2026 Badger Football Thread
- Thread starter Mark87
- Start date
- Messages
- 20,745
- Reaction score
- 8,117
NCAA to vote on proposal in April that would punish schools like Miami who signed Xavier Lucas after he unenrolled at UW and then enrolled at Miami.
www.cbssports.com
NCAA's latest transfer portal proposal takes aim at coaches, money in effort to deter post-spring tampering
If you recall the Xavier Lucas saga from a year ago, it's clear what the NCAA is trying to prevent moving forward
www.cbssports.com
and that will get thrown out too... SCOTUS told them they can't do that. Not sure why this concept is so hard. The highest court in the land made a ruling....everyone should abide by it and get the hell over it already.NCAA to vote on proposal in April that would punish schools like Miami who signed Xavier Lucas after he unenrolled at UW and then enrolled at Miami.
NCAA's latest transfer portal proposal takes aim at coaches, money in effort to deter post-spring tampering
If you recall the Xavier Lucas saga from a year ago, it's clear what the NCAA is trying to prevent moving forward
- Messages
- 2,833
- Reaction score
- 2,717
Yes, but things have changed. Different facts could lead to different results
- Messages
- 1,090
- Reaction score
- 1,229
Mark, we all understand that you are very pro-player in this discussion. But this loophole that agents have found kind of goes against the intent of what has previously been agreed upon - if this is ok, then we might as well throw out any transfer portal window and make it open 365 days/year. However, even "professional" athletes (with a contract) can't just quit their team and sign with someone else because they now have someone who can offer them a bigger contract.
- Messages
- 7,806
- Reaction score
- 7,425
i get what you're saying howard, and i have had the same thoughts. but, one thing i think we forget is that these student athletes are technically being paid for "name image & likeness" - not to play. i think that's what opens up this can of worms we have. the two are not inseparable. i think the whole situation is going to be very difficult to fix.
- Messages
- 1,090
- Reaction score
- 1,229
I agree. But if they sign a contract to get paid for "name, image & likeness" with team A; it seems like just being able to walk away is breaking a legally binding agreement.
- Messages
- 2,833
- Reaction score
- 2,717
Under the old NIL, somebody other than the University ("NIL PAYER") was paying the student to play at the University. The contract was between the NIL PAYER and the student ("OLD NIL CONTRACT"). The University was not a direct party to the OLD NIL CONTRACT. The University had very little if any rights arising out of the OLD NIL CONTRACT.
I believe the NIL PAYER may have had rights depending on how the OLD NIL CONTRACT was drafted to
Sometimes an NIL PAYER might actually benefit by a student leaving to another university. Imagine an NIL PAYER with a Badger who leaves and goes to the U of Miami. If the NIL PAYER had a National Presence, the NIL value had to increase when that kid played in the National Championship and will be on TV a whole heck of a lot more at Miami than he would have been at Wisconsin.
However, I've heard that the New NIL Contracts ("NEW NIL CONTRACT") are either entered into by the University, a University organization, or include the University as Third Party Beneficiaries. This creates a different situation and may give the University rights pursuant to the NEW NIL CONTRACT that were not provided to the University pursuant to the OLD NIL CONTRACT.
I reiterate that any NIL PAYER whether to a OLD NIL CONTRACT or a NEW NIL CONTRACT is a fool if they don't protect themselves. Many, many issues what happens if the student leaves the University? And, what about deals with incoming Freshman? Most states don't hold contracts with a Minor to be enforceable. I'm sure the NEW NIL CONTRACT has most of these situations addressed. If any of you decide to give some of your money to some kid in an NIL deal, give some to me first to protect your interests and advise you regarding the risks of the deal.
The OLD NIL CONTRACT was the first iteration, the NEW NIL CONTRACT is the second iteration of contracting a very complex issue. This isn't done. Most court rulings are narrow related to the facts presented. Many think they are not, but they are. That's why there are lawyer jokes, because we turn what appeared obvious and simple into not obvious and not simple. (I tell my clients, yes the jokes even apply to me, but I'm your jester. So, say them with a smile.) As the NIL contracts evolve, there will be tons of court rulings defining what's possible pursuant to the NIL deals.
I believe the NIL PAYER may have had rights depending on how the OLD NIL CONTRACT was drafted to
- Recoup moneys paid,
- Get out of obligations for future payments,
- Other contractual damages.
Sometimes an NIL PAYER might actually benefit by a student leaving to another university. Imagine an NIL PAYER with a Badger who leaves and goes to the U of Miami. If the NIL PAYER had a National Presence, the NIL value had to increase when that kid played in the National Championship and will be on TV a whole heck of a lot more at Miami than he would have been at Wisconsin.
However, I've heard that the New NIL Contracts ("NEW NIL CONTRACT") are either entered into by the University, a University organization, or include the University as Third Party Beneficiaries. This creates a different situation and may give the University rights pursuant to the NEW NIL CONTRACT that were not provided to the University pursuant to the OLD NIL CONTRACT.
I reiterate that any NIL PAYER whether to a OLD NIL CONTRACT or a NEW NIL CONTRACT is a fool if they don't protect themselves. Many, many issues what happens if the student leaves the University? And, what about deals with incoming Freshman? Most states don't hold contracts with a Minor to be enforceable. I'm sure the NEW NIL CONTRACT has most of these situations addressed. If any of you decide to give some of your money to some kid in an NIL deal, give some to me first to protect your interests and advise you regarding the risks of the deal.
The OLD NIL CONTRACT was the first iteration, the NEW NIL CONTRACT is the second iteration of contracting a very complex issue. This isn't done. Most court rulings are narrow related to the facts presented. Many think they are not, but they are. That's why there are lawyer jokes, because we turn what appeared obvious and simple into not obvious and not simple. (I tell my clients, yes the jokes even apply to me, but I'm your jester. So, say them with a smile.) As the NIL contracts evolve, there will be tons of court rulings defining what's possible pursuant to the NIL deals.
- Messages
- 1,090
- Reaction score
- 1,229
"i get what you're saying howard, and i have had the same thoughts. but, one thing i think we forget is that these student athletes are technically being paid for "name image & likeness" - not to play. i think that's what opens up this can of worms we have. the two are not inseparable. i think the whole situation is going to be very difficult to fix."
while they are getting paid for their "NIL" - saying it's "not to play" is a simplification as they are getting paid because they "are on the team to play". I think that's the can of worms - their NIL value is directly tied to their playing. They're not getting paid for NIL if they haven't committed to play on the team to start with.