SEC Hot Topics: NIL and quote from UK President

UKnCincy_rivals

All-Conference
Aug 2, 2008
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Scary times as Kentucky (per normal) lagging WAY behind
UK is in the same boat as most other schools, so we’re not lagging “way behind.”

There are only a handful of SEC schools that are pushing the boundaries here and that’s because their respective state legislatures recently amended their NIL laws to permit the schools to do so. If you want UK to do similar things, then I’d suggest you take it up with the Kentucky legislature.
 

JPFisher

Heisman
Jul 24, 2013
6,066
10,713
113
UK is in the same boat as most other schools, so we’re not lagging “way behind.”

There are only a handful of SEC schools that are pushing the boundaries here and that’s because their respective state legislatures recently amended their NIL laws to permit the schools to do so. If you want UK to do similar things, then I’d suggest you take it up with the Kentucky legislature.
Why do something productive when it's much easier to anonymously whine at a scapegoat?
 

JHB4UK

Heisman
May 29, 2001
31,836
11,258
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Hahahahahaha

Seriously, some of y'all really think it is lowly nobody state legislatures pushing NIL boundaries? That Texas A&M is being dragged kicking and screaming to using its athletic foundation to pay NIL?

Really? Really.

Please be adults when talking adult topics. SEC schools call the shots on state NIL laws, not Rep Jimmy Jo Bob from Podunk city. Schools want to push NIL, the state legislatures do their bidding. It is infantile to assert otherwise, to ignore who is really driving this bus.

It is almost like some of you ignore that Stoops & Calipari went to Frankfort 2 yrs ago to spell out what was needed and why.

And also remember, the states are leading on NIL because the ncaa is completely incompetent and has rendered themselves totally irrelevant and toothless. 9-0.
 

UKnCincy_rivals

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Hahahahahaha

Seriously, some of y'all really think it is lowly nobody state legislatures pushing NIL boundaries? That Texas A&M is being dragged kicking and screaming to using its athletic foundation to pay NIL?

Really? Really.

Please be adults when talking adult topics. SEC schools call the shots on state NIL laws, not Rep Jimmy Jo Bob from Podunk city. Schools want to push NIL, the state legislatures do their bidding. It is infantile to assert otherwise, to ignore who is really driving this bus.

It is almost like some of you ignore that Stoops & Calipari went to Frankfort 2 yrs ago to spell out what was needed and why.

And also remember, the states are leading on NIL because the ncaa is completely incompetent and has rendered themselves totally irrelevant and toothless. 9-0.
Looks like you didn’t understand my post.
 
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cat_in_the_hat

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Jan 28, 2004
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UK is in the same boat as most other schools, so we’re not lagging “way behind.”

There are only a handful of SEC schools that are pushing the boundaries here and that’s because their respective state legislatures recently amended their NIL laws to permit the schools to do so. If you want UK to do similar things, then I’d suggest you take it up with the Kentucky legislature.
I know you are an attorney so you probably have a better since of how this all fits together than many. I have a question I would like you to expound on a little if you can. How can State law prohibit the NCAA from enforcing it's rules? The article mentioned that some State laws prohibit the NCAA from punishing schools when the law is in direct violation of NCAA rules. How can Missouri, for example, prevent the NCAA from placing Missouri on probation, or ruling that their team is not illegible for post season play for violating NCAA rules? I don't see how the State of Missouri has any legal authority to prevent an organization from enforcing its rules. What could they do if the NCAA enforced their rules in spite of State law? The NCAA isn't located in Missouri.
 
Apr 13, 2002
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While I don’t agree wjtb NIL concept…it is what it is

It is even sillier for state legislators to get involved. There are like a zillion problems that deserve state attention….NIL isn’t one of them.

This. The initial executive order became unnecessary a few days later and was well on the way to mootness even when it was signed. Like I posted back then, all it did was favor the schools and it hurt the kids.

Then the legislature wasted their time to pass a law that was completely unnecessary and also limited students.

