OUR BICENTENNIAL CRISIS - Harvard Law Record

OUR BICENTENNIAL CRISIS

OUR BICENTENNIAL CRISIS

A Call to Action for Harvard Law School's Public Interest Mission

Pete Davis

The Harvard Law Record

The Harvard Law Record Corporation 1563 Massachusetts Avenue Cambridge, MA 02138

Printed in the United States of America.

ISBN-13: 978-0-692-97027-0

Library of Congress Control Number: 2017916238

The Harvard Law Record is the oldest law school-affiliated newspaper in the United States. It has been published since 1946, and its contributors have included presidential candidate Ralph Nader, Supreme Court justice William Rehnquist, notable law professors, and writers who have gone on to win Pulitzer, O. Henry, and PEN Prizes. The newspaper has been the recipient of several American Bar Association journalism awards over the past decade.

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Contact the author at PeDavis@JD18.law.harvard.edu or through .

TABLE OF CONTENTS

1. HOLMES' CHALLENGE

1

2. THE CRISIS OF OUR TIME: MASS

EXCLUSION FROM LEGAL POWER

3

2a.Mass exclusion from legal power

in the criminal justice system

4

2b.Mass exclusion from legal power

in the civil justice system

9

2c.Mass exclusion from legal power

in the political system

15

2d. Canon 8 ignored

24

2e.The ability to respond

30

3. HARVARD LAW 'S FAILURE TO LEAD

35

3a. Excuse #1: "Pro bono work and charitable

giving blurs the divide"

38

3b. Excuse #2: "Everybody deserves a lawyer"

43

3c. Excuse #3: "Graduates take public interest jobs later"

49

3d. Excuse #4: "Students are free to choose"

54

3e. Excuse #5: "This involves factors beyond

Harvard Law's control"

57

3f. Excuse #6: "Harvard Law is a path to the upper class" 59

3g. Harvard Law through the eyes of the poor

63

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