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35 Loy. L.A. Ent. L. Rev. [i] (2014-2015)

handle is hein.journals/laent35 and id is 1 raw text is: LOYOLA
OF LOS ANGELES
ENTERTAINMENT
LAW REVIEW

VOLUME THIRTY-FIVE                  2014-2015                       NUMBER ONE
TABLE OF CONTENTS
ARTICLES
FULL COURT PRESS: NORTHWESTERN UNIVERSITY, A NEW CHALLENGE TO THE
NCAA
by William B. Gould IV, Glenn M  Wong, and Eric Weitz .................................. 1
In recent years, a host of issues have arisen between the National Collegiate Athletic
Association (NCAA) and the college athletes who provide the labor from which the
NCAA and its member universities derive their profits. Many of these issues have
been heavily publicized and have spurred a heated debate over the status of college
athletes and the future of the collegiate athletic system. This Article primarily fo-
cuses on the issue of college athletes' status as employees for purposes of federal la-
bor law. The significant increase in the popularity of college sports in recent years
has led to conference realignment, facility building and arms race, governance issues
and litigation. The student-athletes, the players in the highly lucrative college foot-
ball and basketball games have been left behind. They have resorted to challenging
the NCAA's system in many different ways. Recently, football players at North-
western University successfully petitioned their local Regional Director of the Na-
tional Labor Relations Board for a union representation election, arguing that they
are employees of the University and as such are entitled to collective bargaining
rights and other protections under the National Labor Relations Act. Northwestern
University has rejected this argument and has appealed the Regional Director's deci-
sion to the National Labor Relations Board in Washington, D.C. This Article pro-
vides a background for the highly contested dispute, refutes some of the common
arguments made against the potential unionization of college athletics, and discusses
some of the potential implications if players can and do form a union.