Cannot thank @AndrewBrandt enough for such a wonderful week…very grateful to have been a part of this class and to learn from one of the best in the business!
A few initial thoughts re: @RepGusBilirakis' "FAIR College Sports Act":
(1) It says athletes can't be prohibited from earning compensation commensurate with market value. I thought we were done with this "market value" nonsense. Who is the arbiter of what is or is not market value? In my mind, market value is whatever someone is willing to pay.
(2) Athletes who no longer participate in intercollegiate sports competitions can rescind NIL agreements with a remaining term of more than a year. While this may be pro-athlete, it's also irrational and actually looks like compensation is being conditioned on play. Isn't that what the NCAA wants to avoid? Athletes and brands should be able to bargain freely and have contracts extended for as long as they freely bargain. Why should the federal government restrict negotiation?
(3) Institutions can prohibit deals if a provision conflicts with a provision of not only a contract of the institution but also a rule, regulation, "standard," or "other requirement." Basically, schools can block whatever they want for any reason they want.
(4) Agents cannot enter into representation agreements with athletes until 90 days after the athletes are enrolled at an institution. This ignores that many agents are starting to work with athletes when they are in high school (for the states that currently allow such NIL activity). Also, I hate the government interfering with athletes' choices to retain counsel at any point in their lives.
(5) The NCAA and any conference or school can prohibit an athlete from entering into an NIL agreement if the third party's product or service is "reasonably considered to be inconsistent with the religious values of an institution." Really?
(6) Schools, conferences, and the NCAA can put limits on the amount of time that athletes spend carrying out endorsement activities. There should be no limits on what athletes do in their free time. This has the look and feel of turning athletes into employees without giving them the benefits of employment.
https://t.co/1JpIMXndwF
Florida’s #NIL law has officially been amended.
No more prohibition on schools “causing compensation” and a major emphasis on educating athletes to set them up for success!
A humbling honor for any @BucknellU alum . Thank you @JohnBravman for the opportunity. Good luck Class of 2023 - see you in May . Go @Bucknell_MBB ! https://t.co/IDoWGKfXXH