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Rumor They Are Making Noise About A "Ruiz Rule"

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Atom Atlas said:
Last I checked the NCAA doesn't wield more authority than the Supreme Court.... The rules have been set and we're following them... If the NCAA now figures they wanna change the rules well go ahead and try... They just need to understand that by doing so they'll expose others dirty laundry more so than anything they expect to expose from us....
Let's understand that this is the same group of people that had a slam dunk case against us years back with the Shapiro fiasco and STILL found a way to ***** it up .... Until proven otherwise I see no reason to doubt anything Ruiz is doing and have no fear of any threats the NCAA wants to attempt to follow through on....
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I don't think you know what the Supreme Court does...and doesn't...actually do. They don't wield "authority" in this situation, and they don't "set rules". The Supreme Court ruled on one case and controversy in Alston, and it was NOT NOT NOT the NIL issue. The Court said that the NCAA cannot restrict EDUCATION-RELATED COMPENSATION. The Court did not actually rule on the issue of NIL. The (stupid) NCAA actually changed the NIL rules on its own, perhaps because it thought it would lose a FUTURE case, but the NCAA was NOT required to change the NIL rule due to Alston:



Last Term, in NCAA v. Alston5, the Supreme Court upheld a district court ruling that the National Collegiate Athletic Association (NCAA) rules limiting education-related compensation violated section 1 of the Sherman Act.6 Shortly after the Court’s decision, the NCAA voted of its own accord to allow a student athlete to receive compensation in exchange for use of their name, image, and likeness (NIL).7 Even after this series of changes, the NCAA still restricts the compensation that schools can provide directly to their athletes unrelated to education.8 Although the student athletes did not challenge the remaining rules in the Supreme Court, the Alston decision, combined with background principles of antitrust law that the Court did not consider, lays the groundwork for a successful future challenge to the NCAA’s restrictions on compensation unrelated to education.

5. 141 S. Ct. 2141 (2021).
6. See id. at 2151–52, 2166.
7. The Alston holding did not compel the NCAA’s NIL decision because the ruling left the NCAA’s rules limiting compensation unrelated to education undisturbed. See id. at 2165.
8. Id.



So let's review, shall we. The NCAA can still make rules related to NIL. Those rules MAY OR MAY NOT survive a FUTURE Supreme Court case. Obviously, the NCAA feels that the OLD system of prohibition will not survive, but there is no reason to believe that a new system involving SOME limitations wouldn't be able to withstand court scrutiny.

However, the concept of "nobody can do nothin'" is just incorrect. The NCAA botched this badly, as they went from a system of outright prohibition to "nearly anything goes", and it will require some surgical precision to now establish a "somewhere in the middle" situation. But there is NOTHING that prevents the NCAA from trying to stuff the toothpaste back into the tube, messy (and possibly fruitless) though it may be.

Also, please note that the Alston case had NOTHING to do with boosters. And decades worth of NCAA rule-making related to boosters still exists. And if the NCAA finally grows a brain and focuses its efforts on whether booster activity in the NIL arena constitutes an interference with CONTRACTUAL OBLIGATIONS (and make no mistake, the LOI is a contract), then I believe it would give the NCAA to survive court review.





If you want to learn more about NCAA v. Alston, here is a Harvard Law Review article:

harvardlawreview.org

NCAA v. Alston - Harvard Law Review

In January of 2021, as the coronavirus pandemic reached its peak in the United States, Alabama Crimson Tide football coach Nick Saban won his...
harvardlawreview.org harvardlawreview.org
 
TheOriginalCane said:
I don't think you know what the Supreme Court does...and doesn't...actually do. They don't wield "authority" in this situation, and they don't "set rules". The Supreme Court ruled on one case and controversy in Alston, and it was NOT NOT NOT the NIL issue. The Court said that the NCAA cannot restrict EDUCATION-RELATED COMPENSATION. The Court did not actually rule on the issue of NIL. The (stupid) NCAA actually changed the NIL rules on its own, perhaps because it thought it would lose a FUTURE case, but the NCAA was NOT required to change the NIL rule due to Alston:



Last Term, in NCAA v. Alston5, the Supreme Court upheld a district court ruling that the National Collegiate Athletic Association (NCAA) rules limiting education-related compensation violated section 1 of the Sherman Act.6 Shortly after the Court’s decision, the NCAA voted of its own accord to allow a student athlete to receive compensation in exchange for use of their name, image, and likeness (NIL).7 Even after this series of changes, the NCAA still restricts the compensation that schools can provide directly to their athletes unrelated to education.8 Although the student athletes did not challenge the remaining rules in the Supreme Court, the Alston decision, combined with background principles of antitrust law that the Court did not consider, lays the groundwork for a successful future challenge to the NCAA’s restrictions on compensation unrelated to education.

