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California Schools Will Not Be Part Of The NCAA In 2023 If Newsom Signs The Bill
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quo vadis Offline
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Post: #81
RE: California Schools Will Not Be Part Of The NCAA In 2023 If Newsom Signs The Bill
(09-30-2019 03:25 PM)SoCalBobcat78 Wrote:  
(09-30-2019 02:23 PM)quo vadis Wrote:  
(09-30-2019 01:17 PM)Rube Dali Wrote:  Michael McCann, SI's Legal Expert, has a roadmap of what's ahead in all this. Worth the read(Except for those who are obstinately opposed to this).

Looks like California might be vulnerable to a Commerce Clause lawsuit, as per the case cited where Nevada tried to protect Jerry Tarkanian back in the 1990s and a federal judge disagreed. That case never went to the supreme court though so this one might.

When they were putting this bill together, they consulted with a number of legal experts to ensure that they were on safe ground. California believes that trade organizations like the NCAA are prohibited under U.S. antitrust law from excluding institutions merely for following a state law. They also believe that the NCAA cannot fine California schools for following a state law. The NCAA will not win an antitrust case. The NCAA will either change or die. Because of the money involved, they will change.

IIRC, in the 1993 Tark case, Nevada passed a law saying that any Nevada university employee being investigated by the NCAA for violating its rules must be provided with certain due process protections.

The NCAA sued on Commerce Clause grounds, and won. The federal courts said that if Nevada could do this, then for practical purposes, the NCAA would have to follow those same guidelines when investigating someone at any school in any state. Therefore, the Nevada law was null because in effect, it was legislating for the whole country, which it isn't empowered to do. From a summary of the case:

".... the court held that the statute impermissibly burdened interstate commerce by preventing the NCAA from uniformly enforcing its rules across the nation. Put simply, the Nevada law required the NCAA to apply certain standards in Nevada that differed from those generally applicable."

That seems kind of similar to what the California law would do.
09-30-2019 06:16 PM
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gosports1 Offline
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Post: #82
RE: California Schools Will Not Be Part Of The NCAA In 2023 If Newsom Signs The Bill
i didn't read the bill but obviously this will need to be monitored. Does the bill call for any restrictions or limitations on how much a player can earn at their "job" ?
09-30-2019 06:41 PM
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DavidSt Offline
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Post: #83
RE: California Schools Will Not Be Part Of The NCAA In 2023 If Newsom Signs The Bill
Then you will have sports fans turn their anger against the lawmakers who passed those laws. If I were a judge? I would throw out the California law as un-Constitutional. If an employee at McDonalds and sold his name and likeness to Burger King, and shows up at work wearing Burger King uniform or t-shirt? That employee would be fired. If any athletes in California sell their name and likeness? They would be declared ineligible to play by the NCAA. California schools must follow the rules set by the NCAA at all levels and NAIA. If they do not? Boot the schools from the NCAAs. Same with Florida and South Carolina schools. I bet all these schools are lobbying against these bills?
09-30-2019 08:04 PM
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chester Offline
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Post: #84
RE: California Schools Will Not Be Part Of The NCAA In 2023 If Newsom Signs The Bill
(09-30-2019 10:49 AM)Rube Dali Wrote:  Florida is the newest legislature to join in. And the lead sponsor is a Republican:

https://twitter.com/DanMurphyESPN/status...2356207617

(09-30-2019 02:09 PM)ArmoredUpKnight Wrote:  State of Florida is next

Currently crafting a Name, Image, and Likeness Bill


Right on! And West Virginia will be in the mix:


ETA: So far, that's

Colorado
Florida
Illinois
New York
South Carolina
Tennessee
Washington
West Virginia

Any missed?
(This post was last modified: 09-30-2019 08:32 PM by chester.)
09-30-2019 08:27 PM
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Ohio Poly Offline
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Post: #85
RE: California Schools Will Not Be Part Of The NCAA In 2023 If Newsom Signs The Bill
(09-30-2019 11:58 AM)EvilVodka Wrote:  
(09-30-2019 08:33 AM)Ohio Poly Wrote:  When the CA schools separate from the NCAA, the Div. I, II, III, FBS/FCS system will be dropped there. As most of the best players follow the new gold rush, the mid-level schools like SDSU, San Jose, Fresno, etc. will become major SEC-type franchises and the California league will become the official minor league of the NFL. Several divisions will be created to allow for a playoff/champion. This will begin in the current recruiting cycle as graduating seniors will be able to take advantage of the NIL law in their upperclass years.

