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INTERNATIONAL LAW: Indispensable to a 21st-century legal education
STATUTES AND REGULATIONS: Moree emphaphasisphaasis
The next version of the curriculum is here. It’s already changing the way today’s students prepare to become tomorrow’s lawyers.
MORE INTERDISCIPLINARY, MORE CLINICAL: A calendar full of new opportunities NEW PROGRAMS OF STUDY
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MORE for the complex challenges they will face most ambitious changes to the school’s INTERDISCIPLINARY, MORE CLINICAL: 7YWb[dZWh\kbb e\d[m effehjkd_j_[i NEW PROGRAMS OF STUDY as lawyers and leaders. What should we curriculum since Langdell. As you will \ehkff[h#b[l[b ijkZ[dji be teaching students, and at what stage in learn in these pages, the returns will their legal education will it be most helpful start in the first year. As part of that Volume 59 for them to learn it? foundational experience, students will be Number 1 Winter 2008 Four years ago, when introduced, much more comprehensively we embarked on a major than before, to statutory and regulatory curricular review at Harvard aspects of law as well as to its comparative Law School, our starting point and international dimensions. Just as assistant dean for communications was a curriculum that was important, they will focus on complex Michael Armini already the finest in the world. problem-solving—working in teams executive editor In the time since Christopher (not just as individuals) to address the Robb London ’86 Columbus Langdell laid down complicated amalgams of facts, law and senior editor Emily Newburger the blueprints in 1872, HLS had ethical issues that arise in the work of managing editor built upon and improved its today’s lawyers. Linda Grant curriculum on the foundations Building on these foundations, the class notes and in memoriam of his design, and had developed an array new curriculum will give students more editor Christine Perkins of course offerings unrivaled anywhere. guidance in their upper-year studies, editorial assistance Emily Dupraz, Amy Gutman The question for us, really, was how to so they can advance, in new “programs ’93, Flynn Monks, Christine make the strong even stronger—and how of study,” from introductory to truly Perkins, Mariah Robbins, Lori Ann Saslav, Jocelyn Sedlet to ensure a fully up-to-date curriculum for sophisticated work in the areas that design director a new legal world. Our goal was to keep interest them. Integral to this approach are Ronn Campisi what continues to work—principally our greatly expanded opportunities for clinical techniques of making people “think like and interdisciplinary work in the second editorial office Harvard Law Bulletin lawyers”—but also to recognize and impart and third years. Students benefit from 125 Mount Auburn St. the new skills and areas of knowledge seeing how legal problems look—and how Cambridge, MA 02138 e-mail: [email protected]. needed today to perform most effectively they can be solved—in real-world settings. edu as lawyers and in the other positions of So, too, do they learn from seeing how web site: www.law.harvard. edu/alumni/bulletin leadership our graduates hold. Our goal, in law connects to a range of other subject telephone: 617-495-3118 short, was to transform our curriculum— matters, including business and economics, send changes of address to: and indeed legal education itself—to fit the government and politics, and technology Harvard Law School 21st century. and medicine. We hope, with these new, Alumni Records 125 Mount Auburn St. So we put together a committee, chaired rich intellectual opportunities, no third- Cambridge, MA 02138 by the indefatigable Martha Minow, and year student at Harvard Law School will e-mail: [email protected]. we traveled all over the country and all want to graduate! edu The Harvard Law Bulletin over the world, meeting with alumni and We are excited about our new (ISSN 1053-8186) is published professors and practitioners. They— curriculum, and we hope you will be, too. three times a year by Harvard Law School, 1563 including many of you—gave us a broad We hope you agree, after reading this Massachusetts Ave., range of ideas. If there was an overarching issue of the Bulletin, that we are fulfilling Cambridge, MA 02138. theme, it was this: Great lawyers are our responsibilities to create a model law © 2008 by the President and Fellows of Harvard College. great problem-solvers. And great school curriculum and to give our students Printed in the U.S.A. problem-solving requires a combination the best preparation possible for the of analytical skills, hands-on experience important work they will do around the and interdisciplinary tools, as well as an world. understanding of the full range of legal institutions and sources of law, both domestic and international. As a result of these discussions and dean elena kagan ’86 in this ISSUE
SPECIAL SECTION: DEPARTMENTS CURRICULUM VERSION 2.0— A NEW BLUEPRINT 2 LETTERS FOR LEGAL EDUCATION 4 STUDENT SNAPSHOT Showing Russians—and the rest of us— what “no 18 A Curriculum of New Realities child left behind” really means The case method is still important, but it will be 6 ASK THE PROFESSOR supplemented by a new emphasis on statutory, For future interests, an interesting future regulatory and international sources of law, 7 THEORY INTO PRACTICE plus clinical work, interdisciplinary studies and Generations of Harvard Law students have tried to comprehend the ideas of Roberto Unger. Now, it’s complex problem-solving, and new upper-level Brazil’s turn. programs of study. 9 ON THE BOOKSHELVES Hands on Jack Goldsmith on the terror presidency; Gabriella 24 Blum LL.M. ’01 S.J.D. ’03 on managing endless con- It’s hard to be cynical in a clinical. Especially flicts now, when there are so many choices. 13 HEARSAY 32 At Home in the World Faculty short takes Resolved: “No student should graduate from law 14 TRIBUTE school without exposure to law beyond the United Two hall-of-famers leave the diamond States.” 42 CLASS NOTES Negotiating Africa’s uncivil wars; one lawyer’s 38 Crossing Lines gospel truth; our man in Ramadi; fall reunions Law students are increasingly encouraged to 44 HUSTINGS explore other disciplines as part of a strong legal David Gergen ’67 and Robert Shrum ’68 have been in education. Harvard’s “calendar reform” will help the innermost circle of American politics. Here, they assess campaign ’08. them do it. 59 IN MEMORIAM Robert Keeton S.J.D. ’56; Clark Byse 67 COMMITMENT Sheela Murthy LL.M. ’87 68 GALLERY When you visit this professor’s office, you get to know him pretty well. Even if he isn’t there.
winter 2008 harvard law bulletin 1 LETTERS
“Recent studies ... have demonstrated a significant correlation between levels of gun ownership and rates of both homicide and suicide.” —Kenneth Handley ’62
ALSO : Who Can Lay Claim to Blackness? and its limitations. and a power presumably held by state Harvard Law The Bill of Rights, on the other government does not transfer the Summer 2007 hand, speaks exclusively of rights. right from the people to the state or bulletin The First, Second, Fourth, Sixth and make the people’s exercise of the right Seventh Amendments enumerate dependent on the state’s exercise of its particular rights retained by the power. Nor does the state’s exercise of people: to assemble and petition, its militia power depend on the people’s be secure against unreasonable exercise of their right to keep and bear LALAWgoesoesoeoeses searches and seizures, enjoy arms. The right and the power remain CONCOCSCHOLARSCHOLHOLARS AAREREE OONN the right of trial by jury, keep separate and distinct—the right is weighingighingg in onon constitutionalnsttitutionitut onnall ississuissues,ueses, fromom war powerspop wer and bear arms, etc.; the Third, reserved to the people; the power is to warrwawarrantlessrantlessntle s surveillance,veil ce from the Takings Fifth and Eighth protect certain assumed to be exercised by the state. Clause to the Suspension Clause, from habeas corpus individual rights against abuse It therefore follows that the right to the right to PROPPRRORO bear arms. by government of its delegated the amendment reserves to the people Lawmakers activetivtitiviv and courts are listening. powers; and the Ninth provides is—like all the other rights reserved in that the enumeration of these the Bill of Rights—an individual right, rights shall not be construed to not a right of the state; that the right is deny or disparage others retained separate from the militia power that c1-12_Summer07.09.indd c1 7/3/07 3:41:40 PM by the people. Each of these rights the amendment presumes each state OF RIGHTS AND POWERS is retained by, not granted to, the will have and will exercise; and that In response to the article “Lawyers, people. Each is protected against the right cannot be limited by or made Guns and Money” (Summer 2007), I denial, disparagement or infringement dependent on the state’s exercise of the write to suggest that the meaning of by government, not derived from militia power. the Second Amendment can best be government. Each is personal, not Harry Downs ’55 determined by carefully reading the communal or collective. Atlanta words the framers used in drafting the This use of language is both clear Constitution. The framers considered and purposeful. People have rights; GUNS AND VIOLENT CRIME carefully the structure of government government has only powers. The It is unfortunate that your they were creating and chose with care people define and delimit the powers otherwise excellent article “Lawyers, words they believed best expressed of government; government does not Guns and Money” includes, without their intent. It therefore is essential define and delimit the rights of the any sort of challenge, the irresponsible that their words be read with the same people. Rights cannot be restricted by statement by NRA President Sandra thoughtful attention with which they governmental action except as required Froman ’74: “Statistically, the parts of were written. for the exercise of a delegated power. the country with the greatest number The preamble to the Constitution Read in its proper context, the of firearms have the lowest rates of recites that the people ordained and meaning of the Second Amendment violent crime with guns.” In fact, established the Constitution; the becomes clear. It simply acknowledges recent studies by Matthew Miller and first three articles define the powers the right of the people to keep and bear colleagues at the Harvard School of the people delegated to the national arms and the power of the states to Public Health have demonstrated a government and create institutions maintain militias. The amendment does significant correlation between levels for their exercise; and the 10th not grant the right to keep and bear of gun ownership and rates of both Amendment says that all powers not arms; it simply enumerates that right homicide and suicide. (The Deep South delegated to the United States, or as one among the many retained by the and the Mountain West, which lead the prohibited to the states, are reserved people. Nor does it empower states to nation in levels of gun ownership, also for the states or the people. Thus, in maintain militias; it simply implies that have the highest rates of homicide and discussing government, the framers the power is not denied. suicide, respectively.) There is a similar spoke exclusively in terms of power— The fact that the amendment refers correlation between homicide rates its delegation, its vesting, its exercise to both a right retained by the people and the presence of guns in the home.
† WRITE to the Harvard Law Bulletin, 125 Mount Auburn St., Cambridge, MA 02138, e-mail [email protected]. Letters may be edited for length and clarity. BWmo[hi" =KDI 7D: CED;O
J^_ij_c[" j^[Ikfh[c[ 9ekhjcWo ^Wl[je Z[Y_Z[m^Wj Program: “[T]he presidential clear on a few points. Public Justice was j^[I[YedZ 7c[dZc[dj c[Wdi$8kj program of surveillance at not organized by and for consumers ^emckY^ m_bbh[Wbbo Y^Wd][5 issue here is a violation of (all of us are consumers; none of us 8O ;B7?D; CY7H:B; the separation of powers—as was polled); it is a trade group for the grave an abuse of executive plaintiff bar. Public Justice opposes 22 ^WhlWhZbWmXkbb[j_dikcc[h(&&- ?bbkijhWj_edXoc_Y^[bb[j^ecfied ikcc[h(&&-^WhlWhZbWmXkbb[j_d 23 authority as I can recall ever not only “abusive” arbitration clauses having studied.” but all arbitration, which interferes See Epidemiology, September 2002; When I went to law school— with class-action lawyers’ ability American Journal of Public Health, admittedly a long time ago—our to leverage even a flimsy claim for a December 2002; The New York Times, teachers hammered into us the notion large recovery—including recoveries Jan. 23, 2007. that one could not understand a legal for consumers in which 95 percent Kenneth Handley ’62 issue without understanding the facts or more of the class members ignore Salt Lake City that underlie it. Hence the use of the the recovery, while the class lawyers case system of legal teaching; hence congratulate themselves for their “pro- PLEDGING ALLEGIANCE TO CREATIONISM the common classroom demand that consumer” victory on the way to the Tenuous though the connection one state the facts of the case. By bank. I know that some lawyers believe may be, I seize on the article about the contrast, Professor Tribe’s sweeping, that all class actions serve the public First Amendment in a philosophical unnuanced, unmeasured assertion of interest and that any arbitration clause context [“In the Classroom,” Summer the unconstitutionality of the TSP is that blocks class actions must be bad. 2007] to highlight the fact that many, unburdened by any facts. And that is a There is, however, an opposing view. probably most, public school biology fact that I know. I have observed class-action classes in Arizona (surely in other Robert L. Deitz ’75 settlements, purportedly solving a states as well) teach creationism and General Counsel, National Security consumer problem, in which class evolution as two theories of equal Agency (1998-2006) counsel received millions of dollars scientific standing. The words “under Alexandria, Va . while less than 5 percent, and even God” in the pledge of allegiance less than 1 percent, of the class cared reinforce this mischief by indicating to editor’s note: Professor Tribe’s enough or thought enough about the pledge-reciters that their government statement was part of a long letter resolution to make a claim for the class agrees with the creationists, at least submitted to Rep. John Conyers and benefit. By contrast, I have observed with respect to the claim of entitlement the House Judiciary Committee, and it an arbitration process that provided to classroom treatment on a par with included a lengthy factual recitation prompt and full recovery to consumers that accorded evolution. Perhaps in support of his argument that the who brought a claim. Which process is the pledge language goes even warrantless surveillance program was pro-consumer? further, telling all who recite it that unconstitutional. Because of space Neal S. Berinhout ’86 their government accepts creationism limitations, the Bulletin did not include this Atlanta as correctly describing the earth’s material in the article. The full text of the origins. This is not just a separation letter can be found online in PDF format at LOOKS THAT IMPROVE WITH AGE of church and state matter but one of online.wsj.com/public/resources/ Congratulations on a great job corrupting public education. In what documents/conyers.pdf. in making the Harvard Law Bulletin philosophical or cultural context eye-popping, reader-friendly! A should the constitutionality of the ANOTHER VIEW ON CLASS ACTIONS pleasure to peruse it. I remember when words “under God” in the pledge of AND ARBITRATION CLAUSES the Bulletin wasn’t much more than allegiance be considered? The Summer 2007 issue included “mimeographed” copy on slick paper. Charles Tillinghast ’57 a nice tribute to my classmate Paul Jim Carney ’66 Oro Valley, Ariz. Bland and his work at Public Justice Madison, Wis. in opposition to arbitration. I have UNBURDENED BY FACTS nothing but praise for Paul, who is an CORRECTION In the summer ’07 issue, The Harvard Law Bulletin excellent lawyer (I have been on the a profile of Arnaud de Lummen (Summer 2007) quotes from a letter opposite side in litigation) and a fine mistakenly stated that he holds an that Professor Laurence Tribe sent to person. But whether or not his anti- LL.M. from Harvard Law School. In Rep. John Conyers in 2006 concerning arbitration cause is worthy, and pro- fact, de Lummen does not hold a degree President Bush’s Terrorist Surveillance consumer, is a different issue. Let’s be from HLS.
winter 2008 harvard law bulletin 3 Student SNAPSHOT
christina greenberg ’09: “I knew if I didn’t do something, nobody would.”
Christina Greenberg ’09 went to Russia— with LOVE Building a Bridge of Redemption
4 harvard law bulletin winter 2008 Photograph by leah fasten “rats” and “criminals” to some, the homeless children of Perm were worthy of outreach, Greenberg believed.
By Christine Perkins Bridge from a small soup Christina Greenberg’s client kitchen to an organization was labeled disruptive and was sent that includes a day center, home from elementary school every a 16-bed shelter and a single day last spring. The 8-year- place to help teenagers live old—who is mentally disabled, has independently. The project, hydrocephalus, seizures and is in a initially run by volunteers, wheelchair—then lost summer services now has a professional because his school district failed to staff of 22, and Greenberg submit the necessary paperwork. His estimates that during her mother—struggling to care for her GE tenure more than 2,000 son and his disabled twin on $1,000 kids received some sort of VE’S BRID O a month—was desperate when she L assistance from it. reached Greenberg, a summer intern Her work—covered with Massachusetts Advocates for following week, they were inundated. extensively by local and national Children. Using their own money and a few media—dramatically reduced the For Greenberg, getting the boy the thousand dollars they raised locally, number of street children in Perm. But care he needed was a challenge that Greenberg and her brother renovated it also transformed the community. hundreds of Russian street children a basement apartment to use as a day “The way people looked at homeless had prepared her to embrace. center. They called their organization children completely changed,” said Almost 10 years ago, when Love’s Bridge, and when they opened Greenberg. “A lot of regular Russian Greenberg was 18, she moved from San their doors on Feb. 14, 1998, it was a people really started stepping up to the Francisco to Moscow with her parents. novelty in the post-Soviet era city. “It plate.” She began volunteering at orphanages wasn’t like we were a second shelter or In 2003, she returned to the United in the capital city but soon decided, if you didn’t get food down the street, States to continue her education. “I with her brother, Jered Markoff, 22, you got food here. We were it,” she always felt there was a lot more I could to move to a remote area where their said. do in Russia if I was able to advocate work would have greater impact. Less than a year after graduating legally for some of the children,” said They chose Perm, Russia. “My parents from high school, Greenberg Greenberg, who remains on the board were a little bit nervous, I think, but confronted head on the myriad of Love’s Bridge. they welcomed that we wanted to problems plaguing Perm’s street She completed her bachelor’s volunteer,” she said. children. When one child broke a glass degree at the University of California, A gateway to Siberia, Perm was on another’s head, she switched to Berkeley, and in 2006, she chose to once a manufacturing center for the plastic. When another escaped from attend Harvard Law, over Stanford and Soviet military and had opened to a group of pornographers, she went Yale, in part because of HLS’s Child foreigners just a few years before. to court and helped him testify. She Advocacy Program. The siblings intended to work for partnered with medical doctors and During the fall semester, Greenberg orphanages but changed their focus an AIDS clinic, negotiated with school took a CAP class, Child, Family and after finding hundreds of children officials and counseled countless the State, and she is signed up for a living wild on the streets. children as they gave up sniffing glue CAP clinical in the spring. She doesn’t Runaways and orphans (some as and resumed their studies. know where her legal career will take young as 3) took shelter in sewers and According to a CNN reporter who her, but, she says, her advocacy this begged or stole to survive as winter spent hours filming her in Russia for summer in Massachusetts—including temperatures dipped to 13 below zero. a 2005 report, Greenberg “exercised securing her client summer services, Viewed as “rats” and “criminals,” the a remarkable authority over some of as well as an alternate placement and a children were brutalized by police and the wildest children in the country” one-to-one aide for next school year— ostracized by the local population. “I without ever once raising her voice. has given her a sense of fulfillment she knew if I didn’t do something, nobody During the five years Greenberg hasn’t had since leaving Russia. would,” said Greenberg. lived in Perm, she raised hundreds “It’s such an exhilarating feeling, The siblings set up a soup kitchen in of thousands of dollars by asking knowing that I can do this and I can the open-air market with food donated everyone she could think of—local help people who really would not get by the market’s director. The first businesses, foreign contacts and help elsewhere,” said Greenberg. “I’m week, they served 10 children. By the friends—for help. She expanded Love’s walking on air.” P
winter 2008 harvard law bulletin 5 ask the PROFESSOR The Rap on RAP Does the rule against PERPETUITIES have a future?
