NIL Legislation to go through legal issues

Spurman54

Joined Apr 19, 2003
Jan 20, 2022
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Recently during my travels, I was at the airport in San Francisco California. As I took my seat in the waiting area to be boarded on my flight, I sat down next to a gentleman, and we got to talking about college sports. The longer we talked he mentioned to me that he was an attorney that represents a lot of schools in the NIL issue. As we were talking, he mentioned that he would not be surprised to see a lot of smaller schools taking the agreement that is supposed to start July1, 2025 to court. He mentioned they were going to challenge this case and do not be surprised with all the challenges and legal challenges that this was not going to take place for a long period of time. Your small schools in no way shape or form can pay $20m a year. First of all, they do not have it or do they foresee having it in the future. What the attorney said basically this was discrimination against the smaller schools and they were going to keep it in the courts as long as they can. What the answer is I don't know. Also, how can you pay the non-revenue sports the same as football and basketball. There is no way. You cannot pay a volleyball player the same as a football player or a basketball player. No way. They generate no revenue. Where this ends up is probably going to have to end up in Congress and they will have to give anti-trust protection as they give mlb or the nfl. Lastly there is probably going to be a challenge in the supreme court with NIL as well. A lot of schools are going to challenge the ruling the Supreme Court made and will present a case to have NIL overturned. Only time will tell.
 

18IsTheMan

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It's complicated for sure and places a lot of schools at a distinct disadvantage. Maybe most.

However, you can't challenge a SCOTUS decision. They can bring a new case, with the hopes that the ruling would overturn the previous decision.
 

HI Cock1

Joined Oct 14, 2012
Jan 22, 2022
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Well, a football scholarship is worth the same as a volleyball scholarship - so there's precedent.

The problem is that as soon as you start limiting what a player can "make" the graft begins.

The only way out is to make it semi-pro. Spin off the programs from the schools and regulate it like they do the NFL with salary caps and other regulations.
 

Yard_Pimps

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It’s going to be challenged in multiple ways. How will dawn feel when USC spends 3 million on woman’s basket ball and 18.5 on football. My understanding is title 9 will not be applied in the settlement. I don’t see that flying in the long run.
 
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18IsTheMan

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It’s going to be challenged in multiple ways. How will dawn feel when USC spends 3 million on woman’s basket ball and 18.5 on football. My understanding is title 9 will not be applied in the settlement. I don’t see that flying in the long run.
I just can't imagine how Title IX is ignored on this. The women's sports will raise h*ll for one thing.
 

18IsTheMan

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It’s going to be challenged in multiple ways. How will dawn feel when USC spends 3 million on woman’s basket ball and 18.5 on football. My understanding is title 9 will not be applied in the settlement. I don’t see that flying in the long run.
Per this article, Title IX will apply to the $20 million revenue share. No specific guidance was given for how funds are to be allocated, though.


Very gray.
 

18IsTheMan

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With Title IX varsity roster spots are expected to line up with the gender breakdown of the student body. If 58% of a student body is female, then 58% of varsity roster spots and 58% of financial aid has to go to women athletes. I don't see how they don't also apply that to revenue sharing.
 

Yard_Pimps

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Per this article, Title IX will apply to the $20 million revenue share. No specific guidance was given for how funds are to be allocated, though.


Very gray.
Will depend on how it’s classified which this article talks about. Others I have seen say that it will not be classified as financial aid therefore doesn’t fall under title 9 by definition. That’s what I am eluding to. I have also seen schools say that they will contribute all 20.5 to football. I think any school would have a decent case in saying the 20.5 is payment for a sport that actually generates revenue. They’re for leaving the others out. Have seen that as well.

Is revenue sharing “financial aid” that’s the question. I believe the case can be made for either side.
 

18IsTheMan

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Will depend on how it’s classified which this article talks about. Others I have seen say that it will not be classified as financial aid therefore doesn’t fall under title 9 by definition. That’s what I am eluding to. I have also seen schools say that they will contribute all 20.5 to football. I think any school would have a decent case in saying the 20.5 is payment for a sport that actually generates revenue. They’re for leaving the others out. Have seen that as well.

Is revenue sharing “financial aid” that’s the question. I believe the case can be made for either side.

I just can't see women's sports not raising absolute cain about it.

It's fair to say that revenue sharing should be allocated proportionately based on the revenue each sport brings in (how can you share revenue if the sport doesn't generate revenue?). That eliminates almost every sport aside from football and men's basketball at most schools.

As the guy in the article says "Some of the concerns I have is that it's going to be the male athletes getting paid and [the] just-as-committed, just-as-hard-working women athletes, not." Fair or not, that's how it will be viewed. Whether or not they generate revenue, women work just as hard, so they are entitled to just as much as the men.
 

Yard_Pimps

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I just can't see women's sports not raising absolute cain about it.

It's fair to say that revenue sharing should be allocated proportionately based on the revenue each sport brings in (how can you share revenue if the sport doesn't generate revenue?). That eliminates almost every sport aside from football and men's basketball at most schools.

As the guy in the article says "Some of the concerns I have is that it's going to be the male athletes getting paid and [the] just-as-committed, just-as-hard-working women athletes, not." Fair or not, that's how it will be viewed. Whether or not they generate revenue, women work just as hard, so they are entitled to just as much as the men.
Oh I agree on it being attacked that’s why I said what I said in my original statement about it being attacked from multiple directions. It will take a federal court defining it as not “financial aid”.

However I do not agree that just because “they” work as hard, that they are entitled to the same amount. I’m not saying just woman that goes to baseball to. In my opinion the money should go where the revenue is unless the school doesn't agree. Basically saying the school should be able to distribute the money as they see fit.
 
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18IsTheMan

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Oh I agree that’s why I said what I said in my original statement about it being attacked from multiple directions. It will take a federal court defining it as not “financial aid”.

Problem is, I don't see a decision that doesn't piss people off. If deemed not subject to Title IX, the ladies will be irate. If deemed subject to Title IX, there will be anger that women who contribute little or nothing to revenue get as much or more than the men who generate all/most of the revenue.

Such is the can of worms that has been opened.
 

Yard_Pimps

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Problem is, I don't see a decision that doesn't piss people off. If deemed not subject to Title IX, the ladies will be irate. If deemed subject to Title IX, there will be anger that women who contribute little or nothing to revenue get as much or more than the men who generate all/most of the revenue.

Such is the can of worms that has been opened.
Agreed, a judge will sort that out.
 
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