Professional Documents
Culture Documents
The Harvard Law School Association of San Diego NIL Presentation (11.01.2021)
The Harvard Law School Association of San Diego NIL Presentation (11.01.2021)
The Harvard Law School Association of San Diego NIL Presentation (11.01.2021)
Alston
expenses.”
SCOTUS (2021)
Unanimous affirmation of the Ninth Circuit’s opinion
Judge Kavanaugh’s concurrence
Effect as precedent and the “Amateurism” defense
Prior to SCOTUS’s ruling in NCAA v. Alston, individual states
passed legislation that would prohibit the NCAA, conferences,
and schools from enforcing rules that prevent student-athletes
State Legislation from earning compensation for use of NIL. The earliest of
and NCAA NIL effective date of these laws was July 1, 2021.
In order to prevent an imbalance between schools based on
Policy their state’s NIL status, on June 30, 2021, the NCAA adopted a
uniform interim policy suspending its current name, image, and
likeness rules.
“Individuals can engage in NIL activities that are consistent
with the law of the state where the school is located. Colleges
and universities may be a resource for state law questions.
College athletes who attend a school in a state without an NIL
law can engage in this type of activity without violating NCAA
rules related to name, image and likeness.
NCAA NIL Individuals can use a professional services provider for NIL
Policy activities.
Student-athletes should report NIL activities consistent with
state law or school and conference requirements to their
school.”
Main concerns: preventing improper recruiting and pay-for-
play transactions.
Governed by:
State law (currently, 28 states have passed
Current NIL NIL legislation);
Individual school policies; and
Ecosystem
Conference policies
Ivy League
Sample NIL Harvard
Policies Boston College
Haley and Hanna Cavinder, members of the Fresno State
women’s basketball team, made an impact by signing multiple
national deals on July 1, 2021.
MMA Gym in Miami offered all 90 scholarship players at the
University of Miami $500 to promote the gyms through social
media, personal appearances, etc.
Notable NIL NIL rights. Ewers has already secured over $1 million from NIL
deals.
Deals FAU quarterback N'Kosi Perry signed an NIL deal with
Islamorada Beer Company – the first NIL deal in the alcohol
category.
Clemson QB DJ Uiagalelei, University of Miami QB D'Eriq
King, and Oklahoma QB Spencer Rattler all signed multiple NIL
deals and are either injured or having underwhelming seasons.
NAME, IMAGE, & LIKENESS &
BEYOND: The Changing Legal
Landscape of College Athletics.
Peter A. Carfagna, Peter A. Carfagna, Faculty Supervisor of the HLS Sports Law Placement
Program and Lecturer of 3 HLS Sports Law Courses Per Year