Philip B. Heymann

James Bar Ames Professor of Law, Emeritus

Langdell Library 317

617-495-3137

Assistant: Sandra Mays / 617-496-3358

Biography

Philip Heymann is the James Barr Ames Professor of Law at the Harvard University Law School. Heymann has served at high levels in both the State and Justice Departments during the Kennedy, Johnson, Carter, and Clinton administrations including Deputy U.S. Attorney General (1993-1994). A former Fulbright Scholar with degrees from Yale University and Harvard Law School, Heymann has served as clerk for Supreme Court Justice John Harlan, Assistant U.S. Attorney General in charge of the Criminal Division (1978-81) and Assistant to the Solicitor General in the Justice Department, Acting Administrator of the State Department's Bureau of Security and Consular Affairs, Deputy Assistant Secretary of State for the Bureau of International Organizations, Executive Assistant to the Undersecretary of State, and Deputy U.S. Attorney General (1993-94). In addition, he was a former associate prosecutor and consultant to the Watergate Special Force.

Since then, he has been integrally involved in the national debate about the conditions necessary to keep high officials accountable to the system of criminal justice. Heymann’s global work has reached from Guatemala, to Peru, Northern Ireland, the Palestinian Authority, South Africa, and Russia. At Harvard Law School he leads efforts to encourage national and international public service by lawyers.

Heymann has authored and edited seven books and numerous articles on terrorism, management in government, criminal justice, and combating corruption. His most recent book, Protecting Liberty in Age of Terror, co-authored with Juliette Kayyem from the Kennedy School of Government, explores threats to national security and civil liberties posed by terrorism. Informed by meetings with senior counterterrorism experts from the United States and United Kingdom, Protecting Liberty in Age of Terror (2005) provides a legal framework for policymakers faced with decisions on coercive interrogation, detention, electronic surveillance, targeted killing, and racial profiling, among other issues. Jeffrey H. Smith, former General Counsel of the CIA, has said that Protecting Liberty in an Age of Terror “should be read by the President and Congress, who should then move quickly to adopt as many of its suggestions as possible,” and former Republican Congressman Bob Barr warned, “current and future policymakers ignore this blueprint at our peril.”

Terrorism, Freedom, and Security (2003), Heymann’s previous book on terrorism, prompted Rand Beers, former Special Assistant to the President and Senior Director for Combating Terrorism, to describe Heymann as “one of the leading thinkers in the world on the subject of terrorism.” Ariel Merari, founder and former commander of Israel’s Hostage Negotiation and Crisis Management Team, described Heymann’s book Terrorism and America, as “by far the best treatise on coping with terrorism.”

