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Prisoner's dilemma

Let us read it for you. Listen now. Your browser does not support the audio element. Gov. Sarah Sanders recently signed an amendment to the Arkansas Student-Athlete Publicity Rights Act into law. When she did so, Arkansas became the first state to exempt name, image, and likeness (NIL) earnings from state income tax liability. Many […]

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Prisoner's dilemma

Let us read it for you. Listen now.

Gov. Sarah Sanders recently signed an amendment to the Arkansas Student-Athlete Publicity Rights Act into law. When she did so, Arkansas became the first state to exempt name, image, and likeness (NIL) earnings from state income tax liability. Many other states appear to be following in Arkansas’ footsteps.

Because NIL allows student-athletes to use their personal brands to earn income, schools with more robust NIL opportunities have a recruiting edge. By exempting NIL earnings from income taxes, this new law aims to provide Arkansas’ college sports programs with an advantage over rivals.

Unfortunately, this new law means the state of Arkansas has walked right into a prisoner’s dilemma.

The prisoner’s dilemma is a particularly useful game-theory model for understanding strategic behavior. In the classic model, two criminals are suspected of committing a major crime. The police have evidence to convict each criminal of a minor crime, but do not have enough evidence to convict either one of a major crime. The police separate the two criminals where each criminal has a decision to make: Remain quiet or inform on the other.

The outcome for each criminal, though, depends on the actions of the other. Consider two criminals, Tom and Jerry. If both remain quiet, each will serve a one-year jail sentence for the minor crime. If one informs while one remains quiet, the informant will receive immunity while the other receives a five-year jail sentence. If both inform, each receives a four-year jail sentence.

To decide what he will do, Tom considers both his own self-interest and Jerry’s actions. Should Jerry remain quiet, Tom can avoid jail altogether by informing. Should Jerry inform, Tom can reduce his prison sentence from five to four years by also informing. No matter what Jerry does, Tom’s best option is to inform. We arrive at the same conclusion if we consider Jerry’s decision process.

Because each criminal has the incentive to inform on the other, both Tom and Jerry receive four-year prison sentences. But this is not the best outcome they could have achieved. Tom and Jerry would have been better off if they remained quiet and received only one-year prison sentences. That is, the competition between the individuals led to a worse outcome for the group than cooperation would have.

This prisoner’s dilemma model can be applied to the competition between states over NIL tax policy. Consider SEC football foes Arkansas and Georgia. Each state must decide whether to tax or exempt NIL earnings. If neither state exempts NIL earnings from taxation, each football program will attract its natural share of talent based on the caliber of the team, the playing time recruits can expect, coaching quality, and the proximity of the team to players’ families, among other factors. If one state taxes NIL earnings, the other state has an incentive to exempt them. The exempting state can increase its share of talent because recruits keep more of their NIL payments.

If instead, one state exempts NIL earnings, the other state still has an incentive to exempt NIL payments. To do otherwise would be to risk losing talented recruits to the program where players keep more of their NIL earnings. If both states exempt NIL earnings from taxation, both teams will earn their natural share of talent as before, but will do so at a fiscal cost. (In this case, both states give up tax revenue they previously collected.)

Just as in the classic prisoner’s dilemma, both the state of Arkansas and the state of Georgia have the incentive to exempt NIL earnings from state tax liability, regardless of what the other state does. The Arkansas and Georgia football teams will attract their natural share of talent, but the states will both forgo tax revenue.

The competition for the best recruits will lead Arkansas and Georgia to a worse outcome than they would have obtained by agreeing not to exempt NIL earnings from income-tax liability.

Solving the prisoner’s dilemma requires that the states cooperate with each other rather than compete. The dilemma, though, is that each state has a strong incentive to break any agreement to resist exempting NIL earnings from taxation.

The solution, then, is to turn to federal legislation to set a national standard for NIL policy that is enforceable. This is why we have seen the likes of SEC Commissioner Greg Sankey and former Alabama football coach Nick Saban head to Washington.


Jacob Bundrick is a lecturer of economics at the University of Central Arkansas. The views expressed are the author’s and do not necessarily reflect the views of UCA.

