Winter 2019 Harvard Law bulletin BEARING WITNESS “ There was a community of people who were ready, who were willing—even desperate—for their stories to be told.” Bryan Stevenson ’85 at the National Memorial for Peace and Justice in Montgomery, Alabama Winter 2019 / Volume 70 / Number 1 CONTENTS Leading a Law’s Movement Influencers MARK OSTOW 20 26 CRYSTAL YANG TAKES AN EMPIRICAL HLS alumnae share HLS faculty blogs on APPROACH TO CRIMINAL LAW. perspectives across law-related topics are PAGE 30 the decades reaching key audiences Making the Case for Criminal BETH PERKINS Justice Reform 30 A new generation of HLS scholars is focused on improving the system Bringing Slavery’s Legacy to Light 42 Bryan Stevenson ’85 creates a SET ON A 6-ACRE SITE IN MONTGOMERY, ALABAMA, THE NATIONAL memorial and museum to foster con- MEMORIAL FOR PEACE AND JUSTICE USES SCULPTURE, ART, AND DESIGN versation on America’s original sin TO CONTEXTUALIZE RACIAL TERROR. PAGE 42 2 FROM THE DEAN Generations of impact 3 LETTERS Cases, connections, objections 4 WRIT LARGE A precarious state; The price is right; Books in brief SCRANTON JESSICA “ I’m inspired by what we’re seeing 8 INSIDE HLS across the country in terms of Hal Scott’s questions and answers; women’s empowerment. I believe it’s a The sky is (not) the limit; movement, not just a moment.” PAGE 20 Stock buybacks; Faculty sampler; 1607 Mass. Ave. 56 CLASS NOTES A ’60s experiment still reverberates; Remembering the Sammies; A pioneer’s logic; The last palace; HLS in Congress; Tackling a big job; A high court reunion 69 Harvard Law Bulletin IN MEMORIAM Remembering alumni ASSISTANT DEAN FOR COMMUNICATIONS Robb London ’86 70 EDITOR Emily Newburger HLSA NEWS MANAGING EDITOR Profile of a new president Linda Grant EDITORIAL ASSISTANCE Michelle Bates Deakin, Christine Perkins, 72 Lori Ann Saslav LEADERSHIP DESIGN DIRECTOR Ronn Campisi ON THE COVER: Bryan Patti B. Saris ’76 Stevenson at the National EDITORIAL OFFICE Memorial for Peace and Harvard Law Bulletin 1563 Mass. Ave., Cambridge, MA 02138 Justice, which opened in Email: [email protected] 74 April along with the Legacy Website: today.law.harvard.edu/bulletin Museum. Both were created GALLERY Send changes of address to: [email protected] by Stevenson and the Equal The Harvard Law Bulletin (ISSN 1053-8186) is published two The understated art of the Bauhaus Justice Initiative, which he times a year by Harvard Law School, 1563 Massachusetts Ave., at Harvard Law founded and directs. Cambridge, MA 02138. © 2019 by the President and Fellows of Harvard College. Photograph by Beth Perkins Printed in the USA. From the Dean Generations of Impact opened a striking and important BY Harvard Law School community members are engaged in exciting and impactful work on issues new museum and memorial in Ala- JOHN F. bama, connecting America’s shame- MANNING of large import—work that is framing national ful legacy of slavery and lynching to ’85 conversations among leaders and policymakers. modern-day failures in our criminal The stories in this issue of the Bulletin reflect a justice system. sample of this influential work. They also reflect I am also confident that you will be interested in our coverage of our collective determination to foster a vibrant Celebration 65, the gathering we intellectual community defined by diversity of hosted in September marking the thought and by a premium put on mentorship and 65th anniversary of the first enter- ing class at HLS to include women. forging connections across generations of faculty, It was an enormous privilege for me students, and alumni. personally to welcome the amazing- ly accomplished women who came I am especially excited that this issue of back for C65, including Nicole Kerno, Ann the magazine showcases the multifaceted Pfohl Kirby, and Judge Sondra Miller, three work of five assistant professors with di- pioneers from the Class of 1953. It was tru- verse interests and expertise in the field ly awe-inspiring to reflect on the attendees’ of criminal justice: Andrew Manuel Cre- narratives, leadership, and experiences. In spo ’08, Elizabeth Papp Kamali ’07, Anna the pages that follow, the Bulletin gathers Lvovsky ’13, Daphna Renan, and Crystal the perspectives of some of the alumnae who Yang ’13. A great deal of their scholarship returned to campus to participate—includ- tackles the same pressing issues of crimi- ing a former head of state and many distin- nal law and justice that underlay the work guished leaders in the law, government, of our late colleague William Stuntz, whose business, and throughout our profession. monumental book—“The Collapse of Amer- This edition also includes a feature story ican Criminal Justice,” published in 2011— on the increasingly important role of HLS diagnosed increasingly acute