April 2008 Jurisprudence? Hearings Across the U.S
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a p r i l 2 0 0 8 Harvard Law Today New Public Service Initiative launched 3 Access granted HLS to cover third-year tuition for those who pledge five years’ service Future HLS students who commit to work in public service for five years after graduation will get their final year of tuition free, thanks to a new program at the law school. The Public Service Initiative, which provides a roughly $40,000-plus grant, will operate in addition to the law school’s current loan repayment program—the most generous in the nation. “I want all of our students to have The program, unprecedented in legal the ability to make public service their education, will cost the law school an es- th first choice after law school,” said Dean timated $3 million annually for the next r O Elena Kagan ’86, who announced the five years. The actual cost will depend w ns r program during a three-day Celebration on the number of students who take ad- A of Public Interest (see story, p. 4). “We vantage of the offer. The announcement f have tried in many ways to make this received prominent coverage by The phil choice easier, particularly for students New York Times, The Washington Post PUBLIC SERVICE REUNION: Michigan Gov. Jennifer Granholm ’87 and who have accumulated significant debt and other national news media. her husband, Daniel Mulhern ’86, were on hand for the public interest reunion in in college and law school.” Students who take advantage >>7 March, when Dean Kagan announced the new 3L tuition initiative. SCOTUS SIGHTINGS Sunstein, Alstott and Klarman join faculty Justice Kennedy Elhauge book forum Three stars come to Harvard Law swings by for a visit brings Breyer to HLS ceLebraTes 20 years on JurisT Joins experTs for courT wiTH cLassroom conference on sTaTuTory visiT, Q&a wiTH sTudenTs ambiguiTy ssociate justice An- ourteen leading legal thony M. Kennedy ’61 of the scholars—including U.S. Su- aU.S. Supreme Court came fpreme Court Justice Stephen to HLS in March for a two-day cel- Breyer ’64—discussed how judges ebration of the 20th anniversary of should interpret ambiguous stat- his appointment to the Court. utes, at an HLS conference occa- On March 10, sioned by the pub- Kennedy and his lication of a new wife, Mary, were the book by Professor Legal scholar and political theorist Cass R. Sunstein guests of honor at a Einer Elhauge ’86, ’78, tax law and social welfare expert Anne Alstott, and dinner in Langdell “Statutory Default constitutional law and history expert Michael J. Klarman Hall’s Caspersen Room, attended Rules: How to Interpret Unclear will join the HLS faculty as tenured professors in the by a number of alumni, students, Legislation” (Harvard University fall. The appointments bring the number of faculty to 95, and faculty members, including Press, 2008). three of his former law clerks: Al- In the book, Elhauge offers a the largest in the school’s history. >> Story on page 5 len Ferrell ’95, Jack Goldsmith and fresh approach to interpretive Matthew Stephenson ’03. >>6 challenges: Judges should >>6 Harvard Law Today Nonprofit Org. INSIDE Harvard Law School U.S. Postage 125 Mount Auburn Street PAID Boston, MA 2 FCC road show comes to HLS Cambridge, MA 02138 Permit No. 54112 4 The 700 Club ... and counting 5 An intellecta-trifecta! 6 Providing legal firepower 7 Two chairmen, one chairwoman 8 Learn, earn and return 2 CAMPUS BRIEFS FCC comes to HLS Writing honors for Goldsmith Harvard Law Review number one for hearing on scribes–The american society The Harvard Law review garnered top ranking in Internet openness of Legal writers awarded national Jurist magazine’s list of the 100 best law an honorable mention to reviews. seven other HLs student-edited journals Berkman Center convenes meeting to professor Jack goldsmith’s were listed in the top 100: the civil rights-civil explore file-sharing policies book “who controls the Liberties Law review, Journal of Law & Technology, internet?: illusions of a international Law Journal, Journal on Legislation, hether internet service borderless world.” in the Journal of Law & public policy, environmental Law providers deliberately blocked users book, goldsmith and co- review and negotiation Law review. wfrom sharing files online was the topic author Tim wu ’98 argue that national governments of discussion at HLS in late February as the U.S. will continue to maintain their sovereignty in spite of New dean for development Federal Communications Commission gathered on the globalizing influence of the internet since campus for a daylong hearing. e-business giants such as google need government steve oliveira joined HLs In a packed Ames Courtroom, the FCC’s five support to function. goldsmith was also recognized as associate dean for commissioners heard from representatives of for exemplary legal writing by green bag, a quarterly development and alumni Comcast