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ARTICLE · 21 NOVEMBER 2021

NCAA Drafts New Constitution Acknowledging Student-Athletes' NIL Rights

What a difference just a few months makes. The weather turns from oppressively hot to cool and crisp. The leaves turn from a healthy bright green to all manners of reds, yellows and browns...

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What a difference just a few months makes. The weather turns from oppressively hot to cool and crisp. The leaves turn from a healthy bright green to all manners of reds, yellows and browns as they cling precariously to the trees before floating down to the ground. And the National Collegiate Athletic Association (NCAA) drafts a new constitution that actually acknowledges a student-athlete may commercially market his/her/their own name, image and likeness.  That would have been unthinkable earlier this year, that is, until the U.S. Supreme Court unanimously ruled in NCAA v. Alston  that non-cash education-related benefits (and, by extension name, image and likeness restrictions) violated antitrust laws. Indeed, Justice Neil Gorsuch might as well have been the author of this draft NCAA Constitution as his guidance in writing for the Court, referenced exactly what the NCAA is apparently deciding to do (albeit by necessity) – delegating rulemaking authority to its

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