guthrie

August 8th, 2014 at 7:06 PM ^

At first blush, it seems to mean the players are gonna get a pretty small amount of money (cost of attendance + $5,000 per year) compared to what they are bringing in for the schools/NCAA/networks.  It also seems to mean that the judge feels these students are incapable of managing that $5,000 per year on their own until they graduate.

Mmmm Hmmm

August 8th, 2014 at 7:50 PM ^

At least that is where the NCAA can cap it...if there is an appetite to cap it, especially amongst the newly autonomous Power 5 conferences.

It will be interesting to see how schools deal with holding money in trust, and whether NCAA rules will even regulate how much and on what terms a school may hold money in trust for a student. 

jermrs

August 8th, 2014 at 6:36 PM ^

beginning of the end?

"Wilken said the injunction will not prevent the NCAA from implementing rules capping the amount of money that may be paid to college athletes while they are enrolled in school, but the NCAA will not be allowed to set the cap below the cost of attendance."

GoBLUinTX

August 8th, 2014 at 7:14 PM ^

 

 

...but the NCAA will not be allowed to set the cap below the cost of attendance."

But look for many more lawsuits as the NCAA, the several conferences, and courts attempt to make specific out of the arbitrary.

grumbler

August 8th, 2014 at 7:22 PM ^

Well, the NCAA (or something exactly like it) will go away when intercollegiate sports does, but I don't understand your enthusiam for the death of intercollegiate sports.  It isn't like such an event would make pro sports any better.

grumbler

August 8th, 2014 at 8:28 PM ^

Unfortunately, you need uniform rules for intercollegiate sports (playing rules, recruiting rules, compensation rules, etc).  Thus, you need either the NCAA or something exactly like it.  I'd like to see the NCAA become competent, but any bureaucracy (and all such organizations are bureaucracies) are seldom competent.  I'd rather live with a semi-competent NCAA than do away with intercollegiate sports.

Most of the moaning I've heard from critics of the NCAA as a whole (not individual decisions, of which the NCAA has made many criticism-worthy examples) come from people who haven't thought it out.  How would you handle intercolledgiate sports in the absence of any common rules about game play, team size, etc?

thisisme08

August 8th, 2014 at 9:32 PM ^

SOME insitution will enter in its place, that much is for certain no matter the outcome.  If the NCAA would have seen the writing on the wall they would have started making these changes much sooner than now and continue to survive in a >75% capacity.  

I don't believe that the majority of the criticisim that you've heard about the NCAA revolves around the complete abolishment of the NCAA rather the fact that the So. Illionois Syacmores can no longer have the same say as a $100+ million dollar "Power 5" schools (i.e. the playing field is already un-level, let's let the Rich be rich).  Everyone realizes that you have to have a governing body to set playing standards even for your over-30 beer league softball team; it's not like your suddenly going to have 200+ scholarship players on a football team.  

I fully believe that this argument will come down to going to Michigan and having your room+car+off campus housing+ similar perks of a large school for or going to CMU and only having your tuition + on campus housing paid for.  In no way does this really change anything that isn't happening already; richer schools can give you more things/ even if you just ride the pine or you can go to a smaller school and hope you strike it rich by being a starter.  It's the 70's all over again 'cept with more (legal) money.        

grumbler

August 9th, 2014 at 8:11 AM ^

The NCAA doesn't have anything to do with the bowl games (until the NCA playoff was established), so that's a non-argument.  The argument that the NCAA doesn't do a good enough job at enforcement is a valid one, but that's on the university presidents who oversee the NCAA.  Getting rid of the NCAA or replacing it with the AACN wouldn't change that.

bronxblue

August 9th, 2014 at 2:33 PM ^

The NCAA is involved with the bowl games - they erect rules as to which teams are eligible for the bowls, work with the conferences in designing which teams are slotted for each game, and as the de-facto licensing arm for the teams they have some oversight over how the team's names and likenesses are used in the publicity surrounding the game.

rederik

August 8th, 2014 at 7:04 PM ^

This will last for the course of the weekend. On Monday, the NCAA will have its motion seeking a stay of the injunction pending appeal with the 9th Circuit. I'd hate to be one of the NCAA lawyers with plans this weekend, because those just got cancelled. (Although it could have been a lot worse for the NCAA too, as the stuff I read briefly seemed very much like what they've been discussing re: power 5 autonomy).

