March 2010 Stitutional Issues

2 revolving door: From m a r c h 2 0 1 0 Hauser Hall to the halls of D.C. New Public Service Venture Fund launched at HLS arvard support for graduating law school J.D. students who hope Hannounced in to pursue postgraduate February the creation work at nonprofits or of the Public Service government agencies in Venture Fund, which the United States and will start by awarding $1 abroad. million in grants every “This new fund year to help graduating is inspired by our This fund is an students pursue careers students’ passion for investment that H RT in public service. justice,” said Harvard will pay dividends O W The first program Law School Dean not only for our ns R A of its kind at a law Martha Minow. “It’s an students, but also F school, the fund will investment that will pay for the people phil offer “seed money” dividends not only for whose lives they JUDICIAL BRANCHES offered hints of spring ahead, as budding lawyers took for startup nonprofit our students, but also refuge from snow in the warmth of Langdell. will touch.” ventures and salary for the countless >>8 Dean Martha Minow Prosecution on the world stage Seminar explores policies of the ICC’s first prosecutor his january, in a war crimes and crimes against seminar taught by Dean humanity. Discussion ranged TMartha Minow and from the court’s approach to Associate Clinical Professor gender crimes and charging Alex Whiting, 15 students at policies, to the role of victims, Harvard Law School discussed and the power of what Minow the policies and strategies of the called “the shadow”—outside prosecutor of the International actors who magnify the court’s N TE Criminal Court. Also in the impact. as classroom: the man most In a presentation to the class, F ah E L directly connected to those Helen Beasley ’11 described Y B policies, Luis Moreno-Ocampo, the prosecutor’s approach to the ICC’s first prosecutor. charging as focused, selective aphs GR O Two-thirds of the way and aimed at deterrence. T through his nine-year mandate, Naira Der Kiureghian ’11, pho Moreno-Ocampo came to who interned last summer at ICC PROSECUTOR LUIS MORENO-OCAMPO Cambridge from The Hague the International Criminal discussed policies and strategies of the International to participate in the seminar, Tribunal for the former Criminal Court in a seminar he co-taught at HLS this in which students reviewed Yugoslavia during the trial of January with Dean Martha Minow. As part of the policies and proceedings of the former Serb leader Radovan course, students reviewed policies of the ICC and first permanent, independent Karadzic, recalled how Moreno-Ocampo’s approach as prosecutor to cases involving genocide, war crimes and crimes against international court set up to prosecutors struggled under humanity. hear cases involving genocide, the pressure to narrow >>5 Harvard Law Today Nonprofit Org. INSIDE Harvard Law School U.S. Postage 125 Mount Auburn Street PAID Boston, MA 3 Decoding the death penalty Cambridge, MA 02138 Permit No. 54112 4 Assessing the Roberts Court 6 In the zone with Carfagna 7 In Brazil, whispers of the lost 8 Breaking down barriers for women 2 BRIEFS D.C.59 SWAP Presidential adviser on health care Tribe now senior counselor After serving in the White Robert Greenwald, lecturer on law and director of the Health Law and Policy for access to justice in the House, Freeman returns to Clinic and the LGBT law clinic at the Department of Justice Harvard Law School WilmerHale Legal Services Center, was appointed to the Presidential Advisory aurence tribe ’66, the Carl M. Loeb rofessor jody freeman L.L.M. ’91 S.J.D. Council on HIV/AIDS. The 24-member University Professor at Harvard Law School, ’95 returned to the Harvard Law School faculty council provides advice to the president through the Lbecame senior counselor for access to justice Pthis month, after serving in the White House secretary of Health and Human Services on domestic and in the Department of Justice, where he leads a newly as counselor for energy and climate change for more global HIV/AIDS policy issues. Greenwald founded launched initiative aimed at improving access to civil than a year. Harvard Law School’s Health Law and Policy Clinic, which and criminal legal services. Freeman, a leading scholar of administrative was awarded a two-year $200,000 grant from the Ford In launching the initiative, and environmental law, was appointed to Foundation in December. Justice Department officials an endowed chair in public law named for say they hope to elevate the Watergate special prosecutor and former Lessons from ancient Athens importance of legal access Solicitor General Archibald Cox ’37 and issues and to take concrete will work at the law school and across the On Dec. 14, at Columbia University, steps to address them. The university to harness Harvard’s talent and Professor Adriaan Lanni