NIL
Navigating Insurance in the NIL Era


Navigating Insurance in the NIL Era: What It Means for Universities, Athletes, Brands, and Families
The landscape of college athletics is undergoing a seismic shift with the rise of name, image, and likeness (NIL) rights. As student-athletes gain the ability to monetize their personal brands, a new era of opportunity—and liability—is expanding far beyond the athletes. In addition to the student-athletes, NIL stakeholders include universities, athletic conferences and organizations, sponsors, and the athletes’ families, among others. Whether the goal is to guard against emerging liabilities or protect the NIL revenue stream itself, stakeholders should consider both traditional and specialty lines of insurance. Here’s what you need to know.
1. What Are NILs?
NIL rights allow college athletes to profit from their personal name, image and likeness—essentially, their brand—while maintaining amateur status. This includes earning income through endorsements, social media, appearances and other commercial ventures. Ever since the US Supreme Court held in 2021 in NCAA v. Alston that NCAA member institutions were free to offer education-related compensation to student-athletes, doors have opened wide for athletes to engage in business opportunities that were previously off-limits, fundamentally altering the collegiate sports economy.
2. The House Settlement: A New Precedent
In May 2025, the landmark $2.8 billion settlement reached in House v. NCAA was finalized, reshaping NIL and revenue-sharing frameworks for college athletics. Often referred to as the “House Settlement,” it resolves multiple antitrust lawsuits and paves the way for direct revenue sharing between universities and athletes. Importantly, this settlement marks a turning point, signaling the NCAA’s acknowledgment of athletes as stakeholders in the multibillion-dollar collegiate sports industry.
3. New Precedent Breeds New Risks for Stakeholders
With new rights come new risks. The expansion of NIL rights and revenue-sharing models introduces complex liability exposures for all parties involved:
- Universities may face management and board-level liability for failing to adequately monitor NIL deals, ensure Title IX compliance, or for violations of the tax code that could jeopardize their 501(c)(3) tax exempt status.
- Athletes risk breaching contracts, violating NCAA or institutional policies, or becoming entangled in disputes over representation and compensation.
- Brands partnering with athletes must navigate reputational risks and ensure compliance with advertising and endorsement regulations.
- Families of athletes, often involved in managing NIL opportunities, may inadvertently expose themselves to tax liabilities or legal disputes if not properly advised.
And, critically for all of the above, consideration must be given to the potential for injury, academic failure, disciplinary suspension or expulsion and transfer, all of which stand to impair or cut off lucrative NIL revenue streams. Interested parties will want to take appropriate steps to protect NIL revenue should a disrupting event occur.
4. Insurance Solutions to Hedge Against Liability
To mitigate NIL-related risk, stakeholders should consider both specialized and traditional insurance products tailored for the NIL era. For example, NFP’s Sports and Entertainment Group offers a suite of coverage options designed to protect athletes, institutions, and affiliated entities, including:
- Permanent Total Disability (PTD) and Temporary Total Disability (TTD): Protects athletes’ future earnings in case of injury or illness.
- Loss of Value (LOV): Covers the financial gap if an athlete’s projected professional value declines due to injury.
- Critical Injury Coverage: Offers lump-sum benefits for catastrophic injuries.
- Group Disability Plans: Customizable for universities, conferences, or NIL collectives, these plans spread risk across multiple athletes and sports.
Traditional lines of insurance—such as directors and officers liability (D&O), commercial general liability (CGL), errors and omissions (E&O), and media liability—can also protect stakeholders against NIL-related liabilities. For example:
- CGL and media liability policies may provide coverage for claims arising from the advertising and use of an athlete’s NIL.
- E&O and D&O insurance can protect institutions and brands from allegations of missteps in negotiating or overseeing NIL agreements.
Insurance is not just a reactive measure—it is a strategic tool that enables stakeholders to participate in the NIL ecosystem with confidence and foresight. As the NIL era continues to evolve, look for the emergence of more specialized insurance products, as well as litigation surrounding the scope and applicability of both traditional and NIL-specific coverage.
Final Thoughts
The NIL era is here, and with it comes a new set of responsibilities. Universities, athletes, brands, and families must work proactively to navigate this evolving landscape. By understanding the risks and leveraging both traditional and tailored insurance solutions, stakeholders can protect their interests while empowering athletes to thrive both on and off the field.
