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36 J. Legal Aspects Sport 1 (2026)

handle is hein.journals/jlas36 and id is 1 raw text is: Journal of Legal Aspects ofSport, 2026,36,1-30 https://doi.org/I0.18060/28809 © Leonard Genova and Thomas Baker The Need for Agent Oversight in the Wild West of NIL Leonard Genova and Thomas Baker This article examines the changing legal landscape surrounding amateur athleticism that has evolved with the passage of the Fair Pay to Play Act that has made it legal for college athletes to be compensated for their name, image, and likeness [NIL]. Tracing the legal foundations that have created this new definition of amateurism, the article probes the problems that have now arisen based on the lack of specific policies and regulation, specifically the absence of any meaningful oversight of sports agents. There exists a history of athlete exploitation at the hands of agents in college sports. The redefinition of amateurism inthe NIL era has upended traditional boundaries in college sports, exposing major issues in agent regulation. The shift has collided with a fragmented legal framework that includes a patchwork of state NIL laws and seldom enforced and possibly outdated existing statutes, leaving college athletes vulnerable and regulatory enforcement inconsistent. This article explores problems and concerns involving athlete representation in college sports and concludes with the exploration of the most practical solutions to protect college athletes from unscrupulous agents until a more comprehensive and permanent solution can be created. Keywords: amateurism; name, image and likeness (NIL); agent; eligibility; NCAA Introduction While updating existing athlete-agent statutes to address name, image, and likeness [NIL] is beneficial in the short term, the most effective long-term protection for college athletes lies in recognizing them as employees with the right to unionize and collectively bargain. This status would allow for representation by a player's association capable of establishing and enforcing agent regulations comparable to those in professional sports. At its inception, the National Collegiate Athletic Association [NCAA] legitimized college football resulting in the commercialization Leonard Genova, JD, is a PhD candidate in the Department of Kinesiology at the University of Georgia. His research interests include sport law and the governance of intercollegiate athletics. Email: leonard.2enovw huga.edu Thomas Baker, PhD, JD, is a professor in the Department of Kinesiology at the University of Georgia. His research interests include sport law and the commercial regulation of professional and collegiate sport. Email: tab3(duga.edu n