Shumaker, Loop & Kendrick, LLP’s Post

Should be interesting

There are no set of legal and practical issues more interesting than the ones facing university athletics departments. Just a reminder that tomorrow, Shoshanna Engel Lewis and I are doing our first of two webinars for Independent Colleges & Universities of Texas institutions. We are going to discuss the enforcement landscape, clearly lay out all of the pending legal challenges (antitrust, FLSA, NLRA), discuss ways in which institutions can try to best position themselves for a rapidly changing landscape, and then offer predictions on where things may be headed. Preview: IMHO, the outstanding antitrust exposure may be close to $10 billion at this point, and there is no reasonable path forward that doesn't acknowledge that reality and create a compliant path going forward. And yes, we will discuss the NLRB's historic ruling issued 20 minutes ago that Dartmouth University basketball players are employees under the NLRA and can unionize. And perhaps a TRO ruling in the University of Tennessee case tomorrow???

States continue to enact laws that override the NCAA’s #NIL rules and guidelines. Oregon is the latest and there are similar bills in other states currently making their way through the legislative process. Oregon’s law now allows NIL deals to be contingent on attending a specific university, allows universities to facilitate, enable, and support NIL opportunities for their athletes, and prohibits the NCAA from penalizing schools and athletes for engaging in activities allowed by the law. The law went into effect immediately last week upon it being signed by the governor. As I told Pete Nakos of On3 in the piece linked below, these state laws are examples of how the NCAA continues to be marginalized by other entities. https://lnkd.in/dmNZ8M4U #nameimagelikeness #ncaa #collegeathletics #collegeathletes #sportslaw

In June 2023, the US Supreme Court struck down the policy of Affirmative Action, which gave positive consideration to race within US university applications. Since the ruling, what has changed within the admissions landscape? Find out what you need to know in our latest blog post: https://lnkd.in/e3rhMWxW #affirmativeaction #collegeadmissions

Here are the takeaways from the Duane Morris Class Action Review – 2024 on the key U.S. Supreme Court decisions impacting the class action landscape

#RURises | This case, involving a Rhodes University master’s student, has been a significant point of reflection for us. The controversy surrounding the case, particularly the 2021 acquittal and subsequent legal debates about consent, has underscored the complexities and challenges in adjudicating intimate partner violence cases. The panel will explore the importance of this ruling and how it must filter into the way in which institutions of higher learning respond to GBV.

Protecting the free speech rights of students also means protecting them from having THEIR RIGHTS INFRINGED BY OTHERS. This is why Time, Place and Manner restrictions exist, and have been upheld by US courts. Most universities are failing in these responsibilities. This WSJ piece highlights the potential legal liabilities schools may face for failing to see the free speech issue holistically: https://lnkd.in/gHCPy2QV

The Biden Administration released new Title IX regulations that go into effect on August 1, 2024. What does your school need to do? Join Amy Fabiano on May 14 at a webinar hosted by Massachusetts Lawyers Weekly for an overview of the rules and what schools must do to prepare. Register today https://lnkd.in/eA6_zSzs #HigherEd #CollegesAndUniversities #Schools #TitleIX

📢 Join me at the Georgetown Law Journal of Modern Critical Race Theory's Symposium for a presentation of my forthcoming paper "Defending Schoolhouse Property: Reimagining Procedural Protections to Block Bans and Power Student Movements." I'll be discussing how legal workers and scholars can draw on historic and contemporary student movements to wield procedural due process to fight book and trans bans and forge a path towards radical democracy. Register now so we can get into it! #Symposium #StudentRights

One by one jurisdictions are removing intrusive mental health questions from their bar applications. David Jaffe and Janet E. Stearns are at the forefront of these efforts. Join Institute for Well-Being in Law (IWIL) at our annual conference to learn more. #mentalhealth #wellbeinginlaw #lawyerwellbeing