Working paper
ENFORCING & ARBITRATING NIL FAIR-MARKET VALUE
SSRN
University of Iowa College of Law Legal Studies Research Paper Series
04/28/2025
DOI: 10.2139/ssrn.5185033
Abstract
The parties' settlement agreement in In re: College Athlete NIL Litigation, more commonly known as House v. NCAA, has received significant attention from legal scholars, the national media and college athletics constituents. While those groups focus on settlement outcomes like universities sharing revenue with their student-athletes and roster limits, universities must prepare for some of the settlement's perhaps overlooked results. Specifically, the settlement agreement's inclusion of both a thirdparty and arbitration in name, image, and likeness ("NIL") rules enforcement is radical for college athletics and warrants examination and preparation.
Procedurally, a third-party entity will determine whether many studentathletes' NIL agreements exceed fair-market value. When the entity determines an NIL agreement exceeds fair-market value, it may impose penalties including declaring the student-athlete ineligible for competition. Per the settlement agreement, a student-athlete in this situation may renegotiate the NIL agreement or proceed with arbitration on an expedited timeline, with the athlete's university possessing the ability to fund the latter proceedings. This article examines these new processes and their significant ramifications for universities and their student-athletes.
Details
- Title: Subtitle
- ENFORCING & ARBITRATING NIL FAIR-MARKET VALUE
- Creators
- Joshua J Lens - University of Iowa, Health, Sport, and Human Physiology
- Resource Type
- Working paper
- Publication Details
- SSRN
- Series
- University of Iowa College of Law Legal Studies Research Paper Series
- DOI
- 10.2139/ssrn.5185033
- Number of pages
- 24
- Language
- English
- Date posted
- 04/28/2025
- Academic Unit
- Health, Sport, and Human Physiology
- Record Identifier
- 9984826936902771
Metrics
20 Record Views