Media Mentions

On Wednesday, a lawyer for the ex-captain of the Yale men's basketball team told Business Insider his client wants readmission to the Ivy League University. The former basketball captain, Jack Montague, is seeking readmission as part of a lawsuit he's planning to file against the university over its decision to expel him as the result of a sexual misconduct allegation..."As far as I know, the Yale expulsion is a final decision and he has exhausted his Yale appeals," Jeannie Suk, a Harvard Law School professor, told Business Insider. Suk has been vocal about these types of cases in the past, often arguing that the criminal court system, not colleges, should be the adjudicators of alleged sexual misconduct. "A lawsuit will not be able to force Yale to reverse its expulsion, even if Montague prevails against Yale in court. It will be a lawsuit for damages, alleging that Yale violated state and/or federal law in the policy or procedure they used to investigate and adjudicate his disciplinary case," she continued.

Controversy erupted this year over Harvard Law School’s seal, which featured the crest of the once-slaveholding Royall family. But long before the current firestorm, the story of Isaac Royall, Jr. quietly lived on in his former Massachusetts house—now a museum—and his surviving descendants, who caution against forgetting the family's history...A descendant of Isaac Royall, Jr.’s, eight generations later, grew up with the story of his contribution to Harvard, and knew about the crest’s link to her family and its slaves before [Daniel] Coquillette unearthed that information. Sixty-five-year-old global health consultant Julia Royall, who now lives in Seattle, recalled learning her family history as a child. She said that preserving this history was important to her relatives,

Racial-justice activists at Harvard Law School (HLS) won one of the largest public battles over the school’s legacy this month, when the administration agreed to abandon the existing HLS shield. ...On Monday night, Reclaim HLS hosted a critical race theory teach-in by Khiara Bridges, an associate law professor at Boston University, modeled on how she teaches first-year criminal law. “We’re not pretending that we’re disconnected from the real world,” Bridges said as she opened her presentation, alluding to one of the motivating goals of critical race theory: to link activism with academics. The event took place in the student lounge of Wasserstein Hall, which members of Reclaim HLS have occupied for the last month to create opportunities for learning and discussion, and to bring visibility to their demands.

You could almost hear the gasps from media-industry insiders last week when a Florida court handed down a mammoth $115 million judgment against Gawker Media in a privacy suit by former wrestling star Hulk Hogan. But despite the headline-grabbing nature of the award, there are plenty of good reasons to believe the decision should be—and likely will be—overturned. ...As Harvard law professor Noah Feldman pointed out in a recent piece for Bloomberg, a public figure like Hulk Hogan is assumed to have a somewhat more restricted right to privacy than a non-celebrity, thanks in large part to the Supreme Court’s decision in New York Times vs Sullivan. And whatever protection the wrestler might have had was likely watered down even further by the fact that Hogan routinely talked about his sex life on talk shows.

... According to Harvard Law School’s Food Law and Policy Clinic, 90 percent of us throw food away—either always, most of the time or occasionally—when that sell-by date arrives. But what many consumers don’t realize is that those dates aren’t intended to be hard-and-fast deadlines. “They’re a guess by the manufacturer when they think the food will not taste as good or not be at its top quality,” says Emily Broad Leib, the director of the Harvard Law School Food Law and Policy Clinic. “They’re not intended to communicate safety.”

Your company could be doing better. The stock is in the doldrums, and the price-to-book ratio is low. On a variety of financial measures — shareholder returns, revenue growth, operational costs, and so on — the company is underperforming its peers. Cash flow is reasonably healthy, but one of the divisions is starting to falter. Adding insult to injury, management won the last say-on-pay vote by less than a large margin. ...Once activists cash out, how will their targets perform? “The jury is still out,” says Grossman. Despite claims that activist investors are “pumping and dumping,” a recent study of activist interventions between 1994 and 2007 by Harvard Law School professor Lucian Bebchuk and others found that Tobin’s Q and return on assets were consistently higher three, four, and five years following the interventions. Similarly, a McKinsey study of 400 activist campaigns against large U.S. companies found that the median campaign reversed a downward trajectory in target performance, and created a sustained increase in shareholder returns.

Incoming Harvard law students are learning about business concepts, thanks to an online program launched by the Harvard Business School. HBX Credential of Readiness (CORe) teaches business fundamentals and is available to incoming Harvard law students for $300. Last year, 89 percent of students said the program increased their confidence in discussing business topics. "I thoroughly enjoyed my HBX CORe experience and found that a fresh background knowledge in business analytics and financial accounting helped me to better understand the decision-making factors managers often consider in domestic and international trade,” said Abraham Williamson, a first-year student at Harvard Law School and a participant in the pilot offering of CORe last summer. “I would highly recommend HBX CORe to new 1Ls.”

