How the Latest NIL Rulings Impact the NCAA
The Name, Image, and Likeness (NIL) landscape in the National Collegiate Athletic Association (NCAA) has been constantly changing since its enactment in June of 2021. Over the last month, the NCAA has faced legal defeats involving the rights of student-athletes under the policies it has established. A National Labor Relations Board (NLRB) Regional Director determined that members of the Dartmouth College men’s basketball team were employees, thereby granting them the right to unionize. Also, most recently, a Tennessee court issued a preliminary injunction barring the NCAA from enforcing its NIL rules against compensation for recruits. This injunction was issued as a part of a federal lawsuit alleging that the rules violate antitrust laws. Each of these rulings carries distinct implications for the NCAA’s future and the organization’s ongoing efforts to lobby Congress for federal regulation.