So I didn't know until recently that the NIL laws of all 11 12 SEC states (and at least a couple of other states) prohibit in-state schools from paying current athletes for the use of their NIL. (No doubt because the DI schools in those states lobbied for it.) Does that mean our schools definitely cannot share TV revenue with the athletes? You know, what with the schools > conferences > broadcasters owning the right to live broadcast the images of the athletes and not the athletes themselves...

If so, what would happen to those state law provisions if the courts were to some day prohibit inter-conference or intra-conference caps on non-education related pay, including or only relating to NIL? Would they stand, or would they be nullified?

What I'm really wondering is -- in the event that SEC schools and their states refuse to budge on this matter, are Congress and FLSA employee cases like Johnson the only avenues available to SEC athletes who hope for greater pay? I suppose the athletes could challenge the constitutionality of those laws but then a lot of states have purposely left out mentionings of "conferences" and "athletics associations" to avoid the dormant commerce clause.

I should add that, IIRC, some or all of the SEC state NIL laws distinguish GIA from "pay" or "compensation" relating to athletes' NIL, meaning that the schools undeniably can continue using TV revenue to fund GIA even if they can't use it to fund salaries or other non-education related pay to athletes.

I guess all the SEC intends to do moving forward -- whether through greater autonomy within the NCAA or by breaking away with other conferences -- is to have the schools use their increased TV revenue to fund additional scholarships / sports and to continue fighting to keep the lid on full, admitted professionalism.

I'd appreciate input from anyone who has answers to these questions. Opinions and speculation are also welcome. Thanks!

(07-21-2021 11:19 PM)chester Wrote:  So I didn't know until recently that the NIL laws of all 11 12 SEC states (and at least a couple of other states) prohibit in-state schools from paying current athletes for the use of their NIL. (No doubt because the DI schools in those states lobbied for it.) Does that mean our schools definitely cannot share TV revenue with the athletes? You know, what with the schools > conferences > broadcasters owning the right to live broadcast the images of the athletes and not the athletes themselves...

If so, what would happen to those state law provisions if the courts were to some day prohibit inter-conference or intra-conference caps on non-education related pay, including or only relating to NIL? Would they stand, or would they be nullified?

What I'm really wondering is -- in the event that SEC schools and their states refuse to budge on this matter, are Congress and FLSA employee cases like Johnson the only avenues available to SEC athletes who hope for greater pay? I suppose the athletes could challenge the constitutionality of those laws but then a lot of states have purposely left out mentionings of "conferences" and "athletics associations" to avoid the dormant commerce clause.

I should add that, IIRC, some or all of the SEC state NIL laws distinguish GIA from "pay" or "compensation" relating to athletes' NIL, meaning that the schools undeniably can continue using TV revenue to fund GIA even if they can't use it to fund salaries or other non-education related pay to athletes.

I guess all the SEC intends to do moving forward -- whether through greater autonomy within the NCAA or by breaking away with other conferences -- is to have the schools use their increased TV revenue to fund additional scholarships / sports and to continue fighting to keep the lid on full, admitted professionalism.

I'd appreciate input from anyone who has answers to these questions. Opinions and speculation are also welcome. Thanks!

SCOTUS is set to rule on stipend caps next summer. I think everything is amended after that and that some schools in 3 or 4 P conferences will opt out. I believe at that point the remaining schools are all in knowing full well the terms.

(07-21-2021 11:45 PM)JRsec Wrote:  SCOTUS is set to rule on stipend caps next summer. I think everything is amended after that and that some schools in 3 or 4 P conferences will opt out. I believe at that point the remaining schools are all in knowing full well the terms.

I'm missing something. COA stipends?

(07-22-2021 12:45 AM)chester Wrote:  

(07-21-2021 11:45 PM)JRsec Wrote:  SCOTUS is set to rule on stipend caps next summer. I think everything is amended after that and that some schools in 3 or 4 P conferences will opt out. I believe at that point the remaining schools are all in knowing full well the terms.

