From the Print Edition / News  /  March 24, 2015  / 

Lambda Removes Diversity Amendment Following DOS Disapproval

Earlier this semester, members of Lambda conducted a comprehensive review of the organization’s policies and drafted amendments to its constitution and bylaws. Thirty-eight measures were approved in all, with one in particular igniting controversy: a requirement that election results be invalid if a single racial or gender group constitute two-thirds majority or more of the Board. According to Lambda’s co-presidents, Lior Anafi and Sean Cuddihy—who wish to clarify that they speak as individuals, and do not represent any official position of Lambda—technical issues with the amendment and “opposition to its core mechanism” became apparent during the final stages of the review process. 1L Kristen Bokhan, a current Lambda officer and candidate for co-president next year, shared some of her concerns with the Record. Bokhan worried that the provision “delegitimizes the democratic nature of elections, taking away members’ ability to vote for the candidates of their choice by threatening board dissolution,” … Continue reading

From the Print Edition / Opinion  /  March 24, 2015  / 

Gender Disparities in Law School Participation Remain

Gender disparities in law school performance remain pervasive at even the most elite schools. Studies evaluating grades from the past two decades at both Stanford (2001-2012) and Yale (1995-96, 1997) Law Schools found that women receive lower grades and, at Yale, a lower percentage of clerkships. [1] Research suggests that grades and participation may be correlated. Yale law students in 2011 collected classroom data from 21 classes of different sizes, which included how often men and women answered cold-calls, volunteered comments, and interrupted other students. [2] When adjusted for attendance, only 42.8% of “participation events” came from women. [3] Harvard is no better. HLS alum Adam Neufeld evaluated student performance from 1997-2003. [4] He found that men received higher grades in 1L classes and were more likely to graduate with latin honors. [5] Moreover, in a study monitoring 32 1L courses for 190 total class meetings in Spring 2003, [6] … Continue reading

From the Print Edition / Opinion  /  March 24, 2015  / 

Harvard Heat Week: Student Call to Action

From April 13th to 18th, Harvard students, faculty, and alumni will assemble in Harvard Yard for Harvard Heat Week, a week of action for fossil fuel divestment. As climate change threatens to become the worst humanitarian crisis that humans have ever faced, we ask all students to join us in the movement for climate justice. Divest Harvard calls on Harvard to immediately divest from major fossil fuel companies. In this historic moment, Harvard confronts a choice that will influence its legacy for hundreds of years. Will it continue to endorse the fossil fuel industry’s destructive practices? Or will it act to ensure a livable future for young people, future generations, already-marginalized communities, and all those on the frontlines of climate chaos? Why escalated action and civil disobedience? For three years, Divest Harvard has worked to build a movement on campus using a wide range of tactics. Over 230 faculty members, … Continue reading

From the Print Edition / Opinion  /  March 24, 2015  / 

My Father, Malcolm X: Daughter Ilyasah Shabazz on Her Father

2015 is a special year. Exactly 50 years ago, a lot of things in the history of civil rights movement happened: The Civil Rights Act, the March on Washington, the Voting Rights Act, but also the loss of one of the main leaders of the civil rights movements: Malcolm X. His name was previously Malcolm Little. He replaced the white slave master name of ‘Little’, by the letter ‘X’, which symbolizes the unknown. Ilyasha Shabazz is one of the six daughters of the slain activist (who took the Arabic name El-Hajj Malik El-Shabazz). She held a speech in memory of the Legacy of Malcolm X at Harvard Law School. In the interview Ilyasha Shabazz shared more information about her family, herself, being the daughter, her father’s life and legacy and what he would think today. Who was Malcolm X for you? Malcolm X was a very young man, only in … Continue reading

From the Print Edition / Opinion  /  March 24, 2015  / 

What Harvard Law Students Need to Know About the Commons

Over the past twenty years in American politics, it has become increasingly clear that even conventional liberals (or “progressives”) are not going to produce the kinds of transformative change that our society really needs. Conventional public policy and law have been largely captured by the two major political parties, which themselves are both in tight collusion with business elites. I call it the Market/State duopoly, the incestuous alliance of the two great forms of power in our country, in a tacit collusion against genuine democratic participation and citizen control. To be sure, we can’t simply walk away from politics, policy and law; they remain vital arenas of engagement. But our politics today is too structurally compromised to produce much significant change. As Senator Elizabeth Warren has said, the game is rigged. We live in a time of predatory business organizations, poorly performing government institutions, moribund democratic participation, and slow-motion ecological … Continue reading