Hunton’s Higher Education working group, of which the insurance team is a member, is actively monitoring these developments and seeking proactive risk mitigation and financing solutions for its clients. Stay tuned to stay informed on all things insurance in the NIL era.
NIL
Three Potential Quarterback Transfers That Make Sense for Oregon Ducks
Although he hasn’t made his intentions known, Oregon Ducks’ quarterback Dante Moore has a chance to become one of the top players selected in the 2026 NFL Draft if he chooses to declare. The junior quarterback has thrown for 3,046 yards and 29 touchdowns, leading the Ducks to their second straight College Football Playoff appearance.
If Moore does wind up turning pro, here are three quarterback transfers who the Ducks could wind up targeting this offseason.
1. Sam Leavitt

One of the top players who will enter the transfer portal is Arizona State’s Sam Leavitt. He helped the Sun Devils to a Big 12 title and a CFP appearence in 2024. This past season, he was plagued by an injury that limited him to just seven games.
Leavitt will have plenty of suitors interested in his services and the Ducks should be among them if Moore ends up declaring for the draft. He is currently ranked as the No. 1 quarterback and No. 2 player in the transfer portal according to 247Sports’ rankings.
Although his NIL price tag will be high, the Washington state native could be the perfect one-year rental for Oregon as they aim to make the CFP for a third straight season in 2026.
2. Drew Mestemaker

Arguably the biggest riser from the entire 2026 season, North Texas’s Drew Mestemaker, a former walk-on, exploded onto the scene and led the country with 4,129 yards and threw for 31 touchdowns in his first season as the Mean Green’s starter.
Mestemaker would be another solid choice as a one-year rental for Oregon. The jump from the American to the Big Ten would be a big one in terms of competition, but the surrounding cast around him will be strong. He ranks as the No. 2 quarterback and No. 3 player in the portal.
MORE: Dan Lanning Reveals Oregon Ducks’ Christmas Plan Ahead Of Texas Tech
MORE: Tickets Surge For Oregon vs. Texas Tech In Historic Orange Bowl
MORE: Oregon Quarterback Dante Moore Becoming Biggest Question of NFL Draft
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3. Kenny Minchey

The only unproven option on the list, Notre Dame’s Kenny Minchey lost the starting competition to CJ Carr before the start of the year. He only appeared in six games for the Fighting Irish before electing to hit the transfer portal at the end of the regular season. Minchey threw for 196 yards this season.
The potential is there with Minchey, who was a former highly-touted recruit. He was the No. 14 quarterback and No. 169 player in the country during the 2023 recruiting cycle according to 247Sports’ rankings. As a transfer, he checks in as the No. 9 quarterback and No. 23 player in the country.
If Minchey does land with Oregon, he could be a multi-year starter for the Ducks similar to a situaion with Joe Burrow and LSU. Burrow, a talented high school recruit, was beat out at Ohio State and transferred to LSU where he was a two-year starter for the Tigers.
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NIL
Big Ten Team Emerges as Dark Horse in National Championship Odds
The Oregon Ducks are among the eight teams left in the College Football Playoff. Next up for the Ducks are the Texas Tech Red Raiders in the Orange Bowl.
With the college football season winding down, who are the favorites to win the national championship?
Oregon With 4th Best National Title Odds

According to DraftKings Sportsbook, Oregon has the fourth best odds to win the national title at +750. Here are the odds for all of the remaining teams:
Ohio State Buckeyes +190
Indiana Hoosiers +320
Georgia Bulldogs +475
Oregon Ducks +750
Texas Tech Red Raiders +850
Alabama Crimson Tide +1800
Miami Hurricanes +2200
Ole Miss Rebels +2500
The path for the Oregon to win their first national championship in program history will begin at the Orange Bowl against Texas Tech. The Ducks are currently a 2.5-point favorite over the Red Raiders. If Oregon were to win this game, they would advance to the semi-finals against the winner of the Indiana-Alabama game. With Indiana and Ohio State being the top two teams in the rankings and betting odds, it solidifies Oregon as the Big Ten dark horse.

