August 2010

• 

  Vermeule in TNR: An assessment of two different views of the ‘living Constitution’

  In the Aug. 2 issue of New Republic online, HLS Professor Adrian Vermeule ’93 reviews two new books: “Keeping Faith with the Constitution” by Goodwin Liu, Pamela S. Karlan, and Christopher H. Schroeder and “The Living Constitution” by David Strauss. Vermeule’s latest book is Law and the Limits of Reason (Oxford University Press 2009).

• 

  Bebchuk in Project Syndicate: How to pay a banker

  Lucian Bebchuk, Harvard Law School Professor of Law, Economics, and Finance, and Director of the Corporate Governance Program at Harvard Law School, wrote the op-ed "How to pay a banker," which appeared in the July 27 edition of Project Syndicate. It is part of his "Rules of the game" series written for the website.

• 

  Zittrain on NPR: Copyright decision not a get out of jail free card (audio)

  Harvard Law School Professor Jonathan Zittrain recently appeared on NPR’s “On The Media” to discuss the recent decision by the Librarian of Congress that “jailbreaking” a smart phone is not in violation the Digital Millennium Copyright Act (DMCA), which was enacted in 1998 to prevent the unauthorized distribution of copyrighted material via new media.

• 

  Docherty in Reuters Blog: international cluster bomb ban a milestone, but there's a long road ahead

  Harvard Law School Lecturer on Law Bonnie Docherty '01 recently wrote a post for Reuters' "The Great Debate UK" blog, as the first international cluster bomb treaty entered into force. Docherty is also a clinical instructor in the International Human Rights Clinic at Harvard Law School and a senior researcher in the Arms Division at Human Rights Watch.

• 

  Tribe to judges: take action on poverty issues

  Harvard Law School Professor Lawrence Tribe ’66, now a senior Justice Department counselor, received a standing ovation from the nation’s state chief justices last week after challenging them to take immediate steps to improve access to justice for juveniles, the poor and the middle class. An article by Tony Mauro in the National Law Journal reported on Tribe’s address, including his proposals for reform.

• 

  VIDEO: Barack Obama '91 honors Elena Kagan '86

  President Barack Obama '91 hosted a White House reception in honor of Elena Kagan '86, who was confirmed to be the next Justice on the United States Supreme Court on August 5, 2010. The Senate confirmed the former Harvard Law School Dean and Solicitor General by a vote of 63-37. With her confirmation, Kagan becomes the 20th Harvard Law School alumnus to serve on the Court. 

• 

  Minow in the Boston Globe: Also confirmed: Marshall’s legacy

  Harvard Law School Dean Martha Minow’s op-ed, entitled “Also confirmed: Marshall’s legacy,” appeared in the August 8, 2010, edition of The Boston Globe. According to Minow, the appointment of Elena Kagan’86 to the Supreme Court serves as a reminder of Marshall’s enduring legacy and most significant contribution to American law: his successful argument of Brown v. Board of Education.

• 

  Goldsmith in the Washington Post: The New START Treaty and Foreign Policy

  Harvard Law School Professor Jack Goldsmith recently published an op-ed in the Washington Post on the effects the new Strategic Arms Reduction Treaty (START) could have on the Senate’s role in foreign policy.

• 

  Massachusetts enacts landmark foreclosure protections drafted by Harvard Law School students (video)

  Groundbreaking legislation originally drafted by students from the Harvard Legal Aid Bureau (HLAB) to protect tenants from losing their homes after foreclosure was signed into law on August 7 by Massachusetts Governor Deval Patrick ’82, former president of HLAB.

• 

  Zittrain on 'All Things Considered:' The Pentagon’s options in the WikiLeaks matter (audio)

  Harvard Law School Professor Jonathan Zittrain recently appeared on NPR’s “All Things Considered” to discuss the website Wikileaks.org, and the Pentagon’s recent attempt to stop WikiLeaks from publishing classified documents, many pertaining to the war in Afghanistan.

• 

  Randall Kennedy on The Takeaway: The "Reconstruction Amendment" (audio)

  Harvard Law School Professor Randall Kennedy recently appeared on Public Radio International’s show “The Takeaway” to discuss the 14th amendment in light of the current immigration debate.

• 

  Lessig on NPR: The law and iPhone hacking (audio)

  Harvard Law School Professor Lawrence Lessig recently spoke on NPR’s “Talk of the Nation” about a new ruling that allows Apple iPhone users to “hack” into their phones so they can choose a different carrier. Lessig, the director of the Edmond J. Safra Foundation Center for Ethics at Harvard, also discussed recent changes to the Digital Millennium Copyright Act.

• 

  Berkman Center to conduct study to assist ICANN’s accountability and transparency review process

  The Berkman Center for Internet & Society at Harvard University will conduct an independent, exploratory study analyzing the communication and decision-making processes of the Internet Corporation for Assigned Names and Numbers (ICANN), the organization responsible for managing the internet's domain name system.

• 

  Minow on Balkinization Blog: Charter schools and integration

  Harvard Law School Dean Martha Minow wrote the post “Charter schools and integration” for the law blog 'Balkinization'.

• 

  Lessig in the Mercury News: Google-Verizon and Net Neutrality

  Harvard Law School Professor Lawrence Lessig recently co-wrote an op-ed in the San Jose Mercury News on how new legislative templates by Google and Verizon threaten true net neutrality.

• 

  Klarman: Is public opinion on gay marriage ahead of the Supreme Court's?

  Shifts in public opinion on gay marriage could influence Justice Kennedy and the fate of same-sex marriage in the Supreme Court, writes HLS Professor Michael Klarman in an op-ed in August 15, 2010 edition of The Los Angeles Times.

• 

  Royall Professor of Law Emeritus Benjamin Kaplan [1911-2010]

  Benjamin Kaplan, the Royall Professor of Law Emeritus at Harvard Law School and a former justice of the Massachusetts Supreme Judicial Court, died August 18, 2010.

• 

  Why torture is “absolutely wrong:” Charles Fried and Gregory Fried on WBUR (audio)

  Harvard Law School professor Charles Fried appeared on the August 19, 2010 edition of the WBUR program “Radio Boston” with his son and co-author, Gregory Fried, to discuss their new book, “Because it is Wrong: Torture, Privacy, and Presidential Power in the age of Terror.”

• 

  Current students endorse Warren for director of Bureau of Consumer Financial Protection

  Harvard Law School Professor Elizabeth Warren continues to gain support for serving as director of the newly created Bureau of Consumer Financial Protection. In a letter to the Oval Office, HLS students from the classes of 2011 and 2012 are urging the president to nominate Warren for the top spot at the bureau.            

• 

  Tom Ferriss '11: Backstage pass to the Kagan confirmation hearings

  As a legal fellow funded by the HLS Office of Public Interest Advising and a Heyman Fellowship, Tom Ferriss '11 became an expert on the work of then Supreme Court Nominee Elena Kagan, flagging issues that might draw political attention during her Senate Confirmation hearings.

• 

  Mnookin on PBS NewsHour: Bargaining with the Devil (video)

  Harvard Law School Professor Robert Mnookin ’68 appeared on PBS NewsHour on August 25. He spoke with economics correspondent Paul Solman about the rewards and challenges of negotiation. Mnookin is the author of “Bargaining with the Devil: When to Negotiate, When to Fight,” which was published by Simon & Schuster in February.