For the Fall 2021 Special Issue on NCAA v. Alston, click here.
Name, image, and likeness (NIL) are the essential components to the right of publicity. The legal landscape for rights of publicity in college sports is rapidly evolving as many states have passed and introduced NIL laws and the federal government has made efforts to develop the structure for what national NIL legislation will look like. We have collected essays from a variety of experts on special topics regarding NIL. Read below to see what former and current college athletes, law professors, professional sports agents, law students, and sports attorneys see as the hottest issues surrounding NIL.
The False Dichotomy in Name, Image, and Likeness Legislation
Steven Bank is the Vice Dean for Curricular and Academic Affairs and Paul Hastings Professor of Business Law at UCLA School of Law. Professor Bank, who received his B.A. from the University of Pennsylvania and his J.D. from the University of Chicago, is a frequent commentator on sports law issues, particularly in the context of soccer, […]
It is Time to Share Revenue with Collegiate Athletes
Charles Grantham is Director and Faculty Associate Professor, Center for Sport Management, at Seton Hall University’s Stillman School of Business. He has also served as a Visiting Clinical Assistant Professor in New York University’s School of Professional Studies, Tisch Institute for Sports Management, Media and Business. He was the first Executive Vice President of the […]
Rethinking Regulation: The Case for a New Agency to Regulate Sport
Darren Adam Heitner, Esq. is the Founder of Heitner Legal, P.L.L.C., which is a law firm with many practice areas, including sports law and contract law. Heitner has represented numerous athletes and sports agents as legal counsel. Heitner serves as an Adjunct Professor at the University of Florida Levin College of Law, where he teaches […]
Fool Me Once, Shame On You; Fool Me Twice, Shame On Me: Why Congress Must Grant NCAA Athletes Group Licensing And Organization Rights in Name, Image and Likeness Legislation
Alicia Jessop, Esq. (Alicia.Jessop@pepperdine.edu) is a tenure-track Associate Professor of Sport Law at Pepperdine University. An attorney licensed to practice in California and Colorado, Alicia is the president-elect of the Sport and Recreation Law Association and serves on the editorial boards for the Journal of Legal Aspects of Sport and Sport Innovation Journal. A regular […]
The NIL in Amateurism’s Coffin: How the NCAA’s Policy Reversal Shows Once Again That Compensating Student-Athletes Won’t Hurt College Sports
Jeffrey L. Kessler and David L. Greenspan Jeffrey L. Kessler is Co-Executive Chairman of Winston & Strawn LLP and Co-Chair of the firm’s sports law practice. One of the world’s leading antitrust, sports law, and trial lawyers, Jeffrey has litigated some of the most famous sports-antitrust cases in history, including McNeil v. NFL, the landmark antitrust […]
Full Court Press: Highlights from the State Legislation Forcing the Issue on NIL
Nic Mayne (HLS ’18) is an attorney in the Portland, Oregon office of Miller Nash Graham & Dunn. A graduate of Harvard Law School and former member of the Journal of Sports and Entertainment Law, Nic’s practice is now focused on representing educational institutions, businesses, and individuals, including those in the sports and entertainment industries. […]
Student v. Student Athlete: How the New NIL Legislation Could Change the Game
Tom O’Connell is an MLB Certified Agent and Founder and President of O’Connell Sports Management, located in Tampa, FL. In this role, he has negotiated over $275 million in contracts and nearly $15 million in draftee bonuses. Tom has represented professional baseball players since 1997 and currently sits on the MLBPA Agent Advisory Board. Tom […]
Interview: A Proposal for Group Licensing of College Athlete NILs
Jeffrey F. Brown, James Bo Pearl, Jeremy Salinger, and Annie Alvarado are all authors of a forthcoming piece for JSEL’s Fall 2020 Edition on the topic of group licensing in NIL. Their interview covers topics explored in-depth in their journal article, the executive summary of which is excerpted below as a preview for their exciting […]
Sharing the Wealth: Considerations for Crafting Effective NIL Legislation
Michael Feblowitz is a 2020 graduate of Boston College Law School, cum laude, and an experienced author on the topic of NIL. Feblowitz was awarded First Place in the 2020 Sports Lawyers Association Student Writing Competition for his article, “One NIL: The Impact and Constitutionality of the Fair Pay to Play Act.” Prior to law […]
Shifting Lenses: How NIL Legislation Is Much Needed From Multiple Perspectives
Marvellous Iheukwumere is a rising 3L at Harvard Law School and an incoming online content chair for Harvard Journal of Sports and Entertainment Law. Prior to attending law school, Marvellous was a track & field student athlete at Columbia University. After college, Marvellous joined the NBA’s front office where she assisted with compliance and business […]
NCAA and an Antitrust Exemption: The Death of College Athletes’ Rights
Thaddeus Kennedy is from Dedham, MA. He is a rising senior at Harvard College, where he concentrates in History. Kennedy serves as the president of the Harvard Undergraduate Constitutional Law Society. He is an avid Boston sports fan and plays lacrosse. Recently, Kennedy gained admission to Harvard Law School through the Junior Deferral Program and […]
Navigating the Separation of Powers Labyrinth in Creating an Independent Oversight Body for the NCAA
Eli Nachmany is a second-year law student at Harvard Law School and the Managing Editor (Print) of the Harvard Journal of Sports and Entertainment Law. Prior to law school, Nachmany worked in the White House Office of American Innovation as a domestic policy aide and as the Speechwriter to the U.S. Secretary of the Interior. […]