Oregon has seen Indiana one time already this season. They faced off in October in Autzen Stadium and the Hoosiers handed the Ducks their only loss of the season to this point. It was an impressive showing for Indiana, who put the country on notice in this game by snapping the nation’s longest active home winning streak.
The Ducks were in the quarterfinals of the playoff last season after earning the No. 1 overall ranking in the field and earning a first round bye. Their run did not last long as Ohio State beat them in the Rose Bowl.
MORE: Dan Lanning Reveals Oregon Ducks’ Christmas Plan Ahead Of Texas Tech
MORE: Tickets Surge For Oregon vs. Texas Tech In Historic Orange Bowl
MORE: Oregon Quarterback Dante Moore Becoming Biggest Question of NFL Draft
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Ohio State Favored To Repeat As National Champions

The favorites heading into the quarterfinals is Ohio State. This comes as no surprise as the Buckeyes have been the odds on favorites to win the national title for a majority of the season. They looked as dominant as ever in the regular season, allowing just about eight points per game. The Buckeyes had a hiccup in the Big Ten championship game, where they lost to Indiana.
If Ohio State were to win the title this season, it would be their second in a row. After earning the No. 8 seed in the playoff last season, the Buckeyes ran through the rest of the field, beating Tennessee, Oregon, Texas, and Notre Dame to win their first national championship since the 2014-15 season.
Ohio State is ranked No. 2 this year and will face No. 10 Miami in the Cotton Bowl. The Buckeyes are heavy favorites with a 9.5-point spread in their favor for that quarterfinal matchup.
- Game odds refresh periodically and are subject to change.
- If you or someone you know has a gambling problem and wants help, call 1-800-GAMBLER.
NIL
Damon Wilson II Sues Georgia as NIL Legal Dispute Escalates
In the wake of the University of Georgia Athletic Association (UGAA) recently suing him for $390,000 over a breached NIL deal, Missouri defensive end Damon Wilson II—who played for the Bulldogs in 2023 and 2024—sued UGAA and others on Tuesday. Wilson insists his NIL deal wasn’t a contract and thus isn’t enforceable, and that UGAA falsely told other schools he had to pay a $1.2 million buyout to transfer.
Wilson’s complaint was filed in Boone County (Mo.) Circuit Court, a potentially friendlier forum for the Tigers star than Athens-Clarke County (Ga.) Superior Court, where UGAA sued him in October.
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As detailed by Sportico, UGAA seeks a court order to compel arbitration. On Dec. 21, 2024, Wilson signed what UGAA says was a 13-month, $500,000 NIL deal with Classic City Collective (CCC)—a Georgia-aligned former NIL collective that shut down after U.S. District Judge Claudia Wilken approved the House settlement. In that process, CCC assigned its Wilson contract to UGAA, meaning the athletic association has the legal right to enforce the contract.
Four days after he signed the original agreement—Christmas Day 2024—CCC paid Wilson $30,000. In early January, the player entered the transfer portal and then joined Missouri. UGAA contends that Wilson breached his NIL deal by entering the transfer portal and that the deal contains a $390,000 liquidated damages provision. In general, a liquidated damages provision is designed to clarify the amount of money a contracting party owes in the event of a breach.
Through Jeff Jensen, Bogdan Susan and other attorneys from Torridon Law and Holder Susan Slusher, Wilson offers a very different retelling of events.
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Wilson argues he only signed a term sheet that “contained a non-binding list of key terms” that “would be used to create a legally binding document.” The term sheet, Wilson says, went so far as to say it “precedes” a “full License and Option Agreement” that would reflect a “full legal contract.” The term sheet also allegedly directs Wilson to “seek legal counsel” before signing a “full License and Option Agreement.” Wilson says CCC didn’t present him with the full agreement and thus he wasn’t in contract with CCC.
Wilson’s complaint implies he was surprised when, four days after signing the term sheet, he was paid $30,000. When CCC later demanded he pay $390,000, Wilson says that was part of UGAA’s “coordinated effort” to “strong-arm” the player and “punish” him for entering the portal. Wilson contends that UGAA has violated confidentiality provisions in the term sheet by leaking term sheet provisions “to sympathetic news outlets and affiliates to tarnish Wilson’s reputation.”
