NonDawg Senator Tubberville has a bill to regulate NIL.......

[MRDAWG]

PASS would require schools to fund some long-term health care for their athletes. It also would regulate transfer rules, requiring athletes to complete three years of academic eligibility before being able to switch schools and immediately compete.

Manchin, Tuberville introduce college sports bill to standardize NIL rules, regulate collectives

Senators Joe Manchin and Tommy Tuberville introduced a college sports bill that would require athletes to disclose how much they money make from name, image and likeness deals, regulate collectives and agents and put restrictions in transferring players.

apnews.com

Maybe this is the fix needed.

 

[Peacedog]

LOL this is dead on arrival.

 

[waydownsouthdawg]

PASS would require schools to fund some long-term health care for their athletes. It also would regulate transfer rules, requiring athletes to complete three years of academic eligibility before being able to switch schools and immediately compete.

Manchin, Tuberville introduce college sports bill to standardize NIL rules, regulate collectives

Senators Joe Manchin and Tommy Tuberville introduced a college sports bill that would require athletes to disclose how much they money make from name, image and likeness deals, regulate collectives and agents and put restrictions in transferring players.

apnews.com

Maybe this is the fix needed.

judges recent decisions has legislatures knowing not to tread these waters

 

[Peacedog]

judges recent decisions has legislatures knowing not to tread these waters

Yes, I should elucidate.

Firstly, Tommy Tubberville is an absolute scum bag and this legislation is performative bullshit on top of that. But none of that is actually why this legislation is dead on arrival. Not feeling anything other than derision towards Tommy Tubberville is one of those edgier cases where opinions can be wrong. The dude is garnage.

The NCAA keeps getting it's ass kicked in court, and rules keep getting removed, for one single reason. It claims that players are student-athletes. But then it has a bunch of special rules and restrictions that only apply to student-athletes and not regular students. Courts have repeatedly and correctly found this to be in violation of established laws, now that the so-called student-athletes (who are in fact have been employees in all but name for decades) have gotten around to doing something about it.

The actual ideas in the bill are not the issue. The issue is trying to make the rules without giving the players a say in them, by clinging to amateurism. Any attempt at change and control is going to fail, or get immediately destroyed in court, until this changes.

 

[GOPUGA]

Yes, I should elucidate.

Firstly, Tommy Tubberville is an absolute scum bag and this legislation is performative bullshit on top of that. But none of that is actually why this legislation is dead on arrival. Not feeling anything other than derision towards Tommy Tubberville is one of those edgier cases where opinions can be wrong. The dude is garnage.

The NCAA keeps getting it's ass kicked in court, and rules keep getting removed, for one single reason. It claims that players are student-athletes. But then it has a bunch of special rules and restrictions that only apply to student-athletes and not regular students. Courts have repeatedly and correctly found this to be in violation of established laws, now that the so-called student-athletes (who are in fact have been employees in all but name for decades) have gotten around to doing something about it.

The actual ideas in the bill are not the issue. The issue is trying to make the rules without giving the players a say in them, by clinging to amateurism. Any attempt at change and control is going to fail, or get immediately destroyed in court, until this changes.

Take it to the chat

 

[716Dawg]

We need something. Don’t care what or how, but something has to happen. I wish there was a salary cap on these NIL deals. Obviously impossible, but it’s nice to think about. Makes it fair and square for everyone involved. Right now, what’s going on isn’t sustainable. It’s chaos.

 

[BamaDawg62]

NIL money is fine I don't care if a kid can make money off his name make it.... like Rocky said. However, a booster or school should NOT be involved AT ALL. If you're a booster you shouldn't be able to sponsor a kid or give money to a "collective". Collectives shouldn't exist. If adidas wants to give the kid a million for an add campaign fine and dandy so long as no school is involved. I don't get how they are allowing boosters to do it and collectives to exist it's bizarre.

 

[Red Pants]

I just find it hilarious a former Aub coach who trolled the sh!t out of Alabama is now repping the state in DC. 😄

 

[doofusdawg]

Yes, I should elucidate.

Firstly, Tommy Tubberville is an absolute scum bag and this legislation is performative bullshit on top of that. But none of that is actually why this legislation is dead on arrival. Not feeling anything other than derision towards Tommy Tubberville is one of those edgier cases where opinions can be wrong. The dude is garnage.

The NCAA keeps getting it's ass kicked in court, and rules keep getting removed, for one single reason. It claims that players are student-athletes. But then it has a bunch of special rules and restrictions that only apply to student-athletes and not regular students. Courts have repeatedly and correctly found this to be in violation of established laws, now that the so-called student-athletes (who are in fact have been employees in all but name for decades) have gotten around to doing something about it.

