Media Mentions

The Justice Department vigorously defended the appointment of Matt Whitaker to serve as acting attorney general, saying Wednesday that the selection was entirely legal and that the White House was given that advice beforehand....Harvard law professor Laurence Tribe called the Maryland lawsuit entirely legitimate. "They're saying that since Jeff Sessions is no longer the attorney general, they can't be expected to engage in this battle against a kind of cloud that might just go pop the moment someone concludes, as they should, that Matt Whitaker is not constitutionally qualified to play that role," Tribe said. "If they're right about that, and I think they are, this is the way to have it declared."

University President Lawrence S. Bacow recently met with a U.S. Treasury Department official as the government prepares final regulations for taxing university endowments, Bacow said in an interview last month...The process of publishing final regulations around a law may take months or years, with plenty of feedback from those impacted, according to Harvard Law School Professor Thomas J. Brennan. “Taxpayers will often try to provide feedback on how they think the law might best be crafted, and how it may best work,” Brennan said. “There’s a whole long process with lots of input from lots of private parties.”

The state of Maryland is asking a federal judge to block Matthew Whitaker form serving as acting Attorney General, claiming that the appointment violates the constitution. A panel of experts—Pete Williams, Philip Rucker, Laurence Tribe and Mimi Rocah join Katy Tur to discuss the potential outcome.

An op-ed by Sabrineh Ardalan. Two days after yet another mass shooting, President Donald Trump on Friday issued a proclamation addressing mass migration...The administration plans to restrict asylum only to those who present themselves at ports of entry; people entering the country via the southern border in any other way would be limited to much more circumscribed forms of relief that would not include reuniting with their family members, obtaining a green card, or a path to citizenship. The administration also plans to enter into an agreement with Mexico to force asylum seekers traveling through that country to claim protection there instead of in the United States.

More than two dozen Harvard Law School students are asking their peers to boycott Kirkland & Ellis LLP over the international law firm’s use of mandatory arbitration agreements, and on Tuesday the group promised to expand the movement to other firms and law schools in the near future. The Pipeline Parity Project, founded last year by two Harvard law students, posted what it said is a copy of a Kirkland & Ellis forced arbitration agreement on its website Monday morning...“Releasing Kirkland’s contract was a way to educate our peers on what’s happening in the field and to expose what they are doing,” one of Pipeline Parity Project’s founders, second-year law student Vail Kohnert-Yount, told Law360. “I think the big goal is to get them to drop these coercive contracts ... but for students who showed up on the first day of their summer job and this contract was dropped on their desk, they should know in advance whether their company is going to tell them ‘Sign away your civil rights or you’re out of a job.’”

Hundreds of Law School students and affiliates gathered to see Supreme Court Justice Sonia Sotomayor preside over the final round of the school's annual Ames Moot Court Tuesday night...Third-year Law student Maxwell F. Gottschall ultimately won the award for "Best Oralist." The award for best overall team went to a team composed of Gottschall, Erika A. Herrera, Benjamin R. Lewis, Catherine H. McCaffrey, Eliza J. McDuffie, and Jacqueline K. Sahlberg. Prior to announcing the decision, Sotomayor said the teams were “a hair apart” and lauded the finalists in the competition. “Every time I come to one of these and I see the extraordinary performances of the students at these exercises, it fills me with hope about the future,” Sotomayor said. “It shows me that you are being trained to think and to respond in extraordinary, lawyerly, professional ways, and that you carry in your hands our future in a really good way.”

An op-ed by Cass Sunstein. Can the Republican-controlled Senate and the Democratic-controlled House of Representatives agree on anything? Here is a candidate: reduce paperwork mandates from the U.S. government. Before you laugh, please consider a number: 9.78 billion. That is the number of annual hours of paperwork burdens that the government imposes on its citizens.

...If a revitalized form of Judaism is the counterweight to Gans’s predictions, it will have to be much more expansive and inclusive than its current iteration. This is also the assessment of Robert Mnookin, a Harvard law professor, in The Jewish American Paradox: Embracing Choice in a Changing World (PublicAffairs, $28), a lucid legal brief of a book that proposes what would amount to a revolutionary (some would say heretical) revision. It no longer makes sense, Mnookin thinks, to use matrilineal descent, or any descent really, to determine who is a Jew. If you feel yourself to be a Jew, you get to be one.

Students at Harvard Law School have launched a campaign urging their peers to boycott Kirkland & Ellis until the firm removes mandatory arbitration agreements from its employee contracts. On Monday morning, a student-led organization called the Pipeline Parity Project published a copy of a 2018 Kirkland arbitration agreement. In it, associates waived their right to sue the firm in court over a range of employment concerns, including sexual harassment and wage theft. “Kirkland & Ellis is now the biggest law firm by gross revenue in the world,” Harvard 2L Vail Kohnert-Yount, a member of the Pipeline Parity Project, said in a statement. “That makes it the biggest employer at Harvard Law School to use forced arbitration agreements, a form of coercive contract that requires employees, as a condition of employment, to waive their right to sue their employer for any reason.”

Trump is more afraid than ever about his future with the Russia probe after losing the midterms. His new acting A.G. is under fire his controversial comments about the probe. Lawrence discusses the constitutionality of his acting A.G.'s appointment with Laurence Tribe and Rep. Steve Cohen.

