NCAA Thread

Discussion in 'The Mainboard' started by herb.burdette, Dec 17, 2020.

  1. herb.burdette

    herb.burdette Meet me at the corner of 8th and Worthington
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    Ohio State Buckeyes

    I tried to start one of these a few years ago and it went nowhere. We’ll see how this goes.

    The NCAA Board of Governors voted in April to allow all three divisions to consider rules which may allow athletes to accept payments from third party sources. In essence, the O’Bannon antitrust lawsuit largely failed, but one key ruling that remains is that athletes own the property rights to their names/likenesses.

    The NCAA Board wants federal legislation so that individual states cannot set more favorable rules to benefit some schools/conferences over others.

    This week US Senator Corey Booker (D NJ) introduced proposed legislation in the Senate. In September, a bipartisan group of 7 (4D and 3R) led by Congressman Anthony Gonzalez (R OH) introduced legislation in the House.

    The NCAA is set to vote on proposed rules on 1/31/21, and likely will defer to federal legislation (if any).

    These proposals include third party payments, increased medical care/workers comp, and allowing NCAA registered agents to assist players without losing amateur status.
     
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  2. herb.burdette

    herb.burdette Meet me at the corner of 8th and Worthington
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    Ohio State Buckeyes

    This also comes on the heels of the Knight Commission report earlier this month, recommending that FBS football be governed separately from all other sports.

    The Knight Commission is a several decades old NCAA reform organization, whose current members include the presidents of Penn State and Arizona State, the chief legal counsel at Duke, the former US Secretary of Education, and former NFL Commissioner Paul Tagliabue.
     
  3. Thoros of Beer

    Thoros of Beer Academy Award-Winning Actor, Tim Allen
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    And the Alston case is going to be heard by the Supreme Court
     
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  4. herb.burdette

    herb.burdette Meet me at the corner of 8th and Worthington
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    Ohio State Buckeyes

    For those who don’t know what Alston concerns, it is a decision from the antitrust lawsuit that has been pending in California for the last decade.

    The federal 9th Circuit held that the NCAA could not cap education related expenses.

    The US Supreme Court has not heard an NCAA antitrust case since it abolished NCAA control of TV rights in 1984.

    They accepted this case this week. While it concerns the grant in aid rules, it also concerns NCAA governance more generally.
     
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  5. Fran Tarkenton

    Fran Tarkenton Hilton Honors VIP
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    Wake Forest Demon DeaconsGeorgia Bulldogs

    As long as the GOP controls the senate, the most that will get passed is a Name Image likeness bill. Or not too much broader than that.
     
  6. herb.burdette

    herb.burdette Meet me at the corner of 8th and Worthington
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    Ohio State Buckeyes

    My view on amateurism and payments from third party sources is that it will have a positive effect of creating taxable/reportable income which will move current under the table payments into the light and level the field on compliance.

    The adverse part is that the biggest schools will become more formidable because they are the place where a recruit can sign and leverage the highest profile for third party payments.

    If you take Kentucky basketball as an example, it’s a blue blood national brand with much higher collegiate earning power than other schools.

    A senator from Kentucky might be interested in seeing that move forward in the senate.
     
  7. herb.burdette

    herb.burdette Meet me at the corner of 8th and Worthington
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    Ohio State Buckeyes

  8. BudKilmer

    BudKilmer Well-Known Member
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    Atlanta HawksAtlanta FalconsAvengers

    The 30 for 30 on the demise of the NCAA and its abhorrent leadership over the last 20 years might need to be longer than The Last Dance
     
  9. herb.burdette

    herb.burdette Meet me at the corner of 8th and Worthington
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    Ohio State Buckeyes

    Walter Byers book, Unsportsmanlike Conduct is a great easy read. He was the NCAA’s Executive Director from 1951-1988, then was forced out when conferences gained control of TV rights following the US Supreme Court’s 1984 NCAA antitrust decision.

    It’s a withering tell all by a bitter man, skewering the NCAA on amateurism.

    It’s dated now, because it’s 20 years old, but it’s an awesome history of hypocrisy.

    upload_2021-2-4_21-30-32.jpeg
     
  10. Gunners

    Gunners Nicking a living
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    Ohio State BuckeyesBaltimore OriolesWashington WizardsWashington Football TeamWashington CapitalsArsenal

    what exactly is the point of Emmert? I literally have no idea what he does at this point. I don't know what comes next but NCAA needs to be destroyed.
     
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  11. herb.burdette

    herb.burdette Meet me at the corner of 8th and Worthington
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    Ohio State Buckeyes

    After the NCAA lost its monopoly on negotiating college football TV rights, Byers misunderstood how important the NCAA basketball tourney would become.

