May 11, 2016

Same Sex Student Clubs Consider Legal Action Against Harvard University


Massachusetts state law extends constitutional protections to non government actors. MGL Chap. 265, Sec 37, applies to the person, The President and Fellows of Harvard College. More important than having a law school "on retainer" is too many judges in the First Circuit and Massachusetts state courts are Harvard Law graduates and university degree holders. They have a habit of allowing exceptions to laws for the university.

[From article]
Lake and other lawyers agreed that Harvard’s status as a private institution grants it more leeway than a public university would have in a similar situation.
[. . .]
“Because Harvard is private, its predominate relationship with students is contractual,” Lake said. “It does give a private institution the right to set certain standards for students that might not be acceptable at a public institutions.
[. . .]
“Last time I checked, you don’t sue someone who has a law school on retainer,” James M. Myers ’77, said.

Clubs Weigh Potential Legal Action Against Harvard Policy
May 10, 2016

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