An op-ed by Noah Feldman. The epic patent-infringement battle between Apple and Samsung will go to the U.S. Supreme Court. The court announced Monday that, sometime in the term that begins in October, it will consider the $548 million in damages Samsung paid to Apple last year after the U.S. Court of Appeals for the Federal Circuit lowered the jury’s original $1 billion-plus verdict. Without reading too much into the tea leaves, it seems highly likely that the court took the case in order to change the law of damages in patent-infringement suits.

An op-ed by Noah Feldman. The late Supreme Court Justice Antonin Scalia was best known for his philosophy of originalism, a method of interpreting the Constitution that relies on analyzing the original meaning of the text. On Monday, the court gave its first hint about the fate of originalism on the post-Scalia court: Its survival isn’t assured. In a two-page, unsigned opinion, the court unanimously reversed a ruling by the top court of Massachusetts that stun-gun ownership isn't protected by the Constitutional right to bear arms. The Massachusetts Supreme Judicial Court had taken the originalist view that stun guns aren't covered by the Second Amendment because they didn’t exist when the amendment was enacted and aren’t weapons used by the militias mentioned in the famously eccentric text.

The Supreme Court today strongly asserted Alaska's uniqueness when it comes to federal regulation of public lands in a win for the state and Native groups hoping to limit the government's reach. But the justices' unanimous opinion in the case Sturgeon v. Frost did little to answer whether John Sturgeon -- who brought the case in 2011 -- will be able to use his hovercraft to hunt moose within a national preserve. Instead, the justices sent the case back to a lower court to hammer out some of the thornier issues, meaning Sturgeon may face years of more litigation..."As to the rivers, it really punts on that," said Robert Anderson, a visiting professor at Harvard Law School. "It'll be at least a couple more years of litigation." The decision won't have national significance because it "applied only for Alaska," Anderson said. But it was important for Native Alaskan groups concerned about government regulations reaching into private property within conservation units. "They protected the Native corporation lands," Anderson said.

In a standoff with Apple Inc. over access to a terrorist’s smartphone, the federal government is favoring a technological workaround over a court clash it risked losing. The U.S. Justice Department, which had sued to force Apple to help it gain access to data locked in the iPhone used by an attacker who killed 14 people last year in San Bernardino, California, abruptly switched tack late Monday. It asked a magistrate judge to cancel a court hearing in the case scheduled for Tuesday, instead saying it would test another way of accessing the information...“There’s a lot of people right now who are curious who this third party is,” said David O’Brien, a senior researcher with the Berkman Center for Internet and Society at Harvard University. “It appears the FBI turned away from the opportunity to test its case in court and get a ruling that could have set a precedent.”

...Various Harvard departments and Schools have long embraced efforts to help surrounding communities. The Harvard Legal Aid Bureau, for instance, has provided free legal representation to poor defendants since 1913...Every year at Harvard Law School (HLS), 50 student attorneys help local residents with legal matters, from child custody to evictions to unemployment problems to Social Security benefits. The students do so through the Legal Aid Bureau, the nation’s oldest student-run organization offering free legal services to residents struggling to make ends meet. The students commit to at least 20 hours of work per week during two years, and handled 300 cases last year. The bureau, which is funded by Harvard, is the second-largest provider of free civic legal aid locally, after the nonprofit Greater Boston Legal Services. “It’s really like having 50 full-time lawyers that Harvard is contributing to civic legal aid per year,” said Esme Caramello, clinical professor of law and the bureau’s deputy director. The bureau strives to mirror the community it serves. The participating students select the next class of student lawyers, and they promote diversity because it encourages inclusion, said Amanda Morejon, current president of the bureau. Morejon graduated from the College in 2013 and will receive her degree from the Law School in May. “We don’t want to be so far removed from our clients,” said Morejon. “Our clients are a racially and ethnically diverse population, all low-income. I had a client who was a Hispanic woman, and my being a Hispanic woman was extremely important to her.”

A week after Harvard Law School’s seal change became final, a group of faculty members are publicly speaking out in support of Law School Dean Martha L. Minow, charging that student activists at the school have not given her due credit for her efforts to address racial issues on campus. Seven Law School faculty members—Glenn Cohen, Randall L. Kennedy, Richard J. Lazarus, Todd D. Rakoff, Carol S. Steiker, Kristen A. Stilt, and David B. Wilkins—published an open letter in the Harvard Law Record Monday defending Minow. They wrote, “Our goal here is… to express our support and deep appreciation for Dean Minow and all that she has done during this difficult and important process, and to advance the cause of justice throughout her long and distinguished career.”