And while the course of the trial seemed to make this result--at least broadly (ie Platniffs win, to whatever degree)--fairly obvious... My mind is still pretty blown. Appeal or not, this is a BFD.

LSAClassOf2000

August 8th, 2014 at 7:12 PM ^

SBNation has there own take as well as an embed of the full opinion on their site - HERE

One potentially important note:

"However, the NIL rights ended up being the entire focus of the ruling. While schools will not be forced to pay athletes a certain amount of money above the full cost of attendance — that nuance could have a major impact on smaller schools with tighter budgets — the NCAA cannot stop them from doing so below $5,000."

So, the cap is uniform for now, and as they mention, this could be problematic for schools outside of the power conferences (and perhaps for a few schools IN those conferences). Skimming through it myself, the market didn't open up like some people thought it might, but the days of players making nothing at all seem over. for the moment (pending any successful appeal, of course, but no stay will happen, it seems, so for now this stands).

I think the Kessler suit is probably the one that, if it doesn't go in favor of the NCAA, forces the NCAA to reinvent itself or ceast to exist essentially. 

bronxblue

August 8th, 2014 at 9:48 PM ^

Yeah, might want to pump the breaks on that "almost never" claim considering a simple Google search shows MANY instances where that is the case.  Judges are aware that their decisions will be up for review, and oftentimes they use them to lay down a precedent for appeal.  But they are aware of the effects such decisions will have on affected parties, so in many circumstances they will stay enforcement pending review.

LordGrantham

August 8th, 2014 at 7:21 PM ^

I'm not sure which legal experts you're talking about, but many practicing sports lawyers, including our very own Sherman Clark from U of M, believe that the NCAA has the better case.  Claudia Wilken is one of the most liberal federal district court judges in the Western U.S.  Let's take this with a grain of salt.

bronxblue

August 8th, 2014 at 9:54 PM ^

This is how the legal system works - if everyone agreed on one side of the argument it wouldn't be before a judge.  Yes, Sherman Clark feels the NCAA has a strong case; Robert McCormick at MSU (who is a leading sports lawyer in his own right) disagrees and thinks NCAA athletes should be treated as employees.  

This is going to be appealed, but dismissing the judgment because of the political proclivities of the judge (when all judges typically display some biases) ignores the reality this decision points toward - the elimination of the NCAA's total control over amateur athletics at colleges.

grumbler

August 8th, 2014 at 7:18 PM ^

I think that this ruling is pure win.  The athletes get paid for the use of their likenesses, but the NCAA can limit the ability of bagmen to offer to buy $50,000 autographs if the recruit just signs on with Old State U.  

It will be interesting to see how the players will oraganize to leverage their share of the likeness fees - and I think they will have to do so, and that no one can stop them from doing so.  If they have ownership of their likeness rights, then presumably they have the right to create a mechanism by which they enforce thoat right.

sadeto

August 8th, 2014 at 10:41 PM ^

Sometimes it takes someone like a judge who probably doesn't give a damn about college football to state the obvious for you: 

“The fact that high-revenue schools are able to spend freely in these other areas cancels out whatever leveling effect the restrictions on student-athlete pay might otherwise have,” Wilken wrote. “The NCAA does not do anything to rein in spending by the high-revenue schools or minimize existing disparities in revenue and recruiting.”

So much for the competitive balance argument. She basically called a crock of shit, a crock of shit. 

vablue

August 9th, 2014 at 6:44 AM ^

Maybe it's just me, but this seems like a win for the NCAA. It limits payouts to $5k, which is essentially where they were going anyways. If I was the NCAA, I would not appeal this ruling. It is the best case scenario.