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The Harvard Law Record-2 FINAL2 The Harvard Law Record hlrecord.org Independent at Harvard Law School since 1946 Friday, November 8, 2019 Student Organization Tackles Interview with Jonathan Herzog Arbitration Agreements, — Your classmate Reform in the Judiciary running for Congress By Diego Alvarez The Record: Why did you decide to take a leave from HLS, and how did you end up running for Congress? Among the many student organi- Herzog: Andrew Yang announced zations and affinity groups that try to his candidacy for President last year. focus on student advocacy and insti- At that point he was an unknown tutional improvements at HLS, one entrepreneur who founded Venture organization is setting its sights on for America. His thesis is that we are combatting arbitration agreements at going through the fourth industrial law firms and sexual assault reform revolution, the greatest economic and in the judiciary. technological shift in our history. It is The People’s Parity Project — for- why Donald Trump is our President. merly known as the People’s Pipeline We have automated away millions Project — is a relatively new organi- of manufacturing jobs in the swing zation, founded just two years ago states that you have to win. And we here at HLS, that has become a voice are now doing the same to millions of for some HLS students who end up retail jobs, call center jobs, fast food at large law firms or will be clerks for jobs, truck driving jobs, and on and judges. The PPP, through field orga- on. His flagship proposal was the nizers such as 2L Beth Feldstein and freedom dividend, a universal basic CREDIT: HERZOG2020.COM 2L Andre Manuel, operates through income of $1,000 a month for every activism, editorials, and conversa- American adult to help us transition a self-regulating profession and that tions to pursue their goals of spark- through this economic shift. there are good principled reasons ing action and educate their peers. This felt deeply urgent to me. I looked for why you need to have barriers to “Our mission at its core is about CREDIT: THE PEOPLE’S PARITY PROJECT around and he was the only voice in entry, certifications, and safeguards finding the ways that the legal pro- our political process calling out what for the quality of legal practice to fession and the law have profound Feldstein said the issue is very sexual harassment or discrimination I saw to be the central high variance avoid exploiting people. At the same effects on consumers’ and workers’ relevant at HLS as judges get a large at work, they would not have a right challenge of our time. time, the current access to justice cri- lives,” Feldstein said. number of their clerks from the law to sue their employer.” That is why I took a leave: to help sis and the lack of access to basic legal The PPP does three main types school. The PPP looks at the barri- The PPP has so far been success- him qualify for the National Debate services suggests that we are defend- of work, including advocacy against ers the reporting system inherently ful in getting one major firm to drop Stage. I am happy to say that he is a ing the current status quo of regula- and for certain law firms, working on sets up and has been vocal about the their arbitration agreement from top four, five, or six presidential can- tory structures rather than reforming local legislation to support organi- importance of change. their employee contracts through a didate, depending on where you look. them. zations in Massachusetts that push heavy protest campaign. In coordi- And one of only two candidates to get The Record: Would commoditizing companies to end coercive practices, nation with other HLS groups, such and automating legal work and deliv- and general public education about We know that as Lambda, the organization is still ering legal services cheaply solve the the impact of forced arbitration trying to get other law firms to do so Much of entry-level access to justice issue or would it pri- agreements. The PPP has developed harassment in as well, Manuel said. marily put lawyers out of work? to pursue many objectives, but it was “By exerting pressure, we are able white-collar work, Herzog: This is why the foundation originally established in the wake of clerkships is to get a lot of major law firms such of a freedom dividend, a univer- numerous allegations against senior as Kirkland & Ellis, which is one of from corporate law to sal basic income to every American members in the judiciary. something that the largest law firms in the world, to adult, is so vital. “One of the reasons PPP was drop their forced arbitration clauses investment banking — We can try to plug the holes in the founded was Alex Kozinski,” Feld- happens, but people from their employment contracts,” he ship, wherever we find them. Today, stein said. “He was a very prominent said. “However, there are still some a lot of the work that 30% of American stores in malls are 9th circuit judge who was essentially don’t feel comfortable major law firms like Venable, Gibson closing. If you walk into a CVS or exposed as having repeatedly sex- Dunn, and DLA Piper that use forced most of our classmates McDonald’s, you have an automated ually harassed his law clerks for a reporting it. arbitration.” kiosk and a self-checkout. Tomorrow, period of decades.” The PPP has been pairing up with will be doing — is it might be accounting, corporate Kozinski was among several fed- multiple law schools across the coun- legal work, or any other entry-level, eral judges who were implicated in Along with sexual assault reform, try to target specific law firms, con- subject to automation. white collar work. sexual harassment claims. The main the PPP is also strongly determined vincing student groups at HLS to The reality is some professions have problem with the allegations in the to combat the pervasiveness of arbi- refuse funding from law firms that strong professional lobbies and oth- judiciary however, Feldstein said, tration agreements in consumer con- have arbitration agreements and set- more than 10% of Trump voters. If he ers do not. I do not think we should is there is a lack of information and tracts. Manuel said HLS students ting up more events to protest spe- gets the nomination, he will win. be protecting the job. We should be reporting. Feldstein said the PPP have constantly faced arbitration cific firms. The main goal concerning The reason I’m running for Congress protecting the people. We are at a plans on attempting to address the agreements upon entering law firms, law firms in the future is promoting is that Yang’s platform is a legisla- point where our GDP has gone up issue from HLS. so the PPP has strived to combat that. student activism and educating law tive platform. We have conflated to 20 trillion, but our life expec- “One of our initiatives for this “The origin of PPP’s work with firm employees. the executive with the legislative in tancy as a country has gone down semester is pushing HLS and other regards to forced arbitration was “This summer we actually orga- our national consciousness in many for three years, for the first time in law schools to do a climate survey exposing that law firms were forcing nized a leafleting campaign out- ways. But fundamentally you need a century. That is unheard of in an so that we can find out just what the many of their employees including side of Venable’s office in D.C. when the votes in the House to pass the advanced industrialized economy. extent of the problem is,” she said. “We summer associates who are peers at they were having a recruiting event freedom dividend law. My goal was We have hit the breaking point. We know that harassment in clerkships is HLS to sign forced arbitration agree- for rising 2Ls, so we were similarly to run in the only district I could, my already crossed the threshold. Our something that happens, but people ments giving away their right to sue if handing out flyers and trying to home district of New York, to try to focus has to be on building a more don’t feel comfortable reporting it — anything goes wrong,” Manuel said. advance so that we have the House there are a lot of retaliation concerns.” “In particular, if they face issues like Continued on page 2 united in 2021 to pass his agenda. The Record: Was there an expe- What would anyone rience you had at HLS that led you Jurisprudence, gives students the down this path? here do, if they 1Ls Petition for Right-of-Center Clinics opportunity to craft originalist Herzog: It is interesting because in arguments for federal appellate and many ways, this is not a “them” issue. knew that they By Eli Nachmany and Jacob Richards Supreme Court briefs. These student This is not a working-class issue. This briefs are not mere intellectual exer- is an “us” issue. I have HLS friends were guaranteed an Earlier this week, over 80 Harvard is something that George Mason’s cises; they have real-world impact who founded Evisort, an automated Law students (ourselves included) Antonin Scalia Law School currently and advance the development of law. contract review company that is get- unconditional income? signed a petition requesting more offers. Meanwhile, NYU Law offers a Justice Thomas even cited a clinic ting a fair bit of investment.
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