Home https://server7.kproxy.com/servlet/redirect.srv/sruj/smyrwpoii/p2/ Sport https://server7.kproxy.com/servlet/redirect.srv/sruj/smyrwpoii/p2/ Despair sets in for the NCAA as Congress seems to be moving slowly in name, image and likeness

Despair sets in for the NCAA as Congress seems to be moving slowly in name, image and likeness

Three weeks before the rights to name, image and likeness begin in one way or another for college athletes, despair ensues. That was the main message on Wednesday from the US Senate hearing on NIL.

After years of controversy, massacres and lawsuits, it came to this: Congress must act to control some version of amateurism for the next 21 days. If not, there is a perception that additional benefits will hit the streets from July 1.

“We need your help,” Gonzaga basketball coach Mark Fow told lawmakers. “This is not a problem that the NCAA and individual states can solve.”


This may be NIL’s most convincing statement from a seated coach in Division I. It’s out of his hands; this is beyond the hands of the NCAA. On July 1, at least five states will implement NIL laws that will allow athletes in those states to enjoy the benefits of the other 45 states.

Then what?

“How is the cat back in the bag after July 1?” During the hearing, Senator Jerry Moran (R-KS) asked Market Law Professor Matthew Mitten.

“I don’t think you can,” Mitten said. “I think that’s exactly the problem.”

Senator Maria Cantwell (D-WA) is doing a commendable job of trying to get a bipartisan NIL bill through her presidency of the Senate Trade Committee. It was her hearing on Wednesday. There is growing evidence that a federal trade bill – if indeed developed – will not be enough.

This is the thorny question of disclosure. Should athletes be required to share their approval contracts with … someone? Schools have taken major measures to protect students’ information from the public. This is federal law. Shouldn’t schools be held to the same standard in NIL? Should the schools themselves even know what the profit margin is for an equestrian athlete selling a clothing brand?

If not, does anyone trust the NCAA to decide what’s too much? Does anyone deserve to know? If not, there will be essentially no limit on NIL profits.

Curiously, none of these questions were asked during Wednesday’s three-hour hearing.

This is just one of the important problems and time is running out again.

NIL Ahead is actually a responsibility – allowing athletes some form of their rights while protecting the NCAA from litigation for it. The NCAA is desperate – again, for legal redress against players from the past who have sued for their NIL rights.

That is why we are here in the first place. Ed O’Bannon saw his image on the cover of a video game and demanded compensation. A former West Virginia player who last played in 2012, he is suing the NCAA for unlimited educational benefits. The appeal in this case is currently in the US Supreme Court; this threatens to destroy the collegial model separated from the NIL.

The NCAA sees these legal actions as sinister and endless if they are not protected. Others perceive them as transformative.

Just don’t expect anything significant to happen by July 1st. This becomes clear.

The statement of a few took him out into the halls of Congress: Help us.

The NIL laws of the states are similar, but different enough for concern. On July 1, athletes in Alabama, Florida, Georgia, Mississippi and New Mexico will be able to sign approval agreements, sell autographs, own YouTube channels and more.

Note: Transactions have already been signed with athletes who only need the change calendar to press the contract submission button.

There will be startling amounts of money. Elsewhere in the country, athletes will not have these rights unless the NCAA provides what would be a temporary waiver.

“Only Congress can adopt a national decision on the rights of NIL students and athletes,” Power Five wrote in a joint statement Wednesday. “The patchwork of state laws, which begins on July 1, will put student-athletes at a disadvantage in some states and create a dysfunctional system for others. As leaders in college athletics, we support the expansion of NIL’s rights in a way that supports the educational opportunities of all student-athletes, including colleagues in Olympic sports, who made up 80% of the US team at the Rio Games. We continue to work with Congress to develop a solution for NIL and expand opportunities. “

There are people who claim that the added benefits are already swirling in athletics college – every day. There is dark money flowing under the dialing table. NIL rights will not resolve this issue. Apart from that, there is a competitive advantage that Alabama has that will not be affected in any way by NIL. Two words: Nick Saban.

In particular, the NCAA believes it can be protected from these diverse laws by a 33-year-old Supreme Court ruling in the Jerry Tarkanian case. The so-called “trade clause” saved the NCAA in 1988 by allowing him to punish the former UNLV coach, although several states have passed laws for due process. This would require NCAA enforcement rather than criminal proceedings.

But it will also take time for lawyers (who want a 30% fee) to work on such a case. No one involved in NIL has that time.

Competitive advantage? It happens every day. States have different tax laws. There is a reason people are migrating from California in crowds. Tax breaks attract business. Other countries choose not to offer such tax breaks. The real world works with these problems.

The NCAA still presents itself as the supreme father’s goalkeeper. If there can be no control over a problem that has been neglected for too long, less than the real world of college athletics will collapse. In fact, with each passing day without action, the power of the NCAA diminishes.

The NCAA has been sitting on proposed NIL legislation for at least six months while waiting to see what the government is doing. First, it was the US Department of Justice with antitrust issues. Last month, NCAA President Mark Emmert called on his organization to pass the proposed legislation.

Well, we’re still waiting.

“We are recruiting at the national level, even at the international level,” said Malcina. “Not having the ability to compete on an equal footing against people who can give monetary gifts is a shortcoming that we could not make up for.”

This came from the coach of a small private school in Spokane, Washington, which has just played for the national championship. Few have also just signed No. 1 in the country and are in the No. 2 recruiting class.

Every day, few are recruited against other superpowers from states, some of which will have NIL rights in three weeks and others will not.

Does the NIL discrepancy bring down Gonzaga? If so, Texas and Miami will now win national championships with existing competitive advantages. Despite the benefits of time and the presence of powerful media markets with Fortune 500 companies in crowded states, Longhorns and Hurricanes have not been to many Final Fours lately.

Does NIL change all this? We need an answer quickly.

Time is running out.

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