Home
Articles
Photos
Interviews
Forums
New posts
Search forums
Georgia Tech Recruiting
Dashboard
What's new
New posts
New profile posts
Latest activity
Chat
Log in
Register
What's new
Search
Search
Search titles only
By:
New posts
Search forums
Menu
Log in
Register
Install the app
Install
Home
Forums
Georgia Tech Athletics
Georgia Tech Football
Court Blows Up NCAA Transfer Rules
JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an
alternative browser
.
Reply to thread
Message
<blockquote data-quote="slugboy" data-source="post: 984761" data-attributes="member: 282"><p>It rules that 1) college athletic programs are commercial enterprises and are subject to labor laws and antitrust legislation, 2) the players are covered under labor laws and antitrust legislation, 3) the NCAA’s amateur argument is limited (and is becoming more limited with each court case) and does not stop the courts from enforcing antitrust and labor laws in college sports. Courts have a reasonableness test they can use to apply antitrust, trade, and labor laws; the NCAA is regularly losing the reasonableness tests. </p><p></p><p>I said the Supreme Court punctured the NCAAs amateurism argument. It did. You can read the original decision—I have. </p><p></p><p>Gorsuch in the majority opinion doesn’t use the term “employees”, but it does give them labor rights. Kavanaugh’s concurring minority opinion clearly does classify them as employees, even when he doesn’t use that term. </p><p></p><p>The transfer rule is being attacked as illegal restraint of trade. If you read through the Alston decision, it would appear that lower court decision overturning transfer rules is going to hold. </p><p></p><p>Right now, college athletes are in this strange limbo status. They aren’t amateurs any more, but it’s up to the athletic associations to make them into employees. They are labor. Until the AAs make players into employees with contracts, the AA’s have even more limited authority than a normal employer. </p><p></p><p>And that doesn’t even include the need to have an antitrust exemption to have a unified college football system and set of rules. Any uniform set of rules is going to be collusion towards restraint of trade, even if all the conferences “happen” to end up with the same rules.</p><p></p><p>My personal view is that Gorsuch gave the NCAA and member schools a chance to square things away before another case came before the Supreme Court again. The NCAA and the conferences have squandered that opportunity.</p></blockquote><p></p>
[QUOTE="slugboy, post: 984761, member: 282"] It rules that 1) college athletic programs are commercial enterprises and are subject to labor laws and antitrust legislation, 2) the players are covered under labor laws and antitrust legislation, 3) the NCAA’s amateur argument is limited (and is becoming more limited with each court case) and does not stop the courts from enforcing antitrust and labor laws in college sports. Courts have a reasonableness test they can use to apply antitrust, trade, and labor laws; the NCAA is regularly losing the reasonableness tests. I said the Supreme Court punctured the NCAAs amateurism argument. It did. You can read the original decision—I have. Gorsuch in the majority opinion doesn’t use the term “employees”, but it does give them labor rights. Kavanaugh’s concurring minority opinion clearly does classify them as employees, even when he doesn’t use that term. The transfer rule is being attacked as illegal restraint of trade. If you read through the Alston decision, it would appear that lower court decision overturning transfer rules is going to hold. Right now, college athletes are in this strange limbo status. They aren’t amateurs any more, but it’s up to the athletic associations to make them into employees. They are labor. Until the AAs make players into employees with contracts, the AA’s have even more limited authority than a normal employer. And that doesn’t even include the need to have an antitrust exemption to have a unified college football system and set of rules. Any uniform set of rules is going to be collusion towards restraint of trade, even if all the conferences “happen” to end up with the same rules. My personal view is that Gorsuch gave the NCAA and member schools a chance to square things away before another case came before the Supreme Court again. The NCAA and the conferences have squandered that opportunity. [/QUOTE]
Insert quotes…
Verification
Who was Georgia Tech's starting QB in 2023?
Post reply
Home
Forums
Georgia Tech Athletics
Georgia Tech Football
Court Blows Up NCAA Transfer Rules
This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
By continuing to use this site, you are consenting to our use of cookies.
Accept
Learn more…
Top