Harvard Law Today july 2008 july “ So you want to be a law professor … ” page 3

New training for future professors HLS adds resources for aspiring academics

By Seth Stern ’01 hen pamela foohey ’08 THE GOAL is to make wanted to discuss a potential sure anyone who wants Wcareer as a law professor, she to consider this as a knew just where to turn. job opportunity can She sat down with Akiba Covitz, who, have it as an option.” as director of ’s Office of Academic Affairs, is offering Akiba Covitz advice to students and alumni interested in legal academia. in the number of law professors it has Foohey also is among the first batch produced. But the goal, says Professor

JON CHASE/HARVARD NEWS OFFICE NEWS JON CHASE/HARVARD of fellows in a post-graduate research Daryl Levinson, who is heading the OUT WITH A BANG! “You’ve shown that you know program at HLS that gives recent effort, is to make sure there’s more you can use law to make a difference—a positive and an graduates access to the law library and structure in place to help those who online databases they need to pursue want to follow in their footsteps. enduring difference in people’s lives, and that you want to scholarship. Levinson and Covitz have held take the opportunities offered to do so. ... I count on you to It’s all part of the school’s effort to ease information sessions for students and go out and do great deeds in other communities across this the path for students and alumni who alumni—and even created a video nation and around this world.” —Dean Elena Kagan ’86, June want to become law professors. (“So You Want to Be a Law Professor”) 5 commencement remarks. ,graduation coverage on page 8. Harvard Law already leads the nation available online that serves >>5

Palfrey and SCOTUS SIGHTINGS tYes, that was Antonin Zittrain accept Scalia strolling through the tenured appointments Harvard Law School campus on an April Saturday, along Six others also join the faculty with veteran CBS News re- porter Lesley Stahl (left). The John Palfrey ’01, a director of the Berkman Center justice, a 1960 graduate of the for Internet & Society, and Jonathan Zittrain ’95, school, came to campus to one of the world’s leading experts on the legal film a profile for the program policy issues surrounding the Internet, have “60 Minutes.” He was accom-

ASIA KEPKA accepted offers to join the tenured faculty at HLS. panied by his wife, Maureen Both will serve as faculty co-directors of the (right), whom he met when Berkman Center, and Palfrey will serve as vice he was a law student and she dean of library and information resources. was a Radcliffe undergrad. Their appointments follow on the heels of three Stahl and her crew filmed the other tenure hires earlier this year: Cass Sunstein interview with the Scalias as ’78, Michael Klarman and Anne Alstott. they ambled in front of Austin In addition to the new tenured professors, six Hall, and also in the offices other scholars will join the full time faculty: of the Professor of Practice Ashish Nanda; Assistant on the third floor of Gannett Professors of Law I. Glenn Cohen ’03, Benjamin House. As he contemplated Roin ’05 and Benjamin Sachs; and Clinical Profes- the narrow staircase, Scalia,

JOSHUA PAUL JOSHUA sors Wendy Jacobs ’81 and Phillip Malone. >>4 who was on the law review 48 years ago, said: “Still no

AARON TOMLINSON AARON elevator.”

Harvard Law Today Nonprofit Org. INSIDE Harvard Law School U.S. Postage 125 Mount Auburn Street PAID , MA 2 Band of Brothers Cambridge, MA 02138 Permit No. 54112 4 “You’re hired!” 5 Eyewitnesses to power 6 Heading out, checking in 8 Commencement album ’08

HLT_june08_09.bcg.indd 1 7/2/08 3:45:25 PM 2 CAMPUS BRIEFS HLS student veterans share their Iraq New academicians of the arts and sciences experiences HLS Professors William J. Stuntz and Elizabeth Warren were t a standing-room-only event in elected to the American Academy of Arts & Sciences, one of the Austin Hall this spring, five Harvard Law ASchool students who served or are currently nation’s oldest and most prestigious scholarly societies. Stuntz, serving in the U.S. Armed Forces spoke about their who writes about criminal justice issues, is currently working experiences in Iraq. Panelists Robert Merrill ’08, Geoff on “Fighting Crime,” a book about crime, punishment and Orazem ’09, Hagan Scotten ’10, Erik Swabb ’09 and policing trends in the U.S. and Iraq. Warren, Kurt White ’10 drew upon their varied military posts to explain what it is like to serve as junior officers in author of “The Two-Income Trap: Why Middle- Iraq. Class Mothers and Fathers Are Going Broke,” is In a panel discussion moderated by Professor Noah working on an empirical study of families in economic distress, Feldman, the students spoke about working with the along with a proposal for Congress to institute safety standards Iraqi people to secure towns; offering help to those whose homes were destroyed in the war; maintaining for consumer credit products. The HLS professors, along with relationships with local clerics and political leaders; Stanford Law Vice Dean Mark Kelman ’76 and NYU Law Professor and taking captured prisoners to Abu Ghraib. In Rick Pildes ’83, will be inducted into the academy in October. all of these tasks, the veterans agreed, their greatest challenge was trying to have positive interactions with the Iraqi populace while protecting themselves and their fellow soldiers. Robert Zoellick receives HLSA Award Most influential “It was hard to teach soldiers who are always trained to fight to leave base with the expectation that President of the World Bank Group In May, The National Law Journal named Professor you’re going to be shot at … but to also interact with Robert Zoellick ’81 was presented with Charles Ogletree ’78 one of the 50 most influential the populace in a way that brings about trust,” said the Harvard Law School Association minority lawyers in America. The founder and White, who served as a staff officer and platoon leader Award at a ceremony at HLS in April. executive director of the Charles in the cavalry. “I’m not sure I ever convinced my