Further, Wilson claims that UGAA has no right to compel arbitration since—he says—he never agreed to mandatory arbitration. As described by Wilson, the term sheet ambiguously references “arbitration” and omits key details including the method for appointing an arbitrator, the applicable procedure for arbitration and a specific scope of topics subject to arbitration.
Wilson describes UGAA and by extension “sophisticated and prominent universities like Georgia” as “exploiting their bargaining power” in the aftermath of the House settlement. Among other features, the settlement allows participating colleges to directly pay athletes a share of up to 22% of the average power conference athletic media, ticket and sponsorship revenue. Wilson points out this new framework means schools can “directly enter into NIL agreements” with athletes and “thus no longer rely on a collective or similar intermediary to arrange NIL deals.” He contends schools are abusing this newfound power to convince athletes “to sign NIL agreements with unconscionable and unenforceable provisions that the universities can use to threaten a student-athlete who is considering transferring and prevent the student-athlete from realizing the benefits of free and open competition for their athletic services.”
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Much of Wilson’s complaint rebukes the liquidated damages provision. Wilson claims UGAA “weaponized this provision” by “falsely representing” to coaches of at least three other schools where Wilson “actively discussed potentially transferring” that he would be liable for a $1.2 million buyout.” These alleged representations, Wilson argues, financially harmed him since it denied him a chance to realize “the benefits of free and open competition for his athletic services and his NIL licensing rights.”
The Missouri DE also attacks the structure of the liquidated damages provision. He argues it “makes no attempt” to connect what he would have to pay with a “reasonable estimate of the harm to CCC that would result from a breach.” In other words, Wilson describes the provision as imposing an excessive penalty that is more about punishing him than compensating CCC. Wilson says the provision is “masquerading” under the moniker “liquidated damages” when it should be better understood as an unconscionable “penalty provision” designed to retaliate against him for entering the transfer portal.
Wilson’s complaint seeks a judicial declaration that the term sheet is unenforceable, or if it is enforceable, the arbitration and liquidated damages provisions within it are unenforceable. Claims for tortious interference, civil conspiracy, defamation and breach of confidentiality are included, too.
“Damon never had a contract with them,” Jensen, Wilson’s attorney, said in a statement. “I don’t see how Georgia thinks intimidation and litigation will help their recruitment efforts—maybe players could bring lawyers with them to practice.”
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In the coming days and weeks, expect attorneys for UGAA to raise several counterarguments.
They will assert the dispute should be heard in Georgia, not Missouri, since UGAA filed first and the center of the controversy arguably occurred in Georgia. UGAA attorneys will also contend that Wilson and CCC signed an enforceable contract that contains the basic elements of a contract, including offer, acceptance and, with Wilson accepting the $30,000 payment, a bargained-for exchange.
Similarly, UGAA will insist the arbitration and liquidated damages provisions are reasonable in the context of NIL at a power conference school and binding. To that end, expect UGAA to note that Wilson was an adult when he signed the NIL contract/term sheet—he was 19 years old and thus not a minor—and that CCC’s recommendation he hire an attorney didn’t create an obligation on the part of CCC to stop negotiating with him if he hadn’t secured an attorney.
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How to watch E60’s 2025 documentary ‘Paid to Play’ on ESPN
Amateurism in college sports has all but disappeared. The speed at which the landscape has changed could give even the most die-hard fan whiplash.
In a new ESPN E60 special, “Paid to Play: Understanding College Sports in 2025,” Jeremy Schaap delves into how the idea of playing for school pride, tradition and the love of the game has morphed into a high-stakes name, image and likeness marketplace where athletes can play for the highest bidder — receiving direct payments from schools — and have the freedom to bolt through free agency in the form of the NCAA transfer portal.
Here are key facts about the new ESPN E60 special:
When will ‘Paid to Play: Understanding College Sports in 2025’ air?
The one-hour report debuts Sunday, Dec. 28, at 8:30 p.m. ET.
How can fans watch?
Fans can watch the debut on ESPN. The program will be available in the ESPN App immediately following the television premiere. Watch it and other reports in the E60 streaming hub.
