After reading that this proposal originated from the mediation in Tallahassee and was proposed by FSU and Clemson, it makes more sense now that it’s likely just a spitballed suggestion that sports media have amplified.
Obviously, if your side is in mediation, you’ll answer media questions with...
Thanks for sharing. The only item of substance that I gleaned from the article is that the newly proposed media-share-based revenue distribution plan originated from FSU and Clemson.
Are you a lawyer specializing in antitrust? If not, thanks for sharing other’s opinions. If so, you should contact the NCAA and the House court and offer help, because clearly they have no clue about antitrust law since they are proposing a “cap”.
And yet the proposed settlement with the 22% cap is forward-looking, as well as compensating past athletes. It would go into effect next year, and the term (I think) is for ten years.
If what this article describes is true, then the ACC must feel like they are going to lose the lawsuits. Why else would you try to appease FSU with offers to pay out based on media value, and shorten the GOR term?
Also, has the ACC not learned from the appeasement they just implemented? FSU...
To be clear, it wasn't my intent to conflate Class Actions and Collective Bargaining Agreements. I understand how they are different. I was responding to your post which stated:
If the Class Action Settlement creates a cap, and the S-As are members of the Class, then it would seem that they...
I don't know about the "future" aspect. It doesn't seem right to me that it could bind someone who is not yet part of the class. There may be a legal way to do that, though. For example, requiring all prospective S-A's to sign on to the settlement terms in order to be paid by the school.
Who knows? Various states have different statutes that could affect executive orders in different ways. Presidents and Governors have broad powers to enact such things, but courts have ruled that executive orders must be supported by existing law, otherwise they can be contested. David...
My understanding of Class Actions, and I have received settlements from them, is that you are considered a member of the Class unless you opt-out. If you are a member, you agree to accept the settlement. Why do you think this would not apply to S-As without collective bargaining?
It's not...
I'm not a lawyer, but my understanding is that the Class Action Settlement is sort of a proxy for a collective bargaining agreement. Any athlete can opt out of the settlement, but if they don't, the terms are binding within the bounds of the Class. Also if anyone opts out of the Settlement...
As I understand it, the cap is for a pool that is intended for the rank and file S-A. I don't believe the distribution is expected to be even across all S-As, so elite athletes could be compensated well above the average.
Also to your point, the settlement is just for "above the table"...
It could disintegrate, but if it follows the same playbook as other conferences, it could simply raid another G5 conference. Conferences seem to be doing whatever they need to survive.
It's not clear to me that this is the case. Maybe they are referring to averages within a conference. I could be misinterpreting.
According to the NCAA's latest info release, 22% is a cap against the average P5 revenue. From their release: "...allow schools to provide up to 22% of the...
I'm not taking a side in this, just sharing what this guy says. He's an attorney who is following the ACC lawsuits closely.
David McKenzie comment on GA NIL order
Also, the thread title misleadingly calls Kemp's executive order a law. Regardless, it may be unenforceable.
Your impressions mirror mine after I watched the condensed game. I did think UL defense struggled to tackle the Jax St. QB and seemed slow doing it, but again I only saw successful offensive plays which tend to make defenses look bad. We definitely should try some QB runs if we are willing to...
What makes King a great college QB despite some flaws in his passing game is that he is a very good passer, and a very good runner. The whole is greater than the sum of its parts. Last year his only equal in both categories won the Heisman.
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