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Reason
Reason
Politics
Eugene Volokh

Challenge to NYU Law Review's Race and Sex Preferences May Proceed Pseudonymously, at Least for Now

Doe v. NYU (S.D.N.Y.), filed Oct. 27, is a challenge to the NYU Law Review's alleged race- and sex-based preferences in selecting its editors; it alleges,

Even after Students for Fair Admission, the NYU Law Review continues to give unlawful and discriminatory preferences to women, non-Asian racial minorities, and homosexual and transgender individuals when selecting its members and editors. And it intends to continue these unlawful and discriminatory practices until it is enjoined from doing so.

The defendant is NYU, since the NYU Law Review apparently doesn't have a separate corporate identity (unlike many other law journals). The plaintiff is John Doe, "is a first-year law student at NYU [Law School]," who would be representing a class "of all present and future students at NYU Law School who: (a) intend to apply for membership on the NYU Law Review; and (b) are white, heterosexual men who identify as men, consistent with their biologically assigned sex." And today, Judge Victor Marrero allowed Doe to proceed pseudonymously, though "without prejudice to New York University's right to move the Court to direct Plaintiff to disclose his identity, or any other appropriate relief, once the Clerk of Court assigns this case to a District Judge."

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