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An Evolving Landscape: Name, Image, and Likeness Rights in High School Athletics

Posted by on Saturday, April 20, 2024 in Essays, Volume 77, Volume 77, Number 3.

Epstein, Grow, & Kisska-Schulze | 77 Vand. L. Rev. 845

Amateur sports have entered a changing landscape. The onset of Name, Image, and Likeness (“NIL”) opportunities at the college level has prompted over half of state high school athletic associations to likewise permit high school student-athletes to pursue similar financial opportunities. The purpose of this Essay is not to argue for or against the emergence of NIL opportunities at the high school level but instead to explore this newly evolving landscape, identify accompanying financial dangers, and propose a statutory framework that builds upon California’s Coogan’s Law—a measure providing financial safeguards to children working in the entertainment industry—to better protect minor student-athletes entering into endorsement contracts.

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Adam Epstein, Nathaniel Grow, & Kathryn Kisska-Schulze