The actual ideas in the bill are not the issue. The issue is trying to make the rules without giving the players a say in them, by clinging to amateurism. Any attempt at change and control is going to fail, or get immediately destroyed in court, until this changes.

Even if players got everything they want there would still be a need for legislation... and it will happen. The most traditional folks like Tommy and his constituents will grow tired of their states and schools not being competitive because some schools spend $15-20 mill plus and others can't spend a fourth of that.

And the legislation won't stop the law suits as you obviously know.

 

[orangeisgay]

Yes, I should elucidate.

Firstly, Tommy Tubberville is an absolute scum bag and this legislation is performative bullshit on top of that. But none of that is actually why this legislation is dead on arrival. Not feeling anything other than derision towards Tommy Tubberville is one of those edgier cases where opinions can be wrong. The dude is garnage.

The NCAA keeps getting it's ass kicked in court, and rules keep getting removed, for one single reason. It claims that players are student-athletes. But then it has a bunch of special rules and restrictions that only apply to student-athletes and not regular students. Courts have repeatedly and correctly found this to be in violation of established laws, now that the so-called student-athletes (who are in fact have been employees in all but name for decades) have gotten around to doing something about it.

The actual ideas in the bill are not the issue. The issue is trying to make the rules without giving the players a say in them, by clinging to amateurism. Any attempt at change and control is going to fail, or get immediately destroyed in court, until this changes.

take it to the chat

 

[EmptySuitDawg]

PASS would require schools to fund some long-term health care for their athletes. It also would regulate transfer rules, requiring athletes to complete three years of academic eligibility before being able to switch schools and immediately compete.

Manchin, Tuberville introduce college sports bill to standardize NIL rules, regulate collectives

Senators Joe Manchin and Tommy Tuberville introduced a college sports bill that would require athletes to disclose how much they money make from name, image and likeness deals, regulate collectives and agents and put restrictions in transferring players.

apnews.com

Maybe this is the fix needed.

Court already ruled on the obannon case. Don’t think his bill regulating the $ amounts would be legal.

 

[Zonadog]

Yes, I should elucidate.

Firstly, Tommy Tubberville is an absolute scum bag and this legislation is performative bullshit on top of that. But none of that is actually why this legislation is dead on arrival. Not feeling anything other than derision towards Tommy Tubberville is one of those edgier cases where opinions can be wrong. The dude is garnage.

The NCAA keeps getting it's ass kicked in court, and rules keep getting removed, for one single reason. It claims that players are student-athletes. But then it has a bunch of special rules and restrictions that only apply to student-athletes and not regular students. Courts have repeatedly and correctly found this to be in violation of established laws, now that the so-called student-athletes (who are in fact have been employees in all but name for decades) have gotten around to doing something about it.

The actual ideas in the bill are not the issue. The issue is trying to make the rules without giving the players a say in them, by clinging to amateurism. Any attempt at change and control is going to fail, or get immediately destroyed in court, until this changes.

Some questions.

Is Joe Manchin an absolute scumbag and garbage? You keep mentioning Tuberville as if this is just his deal, but Manchin's name is on this as well.

We're to understand that this legislation would change the legal playing field. You cite the NCAA's failures based on established law, but the effort here is to establish new law. Are you saying that this is unconstitutional? If so, how?

Do you think it is unusual for Congress to make laws without giving the governed a say in them? Yes, we have a say in voting for the members of Congress, but do you think they base decisions on public input or talk among themselves, the experts they choose to interview, and lobbyists?

 

[Peacedog]

Some questions.

Well this is something, to be sure.

Is Joe Manchin an absolute scumbag and garbage? You keep mentioning Tuberville as if this is just his deal, but Manchin's name is on this as well.

Manchin is garbage too, yes. What does that matter?

We're to understand that this legislation would change the legal playing field. You cite the NCAA's failures based on established law, but the effort here is to establish new law. Are you saying that this is unconstitutional? If so, how?

O'Bannon versus NCAA is decided and over. The follow up (and arguably more important) NCAA v Alston is also decided and over. Both decided against the NCAA. There are other legal proceedings and some are ongoing. But none of it is going well for the NCAA.

The NCAA didn't lose these cases because it was violating anyone's constitutional rights. It lost because it was found to be violating existing antitrust law, and in Alston this was unanimously affirmed by the US Supreme Court.

As the new bill is not an attempt to modify any existing antitrust law/The Sherman Act, it's not going to change anything. The bill is not going to get passed into law and thus will never get a chance to get struck down in court. Which it would be.

Do you think it is unusual for Congress to make laws without giving the governed a say in them? Yes, we have a say in voting for the members of Congress, but do you think they base decisions on public input or talk among themselves, the experts they choose to interview, and lobbyists?