PHIL FARNSWORTH More than 100 students packed into a Hamilton Houston Institute for Race soldiers … that this was philosophically correct, but I room in Pound Hall to hear Zoellick field questions on and Justice, he is cited for being think it became pretty obvious that if people were not subjects ranging from international efforts to combat “a major voice for equal justice for treated well, then they would go get a gun and they climate change to the World Trade Organization’s everyone.” Thirteen HLS alumni would come back and shoot at us next time.” 2001 agreements at Doha, Qatar. Zoellick was named were also named to the list: Preeta Bansal ’89, Peter Scotten, who served in the Special Forces, was the 11th president of the World Bank Group in 2007. C.B. Bynoe ’76, Roel Campos ’79, Morgan Chu ’76, R. assigned to train over 400 new recruits for the Iraqi Ted Cruz ’95, John Daniels ’74, Christopher Edley Jr. army. Not only was language a barrier, he said, but William Coleman at HLS ’78, Sergio Galvis ’83, Arturo Gonzalez ’85, Conrad convincing recruits to accept the “rules of the game” Harper ’65, Ronald Machen ’94, John Payton ’77, and was a big challenge. He recalled attempting to explain William T. Coleman Jr. ’43, co-author Theodore V. Wells Jr. ’76. why executing anyone—civilian or otherwise—who of the Brown v. Board of Education seems to pose a threat is a violation of human rights. appellants’ brief and former secretary Elizabeth Edwards at HLS Scotten explained that the average Iraqi who is just of Transportation, was the guest trying to survive is more concerned with his or her speaker on April 11 for a lecture series Attorney and author Elizabeth immediate safety, not lofty ideals like democracy or sponsored by the Charles Hamilton Houston Institute Edwards was the guest speaker at an human rights. for Race and Justice. Coleman joined Professor Charles HLS American Constitution Society “We used to say there are only two groups of true Ogletree ’78 for a conversation on race, his life and event on April 9. Edwards, a visiting believers in Iraq: the Americans and Al Qaeda,” said career, and Houston’s legacy. Coleman also spoke April fellow at Harvard’s Institute of Scotten. ø 12 at the Harvard Law Review’s annual banquet. He Politics at the Kennedy School this spring, answered was the third African-American, after Houston ’22 and questions from HLS students on topics ranging from William Hastie ’30 S.J.D. ’33, to serve on the Review. health care policy to the influence of the media on American politics. She is the wife of former Democratic ROBB LONDON ROBB presidential candidate John Edwards and mother of Cate Edwards ’09. HARVARD LAW TODAY

Assistant Dean for Editorial Office Chapter of the Year Communications Harvard Law Today Michael Armini 125 Mount Auburn St. Executive Editor Cambridge, MA 02138 Harvard’s Black Law Students Association was Robb London ’86 617-495-3118 [email protected] recently named Chapter of the Year by the National Editor Christine Perkins Send change of address to Alumni Records Black Law Students Association. Judged most Managing Editor 125 Mount Auburn St. dedicated to its members’ academic, professional Linda Grant Cambridge, MA 02138 (Bottom row, from left) Erik [email protected] and political development, the HLS association has Design Director Swabb ’09, Robert Merrill Ronn Campisi Volume 7 Number 4 sponsored more than 150 programs this year, including Contributors Harvard Law Today is published ’08, Kurt White ’10 Emily Dupraz, Stephanie by Harvard Law School an Africa summit trip to Tanzania. With nearly 150 (Top row) Hagan Scotten Ehresman ’10, Emily Newburger, © 2008 by the President and members, Harvard’s BLSA is the largest black law ’10, Geoff Orazem ’09 Lia Oppedisano, Lori Ann Saslav Fellows of Harvard College

harvard law today july 2008 july today law harvard student chapter in the nation.

