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Rakoff Named First Dean of the J.D. Program
HLS Expands Loan Forgiveness Program
Klein Makes Case against Microsoft
Exhibit Honors Justice Marshall
Stuntz Brings Criminal Justice Focus to HLS
Harvard Defenders Celebrates 50th Anniversary
The Original Defenders
The Great Negotiator
A Day in the Pupils' Court
Hemenway Gym Gets in Shape
Auction 2000 Breaks Fund-raising Record
21 Equals $1.12M for HLS Student

Rakoff Named First Dean
of the J.D. Program

Professor Todd RakoffTodd Rakoff '75, Byrne Professor of Administrative Law since 1996 and a member of the faculty since 1979, will begin in July in the new position of dean of the J.D. program.

His appointment to a three-year term comes as the School nears completion of a strategic planning process to examine its curriculum and educational program, areas that he will manage in his new role. An associate dean from 1993 to 1998, Rakoff will also be responsible for working with the faculty committee that appoints lecturers and visiting pro-fessors; for overseeing academic requirements and organizing the curriculum; and for making recommendations on teacher training and joint degree programs, according to Dean Robert Clark '72.

The School is introducing the position in response to the growth of HLS and the demands on the dean of the Law School, and to fulfill the goals of the strategic planning process, said Associate Dean Carol Steiker '86.

"It's really essential to have someone focus on long-range academic and curriculum planning," she said. "Todd is the obvious person on the faculty to do it. He's devoted himself to issues of pedagogy. This is really something he's very committed to.

"I'm personally thrilled that he's taking on this job. When we think about the reasonable man, we think about Todd Rakoff. Todd embodies the characteristics of reasonableness to which the legal profession aspires."

Rakoff said that he will seek both to improve existing programs at HLS and to introduce new components to the course of study. He said that the School hopes to offer information on two years of upcoming courses rather than the current one year to allow students to do more long-range course planning. He favors offering expanded opportunities in the joint degree programs, with an attempt to forge closer partnerships with the traditionally autonomous schools of the university.

"If you were looking at this from a marketing point of view, clearly one of the potential competitive advantages of Harvard Law School is not only that it is a terrific law school but it's sitting right next to a terrific business school, terrific school of government, terrific medical school, terrific departments of philosophy, economics, and so forth," he said. "For those who are interested in [joint programs], Harvard University, taken as a whole, ought to be the place that they want to come to. Up to now we have not reaped all the advantages of that."

In response to scrutiny and some complaints regarding the student-faculty ratio at HLS, Rakoff said that the ratio has improved and he expects further improvement in the future. Yet he contended that student-faculty ratio "is not the most important determinant of either the quality of what students learn or their happiness."

Rakoff said the School should explore more advanced courses, including specialized "capstone" courses that have prerequisites, as well as research programs on the cutting edge of law. Indeed, the School should offer a curriculum that reflects the fast-evolving practice of law, he said.

"The practice of law has radically changed, and that challenges us to ask whether our curriculum educates our students to meet the demands of the current situation as opposed to the situation 25 or 50 years ago," said Rakoff.

Today's law school education should encompass not only the traditional and developing subjects, but an examination of the legal profession itself, Rakoff believes. Such a program could address the available legal jobs, the typical career paths of lawyers, and the different roles within the legal profession. Students, he said, "get their image of the legal profession from reading the newspapers and watching Law and Order. If they're going to invest their lives [in the profession], they need better than that."

The image of the law, often gleaned from popular culture, has been tarnished since Rakoff was an HLS student, he said. The School, as part of its role, should emphasize the constructive side of the law, the side that inspired many of his classmates to enter the profession and to foment positive change, said Rakoff.

"When I went to law school in the early 1970s, if you asked people what they knew about the legal system before they got to law school, you were thinking about the great Warren Court decisions that had really contributed to social justice if you were thinking about litigation," he said. "Or if you were thinking about legislation, you were thinking about the various civil rights acts and voting rights acts in the 1960s or the environmental and consumer protection and safety laws of the early 1970s. So there was a real sense on both the litigation front and the legislation front that the law was really a constructive force. Maybe today's students need to have it more clearly shown to them that law is an instrument or a tool that can solve problems rather than make problems."

