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A body found in the water near Levi's Stadium in Santa Clara, California, was identified Tuesday as a San Francisco 49ers fan who went missing during a Nov. 12 Monday Night football game, officials said.The Santa Clara County Medical Examiner positively identified the body found Saturday by duck hunters as Ian Powers, 32, of Spokane, Washington.The body was found in low-tide water approximately one mile north of the Alviso Marina boat ramp. The boat ramp is almost three miles north of the stadium.The cause of death has been ruled as accidental drowning.Powers’ girlfriend told police he left his seat to use the bathroom and never returned.Surveillance video showed him leaving the stadium and walking out of the venue. 733

A Detroit 2-year-old born with Spina Bifida has defied the odds and taken her first steps without a walker.A video, which has been shared thousands of times on Facebook, Skylar Turner taking her first steps into her father's arms without her walker.Shawn and Unissa Turner say Skylar is beating the odds and proving to everyone that she will walk."It was amazing," Shawn Turner said. "It was unreal because this is the moment you always wish for."At just two years old, Skylar has already endured more than most girls her age."When you’re told that your child has a birth defect before they come out, it changes your whole outlook on life," Shawn Turner said. Spina Bifida is a birth defect where the spinal cord doesn’t fully develop, making it difficult for those affected to walk.At first, Unissa Turner took Skyler's diagnosis really hard, and says she still tends to blame herself."I do still feel that it’s my fault, but I know it’s not," she said. "But, I definitely took it really hard."A determined toddler, Skylar wasn’t going to let her condition stop her from taking her first steps, or even dancing. She loves Taylor Swift and dances when one of her songs is on.The special moment of Skylar trying to walk to her father, not once, not twice – but three times, until eventually making it into his arms was all caught on camera. The video, which was posted to Facebook on July 23, has been viewed more than 190,000 times and shared over 3,000 times. "I’m just so thankful, so grateful, just overjoyed that we have so many people rooting for us to get her where she needs to be," Unissa Turner said.For Skylar, it’s just the beginning of the endless possibilities and more miracles to come."When she walked into my arms and after I got over the initial feelings, I knew this was only the first step," Shawn Turner said.The Turners say one day they would like to have another child, but not anytime soon.Watch viral video below:  2056

A lawsuit against Harvard brought on behalf of Asian-American students who failed to gain admission goes to trial on Monday in one of the most consequential race cases in decades, with affirmative action policies across the country at stake.The lawsuit was crafted by conservative advocates who have long fought racial admissions practices that traditionally benefited African-American and Latino students. Their ultimate goal is to reverse the 1978 Supreme Court case that upheld admissions policies that consider the race of students for campus diversity.Parties on both sides expect the Supreme Court to eventually resolve the issue. And with President Donald Trump's two appointees, Justices Neil Gorsuch and Brett Kavanaugh, the high court now has five conservative justices who may be inclined to reverse the landmark ruling.The challengers are led by Edward Blum, a conservative activist who has devised a series of claims against racial policies, including an earlier affirmative action lawsuit on behalf of Abigail Fisher against the University of Texas and several challenges to the 1965 Voting Rights Act.Justice Anthony Kennedy, the key vote in 2016 when the court last endorsed race-based admissions in the University of Texas case, was replaced by Kavanaugh earlier this month. Gorsuch succeeded the late Justice Antonin Scalia, who had opposed all affirmative action and criticized the University of Texas program, but died before that case was completed.The Students for Fair Admissions group Blum founded when he filed the Harvard case in November 2014 contends the university engages in unlawful "racial balancing" as it boosts the chances of admissions for blacks and Hispanics and lowers the chances for Asian Americans.Harvard's practices, the group says, are "the same kind of discrimination and stereotyping that it used to justify quotas on Jewish applicants in the 1920s and 1930s."That assertion has deeply resonated with some Asian Americans who fear they are held to a higher standard than other applicants to prestigious universities. Yet Asian-American advocates, representing a wide swath of backgrounds and educational experiences, have come in on both sides of the case.Some who back the lawsuit seek to end all consideration of race in admissions, while others, siding with Harvard, argue that universities should be able to consider race for campus diversity and that some Asian Americans, particularly those with ties to Southeast Asian countries, may have had fewer educational opportunities before applying to college.The NAACP Legal Defense and Educational Fund filed a brief on behalf of 25 Harvard student and alumni organizations comprising blacks, Latinos, Native Americans, Asian Americans and whites. The Legal Defense Fund calls the lawsuit an effort "to sow racial division" and emphasizes the Supreme Court's repeated endorsement of the 1978 case Regents of the University of California v. Bakke.Those subsequent rulings, however, turned on a single vote, either that of Kennedy or Justice Sandra Day O'Connor, who retired in 2006.The Trump administration, which is separately scrutinizing of race-based admissions practices at Harvard through its Education and Justice departments based on a complaint from more than 60 Asian American groups, has backed Students for Fair Admissions.Harvard, the country's oldest institution of higher education, denies that it engages in racial balancing or limits Asian-American admissions. It defends its longstanding effort for racial diversity as part of the education mission and says admissions officers undertake a "whole-person evaluation" that includes academics, extracurricular activities, talents and personal qualities, as well as socioeconomic background and race.Since the case was first filed, both sides have mined similar statistical evidence and testimony but with sharply contrasting conclusions -- all of which will now be presented before US District Court Judge Allison Burroughs."Each party relies on its own expert reports to show the presence or absence of a negative effect of being Asian American on the likelihood of admission ... and claims that there is substantial -- or zero -- documentary and testimonial evidence of discriminatory intent," Burroughs said in an order last month rejecting requests from both sides to rule for each, respectively, before trial.The case was brought under Title VI of the 1964 Civil Rights Act, prohibiting racial discrimination at private institutions that receive federal funds.Burroughs, a 2014 appointee of President Barack Obama, has said she expects the trial to last about three weeks. Both sides will offer opening statements on Monday. 4719

A man died after falling into a vat of oil at a plant Disney World uses to recycle food waste, according to the Washington Post.The incident happened shortly after midnight Tuesday at a facility near Disney World.According to the Post, two men were emptying oil and grease into the vat when a worker, later identified as 61-year-old John Korody slipped and fell into the vat.Korody’s co-worker tried to pull him out, but the fumes from the oil and grease overwhelmed both of the men.A spokesperson for Walt Disney World confirmed Korody wasn’t an employee of the resort, but of Harvest Power, the company that converts the food waste into renewable energy. 664

A Buffalo woman faces a felony charge following an April brawl at a Chuck E. Cheese in the nearby town of Amherst.Amherst Police said Tamika Clemons, 20, was arrested Wednesday. Clemons was arraigned Thursday on a charge of 2nd-degree assault.Bail was set at ,000 cash.The video attached to this story was sent to Scripps station WKBW in Buffalo Jay Keenan of Lockport, New York. It shows the chaos inside the restaurant back on April 21, which Keenan says was going on for two minutes before he started recording.At the time, police said they did not make any arrests, and said everyone dispersed once officers arrived. 665

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