Harvard Law & Policy Review

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Korematsu Part II? Terror, Panic, and Institutional Failure

By Ana Choi* In the aftermath of the recent terrorist attacks in Paris, panic has engulfed the United States. The fact that the attacks occurred in France—rather than in a distant and war-torn country that we can psychologically distance ourselves from—has shattered people’s sense of security and caused the threat of terrorism to loom larger and more real than before. Unsurprisingly, the immediate reaction of many politicians and lawmakers has been to champion drastic, sweeping measures that …

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A SCOTUS Ruling on Gay Marriage: What’s it Actually Worth?

By HLPR Online Staff Since the Supreme Court’s June 2013 ruling in United States v. Windsor—holding the federal Defense of Marriage Act unconstitutional—gay rights advocates have brought a tidal wave of lawsuits across the country successfully challenging state bans on same-sex marriage. On October 6th of this year, the Supreme Court denied cert in cases from five states, leaving in place lower court rulings striking down same-sex marriage bans. Though many had hoped the Court would hear the …

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Getting Rid of Teacher Tenure Will Not Lead to Education Equality

By Ana Choi Last month, David Boies—the star litigator who represented Al Gore in Bush v. Gore and argued against California’s Prop 8 in Hollingsworth v. Perry—became the chairman of Partnership for Educational Justice (PEJ), an organization founded by former CNN anchor Campbell Brown to pursue lawsuits challenging teacher tenure. According to an interview with the Washington Post, Boies is crafting a state-by-state litigation strategy in order to eliminate teacher tenure through the court …

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