scholarly journals Operation Varsity Blues and the NCAA’s Special Admission Exception

2021 ◽  
Vol 31 (1) ◽  
pp. 147-200
Author(s):  
Joshua Lens

“Operation Varsity Blues,” the university admissions scandal and ensuing federal investigation, made national news and captivated the public. Fascination with the scandal could have stemmed from the involvement of celebrities such as Lori Loughlin and Felicity Huffman and/or the sheer ridiculousness of the scheme, in which wealthy and prominent families paid exorbitant amounts of money to secure their childrens’ admission to elite universities. Others may have closely followed the resulting legal proceedings that included federal criminal charges like racketeering against 50 individuals and civil lawsuits against elite universities and celebrities with one suit seeking $500 billion in damages. Lawmakers’ attempts at preventing future university admissions scandals legislatively may have also caused curiosity. This article, though, explores the scandal’s intricate ties to college athletics and seeks to determine the most effective and practical means to mitigate the likelihood of a future similar admissions scandal. More specifically, the article explores how head coaches and an athletics administrator used their positions at academically elite universities to exploit a little-known NCAA rule permitting universities to use more lenient admissions standards for incoming student-athletes. Scheme participants falsely indicated dozens of applicants were incoming student-athletes in order to trigger the less rigorous standards and secure admission to elite universities. The criminal proceedings resulting from the scandal have yielded relatively light sentences for involved coaches, and civil suits against universities have been unsuccessful. California attempted to address the scandal legislatively, but, as this article explains, its reform package contains holes that fail to address many of the scheme’s key components. The article concludes that the NCAA, as opposed to lawmakers, the legal system, or individual universities, is in the best position to prevent, or mitigate the likelihood of, a future university admissions scheme like Operation Varsity Blues. Doing so would require only eliminating a single NCAA rule that is inconsistent with myriad other NCAA rules and principles and has resulted in decades of poor academic results.

2021 ◽  
Vol 15 (7) ◽  
pp. 1940-1944
Author(s):  
Sevcan Altun ◽  
Aykut Aksu ◽  
Osman Imamoglu ◽  
Murat Erdogdu ◽  
Kursat Karacabey

The aim of this study is to investigate the nutritional approaches of student athletes studying at the university during the coronavirus outbreak period. Participants consisted of students studying and doing sports at the University. 446 students, 246 males and 200 females, participated in the study. Besides the personal form, students were filled the questionnaire testing questionnaire. Students voluntarily participated. The surveys were done on social media. Nutritional habits questionnaire consists of 12 questions. In the preparation of the survey questions, the questions proved validity of the researches which have been done on the subject before have been used. SPSS 23.00 package program was used in statistical analyses. Kolmogorov-Smirnov test was performed to test whether the data was normally distributed and it was determined that the data showed normal distribution. Independent t-test, paired t-test, unidirectional variance analysis and LSD tests were used in statistical operations. There was no significant difference in students' nutrition approaches by gender, both in the pre-outbreak period and in the outbreak period points (p> 0.05). Nutrition scores were significantly increased during the outbreak period (p <0.001). A significant difference was found between the students who felt bad before the epidemic and those who felt well before the epidemic and their nutritional scores according to the levels they felt (p <0.05). A significant difference was found between the pre-outbreak period and post-epidemic nutrition scores of the sports faculty students (p <0.05). During the coronavirus epidemic, university student athletes have either increased their nutritional opportunities or have changed their eating habits positively to keep their immune systems strong or both. The fact that sports faculty students have better nutrition compared to other faculty students can be attributed to their taking courses in nutrition, health and similar. It is recommended to give lectures or seminars on nutrition to athlete students. Keywords: Student, Nutrition, Sports Nutrition, Nutritional Approach, Covid-19


2021 ◽  
pp. 104-111
Author(s):  
N. Yu. Borzunova ◽  
K. L. Maksimova ◽  
O. S. Matorina

The article deals with the specific features of the procedure of legal proceedings in cases involving minors. Thus, one of the grounds for differentiating criminal proceedings according to this criterion of cases is the underage age of persons who have committed a socially dangerous act. This is primarily due to the age characteristics of these individuals, who are characterized by great impressionability, lack of sufficient life experience and solid knowledge, immaturity of thinking, instability of the psyche and increased emotionality, increased suggestibility and auto-suggestion, a tendency to fantasy and imitation. Their will is not yet strong enough, and their character is not yet fully formed. In connection with the above, there is a specific nature of the circumstances to be proved in this category of criminal cases, which is analyzed in the article. The authors ‘opinions on the expanded subject of evidence in criminal cases against minors are presented. Proposals were made to improve the legislation.


