CASELAW

Section 5: Federal preemption vs state authority

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A federal NIL framework that preempts the worst state-by-state divergences without erasing state authority where it works. • Federal floor: transparency, minor protections, cross-border, dispute resolution. • State authority preserved: tax treatment, in-state recruiting, education-related accommodations. • Preemption only where state divergence creates a race-to-the-bottom. Not a federal takeover. A federal floor with state ceilings.