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It isn't a one or the other situation because you keep ignoring the role
federal laws will play into the equation. There are plenty of examples on how the courts have ruled in cases involving the Civil Rights Act of 1964 and Title IX. Plus, the courts ruling on players being paid involved payments from external sources and directly from the schools. So you can't assume the courts will take the same approach if there ever comes a day when the schools are directly paying these athletes.
As I have noted in other posts as long as the academic side receives federal funding and the athletic side remains connected to the academic side, then the government has a vested interest in ensuring the schools comply with Title IX requirements in athletics. That means if VT wants to pay every football player a salary of $100,000, then it will have to provide that same benefit to every other athlete, male or female, because of Title IX and likely the Civil Rights Act of 1964. There are probably some other federal laws that would have a say in the matter that I am not thinking of off the top of my head. You may not agree with it or even like it, but federal law will always trump what the schools or the NCAA desire to do regarding this topic. This reality is what may prevent the schools from directly paying the athletes at some point in the future. If they do decide to pay them, then it will be at a lower salary regardless of what you believe is a player's "fair market value." Always remember a person's "fair market value" is only established when both parties agree on a value. You may think your fair market value is worth $100 million dollars. However, if the highest salary any potential employer is willing to offer you is $10,000 and you sign the contract, then guess what your "fair market value" is only worth $10,000. The other factor which can help determine a player's "fair market value" is whether the schools and the players' union agreed on a salary cap for each sport or the entire athletic department.
Thread Replies (49)
Loads of comments by Sankey today on ESPN
-- hokieZ71
Aug 02, 2022 at 02:49 PM ET
hokieZ71
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08/02/22 02:49 PM ET
Unfortunately the Golden Rule applies. Those with the gold make the rules.**
-- Hokester
Aug 03, 2022 at 01:55 PM ET
Hokester
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08/03/22 01:55 PM ET
ESPN's pushing Sankey as a "victim" & Fox's pushing the B1G as Civil Rights
-- Stech
Aug 02, 2022 at 07:15 PM ET
Stech
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08/02/22 07:15 PM ET
I like Sen. Murphy discussion in the article. Let big schools become feeder
-- cricket77
Aug 02, 2022 at 06:34 PM ET
cricket77
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08/02/22 06:34 PM ET
A little naïve of him to think that's possible
-- hokieZ71
Aug 03, 2022 at 08:40 AM ET
hokieZ71
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08/03/22 08:40 AM ET
That is my observation of where this will end up**
-- VTCALS72
Aug 03, 2022 at 08:07 AM ET
VTCALS72
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08/03/22 08:07 AM ET
Academic football will only be for D-2 and D-3....
-- Old Line Hokie
Aug 02, 2022 at 06:59 PM ET
Old Line Hokie
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08/02/22 06:59 PM ET
What is academic football?**
-- 33laszlo99
Aug 03, 2022 at 11:18 AM ET
33laszlo99
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08/03/22 11:18 AM ET
Ask cricket77. Just responding to his post.**
-- Old Line Hokie
Aug 03, 2022 at 11:30 AM ET
Old Line Hokie
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08/03/22 11:30 AM ET
But will there be any remaining D1 schools? Could be that D-1
-- VTCALS72
Aug 03, 2022 at 08:09 AM ET
VTCALS72
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08/03/22 08:09 AM ET
Can the DI schools afford to pay players for all the sports they sponsor?**
-- VTHokie2000
Aug 02, 2022 at 07:18 PM ET
VTHokie2000
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08/02/22 07:18 PM ET
They certainly can if they choose to allocate the money across all sports
-- HokieToph
Aug 03, 2022 at 12:15 PM ET
HokieToph
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08/03/22 12:15 PM ET
Legally the schools may not have a choice in the matter because I believe
-- VTHokie2000
Aug 03, 2022 at 08:55 PM ET
VTHokie2000
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08/03/22 08:55 PM ET
It does not appear possible.**
-- VTCALS72
Aug 03, 2022 at 09:27 AM ET
VTCALS72
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08/03/22 09:27 AM ET
I don't know. Depends on the school's revenue...
-- Old Line Hokie
Aug 02, 2022 at 07:49 PM ET
Old Line Hokie
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08/02/22 07:49 PM ET
You could pay 100 athletes 100k for what Kirby Smart is making alone.
-- BBBDatVT_
Aug 03, 2022 at 11:52 AM ET
BBBDatVT_
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08/03/22 11:52 AM ET
Tell us what you really think about non-rev Olympic sports! **
-- 133743Hokie
Aug 03, 2022 at 01:01 PM ET
133743Hokie
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08/03/22 01:01 PM ET
What i REALLY think is REALITY.
-- BBBDatVT_
Aug 03, 2022 at 03:48 PM ET
BBBDatVT_
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08/03/22 03:48 PM ET
Mentioned below. How come Fball and Bball coaches make millions more/yr?