Areas of Interest

Gabriella Blum & Philip B. Heymann, Laws, Outlaws, and Terrorists: Lessons from the War on Terrorism (2010).
Categories:
Criminal Law & Procedure
,
Government & Politics
,
International, Foreign & Comparative Law
Sub-Categories:
Terrorism
,
National Security Law
,
Politics & Political Theory
,
Executive Office
,
International Law
Type: Book
Abstract
In this book, Blum and Heymann reject the argument that traditional American values embodied in domestic and international law can be ignored in any sustainable effort to keep the United States safe from terrorism. Instead, they demonstrate that the costs are great and the benefits slight from separating security and the rule of law. They argue that the harsh measures employed by the Bush administration were authorized too broadly, resulted in too much harm, and often proved to be counterproductive for security. Although they recognize that a severe terrorist attack might justify changing the balance between law and security, they call for reasoned judgment instead of a wholesale abandonment of American values. They also argue that being open to negotiations and seeking to win the moral support of the communities from which the terrorists emerge are noncoercive strategies that must be included in any future efforts to reduce terrorism. (From the Publisher)
Marc Mauer, David L. Weimer & Philip Heymann, A Better War on Drugs, 23 Issues in Sci. & Tech. 10 (2007).
Categories:
Criminal Law & Procedure
Sub-Categories:
Criminal Justice & Law Enforcement
Type: Article
Philip B. Heymann & Juliette N. Kayyem, Protecting Liberty in an Age of Terror (MIT Press 2005).
Categories:
Criminal Law & Procedure
,
Discrimination & Civil Rights
Sub-Categories:
Terrorism
,
Civil Rights
Type: Book
Abstract
"Since September 11, 2001, much has been said about the difficult balancing act between freedom and security, but few have made specific proposals for how to strike that balance. As the scandals over the abuse of Iraqi prisoners at Abu Ghraib and the "torture memos" written by legal officials in the Bush administration show, without clear rules in place, things can very easily go very wrong." "With this challenge in mind, Philip Heymann and Juliette Kayyem, directors of Harvard's Long-Term Legal Strategy Project for Preserving Security and Democratic Freedoms in the War on Terrorism, take a detailed look at how to handle these competing concerns. Taking into account both the national security viewpoint and the democratic freedoms viewpoint, Heymann and Kayyem consulted experts from across the political spectrum - including Rand Beers, Robert McNamara, and Michael Chertoff (since named Secretary of Homeland Security) - about the thorniest and most profound legal challenges of this new era. Heymann and Kayyem offer specific recommendations for dealing with such questions as whether assassination is ever acceptable, when coercion can be used in interrogation, and when detention is allowable. They emphasize that drawing clear rules to guide government conduct protects the innocent from unreasonable government intrusion and prevents government agents from being made scapegoats later if things go wrong. Their recommendations will be of great interest to legal scholars, legislators, policy professionals, and concerned citizens."--Jacket.
Philip B. Heymann, In Memoriam: Archibald Cox, 118 Harv. L. Rev. 11 (2004).
Categories:
Legal Profession
Sub-Categories:
Biography & Tribute
Type: Article
Philip B. Heymann, Civil Liberties and Human Rights in the Aftermath of September 11, 25 Harv. J.L. & Pub. Pol'y 441 (2002).
Categories:
International, Foreign & Comparative Law
,
Discrimination & Civil Rights
Sub-Categories:
Civil Rights
,
Human Rights Law
Type: Article
Philip B. Heymann, Dealing with Terrorism: An Overview, 26 Int'l Security 24 (2001).
Categories:
Criminal Law & Procedure
Sub-Categories:
Terrorism
Type: Article
Philip B. Heymann, In Memoriam: James Vorenberg, 114 Harv. L. Rev. 9 (2000).
Categories:
Legal Profession
Sub-Categories:
Biography & Tribute
Type: Article
Philip B. Heymann & Rod Rosenstein, Four Unresolved Questions about the Responsibilities of an Independent Counsel, 86 Geo. L.J. 2119 (1998).
Categories:
Legal Profession
Sub-Categories:
Professional Responsibility
Type: Article
Philip B. Heymann & Jody Heymann, The Fate of Public Debate in the United States, 33 Harv. J. on Legis. 511 (1996).
Categories:
Government & Politics
Sub-Categories:
Politics & Political Theory
Type: Article
Philip B. Heymann & Mark H. Moore, The Federal Role in Dealing with Violent Street Crime: Principles, Questions, and Cautions, 543 Annals Am. Acad. Pol. & Soc. Sci. 103 (1996).
Categories:
Criminal Law & Procedure
Sub-Categories:
Criminal Justice & Law Enforcement
Type: Article
Policing the Conflict in South Africa (Mary L. Mathews, Philip B. Heymann & Anthony S. Mathews eds., 1993).
Categories:
Criminal Law & Procedure
,
International, Foreign & Comparative Law
Sub-Categories:
Criminal Justice & Law Enforcement
,
Foreign Law
Type: Book
Philip B. Heymann, Two Models of National Attitudes Toward International Cooperation in Law Enforcement, 31 Harv. Int'l. L. J. 99 (1990).
Categories:
Criminal Law & Procedure
,
International, Foreign & Comparative Law
Sub-Categories:
Criminal Justice & Law Enforcement
,
International Law
Type: Article
Philip B. Heymann, The Risks of Corruption, 89 Pub. Int. 128 (1987).
Categories:
Criminal Law & Procedure
Sub-Categories:
Criminal Justice & Law Enforcement
Type: Article
Philip B. Heymann, Understanding Criminal Investigations 22 Harv. J. on Legis. 315 (1985).
Categories:
Criminal Law & Procedure
Sub-Categories:
Criminal Prosecution
,
Criminal Evidence
Type: Article

Langdell Library 317

617-495-3137

Assistant: Sandra Mays / 617-496-3358