pressures blogs in the realm of up-to-the-minute le- upon America’s criminal courts gal scholarship. Not surprising- and prisons, with corresponding ly, HLS faculty blogs and online This issue showcases the prognoses of crisis in the absence forums are tremendously influ- work of five HLS scholars of reform. These dynamic schol- ential in a wide variety of fields, ars are doing rigorous doctrinal, attracting readers and contrib- tackling pressing issues of historical, institutional, and utors from the highest levels of criminal law and justice. quantitative research that helps government, academia, law, and us understand more deeply our business. They also support ro- criminal justice system and in- bust debate and discourse among forms its effective reform. Their work con- people with widely different perspectives. tinues a great tradition of a long line of HLS I highly recommend them if you are not al- scholars whose writing has illuminated the ready following them. moral, political, and economic challenges As always, the magazine brings you a posed by crime and punishment in America. roundup of the latest faculty scholarship, In a related vein, in this issue of the Bul- alumni authors, campus happenings, and letin, we also proudly highlight the work of the news sent in by you, our terrific alumni. our distinguished graduate and MacArthur We hope you enjoy it! genius grant winner Bryan Stevenson ’85, who founded the Equal Justice Initiative, the renowned legal advocacy organization working on behalf of the condemned and wrongfully convicted. Last year he and EJI 2 HARVARD LAW BULLETIN Winter 2019 Letters HLS CONNECTION responding to the hiring firms’ ter responded with the bill. Pross- Kudos on another outstanding is- words “Send us lawyers who can er then pocketed it and announced sue (Summer 2018). I don’t have a practice law” was in its infancy. that he would keep it until Poin- lot of contact with HLS these days, For me that move began in 1957- dexter figured out what to do. After and your publication keeps me 1958 when Dean Griswold asked class, Poindexter marched down to well informed. I was sad to read of famed Boston litigator Jim St. the Middlesex County Courthouse the passing of my classmate Jack Clair to initiate a Trial Practice and filed a lawsuit. E. Robinson ’85. seminar and asked me to run a The case received some publici- I very much enjoyed the “From drafting competition (The Willis- ty, as I recall. But fame is a fleeting the Dean” letter from another ton Competition). This link from thing. Worthy of resurrection for classmate, John F. Manning ’85, law school to practice has vastly your readers, however. but one sentence saddened me WRITE to expanded to become the substan- EDWARD T. MATHENY JR. ’49 for a different reason. It was only the Harvard tial part of legal education that it Kansas City, Missouri because of a despicable act of rank Law Bulletin: is today. bulletin@law. partisanship by Senate Majority MILTON BORDWIN ’55 LL.M. ’59 EDITOR’S NOTE: In April 1948, The harvard.edu; 1563 Leader Mitch McConnell that the Boston Harvard Crimson and The Har- Massachusetts sentence “Less than a decade later, Ave., Cambridge, vard Law Record both devoted sev- the Chief Justice swore in another MA 02138. Letters EARLY CLASSROOM-COURTROOM LINK eral articles to the “famous Case HLS alumnus, Justice Neil M. Gor- may be edited for The Harvard Law Bulletin for of the Five-dollar Bill.” In the end, such ’91” does not read “Less than length and clarity. Summer 2018 was excellent, with after being initially scheduled for a decade later, the Chief Justice its celebration of HLS clinics. It re- the Third District Court of Cam- swore in another HLS alumnus, minded me of my experience with bridge, Poindexter v. Prosser was Justice Merrick B. Garland ’77.” the Harvard Legal Aid Bureau. tried in the Court of the Common- Future generations of HLS stu- There also came to mind the wealth of Ames. According to an dents will get to debate the ram- case of Poindexter v. Prosser. Are article in The Harvard Law Re- ifications of McConnell’s action. you familiar with that litigation? cord, Prosser was the victor in the Keep up the great work! William Poindexter ’49, a fellow case. In the end, the author opined, BOB WELLS ’85 Kansas City citizen, was my class- “Poindexter fared rather well.” The Chantilly, Virginia mate. To the best of my recollec- professor treated his student and tion, the facts are these: his student’s wife, the plaintiff’s BULLETIN OR ONION? Our professor, [William] Pross- counsel, and the judge to a steak Your Summer 2018 issue read al- er, asked if anyone in the Bills and dinner. “The check was somewhat most like an Onion satire of the Notes class had a $5 bill. Poindex- in excess of $5.” politically correct left.