This episode of Sports and Courts with attorney Brett Hastings dives into the sweeping changes reshaping college athletics, particularly around NIL (Name, Image, Likeness) compensation. Hastings explains the implications of a new system allowing schools to pay athletes directly—up to $21.5 million per year—while a newly formed College Sports Commission and clearinghouse regulate the value of deals to prevent overpayment and abuse. The conversation highlights how NIL is evolving from a booster-driven free-for-all to a more structured, regulated model, with arbitration mechanisms replacing courts as the forum for disputes.
Hastings raises critical legal concerns about arbitration, especially the lack of appeal rights and potential for unfair or inconsistent rulings. He draws on his experience as a personal injury trial lawyer to highlight risks for athletes bound by decisions made without true representation. The episode also questions how the market will determine fair NIL value, referencing high-profile figures like Cooper Flagg and Livvy Dunne. Overall, Hastings warns that while this system offers much-needed structure, it’s likely to face legal challenges and growing pains as athletes, schools, and collectives adjust to the new rules of the game.