Summary: This case fiats the federal courts to make a ruling in the currently pending case of Jenkins v. NCAA.
Released: Filed Under: NCFCA Policy
About "Pay The Athletes (AFF)"
This case fiats the federal courts to make a ruling in the currently pending case of Jenkins v. NCAA. The basis of the case is that it alleges that NCAA is an illegal monopoly that is violating anti-trust law, restraining trade by forming a conspiracy of colleges who all agree together to not pay the athletes. If the courts rule in favor of Jenkins, the NCAA will be forced to drop its rule of “amateurism” in college sports. That is, colleges will be allowed to pay the athletes. Note carefully: they would not be “required” to pay them, only “allowed” to. Doing so would solve for the exploitation of athletes, who bring in millions of dollars to their schools for which they get nothing, and eliminate the incentives for all the recruiting and academic scandals that keep plaguing college sports.
Watch the news carefully for updates, since it is an open case currently active in the federal courts. A lot of experts think Jenkins will lose and the case will be appealed to the Supreme Court. If that happens, the inherency will likely be valid for the rest of the academic season. If Jenkins loses, players don’t get paid. Even if Jenkins wins, it will still get appealed and probably no payments to players would begin until the Supreme Court either refuses to hear the case or else hears it and agrees with Jenkins. If Jenkins somehow wins a final decision from the Supreme Court during the 2017-18 debate season, then you can’t run this case. If Jenkins wins in an appeal at the 9th Circuit Court of Appeals, you can keep running the case because that decision would only apply in States located within the jurisdiction of the 9th Circuit (West Coast). We would need the Supreme Court to settle it for the entire country. Keep doing research to know whether this is happening.
It would have been easier to fiat the NCAA change its rules, but probably not topical, since the NCAA isn’t “the United States,” which has to be the actor. Since federal courts are part of the United States government, they are a topical actor. This federal court ruling will have the same effect, by finding it illegal for the NCAA to continue its rule under anti-trust law, since the NCAA is operating as an illegal monopoly artificially setting wages for college athletes instead of letting the markets decide.
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