HLT_june08_09.bcg.indd 2 6/30/08 11:48:28 AM 3

of its graduates in teaching than any days, being a straight-A law student is other school—yes, including Yale—and neither necessary nor sufficient for get- in recent years, Harvard J.D.s have ac- ting a teaching job. There are many HLS counted for 15 to 20 percent of all hires. I grads who did just OK in law school who think that any HLS grad who is serious get first-tier teaching jobs based on their about an academic career and has done potential as scholars and teachers. the basic things necessary to prepare for Two more big (and related) changes: the teaching market—securing one or An increasing number of entry-level FACULTY Q&A two faculty recommenders, writing at professors have graduate training in least one scholarly paper, and develop- an allied field. About 25 percent of ing some familiarity with the scholarly entry-level hires these days come with Getting literature in the field she wants to teach Ph.D.s in economics, history, political and write in—can expect to land a good science, philosophy and the like. And on teaching job. a rapidly increasing number have completed a post-graduate fellowship track How important is scholarship relative to program before going on the market. teaching experience? HLS now offers numerous fellowship Well, most people who get jobs as pro- opportunities geared toward graduates fessors don’t have any law school teach- interested in teaching. ing experience. Interviews and the job talk presentation, where a candidate You sparked some controversy on presents a scholarly work in progress blogs with your comments to a group to the faculty and then takes questions, of HLS students about law professors’ are used to assess whether candidates professional experience. What did you will be successful in the classroom. Even mean? someone who looks like she’ll be a won- The controversy was really off to the derful teacher will not get a tenure-track side of the advice I was giving students. job if she demonstrates no promise as a Lawyers and academics perpetually scholar, however. Teaching is important, debate where law schools should posi- but scholarship is the sine qua non of tion themselves between the world of academic hiring. practice and the university, and people’s view of this debate inevitably informs

ASIA KEPKA Have the qualifications changed? their preferred approach to faculty Yes, a lot, over the past 25 years or so. hiring. Should law schools be looking Daryl Levinson, the Fessenden Professor of Law, joined It used to be that people were hired to primarily for experienced lawyers who the Harvard Law School faculty in 2005. He teaches teach primarily based on how success- can provide skills training to students, ful they were as law students, based or should they be selecting scholars first and writes primarily about constitutional law and on grades, law review membership, and foremost? theory. He has been tasked by Dean Elena Kagan clerkships with prestigious judges and I wasn’t taking any position in that the like. Those kinds of credentials still debate. I was simply describing the ’86 with helping students and alumni who want to matter, but they’re much less important world of law schools and academic become law professors. than they used to be. As law schools hiring as it now exists—for better or have become more focused on scholar- for worse. It’s undeniable that law ship, and particularly on interdisciplin- schools over the past 25 years have Is it ever too late to consider switching to to legal scholarship and teaching, think- ary forms of scholarship, they have moved further from practice and closer legal academia? ing like a practitioner can sometimes be- figured out that the traditional indicia of to the university, with all the effects on No, never too late; though it may get come a barrier to thinking like a scholar. law school success aren’t very good pre- faculty hiring that I’ve been describing. harder the longer you wait. Most people I think these challenges explain why dictors of scholarly ability (or teaching But even—or perhaps especially—an who become law professors aren’t sure very few people hired as law professors ability, for that matter). Better proxies accurate description of what law schools they want to be academics until after have been out of law school more than for scholarly talent—most important, the are looking for is going to provoke they get their law degrees, and many 10 or 15 years, but HLS is trying to think quality and promise of the scholarship those who think law schools ought to be come to academia after some years— creatively about helping experienced that candidates have already written— looking for something different. Maybe sometimes many years—in practice. practitioners overcome them. For have become more important. Nowa- they should be! ø There are advantages and disadvantages instance, we’ve created a new visiting to waiting. On the one hand, law schools assistant professor position, aimed at value the experience and expertise of people with substantial legal experience Levinson wins Sacks-Freund Award high-level practitioners. On the other (at least three years beyond clerking) hand, people who have been out of law who want to give academia a try. The Class of 2008 selected Professor Daryl Levinson as the recipient of the school for a number of years are going prestigious Sacks-Freund Teaching Award for his excellence in teaching and to face some challenges in making the How long are the odds for alumni contributions to student life at HLS. transition. Maintaining connections to becoming law professors? “Winning this award means more to me than anything that has happened … in faculty recommenders is crucial, but At first glance, the numbers look daunt- my professional life,” said Levinson. Instead of giving the graduating class advice, more difficult as the years go by. Practic- ing. There might be as many as 1,000 which he said he is completely unqualified to give since he is merely a “humble ing lawyers tend not to have lots of spare applicants for entry-level teaching jobs teacher,” he offered a humorous outline of “10 ideas that explain virtually all of time to keep up with scholarship or each year, and maybe 150 of those will law.” work on their own articles. And as much get jobs. But for Harvard graduates, the For a webcast of the speech, go to www.law.harvard.edu/news/levinson.php.

as practical experience can be enriching odds are a lot better. HLS places more 2008 july today law harvard

HLT_june08_09.bcg.indd 3 6/27/08 12:47:46 PM 4

APPOINTMENTS ROUNDUP

New hires bridge academia WENDY JACOBS ’81 16th in the nation CLINICAL PROFESSOR OF LAW during her tenure. and practice Earlier, she worked After serving as a partner at Foley as an appellate Jacobs, Nanda, Malone join full-time faculty Hoag in Boston for 17 years, Jacobs lawyer and special came to HLS in 2007 as director of the litigator in the three of Environmental Law and Policy Clinic. environmental Harvard Law School’s newest faculty At Foley Hoag, she worked almost division of the U.S. Department of appointments will bring additional strength to the exclusively on environmental matters, Justice. school’s clinical offerings and also to its expertise on covering a variety of issues, and she In addition to her J.D., she holds led the firm’s pro program, which a B.A. from the University of management in the legal profession. was ranked first in the Boston area and Massachusetts, Amherst.

