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Username Post: Major change in college sports (including basketball)        (Topic#25333)
Stuart Suss 
PhD Student
Posts: 1439

Loc: Chester County, Pennsylva...
Reg: 11-21-04
06-21-21 10:32 AM - Post#324823    

The NCAA is subject to antitrust regulation.

Narrow opinion with broad implications. See Justice Kavanaugh's concurring opinion (final five pages of the link) for the possibilities.



 
palestra38 
Professor
Posts: 32683

Reg: 11-21-04
Re: Major change in college sports (including basketball)
06-21-21 03:58 PM - Post#324835    
    In response to Stuart Suss

I just smile that a Federalist Society appointed judge calls for athletes to get their "fair share" of proceeds and argues for not as narrow a decision that can resolve the case but openly politics in a concurring opinion for a more far reaching outcome.

 
penn nation 
Professor
Posts: 21085

Reg: 12-02-04
Re: Major change in college sports (including basketball)
06-22-21 03:26 PM - Post#324848    
    In response to palestra38

Breaking up the antitrust racket, especially by MLB, would be awesome.

 
bradley 
PhD Student
Posts: 1842

Age: 74
Reg: 01-15-16
Re: Major change in college sports (including basketball)
06-24-21 06:37 PM - Post#324897    
    In response to Stuart Suss

I agree with the term that you used broad implications.

How will the IL respond to implications/changes. Will they be ahead of the curve or behind the curve. One can certainly make an educated guess as to how IL Presidents and Robin will respond.

 
Stuart Suss 
PhD Student
Posts: 1439

Loc: Chester County, Pennsylva...
Reg: 11-21-04
Re: Major change in college sports (including basketball)
06-24-21 07:37 PM - Post#324901    
    In response to bradley

Thirty years ago, the Ivy League was sued for an antitrust violation with respect to its financial aid policies. The Ivy schools entered into a consent decree with the Justice Department in 1991.

Currently, the Ivy League's right to grant financial aid on a need-only basis, and the Ivy League's refusal to offer merit scholarships (either to athletes or to non-athletes) exists pursuant to a congressionally granted exemption from the antitrust laws.

The statute granting the antitrust exemption to the Ivy League expires on September 30, 2022.

If the antitrust exemption is to be extended it will have to be extended by the current Congress, with its equally divided Senate and its closely divided House.

If the exemption expires, then the Ivies will not be able to agree on using a need-only financial aid policy for all students, without antitrust exposure. That antitrust exposure will exist without regard to the June 21, 2021 decision in NCAA v. Alston.

The $64,000 question is what will the Ivy League schools do in a post-September 30, 2022 legal and political environment?



 
Penndemonium 
PhD Student
Posts: 1877

Reg: 11-29-04
06-25-21 02:52 AM - Post#324903    
    In response to Stuart Suss

MLB also has an antitrust exemption. America's game is so un-American. That said, other sports act like monopolies without the exemption.

 
palestra38 
Professor
Posts: 32683

Reg: 11-21-04
06-25-21 08:47 AM - Post#324906    
    In response to Penndemonium

Supreme Court grants bargaining power to college athletes while essentially ensuring that migrant farm workers never can unionize.

Nuff Said.

 
Stuart Suss 
PhD Student
Posts: 1439

Loc: Chester County, Pennsylva...
Reg: 11-21-04
Major change in college sports (including basketball)
06-25-21 09:49 AM - Post#324909    
    In response to palestra38

To refocus the discussion on the Ivy League, not on professional athletes who have collectively bargained the restrictions of their respective sports . . .

In 2008-2009, Cornell attempted a form of merit scholarships in order to better compete with the rest of the league (see quote from their men's basketball coach, Steve Donahue). They were slapped down by the rest (or some of the rest) of the league.

In the athletic world which is fast arriving . . .
1. The gap between Ivy financial aid and Division 1 scholarships is wide, certainly for those Ivy students not receiving maximum, need-based financial aid.

2. The gap will become wider as Division 1 schools are permitted/required to enable their athletes to be compensated for NIL (name, image, likeness) and to receive other outside income or benefits on top of the athletic scholarship.

3. Harvard, Yale and Princeton are believed to have an advantage in today's legal environment with regard to financial aid offers (based on their greater endowments).

4. If, following September 30, 2022, the Ivies may no longer jointly agree not to provide merit scholarships, will one or more Ivy schools attempt a Cornell 2008-2009 style breakout from the status quo?


 
palestra38 
Professor
Posts: 32683

Reg: 11-21-04
Re: Major change in college sports (including basketball)
06-25-21 10:15 AM - Post#324912    
    In response to Stuart Suss

As to "4", Penn should break out, but won't. Not with Amy Gutmann as President. Maybe with a subsequent President, but I doubt it. It comes down to the belief among the 5 non HYPr schools (and, to a lesser extent Pr itself) that the identity of their institutions is far more tied to the academic image of the Ivy League than athletic success and they will not do anything to risk that. As long as Penn is consistently in the top 10 of US News ratings US and top 20 worldwide (no matter what anyone says about not caring about these ratings, they do), you won't see anything change on the athletic front that will in any way rock that boat.

 
Streamers 
Professor
Posts: 8141
Streamers
Loc: NW Philadelphia
Reg: 11-21-04
06-25-21 11:58 AM - Post#324928    
    In response to palestra38

Ever notice how Duke is always right there with Penn in nearly all those rankings?

 
palestra38 
Professor
Posts: 32683

Reg: 11-21-04
Major change in college sports (including basketball)
06-25-21 12:31 PM - Post#324930    
    In response to Streamers

Yes, but I don't think any of us think that Penn should simply have a pro team that mocks any semblance of a relationship to the school itself other than it ostensibly plays for it. Duke doesn't pretend to have one set of rules for everyone. My problem with the Ivy rules is that they favor the richest schools. We should not have to be limited to "matching" an offer from Harvard or Yale before we can give our athletes a comparable financial aid offer. We need to revise our conference wide policies, not drop out of the Ivies and try and join the ACC

 
welcometothejungle 
Masters Student
Posts: 788

Age: 27
Reg: 07-31-19
07-01-21 10:10 AM - Post#325098    
    In response to palestra38

https://ivyleague.com/news/2021/7/1/general -ivy-le...

The Ivy League announced this morning that Ivy League rules have been adjusted to allow athletes to participate in NIL activity

 
palestra38 
Professor
Posts: 32683

Reg: 11-21-04
07-01-21 10:17 AM - Post#325101    
    In response to welcometothejungle

I want to be the first to buy a Dingle Berry Shake at the Palestra!

 
T.P.F.K.A.D.W. 
PhD Student
Posts: 1169

Loc: Our Nation's Capital
Reg: 01-18-05
07-01-21 11:06 AM - Post#325105    
    In response to palestra38

Maybe Elon Musk will offer $5m to any basketball player to endorse Tesla.

That'll help get us back to the Final Four.

 
mbaprof 
Senior
Posts: 342

Age: 66
Reg: 12-24-11
07-01-21 05:19 PM - Post#325116    
    In response to T.P.F.K.A.D.W.

As of today Penn athletes can market themselves with Pa law in effect. Whats status in Mass , Ct and Ny?
Seems like players can pick up some cash from birthday parties etc
Dynamics in the Ivies are going to be interesting with lots of wealthy alumni

 
Silver Maple 
Postdoc
Posts: 3765

Loc: Westfield, New Jersey
Reg: 11-23-04
07-01-21 06:08 PM - Post#325118    
    In response to mbaprof

This is going to create a lot of opportunities for chicanery. Also shenanigans. Not to mention flim-flammery.

 
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