ADVERTISEMENT

Unless and until

Nbnylon

Senior
Apr 30, 2019
1,050
1,281
113
Unless and until a few congressmen, whose Alma maters are getting gutted by the NIL, do something this is only going to get worse. With Repole making his comments it won’t take long for some programs flush with cash to start forming the college version of dream teams. There will be a handful of Dodger teams, some Indians and the rest will be the Royals
 
  • Like
Reactions: catholicman
Unless and until a few congressmen, whose Alma maters are getting gutted by the NIL, do something this is only going to get worse. With Repole making his comments it won’t take long for some programs flush with cash to start forming the college version of dream teams. There will be a handful of Dodger teams, some Indians and the rest will be the Royals

I think the solution lies within the teams themselves. Power 6 come together and announce limit of only 2 transfers per season. Kill demand and supply goes away.
Of course this is a pipe dream
 
. The NCAA has absolutely no power in the matter. Justice Kavanaugh absolutely obliterated the organization in his opinion in the Alston case and told the NCAA they are not above the law.

The NCAA is an absolute shell of what it once was and frankly I miss it.
 
seems like it will completely blow up and probably ruined forever.

if i were sha id try my hardest to get a tournament run with SHU in the next 2/3 years then bounce to a team that is part of the elite chosen nba feeder system group.
 
The NCAA could have been in front of this establishing rules that would meet legal requirements though.
Not really. For all intents and purposes the Court found that the NCAA was an organization/business that did not pay its employees and as a result it violated Antitrust laws. Kavanugh stated what entity can have a business like this and get away with not paying its employees. Short of the NCAA agreeing to compensate the athletes, which it was never going to do, there was nothing they could have done to prevent the ruling.

Remember this was a 9-0 decision not 5-4 with a strong dissent by one of the justices which would lead to the possibility of it being overturned down the road. This was so egregious by the NCAA that every justice ruled in favor of NIL. The only thing that can save us now is legislation and after a 9-0 decision that legislation will also be back before the court scrutinized with a fine tooth comb.
 
Overall impressed by the guys here who still care. I will check out the results but I have no interest in watching this system. Maybe if I notice sports like baseball and volleyball have some continuity from year to year I’ll follow. Max I can do check out the results and check in to see if the system changes for the better. Spending money on players who have no loyalty to the school, good for those who have money to burn. The only way things change for the better is if enough people say if I wanted to watch pros, I’d watch the real pros.
 
  • Like
Reactions: shu09
NOTE TO ALL: This is NOT the doings of the NCAA - this is from THE COURT SYSTEM

True but the NCAA is still corrupt. There's an argument to be made that CBB & CFB would never be in this position had the NCAA not been so greedy.
 
True but the NCAA is still corrupt. There's an argument to be made that CBB & CFB would never be in this position had the NCAA not been so greedy.

Someone wrote that the NCAA is killing itself. You can argue the NCAAs actions up until the OBannon case LED to this. But currently the courts are killing the NCAA.
 
Not really. For all intents and purposes the Court found that the NCAA was an organization/business that did not pay its employees and as a result it violated Antitrust laws. Kavanugh stated what entity can have a business like this and get away with not paying its employees. Short of the NCAA agreeing to compensate the athletes, which it was never going to do, there was nothing they could have done to prevent the ruling.

Remember this was a 9-0 decision not 5-4 with a strong dissent by one of the justices which would lead to the possibility of it being overturned down the road. This was so egregious by the NCAA that every justice ruled in favor of NIL. The only thing that can save us now is legislation and after a 9-0 decision that legislation will also be back before the court scrutinized with a fine tooth comb.
Nbnylon, all great points regarding the current legal landscape. Although my understanding of the Supreme Court's majority opinion in the Alston case, authored by Justice Gorsuch, was that it was limited solely to NCAA rules which limited the "education-related compensation" that a university could provide violated Antitrust law, the writing is certainly now on the "Supreme Court" wall. The Justice Cavanaugh concurring opinion decimated the NCAA.

Following the Alston decision in 2021, the NCAA did choose to proactively allow NIL, with limitations, that are now the subject of another pending Federal case, House v. NCAA. Plaintiffs are reportedly seeking $1.4 billion in "back-NIL" which, if trebled, could become a $4.2 billion judgment. There is also Hubbard v. NCAA, which I understand is seeking similar relief.

Another tact, besides those NIL-related cases, that former college athletes are taking, is going the "employee" route. In Johnson vs. NCAA, plaintiffs are arguing that they were employees and are suing the NCAA for back-pay for the hours spent on their athletic endeavors while at school. I've seen potential damages sought in that lawsuit to be between $200,000 million and $1 billion. There are also a couple of challenges to the NCAA before the NLRB (the Dartmouth and USC cases), again wherein the athletes are seeking protection as "employees".

The Transfer Rules are being challenged in the Courts by several states (Ohio vs. NCAA), although I believe that those rules were recently just loosened up by the NCAA, including unlimited transfers.

