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NCAA NIL Investigation

Canesfan1899 said:
How does Emmert have a leg to stand on when he stated it's up to the states to regulate NIL.?
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I dont know the ins and outs of it however if you ask me (which no one has..LOL) I would say he is grasping at straws because he knows that the NCAA powers are going to be very limited in what they can do now that this NIL stuff has passed, seems to me that if the States can regulate what is or isn't NIL worthy there will be no need for the NCAA, In short Emmert is a whining little kid who just had his favorite toy taken away.
 
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That we’re not talking about Ole Miss getting hammered for the sins of Bama and UGA shows that Kiffin really has done a great job there.
 
Canesfan1899 said:
How does Emmert have a leg to stand on when he stated it's up to the states to regulate NIL.?
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He's got a leg.

Remember, there are still issues involving the schools (schools can't set these deals up) and "sham transactions" (you can't overpay way beyond fair market value and you can't have the kid do, essentially, nothing to get the money).

I realize we have a bunch of newly-minted-legal-experts trying to tell us that the NCAA has "no power" to do anything, but that is not true.

Any violations along the lines of "school sets it up" and "sham transactions" can be contextualized under the "PAY FOR PLAY" concept. And, yes Virginia, the NCAA still has the power to regulate that.

Unless, of course, we all want to go down the pathway of "athletes are employees". And the NCAA sure as **** doesn't want to do that.
 
RealRussellPumps said:
Looks Like UF, A&M and OU are among the first to be investigated for NIL rule breaking 👀. Color me shocked that A&M is included, I figured they were being totally above board with the insane class they are putting together.

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OU is basically SEC now (just not official). Have to knock them down a bit so Bama can flourish.
 
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Munderwood said:
I dont know the ins and outs of it however if you ask me (which no one has..LOL) I would say he is grasping at straws because he knows that the NCAA powers are going to be very limited in what they can do now that this NIL stuff has passed, seems to me that if the States can regulate what is or isn't NIL worthy there will be no need for the NCAA, In short Emmert is a whining little kid who just had his favorite toy taken away.
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I agree with you but Emmert gave away the power. Guy is a joke.
 
TheOriginalCane said:
He's got a leg.

Remember, there are still issues involving the schools (schools can't set these deals up) and "sham transactions" (you can't overpay way beyond fair market value and you can't have the kid do, essentially, nothing to get the money).

I realize we have a bunch of newly-minted-legal-experts trying to tell us that the NCAA has "no power" to do anything, but that is not true.

Any violations along the lines of "school sets it up" and "sham transactions" can be contextualized under the "PAY FOR PLAY" concept. And, yes Virginia, the NCAA still has the power to regulate that.

Unless, of course, we all want to go down the pathway of "athletes are employees". And the NCAA sure as **** doesn't want to do that.
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How do you "over pay" or for that matter "under pay" for a likeness? Alabama players getting paid mad money out the gate, how are they not being "over paid"?
 
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Munderwood said:
I dont know the ins and outs of it however if you ask me (which no one has..LOL) I would say he is grasping at straws because he knows that the NCAA powers are going to be very limited in what they can do now that this NIL stuff has passed, seems to me that if the States can regulate what is or isn't NIL worthy there will be no need for the NCAA, In short Emmert is a whining little kid who just had his favorite toy taken away.
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Agreed. Most of these State lawmakers are big time supporters of these schools. They can craft any legislation to help schools skate.
NCAA is powerless... schools can sue in state courts and nothing NCAA can do. Emmert and his lackeys can yelp like a kicked hound all they want..
 
mjl7atlas said:
How do you "over pay" or for that matter "under pay" for a likeness? Alabama players getting paid mad money out the gate, how are they not being "over paid"?
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That's what forensic accounting is all about.

Depends on the measurement, depends on the situation, but you use "comparatives". If a kid is selling his NIL as an influencer, you look at the number of followers, and you compare the value of the contract to what other influencers with similar numbers of followers are getting.

Everything depends on the facts and circumstances of the contractual agreement. What is the company paying for? Is that comparable to what you would pay for those services, and comparable to the "market".

I mean, this is not a criticism of what you are saying or asking, so just hear me out. When you ask an open-ended question like "how do you overpay or underpay", that is a fair question if you have never encountered that situation previously. But there's a lot of procedure and caselaw and methodology out there in the world that addresses this question in other contexts. NIL may be new, but the concept of valuation is not new.
 
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