Josh Pate Says It (The College Sports Crisis)

[unfrozencvmanvol]

Starting about 15:15 of this video, they get into what can actually be done (17:23 if you really want to cut to the chase).



I've been on this soapbox for awhile. While I hate it, and am generally not a fan of federal intervention, Congress is the only entity with the power to address the various legal problems which has made college sports ungovernable. If they don't, college sports as a whole are doomed. The current wild west is unsustainable and with the employment model you can kiss the non-revenue sports including all women sports goodbye (and this will not be compliant with Title IX which will further result in the revenue sports breaking away from the universities entirely and just become minor league sports teams). A conditional antitrust exemption providing for equitable revenue sharing with athletes in exchange for allowing the NCAA (or some similar replacement governing body) the ability to enforce rules concerning NIL, transfers, etc., will restore order and save the institution of college sports. And it will be legal if Congress does it, SCOTUS itself said so in the Alston case (they said "hey NCAA you are talking to the wrong people, go talk to Congress").

 

[Peradox1K]

Things just need to go back to how it was 5 years ago.
Who did this to college sports?

 

[unfrozencvmanvol]

Things just need to go back to how it was 5 years ago.
Who did this to college sports?

The SCOTUS ruling in the Alston case that college sports were not immune from the Antitrust laws opened Pandora's box and made college sports ungovernable. The only way to close the box is for Congress to change the Antitrust laws to allow an exemption for college sports. To pass it there will have to be a compromise. There will have to be revenue sharing but there can be enforcable rules then.

 

[Chad F]

Waiting on our morally and intellectually bankrupt politicians (on BOTH sides of the current partisan cult dividing line) is a fool’s errand. If they do somehow stumble into a “solution” it will only be because of some corrupt benefit that it provides to them.

 

[Delmar]

Things just need to go back to how it was 5 years ago.
Who did this to college sports?

That horse left the barn and ain’t coming back.

 

[vol94fan]

I wish for the old days when real coaches brought a brown bag to the recruiting interview.

 

[Oldvoldad]

Things just need to go back to how it was 5 years ago.
Who did this to college sports?

So, I am going to look at this from a different perspective. I am happy to be in a world where bubba can't just "Recruit" and stack all the top talent on one team.

 

[unfrozencvmanvol]

Waiting on our morally and intellectually bankrupt politicians (on BOTH sides of the current partisan cult dividing line) is a fool’s errand. If they do somehow stumble into a “solution” it will only be because of some corrupt benefit that it provides to them.

There is literally NOTHING anyone else can do to save the institution of American college athletics, they are the only off ramp. And they are already involved because it is their laws which are making the sport ungovernable. Only they can change them. If you saw my lifetime voting record you would know I hated the federal government. I don't like it, but what I have said, and what Pate says is true, regardless.

 

[CAVPUT]

Starting about 15:15 of this video, they get into what can actually be done (17:23 if you really want to cut to the chase).



I've been on this soapbox for awhile. While I hate it, and am generally not a fan of federal intervention, Congress is the only entity with the power to address the various legal problems which has made college sports ungovernable. If they don't, college sports as a whole are doomed. The current wild west is unsustainable and with the employment model you can kiss the non-revenue sports including all women sports goodbye (and this will not be compliant with Title IX which will further result in the revenue sports breaking away from the universities entirely and just become minor league sports teams). A conditional antitrust exemption providing for equitable revenue sharing with athletes in exchange for allowing the NCAA (or some similar replacement governing body) the ability to enforce rules concerning NIL, transfers, etc., will restore order and save the institution of college sports. And it will be legal if Congress does it, SCOTUS itself said so in the Alston case (they said "hey NCAA you are talking to the wrong people, go talk to Congress").

Thanks for the video link. Gotta say this paints a pretty grim picture for college sports. When our best option is congress getting involved....ominous.

 

[S.C. OrangeMan]

Starting about 15:15 of this video, they get into what can actually be done (17:23 if you really want to cut to the chase).



I've been on this soapbox for awhile. While I hate it, and am generally not a fan of federal intervention, Congress is the only entity with the power to address the various legal problems which has made college sports ungovernable. If they don't, college sports as a whole are doomed. The current wild west is unsustainable and with the employment model you can kiss the non-revenue sports including all women sports goodbye (and this will not be compliant with Title IX which will further result in the revenue sports breaking away from the universities entirely and just become minor league sports teams). A conditional antitrust exemption providing for equitable revenue sharing with athletes in exchange for allowing the NCAA (or some similar replacement governing body) the ability to enforce rules concerning NIL, transfers, etc., will restore order and save the institution of college sports. And it will be legal if Congress does it, SCOTUS itself said so in the Alston case (they said "hey NCAA you are talking to the wrong people, go talk to Congress").

Yet it seems to be sustaining itself and it's generating more interest and revenue than ever.

How many times does it have to be said that NIL can't be regulated by the NCAA? Antitrust legislation won't affect that a whit due to Constitutional issues.

 

[S.C. OrangeMan]

Things just need to go back to how it was 5 years ago.
Who did this to college sports?

So you want to go back to exploiting the athletes? Shane on you!