    ESPN was still very new and didn’t broadcast football. They started signing up basketball first, the Big East glory years with Patrick Ewing, etc. and it took off.

    The NCAA started distributing the tourney money and became important again.

    Now the NCAA operates playoffs for everything but football. It distributes basketball revenue. It enforces rules/probation. It litigates amateurism.
     
  12. herb.burdette

    herb.burdette Meet me at the corner of 8th and Worthington
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    Ohio State Buckeyes

    Former USC assistant Todd McNair is getting a new trial against the NCAA in his defamation suit arising from the penalties handed down by the NCAA in the Reggie Bush case.

    He just won an appeal, and the NCAA must pay his costs.

    The foreman of the jury in the 2019 trial was a member of the same law firm representing the NCAA in the trial.

    How that ever happens is beyond me.

    https://www.espn.com/college-footba...g-back-reggie-bush-investigation?platform=amp
     
  13. herb.burdette

    herb.burdette Meet me at the corner of 8th and Worthington
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    Ohio State Buckeyes

    Notre Dame has opted out of the EA Sports college football franchise. They will not provide a license for name, logo, or other IP rights until the NCAA finalizes rules on athletes being able to share likeness profits.

    https://www.espn.com/college-footba...rts-college-football-game-nil-rules-finalized

    The NFL used to negotiate likeness use as a group through their players union, at least circa 2013-14 when this issue blew up the college franchise. The NCAA is opposed to group licensing because they don’t want athletes organized in any way.

    There are at least 20 states that have passed some form of likeness legislation. For example, Florida law becomes effective on 7/1 and allows athlete compensation.

    Absent federal legislation, every state can do what it wants. The NCAA was supposed to vote on rules on 1/30 which were proposed in 11/20, but did not vote.
     
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  14. herb.burdette

    herb.burdette Meet me at the corner of 8th and Worthington
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    Ohio State Buckeyes

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  15. Where Eagles Dare

    Where Eagles Dare The Specialist Show On Earth
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    Auburn TigersAtlanta BravesWashington Football TeamAtlanta United

    They gotta be getting fifa style kick backs
     
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  16. herb.burdette

    herb.burdette Meet me at the corner of 8th and Worthington
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    Ohio State Buckeyes

  17. ned's head

    ned's head Well-Known Member
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    And so the permissible bag droppings begin

     
  18. herb.burdette

    herb.burdette Meet me at the corner of 8th and Worthington
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    Ohio State Buckeyes

    Florida goes live with NIL rights legislation on 7/1/21.

    It’s about to become a brave new world.
     
  19. herb.burdette

    herb.burdette Meet me at the corner of 8th and Worthington
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    Ohio State Buckeyes

    The Knight Commission is an independent group of collegiate presidents, administrators, and other individuals formed in 1989 to effect reform in collegiate athletics.

    In 2020, it’s members included the presidents of Penn State and Arizona State, the general counsel of Duke, former NFL commissioner Paul Tagliabue, and former US Secretary of Education Arne Duncan.

    In December 2020, they met with the NCAA and presented a report wherein they recommended that FBS Football be removed from NCAA jurisdiction and a new, football only governing body be created.

    https://www.knightcommission.org/20...ning-structure-for-the-sport-of-fbs-football/

    Yesterday, Ohio State AD Gene Smith gave an interview with ESPN proposing this concept again.

    https://www.espn.com/college-footba...ella-college-football-playoff-their-own-rules
     
  20. herb.burdette

    herb.burdette Meet me at the corner of 8th and Worthington
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    Ohio State Buckeyes

    The Third Circuit Court of Appeals heard arguments on Wednesday in Johnson v NCAA, a case brought in PA by a Villanova football player.

    https://www.villanovalawreview.com/...o-review-game-changing-play-in-johnson-v-ncaa

    Johnson argues athletes are subject to the federal Fair Labor Standards Act, and should be paid like other university student employees.

    This is significant because it’s the first federal appellate circuit (that I am aware) to consider the issue since the US Supreme Court decided Alston in June 2021 and unleashed the NIL era.

    In 2019, the 9th Circuit affirmed dismissal of similar claims (Dawson). In 2016, the 7th Circuit did the same (Berger).

    In 2022, a federal judge in Pennsylvania refused to dismiss, citing Justice Kavanaugh’s concurrence in Alston that NCAA amateurism is a wholly circular argument without support.

    The Third Circuit took a very unusual step to grant interlocutors appeal, basically expediting the process and allowing the parties to bypass everything else at the trial level to get the core issue up to appeal.