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 AllMore Big Law Firms Rush to Match Associate Bonuses, While Some Offer Potential for Even More
Dog Gone It, Target: Provider of Retailer's Mascot Dog Sues Over Contract Cancellation
4 minute readIn Talc Bankruptcy, Andy Birchfield Skipped His Deposition. Could He Face Sanctions?
6 minute readGC Conference Takeaways: Picking AI Vendors 'a Bit of a Crap Shoot,' Beware of Internal Investigation 'Scope Creep'
8 minute readTrending Stories
- 1Democrats Give Up Circuit Court Picks for Trial Judges in Reported Deal with GOP
- 2Trump Taps Former Fla. Attorney General for AG
- 3Newsom Names Two Judges to Appellate Courts in San Francisco, Orange County
- 4Biden Has Few Ways to Protect His Environmental Legacy, Say Lawyers, Advocates
- 5UN Treaty Enacting Cybercrime Standards Likely to Face Headwinds in US, Other Countries
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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