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Third Circuit Intercepts NCAA’s Hail Mary Pass on Collegiate Athletes’ Employment Status

On July 11, 2024, the U.S. Court of Appeals for the Third Circuit issued its long-awaited decision in Johnson, et al. v. National Collegiate Athletic Association, et al., holding that college athletes may be employees under...more

National Labor Relations Board Alleges Student-Athletes Are Employees of Private University, Pac-12, NCAA

As McGuireWoods reported in December 2022, the National Labor Relations Board (NLRB) regional office in Los Angeles found an unfair labor practice charge filed by the National College Players against the NCAA, Pac-12...more

5/22/2023  /  Colleges , NCAA , NLRA , NLRB , Student Athletes , Universities

Student-Athlete Name, Image and Likeness Framework Continues to Evolve

In November 2022, McGuireWoods reported on the evolving framework surrounding student-athletes’ ability to profit from their names, images and likenesses (NIL). Recent developments have given new life to the NIL legal...more

U.S. Department of Education Signals Support of Diversity and Inclusion Training

On Jan. 31, 2023, the U.S. Department of Education Office for Civil Rights (OCR) published a fact sheet titled “Diversity and Inclusion Activities Under Title VI.” Title VI prohibits discrimination based on race, color or...more

Student-Athlete Landscape Continues to Evolve at National and International Levels

The framework surrounding student-athletes’ ability to profit from their name, image and likeness (NIL) continues to evolve. Within the last several weeks, the National Collegiate Athletic Association (NCAA) issued additional...more

7th Circuit Reopens COVID-19 Tuition and Fees Lawsuit

Students at Loyola University Chicago — like students at many institutions across the country — brought a putative class action suit against Loyola for breach of contract and unjust enrichment after Loyola suspended all...more

California Continues to Lead the Way on Collegiate Athletics Reform

The California State Senate’s education committee is set to vote on SB-1401, the College Athlete Race and Gender Equity Act, which would require colleges and universities to compensate athletes in their revenue-generating...more

Supreme Court to Weigh Limited Use of Race in Admissions, Antitrust Case Against Elite Schools

On Jan. 24, 2022, the U.S. Supreme Court agreed to hear two cases on the use of race in undergraduate admissions: one involving Harvard and the other involving the University of North Carolina–Chapel Hill....more

U.S. Solicitor General Discourages Court Review of Harvard’s Limited Use of Race in Admissions

In June 2021, the U.S. Supreme Court invited the Solicitor General of the United States to brief the court on the United States’ position on Students for Fair Admissions, Inc. v. President and Fellows of Harvard College. The...more

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