HLS News 2006
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On Wednesday night last week, Belgium's French-speaking public television network created a stir with a surprise 90-minute broadcast that began with a news flash that Flanders had declared independence and that the Belgian state was breaking apart. The broadcast was inspired by Orson Welles's 1938 radio adaptation of H.G. Wells's "War of the Worlds," but touched upon a possibility less fanciful than an invasion from Mars.
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On December 13, 2006, members of the HLS community and representatives of international disability rights organizations scored a major victory when the UN General Assembly adopted the Convention of the Rights of Persons with Disabilities, the first human rights treaty of the 21st century to promote and protect the rights of the disabled.
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The HLS Program on Corporate Governance released a new study today called Lucky Directors, by Professor Lucian Bebchuk and co-authors Yaniv Grinsten and Urs Peyer suggesting that outside directors' options, and not only executives' options, have been favorably timed to an extent that cannot be explained by mere luck.
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HLS Professor Gerald Neuman '80 has co-written an amicus brief challenging the constitutionality of a new law denying courts jurisdiction to entertain petitions for writs of habeas corpus by alien detainees whom the government has deemed 'enemy combatants.'
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The following op-ed was published in The Boston Globe on December 13, 2006: Mahmoud Ahmadinejad, the egregious president of Iran, is hosting a conference this week on whether the Holocaust really happened.
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Adrian Vermeule joined the faculty this year as a professor of law, coming from the University of Chicago Law School. Here, he talks with HLT editor Robb London.
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Constitutional law scholar and well-known author Noah Feldman, currently a tenured professor of law at New York University, has accepted an offer to join the Harvard Law faculty beginning next fall. Feldman is a leading expert in many aspects of constitutional law, particularly law and religion, constitutional design and the history of legal theory.
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Professor Emeritus Roger Fisher and lecturer Daniel Shapiro are this year’s recipients of the prestigious Cloke-Millen Award. The prize -- formerly called the "Peacemaker of the Year" award -- honors outstanding professionals working in mediation, negotiation or dispute resolution, and is given out by the Southern California Mediation Association.
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The following op-ed was published in the National Post on December 2, 2006: Sometimes, you really can tell a book by its cover. Jimmy Carter's decision to title his new anti-Israel screed Palestine: Peace Not Aparteid tells it all.
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The Charles Hamilton Houston Institute recently hosted a panel discussion entitled, "Is Brown Still Relevant?: The Seattle and Louisville School Cases," reviewing two current cases that challenge the implementation of racial integration in public schools.
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In a recent annual meeting of the American Society for Legal History, HLS Professor Morton Horwitz '67 was unanimously confirmed as an honorary fellow, the highest honor the society can give a legal historian in North America.
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Since they first appeared on the scene more than 20 years ago, market-based approaches, such as the emission trading system to control acid rain, have become the tools of choice when trying to solve difficult environmental problems.
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The HLS Program on Corporate Governance recently released a study by Professor Lucian Bebchuk and co-authors Yaniv Grinsten and Urs Peyer, which examined the use of stock option backdating.
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On Tuesday, November 14, Harvard Law School hosted the 95th Annual Moot Court Final Competition. In front of a standing room only crowd in Ames Courtroom, two teams of six HLS students each argued the case of Adam’s Apple Markets v. Aphrodite Cosmetics.
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On Tuesday evening, November 7, Professor Joseph Singer was awarded the Bussey Professor of Law chair. Introduced by Dean Elena Kagan, Professor Singer marked the occasion with a speech titled, "Things That We Would Like to Take for Granted: Minimum Standards for the Legal Framework of a Free and Democratic Society."
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The first-year law school curriculum took shape more than 100 years ago. The basic curriculum hasn't changed much over the course of the last century. Meanwhile, the practice of law has changed dramatically.
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Harvard Law School graduates across the country won political victories today as part of the nation's midterm elections. Two of the biggest winners were alumni from the 1980s who were elected governor. In New York, Attorney General Eliot Spitzer '84 was elected the state's chief exective, while Deval Patrick '82 was elected governor of Massachusetts.
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The following op-ed was published in the Wall Street Journal on November 7, 2006: The Nuremberg trials it is not. But then again, Saddam Hussein is no Hitler or Goering.
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No one can accuse Harvard Law professor J. Mark Ramseyer of having modest goals in his latest book "The Fable of the Keiretsu: Urban Legends of the Japanese Economy," published this year by Chicago University Press.