5. 141 S. Ct. 2141 (2021).
6. See id. at 2151–52, 2166.
7. The Alston holding did not compel the NCAA’s NIL decision because the ruling left the NCAA’s rules limiting compensation unrelated to education undisturbed. See id. at 2165.
8. Id.



So let's review, shall we. The NCAA can still make rules related to NIL. Those rules MAY OR MAY NOT survive a FUTURE Supreme Court case. Obviously, the NCAA feels that the OLD system of prohibition will not survive, but there is no reason to believe that a new system involving SOME limitations wouldn't be able to withstand court scrutiny.

However, the concept of "nobody can do nothin'" is just incorrect. The NCAA botched this badly, as they went from a system of outright prohibition to "nearly anything goes", and it will require some surgical precision to now establish a "somewhere in the middle" situation. But there is NOTHING that prevents the NCAA from trying to stuff the toothpaste back into the tube, messy (and possibly fruitless) though it may be.

Also, please note that the Alston case had NOTHING to do with boosters. And decades worth of NCAA rule-making related to boosters still exists. And if the NCAA finally grows a brain and focuses its efforts on whether booster activity in the NIL arena constitutes an interference with CONTRACTUAL OBLIGATIONS (and make no mistake, the LOI is a contract), then I believe it would give the NCAA to survive court review.





If you want to learn more about NCAA v. Alston, here is a Harvard Law Review article:

harvardlawreview.org

NCAA v. Alston - Harvard Law Review

In January of 2021, as the coronavirus pandemic reached its peak in the United States, Alabama Crimson Tide football coach Nick Saban won his...
harvardlawreview.org harvardlawreview.org
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They can word it anyway they want .. end result was The Supreme Court made a decision and every action the NCAA made after was a direct result of it... They knew they got their legs cut out from under them... Like you said The NCAA can make rules but they may or may not survive the Supreme Court.. Based on prior rulings there's every indication it won't survive....Even more so the fact that it would end up back there shows the NCAA has to answer for their actions... The door has been busted wide open , it's not closing again... Ruiz will have enough legal firepower on his side to thwart anything the NCAA tries....
Plus as I said they should be careful if by chance this is a "going after Miami thing" because they could potentially get a lot of others schools jammed up.... As I said before they already tried to do stupid crap with us when they actually had a case in the Shapiro stuff and screwed that up... I'm not really worried going forward..
 
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Not reading through this thread but I’m pretty sure Florida law already prohibits using NIL to recruit so all this would do is restrict everyone else the same way it already restricts us…

It would HELP miami not hurt.
 
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calinative umstudent said:
I thought there was like a technical requirement to be considered as a booster by the NCAA.... rather than just like anybody who supports publicly and buys football tickets.
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Remember the gator game a few years back? I gave money to the student athlete fund so I could get tickets directly from UM and avoid the aftermarket price gouging. Doing that made me a booster. I gave them enough that I was given tickets to the spring game that year. What I didn't realize was that I was kinda ******** myself. Because I had become a booster I couldn't take a high school aged kid to the spring game. I wanted to take my son who had just graduated 8th grade. I couldn't take him and it didn't matter that he was my son. I gave the tickets away to a guy on the forum. Now when I take my son and his buddies who play high school baseball, football, and run track, with me to Miami games I'm in violation of ncaa booster rules because I'm taking them on my dime. Free trip for them from a booster is no bueno. I can only imagine how much money Ruiz has given to Miami over the years.
 