From what I can see, there does not appear to be an appetite for congressional intervention. Thus, for those of use who detest the current college landscape, at least from a judicial standpoint, the future looks bleak.
 
The P5 (football) schools are not blameless here. The inexorable and illusive drive to make money and to promote the university (athletic success suggests educational/academic excellence??) by these schools has driven collegiate athletics off the rails. None of these schools have the self-discipline to focus on their real missions. Once upon a time, schools like Harvard, Yale, Princeton, Penn, Columbia and their peers lost their way like things are happening now. It resulted in the Ivy Group. And then the Patriot League for a while until they couldn't compete. So sad.
 
The P5 (football) schools are not blameless here. The inexorable and illusive drive to make money and to promote the university (athletic success suggests educational/academic excellence??) by these schools has driven collegiate athletics off the rails. None of these schools have the self-discipline to focus on their real missions. Once upon a time, schools like Harvard, Yale, Princeton, Penn, Columbia and their peers lost their way like things are happening now. It resulted in the Ivy Group. And then the Patriot League for a while until they couldn't compete. So sad.
And majority are insolvent
 
Man, people really don't understand this stuff. These are precedents already set throughout US History going back into the Gilded Age....
So if the P6 set a limit of 2 incoming transfers per school per year, and a school takes in a 3rd... how long until a student or school brings a case, and the courts rule against the P6 imposed limit?
 
Not without players being deemed employees, a union representing them, and a collective bargaining agreement.

How about full NCAA union.
You must join to participate in NIL. If you choose not to join the union, you maintain your right to transfer without a sit out year, otherwise you sit if you leave.

Not saying that IS the answer but there has to be something similar that the NCAA could implement that would protect the schools investment in developing the players while also allowing for a players free market value to grow.
 
So if the P6 set a limit of 2 incoming transfers per school per year, and a school takes in a 3rd... how long until a student or school brings a case, and the courts rule against the P6 imposed limit?

I don't know? Am I a fortune teller?.....

But the precedent for that lawsuit and ruling by the courts in favor of the athletes exist
 
The easy solution is to allow universities to pay players directly and enforce a salary cap for all NCAA teams. Pitino recommended a team salary cap of $2M for men's basketball. A $2M salary cap would be a great start and enable smaller universities to compete.
 
Unless and until a few congressmen, whose Alma maters are getting gutted by the NIL, do something this is only going to get worse. With Repole making his comments it won’t take long for some programs flush with cash to start forming the college version of dream teams. There will be a handful of Dodger teams, some Indians and the rest will be the Royals
My Royals win the World Series every 25 years and then start rebuilding after each. Better than most MLB teams.
 
  • Like
Reactions: Nbnylon
I think that would have
The easy solution is to allow universities to pay players directly and enforce a salary cap for all NCAA teams. Pitino recommended a team salary cap of $2M for men's basketball. A $2M salary cap would be a great start and enable smaller universities to compete.
I think that would have to be collectively bargained with a players union or run afoul of antitrust laws.
 
. The NCAA has absolutely no power in the matter. Justice Kavanaugh absolutely obliterated the organization in his opinion in the Alston case and told the NCAA they are not above the law.

The NCAA is an absolute shell of what it once was and frankly I miss it.
Yet the court says the president is not above the law! 😂
 
Nbnylon, all great points regarding the current legal landscape. Although my understanding of the Supreme Court's majority opinion in the Alston case, authored by Justice Gorsuch, was that it was limited solely to NCAA rules which limited the "education-related compensation" that a university could provide violated Antitrust law, the writing is certainly now on the "Supreme Court" wall. The Justice Cavanaugh concurring opinion decimated the NCAA.

Following the Alston decision in 2021, the NCAA did choose to proactively allow NIL, with limitations, that are now the subject of another pending Federal case, House v. NCAA. Plaintiffs are reportedly seeking $1.4 billion in "back-NIL" which, if trebled, could become a $4.2 billion judgment. There is also Hubbard v. NCAA, which I understand is seeking similar relief.

Another tact, besides those NIL-related cases, that former college athletes are taking, is going the "employee" route. In Johnson vs. NCAA, plaintiffs are arguing that they were employees and are suing the NCAA for back-pay for the hours spent on their athletic endeavors while at school. I've seen potential damages sought in that lawsuit to be between $200,000 million and $1 billion. There are also a couple of challenges to the NCAA before the NLRB (the Dartmouth and USC cases), again wherein the athletes are seeking protection as "employees".

The Transfer Rules are being challenged in the Courts by several states (Ohio vs. NCAA), although I believe that those rules were recently just loosened up by the NCAA, including unlimited transfers.

From what I can see, there does not appear to be an appetite for congressional intervention. Thus, for those of use who detest the current college landscape, at least from a judicial standpoint, the future looks bleak.
Certainly very interesting times. Key will be “employee” status. If they are found to be employees the Courts might leave any retroactive compensation to each State’s Department of Labor and in NJ the Department of Labor would have a field day as they adhere to strict guidelines of retroactive payments, overtime rules and severe penalties.
 
ADVERTISEMENT

Latest posts

ADVERTISEMENT