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Bad Leonard

I've said it before and I'll say it again, direct payment from universities to student athletes will destroy US higher education as we know it.
There are approximately 3,600 public and private universities with probably less than 5% actually making money off of athletics and it'll bring the whole system down? Why wouldn't it just lead to a separation of the programs that can and are willing to pay and the programs that drop back into a traditional student/athlete relationship like the majority of universities already are?
 
I don’t think Hamilton can be on the hook. Assuming there is an agreement of a payment from the coach or by the school, both parties were or should have been aware that such deals are impermissible. Courts don’t enforce impermissible contracts.
“Judge, I gave him the cocaine/stolen property, etc., but he didn’t pay me.”
“ Judge, I gave the professor money for an A, but still got a C.”
This was my comment above that FSU has some defenses but they make it worse for them. Do they really want to make that argumetn -- our coach was making unlawful deals to recruit players? The players will get paid and the suit discontinued. Horrible press for FSU.
 
something something verbal contract something something
Yeah, ive heard of verbal contract however its still harder to prove in he said/he said as opposed to having it in writing, which is a common phrase for entering into evidence or discovery.
 
THIS. 1000x THIS.

People keep talking about NIL like it’s a salary / compensation from the schools/programs.

It is NOT.
And per the ruling, it cannot be.

NIL IS NOT ‘PAY FOR PLAY’.


It is an endorsement deal.

People keep referring to all the professional sports and their collective bargaining and salary caps and whatnot,
which ALL pertain to player salaries.

There is no such thing, nor will there ever be, a cap on individual player endorsement deals.

So, until and unless the NCAA ever works out how to have programs directly pay athletes, and not have it completely destroy higher education in the process
(Spoiler - it will.)
there won’t be any collective bargaining/salary caps/yada yada yada for player comp.

And even then - there still won’t be any cap or regulation on NIL.
Because it is an endorsement deal.


So boosters will still throw $ around to get the best players they can for their teams via NIL.
It is not in it's design pay for play, but it is being used that way. That's the dirty thing about it. It quickly morphed into what it was never supposed to be. Many guys are not being payed to sign autographs, make appearances, film commercials, appear in print ads etc. They're being told, "Come play here you'll be payed this much." That's all that's required. It's like if I give my wife a "gift" by buying the car I want. I can call it whatever I want, but she and everyone else knows it was never a gift to her.
 
I don’t think Hamilton can be on the hook. Assuming there is an agreement of a payment from the coach or by the school, both parties were or should have been aware that such deals are impermissible. Courts don’t enforce impermissible contracts.
“Judge, I gave him the cocaine/stolen property, etc., but he didn’t pay me.”
“ Judge, I gave the professor money for an A, but still got a C.”

I know this stuff changes fast and is hard to keep up with, but ironically, what judges have so far found impermissible was the NCAA's ban on using NIL for recruiting:
Judge grants preliminary injunction over NIL rules
 
THIS. 1000x THIS.

People keep talking about NIL like it’s a salary / compensation from the schools/programs.

It is NOT.
And per the ruling, it cannot be.

NIL IS NOT ‘PAY FOR PLAY’.


It is an endorsement deal.

People keep referring to all the professional sports and their collective bargaining and salary caps and whatnot,
which ALL pertain to player salaries.

There is no such thing, nor will there ever be, a cap on individual player endorsement deals.

So, until and unless the NCAA ever works out how to have programs directly pay athletes, and not have it completely destroy higher education in the process
(Spoiler - it will.)
there won’t be any collective bargaining/salary caps/yada yada yada for player comp.

And even then - there still won’t be any cap or regulation on NIL.
Because it is an endorsement deal.


So boosters will still throw $ around to get the best players they can for their teams via NIL.

All true, but the NCAA has managed to craft an environment that makes using it as a backdoor for salaries inevitable.

I think we should investigate them for eight years, determine that they lack institutional control, and vacate all their wins.
 

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