So, in short, 5 consecutive years of athletic eligibility, and 1 free transfer (with a couple exceptions) without a sit-out year.
So, in short, 5 consecutive years of athletic eligibility, and 1 free transfer (with a couple exceptions) without a sit-out year.
That sound about right?
Sounds good but if Congress passed a law like this, it would get seriously challenged in the courts.So, in short, 5 consecutive years of athletic eligibility, and 1 free transfer (with a couple exceptions) without a sit-out year.
That sound about right?
True, but it would have the force of a law passed by congress. Not so easy for a court, any court, to just toss it out. I wouldn’t worry too much about it however. Unlikely to ever happen.Sounds good but if Congress passed a law like this, it would get seriously challenged in the courts.
You are going down a slippery slopeSo with Congress making the rules what is the NCAA needed for?
On what basis?Sounds good but if Congress passed a law like this, it would get seriously challenged in the courts.
I haven't read the law yet but absent an anti-trust exemption, it is restraint of trade. If it includes an anti-trust exemption, that in and of itself can be challenged.On what basis?
Congressionally passed laws get challenged ALL the time.True, but it would have the force of a law passed by congress. Not so easy for a court, any court, to just toss it out. I wouldn’t worry too much about it however. Unlikely to ever happen.
Congress created the antitrust laws. It can provide an exception to them.I haven't read the law yet but absent an anti-trust exemption, it is restraint of trade. If it includes an anti-trust exemption, that in and of itself can be challenged.
The “orderly way” to temper that Act’s policy of competition is “by legislation and not by court decision.” Flood, 407 U. S., at 279. The NCAA is free to argue that, “because of the special characteristics of [its] particular industry,” it should be exempt from the usual operation of the antitrust laws—but that appeal is “properly addressed to Congress.”National Soc. of Professional Engineers, 435 U. S., at 689. Nor has Congress been insensitive to such requests. It has modified the antitrust laws for certain industries in the past, and it may do so again in the future. See, e.g., 7 U. S. C. §§291–292 (agricultural cooperatives); 15 U. S. C. §§1011–1013 (insurance); 15 U. S. C. §§1801–1804 (news-
paper joint operating agreements). But until Congress says otherwise, the only law it has asked us to enforce is the Sherman Act, and that law is predicated on one assumption alone—“competition is the best method of allocating resources” in the Nation’s economy. National Soc. of Professional Engineers, 435 U. S., at 695.
Yes, I agree re legal action; at worse, someone will seek an injunction so as to not cause undue harm, until the courts settle the issue.Congressionally passed laws get challenged ALL the time.
And Antitrust exemptionSo, in short, 5 consecutive years of athletic eligibility, and 1 free transfer (with a couple exceptions) without a sit-out year.
That sound about right?
It is in thereI haven't read the law yet but absent an anti-trust exemption, it is restraint of trade. If it includes an anti-trust exemption, that in and of itself can be challenged.
Yes they can be challenged but courts must have a compelling reason to overturn a law passed thru congress. And if it has an antitrust exemption, then even tougher to over turn.Congressionally passed laws get challenged ALL the time.
A narrow anti-trust carve out as in this legislation would result in tons of legal cases.It is in there
And that is precisely why it might work; both sides have to take risk, otherwise any one-way deal would not pass muster."So, in short, 5 consecutive years of athletic eligibility, and 1 free transfer (with a couple exceptions) without a sit-out year."
Seems like a huge jump from the present. Talented, disgruntleld, money-minded players are big losers. What about injured red-shirts hurt in year three?
Current mess, though, offers a double-edged sword. How about players having to commit/sign for two years? Great to keep Himes and Clark; means we couldn't jettison Touri, Aligebe, Middleton. Do you think OSU would be happy about giving Coleman 1.8 m for two years.?