By Pete Osornio, Associate Editor, Volume 19 I. Diversity (Re)affirmed Grutter v. Bollinger definitively authorized the use of affirmative action policies in higher education,[1] resolving the circuit split[2] that followed the Supreme Court’s fractured opinion in Regents of University of California v. Bakke.[3] In Grutter, the Supreme Court endorsed Justice Powell’s view that diversity is a […]
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COMMENT: The Appearance of Impartiality in New York City’s Stop-and-Frisk Litigation
By Andrew Goddeeris, Associate Editor, Volume 19 This past August, U.S. District Court Judge Shira Scheindlin issued a ruling in Floyd v. City of New York that challenged the New York City Police Department’s (“NYPD”) controversial use of stop-and-frisk practices in the last decade.[1] From January 2004 to June 2012, the NYPD made 4.4 million stops […]
COMMENT: “In America, a Person is Presumed Innocent until Proved Guilty. Unless, that is, He Plays College Sports.”
By Kelly O’Donnell[2], Executive Production Editor, Volume 19 In college athletics, the violations that affect teams and player eligibility are analogous to criminal violations. Just as in criminal law,[3] the National Collegiate Athletics Association’s (“NCAA”) lack of due process in investigations and high penalties disproportionately affect the groups that are overrepresented in violations––overwhelmingly Black and Hispanic […]