Prior to earning his HLS degree, Rakoff received a B.A. in Social Studies in 1967 from Harvard University, a B.Phil. in Political Philosophy in 1969 from Oxford University, and an M.S.Ed. in Urban Education in 1971 from the University of Pennsylvania.

His wide-ranging interest in the law is demonstrated in his yet-to-be published book, Law and the Structure of Social Time.

"It's about the role of time in society, which is obviously on a lot of people's minds at the moment, be it as a social phenomenon or in terms of the stresses of their own lives," he said, "and about the part that the law plays in the situation, which I think is under-appreciated."


 

HLS Expands Loan Forgiveness Program

Dean Robert Clark '72 announced this spring an extensive expansion of Harvard Law School's loan forgiveness program, making it one of the most generous programs of its kind in the country.

The School's Low Income Protection Plan (LIPP), the oldest such program in the country, forgives loans for HLS graduates who are working in law-related jobs and who are struggling with high educational debt obligations. Harvard Law School students currently graduate with an average law school debt level of approximately $70,000.

Under new guidelines, effective immediately, alumni earning less than $31,000-the salary level for many legal services providers and local government attorneys-will receive full loan forgiveness.

Another major reform concerns alumni with children. The program has increased dependency allowances, expanded coverage for parental leave, and expanded benefits for alumni working on a part-time basis after having children.

The School also has increased the salary ceiling for alumni to be eligible for loan forgiveness from $51,000 to $72,000. This increase is intended to keep alumni, such as those who are providing public service as federal government employees or as executives of public interest organizations, from being abruptly forced out of the LIPP program.

Other changes include new coverage of loans related to expenses for judicial clerkships and job interviews, and lowering the interest rate on LIPP loans.

"I am very happy that Harvard Law School is able to make these positive changes to its loan forgiveness program," said Clark. "I am very grateful to the many loyal graduates whose continued strong support makes them possible."


 

Klein Makes Case against Microsoft Joel Klein

Joel Klein '71, assistant attorney general in charge of the Justice Department's
Antitrust Division and head attorney in the government's recent victory against
Microsoft, addressed a Harvard Law School Forum audience this spring.
Klein spoke about the importance of antitrust enforcement in the new economy.
To read more about his talk or to hear a recording,
go to www.law.harvard.edu/studorgs/forum/recent.html.

Photograph by Richard Chase


 
 
 
 
 
 
 
 
 
 
 
 
 

Exhibit Honors Justice Marshall

Photograph by Tony Loreti


 
 

Stuntz Brings Criminal Justice Focus to HLS

Professor William StuntzIn what Dean Robert Clark '72 called a "stunning addition" to the criminal law faculty, University of Virginia Law School Professor William Stuntz will move north to Harvard in July.

"Stuntz is renowned across the country as a brilliant and systematic scholar of criminal procedure," Clark said last fall in announcing Stuntz's appointment. "His pathbreaking work in this field is unusual for its grounding in empirical research."

Stuntz said his research focuses on the institutional design of the United States' "horribly diseased" criminal justice system. "It does a bad job of controlling crime; it does a bad job of limiting misconduct by police and prosecutors; and it does a bad job of separating the innocent from the guilty," Stuntz said. "The answers, I believe, lie not in the kinds of debates about constitutional law we usually have, and not in new policing strategies that are all the rage these days, but in the way the relevant institutions are structured."

A native of Annapolis, Md., Stuntz studied English and History at the College of William and Mary and attended the University of Virginia School of Law. He then clerked for a federal district court judge in Pennsylvania and Supreme Court Justice Lewis F. Powell, Jr. before joining the University of Virginia law faculty in 1986.

Stuntz said he is currently finishing a book on "over-criminalization." The book attempts to explain why American criminal law is so broad and continues to get broader.

