Professor Kristen Blankley’s paper “House Rules: Arbitrating NIL in College Athletics,” has been accepted for publication in the Marquette Sports Law Review.
The paper takes a deep dive into arbitrating collegiate NIL disputes under the settlement in House v. NCAA. Blankley recommends features to make the system more accountable and transparent, including releasing key information about arbitration awards.
Abstract:
The House v. NCAA settlement represents a turning point in college athletics, introducing revenue sharing and new oversight of student-athlete name, image, and likeness (NIL) rights. A critical but overlooked feature of the settlement is its creation of an arbitration system to handle appeals when the College Sports Commission's clearinghouse, NIL Go, does not clear the proposed NIL contract. This Article situates the House arbitration system within the broader landscape of sports arbitration, drawing comparisons with the U.S. pro leagues and Olympic sports. This Article also draws lessons from the NCAA's prior administrative processes. Building on dispute system design theory, the Article argues that the House arbitration framework is incomplete and opaque, lacking clear rules on, among other things, arbitrator authority, standards of review, and transparency. It concludes with recommendations to strengthen legitimacy and accountability, including anonymized disclosure of arbitration outcomes to guide athletes, institutions, and the public.