ASHISH NANDA “Professional PROFESSOR OF PRACTICE Services: Text & Cases,” the first PHILLIP MALONE novation in the technology industry and Nanda, newly appointed as HLS’s first- casebook on pro- CLINICAL PROFESSOR OF LAW on evolving competition policy in the ever professor of practice, has been an fessional service computer industry. Previously, he spent adjunct professor at the school, research firm management. A co-director of Harvard’s Berkman more than 20 years as a federal prosecu- director of the Program on the Legal Nanda has advised Center for Internet & Society’s Cyber- tor and attorney with the antitrust divi- Profession, and faculty chair of the HLS law and professional service firms on a law Clinic since 2004, sion of the U.S. Department of Justice, Executive Education program. variety of management issues and was Malone came to the where he was the lead career counsel He was a Harvard Business School an executive with India’s Tata Group be- law school in 2001 as a in the the government’s antitrust case professor for 13 years, receiving the Hen- fore coming to Harvard. Victor H. Kramer Fel- against Microsoft. ry B. Arthur and Center in Ethics and He holds an A.M. in economics from low. His research then He holds a J.D. from the University the Professions fellowships. With HBS Harvard and a Ph.D. in business eco- focused on encourag- of Arizona College of Law and an A.B. Professor Tom DeLong, he co-wrote nomics from Harvard Business School. ing and preserving in- from Harvard College.

Palfrey, Zittrain continued from page 1 New in the library

Zittrain is currently the ficial intelligence. professor of Internet gov- Executive director of the Palfrey, Zittrain focus on “IN THE ARC from the Apple ernance and regulation at Berkman Center, and for- different digital “crossroads” II to the iPhone, we learn Oxford University. A pio- merly a clinical professor something important about neer in the field of cyberlaw, of law, Palfrey is charged “WE ARE AT A CROSSROADS. There are two where the Internet has been, he co-founded the Berkman with expanding the HLS possible paths before us—one in which we and something more important Center in 1998 and will now library’s reach and services destroy what is great about the Internet and about where it is going. The PC serve as one of its faculty co- through digital innovation. about how young people use revolution was launched with directors. He will work to expand on- it, and one in which we make PCs that invited innovation The author of the new line access to the resources smart choices and head toward by others. So too with the Internet. Both were book “The Future of the of the library—the most a bright future in a digital age. generative: they were designed to accept any Internet—And How to Stop comprehensive collection of The stakes of our actions today contribution that followed a basic set of rules ... It,” Zittrain connects theory university-maintained legal are very high. The choices Both overwhelmed their respective proprietary, to experimentation and resource materials in the that we are making now will non-generative competitors, such as the building tools for and on the world. govern how our children and makers of stand-alone word processors and Internet. He is also a co- Palfrey will remain a grandchildren live their lives proprietary online services like CompuServe editor, with Palfrey, of “Ac- faculty c0-director of the in many important ways: how and AOL. But the future unfolding right now is cess Denied: The Practice Berkman Center. He is co- they shape their identities, very different from this past. The future is not and Policy of Global Inter- author of the forthcoming protect their privacy, and keep themselves safe; one of generative PCs attached to a generative net Filtering,” which docu- “Born Digital: Understand- how they create, understand, and shape the network. It is instead one of sterile appliances ments censorship around ing the First Generation of information that underlies the decision-making tethered to a network of control. These the world. He pioneered Digital Natives.” He is a co- of their generation; and how they learn, appliances take the innovations already created the first large-scale tests of principal investigator on the innovate. And take responsibility as citizens. by Internet users and package them neatly Internet filtering in China OpenNet Initiative and was On one of these paths, we seek to constrain and compellingly, which is good—but only if and Saudi Arabia, as part recently a visiting professor their creativity, self-expression, and innovation the Internet and PC can remain sufficiently of what would become the at the University of St. Gal- in public and private spheres; on the other, we central in the digital ecosystem to compete with OpenNet Initiative. len, Switzerland. embrace these things while minimizing the locked-down appliances and facilitate the next In addition to his J.D., In addition to his J.D., dangers that come with the new era.” round of innovations.” Zittrain holds an M.P.A. Palfrey holds an A.B. from —John Palfrey and Urs Gasser, “Born Digital: —Jonathan Zittrain, “The Future of the Internet— from the Harvard Kennedy Harvard and an M.Phil. Understanding the First Generation of Digital And How To Stop It” ( Press, School and a B.S. from Yale from the University of Cam- Natives” (Basic Books, 2008) 2008) ø harvard law today july 2008 july today law harvard in cognitive science and arti- bridge.

