During judicial confirmation hearings on Tuesday, the Senators’ questions about Gorsuch’s judicial philosophy centered on whether he is an “originalist.” This comes as no surprise, since, thanks to Justice Thomas and the late Justice Scalia, originalism is now the litmus test for conservative judges. Voters and pundits on the Right now ask judges whether they are activist or originalist, whether they legislate from the bench or interpret the law as its writers meant.
When Trump won the election, I spun out a little. To avoid months of anxiety before Election Day, I had refused to believe he could win even though a pit in my stomach told me otherwise.
But he won. I took a couple hours to grieve, and then I started asking myself (and, honestly, anyone who would listen): “What do we do?!”
The best answer has been to prepare ourselves. We need to get out of our feelings, focus, and plan, especially as lawyers-in-training who are in close proximity to the institutions that sanctioned this mess. The weeks and months ahead will be filled with bias and bigotry. We need to get comfortable now with constant activism and dissent. We need to be empathetic, to keep having difficult conversations with family and friends, and to organize.
Dear President Faust,
Thank you for the invitation to provide input regarding the search for the next Dean of Harvard Law School. I am writing on behalf of the Harvard Law School Women’s Alliance (“HLSWA”). Founded in 2010, the HLSWA represents over 13,000 women who have graduated from Harvard Law School — 32% of the HLS alumni. One of the primary goals of the HLSWA is to increase the presence of HLS alumnae in positions of power and leadership.
As the largest and most active HLS alumni and special interest group, we write to encourage the Search Committee to include in the evaluation of candidates for the position of Dean of HLS evidence of his or her commitment to promoting advancement of women and gender equality.
Dear President Faust,
Thank you for welcoming the opinions of the law school community in your search for the next Dean of Harvard Law School. As a part of the law school community, the Harvard Women’s Law Association (WLA) is one of the largest and most active student organizations on campus. We are a diverse group dedicated to supporting women at the law school and beyond, and we wanted to share our collective vision for the future of our institution.
The selection of the next Dean will send a message about Harvard Law School’s mission and values that extends far beyond Cambridge. The next Dean needs to work to promote diversity and gender equality, social justice, innovation in legal education, student inclusiveness and community building, and transparency, and the message we send with this selection should emphasize a commitment to this work. We need a Dean who is committed to building upon the public interest work advanced by Dean Minow. We need an active leader who will lead the law school through a challenging political, social, and economic climate, and who will accelerate the mission “to educate leaders who contribute to the advancement of justice and the well-being of society.”
This past presidential election and its aftermath show how divided this country is over so many social and other issues. Many on both sides of this divide carry a tinder box of opinions that can catch fire at the slightest provocation.
Students of American history well know that American institutions have been tested in battle before and survived. For example, Thomas Jefferson led the nation through ferocious partisanship and cultural warfare amid economic change and external threats, and Andrew Jackson was not accepted by some as a “legitimate” president. Suffice to say that “false facts” are not a recent creation. So, while we should all probably despair a little less about the future of our country, that doesn’t make our interactions with people who hold strong opinions that are contrary to our own any less challenging. I learned this the hard way.
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”
I commend Mr. Cullen’s satirical editorial recently published in The Crimson for challenging all Americans who defend the remaining rotting columns of white supremacy to face the mirror and consider our place on this land’s past, present, and future. His piece can be read here: http://www.thecrimson.com/article/2017/2/22/alexander-cullen-in-support-of-the-immigration-ban/
Read plainly, Mr. Cullen argues that Trump’s travel ban is necessary to protect American freedom from people in the seven banned countries who threaten our values from beyond our borders. Though people may “travel to the United States to partake in our democratic tradition—and even serve in our military,” he argues, “due caution is necessary to protect our solid ground of liberty from anyone who fundamentally opposes it.” This, told through the lens of Pedro Salsedo who arrived in the Americas on Columbus’ voyage of 1492. Ironic—I know.
Although difficult, at first, to recognize as satire, if you follow his arguments closely, you’ll realize that he never intended for us to consider his notions seriously. First, Mr. Cullen references Salsedo, his ancestor on the Santa Maria who traveled with Columbus to Puerto Rico in 1492. But a cursory web search reveals that Columbus did not visit Puerto Rico in 1492 and the Santa Maria ran aground in Haiti before venturing as far east as PR. So what is Mr. Cullen getting at, if not signaling to the reader that she should treat with skepticism his remaining positions?
This is the story of two talented, hardworking Harvard Law School 1Ls: Amy and Kara. Both Amy and Kara are going to be working for ten weeks this summer at a large firm in New York City. Both will earn roughly $30,000. For Amy, all her summer post-tax earnings accrue to her as financial gain, while Kara will only keep about $9,000.
