Harvard Law WinterWinter 200808 bulletin COMPLEX PROBLEM-SOLVING: NewNeNeww cocoursesouo and exercexercises,exeercisciseseses,s,,,p plusp more focusfocufocuss onn teteamworkeea 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 students from the >WhlWhZBWmM_dj[h(&&.M_dj[h(&&.&. DEAN COMPLEX Xkbb[j_d PROBLEM-SOLVING: D[mYeD[mD[D[mmYYeekhi[iWdZeke [n[hY_i[i"[n[hY[n[[hY_iY_i[i[i[i"[i"i"f"fbkiceh["f"ff \eYkiedj[\eYk\eYkiiededdj[djj[[Wcmeha[[W INTERNATIONAL LAW: ?dZ_if[diWXb[jeW ('ij#Y[djkho b[]Wb[ZkYWj_ed A Curriculum Without Borders Curriculum STATUTES AND REGULATIONS: 2.0 Ceh[[ [cf^Wf^Wi_if^WWi_i A great law school must constantly re- what we learned from them, in 2006 the TheThhee nextnnenex version of the curriculum is here. It’sIIt’Itt s already changing the way today’s students assess how it can best prepare its students faculty voted unanimously to make the preparepprepreppreparrepa to become tomorrow’s lawyers. 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 AREAREE OONN the right of trial by jury, keep separate and distinct—the right is weighingighingg in onon constitutionalnsttitutionitut onnall issues,issuissueses, fromom war powersppower and bear arms, etc.; the Third, reserved to the people; the power is to warrantlesswarrwa rantlessntle 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.