HLT_june08_09.r1.indd 4 6/30/08 2:52:36 PM 5

REUNION PERSPECTIVES

Alumni representing five HLS classes gathered on the law school public service at the Harvard Kennedy campus at a reunion weekend in School. BROWN: We need a “G.I. The leaders who ran the country May. Panel discussions and lectures Bill for the 21st by distinguished alums marked the from 1960 to 1992 were young men century.“ occasion. Here are some highlights: during World War II and part of a generation whose political differences were transcended by a sense of common sacrifice, Gergen said. Recent Gergen views ’08 candidates leaders like Bill Clinton, , Dick through generational filter Cheney and George Bush, he added, are part of a generation that came of his year’s presidential contest is “the age during a time of rebellion in the most fascinating race here in this country in a ’60s and ’70s, which brought about Thalf century,” keynote speaker David Gergen ’67 tremendous change, but which also told a reunion audience. fractured that generation, particularly “Whoever gets elected, there is an appreciation now around the issue of war service. CAMPBELL RUSS that we are breaking down the barriers to race and “The generation that has come since then doesn’t AmeriCorps. ethnicity and gender in terms of who can succeed,” have all those old scars,” Gergen said. “I think a lot “It was really during our time here … that we said Gergen, who served as an adviser to four U.S. of the divisions we had during the ’60s and ’70s, we committed to the concept of doing everything to bring presidents (Nixon, Ford, Reagan and Clinton) and is brought to Washington, and that has deepened the about the day when the most commonly asked question now a senior political analyst for CNN and professor of polarization—greatly. I think one of the things Barack of an 18-year-old would be, ‘Where will you do your [Obama ’91] represents is he is post service year?’” said Brown. that generation. He doesn’t have any After earning his law degree, Brown turned down a of those hang-ups of that generation. clerkship with then U.S. Circuit Judge Stephen Breyer And, strikingly, John McCain is prior ’64 to start City Year with Khazei. The program took off to that generation.” when Bill Clinton, who was still governor of Arkansas and a presidential candidate, visited the organization’s Brown urges others to Boston location. That visit inspired Clinton to form support national service AmeriCorps during his first year as president, as a way programs to fund City Year and other national service programs. Calling for a “G.I. Bill for the 21st century,” Brown n another reunion event, said he wants national service to stand alongside GERGEN: ”There is an Michael Brown ’88 said his military service, and he urged the audience to push for appreciation that Iand Alan Khazei’s (’87) time at national and international service programs, saying we are breaking HLS inspired them to found City service has the power to unite the country and provide down barriers.” Year, a successful national service opportunities for the U.S. to repair international ø GUSTAV FREEDMAN GUSTAV program that led to the formation of relationships.

Teaching Teachers Brett Dakin ’03, an associate at Cleary That’s why HLS has developed a HLS have gone through a fellowship continued from page 1 Gottlieb Steen & Hamilton, is on a series of new research fellowships aimed program. “It’s almost mandatory, similar path. He recently accepted an at giving alumni the time and tools especially if you do not have a Ph.D.,” as an orientation for those mulling that offer to begin a research fellowship at they need to produce legal scholarship. Levinson said. direction. Columbia in September. The fellowships give 30 recent alumni The school is also offering new “The goal is to make sure anyone Foohey says Covitz helped her plot who are starting clerkships or legal visiting assistant professorships for who wants to consider this as a job a road map for after she graduates and practice access to the library and online candidates with significant practice opportunity can have it as an option,” begins a clerkship with the Delaware databases. experience who haven’t had the Covitz said. Bankruptcy Court. She hopes to become “It’s a great way to go out into the opportunity to research and write Much of their counseling is a law professor with a focus on the inter- working world without having to worry scholarly articles. ø individualized. Since taking up his new action of bankruptcy and family law. about access to the tools you need to role in January, Covitz has counseled Covitz helps prospective law continue research you started in law everyone from current students to professors understand the process and school,” said Foohey. Law teaching alumni who graduated years ago and think about which Harvard Law faculty Harvard is also offering an ever- Several fellowships for aspiring law may now be in the Foreign Service or on members might serve as references. He growing variety of residential professors are available at Harvard the cusp of partnership at law firms. emphasizes that producing scholarship fellowships. The Climenko Fellowships, Law School. For a list and more Carrie Griffin Basas ’02 turned has become the key to getting hired. for example, enable recipients to teach information, go to www.law.harvard. to Covitz for advice this year as she “The key driver in getting academic jobs first-year law students and also focus on edu/academics/fellowships. For prepared to enter the legal academic is your writing,” said Covitz. He said research and writing. more information about teaching job market for the first time. He offered candidates are expected to have “a really Residential fellowships have become opportunities, go to http://internal. suggestions about how to handle good article in significant draft” and a an increasingly important springboard law.harvard.edu/ocs/Teaching/ interviews and offers. She got a job at “tight research agenda” that lays out into legal teaching, says Levinson, who index.htm.

the University of Tulsa College of Law. their future scholarly plans. noted that half of the people hired at 2008 july today law harvard

