Kentucky Governor Acts in the Wake of NCAA Incompetence on NIL cover art

Kentucky Governor Acts in the Wake of NCAA Incompetence on NIL

Kentucky Governor Acts in the Wake of NCAA Incompetence on NIL

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 By executive order dated June 24th, 2021, Kentucky Governor Andy Beshear issued temporary name, image, and likeness regulations that provide athletes in Kentucky NIL rights. With a NIL law pending in the Kentucky legislature, Beshear acted preemptively to ensure that Kentucky schools are not left at a competitive disadvantage in the ever-important talent acquisition market. Beshear’s executive order offers a new pathway for states who do not have NIL laws to preserve their competitive interests. Beshears order leaves to the universities broad discretion to define specific NIL rules and the NIL marketplace. This pathway makes a mockery of the NCAA’s campaign for absolute “uniformity” in NIL regulation. Now, rather than 50 different NIL standards, there could theoretically be 1,100 different standards. It remains to be seen whether other governors in states that have no NIL law set to go into effect on July 1st will follow Kentucky’s lead. I also preview another huge event on June 24th: a federal court order from Judge Claudia Wilken—the same judge who presided over O’Bannon and Alston—that paves the way for a new legal theory in athlete challenges to NCAA compensation limits. Buckle up. It’s going to be a wild ride!

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