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On October 18, members of the Hale and Dorr Legal Services Center and the Jamaica Plain community celebrated the sale of the first of 11 planned affordable housing units in the Hyde/Jackson Square area, all of which are being developed by the Jamaica Plain Neighborhood Development Corporation.
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On Saturday, October 28, the Harvard Legal Aid Bureau hosted a panel discussion on poverty law challenges after Hurricane Katrina. The focus of the conversation was on the continuing needs of people and organizations in the Gulf Coast region after the massive hurricane devastation.
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Kenneth Chenault, the CEO of American Express and a 1976 Harvard Law graduate, returned to Cambridge this weekend to speak at the school's fall reunion exercises. Well-known for his record of reorganizing American Express in the wake of the 9/11 attacks, Chenault spoke about the value of legal education in preparing people for the uncertainties of life.
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On Wednesday, October 25, Harvard Law graduate R. Alexander Acosta ’94, was formally sworn in as the U.S. attorney for the Southern District of Florida by Supreme Court Justice Samuel Alito, Jr.
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On Thursday, October 19, the Program on International Financial Systems celebrated its 20th anniversary, honoring two decades of commitment to international financial law.
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The following op-ed, Real Superpowers Negotiate, was published in the Washington Post on October 26, 2006: The Administration's North Korea policy of "ABC" - Anything But Clinton - needs revision.
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On Tuesday, October 17, four HLS students at the Trauma and Learning Policy Initiative -- a partnership between HLS' Hale and Dorr Legal Services Center and Massachusetts Advocates for Children -- took part in a symposium to educate teachers on how trauma impacts a child's learning.
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The American Psychological Association recently named HLS lecturer Daniel Shapiro the recipient of their Early Career Award, recognizing young scholars who have made significant contributions to research and practice in peace psychology.
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The following op-ed was published in the Boston Globe on October 18, 2006: Before enacting the "Detainee Bill" (otherwise known as the Military Commissions Act) two weeks ago, Congress should have spent more time learning from the Israeli experience.
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The following op-ed was published in the LA Times on October 17, 2006: Several years ago, I provoked a storm of controversy by advocating "torture warrants" as a way of creating accountability for the use of torture in terrorism cases.
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The Harvard Law School faculty unanimously adopted a reform of the required first-year curriculum yesterday, after a three-year process of study and consultation with legal academics, faculty from other professional schools, and practicing lawyers.
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Professor Jody Freeman LL.M. '91 S.J.D. '95 joined the faculty last year and became director of the Environmental Law Program. One year in, Freeman discusses her work and goals for the program with Harvard Law Today.
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HLS students recently teamed up with Robert Greenwald, a clinical instructor at the Hale and Dorr Legal Services Center’s Health Law Clinic, to lead a two-day policy session for members of the Great Lakes AIDS Policy Consortium.
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Renowned constitutional law Professor Bruce Ackerman delivers the 2006 Harvard Law School Oliver Wendell Holmes Lecture. In his three-part series, entitled "The Living Constitution," which began on Tuesday, October 3, and will continue through Thursday, October 5, professor Ackerman will examine various aspects of the US constitution.
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Led by Professor Martha Minow, more than 600 law professors nationwide have signed a letter urging Congress to reject pending legislation for trials of terror suspects in military tribunals. The legislation would also eliminate most judicial review of the conditions of detention for individuals labeled by the executive as enemy combatants.
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Seven students from the Housing Clinic of the Hale and Dorr Legal Services Center of Harvard Law School recently helped unrepresented low-income tenants facing eviction in Boston Housing Court, giving them 'game-day' advice through the Boston Bar Association's Lawyer for the Day Program. The HLS students worked alongside pro bono attorneys from Ropes and Gray LLP.
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International law professor David Kennedy was a conscientious objector during the Vietnam era, but during his early years teaching at Harvard Law School he realized it was time to rethink his position on the valid use of military force.
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At a recent CA Inc. shareholder's meeting, 41 percent voted in support of a bylaw amendment proposed by professor Lucian Bebchuk, which was designed to regulate the board's use of "poison pills".
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Aharon Barak, retired president of the Supreme Court of Israel, will address the HLS community today as he receives the 2006 Gruber Justice Prize, an award recognizing individuals who have furthered the cause of justice through the legal system.
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Earlier today, Dean Elena Kagan delivered her fourth "State of the School" speech to students and other members of the Harvard Law community who assembled in the Ames Courtroom.
