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 […]

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 […]