A renowned expert on trusts and estates, Professor Robert Sitkoff joined the HLS faculty this fall from New York University School of Law. He says we are in the midst of a “quiet revolution in modern American trust law.” Here, he explains. I am referring to a series of reforms over the last 20 years that, taken together, represent a major updating of the trust canon. Nearly half the states have repealed or modified the Rule Against Perpetuities to allow for perpetual trusts. And, 10 states have validated the so-called self-settled asset protection trust—or APT—which is a trust for the benefit of the settlor but against which the settlor’s creditors have no recourse. Explaining how these reforms came about is straightforward. They are products of the jurisdictional competition for trust funds. Trust lawyers and bankers press state lawmakers to adopt these reforms in the hope of attracting trust business fierce competition from out of state. among the states Whether these reforms represent is fueling major good policy is a tougher question. changes in American trust APTs, in particular, are controversial law, says Sitkoff. because they have the potential to destabilize tort and other financial deterrent-based regulatory systems. Real money is at stake. Banks and other institutional trustees hold more than $1 trillion in noncommercial trust funds, and the fiduciary and attorneys’ fees associated with these trusts measure in the billions of dollars. In a study published in 2005 in The Yale Law Journal, my co-author and I showed that roughly $100 billion in trust assets has poured into the states that permit perpetual trusts. A separate jurisdictional
6 harvard law bulletin winter 2008 Photograph by kathleen dooher theory into PRACTICE competition concerns business trusts. Eight states have resurrected the The Minister of Thought common law business trust as a viable mode of business organization by Will Brazil embrace the enacting statutes that transmogrify it into the statutory business trust. IDEAS of Roberto Unger? Similar legislation is pending in other states, and a uniform act—for which I am the reporter—will be promulgated soon. Real money is at stake here, too. I estimate the volume of commercial activity organized in modern business trusts—which includes three out of every four mutual funds—to be in excess of $10 trillion. Another engine for change is the law reform apparatus of the Uniform Law Commission and the American Law Institute, both of which have heavy academic participation. Thanks in large part to the 1992 Restatement (Third) of Trusts and the 1994 Uniform Prudent Investor Act, all the states have updated their prudent trust investment laws to account for the teachings of modern portfolio theory. In a study forthcoming in the Journal R AB
of Law and Economics, my co-author / and I show that this reform prompted a significant shift in trust investment
away from government bonds and ABIO POZZEBOM F toward corporate securities, hence a shift to higher risk/reward portfolios. By Emily Dupraz confidence More recently, the Uniform Law Two years ago, HLS Professor Roberto Unger Roberto Unger Commission promulgated a Uniform LL.M. ’70 S.J.D. ’76 publicly denounced the (right) has criticized Brazil’s Trust Code in 2000. Although it mainly government of his native Brazil, calling it “the President “Lula” codifies traditional law, it also includes most corrupt in history.” He also called for the (left). But they are some interesting reforms. Some, such impeachment of its president, Luiz Inácio Lula working together. as a liberalization of trust modification da Silva, known throughout Brazil as “Lula.” and termination rules, are designed to In June, Unger took a job as a minister in Lula’s Cabinet, in charge of offset the anticipated problems of the the secretariat for long-term planning. growing use of perpetual trusts. What Surprising? Not at all, say friends and colleagues of the law remains to be seen is how the code, professor and social theorist who, even from the distance of Cambridge, which has been enacted in 20 states, Mass., has managed to stay visibly involved in Latin American politics will intersect with the jurisdictional during his 36 years on the Harvard Law School faculty. competition for trust funds. The code Unger and Lula are no strangers to one another—they worked is silent on perpetual trusts and rejects together in a series of workshops organized in the mid-1990s by Unger APTs, and one state even repealed the and NYU Professor Jorge Castañeda to develop a comprehensive code after an anti-code lobbying effort political agenda for Latin America. A number of rising leaders from the by local lawyers. P region took part, including Vicente Fox, who later became president of Mexico. Sitkoff is a co-editor of “Wills, Trusts, and The Unger-Lula relationship, says Castañeda, has been marked Estates” (Aspen Publishers, 7th ed., 2005). by occasional disagreements and even some rivalry (Unger was a key
winter 2008 harvard law bulletin 7 party. Unger’s mother co-edited one of Brazil’s first feminist periodicals. A great-uncle launched Brazil’s Socialist Party. When he enrolled at HLS, Unger was planning on a career in Brazilian politics. But when Brazil’s military government arrested thousands of civilians—including his sister—in a crackdown on government critics and activists, Unger decided to stay in the U.S., and embarked on an academic R career. In 1971, Unger was appointed to the faculty at HLS, where he was ABIO POZZEBOM/AB
F an early leader of the Critical Legal Studies movement and wrote the tract that became known as one of its backer of one of Lula’s roberto unger inequality, and he has principal manifestos. He became a election opponents), but has joined forces spent a great deal of time social theorist and critic with a body of with Lula for now ultimately by shared vision but has made exploring how a Leftist work that covered not just law but also and enough mutual respect no secret of his program could make good art, religion, politics, philosophy and to enable collaboration. own presidential on its ideals without trying economics. hopes. Unger’s criticism, he says, to resuscitate discredited And yet, despite his intellectually was merely an outburst of notions about government rich and wide-ranging academic frustration. control of the economy. life, Unger never stopped feeling the It was never in doubt that they In a sense, says Castañeda (who gravitational pull of politics in the would, in today’s parlance, “hug it out.” took a similar leave to serve as Southern Hemisphere. In 1990 he Castañeda says he wasn’t surprised, Mexico’s foreign minister in the Fox waged a quixotic campaign for a seat in therefore, when Lula shrugged off administration), Unger’s new job gives the lower house of Brazil’s Congress. Unger’s criticism and offered him a job, him the chance to put into practice He also ran unsuccessfully for mayor nor when Unger took a leave from HLS some of the social and political theories of São Paulo. He even toyed several in June to join Lula’s Cabinet. For both he has been developing over the past times with the possibility of his own men, the shared opportunity to develop four decades and puts forth in his presidential candidacy, most recently a comprehensive plan for Brazil’s recent book, “What Should the Left in 2006. He counseled several leading future was more important than their Propose?” (Verso, 2006). As of June, Latin American politicians, including disagreements. he’s gone from writing about that Fox, and he was a key adviser to “Unger is the minister of thought,” question to living it. Brazilian finance minister and says Castañeda. “Lula has asked him Straddling the line between unsuccessful presidential contender to have a sense of what he would like academic theory and political Ciro Gomes in the 2002 election that Brazil to look like 20 years from now. involvement is common in Latin Lula ultimately won. Then, the president will decide which American politics, says Castañeda. Castañeda says Unger’s political ideas to act upon.” He describes Unger’s path as that experience and ability to think broadly Unger was already engaged in of a “typical Latin American public and theoretically make him well suited that kind of endeavor for the region intellectual” who is making a perfectly for his new job. People in government when he and Castañeda organized normal career move. rarely have enough time to devote to the workshops in the mid-’90s and Unger was born into an serious thought, he says. Conversely, produced their principal working intellectually and politically active he adds, “it’s very difficult for thinkers document, “A Latin American family in Rio de Janeiro in 1947. His out of government and with no sense of Alternative.” He has suggested that grandfather was an astronomer who realities to suggest things that make a the Left in power can and should do became the nation’s foreign minister whole lot of sense.” more than rely on the redistribution and later founded the National “The combination of the two can be of wealth as a quick fix for economic Democratic Union, a liberal opposition an ideal one.” P
8 harvard law bulletin winter 2008 Illustration by katy lemay on the BOOKSHELVES The Compliance Man Jack Goldsmith’s job was about following the law, not THE PARTY LINE
By Michelle Bates Deakin Hall office after rushing back to campus from an hour- For all his eloquence and conviction, Jack long interview on National Public Radio. In the week Goldsmith is a quiet man. prior, his book had spawned a front-page story in The For three years, he remained silent about Washington Post, a lengthy article in The New York Times his brief and controversial stint as head of the Magazine, a Bill Moyers segment and countless entries in the blogosphere. Office of Legal Counsel in George W. Bush’s “Goldsmith is suddenly everywhere,” wrote Benjamin Department of Justice. And even following the Wittes in The New Republic. much-publicized publication of his book “The The Los Angeles Times called “The Terror Presidency” Terror Presidency” in September, Goldsmith an “important book—and a genuine service to the national does not relish the steady demand for comment interest—on several levels, none more pressing than its about his Department of Justice tenure. implicit demand for a sober consideration of the current historical moment in all its complexity.” In The New York “I like to write books. I don’t like to talk about them,” Times, Michiko Kakutani wrote: “The portrait of the Bush says Goldsmith, who joined the HLS faculty in 2004. administration that Mr. Goldsmith—who resigned from the Nevertheless, he spoke about the book in his Griswold Office of Legal Counsel in June 2004, only nine months after
winter 2008 harvard law bulletin 9 legal problems the Bush administration faces and the central but mostly hidden role that lawyers play in shaping modern war policy. Like many of his colleagues in the administration, Goldsmith was no fan of some of the laws constraining executive action in response to the terrorist threat. But as long as those laws were on the books, he says, he was determined to interpret them correctly, and he refused to engage in sophistry or tortuous parsing of language for the sake of giving his superiors the legal opinions they wanted. Goldsmith arrived at the Department of Justice on Oct. 6, 2003, coming from a legal job at the goldsmith Department of Defense, during a leave criticizes the Bush from the faculty of the University of administration’s approach but Chicago Law School. That afternoon, supports its then White House Counsel Alberto mission to Gonzales ’82 called him with his first fight terrorism aggressively. rush assignment: “We need you to miller decide whether the Fourth Geneva A renow Convention protects terrorists in expert o procedu Iraq. We need the answer as soon as a passio possible, no later than the end of the copyrigh week.” Goldsmith concluded that the assuming the post—draws in this book “Goldsmith’s actions in government Geneva Conventions did extend to is a devastating one. It is a portrait took immense courage, and he deserves Iraqi terrorists in Iraq, including of a highly insular White House all of the plaudits anyone today those who were Al Qaeda members. obsessively focused on expanding wants to throw his way. … [But] the It was not the response that Gonzales presidential power and loath to consult story Goldsmith tells is, in truth, a or David Addington, Vice President with Congress, a White House that complicated one. It is not Dick Cheney’s frequently made up its mind about all a critique of the Bush Goldsmith former counsel, a course of action before consulting administration; on many worries that the wanted. Goldsmith with experts, a White House that points Goldsmith defends Office of Legal writes: “If Gonzales sidelined Congress in its policy- his former colleagues.” Counsel has been seemed puzzled and making and willfully pursued a ‘go- For two years after slightly worried, it-alone approach’ based on ‘minimal he left the government, diminished David Addington deliberation, unilateral action and Goldsmith says, he was just plain mad. legalistic defense.’” reflected on his role as the frontline ‘The president has already decided True, the headlines have seized on lawyer responsible for ensuring the that terrorists do not receive Geneva Goldsmith’s critique of some of his executive branch’s compliance with Convention protections,’ he barked. former colleagues. But Goldsmith is the law, particularly in the uncharted ‘You cannot question his decision.’’’ careful to point out that the book and area of waging a “war on terrorism.” This kind of battle marked its subject matter are more complicated The conflicts he experienced, he Goldsmith’s nine months at OLC. than that. For example, Goldsmith realized, were critically important to “I was the person interpreting legal never forgets that those whom he understanding the modern presidency restrictions that no president in a time criticizes are under enormous pressure and the pressures on it. In part, the of national crisis had ever had to face to prevent a catastrophic terrorist book is Goldsmith’s effort to set the before,” he says. attack, and they are motivated by the record on his service straight. But it’s Although terrorism presented best of intentions. As Wittes wrote: largely an examination of the novel new issues for Bush, Goldsmith faults
10 harvard law bulletin winter 2008 Photograph by asia kepka the administration for not pursuing in surveillance and detention will land influence is more diffuse.” traditional political means to address them in front of a grand jury or a court. Nevertheless, from the distance of them. Rather than appealing to Goldsmith does not expect to academia, Goldsmith will continue Congress, Bush touted the concept of be invited back into government to keep a close eye on the executive the unitary executive and pursued a service anytime soon. After nine branch, particularly his old office. unilateral approach to many terrorism- months of working round the clock in “The OLC had an extremely important related issues that necessitated a Washington and seeing little of his wife place, and I worry that the office has phalanx of lawyers to craft policy and two young sons, he is content to been diminished,” he says. “I tried to at the murky edges of the law. A live a more normal life. put it back on the right course, but more effective approach, Goldsmith With a shrug, he concedes that now its central role is more public, believes, would have been to follow his work outside the government which might make a difference come the examples of Presidents Lincoln is unlikely to have the same direct confirmation time.” and Roosevelt, who consulted with influence as his work inside it. “The “There has to be a place that is Congress, asked for the powers they connections between one’s actions and devoted to making sure that the believed they needed and generally consequences are much tighter inside executive branch complies with the law received them. the government,” he says. “Academic and can execute its full prerogative.” P At OLC, Goldsmith also discovered that some of the earlier legal opinions issued by the office’s lawyers in the Bush administration were flawed, Excerpt particularly the two now-infamous ‘ i could not ... stand by or reaffi rm “torture memos” outlining standards for interrogation. Goldsmith was these opinions’ r uncomfortable with their legal wned reasoning, their tone and their [For] eight weeks, I was briefed on some of the most sensitive counterterrorism n civil breadth. One memo went so far operations in the government. Each of these operations was supported by [Offifice re, with n for as to conclude that, “Any effort by of Legal Counsel] opinions written by my predeces- ht law Congress to regulate the interrogation sors. As I absorbed the opinions, I concluded that of battlefield detainees would violate some were deeply fl awed: sloppily reasoned, over- the Constitution’s sole vesting of the broad, and incautious in asserting extraordinary Commander-in-Chief authority in the constitutional authorities on behalf of the Presi- President.” dent. I was astonished, and immensely worried, to Although there was no precedent discover that some of our most important counter- for withdrawing OLC opinions within terrorism policies rested on severely damaged legal the same administration, Goldsmith foundations. It began to dawn on me that I could decided that he had to withdraw the not—as I thought I would eventually be asked to torture memos. He wanted to first do—stand by or reaffifirm these opinions. provide “replacement guidance,” but, My first reaction to the opinions was to draft a when the torture memos were leaked resignation letter—the first of three such letters to The Wall Street Journal, he could I would draft during my nine and a half months wait no longer. He withdrew them and of service. … But I soon realized I could not quit. resigned on the same day in June 2004. We were in the midst of a war in which many had Doing both at once, he hoped, would lost their lives and scores had risked professional make it difficult for the White House to reputations by making thorny wartime decisions. reverse his decision without making it … So I decided to try to fix the opinions to save as look as if he had resigned in protest. many of the policies that a sound legal analysis would support. I was pretty sure, Goldsmith criticizes Bush’s in December 2003, that this decision would put me on a collision course with my approach while supporting his mission superiors. But I fi gured it was more consistent with my oath of offifice and profes- to fight the war on terror aggressively. sional responsibilities, and that my superiors would let me know when I should He emphasizes the pressure of working leave. in an environment where daily “threat Seven months and many confrontations later, I was gone. reports” outline possible attacks against the U.S. and policy-makers Copyright © Jack Goldsmith 2007, “The Terror Presidency: Law and Judgment Inside the Bush are haunted by the ever-present fear Administration,” W. W. Norton & Co. Reprinted with permission of the publisher. that taking overaggressive measures
winter 2008 harvard law bulletin 11 on the BOOKSHELVES Chilling Zones in Killing Zones Even in endless wars, there can be POCKETS OF PEACE
By Dick Dahl At first, the notion that Israel could sit down with its sworn enemies and achieve a limited agreement to protect civilians seemed far-fetched to Gabriella Blum LL.M. ’01 S.J.D. ’03. The year was 1997, Blum was a young officer in the Israel Defense Forces, and she’d just been assigned to a group with the task of monitoring that noble, if dubious, effort.
The strained relations between Israel and Lebanese armed groups had reached a bloody low the previous year, when cross-border attacks had killed and wounded hundreds of civilians (mostly in Lebanon), prompting the parties to seek an unusual agreement to reduce the collateral damage to innocents. Brokered by the U.S., International Law, makes the argument to maintain conflicts, Blum says. In the deal called for the creation of that negotiators might be best served her book, she cites a point made by a monitoring group from the U.S., by accepting the fact that some violent Sigmund Freud in his famous 1932 France, Israel and Lebanon, as well as conflicts cannot be resolved and by correspondence with Albert Einstein, Syria, which had strong instead focusing their in which the two exchanged radically ties to the Lebanese It may be efforts on trying to carve differing opinions about whether armed factions. that some out potential areas of mankind could end warfare. Einstein, The agreement held violent conflicts asylum. the pacifist, said yes. Freud was together for four years, can’t be “The pursuit of doubtful. The willingness to engage saving countless civilian resolving conflict is a in force was too embedded in human lives and inspiring the resolved crucial one and worthy, nature, he said. once-skeptical Blum to but it’s not always Blum leans toward Freud. launch a personal inquiry into human possible,” said Blum, adding that However, identifying herself as a nature and the art of the possible. That this acknowledgment differentiates “hopeful pessimist,” Blum insists she quest has culminated in a new book, her from many negotiation scholars isn’t a defeatist. After all, she holds “Islands of Agreement: Managing who perceive conflict as a pathology that even when conflicts can’t be Enduring Armed Rivalries.” In it, the that can be cured through rational ended, they at least can be managed. HLS assistant professor, who teaches discourse. Too many nations and too As she saw while serving on the Israel- International Negotiations, and many populations profoundly want Lebanon Monitoring Group, zones
12 harvard law bulletin winter 2008 Illustration by katy lemay FeFeldldmamannGGololdsdsmimithth SSuuk
of peace could be carved out of the broader war zone. Nor were Israel and Lebanon the first enemies to create such zones, she found. In fact, as she reports in her book, the practice has been common throughout history. In 1406, HEARSAY England and France agreed that the hostilities between them would not extend to the capture or assault of FACULTY short takes fishermen as prizes of war. More recently, despite ongoing clashes over needing any favors from the ruling control of Cyprus and the Aegean Coming of Age with Clarence junta this week, why should they Sea, Greece and Turkey settled on a assistant professor trust us? Double standards are not jeannie suk ’02 cluster of agreements that have created merely hypocritical, but something The Wall Street Journal, Oct. 12 a relatively harmonious relationship. much worse in international Even the tense relationship between affairs: ineffective. Under these India and Pakistan has been eased “If the metric we are using is the circumstances, the best option is to periodically, Blum says. Most notably, abuse of power by male bosses pursue a chastened version of the the 1960 Indus Waters Treaty devised a against female employees, how is democratization doctrine—one that cooperative water-sharing scheme that it that Justice Thomas has fared so makes no exceptions for friends has remained intact. badly while Mr. Clinton seems to while also recognizing that building Deals like the Indus Waters have fared relatively well since he left durable institutions may do more Treaty can be cut, Blum argues, by office? … Even today, it is extremely good than holding snap elections.” recognizing that there are things that common to hear liberals talk about can be negotiated even when armed Justice Thomas as a sexual harasser conflict can’t be ended. Her fear is that who should not have been confirmed, The Terrorists’ Court negotiators bent on achieving elusive and about President Clinton as a professor jack l. goldsmith and georgetown law professor goals of conflict-ending peace will victim of our country’s fanatical neal katyal miss chances to achieve more modest sexual morality. One need not be The New York Times, July 11 but realistic islands of agreement. soft on sexual harassment to realize, “My concern is when the pursuit of after 16 years, that our country put “The two of us have been on opposite resolution comes at the expense of lost Clarence Thomas through hell on sides of detention policy debates, opportunities of possible cooperation,” the basis of accusations that don’t but we believe that a bipartisan she said. approach the sexual allegations that solution that reflects American Finding those opportunities, Blum we have rightly allowed to recede values is possible. A sensible first argues, means looking at the broad into the background of Bill Clinton’s step is for Congress to establish a spectrum of relationships between the distinguished career.” comprehensive system of preventive nations and peoples involved, for what detention that is overseen by a they can agree on even if they cannot Democratosis national security court composed agree to end hostilities. And, in a world of federal judges with life tenure. professor noah feldman that is increasingly interdependent, Such a court would have a number of The New York Times Magazine, Oct. 7 she noted, the need for these islands practical advantages over the current of agreement will only grow: “The system. It would operate with a more the world advances toward … “The problem is that our support congressionally approved definition connectedness, the less we are able to for dictators in some countries of the enemy. It would reduce the detach ourselves from our enemies.” tends to undermine our ability to burden on ordinary civilian courts. Blum wants to believe that islands encourage democracy elsewhere, It would handle classified evidence of agreement can develop into broader because it sends the message in a sensible way. It would permit agreements, as they did with Greece that we may change our tune the the judges to specialize and to assess and Turkey, but she admits that might moment an immediate interest over time the trustworthiness of the be wishful thinking. “This is my alters our calculations. The monks government and defense lawyers who dilemma,” she said. “I don’t think every of Yangon have put their lives on appear regularly before them.” P conflict is resolvable. But I think we the line; if our embrace of their should try.” P cause is conditional on, say, our not
Photo-illustration by wes duvall winter 2008 harvard law bulletin 13 TRIBUTE This fall, the classrooms and lecture halls of Harvard Law School no longer reverberated with the voices of two of the institution’s best- Leaving the known teachers—Professors Arthur R. Miller ’58 and Paul C. Weiler LL.M. ’65. Miller ended Mound his 36-year HLS career last year, and Weiler retired after 26 years of teaching at the school. Arthur Miller ’58 and One of the nation’s most distinguished legal Paul Weiler LL.M. ’65 scholars in the areas of civil procedure, liti- gation, copyright and privacy, Miller joined END their storied HLS the faculty in 1971. He is the author or editor teaching careers of scores of articles and many books, includ- ing multiple editions of “Federal Practice and Procedure” (with C.A. Wright, some editions
America’s Law on technology and privacy. Professor He has reached countless practicing attorneys MORE THAN MOST, ARTHUR and judges through his MILLER HAS BEEN A TEACHER IN THE PUBLIC DOMAIN innumerable lectures to judicial conferences and By Tami K. Lefko ’94 other audiences and through Within the legal the many influential books, profession, Arthur Miller is articles, and treatises known first and foremost— on procedure, complex and deservedly—as the litigation, and related topics pre-eminent scholar and that he has written and co- teacher of civil procedure. written. And, he has had a He quite literally wrote the direct impact on the rules book that is probably the themselves, as a principal most widely used practice architect of the 1983 reference of all time—the amendments to the Federal multi-volume treatise Rules of Civil Procedure. “Federal Practice and To me, though, he will Procedure,” first published always be first and foremost in 1969. In 2007 alone, it a copyright professor and was referenced more than scholar. Professor Miller 2,000 times in published loves copyright, and it federal court opinions. He is shows. also known for his national It was apparent to me media appearances, his when I was a 2L, wait-listed accomplished career as a for his class and hoping for a litigator (he has argued in spot. When one didn’t open front of the Supreme Court up, I continued to attend as
O many times and also in front an auditor. (I don’t think he miller of every federal circuit court knew at the time that I never
A renowned of appeals in the nation) and got in, since I received a expert on civil HAEL MALYSZK C I procedure, with M his pioneering publications continued on page 16 a passion for 14 harvard law bulletin wintercopyright 2008 law with E.H. Cooper, M.K. Kane and R. Marcus). advised the federal government of Canada on He became one of the most widely recognized drafting the Charter of Rights and Freedoms, legal commentators in the nation through the and completed a comprehensive review of syndicated TV program “Miller’s Court” and Ontario’s workers’ compensation system, more than 20 years as legal editor for ABC’s resulting in the creation of the Workers’ “Good Morning, America.” Compensation Tribunal. The Canadian-born Weiler has been de- Weiler was appointed by President Bill scribed by Canada’s Financial Post as “the Clinton as chief counsel to the Commission foremost labour law scholar in North America” on the Future of Worker-Management but is also known as a leading expert on sports Relations (the Dunlop Commission). He is law. Before joining the HLS faculty in 1981, the author of various books, including, most he served as an academic and arbitrator in recently, “Sports and the Law” (1998) and Ontario and later as chairman of the British “Entertainment, Media and the Law” (2002). Columbia Labour Relations Board. He also Here, two former students pay tribute.
