Suits Against Harvard and NYU Law Reviews Claim Racial, Gender Preferences
A Texas-based group called Faculty, Alumni, and Students Opposed to Racial Preferences argues the diversity policies of the schools' law reviews violate federal anti-discrimination laws.
October 08, 2018 at 02:57 PM
3 minute read
Two prestigious law reviews have been sued over what the plaintiff alleges are illegal racial and gender preferences for membership and article selection.
A Texas-based group called Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP) sued the Harvard Law Review on Oct. 6 and the New York University Law Review on Sunday, claiming that their racial and gender preference policies violate federal anti-discrimination laws. The lawsuits come at a time when law reviews—the traditional bastion of white males—are celebrating the increased diversity of their membership ranks. Harvard Law School, for example, had its first black women editor-in-chief in 2017. The Columbia Law Review has its first black male editor-in-chief ever this year.
Harvard University is already defending itself in a high-profile lawsuit in which Asian-Americans contend that the campus' admissions policies violate their rights by favoring other minority applicants.
The new suits allege that policies at both law reviews violate the rights of students by giving women and minorities an unlawful advantage in getting onto those sought-after organizations. Moreover, the suits allege policies that give a preference to articles written by women and minority scholars violate the rights of others hoping to place articles there.
“Harvard Law School and Harvard University are violating Title VI and Title IX by allowing the Harvard Law Review to use race and sex preferences when selecting its members, editors, and articles—in direct contravention of the Law School's supposed non-discrimination policy,” read the Harvard Law Review suit.
Representatives from the Harvard Law Review did not immediately respond to requests for comment Monday. New York University Law School issued a statement that it plans “to strongly defend the Law Review and its policies, and we have confidence in the outcome.”
It's not clear who, exactly, FASORP is. The suit claims it is an organization that “seeks to restore meritocracy at American universities by eliminating the use of race and sex preferences.” Its website, however, offers few clues as to who is a member, the group's size, and its leadership. Instead, its website is primarily devoted to requests for faculty, students and alumni to report instances of racial preferences on campus.
The group's Austin-based attorney, Jonathan Mitchell, declined to comment about the suit or FASORP when reached Monday.
The NYU law review suit alleges that the organization selects 12 of its 50 student members through a “diversity committee,” while the Harvard one claims 18 of its 48 new members are selected through a “holistic” review process that takes race into account.
“The Law Review's website is cagey on exactly how this 'holistic' evaluation is conducted, but it provides assurances that it “remains strongly committed to a diverse and inclusive membership,” it reads.
The suits, which also name the law schools and universities that house the law reviews, as well as Education Secretary Betsy DeVos, seeks to enjoin the law reviews from considering race, gender, sexual orientation or sexual identity when selecting members or article for publication.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllHow Many Legal Jobs Will Be Affected by AI? Law Firms Can't Agree
DLA Piper Names Corporate Lawyer Gerry Williams as Co-US Managing Partner
3 minute readTrending Stories
- 1The Law Firm Disrupted: Playing the Talent Game to Win
- 2GlaxoSmithKline Settles Most Zantac Lawsuits for $2.2B
- 3BD Settles Thousands of Bard Hernia Mesh Lawsuits
- 4Preparing Your Law Firm for 2025: Smart Ways to Embrace AI & Other Technologies
- 5Inside Track: Late-Career In-House Leaders Offer Words to Live by
Who Got The Work
Nicholas M. DePalma and Christian R. Schreiber of Venable have stepped in to represent CP Management Services, CRS RB4 Holdings and other defendants in a pending breach-of-contract lawsuit. The suit was filed Aug. 30 in Virginia Eastern District Court by Greenberg Traurig on behalf of Daito Kentaku USA. The case, assigned to U.S. District Judge Claude M. Hilton, is 1:24-cv-01538, Daito Kentaku USA, LLC v. Comstock Partners, LC.
Who Got The Work
Wyatt, Tarrant & Combs partner Andrew J. Pulliam has entered an appearance for Steve Jensen in a pending breach-of-contract lawsuit. The action, filed Aug. 30 in Tennessee Middle District Court by the Law Office of Perry A. Craft on behalf of Timothy Robins, accuses the defendant of writing a worthless check for over $94,000 for the sale of auctioned goods. The case, assigned to U.S. District Judge Eli J. Richardson, is 3:24-cv-01064, Robins v. Jensen et al.
Who Got The Work
Lane Powell shareholder Pilar C. French has entered an appearance for Penney OpCo LLC in a pending consumer class action. The complaint, filed Aug. 26 in Oregon District Court by Hattis & Lukacs, alleges that the company markets fictional discounts for certain products. The case, assigned to U.S. Magistrate Judge Mustafa T. Kasubhai, is 6:24-cv-01414, Gamble v. Penney OpCo LLC.
Who Got The Work
Donald L. Carmelite and Coryn D. Hubbert of Marshall Dennehey have stepped in to defend the City of York, Detective Roland Comacho and Detective Lisa Daniels in a pending civil rights lawsuit. The complaint, filed Aug. 27 in Pennsylvania Middle District Court by Levin & Zeiger on behalf of Noel Matos Montalvo, seeks damages for the amount of time that Montalvo was incarcerated over five years for the exonerated killing of his common law wife. The case, assigned to U.S. District Judge Jennifer P. Wilson, is 1:24-cv-01459, Montalvo v. City of York, et al.
Who Got The Work
Joseph M. Englert, Brian E. Pumphrey and M. Laughlin Allen of McGuireWoods have entered appearances for Bank of America NA in a pending class action. The action was filed Aug. 26 in Georgia Northern District Court by Podhurst Orseck; Webb, Klase & Lemond; Crabtree & Auslander; and Morrison + Associates on behalf of the representative of the beneficiaries of the Arthur N. Weinraub Trust, a trust which contains residential real property. The suit accuses the defendant of overcharging the trust by selecting unnecessary and/or excessively priced insurance for the property. The case, assigned to U.S. District Judge Thomas W. Thrash Jr., is 1:24-cv-03780, Weinraub v. Bank of America, N.A.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250