What specifically was going through your head when you typed this. . . set of words?

 

[Zonadog]

Well this is something, to be sure.



Manchin is garbage too, yes. What does that matter?



O'Bannon versus NCAA is decided and over. The follow up (and arguably more important) NCAA v Alston is also decided and over. Both decided against the NCAA. There are other legal proceedings and some are ongoing. But none of it is going well for the NCAA.

The NCAA didn't lose these cases because it was violating anyone's constitutional rights. It lost because it was found to be violating existing antitrust law, and in Alston this was unanimously affirmed by the US Supreme Court.

As the new bill is not an attempt to modify any existing antitrust law/The Sherman Act, it's not going to change anything. The bill is not going to get passed into law and thus will never get a chance to get struck down in court. Which it would be.



What specifically was going through your head when you typed this. . . set of words?

I was thinking that you would understand the questions and shed some additional light on your position, but evidently not.

 

[Peacedog]

I was thinking that you would understand the questions and shed some additional light on your position, but evidently not.

I explained why the bill was screwed. It can't really get any clearer than that, I think. You don't need to be an expert in antitrust law to understand that attempts to impose restrictions of any kind of the players (or uphold existing ones) are going to keep failing for the same reasons until (1) the NCAA Is granted an anti trust exemption (not happening; the NCAA has been begging for it since the initial O'Bannon verdict and Congress has ignored it completely) or (2) The NCAA recognizes the players as the employees they actually are and then both parties collectively bargain for a new set of rules. Well sorry, also (3) someone puts together changes to antitrust law that somehow help allow the NCAA to do what it has historically done and then this stands up to legal challenges. But that seems even more impossible than getting an exemption.

I mean some of the Bill provisions are things that have already basically fallen in court. The transfer portal now exists specifically because the NCAA violated antitrust law by applying different rules to student-athletes than students, where transfers are concerned. And it's entirely possible (even likely) that the current system could be found to violate antitrust in a court case. It's just nobody has bothered to sue yet because they want another insta-transfer outside of one-time/grad-transfer/coach left. Also that's a sort of insane scenario most kids would never qualify for anyway.

I'm sorry, but some of your questions have no bearing on anything. There's no constitutional issues here. The nature of how legislation is crafted doesn't matter. Manchin being a co author/sponsor of the bill doesn't matter. This being a new law/laws doesn't really matter.

 

[Zonadog]

I explained why the bill was screwed. It can't really get any clearer than that, I think. You don't need to be an expert in antitrust law to understand that attempts to impose restrictions of any kind of the players (or uphold existing ones) are going to keep failing for the same reasons until (1) the NCAA Is granted an anti trust exemption (not happening; the NCAA has been begging for it since the initial O'Bannon verdict and Congress has ignored it completely) or (2) The NCAA recognizes the players as the employees they actually are and then both parties collectively bargain for a new set of rules. Well sorry, also (3) someone puts together changes to antitrust law that somehow help allow the NCAA to do what it has historically done and then this stands up to legal challenges. But that seems even more impossible than getting an exemption.

I mean some of the Bill provisions are things that have already basically fallen in court. The transfer portal now exists specifically because the NCAA violated antitrust law by applying different rules to student-athletes than students, where transfers are concerned. And it's entirely possible (even likely) that the current system could be found to violate antitrust in a court case. It's just nobody has bothered to sue yet because they want another insta-transfer outside of one-time/grad-transfer/coach left. Also that's a sort of insane scenario most kids would never qualify for anyway.

I'm sorry, but some of your questions have no bearing on anything. There's no constitutional issues here. The nature of how legislation is crafted doesn't matter. Manchin being a co author/sponsor of the bill doesn't matter. This being a new law/laws doesn't really matter.

Thanks for taking the time to give a better answer.

I don't think there is a constitutional issue here, unless it has to do with equal protection or something to that effect. I was asking if YOU thought there was a constitutional issue that would prevent a law from taking effect, if passed.

I asked about Manchin because you only mentioned Tuberville, and went on about what a terrible person he was, either in general or for proposing this bill. I didn't know if you were thinking it was all Tuberville's work and Manchin just cosigned to have bipartisan support. Everything I've read says that Manchin's office was actively involved in researching and formulating the bill.

This is one of about a dozen such bills that have been proposed since NIL rights entered the arena. None have gone anywhere, yet. Why would this one be different?

What the NCAA wants is a single national standard to replace state level legislation that varies widely, an anti-trust exemption, and to firm up the concept that college athletes are not employees. "Not one court has ruled that college athletes are statutory employees under the Federal Labor Standards Act, the National Labor Relations Act or any state employment law." Still, new cases keep coming.