Summer 2019 Harvard Law bulletin Presidential How have U.S. presidents Power found ways to expand their powers? Surges HLS faculty weigh in. Summer 2019 / Volume 70 / Number 2 CONTENTS Presidential Power Common Surges Knowledge LEAH FASTEN LEAH 18 24 TOBY MERRILL, DIRECTOR OF How have U.S. presidents Zero-L, Harvard Law School’s new THE PROJECT ON PREDATORY found ways to expand online course, helps prime incoming STUDENT LENDING. PAGE 34 their powers to achieve their goals? students for success Are Americans Getting SMITH DANA Enough Fiber? 30 The U.S. is falling behind in fiber optic technology, but a few cities and towns are leading the way Collecting on Dreams 34 An HLS project fights on behalf of SUSAN CRAWFORD, AUTHOR OF “FIBER: THE thousands whose lives have been up- COMING TECH REVOLUTION—AND WHY ended by predatory student lending AMERICA MIGHT MISS IT.” PAGE 30 2 FROM THE DEAN Curricular innovation 3 LETTERS From CLAO to criminal law 4 WRIT LARGE: FACULTY BOOKS The choosing people; LORIN GRANGER LORIN Books in brief “ If you want a unique opportunity to 7 engage in some serious introspection INSIDE HLS about what your values are, what Revisiting the your leadership style is, what ban on mitochondrial you want your career to look like replacement therapy; ... this is the class for you.” PAGE 10 JET-powered learning; Her Honor Mandala; Heard on campus 44 CLASS NOTES Love at Langdell; A home victory; Summer 2019 Harvard Law History maker; bulletin Defending domains; Harvard Law Bulletin For India, a new era in LGBTQ rights ASSOCIATE DEAN FOR COMMUNICATIONS AND PUBLIC AFFAIRS Melodie Jackson EDITOR 53 Emily Newburger IN MEMORIAM MANAGING EDITOR Remembering alumni Linda Grant EDITORIAL ASSISTANCE Presidential How have U.S. presidents Christine Perkins, Power found ways to expand their powers? Lori Ann Saslav 54 Surges HLS faculty weigh in. DESIGN DIRECTOR LEADERSHIP Ronn Campisi ON THE FRONT COVER: Our Jessica Tisch ’08 EDITORIAL OFFICE story looks at expansions Harvard Law Bulletin of U.S. presidential 1563 Mass. Ave., Cambridge, MA 02138 power over history. Email: [email protected] 56 The cover illustration Website: today.law.harvard.edu/bulletin GALLERY features a rendering Send changes of address to: [email protected] of the Great Seal of the © 2019 by the President and Fellows of Harvard College. The An HLS poet Harvard Law Bulletin is published two times a year. United States, to which on the moon the modern Presidential Seal can be traced. From the Dean Curricular Innovation report on two of these innovations. BY Harvard Law School has always been at the forefront of curricular and pedagogical Last summer, we began a new on- JOHN F. line pre-matriculation course called MANNING innovation. More than a century ago, HLS Zero-L. It grew out of the simple but ’85 pioneered the case method and the Socratic law powerful notion that all students school classroom. In 1913, the Harvard Legal Aid should start law school with a com- mon baseline of knowledge, so none Bureau became the first student organization of them have to feel as if everyone providing legal services to those in need—an else “gets it” but they don’t (a feel- innovation that was to become the model for ing I and many others experienced as clinical education. And, in the early 2000s, 1Ls). As you will read in our feature, Zero-L gives incoming students a then-Dean Elena Kagan ’86 and future-Dean firm foundation in the key features of the Martha Minow led an effort that modern- U.S. legal system and the vocabulary of law ized our curriculum with innovative new school before they arrive on campus. It also legislation and regulation and internation- gives them a sense of what to expect in the al and comparative requirements. classroom, including the Socratic method. In a rapidly changing legal profession Many Harvard Law faculty have lent their and world, Harvard Law School—and any talent and expertise to create the series of great law school—must always stand ready lively videos that make up the course. to examine and reexamine its curriculum This issue of the Bulletin also includes and pedagogy to ensure that we are prepar- a story on our new 1L January Experien- ing the great lawyers and leaders the world tial Term, or JET. JET gives students nine needs. It is of course nonnegotiable that our courses to choose from. These intensive, classes teach our students to think like law- hands-on offerings use case studies and yers—to understand the deep logical struc- simulations to give our 1Ls, early in their ture of complex problems, to be able to take time at Harvard Law School, opportunities those problems apart and to engage in skills training, teamwork, and put them back