Passion in His law. Since he began teaching Playbook at Harvard Law School, weiwe lerer an astonishing number of Onenene ofo hih s genenen ratrarationonn’’ss IF THERE’S EVER A HALL OF his students have become leale didind g schchochohollalarararssi inln labaabobborrl law,awww, FAME FOR SPORTS LAW, PAUL witw hha a pap ssssissiionon forfof r sportrts WEILER IS A SHOO-IN sports law scholars, agents, litigators, mediators and By Michael McCann LL.M. ’05 other professionals engaged The late Will McDonough, in what is quite possibly the the Boston Globe columnist, most competitive specialty once said: “When it comes within the law. Their success to sports law, Paul Weiler is a testament to the man knows the answer before who taught them things you ask the question.” such as the powers of the In fact, for many law commissioner, the legal students, attorneys and ramifications of steroid use, professors, Paul Weiler is the nuances of Title IX, the indisputably the founder of intersection of torts and American sports law and the sports, and myriad other field’s most distinguished topics that define the field member, having virtually that has so defined him. invented the specialty by Just consider, for a merging his expertise in moment, the body of written labor law with his love work he has produced, of sports. As one of his and how his students former students and now a can so readily draw on it. colleague in legal academia, Most notably, he has co- I appreciate him more and written what is probably more every day. the leading casebook on Weiler’s passion for his the subject, “Sports and the subject—and for teaching Law,” as well as numerous it—has inspired countless law review articles and HLS students to successfully journal publications that K FRIEDMAN C I
R pursue careers in sports continued on page 16
winter 2008 harvard law bulletin 15 Miller Weiler guidance. I will never forget, continued from page 14 continued from page 15 nor fail to appreciate, the enormous amount of time, concerned phone call when have established and energy and emotion he spent I missed the final exam.) substantiated the growing with me on a paper that I Luckily I was able to enroll canon of sports law would eventually publish as a 3L, happy to have the scholarship. in a law review. There were O opportunity to take the class And, aware that many certainly many demands
officially. MALYSZK people who aren’t lawyers on his time—demands Like Professor Miller, will seek instruction in that seemed to me to be I was drawn to the study His career came full circle the topic, Weiler has also much more important. But of copyright by a love of recently when he completed written more popularized never once did he put those music, movies and other an article that he began sports law entries. The demands ahead of me. Paul works of art. I remember nearly 50 years ago as a law most significant among Weiler just doesn’t do that. fondly our class discussions student. In it, he proposes them is the transformative His students always come of “West Side Story” and a functional approach, book “Leveling the Playing first. “Romeo and Juliet,” of under which courts would Field: How the Law Can It may be just a parodies like Sid Caesar’s examine whether protecting Make Sports Better for coincidence that such a “From Here to Obscurity,” an idea would create an Fans,” which, according friendly professor held and of iconic characters like anti-competitive effect and to The New York Times the prestigious Henry J. Sam Spade, James Bond whether the defendant Book Review, “combines Friendly Professorship of and Snoopy, labeled a “dog materially benefited from the broad knowledge of an Law, but it couldn’t be more right out of central casting” the misappropriation. Like all-seasons sports fan with fitting. As much as I hate to to spur discussion. When the copyright principles the clarity of an antitrust disagree with the late Will we discussed whether discussed in his 1993 article, lawyer.” Reaching both an McDonough, when it comes California might declare he places a premium on academic and a popular to sports law, it’s not about Mickey Mouse a state flexibility over specificity, audience is never easy, and the questions that Paul treasure rather than allow proposing a framework yet Weiler has done it with Weiler can answer. For me, him to fall into the public intended to withstand the the adroitness and grace as for so many others, Paul domain, I made note of the vagaries of time. that have distinguished his Weiler is the answer. P prospective date so that Professor Miller recently career. I could remind Professor wrote that he became Weiler has also been the Michael McCann LL.M. ’05 Miller of his prediction; fascinated with copyright leading public advocate for is an assistant professor at federal legislation in 1998 as a law student and has sports law. He has testified Mississippi College School of was not the precise method “loved, litigated, taught before the U.S. Congress Law and a columnist for Sports discussed, but it had the and written on questions of and met with politicians in Illustrated.com (SI.com). predicted effect. intellectual property” ever Canada, his home country, Professor Miller’s copy- since. From his scholarship on a seemingly boundless right scholarship has ex- to his teaching to his law range of issues. Many amined new technologies practice, copyright, like civil leaders here and abroad in their historical context. procedure, has always been consider him sports law’s In an influential article a labor of love for him. I have leading guru. published in the Harvard no doubt that will continue The true essence of Paul Law Review in 1993, he set to be true, to the delight of Weiler, however, cannot forth his views on protec- his colleagues, clients and be captured by the long tion for computer programs, anyone fortunate enough to list of his professional databases and computer- learn from him. P accomplishments, contacts generated works. Whereas and honors. Instead, it rests others favored sui generis Tami K. Lefko ’94 is a contract in his heart, in his soul and E legislation to cope with in- attorney in Los Angeles who in his undying warmth. Like C FFI O formation technologies, he specializes in intellectual all of his former students, S expressed confidence in the property and recently began I can personally attest to ITY NEW S ability of the copyright sys- her fourth year teaching legal his profoundly deep and NIVER tem to assimilate revolution- writing at USC Gould School unqualified compassion U ARVARD ARVARD ary technologies over time. of Law. for everyone who seeks his H
16 harvard law bulletin winter 2008 Harvard Law bulletin
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HarvardHarvvar LLaww School,S hoo burstingb r ti at thehe seams,eaams,ms needsne d a newe buildibuilding.buibuildingb With widespreadddespreadppreada ssupportpp r aandd majomajorm ggifts fromfrromm keye backers,b k r tthee schoolschoch rrairaises more moneym neneyy tthanan eveverr before,e o , andan ananticipates an Curriculum expansionxpxpansionansionnsiono iintoo aan eexcitingc i spspacspace. What’s more,ore,, thee facultya u y hhass justu mamadmade major changeschangesaangesg tto tthee curriculumcurriculum.u r c lu TheThee yeyear?r 11882.8 . ThThee dedeandea at the time: VERSION ChristopherChristopherr stophert p e CColumbusolummbu LanLaLangdell.L The newneww building:b l i g AAustinu t n HaHall—Hall—aH spacious improvementmmprovementpprovemento em n ooverver thethe ccracramped quarters of DaneDanene HaHall,ll tthehe sschool’school first home. All that’s pastppaas iis pprologue.r logue. LangdellLangde l fafamouslymmoouussly launched his new curriculumurr culum iinn ththehee 11870-71 academic year, requiringrequiring fi rsrst-yearstt-y-yeye students to study property,propperttyy, ccocontracts,onntrtra criminal law, civil procedure,proocedduururere,e,, evidenceeev and, for the first time ass a separateseeppaararara course, torts. “We are inclined toto thtthinkhihininnkk tthat Torts is not a proper subject,” sniffssnniiffffed the inflfl uential American Law Review,RReRev but by 1882 the new curriculum had alreadya become the blueprint for American legal education. 2.0 Today, in an era when law is generated as much by statutes and regulations as by judicial opinions, and when globalization and the next version of the World Wide Web will foster more collaborationtion acracross borders, a second generationn of the LaLangdell With a neww curriculum is warranted,d,, withwit nnew blueprintrintintnt ffor offff erings and focusedd programprogrprogramsrogramsogramsgrams of stustudy for students in all threeeee yearyearsearsarsrs oof lawl scschschool. legalgalall education,eed And so, alongngg withiththh theth blueprintsblubluepblueprinb for the HarvardHarHaHar new Northwestweststt CorCorneCornerornerrnernerer projectprojeppro (whic(w(which is already undernderdererr constructionconstructconstruconstruction),coconsonstruction),nstruction),struction),truction), theretherth iis a new Law SchSchoolchohooool blueprinteprintrintintnt forfor thethee buildingbubuilbuildin blockblocksbl of a legal iss breabreakingbrebrreakreaeakiakinakikin educationducationucationcationationiononn att HarvardHarvaHarH LLaw SSchSchool.Schoo BBut this isn’tisnsn’tn’tt a cascasecasesee ofo dédéjà vu alall ooverove again.a a n Here is newneneww grgground aafi fi rstrst glimpse.gglimpseglimliimp
Line drawings by adamm mccauleycaule wintert r 220080 hharvardr ar law bulletin 17 A Curriculum ofNEW REALITIESS For more than 130 years, Harvard Law School’s curriculum has been modeled on the plans drawn by Dean Christopher Columbus Langdell in the late 1800s: intense At Harvard immersion in property, contracts, torts, civil Law School, procedure and criminal some new law during the first year, answers to followed by two more years—less structured than the question, the first—in which students What do have been free to choose future most of their courses from an increasingly extensive lawyers need catalogue of specialized to know? offerings. Much of the teaching BY ELAINE has employed the case McARDLE method, born of a belief that law students can best gain the ability to “think like lawyers” by learning to make subtle distinctions between the facts and language of cases and judicial opinions. But over the last several decades, with the rise of
18 harvard law bulletin winter 2008 INTERNATIONAL AND COMPARATIVE LAW courses are now part of the first-year curriculum. 1Ls can choose between five offerings taught by seven professors, including Assistant Professor Gabriella Blum LL.M. ’01 S.J.D. ’03 (below).
Photographs by michael malyszko winter 2008 harvard law bulletin 19 specialization, globalization and an increasingly regulatory environment both at home and abroad, the practice of law has become more international in scope and has come to require a systematic grasp of statutory and regulatory institutions and practices as much as an ability to “ I spentspen a lot of glean principles from appellate deci- timet me talking sions. As a result, there has been a gath- toto alumnialum and ering consensus on the Harvard Law facultyfacul y who School faculty that the curriculum feltfelt thatth our should better ensure that students are introduced to administrative, curriculumcurric international and comparative sub- neededneede to catch jects when forming their maps of the legal world. There has also been upup withw t the a growing sense that the traditional changingchang nature focus on court opinions should be ofof thehe law in supplemented more by materials and methods that better address the role thethe wworld.”o lawyers play as problem-solvers and — D Deanean Elena leaders in public and private settings. KaganKaga ’86 That’s why, in two separate votes over the last 18 months, the faculty voted—unanimously—fifirst to implement new, optional programs of study for second- and third- year students, and then to retool the fi rst-year curriculum for the fi rst time since the late 19th century. “These are major steps forward in our efffforts pointing a faculty committee to study the issue. to develop a law school curriculum for the 21st She asked Minow to lead it. century,” said Dean Elena Kagan ’86. “Over 100 “A fter becoming dean, I spent a lot of time talk- years ago, Harvard Law School invented the basic ing to alumni and faculty who felt that our curric- law school curriculum, and we are now making ulum needed to catch up with the changing nature the most signifificant revisions to it since that time. of the law in the world,” said Kagan. “It was time I am extraordinarily grateful to the entire faculty for some change.” for its vision and support of these far-reaching Minow, who holds a master’s degree in educa- reforms.” tion from the Harvard Graduate School of Educa- tion, was intrigued but wary. She had joined the the process HLS faculty in 1981 in part because of the curricu- The unanimous faculty votes made the process of lar experiment then under way, and had been dis- curricular reform look almost breezy. In fact, the appointed when it did not continue. She wanted votes were the culmination of a three-year process to know how serious Kagan was. of intensive review and information-gathering. “I said, ‘Elena, you have to make it a prior- Proposals for curriculum reform have been ity.’ She completely did,” recalled Minow, noting discussed at HLS for several decades. In the that Kagan sought input from alumni around the 1980s and early ’90s, one section of each fi rst-year country as she traveled on HLS business, kept fac- class pursued experiments in collaborative and ulty deeply involved in the project’s progress, and interdisciplinary teaching. But the efffforts aimed placed the interests of students front and center. at reform didn’t gain enough traction among the “Elena opened her home to dinner after dinner on faculty until Kagan became dean, says Professor the issues. Something happens when people sit Martha Minow. and talk in that kind of setting, and find common Kagan set her sights on curricular reform just ground and fi nd things that could be better.” as she took the helm of HLS four years ago, ap- Minow and nine colleagues (including Kagan)
202 harvardharv law bulletin winter 2008 case-study method, with its focus on appellate decisions, would suggest. Minow says it became apparent to the committee early on that students need more training in the legislative and regula- tory processes, and also need to become adept at creative problem-solving in order to help cli- ents with real-world issues. And, she says, legal education should be expanded to include more emphasis on relevant disciplines such as econom- ics, psychology, public policy and business, not only through more opportunities for joint degrees but through cross-registration at other Harvard schools. Third, students need more guidance in shap- ing their upper-level studies so they can develop a LEARNING TO SOLVE particular focus but without being narrowed into PROBLEMS for clients, specialists. “We have the largest array of courses especially through in any law school in history,” said Minow. “It’s teamwork, is a priority in the revised curriculum. quite a smorgasbord, and it’s quite delicious and A course on complex exciting, but it can be confusing for a student to problem-solving is being wind a way through it. It did seem to us, and to offered to upper-level students this year, and students and alums, that it would be good to have will be available to 1Ls better advice on how to build a more sensible within the next two years. program of study—how to go deep, not just broad, and how to develop some sense of expertise—not because that’s what you’ll practice all your life but to see how law looks when you’re beyond the in- troductory level.” Two years ago, the committee floated some on the committee spent three years on the proj- initial recommendations in a report to the faculty. ect. The fi rst 12 months were devoted entirely to Professor Martha Field noted in an interview gathering information from faculty, practitioners, with the Harvard Law Record that this fi rst report alumni, law students and people at other law included some suggestions that the faculty did not schools. They also studied curricula at business, like. Afterward, according to Field, “there was a medical and policy schools. And they examined substantial process of listening to our objections other attempts at reforms in legal education, in- and taking them very seriously.” cluding those that had been unsuccessful. After some refifi nements and revisions, the pro- “What we quickly found was that there was posed changes were resubmitted to the faculty for enormous consensus on what the problems were,” two separate votes, culminating in the go-ahead said Kagan. “Not that legal education is broken. In for the new upper-level programs of study in the fact, it does some things extraordinarily well. But spring of ’06 and then for the changes to the 1L still, there are signififi cant gaps and real room for curriculum. improvement.” In particular, there was remark- able agreement among all the stakeholders that the changes change was needed in three key areas. How does this play out in practical terms for this First, the practice of law has become far more year’s students and for future classes? Starting in global than the traditional curriculum recognized. the fall, all 1Ls began taking a required course in Without an emphasis on an international per- legislation and regulation. They will also take a spective, Minow said, “students were not getting foundational course on international or compara- suffiffi cient preparation for what it is to practice law tive law and have several from which to choose. or work on human rights or engage in business in (See story, p. 32.) the modern world.” All students will be required to take a complex Second, law practice today is far more in- problem-solving course that emphasizes creative fl uenced by settings outside court than the thinking and the ability to draw from a variety of
winter 2008 harvard law bulletin 21 resources in order to solve real-life legal problems search opportunities,” said Minow. The programs of the sort that a lawyer might encounter in prac- of study are designed to offff er guidance but are not tice. This year, the course will be offffered to up- “majors” or “concentrations”; the goal is not to per-level students during winter term. Within the turn students into specialists but rather to make next two years, it will become part of the 1L cur- their second and third years more meaningful, riculum, beginning in an intensive winter term she emphasizes. and extending into the regular spring semester. Meanwhile, the clinical curriculum will con- To make room in the schedule for these ad- tinue to expand so students can gain more real- ditions, the calendar will be rearranged (for ex- world experience. (See story, p. 24.) “We need as ample, by creating a winter term in the fi rst year). much as possible to engage students in the role The standard 1L courses—property, contracts, of grappling with real, complex problems,” said torts, criminal law and civil procedure—will be Minow. All students are strongly encouraged to pared down from fi ve credits apiece to four. pursue clinical education in order to learn prac- The changes to the 1L curriculum complement tice skills, reflfl ect on professional roles and test fi ve new programs of study adopted by the faculty theories in practice. They are also advised to take to help 2Ls and 3Ls organize their classroom, an interdisciplinary approach to their legal educa- clinical, research and work opportunities. The tion by enrolling in courses at other schools in the initial programs of study are: Law & Govern- university. (See story, p. 38.) ment; Law & Business; International & Compara- “This new approach will draw more on legal tive Law; Law, Science & Technology; and Law & imagination,” said Minow, “and on entrepreneur- Social Reform. Others may be added, depending ship and thinking outside of the box. It will draw on the interests of students and faculty. “Students on insights and ways of thinking in other disci- interested in particular areas can consult faculty plines. These are all talents and interests that our in the fi eld and written materials about the fi eld students have, and they should be folded into the and then better navigate the enormous breadth opportunities we give them.” in the HLS curriculum, its clinical opportunities, fellowship and summer work subsidies, allied early reactions courses in other parts of the university and re- The announcement of the new curriculum made
THE CHANGES TO THE 1L CUC RRICULUM complement five new programs of study adopted by the faculty to help 2Ls and 3Ls organize their classroom, clinical, research and work opportunities in a more focused way.
22 harvard law bulletin winter 2008 headlines across a broad spectrum of the news Also, Tushnet added, “the traditional cur- media, from The New York Times to the blogo- riculum didn’t bring to students’ attention the sphere. Reactions from lawyers and analysts ran institutional characteristics of any institutions the gamut from enthusiasm to guarded optimism other than courts, and even then only indirectly, to the view that if it ain’t broke, don’t fix it. Some because there is nothing to which students can critics said the reforms don’t go far enough. An- systematically compare the courts. The new drew Cohen, legal analyst for CBS News, said course puts the comparative institutional analysis there should be even more emphasis on practical front and center.” training, including how to deal with clients, take How are students reacting? “My students depositions and handle the common tasks that certainly seem enthusiastic,” Tushnet reported. “I lawyers face. have strikingly high levels of participation in my Minow agrees that practical training is class, although some of that is surely the general important—hence the continuing emphasis enthusiasm of fi rst-semester students here.” on clinical opportunities and the school’s considerable new investments in enlarging those ongoing review opportunities. “When I’ve talked to lawyers As the new curriculum is implemented, Minow through the years, they’ve told me over and and her committee—and the rest of the faculty over, ‘We need people who can talk to clients, more broadly—will review how well it’s working. hear their issues and actually help solve their She expects faculty members in difffferent fi elds problems.’ I hear it from public interest lawyers, to meet and discuss the rela- from businesspeople, across the board,” she said. tionships among their courses, “ We need ppeopleeop e Indeed, Minow’s own father, Newton Minow, a emerging and forecasted changes lawyer who who has served in high positions in in practice, and evolving research who can talkta k both the public and private spheres, echoed this developments. She hopes they to clients,s hearhear sentiment. “He always said, ‘Bring me a lawyer will fi nd productive opportuni- their issuesues who can talk to people!’” Minow said, smiling. ties in these conversations to plan The answer isn’t to turn law schools into trade continuing refifinements in exist- and actuallya ly schools, she insists. The school doesn’t want to ing courses and future offff erings. help solveve ttheirheir dilute its strengths: teaching critical and analyti- And the benefifi ts to the students cal thinking. “Don’t make it more of a vocational will be manifold, she believes. problems.”s.” school, we were told by lawyers we consulted Minow has received phone calls — Professoror around the country, but yes, use clinics and ad- and inquiries from law schools Martha MMinowinow vanced seminars to teach students to grapple with around the country and in other complicated problems and learn new ways to deal countries. The central concern of her committee with them,” she said. “This coincides with the ex- was to improve the curriculum for Harvard Law plosion of clinics here, which is really thrilling.” School students, she says, but she acknowledges that the committee was cognizant that Harvard is early reports a leader. Most law schools adopted the curriculum While the new courses have only recently gotten designed by Langdell, she notes, and many will under way, early reports are positive. “Lawyers now look to HLS to see how it is being changed. today and in the future operate primarily in a There were moments during the last three world of statutes and administrative regulations,” years when the process of exploring curricular said Mark Tushnet, one of the professors reform was so consuming for Minow that she teaching the new 1L course on legislation and “had little time to do other things,” she said. But regulation. “Although in my view the methods of today she is delighted with the result and enjoying analysis one uses in interpreting and applying the fruits of her labor—watching the changes statutes and regulations are not dramatically unfold in the classrooms and clinics. difffferent from the methods students learn in their “It’s terribly exciting, and it’s not over,” common law courses, the process of learning she said. “If we’re successful, it’s a process those methods has a diffff erent feel when one of continuing to reflflect and improve on what works primarily with statutes and regulations. we teach and how we teach. It’s incredibly So, it’s helpful to students to ‘triangulate’ energizing.” P legal reasoning from the common law and the statutory/regulatory directions.” Elaine McArdle is a writer based in Cambridge, Mass.
winter 2008 harvard laww bulletinbull n 223 HANDS
The curriculum includes more clinical opportunities than HLS has ever off ered BY EMILY ON NEWBURGER From Jamaica (Plain) to Panama:
1. THREE STORIES
There are now 16 clinics at HLS, enabling students to do fieldwork at home and abroad. Here are some examples, taking students inside inner 2. cities and inner sanctums.
