Refereeing NIL Athlete Agents: Examining Equitable and Protective Measures for NCAA Student-Athletes in a Post-Alston Environment

Authors

Katherine A. Berman, Washington and Lee University, School of LawFollow

Abstract

This Note examines the challenges posed by the lack of regulation surrounding athlete agents involved in Name, Image, and Likeness (NIL) deals across the United States and their impact on collegiate student-athletes. Despite efforts from the NCAA and higher education institutions for federal NIL legislation and guidance, many proposed solutions face significant obstacles, including conflicts with state laws and partisan divisions. This Note traces the commercialization of student-athletes through the history of the NCAA, reviews key NIL cases, and analyzes current state and federal legislation focused on athlete representation. This Note also explores the emergence of NIL service providers, including athlete agents and collectives, whose roles often blur the line between legitimate representation and exploitation. These regulatory gaps exacerbate the challenges faced by student-athletes, who are left to navigate complex legal landscapes with limited guidance. In particular, this Note seeks to bring attention to the vulnerabilities of student-athletes, especially those facing socioeconomic pressures, age-related challenges, and gender discrimination, as they navigate NIL opportunities.

After evaluating previously suggested solutions, this Note proposes the creation of an NIL Office within the Department of Education (ED). Leveraging the Department’s established connections with the NCAA and higher education institutions, and drawing on its experience with Title VI and Title IX, this office would oversee NIL regulation, monitor agents and collectives, and promote transparency, equity, and accountability. The proposed framework offered in this Note aims to foster a safer, more equitable environment for student-athletes as they engage in commercialization opportunities in collegiate sports.

Recommended Citation

Katherine A. Berman, Refereeing NIL Athlete Agents: Examining Equitable and Protective Measures for NCAA Student-Athletes in a Post-Alston Environment, 31 Wash. & Lee J. Civ. Rts. & Soc. Just. 223 (2025).
Available at: https://scholarlycommons.law.wlu.edu/crsj/vol31/iss1/7