together, to self-reflection about the law and about the Training lawyers differentiate the relevant lawyers they want to become. Both faculty and leaders for the from the extraneous, and and students have rated JET and its indi- 21st century to question the assump- vidual classes highly. tions that others take for As we look to the next academic year, I granted. want to tell you about another addition to We must also continue to explore new the Harvard Law School curriculum. We things to teach and new ways of teaching. are launching a 1L Constitutional Law class And that change must be fact-based. To that that addresses separation of powers, feder- end, over the past two years, we have held alism, and the 14th Amendment. Together, focus groups with practitioners in law firms, this class and the 1L Legislation and Regu- public interest firms, and government agen- lation course will give our students a 360- cies. We’ve polled our students and our degree view of the U.S. system of govern- graduates about their aspirations, about ment and U.S. public law that will prepare what they’ve found useful, and about what them to dive into upper-level public-law else they think law students today should be courses and clinics. learning. We’ve used student focus groups to I hope you enjoy reading about these cur- beta-test new material and used analytics to ricular initiatives as well as some of the lat- evaluate the success of the work we’ve done. est faculty scholarship, and also our terrific As I mentioned in my end-of-year mes- alumni profiles, and the many other stories sage, we’ve recently introduced a series of and updates in this issue. I look forward to new initiatives informed by these efforts. In bringing you more news of our efforts, and this issue of the Harvard Law Bulletin we I wish you a productive and happy summer! 2 HARVARD LAW BULLETIN Summer 2019 Letters Winter 2019 Harvard Law bulletin THANKS FOR THE MEMORIES It was with great joy as well as nos- talgia that I read the recent HLB article “A ’60s Experiment with a Ripple Effect.” I worked at CLAO, later named CASLS, from 1969 to BEARING 1972 while at Harvard Law School. I was also very fortunate to take WITNESS Professor Gary Bellow’s inaugural clinical law course. Gary was the “ There was a community of giant of clinical legal education people who were ready, who were and an amazing lawyer. Our legal willing—even desperate—for services work not only was vitally their stories important to the Cambridge and WRITE to to be told.” Somerville residents to whom we the Harvard Bryan Stevenson ’85 Law Bulletin: at the National Memorial provided no- or low-cost represen- for Peace and Justice in bulletin@law. Montgomery, Alabama tation; it was a great way to learn harvard.edu; 1563 how to become a lawyer. Massachusetts Indeed, despite missing many Ave., Cambridge, Evidence classes because I had MA 02138. Letters to be in trial, I learned evidence may be edited for the present home for clinical le- nal justice process, and Professor on my feet in the courtroom (and length and clarity. gal services at HLS. Nothing at all Yang’s evidence-based research is managed to do quite well in the like our former quarters! Thank leading the way. course). you for this article. PATRICK STANFORD ’73-’74 My experience working at KENNETH A. REICH ’72 Alamosa, Colorado CASLS led to my first job after Boston graduation as a staff attorney at KUDOS Atlanta Legal Aid, a second job YANG’S RESEARCH IS LEADING THE WAY Congratulations! Firstly, the lay- heading up a pro bono office of Thank you for the articles on crim- out and design in the last issue a large Baltimore law firm and inal law and justice in the Winter blew me away as a work of art. a lifetime of supporting legal issue of the Bulletin, especially on Secondly, to anyone who doubts services. For the past number of Professor Crystal Yang’s research we’ve made progress as a society years, I have taught seminars in on pretrial detention. I work in in the last 50 years, regard the alternative dispute resolution and the community corrections field content. In my class of ’62, there environmental law at the Boston in Colorado, and one of the most were three African Americans University School of Law and have basic overlooked concepts in pre- (only one who graduated) and 12 had the pleasure of helping my stu- trial detention is the presumption women out of more than 500. And dents to learn the substance and of innocence. Our preliminary re- compare the courses offered with practice of law through realistic search in the state has shown that those of today—how fortunate are case studies and oral and written in many county jails, anywhere today’s students.