An Interview with Professor Tribe

Professor Laurence Tribe is part of a legal team that has filed a lawsuit against President Trump, arguing that transactions between the Trump Organization and foreign governments violate the Emoluments Clause in Article I, Section 9 of the Constitution. The Record recently spoke to Professor Tribe about the Emoluments Clause and the lawsuit his group has filed.

The Record: Explain the lawsuit you’ve filed against the President – what is the Emoluments Clause and how has President Trump violated it?   Continue reading “An Interview with Professor Tribe”

Your Vote Doesn’t Matter, So Make It Count

On Tuesday, voters head to the polls to settle for the lesser of two evils. No matter where you fall on the political spectrum, you’ve likely wished for some loophole to allow your party of choice to make a last minute switch (Biden/Ryan, anyone?). Alas, you’re left hopelessly heading to fend off whichever candidate you see as more likely to plunge America into irreparable turmoil.

In case your newly-justified euphoria, likely brought on by intensive Facebook campaigning, has led you to forget that past wishful thinking, lets take a brief stroll through recent history.

If you’re a Democrat, let me remind you that The Donald actually led in the polls at one point , and against all odds is making a push to tighten the gap before Tuesday. His candidacy should have been swiftly laughed off after ill-advised primary voting gave the Grand Old Party a less than grand candidate that more than 160 party leaders have since publicly refused to support . For anyone but Hillary, this was a tap-in.

For our Republican readers (hopefully both of you have made it this far) – on the off chance you’re one of the few so blinded by Donald’s brilliant business acumen (mostly a mix of cheap labor and borderline tax-evasion), let us again dwell on the fact that Clinton has been under FBI investigation for the majority of the campaign. Democrats breathed a huge sigh of relief when Trump fluked his way into the candidacy; can you imagine what this race could like if Kasich, Rubio, or even Cruz were running? Again, for anyone but Donald, this was a tap-in.

Still, you’ve since been convinced that it is your duty to defend the Republic by casting your vote against certain downfall. But before you do, I’d like to make one last point.

Your vote doesn’t matter.

Continue reading “Your Vote Doesn’t Matter, So Make It Count”

Opposing Views: Abortion – In Defense of Life

This op-ed is part of a new Harvard Law Record feature highlighting opposing views from members of the HLS community. Related views on this topic can be found below.

In a few weeks, an 8-justice Supreme Court is set to hear a case challenging “HB2”, a Texas law that could close more than three-quarters of the state’s abortion clinics. Pro-choice advocates have vehemently opposed the legislation from the start, citing the devastating impact the restrictions could have on women’s health. Pro-life advocates champion HB2 as a common sense protection of women’s safety.

Continue reading “Opposing Views: Abortion – In Defense of Life”

Waves of Change: Lonely Whale Foundation and Oceana Seek to Mobilize Ocean Support

The following op-ed was submitted by The Lonely Whale Foundation, founded by actor and activist Adrian Grenier, in association with Oceana, an international organization focused solely on oceans that employs and is supported by numerous HLS alumni.

Plastic. Pesticides. Oil. Herbicides. Runoff. Sewage. The ocean already faces pollution accumulation from a growing industrial world and its wasteful practices. Unfortunately, there is another pollutant to add to the extensive list – noise. Noise pollution is a serious, pervasive issue that is growing as shipping routes expand, offshore activity increases and human presence encroaches further into the oceans. Recent studies have highlighted the widespread negative effects of manmade noise pollution. Noise pollution is disruptive of marine species’ natural behaviors that are vital to healthy functioning ecosystems. At worst, it can cause injuries that can lead to death. As scientific studies increase awareness of the damage noise pollution is causing, we must be proactive about mitigating its negative impact through policy change. Oceana, the largest international organization dedicated solely to ocean conservation, and The Lonely Whale Foundation (LWF), a social enterprise established to create collaborative philanthropy in pursuit of ocean conservation, are two organizations at the forefront of research and opposition to the rise of noise pollution.

Continue reading “Waves of Change: Lonely Whale Foundation and Oceana Seek to Mobilize Ocean Support”

Harvard Law Record Poll on Reclaim Harvard Law School Shows Divided Community

Editor’s Note: This poll was created by Deputy Opinion Editor Nic Mayne ’18; thus, any questions concerning the poll should be directed to him at

A recent Harvard Law Record op-ed questioned if the shield conversation really has two sides. This week, we polled members of the HLS community to find out.

