Future Lawyers Should Take Care to Protect Patient Privacy

The 1996 Health Insurance Portability and Accountability Act (HIPAA) is America’s statutory foundation to ensure patient privacy and the security of protected health information. Patients rely on HIPAA to protect health information communicated during a doctor’s visit.

However, that same health information is not similarly protected if patients input or record that information on social media, health tech apps, or smart tech, as none of those technologies are subject to HIPAA regulation.

As future Harvard-educated lawyers, your roles will be critical in the important issue of protecting patient privacy in emerging technologies.

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Record Review: The Bachelor Week 7

By now I’m sure all of you have heard the news that massively overshadows Nick’s pointless quest for love: in a historic, history-making move, Rachel Lindsay, lovely human being, is going to be franchise’s first black Bachelorette! I’m not sure why Bachelor creator Mike Fleiss thinks he has anything to be proud of: the first 33 seasons of the franchise featured exclusively White leads; prior to the current season, no Black contestant made it past week five; and, perhaps most tellingly, since the franchise began, over half the Black contestants have been eliminated or left by the end of week two.

While we only know what the editors want us to know, it was obvious from the first episode that Rachel was bringing a hell of a lot more to the table than Nick (or, arguably, anyone who’s ever been on the show before in any capacity). She’s been a joy to watch and by all appearances a joy to be around: she seems to have developed strong friendships with the other women, and even Nick seems like a tolerable person when he’s in her presence. Rachel is so great that a teeny tiny part of me is sad that she’s subjecting herself to this, because I feel confident she deserves better than the “entrepreneurs,” “real estate developers,” and “former professional athletes” she’ll inevitably be subjected to in her own season. But still! This is a big deal, and I’m actually excited for next season now.

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Progressivism in Crisis

Progressivism has an authenticity problem.

It’s been hijacked by those most disconnected from the injustices it seeks to correct — it has, as I have written before, “become the project of the oppressors, not the oppressed.” In doing so, it has stripped autonomy from those marginalized populations who suffer the most under those injustices. This has led to those populations being denied the validation and empowerment they desperately need, which can only arise from the ability to freely decide their own fate.

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White PowerPoint: 8 Tips and Tricks for Punchier Hate

Okay, so your fringe white nationalist belief system is finally picking up steam. How can you break into the lecture circuit and make your voice heard? If you’re serious about compelling storytelling, you’ll have to master Microsoft PowerPoint, the presentation software used by white people in fields as diverse as management consulting and operations consulting. So, go ahead, log onto the desktop computer your mom keeps in the basement but lets you use, and book a venue using your mom’s credit card. With these easy tips and tricks you’re sure to earn a standing ö-vation.

  1. Deliver a clear message on each slide
    It’s common for beginners to stuff their slides with too many words. Just like the hairstyle you share with trendy uptown baristas, you’ll need to shave a lot off the sides and focus on what’s up top. Your audience shouldn’t have to squint to determine whether or not you’re in favor of a “white history month” (you obviously are). Your conclusions should be clear, even to the folks in the very back of the ballroom of the Sheraton off Morris Pike (congrats on booking that by the way, it’s a beautiful space).

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After 104 Years, Student Focus Still Central to HLAB

The press never sleeps, and neither does the Harvard Legal Aid Bureau, which recently elected its 2017 board. On this blustery half-snow day, The Record spoke with HLAB president Julian SpearChief-Morris, executive director Margaret Kettles, vice president of membership Cortney Robinson, and communications director Nadia Farjood to check in with the 104-year-old legal services organization.

The Record: Let’s get right into it: HLAB is obviously a huge part of the campus community, but what are some things that people might not know about HLAB?

Julian SpearChief-Morris: Well first, we’re the second-largest provider of legal aid in the Boston area. We handle a tremendous number of cases.

Margaret Kettles: We take about 20 new cases each month and have 330 active cases. Many last for years. For example, in our housing practice, we work on complex foreclosure cases where we work with banks and their lawyers to get the proper paperwork, and a case can go through housing court, the appellate court, the Supreme Judicial Court, and back down to housing court.

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Record Review: The Bachelor Week 6

Well, cats and kittens, here we are. We’ve reached the point in the season when everything is unnecessarily emotionally intense and I’m basically just watching so my roommates and I can yell at the TV. It’s going to be a long slog from here on out. (Kind of like law school? No, just kidding, law school gets better at the end. Unless you take Fed Courts! But seriously, I’m just kidding.)

Last episode ended with a Corinne-and-Taylor two-on-one from which Corinne emerged victorious and Taylor was left in the Louisiana swamp to be eaten by alligators. Having evaded the alligators (which is impressive, because those prehistoric beasts are fast and their teeth are terrifying), Taylor rolls back into town to interrupt the dinner date portion of the evening, probably for the sole purpose of giving the producers a cliffhanger. Nick and Taylor part on good terms, and Taylor reiterates to the camera that she doesn’t think Corinne is right for Nick. Shocking stuff.

(The one good thing to come out of all that was yet another inexplicable Corinne one-liner that must have sounded pithier in her head: “What I learned tonight is that cats have nine lives and b****es have two.” WHAT DOES THAT MEAN, CORINNE? What could that possibly mean? You know what, at this point, don’t tell me. I’m enjoying the mystery.)

