HarvardSummer 2021 Law bulletin Disinformation. Deception spreads faster than truth on social media. Who — if anyone — should stop it? CONTENTS | SUMMER 2021 Oh, What a Tangled Web We Weave 18 Deception spreads faster than truth on social media. Who — if anyone — should stop it? ‘What Can We Do to Help Create 150 Years of Change in 10 Years?’ 26 The new Institute to End Mass Incarceration takes aim at ‘one of the LUONG TONY defining civil rights issues of our time’ andrew manuel crespo ’08 launches The insTiTuTe To end mass incarceraTion. page 26 Katherine Tai Represents 32 In her new role as USTR, Tai ’01 brings legal expertise, political savvy, and a deep commitment to American workers Off the Bench and into the Breach 36 Merrick Garland ’77 returns to the Department of Justice as the 86th U.S. attorney general DREW ANGERER/GETTY IMAGES ANGERER/GETTY DREW “This is The highesT, besT use of my own seT of skills.” — merrick garland page 36 2 FROM THE DEAN Making meaning 3 LETTERS In search of corporate law lyrics 4 WRIT LARGE: FACULTY BOOKS AND FILMS “On Juneteenth,” “Vice Patrol,” “The Crits!” JESSICA SCRANTON (2) SCRANTON JESSICA 10 Two legendary teachers retire INSIDE HLS elizabeTh barTholeT ’65, the inspiration An activist at home in the world; for countless young lawyers Breyer cautions against gerald frug ’63, master teacher, legal the ‘peril of politics’; What Betsy theorist, city lover built; Cities & the teacher p age 14 42 HLS AUTHORS From an American daredevil to an American president 44 CLASS NOTES Finding her voice; Salute to justice; The battle for the ballot box; ‘I’m still HarvardSummer 2021 Law trying to understand my role in this bulletin complex place’ Harvard Law Bulletin Volume 72 | Number 2 54 AssociAte deAN for commuNicAtioNs ANd Public AffAirs IN MEMORIAM Melodie Jackson editor Emily Newburger 58 mANAgiNg editor GYALLER Linda Grant editoriAl AssistANce The Pentagon Papers Jeff Neal, Christine Perkins, case today Disinformation. Lori Ann Saslav Deception spreads faster than truth on social media. Who — if anyone — should stop it? desigN director Ronn Campisi Cover illustration EDITORIAL OFFICE Harvard Law Bulletin by Adam McCauley 1563 Mass. Ave., Cambridge, MA 02138 Email: [email protected] Website: today.law.harvard.edu/bulletin Send changes of address to: [email protected] © 2021 by the President and Fellows of Harvard College. The Harvard Law Bulletin is published two times a year. FROM THE DEAN | BY JOHN F. MANNING ’85 Making Meaning The past year was among the hard- tive elements of law school class- here. That’s a new record, and it est our Harvard Law School com- room and clinical pedagogy to the represents a cumulative total of munity has faced in recent mem- best practices of online teaching. 393,384 hours of service for this ory. It was also one in which our At the same time, they continued class alone. A record 91% of gradu- students, staff, and faculty showed to dedicate themselves to teaching, ating J.D.s took at least one clinic, exceptional resilience, commit- research, and new initiatives that and our LL.M.s — pursuing their ment, creativity, and generosity. confront the urgent issues of our studies from every corner of the Like so many others, members time. The Institute to End Mass world — enrolled in clinics at a 50% of our community faced great chal- Incarceration, fea- higher rate than usual. lenges arising from the COVID tured in this edition, This commitment to service is pandemic, including illness and In a world that is one such effort. not only inspiring; it is vital. This loss, significant new child or el- feels broken, And our staff have is, in part, because our newest der care responsibilities, and, for worked tirelessly alumni, like all of you, have cho- some of our students, learning re- with so many and thoughtfully to sen to join a profession that is ded- motely from halfway around the problems to fix, sustain and further icated to guarding the rule of law, checking abuse of power, giving globe. This year also brought sharp your voice, and the law school’s mis- focus to so many grave and per- sion. I am filled with life to equal justice under law, and sistent injustices: racism, abuse of your service, gratitude and pride preserving the hard-fought right power, inequality, poverty, intoler- and those of for what our com- to govern ourselves. It is also be- ance, threats to democracy. All of munity has achieved cause, in a time of division — when this has touched our community our newest and for its members people aren’t listening, when they deeply and has also highlighted graduates, will hard work and com- cannot agree on