SI: With NCAA Embroiled in Chaos, Notre Dame’s Swarbrick Calls Division I Breakup ‘Inevitable’

[Word]

So then perhaps if the P5 football players had a union, and agreed that there should be some kind of "NIL cap" per team/player, then that could be legal.

You can't cap NIL because it's basically like endorsements. NFL can't control how much a player makes in endorsements.

 

[Gophers_4life]

You can't cap NIL because it's basically like endorsements. NFL can't control how much a player makes in endorsements.

Says who.

Again, what if P5 players collectively agree to impose it upon themselves?

I'm merely talking legality.

 

[Word]

Says who.

Again, what if P5 players collectively agree to impose it upon themselves?

I'm merely talking legality.

I'm no lawyer but I just don't know how you'd ever control that.

 

[Ope3]

So then perhaps if the P5 football players had a union, and agreed that there should be some kind of "NIL cap" per team/player, then that could be legal.

I would guess, but then they would be paid employees (as opposed to "student/athletes") with wages, benefits etc from the Universities.

 

[short ornery norwegian]

Says who.

Again, what if P5 players collectively agree to impose it upon themselves?

I'm merely talking legality.

that is why the NCAA is practically begging Congress to pass National legislation to put some controls on NIL. Of course, it would have to pass muster with the Supreme Court, but assuming no Court challenge, a Bill passed by Congress could impose national standards - as opposed to the current situation where some states have passed NIL bills and other states have no bills.

A national NIL bill passed by Congress could impose reasonable limits.

having said that, I am very skeptical about the odds of Congress being able to pass that type of a bill, because Congress is almost as dysfunctional as the NCAA.

 

[Pompous Elitist]

You're more of a Mercedes guy?

I was hoping to bait some propellerheads but so far no dice. I should have mentioned full size pickups. My bad.

 

[Pompous Elitist]

It seems to me that your general sentiment with this post is still something like "what can the courts do? Not much."

OK. But if that is true, then how is it legally possible for the NCAA to forbid its members from paying student-athletes directly? What is the difference, there? Seems very arbitrary, if there is any at all.

The NCAA has had a legal carve out but the winds of change are blowing socially and legally. They could have played hardball on NIL but chose not to. A unilateral stand down.

Maybe I am too optimisitc, but I still feel like the right judge could be convinced that NIL as primary income, and especially where nothing tangible is being (even attempting to be!) produced from the deal, is essentially the same thing as paying players and therefore the NCAA (or conferences) have the right to regulate it.

I‘m sure there will be local attempts to reign it in but some state laws are pretty much promoting absolute chaos (California) around NIL. Can’t speak to anywhere else rn.

Also -- and this is a completely different thing and argument -- but how are NFL salary caps legal, then? That's a restraint on free market for salaries.

My understanding is that it is legal only because it it part of a collectively bargained agreement between management and unionized employees. Some of the legal eagles here can shed more light. The law is selectively targeted and enforced, as in every arena.

 

[short ornery norwegian]

Pomp - I think a lot of the pro sports operate under anti-trust exemptions. That is what allows them to adopt seemingly non-competitive practices such as a draft and salary caps.