Thanks Nostradamus

You're welcome!
09-30-2019 08:32 PM
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chester Offline
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Post: #86
RE: California Schools Will Not Be Part Of The NCAA In 2023 If Newsom Signs The Bill
...Looks like Maryland (may) get involved on the NIL front...


FYI, earlier this year, Delegate Lierman tried (and failed) to gain MD's college athletes the right to collectively bargain on matters such as compensation and health care. (HB 0548)
(This post was last modified: 09-30-2019 09:44 PM by chester.)
09-30-2019 09:43 PM
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otown Offline
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Post: #87
RE: California Schools Will Not Be Part Of The NCAA In 2023 If Newsom Signs The Bill
This is very interesting. What happens if an athlete signs with Nike and part of the deal is to wear Nikes, but he is at an Adidas school. Can the athlete sue the university if they prohibit him from wearing Nike's during the game, thus preventing him from fulfilling his endorsement deal?
A similar situation happened at UCF with marcus jordan wanting to wear Jordan's for bball. It resulted in the school actually signing a new contract with Nike.
10-01-2019 05:53 AM
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esayem Offline
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Post: #88
RE: California Schools Will Not Be Part Of The NCAA In 2023 If Newsom Signs The Bill
The shoe thing is dumb. Let them wear whatever shoes they want. They’re already wearing pink shoes all the time anyway.

Uniforms are a different story.
(This post was last modified: 10-01-2019 06:46 AM by esayem.)
10-01-2019 06:45 AM
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quo vadis Offline
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Post: #89
RE: California Schools Will Not Be Part Of The NCAA In 2023 If Newsom Signs The Bill
(10-01-2019 05:53 AM)otown Wrote:  This is very interesting. What happens if an athlete signs with Nike and part of the deal is to wear Nikes, but he is at an Adidas school. Can the athlete sue the university if they prohibit him from wearing Nike's during the game, thus preventing him from fulfilling his endorsement deal?

The California law makes an exception for this, if your school has a contract with Nike, you can't sign a personal endorsement deal to wear Reebok during games, etc.
10-01-2019 07:48 AM
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Frank the Tank Offline
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Post: #90
RE: California Schools Will Not Be Part Of The NCAA In 2023 If Newsom Signs The Bill
(10-01-2019 06:45 AM)esayem Wrote:  The shoe thing is dumb. Let them wear whatever shoes they want. They’re already wearing pink shoes all the time anyway.

Uniforms are a different story.

That's consistent with the Olympics and pro sports: athletes have their own shoe deals, but they all wear the same uniforms.

This brings up an important point: we're all largely talking about how the hypothetical business owned by a booster signing up players from his/her favorite school to huge endorsement deals, but the much more likely reality is that the *real* endorsement money is going to come from the large shoe companies and will be school agnostic. The AAU system is dominated by shoe companies and it's largely a long-term recruitment situation for them to lock in the loyalties of the small handful of players that end up getting into the NBA. Now, the shoe companies can be even more direct if they can compensate college athletes directly.

Booster money would still have to be funneled through a business for a legitimate business purpose. (That's not to say that it can't/won't happen, but it's not quite as easy as dropping huge bags of money as some people are making it out to be here.) For the shoe companies, though, their entire business is built upon signing athletes to endorsement deals. That's their whole M.O. This is where the money is *really* at and it's not school specific at all.

IMHO, that's a good thing. This reduces the impact of local booster money (which is what so many people here are worried about) and instead makes the endorsement market much more national. That means that the endorsement income for elite recruits would largely be the same regardless of where they choose to go to school.
10-01-2019 08:03 AM
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Frank the Tank Offline
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Post: #91
RE: California Schools Will Not Be Part Of The NCAA In 2023 If Newsom Signs The Bill
(10-01-2019 07:48 AM)quo vadis Wrote:  
(10-01-2019 05:53 AM)otown Wrote:  This is very interesting. What happens if an athlete signs with Nike and part of the deal is to wear Nikes, but he is at an Adidas school. Can the athlete sue the university if they prohibit him from wearing Nike's during the game, thus preventing him from fulfilling his endorsement deal?