gave the annual primary focus of the initia- resources toward shaping global energy policy. Kyriakos Tsakopoulos Lecture on tive is to improve indigent She resumed her role as director of the law Aristotle and the Moderns, focusing on defense, enhance the deliv- school’s Environmental Law Program, which Aristotle’s relevance to contemporary ery of legal services to the she founded in 2006 and which houses one of debates. The title of Lanni’s talk was poor and middle class, and the nation’s top environmental law and policy “Reconciliation after Mass Atrocity: Lessons from identify and promote alter- clinics. Ancient Athens.” An expert in ancient law and criminal natives to court-intensive “I’m thrilled to welcome Jody back after her law, Lanni is the author of “Law and Justice in the Courts and lawyer-intensive solu- tremendous service in the White House,” said of Classical Athens” and a forthcoming book, “Law and tions. Harvard Law School Dean Martha Minow. “In Order in Ancient Athens.” “We at the law school more than a year of intensive policy review and salute Larry Tribe’s willing- implementation, she made major contributions Souter to speak at Harvard ness to advance the dream of true access to justice for to the shaping of bold and innovative new initiatives all. We will miss him while he’s in Washington, but it in environmental and energy policy, and she will now David H. Souter ’66, who served nearly helps to know he will bring his enormous talents and bring the lessons and insights from that experience two decades on the U.S. Supreme Court energy to such a vital task,” said Harvard Law School here to the law school and to the wider university. before stepping down in 2009, will be Dean Martha Minow. Her knowledge will be invaluable to students the principal speaker at the afternoon As senior counselor, Tribe is a primary liaison to and colleagues engaged in the critical search for exercises of Harvard University’s 359th the federal judiciary and works with federal, state, solutions to the staggering environmental and energy Commencement on May 27 in the and tribal judiciaries in strengthening fair, impartial challenges we face nationally and globally.” Tercentenary Theatre of Harvard Yard. and independent adjudication. He also exchanges In her role as counselor to Carol Browner, director information with foreign ministries of justice and of the White House Office of Energy and Climate New president of the Harvard Law Review judicial systems regarding efforts to provide access to Change Policy, Freeman contributed to a variety justice, as part of the DOJ’s existing international of policy initiatives on Zachary Schauf ‘11 was elected the 124th efforts to promote fair and impartial law enforce- American energy and president of the Harvard Law Review in ment and adjudication. climate change issues, January. Schauf has a B.A.S. in history and Tribe began his tenure at the DOJ on March 1 including the pursuit of mathematics from Stanford University and and officially reports to Associate Attorney Gen- comprehensive energy an M.Phil. in modern Middle Eastern eral Thomas Perrelli ’91. and climate legislation studies from Oxford University. He worked Tribe is a renowned professor of constitutional that would place a market- as a writer and editor in Washington, D.C. before starting law. He joined the Harvard Law School faculty in based cap on carbon. The law school. 1968, received tenure in 1972 and held the Ralph OECC has supported the S. Tyler, Jr. Professorship of Constitutional Law Obama administration’s from 1982 to 2004, when he was appointed Uni- efforts to reduce versity Professor—the highest academic honor dependence on oil, cut HARVARD LAW TODAY that Harvard University can bestow upon a fac- greenhouse gas pollution, Assistant Dean for Editorial Office ulty member, reserved for just a handful of pro- N advance energy efficiency Communications TE Harvard Law Today fessors throughout the university. and spur American Robb London ’86 125 Mount Auburn St. as Editor Cambridge, MA 02138 Tribe is the author of more than 100 books F leadership in clean energy 617-495-3118 ah Christine Perkins E [email protected] and articles, including “American Constitutional L manufacturing, including Managing Editor Linda Grant Send change of address to Alumni Records Law,” “On Reading the Constitution” and “The Invis- efforts undertaken in the Recovery Act. The OECC Design Director 125 Mount Auburn St. ible Constitution.” He has argued 35 cases before the helped to facilitate the president’s national auto Ronn Campisi Cambridge, MA 02138 Contributors [email protected] Supreme Court of the United States—including the policy, which represents a historic agreement among AsliEmily Bashir, Dupraz, Emily Stephanie Dupraz, Ehresman Stepha- Volume 9 Number2Number 3 historic Bush v.

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