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The Shrinking NBA Draft Pool

Since the NCAA allowed athletes to cash in on NIL (name, image, and likeness), the number of basketball players declaring early for the NBA draft has steadily declined. In 2021, 363 players—including international players and NCAA athletes—entered their names. This year, the total has dropped to 106 players, the fewest since 2016. Fifty-one “non-international” players […]

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Since the NCAA allowed athletes to cash in on NIL (name, image, and likeness), the number of basketball players declaring early for the NBA draft has steadily declined. In 2021, 363 players—including international players and NCAA athletes—entered their names. This year, the total has dropped to 106 players, the fewest since 2016. Fifty-one “non-international” players have since opted out, leaving just 32 non-international players in the draft.

The opportunity to earn money in college gives players leverage they’ve never had before when negotiating with NBA teams. Agents are advising many players to remain in college due to the NIL earnings—and new revenue-sharing dollars from the House v. NCAA settlement—two agents tell Front Office Sports. 

“If you are not a guaranteed first-round pick, top-20, top-30 guy—unless you really do not want to play college basketball anymore, we are recommending and most of them are staying in school as long as they possibly can,” Michael Raymond, president and founder of Raymond Representation, tells FOS. 

For those with little to no chance of making an NBA roster, the calculus is obvious. But even for players on the bubble of being a first-round pick, eschewing the draft is often the best option. 

In the pre-NIL era, players would be happy to settle for two-way contracts, or Exhibit 10s, with no guarantee they’d be chosen in the second round. NBA two-way contracts max out around $600,000, and straight G League deals start at around $40,500. They weren’t making any money in college, and the allure of professional life was just too great.

But now, the NIL earnings are more than enough of a fallback in case they aren’t getting drafted. To remain competitive, a power conference program would have had to spend about $3 million to $4 million in aggregate to remain competitive, a source previously told FOS. That’s an average of a healthy six figures for each of the 13 scholarship players. And the top players in the country, often those vying for these NBA roster spots, are often making seven figures. The freedom of movement provided by the transfer portal allows athletes to negotiate for more earnings, too.

“Unless [an NBA team] was willing to guarantee a spot, there’s no way that I’m playing with the kid’s future,” Alex Saratsis, Octagon’s co-managing director of basketball, tells FOS. 

This past spring, UAB forward Yaxel Lendeborg was dubbed one of the best big men available in the NCAA transfer portal. He committed to Michigan, a power conference program with major resources, while also declaring for the NBA draft, where he was projected to be a late first-round pick. He ultimately withdrew from the draft at the end of May, and he will play his last year in college for the Wolverines.

Mar 12, 2025; Charlotte, NC, USA; Notre Dame Fighting Irish guard Markus Burton (3) with head coach Micah Shrewsberry in the first half at Spectrum Center

Bob Donnan/Imagn Images

Lendeborg, who signed with Octagon a few weeks before deciding to stay in Ann Arbor, wasn’t the only one Saratsis represents who made that decision. Notre Dame’s Markus Burton decided not to enter the draft at all and play another year with the Fighting Irish. Greek player Neoklis Avdalas reportedly received a second-round grade after entering the draft and opted to withdraw and commit to Virginia Tech.

“Why would we [advise them to declare] when they’ve got an opportunity to make millions of dollars back in college, continue to prove their game, and take control back in their careers?” Saratsis says.

No decision is without risk, of course. A player who stays in school or transfers could lower their draft stock with an unimpressive season, Raymond says. They could also incur a season-ending, or even career-ending, injury. But the prevailing wisdom is to keep players in school for as long as possible.

That doesn’t mean that one-and-dones are going completely extinct, however. 

For a select few players, there’s a clear reason to enter the draft after just one year in the NCAA. Cooper Flagg is the No. 1 projected overall draft pick, slated to go to the Dallas Mavericks, after a sensational freshman year at Duke that ended with a heartbreaking loss to Houston in the Final Four. Flagg was likely making millions of dollars between Duke’s nebulous NIL collective and multiple top-tier brand endorsements. But in his first year in the NBA, he’ll earn about $14 million in his NBA salary alone—on top of all his existing endorsements. 

“I think there’s going to be at least five to ten players that probably just say, ‘Listen, at the end of the day, I’m going top 10. I’m going to make millions of dollars. I want to play in the NBA,’” Raymond says.

Outside the obvious lottery picks, some players just “really care about the professional lifestyle,” Raymond says. “They don’t care about the money. It’s more about, like, their dreams to play in the NBA. They want to make it happen as soon as possible.” He points to Bronny James, who wanted to play alongside his dad in Los Angeles, as an example.

