uNILateral Decisions

The Stable Media

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

  1. 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

  2. Jul 9

    Student-Athlete Taxes and the Cost of Fandom on Capitol Hill with Jesse Dougherty

    College sports is a topic of conversation with Congress again — but this time, the discussion wasn’t about transfer rules or eligibility; it was about stadium subsidies, tax‑exempt bonds, athlete taxation and the billionaire class reshaping the fan experience. On this episode of uNILateral Decisions, Joe Nickell, Mike Walsh and Sam Ehrlich are joined by Jesse Dougherty, sports enterprise reporter at NOTUS and longtime Washington Post journalist, to break down a House Ways & Means Committee hearing that flew under the radar but could have implications for college athletics. Jesse explains how the hearing — originally sparked by the Kansas City Chiefs’ stadium relocation — quickly expanded into a broader examination of tax‑exempt municipal bonds, public stadium financing and the rising cost of fandom across both professional and college sports. Members of Congress expressed bipartisan frustration with how billionaire owners leverage public money for private gain, while fans face higher ticket prices, more luxury seating and increasingly fragmented streaming experiences. But the most surprising part of the hearing centered on college athletes and taxes. Witnesses highlighted how NIL earnings currently lack mandatory tax withholding, leaving 18‑ to 20‑year‑olds scrambling each spring to figure out what they owe — often with no institutional support. The panel discusses whether Congress might pursue narrow, athlete‑focused tax reform, including standardized withholding or financial‑literacy requirements, and why such targeted legislation may be more realistic than sweeping NCAA‑wide bills. The conversation also explores how for‑profit athletic department models, private‑equity involvement and LLC‑style structures could eventually put pressure on universities’ tax‑exempt status — especially as stadiums become more commercialized and donor‑driven. Finally, the hosts close with their weekly uNILateral decisions, offering one federal tax policy change they believe could help college athletics adapt to its rapidly evolving financial reality — from employee classification to mandatory withholding to preserving donor deductibility. Topics include:  •Stadium subsidies, tax‑exempt bonds, and public financing  • NIL earnings and the lack of mandatory tax withholding  • The rising cost of fandom and luxury‑driven stadium design  • How billionaire ownership shapes both pro and college sports  • The HUSTLE Act and other narrow tax‑policy proposals  • For‑profit athletic department models and tax‑exempt scrutiny  • Whether athlete employment is becoming unavoidable  • What Congress might realistically tackle next Subscribe for weekly conversations on NIL, athlete compensation, eligibility, governance, antitrust issues and the rapidly changing business of college sports.

  3. Jul 2

    Inside the Protect College Sports Act with Alex Kirshner

    The conversation around federal legislation in college sports is heating up, and this week we're joined by one of the industry's most respected voices to break it all down. This week we're joined by Alex Kirshner, co-host of the Split Zone Duo podcast and one of the leading journalists covering the business of college athletics. His work has appeared in Slate, The Atlantic, The Ringer, FiveThirtyEight, The Guardian, and numerous other national publications. Alex joins the show to discuss the Protect College Sports Act, why it has gained momentum in Congress, and whether it has any realistic path to becoming law. We examine the bill's biggest provisions, including athlete eligibility, medical protections, conference governance, collective bargaining, media rights, and restrictions on future conference realignment. Along the way, we debate whether college sports is moving toward a future controlled by individual conferences, why athlete representation remains the bill's biggest obstacle, and what changes would make the legislation more likely to succeed. As always, we wrap up with our Unilateral Decisions, where each host proposes amendments that could improve the bill's chances while better serving the future of college athletics. Topics include: • The Protect College Sports Act (SCORE Act) explained • Why Congress is paying attention to college athletics • The future of athlete compensation and collective bargaining • SEC and Big Ten governance • Conference realignment and media rights • Four- and five-year eligibility proposals • Medical protections for athletes • Our proposed amendments to the bill Whether you follow college athletics as a fan, administrator, attorney, or industry professional, this episode provides an in-depth look at one of the most consequential pieces of legislation currently shaping the future of college sports.