facts much less the important role law and lawyers mitment. policy — we lawyers have a special play in furthering the rule of law, be crucial. Looking ahead as role to play. Our work consists of equal justice, and democracy. we begin to emerge facts and reason and argument, Even with all of the challenges from the pandemic, we ask: How and we cannot make our best case they faced, our students commit- do we make meaning of this most unless we listen generously to the ted themselves fully to the im- difficult year? Ours is a profes- other side’s. In a world that feels portant work of learning and of sion of service and contribution. broken, with so many problems to meeting the growing needs of vul- A common passion I see in our fix, your voice, and your service, nerable clients. Our faculty, too, students year after year is a deep and those of our newest graduates, worked hard to adapt the distinc- commitment, in many different will be crucial. ways and with many goals in view, Thank you for all you have done to doing something larger than and all you will do to make mean- themselves, to making the world ing of this challenging year, for always better. That aspiration has bringing your best selves to the never been more evident than in worst problems, and for showing this past year. once again the importance of the In the time of COVID, when service lawyers and the law can navigating school and life was render, especially when times are just plain harder, one might have hardest. We will watch with pride thought the extraordinary num- as our newest graduates take their ber of service hours typically per- places by your side, among the formed by Harvard Law School generations of great Harvard law- students would fall off, at least a yers and leaders who have dedicat- bit. In fact, it’s been just the op- ed themselves to making progress posite. Members of the J.D. Class and to doing the always unfinished of 2021 each did an average of 662 work of advancing the ideals of law JESSICA SCRANTON JESSICA pro bono hours during their time and justice. 2 harvard law bulleTin Summer 2021 LETTERS READER’S QUERY smart pigeons learned to er among them), and some not The retirement tribute to Professor push, which, while deny- so memorable, only John Hart Robert Clark ’72 (Summer 2020 issue), ing the bird a pellet im- Ely’s Advanced Con Law class ap- who wrote and performed music in his mediately, allowed the proached Tribe’s every-single-day- classes to help students remember the wise pigeon to collect at-the-top-of-his-game approach principles of corporate law, spurred many more pellets lat- to teaching. memories of another musical corporate er. (This is the lever to ivan orTon ’77 law class. It also spurred a question. which Kathleen Sullivan Seattle, Washington alluded in her tribute to I was wondering if any reader re- Professor Tribe in the Editor’s Note: We are sorry to report that members or has a record of more Summer 2020 tribute: Ivan Orton passed away in January. verses to “Non-negotiable You,” “His imagery was vivid: which emanated from a Secured A constitution was a pre-commit- FOND FORUM MEMORIES AND Transactions class in my era. The ment against future temptation, CONGRATS TO JERRY RAPPAPORT only bits I remember are “You’re like Odysseus tying himself to the Julia Hanna’s article about the the only note that I endorse,” and mast.”) new Law School Rappaport Forum “I want to be your holder in due Why did that simple allegori- (“Coming Full Circle,” Summer course.” cal scientific article impress me? 2020 issue) awakened some nice daniel feldman ’73 Well, like many, I came to Har- memories. In my last semester, New York, New York vard Law School smart but not 1954, I was president of the then very wise. By the time Tribe’s class “Harvard Law School Forum.” We OTHER VIEWS ON THE TRUMP began, I was under the impres- presented, I think, about four fo- ADMINISTRATION sion that I knew con law and that rums each semester, in the same All four professors quoted in “An this would be merely a refresher format described in her article: Election for the History Books?” course, for I had had three con two speakers taking opposite (Fall 2020 issue) offer the same law classes in college, and two in sides of a specific question, with apocalyptic, negative views of the graduate school. Unlike Professor a moderator, usually from the Trump administration found in Sullivan, who came to Professor university faculty. As mentioned, most of the media. There are some Tribe’s class with some feel for we were able to attract prominent opposing views out there, also ex- how magical his class would be, I speakers.