Charles R. Nesson

Weld Professor of Law

Biography

Professor Nesson charted the early field of Internet law in 1997 when he founded the Berkman Center for Internet & Society at Harvard Law School, which has since evolved to become the Berkman Klein Center for Internet & Society at Harvard University. He has taught Evidence, the American Jury, and Fair Trail for Harvard Law School and continues to incorporate cutting-edge technology into his classes. Professor Nesson is currently leading a project for restorative justice in Jamaica, and during the academic year he teaches courses in Evidence and the American Jury. More information can be found at: https://en.wikipedia.org/wiki/Charles_Nesson 

Areas of Interest

Charles R. Nesson, Foreword, in The Digital Public Domain: Foundations for an Open Culture xi (Juan Carlos De Martin & Melanie Dulong De Rosnay eds., Open Book Pub. 2012).
Categories:
Technology & Law
Sub-Categories:
Intellectual Property Law
,
Digital Property
Type: Book
Stephanie Weiner & Charles R. Nesson, Public Trial in the Age of Internet (Jul. 30, 2010).
Categories:
Government & Politics
,
Civil Practice & Procedure
,
Technology & Law
Sub-Categories:
Government Transparency
,
Courts
,
Judges & Jurisprudence
,
Communications Law
Type: Article
Abstract
The Judicial Conference of the United States has a longstanding policy prohibiting television and other electronic media coverage of federal district court proceedings. The public is losing a great deal from being deprived of easy access to the proceedings in its courts. Despite the top-down command to ban cameras, bottom-up resistance seems to be gaining momentum in the district and circuit courts. Internet access to gavel-to-gavel digital recording of public court proceedings would allow all who are interested to follow the proceedings. Those who would deny the public that access ought at least to bear the burden of rationally explaining why the public should be excluded from what purport to be public trials.
Peter L. Murray, Eric Green & Charles R. Nesson, Problems, Cases and Materials on Evidence (Aspen L. & Bus. 3rd ed. 2001).
Categories:
Criminal Law & Procedure
,
Legal Profession
Sub-Categories:
Criminal Evidence
,
Legal Education
Type: Book
Charles R. Nesson & Michael J. Leotta, The Fifth Amendment Privilege Against Cross-Examination, 85 Geo. L.J. 1627 (1997).
Categories:
Constitutional Law
Sub-Categories:
Fifth Amendment
Type: Article
Abstract
This article discusses the fifth amendment privilege against self-incrimination. It analyzes the difference between the drawing inferences from taking fifth amendment privileges in the case of parties to litigation and witnesses, and explores the no-inference rule in both cases.
Borders in Cyberspace: Information Policy and the Global Information Infrastructure (Brian Kahin & Charles Nesson eds., MIT Press 1997).
Categories:
Technology & Law
Sub-Categories:
Cyberlaw
,
Information Privacy & Security
Type: Book
Abstract
Today millions of technologically empowered individuals are able to participate freely in international transactions and enterprises, social and economic. These activities are governed by national and local laws designed for simpler times and now challenged by a new technological and market environment as well as by the practicalities and politics of enforcement across national boundaries.Borders in Cyberspace investigates issues arising from national differences in law, public policy, and social and cultural values as these differences are reformulated in the emerging global information infrastructure. The contributions include detailed analyses of some of the most visible issues, including intellectual property, security, privacy, and censorship.
Charles R. Nesson, Incentives to Spoliate Evidence in Civil Litigation: The Need for Vigorous Judicial Action, 13 Cardozo L. Rev. 793 (1991).
Categories:
Civil Practice & Procedure
Sub-Categories:
Evidence
,
Litigation & Settlement
Type: Article
Charles R. Nesson, Kaplow and Shavell on Legal Advice in Litigation, 103 Harv. L. Rev. 2082 (1990).
Categories:
Civil Practice & Procedure
,
Legal Profession
Sub-Categories:
Litigation & Settlement
,
Legal Services
Type: Article
Charles R. Nesson, Evidence Or the Event? On Judicial Proof and the Acceptability of Verdicts, 98 Harv. L. Rev. 1357 (1985).
Categories:
Civil Practice & Procedure
,
Criminal Law & Procedure
Sub-Categories:
Evidence
,
Practice & Procedure
Type: Article
Charles R. Nesson, Rationality, Presumptions, and Judicial Comment: A Response to Professor Allen, 94 Harv. L. Rev. 1574 (1981).
Categories:
Criminal Law & Procedure
Sub-Categories:
Criminal Evidence
,
Jury Trials
Type: Article
Charles R. Nesson & Andrew D. Koblenz, The Image of Justice: Chandler v. Florida, 16 Harv. C.R.-C.L. L. Rev. 405 (1981).
Categories:
Criminal Law & Procedure
,
Constitutional Law
Sub-Categories:
Fourteenth Amendment
Type: Article
Charles R. Nesson, Reasonable Doubt and Permissive Inferences: The Value of Complexity, 92 Harv. L. Rev. 1187 (1979).
Categories:
Criminal Law & Procedure
Sub-Categories:
Criminal Prosecution
,
Criminal Evidence
Type: Article
Abstract
Permissive inferences have long served to assist state and federal prosecutors by authorizing juries to infer an essential element of a crime from proof of some other fact commonly associated with it. Professor Nesson argues, however, that this type of presumption accomplishes the goals of its legislative authors by necessarily subverting those aspects of the criminal adjudication system that tend most to secure public respect for trial verdicts. To avoid this result, he proposes alternative ways of achieving the legitimate purposes behind permissive inferences, with particular emphasis on the pending revision of the Federal Criminal Code.
Charles R. Nesson, Protective Judicial Doctrine (Harv. L. Sch. 1974).
Categories:
Government & Politics
Sub-Categories:
Judges & Jurisprudence
Type: Book

Academic Appointment and Employment History

Current Courses

Course Catalog View