"American criminal codes are like Sherwin-Williams paint: They cover the earth," Stuntz said. "This is why, for example, independent counsels can generally find something on the politicians they investigate. And that's an example of the cost of having very, very broad criminal laws. It gives prosecutors extraordinary power to punish those whom they wish to punish."

Off campus, Stuntz has lectured to law enforcement officials at the FBI's training facility in Quantico, Va. He has also taught short courses on Christianity and legal theory at the Center for Christian Study in Charlottesville, Va. "It's fair to say that there aren't very many serious Christians in legal academics," Stuntz said. "As a result, legal theory is relentlessly, even aggressively, secular."

Stuntz said he'll miss Virginia but added that he's looking forward to joining the Harvard Law faculty and living in Boston. He caught a glimpse of HLS while teaching first-year criminal law as a visiting professor during the fall 1998 semester. "Harvard is an exciting place, and I'm excited to be able to be a part of it," Stuntz said. "Among other things, I'm really looking forward to seeing some games at Fenway Park - while there still is a Fenway Park."
- Seth Stern '01

Photograph by Richard Chase

Harvard Defenders Celebrates 50th Anniversary

Panel Examines Influence of Popular Culture on Criminal Defense

A panel that included many former members of the Harvard Defenders marked the 50th anniversary of the group by examining the widely misunderstood role of the defender in the courtroom and in society. Moderated by HLS Professor Charles Ogletree, Jr. '78, the symposium, titled "Ethics in the Trenches: The Gap Between Cultural Perceptions and the Practice of Law," scrutinized journalists' presentation and the public's grasp of complex legal matters.

"We have to learn that people will misunderstand us because they don't understand what we do," said Sam Dash '50, first chairman of the Harvard Defenders and chief counsel of the Senate Watergate hearings. He added that he has experienced press coverage that distorted his work. "You are in the office doing what you're doing and [the media presents] a fiction. It has nothing to do with what goes on in the office. Nevertheless, it becomes reality."

George Freeman '75, assistant general counsel of the New York Times Company, said that the public's knowledge of the criminal justice system would increase if more trials were broadcast on television.

"Especially as a result of O.J. [Simpson], when television in trials got a bad name, fewer and fewer trials are being televised," he said. "The result of that is that the public is getting their information more from L.A. Law and Ally McBeal than the trials themselves."

Most panelists disagreed, however, saying that the media would air portions of only the most sensational trials, which would misrepresent the breadth of the criminal justice system.

Jack Litman '67, a former deputy chief of the Homicide Bureau of the New York County District Attorney's Office who is now in private practice, argued that the public will always blame defense attorneys in reaction to their fear of increasing criminal activity. "The criminal defense attorney is the lightning rod and has to face the slings and arrows of the public," he said.

Professor Charles Olgetree, Jr.When Ogletree inquired about the perception that defense attorneys are too closely identified with their clients, Penelope Marshall '81, the only panelist who is a career public defender, pleaded guilty to the charge.

"I don't mind being an extension of my clients," said Marshall, the attorney-in-charge of the Federal Defender Office of the District of Delaware. "I understand where my clients come from. I understand that sometimes they cross the line."

Panelists also discussed the fact that many Harvard Defenders become prosecutors, including participants Scott Harshbarger '68, the former Massachusetts attorney general and district attorney of Middlesex County, and G. Glenn Roque-Jackson '92, an assistant U.S. attorney in the Western District of Texas. They pointed to the power advantage afforded prosecutors and their ability to change the system from within.

Emphasizing the continued necessity of the Harvard Defenders, other panelists called for equity in the criminal justice system. "The greatest disgrace in this country is that the motto on the Supreme Court building, 'Equal Justice Under the Law,' is a lie," said Dash. "Let's give indigent defendants the same kind of representation we give rich defendants."