MovingZen said:
Remember the gator game a few years back? I gave money to the student athlete fund so I could get tickets directly from UM and avoid the aftermarket price gouging. Doing that made me a booster. I gave them enough that I was given tickets to the spring game that year. What I didn't realize was that I was kinda ******** myself. Because I had become a booster I couldn't take a high school aged kid to the spring game. I wanted to take my son who had just graduated 8th grade. I couldn't take him and it didn't matter that he was my son. I gave the tickets away to a guy on the forum. Now when I take my son and his buddies who play high school baseball, football, and run track, with me to Miami games I'm in violation of ncaa booster rules because I'm taking them on my dime. Free trip for them from a booster is no bueno. I can only imagine how much money Ruiz has given to Miami over the years.
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Wow that's messed up that you could get your own son in trouble because of stuff like that....
 
TheOriginalCane said:
I don't think you know what the Supreme Court does...and doesn't...actually do. They don't wield "authority" in this situation, and they don't "set rules". The Supreme Court ruled on one case and controversy in Alston, and it was NOT NOT NOT the NIL issue. The Court said that the NCAA cannot restrict EDUCATION-RELATED COMPENSATION. The Court did not actually rule on the issue of NIL. The (stupid) NCAA actually changed the NIL rules on its own, perhaps because it thought it would lose a FUTURE case, but the NCAA was NOT required to change the NIL rule due to Alston:
Click to expand...

They may have not ruled on NIL, and the NCAA can probably make, and enforce existing rules regarding NIL, but Kavanaugh did have some scathing, blistering words for the NCAA that's making them tread very, verrrrrry lightly. Kavanaugh basically said that the NCAA has been a criminal organization for very, verrrrrry long time:

"Justice Kavanaugh concurred to note that the NCAA’s remaining rules restricting non-education-related compensation, challenged in the district court but not appealed in the Supreme Court, raised serious antitrust questions as well. Justice Kavanaugh emphasized three points: that the Supreme Court’s decision did not consider the legality of the non-education-related compensation rules, that the Court’s decision established that these rules would be analyzed under the rule of reason test, and that the Court’s decision raised serious questions about the legality of the remaining restraints under the rule of reason test. In challenging the NCAA’s argument that maintaining compensation restrictions is necessary to distinguish college athletics from professional athletics, Justice Kavanaugh stated: “Businesses like the NCAA cannot avoid the consequences of price-fixing labor by incorporating price-fixed labor into the definition of the product." Although Justice Kavanaugh did suggest that the NCAA could protect itself from future judicial scrutiny by engaging in collective bargaining with student athletes he also flatly concluded that “nowhere else in America can businesses get away with agreeing not to pay their workers a fair market rate on the theory that their product is defined by not paying their workers a fair market rate. . . . The NCAA is not above the law.”
 
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Atom Atlas said:
Wow that's messed up that you could get your own son in trouble because of stuff like that....
Click to expand...
Yeah, the whole thing was a big surprise to me. I was so happy thinking about the spring game tickets. I was gonna be able to be on the field and meet the players and coaches. Then the booster stuff shows up in the mail and I can't take the one person I wanted to go with me. I was happy with Miami tho, they let me give the tickets to another guy who was able to take his son.. because he wasn't high school age.
Side note: Son runs track now, 110 HH and 400 hurdles. Went to his meet last night and watched a kid break the state record in the 110 high hurdles. It's pretty cool to watch a kid just ******* destroy the field (including my boy :(). I swear it seemed like that kid won by 20 yards over the next closest guy. So smooth.
 
I love what Ruiz is doing for the school and I even appreciate being very vocal to some degree in the beginning because then after that you don’t really need to because if you know you know, but he’s also starting to come across as the guy who will show up for the opening of the garage door and an old school car salesman and he could be better about it
 
MovingZen said:
Remember the gator game a few years back? I gave money to the student athlete fund so I could get tickets directly from UM and avoid the aftermarket price gouging. Doing that made me a booster. I gave them enough that I was given tickets to the spring game that year. What I didn't realize was that I was kinda ******** myself. Because I had become a booster I couldn't take a high school aged kid to the spring game. I wanted to take my son who had just graduated 8th grade. I couldn't take him and it didn't matter that he was my son. I gave the tickets away to a guy on the forum. Now when I take my son and his buddies who play high school baseball, football, and run track, with me to Miami games I'm in violation of ncaa booster rules because I'm taking them on my dime. Free trip for them from a booster is no bueno. I can only imagine how much money Ruiz has given to Miami over the years.
Click to expand...

