NCAA threatens to boot the whole state of California if bill becomes law

[NKR1978]

I'm not alone.

Pew Survey: 17% trust Government to do the right thing some or all of the time.

Gallop Poll: 11% trust Congress to do the right thing.

This is going to be a fiasco. Grandstanding politicians and legal struggles. Let's hope the NCAA prevails. They are the lesser of two evils in this.

Why is the legislation bad?

 

[Oakland]

So one can avoid any state law by having a contract?

The NCAA is the private organization. The State of California, by enacting this law, is telling the NCAA that they can't punish any players or schools for allowing the players to receive money for endorsements or use of their likeness, etc. They way it could be argued by the NCAA - By being members, the schools have entered into a contract with the NCAA that they won't allow the payments and the State is interfering with that contract by saying that the players can get money. This type of state action was barred in 1819 by the Supreme Court's decision in Trustees of Dartmouth College v. Woodward., based on the contracts clause of the Constitution (Article 1, Section 10, clause 1), "No State shall ... pass any ... Law impairing the Obligation of Contracts ..." Daniel Webster, an alum, represented Dartmouth.

The law should be thrown out on its face, without arguments or briefs.

 

[FloridaFan]

The modern football system will be gone in 4 years. 20 schools tops will grab 95 percent of all top 500 players and other teams will go all in to “buy the rights” of 1-2 players.

 

[SUbear]

The NCAA is the private organization. The State of California, by enacting this law, is telling the NCAA that they can't punish any players or schools for allowing the players to receive money for endorsements or use of their likeness, etc. They way it could be argued by the NCAA - By being members, the schools have entered into a contract with the NCAA that they won't allow the payments and the State is interfering with that contract by saying that the players can get money. This type of state action was barred in 1819 by the Supreme Court's decision in Trustees of Dartmouth College v. Woodward., based on the contracts clause of the Constitution (Article 1, Section 10, clause 1), "No State shall ... pass any ... Law impairing the Obligation of Contracts ..." Daniel Webster, an alum, represented Dartmouth.

The law should be thrown out on its face, without arguments or briefs.

Perhaps the interstate commerce clause could also be violated by this law, you know the one that says no state shall make a law interfering with interstate commerce, and I think it could be argued that this law does that.

 

[SUbear]

So one can avoid any state law by having a contract?

I believe this applies to interstate contracts. not intrastate contracts, so yes and no. Because the NCAA is an interstate organization and its sports are an interstate endeavor(commerce). It should not be subject to any single state law. A federal law should be required to affect this change.

 

[Hoo's That]

So one can avoid any state law by having a contract?

Just the ones that try to change the terms, obligations, etc., of the contract.

 

[Cusefan0307]

If you support the NCAA on this you may as well support communism.

 

[Hoo's That]

Many schools do, including most of our State colleges here in NYS. That's where gym teachers come from.

Back in the day, it was hard to find a HS that didn't have at least one gym teacher who went to Cortland.

 

[Hoo's That]

If you support the NCAA on this you may as well support communism.

Yeah, and ...

 

[SUbear]

If you support the NCAA on this you may as well support communism.

Hyperbole.

 

[Cusefan0307]

Hyperbole.

Kids on the field hockey team aren’t even allowed to have jobs at Wegmans FFS. Ridiculous.

Yet Duke Boosters can cheat to get 5 star basketball talent.

 

[rrlbees]

If you support the NCAA on this you may as well support communism.

SU is a communist school? Who knew?

 

[Cusefan0307]

SU is a communist school? Who knew?

I’m not talking about SU. I’m talking about individuals. A lot of free market people sound stupid when speaking about this.

 

[rrlbees]

I’m not talking about SU. I’m talking about individuals. A lot of free market people sound stupid when speaking about this.

You said supporting the ncaa is like supporting communism. So the ncaa must be communist?

 

[Cusefan0307]

You said supporting the ncaa is like supporting communism. So the ncaa must be communist?

May as well be.

 

[HtownOrange]

Maybe. Maybe not.