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The Knight-Batten Foundation awarded the Grand Prize for Innovations in Journalism to the Berkman Center for Internet and Society's Global Voices Online. The award, administered by J lab: The Institute for Interative Journalism at the University of Maryland, spotlights the creative use of new information, ideas and technologies that involve citizens in public issues.
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A United Nations ad hoc committee has recently adopted the first treaty draft of the 21st century that recognizes the rights of disabled persons. Working in conjunction with international human rights experts, HLS Vice Dean Bill Alford, Professor Ryan Goodman, and visiting professors Michael Stein and Gerard Quinn, were instrumental in drafting this new convention -- a milestone in adequately recognizing the needs of the disabled worldwide.
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The Harvard Legal Aid Bureau recently hosted a clinic to help low-income tenants facing eviction for nonpayment of rent. Held at the HLS Legal Services Center in Jamaica Plain, and modeled after those previoulsy organized by the HLAB, the clinic served 16 families from around the Boston area.
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A blue-ribbon committee of business leaders and academic experts-including three HLS faculty members-will consider changes in the Sarbanes-Oxley Act and other laws, with the goal of boosting the competitiveness of American financial markets.
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The Berkman Center for Internet and Society at Harvard Law School announces "CyberOne: Law in the Court of Public Opinion," the first class at Harvard University to be offered through Second Life, a 3-D virtual environment.
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On Tuesday, September 12, three of the nation's leading constitutional law scholars will come together to discuss whether the United States is striking the right balance between civil liberties and national security in fighting the war on terrorism. Professors Charles Fried and Laurence Tribe, and Professor Steven Calabresi of Northwestern University's School of Law will speak at the panel discussion titled, "Freedom and Security Five Years After 9/11?"
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Professor Lucian Bebchuk testified before the Senate Finance Committee on Wednesday, September 6, during a hearing on executive compensation.
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Harvard Law School's Program on International Financial Systems is announcing the establishment of the Cleary Gottlieb Steen and Hamilton Guest Lectures in International Finance. The series will serve as a cornerstone of the International Finance (IF) Concentration of the LL.M. degree program, which combines international finance and law.
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Janet Halley spent six years writing "Split Decisions: How and Why to Take a Break from Feminism" (Princeton University Press, 2006), a groundbreaking book examining the contradictions and limitations of feminism in the law.
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This week 734 new students will enter Harvard Law School as degree candidates in the J.D., LL.M. and S.J.D. programs.
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Harvard Law School's Labor and Worklife Program has partnered with several influential worklife organizations to create the WorklifeWizard, a web-based information resource and research tool focusing on worklife in the US.
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A group of Harvard Law students has helped to bring about a landmark decision by the Inter-American Court of Human Rights, which ruled earlier this month that the Brazilian government bears responsibility for the death of a patient in a state-affiliated psychiatric hospital.
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Last week, Harvard Law graduate Stuart Rabner was appointed attorney general of New Jersey by Governor Jon Corzine. Rabner is a member of the class of '85.
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An op-ed co-written by Professor Jon Hanson: To sports fans, it probably wasn't a surprise to learn that former Ohio State University football star Maurice Clarett was arrested again the other week. The evasive running back who had carried the Buckeyes to the 2002 National Championship was unsuccessful in evading the police in a car chase that occurred near the home of a witness in his upcoming robbery trial.
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This week, Professor Laurence Tribe argued in an interview on WBUR's program "On Point" that the executive branch has exceeded the scope of its constitutional power. Tribe debated the question of wartime powers with Douglas Kmiec, a professor of law at Pepperdine University.
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The following op-ed, co-written by Professor Christine Desan, A model for fair campaigns, appeared in The Boston Globe on August 18, 2006: With less than three months until the November election, the governor's race is heating up in Massachusetts.
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The following essay by Professor David Barron, Boxed Out, appeared in The Boston Globe on August 13, 2006: Not so long ago, America's big cities were so desperate to attract commercial development they gladly would have given away the store to get one. But not now, as Wal-Mart and other super-retailers recently discovered.
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The following op-ed, co-written by Professor Martha Minow, Relearning Vietnam's painful lessons, appeared in The Boston Globe on August 14, 2006. Current events make the Vietnam era more relevant than ever. We are engaged in a war without plan or prospects for disengagement. The conflict seems part of a global danger, but we also seem interlopers -- and attractive targets -- in a civil war.