1. Preventing Another
3. Foreclosure Statistic
It’s mid-September, two weeks into 3L Anna Dittmer’s predatory lending clinic, and she and her in- structor are standing in front of the bench. Dittmer is asking Judge Jeffrey Winik of Boston Housing Court to stay the eviction of Ms. L., a 65-year-old woman who suffered
24 harvard law bulletin winter 2008 Photographs by mark ostow her (first) day in court with the director of the predatory lending clinic, Roger Bertling, representingn their client in Boston Housing Court; talking with opposing counsel (below right); consulting with the client’s guardian ad litem (below left)
winter 2008 harvard law bulletin 25 brain damage in a car accident nearly CLINICALCCLLINICALLINICLINIICACALAL two decades ago. In a refinancing, she THETTHHEE had taken on a mortgage she had no way of repaying, and the lender has EXPONENTXPONPONNENTNNEN foreclosed. It was a predatory loan, Ditt- mer knows from the first clinic work- shop. But her client’s situation is com- plex—as her instructor, Roger Bertling, suggests most cases are. Right now in the Boston area, he estimates, there are From poverty seven foreclosures a day, with 2 million looming nationally over the next two law to policy years. A small fraction will make it to analysis, The number of students learning by doing at the clinic at HLS’s WilmerHale Legal Harvard Law School has more than doubled over Services Center, in Jamaica Plain, but opportunities the past five years. In 2002-03 there were 291 clini- each has its own story of need and de- for every cal placements; in 2006-07 there were nearly 800 ception. students doing clinical work. In the case of Dittmer’s client, the interest Since Professor Gary Bellow ’60 founded the company she refifi nanced with no longer school’s fi rst clinical practice program 30 years owns the loan, the closing attorney ago in Boston’s Jamaica Plain neighborhood, the has been disbarred, someone else may WilmerHale Legal Services Center has provided placements in a variety have signed the client’s name on the of subject matter areas and now has 14 sub-clinics. But there are now loan documents and Ms. L. may have also 15 other clinical options at HLS—fifi ve of them new this year—offff ering received none of the proceeds of the students a wide variety of hands-on experiences in addition to the provi- refifi nancing. She’s been left to face bal- sion of direct legal services and representation to low-income clients. looning payments on a small Social Se- Students have new and expanding opportunities to work in a fantastic curity check. After meeting her the day array of subject matter areas, on projects involving impact and appellate before, Dittmer questions how much litigation, client counseling and negotiation, and development of public her client understands about her case. policy. In the courtroom, all Dittmer can do At the newly created Environmental Law and Policy Clinic, for ex- is try to gain more time to clear up the ample, projects include assisting the Massachusetts Executive Offiffice of murk. Judge Winik grants the delay but Transportation with the implementation of an executive order involving warns that if the closing attorney acted reducing greenhouse gases; students are helping to develop directives, unfairly, it may not affff ect the rights of regulations, statutory modififications, procurement policies and permit the evicting bank. If someone else had incentives. At the Cyberlaw Clinic at the Berkman Center for Internet & signed the loan, he adds, that would Society, students have been working with NGOs to develop a set of ethi- be another matter. If it’s a question of cal policies for use when U.S. Internet service providers do business with fraud, she will have to seek relief in regimes that censor and filter online communications. another court. “Be advised, counsel,” To support the new emphasis on clinical education, eight clinical fac- he tells the law student. “You need to ulty members have been hired. move as quickly as you can.” Lisa Dealy, director of the law school’s Clinical Program, says she Over the next two weeks Dittmer hopes the growth of the clinical community will lead to more synergies and Bertling pursue what leads they between the various clinics. Some of this is already happening. have. This year, for example, faculty and students at the International Hu- In a home visit, they find their client man Rights Clinic are collaborating with others at the Cyberlaw Clinic to be more lucid than during their first to provide context to its Internet fi ltering project. And students in the encounter. Surrounded by photographs Harvard Immigration and Refugee Clinic are tapping into the Interna- of plump babies and young people tional Human Rights Clinic’s work on gang violence in El Salvador, in smiling for the camera, she talks about effff orts to prevent repatriations. her six children and her late husband, Professor Elizabeth Bartholet ’65, head of the Child Advocacy Pro- whom she’d sponsored to come to the gram and chair of a faculty committee that looked into expanding the U.S. from their native Jamaica. But clinical program, says that the growing incorporation of clinical learning when Dittmer asks for the children’s throughout the curriculum is signaling students that “this stuffff really phone numbers, Ms. L. says she doesn’t matters.” have them. When Dittmer gets the complete
26 harvard law bulletin winter 2008 loan application from opposing coun- plications. She questions how much mer and Bertling will cross that bridge sel, the terms are some of the worst they can trust Ms. L.’s story—given her when they get to it. Bertling has seen: The interest rate brain injury—and can’t help wonder- Dittmer has a lot to do between now started at 10 percent and then quickly ing why Ms. L. is not in contact with and Nov. 16, when she’ll return to Judge rose to 13, meaning payments would her children. And maybe she would be Winik’s courtroom (in addition to Ms. have started at around $2,300. How better offff in another living situation. L.’s case, she, like most students in the could a lender make this loan to a But, Bertling says, fi rst things first. workshop, is completing a Chapter woman who has been unemployed They need to get a medical assessment VII bankruptcy). She was drawn to since her accident? According to the from the client’s doctor. Even if mental the clinic—her fi rst—as the predatory application, she was an employee of impairment is not an available defense, lending crisis was making daily head- a frame company on Boston’s North they are now probably dealing with a lines. It has more than fulfifi lled her Shore earning $8,000 a month. When straightforward predatory lending case expectations of getting to see the law in Dittmer looks at the fi le more closely, rather than fraud. The previous week practice. she notices that in addition to listing in class, Dittmer learned about 93A 2. a job her client never held, it includes letters claiming injury under the Con- pay stubs and W2s from the invented sumer Protection Act, and now she’ll employment. Even more confusing, be sending them to the broker, the law- Designing a Liturgy somebody had made a few payments on yer and the bank, demanding settle- for Dialogue the mortgage. ment. Earlier in the semester the class During one of the first workshops, covered the concept of holder in due Bertling told the students, “When your course, which indemnififies a current For 2L Dave Baron, who is Catholic, client fi rst comes in and tells you their holder of a loan from any claims a bor- it was the prospect of the clinical com- story, that’s as good as it’s going to get. rower could have against the original ponent that drew him to the class; he From then on, it gets more compli- lender. This makes a straightforward feels called to help his Church reach cated.” predatory lending suit trickier than the out and listen. 2L Becky Jaffe, a train- Dittmer is experiencing the com- claim of mental incompetence, but Ditt- ing director at the Harvard Mediation
critical mass 2Ls Dave Baron and Becky Jaffe meet with the Paulist Center’’ss reconciliation and outreach consultant, Bob Bowers, and Clinical Professor Robert Bordone ’97 after Mass in the center’s chapel. Their mission: dialogue between alienateed Catholics and the archdiocese.
winter 2008 harvard law bulletin 27 “Iff wew ddon’tdonon’t talk,ttalk thet thhe standoff offff willwilwiilll tion agreement she and Baron have drafted based on Pope Paul VI’s writ- nevernneneveevererr end,”ennd,”” one n nununu tellstllts thee studstuststudents.udedenentnts. ings on dialogue. When she gets to “AndAndndd no oone willw ill benefib fi t.”t.t” being “patient under contradiction and inclined toward generosity,” the interviewee says she thinks it sounds Program, signed up to learn more looking for an apology. Their client, wonderful, she wants to participate, about dispute resolution. She just Bowers, says the answer is no; it might but she doesn’t know whether she can hadn’t anticipated how much learning be perceived as insincere. Their super- stop herself from fi ghting to save her she’d be doing in church. visor, Bordone, too, feels it would be a church. Jaffffe and Baron are both enrolled in mistake—a goal for the event is to help Part of the students’ task is to create the Dispute Systems Design seminar, participants get at emotions and atti- a model that could be used in Paulist in which Clinical Professor Robert tudes behind their alienation. The chal- Centers around the country. To make Bordone ’97 introduces students to lenge, he says, is for clergy members it more representative, they plan to in- the use of alternative dispute resolu- to participate as individuals separate volve people concerned with a variety tion to tackle complex conflflicts within from their professional roles. of issues, including those—like gay or organizations and institutions. It’s the At the end of September, the stu- lesbian Catholics—who feel alienated fi rst year that HLS has expanded its of- dents travel to New York City to meet by particular Church doctrines. The ferings in ADR to include a negotiation others who have worked on dialogue students hope wider representation and mediation clinic, and this fall one and reconciliation within the Church. will also mean the discussion is less of its fi ve projects involves evaluating The takeaway: What they are doing likely to become a debate. a method for promoting reconciliation is much-needed but won’t be easy. (“I Before October break, a little more within the Catholic community. don’t envy you,” one priest says.) than a month before the dialogues, Bar- At the behest of the Paulist Fathers In Boston, they seek buy-in from on and Jaffff e say they’ve already learned in Boston and the Paulist Center’s rec- the archdiocese. Sister Marian Batho, a lot—about working with power dy- onciliation and outreach consultant, the cardinal’s secretary for regional namics and trying to get at underlying Bob Bowers, the students are facilitat- services, meets with them for over an interests. “We don’t expect them to ing three “safe-space” dialogues for hour. She wants to participate and will come in at 7:00 and by 9:00 they’re rec- Catholics who are alienated from the help find others to do so. She describes onciled,” says Jaffff e. But hearing the sto- Church. The aim is for participants to the disconnect that has grown between ries from both sides, they feel a height- speak in an open and frank exchange the parishes and the archdiocese over ened sense of responsibility. When with members of the Catholic hier- the past fi ve years and says it’s part people who have so much at stake are archy in Boston, including members of her job to build bridges, including willing to give speaking and listening a of Boston Cardinal Sean O’Malley’s with the parishioners who are fi ghting try, it’s an act of faith. Cabinet. It’s part of a wider reconcilia- church closings. “If we don’t talk, the 3. tion effff ort by the National Paulist Com- standoffff will never end. And no one munity in the wake of the sexual abuse will benefifi t.” scandal that fi rst broke in Boston in Two weeks later, when Jaffffe ar- A Tour Through the 2002, the closing of parish churches rives at St. Jeremiah’s in Framingham, Prisons of Panama that followed and ongoing dissension she’s early, but there’s someone inside over Church doctrine. to greet her. There’s been at least one Jaffff e is not Catholic, as she explains parishioner holding vigil in the church 3L María Luisa Romero first visited to each nun, priest and layperson she day and night for more than two and a a prison in her native Panama when talks to over the course of the project, half years, to prevent the archdiocese she was 15. It was 1996, and the coun- but she is trying to immerse herself. from closing the doors for good. In each try’s biggest correctional facility had She goes to Mass with Baron. She also interview, Jaffff e explains what she and been shut down after footage of guards looks into the process details that fas- Baron are attempting, and she hears beating inmates appeared on TV. The cinate her, such as how many people about the sources of people’s hurt and investigation that followed exposed should be involved or what the opening anger, but also about what connects violence, endemic overcrowding and question should be. them to the Church. corruption. Baron is interested in “what theol- One interviewee wonders how rep- The government moved prisoners ogy has to say about people who feel resentatives of the archdiocese can call out and opened the doors to the public disaffff ected,” and his tasks include themselves Christian. But when asked for a few days before dynamiting the researching Catholic doctrine on dia- about the Church’s strengths, she building. Romero was taken there by logue and reconciliation. They debate comes up with a long list. her father, who had been locked up and whether alienated Catholics will be Jaffff e gives her a copy of a participa- tortured as an opponent of General
28 harvard law bulletin winter 2008 C LINI C
S HT G MAN RI U NAL H O F THE INTERNATI O Y S RTE COU
for 3l maria luisa romero, documenting human rights violations in the prisons of Panama is more than a cliinical project. It’s personal. Her late father, a Panamanian political activist, was jailed for opposing the Noriega regime. C LINI C
S HT G MAN RI U NAL H O F THE INTERNATI O Y S RTE COU
winter 2008 harvard law bulletin 29 Manuel Noriega’s regime. fl oor. Some had strung strips of cloth she should realize that by listening to Romero knows that similar condi- and the cell was layered with makeshift their stories, she might be raising false tions still exist in many of Panama’s hammocks. hopes. prisons. And through the school’s In- There were no functioning toilets or Striking the right balance, she says, ternational Human Rights Clinic, she’s showers. No rehabilitation program. is something she is still learning. been able to start a project she hopes Prisoners were allowed into the court- One of the things Romero and her will help bring them international at- yard only once a week. They said that colleagues focused on was document- tention. For Romero, the project offffers the guards threw gas bombs into the ing corruption. Romero says Renacer, a chance to do something about what cells to drive them out. the model facility in Panama City, is she considers one of her country’s In other prisons, the Harvard team known to be the place where the pow- “worst human rights problems,” but heard similar stories and saw black erful are incarcerated, living in houses it’s also been an invaluable education. marks on the walls which prisoners on the property. (She imagines that In the fall of her 2L year, when she said had been made by the bombs. if Noriega were returned to Panama, enrolled in Clinical Professor James Romero talked to one man who was this is where he would serve out his Cavallaro’s Human Rights Advocacy paralyzed from the waist down but had sentence.) It’s a large, modern prison, seminar, she already had a project no wheelchair. He told her that he had with functioning toilets and running on Panama’s prisons in mind. She’d to rely on other prisoners to carry him water. Romero talked to men there who found there had been few international out when the gas bombs were thrown. had been transferred from other pris- reports on the topic since Noriega’s Lack of medical attention and un- ons, including La Chorrera. When she ouster. treated contagious disease were issues pressed one interviewee, he admitted In January, she went to Panama to in all the facilities they visited—made he had paid a $1,000 bribe to be moved. do the front-end work. During the in- worse by the overcrowding. In one Over the summer, the students dependent clinical, she had extensive prison, La Joya, in addition to stringing wrote up their fi ndings. In October, contact with NGOs. She also met with hammocks, prisoners had crawled into they returned to meet with other offiffi- prison system offifficials and members of a dropped ceiling and slept on a metal cials from the correctional system and the government, including the attorney grating that supported the electrical to visit more prisons. They plan to sub- general. wiring. mit a report to the U.N. Human Rights Weeks of negotiations followed Making matters worse, inmates Committee. Panama is up for review, between Cavallaro and the prison au- weren’t separated according to the se- and the students have requested that thorities as he tried to get guarantees a verity of their crimes. A man accused prison conditions be on the agenda. Harvard team could interview the pris- of taking a $20 bribe was in the same They will likely also submit a report oners unmonitored. cell with a man serving a sentence for to the Inter-American Commission on In March, Cavallaro, Romero and murder. Nor was there separation be- Human Rights requesting a hearing. two other students visited six prisons— tween those who had been sentenced “I’m not thinking this is going to including a detention center for women and those who were still waiting for a be the solution to the prison system in and a police lockup. Romero estimates hearing. Romero says nearly 62 percent Panama,” Romero says. “But if the gov- these facilities hold more than 70 per- of prisoners in Panama are in pretrial ernment sees that people are watching, cent of Panama’s prisoners. detention, which can go on for more they might begin to make changes.” Despite all she’d read, Romero ad- than two years. Inspired by her late father, Romero mits she was shocked by what they As the team interviewed more than plans eventually to return to Panama found at La Chorrera, the lockup 100 prisoners, the students became ex- and apply what she’s learned. outside Panama City. More than 500 perienced at knowing what to ask and She says there are many things to men were jammed into cells that were how to cross-check information from love about HLS, but it’s the clinical meant for 150. Police offifficers wore full one detainee to another. programs she is going to miss most. riot gear with gas masks. When Caval- One of the hardest things about In addition to continuing work on the laro asked them to unlock the doors, “going inside” for Romero was stop- prisons project this semester, she’s also Romero recalls, the guards acted as if ping herself from listening to whatever enrolled in the Harvard Immigration he’d asked to be thrown into a tank of inmates wanted to tell her. She says and Refugee Clinic. The clinics, she sharks. After Cavallaro insisted, they Cavallaro had trained them well to be says, “expose you to things that you let the team go in, on condition that clear that they were there to write a would be exposed to in real life—but Romero, the only woman, stay outside. report about prison conditions and that it would take you years. What are the She hung back and talked to prison- they couldn’t help with individual cas- chances that you could do all these ers through the bars. She could see the es. But sometimes she felt she needed diffff erent kinds of work in this concen- wall of bodies and feel the wave of heat. to let people talk. Cavallaro told her trated amount of time?” P There were no bunks. Men lay on the he understood the impulse, but that
30 harvard law bulletin winter 2008 THETHTHEE CCLINICSCLINNICNNICSICSCSS at a Glaance
Proliferating The Cyberlaw Clinic at the lead poisoning, and working with clients—from intake interview Berkman Center for Internet & the Conservation Law Foundation to fi nal disposition—in varied programs, for Society engages students with on a variety of water protection practice areas, including family a wide spectrum of Net issues, and environmental justice issues. law, housing law and government getting out in including governance, privacy, benefifi ts. intellectual property, antitrust, Students can receive clinical the fi eld content control and electronic credit for exploring the causes The International Human Rights commerce. and effff ects of Gender Violence Clinic gives students firsthand through placements at Equality experience with the issues, The Child Advocacy Program Now, the Massachusetts institutions, and processes of places students with lawyers Governor’s Commission on the human rights movement, representing children in Sexual and Domestic Violence, and includes travel abroad with individual advocacy cases, with the International Program for the clinical supervisors to document legal organizations promoting Center for Reproductive Rights abuses and promote the rule of systemic change through impact and other organizations. law. litigation and legislative reform, and with grassroots organizing The Government Lawyer Clinic The Negotiation and Mediation initiatives. places students with federal, Clinic provides students with real- state and local prosecutors world experience in negotiation, The Criminal Justice Institute and legislative offiffices and dispute resolution, and conflflict is HLS’s clinical program in governmental agencies. Over management, pairing them with criminal defense. Students are winter term there are placements outside organizations, institutions assigned cases at arraignments in in Washington, D.C., on Capitol and individuals. worldwide local district and juvenile courts. Hill and with a variety of clinical They also handle misdemeanor government agencies. The Sports Law Clinic places opportunities and felony cases and represent students in law fi rms and with enable HLS The WilmerHale Legal Services lawyers representing individual students to juvenile clients in administrative get hands-on and school hearings. Center is a general practice players, teams and leagues. experience in community law offiffice that far-flung places. Students in the Criminal provides clinical opportunities The Supreme Court and Appellate Above, a student Prosecution Clinic represent the for students to provide advocacy Litigation Clinic offff ers students gathers facts in India. commonwealth of Massachusetts, and transactional work for low- the opportunity to learn the skills prosecuting nonjury District income clients who need help and procedures of Supreme Court Court criminal cases. They are with disability law, employment litigation and appellate practice likely to handle arraignments, bail law, estate planning, family law, through involvement in pending hearings, pretrial conferences, health care, housing, consumer cases. motion hearings and trials. protection, real estate, special education, small business Over winter term, through the The Death Penalty Clinic offff ers problems and other issues. War Crimes Prosecution Clinic, placements primarily at capital students will be introduced to punishment resource centers in The Harvard Immigration and international courts and training the southern United States. Refugee Clinic involves students at The Hague through placements in the direct representation of at war crimes tribunals or In the Environmental Law and applicants for U.S. refugee status organizations. Policy Clinic, projects available and related protections. fall semester included analyzing impediments to the testing and In the Harvard Legal Aid use of wind power, pursuing Bureau, students make a two- litigation and legislative reforms year commitment in order to to protect inner-city children from assume direct responsibility for representing legal aid
winter 2008 harvard law bulletin 31 At HOME IN THE WORLD
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ThTThehehe nennew ew cucurrricuriiicuuluulumum
Should the Geneva Conven- emembrmbbrracrracescecessslasl lawllaawaw’sw’s’s tions apply at Guantánamo Bay? Should American courts look at incinncrenncrcreacrcrereeaseasinsinginnglyngglyglyy the laws of other countries when interpreting the U.S. Constitution? transnationalansnationannsnatinssn tiotiio What can be learned from cul- tures and countries that approach law diffff erently from the way we do? nature Questions like these will be mandatory for fi rst-year students BY JERI ZEDER at Harvard Law School, thanks to a new set of international legal studies courses that is now part of the school’s required fi rst-year cur- riculum. “We concluded that no student should graduate from law school without exposure to law beyond the United States, whether interna- tional or comparative,” said Dean Elena Kagan ’86. “This requirement should take place in the fi rst year,”
32 harvard law bulletin winter 2008 Illustration by ellen weinstein
she added. “While students are building their concep- tual map of the law universe, they should locate U.S. law LawLClLCaww CClasses Cll in an international context.” The mandatory inclusion of international legal stud- ies early in the school’s academic program reflflects the TAKTTAAKAAKEKEKEEF FFLFLI LLIIGHTI increasingly global nature of legal practice, and the growing international sophistication of the students themselves, says Professor Martha Minow, who chaired the curricular reform effff orts. Many students are enter- ing law school with backgrounds in international stud- ies or with overseas experiences, or are going abroad for ByBMBy MMargMargie agrgrgieggieiiee KKelleyKeKel Kelleelelleelleyelleyllllleleleyeyy their summer jobs while enrolled in law school. “The reforms are fi nally catching up to where our students LikLikeL ke hishhiiss peerpeeppe eeeerrss aatt Harvard Law are,” said Minow. The creation of new courses, together SShSchoSchool,ooooloool,ol NNels NeelsssH HHansHaHanansaannnsssenn ’08 faced a heavy with the law school’s plans to continue building on its acaacaacadeacademicadaadeddeeememicmicmmiiicc loadlloaooaaadd inin tthheh fall semester, strength in international and comparative legal studies, withwiththhhn nonofeoof fef feweeeweewwerwweerr than thathaann seven classes and has occurred in tandem with the recent hiring of a num- workwworkshopsorkkksshsshohohopops ffofocfocuocucucusecuscuuseusseeedd on corporate law. ber of new faculty members. ButBtB uunlikunlike nnlilikikkkee mmomostostoossttto oof hish classmates, To meet the new requirement, students will choose HansHanHHansenn een h hadaaddtd tto oota tatakakekeke all of those one from among fi ve courses, starting the second se- coucoursccourses—andoursurssees—es—a—anda d hisis eexxxams—in Japanese. mester of the fi rst year. Each of the fi rst-year courses is WiWithh p planslansananss toto ppr raaactice corporate meant to be foundational, preparing students for more llawaw iinnnJap JapJapan,panan,, H Hannsen een jumped at the advanced courses available in their second and third chanccchancehhanaanccee ttoo useuuse HaHararvrvvard Law School’s years. The courses are Public International Law, sec- studysts dyyabr abrabroadroadr ddpr progprroogogram to help him gain tions of which will be taught by Assistant Professor ana in invaluablenvalunvalluabluablebleeee ededgee in both experience Gabriella Blum LL.M. ’01 S.J.D. ’03 and Visiting Profes- anda ddpe persppeperspecersrspecsppectpectiectiective,e at Keio University sor Curtis A. Bradley ’88; Law and the International LawLaw SchSchoolSSc in Tokyo. “I hope I’ll be Economy, sections of which will be taught by Assistant able to use the skills I acquire both Professor RachelBrewster and Professor Jack L. Gold- for academic work and for interacting smith; The Constitution and the International Order, with Japanese legal and business taught by Professor Noah Feldman; and two compara- professionals in the future,” he said. tive law courses—one taught by Professor William P. Hansen is one of 12 HLS students Alford ’77, the vice dean for international legal studies, who went looking for difffferent focusing on China, and the other taught by Professor perspectives this fall by studying at top Duncan Kennedy, focusing on the development of pri- law schools around the world—from vate law systems and doctrines around the world. Hong Kong and Melbourne, Australia, As this roster of courses suggests, rather than in- to Buenos Aires, Argentina, and troduce students to the discipline through a general Cambridge, England—for either a survey course—“What would it be a survey of ?” Ken- semester or a full year. It’s part of the nedy wonders—the law school opted to require students school’s effff orts to build an increasingly to take one of several courses exploring an aspect of international curriculum through an international legal studies. Once conceived solely as expanded, more cohesive program the legal relationships between nations, “international that includes formal exchanges with law” is now generally understood to encompass much selected foreign schools as well as more than that, Blum notes, including private business opportunities for independent study relationships, and relationships between individuals abroad. and among family members; the international regula- Ways to study abroad for credit tion of transactions, criminal activities, human rights have been expanding steadily since and environmental impacts; labor; and immigration—in 2004, says Sara Zucker, director of the short, the entire range of human endeavor. “It doesn’t school’s International Legal Studies make sense to survey all dimensions,” Kennedy said. “It programs. That year, the school would be so general as to be almost useless.” launched a formal exchange program Regardless of which course they take, students will with the University of Cambridge, be introduced to the amalgam of systems, instruments, where HLS students can spend what institutions, agencies and documents that inform in-
34 harvard law bulletin winter 2008 A with some o ( o Ge South Africa); and the Universit the Witwatersrand (Johannesbur (Shan of Tok Universit o o São Paulo, Brazil Fundação GetulioVargas Universit exchan supportin wit H returning tocomplete their studies at a joint J.D./LL.M. degree be wou Switzerland f f f In a Chile(Santiago, Chile); Beijing Toronto (Canada); the University n s lawbecomesmore r “We’ve setup To h va eva ld te 10 d g y r
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k o e l f y h an P e f 35 or ff f ternational law today, says Blum. Adds Feldman, they will grapple with these elements through case studies pulled EXPORTINGEXPORTEXEEXPORTIEXPORXPORXPOXXPPOORRRTTIT from headlines, and explore perspectives by arguing from the viewpoints of judges, presidents, legislatures, interna- CurriculumCurrCCuCurricCiCurriCurricuCururuurrurriurricricririciccu tional tribunals and other international actors. The idea, says Alford, is to show national and international institu- tions in all their complexity, to explore law and custom and ReReforme how they relate, to place international legal forces in social, economic, historical, and political contexts, to consider how law moves from one society to another, and to see how law takes shape in other societies. The particular subject of each course will provide the lens through which students can fo- cus on these themes. ByBBShSy SSeSeth ethetethhhS SStSte SternStertterternerrnrn ’0’ 010 Alford, for instance, will ask his students to consider the role that formal and informal legal institutions have (or HiHHighigighigghhhin inin tthehe AnAAndnddedese mountains, five haven’t) played throughout China’s long and varied history. HarHarvHHarvardrvrrvarvvaardaarrdrdLd LawLLa awawwSch SchSchoSh S hoohooloooo alumni are chang- Looking at China’s effff orts over the past 30 years to build a iingnggt tht thehhe w wawayayay lawllaaww pprroroofessors in Colombia legal system, the course will consider “what may or may not area trt trained—andrraraineaininenedd—d—aaanndnd tthhheey are using HLS as be fundamental and universal in legal order,” he said. And aamoamod modmoodel.ddeeel throughout, he promised, he will “endeavor to link what stu- TThheheealu aalu alalums—alllluums—umss—alalalll ofo them professors dents are learning to their other fi rst-year courses.” ata Los ossAnd AndesAndAnddeses UUnivUn nivveerrsity in Bogotá—are No casebooks exist for these courses; faculty members adaptaadaptingptingt ng HHarv Harvardrvvardvav d’ss LL.M. and S.J.D. have been putting together their syllabi from scratch. “When pprogrprogprogramsogrgramsrammsmstosst tot ttheirheiirr owno school. teaching a course for the fi rst time, you try to select materi- Thheirh ultimultiultimatimatmaatetee goal is to improve als that will make the conversation rich and exciting, but you tthehe qualquaq qualityalitylityl yyof offfl lelegallegl education not just don’t know if they’ll fl y,” said Feldman. “There’s an element iinnnC ColoColCColombialombommbia,mbiambbia,bi but throughout Latin of improvisation when there is no set of prescribed materials America.AmericaAAmeriAmerici “It’s an enormously exciting to use. It’s more like jazz than classical music.” project,” says Harvard Law Professor The new fi rst-year international legal studies require- David Kennedy ’80. ment is one piece of a growing international emphasis across Most legal training in Colombia the broader HLS curriculum. Professors in courses more takes place at the undergraduate level, focused on the U.S. have introduced elements of comparative involving fi ve years of study at a uni- law to sharpen students’ understanding of U.S. law and to versity, usually without any additional raise their awareness of the ways difffferent societies address graduate-level schooling. Law is mostly similar issues. In addition, the roster of courses focusing on taught by practitioners who teach part international and comparative law has expanded dramati- time, and only one Colombian univer- cally: 2Ls and 3Ls will be able to choose from more than 70 sity offffers a doctorate for those who of these courses next year. Alford notes that HLS professors wish to pursue the academic track. As are engaging more and more with foreign scholars in teach- a result, Colombian universities have ing and research, and foreign students in the graduate pro- had to send their law professors abroad gram bring valuable non-U.S.-centric perspectives to class for additional training, usually to Eu- discussions. Students also have a variety of opportunities to ropean and American law schools. spend a semester overseas for credit (see story, p. 34), partic- That’s been the practice of Los An- ipate in international projects and programs, and even pur- des University, where, of the 32 full- sue a joint degree in the U.K. at the University of Cambridge. time members of the law faculty, the The law school’s emphasis on international and com- nine who have doctoral degrees—in- parative legal studies bodes well for the ability of its future cluding the fi ve HLS graduates—ob- alumni to inflfl uence this nascent and burgeoning field of law, tained them abroad. says Brewster. “A lot of things are being formed now,” she But if the Harvard Law alums at Los said. “These are areas where the institutions are in fl ux. Our Andes are successful, there will soon students want to embrace that. They want to be part of the be more in-country options for pursu- generation coming up with innovative answers.” P ing the legal academic track. They have already started up an LL.M. program, Jeri Zeder’s work has appeared in publications including The and if all goes well, the first batch of Boston Globe and The Jewish Daily Forward.
