The civil rights offices of both the U.S. Department of Education (ED) and the U.S. Department of Health and Human Services (HHS) announced on Monday the opening of investigations into Harvard University and the Harvard Law Review (HLR). These investigations stem from reports indicating potential race-based discrimination within the journal’s operations.
According to statements released by both federal agencies, the investigations are a response to information received concerning the HLR’s policies and practices related to both the selection of its members and the publication of articles.
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The ED and HHS will be scrutinizing whether these practices violate Title VI of the Civil Rights Act of 1964 (Title VI), which prohibits discrimination based on race, color, or national origin in programs or activities that receive federal financial assistance.
Both ED and HHS are responsible for enforcing Title VI. As part of their investigations, the agencies will examine the relationship between Harvard University and the Harvard Law Review, including any financial ties, oversight procedures implemented by the university, and detailed documentation regarding the journal’s selection policies for both membership and article publication.
Acting Assistant Secretary for Civil Rights Craig Trainor issued a strong statement regarding the allegations.
“Harvard Law Review’s article selection process appears to pick winners and losers on the basis of race, employing a spoils system in which the race of the legal scholar is as, if not more, important than the merit of the submission,” he stated. “Title VI’s demands are clear: recipients of federal financial assistance may not discriminate on the basis of race, color, or national origin. No institution—no matter its pedigree, prestige, or wealth—is above the law. The Trump Administration will not allow Harvard, or any other recipients of federal funds, to trample on anyone’s civil rights.”
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Anthony Archeval, Acting Director of HHS Office for Civil Rights, echoed these concerns. “Law journal membership and publication are crucial achievements that build momentum for law students’ careers and shape legal scholarship,” Archeval said. “This investigation reflects the Administration’s common-sense understanding that these opportunities should be earned through merit-based standards and not race.”
The investigations were prompted by specific reported instances. According to the background provided by the federal agencies, the Harvard Law Review’s editor reportedly expressed concern that “four of the five people” seeking to reply to an article on police reform were “white men.” Additionally, another HLR editor allegedly suggested that an article should receive expedited review specifically because the author was a minority.
The ED and HHS emphasized that the allocation of opportunities or recognition based on race could potentially deprive other students of educational opportunities they would otherwise be entitled to based on merit. This, they assert, is unacceptable for institutions that receive federal funding.
The investigations will be conducted pursuant to Title VI of the Civil Rights Act of 1964. A violation of Title VI can result in the loss of federal financial assistance for the institution. The outcome of these investigations will be closely watched by legal scholars, students, and civil rights advocates nationwide.
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