The civil-rights offices of the U.S. Department of Education and the U.S. Department of Health and Human Services launched a Title VI investigation into Harvard University and the Harvard Law Review on Monday in response to allegations of race-based discrimination.
The investigation stems from allegations that criteria for journal membership and article publication are “race-based” rather than “merit-based,” the departments announced in a joint statement.
“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,” said Craig Trainor, acting assistant secretary for civil rights within the Education Department. “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,” he said. “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 the HHS Office for Civil Rights, noted the “momentum” that law journal membership and publication can provide for a law student’s career.
“Law journal membership and publication are crucial achievements that build momentum for law students’ careers and shape legal scholarship,” said Anthony Archeval, acting director of the HHS Office for Civil Rights. “This investigation reflects the administration’s common-sense understanding that these opportunities should be earned through merit-based standards and not race.”
In a recent post, U.S. President Donald Trump called Harvard “antisemitic” and a “threat to democracy.”