No more 3rd Party NIL Payments

[horns96]

That has EO has Cody Campbell all over it, right down to the title.

[TexasFanatic]

5 minutes ago, horns96 said:

That has EO has Cody Campbell all over it, right down to the title.

What?? This hurts Cody??

[harveycmd]

On its face, the order doesn't really bind anything because it doesn't do what executive orders have the power to do, which is clarify the application of federal legislation. The federal judiciary will view this as nothing but chatter. This has less legal standing than the House Settlement, which we've already seen is shaky. 

[harveycmd]

Again, even federal legislation that attempts to curtail Fifth Amendment rights of players absent their consent is unlikely to withstand judicial scrutiny given that the Supreme Court has already adamantly warned college athletics not to come back asking for an anti-trust exemption. There's no grounds for an exemption if the players aren't employees. 

[Jordan91]

2 hours ago, f1revo said:

This dudes attempt to rule by EO is sad and funny. Still no enforcement mechanism so toss it out and move on. Loser is on the fast track to add to his 34 felonies as information releases anyways.

It’s sad that some people actually believe this guy. It will go back to court as it always does. If he doesn’t like the rule then it’s the dumbest thing in the history of mankind. 

[harveycmd]

5 minutes ago, Jordan91 said:

It’s sad that some people actually believe this guy. It will go back to court as it always does. If he doesn’t like the rule then it’s the dumbest thing in the history of mankind. 

Yeah, the crazy executive order train picked up major steam sixteen years ago. It's only accelerated since. 

[horns96]

2 hours ago, TexasFanatic said:

What?? This hurts Cody??

Same language Cody Campbell has been using for months.  Campbell is a huge donor (and possible shadow mega-donor) to the administration.

Meet Cody Campbell, the billionaire Texas Tech booster with plan to save college sports

 

[Philip Barber]

A judge will overrule him.

[kirktex]

5 hours ago, Jeff Howe said:

Yes, point the finger at Texas, because the upstanding schools of the SEC did everything above board before NIL.

The butthurt is strong.

Why is barstool Sec attacking an sec school lol 

[GoHorns1]

The courts are to block this worthless EO.

[Jc Dobbs]

7 hours ago, Burnt Orange Horn said:

First question, is this even a valid order?  I thought Congress administered monopoly exempt entities?

IMO it's a "valid" EO, but the question arises regarding what is the impact of an EO in this policy process. It may just be another avenue to Judicial Review of one or (likely) more issues.

Again, just IMO, but when the Courts ruled in O'Bannon on the NIL issue, the legal and policy landscapes became what was widely described as "the Wild West," meaning little to no regulations or limits around NIL. I think Texas and Texas one Fund flourished in the "Wild West" environment.

Many universities and interested parties called for "Guardrails," meaning rules and regulations impacting how teams could and could not compensate players.

What has developed is a classic case of self-interested parties trying to get rules and regulations ("Guardrails") regarding pay for players that would advantage their teams and disadvantage their rivals. This is particularly true for smaller, less wealthy universities trying to craft a "level playing field."

Finally, IMO , it seems to me that attempts to develop "Guardrails" will only ensure years of litigation. I know it's not going to happen, but I would like to see the "Wild West" prevail. What's likely needed is a new structure to replace the NCAA with a Commissioner of CFB with strong power to administer college football under a broad set of rules. In some ways, the EO signed by the President is showing how rulings could be made by a future strong CFB Commissioner.

Universities are finding out they have to be careful about what they wish for. Meanwhile, some programs are being aggressive in recruiting and paying athletes trying to gain advantages while "Guardrails" are developed and reviewed by the Courts.

Hook 'Em!

[MBHORNSFAN]

Big nothing burger from a nothing burger. 

[Jc Dobbs]

6 hours ago, Jeff Howe said:

Yes, point the finger at Texas, because the upstanding schools of the SEC did everything above board before NIL.

The butthurt is strong.

Barstool forgot the "A$M" after Texas. Wrong team, Barstool!

Hook 'Em!

[harveycmd]

19 minutes ago, Jc Dobbs said:

IMO it's a "valid" EO, but the question arises regarding what is the impact of an EO in this policy process. It may just be another avenue to Judicial Review of one or (likely) more issues.

Constitutionally speaking, there's really no foundation for the validity of the order. If the order purports to provide guidance to the departments of the executive branch about how to execute the application of federal law, the immediate response is there is no law. Conversely, if the order intends to establish a "legal framework" for departments of the executive branch to enforce legal restrictions established by the order itself, then it clearly violates separation of powers and is simply unconstitutional. Either way it has no chance of affecting the actual outcome of this saga. It's pure theatre. 

Edited yesterday at 05:03 AM by harveycmd

[Jc Dobbs]

1 minute ago, harveycmd said:

Constitutionally speaking, there's really no foundation for the validity of the order. If the order purports to provide guidance to the departments of the executive branch about how to execute the application of federal law, the immediate response is there is no law. Conversely, if the order intends to establish a "legal framework" for departments of the executive branch to enforce legal restrictions established by the order itself, then it clearly violate separation of powers and is simply unconstitutional. Either way it has no chance of affecting the actual outcome of this saga. It's pure theatre. 

I agree. It's partially filling an obvious policy vacuum. A former USFL owner who can't resist.

Thanks.

[Jordan91]

10 hours ago, harveycmd said:

Yeah, the crazy executive order train picked up major steam sixteen years ago. It's only accelerated since. 

Totally agree.

[TTown]

This means nothing period. The House Attorneys have hammered the Clearinghouse into submission. They have negotiated and it is business as usual for Collectives again. The House Attorney's threatened them with legal action, and go back to the judge for mediation and the NCAA caved as usual.

Nothing has changed. We all knew the Clearinghouse deal would be challenged and defeated. Texas will be fine!!

[whereiend]

IMO the unlimited transfers is the one thing that really needs to be fixed, and it turns out it's quite easy to do so: just allow players to sign binding multi-year pay for play contracts.

The attempts to identify "legitimate" NIL just brings us back to a system where we reward cheaters. Only this time it's even easier to cheat because there are many legitimate avenues to launder the money through. (If you think about it rules were much easier to enforce when players weren't allowed to take any money whatsoever).

Edited 15 hours ago by whereiend