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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 Gray Tiger
Posted on 5/7/22 at 4:42 pm to Gray Tiger
1. NCAA rules are not laws so ex post facto probably doesn't apply
2. That'll be $200.00 for my time.
2. That'll be $200.00 for my time.
Posted on 5/7/22 at 4:57 pm to Gray Tiger
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 on 5/7/22 at 5:04 pm to tigerinridgeland
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 on 5/7/22 at 5:08 pm to jbraua
quote:You post about the aggies in every thread but fail to respond about the fact that these penalties could apply to other schools.
Here there were no vested rights. Aggies broke rules already on the books.
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 on 5/7/22 at 5:35 pm to S
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 on 5/7/22 at 5:41 pm to jbraua
quote:
Lawyer here
I knew it wouldn’t take long
Posted on 5/7/22 at 5:48 pm to GetmorewithLes
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.
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 on 5/7/22 at 6:28 pm to Gray Tiger
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 on 5/7/22 at 8:58 pm to jbraua
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 on 5/7/22 at 9:30 pm to Gray Tiger
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.
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 on 5/8/22 at 11:38 pm to abellsujr
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 on 5/9/22 at 6:48 am to jbraua
quote: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.
Yes the penalties will apply to all schools
So be happy about this if you want, but don’t act like you know what the NCAA is going to do.
Posted on 5/9/22 at 3:37 pm to jbraua
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....
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 on 5/9/22 at 3:44 pm to jbraua
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....
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 on 5/9/22 at 4:34 pm to rar
quote:
if your surprised you need an IQ test.
Irony?
Posted on 5/9/22 at 4:57 pm to Gray Tiger
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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