On June 21, 2021, the U.S. Supreme Court issued its decision in
National Collegiate Athletic Association v. Alston and
forever changed the world of college sports. In a unanimous
decision, the Court struck down NCAA caps on education related
benefits. Perhaps even more influential than the Court's main
holding was the concurrence by Justice Kavanaugh, criticizing the
NCAA's business model and stating that it "would be flatly
illegal in almost any other industry." Now, almost a year
later, college sports has undergone a major overhaul at every
level.
Changes at the NCAA Level
Following Alston, the NCAA released an Interim Policy
on July 1, 2021, allowing college athletes to benefit from their
name, image, and likeness ("NIL"). The Interim Policy
states that athletes can engage in NIL activities consistent with
the law of the state where their school is located. If a state has
not enacted NIL legislation, college athletes in that state can
still engage in NIL