-- BBBDatVT_
Aug 04, 2022 at 08:03 AM ET
BBBDatVT_
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08/04/22 08:03 AM ET
Except your reality may not be a realistic one given that all schools
-- VTHokie2000
Aug 03, 2022 at 09:52 PM ET
VTHokie2000
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08/03/22 09:52 PM ET
Disagree. Bball and Fball aren’t gonna be under the same umbrella as Tennis
-- BBBDatVT_
Aug 04, 2022 at 12:16 AM ET
BBBDatVT_
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08/04/22 12:16 AM ET
It doesn't matter what the pro leagues do because they don't receive
-- VTHokie2000
Aug 04, 2022 at 02:19 AM ET
VTHokie2000
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08/04/22 02:19 AM ET
I get all that, but while the lawsuits would come both ways.
-- BBBDatVT_
Aug 04, 2022 at 08:02 AM ET
BBBDatVT_
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08/04/22 08:02 AM ET
Again a player's "worth" has nothing to do with it as long as the school
-- VTHokie2000
Aug 04, 2022 at 09:12 AM ET
VTHokie2000
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08/04/22 09:12 AM ET
What about coaches? They all paid equally?**
-- BBBDatVT_
Aug 04, 2022 at 10:12 AM ET
BBBDatVT_
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08/04/22 10:12 AM ET
The reason it is tougher to prove for coaches and most professions is they
-- VTHokie2000
Aug 04, 2022 at 11:39 AM ET
VTHokie2000
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08/04/22 11:39 AM ET
WTH? So, these young impressionable kids shouldn’t earn a fare wage?
-- BBBDatVT_
Aug 04, 2022 at 01:05 PM ET
BBBDatVT_
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08/04/22 01:05 PM ET
It isn't a one or the other situation because you keep ignoring the role
◄
-- VTHokie2000
Aug 04, 2022 at 03:55 PM ET
VTHokie2000
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08/04/22 03:55 PM ET
Title IX will have a say on which sports the schools will be able to
-- VTHokie2000
Aug 02, 2022 at 08:26 PM ET
VTHokie2000
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08/02/22 08:26 PM ET
Does Title IX even apply? We're talking paid employees. Different ballgame
-- BBBDatVT_
Aug 03, 2022 at 04:06 PM ET
BBBDatVT_
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08/03/22 04:06 PM ET
Yes, I believe Title IX would still apply based on the original purpose of
-- VTHokie2000
Aug 03, 2022 at 08:41 PM ET
VTHokie2000
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08/03/22 08:41 PM ET
Players are employees of paid. Reason why Pry’s highest paid employee at VT**
-- BBBDatVT_
Aug 04, 2022 at 08:07 AM ET
BBBDatVT_
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08/04/22 08:07 AM ET
Title IX is the 🐘 in the room that no one is talking about on pay for play**
-- Stech
Aug 02, 2022 at 08:56 PM ET
Stech
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08/02/22 08:56 PM ET
Exactly which is why I think if the schools want to start paying the
-- VTHokie2000
Aug 02, 2022 at 09:14 PM ET
VTHokie2000
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08/02/22 09:14 PM ET
Completely agree. This is the issue that will likely end the College notion**
-- ColumbusHokie
Aug 03, 2022 at 07:05 AM ET
ColumbusHokie
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08/03/22 07:05 AM ET
Even if the athletic departments are spun off as independent entities, I do
-- VTHokie2000
Aug 03, 2022 at 08:50 PM ET
VTHokie2000
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08/03/22 08:50 PM ET
There were lawsuits by players that forced NIL and Transfer.
-- 4x4hokies
Aug 02, 2022 at 06:23 PM ET
4x4hokies
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08/02/22 06:23 PM ET
Ask the very conservative Supreme Court. They LOL'ed at the old system.
-- BBBDatVT_
Aug 03, 2022 at 11:27 AM ET
BBBDatVT_
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08/03/22 11:27 AM ET
don't they only get one free transfer? Only change is that they don't
-- reestuart
Aug 03, 2022 at 04:18 PM ET
reestuart
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08/03/22 04:18 PM ET
If anything, outright paying them, will result in less transfers.
-- BBBDatVT_
Aug 03, 2022 at 03:49 PM ET
BBBDatVT_
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08/03/22 03:49 PM ET
The legal change occurred because players
-- Pylons
Aug 03, 2022 at 07:13 AM ET
Pylons
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08/03/22 07:13 AM ET
It can be argued that collective greed screwed college football, not courts
-- hokieZ71
Aug 02, 2022 at 07:13 PM ET
hokieZ71
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08/02/22 07:13 PM ET
Dude this was a BIG corrupt business back in the 80s.
-- BBBDatVT_
Aug 03, 2022 at 11:41 AM ET
BBBDatVT_
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08/03/22 11:41 AM ET
Court said NCAA can't sell what (name, image, likeness) it doesn't own.
-- daveinop
Aug 02, 2022 at 07:06 PM ET
daveinop
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08/02/22 07:06 PM ET
Like Swarbrick said, there will be two spheres of influence
-- goldendomer
Aug 02, 2022 at 03:27 PM ET
goldendomer
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08/02/22 03:27 PM ET