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SEC and BIG ban pro players

AtlAtty said:
I actually think the leagues can do this and will win in court and here is why.

The leagues are not preventing the players from playing, as the NCAA was doing. Please see the post above from @bathtubgin.
By doing so, the NCAA was being accused of disparate treatment. The players from the 2022 recrutiing class argued that they had been treated differently than the 2023 recruiting class. And the players were correct. And because the players had never agreed to the rule change and were not even consulted, their only redress is in court.

The other problem for the NCAA is that their decision; recruiting class of 2023 v 2022, is arbitrary. There is no legal reason why the same rule change could not have been applied to the recruiting class of 2022. Add up the arbitrary rule, the disparate treatment and the lack of voice of the players in the construction of the rule, and the players win. Same reasons the players have been winning ever since the Alston case.

Leagues though are in a different legal posture because their members, the schools, agreed upon this rule change and it applies evenly to every school within the league. And the rule is not arbitrary as it applies to everyone regardless of the recruiting class or sports calendar. IMO, no court will tell a league that it cannot punish a league member if the league member violates an agreed upon rule not to use one of these players. In fact the league members may have to go to arbitration/mediation depending on the league contract, so court may not even be an option.

I expect these rules to be challenged because the players have the money to hire attorneys and attorneys like to be paid. And I expect the challengers to lose.
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All these conferences can ultimately say: "If you let these players play, you're disqualified from the championship and you're getting punishments on top"

It's within their jurisdiction to do just that. And it's good that they're enforcing it. I'm all for NIL and freedom for college players to make money, I'm not in favor of flipping between pros and college.
 
I don’t see Mario every doing this if that wasn’t the case we should bring Martinez back next year at rb to take Fletcher spot 😂
 
AtlAtty said:
I actually think the leagues can do this and will win in court and here is why.

The leagues are not preventing the players from playing, as the NCAA was doing. Please see the post above from @bathtubgin.
By doing so, the NCAA was being accused of disparate treatment. The players from the 2022 recrutiing class argued that they had been treated differently than the 2023 recruiting class. And the players were correct. And because the players had never agreed to the rule change and were not even consulted, their only redress is in court.

The other problem for the NCAA is that their decision; recruiting class of 2023 v 2022, is arbitrary. There is no legal reason why the same rule change could not have been applied to the recruiting class of 2022. Add up the arbitrary rule, the disparate treatment and the lack of voice of the players in the construction of the rule, and the players win. Same reasons the players have been winning ever since the Alston case.

Leagues though are in a different legal posture because their members, the schools, agreed upon this rule change and it applies evenly to every school within the league. And the rule is not arbitrary as it applies to everyone regardless of the recruiting class or sports calendar. IMO, no court will tell a league that it cannot punish a league member if the league member violates an agreed upon rule not to use one of these players. In fact the league members may have to go to arbitration/mediation depending on the league contract, so court may not even be an option.

I expect these rules to be challenged because the players have the money to hire attorneys and attorneys like to be paid. And I expect the challengers to lose.
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I agree with your reasoning. I wonder how the players would have standing to sue the NCAA or the conferences. For example, since the conferences have announced prospective punishment of the schools, would the players have to argue that they would be harmed under a theory similar to third-party beneficiaries?
 
Tony4Canes said:
They're not old

If any of the guys would have redshirted this would be it
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These rules a fckn joke. Bunch of _______________ activist judges. Your *** leaves school for the nfl and don’t make a roster. Oh well. Get a **** job.
 
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JBCanes-NC said:
These rules a fckn joke. Bunch of limp wrist ***gots and activist judges. Your *** leaves school for the nfl and don’t make a roster. Oh well. Get a **** job.
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I'm not the word police, but I think you should clean up the vocabulary you used, especially in light of current trends in society and the fact that while you're personally protected via a shield of anonymity, it's really a poor look.
 
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Lane train derailment.

train trainwreck GIF
 
Pixelated bukake said:
I agree with your reasoning. I wonder how the players would have standing to sue the NCAA or the conferences. For example, since the conferences have announced prospective punishment of the schools, would the players have to argue that they would be harmed under a theory similar to third-party beneficiaries?
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I think you are correct since the punishment is not directed at the players but they are a party that will be negatively impacted by the decisions.
Standing is an issue we could discuss for a long time on this subject.
 
Yep it's no different than the inter conference transfer rules. They've held up just fine. If I leave my firm they can't ban me from working but if I work for a competitor they sure as **** can fine me, take my profit sharing, and put a ton of restrictions on my prospecting to the point it's not worth it.
 
Great job by the SEC for taking the initiative on this. If these judges and courts are going to continue to be worthless then it’s on the conferences to enforce it. The thing I like about this is they’re avoiding any blowback from the courts by saying, “Ok, you wanna play this dude go right ahead we won’t stop him or punish him. What we will do is punish the HC and the school(financially).” They’re going to make it so punitive to play the guy that no school will want to touch him with a ten-foot pole. The line has got to be drawn somewhere folks, or eventually you’re going to have *insert name here* who’s on AARP, has grandkids, returning to college to get his NIL on. It’s just absolutely insane we’ve even gotten to this point in the first place.
 
BigXII announced their decision last night that they will not allow the move from NFL back to college. Hmm, what will the ACC do???
 
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