From the Print Edition / Opinion  /  March 24, 2015  / 

The Real Deal: Harvard Gay Group’s Racist, Sexist Policy Blocked

After a weeks-long frenzy of impassioned debate, the Harvard Law School Dean of Students was forced to intervene in a student group’s efforts to pass a rule that would prohibit the participation of some members based on race and sex. The offending student group was none other than Lambda, Harvard Law’s LGBTQ student group. (“Q,” to this author’s dismay, doesn’t mean “quiet.”). Lambda, a “social and political organization” claiming to play “an active role in the national debate on LGBTQ civil rights,” initiated a firestorm of racist and sexist vitriol when it successfully passed constitutional bylaw B.15, mandating strict racial and gender quotas in the organization’s Executive Board. Specifically, board members of a single race or gender must make up less than 2/3 of the board, regardless of any other diversity criteria or individual merit. If, at the close of Board elections, the quotas were not met, B.15 would invalidate … Continue reading

From the Print Edition / Opinion  /  March 24, 2015  / 

20 Things You Should Know About Corporate Crime

Twenty-eight years ago, Corporate Crime Reporter, a weekly print newsletter, was launched. The Harvard Law School Library was one of our first subscribers. From the beginning, the most popular feature of Corporate Crime Reporter has been a weekly question/answer format interview. Over the years, we’ve interviewed hundreds of prosecutors, defense attorneys, law school professors, reporters, and activists. Our first interview, which appeared in Volume One, Number One on April 13, 1987 was with the premier corporate crime prosecutor of his day. That was Rudolph Giuliani, then U.S. Attorney in the Southern District of New York. At the time, he was prosecuting the likes of Michael Milken, Ivan Boesky and Marc Rich. President Bill Clinton later pardoned Marc Rich. Apparently Marc Rich’s wife was dumping big cash into the Clinton library. Rudy is now solidly in the hands of the corporate crime lobby. He prosecuted corporate crime as a way to … Continue reading

From the Print Edition / Opinion  /  March 11, 2015  / 

What Harvard Law Students Should Know About For-Profit Colleges

I’m a Washington DC lawyer and policy advocate, and I spend a couple days a week trying to expose and end the abuses of a particularly bad industry: predatory for-profit colleges. I am regularly contacted by industry employees who no longer can live with being part of an immoral enterprise: The marketer at a Utah “lead generation” company who is assigned to placing fake ads for non-existent jobs on the Internet, aimed at luring unemployed people to provide their contact information. The telephone rep at a Florida call center, who grabs the leads that were generated, and tries to deceive these people – low-income single parents, veterans, and others struggling to get ahead – into buying high-priced, low-quality career training programs, many conducted entirely online. The California college librarian, heartbroken because her school has admitted to its $80,000 criminal justice a program a mentally challenged man who reads on a … Continue reading

News  /  March 3, 2015  / 

Reactions to Dershowitz Allegations Stir HLS

Alan Dershowitz, Professor of Law, Emeritus, has adamantly denied accusations that he engaged in sexual relations with an underage woman, referred to in court documents as Jane Doe #3. The allegations stem from a civil filing before a federal district court in Southern Florida that challenges the plea deal offered to Jeffrey Epstein, the billionaire who was sentenced to 18 months in prison, of which he served 13 months, for soliciting prostitution. Dershowitz was a member of the legal team that negotiated Epstein’s plea deal. Two Harvard Law students—Anna Joseph, 2L, and Kerry Richards, 1L—wrote a piece to the Record that charged Dershowitz with victim-blaming a child involved in trafficking. Joseph and Richards criticized the “trivialization of sex trafficking by victimizers and by the media at large” and questioned why Dershowitz’s courage has been commended while Jane Doe #3’s experience has been discounted. After reading the piece, Professor Dershowitz felt … Continue reading

Opinion  /  February 25, 2015  / 

Letter to the Editor: In Defense of Dershowitz

TO THE HARVARD LAW RECORD: Anna Joseph and Kerry Richards do a disservice in their criticism of Professor Emeritus Alan Dershowitz published in the Opinion section of the issue of February 18, 2015. Dershowitz, it is now widely known, was recently accused in a court filing by a victim of child sexual abuse who is now a 31-year-old adult. This accusation was filed in a case in which Dershowitz is not a party. Rather, a former client of his is the party, and so Dershowitz has no standing to file a defense of himself, including a motion to strike the gratuitous accusation. (I say that the accusation is “gratuitous” because it is of no evidentiary or legal moment in the lawsuit or in the matter in which the filing was made.) Dershowitz has widely protested, in his intervention motion filed in court, and in his public statements in the news … Continue reading