Harvard Law & Policy Review

The Progressive Journal of the American Constitution Society

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A Proportional Response To Cyber Terrorism

by Laura Sanders* As the presidential election rages on, the Obama administration is quietly considering how to respond to an unprecedented foreign invasion. On October 7, the Obama administration publicly acknowledged for the first time that the Russian government was probably responsible for a cyber attack on the Democratic National Committee (DNC) that resulted in the theft and disclosure of several thousand sensitive emails. Experts have noted that, unlike conventional espionage, the goal …

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Is This What Accountability Looks Like?

By Edward Nasser* Wells Fargo & Co. Chairman and CEO John Stumpf resigned this week, effective immediately, under intense public pressure for the bank’s sales-tactics scandal and his inelegant handling of the fallout. Mr. Stumpf won’t receive a severance package, relinquished $41 million in unvested equity awards, and agreed to forgo salary during an independent investigation led by the board. He will not receive a bonus either. Timothy Sloan, whose most recent role was as Wells Fargo’s …

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A Fatal First for the Obama Presidency

by Lucy Dicks-Mireaux* In the first veto override of the Obama administration, Congress enacted the Justice Against Sponsors of Terrorism Act (JASTA), a law that will allow September 11 victims and their families to sue Saudi Arabia’s government for allegedly backing the attacks on the United States. Fifteen of the nineteen men who carried out the 2001 attacks were Saudi Arabian nationals, but Saudi Arabia has consistently denied any involvement and the 9/11 Commission found no evidence of …

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Open Carry Is Not a Solution: Problems With Texas’ New Gun Law

by Greg Tsioros* New Texas Firearm Laws Raise Concerns As of January 1st, 2016, it is now legal for some Texas citizens to openly carry loaded handguns in public places. Texas has now joined a group of state governments that are expanding rights for pro-gun advocates at a time when gun violence is a massive national public health concern. Several arguments have been advanced to justify the passage of House Bill 910, Texas’ recently enacted open carry law. Among these, the two most …

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EEOC Believes Sexual Harassment Prevention Efforts Are Failing

by Carney Shegerian* The Equal Employment Opportunity Commission (EEOC) recently released a report revealing the inadequacy of employers’ efforts to prevent sexual harassment. The EEOC said in a statement that employer training, which has been used for over 30 years, “has been ineffective and focused on simply avoiding legal liability,” rather than preventing harassment from taking place. Anyone can be sexually harassed in the workplace, regardless of race, gender, sexual orientation or …

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A Tribute To Our Living Constitution

By Isaac Saidel-Goley* In honor of Constitution Day, I reflect on what I have learned from countless pages of constitutional law cascading from a brief document that I have had the privilege to spend the past few years of my life studying. I have learned that the Constitution is not, and has never been, perfect. Not even close. It was crafted by flawed framers and has been interpreted by imperfect jurists. It has enshrined slavery; condoned segregation; authorized the involuntary …

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