The California law makes an exception for this, if your school has a contract with Nike, you can't sign a personal endorsement deal to wear Reebok during games, etc.

Ah - that's unfortunate. That pretty much negates my last comment, although I guess that doesn't preclude a player at an Adidas school still signing a Nike contract for commercials, running summer camps, helping coach an AAU team, etc.

It always bothered me that the coaches that are wearing wingtips on the sidelines are the ones that receive extraordinary contracts from the shoe companies as opposed to the players.
(This post was last modified: 10-01-2019 08:07 AM by Frank the Tank.)
10-01-2019 08:05 AM
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Post: #92
RE: California Schools Will Not Be Part Of The NCAA In 2023 If Newsom Signs The Bill
(09-30-2019 08:27 PM)chester Wrote:  
(09-30-2019 10:49 AM)Rube Dali Wrote:  Florida is the newest legislature to join in. And the lead sponsor is a Republican:

https://twitter.com/DanMurphyESPN/status...2356207617

(09-30-2019 02:09 PM)ArmoredUpKnight Wrote:  State of Florida is next

Currently crafting a Name, Image, and Likeness Bill


Right on! And West Virginia will be in the mix:


ETA: So far, that's

Colorado
Florida
Illinois
New York
South Carolina
Tennessee
Washington
West Virginia

Any missed?

If all those states pass legislation, the battle is already over for the NCAA.
10-01-2019 08:13 AM
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Post: #93
RE: California Schools Will Not Be Part Of The NCAA In 2023 If Newsom Signs The Bill
all I want to know is this....

Is it going to be NCAA Football 2021 or NCAA Football 2022 by EA Sports?
10-01-2019 11:25 AM
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Post: #94
RE: California Schools Will Not Be Part Of The NCAA In 2023 If Newsom Signs The Bill
(10-01-2019 11:25 AM)stever20 Wrote:  all I want to know is this....

Is it going to be NCAA Football 2021 or NCAA Football 2022 by EA Sports?

NCAA 2024, since this goes into effect in 2023 and deals can't be signed until then.
10-01-2019 11:31 AM
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Post: #95
RE: California Schools Will Not Be Part Of The NCAA In 2023 If Newsom Signs The Bill
(10-01-2019 11:31 AM)VNova Wrote:  
(10-01-2019 11:25 AM)stever20 Wrote:  all I want to know is this....

Is it going to be NCAA Football 2021 or NCAA Football 2022 by EA Sports?

NCAA 2024, since this goes into effect in 2023 and deals can't be signed until then.

well, saw Florida's one would be in effect July 1,2020. I think it's going to snowball quickly.

Wouldn't be surprised if EA Sports is already starting to work on it quite frankly. Especially given there are new systems coming out next year I think.
10-01-2019 11:33 AM
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Post: #96
RE: California Schools Will Not Be Part Of The NCAA In 2023 If Newsom Signs The Bill
(10-01-2019 05:53 AM)otown Wrote:  This is very interesting. What happens if an athlete signs with Nike and part of the deal is to wear Nikes, but he is at an Adidas school. Can the athlete sue the university if they prohibit him from wearing Nike's during the game, thus preventing him from fulfilling his endorsement deal?
A similar situation happened at UCF with marcus jordan wanting to wear Jordan's for bball. It resulted in the school actually signing a new contract with Nike.

(10-01-2019 08:13 AM)TripleA Wrote:  
(09-30-2019 08:27 PM)chester Wrote:  
(09-30-2019 10:49 AM)Rube Dali Wrote:  Florida is the newest legislature to join in. And the lead sponsor is a Republican:

https://twitter.com/DanMurphyESPN/status...2356207617

(09-30-2019 02:09 PM)ArmoredUpKnight Wrote:  State of Florida is next

Currently crafting a Name, Image, and Likeness Bill


Right on! And West Virginia will be in the mix:


ETA: So far, that's

Colorado
Florida
Illinois
New York
South Carolina
Tennessee
Washington
West Virginia

Any missed?

If all those states pass legislation, the battle is already over for the NCAA.

Add Pennsylvania and North Carolina to the list.

So, there are at least 24 Power 5 schools that would be directly affected by new state laws? Including 7 from the PAC 12, 9 from the ACC, 4 from the SEC, and 3 from the Big Ten:

USC, UCLA, Stanford, Cal, Colorado, Florida, Florida State, Miami, Illinois, Northwestern, Syracuse, North Carolina, NC State, Duke, Wake Forest, Clemson, South Carolina, Tennessee, Vanderbilt, Washington, Washington State, WVU, Penn State, and Pitt.

