Why Federal Regulation is Necessary to Level the NIL Playing Field

September 6, 2023Sportico

Members of Herrick's Sports Law Group, Irwin Kishner, Daniel Etna, and Justin Blass, authored an article in Sportico discussing why federal regulation of name, image and likeness (NIL) legislation may be necessary to reconcile the potential collision course between the proliferation of state laws and NCAA issued policies.

The article outlines the NCAA policies allowing athletes to pursue compensated NIL opportunities, as well as state laws that have been recently enacted to position their universities as attractive to potential recruits through the availability of lucrative NIL deals. The article examines how the proliferation of state level legislation has raised questions of preemption, as well as consistency and ability of enforcement. 

To provide a workable legislative framework, the article advocates for federal regulation to avoid inconsistent rule enforcement and more adequately protect college athletes. Uniformity of legislation would also avoid a "race to the bottom," resulting from a lack of enforcement that could further widen discrepancies among powerhouse football programs.

Read the full article in Sportico here. Access may require a subscription