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University of Chicago Law School Chicago Unbound The nivU ersity of Chicago Law School Record Law School Publications Spring 3-1-1996 Law School Record, vol. 42, no. 1 (Spring 1996) Law School Record Editors Follow this and additional works at: http://chicagounbound.uchicago.edu/lawschoolrecord Recommended Citation Law School Record Editors, "Law School Record, vol. 42, no. 1 (Spring 1996)" (1996). The University of Chicago Law School Record. Book 79. http://chicagounbound.uchicago.edu/lawschoolrecord/79 This Book is brought to you for free and open access by the Law School Publications at Chicago Unbound. It has been accepted for inclusion in The University of Chicago Law School Record by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. VOLUME FORTY·TWO • SPRING. NINETEEN·NINETY·SIX THE UNIVERSITY OF CHICAGO LAW SCHOOL ft o z ... III Z ... EC8 1ft Editor F E A T u R E s Dan McGeehan E-Mail: [email protected] Academic Freedom and Responsibility Assistant Dean for Alumni Relations The University's annual Aims in Education speech was delivered this Holly C. Davis '76 2 Provost and E-Mail: [email protected] year by Harry Kalven, Jr., Distinguished Service Professor of Law Geoffrey R. Stone Credits Photography: Jerry Bauer, page 16 (right). Matt A Show of Hands Gilson, inside front cover, inside back cover, and pages 2, 14, 17 (left), 20, 23, 26 (top). A look at student�run public service organizations Richard Laird, page 38 (left, center). Stephen 9 Longmire, page 22. Dan McGeehan, pages 11, 13, 17, 21. Bernard Mortel, page 12. NAPIL, page 30. Popera, page 47 (right, top). John Schuman '97, page 28. Christine Taccone, page • • • •• • • • • • 38 (right, center). Randy Tunnell, cover and • • • •• • • • • • • • • • pages 9, 17 (right). Worline Studio, page 26. D E p A R T M E N T s The University of Chicago Law School Record The Law School Record (ISSN 0529-097X) is published twice a year, in spring and fall, for graduates, students, and friends of The • Law School News 16 University of Chicago Law School, 1111 East 60th Street, Chicago, Illinois 60637. Copyright © 1996 by The University of Chicago Law School. Changes of address should be sent to the • Alumni News 26 Office of Alumni Relations at the Law School. Telephone (312) 702-7527. Copies of the Law School Record are available from William S. • Class Notes Hein & Co., Inc., 1285 Main Street, Buffalo, 28 New York 14209, to whom inquiries should be addressed. Current issues are also available on from William S. subscription Hein & Co. • In Memoriam : Sl THE LAW SCHOOL ON THE WEB The Law School's Web continues page to grow. New to the apply on the Net, from experts in the field of Cyberspace law. Professor Lawrence aided in homepage: Lessig setting up In addition, working papers presented at The University of Law for an e-mail Internet semi­ "Cyberspace NOll-lawyers," Chicago Legal Forum seminar "The Law of Cyberspace" are nar. This low-traffic distribution list will a new post message available on the Legal Forum page. A complete list of Law few on such as every days focusing topics the basic principles School events has been added as well as faculty biographies, and free myths surrounding copyright law, speech law, libel their pictures, and recent publications. All this and more can law, privacy law, contract law, and trademark law as they be found at http://www-Iaw.lib.uchicago.edu/. Volume 42, Spring 1996 •• I It the for aca­ flict between scientific and reli­ Each year, a member of the Although struggle inquiry demic freedom can be traced gious authority grew intense. When University's faculty is invited to at least as far back as Socrates' Copernicus published his astronomical eloquent defense of himself theories in 1543, he did so very carefully, deliver the Aims in Education against the charge that he cleverly dedicating his work to the Pope • corrupted the youth of himself-and presenting his theories entire­ Address to the entering students Athens, the modem history of this strug­ ly in the guise of hypotheticals. Partly gle begins with the advent of universities, because of these precautions, his heretical in the College. On September 24, as we know them today, in the twelfth publications did not immediately arouse century. In the social structure of the much of a furor. 