We fashioned the poll questions after the list of “Collective Demands” posted on the Reclaim Harvard Law webpage. The poll required an HLS login and limited everyone to a single response. The Harvard Law Record unfortunately does not have the budget to employ a statistician, but we endeavored to make a reasonably fair poll that would give some insight into where members of the community stand on various Reclaim HLS related issues, and provide a space for members of the community to share their thoughts anonymously. Nonetheless, the poll is, of course, not a scientific one.

We received 517 individual responses. In addition, nearly 100 responses included expanded comments. Some of these comments are highlighted in this article, and all are published below the poll results. We appreciate all of those who took the time to thoughtfully respond and to share their feelings on the shield, Reclaim HLS, Belinda Hall and more.

Continue reading “Harvard Law Record Poll on Reclaim Harvard Law School Shows Divided Community”

Hedge Your Bets: A Conservative Case for an Obama-Appointed Scalia Replacement

The Supreme Court has lost its conservative anchor, a respected jurist who will go down as one of the most entertaining and influential legal thinkers of an era. Within minutes of Justice Scalia’s unfortunate passing, the focus shifted from condolences to politics, with quick calls from leading conservatives urging the GOP-controlled senate to not confirm any nominee put forward by President Obama.

I understand the logic – Scalia was a champion of the conservative cause, and President Obama won’t put forward anyone with similar views on the Constitution and role of the Supreme Court, whereas a prospective Republican President could. Additionally, within the climate of political opposition the nation currently endures, an Obama SCOTUS nomination provides an opportunity for the Republican party to flex their Congressional muscle, while proclaiming confidence in the party’s eventual 2016 election nominee. Continue reading “Hedge Your Bets: A Conservative Case for an Obama-Appointed Scalia Replacement”

Hitting the Point: How Moderate Regulation Can Appease Both Sides of the Fracking Debate

Hydraulic fracturing, better known as “fracking” is an understandably divisive issue. On one side of the debate, environmental advocates express concern over groundwater contamination, frack hits, and earthquakes. On the other side of the debate, the energy sector and free market proponents contend that fracking increases domestic oil production, drives down gas prices, and generates energy with significantly lower CO2 emissions.

In the most recent undercard debate, Republican presidential candidate and former New York Governor George Pataki went as far as to champion fracking as a significant factor in the fight against climate change, pointing out that the United States is the only nation to have lowered carbon-dioxide emissions since 1995. Continue reading “Hitting the Point: How Moderate Regulation Can Appease Both Sides of the Fracking Debate”

Paid Patriotism: The Pentagon’s Appalling Marketing Tool and Those Who Profited From It

Over the past four years, the Pentagon doled out over $9 million to professional sports teams in the NFL, MLB, NHL, NBA, and MLS.  $6.8 million of this was used to induce teams to stage patriotic displays, as revealed in a report by Senators Jeff Flake and John McCain, with the goal of promoting the armed forces and encouraging enlistment.

Reading the report immediately sent my mind back to recent events I’ve attended – dramatic on-field homecomings at major league baseball games, members of the armed forces waving to a standing ovation from hockey fans, and the like. I’ll admit I’m not much of a patriot (forgive me, I’m Canadian), yet something about the strategy just doesn’t sit right with me. I find it appalling that the Department of Defense would be willing to play on the patriotism of fans while using unknowing national heroes as walking advertisements, and equally disgusted that professional sports teams would accept compensation for the displays. Continue reading “Paid Patriotism: The Pentagon’s Appalling Marketing Tool and Those Who Profited From It”

The NHL Needs to Take Action Now on Concussions

I suffered my first concussion when I was 11 years old.

I remember it well, a kid twice my size barreling down along the boards, teaching me a lesson I wouldn’t soon forget: keep your head up. Still, you can’t dodge every hit in a game as fast as hockey.

A few years later, looking for a pass across the middle, I took a shoulder to the head. Though visibly confused, I attempted to finish the shift. The coach called me to the bench, gave me a couple of tablets of Advil, and told me to sit a few shifts before going back out. Continue reading “The NHL Needs to Take Action Now on Concussions”