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The Supreme Court agreed on Wednesday to hear a case concerning whether the NCAA’s eligibility rules for student compensation violate federal antitrust law. Should the NCAA have the right to create a universal regime of amateur athletics? Is this dispute more of a legislative problem? Or is it an antitrust problem that should be resolved by the courts? In their penultimate podcast before Christmas break, David and Sarah discuss whether private employers can mandate COVID-19 vaccines, some hypothetical legal scenarios related to double jeopardy, and the culture wars surrounding Vanderbilt kicker Sarah Fuller. They also respond to a 3L listener’s email about Supreme Court original jurisdiction.
Show Notes:
-NCAA’s cert petition to Supreme Court, 9th Circuit ruling for NCAA antitrust case, and Supreme Court reversal statistics.
-“The College Athletes Who Are Allowed to Make Big Bucks: Cheerleaders” by Tess DeMeyer in the New York Times.
-Trans World Airlines Inc. v. Hardison
-“Can Private Employers Mandate COVID Vaccines?” by Josh Blackman in Reason.
-End of Discussion: How the Left's Outrage Industry Shuts Down Debate, Manipulates Voters, and Makes America Less Free (and Fun) by Guy Benson and Mary Katharine Ham.
See omnystudio.com/listener for privacy information.
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So this Liberal free market biz guy says PAY the athletes
A. They are adults.. duh. Any 18 year old can work, sign a contract. So no reason why Athletes can't sign contracts
B. By paying athletes, then money flows will be transparent and far less illegal actions will occur.
C. Allow Alumni to fund any amount. Millions
D. In Basketball.. take this example.
1. Kobe Bryant. The UCLA BB alumni fund offers $2M for Kobe's freshman year. The free market offer from the Lakers is $3M for the year. UCLA counters at $3.5M but says enough after the Lakers offer $4M to 18 yr old Kobe.
2. Missouri State Alumni includes a BB crazy billionaire. They pay the #2 18nur old $3M after the Warriors pass at $2.5M
3. Big and small colleges compete with the NBA for the next 20 ranked 18nur olds. The 20th ranked kid gets a $100,000 a year offer.
4. The market sorts talent by value. 18 yr old adults are no longer taken advantage.
5. Don't want to hear about... oh...the lacrosse and sailing and tennis team will wilt. They won't.
I would think 100% of conservatives would support talent making what the market would bear.
There are some of us with the 4th view. Katie Knida (https://www.katiehnida.com/) was the first woman to play, kick, and score points in Division I FBS football. The reason that David kept saying "power five" is because the crappy NCAA pointed out at the beginning of the episode has built a system that unfairly concentrates talent at a handful of schools, even giving them preference in all tournaments and championships. The University of Colorado, where she made the football team on her own merit as opposed to having to sub in late in the season, is in a "power five" conference and the University of New Mexico where she actually played in a game and kicked two extra points is in the same division as Vanderbilt.