Paul L. Caron

Monday, August 12, 2019

Federal Judge Dismisses Lawsuit Accusing Harvard Law Review Of Discrimination Against White Men

Following up on my previous posts:

Harvard Crimson, Lawsuit Alleging Harvard Law Review Discriminates Against White Men Dismissed:

A federal judge dismissed a lawsuit Thursday that was brought against the Harvard Law Review in October alleging the legal journal violates federal anti-discrimination laws in its member and article selection policies [Faculty, Alumni, and Students Opposed to Racial Preferences v. Harvard Law Review Ass'n, No. 18-12105 (D. MA Aug. 8, 2019)].

The suit — which was filed by the Texas-based anti-affirmative action group Faculty, Alumni, and Students Opposed to Racial Preferences — also implicated the University, Harvard Law School, and the United States Department of Education.

The Law Review staff selection process accepts 48 second and third-year law students each year in a three-pronged process. Twenty of the 48 students are chosen based solely on their performance in a writing competition, 10 are selected based jointly on the writing competition and HLS grades, and 18 are selected through “a holistic but anonymous review that takes into account all available information,” according to its website.

This “holistic” review includes information applicants may share regarding “their racial or ethnic identity, physical disability status, gender identity, sexual orientation, and socioeconomic status.”

The FASORP suit argued that this part of the selection process violates federal laws Title VI — which prohibits discrimination based on race, color, and national origin — and Title IX, which prohibits gender-based discrimination.

Legal Ed News, Legal Education | Permalink


If I were suing Harvard, I'd try to find a plaintiff in New England . . .

Posted by: Mike Livingston | Aug 12, 2019 4:04:55 AM

I bet the judge would easily find standing if the plaintiff reflected the judge’s political priorities.

But remember kidies, there’s no such thing as Obama judges or Trump judges or Bush judges.


Posted by: Anon | Aug 12, 2019 4:15:21 PM

So you'd be guaranteed a forum in New England where Harvard spends a lot of money and provides a lot of jobs?

Posted by: JB | Aug 13, 2019 7:11:04 AM