Lisa Karen Atkins

Lisa Karen Atkins

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Latest Publications


Play for Pay? Not Today, Says the Ninth Circuit in the Latest NCAA Ruling

Whether the amateurism rules of the National Collegiate Athletic Association (NCAA) violate federal antitrust laws remains an active issue before the Ninth Circuit Court of Appeals. But the dramatic changes ordered by U.S....more

8/13/2015 - Antitrust Provisions Appeals Athletes Brand College Athletes Injunctions Motion To Stay NCAA O'Bannon v NCAA Scholarships

NLRB Moves to Assert Jurisdiction Over Religious Educational Institutions

Before December of 2014, religious colleges and universities could generally assume that under the National Labor Relations Board’s (NLRB) “substantial religious character” test, the NLRB would decline to assert jurisdiction...more

6/30/2015 - Jurisdiction NLRB Religious Institutions Unions Universities

Who Got It Right?

Gallaudet University Chief Diversity Officer Angela McCaskill’s job was to promote a diverse and inclusive university community. Not only was she the institution’s first chief diversity officer, she was the first black, deaf...more

7/15/2014 - Adverse Employment Action Colleges Diversity Employer Liability Issues Same-Sex Marriage Universities

Will the Star Quarterback Be Sacked by the Taxman?

On March 26, 2014, a regional director of the National Labor Relations Board (NLRB) decided scholarship football players at Northwestern University are employees because they “perform services for the benefit of the employer...more

5/7/2014 - Athletes College Athletes Employee Definition Federal Grants Fringe Benefits IRS NCAA NLRB Northwestern University Scholarships Taxation Unemployment Benefits

Are We There Yet?: Do Northwestern Players Have a Union or not?

When a Regional Director of the National Labor Relations Board (NLRB) found that scholarship football players at Northwestern University were employees entitled to vote on union representation, many media reports treated the...more

4/24/2014 - College Athletes NLRB Unions

Supreme Court Holds Voters Have a Right to Reject Government-Funded Racial Preferences in Public Higher Education

On April 22, 2014, the Supreme Court of the United States held that although consideration of race in admissions is constitutionally permissible, voters have every right to reject it. The case, Schuette v. Coalition to Defend...more

4/24/2014 - Affirmative Action College Admissions Colleges First Amendment Race Discrimination SCOTUS Universities

NLRB Regional Director Rules College Football Players Can Unionize

On March 26, 2014, a regional director for the National Labor Relations Board (NLRB) issued a decision and direction of election in a union representation petition filed by the College Athletes Players Association (CAPA)...more

3/28/2014 - College Athletes NLRB Unions

Is the Joint DOJ and OCR Guidance on Discrimination in K-12 Student Discipline a Warning Shot for Colleges and Universities?

We’ve known it was coming for at least a year, and on January 8, 2014, the U.S. Department of Education’s Office for Civil Rights (OCR), in conjunction with the Civil Rights Division of the U.S. Department of Justice (DOJ),...more

1/20/2014 - Discrimination DOJ OCR Public Schools Students

Nassar’s “But For” Requirement Breaks the Chain for Retaliation Plaintiffs Relying on Temporal Proximity to Establish Causation

In a decision in favor of the University of Pennsylvania entered on August 7, 2013, the Third Circuit Court of Appeals reviewed the “but for” standard for liability under University of Texas Southwestern Medical Center v....more

8/14/2013 - Adverse Employment Action But For Causation Causation Employer Liability Issues Inference Nassar Retaliation SCOTUS Termination UT Southwestern Medical v Nassar

The Basics Of Complying With The “Dear Colleague” Letter Issued By The U.S. Department Of Education On April 4, 2011

This is part one of a four-part series discussing compliance with the “Dear Colleague" Letter on Sexual Violence issued by U.S. Department of Education Office for Civil Rights (OCR) on April 4, 2011, as well as subsequently...more

7/26/2013 - Colleges Dear Colleague Letter Discrimination DOE Sex Discrimination Sexual Abuse Sexual Harassment Students Title IX Training Universities

No Obligation to Coordinate or Pay for Disability-Based Personal Care Services at Colleges and Universities

Some students with disabilities need on-campus personal care attendants to assist them with daily activities such as dressing, transferring to and from wheelchairs, feeding, personal hygiene, and navigating the campus. Both...more

5/23/2013 - ADA Colleges Disability IDEA Personal Services Universities

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