36 harvard law bulletin winter 2008 cambridge to colombia Liliana Obregon S.J.D. ’02, Helena Alviar Garcia LL.M. ’97 S.J.D. ’01 and Isabel Jaramillo Sierra S.J.D. ’07 (from left) are eight students will enroll in a new among HLS alumni at Los Andes University in S.J.D. program this August. Bogotá changing the way Their programs of study are mod- law professors are taught. eled on the HLS curriculum and will expose students to more legal theory than they would encounter at
PATRICIA RINCON-MAUTNER/GETTY IMAGES PATRICIA other Latin American or Spanish law schools, where the emphasis is on black-letter law, says Isabel Jaramillo Sierra S.J.D. ’07. Students will design their own two- to three-year courses of study in fields such as legal theory or economic analy- sis of law, and they will take oral exams before beginning dissertations. “We want people from other regions to come here, do their doctorate, benefifit from us and go back to their regions and teach,” says Helena Alviar Garcia LL.M. ’97 S.J.D. ’01. Kennedy says similar groups of alumni are helping change the way lawyers and law professors are trained elsewhere around the world. In Egypt, at the American Univer- sity in Cairo, Amr Shalakany S.J.D. ’00 and four other HLS alums recently started the fi rst English-language law department in the Middle East—and the fi rst human rights program in that country. More than 100 students—from Egypt and many other countries—are already studying in degree programs in international and comparative law and human rights law. Says Kennedy, who recently evalu- ated the Cairo program for the United States Agency for International Devel- opment: “I came away very impressed with the potential. They are really working against the odds, founding something new. It could be transfor- mative for legal education, law and training for national leadership in the Middle East.” P
From Colombia to Cairo, new ways of training lawyers
winter 2008 harvard law bulletin 37 The ULTIMATE CAFETERIA
With the help off Harvard Law School’s School s new curriculum reforms f and other uniuni- versity-wideversity wide changes, it’s it s getting easier for students to pursue more than one pas- It’s getting easier for law sion—and to become better lawyers. Promoting interdisciplinary study is a students to take part in major goal of the recent changes to the cur- riculum, says Professor Martha Minow, the Harvard University’s chair of HLS’s curricular reform commit- intellectual feast tee. “The practice of law increasingly inter- sects with expertise in other subjects,” she BY MARIAH ROBBINS said. “Legal education should reflflect that. Students interested in particular areas should come out of law school as well pre- pared for those areas as possible.”
more cross registration In 2006, the faculty adopted changes to the curriculum for 2Ls and 3Ls, creating distinctive “programs of study” in which students are able to pursue subjects in concentrated fashion—including courses offff ered elsewhere in the university. “The ProPrPror fesfeesssorssoor GGuuhanhanan programs of study are each designed to fa- SubSSuubbramammaniaannianan J.DJDJ .// cilitate connections with other schools and M.BMM..BB.A.AA. ’9’98 saysaaayys,s, departments at Harvard,” Minow said. “AA uniununin fieffieddc calealalleendanddad r wilwwiiillllg grearereatlytltly inincreccrrer aseasasse Said HLS Dean Elena Kagan ’86: “One oppopopppportortuniu itietiiei ssf foror stussttutuddents of the really terrififi c things about the new toto taktktakakeec claslasssessesese atat otother programs of study is that they include HarHHaa varvavarardsd schohhooolsoolllss.”.” recommendations and options for fur- ther course work available in other parts of the university. Students focusing on
Photographs by kathleen dooher Laurence Tai ’11 “It’s a challenge worth taking— you create your own track.” PromotingPiidiiligpy interdisciplinary studytdyjg iis a major j goal lf of recent t placespplacesintheworldwherehad in the world where, had who can handle multiple p dimensions of changeshtthil to the curriculum. I developed this sudden inter- inter a problem is invaluable,” invaluable ” said Profes- Profes est, I could take a course with sor Philip Heymann ’60, the faculty an expert in the fi eld the very chair of programs in law and govern- next semester, and then trans- ment. “We’re trying to get students out late it back to my law studies,” he said. in the world who can simultaneously given options to take relevant courses Shoemaker predicts that more of think about a problem in the contexts at Harvard Business School. And his classmates will look into cross-reg- of law and economics and management so forth. This is a work in progress, istration opportunities as calendar re- and politics and ethics.” but we are working hard with other form comes into place. “There’s such a Said Nicolas Cornell ’09, a J.D./ schools at Harvard to achieve this great breadth of offff erings for those who Ph.D. candidate in philosophy: “The goal.” are looking to augment their law stud- joint-degree program is getting clearer Minow added: “For the Law and ies at the other schools,” he said. “More even while I’ve been involved. More Government program, we’ve been people are thinking about it this year. students seem to be interested in it, and working with faculty in the govern- I’ve heard people talking about the the requirements are becoming more ment department and at the Kennedy classes they want to take at the divinity structured.” School to identify relevant courses, school or at FAS.” The university’s extensive resources facilitate cross-registration and work are invaluable to joint-degree candi- toward coordination in faculty ap- more joint degrees dates and cross-enrollees, said Cornell: pointments to strengthen offff erings Calendar reform is also expected to “One of the advantages of being here over time.” facilitate the pursuit of joint degrees, is availing myself of all the difffferent University-wide study is being says Subramanian, the faculty chair resources at the same time.” As a 1L, he facilitated still further by some new of the J.D./M.B.A. program. There are was able to audit graduate seminars in administrative changes, especially the presently 32 students in the joint de- the philosophy department; this year, university’s upcoming implementation gree program with Harvard Business while he works on his dissertation pro- of calendar reform in 2009, which will School—“the most we’ve had in recent spectus, he will continue meeting with put Harvard’s schools onto a more uni- years,” he said. The program saw a faculty at the law school. fi ed academic schedule. “A unififi ed cal- decline in the number of participants Said Uche Nwamara ’08, a candidate endar will greatly increase opportuni- a few years ago, but its numbers are for both a J.D. and a Ph.D. in Roman ties for students to take classes at other climbing again, he notes. history who is writing a dissertation on Harvard schools,” said HLS Professor Another 35 students are splitting fourth-century Roman marriage laws: Guhan Subramanian J.D./M.B.A. ’98. their time between HLS and the Ken- “The resources are bottomless. What When schools have diffff erent registra- nedy School of Government, pursuing attracted me to do my joint degree here tion deadlines and conflfl icting exam master’s degrees in public policy or ad- was the freedom I was given to chart schedules, cross-registration is often ministration of international develop- my own course.” He plans to take ad- impossible, he says. While students ment. Five J.D. candidates are earning vantage of Harvard’s libraries when have been able to audit courses at other master’s degrees at the School of Public he is studying Roman law codes and schools, they have not always been able Health, and another is enrolled in the ancient patristic texts to investigate to take those courses for credit. With urban planning master’s program at Emperor Constantine’s stance on legis- a unififi ed calendar, Subramanian says, the Graduate School of Design. lating Christianity. most of those impediments will no lon- In addition, 17 students are pursu- Although calendar reform is ex- ger hinder students who want to ven- ing both a J.D. and a Ph.D. at Harvard. pected to ease the burden of pursuing ture beyond the law school campus. In 2005, HLS and the Graduate School two demanding degrees, Laurence Tai, Last year, Adam Shoemaker ’08 en- of Arts and Sciences approved, for a J.D./Ph.D. candidate in public policy, rolled in an Icelandic sagas course in the fi rst time, a formal joint-degree sees a long road ahead. Tai, who will the folklore department. He was able program (as opposed to a concurrent- begin at HLS in ’08 and expects to to incorporate what he’d studied into a degree program) for such students. graduate in 2011, likens the experience comparative essay for his English Le- This year, HLS announced a loan for- to the loneliness of the long-distance gal History course at HLS, but he says giveness program, which it will fund runner. He even trained for a half- he studied medieval Iceland mainly jointly with the university, for eligible marathon last semester. “Since I’m the because it caught his interest. Now, J.D./Ph.D. candidates who pursue aca- only J.D./Ph.D. in public policy, I basi- he plans to revisit ancient Icelandic demic careers. cally represent a constituency of one,” law for his 3L paper. “I could prob- “The joint-degree programs show he said. “It’s a challenge worth taking— ably count on one hand the number of the students that we believe a person you create your own track.” P
40 harvard law bulletin winter 2008 Uche Nwamara ’08 “What attracted me ... was the freedom I was given to chart my own course.” HUSTINGS Two legendary political strategists tell us what to look for in the making of the president 2008 Insider Insights
THE 2008 PRESIDENTIAL race got off to an unusually early and competitive start. Few tax, but no candidate so far has come within political observers are better equipped to analyze how this unusual campaign year will play 10 miles of a carbon tax. out than two Harvard Law School alumni: david gergen ’67 and robert m. shrum ’68. Gergen, widely considered one of the nation’s leading experts on political messaging, has What’s the effect of the early compressed served as an adviser to four presidents: Richard Nixon, Gerald Ford, Ronald Reagan and Bill schedule? Clinton. He is currently a professor of public service and the director of the Center for Public shrum: I think that instead of making Iowa Leadership at Harvard’s John F. Kennedy School of Government, and he wrote the 2001 book and New Hampshire less important, they “Eyewitness to Power: The Essence of Leadership Nixon to Clinton” (Simon & Schuster). make them more important. Iowa and New Shrum began as a speechwriter to George McGovern in 1972 and served in a similar role Hampshire are the winnowing events. They for Edward M. Kennedy’s 1980 campaign. He went on to top positions in the campaigns of winnow the fi eld and massively change how both Al Gore and John Kerry. Shrum has also advised 30 winning U.S. Senate campaigns as people in future states are looking at the well as those of governors, mayors, and also leaders in Israel and Britain. He has just pub- race. Because of the compressed schedule, if lished a book about those experiences titled “No Excuses: Concessions of a Serial Campaign- two or three people each do well in the first er” (Simon & Schuster). primary, they could go into the February 5 In September, Seth Stern ’01 asked Gergen and Shrum to share some thoughts on the 2008 primary and split up the vote because of pro- race. They were interviewed separately, but their answers are printed together below. portional representation. There’s a 20 to 25 percent chance that will happen, but more likely we will have an early nominee.
What do you see as the central issue in gergen: We know some of the essential gergen: Most Americans are just unhappy 2008? issues. Iraq, the Middle East and the larger with the idea that this campaign season shrum: The unspoken theme is simply war on terror are going to be central. That’s started almost a year before it normally does competence, but as Michael Dukakis [’60] obvious. What I don’t know is whether and goes on and on. There’s a certain insan- showed, that doesn’t get you where you the campaign will convey the appropriate ity associated with constant campaigning. If need to go. The central theme of 2008 is go- sense of urgency about what America faces this trend continues, the presidential elec- ing to be, fundamentally, who are you going in the future and whether candidates will tion will fi nish in November, and the next to fight for, who as president are you going talk honestly about trade-offs. So far, they day the campaign will begin for the nomina- to stand up for? Change is the touch word mostly aren’t. For example, how is each tion four years later. It’s as if shops were to for this election. The big issue is obviously side going to deal with the issue of global start hanging Christmas ornaments in July. Iraq. The big domestic issue is health care. warming? They talk seriously, they even With the nominations likely to be deter- It is also a metaphor for other big domestic talk apocalyptically about the problem, but mined much earlier in the year than normal, issues: stagnation of middle-class incomes nobody has wrestled with the question of and the conventions occurring in August and and the fact that people are working harder how we put a price on carbon. Most experts September, it’s just too long to sustain sus- and not seeing their incomes go up and are believe we’re going to need both a cap and pense for a campaign. There’s going to be a having tougher times making it. trade system for carbon as well as a carbon tendency on the part of the media as well as the public to tune it out. On the other hand, it’s a magnififi cent opportunity for candidates SS to develop some long-range strategic think-
ShSShrrumum, riightgh , aboabooarrdd JoJohn Keerrerry’syyss PRE IATED ing. This pre-convention period is going to be SSOC cacamc paiigng planee iinn 200004 A six or seven months long. Is it going to be a creative time or is it going to be a time when we really feel we’re sort of marking time or wasting time? I don’t know which way it’s go- ing to go. It’s going to be a big question.
shrum: Outside of Iowa and New Hampshire and the political class, a lot of people haven’t tuned in much. People say there’s high interest in the election. That’s because they desperately want the Bush era to end. So in that sense they’re interested. But they’re not paying very close attention outside the early states. What’s been the impact of the Internet this time? shrum: Television ads are still an important part of this. TV ads are the only passive 1993: bill clinton forms of communication. You have to open hired GOP veteran direct mail; you have to go on the Internet. David Gergen to steer White House But sitting in front of the television, you will SS communications after see the ad unless you switch the channel. the travel office firings. So, every campaign is still going to invest PRE IATED SSOC substantial amounts of money in political A advertising. That said, I think the Internet is revolutionizing campaigning. For one thing, she’s the establishment candidate in a year more fl uid right from the beginning than you have to assume a camera is on you all of change. She’s rather cleverly defifi ning the Democratic race. We started out with the time. You’re always on. Unless you’re in a change as nostalgia, which is a return to the McCain substantially in the lead; then room with your closest staff people, there’s ’90s. On health care, she talks about how she Rudolph Giuliani started with 40 percent always the potential to be on camera. It’s fought for it in the ’90s and how we need to support among Republicans. Fred Thompson odd because the Internet encourages and go back and fi nish the job. Barack Obama came out of nowhere, but we don’t know demands spontaneity, but it also punishes [’91] is getting better and better. He is the where he’s going to go. Mitt Romney [’75] spontaneity. best orator to come along in the Democratic came out of the Iowa straw poll looking party in 20 years. He’s getting better and bet- strong. Evangelicals as of the moment do gergen: The YouTube debate on CNN was one ter at these debates. He embodies change. not have a candidate, but more important, of the best innovations we’ve seen, and it’s He talks about it all the time. I think he’s the war in Iraq and the threat of terrorism going to bring us more interactive debates in doing very well. have overwhelmed everything else, so the the future. I’m not sure the particular format social issues have taken a back seat for the of having people making their own little gergen: The biggest surprise in the campaign moment. But this still has a way to play out. Internet segments is going to be the wave of has been the fading of John McCain and We don’t know if, the day after the Iowa the future. There was a novelty the first time his candidacy. He seemed to be the most caucus, if Fred Thompson has won and Rudy out that was fun, but I don’t think that will formidable candidate on the GOP side and Giuliani has lost, we’re all going to rush to become a standardized format. But there’s he seemed to fade, which has been a huge say that the social issues prevailed again, going to be much more public interaction, surprise. The second-biggest surprise is how but if Giuliani wins, we’re going to say they and I think that’s extremely healthy because well Hillary Clinton has done. Early going, didn’t mean as much, and if Mitt Romney questions are fresh. They ask the questions she’s been much more effective at debates, wins, we’ll say we don’t know what it means. that arise around dining room tables, not and in general she’s run a well put together We’re in the early chapters of a long book. just in television studios, and the candidates campaign that has exceeded expectations. can’t be as scripted in these formats. You The debates have been particularly effective. shrum: When I ran Senator Kennedy’s [1994] strip away some of the veneer and there’s She’s been not only articulate and well- re-election campaign against Romney, my a little less handling and they’re more on versed on the issues, but she’s been able whole desire was to keep his Mormonism their own. Beyond that, more money has to chip away at the stereotype of who she entirely out of the race. I’m no expert on the been raised through the Internet. I think it’s is. Before the campaign began, there was a fi ne points of the religious right’s theology, made the whole process a little more “small widespread assumption that she was cold as but in the end, if it’s a choice between d” democratic. I bet the percentage of gifts a political fi gure. The woman who has shown Romney and Hillary Clinton or Barack less than a thousand dollars and less than up for the debates has been warm and Obama, I predict very little resistance to the a hundred dollars will be much higher, and gracious, and you can see changes already fact he’s a Mormon. His religion helps him that’s entirely positive. in public opinion polls. A growing number in one way. He’s such a classic flip-flfl opper in of people have warmed to her. They’re no his social views from when he was governor What’s surprised you so far? longer speaking of her in the same negative [of Massachusetts]. Because the Mormon shrum: Hillary Clinton has done a terrififi c job ways that we saw earlier. That’s not to say Church is so conservative, it tends to make making herself more accessible to people, she doesn’t have huge negatives, but she has people think he believes the fl op and not the confounding stereotypes. She’s been funny, gradually chipped away at them. fl ip. On the other hand, something he’s going loose, much more in public like the person to talk about in the general election but not I’ve seen in private. Some of the layers of How is the Republican side shaping up? And the primary is the fact that, as governor, he protection have apparently been peeled where are Evangelicals going? worked with Democrats to pass a universal away. She’s also got the problem that gergen: The Republican race has been health coverage bill in Massachusetts. P
winter 2008 harvard law bulletin 45 PROFILE For one American in Africa, home is wherever she’s needed Negotiating Her Own Path
AS A TEENAGER growing up in a suburb of tasks including examining what aid the U.S. week for months at a time. Chicago, susan d. page ’89 already knew could legally provide, given that Rwanda’s At the beginning, Page recalls, they let she wanted to live overseas: “I think it was democratically elected government had the parties vent. Negotiators from the large- an early reflfl ection of my feelings about the been overthrown. In the years following the ly southern-based Sudan People’s Liberation U.S. and how I fi t in. I have never felt like it’s genocide, Page worked for both USAID and Movement talked of being forced to convert really been home.” the State Department, helping to rebuild the to Islam while those from the government For the past decade and a half, Page has legal systems shattered by violence. of Sudan complained that a “secular” state made her home and built her career in Africa. In 2002, she turned her attention to was a rejection of the central role religion She has held a variety of posts in the region, Sudan. Appointed by the State Department, should play. Then the team set out to create culminating in her role as a key member of she joined a mediation team put together by a detailed framework for a peace agreement; the team that negotiated the 2005 Compre- a coalition of East African states to negoti- this was crucial, Page said, because it meant hensive Peace Agreement ending the 22-year ate the end of Africa’s longest-running civil that the two sides were “operating off of one civil war between northern and southern war. The conflfl ict had caused nearly 2 million single negotiating text.” Sudan. deaths, as Christian black Arabs in the south There were many times when one side Page began as a legal adviser to the State fought against a program of Islamization or the other would threaten to walk out. Department on arms deals. But, eager to use imposed by the Muslim Arab government in “We’d be sitting in the offifi ce watching the her legal skills in a developing part of the the north. At least fi ve peacemaking efforts suitcases just going out the door,” Page said. world, in 1993 she obtained a post with the had failed. Sumbeiywo, too, described the negotiations U.S. Agency for International Development Led by Lazaro Sumbeiywo, a Kenyan as “very, very tense.” But throughout the in Kenya as a regional legal adviser. She general, the team worked for three years, process, he said, Page “kept her cool,” and arrived in Africa as the violence in Rwanda sequestered in a series of hotels; toward played an important role in pushing things was mounting, and she was charged with the end, negotiations went on seven days a along. Slowly, the negotiations began to pay off. Page remembers clearly when Salva Kiir Mayardit, then a leader in the SPLM and now the vice president of Sudan, signed an susan page played early part of the agreement. “He had tears in a key role on the team his eyes, because even he never thought it that negotiated the would happen,” she said. end of the civil war Today, Page is working for the U.N.’s between northern and peacekeeping mission in Sudan, trying to southern Sudan. push both sides to fulfifi ll their promises—a new constitution and democratic elec- tions—to allow the southerners to “really participate in the workings of their govern- ment at the national level,” she said. But the governing party in the north is dragging its feet, she observes, and there’s a danger that the peace agreement could fall apart. Page has been focused on Sudan-related issues for fi ve years now and feels a need to move on—to take her negotiating experi- ence and apply it to other conflflicts. Part of her would like to move back to the U.S.—her 10-year-old son is “dying to live there,” and she’d like to be closer to her parents. Yet she and her husband, who’s from Ivory Coast, are hesitant to leave Africa. It’s not that Page views it as home, exactly—“There are a handful of us who make this kind of living home, so home is wherever we hap- pen to be stationed at any given time,” she explained—but every time she’s looked for a challenge, Africa is where she’s found it. P —katie bacon
Photograph by j carrier/getty images
NOTA BENE Mixing law and music, Paul Butler ’94 discovers that this is his time Where Every Day Is Gospel Season
ever since law school, along with his career goals, Paul Butler has pursued a long- term commitment to providing opportunities for young people.
