Legal Framework for NIL One Year After NCAA v. Alston – Next Steps for Universities

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.