The Smoak Stack Headlines of the Day | House v NCAA | Big 12 | UNLV

[Music] uh we're going to get into the Smoke Stack right now um anyhow uh we'll dive into this because we're just talking about it but the house for NCAA settlement is in danger in a hearing NCAA Council suggested it may be unwilling to change language that limits booster pay to athletes uh and a school president told Yahoo sports there's no reason to settle under these circumstances go to trial and here's the statement on the judge's request this and the settlement around the settle agreement and the NCAA an autonomy conference was submitted to the court was the product of hard-fought negotiations that would bring stability and sustainability to college sports while maintaining an education-based model that equips hundreds of thousands of students every year with degrees and tools to succeed throughout their life that continues to be our goal in the NCAA and autonomy conferences will carefully consider the Court's questions which are not uncommon in the context of class action settlements I cannot tell you how bad an idea it would be for them to go to trial it would be a tremendously bad idea it would bankrupt them if they lose and the fact that they've agreed to settle means that they think that they're going to lose and the NCAA never thinks they're going to lose even though they lose all the time so this is the first realization from them that hey we're we're probably not going to win this and this is over language in which the NCAA and the schools can limit nil collectives and and um they can approve or deny nil deals over $600 well if you look at what's going on in Tennessee and Virginia with that injunction what that injunction says is that you're not allowed to do that and so that language lives in here and Amanda christovich will talk about it later in much more detail but basically they need to take this Clause out and put in a very very light version of it and move on otherwise this thing's going to trial and who knows what they're thinking and what they decide but the power conferences are going to want like they really don't want this to get more expensive than it is right and if it goes to trial it almost certainly will because there's absolutely very low odds that they would have a chance at winning what is there any way or any way uh compromise that you could see the NCAA doing to kind of nip this in the bud without taking it to court like what do they need to put in place in order do they need to just say athletes if you have an opportunity that comes up to you um to give you nil money we can't have anything to do with it you're your own independent contractor per se and you get whatever comes to you and then like this confuses me I don't know what's going on yeah uh I don't know like they just have to take the CLA out like they just have to agree to a different thing so um if that if that's the Clause there's some other little things in there but the real issue hinges on this part of it about limiting the collectives what the NCAA doesn't seem to understand is that and I guess because they've operated outside of this for so long right but when it comes to the Mart of competitive Commerce to to quote Oh Brother Rell one of our Great American movies uh in the mar of competitive Commerce if I want to pay Emory for anything as long as I do that within the laws of the Constitution of these United States and within the state and city and municipality I live in as long as I'm adherent to all laws on the money Changing Hands taxes you know whatever I can give I can hire Emy to do anything so if my if I'm a booster and I want Emy to come to FSU and you tell me it you know they're trying to tell me that it it has to be for legitimate business purposes okay but I'm the business owner right so I can determine what legitimate business purposes are as long as those are again within the law it's not like I'm I'm using Emory to launder money what I'm going to do is emry is going to be the the face of my ad campaign that would be considered legitimate but if I want to pay him to show up at my office on Pizza Fridays and take five pictures and that's it then that's what I'm going to pay him for right is it stupid yeah but it's your money it's stupid but it's my money and you cannot get in the like it's also emy's money and you're blocking him from uh from a financial opportunity correct which as we've seen it's funny so we saw non-competes are now illegal for all of about like less than 1% of the population I actually have a friend who it applies to and I felt so bad for him but I mean you know um but yeah it's uh but like the non-competes are illegal why are non-competes illegal now because non-competes don't allow you to find gainful employment in something that you're skilled at yeah they screw you yes they're they they're not they're not really worth the paper they're printed on uh and like I understand for like highlevel Executives there needs to be like a a non-compete time because you're talking about trade secrets so I get that like but if you're a say news anchor and you know channel 40 Eyewitness News I on Wisconsin doesn't want you anymore and you know I on Chicago does then just because they might be you know right there across the border and competitive stations doesn't mean you can't go to is Chicago or go across town to mil to Milwaukee's best news right which I don't know if that's that seems like something legit up there yeah but you can't go to that one uh so again the NCAA just doesn't get it no they they just don't get it in this regard and they're trying so hard but they need to if they're going to move on with this and and move on with the settlement and the and the financial terms that are set forth in the settlement that obviously the power conferences were comfortable with uh because otherwise it wouldn't have been done anyway if they're going to move on with this then they absolutely 100% need to take it out and realize that's that's the L this is the L you're GNA take it's a permanent loss you're not gonna get it back that time is over you cannot restrict athletes in how they're going to make money and if I was one of their attorneys be like you know this is this particular Clause you even putting it in here is is a trap for you to get back in court as a matter of fact me zero days of law school zero hours zero minutes I've never set foot in a law school I've