Until the supreme court case Alton v NCAA in 2021, collegiate athletes could not monetize their athletic ability while in college. This episode explores the history and creation of the NCAA, the regulatory body of college sports. It will cover the early issues the NCAA faced. It then turns to the advent of amateurism and the term “student-athlete” the legal framework the NCAA used to protect itself from wages and workmen’s compensation claims by athletes. Then the episode will finish with a discussion of the current NIL landscape of college athletics post the Alston decision in 2021.

Research & Sources:

Judgments

National Collegiate Athletic Association v. Alston, 594 U.S. ____ (2021)

O'Bannon v. National Collegiate Athletic Association, 802 F.3d 1049 (2015)

Waldrep v. Texas Employers Insurance Association, 21 S.W.3d 602 (2000)

State Compensation Ins. Fund. V Industrial Com’n., 314 P.2d 288 (1957)

Books

Unsportsmanlike Conduct: Exploiting College Athletes by Walter Byers (1995)

The Cartel: Inside the Rise and Imminent Fall of the NCAA by Taylor Branch (2011)

Online Sources

NCAA Punishes Missouri in Blatant Academic Fraud Case

Kent Waldrep, Athlete Whose Injury Led to Advocacy, Dies at 67

The NCAA coined the term ‘student-athlete’ in the 1950s. Its time might be up.

Congressmen propose bill that would legally protect NCAA

IN THE KINGDOM OF THE SOLITARY MAN

Explosion: 1951 scandals threaten college hoops

History of NCAA

Antitrust Standards of Review: The Per Se, Rule of Reason, and Quick Look Tests

NCAA antitrust settlement effort challenged by lawyer from Ed O'Bannon case

COLLEGES ADOPT THE 'SANITY CODE' TO GOVERN SPORTS; N.C.A.A. Bans Scholarships in Which Athletic Ability Is the Major Factor

Resources:

Schooled: The Price of College Sports

What is NIL in college sports? How do athlete deals work?

Check out the prior NIL episodes by former editors, which came out right after the Alston decision.