And, another 20 Group of 5 or independent schools that would be directly affected, with 5 from the MWC, 5 from the AAC, 5 from the CUSA, and a couple from the Sun Belt:

Fresno State, SDSU, SJSU, CSU, Air Force, UCF, USF, FIU, FAU, Army, Buffalo, Coastal Carolina, ECU, Appalachian State, Charlotte, Memphis, MTU, Marshall, Temple.

Yeah, it's change or be replaced for the NCAA.
10-01-2019 11:40 AM
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Post: #97
RE: California Schools Will Not Be Part Of The NCAA In 2023 If Newsom Signs The Bill
Add Minnesota to the list of states seeking to join the NIL rush:

10-01-2019 12:35 PM
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DavidSt Offline
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Post: #98
RE: California Schools Will Not Be Part Of The NCAA In 2023 If Newsom Signs The Bill
(10-01-2019 11:40 AM)YNot Wrote:  
(10-01-2019 05:53 AM)otown Wrote:  This is very interesting. What happens if an athlete signs with Nike and part of the deal is to wear Nikes, but he is at an Adidas school. Can the athlete sue the university if they prohibit him from wearing Nike's during the game, thus preventing him from fulfilling his endorsement deal?
A similar situation happened at UCF with marcus jordan wanting to wear Jordan's for bball. It resulted in the school actually signing a new contract with Nike.

(10-01-2019 08:13 AM)TripleA Wrote:  
(09-30-2019 08:27 PM)chester Wrote:  
(09-30-2019 10:49 AM)Rube Dali Wrote:  Florida is the newest legislature to join in. And the lead sponsor is a Republican:

https://twitter.com/DanMurphyESPN/status...2356207617

(09-30-2019 02:09 PM)ArmoredUpKnight Wrote:  State of Florida is next

Currently crafting a Name, Image, and Likeness Bill


Right on! And West Virginia will be in the mix:


ETA: So far, that's

Colorado
Florida
Illinois
New York
South Carolina
Tennessee
Washington
West Virginia

Any missed?

If all those states pass legislation, the battle is already over for the NCAA.

Add Pennsylvania and North Carolina to the list.

So, there are at least 24 Power 5 schools that would be directly affected by new state laws? Including 7 from the PAC 12, 9 from the ACC, 4 from the SEC, and 3 from the Big Ten:

USC, UCLA, Stanford, Cal, Colorado, Florida, Florida State, Miami, Illinois, Northwestern, Syracuse, North Carolina, NC State, Duke, Wake Forest, Clemson, South Carolina, Tennessee, Vanderbilt, Washington, Washington State, WVU, Penn State, and Pitt.

And, another 20 Group of 5 or independent schools that would be directly affected, with 5 from the MWC, 5 from the AAC, 5 from the CUSA, and a couple from the Sun Belt:

Fresno State, SDSU, SJSU, CSU, Air Force, UCF, USF, FIU, FAU, Army, Buffalo, Coastal Carolina, ECU, Appalachian State, Charlotte, Memphis, MTU, Marshall, Temple.

Yeah, it's change or be replaced for the NCAA.


Take out the military schools since they are different and are actually employees of the US Government already.

We could add Maryland to the list as well.

Now, these bills includes all of D1, D2 and D3 and NAIA. Colorado law would have athletes at Colorado Mines to get paid as well. California's law will only show that only a few players out of the 1000s will be able to sell their names and likeness. I think with EA sports deal should go to the NCAA for them to allocate to all NCAA schools from all levels. There are board games on college football that used names and likeness of players that were D1 like University of Chicago, M.I.T., Case, Western Reserve, Carnegie and others.

[Image: bowl-bound-college-football-board_1_1a59...80aa8a.jpg]

I have this game since the 1980s.

