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Can we stay competitive in the NIL era?
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<blockquote data-quote="slugboy" data-source="post: 875274" data-attributes="member: 282"><p>Here’s the header of California’s law. Others seem similar (<a href="https://spry.so/nil-state-guide/california-nil-law-for-ncaa/" target="_blank">https://spry.so/nil-state-guide/california-nil-law-for-ncaa/</a>). You’d need a lawyer to argue the difference between NIL and “pay”.</p><p>I’m not a lawyer, but</p><ul> <li data-xf-list-type="ul">Major sports have anti-trust exemptions so they can have “standard” contracts and rules. That seems to be critically wounded in college.</li> <li data-xf-list-type="ul">That lack of rules now makes college sports the Wild West</li> <li data-xf-list-type="ul">I think the NCAA and member schools needs to figure out contracts and benefits and pay, because if the other laws are like California’s, it’ll be hard to find a legal distinction between pay and NIL.</li> <li data-xf-list-type="ul">Unless Congress does something, there’s nothing to stop Texas from giving athletes in their state an advantage; then Alabama escalates, and so on until there’s no room to even cap a roster</li> <li data-xf-list-type="ul">A nit: the NCAA can’t willingly turn a blind eye to a violation or they may legally lose the power to enforce the rule. In cases where they’ve been stymied, schools like UNC won their cases with lawyers.</li> <li data-xf-list-type="ul">SMU’s Pony Express was nearly 40 years ago. Then, it was a death penalty. Now, it’s a different story.</li> <li data-xf-list-type="ul">I find it ironic that employers can put non-compete contracts in front of a regular joe, and state laws support that, but college athletics is now the opposite. (I think non-competes hurt the states that enable them, but in this case my point is that it seems easier in some ways to poach a college player than many other types of employee, where it was much harder 5 years ago. It’s more difficult in the pros by far. The rules are so unsettled that people are confused)</li> </ul></blockquote><p></p>
[QUOTE="slugboy, post: 875274, member: 282"] Here’s the header of California’s law. Others seem similar ([URL]https://spry.so/nil-state-guide/california-nil-law-for-ncaa/[/URL]). You’d need a lawyer to argue the difference between NIL and “pay”. I’m not a lawyer, but [LIST] [*]Major sports have anti-trust exemptions so they can have “standard” contracts and rules. That seems to be critically wounded in college. [*]That lack of rules now makes college sports the Wild West [*]I think the NCAA and member schools needs to figure out contracts and benefits and pay, because if the other laws are like California’s, it’ll be hard to find a legal distinction between pay and NIL. [*]Unless Congress does something, there’s nothing to stop Texas from giving athletes in their state an advantage; then Alabama escalates, and so on until there’s no room to even cap a roster [*]A nit: the NCAA can’t willingly turn a blind eye to a violation or they may legally lose the power to enforce the rule. In cases where they’ve been stymied, schools like UNC won their cases with lawyers. [*]SMU’s Pony Express was nearly 40 years ago. Then, it was a death penalty. Now, it’s a different story. [*]I find it ironic that employers can put non-compete contracts in front of a regular joe, and state laws support that, but college athletics is now the opposite. (I think non-competes hurt the states that enable them, but in this case my point is that it seems easier in some ways to poach a college player than many other types of employee, where it was much harder 5 years ago. It’s more difficult in the pros by far. The rules are so unsettled that people are confused) [/LIST] [/QUOTE]
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