and Verizon about their network manage- journal devoted to exceptional legal writing, for his relations. He most recently ment practices, as well as from scholars and small- 2007 book, “The Terror presidency: Law and Judgment led a successful campaign, business owners who urged more freedom on the inside the bush administration.” raising more than $447 Internet. million, as associate dean “It is critical that the commission remain vigilant A measure of scholarly impact for external affairs at the in protecting consumers’ access to content on the wharton school at the university of pennsylvania. He statistics released by the has also held senior development positions at brown FCC Commissioners social science research university and the university of virginia. oliveira has Michael Copps, Kevin network show that the works an undergraduate degree from brown and a J.d. from Martin ‘93 and Jonathan of professor Lucian bebchuk suffolk university Law school. He succeeds richard Adelstein in Ames LL.m. ’80 s.J.d. ’84 were boardman who has been leading the law school’s Courtroom downloaded more than those development and alumni relations effort for the past of any other law professor two years. in 2007. counted among the top 100 most downloaded legal scholars were HLs Warren testifies th r professors allen ferrell ’95, Louis Kaplow ’81, reinier O w Kraakman, mark roe ’75 and steven shavell; visiting on march 13, HLs professor ns r A professor Jonathan Zittrain ’95; and senior research elizabeth warren testified f fellow alma cohen. before the House financial phil services subcommittee on Leading the Asian Exchange Congress financial institutions and Internet,” said FCC Chairman Kevin Martin ’93. consumer credit, in a hearing “The commission is ready, willing and able to step professor allen ferrell ’95 on the credit cardholders’ in, if necessary, to correct any practices that are served as chairman of the bill of rights. Two of her ongoing today.” inaugural asian exchange former students, adam Levitin ’05, associate professor Martin called on service providers to be more congress in november. at at georgetown university Law center, and Katherine open about policies that might interfere with users’ the two-day conference porter ’01, associate professor at the university ability to access legal content online. He said the in singapore, ferrell gave of iowa college of Law, also testified as experts, as goal of the hearing was to determine which network a group of international did gregory baer ’87, deputy general counsel of bank management policies are reasonable. business leaders an overview of america. HLS Professor Yochai Benkler ’94 told panelists of the issues facing asian exchanges. ferrell is that the Internet is the primary source for modern affiliated with the John m. olin center for Law, In Jeopardy! innovation and urged complete and open access. economics, and business and is an expert on securities Competition is a key element in achieving broad- law and corporate governance. This winter, two HLs students band infrastructure that expands access, he said. and an HLs husband were David Cohen, executive vice president of Comcast contestants on the quiz show Corp., responded to charges that his company has Jeopardy! emily ullman blocked content, explaining why Comcast does not HARVARD LAW TODAY ’09 appeared on the Jan. allow some users to upload files during periods of assistant dean for editorial office 18 show and took home a heavy network activity. communications Harvard Law Today Michael Armini 125 Mount Auburn St. second-place finish. arianna “Use of the network is not permitted that would executive editor Cambridge, MA 02138 Kelly ’08 was a third-place degrade the experience of other users on the Robb London ’86 617-495-3118 [email protected] finisher on the Jan. 30 show. and dan pawson, chicago network,” Cohen explained. “There is nothing editor send change of address to Christine Perkins Alumni Records Law grad and husband of andrea saenz ’08, was a wrong with network management.” managing editor 125 Mount Auburn St. Jeopardy! superchampion after winning nine games The Berkman Center for Internet & Society Linda Grant Cambridge, MA 02138 design director [email protected] and collecting more than $170,000. on ullman’s show, offered to host this historic hearing after Rep. Ronn Campisi Volume 7 Number 3 under the category “13-letter words,” was the answer Edward Markey (D-Mass.), a key player in the “Net contributors Harvard Law Today is published Emily Dupraz, Stephanie by Harvard Law School “on completing law school you’re likely to receive a neutrality” movement for more openness of the Ehresman, Emily Newburger, Lia © 2008 by the President and J.d., a doctor of this degree.” correct question: what is Internet, pressed the commission to hold a series of Oppedisano, Lori Ann Saslav Fellows of Harvard College harvard law today april 2008 jurisprudence? hearings across the U.S.