July 2011 July 8 Class Day Speaker Alec Baldwin World-Class Appointees Bring New Expertise
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july 2011 july 8 Class Day Speaker Alec Baldwin World-class appointees bring new expertise Richard Lazarus Leading scholars Mihir Desai add to the faculty Dean Martha Minow continues to grow the faculty with five new appointments. Minow described the latest hires as “superb teachers who will bring their enormous talent and wisdom to the HLS community.” >>6 Justice Ginsburg remi- nisced about her time at Holger Spamann Vicki Jackson Robert Greenwald HLS and congratulated the graduating Class of 2011. L. BARRY L. HETHERINGTON BARRY IMPROMPTU—AND INCOGNITO ... To the surprise and delight of this year’s graduates, Supreme Court Justice Ruth Bader Ginsburg ’56-’58 dropped in on HLS’s commencement after receiving an honorary degree from the university earlier in the day.>>8 Scholars analyze the evolution of anti-discrimination law New strategies for dealing with an age-old problem n recent decades, legislative recent evolution of anti-discrimination bodies throughout North America law on both continents. Iand Europe have enacted sweeping The organizer of the event, HLS laws to protect racial and ethnic Professor Grainne de Burca, said minorities, women, the disabled and that she and a European colleague, other groups who are victimized Ruth Rubio Marin, had begun a by discrimination. Perhaps not project looking at how European anti- surprisingly, these efforts have discrimination law was changing under encountered resistance—oftentimes European Union rules. “I became successful—leaving anti-discrimination aware that there were many interesting scholars and activists to ponder new debates with resonances on both A recurring theme strategies for dealing with an age-old throughout the dis- sides of the Atlantic,” she said. “We problem. cussions was a sense thought this workshop would provide of disillusionment On May 6 and 7, a group of these among U.S.-based par- an opportunity for us to learn from scholars from the U.S., Canada and ticipants with the role each other, given that similar problems that legal institutions Europe participated in a Harvard Law have come to play in are being addressed in very different School workshop that analyzed the tackling inequity and contexts but with many common >>7 discrimination. MARTHA STEWART Harvard Law Today Nonprofit Org. INSIDE Harvard Law School U.S. Postage 125 Mount Auburn Street PAID Boston, MA 2 Constitutional reform for Honduras Cambridge, MA 02138 Permit No. 54112 3 Six profs, six ideas, 60 minutes 3 A decorated general gets another medal 5 As one journey ends, five new ones begin 8 Class Day and Commencement 2011 2 At “HLS Thinks Big” on May 23, Professor Jon Hanson argued that BRIEFS understanding what moves people may be the most important question for law in the future. STEIKER APPOINTED TO PUBLIC COUNSEL BENKLER, STEVENSON NAMED FORD SERVICES COMMITTEE FOUNDATION VISIONARIES The Massachusetts Supreme Judicial Harvard Law School Professor Yochai Court appointed Professor Carol Benkler ‘94 and Bryan Stevenson ‘85, Steiker ’86 to a three-year term on the founder and executive director of the Committee for Public Counsel Services. Equal Justice Initiative, were two of The 15-member committee oversees 12 recipients of the Ford Foundation the statewide provision of public defense services and Visionaries Award. The award was other legal representation for indigent people in criminal created in recognition of the 75th and civil court cases and proceedings in Massachusetts. anniversary of the Ford Foundation to Steiker, who was named the Howard J. and Katherine W. celebrate social innovators from a variety Aibel Professor of Law at HLS in 2007, is well known for her of fields. Benkler was honored for his criminal law scholarship, particularly for her research and work harnessing technology for social good. Stevenson was writing on the death penalty. recognized for his work challenging bias against the poor and people of color in the criminal justice system. THE LAW AND FINANCE OF MARK-UPS MARTHA STEWART ZITTRAIN JOINS FCC AS On behalf of the Financial Industry DISTINGUISHED SCHOLAR Regulatory Authority, Allen Ferrell ’95, the Harvey Greenfield Professor of Professor Jonathan Zittrain ’95, co- Constitutional reform for Honduras Securities Law, recently conducted an director of the Berkman Center for HLS Professor Noah Feldman and a team of HLS affiliates analysis of more than 161,000 equity Internet & Society, was appointed as the have written a report at the request of the Commission transactions in order to assess the mark-ups and mark- Federal Communications Commission’s on Truth and Reconciliation of Honduras, examining the downs that broker-dealers charge when customers buy and Distinguished Scholar. FCC Chairman constitutionality of the actions in Honduras that resulted sell securities. The results of this study, titled “The Law and Julius Genachowski ’91 announced the appointment in the 2009 military coup that removed