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TIMEOUT: A CASE FOR USING NIL LEGISLATIVE MOMENTUM TO EXTEND THE AUTHORITY OF THE DEPARTMENT OF EDUCATION TO REGULATE THE NCAA
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Journal Article
TIMEOUT: A CASE FOR USING NIL LEGISLATIVE MOMENTUM TO EXTEND THE AUTHORITY OF THE DEPARTMENT OF EDUCATION TO REGULATE THE NCAA
2022
Overview
The National Collegiate Athletic Association (NCAA) is a private, nonprofit organization whose mission is undeniably inseparable from higher education. While the courts historically served as the sole reviewer of many of the NCAA's actions and policies, interest in name, image, and likeness (NIL) laws has sparked a legislative movement. But recent legislative proposals to implement NIL fall short of legitimately holding the NCAA accountable. The Department of Education, tasked in part with overseeing postsecondary education across the nation, is well-equipped to regulate the NCAA's lapses in its governance of college athletics pertaining to gender inequality, sexual misconduct, discrimination, and education. The NCAA's impact on higher education warrants regulation, and the Department of Education is the agency best suited for the job. Congress should extend the oversight authority of the Assistant Secretary for Postsecondary Education to oversee and work with the NCAA to promote a more equitable college athletic environment and to implement NIL opportunities in an equitable manner.
Publisher
American Bar Association
Subject
