What Does the Future Hold for College Athletics after the Supreme Court Decision in NCAA v. Alston?On June 28, 2021 by Schnader in Intellectual Property
W. Drew Kastner and Stephenie Wingyuen Yeung published a client alert, “What Does the Future Hold for College Athletics after the Supreme Court Decision in NCAA v. Alston?”
On June 21, 2021, the United States Supreme Court issued a unanimous decision in National Collegiate Athletic Association v. Alston. The long anticipated decision affirmed the injunction against NCAA rules that limited the education-related benefits schools may offer student-athletes. But perhaps equally as important as the majority decision is the concurring opinion by Justice Kavanaugh.
Alston and the threat of potential future litigation may spur the NCAA to negotiate an agreement with conferences and schools, or even with student-athletes if they become unionized, out of concern that another court will use “rule of reason” analysis to dismantle its remaining compensation rules or otherwise “micromanage” its business. The NCAA may also explore other options to achieve more robust compensation for student athletes, including further expansion of the rules on how student-athletes may use their name, image and likeness beyond the NCAA Board of Governors’ proposed rules from April 2020.