uNILateral Decisions

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Where College Athletics Meets Legal Reality Timely breakdowns of legal decisions and their impact on the NCAA, schools and student athletes.

  1. Aug 27

    How Louisiana Is Changing Athlete Protection with Olivia Nuss

    This week on uNILateral Decisions, Mike Walsh, Joe Nickell, and Sam Ehrlich sit down with Olivia Nuss, Assistant Attorney General in Louisiana, to break down the state’s sweeping new approach to regulating NIL agents — a framework that could reshape athlete protection across college sports. The conversation digs into why Louisiana moved first, what problems the law is designed to solve, and how the absence of national standards has allowed predatory behavior to flourish in the NIL marketplace. The hosts explore the realities behind NIL deal‑making, including the rise of unregulated agents, the financial risks facing high school and college athletes, and the legal gaps left by outdated federal statutes like UAAA and SPARTA. Olivia walks through the details of Louisiana’s new registration system — from background checks and training modules to disclosure requirements and enforcement powers — and explains why state‑level oversight has become the only viable path while the NCAA remains unable to regulate third‑party actors. Topics include: Why NIL agents have operated with little oversight — and how that created space for predatory contractsLouisiana’s new agent‑registration system and mandatory training requirementsHow background checks, disclosures, and public registries aim to protect high school and college athletesThe legal limitations of UAAA and SPARTA in the modern NIL eraWhy the NCAA cannot regulate NIL agents without major antitrust exposureExamples of exploitative NIL deals and long‑term athlete lock‑insThe role of the Attorney General’s office in enforcement, penalties, and athlete remediesHow state‑level regulation could influence future federal legislation Subscribe for weekly conversations on NIL, athlete compensation, eligibility, governance, antitrust issues, and the rapidly changing business of college sports.

  2. Aug 15

    A 6-Star Episode (Because 5 Was Taken) | Jayden Daniels vs LSU

    Jayden Daniels has sent a cease-and-desist letter to LSU, demanding the school stop using his name, image and likeness — and the dispute raises questions that go far beyond one former Heisman Trophy winner. This week on uNILateral Decisions, the crew breaks down where the line exists between celebrating a former athlete’s legacy and commercially using their NIL. What rights should schools have to historical photos, highlights and facility branding? What happens when those highlights are attached to sponsors? And could former athletes begin challenging how schools, conferences and broadcasters continue to use their likeness years after they leave campus? The group also digs into the other piece of the Daniels-LSU dispute: No. 5. Should Daniels’ number have been taken out of circulation? Could jersey-number protections eventually become part of player contracts? And how many numbers can a football program realistically retire? Plus, Mike explains how NIL licensing timelines already work in the trading card industry, Sam examines the right-of-publicity questions behind these disputes, and Joe and Dom look at what athletic departments should be doing now to protect themselves. Topics include: Jayden Daniels’ cease-and-desist letter to LSULSU giving No. 5 to another playerNIL rights after an athlete leaves schoolEditorial use vs. commercial use of former athletesHistorical highlights and broadcast NILSponsored content featuring former playersRetired jerseys vs. retired numbersHow schools should handle legacy athletesWhy NIL agreements may need to address these rights moving forwardA 6-Star Episode — because 5 was taken. :::

  3. Aug 7

    The Five‑for‑Five Rule Is Breaking College Sports

    This week on uNILateral Decisions, Mike Walsh, Joe Nickell, and Sam Ehrlich break down the nationwide legal turmoil surrounding the NCAA’s new five‑for‑five eligibility rule—and why the class of 2022 has suddenly become the center of the biggest eligibility fight in college sports. The conversation digs into how we got here, why courts across the country keep siding with athletes, and how the Colorado class‑action injunction has thrown every compliance office in America into scramble mode. The hosts unpack what the rule was supposed to fix, why it’s now colliding with transfer‑portal restrictions, and how the NCAA’s emergency appeals could reshape the fall sports landscape overnight. They also examine the practical fallout for coaches and administrators: roster limits, scholarship caps, athletes returning after months away from training, and the looming possibility of new lawsuits if schools can’t accommodate newly eligible players. And yes—they get into Charlie Baker’s “failed professionals” comment, what he was really trying to signal, and why it matters for Congress, public perception, and the NCAA’s long‑term strategy. The episode wraps up with another round of uNILateral Decisions, as each host weighs in on what should happen next—and what it would take for the NCAA, conferences, and courts to finally land on a stable eligibility model. Topics include: The NCAA’s shift toward eliminating redshirts and simplifying eligibility Why the class of 2022 is suing—and why judges keep granting injunctions The Colorado ruling’s national impact after class certification Confusion around transfer‑portal access vs. eligibility access How roster limits and scholarship caps complicate fall‑sport planning The NCAA’s emergency appeals strategy and the 10th Circuit timeline Charlie Baker’s “failed professionals” remark and its political implications Whether courts could force roster expansion or further rule changes The growing tension between judicial authority and NCAA governance Mike, Joe, and Sam’s uNILateral Decisions on the future of eligibility and athlete rights Subscribe for weekly conversations on NIL, athlete compensation, eligibility, governance, antitrust issues, and the rapidly changing business of college sports.