The Gospel Music Channel
FOR PAUL BUTLER ’94, it’s been gospel music and cable television now reaches more than music 24/7—ever since he joined the Gospel networks,” he says. He’s 22 MILLION Music Channel in 2006, as vice president of involved in various aspects HOUSEHOLDS business affairs and development. of the channel’s business, It was his love of music, Butler says, from talent agreements to that steered him toward his fi rst job in brand development as well as production the Black Law Students Association’s street the industry as general counsel for Queen management tasks. law program while at HLS. For the past eight Latifah’s entertainment company in 1996, Butler says he is always aware of the years, he has served on the board of Broth- and then brought him to Viacom’s MTV and channel’s impact—GMC now reaches more erhood/Sister Sol, a Harlem-based youth VH1 networks in New York City. than 22 million households. “There’s a mes- development program for black and Latino And it was the music, and its business sage in the music that is being delivered ... youth. Even there he exposes young people potential, that drew him to Atlanta-based to people looking for a connection,” he says. to the music industry he loves. GMC, which he calls “one of the fastest- The audience includes younger listeners who When asked to pick a gospel favorite, growing cable channels in television are part of a Christian youth movement and Butler scrolls through his iPod and clicks on today.” The 24-hour channel offers a mix of “want something different in terms of music “Seasons,” a song about being grateful when traditional gospel music, Christian pop, rock, programming and entertainment.” things come together. “This is really our hip-hop and R&B, featuring concerts, music Ever since law school, along with his time,” says Butler, using words from the song videos and artist biographies. It’s Butler’s career goals, Butler has pursued a long-term to describe the potential of GMC and the job to plan its growth and development, and commitment to providing opportunities for promise of the young people with whom he to support the kind of programming “that young people. It started when he worked works. “It’s staggering where it can go.” P was meant to stand against mainstream at the Boston Juvenile Court and managed —linda grant
52 harvard law bulletin winter 2008 Photograph: gospel music channel
PROFILE Jay Munir ’01 set out to be a litigator. So how did he end up in Iraq? So how did he end up in Iraq? Career, Reconstructed
LIKE SO MANY of his classmates, when Munir arrived in Baghdad in 2006 and was development across Iraq,” Munir said. Legal jay munir graduated from Harvard Law assigned to the U.S. Embassy’s Provincial questions—particularly as they relate to the School in June 2001, he was headed for a job Reconstruction Team for Anbar Province, a development of the rule of law or the law- as a litigator at a large firm. If someone had joint civilian-military group that supports making process—come up frequently, and asked him the standard interview question, the provincial and local governments, includ- his legal training serves him well, he adds. Where do you see yourself in fi ve years? ing Anbar’s governor. Asked for a progress report, he said his answer certainly would not have been, In that role, he has organized confer- military successes in Anbar over the past “Anbar Province, Iraq.” ences to strengthen ties between provin- year have enabled civilians from the State But this past year, that’s where he was cial and local offifi cials, and he has secured Department and other agencies “to step in posted. resources for the province from the central and assist with political and economic devel- Munir did become a litigation associ- government in Baghdad. Recently, he helped opment in the province.” ate—fifi rst at Kirkland & Ellis in Washington, council members who had fl ed the province Munir’s yearlong tour in Iraq ended just D.C., and later at Greenberg Traurig in under insurgents’ threats to return to the before the new year. When an interviewer Miami—and he clerked for a federal district provincial capital of Ramadi, arranging for asked him recently where he sees himself judge in Florida along the way. But the logi- the Marines to transport them there for in fi ve years, he didn’t offer a prediction, cal progression of that career trajectory was meetings aimed at restoring the provincial but he rattled off the commitments that thwarted even before he started the fi rst of government. His job also entails sharing the will fi ll up most of his life until then: “I have those jobs, derailed by the terrorist attacks American viewpoint with Anbari offificials and assignments with the State Department in of 9/11, just three months after he finished ordinary citizens, he says. Jordan, Tunisia and Syria over the next four law school. “Our goals are to bolster moderates, years.” P “After September 11, I was determined to promote reconciliation and foster economic —robb london ’86 fi nd a job that allowed me to serve America in places where I felt I could contribute the most,” said Munir, who grew up in After Sept. 11, Munir waw s ded terminedd to fif ndn Grand Rapids, Mich., a job serving the U.SS. ini A PLAACECE wheree he and graduated from could contribute. Yale University with a B.A. in political sci- ence. “My parents immigrated to the United States from Pakistan. They have always encouraged my sister and me to fi nd ways to give back to the United States and the Ameri- can people who have given us so much.” Fluent in French, Arabic, and Urdu, Munir joined the Foreign Service in 2004 and was soon posted to Jeddah, Saudi Arabia. The contrast between his new life and his law fi rm days became frightfully apparent just two weeks after his arrival, when five staff members were killed in a terrorist attack on the consulate. After that, he said, “confront- ing terrorism and extremism became a deeply personal issue for me.” After completing his tour in Saudi Arabia jay munir at the in early 2006, Munir joined the political sec- Hands of Victory tion of the U.S. Embassy in Paris, heading up monument in the Green Zone in Baghdad its outreach to French Muslims. But when he learned that the State Department needed Arabic-speaking volunteers with regional experience for the mission in Iraq, he knew he had to sign up: “I loved my job in Paris, but I wanted to contribute where the need was the greatest.”
Photograph by wathiq khuzaie/getty images 1 2 Fall reunions A long weekend of well-deserved autumn leave
photographs by tanit sakakini
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1. 1977 classmates Abraham Jones, Robert McDonald 2. Rodney 5 Loeb ’52 LL.M. ’57, Charles Dixon ’52, John Larson ’52, Richard 6 Dill ’52 3. 2002 classmates Jeannie Suk, Eve Madison-Rodsky, Heather Paulson 4. 2002 classmates Kimberley Arigbede, Shannon Manigault, Kiisha Morrow 5. David Epstein, Ruth S. Epstein ’77 6. Lev Dudkin and June Zaporojan (father and daughter of Dina Dudkin ’02) 7. Yukinaga Kojima LL.M. ’02, Andres Romero LL.M. ’02, Thibaut Partsch LL.M. ’02, Roberto Figueroa LL.M. ’02, Edsel Tupaz LL.M. ’08, Lucia Vaca-Izurieta LL.M. ’02 8. Adam Weiss ’92, Maria Victoria Vargas LL.M. ’92 9. Christopher Van der Hauwaert LL.M. ’87, Sheela Murthy LL.M. ’87, and Ruenvadee Suwanmongkol LL.M. ’87 10. 1977 classmates Bill Wilkins, Nicholas Sakellariadis 11. 1962 classmates Lillian Zeisel Cohen, Stephen Samuels 12. 2002 classmates Suzanne Stolz, Natalie Fay Green 13. Fred Sonnenfeld ’52 14. Paul Clement ’92, after delivering the keynote luncheon address 78
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winter 2008 harvard law bulletin 57 LOOKING FORWARD Calendar jan. 25, 2008 may 2-4, 2008 oct. 23-26, 2008 HLSA of New York City Annual HLSA of Europe Fall Reunions Weekend Luncheon 617-495-3173 Classes of 1948, 1953, 1963, 1978, Harvard Club of New York City 1988, 1993, 2003 & Emeritus Club 617-384-9523 june 5, 2008 Harvard Law School Commencement 617-495-3173 march 13-15, 2008 Harvard Law School Public Interest Reunion 617-495-3129 april 23-26, 2009 Harvard Law School Spring Reunions Weekend 617-495-4698 sept. 19-21, 2008 Classes of 1959, 1969, 1974, 1984, Celebration 55: The Women’s 1999 may 1-4, 2008 Harvard Law School HER Leadership Summit Spring Reunions Weekend OO Harvard Law School 617-495-3173 Classes of 1958, 1968, 1973, 617-495-4698
1983, 1998 D KATHLEEN oct. 22-25, 2009 Harvard Law School Fall Reunions Weekend 617-495-3173 For the latest on Harvard Law School Classes of 1949, 1954, 1964, 1979, Association events, go to www.law.harvard. 1989, 1994, 2004 & Emeritus Club edu/alumni/association/calendar.htm. Harvard Law School 617-495-3173
Serve Inspire the public future generations Celebrate public interest
Join us for Harvard Law School’s first-ever PUBLIC INTEREST REUNION A Celebration of Public Interest March 13-15, 2008
• Pursue social justice in the new millennium • Connect with classmates and lawyers doing public interest and pro bono work • Inspire current and admitted students to go into public interest careers • Celebrate each other’s contributions, share victories and challenges • Generate new ideas for serving the public For more information, please visit: www.law.harvard.edu/alumni/pic
58 harvard law bulletin winter 2008 OBITUARY INFORMATION In Memoriam Details may be sent to Harvard Law Bulletin, In Memoriam Editor, 125 Mount Auburn St., Cambridge, MA 02138
1920-1929 g. robert witmer ’29 of president of the board of the Barnert Memo- day school, which later became Campbell Webster, N.Y., died Sept. 6, 2007, at the age rial Hospital Center of Paterson, a trustee Hall-Argyle Academy. of 102. He served 49 years in the New York of the United Jewish Federation of North elwood s. “woody” levy ’36 of Sara- state courts, as a surrogate judge, justice of Jersey Senior Citizens’ Home, and an active sota, Fla., died April 27, 2007. Formerly of the Supreme Court, associate justice of the member of New Jersey’s business, legal and Philadelphia, he was a partner at Richter, appellate divisions in the First Department philanthropic communities. Lord & Levy and a solo practitioner. A (New York City) and Fourth Department radcliffe killam ’35 of Laredo, Texas, founding member and president of the (Rochester), and after retirement as judicial died Sept. 8, 2007. A president and owner of Philadelphia Trial Lawyers Association, he administrative officer. From 1936 to 1945, he Killam & Hurd, an independent oil producer was admitted to the American College of was a supervisor for the town of Webster. A and operator, he began working in the South Trial Lawyers in 1968. He received the Fidel- life member of the American Law Institute, Texas oil fields for his father’s company ity Bank Award for improving the quality he attended his 75th Harvard Law School as a teenager and returned to the business of justice in Philadelphia and the 1982 Jus- reunion in 2004. He was the father of G. after graduating from HLS. He donated 300 tice Michael A. Musmanno Award for his Robert Witmer Jr. ’62. acres for Texas A&M International Univer- contributions to tort law and the judicial sity in Laredo and was the primary private selection process. In 2006, he was honored 1930-1939 harold s. lynton ’32 of donor for the university’s Center for the by the Philadelphia Bar Association for his New York City died June 11, 2007. He was a Study of Western Hemispheric Trade. One 70 years of service. He was a naval air com- partner at Shea & Gould and of counsel to of the state’s first landowners to implement bat intelligence officer in the Pacific during Dornbush Schaeffer Strongin & Venaglia in a game management program, he was also WWII. New York City. instrumental in the creation of Lake Casa alan v. lowenstein ’36 of Maplewood, philip s. agar ’33 of Rye, N.Y., died Feb. Blanca as a reservoir. He served on a num- N.J., died May 8, 2007. For 60 years, he was 10, 2007. For 67 years, he was a partner at ber of corporate and community boards. He a banking and business lawyer, and he co- Windels Marks Davies & Ives. For 25 years, enlisted in the U.S. Navy in 1942, served as founded Lowenstein Sandler in Newark in he was vice president of the Larchmont a commanding officer of a PT boat based in 1961, later overseeing the firm’s expansion Manor Park Society. During WWII, he was the Pacific and retired as a lieutenant com- from five attorneys to more than 250. In the a lieutenant in the U.S. Navy in the Pacific. mander in 1945. 1950s, he headed the Newark Charter Com- alexander s. cunningham ’33-’34 of wesley l. lance ’35 of Clinton, N.J., mission, which drafted the restructuring of Sarasota, Fla., died Aug. 12, 2007. He was died Aug. 25, 2007. A former state Senate Newark’s government, allowing for the di- senior vice president of the Irving Trust Co. president, he served New Jersey for more rect election of the mayor. After graduating in New York City, where he worked for 23 than 70 years—as a New Jersey Legislature from HLS, he worked for the predecessor years. A 1933 graduate of Dartmouth Col- representative from Hunterdon County of the U.S. Securities and Exchange Com- lege, he was active in the Dartmouth Club, in the 1930s, as a judge of the Hunterdon mission. He was the principal draftsman and in 1985, he received an Outstanding County Court and most recently as the at- of the Banking Act of 1948 and chairman of Achievement Award for his exceptional con- torney for the township of Lebanon. In the the New Jersey Corporation Law Revision tributions to the community, the college and Senate, he concentrated on fiscal and con- Commission. He was a board member of his profession. stitutional issues and matters dealing with the New Jersey Symphony Orchestra and its d. nelson adams ’35 of Barneveld, N.Y., commuter rail transportation and water president from 1971 to 1973. In 1999, the Alan and New York City died May 31, 2007. A supply. He was a principal co-sponsor of the V. and Amy Lowenstein Foundation created longtime partner of Davis Polk & Wardwell, Fox-Lance Act, landmark tax abatement leg- the New Jersey Institute for Social Justice. he joined the firm in 1936. He was elected islation that fostered urban redevelopment joseph h. moran ii ’36 of West Palm partner in 1949, served as head of the tax in New Jersey. He was also a delegate to the Beach, Fla., died Sept. 3, 2007. He was an department and was named managing part- 1947 New Jersey Constitutional Convention, executive vice president of Moran Towing ner in 1970. He also served as president of whose members completely rewrote the Corp. in New York City. He was also a direc- the Buckley School and was a trustee of the state constitution. During WWII, he entered tor of Christiania General Insurance Corp. Bugher Foundation, the National Hyperten- the U.S. Navy and served in the Pacific the- and president of the Horizon Foundation. sion Association, the Schuyler Center for ater aboard the USS Boxer. During WWII, he was a lieutenant in the Analysis and Advocacy, and the Foundation lawrence f. edmisten jr. ’36 of Studio U.S. Navy. for Mood Disorders. He was president of City, Calif., died Oct. 5, 2007. A solo prac- lawrence s. rosenstrauch ’36 of the Harvard Law Review and a law clerk titioner in Studio City, he was president of Columbus, Ga., died Sept. 21, 2007. He was to Judge Learned Hand LL.B. 1896 of the the Burbank and San Fernando Valley bar a general practitioner for almost 25 years U.S Court of Appeals. From 1942 to 1946, he associations and a 50-year member and in Columbus, where he was also a member served in the U.S. Army Air Forces, attain- president of the Studio City-Sherman Oaks of the Columbus Lawyers Club. In 1970, he ing the rank of lieutenant colonel. Rotary Club. He was once involved in a moved to Florida and, at 61, took the Florida herbert i. katz ’35 of Fort Lee, N.J., lawsuit that pitted one of the Three Stooges bar exam. In Florida, he was a trust officer died Aug. 27, 2007. A solo practitioner in against another, and he helped lay the legal of the Broward National Bank, vice presi- real estate and corporate law, he was chief groundwork for establishing labor unions at dent of Pensacola Title Insurance Co., and executive of a real estate, industrial and the major movie studios. He contributed to a department attorney for both the Florida commercial development concern. He was the establishment of an Episcopalian Sun- Department of Community Affairs and
winter 2008 harvard law bulletin 59 i n memo riam
the Department of Law Enforcement. He der and Stephen Minister of Sequoyah Hills meteorologist and in the Judge Advocate returned to Columbus in 1983 and helped Presbyterian Church and worked for many General’s Corps in the U.S. Army Air Forces found the Service Corps of Retired Execu- years for Gideons International, an evangel- in Okinawa. tives. During WWII, he served in the Judge ical Christian organization. During WWII, adolph f. kohlmyer ’41 of Lorain, Advocate General’s Corps in the Philip- he served in the U.S. Army Air Forces and Ohio, died April 6, 2007. He was the busi- pines. attained the rank of lieutenant colonel. ness manager for the Lorain Board of Edu- j. maynard kaplan ’37 of Columbus, cation for more than 30 years and the owner Ohio, died July 15, 2007. Self-employed in the 1940-1949 benjamin aaron ’40 of and manager of Kohlmyer Hardware and manufacturing and investments businesses, Santa Monica, Calif., died Aug. 25, 2007. Appliance Inc. Before joining the military he served on a number of boards, includ- A labor law scholar, he was the director of during WWII, he worked in the legal de- ing Columbus Steel Industries, Columbus the Institute of Industrial Relations at the partment of the Bendix-Westinghouse Air Jewish Federation and Wexner Heritage University of California from 1960 to 1975 Brake Co. in Elyria. He served in the U.S. House. In 2001, he wrote “New Millennium and a member of many presidential labor Navy and attained the rank of lieutenant. Limericks for Grandmothers and Others” commissions. During WWII, he was direc- alvin s. lane ’43 of New York City died (Dorrance Publishing Co.). During WWII, tor of the National War Labor Board, which Sept. 13, 2007. For more than 40 years, he he became fluent in Japanese and served in set wage guidelines and reviewed collective- was a partner at Wien Lane & Klein in New U.S. naval intelligence deciphering Japanese bargaining agreements. During the Truman York City. A collector of modern sculpture military coded messages. administration, he was vice chairman of the and sculptors’ drawings, he donated his col- alan mcclennen ’38-’40 of Brew- National Wage Stabilization Board. In 1965, lection to the Chazen Museum of Art of the ster, Mass., died July 16, 2007. A longtime he was appointed by President Johnson to University of Wisconsin. He joined the U.S. resident of Lincoln, he was the planning the National Commission on Technology, Navy in 1942 and left the service four years and development director of Cambridge, Automation and Economic Progress. He later with the rank of lieutenant. Somerville and Waltham for 25 years. He mediated or investigated many significant templeton smith ’43 of Pittsburgh was a charter member of both the American labor issues, and in 1962, he was president died June 15, 2007. For 38 years, he was an Planning Association and the American In- of the National Academy of Arbitrators. In attorney at Koppers Co. before being named stitute of Certified Planners, where he was 1966, he formed the Comparative Labor Law vice president and general counsel of Key- chairman of the New England chapter. He Group with prominent law scholars from stone Environmental Resources, a Koppers began his career planning housing develop- six countries. Over the next 12 years, the subsidiary. After retiring, he served as an ments for the National Housing Agency. group produced three books on the topic. arbitrator in environmental lawsuits. For During WWII, he served as a radar officer james b. dwyer ’40 of Erie, Pa., died many years, he also maintained 1,000 acres in the U.S. Navy. June 5, 2007. He was a judge of the Orphan’s of farmland, producing livestock and field russell o. bennett ’39 of Evanston, Court of Erie County, later the Orphan’s crops. He was a member of the Mt. Lebanon Ill., died May 19, 2007. A tax and securities Court of Common Pleas. He was elected school board in the 1990s, and he also sat lawyer, he was a founding member of Lieb- to the bench in 1963 and was named presi- on the zoning hearing board. He served as a man, Williams, Bennett, Baird and Minow, dent judge of the court in 1980. In 1985, he U.S. Navy ordnance officer during WWII. which merged with Sidley Austin in 1972. became senior judge, and he served until augustus w. soule jr. ’43 of West- He retired in 1997. Active with the Church of 1995, presiding over more than 5,500 adop- wood, Mass., died July 10, 2007. Formerly of the Holy Comforter in Kenilworth, he was tions. He began his legal career at English, Dedham and Duxbury, he was a probate at- a member of the Bishop and Trustees of the Quinn, Leemhuis and Tayntor, later known torney and partner at Herrick, Smith, Don- Episcopal Diocese of Chicago. A legal advis- as Quinn, Leemhuis, Plate and Dwyer. He ald, Farley and Ketchum for more than 35 er and trustee of Seabury-Western Theologi- served on many boards, including those of years before becoming of counsel at Sullivan cal Seminary, he was awarded an honorary the Saint Vincent Health Center, Mercyhurst & Worcester. For 25 years, he was president doctorate in canon law in 1983 by the semi- College and United Way of Erie County. He of the board of trustees of Dexter School. He nary. During WWII, he was an intelligence worked for the FBI in 1940 and, in 1944, also served on the boards of Dedham Insti- officer and attained the rank of major. After joined the U.S. Marine Corps as a lieutenant. tute for Savings and the Boston Children’s the war, he worked with the U.S. Strategic bernard miller ’40 of Harrison, N.Y., Museum. A direct descendant of Mayflower Bombing Survey in Asia. died June 1, 2007. He was owner and man- pilgrims, he served as governor of the Mas- hector d. laudati ’39 of Narragansett ager of Miller & Miller, a real estate firm in sachusetts Society of Mayflower Descen- and East Greenwich, R.I., died May 9, 2007. New York City, where he was involved in dants. During WWII, he served in the U.S. He was a solo practitioner in Providence, real estate investment with his twin brother, Army on classified projects for Army intel- where he grew up. He was elected to the city Saul Miller ’40. He was a comedy writer in ligence. He attained the rank of captain. council and served eight terms. He spon- the early days of television, and he wrote a. warren wilkinson ’43 of Vero sored a team in the Silver Lake/Olneyville Captain Marvel Comics for Fawcett Publica- Beach, Fla., died Sept. 13, 2007. Formerly of Little League for more than 50 years, and tions. With his brothers, he donated one Brunswick, Maine, and Wellesley, Mass., the Hector D. Laudati Little League Field of the largest private collections—approxi- he was a partner at Peabody & Brown in at Neutaconkanut Park was named in his mately 40,000 volumes—of humor books Boston. honor. During WWII, he served in the U.S. to Brown University in the early 1990s. For thomas r. hunt ’44 of Greenville, Del., Coast Guard. 10 years, he served on the town of Harrison died June 11, 2007. A longtime employee of john a. rowntree ’39 of Knoxville, Planning Board. Hercules Inc., he retired as assistant general Tenn., died June 8, 2007, on his 92nd birth- william p. salisbury ’40 of Kansas counsel in 1985. Early in his career, he prac- day. An antitrust litigation attorney, he City, Mo., died Sept. 6, 2007. He worked ticed law with the firm of the late Delaware practiced law at his family’s firm, Fowler, for the Office of Economic Opportunity Sen. Daniel Hastings. During WWII, he Rowntree and Fowler, and twice argued be- and for the Portland Cement Association served as a sergeant in the Counter Intel- fore the U.S. Supreme Court. He was an el- for 19 years. During WWII, he served as a ligence Corps.