[Image: bowl-bound-sports-illustrated-college_1_...585288.jpg]

[Image: bowl-bound-vintage-college-football_1_ae...bcdc38.jpg]

They stooped making them when EA Sports did as well. The newer ones have newer teams as well like Boise State. Both Montana and Idaho were included in the old ones just like the Ivy League schools.
10-01-2019 12:43 PM
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Post: #99
RE: California Schools Will Not Be Part Of The NCAA In 2023 If Newsom Signs The Bill
By my geographical math, only 2 Division I conferences aren't affected by this NIL rush: the Southland and the SWAC.
10-01-2019 12:49 PM
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Post: #100
RE: California Schools Will Not Be Part Of The NCAA In 2023 If Newsom Signs The Bill
(10-01-2019 12:43 PM)DavidSt Wrote:  
(10-01-2019 11:40 AM)YNot Wrote:  
(10-01-2019 05:53 AM)otown Wrote:  This is very interesting. What happens if an athlete signs with Nike and part of the deal is to wear Nikes, but he is at an Adidas school. Can the athlete sue the university if they prohibit him from wearing Nike's during the game, thus preventing him from fulfilling his endorsement deal?
A similar situation happened at UCF with marcus jordan wanting to wear Jordan's for bball. It resulted in the school actually signing a new contract with Nike.

(10-01-2019 08:13 AM)TripleA Wrote:  
(09-30-2019 08:27 PM)chester Wrote:  
(09-30-2019 10:49 AM)Rube Dali Wrote:  Florida is the newest legislature to join in. And the lead sponsor is a Republican:

https://twitter.com/DanMurphyESPN/status...2356207617

(09-30-2019 02:09 PM)ArmoredUpKnight Wrote:  State of Florida is next

Currently crafting a Name, Image, and Likeness Bill


Right on! And West Virginia will be in the mix:


ETA: So far, that's

Colorado
Florida
Illinois
New York
South Carolina
Tennessee
Washington
West Virginia

Any missed?

If all those states pass legislation, the battle is already over for the NCAA.

Add Pennsylvania and North Carolina to the list.

So, there are at least 24 Power 5 schools that would be directly affected by new state laws? Including 7 from the PAC 12, 9 from the ACC, 4 from the SEC, and 3 from the Big Ten:

USC, UCLA, Stanford, Cal, Colorado, Florida, Florida State, Miami, Illinois, Northwestern, Syracuse, North Carolina, NC State, Duke, Wake Forest, Clemson, South Carolina, Tennessee, Vanderbilt, Washington, Washington State, WVU, Penn State, and Pitt.

And, another 20 Group of 5 or independent schools that would be directly affected, with 5 from the MWC, 5 from the AAC, 5 from the CUSA, and a couple from the Sun Belt:

Fresno State, SDSU, SJSU, CSU, Air Force, UCF, USF, FIU, FAU, Army, Buffalo, Coastal Carolina, ECU, Appalachian State, Charlotte, Memphis, MTU, Marshall, Temple.

Yeah, it's change or be replaced for the NCAA.


Take out the military schools since they are different and are actually employees of the US Government already.

Can student-athletes at the military schools currently make money off their name, image, and likeness?

If so, I did not know that and I am surprised.

If not, keep them on the list...it will make a difference.

(10-01-2019 12:43 PM)DavidSt Wrote:  We could add Maryland to the list as well.

Now, these bills includes all of D1, D2 and D3 and NAIA. Colorado law would have athletes at Colorado Mines to get paid as well. California's law will only show that only a few players out of the 1000s will be able to sell their names and likeness. I think with EA sports deal should go to the NCAA for them to allocate to all NCAA schools from all levels. There are board games on college football that used names and likeness of players that were D1 like University of Chicago, M.I.T., Case, Western Reserve, Carnegie and others.

[Image: bowl-bound-college-football-board_1_1a59...80aa8a.jpg]

I have this game since the 1980s.

[Image: bowl-bound-sports-illustrated-college_1_...585288.jpg]

[Image: bowl-bound-vintage-college-football_1_ae...bcdc38.jpg]

They stooped making them when EA Sports did as well. The newer ones have newer teams as well like Boise State. Both Montana and Idaho were included in the old ones just like the Ivy League schools.

If my memory serves correctly, EA Sports never really had any FCS schools in its lineup and definitely no names or likeness of FCS players. You had like 4 alternatives for an FCS opponent - FCS West, FCS South, FCS Midwest, FCS East...something like that.

I see no reason why the EA Sports money that is related to the use of players' names and likenesses should go to the NCAA...let alone that the NCAA would allocate that to all NCAA schools from all levels. That money should go to the players whose actual names and likenesses are used in the video game.
10-01-2019 02:05 PM
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