They need to repeal both (assuming the EO is still out there even if operationally moot). This would restore flexibility to the school and the kid.
 
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JHB4UK

Heisman
May 29, 2001
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I thought the Title 9 comment about NIL being a violation since it was mostly earned by males was interesting.
Title 9 shouldnt apply to NIL if it is as intended, independent deals made by outside entities with college athletes. The deals from the article of getting athletic foundations involved in funding NIL could cause Title 9 equal funding of female sports to kick in.

My opinion on NIL at UK now is the same it has been for 3 yrs. We should be leaders, we should be groundbreakers. because our athletic dept is 12th or 13th in revenue of the 14 SEC schools. Nil is a way to even the playing field. We should have let kids wear their unis for ads, get coaches active supporting collective events,, everything, kitchen sink. Instead we have been and still are 6 to 12 months behind the active NIL programs nationwide.

So this article is the way it is always going to be for UK NIL....some new innovation is discussed then Pres Eli & Barnhart will be quoted saying "huh, we don't have anything like that, haven't even thought of it.".
 

JuniorBrady23

Redshirt
May 31, 2023
30
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Title 9 shouldnt apply to NIL if it is as intended, independent deals made by outside entities with college athletes. The deals from the article of getting athletic foundations involved in funding NIL could cause Title 9 equal funding of female sports to kick in.

My opinion on NIL at UK now is the same it has been for 3 yrs. We should be leaders, we should be groundbreakers. because our athletic dept is 12th or 13th in revenue of the 14 SEC schools. Nil is a way to even the playing field. We should have let kids wear their unis for ads, get coaches active supporting collective events,, everything, kitchen sink. Instead we have been and still are 6 to 12 months behind the active NIL programs nationwide.

So this article is the way it is always going to be for UK NIL....some new innovation is discussed then Pres Eli & Barnhart will be quoted saying "huh, we don't have anything like that, haven't even thought of it.".
independant outside entities? Sorry but Mitch Barnhart controls and holds back NIL.
 

ttoon52

All-Conference
Nov 2, 2009
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I think his statement is being blown out of proportion. The portion of the article where Capiluto is quoted is all about these schools who are trying to bring NIL under the umbrella of their existing donor structures and foundations. He’s simply saying that Kentucky isn’t exploring that because we don’t have a “Wildcat Foundation” or whatever for donors to give to. When Bill Gatton wants to give, he just cuts a check to the university and they name a building after him. So for NIL purposes, we’ll have to stick with the 15 Club and Commonwealth Causes. They’re both working just fine for football right now, and I feel confident Stoops and Co will continue to foster the relationships necessary to keep them working well for us.

Basketball on the other hand…🤷🏻‍♂️
 
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EdgeHD

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Sounds like President Eli needs to get his head out of his *** and get this foundation started and stop being a puzzy by acting like it can't be done.
independant outside entities? Sorry but Mitch Barnhart controls and holds back NIL.
You guys just refuse to understand how this works. There are plenty of ways you could try to understand the NIL rules if you were actually interested. It might not be as fun as whining like an angry child though.
 

The-Hack

Heisman
Oct 1, 2016
24,463
42,984
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You guys just refuse to understand how this works. There are plenty of ways you could try to understand the NIL rules if you were actually interested. It might not be as fun as whining like an angry child though.
Whining is always easier than writing a check!!
 

JuniorBrady23

Redshirt
May 31, 2023
30
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You guys just refuse to understand how this works. There are plenty of ways you could try to understand the NIL rules if you were actually interested. It might not be as fun as whining like an angry child though.
I guess you didn’t hear how Mitch is extorting companies and taking a cut of players money to approve NIL deals.

JHB4UK

All-American​

What roadblocks are they putting up? I’m trying to understand but no one gets specific.
And every deal must be approved by UK. What part of that don't you understand?
Read & learn, read & learn.