watched a crapload of Matlock but I've never I've never been in law school I saw that I brought it up on the show did to a couple of our expert guests I said this seems to me like the thing that'll hang it up and all of them were like Yep this is the thing that's going to hang it up and what happened like clockwork this thing hung it up because at the core of this this is what it's about so I just like I'm just intrigued to see like at this point what other like how long is it going to take to form a new governing body that comes in and overtakes the NCAA and how much of this is or what's slowing it down is the financial burden that's going to ultimately be for them like if they have to start picking up some of the payments that the uh NCAA were picking up where does that money come from and then does that hinder um like if you're an SEC or the Big 10 does that hinder your pay that you're getting and does that kind of even the field a little bit with i I don't know it's just kind of confusing I'm interested to see where this goes with what the new um future of College athletics is going to look like once this ultimately hits the fan yeah absolutely um sorry i' I've got I've got a lot going on today we have I actually have to step back in and do high school football tonight yeah uh and I just found that out like an hour ago yeah so I'm kind of dealing with a little bit of that tonight um by the way Brett bringham says I'm I'm confusing ND and and non-competes no I'm not I'm saying that the reason I believe that non-competes for like highlevel people that have trade secrets are there so you can't just immediately go over because these negotiations take months and months and months and things like that happen so you can't just go right over so yes that would be an NDA but like they want some time so that you can you know get out of the ecosystem for a minute before you jump back in and maybe know a bunch of things also I think that's because when high level Executives move from one place to another you see that they want to take their team with them so if you can keep them out of the water for nine months then you can keep some of those people that you wanted to keep But ultimately you know you're going to lose them so that's that's part of it so I but thank you Brett uh for for showing that I I I kind of overlapped it there but yeah this is this is just uh bad I'm gonna add something here Garrett that we don't have it just came down uh from Chris venini uh the ACC this week claimed that FSU and Clemson missed their opportunity to push back against the Le's contracts after approving them and accepting millions of dollars from them over the years in illegal response to the school's lawsuits um in its first clearly laid out defense of Fu in Clemson's lawsuit against the conference they ass that both schools missed their statute of limitations of three or four years depending on the state um so uh they cited media articles which is I don't I don't think uh really uh and the second key point was Maryland's withdrawal in 2013 there was a Ted to vote in the conference to increase the P penalty in 2012 um was opposed by Maryland and Florida State but supported by Clemson uh however all members accept Maryland voted to approve the litigation against Maryland for the withdrawal and accepted payment from it therefore the ACC claims FSU and Clemson have a can have a problem with the same withdrawal penalty in process now the wall withdrawal penalty is now around 140 million the grant of rights is created OB obviously after Maryland's departure so um gota love the irony in that for Clemson that's pretty funny yeah like that kind of makes you wonder like did did Florida State kind of have an outlook on where things might ultimately end up going and that's kind of why they took that that side would be the only one to side with Maryland in that I mean that's kind of intriguing if you really think about it yeah it is it is I mean look um I get well Plus at the time in 2013 you know Florida state was kicking around the idea of of of maybe leaving the Big 12 um if Texas Oklahoma would have left right yeah like or like to get Texas and Oklahoma to stay now I do think that it never got far down the road because I don't think Texas and Oklahoma wanted um FSU who just won especially not at that time no they didn't want the national champs coming in like that's not what they they wanted um absolutely would not have Oklahoma has beat him plenty of times but uh Texas FSU have never played and weird um you know I mean I'll just tell you historically from about 1984 on um say for two years Florida State's uh recruited better so um well I say for two years more like not like that but like you know in that period like between 2013 like say for a couple years in that like you know Florida state was was way better right you know so um that's not the case holistically I'm just talking about the bow and Jimbo time frame you're talking about a four-year stretch where you would consider Texas to be the better program overall in that period over Florida State but yeah like it feels like even then Florida State they had an idea they had an idea I think I I'm wondering if um but see here's where it falls to me like where the argument's going to be in that so how and I don't know how legally this is so then you make this grant of rights and you have this mhm but then all these other things happen and changed the landscape of college football the ACC is going to argue well we did this to guard against that on our end but couldn't they say well like we didn't reasonably foresee this this catastrophic as a whole no that like FSU and Clemson could be like well look this is the new world like we agreed to this a decade ago this was the reality a decade ago but now adapt with the times we we we'd like to be able to adapt with the times and this this restricts our ability to earn you know I guess I don't know like the thing is they all signed it yeah exactly that's the problem like all these arguments that FSU makes like everything FSU and Clemson can make all these legitimate arguments about about all the the things or issues they have with the contract but at the end of it even though all those people on both schools are gone now that made those decisions for the most part they still signed it it's still them they made the agreement so really what this is about is how much money are we going to