A New Curveball: An Analysis of the Current NIL Battle That is Destabilizing the Landscape of College Athletics

On June 21, 2023, the Supreme Court unanimously ruled that the NCAA was in violation of antitrust law and found unlawful the organization’s restrictions on education-related benefits schools could offer student-athletes. This ruling marked the official beginning of the Name, Image, and Likeness (NIL) boom throughout college athletics. Presently, the NCAA has failed to develop uniform regulations that conform to the standards set by the Supreme Court and appease the nationwide educational institutions. As a result, states have drafted various bills and laws to regulate NIL contracts throughout their jurisdiction. Foreseeably, this has created an air of uncertainty around NIL and the negative impacts it may have on student-athletes. Throughout this note, I explain the legislative history of the NCAA, the current state of NIL regulation through select NCAA policies and state legislation, and tackle some concerns that sit at the forefront of the NIL conversation. Ultimately, I will attempt to demonstrate the fragility of the future of collegiate athletics and its contingency upon the response to NIL. This takes the form of a few proposed measures of regulation that I believe could be helpful for the NCAA and useful for ensuring an equitable environment for all student-athletes.