 

[S.C. OrangeMan]

The SCOTUS ruling in the Alston case that college sports were not immune from the Antitrust laws opened Pandora's box and made college sports ungovernable. The only way to close the box is for Congress to change the Antitrust laws to allow an exemption for college sports. To pass it there will have to be a compromise. There will have to be revenue sharing but there can be enforcable rules then.

Congress isn't going to change the antitrust laws. Those government every aspect of American business.

What you want would allow monopolies that could set prices for everything as high as they wanted. Food, utilities, fuel, cars, electronics, household goods, clothing...everything.

 

[S.C. OrangeMan]

There is literally NOTHING anyone else can do to save the institution of American college athletics, they are the only off ramp. And they are already involved because it is their laws which are making the sport ungovernable. Only they can change them. If you saw my lifetime voting record you would know I hated the federal government. I don't like it, but what I have said, and what Pate says is true, regardless.

The market will stabilize itself. It always does.
The institution does need saving. It needed ending the decades of athlete exploitation.
We got that.

 

[CAVPUT]

Things just need to go back to how it was 5 years ago.
Who did this to college sports?

I used to think Title IX was one of the worst things to happen to college sports. It shuttered several men's sports that I loved...wrestling being one of them. Now, however, I see how wrong I was. Unlimited transfers and the so-called "NIL" aspect are, without a doubt, THE worst thing that's happened to college sports in my lifetime. It's nothing....nothing like it used to be. Sadly, no matter how it all ends, the real loser in all this will be the fans.many will never know or experience college sports as they used to be.

 

[EZE]

Thanks for the video link. Gotta say this paints a pretty grim picture for college sports. When our best option is congress getting involved....ominous.

“I’m from the government and I’m here to help.”

Run!

 

[EZE]

Congress isn't going to change the antitrust laws. Those government every aspect of American business.

What you want would allow monopolies that could set prices for everything as high as they wanted. Food, utilities, fuel, cars, electronics, household goods, clothing...everything.

Exactly. The antitrust laws are there for a very beneficial reason.

What Congress can do, however, is carve out an exemption.

 

[GAVol]

Things just need to go back to how it was 5 years ago.
Who did this to college sports?

The NCAA did it by cashing checks behind an illegal business model and not evolving in the past 30 years as the money went through the roof.

 

[sami]

Waiting on our morally and intellectually bankrupt politicians (on BOTH sides of the current partisan cult dividing line) is a fool’s errand. If they do somehow stumble into a “solution” it will only be because of some corrupt benefit that it provides to them.

This x infinity.

The self-serving "representatives" we continue to send back to Congress are interested in one thing and one thing only - being reelected and continuing the never ending grift. Finding government 'solutions' to non-governmental issues that actually solved a problem or made things better is like searching for hens' teeth.

 

[GAVol]

The market will stabilize itself. It always does.
The institution does need saving. It needed ending the decades of athlete exploitation.
We got that.

Absolutely. It will all be OK. The pendulum was swung so far in favor of the schools that once it went the other way there was no way for the change not to look drastic.

 

[sami]

Thanks for the video link. Gotta say this paints a pretty grim picture for college sports. When our best option is congress getting involved....virtually hopeless. ominous.

Agreed but I'm not as 'optimistic' as you.

 

[S.C. OrangeMan]

Exactly. The antitrust laws are there for a very beneficial reason.

What Congress can do, however, is carve out an exemption.

Not for NIL. They couldn't do that for the 4 major pro sports that have antitrust exmptions.

 

[unfrozencvmanvol]

Congress isn't going to change the antitrust laws. Those government every aspect of American business.

What you want would allow monopolies that could set prices for everything as high as they wanted. Food, utilities, fuel, cars, electronics, household goods, clothing...everything.

They can carve out an exemption for college atheletics, it does have to be applicable across the board. I have a law degree, I have practiced for 20 years, they carve out exemptions to things ALL the time, they will just make a safe harbor exemption for the NCAA or the new governing body that provides that as long as X percentage is shared with athletes, they can make enforceable rules regarding NIL, transfers, etc. Nothing revolutionary about the fix.

Also, there are currently probably 8 bills in a Congressional committee to change the anti-trust laws, so it's a very real possibility. I hate that it will shut down your player handling/agency business, because I otherwise (other than this subject) like you, but sacrifices have to be made, lol.

 

[S.C. OrangeMan]

Absolutely. It will all be OK. The pendulum was swung so far in favor of the schools that once it went the other way there was no way for the change not to look drastic.

Absolutely right!

 

[unfrozencvmanvol]

Absolutely. It will all be OK. The pendulum was swung so far in favor of the schools that once it went the other way there was no way for the change not to look drastic.

The pendulum is not going to swing back unless something swings it back, like the political will to carve out an antitrust exemption in Congress, that will be the pendulum swinging back to the middle. The status quo isn't sustainable.

 

[S.C. OrangeMan]

I used to think Title IX was one of the worst things to happen to college sports. It shuttered several men's sports that I loved...wrestling being one of them. Now, however, I see how wrong I was. Unlimited transfers and the so-called "NIL" aspect are, without a doubt, THE worst thing that's happened to college sports in my lifetime. It's nothing....nothing like it used to be. Sadly, no matter how it all ends, the real loser in all this will be the fans.many will never know or experience college sports as they used to be.

So stopping athlete exploitation was somehow bad? That's an appalling position.