Do you have what it takes to be an AD?
Related to the subject of the new E60 special, ESPN has an original interactive game that puts fans in the role of a college athletic director, guiding them through decisions around name, image and likeness, the transfer portal and more, and offering a dynamic and engaging look at the ever-evolving landscape of college sports.
What is ESPN E60?
Founded in 2007, E60 is ESPN’s storytelling brand that features a mix of revealing profiles, hard-hitting investigations and exclusive interviews. It has received numerous awards and accolades, including the Sports Emmy for Outstanding Hosted Edited Series for the fifth time in 2025.
How can fans access more college sports coverage from ESPN?
Check out the ESPN college football, men’s college basketball, women’s college basketball and college sports hub pages for more content.
NIL
Dan Lanning claims Joey McGuire has done ‘an unbelievable job’ building Texas Tech roster with NIL
With a spot in the College Football Playoff Semifinals on the line, No. 4 Texas Tech and No. 5 Oregon will clash in the Capital One Orange Bowl on Jan. 1. The Ducks are seeking their first appearance in the Semifinals since they made a run to the National Championship in the inaugural CFP (2014), while Texas Tech is seeking its first ever CFP victory.
Both programs are great success stories of the Transfer Portal era, as many players that will suit up for either Texas Tech or Oregon in the matchup began their careers elsewhere.
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High-level players such as Oregon quarterback Dante Moore (UCLA), Texas Tech linebacker Jacob Rodriguez (Virginia), Oregon running back Noah Whittington (Western Kentucky), and Texas Tech wide receiver Caleb Douglas (Florida) have all made their way to their respective programs by way of the Transfer Portal and have been immediate impact pieces.
Dan Lanning commends Joey McGuire and Texas Tech for mastering Transfer Portal
This past offseason, Texas Tech hauled in 21 players from the Portal, earning the No. 1 spot in On3’s 2025 College Football Team Transfer Portal Rankings. Their class boasted an estimated $7 million in adjusted NIL value, more than almost any other program in the sport.
Prior to the Ducks’ clash with Joey McGuire‘s Texas Tech program, Oregon head coach Dan Lanning commended him on building such a great roster with their strong NIL resources.
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“He’s built a great roster,” Lanning said on Monday. “College football is about adapting. This is obviously a program that’s done an unbelievable job adapting and saying ‘let’s make our team the best it can possibly be’. They’ve done that this year. They deserve credit for how they’ve evaluated. There’s a lot of teams that take players out of the portal. There’s not a lot of those teams that necessarily have success evaluating that talent, getting them to play together, and creating a team that does that. This is a team that’s done that.”
As Lanning touched on, mastering the Portal is a very thin line. Five of the top-ten transfer classes this offseason helped their programs reach the College Football Playoff (No. 1 Texas Tech, No. 3 Ole Miss, No. 4 Oregon, No. 5 Miami, and No. 10 Ohio State), while three of the top-ten classes missed the postseason completely (No. 7 Auburn, No. 8 North Carolina, and No. 9 Rutgers).
The Orange Bowl matchup between No. 4 Texas Tech and No. 5 Oregon will surely be one of the most entertaining games in the entire College Football Playoff. Kick-off on Jan. 1 is scheduled for 12:00 PM on ESPN.
NIL
Fifty years after IU’s undefeated champs … a Rose Bowl
Dec. 26, 2025, 5:33 a.m. ET

- Indiana University’s football program has a long history of losses and disappointments.
- New coach Curt Cignetti has revitalized the team using transfers and NIL funds.
- IU is now the No. 1 seed in the college football playoffs and will play in the Rose Bowl.
BLOOMINGTON — On Sept. 14, 2024, Indiana University’s football team was scheduled to play UCLA in Pasadena. In a stadium called the Rose Bowl.
The week before, I sat at the bar in Binkley’s Kitchen in Broad Ripple and watched the Hoosiers blast Western Illinois 77-3. I pondered, should I book a flight to LAX to watch, perhaps for the only time in my life, the Hoosiers play in the Rose Bowl?
As a tormented sports fan, I had overcome dozens of forlorn seasons to witness my Chicago Bears and Indianapolis Colts win Super Bowls in 1986 and 2007, and in 2005, the seeming impossible, a World Series title for my winning ugly Chicago White Sox.
