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O'Bannon plaintiffs win case vs NCAA
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ken d Offline
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RE: O'Bannon plaintiffs win case vs NCAA
(08-10-2014 09:00 AM)arkstfan Wrote:  
(08-10-2014 08:27 AM)ken d Wrote:  I'm not sure that will prove to be a valid assumption. First of all, the position of the NCAA up until now has included the opinions of schools who may no longer have a say in the matter. If the P5 view this as an autonomy matter, theirs is the only opinion that will count - especially since they have most of the athletes that somebody may be willing to pay for.

Another aspect is that the NCAA may have considered zero to be a more defensible argument to sustain the entire "amateur" model. Once that dam is broken, there's no telling what position the NCAA member schools will take. They may decide that you can't be a "little bit pregnant" and make it a free for all.

If I recall correctly, during discovery, the O'Bannon plaintiffs only sought financial data from the 10 FBS leagues and no more than 3 non-FBS leagues.

The financial data that was part of the decision is based less than half of Division I leagues.

The $5k is the MINIMUM cap but I would assume that means the judge's belief is that the plaintiffs only established that the value of likeness generated that should be payable to athletes is not less than $490,000 per school.

The press has done a pathetic job of covering these cases because the Sun Belt is a defendant or at least a subpoenaed party in NCAA only cases in virtually all of the same cases as the SEC. This is NOT just P5 specific.

Remember draft one of autonomy required full NCAA vote for a non-P5 league to adopt. [b]They were then reminded that in litigation there are 5 to 8 other conferences that equally have their necks on the line.[/b] That is why draft 2 allowed the FBS leagues to adopt and draft 3 was extended to all Division I (though in football tracking by FCS is problematic if the adopted legislation is applicable to head count sports because it is an equivalency sport in FCS).

As to Title IX there is no clear case that I am aware of but there are number of experts on this particular field of litigation who believe that a market driven difference in compensation is permissible under Title IX. Remember that a school that may be found compliant with Title IX that in excess of 100 males maybe on full ride because there are 98 head count slots and a number of full rides given in head count sports. While the number of females given a full scholarship may be half that number.

I believe before you see any appeal filed the defendants will seek administrative clarification.

Assigning value to likeness value is going to be problematic. The typical TV contract is signed before a Johnny Football arrives on campus and is then renewed after he leaves. Whatever value is assigned to likeness in negotiation is a sort of generic application projecting the value of an athlete not yet signed.

I found it interesting that a distinction was either made or at least acknowledged between FBS schools that offer football scholarships and FCS schools that do also. If you can make that distinction, why can't you make it between P5 and G5 as well (even though that isn't an NCAA recognized subdivision. With autonomy, though, could you not make a case that a de facto subdivision exists?
08-10-2014 12:27 PM
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