I'm missing something. COA stipends?

There is a case objecting to caps being set on stipends to athletes which seeks an open market on what can be offered. It's supposedly on the docket of SCOTUS next Summer. If caps are ruled against it will address the issue you raised, create an open market, officially end amateurism and ween out schools who can't afford to go that route in athletics. E.g. perhaps Wake, Vandy, & B.C. among others.

(07-22-2021 12:58 AM)JRsec Wrote:  

(07-22-2021 12:45 AM)chester Wrote:  

(07-21-2021 11:45 PM)JRsec Wrote:  SCOTUS is set to rule on stipend caps next summer. I think everything is amended after that and that some schools in 3 or 4 P conferences will opt out. I believe at that point the remaining schools are all in knowing full well the terms.

I'm missing something. COA stipends?

There is a case objecting to caps being set on stipends to athletes which seeks an open market on what can be offered. It's supposedly on the docket of SCOTUS next Summer. If caps are ruled against it will address the issue you raised, create an open market, officially end amateurism and ween out schools who can't afford to go that route in athletics. E.g. perhaps Wake, Vandy, & B.C. among others.

Hmm, haven't heard that. You might have come across some faulty info, dunno. The Alston plaintiffs had wanted the lower courts to enjoin the NCAA's limits on non-education related pay, but they decided to give up that particular fight after losing it in the district and circuit courts. One of their lead attorneys has since said he might amend the complaint in his new, NIL related case, House, to pick up that fight again. Unfortunately, it will be a few years before it goes to trial.

Anyway, one case or another could bring about those stipends and I hope you're right about what happens after

Not to get too political but apparently there is every reason to believe that the NLRB under the current administration will assert jurisdiction when prompted and find that scholarship players at private schools, at least, are employees with the right to organize.

See the last few minutes of this webinar:
https://vimeo.com/580866663/f3a17bf74a

or for more detail the first 15 min of this one:
https://vimeo.com/580865689/88b75668fb

Quote:The Northwestern decision is going by the wayside.

What will happen if a union pops up at Vanderbilt and the "College Athlete Right to Organize Act" has not passed? Will the SEC support that bill?

(08-01-2021 10:04 PM)chester Wrote:  Not to get too political but apparently there is every reason to believe that the NLRB under the current administration will assert jurisdiction when prompted and find that scholarship players at private schools, at least, are employees with the right to organize.

See the last few minutes of this webinar:
https://vimeo.com/580866663/f3a17bf74a

or for more detail the first 15 min of this one:
https://vimeo.com/580865689/88b75668fb

Quote:The Northwestern decision is going by the wayside.

What will happen if a union pops up at Vanderbilt and the "College Athlete Right to Organize Act" has not passed? Will the SEC support that bill?

Yet, another reason Vandy may just pack it in on football. Hoops that might get organized, we'll see.

(08-01-2021 11:08 PM)JRsec Wrote:  

(08-01-2021 10:04 PM)chester Wrote:  Not to get too political but apparently there is every reason to believe that the NLRB under the current administration will assert jurisdiction when prompted and find that scholarship players at private schools, at least, are employees with the right to organize.

See the last few minutes of this webinar:
https://vimeo.com/580866663/f3a17bf74a

or for more detail the first 15 min of this one:
https://vimeo.com/580865689/88b75668fb

Quote:The Northwestern decision is going by the wayside.

What will happen if a union pops up at Vanderbilt and the "College Athlete Right to Organize Act" has not passed? Will the SEC support that bill?

Yet, another reason Vandy may just pack it in on football. Hoops that might get organized, we'll see.

Those seminars are meant for school councel.. So on further thought the schools must know it's just a matter of time. If organizers make their move soon then the schools might want Congress to pass that bill in time for the NCAA's big vote at the January convention.

I don't know about Vandy football, but the spectre of paid Notre Dame players should spook like no other.