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either at media days or if you ever happen to be at a presser with the SEC commissioner.
Could the transfer rules be truly legally challenged? I just don't see how they could possibly be legally binding if a scholarship is only guaranteed year to year. Wouldn't that automatically terminate the contract? And once terminated, why should a student athlete be forced to drop a year or a division? Isn't that fundamentally against the right to pursue happiness? Also, what could possibly be the reasoning behind making a guy drop 2 years to transfer in conference when a coach can go from one team to another in a month? I ask this because I have been told that noncompete clauses are notoriously difficult to enforce legally. ANd that is what these are- noncompete clauses.
no w-2 equals no employment contract equals non-compete laws don't apply.
I just think a college player should challenge it. Basically CFB is indentured servitude at best and serfdom at worst.
This post was edited by SoGaFan 14 months ago
with regards to leagues... employment is with mlb, nfl, nba, nhl.
Contract rules (not laws) pertain within the boundaries of the league/association. I presume that ncaa would act in a similar fashion if this were an employment situation which it isn't. Noncompete wouldn't apply as the ncaa (or a league or association) can't compete with itself.
anything can be challenged. Winning and the cost of losing is another story.
Ncaa eligibility is a privilege and not a right.
That said... I wouldn't be shocked to see the nfl rules challenged at some point regarding years removed from high school to play in the nfl. That one would have money involved and is more likely to attract an attorney.
Well, If you are going to have to sit out two years anyway, then really what is the cost of losing?
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The plaintiff can't sue to change the rules. He/she can only sue for damages.
The damages aren't financial in nature. It is sitting out 1 year (which really isn't the case if the plaintiff chose to go JuCo). So the financial awards for winning are limited (the biggest benefit would be hopefully prompting a change in rules).
The cost of losing is paying for the attorneys used to take on the NCAA.
Asking an attorney to take on an extremely difficult and long case with the prospect of little financial gain should tell you all you need to know about the cost of losing the lawsuit.
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