this is a very common among the talking heads in the media, but never is it stated what they want. There are already laws, regulations and case law for trademarks and property rights governing both organizations and individuals name, image and persona. Numerous case law has covered personal image, defamation, copying, etc. This law applies federally and locally. NIL around pro athletes have used this for years. What is needed that would be unique to college athletes?
On ESPNU they seemed to be harping on the fact there was no governing body for college football, and it needed a czar. I believe that is why the NCAA was created, to govern college sports. So since the NCAA is nothing but a body that the colleges themselves have established and agreed to be their governing body, wouldn't that be the simplest solution for the college football czar? So far, the legal challenges against the NCAA have been anti-trust (i.e. Allston case finding was that the NCAA could not limit academically oriented funding to scholarship athletes). If you want a simple and fast solution legislatively, why not just have congress give the NCAA an anti-trust exemption. Then they can make the rules in line with what their board (Presidents) want. That would be fast and not require much effort. Any other solution would seem to take years of fighting, as it would be clean start.
I know the NCAA is not a good solution to Penn State, but that is also partly on how our leadership failed to fight. Somehow Tom Mars was able to threaten a court case against the NCAA to get a QB transfer instant eligibility and the NCAA backed down. Our leadership did not have the wit and fortitude to even attempt similar action. That does not mean the NCAA may not be a good organizational solution. If not the NCAA, then some other startup organization that will wind up looking like the NCAA but only for CFB.
On ESPNU they seemed to be harping on the fact there was no governing body for college football, and it needed a czar. I believe that is why the NCAA was created, to govern college sports. So since the NCAA is nothing but a body that the colleges themselves have established and agreed to be their governing body, wouldn't that be the simplest solution for the college football czar? So far, the legal challenges against the NCAA have been anti-trust (i.e. Allston case finding was that the NCAA could not limit academically oriented funding to scholarship athletes). If you want a simple and fast solution legislatively, why not just have congress give the NCAA an anti-trust exemption. Then they can make the rules in line with what their board (Presidents) want. That would be fast and not require much effort. Any other solution would seem to take years of fighting, as it would be clean start.
I know the NCAA is not a good solution to Penn State, but that is also partly on how our leadership failed to fight. Somehow Tom Mars was able to threaten a court case against the NCAA to get a QB transfer instant eligibility and the NCAA backed down. Our leadership did not have the wit and fortitude to even attempt similar action. That does not mean the NCAA may not be a good organizational solution. If not the NCAA, then some other startup organization that will wind up looking like the NCAA but only for CFB.