Other symposium participants were Arthur Applbaum, associate professor of public policy at Harvard's John F. Kennedy School of Government; Robert Cordy '74, managing partner of the Boston office of McDermott, Will & Emery; HLS Professor Alan Dershowitz; Ruth Fitch '83, partner in the Boston firm Palmer & Dodge; Tony Fitch '69, partner at the Washington, D.C. firm Swidler Berlin Shereff Friedman; Bishop Earl W. Jackson '78, founder and spiritual leader of Exodus Faith Ministries; Deborah Ramirez '81, professor at Northeastern University School of Law; John Salsberg, supervising attorney and clinical instructor of the Harvard Defenders since 1979; Judge Frank Schwelb '58 of the District of Columbia Court of Appeals; and Professor Alan Stone, Touroff-Glueck Professor of Law and Psychiatry at Harvard University.

Photograph by Tony Loreti

The Original Defenders

The Original Defenders

The Harvard Defenders celebrated 50 years of serving indigent criminal defendants with a tribute to the original members of the group from the Class of 1950.

Five members were honored during Reunions weekend on April 29. Jack Litman '67, honorary chairman of the event and a former Defender, presented commemorative plaques to (from left) Myron Boluch; Sam Dash, first chairman of the organization; Hershel Sarbin; A. Paul Goldblum; and Efrem Gordon (another original Defender, Sidney Paige, was unable to attend). Also recognized was Wilbur Hollingsworth (far right), who served as chief counsel of the Boston Voluntary Defenders Committee, which supervised the students' work when the HLS group was launched. Litman called the honorees pioneers who assisted countless defendants - including one whose death sentence was commuted - nearly 15 years before attorneys were appointed at public expense to represent clients.

When it began in 1949, the Harvard Voluntary Defenders, as it was then known, primarily conducted jail interviews and investigations to help the Boston Volunteer Defenders at court hearings and trials. Third-year Defenders were later allowed to make court appearances on behalf of clients. Today, members of the group, which is the largest student-run clinical organization at HLS, represent clients in welfare fraud cases and show-cause hearings.

Photograph by Tony Loreti

The Great Negotiator

U.S. Senator George Mitchell

This spring former U.S. Senator George Mitchell, who chaired
the Northern Ireland peace negotiations that led to the "Good Friday Agreement" of 1998, received the Great Negotiator Award from the HLS Program on Negotiation (PON). Professor Robert Mnookin '68, chair of the steering committee of PON, praised Mitchell for exemplifying the qualities of "preparedness, trustworthiness, creativity, and diligence that mark a great negotiator." In addition to receiving the award, presented this year for the first time, Mitchell was the keynote speaker at "The Lawyer as Problem Solver," a symposium held at the School this spring cosponsored by the Harvard Negotiation Law Review, the Harvard Negotiation Research Project, and the CPR Institute on Dispute Resolution. The symposium's other panelists and presenters included Mnookin; Paul Brest '65, president of the William and Flora Hewlett Foundation; and Professors Todd Rakoff '75 and Frank Sander '52.

Photograph by Nicki Pardo


 
 
 
 
 

A Day in the Pupils' Court

Diane Ring

Thirteen-year-old Queen Pleasant can't graduate from law school until at least 2011, but she got a head start on her legal education in April as she cross-examined witnesses in the Ames Courtroom.

Pleasant, along with more than 150 other Cambridge and Malden middle-school students, visited campus for a day as part of the annual Kids in the Court program. For the program, 50 HLS volunteers made eight visits to local classrooms, where they taught students about the legal system and prepared them for roles as witnesses and attorneys in mock trials involving fictional school discipline infractions, according to coordinator Maria Sanders '01.

During the April 11 trial, students eagerly took turns quizzing witnesses and delivering opening and closing statements in the case of Roscoe Pound High School quarterback Arthur Miller, who was suspended from the football team after school officials found beer in his locker.

"I've been stunned at how excited the kids are about the program," Sanders said.

Law School students served as jurors, and Assistant Professor Diane Ring '90 presided as judge in the 90-minute trial. "I just have a blast," said Ring, who has volunteered to play judge for the past several years.

After ten minutes of deliberations, the jury found for plaintiff Miller, but both sides were rewarded equally with a pizza party.

