Date of Graduation

12-2023

Document Type

Thesis

Degree Name

Bachelor of Science

Degree Level

Undergraduate

Department

Health, Human Performance and Recreation

Advisor/Mentor

Harry, Molly

Committee Member/Reader

Lens, Joshua

Abstract

On July 1, 2021, the NCAA released their interim NIL policies, reversing its stance from prohibiting college athletes from being compensated for their name, image, or likeness to permitting college athletes to acquire compensation in return for the use of their NIL by third parties unrelated to the athlete’s institution. As such, state NIL laws, which have only existed since 2019, have become the primary measure on what is or is not permissible in relation to NIL. State NIL laws have already evolved repeatedly since their creation, thus causing confusion on what the state NIL laws permit and prohibit. These evolutions have been guided by isomorphism, or a trend towards sameness, due to both uncertainty in the NIL environment, as well as the desire for institutions to remain competitive in offering NIL opportunities and recruiting prospective athletes. State NIL laws feature many consistent themes, such as provisions primarily targeting college athletes or institutions, provisions protecting college athlete’s ability to acquire representation for NIL activities, and provisions requiring the implementation of NIL related programming. Amendments to state NIL laws are a major source of competitive developments in the NIL environment, either eliminating provisions that restrict institution’s and college athlete’s use of NIL, or adding provisions that provide a competitive advantage for institutions wishing to aid or support their college athletes in acquiring NIL deals.

Keywords

NIL, state NIL laws, isomorphism, representation, NIL programming

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