60 harvard law bulletin winter 2008 IN MEMORIAM Robert E. Keeton, 1919-2007 So how did he end up in Iraq? Legal Pioneer and Judge
PROFESSOR EMERITUS ROBERT E. KEETON S.J.D. ’56, a pre-eminent scholar of insurance law, torts and trial tactics who served as a U.S. District Court judge for 27 years, died July 2 at the age of 87. Keeton was the author of several inflfl u- ential legal treatises, including “Tort and Accident Law.” Harvard Law School Profes- sors Henry Steiner ’55 and Lewis Sargentich ’70 collaborated with him on two editions of this work. Steiner recalled how much he valued Keeton as a colleague and collaborator: “It wasn’t just that I benefifited from his views about the fi eld’s history and dilemmas. More important, I deepened my understanding of its various forays into regulatory regimes and of his extraordinary contribution to that powerful development. We enjoyed the warm, generous and instructive companion- ship that Bob offered.” One of Keeton’s most important contribu- tions to insurance law was a study he co- wrote on the automobile insurance system and published in the late 1960s. It led to the passage of Massachusetts’ no-fault auto insurance law. Keeton’s older brother, W. Page Keeton colleagues S.J.D. ’36, was also a well-known scholar of will miss Keeton’s tort law who served as the dean of the Uni- “warm, generous versity of Texas School of Law. The brothers and instructive collaborated on several projects, including companionship.” RD the legal treatise “Prosser and Keeton on Y HILLA Torts,” for which Robert Keeton was a con- R tributing editor. HEN In 1954, he joined the HLS faculty. Author memorated Robert E. Keeton for being never War II, he earned a Purple Heart after his of “Trial Tactics and Methods,” he created absent and never tardy. It said a lot about ship, the escort aircraft carrier USS Liscome the school’s trial practice program. It became what was important to him.” Bay, was struck by a Japanese torpedo on the Trial Advocacy Workshop and was emu- While on the bench, Keeton presided Nov. 24, 1943, and he spent hours in the lated by law schools around the country. over several notable cases, including the ocean clinging to debris. Known among students both for his Kenneth Conley trial. Conley, a Boston police After the war, Keeton returned to private Socratic style of teaching and for his sense offifi cer, had been convicted of perjury in practice in Houston and later taught at the of humor and warmth, Keeton carried those connection with a case involving the beating Southern Methodist University in Dallas characteristics with him when he left HLS for of another offifi cer in 1995. Keeton found that before joining the HLS faculty. the federal bench in 1979, after being the prosecutors failed to turn over exculpa- When he retired from the federal bench appointed by President Jimmy Carter. tory evidence, and he ordered a new trial, an in 2006, he was the oldest member of the Emily Frug Klineman ’00, who clerked for outcome that was upheld on appeal in 2005 federal judiciary in Massachusetts. Mark L. Keeton in 2001, recalled the value he placed and eventually led to the conviction being Wolf ’71, the chief judge of the U.S. District on humility: “One of my favorite things vacated. Court in Boston, told The New York Times: about his chambers is that he had hanging, Born in Clarksville, Texas, on Dec. 16, 1919, “He taught many of us on the federal bench among recognition from the national confer- Keeton obtained a B.B.A. and an LL.B. from when we were students at the Harvard Law ence of judges and the other various honors the University of Texas. He practiced law in School, and he was still teaching us until the he had accumulated over the years, a little Houston until going into active duty with end of his judicial career.” P plaque from his elementary school that com- the Navy. Serving as a lieutenant in World —emily dupraz
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charles j. mcgovern ’44 of Warwick, h. livingstone barrett jr. ’47-’48 of WWII, he served in the U.S. Army. R.I., died Aug. 15, 2007. He had practiced Sudbury, Mass., died July 8, 2007. Formerly william wesselhoeft ’48 of Seattle law in Rhode Island since 1948 and, most of Wayland, he was a professor of finance died July 20, 2007. A Seattle attorney for recently, was a partner at McGovern, Noel at Babson, where he taught for 18 years. He more than 50 years, he practiced law with and Benik in Providence. For many years, worked for several companies, including Ferguson & Burdell until 1992, when that he was chairman of the Rhode Island Judi- Interpolymer, a corporation founded by one firm merged with Schwabe, Williamson & cial Council, and from 1965 to 1974, he was of his students. He began his teaching career Wyatt. He specialized in litigation and was chairman of the Warwick Fire Station Build- at Boston University. He was a trustee of a member of the American College of Trial ing Commission. An Eagle Scout, he served the Wayland Public Library and was also a Lawyers. In 1974, he was elected president as legal counsel and on the board of the Boy member of the building committee of First of the Seattle-King County Bar Association; Scouts of America’s Narragansett Council. Parish of Wayland. He served in the U.S. in 1978, he was elected to the state bar’s In 1991, he received the Rhode Island Bar Navy in San Diego and in the Philippines board of governors; and he later served a Association’s Community Service Award for during WWII. term with the ABA’s House of Delegates. his pro bono legal work for scouting. During gerald harwood ’48 of Gaithersburg, He served on the destroyer USS Russell in WWII, he served in the U.S. Navy aboard Md., died Sept. 21, 2007. He was chief ad- Pearl Harbor while in the U.S. Navy during the USS Dehaven as a torpedo and gunnery ministrative law judge for the Environmen- WWII. officer in the Pacific theater. He received five tal Protection Agency, and for 23 years, he william e. macintyre ’49 of Boston battle stars and attained the rank of lieuten- worked for the Federal Trade Commission, and Wilmington, Del., died June 6, 2007. ant. attaining the position of assistant general He was general counsel of DuPont Inter- michael t. sullivan ’45-’47 of Green- counsel. He was a president of the Lincoln national and assistant general counsel of dale, Wis., died March 20, 2007. A judge for Westmoreland Housing Organization and, DuPont de Nemours. He served as chairman 41 years, he served on both the Milwaukee with his wife, Carolyn, founded PLAN of of the Delaware Chamber of Commerce County and Circuit Courts and on the Wis- Maryland-D.C., a nonprofit dedicated to and was vice president of the American consin Court of Appeals. In 1953, he was assisting the mentally ill. Heart Association. A double-protégé of Ted sworn in, at the age of 28, as the youngest christian a. herter jr. ’48 of Wash- Williams, he was coached by Williams in judge of the Milwaukee County Circuit ington, D.C., died Sept. 16, 2007. A lawyer Boston on his youth baseball team, and later Court. During his 29 years on the trial court and professor, he taught international envi- Williams served as his flight instructor at in Milwaukee, he served in every division ronmental law at Johns Hopkins University the Naval Aviation School in Pensacola, Fla. and as chief judge, a position he held for School of Advanced International Studies During WWII, he was a naval aviator. He five years. In that role, he was instrumental for almost 20 years. In the 1970s, he worked also served as a flight instructor and in the in getting grant money for Project Turn- for the U.S. State Department, where, among Judge Advocate General’s Corps during the around, which helped establish the county’s other duties, he chaired conferences on en- Korean War. victim-witness program, sensitive crimes dangered species and the law of the sea. He lawrence n. marcus ’49 of Delmar, unit and domestic violence unit. He later re- was a deputy assistant secretary of state for N.Y., died May 3, 2007. He worked as agency turned to the bench as a reserve judge. environmental and population affairs and counsel in the New York State Office of arthur c. warner ’46 of Princeton, served as deputy U.S. commissioner on the Parks, Recreation, and Historic Preserva- N.J., died July 22, 2007. He taught history at International Whaling Commission in the tion, was deputy director of the bureau for the University of Texas and Rider College 1980s. During WWII, he served in the U.S. municipal police for the State Division of and was dedicated to civil rights, especially Army in Europe and received three Bronze Criminal Justice Services for 11 years and the rights of gay citizens. He also founded Stars and the Purple Heart. worked in management for the Judicial Sentience Foundation, a nonprofit dedicated william l. hungate ’48 of St. Louis Conference (the forerunner of the Unified to sponsoring research and programs to ex- died June 22, 2007. A federal judge and con- Court System), eventually serving as act- pand the capacity, maintenance and health gressman, he represented the 9th District in ing administrator. During WWII, he was a of the brain. He was a second lieutenant in Missouri from 1964 to 1977 and sponsored fighter pilot in the U.S. Army and served as the U.S. Navy during WWII. the second article of impeachment against a weather reconnaissance flyer in Italy. henry a. moran jr. ’47 of Long- President Nixon in the House Judiciary william e. murray ll.m. ’49 of Charles- meadow, Mass., died April 5, 2007. A trial Committee in the Watergate matter. He later ton, S.C., and New York City died Aug. 4, attorney for more than half a century, he served as chairman of the Criminal Justice 2007. During his 50-year law career, he practiced law at Moran & Moran in Spring- Subcommittee and led its investigation of practiced in New York, Georgia and South field and was special assistant attorney President Ford’s pardon of Nixon. From Carolina. A real estate developer and entre- general of Massachusetts in the 1960s. He 1979 to 1992, he served on the federal district preneur, he founded and served as chair- was assistant district attorney in Hamp- court in the Eastern District of Missouri. man of the board of the East Bay Co., which den County from 1972 to 1980. He also was seymour b. jeffries ’48 of Woodmere, has been instrumental in revitalizing many town counsel of Longmeadow, served on N.Y., died July 25, 2007. A solo practitioner historic sections of Charleston. He helped the School Building Committee, and was an in Woodmere, he specialized in corporate found the School of Languages, Cultures and adviser and board chairman of the Willie and administrative law. He was general World Affairs at the College of Charleston Ross School for the Deaf. An altar boy at the counsel and a board member of Gyma Labo- and was twice awarded the Order of the Pal- first consecrated Mass at St. Mary’s Parish ratories of America and Evergood Products metto, the highest civilian honor awarded by in Longmeadow, he was recognized as the Corp., and he served on the advisory board the governor of South Carolina. He served on church’s oldest parishioner during its 75th of the Stecher & Horowitz School of Arts. a number of boards, including those of the anniversary celebration in 2006. A navi- martin a. weil ’48 of South Orange, Medical University of South Carolina, East gator in the U.S. Army Air Forces during N.J., and Delray Beach, Fla., died May 22, West Institute and Sloan Kettering Cancer WWII, he served in North Africa, Italy and 2007. For more than 50 years, he practiced Hospital. During WWII, he served in the southern France. law in New York and New Jersey. During U.S. Naval Reserves as an engineering officer
62 harvard law bulletin winter 2008 IN MEMORIAM Clark Byse, 1912-2007 ‘He was Kingsfi eld, but also so much more’
PROFESSOR EMERITUS CLARK BYSE, Byse became president of the American Award from Columbia Law School, where he celebrated as much for his toughness in Association of University Professors, received his LL.M. and S.J.D. degrees. teaching as for his warmth and kindness to an organization devoted to preserving “He was highly regarded by his col- students and colleagues, died Oct. 9. He was academic freedom, in the mid-1960s. leagues for his judgment,” said HLS Profes- 95. “Teachers in institutions of higher learning sor Emeritus Bernard Wolfman, who knew A legend on the HLS campus and beyond, must be as free as possible from restraints Byse for over 50 years, going back to when Byse was a leading scholar in administrative and pressures which inhibit thought and Byse taught Wolfman’s contracts class at law and was also known for his vigorous action,” he wrote in a Harvard Law Review the University of Pennsylvania. “You could support of academic freedom. He was article in 1959. go by his offifi ce, and you would very often believed by many to have been one of the In recognition of Byse’s commitment to fi nd a colleague asking for his advice on inspirations for the composite character of the legal academy, the HLS Graduate Pro- something. And, where he thought he could Charles Kingsfifield in “The Paper Chase,” the gram established six S.J.D. fellowships in his contribute, he never hesitated to do so.” novel by John Jay Osborn Jr. ’70, and the film honor in October 1999. According to the wishes of the Byse and television series that followed. In 2000, Byse was awarded the Harvard family, contributions in his memory can be “Harvard Law School has lost a legend, Law School Association Award, the highest made to the Byse Fellowship Fund and ad- many thousands of its graduates have lost honor given by the association, for his ex- dressed to: Daniel Hart, Harvard Law School, the fi nest teacher they ever had, and all of traordinary service to the legal profession as 125 Mt. Auburn St., 4th Floor, Cambridge, MA us have lost a friend,” said Dean Elena Kagan well as to the public welfare. That same year, 02138. Donations in memory of Byse can also ’86. “No one cared more deeply about great he also received the Silver Shingle Award be made to Pine Street Inn, 444 Harrison Ave., teaching, and no one communicated that from Boston University School of Law and Boston, MA 02118. P passion more effectively to his students. the Distinguished Columbian in Teaching —emily dupraz
He insisted on excellence, but always with Y G a twinkle in his eye. He was Kingsfifield, but HAEL NA also so much more than Kingsfifield—a won- C MI derfully generous and caring human being.” Byse’s published works include the defifini- tive casebook he co-wrote, “Administrative Law: Cases and Comments,” fi rst published in 1954 and now in its 10th edition. Professor Todd Rakoff ’75, who collaborated with him on several editions, said: “He’s somebody who thought that teaching was the heart of the Law School enterprise. He was demand- ing of students but also clearly loved his students.” After receiving his B.Ed. degree from Oshkosh State Teachers College in 1935, Byse attended the University of Wisconsin Law School and received his LL.B. in 1938. He be- clark byse, pictured gan his teaching career the following year at here in 1983, often the University of Iowa. During World War II, brought his basenji, he served in the U.S. Navy and as an attorney Rebel, to campus. with the Board of Economic Warfare. He also spent a year at the Securities and Exchange Commission after the war, before becoming an assistant professor at the University of Pennsylvania Law School in 1946. He joined the Harvard Law School faculty in 1957. Byse was named the Bussey Professor of Law in 1970 and the Byrne Professor of Ad- ministrative Law in 1976. In 1983, he became professor emeritus and taught as a visiting professor at the Boston University School of Law.
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aboard the LST-617, which took part in the preme Court justice, he wrote a 1967 opinion Md., died April 7, 2007. He worked as legal invasion of Okinawa. He attained the rank of stating that the religion of Black Muslims counsel for the Department of Defense in lieutenant. must be recognized in the state prison sys- Washington, D.C., and Paris. He joined the robert a. poore ’49 of Butte, Mont., tem and its religious dietary needs must be Office of the Assistant General Counsel in died May 3, 2007. For more than 50 years, accommodated there. During his tenure as the Defense Department in Washington in he practiced law with his brother, the late dean at Notre Dame, he initiated the London 1957. He was legal adviser to the U.S. mis- James A. Poore Jr. ’40, at Poore, Roth & year abroad program for law students. He sion to NATO in Paris from 1960 to 1963, Robinson, in Butte. In the 1970s, he repre- also was an adjunct professor at the Uni- before returning to Washington. Later in sented the state of Montana before the U.S. versity at Buffalo Law School and Fordham his career, he served as deputy director in Supreme Court, urging the Court to uphold Law School and president of Western State the Europe-NATO Directorate, was civilian the constitutionality of the Montana Gross College of Law. deputy commandant at the NATO Defense Receipts Tax. For nearly 30 years, he was sidney h. paige ’50 of Charlotte, N.C., College in Rome, was director of the NATO chairman of the Montana State Board of died Aug. 7, 2007. Formerly of Lake Forest, policy office at the Department of Defense Bar Examiners. He received many profes- Ill., he was vice president of human resourc- and was a senior research fellow at the Na- sional awards, including the first William es for Illinois Tool Works and a three-term tional Defense University. He was a director J. Jamison Professional Responsibility alderman of that city. He worked at Hardy of the Chol-Chol Foundation, an organiza- Award, the Lawyer of the Year Award from Freeman & Associates in Chicago and, from tion that works in rural indigenous commu- the University of Montana and the Silver 1970 to 1980, was vice president of personnel nities in Chile. Bow County Bar Association’s Liberty Bell for A.B. Dick Products Co. He also taught as william h. morrow jr. ’52 of Mont- Award. In 2000, he received the Governor’s an adjunct professor at the business school gomery, Ala., died Aug. 27, 2007. He was Civic Engagement Award. He was a long- of Lake Forest College. He was a director of general counsel for the Alabama State Bar. time president of the Butte Community Lake Forest Hospital and served on the Lake He also worked in Miami at Patton & Kan- Concert Association and spearheaded the Forest Police and Fire Commission. During ner. During WWII, he flew more than 20 restoration of the Mother Lode Theatre. WWII, he served in the U.S. Navy as a navi- combat missions as a navigator in the U.S. During WWII, he served in the U.S. Navy as gator in the Atlantic. Army Air Forces and earned the Distin- a gunnery officer in the Pacific theater. charles f. crames ’51 of White Plains, guished Flying Cross and the Air Medal stanley h. richards ’49 of Chicago N.Y., died May 3, 2007. An estate and trust with Oak Leaf Cluster. died Feb. 26, 2007. He was executive vice and family law attorney, he most recently jay w. tracey jr. ’52 of Brookline, president and a trust officer of Old Kent was senior counsel at Blank Rome in New Mass., died Sept. 11, 2007. He was a partner Bank, formerly Sears Bank and Trust Co., Yo rk City. He previously practiced law at at Holland & Hart in Denver for more than in Chicago. He retired in 1987 but continued Shack Siegel Katz Flaherty & Goodman. 20 years. In the 1950s, he helped represent as a consultant to the trust department until richard s. emmet jr. ’51 of Westford, a Denver group accused of violating the 1992. He later served as of counsel to Kanter Mass., died July 27, 2007. A staff lawyer and, Smith Act, an act that makes it an offense to & Mattenson, where he focused his practice later, board member of the Conservation advocate or belong to a group that advocated on estate planning. A tournament bridge Law Foundation, he helped shape how pub- the violent overthrow of the government. player, he was named a life master in 1990. lic trust law protects shorelines and fishing A singer, he was a member of Yale’s Whip- john c. powers ’49-’50 of Hebron, waters from Rhode Island to Maine. During penpoofs a cappella group, and he sang Maine, died March 24, 2006. He was affili- his career, he taught for more than 25 years and played trombone with the U.S. Army ated with Powers & Landry in Sudbury, at Buckingham Browne & Nichols, a private Special Services Unit after WWII, traveling Mass., and was president of the Hebron school in Cambridge, Mass., and from 1951 to France and Switzerland. In Denver he Historical Society. to 1958, he was a tax attorney at Ropes & helped write and performed in the annual Gray in Boston. He also served on West- Twelfth Night productions at the University 1950-1959 arthur gregg jackson ’50 ford’s board of selectmen, school committee Club, as well as in productions of the Colo- of Philadelphia died June 10, 2007. He was a and conservation commission. A birder, he rado Bar Association and the Denver Law partner at Montgomery, McCracken, Walker was a board member of the Massachusetts Group. He also helped form the New Wizard and Rhoads in Philadelphia and later was Audubon Society and wrote a book on bird Oil Combination singing group. vice president and general counsel for SPS species found in Westford. He also wrote george p. kramer ’53 of New York Technologies in Jenkintown. He served in a minibiography of his ancestor Thomas City died April 27, 2007. A trademark at- the armed forces during WWII and the Addis Emmet, an Irish revolutionary. He torney, he was senior counsel at Hunton and Korean War, helping translate Chinese and served as a sergeant in the U.S. Army Air Williams. Earlier in his career, he was an Japanese codes. Forces. attorney at Watson and Leavenworth. He william b. lawless ll.m. ’50 of San raymond r. cross ’52 of Longmeadow, served as secretary and, later, on the execu- Rafael, Calif., died April 23, 2007. He was Mass., died March 16, 2007. Formerly of tive committee of the Association of the Bar a New York State Supreme Court justice, Northampton, he was a justice of the Mas- of the City of New York. In 1971, he accompa- dean of Notre Dame Law School, a Wall sachusetts Superior Court. He was ap- nied the U.S. Antarctic Policy Group South Street lawyer and president of the National pointed to the court in 1973 and retired in Pole Expedition and planted an anniversary Judicial College in Reno, Nev. He earned a 1991. During his career, he practiced law in flag of the bar association at the Pole. He J.D. from the University of Notre Dame Law Northampton and served as city solicitor, established the Caleb Cheeshahteamuck School in 1944 (prior to receiving his under- assistant district attorney and assistant at- 1665 Fund at Harvard College in memory of graduate degree). He served in the U.S. Navy torney general. He also taught at Western its first Native American student. He was in the South Pacific before earning a B.A. New England College School of Law. In 1994, a trustee of Hancock Shaker Village. He from the University of Buffalo. He served as he wrote a memoir for his family, “Common served as a lieutenant in the U.S. Navy. corporation counsel for the city of Buffalo Law and Uncommon People.” donald f. malin jr. ’53 of New York from 1954 to 1956. As a New York State Su- ralph h. jefferson ’52 of Annapolis, City and Canaan, N.Y., died Sept. 20, 2007.