  4. Jul 30

    College Athlete Unionization Just Took A Major Step Forward…

    This week on uNILateral Decisions, Mike Walsh, Joe Nickell, and Sam Ehrlich unpack Stanford football’s announcement that its players intend to unionize and collectively bargain with the ACC. The conversation dives into what this moment really means, why it’s more complicated than it looks, and how it fits into the broader push toward employment status in college sports. The hosts explore the legal hurdles ahead—including public‑employee restrictions across ACC states, the strategic decision to delay filing with the NLRB until the political landscape shifts, and the possibility of voluntary recognition becoming a flashpoint for conferences and the NCAA. They also examine why collective bargaining is increasingly viewed as the “endgame” by administrators across the country, even as federal legislation remains the preferred path for many power brokers. The episode wraps up with another round of uNILateral Decisions, as each host weighs in on what they believe should happen next—and what it would take for college sports to finally reach a stable, sustainable model. Topics include:Stanford football’s move toward unionization and support for the College Football Players AssociationWhy 30% athlete support matters—and why conference‑wide action is the real thresholdThe ACC’s unique public/private membership challenge for collective bargainingHow roster turnover and timing make union momentum fragile heading into fall campThe growing acceptance of athlete employment status among coaches and ADsWhy conferences—not the NCAA—are the most logical bargaining unitsThe legal and political barriers to creating a private employer model for college athletesWhether voluntary recognition could accelerate change—or trigger NCAA backlashWhy federal legislation remains option A, and collective bargaining option B, for the Power TwoMike, Joe, and Sam’s uNILateral Decisions on the future of athlete labor rights Subscribe for weekly conversations on NIL, athlete compensation, eligibility, governance, antitrust issues and the rapidly changing business of college sports.

  5. Jul 17

    The Future of College Sports: Separating Football from Olympic Athletics

    Regional conferences may be disappearing, but should they? In this episode of uNILateral Decisions, Dominic Shelden, Sam Ehrlich, Joe Nickell, and Mike Walsh tackle one of the biggest structural questions facing college athletics: should football break away from the traditional conference model while Olympic sports return to regional competition? The crew examines why football's television-driven business has fundamentally changed conference alignment, explores promotion-and-relegation concepts that could reshape the sport, and discusses whether non-football sports should be organized around geography instead of media revenue. This episode also dives into the groundbreaking proposal authored by Mike Walsh in 2023 through Impact NIL. Long before many of today's reforms entered the national conversation, the proposal outlined a comprehensive vision for the future of college athletics—including regionalized Olympic sports, a restructured football model, athlete revenue sharing, modernized governance, and long-term sustainability. As the panel discusses, many of the concepts that once seemed ambitious are now becoming central to the sport's evolution. Read the full proposal here: https://www.impactnil.com/proposal They also dive into the legal and financial realities driving these decisions, including the employee-status lawsuits facing the NCAA, the growing pressure to cut Olympic sports, the complicated role of Title IX, and whether pooling media rights could restore regional rivalries—or create an entirely new set of problems. If college sports are headed for another major realignment, this conversation explores what the future could actually look like. Topics include: Why football no longer fits the traditional conference modelA promotion-and-relegation proposal for FBS footballReturning Olympic sports to regional conferencesThe financial pressures facing athletic departmentsEmployee-status litigation and its impact on college athleticsTitle IX challenges in the revenue-sharing eraWhether pooled media rights could save regional rivalries

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Where College Athletics Meets Legal Reality Timely breakdowns of legal decisions and their impact on the NCAA, schools and student athletes.

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