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Texas NIL bill
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Hokie4Skins Offline
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Texas NIL bill
This flies in the face of current NCAA rules, but doubtful the NCAA wants to see the inside of a courtroom again anytime soon.


Mit Winter
@WinterSportsLaw
Texas’ pending #NIL bill was sent to the governor for his signature today.

If signed, it will go into effect on July 1.

As a reminder, the bill provides that the NCAA cannot penalize a school for participating in or allowing activities authorized by the bill.

https://twitter.com/WinterSportsLaw/stat...3Fpage%3D1
05-25-2023 08:13 AM
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bryanw1995 Offline
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RE: Texas NIL bill
I'm not sure where this train is headed, but conflicting state NIL laws are likely to get the Federal Govt involved...which is rarely a good thing.
05-25-2023 01:28 PM
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dbackjon Offline
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RE: Texas NIL bill
(05-25-2023 08:13 AM)Hokie4Skins Wrote:  This flies in the face of current NCAA rules, but doubtful the NCAA wants to see the inside of a courtroom again anytime soon.


Mit Winter
@WinterSportsLaw
Texas’ pending #NIL bill was sent to the governor for his signature today.

If signed, it will go into effect on July 1.

As a reminder, the bill provides that the NCAA cannot penalize a school for participating in or allowing activities authorized by the bill.

https://twitter.com/WinterSportsLaw/stat...3Fpage%3D1

This part would not be valid. The NCAA is a voluntary association. If a school wants to do something outside of the MEMBER rules that they voluntarily agreed upon, then they have to take whatever punishment they get, or leave the association.
05-25-2023 01:35 PM
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dbackjon Offline
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RE: Texas NIL bill
What's next, the Texas Legislature passing a law that the Dallas Cowboys don't have to follow the NFL Salary Cap?
05-25-2023 01:35 PM
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dbackjon Offline
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RE: Texas NIL bill
(05-25-2023 01:28 PM)bryanw1995 Wrote:  I'm not sure where this train is headed, but conflicting state NIL laws are likely to get the Federal Govt involved...which is rarely a good thing.

The is one of the reasons FOR a federal government.
05-25-2023 01:36 PM
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Sicembear11 Offline
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RE: Texas NIL bill
(05-25-2023 01:28 PM)bryanw1995 Wrote:  I'm not sure where this train is headed, but conflicting state NIL laws are likely to get the Federal Govt involved...which is rarely a good thing.

It might be in this case. If there is any inclination whatsoever to preserving American college athletics, then the Feds have to get involved.

The NCAA model has been blown apart by SCOTUS, the incoming model would break the unique institution of college sports, the methods used to get us to pay-for-play per the NLRB arguments would extend to all other athletes at universities. There is a strong public support for fair compensation of athletes and there is strong support to not completely cripple the industry. These things can only be resolved with anti-trust exemptions and federal oversight.
05-25-2023 01:39 PM
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clunk Offline
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RE: Texas NIL bill
(05-25-2023 01:35 PM)dbackjon Wrote:  
(05-25-2023 08:13 AM)Hokie4Skins Wrote:  This flies in the face of current NCAA rules, but doubtful the NCAA wants to see the inside of a courtroom again anytime soon.


Mit Winter
@WinterSportsLaw
Texas’ pending #NIL bill was sent to the governor for his signature today.

If signed, it will go into effect on July 1.

As a reminder, the bill provides that the NCAA cannot penalize a school for participating in or allowing activities authorized by the bill.

https://twitter.com/WinterSportsLaw/stat...3Fpage%3D1

This part would not be valid. The NCAA is a voluntary association. If a school wants to do something outside of the MEMBER rules that they voluntarily agreed upon, then they have to take whatever punishment they get, or leave the association.
No organization can pass rules in violation of the Sherman Antitrust Act. The Alston SCOTUS decision should make that very clear. NIL is real and it's not going away.
05-25-2023 02:28 PM
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Hokie4Skins Offline
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RE: Texas NIL bill
A bill that is similar is about to be signed into law in New York as well, no doubt more states to follow.

Darren Heitner
@DarrenHeitner
A modified New York #NIL law would prohibit the NCAA from preventing colleges from identifying, facilitating, enabling, or supporting opportunities for athletes to earn NIL money.

It would also restrict the NCAA from penalizing a college for booster/collective activity.

https://twitter.com/darrenheitner/status...azfpBvJLpA
05-25-2023 03:11 PM
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