University of St. Thomas Law Professor David Grenardo has published "Preparing for the Inevitable – Compensating College Athletes for Playing – By Comparing Two Pay-For-Play Methods: The Duke Model Versus the Free Market Model." It is forthcoming in volume 53 of the University of Memphis Law Review.
Grenardo will speak at the journal's symposium, (How Much) Should We Pay Them? The Shifting Legal Landscape of Collegiate Competition, on Feb. 24.
From the abstract:
Although there will certainly be more struggles before it happens, both the arrival of Name, Image, and Likeness (NIL) deals for college athletes and also the Supreme Court of the United States’ decision in NCAA v. Alston that gave notice to all, particularly the NCAA, that college athletes should not be exploited any further, indicate pay-for-play is inevitable.
The question surrounding pay-for-play then changes from whether it will happen to when it will start and what it will look like. A date certainly cannot be placed on when college athletes will receive compensation for playing, but the time is coming near. As for how they will be paid, this article focuses on examining two potential methods to pay college athletes – a performance-based model and a free market model.