But those players will continue to be outliers. This year, schools will be able to pay players directly thanks to the House v. NCAA settlement in addition to NIL. Some have raised concerns that, because there’s a cap on the revenue-sharing pool and new restrictions on NIL collective deals, players might end up making less than they did last year (though not everyone agrees that that would be the case). Either way, it will still pay to stay in college—both literally and figuratively.

Says Saratsis: “It’s almost like you’re taking control of your career.” 





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Haliburton Says ‘Nothing That’s Happened Before Matters’ After Pacers Force Game 7

Even though the Indiana Pacers kept their season alive with an impressive 108-91 win over the Oklahoma City Thunder in Game 6 of the NBA Finals, Tyrese Haliburton knows it won’t matter if they lose the next game. Speaking to reporters after Thursday’s victory, Haliburton explained “nothing that’s happened before matters” if the Pacers don’t […]

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Even though the Indiana Pacers kept their season alive with an impressive 108-91 win over the Oklahoma City Thunder in Game 6 of the NBA Finals, Tyrese Haliburton knows it won’t matter if they lose the next game.

Speaking to reporters after Thursday’s victory, Haliburton explained “nothing that’s happened before matters” if the Pacers don’t win Game 7.

“We’ve got one game,” Haliburton said. “One game. Nothing that’s happened before matters. And nothing that’s going to happen after matters.”

Haliburton went on to say that being part of a Game 7 in the NBA Finals is something he’s “dreamed of” for his entire life (starts at 6:35 mark).

One thing Haliburton won’t be doing in the lead up to Game 7 is following online talking points to avoid the “poison” narratives that could bubble up.

“The next couple of days, the narratives are going to be almost poison,” said Haliburton.

Pacers vibes have been all over the place for the past week. The blown lead at home in Game 4 and tough loss in Game 5 could have signaled an end to his magical run.

Those losses were compounded by Haliburton suffering a calf injury in the first quarter of Game 5 that impacted his performance with just four points on 0-of-6 shooting from the field.

Haliburton was able to start Game 6 after going through pregame workouts. He was a game-high plus-25 in just 23 minutes, scoring 14 points and dishing out five assists.

The Pacers had six players score at least 10 points and their defense forced the Thunder to commit 21 turnovers to earn the win. They are now one win away from the franchise’s first NBA championship.

This will be the first Game 7 in the Finals since 2016 when the Cleveland Cavaliers defeated the Golden State Warriors. The Pacers and Thunder will play their winner-take-all game at Paycom Center on Sunday at 8 p.m. ET.



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Insider Exposes Why House Settlement Won’t Kill NIL Money

The House vs. NCAA settlement, approved on June 6, 2025, has reshaped college athletics with direct athlete compensation and much stricter name, image, and likeness (NIL) rules. In his June 18 Athletic Mailbag, Stewart Mandel shared his thoughts about whether this $20.5 million revenue-sharing cap will replace or supplement existing NIL deals. His analysis explained […]

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The House vs. NCAA settlement, approved on June 6, 2025, has reshaped college athletics with direct athlete compensation and much stricter name, image, and likeness (NIL) rules. In his June 18 Athletic Mailbag, Stewart Mandel shared his thoughts about whether this $20.5 million revenue-sharing cap will replace or supplement existing NIL deals.

His analysis explained why the settlement’s attempt to curb NIL money is unlikely to succeed, casting doubt on its long-term impact.

College Football Experts Share Thoughts on Revenue Sharing vs NIL Collectives

Mandel noted that most schools’ collectives fall short of the $20.5 million cap, making revenue sharing the primary compensation method for many. However, for top-tier programs, things are different. Administrators, including Florida basketball coach Todd Golden and Ohio State AD Ross Bjork, claimed the NIL Go clearinghouse, operated by Deloitte, will slash outside deals.

Golden predicted players could earn just “10 to 20 percent” of their recent NIL hauls, while Bjork called collectives a “false market,” which will be similar to pro sports’ smaller NIL deals.

Legal and Practical Hurdles

Mandel argued that the settlement’s two-part restriction of capping school payments at $20.5 million and requiring NIL deals over $600 to be approved for “valid business purpose” and fair-market value will face legal issues.

Over the past decade, courts, including the U.S. Supreme Court, have deemed NCAA restrictions on athlete earnings illegal restraints of trade. Mandel pointed to Texas Tech’s $55 million in NIL commitments, confirmed by booster Cody Campbell, as evidence that schools may exceed the cap.