Complete, illogical overreach by an illegitimate organization. Why it's taken this long to challenge their nonsensical rules is beyond me. They've also prohibited HS teams from playing in College stadiums, that's why the State Championship game isn't played at Hard Rock anymore.
 
Danny Kanell is a **** boy

Also, **** the PAC-12. Sorry *** pathetic *** conference hating cuz they already ******* suck & now the gap is getting even wider with NIL
 
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MovingZen said:
Yeah, the whole thing was a big surprise to me. I was so happy thinking about the spring game tickets. I was gonna be able to be on the field and meet the players and coaches. Then the booster stuff shows up in the mail and I can't take the one person I wanted to go with me. I was happy with Miami tho, they let me give the tickets to another guy who was able to take his son.. because he wasn't high school age.
Side note: Son runs track now, 110 HH and 400 hurdles. Went to his meet last night and watched a kid break the state record in the 110 high hurdles. It's pretty cool to watch a kid just ******* destroy the field (including my boy :(). I swear it seemed like that kid won by 20 yards over the next closest guy. So smooth.
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Nice... Glad you did the right thing and not risk getting your son in trouble.... Sorry he got blown away at the meet .. 🤣🤣
 
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MovingZen said:
when did kill become a censored word? Must be part of the new format.
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The site now censors a 4-letter word that starts with w and ends with d, which is a slang word for recently legalized smokable tobacco.

Go figure.

Now I have to go mow my lawn and pull some weeds...
 
CaneSince4Ever said:
They may have not ruled on NIL, and the NCAA can probably make, and enforce existing rules regarding NIL, but Kavanaugh did have some scathing, blistering words for the NCAA that's making them tread very, verrrrrry lightly. Kavanaugh basically said that the NCAA has been a criminal organization for very, verrrrrry long time:

"Justice Kavanaugh concurred to note that the NCAA’s remaining rules restricting non-education-related compensation, challenged in the district court but not appealed in the Supreme Court, raised serious antitrust questions as well. Justice Kavanaugh emphasized three points: that the Supreme Court’s decision did not consider the legality of the non-education-related compensation rules, that the Court’s decision established that these rules would be analyzed under the rule of reason test, and that the Court’s decision raised serious questions about the legality of the remaining restraints under the rule of reason test. In challenging the NCAA’s argument that maintaining compensation restrictions is necessary to distinguish college athletics from professional athletics, Justice Kavanaugh stated: “Businesses like the NCAA cannot avoid the consequences of price-fixing labor by incorporating price-fixed labor into the definition of the product." Although Justice Kavanaugh did suggest that the NCAA could protect itself from future judicial scrutiny by engaging in collective bargaining with student athletes he also flatly concluded that “nowhere else in America can businesses get away with agreeing not to pay their workers a fair market rate on the theory that their product is defined by not paying their workers a fair market rate. . . . The NCAA is not above the law.”
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and you aren't even a lawyer.

remarkable.
 
Rellyrell said:
Lol; what did I say ya’ll? Lol. I said as SOON as Miami gets involved w/ NIL, the NCAA will then look in to it.

I love Ruiz, but I also move in silence. I was cool w/ the stadium talk, his biz, etc. But just knowing how creepy The NCAA’s obsession w/ us, I was like man, I don’t like our NIL biz being put on front street, b/c of the pay - for - play clause which is in the NIL bylaws.
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It didn't matter, even if he were quiet they would have noticed eventually. Once we start winning, they'd start snooping.
 
Bender said:
Theres also no mention of Miami being throughly investigated. Theres nothing there, at all.
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I think the point is that most of us assume the NCAA will be out to get us. For example, I believe when they start looking into things they'll find that collectives are fine and the real issue outside companies "recruiting". It will somehow turn out it's impossible to be sure these companies aren't doing that so there needs to be regulation there. I think they're not stating it correctly because they don't understand what's really happening, but once they do they'll zero in on regulations that will coincidentally hurt Miami more than bama. Bottom line, I can't imagine any regulation that's going to benefit us.
 
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