TY - JOUR
T1 - Charting a New Path
T2 - Regulating College Athlete Name, Image and Likeness After NCAA v. Alston Through Collective Bargaining
AU - Jessop, Alicia
AU - Baker III, Thomas A.
AU - Wall Tweedie, Joanna
AU - Holden, John T.
N1 - Publisher Copyright:
© 2023 Human Kinetics, Inc.
PY - 2023/10
Y1 - 2023/10
N2 - This study examines the remaining options for sport managers to balance the interests of college athletes and the National Collegiate Athletic Association (NCAA) in regulating college athlete name, image, and likeness (NIL). The paper is divided into six substantive sections. The first section, "Background: The NCAA's Defense of NIL Restrictions," provides a brief history of the NCAA's legal defense to challenges against its NIL regulations. The second section, "U.S. Congress Is Unlikely to Regulate College Athletes' NIL Rights," addresses proposed federal legislation and Congress' willingness to regulate the use of NIL by college athletes. The third section, "The Impact of O'Bannon and Alston on NCAA's NIL Restraints," examines controlling case law, specifically O'Bannon v. NCAA and NCAA v. Alston, and how current antitrust law precedent shapes the scope by which the NCAA can regulate college athletes' NIL. The fourth section, "State Laws Regulating the NIL Marketplace," addresses state legislation regulating college athlete NIL use. The fifth section, "The Applicability of Labor Law to Regulating College Athletes' NIL," discusses the current college athlete NIL marketplace and analyzes whether labor law presents an optimal way forward for the NCAA to regulate NIL post-Alston. The sixth section, "College Athletes' Employee Status as a Pathway to Redefine the NCAA's Amateurism," concludes by examining the law's role in regulating NIL and discussing stakeholder implications.
AB - This study examines the remaining options for sport managers to balance the interests of college athletes and the National Collegiate Athletic Association (NCAA) in regulating college athlete name, image, and likeness (NIL). The paper is divided into six substantive sections. The first section, "Background: The NCAA's Defense of NIL Restrictions," provides a brief history of the NCAA's legal defense to challenges against its NIL regulations. The second section, "U.S. Congress Is Unlikely to Regulate College Athletes' NIL Rights," addresses proposed federal legislation and Congress' willingness to regulate the use of NIL by college athletes. The third section, "The Impact of O'Bannon and Alston on NCAA's NIL Restraints," examines controlling case law, specifically O'Bannon v. NCAA and NCAA v. Alston, and how current antitrust law precedent shapes the scope by which the NCAA can regulate college athletes' NIL. The fourth section, "State Laws Regulating the NIL Marketplace," addresses state legislation regulating college athlete NIL use. The fifth section, "The Applicability of Labor Law to Regulating College Athletes' NIL," discusses the current college athlete NIL marketplace and analyzes whether labor law presents an optimal way forward for the NCAA to regulate NIL post-Alston. The sixth section, "College Athletes' Employee Status as a Pathway to Redefine the NCAA's Amateurism," concludes by examining the law's role in regulating NIL and discussing stakeholder implications.
KW - antitrust
KW - intercollegiate athletics
KW - law
KW - National Collegiate Athletic Association
KW - policy analysis
KW - student-athletes
UR - http://www.scopus.com/inward/record.url?scp=85169558213&partnerID=8YFLogxK
U2 - 10.1123/jsm.2022-0149
DO - 10.1123/jsm.2022-0149
M3 - Article
SN - 0888-4773
VL - 37
SP - 307
EP - 318
JO - Journal of Sport Management
JF - Journal of Sport Management
IS - 5
ER -