2016 ◽  
Vol 2 (1) ◽  
pp. 119 ◽  
Author(s):  
Rodney Fort

It is widely held that collegiate athletic directors are trapped in an expenditure arms race.  But the arms race explanation completely omits the actual consideration of the university budgeting process.  In its place, the arms race logic imposes strained assumptions about the cooperative setting and the naïveté of university administrators, along with a curious distinction of one type of revenue to reach its conclusions.  And the interpretation of the data on spending and benefits from college sports has not been done particularly well in the past. This paper presents an alternative principal-agent explanation that is based on the observed actual financial (budget) relationship between university administrators and their athletic department and consistent with the entirety of the aggregate-level data on college athletics finance.  Empirically discerning between the two models is crucial since each generates decidedly different policy implications.


SAGE Open ◽  
2016 ◽  
Vol 6 (2) ◽  
pp. 215824401665495
Author(s):  
Joachim Chinweike Omeje ◽  
Ene Inyamu Egwa ◽  
Victoria Ogwa Adikwu

Author(s):  
Matanat Pasha Askerova

The subject of this research is the historical-legal grounds of rendering mutual legal assistance in the Republic of Azerbaijan. Research methodology is comprised of formal-legal, comparative-legal, and historical-legal methods. Normative framework is formed by the Constitution, provisions of the criminal procedure legislation and laws, international acts acceded by the Republic of Azerbaijan, which regulate mutual legal assistance issues. Objective: to develop proposals for improving the Institute of mutual legal Assistance. assistance in criminal matters based on the historical experience in this field. The research results are as follows: mutual legal assistance has evolved from elementary extradition of fugitive serfs, one-time provision of diplomatic assistance to institutionalized legal assistance based on multilateral and bilateral agreements; from the absence of &nbsp;legislative framework to codification; from inclusion of separate norms on certain aspects of the agreement on friendly relations, peace, cooperation or even submission to conclusion of special bilateral agreements. The acquired results can be implemented in intergovernmental relations regulation of rendering mutual legal assistance in criminal matters. The novelty of this research consists in consideration of legal assistance based on the historical-normative acts of the Republic of Azerbaijan. The following conclusions were made: in some historical periods, legal assistance included such institutions as the presence of state representative of the accused in administration of justice against a foreigner, unconditional extradition of criminals who committed grave crime, stiff punishment of those reluctant to peace, elimination from jurisdiction of certain criminals, transfer of prosecution, etc. can still be currently used to regulate or improve the institution of legal assistance in criminal matters, including reasonable terms for submitting court requests. For example, a reasonable term for criminal proceedings is one of the guarantees of effective legal proceedings, the violation of which also entails an infringement of such a fundamental right to fairness of proceedings.


2021 ◽  
Vol 7 (1) ◽  
pp. 127-133
Author(s):  
Mariia Sirotkina ◽  
Olena Lomakina ◽  
Olena Shkarnega

The Association Agreement between the European Union and Ukraine is a new format of relations aimed at creating a deep and comprehensive free trade area (DCFTA) between Ukraine and the EU with the gradual integration of Ukraine into the internal market of the European Union. Focusing on the experience of rule-making of the EU member states, it is necessary to define and implement the legal rules and principles of the national judiciary, taking into account the rules and principles of European law (Chornomaz, 2016). In accordance with the strategy of European integration of our country, the adaptation of Ukrainian legislation is to approximate it with the modern European legal system, which will ensure the development of the political, entrepreneurial, social, cultural activity of Ukrainian citizens, economic development of the state within the EU to facilitate the increase of standards of living of the population. The implementation of the provisions of European legislation provided by the economic part of the Association Agreement (AA) is extremely important in the context of reforms, as the provisions can and should serve as a basis for a new model of socio-economic development of Ukraine. The deepening of the processes of humanization and democratization of Ukrainian society, the gradual introduction of principles and rules of European law into the national judiciary through reforms in the field of justice, inter alia, have led to qualitative updating of criminal procedure legislation of Ukraine, in particular: use of differentiated approach to legal conflicts between persons who have committed criminal offences, which do not pose a great public danger, and victims; simplification and reduction of the procedure of criminal proceedings; ensuring procedural savings; reduction of the caseload; allowing the parties of the conflict to resolve issues of exemption from criminal liability in case of reconciliation between the offender and the victim independently, the appointment of the negotiated punishment and release from serving with probation, etc. Given the specifics of the approach to improving relations with neighbouring countries on a differentiated basis, the EU seeks to identify and base on existing positive sources of sustainability, as well as to monitor and respond to weaknesses with the appropriate set of methods and resources at its disposal. The purpose of the article is to study a theoretical and practical definition of challenges of adaptation of Ukrainian legislation to the legislation of the European Union, institutional and organizational mechanisms of DCFTA implementation in the field of justice and certain norms of the current criminal procedure legislation. Ukraine is undergoing the second phase of radical reform of government structures; it has been continuing for 15 years but, unlike other countries, it is much more difficult for Ukraine to get rid of the burden of past problems. Judicial reform is also underway and domestic legislation is being significantly changed, including the transformation of the judicial proceedings. The topical issue of the development of judicial reforms is an imperfection, and sometimes a contradiction of regulations, which negatively affects the process of realization of rights and responsibilities of all subjects of public relations, slows down the development of Ukraine as a state governed by the rule of law. However, the introduction of institutions of concluding agreements, simplified proceedings, probation, and later mediation, into the criminal procedure legislation of Ukraine indicates the readiness of our state to change the concept of criminal procedure in accordance with the European standards, which will improve the situation of all parties to criminal proceedings. However, they need further completion and improvement. We are convinced that the introduction of such institutions will contribute to the legal development of society to achieve the European standards of restorative justice, which will encourage the further introduction of the latter in the legislation of Ukraine, resolving criminal conflicts by reaching a compromise between parties in cases specified by law. One of the ways to solve this problem in Ukraine is to regulate the process of adoption of regulations by the subjects of rule-making and taking into account the provision that legality as an objective property of law, in general, is the necessary condition and the main principle of the rule-making process.


