The U.S. Department of Education (ED) and the U.S. Department of Health and Human Services (HHS) have announced investigations into Harvard University and the Harvard Law Review over alleged race-based discrimination within their operations. This scrutiny comes following reports of policies and practices regarding journal membership and article selection that might violate Title VI of the Civil Rights Act of 1964, which prohibits race, color, or national origin discrimination for recipients of federal financial assistance.
The focus of the investigations will be on various aspects of Harvard's relationship with the Harvard Law Review, including financial ties and oversight procedures, as well as membership and article publication selection policies.
Craig Trainor, Acting Assistant Secretary for Civil Rights, stated, "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. 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."
Anthony Archeval, Acting Director of HHS Office for Civil Rights, emphasized the importance of achieving law journal membership and publication through merit-based standards, not race. He said, “This investigation reflects the Administration’s common-sense understanding that these opportunities should be earned through merit-based standards and not race.”
Reports suggest that members of the Harvard Law Review had previously expressed concerns regarding the diversity of contributors' race, further intensifying the scrutiny. Allegations include the suggestion that contributions from minority authors should receive expedited review.
The investigations are being carried out under Title VI of the Civil Rights Act (1964), with violations potentially leading to a loss of federal funding for the institutions involved.
