There's an article by Dan Wolken of USA Today about NIL's.

The NCAA is taking the position that NCAA Rules govern.

A Memo sent out Tuesday says in part "If a State Law permits certain
institutional action and NCAA legislation prohibits the same action,
institutions must follow NCAA legislation."

It will be interesting to see how this plays out.

The most important words in this entire article, and is what I have said from day one.

"We have seen enough from the NCAA over the last three years to realize it has no shot of regulating, investigating, or enforcing anything with regard to NIL. And, if the NCAA does try to take a school to task, the threat of litigation will prompt an instant backtrack."

I thought, "Well, duh", when I heard this. Almost everything that the NCAA prohibits, historically or presently, isn't against the law. The guys suspended in the NFL for gambling today didn't break the law. My company prohibits me from doing all sorts of things that wouldn't be against state law. I mean it can be against the law to prohibit things that the law guarantees that you always have a right to but that isn't what we are talking about. I don't see how the state law allows it can even be brought up. That argument should be immediately dismisses by anyone with a brain. It seems to me that the schools are saying we want an edge so we want to cheat so we are going to obviously cheat where everyone knows we are cheating and see if the punishment for cheating from a weakened NCAA can even outweigh the benefits from openly cheating.

If states are hell bent on helping their own programs they might pass laws that prohibit the NCAA from denying schools their right but if that happens they need to be kicked out of the NCAA regardless of if that hurts the school or the rest of the NCAA because they cannot exist within it. I mean you cant let there be an environment where a state says their players have a right to be as physical as they want while playing the game and this would be akin to that. If you are Legislating fake rights to gain an advantage you need to be blackballed.

I hate to try to debate the Ghost of Don Peden, but it seems to me that once they are employees you have the very unsavory situation of an educational institution running a pro team. We are close to that now, but this would make it so clear that even a Miami graduate could figure it out. This will degrade college football, and I think many people will decide if they want professional football they will just watch the NFL.

What you don't want is the liability of long term disability payments and workers compensation. There is a reason the NFL, MLB, and NBA worked hard to get those exemptions, exemptions that their upstart competitors have never been able to achieve.

The upstart competitors have always employed “rapidly going defunct” as a strategy to avoid all sorts of long term liabilities