“Either their payroll is going down by more than 60 percent a year from now, or a judge will have issued an injunction,” he wrote.

Answering one of the reader’s questions, who asked about penalties for improper NIL deals under the College Sports Commission (CSC), led by CEO Bryan Seeley, Mandel wrote that no specifics have emerged about the “substantive” and “severe” penalties that were promised.

Another reader suggested the settlement paves the way for a salary cap, but Mandel countered that this cap, unnegotiated with players, is “legally dubious.” The CSC’s attempt to control the NIL landscape through Deloitte’s oversight assumes compliance that may never become a reality.

With schools like Texas Tech already pushing past the cap, Mandel predicted legal challenges will preserve NIL money’s prominence. The settlement may shift compensation structures, but as Mandel sees it, the lucrative NIL market is far from dead.





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Wisconsin Sues Miami Over Tampering, First Legal Challenge of NIL Era

Share Tweet Share Share Email College athletics has long operated like the Wild West, with tampering, soft poaching, and under-the-table conversations becoming the norm. Now, Wisconsin has done something unprecedented. The Badgers and their NIL collective have filed a lawsuit in state court against Miami, accusing the Hurricanes of interfering with a binding, NIL-based revenue-sharing […]

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College athletics has long operated like the Wild West, with tampering, soft poaching, and under-the-table conversations becoming the norm. Now, Wisconsin has done something unprecedented.

The Badgers and their NIL collective have filed a lawsuit in state court against Miami, accusing the Hurricanes of interfering with a binding, NIL-based revenue-sharing agreement with DB Xavier Lucas.

 

Wisconsin argues Miami contacted Lucas before he even entered the portal, inducing him to leave despite a “binding two‑year NIL agreement” he’d signed on December 2, 2024.

Despite whispers of tampering behind the scenes for years, few schools have ever taken the step of filing a lawsuit. The Big Ten quickly backed Wisconsin, calling Miami’s alleged actions “very troubling” and reinforcing the need for enforceable NIL deals.

Meanwhile, Miami’s camp and Lucas’s attorney fired back, saying the agreement was contingent on a pending House v. NCAA settlement and that Lucas owes Wisconsin nothing.

The move sparks a broader reckoning. In this climate of escalating NIL payouts, transfer portal fever, and conference realignment, almost every program tacitly engages in tampering to woo top players into the portal.

Coaches, staff, alumni, and boosters are often complicit in behind‑the‑scenes outreach. Wisconsin’s lawsuit shows what happens when that behavior crosses an unenforceable line, forcing one school to finally say, enough’s enough, and push a problem into the legal arena.

What makes this lawsuit so explosive isn’t just the novelty; it’s a canary in a coal mine. If Wisconsin wins, others may follow, pressuring Miami, Oklahoma, Texas, and every blueblood to clean up or face the court. If it fails, it could confirm that tampering is not only rampant but also legally untouchable in the new age.

Bottom line: college sports now operate in a zero‑rule ecosystem. Contracts are evolving faster than governance can catch up. Whether Wisconsin’s case marks the beginning of a regulatory era or the confirmation that the Wild West remains untamed will have ripple effects across recruiting, conference power, and athlete agency for years to come.





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Wisconsin CFB Sues Miami for Poaching Xavier Lucas While Under NIL Contract

The University of Wisconsin and its NIL collective are suing the University of Miami for allegedly poaching cornerback Xavier Lucas after he signed a revenue-sharing contract with the program, according to court documents obtained by Yahoo Sports’ Ross Dellenger. Lucas transferred to Miami in January despite not entering his name in the transfer portal. He […]

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The University of Wisconsin and its NIL collective are suing the University of Miami for allegedly poaching cornerback Xavier Lucas after he signed a revenue-sharing contract with the program, according to court documents obtained by Yahoo Sports’ Ross Dellenger.

Lucas transferred to Miami in January despite not entering his name in the transfer portal. He indicated on social media in January that Wisconsin had blocked him from entering the portal, according to the Associated Press.

According to Dellenger, Wisconsin is now “seeking unspecified damages, transparency and accountability from Miami for allegedly interfering with a binding revenue-share contract.”

In the lawsuit, Wisconsin claimed that Miami talked to Lucas while knowing he had already signed a contract with the Badgers.

Dellenger noted that the lawsuit could create precedent for new NCAA tampering rules in the revenue-sharing era.

