It's just the NCAA again pretending it has power to do anything regarding NIL.
That's a pretty ambitious expectation...I look forward to hearing the outcome of the investigation in 7 years.
if what we hear is accurate, then that is what happened. That would of course be a violation of the interim NCAA rule. What makes this tricky is that the state law on NIL (which would be part of the state trademark law) would govern what the person can do with their NIL. I don't think that the state law can address NCAA authority, which comes from the contract with the member schools, and even though contracts may be governed under state law, I think the you would have federal law around re the NCAA contract pre-empt any state interference. In addition, the member schools who the NCAA serves are the ones who want the NCAA enforcement. So the member schools seek enforcement on themselves for compliance problems. I am not sure how state law is going to be able to over turn that. So a state may legislate what a "person" can do re their NIL, but that does not guarantee that the NCAA cannot make a rule that says if that a school pays a player to attend, that that same school cannot be given the death penalty. I think jurisdiction of NCAA regs and state law re trademarks are completely distinct. I defer to any lawyers who cover the area of the law that would address the NCAA and state law. I believe this came up during the Sandusky stuff, and all legal opinions were that even those with standing could not beat the NCAA due to their contract with the member schools. In fact one of the legal scholars on the posts mentioned that the only solution was to seek to void the NCAA contract with the member schools. I am not sure I see much difference here.Meanwhile A&M just bought their 2022 recruiting class.
if what we hear is accurate, then that is what happened. That would of course be a violation of the interim NCAA rule. What makes this tricky is that the state law on NIL (which would be part of the state trademark law) would govern what the person can do with their NIL. I don't think that the state law can address NCAA authority, which comes from the contract with the member schools, and even though contracts may be governed under state law, I think the you would have federal law around re the NCAA contract pre-empt any state interference. In addition, the member schools who the NCAA serves are the ones who want the NCAA enforcement. So the member schools seek enforcement on themselves for compliance problems. I am not sure how state law is going to be able to over turn that. So a state may legislate what a "person" can do re their NIL, but that does not guarantee that the NCAA cannot make a rule that says if that a school pays a player to attend, that that same school cannot be given the death penalty. I think jurisdiction of NCAA regs and state law re trademarks are completely distinct. I defer to any lawyers who cover the area of the law that would address the NCAA and state law. I believe this came up during the Sandusky stuff, and all legal opinions were that even those with standing could not beat the NCAA due to their contract with the member schools. In fact one of the legal scholars on the posts mentioned that the only solution was to seek to void the NCAA contract with the member schools. I am not sure I see much difference here.
I have seen some of the court writings, and it really seems stupid. When I see a justice writing about what coaches make, or the schools are making on sports......none of that is relevant. NIL is about the person and their mark. This is a very interesting situation, and I think the majority of the NCAA member schools want the NCAA to make the rules and enforce compliance. I bet if you took a vote of all the schools, that is what they would want to happen.
that is why I said if what we hear is accurate. I have never seen the proof, only heard media types saying this happened.Any proof A&M bought their class? Outside of some salty Longhorn fans saying so? Prove it.
or regarding anythingIt's just the NCAA again pretending it has power to do anything regarding NIL.
And Portland State will be punished…I look forward to hearing the outcome of the investigation in 7 years.
IF all that were true, then A&M is violating the NCAA rules. The NCAA will have power IF the Presidents of the Universities decide they want them to. This is really not that hard. IF the Presidents want this to be enforced then it will be.According to a message board user who goes by SlicedBread, Aggie boosters spent between $25 and $30 million to sure-up the nation’s top class. He reported that the effort was targeted and coordinated.
Yes, the DeepThroat of shady NIL dealings, SlicedBread.
IF all that were true, then A&M is violating the NCAA rules. The NCAA will have power IF the Presidents of the Universities decide they want them to. This is really not that hard. IF the Presidents want this to be enforced then it will be.