President Manuel Finance of Broker-Dealer Mark-Ups,” have subsequently in May. Zittrain, who will continue his teaching and Zelaya from office. inspired changes to the FINRA’s rules governing mark-ups, scholarship at Harvard during the appointment, will be The report’s co-authors include: David Landau ’04, commissions and fees. based in the Office of Strategic Planning & Policy Analysis assistant professor at Florida State University College and will work on a range of issues related to 21st-century of Law, and Brian Sheppard LL.M. ’05, S.J.D. candidate A ‘PUBLIC‘ CIRCUS AT HLS communications networks. and associate professor at Seton Hall University School of Law. Leonidas Rosa Suazo, attorney at Bufete Rosa y The 18th annual Public TOP TEN CORPORATE AND SECURITIES Asociados in Honduras, served as the local consultant for Interest Auction took place on LAW ARTICLES IN 2010 the project. The report found that both parties—Zelaya April 7. Emceed this year by and those who removed him from office—likely acted Professors Randall Kennedy This year’s list of “Top Ten Corporate and unconstitutionally on numerous occasions. The authors (photo left) and Jonathan Securities Articles,” based on an annual suggest a series of reforms aimed at fighting the threat Zittrain ’95, the event—billed poll of corporate and securities law of unconstitutional presidential action and the threat of as “Step Right Up! Bids Under academics, includes six articles written military intervention. the Big Top”—raised $98,683 or co-written by the following HLS faculty The report will be publicly available after the to support the Summer Public Interest Funding program, and fellows: Professors Lucian Bebchuk LL.M. ’80 S.J.D. commission releases its findings later this summer. which provides opportunities for students to begin their ’84, Mark Roe ’75, Holger Spamann LL.M. ’01 S.J.D. ’09, careers working in public interest. More than 150 items, Guhan Subramanian ’98 J.D./M.B.A. and George Triantis Professor Noah Feldman including a solo string concert by Professor Joseph Singer and HLS Corporate Governance Senior Fellow Leo Strine, ’81 and a day of indentured servitude from the president of vice chancellor of Delaware’s Court of Chancery. The top the Harvard Law Review, were auctioned off. 10 articles, selected from more than 440 pieces, will be reprinted in an upcoming issue of the Corporate Practice Commentator. COLLABORATING WITH SCIENCES PO Harvard Law School and Sciences Po Law Assistant Dean/Chief of Editorial Office Communications Harvard Law Today School have launched a wide-ranging Robb London ’86 125 Mount Auburn St. program that includes exchanges of fac- Editor Cambridge, MA 02138 Christine Perkins 617-495-3118 ulty and students, both pre-doctoral and [email protected] Managing Editor post-doctoral, and co-sponsorship of joint Linda Grant Send change of address to Alumni Records conferences on U.S. and European legal issues. Sciences Po, Design Director 125 Mount Auburn St. France’s leading university for social sciences, created a law Ronn Campisi Cambridge, MA 02138 Contributors [email protected] school in 2009 in order to train lawyers with an emphasis Katie Bacon, Dick Dahl, Carolyn Volume 10 Number 4 on critical thinking and creativity. Under the new partner- Kelley, Jenny Kurk, Sarah Harvard Law Today is published ship, faculty from each school may participate in short- Marston, Elaine McArdle, Emily by Harvard Law School Newburger, Lewis Rice, Lori © 2011 by the President and term exchanges for up to two weeks. This June, HLS hosted Ann Saslav, June Wu Fellows of Harvard College the program’s first conference, “Franco-American Legal harvard law today july 2011 july today law harvard Influences, Then & Now.” THINKING BIG 3 Six Harvard Law School professors with six ideas worth “ Establishing the rule of spreading in 60 minutes law ... is critical to the kind of sound governance that will enable an enduring transition of security responsibility to Afghan “HLS Thinks Big,” Over the course of one in law. forces.” mark martins ’90 inspired by the global hour, Clinical Professor Professors John TED (Technology Deborah Anker LL.M. ’84 Manning ’85 and Adrian Entertainment and examined legal assistance Vermeule ’93 discussed Design) talks and modeled for undocumented the difference between after the college’s students, while Professor “mind-numbingly “Harvard Thinks Big” Randall L. Kennedy precise phrases” and event, was held at Harvard stressed the importance “breathtakingly open- Law School on May 23 in of not turning only to the ended phrases” in Austin North. justice system but also statutes. Professor Jon The event, moderated to the other branches Hanson discussed social DYDYK CHRISTOPHER by Dean Martha Minow, of government to glean psychology and Professor featured topics ranging insight into race relations Mark Roe ’75 introduced RULE OF LAW IN command of the newly kind of sound gover- from risk analysis in the audience to the ideas AFGHANISTAN established Rule of nance that will enable constitutional design G Web link: http://hvrd.