HLT_june08_09.r1.indd 5 6/27/08 12:54:14 PM 6 Exit interview They took different paths to get here and are headed in different directions as they leave. Here, a look at six

ROBERT MERRILL JEAN MARGARET FLANNERY NEFERTITI JOHNSON BRANDON WEISS judge advocate associate clerk skadden fellow captain, united states marine corps skadden arps u.s. district judge george b. daniels public counsel twentynine palms – london southern district of new york los angeles

In November 2004, Robert Merrill was Analyzing a prospective borrower’s Nefertiti Johnson grew up in Jamaica, Ever since elementary school, when he on the front lines of the biggest, bloodiest securities filing convinced Jean Flannery Queens, N.Y., the fifth of six children, first helped organize lunches for the battle of the Iraq War. Part of the first she wanted to be a corporate lawyer. “I in a neighborhood she says is known hungry in Los Angeles, Brandon Weiss has wave of Marines to invade Fallujah, he loved it,” says Flannery of the due diligence as “Pov City.” Her family instilled the been drawn to the plight of the homeless. was second in command of a company work she did during her 1L summer. “It was importance of learning, but it was through At Stanford, he joined a night outreach of 160 Marines and more than 200 Iraqi taking this very complex document—like dance that she discovered the path to program that brought food and supplies soldiers in an intense house-to-house fight gibberish—and breaking it down and higher education. From the age of 10, to that population in San Francisco, and to clear the city of insurgents. (He later understanding what was beneath it.” By the Johnson danced with the Marie Brooks he edited Street Forum, a newspaper on took full command when his company time she took Corporations in her 2L year, Pan Caribbean Dance Company in New homelessness and poverty. “I believe we’re commander was wounded.) The first two she knew she had found her calling. It was York, performing liturgical, African and all responsible for the conditions of our weeks were dirty, exhausting, chaotic and a shift from the academic path she thought Caribbean dance—in a trajectory that took neighbors,” he says. He chose HLS hoping stressful—eight hours of peace would she was on when she graduated from her to Grenada, Martinique and Ghana, to become an advocate for the homeless alternate with four hours of mass West Africa. In 1996 she performed at and soon broadened his focus to affordable chaos. The third week brought some the Olympic Games. She was awarded a housing policy. “I realized there’s a much stability and news of his acceptance to dance scholarship to New York University larger constituency teetering on the and, after graduating in 2004, decided to pursue law. She doubted she could get into Harvard, and when she did, she

Harvard College in 2004 and enrolled in the London School of Economics. She wrote her dissertation there on “The Harvard Law School. He remembers joking, Role of Philia in the Life of Aristotle’s “This means I’m going to die.” By the time Excellent Man.” But Flannery, whose edge of homelessness,” he says. He he left Iraq in February 2005, 50 men in father is a political theory professor, enrolled in a joint-degree program at his unit had been killed and many more came to realize that an academic career was apprehensive about being able to fit the Kennedy School—where he has taken were left wounded. Merrill, who joined the at that juncture wouldn’t satisfy her, and in. She says the socialization process was classes from experts at the top levels Marines in June 2001, when he graduated she decided to pursue law—her mother’s rigorous (“learn how to walk the walk, at the Federal Housing Administration from the University of Chicago, came to profession. She spent her 2L summer at talk the talk”), and she worries whether and the U.S. Department of Housing and HLS with the goal of becoming a military Skadden Arps in London and says the she’ll still be able to connect with people Urban Development. HLS’s public interest criminal defense lawyer. His criminal law firm’s global perspective—with global from her background. But, she says, it’s program and the resources it dedicates to classes, and his legal internships on a deals, questions of international law and also “an amazing opportunity to serve as a public service work, he says, far exceeded North Carolina military base and as special collaboration with European colleagues— go-between, between worlds that almost his expectations. He was a fellow at Greater assistant to the counsel to the commandant perfectly aligned with what she hopes never intersect in a positive way.” Classes Boston Legal Services, an advocate on a of the Marine Corps, prepared him well to to do. She expected law school to be at HLS that addressed race and class tenant advocacy project, an intern at the be a judge advocate, he says. He especially competitive but found it to be collegial. She resonated deeply with her. In a Poverty National Law Center on Homelessness enjoyed the practical experience his knows there’s a divide between the theory Law class, she facilitated a discussion & Poverty and a summer associate in a criminal law clinical afforded, acting as and practice of corporate law (“It’s like between low-income students and others firm’s affordable housing and real estate lead defense counsel in criminal cases in reading about golf”), but, she says, HLS has who were initially uncomfortable talking practice groups. For the next two years, Dorchester and Roxbury district courts. He given her incredible mentors and a solid about their privilege. She believes the he will be working with a community hopes to return to HLS for an LL.M. degree. grounding in legal concepts—one of her exchange opened up relationships: “There development group helping tenants and As a combat veteran at HLS, Merrill says he favorite classes was a negotiation workshop are always unconscious biases. There are owners preserve affordable housing in Los felt his classmates often didn’t know how to with Clinical Professor Robert Bordone ’97. always unchecked assumptions. Putting Angeles, where a number of properties are react to his Iraq service. “They’ll either start What she didn’t expect was to make such those things on the table can really being converted to market-rate units as asking questions or they’ll be awkwardly great friends: “I can honestly say they’re the transform the lawyer and transform the federal funding contracts supplementing silent,” he says. For his part, he knows his best people I have ever met.” client.” After clerking for Judge George rents for low-income tenants expire. After Fallujah experience has changed him. “It Daniels, she will clerk for U.S. District his fellowship, he hopes to continue to work changes everyone—for better or for worse,” Judge Joseph Greenaway ’81 in New Jersey. with nonprofits or for the government on he says. “I would like to think it’s changed While her long-range plans are not settled, issues related to community development, me for the better. It’s much easier to keep she hopes to stay involved in the low- to help bring resources to areas that haven’t perspective on things. I don’t get stressed income community in volunteer grassroots traditionally had them.