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In the wake of September 11, there was a lively debate about the optimal mix of "hard" versus "soft" power--guns versus diplomacy, military force versus foreign aid. Thursday's foiled plot to blow up commercial jets shows that a similar divide informs the world of police work. Scotland Yard and the FBI sometimes stop terrorists by shooting them, just as the criminal justice system sometimes stops attempted murders by incarcerating the would-be killers.
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The final report of the American Bar Association Task Force opposing presidential "signing statements" barks up a constitutionally barren tree. It's not the statements that are the true source of constitutional difficulty. On the contrary, signing statements, which a president can issue to indicate the way he intends to direct his administration to construe ambiguous statutes, are informative and constitutionally unobjectionable.
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This weekend, HLS's Berkman Center for Internet and Society co-hosts Wikimania 2006, the second annual Wikimedia conference. Berkman fellow and Wikipedia founder Jimbo Wales will open the conference this morning on the Harvard Law School campus.
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The following op-ed by Professor Lucian Bebchuk, Investors must have power, not just figures on pay, was published in The Financial Times on July 28, 2006: The US Securities and Exchange Commission's vote this week to expand disclosure requirements for executive pay is a major step forward.
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The following op-ed by Professor Alan Dershowitz, Arithmetic of Pain, was published in The Wall Street Journal on July 19, 2006: There is no democracy in the world that should tolerate missiles being fired at its cities without taking every reasonable step to stop the attacks. The big question raised by Israel's military actions in Lebanon is what is "reasonable."
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The following op-ed, co-written by Professor Hal Scott, The End of American dominance in capital markets, was published in The Financial Times on July 19, 2006: Is a ticker-taped Trojan Horse soon to be planted on European shores, filled with an army of US regulators, Sarbanes-Oxley accountants and overzealous plaintiff lawyers?
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The following op-ed by Professor Howell Jackson, Big Liability, was published in The New Republic Online. Jackson argues that the first test for Hank Paulson, the new Treasury secretary, will be a little-noticed government accounting dispute that could soon dwarf the Enron scandal.
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The following op-ed by Professor David Kennedy, Recasting UN's Role, was published in The Boston Globe on July 8, 2006: Today's most significant global challenges, whether humanitarian or military, are being addressed by diverse ad hoc coalitions. This new multilateralism will require more from the United Nations, making the selection of the next secretary general more important than at any time in the organization's history.
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The Delaware Chancery Court issued a decision in the litigation initiated by Professor Lucian Bebchuk against CA Inc. The decision forced CA to withdraw its plan to exclude Bebchuk's poison pill proposal from the corporate ballot and opens the door to shareholder voting on such proposals in other companies.
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This weekend, leaders of the financial systems of the United States and China will gather in Tianjin, China to examine the financial relationship between the two countries. Organized by HLS's Program on International Financial Systems and the China Development Research Foundation, the "Symposium on Building the Financial System of the 21st Century: An Agenda for China and the United States" will allow participants from the U.S. and China to discuss financial challenges facing the two nations.
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This month, Harvard Law School awarded 769 degrees to its JD, LLM and SJD graduates in ceremonies that took place on June 7 and 8. Webcasts of the events are now available.
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Professor Richard Fallon is this year's winner of the prestigious Sacks-Freund Teaching Award, an honor bestowed each year by the Harvard Law School graduating class. The award recognizes teaching ability, attentiveness to student concerns and general contributions to student life at the law school.
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In its annual meeting this spring, the American Law and Economics Association elected Professor Lucian Bebchuk as its Vice-President/ President-Elect. He will serve as vice-president until the Association's annual meeting next spring when he will assume the Association's presidency for one year.
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Anand Swaminathan '06 received the Andrew L. Kaufman Pro Bono Service Award for performing the highest number of pro bono service hours in the Class of 2006. The award is named for Professor Andy Kaufman who was a leader in supporting HLS's Pro Bono Service Program.
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Professor Emeritus Louis Sohn, one of the 20th century's leading international law scholars and a member of the Harvard Law faculty for 39 years, died on Wednesday, June 7. He was 92.
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Today, Harvard Law degree candidates will participate in University-wide commencement ceremonies in Tercentenary Theatre. University President Lawrence Summers will confer degrees to graduates by school, and Martin Bell, HLS '06, will deliver the speech on behalf of the graduate students.
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This week, Harvard Law School will award a total of 769 degrees to its JD, LLM and SJD graduates. Ceremonies will take place on Wednesday, June 7 with Class Day exercises and on Thursday, June 8 with Commencement.
