©2022. Published in Landslide, Vol. 14, No. 4, June/July 2022, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

This article was written by Josh Escovedo and Michelle Yegiyants.

The landscape has changed. After decades of the NCAA reaping the benefit of college players, their labor, and their name, image, and likeness (collectively, NIL), the NCAA has changed its policy and allowed players to market their NIL without sacrificing their amateur status. However, the NCAA only made this change after a scathing U.S. Supreme Court ruling in a related matter, where the Court affirmed a decision from a U.S. district court enjoining the NCAA from limiting universities from providing student-athletes with certain education-related benefits.[1] In Justice Kavanaugh’s concurring opinion, he warned the NCAA that it should strongly reconsider its NIL-related policies before such matters are taken before the Court.[2] The Court issued its decision on June 21, 2021. The NCAA responded by changing its policy effective July 1, 2021.[3] 
Continue Reading A Brave New World: The NCAA’s New NIL Policy and the Need for Federal Legislation

At last, the NCAA has changed its policy on college athletes monetizing their name, image, and likeness, also known as their NIL. Who cares if the Supreme Court forced the NCAA’s hands in Alston v. NCAA, which didn’t directly address the issue but provided clear indicia that the Court intended to deal with the issue eventually? What matters is that college athletes can finally market their valuable NIL and enrich themselves while the NCAA is enriching itself during their college careers. But, of course, no benefit comes without its risks.
Continue Reading Pitfalls Related to NCAA’s New Policy on Name, Image and Likeness