College Athletics Branding - Name Image Likeness Rules

[Huntr]

Huskers fans embracing the concept.

 

[INLaw]

C’mon Indiana. Do something.

Syracuse must be thrilled

 

[Bishop2b5]

How, exactly, can NY prevent an organization that a member school has joined voluntarily from enforcing those rules or investigating infractions of those rules when the school has agreed to abide by such as part of their membership? Seems to me that if a NY university wants to be an NCAA school, they have to follow NCAA rules and NY can't prohibit the NCAA from investigation or enforcement of those rules. If they don't want their state school to abide by NCAA rules or be investigated for alleged infractions, their only option is to force said school to withdraw from the NCAA.

 

[Irish#1]

C’mon Indiana. Do something.

I guess we’ll get a chance to see how good the new president of the NCAA is.

 

[NDohio]

How, exactly, can NY prevent an organization that a member school has joined voluntarily from enforcing those rules or investigating infractions of those rules when the school has agreed to abide by such as part of their membership? Seems to me that if a NY university wants to be an NCAA school, they have to follow NCAA rules and NY can't prohibit the NCAA from investigation or enforcement of those rules. If they don't want their state school to abide by NCAA rules or be investigated for alleged infractions, their only option is to force said school to withdraw from the NCAA.

Right. If a state were to say they are not going to enforce HOA rules yet you move into a neighborhood that has an HOA you will still have to follow the HOA rules. This is the same thing. Makes no sense.

 

[SouthSideChiDomer]

How, exactly, can NY prevent an organization that a member school has joined voluntarily from enforcing those rules or investigating infractions of those rules when the school has agreed to abide by such as part of their membership? Seems to me that if a NY university wants to be an NCAA school, they have to follow NCAA rules and NY can't prohibit the NCAA from investigation or enforcement of those rules. If they don't want their state school to abide by NCAA rules or be investigated for alleged infractions, their only option is to force said school to withdraw from the NCAA.

They're just copying Texas in the weirdest political imitation game I've seen in a while. And this is kind of what the NCAA has said to Texas. The NCAA is a voluntary organization that does not have to include Texas schools, or now I guess New York schools, though that second one isn't nearly as consequential.

 

[stlnd01]

They're just copying Texas in the weirdest political imitation game I've seen in a while. And this is kind of what the NCAA has said to Texas. The NCAA is a voluntary organization that does not have to include Texas schools, or now I guess New York schools, though that second one isn't nearly as consequential.

It’s kind of wild how inconsequential the third most populous state is to college sports. You’ve got Syracuse and then… St John’s basketball?

 

[Plankton]

C’mon Indiana. Do something.

At this point in time, NCAA Enforcement is an oxymoron. Like jumbo shrimp.

 

[Bishop2b5]

High school football isn't really a big deal in NY for the most part. I don't know if it's even a thing in NYC. Most athletic kids in NY dream of playing hockey or BB or maybe baseball. You're right, though. Overall, NY is an afterthought when it comes to producing top tier athletes. Just not much focus on it at the HS level like in CA, TX, GA, FL, and most other states.

 

[stlnd01]

High school football isn't really a big deal in NY for the most part. I don't know if it's even a thing in NYC. Most athletic kids in NY dream of playing hockey or BB or maybe baseball. You're right, though. Overall, NY is an afterthought when it comes to producing top tier athletes. Just not much focus on it at the HS level like in CA, TX, GA, FL, and most other states.

I'm not even just talking about football though. Syracuse is a big deal in basketball, obviously, and good at a few other sports (Lacrosse. Maybe soccer?) For all the good basketball players who come out of NYC, you'd think some some other school would be solid there, and St. John's used to be but it has been awhile. A few of the upstate private schools have decent hockey programs but I don't know that you'd call any of them a real power. Is Hofstra good at lacrosse?

I think some of it stems from not having any particular flagship state university the way most states do. They have like 15 SUNY campuses and it's very decentralized. Then you have a bunch of smaller Catholic/private schools scattered across upstate. And of course NYC is a pro sports town.

 

[IrishLax]

Unironically one of the biggest NIL offenders right now is the Syracuse lacrosse coaches who owns a lacrosse apparel/equipment company and sponsors his own players from that company.

 

[Blazers46]

That’s pretty wild. If he were smart, he would sign a 10 year contract with his own apparel company and then take another job somewhere else and do the same thing.

