Cambridge, Massachusetts — The Harvard Law Review is facing scrutiny amid allegations of race-based discrimination in its editor and publication selection processes, claims that prompted investigations by federal agencies. The review’s leadership has categorically denied these allegations after the conservative outlet Washington Free Beacon published leaked documents revealing discussions about demographic profiles in the editor selection process.
The Department of Education and the Department of Health and Human Services launched inquiries into Harvard shortly after the Free Beacon’s report, reinforcing allegations of potential violations of Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race and national origin in federally funded programs. Education Secretary Linda McMahon referenced these concerns in a letter indicating that Harvard might lose federal grant eligibility.
On Tuesday, Harvard Law Review President G. Terrell Seabrooks responded by releasing a fact sheet outlining the review’s internal structure and article selection criteria. The fact sheet aimed to undermine the Free Beacon’s claims and asserted that media reports misrepresented the Law Review’s procedures. Seabrooks stated that no federal agency had contacted the Law Review directly regarding the investigation and expressed the organization’s commitment to compliance with all legal standards.
Each year, the Law Review admits 54 new editors, with 30 selected through a writing competition and academic performance, while 24 undergo a holistic review process that includes personal statements. According to a resolution from 2021 cited by the Free Beacon, the selection committee prioritized including qualified editors from underrepresented groups, considering various factors including race.
However, the Law Review’s fact sheet pointed to different internal guidelines, asserting that race discussions in personal statements are only considered if they illustrate other attributes, such as leadership. The review indicated that requirements stemming from recent court rulings, specifically regarding affirmative action, had shaped its practices.
The allegations include claims that nonwhite authors received preferential treatment based on their race. The Free Beacon referenced internal communications that suggested expedited reviews for certain authors, labeling it as systemic bias. The Law Review countered that its practices include expediting submissions for authors facing “exploding offers” from other journals, not based on race.
The leaked memos and selection discussions were said to be the initiative of individual editors, emphasizing that the entire membership has input in the article selection process. The Law Review reiterated that demographic information is withheld during the initial stages of reviews, underscoring a commitment to impartiality.
In its communication, the Law Review clarified its operational independence from Harvard University and Harvard Law School, stating that it functions as a separate entity, although it shares campus facilities and governance structures. Title VI implications, the review noted, apply to Harvard but could exempt it from direct liability due to its nonprofit status.
In related developments, another report from the Free Beacon alleged a fellowship awarded to Ibrahim I. Bharmal, a student charged with assault at a protest, was approved by Harvard faculty. The Law Review asserted that its selection committees for fellowships involve alumni and former fellows, with no current Harvard Law School professors participating.
This fact sheet represents the Law Review’s formal response to the ongoing controversy and federal investigation. In the aftermath of the Free Beacon report, the review has also made adjustments to its public-facing materials, with recent changes to its application process eliminating references to race and identity aspects.
The Law Review’s editor list, previously available online, has also been removed, further indicating its efforts to address and clarify its policies amidst the heightened scrutiny.
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