"It went great," said team leader Michael Nunnelley '02. "The kids had a good time, and they clearly learned a lot."

The aspiring lawyers said they enjoyed their day in court. "It was a good opportunity to learn what goes on in the courtrooms in the United States," said Malden Middle School eighth-grader Patrick Desmond.
- Seth Stern '01

Just in time to help relieve the stress of finals, students celebrated the reopening of Hemenway Gymnasium on April 5. The renovated gym features $100,000 of new fitness equipment, a larger weight room and an improved aerobics area.

Hemenway Gym Gets in Shape

Dean Clark at Hemenway GymJust in time to help relieve the stress of finals, students celebrated the reopening of Hemenway Gymnasium on April 5. The renovated gym features $100,000 of new fitness equipment, a larger weight room and an improved aerobics area.

After years of complaints about the gym's cramped, dungeon-like atmosphere and outdated equipment, Law School Council leaders approached Dean Robert Clark '72 this year with a plan for improvements.

"The Hemenway Gym served as a time capsule," said Law School Council president Manoj Mate '00. "It showed what a state-of-the-art gym looked like in the 1950s."

A gift from Robert Haas '72 helped add five treadmills, five exercise bikes, and four elliptical cross-trainers, as well as new free weight equipment. Construction workers knocked out a wall between two basement squash courts to make room for a new weight room, and transformed a top-floor room into an aerobics area. The renovations required approval from the Faculty of Arts and Sciences, which owns and operates the building.

At the reopening ceremony, students enjoyed fruit smoothies, watched Dean Clark perform some inaugural exercises, and marveled at the new facilities.

"I think it's great. It's got everything you can ask for," said Karl Fanter '02 as he prepared to do squats on one of the new machines. "They did a really good job."

- Seth Stern '01

Auction 2000 Breaks Fund-raising Record

Auction 2000As the crowd cheers him on, Kyle Cauthron '02 (center) vies for a fly-fishing trip to Montana, one of the most coveted items up for bid at this year's public interest auction. Dubbed Auction 2000, the event raised a record-breaking $108,000 to support students working in public interest jobs this summer. The six-year-old event drew hundreds of students and faculty into the Ames Courtroom for the live portion of the auction. The amount raised also includes money from the silent auction as well as more than $50,000 in corporate sponsorships. Another popular item put up for bid by Professors Carol Steiker '86 and Phil Heymann '60, auctioneers for the event, was lunch with Al Sharpton, Ed Koch, and Professor Charles Ogletree, Jr. '78 (or, as Ogletree described it, "an afternoon with America's most controversial figures"), which sold for $1,400. An all-inclusive trip to London went for $1,500 and a stay with a Ghana Supreme Court Judge sold for $900. The Law School's Scales of Justice, among the entertainers at the event, donated four performances to the auction, raising over $6,000. Organized by first-year students, the March event was chaired by Dan Bahar '02, Joy Radice '02, and Kerri Sherlock '02. The Office of Public Interest Advising provided administrative support.

Photograph by Richard Chase

21 Equals $1.12M for HLS Student

Rahim OberholtzerEven with law firm salaries skyrocketing, graduating Harvard Law School students will have trouble matching fellow 3L Rahim Oberholtzer's $1.12 million earnings from two hours of work in January.

That's when Oberholtzer became the biggest winner in television game show history on NBC's Twenty One. But the 27-year-old Houston native had little time to celebrate: He took the red-eye back to campus for a final exam.

Appearances on the Today Show and rounds of congratulations from friends on campus followed the program's airing. Oberholtzer said he also received an anxious call from his future employers at a Houston investment bank who wondered if he still planned on showing up for work in the fall.

"I already accepted the position before I won," Oberholtzer said. "It worked out well. Now I can learn how to invest the money that I won."

Oberholtzer said his winnings will help pay off student loans and family medical bills as well as possibly starting a scholarship at either Harvard Law School or his undergraduate alma mater, the University of Texas at Austin.
- Seth Stern '01

NBC Photo: David Burke

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