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He was a longtime attorney at Simpson, fairs Committee. He served as a lieutenant vising visa applications in Germany and Thacher & Bartlett in New York City. He in the U.S. Coast Guard. Liberia. He resigned from that position in opened the London office in 1978 and retired alan r. hunt ll.m. ’55 of Kennett protest of McCarthy-era policies. After retir- as a senior partner in 1991. He was chairman Square, Pa., died May 28, 2007. He special- ing from his law firm, he worked at the food of the Canaan Planning Board. A baritone, ized in trusts, estates and health care at pantry at Metro CareRing and established a he sang with the Oratorio Society of New Montgomery, McCracken, Walker & Rhoads counseling center, the Samaritan Center, at York and the Berkshire Choral Institute in of Philadelphia. He joined the firm in the the Wellshire Presbyterian Church. Sheffield, Mass. 1980s, after more than 20 years at Duane jerome a. bauman ’58 of Plantation, sheldon seevak ’53 of New York City Morris. An expert on the Fifth Amendment, Fla., died May 10, 2007. A resident of Bro- died Aug. 18, 2007. A partner at Goldman, he advised Quakers who were appearing ward County for 35 years, he was vice presi- Sachs & Co. in New York City, he established before congressional committees during dent and general counsel for Gulfstream and oversaw the firm’s real estate depart- the McCarthy era, and he was a leader of Land Development and a solo practitioner ment. He was a private investor and phi- the “Untie the Elderly” movement, which in Plantation. He was a director of Barnett lanthropist and served as a board member sought to eliminate restraints in long-term Bank, a member of the Florida Assault for a number of educational and charitable care settings. In 1971, he was chairman of Weapons Commission and the founding organizations, including Facing History and a committee on aging of the Philadelphia president of Temple Kol Ami Emanuel. Ourselves. He endowed a chair for Facing Yearly Committee of the Society of Friends. david w. robinson ii ’58 of Columbia, History at Boston Latin, and he helped cre- Also in the early 1970s, he helped a group S.C., died Aug. 9, 2007. For more than 40 ate a partnership between the organization of Quakers acquire property to set up a years, he practiced law at Robinson, McFad- and HLS. He was a trial attorney for the In- life-care community in Kennett Square. He den and Moore in Columbia. From 1970 to ternal Revenue Service and was involved in served on the life-care community board for 1975, he was general counsel for Liberty a number of tax case trials focusing on noto- 34 years, 20 years as chairman, and he died Corp. and Liberty Life Insurance Co. in rious mobsters of the New York/New Jersey as a resident at the center he helped found Greenville. He was active in local and na- underworld. During the Korean War, he more than 35 years ago. tional professional organizations, including served as an officer in the U.S. Coast Guard. kenneth f. phillips ’55 of Ashland, the American Law Institute. He served as a jerome talbert ’53 of Fort Lee, N.J., Ore., died May 28, 2007. first lieutenant in the U.S. Army in Austria. died April 22, 2007. Formerly of Great Neck gene w. krick ’56 of Toledo, Ohio, died daniel steiner ’58 of Cambridge, and Queens, N.Y., he was head of business Aug. 21, 2007. He was a solo practitioner Mass., died June 10, 2007. For 22 years, he affairs at William Morris Agency in New in the Toledo area, where he focused his was general counsel of Harvard University, York City for many years and specialized in practice on family law. He was a veteran of and he later served as president of the New entertainment law. WWII. England Conservatory, the first nonmusi- william h. welch ’53 of Northampton, bruce l. balch ’57 of Surprise, Ariz., cian to lead NEC. During his tenure there, Mass., died Oct. 4, 2007. An associate justice died May 2, 2007. A longtime resident of the conservatory hired key faculty mem- of the Superior Court of Massachusetts from Rock Island, Ill., he was a tax attorney bers, created a joint-degree program with 1986 to 1998, he practiced law in Northamp- at Katz, McAndrews, Balch, Lefstein & Harvard and launched a $100 million capital ton at O’Brien and Welch early in his career Fieweger. A certified public accountant, he campaign. Earlier in his career, he worked and then was a solo practitioner before his co-founded the western chapter of the Il- in the Johnson administration’s State De- state judgeship appointment. He was town linois CPA Society. He was chairman of a partment, first as assistant general counsel counsel to several local towns and was state taxation committee of the Illinois Bar for legislation and then as chief of legislative president of the Cooley Dickinson board of Association and a committee of the ABA’s programs for the Agency for International trustees for 10 years. In 1981, he was named tax section. He was also chairman of the city Development, and served as general counsel Citizen of the Year by the Northampton of Rock Island Beautification Commission for the U.S. Equal Employment Opportunity Chamber of Commerce. A fellow of the and a member of the city’s Youth Guidance Commission. He was the brother of HLS American College of Trial Lawyers, he also Council. He enlisted in the U.S. Army in Professor Emeritus Henry Steiner ’55. was president of the Hampshire County 1950, was later commissioned as an officer harold j. wallum jr. ’58 of Succasun- Bar Association, was active in the Mas- and remained in the U.S. Army Reserve, re- na, N.J., died June 29, 2007. An environmen- sachusetts Bar Association and served on tiring in 1983 as a colonel. He was president tal solo practitioner, he focused his practice the Board of Bar Overseers. He enlisted in of the Sun City Grand Republican Club and on federal and state environmental law and the U.S. Navy during his senior year of high was a Republican precinct chairman in Sur- regulation. For several years, he served school and served in the final year of WWII. prise. He served as a director and treasurer as president of the New Jersey Audubon george d. coupounas ’54 of Chestnut of the Tri-City Jewish Center and was presi- Society. He served in the Judge Advocate Hill, Mass., died July 5, 2007. A tax attorney, dent of the Quad City Lodge of B’nai B’rith. General’s Corps in the U.S. Navy. he was a solo practitioner in Chestnut Hill donald w. randall ’57 of Brownsville, alice v. stroh ’59 of Glendale, Mo., died and was president of Orthodox Christian Vt., died Feb. 13, 2006. He was general coun- June 19, 2007. An attorney in St. Louis, she Laity. sel at Frank E. Basil Inc. in Washington, focused her practice on estate planning at herbert d. katz ’54 of Hollywood, Fla., D.C., and specialized in corporate law. He Husch & Eppenberger. died Sept. 23, 2007. A lawyer and real estate served in the U.S. Army Air Forces during developer in Broward County, he helped WWII. 1960-1969 harvey m. brownrout incorporate the town of Davie and served bradford wells ’57 of Denver died ’60 of Sarasota, Fla., died July 23, 2007. For- as its first city attorney in the late 1950s. He July 27, 2007. A Denver lawyer for more than merly of Westport, Conn., he was an intel- was president of the Jewish Federation of 30 years, he was a founding partner of Mc- lectual property attorney at Xerox Corp. for South Broward and, later, the merged Jew- Clain, Drexler & Matthews. Prior to attend- 30 years. ish Federation of Broward County and was ing HLS, he briefly served in the U.S. Navy alan j. davis ’60 of Philadelphia died an officer of the American Israel Public Af- and then joined the Foreign Service, super- May 9, 2007. A Philadelphia defense attor-
winter 2008 harvard law bulletin 65 i n memo riam
ney and city solicitor, he was counsel and Mass., died June 13, 2007. He was a judge of City died July 10, 2007. A New York City at- lead negotiator during labor negotiations the Woburn District Court. torney, he was senior managing director of with city unions in 1992. He began his career girard l. stein ’62 of Port Townsend, Citigate Global Intelligence. Before joining in 1961 with Wolf, Block, Schorr & Solis- Wash., died Aug. 17, 2007. He was an the company, he was commissioner of New Cohen. He successfully defended mob boss environmental attorney at Winer, Neuberger York City’s Department of Investigation un- Angelo Bruno in a federal racketeering case and Sive in New York City and a founder of der Mayor Giuliani. Earlier in his career, he and later prosecuted mob bosses as an as- American Home Shield, a home-warranty was a federal and state prosecutor, served sistant district attorney and chief of the ap- company. He served in the U.S. Army in 1962 as New York state’s deputy attorney general, peals division of the district attorney’s office and then in the Army Reserve in the Judge and was a special prosecutor for Medicaid from 1966 to 1968. He returned to Wolf Block Advocate General’s Corps until 1969. Fraud Control and an assistant U.S. attorney in 1968 and was there until 1991, with the ex- richard e. guthrie ’64 of Dallas died in the Southern District of New York. ception of three years in the 1980s when he Feb. 15, 2006. He was corporate counsel of served as a city solicitor. Lennox Industries in Dallas. 1970-1979 richard a. wilson ll.m. sidney f. wentz ’60 of Hobe Sound, jeffrey p. ossen ’65 of Mansfield Cen- ’71 of Calgary, Alberta, Canada, died Sept. Fla.; Little Compton, R.I.; and Florham ter, Conn., and Singer Island, Fla., died Sept. 4, 2007. For 35 years, he practiced law in Park, N.J., died July 18, 2007. A longtime 16, 2007. In the manufactured housing busi- Calgary. employee of Crum & Forster, an insurance ness for 35 years, he was the founder and murray alberts ’73 of Northboro, holding company, he held several execu- president of the Connecticut Manufactured Mass., died May 20, 2007. He worked in tive positions with the company, retiring Housing Association as well as president of his family’s shoe manufacturing business as chairman and CEO in 1988. In the 1960s, the New England Manufactured Housing before attending law school at the age of 42. he was an attorney at White & Case in New Association. He also practiced real estate He practiced law in the Boston area and on York City and a corporate attorney for and family law and taught business law at Cape Cod. He also served in the U.S. Navy. AT&T. A chairman of the board of the Rob- the University of Connecticut in Storrs. Ac- peter g. pfendler ’73 of Petaluma, ert Wood Johnson Foundation for 10 years, tive in town and state politics, he served as a Calif., died June 17, 2007. He founded Polaris he was also a director of several companies, member of the Mansfield Town Council and Aircraft Leasing Corp. in San Francisco including Ace Limited Insurance Co. and as deputy mayor. in 1974. The company was for a time the Castle Energy Corp. He served in the U.S. d.w. latimore jr. ’68 of Atlanta died world’s largest commercial aircraft leasing Navy from 1954 to 1957. Sept. 12, 2007. For 38 years, he practiced law company before it was sold to General robert w. worley jr. ’60 of Riverside in Atlanta. Before law school, he worked for Electric Credit Corp. in 1989. Pfendler and Old Greenwich, Conn., and Marion, the international relief organization CARE later moved to a cattle ranch on Sonoma Mass., died May 26, 2007. He worked for in Vietnam and Turkey. He served as a lieu- Mountain and devoted his time to wildlife Chase Manhattan Bank in New York City, tenant in the U.S. Navy. conservation. He served as a director of now known as J.P. Morgan Chase. Earlier in pamela minzner ’68 of Albuquerque, the National Academy of Sciences, the his career, he was a partner at Cummings N.M., died Aug. 31, 2007. The first woman California Nature Conservancy and the and Lockwood in Stamford, Conn., before chief justice of the New Mexico Supreme Peregrine Fund. From 1966 to 1970, he opening offices for the firm in Palm Beach Court, she was appointed to the court in served as a U.S. Air Force pilot, flying 139 and Naples, Fla. He held leadership posi- 1994. She served as chief justice from 1999 combat missions in Vietnam. He attained tions in the First Church of Christ, Scientist, to 2001 and continued as senior justice the rank of captain and received 16 combat in Greenwich and in the Christian Science until her death. She also helped establish medals, including the Distinguished Flying Society of Buzzards Bay, Mass. For nearly and served as co-chairwoman of the Cross. three decades, he sang in the Greenwich Commission on Professionalism. From 1984 Choral Society, and then in the Sippican to 1994, she was a judge on the New Mexico 1980-1989 lawrence a. manzanares Choral Society of Marion, Mass. He served Court of Appeals, serving as chief judge her ’82 of Denver died June 22, 2007. He was a in the U.S. Army and Army Reserve. last year on the court. Earlier, she practiced judge and city attorney in Denver. He was jon m. anderson ’61 of Columbus, law in Boston with Bingham, Dana & appointed a judge of the Denver District Ohio, died May 14, 2007. For 44 years, he Gould and in Albuquerque with Cotter, Court in 1998, having previously served on was an attorney at Porter Wright Morris & Hernandez, Atkinson, Campbell & Kelsey. the Denver County Court. He served a total Arthur in Columbus. He retired as senior This year, she received the Professionalism of 15 years on the bench before being named partner last January. He was a longtime Award, the highest honor of the State Bar Denver city attorney in January 2007. Ear- attorney for White Castle System and, for of New Mexico. She was the wife of Richard lier in his career, he was in private practice 22 years, served on its board of directors. Minzner ’68. in Denver, specializing in civil litigation. He From 1970 to 1975, he was a bar examiner steven m. fleisher ’69 of Alamo, Calif., was a director of several nonprofit organiza- for the Ohio Supreme Court. He also taught died May 3, 2007. For more than 30 years, tions, including Project PAVE and Mi Casa at Ohio State University College of Law and he was an attorney in the Bay Area, and he Resource Center for Women. was a trustee of Berea College in Kentucky. most recently served as senior director of darryl hale ’86 of East Hartford, He founded Pro Musica Chamber Orchestra corporate compliance and privacy for Blue Conn., died May 17, 2007. An attorney for and was a trustee of the Greater Columbus Shield of California. He was general counsel the National Labor Relations Board, he was Arts Council and Opera Columbus. Inter- to the Mata Amritanandamayi Center, a the lead prosecutor for the board in a Yale ested in Anatolian textiles, he was on the humanitarian service organization in San University case in the 1990s that established advisory council of the Textile Museum Ramon, and he also worked with California the national precedent for recognizing the in Washington, D.C., and he served on the Rural Legal Aid, Native American Legal employee status of graduate teaching as- Columbus Museum of Art’s committee on Defense and the California Department of sistants. He was also a pastor at New Born collections. Health Services/Consumer Affairs Division. Church of God and True Holiness in New- louis j. gonnella ’61 of Lexington, edward j. kuriansky ’69 of New York ington.
66 harvard law bulletin winter 2008 COMMITMENT ‘My clients know I’ve been where they are’
Why did you endow a Were there any particular do with immigration law, I’ve been where they are. financial aid fund for LL.M.s courses or professors that but both areas deal with and an immigration law influenced the direction you federal law and state law What are the biggest travel fund at Harvard Law took after law school? components. Also, it does challenges for immigration School? Harvard Law School help to understand tax law lawyers today? I wanted to throw light on professors asked the right when making charitable Immigration has so many immigration law at Harvard questions and created a contributions. gray areas, so many areas Law School. Immigration is lively discussion in class. where there is no formal a symbol of who we are as My colleagues were sharp You took a 40 percent pay guidance. On top of that an American people, and and smart, and I was cut to leave New York’s there are unexpected we really need to do more influenced very much by White & Case and join a occurrences. This to educate people about it. them. I do recall a tax law smaller Baltimore firm. From summer, the visa priority It’s a complex field and it’s course taught by Professor there, you started your own dates moved forward subject to constant change. [Alvin] Warren that was firm. Why? unexpectedly. We had It deserves greater study. I fantastic. Tax law might In a large firm, I felt like to think outside the box, hope to help change that. not seem to have much to a cog in a wheel! I didn’t rework our entire system, have that sense of good hire 20 to 30 additional How will the fund be karma that comes from summer interns, lease administered? doing good works. But with extra space, hire more We hope to create two immigration law I felt I lawyers, just to be able to separate endowments. First, could forever change not file for the thousands of I hope to provide partial just one immigrant’s life qualified applicants within scholarships to deserving and fortunes, but also their a narrow window of time. LL.M. students who want to family’s. I want to show the We succeeded, thanks to a study immigration law and world and my clients that wonderful team effort and are in need of financial aid— immigrants are a powerful the “can-do” attitude. P for either tuition or books. I voice, and not to be ignored. worked as a security guard My clients know that I feel during part of my time at the their pain and that we care. law school, which made it hard to concentrate on my studies. I want to make it easier for future students to take advantage of what the Sheela Murthy LL.M. ’87 founded the Murthy Law Firm in law school affords. Second, Baltimore County, Md., in 1994. Her firm, of which she is managing for the immigration travel partner and president, employs 14 lawyers who primarily practice fund, I want to encourage U.S. immigration law. Murthy has been admitted to practice as an immigration law teachers attorney in New York, in Maryland and before the U.S. Supreme to attend meetings and Court. Before founding her firm, she practiced with White & Case conferences to get trained on complex and ever-changing in New York City, and Gordon, Feinblatt and the firm then called immigration issues, so that Shapiro & Olander, both in Baltimore. Murthy, who speaks French, they can provide better English and Hindi, emigrated from India in 1986. She is active in services to the immigrant the American Immigration Lawyers Association, and population they serve. she is regularly invited to present papers and speak on various complex immigration law issues before AILA and other national and international organizations.
Photograph by david hills photography winter 2008 harvard law bulletin 67 GALLERY The Offiffice the offices of hls professors vary widely. Some are sanctuaries while others are hives of hubbub. Styles range from cluttered to clean-lined—from Bauhaus minimalism to Holmesian homes-away-from-home. The Bulletin visited one dweller of Hauser Hall recently. Even when he isn’t in, he’s there. The room tells a story of a long, distinguished career, world travels and love of family. Whose office is it? A hint: He hasn’t been attorney general, but he’s an attorney and a generalist who has worked closely with several AGs, from Robert Kennedy to Janet Reno ’63. If you’re in his neighborhood, stop by and say, “Hey … ”
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68 harvard law bulletin winter 2008 Photographs by bob o’connor, christopher harting 1 From a trip to Mexico, an iguana that keeps its tail. 2 A commemorative desk clock given with “esteem and respect” by colleagues in the FBI. 3 A mousepad with the insignia of the CIA. 4 A trademark bow tie of “much- admired” Professor and Dean Albert Sacks ’48, given by Del Sacks after her husband’s death. 5 Model police cruiser, a gift from students. 6 Award from the Drug Enforcement Agency to a departing deputy attorney general. 7 Another memento of a trip to Mexico. 8 The official flag of the assistant attorney general in charge of the criminal division of the U.S. Department of Justice. 9 Framed portrait of Archibald Cox ’37; also on the wall: a photo of U.S. Supreme Court Justice John Harlan, inscribed to his former law clerk. 10 Late-20th-century objet d’art, tossed back and forth while tossing around ideas with students. !11 11 A trip to Japan led him to this artifact, several hundred years old. 12 A reproduction of a work by Raphael, purchased at the Louvre on a trip to Paris.
!2 !today, the school has a new curriculum for “Over 100 years ago, a new century, and has begun Harvard Law constructionno onn a buildingding thathat will doo justjusticetice to School invented the the waywaay jusjusticestice basic law school is taught.taugght. curriculum, and we are now making the most significant revisionsevevisio to it sincesince thattha time.time.e I am extraordinarilyeextraextraordinraordinar ly gratefulgratefuatefulul to theth he entire faculty nwhen for its vision and christopher columbus support of these far- langdell designed a reaching reforms.” curriculum for Harvard Law School in the 1870s, the school’s dean elena kagan ’86 home was Dane Hall in Harvard Yard.
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