Tag Archives: Legal challenges to NCAA rules

Red State on how College Athletes are denied their compensation rights…

It’s Time to End the NCAA’s Corrupt Exploitation of Athletes

By: Leon H. Wolf (Diary)  @ Red State

The Ninth Circuit issued a split-the-baby ruling yesterday in former UCLA athlete Ed O’Bannon’s ongoing antitrust litigation against the NCAA. Like most split-the-baby rulings, it left neither side happy and wasn’t particularly well grounded in law. Essentially, the ruling included two orders that were “favorable” to the plaintiffs, declaring that: a) The NCAA could no longer prohibit member schools from giving athletes full scholarships that truly cover the cost of tuition including incidentals like textbooks and b) that NCAA athletes must be allowed to earn up to $5000 in “names, images and licensing” (NIL) payments, deferred to the time that they leave school.

The first order makes good, common sense and I have no fundamental problem with it. The second, however, is nonsensical on its face. If, as the Ninth Circuit found (and I agree) the NCAA’s amatuerism rules with respect to players’ NIL rights are an unreasonable restraint on trade, then what is the possible logical basis for capping those payments at $5,000 and requiring that they be deferred until after graduation?

This has always been the portion of the NCAA’s regime that has bothered me the most. I am at least partially sympathetic to the NCAA’s plea that it shouldn’t allow its member schools to pay athletes outright. The standard argument about the amount of money these programs make tends to view the sports in isolation – sure, football and men’s basketball viewed in isolation are revenue generation machines.

But the problem is that NCAA’s member schools are basically required – by law (thanks, Congress!) to have football and men’s basketball subsidize a bunch of women’s sports that no one wants to watch. As a result, this idea that college football players have that they should be paid a share of football revenue commensurate with their professional counterparts isn’t really sustainable fiscally – even if football, men’s basketball and baseball really do function as de facto minor leagues, and even if I think they should be paid something…..

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Judge rules College sport players have the right to get paid…..

This was a action long time coming folks….

Big time colleges and universities make MILLIONS off of their ‘students’…..

The NCAA has since back in the day looked at these money makers as simply students….

Of course that isn’t completely true…

While they might be going to class to earn a degree (The majority don’t actually leave with one)..

Their actions playing DO make money for their schools….

With Congress on their case and the media spotlight …..The NCAA has already begun to drop it’s rules against college athletes getting a piece of the pie….

Now a judge has pushed the movement to correct an imbalance even more….

In a decision that could drastically reshape the world of college sports, a federal judge ruled on Friday that the N.C.A.A.’s decades-old rules barring payments to college athletes were in violation of antitrust laws.

In a 99-page ruling, Judge Claudia Wilken of United States District Court in Oakland, Calif., delivered a resounding rebuke to the foundation of the N.C.A.A., issuing an injunction against current rules that prohibit athletes from earning money from the use of their names and images in video games and television broadcasts.

The decision in the so-called O’Bannon case would allow universities to offer football players in the top 10 conferences and all Division I men’s basketball players trust funds that can be tapped after graduation, giving players a chance to share in the billions of dollars in television revenue they help generate for their colleges and the N.C.A.A

The ruling, which would take effect in 2016, does not mandate that players be paid. But it could allow universities to engage in bidding wars for the best athletes, though the N.C.A.A. would probably try to prevent that by capping payments, which Judge Wilken said was permissible.

But she said she fully expected the universities to shoulder the additional costs…..

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Note….

The ruling ONLY applies to Mens’ Football and Basketball in the top schools ,starting 2016….

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Moves develop to cut back NCAA limits on student athletes….

The stiff rules from the NCAA on college athletes ability to accept money and favors while they played for colleges that reaped MILLIONS of dollars from their service are beginning to go away….

There is movement out there to let colleges make the rules on their athletes conduct off the field….

There has been age old discussion of money making of those ‘students’ verses that money making of their schools….

Under prodding and threats from the nation’s Congress and possible legal fights,  the NCAA has loosen it’s strings….

Leaders of the multibillion-dollar college sports industry, under increasing legal scrutiny over the rights of student-athletes, have begun rolling back some of the most contentious policies regarding amateurism.

Indiana University announced a bill of rights for athletes last month, promising free tuition for life rather than the customary one-year scholarship guarantee. Southern California said it would guarantee four-year scholarships. University presidents in the Big Ten and Pacific-12 Conferences wrote public letters advocating guaranteed four-year scholarships, improved medical coverage and more financial support for athletes.

In the most significant move yet, the N.C.A.A. decided last week not to ask athletes to sign a statement authorizing the N.C.A.A. and other groups to use their names and likenesses for promotional purposes. The change ended a much-criticized practice that pressured athletes to give the N.C.A.A. permission to profit from their popularity with no compensation.

Senate Committee Presses N.C.A.A., Signaling Interest in Direction of College SportsJULY 9, 2014

“It would be silly to suggest this isn’t a product of the overall environment of people looking more closely at the benefits for student-athletes,” said Fred Glass, Indiana’s athletic director.

These shifts are happening at a time of growing unrest in college sports over what critics say is exploitation of athletes. Several lawsuits are challenging the collegiate model, and some athletes have moved to unionize.

The changes may leave athletes better protected and more empowered — and the universities less vulnerable to future lawsuits — no matter how the courts rule on the lawsuits regarding the status of student-athletes.

“There are smart people running college sports, and they know the old arguments about education, welfare, future do not hold water anymore,”

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