...Constitutional scholar Laurence Tribe counsels, “This rule-of-law crisis has been a slow-motion train wreck for a long time. Matt Whitaker is on record about the ways to clip Mueller’s wings and the alleged need to do so. And I suspect that too few ordinary people will care that this Wednesday afternoon massacre has quietly taken place.”

Millions of workers go to work every day for a company that isn’t actually their employer. The firm that sets their wages and schedules, and determines their benefits and how long their job lasts, isn’t the boss that actually cuts their paychecks. They are technically hired via a temp agency, a subcontractor, or another obscure “staffing agency” that supplies the worksite—like an Amazon warehouse or a school cafeteria—with auxiliary staff. The Trump administration is now quietly making it easier for companies to exploit these subcontracted and outsourced workers...According to Sharon Block, labor-law scholar at Harvard and former NLRB member under Obama, the new wording seems “intended to impose an even more onerous burden on parties trying to establish joint employer status. When you string together all the limiting adjectives that the Trump majority uses to describe the kind of control that must be established—essential, substantial, direct, immediate, not limited, not routine–it is hard to imagine how any party will establish joint employer status in other than the most obvious cases.”

An op-ed by Laurence Tribe. Perhaps the most alarming ― if not exactly surprising ― fallout from last Tuesday’s midterm elections was President Donald Trump’s immediate dismissal of his long-beleaguered attorney general, Jeff Sessions, and the subsequent appointment of Matthew Whitaker, a Trump toady and Sessions’ chief of staff, as his acting replacement. If the firing was, in part, an attempt to commandeer the nation’s post-election attention, it worked.

An op-ed by Eve Howe `21. Many reserve the honorific "hero" for those in the armed services. For them, a hero fearlessly charges into battle, ignoring all risk of death in service of their country. I served as an officer in the United States Navy for five years before coming to Harvard Law School, but I was never a hero. I was never deployed, never even touched a weapon, and never had to make a personal choice between life and liberty. Everything changed when I came out as transgender. Now, the battlefield is America, and I am on the front line, fighting for my life and rights. Transgender lives and rights are under attack. And whether or not I choose to fight this war, I will still face its consequences.

...At the same ceremony, Andrew Leon Hanna [`19] collected the £15,000 Bracken Bower Prize for the best proposal for a business book by an author aged under 35. His book, Twenty-Five Million Sparks, will explore how entrepreneurs and entrepreneurial ideas emerge from refugee camps and communities.

The students attended institutions with pragmatic names like the Minnesota School of Business and others whose branding evoked ivy-draped buildings and leafy quads, like Corinthian Colleges. Tens of thousands of them say they are alike in one respect: They were victims of fraud, left with useless degrees and crushing debts. Now the government program meant to forgive the federal loans of cheated students has all but stopped functioning...“This rule is only as good as the administration’s intent to implement it,” said Toby Merrill, the director of Harvard Law School’s Project on Predatory Student Lending, which has represented dozens of borrowers in lawsuits against schools and the Education Department.

Sometime during the night of Oct. 16, 2018, the U.S. Environmental Protection Agency (EPA) eliminated more than 80 climate change web pages — many of the last vestiges to the agency's online recognition of climate change..."They're protecting themselves from scrutiny — an uninformed public is key to shielding them from scrutiny," Joe Goffman, a former EPA senior counsel in the Office of Air and Radiation, said in an interview.

After Jeff Sessions' removal, Legal scholar Laurence Tribe warns of a constitutional crisis.

The acting attorney general, Matthew G. Whitaker, once espoused the view that the courts “are supposed to be the inferior branch” and criticized the Supreme Court’s power to review legislative and executive acts and declare them unconstitutional, the lifeblood of its existence as a coequal branch of government...Laurence H. Tribe, a constitutional law professor at Harvard Law School, said that Mr. Whitaker’s expressed views of the Constitution and the role of the courts “are extreme and the overall picture he presents would have virtually no scholarly support” and would be “destabilizing” to society if he used the power of the attorney general to advance them. Simultaneously criticizing the Supreme Court’s power of judicial review while criticizing cases where it declined to strike down laws regulating economic and health insurance matters was a sign of an “internally contradictory” and “ignorant” philosophy, Mr. Tribe said.

An article by Ryan Goodman and Alex Whiting. The Acting Attorney General is in a position to seriously undermine the Russia investigation. He could potentially take several steps behind closed doors without the public being able to know in a timely manner. Other steps would be immediately visible. In the final analysis, the principal constraints on the Acting Attorney General if he is considering ways to undercut the investigation are the degree to which that individual is concerned about the personal repercussions of violating the most fundamental norms of his profession, the longer term damage to the institutions of justice, and any political blowback from Congress or the public.

Last week, the Library Innovation Lab at Harvard Law School published a digital database of case law documents dating from 1658 to 2018. This initiative, the Caselaw Access Project, has worked for years to digitize all the documents, which consist of more than 40 million pages. We commend the Law School for making this massive trove of legal information available to the Harvard community and the public at large. Such a project is important for increasing legal transparency. As the project’s director, Adam Ziegler, noted, the entire project’s purpose was to address the “real need for ready access to court opinions.” Indeed, the finished project accomplishes that goal, providing access that stretches far in time and scope. Over three hundred and fifty years’ worth of case law documents from many areas of the U.S. judicial system — on the federal, state, and territorial levels — are now available.