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The following op-ed co-written by Goutam Jois, 3L, and Scott Harshbarger '68, Cleaning up the corruption in business and politics, was published in The Boston Globe on June 1, 2006: Now it's all over, right? Former Enron executives Kenneth Lay and Jeffrey Skilling were convicted last week of securities fraud, insider trading, false statements, and conspiracy.
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On May 17th, more than 160 Harvard-trained financiers and lawyers met for a breakfast symposium at the University Club in Manhattan to hear a panel of experts discuss the growing involvement of hedge funds in the financing and management of start-ups and other companies.
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The following essay by Professor Glendon was published in the June/July issue of First Things: Not for the first time, the world finds itself in an age of great movements of peoples. And once again, the United States is confronted with the challenge of absorbing large numbers of newcomers. There are approximately 200 million migrants and refugees worldwide, triple the number estimated by the UN only seventeen years ago.
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The following op-ed by HLS Chayes Fellow Adam Smith was published in the May issue of The New Republic: Four years, 466 hearing days, more than 300 witnesses, and over $200 million after it began in The Hague, Case Number IT-02-54, Prosecutor v. Slobodan Milosevic, was officially declared over on March 14, three days after Milosevic was found dead of an apparent heart attack in his prison cell. There will be no verdict.
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In a case filed in the Delaware Chancery Court, Professor Lucian Bebchuk is challenging CA Corporation's assertion in an SEC submission that Bebchuk's poison pill-limiting bylaw proposal is illegal under Delaware law.
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Professor Hal Scott and the HLS Program on International Financial Systems have released a white paper based on a half-day symposium that focused on key issues of corporate governance affecting companies, investors, and financial markets globally. Cosponsored by the Program on International Financial Systems, Standard and Poor’s and BusinessWeek, the symposium convened in New York on December 6, 2005.
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The following op-ed by Professor Richard Parker was published in the June issue of American Legion Magazine: This Spring, the American flag was in the news again. Several high schools forbade students to display a flag--or even to wear red-white-and-blue clothing. Their reason was stark. The flag, they said, is controversial.
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A recent report by the Trauma and Learning Policy Initiative (TLPI), a clinical placement for Harvard Law students, was the centerpiece of a daylong, state-wide conference hosted by the Massachusetts Department of Education on Wednesday, May 10. The conference, "Reducing Trauma as a Barrier to Learning," was attended by more than 250 teachers, school administrators, superintendents and mental health professionals that work in schools.
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According to one prediction, the new technology will bring every individual "into immediate and effortless communication with every other" and will "practically obliterate political geography and make free trade universal."
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The escalating controversy over the National Security Agency's data mining program illustrates yet again how the Bush administration's intrusions on personal privacy based on a post-9/11 mantra of ''national security" directly threaten one of the enduring sources of that security: the Fourth Amendment ''right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures."
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Pulitzer prize winning legal writer Linda Greenhouse will be the 2006 Class Day speaker at Harvard Law School. The Supreme Court correspondent for the New York Times, Greenhouse will address graduating students and their families on Wednesday, June 7, as part of Class Day excercises.
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This weekend, Harvard Law School's Charles Hamilton Houston Institute for Race and Justice will host a national conference to examine a number of legal, racial and political issues surrounding the death penalty. The event, "From Lynch Mobs to the Killing State," will take place May 5-6 in Ames Courtroom (HLS's Austin Hall) in conjunction with the release of a new book by the same title, written by Professor Charles Ogletree and Amherst College Professor Austin Sarat.
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This year's list of 10 Best Corporate and Securities articles includes articles by four Harvard Law faculty: Professors Lucian Bebchuk, Einer Elhauge, Mark Roe and Guhan Subramanian. The list was chosen by corporate and securities law faculty from around the country and will be announced in an upcoming issue of the legal journal, "Corporate Practice Commentator."
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Luke Nikas, 3L, has been awarded the Professional Responsibility Award by the Northeast Region of the Association of Corporate Counsel. The award recognizes six Boston-area law students who have demonstrated an exceptional commitment to ethics. Nikas was nominated for his clinical work at the Hale and Dorr Legal Services Center.
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Professor Baber Johansen will become the acting director of Harvard Law School's Islamic Legal Studies Program and an affiliated professor at HLS, while continuing to serve as a professor at Harvard Divinity School. Established in 1991, the program focuses on the study of Islamic law and supports open inquiry of both Muslim and non-Muslim perspectives.