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Record Retrospective: Supreme Court Nominee’s Social Club Nearly Shut Down Over Nuisance Complaints


Editor’s note: President Trump nominated Judge Neil Gorsuch of the United States Court of Appeals for the Tenth Circuit to fill the late Justice Scalia’s seat on the United States Supreme Court this past Tuesday. The below Record article from November 30, 1990, describes how Cambridge residents threatened to shut down Gorsuch’s social club, Lincoln’s Inn, over “rowdy, selfish and “anti-social” behavior.”

Lincoln’s Inn Survives Neighborhood Petition

By George Paul

The Lincoln’s Inn Society has survived, for the moment, a threat to its very existence in the latest chapter of a forty-year battle between the Inn and its neighbors.

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Record Review: The Bachelor Week 5

Welcome back to The Bachelor! It’s nice to know that, even as Earth burns down around us, some things in this tumultuous world remain constant: for example, by the fifth episode everyone’s roots are showing because they can’t get their hair dyed during taping, contestants start telling the Bachelor that they’re falling in love with him, and I’m getting bored but can’t look away as things start to unravel. Let’s dive in, shall we?

This episode opens with the continuation of previously cliff-hangered Corinne drama, as all episodes apparently do now (it’s so consistent that at this point you’ll turn on an unrelated show next week and the first scenes will be Corinne rolling her eyes at the camera, then passing out drunk in a cocktail dress).

For some reason that remains opaque to me, Taylor decided it was a good idea to try to have a conversation with Corinne, and they’re still going at it. The conversation itself isn’t particularly important or substantive, but in a stunning display of gaslighting, Corinne manages to take all the criticisms Taylor had had about Corinne and flips them around on Taylor. The conversation ended with a truly impressive exchange:

Corinne: I just hope the way you’re feeling right now is the way I felt yesterday — alone and sad.

Taylor: I’m not feeling either of those things.

Corinne: Well you should, because half the people in there think you’re here for the wrong reasons.

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Chin Murder Trials Reenactors Seek to Start Dialogue

On June 23, 1982, Vincent Chin was brutally beaten by Ronald Ebens and Michael Nitz with a baseball bat. Four days later, his head cracked open from the assault, Chin died. For their crime, the state of Michigan sentenced Ebens and Nitz to three years’ probation and a $3000 file. The sentencing judge said that “these weren’t the kind of men you send to jail.” A federal prosecution had no more success against the two men.

This Saturday, February 4, students, faculty, and a federal judge will be reenacting the trials for an open audience.

The free reenactment starts at 4 p.m. in Milstein East in Wasserstein Hall. Professors Michael Klarman and Mark Wu, Judge Denny Chin of the United States Second Circuit Court of Appeals, Dean of Students Marcia Sells, and over a dozen students will perform roles of the lawyers, judges, and other individuals in the trials.

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Record Review: The Bachelor Week 4

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).

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It’s Time For Some Tough Conversations

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?

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Record Review: The Bachelor Week 3

Welcome back to The Bachelor, where everything is made up and the points don’t matter. A quick refresher: instead of closing with the typical rose ceremony, Episode 2 cut off just after Nick had sent home Liz for running her mouth about their one-night stand months earlier. Voiceover of his concerns about the women abandoning him plays over footage of Nick wrinkling his brow.

Episode 3 opens at the pre-elimination cocktail party, where Nick drops the “bombshell” about Liz’s departure.  He expresses his concerns, but while we hear disembodied voices saying that “the girls are going crazy” and “it makes you question what Nick’s intentions are,” we don’t actually see anyone looking too bothered. Multiple women assure Nick that they don’t care, and one woman (who almost certainly has a name; I just don’t know it) even asked why what Liz did was any different from the maneuver Nick pulled when he rolled up to Kaitlyn Bristowe’s season. On the whole, it kind of seemed like it didn’t matter. So, in that case, what is the value-add of delaying the rose ceremony other than annoying the crap out of me?

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Record Retrospective: Senate Should Not Subject Judicial Nominees to Simplistic Political Litmus Tests

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!

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J-Term Diary: Commuting in the Philippines

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.

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Record Review: The Bachelor Week 2

Oh boy. This week’s episode checks basically every box you could have on a Bachelor bingo card: a helicopter, wedding dresses, full-on boobs, “not here to make friends,” questioning motives, a slap across the face, a contestant getting booted early, and a to-be-continued instead of a rose ceremony.

The episode begins with a date card that says “Always a bridesmaid.” What a great way for the ladies to head into the date feeling insecure and inadequate! Naturally, the activity is a wedding photoshoot series with each of the twelve participants dressed up as a different kind of bride (or bridesmaid). There’s an 80s wedding, a Las Vegas wedding, a biker wedding, a shotgun wedding (our favorite aspiring dolphin trainer Alexis is tricked out with a fake pregnancy belly. “I had no idea what a shotgun wedding was!” she cheerfully announces, as she waves a literal shotgun), and, of course, an Adam and Eve wedding. The “dress?” Leaf-covered bikini bottoms and breast-length hair extensions. I think it says a lot about the personal journey I’ve been on with this program that I wasn’t fazed at all by that particular development. It now seems totally normal to be required to show sideboob on national television to win over a man ten years your senior.

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