harvard law today july 2008 july today law harvard out really by much of anything.” community legal education and counseling.

HLT_june08_09.bcg.indd 6 6/26/08 12:08:47 AM 7 Students participate in graduates in the Harvard Law School Class of 2008. historic apartheid litigation

DAVID MOSS RICHELIEU EDWIN LOMAX LL.M. n may, the U.S. Supreme Court ruled in a case which nearly 20 associate integrity officer Harvard Law School Human Rights Program clinical students have mckinsey & co. world bank new york city washington, d.c. Iworked on over the last three years. The students assisted with the case—American Isuzu Motors v. Ntsebeza—on behalf of a group of South African apartheid victims, who brought claims against more than 50 With a passion for problem solving, The story of Richelieu Edwin Lomax is a top multinational corporations for doing business with the apartheid David Moss is headed to a large global tale of survival against all odds. By age 7, regime. consultancy firm. It’s a world he’s familiar the Liberian boy had lost his father. Six The ruling was surprising: Four justices recused themselves, so the with, having worked as a hedge fund years later, after Liberia erupted in civil Court lacked a quorum to hear the appeal brought by the companies. As analyst at J.P. Morgan and as a trading war, he and his mother were displaced a result, the Court issued a summary order affirming the lower court associate at Banc of America—where, at to camps in the heart of rebel territory, ruling, which allowed the survivors of apartheid to bring suits against the age of 24, he was part of a small team facing malnutrition and the constant the corporations. investing more than $1 billion in hedge threat of execution. When he traveled to The lower court ruling from October 2007 held that survivors funds for the bank’s outsourced proprietary the front lines with a Nigerian major who of apartheid could bring claims against dozens of multinational trading platform. Moss applied to law had befriended him, they were ambushed corporations on an aiding and abetting theory. The suits allege that the school after working with a mentor who by forces loyal to then President Charles companies involved—including IBM, Citigroup, Credit Suisse, Hewlett- credited his distinctive edge in business to Taylor and spent six months in a Nigerian Packard, Bank of America, General Motors and DaimlerChrysler— legal training. A self-described “numbers knowingly aided the apartheid regime in its commission of human guy” (he earned a degree in finance rights violations, by providing financing, material and training to the from Indiana University in 2001), Moss government. The cases seek $400 billion in damages. says the transition to reading hundreds The plaintiffs include family members of those who were killed by the of pages of case law was a struggle. He South African apartheid regime. The case was brought under the Alien Tort Statute, a 1789 law that allows non-U.S. citizens to bring civil cases in U.S. courts for the violation of universal human rights norms. Human Rights Program Clinical Director Tyler Giannini and Clinical Litigation Fellow Nathan Ela ’07 supervised the students’ work on the case. HLS students involved were: Jillian Ashley ’07, Matthew Bugher ’09, Cori Crider ’06, Alexia De Vincentis ’09, Katherine Glenn ’09, Johnathan Jenkins ’08, José Klein ’08, Sarah Knuckey LL.M. ’06, Andrew McIntyre LL.M. ’08, Meghan Morris ’08, Yvonne Osirim ’07, Amanda PHOTOS BY GUSTAV FREEDMAN GUSTAV BY PHOTOS Perwin ’07, Sarah Rice ’07, Kelsey Shannon ’07, Weili Shaw ’09, Leigh hospital. The major became Lomax’s Sylvan ’09, Andrew Woods ’07 and David Zionts ’08. ø guardian, and the major’s wife took on the Herculean task of readying Lomax for a post-conflict life. He finished high school (earning first place in the was impressed by opportunities at HLS for state national exam) and supported himself Taking their acts on the road students to design their own law school through computer jobs before enrolling in Three HLS professors delivered commencement addresses at other experiences. During his 1L year, he helped the law program at the University of Jos. In institutions this spring. Professor Laurence Tribe ’66 spoke to New York develop a new student group, the Harvard 2005, he returned to Liberia, later landing University graduates at Yankee Stadium, and Professor Alan Dershowitz Association for Law and Business. By his 2L a job as a judicial system monitor for the was the keynote speaker for CUNY’s Baruch College graduates at year, he was president. Drawing on a large U.N.’s Mission in Liberia. Frustrated by the Madison Square Garden. Professor Charles Ogletree ’78 delivered the network of alumni business leaders, he lapses in his country’s legal system, Lomax commencement address at Lincoln University in Chester County, Pa. developed a speaker series and helped gain applied to HLS, believing an LL.M. would corporate sponsorship for the organization, give him a real chance to influence Liberia’s Lincoln University’s legacy is a clear lesson of struggle which now has 600 student members. legal profession. Now, as one of the few and progress, and let the nation count on you to move He says he’s going to miss the dialogue Liberian graduates of Harvard, he is amazed us forward.” CHARLES OGLETREE speaking to graduates about inspired by a classroom of people facing the to find himself part of a group that includes the importance of recognizing the historic legacy of famous Lincoln same challenge: “Where else will you be the country’s president, the president of graduates such as U.S. Supreme Court Justice Thurgood Marshall and exposed to so many different points of view Liberia’s bar, the solicitor general and Harry poet Langston Hughes. on a single issue?” Thinking about issues Varney Sherman LL.M. ’82, whom Lomax from different angles and recognizing the describes as “the best lawyer in Liberia.” Among my favorite sayings is one as true as it is trite. The breadth and validity of others’ arguments Since graduating, Lomax has become only things you can take with you are the things you have have also changed his approach to problem an integrity officer with the World Bank, given away.” LAURENCE TRIBE encouraging NYU graduates to solving, he says, making him more analytic. investigating corruption in bank-supported embrace community service. “I used to do more of the shoot from the projects around the world. His long-term hip, go with my gut,” he says. “I think dream is to return home to fight corruption Keep your pride, but without prejudice. Ethnicity without that’s appropriate at times. But in a lot of in the public sector. “Having the Harvard superiority. Heritage without hegemony. I believe situations, you’re better off sitting down, degree will give me a voice in Liberia that I’d it’s possible to keep and use pride positively without thinking through your alternatives.” never dreamed of having,” he says. “I must undercutting the pride of others.” ALAN DERSHOWITZ addressing use this opportunity to help my country.” CUNY graduates in May. harvard law today july 2008 july today law harvard