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Professor Richard Fallon is among the 195 new fellows recently selected to join the American Academy of Arts and Sciences. Members are chosen on the basis of "preeminent contributions to their disciplines and to society at large."
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Thursday, April 20 marks the beginning of the ninth Harvard Latino Law and Public Policy Conference, with a keynote address by Maria Echaveste, former deputy chief of staff to President Clinton. The three-day event will address the growth of Latino communities in the United States and their relationship to Latinos abroad.
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Susan F. Cole, a clinical instructor at the Hale and Dorr Legal Services Center, recently won the 2006 Legal Services Award, presented by the Massachusetts Bar Association. The award honors an attorney for exceptional work in providing legal services to low-income groups.
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Last summer in Kelo v. City of New London, the Supreme Court upheld a redevelopment plan for New London, Conn., that involved seizing private homes to enable commercial development near a major pharmaceutical company. New London argued the plan would jump-start the stalled local economy, and the decision, a 5-to-4 vote, affirmed the government's power under the Constitution to use eminent domain to take private property for economic development as long as just compensationis paid.
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Martin Kurzweil, 2L, recently won two prominent awards along with co-authors William Bowen, the former President of Princeton University, and Eugene Tobin, former president of Hamilton College. This week, their book, "Equity and Excellence in American Higher Education," won both the 2006 Outstanding Book Award from the American Education Research Association and the University Continuing Education Association's 2006 Philip E. Frandson Award for Literature.
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On Wednesday, April 12, the Supreme Court of the Navajo Nation will covene in the Ames Courtroom at Harvard Law School to hear the case of Perry v. Navajo Nation Labor Commission. The Navajo court will not only hear a current case while at Harvard, but also offer students the chance to gain first-hand insight into one of the nation’s most influential tribal courts.
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On Tuesday, April 11, Judge Richard C. Wesley of the U.S. Court of Appeals for the Second Circuit will speak at Harvard Law School about legal issues arising from the war on terrorism. His speech, titled "Presidential War Powers in a Post-9/11 World," is sponsored by the HLS Federalist Society.
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Three major U.S. corporations -- AIG, Bristol-Myers Squibb and Time-Warner -- recently amended their corporate by-laws in response to stockholder proposals submitted by Professor Lucian Bebchuk.
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Tonight, HLS's Committee on Sports and Entertainment Law will host a panel discussion entitled, "Agents and the Changing Economic and Political Landscape of Baseball." Baseball agent Scott Boras and the Chief Executive of the Major League Baseball Players Association, Donald Fehr, will be among the panelists. The event – which is free and open to the public – will take place on the HLS campus at 7 pm.
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SCHOLARLY PURSUITS: The following is a summary of a recent law review article by Professor Arthur Miller. Though ideas fueled the progress of the 20th century, scholars and the judiciary have been complacent about protecting the rights of idea originators.
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Harvard Law School's Criminal Justice Institute and Charles Hamilton Houston Institute for Race and Justice will co-host a three-day conference entitled "Re-Thinking Re-Entry: Confronting Perpetual Punishment."
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This weekend, the convention launching the National Democratic Law Student Council will take place at HLS, hosted by the HLS Democrats. The new organization -- conceived of and initiated by Harvard Law students in collaboration with staffers at the Democratic National Committee -- will become the national umbrella organization for Democratic law students.
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HLS's Journal of Law and Technology will host its 10th annual symposium, "Knowledge, Power and Invention: Staying Competitive in the Global Marketplace and the Role of IP Reform." The two-day event will explore the best ways to protect intellectual assets, promote creative innovation and implement legal reform.
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The following op-ed co-written by Professor Lani Guinier, Tricks of virtual redistricting, was published in The Boston Globe on March 13, 2006: During oral arguments on the Texas redistricting case March 1, Chief Justice John Roberts asked the lawyer for the Mexican-American appellants: "What's the difference between 'being one' and 'looking like one?' "
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Today, approximately 80 private and public sector financial leaders will meet in Armonk, N.Y. to discuss issues affecting the future of the financial relationship between the EU and the U.S. The fourth annual "Symposium on Building the Financial System of the 21st Century: An Agenda for Europe and the United States" is sponsored by HLS's Program on International Financial Systems, along with the Centre for European Policy Studies.
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On March 10, Harvard Law School will convene leading academics and policymakers for a conference exploring U.S. regulation of greenhouse gas emissions. Titled New Prospects for Climate Change Regulation, the day-long event will feature a range of participants, including U.S. Sen. Jeff Bingaman, the ranking Democrat on the Senate Energy and Natural Resources Committee.