UK & Barnhart force their way I between UK athletes & the companies/orgs wanting to pay them. He won't approve them unless jmi & UK get a cut. Companies/organizations just waive hands in disgust at hundred million dollar athletic dept & greedy incompetent marketing company trying to steal money out of kids hands.

That's why Stoops has to beg, beg like a dog for money. And stop with the stupid **** that there isn't anyone with money willing to pay this because we are a poor ole coal state, jezus, its like some of you have no idea the millionaires in this state or who they back in sports. Barnhart didn't build 40 new luxury boxes that would be vacant you freaking morons.!!!

Just ignore the spammer who ain't here to talk UK football. who just shows up to flame anyone questioning the decline in UK football. Just here to spam and spam and spam.
 

The-Hack

Heisman
Oct 1, 2016
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Just ignore the spammer who ain't here to talk UK football. who just shows up to flame anyone questioning the decline in UK football. Just here to spam and spam and spam.
Thank God For you, JB23.

Since your arrival on Wednesday, I’ve recovered my hope for UK Football!!

Your 23 repetitive posts have changed the trajectory of the program.

I’ll ignore the spam, spam, spam of those “other” posters claiming we inked
The Number One Transfer QB in the Portal and then pulled a national Top 10 QB from the HS ranks.

Seriously, if you ignore the number of former HS 4 Star players we have accumulated, and the signing of Devin Leary, and if you forget we have the SEC’s leading returning tailback coming from Vandy, and several notable offensive linemen from small schools (like Alabama), yeah, verily, ignore all that and things are going to **** with UK football.

And Barnhart?

Barnhart shot three potential donors to UK NIL, execution-style, on Euclid Avenue, yesterday. And that kind of thing just doesn’t look good, I don’t care who you are.

But we have slim hope to survive, with newcomers like yourself!!
 
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JuniorBrady23

Redshirt
May 31, 2023
30
30
0
Thank God For you, JB23.

Since your arrival on Wednesday, I’ve recovered my hope for UK Football!!

Your 23 repetitive posts have changed the trajectory of the program.

I’ll ignore the spam, spam, spam of those “other” posters claiming we inked
The Number One Transfer QB in the Portal and then pulled a national Top 10 QB from the HS ranks.

Seriously, if you ignore the number of former HS 4 Star players we have accumulated, and the signing of Devin Leary, and if you forget we have the SEC’s leading returning tailback coming from Vandy, and several notable offensive linemen from small schools (like Alabama), yeah, verily, ignore all that and things are going to **** with UK football.

And Barnhart?

Barnhart shot three potential donors to UK NIL, execution-style, on Euclid Avenue, yesterday. And that kind of thing just doesn’t look good, I don’t care who you are.

But we have slim hope to survive, with newcomers like yourself!!
Mad at me when this comes from long time trusted Cats Illustrated poster JHB4UK. Mitch Barnhart is extorting businesses and players for their money… according to him. If true Daniel Cameron needs to get involved and investigate.
 

UKnCincy_rivals

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Aug 2, 2008
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Mad at me when this comes from long time trusted Cats Illustrated poster JHB4UK. Mitch Barnhart is extorting businesses and players for their money… according to him. If true Daniel Cameron needs to get involved and investigate.
You should really learn how NIL works before discussing it, because it’s very clear that you don’t at the moment.
 

UKnCincy_rivals

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I know you are an attorney so you probably have a better since of how this all fits together than many. I have a question I would like you to expound on a little if you can. How can State law prohibit the NCAA from enforcing it's rules? The article mentioned that some State laws prohibit the NCAA from punishing schools when the law is in direct violation of NCAA rules. How can Missouri, for example, prevent the NCAA from placing Missouri on probation, or ruling that their team is not illegible for post season play for violating NCAA rules? I don't see how the State of Missouri has any legal authority to prevent an organization from enforcing its rules. What could they do if the NCAA enforced their rules in spite of State law? The NCAA isn't located in Missouri.
States are free to pass laws that govern how business is conducted within their borders or how entities treat those residing in their states.