1995, Geoffrey R. Stone '71, Middle Ages, universities were centers of But by the time Galileo published his power and prestige. They were protected, telescopic observations some 70 years provost of the University of courted and even deferred to by emperors later, the situation had changed. Galileo and popes. There were, however, sharp immediately was listed as a suspect in the Chicago and Harry Kalven, [r., limits on the scope of intellectual inquiry, secret books of the Inquisition and was for there existed a hard core of authorita­ warned that further discussion of the con­ Distinguished Service Professor of tively established doctrine which was demned opinion would have its dangers. made obligatory on all teachers and stu­ Despite this warning, Galileo persisted in Law, delivered the Aims of dents. It was expected that each new his work and, as a consequence, he was accretion of knowledge would be consis­ summoned to Rome, threatened with tor­ Education Address in Rockefeller tent with a single system of truth, ture, compelled publicly to disavow his anchored in God, and this expectation views, and imprisoned for the remainder Chapel. What follows are ex­ was often rigidly enforced by the Church, of his life. particularly when the authority of the For the next several centuries, univer­ cerpts from his speech. Church itself was questioned. sity life remained largely bounded by the As scholars and teachers gradually medieval curriculum. Real freedom of became more interested in science, and thought was neither practiced nor pro­ began to question some of the fundamen­ fessed. As one statement of the then pre­ tal precepts of religious doctrine, the con- vailing ideal put the point, the teacher 2 THE LAW SCHOOL RECORD was "not to ... teach or suffer to be it would not keep as teachers persons who The teacher of science introduced for the taught anything contrary to prevalent had "manifested themselves unsound in first time the discovery, rather than the opinions." the fayth." mere transmission, of knowledge into the This was the general attitude in This was the prevailing attitude until classroom. America, as well as in Europe, and free­ the latter part of the 18th century, which This shift was short-lived, however, dom of inquiry and teaching in America saw a brief period of relative seculariza­ for the rise of fundamentalism in the early was severely limited by the constraints of tion as part of the Enlightenment. By years of the 19th century, and a growing of religious doctrine. In 1654, for example, opening up new fields of study, and by counterattack against the skepticism Harvard's president was forced to resign introducing a note of skepticism and the Enlightenment, produced a concerted because he denied the scriptural validity inquiry, the trend toward secular learning and successful effort on the part of the of infant baptism. Harvard explained that began gradually to liberate college work. Protestant churches to expand their ByGooffieyR.S�ne�������- Volume 42, Spring 1996 3 influence and to tighten their control the mind of the South had closed on this demic inquiry. In their view, to dissent over intellectual and spiritual life. Thus, issue. When it became known, for exam­ was not to obstruct, but to enlighten. The the American college in the first half of ple, that a professor at the University of great debate over Darwinism went far the 19th century was deeply centered in North Carolina was sympathetic to the beyond the substantive problem of tradition. It looked to antiquity for the anti-slavery 1856 Republican presidential whether evolution was true. It represent­ tools of thought and to Christianity for candidate, the faculty repudiated his ed a profound clash between conflicting the laws of living. It was highly paternal­ views, the students burned him in effigy, cultures, intellectual styles and academic istic and authoritarian. Its emphasis on and the press demanded his resignation. values. In this conflict, science and edu­ traditional subjects, mechanical drill and Refusing to resign, he was dismissed by cation joined forces to attack both the rigid discipline stymied free discussion the trustees. There simply was no open principle of doctrinal moralism and the and stifled creativity. discussion of the issue. authority of the clergy. The situation in the North was only A new approach to education and to factors in particular con­ slightly better. Most Northerners distin­ intellectual discourse grew out of the tributed to this environment: guished sharply between those who con­ Darwinian debate. To the evolutionists, ThreeFirst, the college professor of this demned slavery in the abstract and those all beliefs were tentative and verifiable era was regarded exclusively as a teacher. who supported immediate abolition. The only through a continuous process of Because academic honors hinged entirely latter often were silenced. A few northern inquiry. The evolutionists held that every on teaching, there was no incentive or institutions, however, were open centers claim to truth must submit to open verifi­ time for research or original thought. of abolitionism, but they were no more cation; that the process of verification Indeed, it was generally agreed that tolerant than the South of opposing must follow certain rules; and that this research was positively harmful to teach­ views. At Franklin College, for example, process is best understood by those who ing.

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