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Today, the law school's Hale and Dorr Legal Services Center will host a workshop for the City of Boston’s Main Streets Program. BMS works to revitalize local commercial districts throughout Boston. Three students -- Duston Barton, 2L; Joyce Hsieh 3L; and Lerato Molefe, 3L -- will give presentations to program directors about legal issues related to non-profit federal and state compliance.
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Professor Charles Ogletree was recently named the first ever recipient of the Rosa Parks Award, given by the city of Boston. Mayor Thomas Menino presented the award as part of the city's African American Achievement Awards for black history month
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This weekend, Harvard's International Law Journal will host its annual symposium, "Diffusion of Law in the 21st Century: Interaction and Influence." The conference will bring together scholars and practitioners to discuss the "globalization" of legal ideas and institutions in different areas of law.
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Members of Harvard Law School's Prison Legal Assistance Project, a clinical program that represents state prisoners in a variety of proceedings, recently participated in rewriting Massachusetts law governing state prison discipline.
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After 20 years as Harvard Law School's Associate Dean for Development, Scott Nichols will conclude his service on April 30 to become Vice President for Development and Alumni Affairs at Boston University.
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This weekend, HLS's Human Rights Journal will host its annual conference, which will focus on UN reform and human rights. The event is particularly timely given that, this year, the UN is slated to undergo the biggest reforms since its creation. The event will take place on February 25, 2006 in Pound Hall on the HLS campus.
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The following op-ed, co-written by Professor Alan Dershowitz, A Failure of the Press, appeared in The Washington Post on February 23, 2006: There was a time when the press was the strongest guardian of free expression in this democracy. Stories and celebrations of intrepid and courageous reporters are many within the press corps.
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The Harvard Legal Aid Bureau has elected a new board of directors, with Kimberly Harbin, 2L, taking the helm as president. Joining Harbin on the new board are 2Ls Jean Kosela, Julie Park, Paul Pineau, Humayun Khalid, Mira Edmonds, Vivian Chum, Libby Brown and Jonathon Bashford.
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Last weekend, a group of about 20 Harvard Law School Democrats traveled to Washington, D.C. to meet alumni and other lawyers with a variety of experience in government and politics.
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The following article by John Palfrey and Rebecca MacKinnon, Censorship Inc., was published in the February 27, 2006 issue of Newsweek: Executives of some of the world's most powerful companies squirmed in their seats last week as U.S. Rep. Tom Lantos (Democrat of California), a Holocaust survivor, lectured them about their role in helping China censor the Internet. "These companies tell us that they will change China," he told them. "But China has already changed them."
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Last weekend, third-year students Amar Mehta and Sabastian Niles took first place in the American Bar Association National Negotiation Championship. From a pool of 200 teams, Mehta and Niles were selected to represent the United States at the International Negotiation Competition in July.
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The following op-ed by HLS fellow Emran Qureshi: The Islam the Riots Drowned Out, was published in The New York Times on February 12, 2006. In a world of wrenching change, the Danish cartoon affair has widened a growing fissure between Islam and the West. The controversy comes at a time when many in the Islamic world view the war on terrorism as a war on Islam. They draw on memories of colonization and of the Crusades, when Western invaders ridiculed the Prophet Muhammad as an imposter.
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First-year student Elizabeth Barchas recently won the Overseas Press Club Foundation Scholarship, an award given to students who aspire to become foreign correspondents. From a pool of more than 175 applicants from 65 different schools, Barchas and twelve students were chosen by a panel of leading journalists.
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Professor Roger Fisher and Lecturer Daniel Shapiro were recently honored for their book "Beyond Reason" by the International Institute for Conflict Prevention and Resolution. The institute presented the authors with the book prize in a ceremony held in New York last month to recognize outstanding scholarship and practice in alternative dispute resolution.
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This January, twenty-five Harvard Law School students volunteered a week of their winter break to provide free legal and humanitarian assistance to area residents and community organizations in Southeast Louisiana.
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The following op-ed co-written by HLS Lecturer Daniel L. Shapiro and student Molly Dunham, The Replacements, was published in The New York Times on February 1, 2006: The executive board of New York City's Transport Workers Union met yesterday to discuss what steps to take now that its members have rejected the proposed contract deal that ended the three-day transit strike back in December.
