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re: For you Rant lawyers out there about the proposed new NIL rules

Posted on 5/7/22 at 4:42 pm to
Posted by Barbellthor
Columbia
Member since Aug 2015
10672 posts
Posted on 5/7/22 at 4:42 pm to
1. NCAA rules are not laws so ex post facto probably doesn't apply
2. That'll be $200.00 for my time.
Posted by GetmorewithLes
UK Basketball Fan
Member since Jan 2011
22106 posts
Posted on 5/7/22 at 4:57 pm to
I think the bigger issue is that many schools abused the guideance "rules." The NCAA may not hold the player or punish him but they can put heat on the institution in some form if they are found to be institutionally out of control.
Posted by GetmorewithLes
UK Basketball Fan
Member since Jan 2011
22106 posts
Posted on 5/7/22 at 5:04 pm to
quote:

That is too simplistic. New laws cannot retroactively invalidate vested legal rights. The prescriptive period cannot be shortened without adequate time for an opportunity to file a claim for those claims that would be barred without a reasonable time to file under the new statute. It’s a fairly complex area. Some laws can be retroactive, but others may not. The lines aren’t always clear. But, yes, the legislation has to be clear when it is intended to be retroactive.


You missed this as bad as a Steve Carlton slow curve.

The laws apply to the athletes. The NCAA rules apply to the institution. If the NCAA does not touch the athletes then no harm.

The NCAA could put the institution on probation, issue post season ban, and/or restrict scholarships. Non of this touches the athlete directly.

Saban hates NIL. Dont think he is not coaching Emmert on how to deal with this.
Posted by abellsujr
Member since Apr 2014
37765 posts
Posted on 5/7/22 at 5:08 pm to
quote:

Here there were no vested rights. Aggies broke rules already on the books.
You post about the aggies in every thread but fail to respond about the fact that these penalties could apply to other schools.

Are you suggesting that the aggies will be the only ones punished? If so, why? What makes you think the aggies will be the only ones targeted?

You think the NCAA is going to look the other way for us? Since when has that been a thing?
Posted by tenderfoot tigah
Red Stick
Member since Sep 2004
11456 posts
Posted on 5/7/22 at 5:35 pm to
quote:

I prefer Dudley DeBosier. They’re the official injury lawyers of the LSU Tigers.


Dudley can call himself whatever he wants. Gordon will get a call from me if I need an attorney. Gordon has earned it.
Posted by Tigerpride18
Lakewood Colorado
Member since Sep 2017
31922 posts
Posted on 5/7/22 at 5:41 pm to
quote:

Lawyer here


I knew it wouldn’t take long
Posted by tigerinridgeland
Mississippi
Member since Aug 2006
7700 posts
Posted on 5/7/22 at 5:48 pm to
I commented in response to a post
about ex post facto laws and retroactive laws, not about the NCAA as such. Read the comment carefully. I didn’t discuss the NCAA. The potential issue with retroactive changes in the NCAA would involve different issues, like potentially whether there are contract rules between institutions and the NCAA as to retroactive enforcement of new rules. I don’t offer an opinion on that.
Posted by LSUStar
Medellin
Member since Sep 2009
11405 posts
Posted on 5/7/22 at 6:28 pm to
No. There would be no basis as there was no violation when the deal was made. As a practical matter with NIL the NCAA has very little leverage as the agreements undertaken are outside the scope and purview of the respective schools?
Posted by deuce985
Member since Feb 2008
27660 posts
Posted on 5/7/22 at 8:58 pm to
This is why we all laugh at TAMU. I don't think anything happens to them but this is why they're so irrelevant. They have money like new white trash money and then think they can buy a championship like LSU/Bama skirting what they thought were grey area rules like Saban does. Classic TAMU incompetence.
Posted by BillF
New York, New York
Member since Jan 2006
5792 posts
Posted on 5/7/22 at 9:30 pm to
To be honest, this whole discussion is probably much ado about nothing. I don't see the NCAA coming up with any new NIL guidelines, certainly not now.

What I do see them doing is just reiterating that boosters are forbidden to pay players to play for their schools, even when they wrap it up in a catchy little term like "collective."

In other words, they're going to tell schools, "the regulations regarding boosters and payments already exist, and those of you who have tried to skirt the rules under the guise of NIL will be subject to punishment."

Now, whether the NCAA actually has the teeth to follow through is another matter, but I don't see them introducing new NIL regulations any time soon, since the regulations did nothing to alter the booster/athlete relationship. Enforcement is the steep hill to climb, though.
Posted by jbraua
Oklahoma City, OK
Member since Oct 2007
7613 posts
Posted on 5/8/22 at 11:38 pm to
quote:

You post about the aggies in every thread but fail to respond about the fact that these penalties could apply to other schools.


Well there are only two threads in this topic I have posted in: this one and the one I started. Yes the penalties will apply to all schools, but let’s be clear: no one has been as egregious as A&M. They jumped the start line with NIL and everyone else was left half scratching their head and half trying to catch up. The enforcement is being provoked by all of the other power 5 ADs/Presidents—all with an eye on Texas A&M.
Posted by abellsujr
Member since Apr 2014
37765 posts
Posted on 5/9/22 at 6:48 am to
quote:

Yes the penalties will apply to all schools
aTm has been the most egregious, but you can’t be sure they’ll be the only ones the NCAA goes after. I’m just saying be careful what you wish for.

So be happy about this if you want, but don’t act like you know what the NCAA is going to do.
Posted by rar
Member since Dec 2020
359 posts
Posted on 5/9/22 at 3:37 pm to
All this NIL bull was predictable....including A&M acting
inappropriately....if your surprised you need an IQ test.

NIL violations shud and likely will directly impact the players involved...under the heading of they should have known....for all you who supported this idea you are watching the real end of college sports. Wait until you hear about the dissension on teams because of percieved unfairness....
Posted by rar
Member since Dec 2020
359 posts
Posted on 5/9/22 at 3:44 pm to
All this NIL bull was predictable....including A&M acting
inappropriately....if your surprised you need an IQ test.

NIL violations shud and likely will directly impact the players involved...under the heading of they should have known....for all you who supported this idea you are watching the real end of college sports. Wait until you hear about the dissension on teams because of percieved unfairness....
Posted by BillF
New York, New York
Member since Jan 2006
5792 posts
Posted on 5/9/22 at 4:34 pm to
quote:

if your surprised you need an IQ test.

Irony?
Posted by Todd515151
Shreveport, LA
Member since Dec 2004
715 posts
Posted on 5/9/22 at 4:57 pm to
The constitution does not apply to the NCAA, because it is a private, voluntary entity. (The U.S. Supreme Court held this in the Tarkanian lawsuit against the NCAA.) So, yes, the NCAA can make and apply retroactive rules.
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