agree upon so that this can end and who knows how long that takes it's almost like the team's getting penalized after the fact if the starting line look if it's if it's just the exit fee of 140 million then I think they would be happy with that I think the bigger thing is they are going to try to say we'll give you we'll give you the money right for the exit fee we'll come up with that but we we own our television rights it's like when we pay the exit fee the grant of rights now we've paid the exit fee you don't own our television rights in perpetuity because we've paid the exit yeah you bought out yeah so that's what I think the argument is and maybe that gets negotiated down to less than 140 million but if it starts at 140 million and then the ACC is like it's 140 million plus these you know year-by-year penalties uh that we're going to keep from you that's where I think the negotiation will start is like how about we give you all 140 but we don't pay any of this right or the number goes up from 140 but it doesn't go to 400 million it goes to like 175 you know something like that I don't know um this is going to take like I'll put this in a nutshell that story another way ACC FSU Clemson's lawsuits will drag on for months if not years it will drag on there there's no quick solution in this this isn't Texas and Oklahoma knowing that they had two years to leave saying they were going to leave and then dealing with it on the way out the door this is a decade like the ACC can be in this for as long as they can afford to be yeah you know like they can just keep and the thing is it's like as long as the lwuit goes Florida State and Clemson will keep playing games and keep being on TV the ACC so what I mean it's a win-win for them the ACC it's ultimately a win because eventually get a lead but um the other part of it is like you know you're gonna have to like you're gonna Force for state and Clemson into a way of finding you that private private Equity money might start coming from some really shady places I'm just telling you yeah uh I know Pablo Escobar is not around anymore but I'm sure he's got some relatives uh all right uh the Big 12 has released their tiebreaking procedures thanks to John CTS for putting this in a night nice tidy uh bow Force the tied teams will be compared based on their head-to-head records during the season B the tied teams will be compared based on win percentage against all common conference opponents this is probably a pretty important one because uh they're not going to have nobody's going to have the same number of common conference opponents uh quite often the tied teams will be compared based on win percentage against the next highest Place common opponent in his standings based on the record in all games played within the conference proceeding through the standings D the tied teams will be compared based on combined win percentage in conference games of conference opponents e of the tied teams will be compared based on total number of wins in a 12 game season so so if one team is 10- two and one team is n and3 and the N9 and3 team uh one of those games lost like that 10- two you know lost the non-conference game bummer you know for example if Arizona State winds up nine and three right which I'm not saying they will but they lost to Mississippi State in this non-conference game and um Utah is 10- two and their two losses are in the they also have two losses in the conference because they have that 10th win they would go they would get the yeah they would go in over it um f the representative will be chosen based on highest ranking by sport Source analytics team rating score metric following the last weekend of regular season games and then G coin toss that's all we need we just need G let's just get to G just do a coin toss skip all this crap and just do it well I mean the UIL in Texas high school has about a thre level I think tiebreaker and then it does go to coin toss because they have a whole lot to deal with right you know so it's you know um I would just I just think that would be I wonder how many other states do like we're gonna the coaches will meet at a waterburger or a Dairy Queen or a Cracker Barrel and they will somewhere in the middle of the two schools and they will have a well they used to do this now they have zoom so they'll have to but they would just flip a coin you saw it in Friday Night Lights they flip a coin about home and away they flip another co uh coin about who's uh you know where to play the location yeah the refs where you want your refs from all that stuff yeah it's it's it's chaotic all right let's go to this one uh Garrett we are big fans of retro uh uniforms and cool helmets uh especially since we're partner with green and GD iron go to green grid iron.com use the link in the bio um that's just a quick plug for our good friends at Green grid iron you see the helmet uh still there behind me there it is um maybe I need to move my chair over so people can see that better out the show there you go uh the unle running rebs are they still the running rebs yeah okay the running RBS uh will wear this throwback to their 1974 division 2 team that reached the D2 semifinals so I think it's a pretty cool helmet see I'm the one in this room that disagrees I'm the only one that doesn't like it I don't know what it is about it um the the UNLV probably just running around can be confusing for me um it looks like a flat like something you would see some kind of flag type thing um I mean I get it it's just to me I'm not I'm it's not my vibe but I'm the outlier here everybody else in this room enjoys these yes uh we do like gamry likes them Jack likes them you're you know look there's two kinds of people in the world Garrett there's people like me who are right and there's people like you who are wrong that's fair it's easy I mean look it's easy it's okay we all fall into either category scar be wrong man I'll be wrong you you have your opinion it's fine uh but I would buy I would get a helmet from Green grid iron like this and put it up here mostly because it's different because when we did that with the Army and and navy and Air Force helmets what I like is people come in and go that they have to play like a little guessing game they're like What's that yeah yeah yeah no and I do want to get the I still want to get the Jack tce games one I was I thought that I thought that's a smooth look uh to add to the set