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It has been only a few minutes since Pranvera Recica LL.M. 2006 finished her corporations exam, and she suddenly realizes she is exhausted. Collapsing onto a chair at the Hark on a December afternoon, she explains that she's had no more than two to three hours of sleep each of the past few nights, and she is looking forward to getting back to her dorm room for a nap.
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Assistant Professor Kenneth Mack is challenging conventional wisdom in his new article, "Rethinking Civil Rights Lawyering and Politics in the Era Before Brown," published in a recent issue of The Yale Law Journal.
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Tuesday's Securities and Exchange Commission vote in favor of expanded disclosure of executive pay arrangements is a necessary and very useful step. But we should harbor no illusion that it would be sufficient by itself to fix the problems of U.S. executive compensation.
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The airstrike in Damadola, Pakistan, on Jan. 13 is yet another example of how the Bush administration's policies are harming the interests of the United States. The short-term and long-term harm to the US military is clear. The seemingly botched job, with five children among those killed, increases the risk of revenge to US soldiers should they be captured. The credibility of the military is shaken because it seems that those planning the operation did not know who was coming to dinner
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John Palfrey '01, executive director of the Berkman Center for Internet and Society, was recently appointed clinical professor of law, a new position that recognizes his leadership in developing programs that give students real-world experience in cyberlaw litigation, client counseling, research and related issues. Here, Palfrey speaks with contributor Elaine McArdle about his work.
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Investors should applaud the SEC's vote yesterday to propose an expansion in disclosure requirements for executive pay. While there is room for reasonable disagreement on the merits of prevailing pay arrangements, there can be little disagreement on the quality of disclosure practices. These are highly inadequate.
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Arthur Taylor von Mehren, the Story Professor of Law Emeritus, died on January 16th at the age of 84. In addition to educating thousands of Harvard Law students over the course of a 50-year teaching career, von Mehren was a pioneer in comparative and international law. He helped to develop new thinking on a range of legal issues including international jurisdictions, commercial arbitration and comparative constitutional law.
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The following op-ed by Professor Alan Dershowitz, "Terrorism: Confusing cause, effect," was published in The Boston Globe on January 16, 2006: Whatever anyone might think of the artistic merits of Steven Spielberg's new film ''Munich," no one should expect an accurate portrayal of historical events.
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Lucian Bebchuk, director of HLS's Program on Corporate Governance, was named as one of this year's "100 most influential people in finance" by Treasury and Risk Management magazine. The list recognizes leaders in corporate finance, ranging from CEOs to regulators to academics.
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This morning, Harvard Law Professors Charles Fried and Laurence Tribe appeared before the Senate Judiciary Committee as part of a panel of legal experts testifying on the nomination of Samuel Alito for the Supreme Court.
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The following essay by Professor Alan Dershowitz, What Kind Of Justice Will Alito Be?, appeared in Forbes on January 13, 2006: Almost all justices vote almost all of the time in accordance with their own personal, political and religious views. That is the reality, especially on the Supreme Court, where precedent is not as binding, and where cases are less determined by specific facts than by broad principles.
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The following op-ed by Professor Philip Heymann, Bush must honor the rule of law, originally appeared in The Boston Globe on January 12, 2006: Based on his constitutional powers and the authorization for the use of military force granted by congressional resolution after the events of Sept. 11, 2001, President Bush has declared himself free to ignore any law that he thinks limits his ability to fight terrorism.
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When Justices William Rehnquist and Sandra Day O’Connor left the bench last year, conservatives were in an anxious mood: though pleased at the prospect of shifting the Supreme Court to the right, they were worried by the record of past Republican appointments. The refrain in conservative commentary, repeated with special intensity during the Harriet Miers affair, was: Not another Souter. Not another Kennedy. Not another O’Connor.
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The amicus brief submitted by more than 40 members of the HLS faculty in the case Rumsfeld v. FAIR was recently named one of the best legal writings of 2005. The awards were presented by the legal publication Green Bag, and the HLS brief was one of two chosen under the category of briefs and motions.
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Judge Samuel A. Alito Jr.'s opponents have seized upon two memorandums he wrote when he was a junior lawyer in the office of the solicitor general: one on the Thornburgh case, which dealt with Roe v. Wade, and the other on Mitchell v. Forsyth, which addressed the attorney general's personal liability for wiretaps found to violate the Constitution.
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Professor Charles Fried writes: I am convinced of the urgent necessity of such a surveillance program. I suppose but do not know -- the revelations have been understandably and deliberately vague -- that included in what is done is a constant computerized scan of all international electronic communications.