Let’s say there’s private equity firm based in Massachusetts that is buying up lots of residential real estate across multiple states to turn into rentals. Let’s also say that private equity firm has a standard policy for how they evict people (e.g., how much notice, time to vacate). If a state passes a law to protect renters that prohibits the PE firm from enforcing their policy as written, the private equity firm will simply have to comply with the requirements of that state.

Usually, state laws are successfully challenged when they violate that state’s own constitution, when there is a conflict with a federal law, it runs afoul of the commerce clause, etc.

The fact that multiple states have similar laws is what makes this a problem for the NCAA. If it was only one state, then maybe it’s worth taking the risk of challenging it in court. But the other problem is that the schools wouldn’t want the NCAA to enforce their rules anyway.

Let’s say only California had an NIL law two years ago. The schools would be required to comply with the law, which means the NCAA would essentially have to kick those schools out. If the NCAA did that, it would effectively destroy the PAC-12 so even the non-California schools would be up in arms. The California NIL law was well thought through from that perspective.
 

Bereacat

All-American
Jan 2, 2020
4,580
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You should really learn how NIL works before discussing it, because it’s very clear that you don’t at the moment.
I'm not disagreeing that a lot need to learn how it works and the Mitch stuff is crazy. The problem is many schools are not following those rules. It is the wild west with no one governing it at all. The artice from SI even calls it money laundering. It is a mess
 

UKnCincy_rivals

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Aug 2, 2008
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I'm not disagreeing that a lot need to learn how it works and the Mitch stuff is crazy. The problem is many schools are not following those rules. It is the wild west with no one governing it at all. The artice from SI even calls it money laundering. It is a mess
I agree with you that there are schools that aren’t following the rules and that things are messy right now.

The way I look at it though is that as long as college athletics have existed, there have been schools that haven’t followed the rules. The only thing that has changed over time is what that rule breaking looked like.

NIL is new, so of course there are people who are trying to exploit it as a new option. Personally, I believe things will eventually start to settle down. Transitional periods are frequently chaotic and I can understand why people are anxious at the moment, but I think that history shows that people tend to adjust to new normals and things usually calm down.
 

Bereacat

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Jan 2, 2020
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Will be interesting to see what kind of impact the latest IRS news has on the schools who are trying to funnel NIL through their foundations.


The only rival collective I know the name of is Spyre and it was setup for profit and is getting tons of donors. The big money donors don't use collectives anyway. They do like Brady James and do deals with the players themselves. As long as they do adds etc they can still write it off to some extent.
 

Anon1660081258

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Jun 20, 2013
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The only rival collective I know the name of is Spyre and it was setup for profit and is getting tons of donors. The big money donors don't use collectives anyway. They do like Brady James and do deals with the players themselves. As long as they do adds etc they can still write it off to some extent.
True, but I'd like to read a CPA or tax attorney's take on whether the service might challenge, at least in part, deduction as a business expense where marketing benefit seems to clearly fall short of the outlay. At what point does IRS say, "You made a gift, or paid him for services rendered State U., not your business."?
 

UKnCincy_rivals

All-Conference
Aug 2, 2008
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The only rival collective I know the name of is Spyre and it was setup for profit and is getting tons of donors. The big money donors don't use collectives anyway. They do like Brady James and do deals with the players themselves. As long as they do adds etc they can still write it off to some extent.
Yeah, the majority of collectives are set up as for profit entities, so they shouldn’t be impacted.

But university foundations are non-profits, and using the school’s foundation for NIL is one of the newer innovations in the NIL space. Using the foundation for NIL is also something that is alarming administrators at other schools.

I’ll be curious to see if this causes any schools to slow down. It’s possible for a university foundation to lose its tax exempt status. If I remember correctly, I believe that UL threatened to revoke the tax exempt status of their own foundation because the foundation was refusing to cooperate with the audit when Ramsey was president. I’d also be curious to speak with a tax expert to get their thoughts on this.