Plaintiff filed suit alleging that the NCAA's policy of excluding anyone
with a felony conviction from coaching at NCAA-certified youth athletic
tournaments violates Title II of the Civil Rights Act of 1964, 42 U.S.C.
2000a(a). Section 2000a(a) prohibits racial discrimination in places of public
accommodation. The Ninth Circuit affirmed summary judgment for the NCAA and
held that even if disparate-impact claims were cognizable under Title II,
plaintiff has not shown that an equally effective, less discriminatory
alternative to the NCAA's felon-exclusion policy exists, as he must do under
the three-step analysis for disparate-impact claims set forth in Wards Cove
Packing Co. v. Atonio, 490 U.S. 642 (1989). The panel noted that it need not
decide whether to endorse or ...
On Tuesday April 17, 2018, the United States Supreme Court struck down the definition of "crime of violence" as unconstitutionally vague. This is an extremely important decision for undocumented immigrants or green card holders because it will limit the number of cases the Department of Homeland Security will be able to file.
Prior to this decision under the immigration and national act ("Act"), crimes that were considered to be a "crime of violence" would make an alien deportable. The Supreme Courts Decision in effect holds that section of the Act unconstitutional because it does not give defendants a fair notice of what crimes exactly have a substantial risk.
This is a huge victory in light of the current administrations attempts to place as many immigrants ...