But IU’s football team? With at 715 losses the most in NCAA Division 1 history? C’mon, man.
The enduring pain of Hoosier fandom, spanning decades since IU’s only New Year’s Day Rose Bowl in 1968 when O.J. Simpson’s USC Trojans won 14-3, has been palpable. We share one of the smallest states in the Big Ten with Purdue and Notre Dame.
There were lingering ghosts. When legendary Ohio State coach Woody Hayes lost his first game to IU 32-10 in 1951, he vowed he would never lose to the Hoosiers again. He ended up going 22-0-1 since. IU didn’t defeat Ohio State again until 1987, after Hayes had died in March of that year. We watched Coach Lee Corso pose for a first half team photo with the scoreboard showing IU leading Ohio State, only to suffer yet another blow-out loss. Corso’s weekly TV show featured him rising out of a coffin, declaring to Sammy Terry vibe, “We’re not dead yet!”
There was IU’s most successful football coach, Bill Mallory, going 0-11 in his first season. There had been IU’s annual traipse through the Big Ten’s murderer’s row Eastern Division where we had to play Ohio State, Michigan, Michigan State and Penn State … every year. And then came a second wave of brutality, with USC, UCLA, Oregon and Washington joining what had been a Midwestern conference.
There was the year runningback Anthony Thompson was poised to win the Heisman Trophy, only to lose the Oaken Bucket game to Purdue, finishing with a 5-6 record. No Heisman.
The first time I thought I had a glimpse of an Indiana University Big Ten football title came in November 1987 when the Hoosiers invaded Michigan State with the winner destined for the Rose Bowl. I entered the packed stadium press elevator and it lurched into motion, only to come to a halt between floors. As the temperature escalated, we all glanced at the ceiling that had no escape hatch. About seven minutes later and with a hint of panic, the car began to move, and as the doors opened into the press box, we all sprang out to begin our reporting.
By dusk, Michigan State throttled the Hoosiers 27-3. A New Year’s Day Rose Bowl berth would have to wait another 38 years.
Coach Curt Cignetti was hired in November 2023, just weeks after IU’s legendary basketball coach Bob Knight died. Cignetti told fans at Assembly Hall, “Google me. I win.”
Coach Cig has created this IU phoenix with James Madison University and portal transfers, as well as NIL money, leveling the playing field with the SEC. Earlier this month, IU finally defeated Ohio State 13-10 to win its first Big 10 title since 1967. Quarterback Fernando Mendoza finally brought a Heisman Trophy back to B-ton. Cignetti unveiled his 2026 recruiting class that is studded with a half dozen four-star recruits.
Yes, IU could become a football power house.
“Great win; gutty game; hard-fought, physical football game,” Cignetti said after defeating Ohio State. “Wasn’t perfect by either team. We found a way to survive it, made the plays when we had to. And I thought, once again, when the game was on the line, you know, Fernando was throwing dimes and Charlie Becker was showing up making big plays and (Elijah) Sarratt with a big touchdown, our defense created a lot of issues.
“It’s another step we need to take as a program,” Coach Cig continued. “It’s a great win, obviously. And we’re going to go in the playoffs as the No. 1 seed. And a lot of people probably thought that wasn’t possible. But when you get the right people and you have a plan and they love one another and play for one another and they commit, anything’s possible. And I think that’s what you saw happen here.”
He added, “I’ve got three and a half weeks to get this team humbled for the playoffs.”
Yes, the playoffs, where the top-ranked Hoosiers are the No. 1 seed, scheduled to play Alabama’s Crimson Tide on New Year’s Day … in the Rose Bowl. The Hoosier Hundred Marching Band will be featured in the Tournament of Roses Parade.
It all is cascading around us like a dream, 50 years after Bob Knight led the undefeated Hoosiers basketball team to an NCAA championship.
The Hoosiers are now being mentioned in the same sentence with the words “national football title.”
IU a football national champion? Perhaps there’s as much a chance of that happening as the Chicago Bears building a stadium in northwest Indiana.
Brian A. Howey is a senior writer and columnist for Howey Politics Indiana/State Affairs.
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