HLT_june08_09.bcg.indd 7 6/27/08 12:48:15 PM 8

CLASS DAY AND COMMENCEMENT HIGHLIGHTS In ceremonies held on June 4 and 5, the Harvard Law School Class of 2008 celebrated the end of one adventure and the beginning of many new ones.

In a June 5 diploma ceremony held on Holmes Field, Dean Elena Kagan ’86 told the Class of 2008 to “be proud of what you’ve become, do what you love, give back to others.” Kagan encouraged students to revel in the way their legal education has transformed their thinking. “You now see complexity where you once saw simplicity; you see grays rather than black and white. But this is to the good because the world is in fact complicated. And on many questions, only those who perceive it that way can make any real progress,” she said. She also urged students to use these habits of mind to throw themselves into whatever has the greatest prospect of giving meaning to, and providing satisfaction and excitement in, their lives. “Do not settle. You are too good to settle. You will always be Harvard Law graduates, and that means you never need fear falling too far,” she said. COMMENCEMENT PHOTOS BY GUSTAV FREEDMAN GUSTAV BY PHOTOS COMMENCEMENT

[L-R] HLS Professor Daryl Levinson, selected by students to receive the Sacks-Freund Award for excellence in teaching; Kathy Lovell, enrollment manager in the Registrar’s Office and winner of the Suzanne L. Richardson Staff Recognition Award; and Jay Hebert ’86, president of the HLSA at Class Day exercises JOSHUA TOUSTER JOSHUA

HLS Commencement by the numbers 766 degrees awarded 588 J.D. degrees awarded 168 LL.M. degrees awarded 10 S.J.D. degrees awarded 40 required pro bono hours to graduate “Dare every day to manifest your authenticity,” said Cory 503 average hours committed to Booker, the 36th mayor of Newark, N.J., in an address to pro bono work per student the graduating class on June 4. “Our highest calling is not 3,242 to emulate, but to look for truth inside ourselves and let it pro bono hours worked by Lam Ho ’08 emanate,” said Booker, who has worked to transform his 296,936 city by reducing crime and increasing economic opportunity. pro bono hours worked by Class Marshal Pascale Thomas ’08 introduced the mayor the Class of 2008 JOSHUA TOUSTER JOSHUA as someone who “represents a new generation of political 159 activists and leaders.” She described how Booker lived in a public housing project duration of commencement, in minutes and organized tenants to fight for improved conditions. In his address, Booker 61 high temperature in Cambridge spoke of ancestors—enslaved people and sweatshop laborers—who did not yield as on graduation day they chased after a vision. He asked, “Will we now stand in the gap between where 36,364 America is as a nation and where we must go in the future if we are ever able to fulfill HLS alumni worldwide the largest visions for ourselves?” harvard law today july 2008 july today law harvard

HLT_july page 8 revised.indd 8 6/30/08 5:00:00 PM