The reason for this disparity is because Amy’s parents pay for her tuition and she is not eligible for Harvard Law’s need-based financial aid grants. As such, all of her earnings go to her bank account, and none will be used to offset any financial aid.
However, Kara, who comes from a modest financial background, was eligible for about $30,000 in need-based aid her 1L year, and most of her earnings will be used to offset that financial aid in her 2L year. At first it may seem strange or even counter-intuitive that Amy’s family wealth and Kara’s relative need leads to that outcome.
Here’s how it happens:
I have long wondered what the animal kingdom – mammals, reptiles, birds, fish and insects – would want to tell us humans if we and the animals had a common language?
Well, in a book I recently wrote, Animal Envy, a “Human Genius” invents a digital translation application whereby animals can speak with each other across species and also speak one way to humans so they learn to listen. The response by “subhumans” was so overwhelming that the Human Genius reserved 100 hours of global TV time for the denizens of the natural world to tell their stories before mesmerized billions of humans all over the Earth.
An Elephant, Owl and Dolphin – sensing the need for some sort of production order and fair play – called themselves The Triad and convened the Great Talkout. Driven by the complexity of raising their young and surviving generation after generation, the animals, led by the wisdom of The Triad, developed a strategy born out of their keen sense of observing the human animal whom they internally called The King of Beasts.
At the start of Week 4’s episode, Corinne asks the camera, “Why are [the other girls] so obsessed with me?” At first, it sounds like the smug redirection of an attention-seeker who’s been called out for her nonsense. But as the episode progresses, it becomes clear that Corinne kind of has a point.
Just as last week ended with Corinne drama, so does this week begin with Corinne drama. After straddling Nick in a bouncy castle, Corinne goes upstairs and passes out in bed with a creepy Joker smile on her face. Sarah and Taylor take it upon themselves to call her out, telling Corinne that she is acting entitled and privileged (I can’t provide a direct quotation because I was eating pizza at the time and my notes are incoherent. I refuse to apologize for that).
The good news is HLS students want them, but the bad news is we’re trapped in a bubble
Everyone is talking about how we university students talk. The nation seems to have convened a public forum to debate our debates. From courtrooms, to newspapers, to podcasts, to research reports – the state of speech on campuses is firmly on the agenda, and we are not receiving a glowing review. Our “political correctness” has apparently infuriated a nation.
Late last year during oral argument at the Supreme Court, Justice Alito enlisted a hypothetical college student to test the limits of concern over jury bias. “Let’s consider the standard that now applies on a lot of college campuses as to statements that are considered by some people to be racist,” he said. “What would happen if one of the jurors has the sensibility of a lot of current college students?” It seems unlikely that the fabled “reasonable man” was simply taking a sabbatical and was unavailable to feature in Justice Alito’s analogy – the Justice was making a point about our sensibilities. And he was doing so in language that just assumed everyone knew what he was talking about. A few days after the Presidential election, Alito again decried the “new orthodoxy” that prevails relating to speech campuses around the country. This “orthodoxy” has itself become a sort of stereotype in the national debate – rarely explained, the way campuses are invoked in these conversations conjures up images of oases populated by highly sensitive hipsters who don’t have time for confronting debate between picking up their dairy-free kale-infused chai lattes and their compliment-only freestyle poetry clubs. So how do HLS students stack up?
Editor’s note: 30 years ago today, The Record printed this excerpt from a speech delivered by Abner J. Mikva to the D.C. Bar Annual Meeting in 1985. Chief Judge Mikva served on the United States Court of Appeals in the D.C. Circuit, first in Seat 11 and then as Chief Judge. Merrick Garland would eventually replace him in both seats. Chief Judge Mikva passed away last year.
In 1979 I was called by the Attorney General to tell me that President Carter was going to nominate me for one of the new judgeships on the U.S. Court of Appeals for the D.C. Circuit. I remember wondering what the President’s timetable was, and how long it would be before I moved to my new offices down the street. What naivete!
I ride the train to work every day. I’ve always heard that this train is an awful way to travel. But the traffic is so bad. 25 minutes on the train compared to 90 minutes in traffic. How bad could it be? When I tell people I commute on the train, they say “Wow,” or “I’m sorry,” or “And you survived!” I understand now.
For many reasons, 2007 was not a particularly good year for me. As I was a teenage boy then, most of these reasons involved teenage girls, one in particular. However, another reason that 2007 was lame was because that year marked the end of the original run of Gilmore Girls.
Thankfully, Netflix has brought back Lorelai, Rory, Emily, and all the rest of Gilmore Girls in the four-part mini-series Gilmore Girls: A Year in the Life. In total, there’s six hours of fast-talkin’, pop-culture referencin’, Stars Hollowin’ goodness.
Look, if you’re reading this and you loved Gilmore Girls, you should absolutely watch A Year in the Life. In fact, you’ve probably watched it already. Write in with your thoughts.