Examining the Broader Fallout After the Historic Grant-in-Aid Cap Ruling Against the NCAA

Taking a look at the potential legal fallout from U.S. District Judge Claudia Wilken’s historic ruling and what it would mean for subjects such as Title IX, tax law, immigration law and sports betting law.

www.google.com

The article is pie in the sky, not really based in legal analysis with a pro-payment slant. While I agree that players should be able to earn money, that is my opinion, not legal analysis. The reality is that one law cannot force a person to break another law. Though the writer tries to make a point, he fails to make a substantive point when addressing conflicting laws; stealing to pay bills does not involve conflicting laws. Juxtaposed with Title IX mandating equal treatment and this ruling.

The concept that an advisory opinion is going to let schools pay more to male athletes in a time when women are closing the payroll gap but still behind is not going to fly politically. Such an opinion would all but force Congress to "fix" the system.

 

[Scooch]

You said supporting the ncaa is like supporting communism. So the ncaa must be communist?

A cartel. The NCAA is a cartel. Like Pablo Escobar’s.

 

[Townie72]

Why is the legislation bad?

It’s likely not something the State has the ability to do. See Hoo’s That’s analysis of it.

It’s probably political grandstanding by politicians (lawyers) that don’t have the foggiest idea of how this complicated market operates. And they don’t care. That’s someone else’s problem.

If the States and the Federal Government start legislating in this area, it will almost certainly screw things up. The NCAA has struggled to maintain a balance and have restrained the larger schools (e.g. 85 total football scholarships)

As Boeheim points out, players now get significant support. The whole idea behind this is that the schools make a lot of money without mentioning how that money is spent.

 

[Townie72]

If you support the NCAA on this you may as well support communism.

Imagine if the State came to your business and told you this is what you must pay your employees.

Or here are the terms of your employment contracts.

The NCAA is a voluntary association of colleges and universities that have decided to have a contractual relationship that allows and prohibits behavior.

Communism failed because they tried to do too many things centrally. It doesn’t work.

 

[Cusefan0307]

It’s likely not something the State has the ability to do. See Hoo’s That’s analysis of it.

It’s probably political grandstanding by politicians (lawyers) that don’t have the foggiest idea of how this complicated market operates. And they don’t care. That’s someone else’s problem.

If the States and the Federal Government start legislating in this area, it will almost certainly screw things up. The NCAA has struggled to maintain a balance and have restrained the larger schools (e.g. 85 total football scholarships)

As Boeheim points out, players now get significant support. The whole idea behind this is that the schools make a lot of money without mentioning how that money is spent.

Give me a break. Slavery used to be legal too. You can’t stop people from making money. It’s anti American.

 

[Cusefan0307]

Imagine if the State came to your business and told you this is what you must pay your employees.

Or here are the terms of your employment contracts.

The NCAA is a voluntary association of colleges and universities that have decided to have a contractual relationship that allows and prohibits behavior.

Communism failed because they tried to do too many things centrally. It doesn’t work.

You don’t get it.

Nobody is telling the schools what they have to pay. Read the bill.

It’s people being able to have jobs on the side and making money off their likeness. Zero to do with the schools.

Right now this is like telling high school students they can’t work at McDonalds.

 

[Townie72]

Give me a break. Slavery used to be legal too. You can’t stop people from making money. It’s anti American.

Oh yes you can stop people from making money.

If this goofy idea were to become law, what’s to say that the school can’t say, “Anyone who takes a dime of that money, loses their scholarship and is off the team”. There’s no right to a scholarship or a position on the team that I know of.

 

[Cusefan0307]

Oh yes you can stop people from making money.

If this goofy idea were to become law, what’s to say that the school can’t say, “Anyone who takes a dime of that money, loses their scholarship and is off the team”. There’s no right to a scholarship or a position on the team that I know of.

If they do that they are stupid.

There’s zero reason why a kid shouldn’t be able to work somewhere for money.

When I was in college i worked 3 jobs to support myself.

If a field hockey player does that they are ineligible.

Communist mentality.

 

[rrlbees]

May as well be.

Then that means all the member schools are communist.

 

[CousCuse]

California is the PAC10. I see this as a Hail Mary by the PAC10 to stave off becoming irrelevant. They feel like they can outbid most of the other conferences for the top talent with all that tech and Hollywood money.