  4. Jun 25

    Chaotic Noise Drowning Out Big Changes

    On this episode of uNILateral Decisions, Joe Nickell, Mike Walsh and Sam Ehrlich break down a whirlwind week in college athletics. While headlines focused on the ongoing Sorsby saga and the rollout of the new five‑for‑five eligibility model, a major change quietly dropped in the middle of it all: the College Sports Commission (CSC) raised the NIL Go review threshold from $600 to $15,000, a dramatic shift that will redefine how third‑party NIL deals are evaluated. But as the panel argues, the real story isn’t just the number — it’s what the change reveals about power, pressure and the future of governance in college sports. The group examines why the CSC made this move and explore how this shift fits into the broader landscape of the House settlement, class‑counsel oversight and the growing tension between efficiency and enforcement. The conversation then turns to the immediate legal fallout from the five‑for‑five rule. Lawsuits were filed within hours of passage — including a case on behalf of 15 athletes in Ohio — and dozens more are expected across multiple states. The panel digs into the roster‑limit complications that could arise if courts grant injunctions, the possibility of designated‑student‑athlete status returning and why the NCAA may prefer chaos over creating new incentives for litigation. Finally, the episode closes with a legal breakdown of the Sorsby vs. NFL situation — including why antitrust claims are dead on arrival due to the non‑statutory labor exemption, why state‑law claims are preempted by federal labor law and why the NFLPA is unlikely to support a grievance that would cost a current member a roster spot. Topics include: • The CSC’s decision to raise the NIL Go review threshold to $15,000 • Why the Big Ten and SEC pushed for faster NIL deal approvals • How NIL Go review, fair‑market‑value checks and valid‑business‑purpose rules now interact • The first wave of five‑for‑five lawsuits — and why many more are coming • Whether eliminating waivers entirely violates judicial expectations for individualized review • Roster‑limit challenges and the possibility of designated‑student‑athlete status • The “ghost‑rule” transfer‑portal penalty and why plaintiffs are targeting it • The legal reality of Sorsby’s supplemental‑draft fight with the NFL Subscribe for weekly conversations on NIL, athlete compensation, eligibility, governance, antitrust issues and the rapidly changing business of college sports.

  5. Jun 18

    Is This the End of NCAA Power?

    The Brendan Sorsby saga is finally over—but the fallout may be just beginning. On this episode of uNILateral Decisions, Joe Nickell is joined by Mike Walsh, and Sam Ehrlich to break down the conclusion of one of the most controversial eligibility disputes in recent college athletics history. After months of legal battles, public pressure, and conference intervention, Sorsby and Texas Tech have agreed to end the fight for NCAA eligibility, with Sorsby instead declaring for the NFL Supplemental Draft. But the panel argues that the real story isn't Sorsby. The group examines how the Big 12's unprecedented decision to challenge one of its own member institutions may have provided a blueprint for the future of college sports governance. Could conferences become the true power brokers in college athletics? Is this proof that conferences can enforce rules and protect their collective interests when the NCAA cannot? The conversation also explores the growing push for federal legislation, including the Protect College Sports Act (PCSA), and why lawmakers, conferences, athletes, and professional player associations are increasingly finding themselves on opposite sides of the debate. The hosts discuss whether Congress can realistically solve college athletics' governance issues—or if collective bargaining and conference-led models are the more likely path forward. Topics include: • The resolution of the Brendan Sorsby eligibility case • Why Texas Tech and Sorsby ultimately backed down • The Big 12's lawsuit and what it means for conference authority • State attorney general involvement in college sports disputes • The Protect College Sports Act (PCSA) • Federal legislation versus conference governance • Collective bargaining and athlete employment • Whether conferences like the SEC, Big Ten, and Pac-12 will shape the future of college athletics Subscribe for weekly conversations on NIL, athlete compensation, eligibility, governance, antitrust issues, and the rapidly changing business of college sports.

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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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