Touro Law Review


The National Collegiate Athletic Association (“NCAA”) has regulated collegiate sports for over one hundred years. The NCAA has long relied upon the principle of amateurism to prohibit college athletes from profiting from their name, image and likeness (“NILs”). However, recently this principle has drawn a lot of attention and has all but crumbled. States across the nation have passed legislation that will soon come into effect to bypass the NCAA bylaws and allow student athletes to profit from their NILs, even the United States Supreme Court has called the NCAA’s business model into question. This has left the NCAA with no choice but to pivot and allow athletes to profit from their NILs for the first time. This Note will explore the NCAA’s history of exploiting student-athletes for profit, and how their attitude towards the concept of NILs has changed overtime. This Note begins by looking at the NCAA’s business model and how they have turned themselves into a billion-dollar business that does not pay their money-makers, the athletes. Prior to addressing the various state legislations and federal proposals, this Note will also recount prior Supreme Court cases. Ultimately, this Note will propose standardized federal legislation to govern NIL laws.