Recruiting Football Talk VII

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The ESPN 30 for 30 on how Tennessee took down the NCAA is going to be awesome 😎
I hope so…..I really hope it’s not the opposite.
The NCAA isn’t going to just roll over.

The more I think about this, UT/Tennessee is going to need full support from a lot of other institutions/states.

It’s unfortunately not always who’s right that wins in court. We’ve seen that too many times.
 
I have wondered that before, what it would look like...saying, no. What do y'all think? Can they actually prohibit us from giving max amount of scholarships? I guess it's a serious question. If the NCAA said, "you're only allowed 70, 75 scholarships", and a university said, "Yeah, I don't think so...we're giving 85"...what happens?

I guess we COULD tell them to "eff off". Then what? Go play in the bowl they've banned us from? Can we truly do that? I know the CFP is it's own separate thing, so we may could get away with it there, idk. To Weezer's post...OK, we gave in on Pruitt because we really did break the rules; but...if the NCAA is really that powerless, why didn't we just tell them to eff off there...why doesn't everyone...breaking rules or not?
Most of the time, people give in because they actually broke rules, and members aren't going to back them if they actually broke rules. In this case, we didn't break rules because there were no rules in place to break. If we're guilty, everyone is guilty. Members aren't going to let the NCAA punish everyone, which they will have to do, because selective enforcement is a definite lawsuit and the end of the NCAA.
 
I hope so…..I really hope it’s not the opposite.
The NCAA isn’t going to just roll over.

The more I think about this, UT/Tennessee is going to need full support from a lot of other institutions/states.

It’s unfortunately not always who’s right that wins in court. We’ve seen that too many times.
The scotus already told the ncaa they better not be back in court over this and here they are no way they win this
 
OK. So what's the problem?
No problem...just that is the only way forward now..as soon as players unite and demand a piece of the pie from the Universities...the law will back them and the NCAA is DOA.

I don't know why some enterprising agent-lawyer groups have not already started organizing the players-prospective players to Class Action the NCAA out of existence.

There are no enforceable rules without a CBA...and there needs to be some rule. The players better understand they will have to give to get though.
 
OK. So what's the problem?
McGill hates the idea of CFB giving up the facade of amatuerism. He's been one of the biggest proponents of the old model and was against NiL from the start (to his credit, MANY here were).

He'll either accept it or move on to watching UT intramural football at this point. It's inevitable. Hope he comes around...I think he may be slowly accepting the new reality.
 
McGill hates the idea of CFB giving up the facade of amatuerism. He's been one of the biggest proponents of the old model and was against NiL from the start (to his credit, MANY here were).

He'll either accept it or move on to watching UT intramural football at this point. It's inevitable. Hope he comes around...I think he may be slowly accepting the new reality.
Sounds like he has.
 
I just listened to Pat Forde and Dan Wetzel talk about Nico........(the name thing going around.)


Those two are idiots...........but racist remarks? Give me a break. That's not racist.
You’re forgetting the 1st rule of That’s Racist!

It’s not up to you to decide. That decision lay solely with the offended party. I don’t make the rules 🤷‍♀️
 
No problem...just that is the only way forward now..as soon as players unite and demand a piece of the pie from the Universities...the law will back them and the NCAA is DOA.

I don't know why some enterprising agent-lawyer groups have not already started organizing the players-prospective players to Class Action the NCAA out of existence.

There are no enforceable rules without a CBA...and there needs to be some rule. The players better understand they will have to give to get though.
How much are you looking forward to the first players’ strike?

We’ll have a bunch of intramural rugby players playing for a playoff spot.
 
Sorry, don't mean to harass or double down, but if I'm reading correctly, both you and @jave36 seem to be confusing this? UT will probably never make this argument in court, as UT isn't in court about this. My hope is that UT will never make the defensive case that, "We paid them NIL and it was OK because..."

UT is fighting the NCAA in an NCAA investigation. They may one day take the NCAA to court against their enforcement. But I suspect that'd be facts-based arguments about the Spyre contract, plane rides, and the like. It'd be just the opposite of this line of argument--i.e. "Look, we never paid the athlete a penny in NIL!"

The AG case is about these principles, independent of UT.

However, if the AG case wins it'll affect UT's investigation, as the entire NCAA investigation will be seeking to enforce unconstitutional rules.
I'm the one who said it probably wouldn't make it to court.

But if it did and the case depended on spyre saying "we hired Nico for his nfl potential, not because of UT," any sane person would roll their eyes because they'd have never contracted with him if he went to Bama.
 
The scotus already told the ncaa they better not be back in court over this and here they are no way they win this

It's not so cut and dry. Alston allowed players to make money from their NIL rights and sent a warning shot to the NCAA regarding some of their policies but it didn't say the NCAA had no authority at all. The NCAA did that when they abandoned everyone for three years and told membership to follow state laws on NIL. The NCAA could argue that this isn't about stopping players from cashing in on their NIL rights (which they can't do by law) but rather about stopping schools from gaining an unfair competitive advantage (something they are allowed to do and should do as a regulatory body). Their case would be stronger if they weren't going after offenses committed during a time frame that they chose not to regulate. Given how mercurial and selective the NCAA has been in the past on enforcement and investigations, I believe @LA Vol gave a good explanation as to why they pursued this: (they've decided we're an unruly child and they're known to be petty coupled with the threat of repeat offender status opening up the charge of lack of institutional control - that charge is what they thought would cause us to fold and give them an easy win to bring others in line. I don't think they anticipated a fight like this at all).

If, for example, they had gone after the same scenario but it had happened last month (well after the more recent NIL rules had been passed) they'd have a decent case. Instead they're going to argue that those booster rules always applied to NIL collectives which again might've flown if they had issued guidance earlier - the court is going to ask them if it was to be understood by your membership that those set of rules were meant to apply to collectives, why did you wait 3 years to clarify that to your members?
 
Most of the time, people give in because they actually broke rules, and members aren't going to back them if they actually broke rules. In this case, we didn't break rules because there were no rules in place to break. If we're guilty, everyone is guilty. Members aren't going to let the NCAA punish everyone, which they will have to do, because selective enforcement is a definite lawsuit and the end of the NCAA.
It's like I said, with everything ive read so far, I believe we win in court...it seems that this was a great fight to take, and im fired up and proud of Plowman and White; however, my initial statement/post, and my question was to the... what if we don't?

At this moment, everything sounds great for our favor, our support, our case. I believe this could possibly be a death blow to the NCAA; but, if its not, for whatever reason...what then, whenever they pass down a repeat offender/LOIC?
 
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I'm the one who said it probably wouldn't make it to court.

But if it did and the case depended on spyre saying "we hired Nico for his nfl potential, not because of UT," any sane person would roll their eyes because they'd have never contracted with him if he went to Bama.
But that's true of any collective, which all the major schools now have. Again, if we are guilty, everyone is guilty, and the NCAA won't get away with selective enforcement on this issue.
 
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