College Sports Law: Federal NIL Looms, Collective Future, New Athlete Transfer Regs, and Gamecocks' "Claw & Order" Dispute

Welcome back to the intersection of Sports and the Law!

There is potential news on the horizon for the NIL space and college sports. Dan Greene (@DanGreene15) and Brendan Bell (@_bbell5) join to help break down the latest. There are currently two competing federal NIL bill that have been proposed. (3:13) One bill covers an all-encompassing student-athlete health and safety beyond NIL. The other bill is more NIL focused and is NCAA friendly providing antitrust protections for the NCAA. There have been a number of NIL federal bills proposed but none have gained any traction. Currently NIL is still in a state of "wild, wild west" and certain states have their own NIL laws. There is still a need for regulating collectives which has been addressed in the IRS code recently.

The NCAA has passed rules regarding the transfer window. (15:45) The NCAA will limit, depending on your sport, a time window when student-athletes will be able to transfer. The transfer rules coupled with the lawless NIL era has created a "free agency" dynamic in college sports that last year.

T.A. Cunningham has been deemed eligible by California Interscholastic Federation Southern Section. (23:55) T.A. is a top high school football prospect who moved from Georgia to California and was initially ruled ineligible by CA. Georgia does not permit NIL for college athletes, but CA does. Because there are some states that do not permit NIL for high school athletes, there will be more athletes that are recruited to a state that does have NIL for high school athletes. 

The college football playoffs will be expanded from 4 to 12 teams by 2026. (32:43) There are a lot of issues that need to be figured out before that time, including TV deals and revenue sharing. College football is also navigating conference realignment.

Memphis basketball was investigated for recruiting violations but escaped the serious punishment of a postseason ban. (39:26) Head coach, Penny Hardaway, (who was a booster at the time) was alleged to have provided money to James Wiseman's family to move them to Memphis. Memphis still received three years of probation and a $5,000 fine. NCAA determined that Memphis failed to inform their boosters, meaning Hardaway, of the proper conduct and reporting. The NCAA also ruled to vacate all wins that Wiseman played in, which only turned out to be one game.

The interesting legal story of the namesake of the mascot for the University of South Carolina which is the Gamecocks. (44:46)

Dan and Conlan are back with the betting segment sponsored by Bettor Edge. (58:21) Make sure that you head over to bettoredge.com and use the promo code "Conduct" for $20 free for bets or go to bettoredge.com/conduct.

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Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law)

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