Started By
Message
re: Chips are down: Is NIL regulation = socialism?
Posted on 6/14/25 at 8:09 pm to CaliHorn
Posted on 6/14/25 at 8:09 pm to CaliHorn
quote:
Okay, so let’s break this down!
What you are describing is the process of an individual school or scholarship setting a standard.
If you and I want to bargain with each other, we can.
Where you get into trouble is where, in interstate commerce, multiple institutions band together to agree on how they will bargain with you.
Now, within that there’s also a rule of reason that governs legality. But what you described doesn’t even get there.
Again: your individual employer setting terms and conditions on what it will offer is one thing. A group of employers all agreeing what they will offer individually is another.
At this point the NCAA knows it is cooked on this under the law.
As I already pointed out when these rules were instituted the sport was not making revenue and lived mostly on donations from boosters.
So to say they have band together to do these things is just straight up not true.
The reasons why it's done is also obviously for competitive reasons, not the other bullshite you keep mentioning.
0
Posted on 6/14/25 at 8:10 pm to CaliHorn
quote:
Maybe we’re talking past each other: I’m not arguing policy, really. I’m not really making a normative argument. I’m telling you that under existing law the NCAA is in trouble.
As a normative matter, I believe this is an industry that is screaming for some regulation. But that’s not all about NIL.
The industry was fine until the government got involved and stopped allowing the NCAA to regulate itself.
Posted on 6/14/25 at 8:45 pm to Marcelo Lavanda
Yes. NIL was created by the DEI groups to allow blacks or the less fortunate the ability to make money. No other reason for it.
Posted on 6/15/25 at 2:34 am to dawgfacedmutt
quote:
The industry was fine until the government got involved and stopped allowing the NCAA to regulate itself.
But what is the point of having anti-trust laws, trade laws, labor laws, and the 13th Amendment, if the nation - after all of the struggles it went through to get those laws into place - allows organizations to simply regulate themself out from underneath them?
Does that make sense to you?
And was the 'industry' really that 'fine'? The corruption at all levels? The bagmen (who might be making a comeback... let's see....)? The gross exploitation? The undermining of academics? The rampant anti-competitive behavior, especially in the nastiest negative recruiting - even between schools with 'gentlemen's agreements', which itself is anti-competitive?
That rose-tinted glasses view of the grand old plantation is a wonderful image for reminiscent paintings I suppose. But I think it's fair to say that we should probably expect a slightly more progressive world view when it comes to modern law and economics.
quote:
If they start paying them, then they are employees and they will be taxed and so on
The way this strange tax argument keeps getting thrown around, makes me wonder if some of you must be posting from an alternate universe where the tax laws are very different. In the reality I'm posting from, if you earn income (office job, trade job, independent contracting, NIL, lemonade stand, WHATEVER....) you will pay taxes on that income within the existing slate of state and federal laws and guidelines that are applicable.
This quirky awkard idea that taxes should be an excuse to not allow players to earn money is one of the most goofball notions I've ever heard of.
quote:
IF Universities and Colleges decide they don't want to give scholarships or admission to professional athletes, they can stop.
And then what happens to NIL and pay for play??
In theory, nothing. But in practicality, all of the schools would have to agree with each other to do such a thing. You'd probably have better luck, and spend less effort, getting a successful manned mission to Mars completed within the next 12 months, than getting all of the schools to go along with this proposal. The Universities and Colleges are just far too cut-throat, cunning, and competitive to not find a variety of ways to undermine and loophole their way out of an arrangement like that, in many cases blatantly. And there's probably some gigantic nuclear Title IX minefields lying in wait....
This post was edited on 6/15/25 at 4:42 am
Posted on 6/15/25 at 4:46 pm to ouflak
quote:
But what is the point of having anti-trust laws, trade laws, labor laws, and the 13th Amendment, if the nation - after all of the struggles it went through to get those laws into place - allows organizations to simply regulate themself out from underneath them?
Those laws exist for times when people do shady things in order to gain them. It is not against the law to have a monopoly because you have a great product and nobody else is able to keep. It is against the law to buy up all your competition, or do things to harm your competition for your own benefit, etc.
The NCAA has done nothing to prevent competition. And as far as labor laws would be concerned, the NCAA is extremely more strict on the amount of time they are allowed to do things like practices etc. You know one of the biggest reasons teams would take a loss financially to go to a bowl game was because it meant they had extra practices, in addition to the game experience. They do other things outside practice, but the labor laws aren't even close to being applicable here.
I don't even know why the frick you are bringing up the 13th amendment.
quote:
And was the 'industry' really that 'fine'? The corruption at all levels? The bagmen (who might be making a comeback... let's see....)? The gross exploitation? The undermining of academics? The rampant anti-competitive behavior, especially in the nastiest negative recruiting - even between schools with 'gentlemen's agreements', which itself is anti-competitive?
None of that is being addressed here, instead it's being amplified. And the majority of the claims people make about schools and such cheater are completely bullshite.
quote:
That rose-tinted glasses view of the grand old plantation is a wonderful image for reminiscent paintings I suppose. But I think it's fair to say that we should probably expect a slightly more progressive world view when it comes to modern law and economics.
Oh, you're retarded. People don't work their asses off for the opportunity to be a slave. Millions of people go into large amounts of debt for a fraction of the opportunities given to them. If you want to talk about real slavery in the present age, then look at our monetary system.
quote:
The way this strange tax argument keeps getting thrown around, makes me wonder if some of you must be posting from an alternate universe where the tax laws are very different. In the reality I'm posting from, if you earn income (office job, trade job, independent contracting, NIL, lemonade stand, WHATEVER....) you will pay taxes on that income within the existing slate of state and federal laws and guidelines that are applicable.
This quirky awkard idea that taxes should be an excuse to not allow players to earn money is one of the most goofball notions I've ever heard of.
I don't know what the frick you are talking about here and I don't think you do either. I said if they were employees they would be paying taxes, they do not pay taxes because they weren't employees. Even now with NIL, they are not being paid by the schools, they are being paid by a 3rd party.
Page 7 of 7
Popular
Back to top
Follow SECRant for SEC Football News