^^^ Where there's a dollar there's a way.
^^ And again. Are the people with enough $$$$ also the same people that think the system is broken. Georgia, Ohio State, Alabama, Texas, Notre Dame, A&M, etc. are doing pretty well under the current NIL system. Why would their uber-rich supporters fund changing things? Are there enough uber-rich people that want to see things change to pay to get it done?
I've studied settlement that will begin allowing schools to directly pay players. Almost every article has something, usually in the headline, saying "For the first time colleges will be able to pay players". So if it's not the NCAA keeping them from paying players until next year who has it been?
I think the conferences are playing nice with the NCAA, but the Power 4 and FCS have essentially taken the money and enforcement power away. I think the pending nature of the "House Settlement" has everyone in a holding pattern. But, it is expected to be finalized within the next year, IIRC.
Another question. Would there be enough interest in this subject to have such intense discussion if OU had done well in recruiting and the portal, had tons of NIL money to throw at players, had gone 12-1 and had a first round bye in the playoffs?
except both options you currently proposing, a cba just for football, or the privatization of a university asset related to sports, are not legally allowed. so it has to stay in the middle, unless laws change, and there is currently no push anywhere for those type of law changes, or they want to include all athletes for all sports. i get that this is what you think will happen, but for it to happen, we are talking about at least a decade long fight, if not longer to change all of the required laws currently on the books that protect student athletics at public institutions.
except it isn't... in 47 states, they could only have a CBA if they were employees of the university and if it included all athletes. the other three they would not have to be employees of the university, there is some confusion if it would have to include all athletes to avoid violating federal law.
again, you might that that is where it is heading, but it's really not. Oklahoma can't collectively bargain in non-state employees, and in oklahoma, to protect womens sports, all sports must be included in any long term financial planning.
the NLRB was able to recognize Dartmouth Men's basketball as employees who then unionized because they are a private university, but even then the school is appealing
USC football and mens and women's basketball might be now recognized as employees (but that is being appealed, but there is still a lot of questions in California law if they could actually unionize without giving up their scholarships.
Labor laws around the country are very specific about what and whom the state and state entities can collectively bargain with and who they can recognize as members of a union. The state of oklahoma has a very specific exception for law enforcement, but strongly limits any other collective bargaining by a state entity.
the talk that the College Football Players Association (CFBPA) could be the one to collectively bargain, but no state recognizes them as a union, and thus can not bargain with them.
now yes, you are correct in that CFBPA executive director Jason Stahl is trying to propose federal legislation that would grant college athletes the right to bargain without becoming employees, but not a single member of congress has picked up on the idea to propose it to committee yet.
the closest that any school has gotten to the idea of collective bargaining for college athletes has been Notre Dame (again a private university), but they even stated that the only way to do so without extensive legal battles is to treat all athletes, regardless of sport as equals.
can you show any example of where a CBA just for football would be allowed? because almost every legal scholar disagrees.
a private company can have a CBA with only football players .... that is what would happen .. and womens sports would not be employees of the same private company ..
football players becoming emploees is where this 100% is going .... ... and they will be the ones that get the money ...
look at the proposed rev share (that is in the settlement ..that has prelim approval) .... football players are going to get the huge majority of that money .. and mens basketball will get the next pot .. the rest of the sports are going to split the the remainder .. (about 17 of the 20 mil to football and mens basketball) .
the OU foundation and all of those private donations go away at that point. there is no way this ever gets done, because it would kill so many football programs. and there would be conversations of if these now employees of a private company can even be on campus for classes. because they would absolutely lose their scholarships at that point. you are talking about just creating a new football league, but if these players don't need to attend college in order to play, and there is no ties to the university, then the NFL just gets rid of the 3 year rule, and kills the league completely. there is no way the NFL willingly competes with another league that isn't directly related to the NCAA and universities. that is the only reason they haven't eliminated the rule already is their close ties to the universities, and how it works to farm fans, by them following their favorite players in college to their new NFL teams.
can you show any evidence that this idea of a private company being created and taking on the athletes as employees is being discussed? because i can't find it anywhere except college football message boards.
I think the idea is that football will separate from the Universities and literally be affiliated in name only through licensing.
It most likely will be devastating to other sports that may have to operate 100% off donated support.
One possible tangential effect is that it will negatively impact our competitiveness in the Olympics. University supported athletics is uncommon in the world and ubiquitous in the US, giving us one of the biggest talent pools in the world from which to attract Olympic athletes. It's also why a lot of international student athletes come to the US, so they can essentially train here while getting an education, and then go on to compete for their home country. But the US usually dominates the summer Olympics primarily because so many of those sports are highly competitive sports in colleges with resources and facilities mostly subsidized by football revenue.
a) the universities wouldn't allow it, because they don't' want to lose the money
b) the NFL wouldn't allow it, so they would change their rules so that kids can just go straight from high school and kill this idea before it ever got started
c) there is no legal basis for it to happen
a) The Universities would make the money via licensing their IP to the team
b) Why would the owners want to pay to develop players when the college system, the one now or any in the future, is willing to do it for them. Unless, I guess, they started their own farm system. If they did that, maybe they'd want to license some Universities' IP. lol
c) What basis is needed? It does sound like a pain, especially if you have to get a bunch the state laws changed, but that will just come down to if any organization wants to pay / invest enough to make it happen.
I'm not advocating for it or saying it's what will for sure be done, but it's not an impossibility.
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