2021 ◽  
Vol 13 (2-2) ◽  
Author(s):  
Nur Nabila Bazli ◽  
Mohammad Saipol Mohd Sukor ◽  
Mastura Mahfar ◽  
Thuaibah@Suaibah Abu Bakar

  Collegiate athletes displayed different aggressive tendencies in an off-field situation based on the sports that they play. This study was conducted to identify the level and differences of aggressive behavior among athletes in a public university in Malaysia. A total of 91 student-athletes that represented different types of sports participated in this study. The instrument used to measure the aggressive behaviour among athletes was the Aggression Questionnaire. Descriptive statistics were used to identify the level of aggressive behaviour and the independent t-test was used to analyze the differences of aggressive behaviour based on demographic factors such as gender and types of sports. The findings revealed that the level of aggressive behaviour among athletes in the university are at a low level and there is no significant differences in aggressive behaviour based on gender and types of sports. This study contributes to the literature on the aggressive behavior in the context of student-athletes in higher education institution.


Author(s):  
Andrey Mikhailovich Dolgov

The paper deals with the implementation of such a principle of criminal procedure as the adversarial nature of the parties, in relation to the modern con-ditions of digitalization of legal proceedings. The relevance of this topic is explained by the fact that the current stage of development of public relations, characterized by the significant digitalization of communication links, in turn, is reflected in changes in legislation in General, and criminal proceedings in particular. At the same time, competition is one of the fundamental principles of this branch of law, the application of which should also be reflected in changes in legislation. In the course of the work, the criminal procedure norms regulating these issues, statistical data on the work of courts of General ju-risdiction, opinions and positions of leading proce-dural scientists in Russia and foreign countries (the Republic of Kazakhstan, Germany) were examined. As a result of the conducted research, the conclu-sion is made about the impact of the development of digitalization of criminal proceedings on the prac-tical application of the principle of adversarial par-ties.


Author(s):  
M. S. C. OKOLO ◽  
O. G. F. NWAORGU

Logic, a branch of philosophy, is essentially concerned with one’s ability to reason well. It provides structured rules and principles that act as guides for effective reasoning. As such the correctness or incorrectness of any kind of reasoning can easily be verified by subjecting them to logical techniques and methods. The paper conceptualises general studies as a set of prescribed courses available in a Nigerian tertiary institution, outside a student’s area of specialisation that must be registered for and passed, usually, in the first and second years of study. The essence is to ensure that students experience balanced, rounded education and to ensure that scholarship is made relevant to the pressing needs of the society. The paper locates the bond between logic and general studies based on the fact that logic permeates all the courses taught as General Studies and, indeed, all the courses taught in the university be it medicine, geography, architecture. In a knowledge-based environment, the need for effective communication is critical and inevitable. This means that both in the delivery of knowledge as well as its acquisition, care should be taken to avoid fallacious reasoning and deception by the slippery nature and use of words. It is for this reason that a rudimentary knowledge of logic is a prerequisite for every discipline. The paper adopts an analytical and comparative method. Philosophical analysis and reflection are applied in order to evaluate and highlight the importance of logic to other disciplines. Its comparative character helps to demonstrate why logic, and no any other discipline, is most suited to act as the foundation for all other disciplines. In all, the paper demonstrates that for effective teaching and learning to take place in other disciplines, logic is essential. It also underscores the strong nexus between logic and general studies. Finally, it shows how logic can help in enriching other disciplines.    


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