This week, NCAA President Charlie Baker sent a letter to
Division I member schools proposing the creation of a new
subdivision in which the institutions with the wealthiest athletic
programs could directly pay student-athletes for their name, image,
and likeness. If accepted, schools in this subdivision—which
would likely include institutions like the University of Texas,
Ohio State, the University of Georgia, and the like—would
have the flexibility to set their own recruiting, roster, transfer,
and NIL rules. The NCAA's letter may be a step toward a
"super league" that some commentators believe is inevitable.
The letter's overarching theme is that a single set of rules
governing all Division I schools is no longer practicable. Since
2021, the year the NCAA amended its transfer portal rule and the
Supreme Court decided NCAA v. Alston, 141 S. Ct. 2141
(2021), the law and economics underlying college athletics have
become more and more unsettled, and the legality and
