Recent market trends in college athletics elicit the true effects of the NCAA’s constraint on student athletes across the United States. Since the NCAA’s inception, student athletes have not been justly compensated for their efforts on the field—the NCAA and its member universities hoard the spoils that come about from these students’ world-class athletic abilities. This inequity is becoming more apparent than ever before, as college athletics is shifting towards a more pro-athlete landscape where they can finally profit from their athletic status and contributions. The NCAA’s justifications in prohibiting athletics compensation is quickly losing merit as we enter a new era of college athletics.

This Note discusses the power imbalance between the NCAA and student athletes, recent market trends in college athletics, the NCAA’s justifications in prohibiting student athletic compensation, and the judicial scrutiny that arose from such prohibitions. I propose implementing a deferred compensation plan that levels the playing field between the NCAA and student athletes. This plan alters the current landscape of college sports by awarding athletes their fair share of the revenues they collectively generated through their efforts on the field.

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