The NCAA said in an initial statement after Lucas’ transfer that “NCAA rules do not prevent a student-athlete from unenrolling from an institution, enrolling at a new institution and competing immediately.”

Wisconsin responded with a statement that Lucas and the Badgers athletic program “entered into a binding two-year NIL agreement” with “substantial financial compensation” on Dec. 2.

The university said at the time that the contract “remains in effect and enforceable.”

According to Dellenger, the contract was set to kick in on July 1, when schools can begin directly sharing revenue with students for the first time.

The contract was written on a template shared with schools by the Big Ten, according to Dellenger. The contracts grant schools player’s non-exclusive NIL rights and prohibit NIL usage from other schools, but still permits the athlete to sign third-party marketing deals, Dellenger reported.

Wisconsin additionally claimed in January that Lucas had “executed a separate agreement” with the university’s NIL collective.

The university went on to say it had “credible information indicating impermissible contact between Xavier and University of Miami football program personnel prior to Xavier’s request to enter the transfer portal.”

Wisconsin then said in a statement shared with Dellenger after filing the lawsuit this month that the university had “reluctantly” pursued legal action and would not be suing Lucas.

The Big Ten meanwhile supported Wisconsin, saying in a statement to Dellenger that “we stand by our position that respecting and enforcing contractual obligations is essential to maintaining a level playing field.”

Dellenger previously reported in January that Darren Heitner, Lucas’ attorney, “had planned to file suit against the NCAA and Wisconsin over antitrust claims related to the situation” had his client not been allowed to transfer to Miami.

A federal judge signed off on the landmark House v. NCAA settlement in June, paving the way for revenue sharing with college athletes and changes in how NIL deals are processed.

NCAA president Charlie Baker said in a statement at the time that there would be more NCAA rule adjustments to come. The result of Wisconsin’s lawsuit could spark more updates in what will be a 2025-26 season full of change for college sports.



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Duke walk-on Stanley Borden, last player in college to have played for Coach K, transfers to UTSA

Associated Press Stanley Borden, the final basketball player still in college to have played for Mike Krzyzewski, has announced he is transferring to UTSA from Duke. The 7-foot Borden was a walk-on for the Blue Devils, joining the team in 2021 — the last of the Hall of Fame coach’s career. He stayed for four […]

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Associated Press

Stanley Borden, the final basketball player still in college to have played for Mike Krzyzewski, has announced he is transferring to UTSA from Duke.

The 7-foot Borden was a walk-on for the Blue Devils, joining the team in 2021 — the last of the Hall of Fame coach’s career. He stayed for four years and despite not getting on the court much at all, he had fond memories of his time under Coach K.

“Everything that everyone has heard or said in terms of aura and energy is all there,” Borden said Thursday in a phone interview from Istanbul, where his family lives. “He jokes a lot and cusses a lot and you never knew if he was joking or being serious. Learning from the best as an 18- or 19-year-old at the end of his career was something I’ll never forget.”

Borden had one year of eligibility left after he didn’t play his junior year because of injuries to his elbow in the preseason and a finger that needed to be re-attached after a weight room accident. He wanted to find a school that he could play at in his final season of college basketball so he entered the portal.

“I was talking to a bunch of schools late in the process and many of them were starting their summer workouts right now,” said Borden, who had a few dozen schools interested in him. “There’s opportunity to compete for time and also develop. They want to help you get better and make you a better player.”

He played in three games for the Blue Devils this past season, grabbing a rebound and blocking a shot. He’s still looking for his first points in college, having played in five games total during his career at Duke. Still, he learned a lot in his time at the school where he earned a degree in computer science and played with some of the best players in the country at practice every day.

“Being around Dereck Lively II, Paolo Banchero, Cooper Flag as well as other great college players made me immensely better,” Borden said.

Despite not playing, Borden was a glue guy on the team and fan favorite. He made a name for himself as a sophomore when he wowed the Cameron Crazies during their midnight madness-type event. He walked onto the stage in sunglasses and a trench coat which he opened to reveal a saxophone. Borden borrowed the instrument, which he learned to play when he was younger, from the marching band. He put on a show much to the delight of the crowd and his teammates. The performance went viral.

Borden said he didn’t know if UTSA had any kind of opening event to start basketball season, but he’d be happy to come up with another musical number if the school did.

___

AP college basketball: https://apnews.com/hub/college-basketball




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