 

[IrishLax]

It’s happening…

 

[Pops Freshenmeyer]

According to The Athletic's piece, there would be the creation of a congressionally formed governing body and it would have subpoena power to enforce rules.

The legislation itself wouldn't change much of the existing rules but it would give an overseeing entity the power to make rules that can actually be enforced.

 

[Irish4life]

It’s happening…

I'd be stunned if SCOTUS allows "prohibits compensation to be used for inducements with recruits and retention of current players" to stand.

 

[Pops Freshenmeyer]

I'd be stunned if SCOTUS allows "prohibits compensation to be used for inducements with recruits and retention of current players" to stand.

If the new body is backed by subsequent, specific federal statute then rules set out in the statute itself wouldn't be subject to the Sherman Act or unreasonable restraint of trade analysis. The major hurdles for the NCAA are the application of older federal laws.

Since the NCAA is a governing body created by the schools, they are subject to that general statute. This is the thorn in the NCAA's side that places limits on its rulemaking abilities. They tried to control TV contracts and coaching salaries and lost in court under the conclusion that these rules restrained trade and that "competitive balance" wasn't a sufficient basis.

Whether the current SCOTUS will opt for an entirely different direction of analysis, I don't know. The most recent NCAA case seemingly upended long precedent on amateurism in college athletics but also did a lot less than people seem to think. It had absolutely nothing to do with transfers or NIL, for example.

 

[IrishLax]

I'd be stunned if SCOTUS allows "prohibits compensation to be used for inducements with recruits and retention of current players" to stand.

Yes, that part needs to be stricken, because it'll also put ND at a disadvantage where other schools are ABSOLUTELY selling NIL because they DGAF about rules.

 

[GATTACA!]

Yes, that part needs to be stricken, because it'll also put ND at a disadvantage where other schools are ABSOLUTELY selling NIL because they DGAF about rules.

Frankly why would any program give a fuck about the rules as they are right now? It’s clear the NCAA can’t enforce them, and even if they could they aren’t going to put 30 teams on probation.

 

[Irish#1]

Frankly why would any program give a fuck about the rules as they are right now? It’s clear the NCAA can’t enforce them, and even if they could they aren’t going to put 30 teams on probation.

2025 NCAA CFB Championship Ball State vs. Coastal Carolina.

 

[SDIrishFan]

I'd be stunned if SCOTUS allows "prohibits compensation to be used for inducements with recruits and retention of current players" to stand.

Isn’t that the part that everyone is mad about? It wasn’t supposed to be a bribery tool for recruits to go to a specific school.

 

[Irish4life]

Isn’t that the part that everyone is mad about? It wasn’t supposed to be a bribery tool for recruits to go to a specific school.

The only reason that ND fans are complaining about it is that ND hasn't started using it for HS recruits (yet).

 

[notredomer23]

 

[Giddyup]

No good can come from the govt getting involved.

 

[IrishLax]

No good can come from the govt getting involved.

Every single professional sports league is regulated by the federal government. Likewise, every single amateur league is regulated by local or federal government. The NIL issues are because of a lack of federal intervention and the NCAA's incompetence.

 

[SDIrishFan]

The 3 years before you can transfer seems like a non-starter in this day in age. Do they make coaches wait 3 years before they can take a new job?

 

[IrishLax]

The "prohibiting inducements" thing is where this is going to go to shit. Because of a bunch of schools will flaunt that rule, and a handful of others will not.

The three years to transfer thing is fine. You can still transfer + sit like the good 'ol days. The portal right now is dumb for all sports but especially revenue sports where opponents are trying to poach your players.

 

[SouthSideChiDomer]

The 3 years before you can transfer seems like a non-starter in this day in age. Do they make coaches wait 3 years before they can take a new job?

I read it as you can transfer after three years and play right away. If you transfer before that, then you could be penalized, which I assume would mean sitting out a year.

I think its basically going back to the old rule, but moving the no sit transfer from grad transfer to after 3rd year.

 

[SouthSideChiDomer]

The "prohibiting inducements" thing is where this is going to go to shit. Because of a bunch of schools will flaunt that rule, and a handful of others will not.

The three years to transfer thing is fine. You can still transfer + sit like the good 'ol days. The portal right now is dumb for all sports but especially revenue sports where opponents are trying to poach your players.

This is where the other proposal that had a body with subpoena power was interesting to me.

 

[Huntr]

 

[irishandy]

Good for him for staying. This sport is becoming too much like a professional sport and I'd like to see the sport keep college aspects apart of it.