An op-ed by Martha Minow and Deanell Tacha. Sometimes you don’t value what you have until you experience its absence close up. We each are deans of law schools; we each have seen, close up, nations without courts independent of political or partisan control. Plagued by conflict and distrust, countries without operating independent judiciaries struggle to earn local and international confidence. In the United States, we see how a fair, impartial, unbiased, and nonpolitical judiciary is central to American justice, permitting economic exchange and peaceful solutions to disagreements. This treasure depends upon the aspiration to maintain a government of laws, not men, focused on each case decided in light of the factual record and not political winds or personal preferences. And this treasure is in jeopardy at the highest level if the Senate refuses even to consider the president’s nominee to be the next associate justice of the Supreme Court.

One of the U.K.’s — and the world’s — biggest grocery store chains announced big news on the food waste front this month. In the coming months, Tesco, which boasts some 6,800 stores worldwide but is headquartered in England, will expand its 14-store trial run of an initiative that saved the equivalent of 50,000 meals worth of food from heading to a landfill, donating that food, instead, to charity groups...Emily Broad Leib, director of Harvard Law School’s Food Law and Policy Clinic, says that is because the U.S. has arrived at the issue later than countries like France and the U.K., where efforts to address the issue have gotten a significant head start on the U.S. and are, just now, coming to fruition. Still, Leib noted, Americans are making significant progress. “I do think it’s on the radar of more and more stores,” Leib told The Huffington Post.

An op-ed by Noah Feldman. In recent years, the Supreme Court has been loath to apply U.S. law abroad, fearing that becoming an international sheriff would alienate other nations and interfere with foreign policy. But what if foreign countries ask U.S. courts to step in? That's what is happening in European Community v. RJR Nabisco, a case that was argued Monday. The European states that are plaintiffs in the underlying case want the Supreme Court to apply the Racketeer Influenced and Corrupt Organizations (RICO) law to a drug enterprise that took place outside the U.S. and caused injury in Europe. The basis of their argument is that RJR participated in money laundering within the U.S. -- and that they, America’s loyal allies, want the law to apply in this case.

An op-ed by Noah Feldman. Last week I had to defend Donald Trump’s free-speech rights. Now that a Florida jury has awarded Hulk Hogan $115 million in his suit against Gawker, I have to defend the original snark-site’s free-press right to have shown a sex tape of the retired wrestler and his erstwhile best friend’s wife. This First Amendment stuff is sometimes a serious drag.

Is Supreme Court nominee Merrick Garland a judicial progressive or a moderate? One way to judge is to look at his many opinions that defer to administrative agencies and that are a hallmark of his jurisprudence during his nearly 20 years on the D.C. Circuit Court of Appeals. In disputes over union power, his opinions nearly always benefit unions. According to the onlabor.org website, which is run by Harvard Law professors Benjamin Sachs and Jack Goldsmith, Judge Garland wrote the majority opinion in 22 cases that considered appeals of decisions made by the National Labor Relations Board. In 18 of these decisions, Judge Garland sided with the NLRB’s judgment against a company for unfair labor practices. In all of those cases, the blog notes, “deference to the NLRB has had favorable consequences for labor and unions.”

Laurence Tribe, a Harvard Law School professor and former teacher of Merrick Garland, discusses Garland’s record and his nomination to the Supreme Court by President Obama. He spoke with June Grasso and Michael Best on Bloomberg Radio’s “Bloomberg Law.”

The once-pervasive Harvard Law School seal, criticized for its ties to slavery, is quickly disappearing...Quickly is exactly how Law School Dean for Administration Francis X. McCrossan—who is leading the effort to coordinate the seal’s removal—is approaching the process, he wrote in an email sent to school affiliates Friday. [Robb] London estimates there are about 200 places on campus that display the seal, a figure that does not include its online manifestations and the printed materials and letterhead departments and administrators use...A new seal will be designed in time for the school’s bicentennial in 2017, which London called an opportunity for reflection. “There's a natural synergy between that kind of reflection and the process of designing a new symbol for the school,” he wrote.

An op-ed by Charles Nesson. Jamaica has a remarkable opportunity to lead the world in cannabis reform, but to do so it will have to get its act together pretty damn quick. The Colorado model of wide, open recreational use of all forms of cannabis in any concentration is a loser. Governor Charlie Baker in my state of Massachusetts, after investigation in Colorado, has just come out against it because of the bad effect such unrestricted recreational use could have on kids. Jamaica has the opportunity to reframe the world’s understanding of cannabis by putting focus on spiritual use of the natural herb. Jamaica’s great success so far has been its recognition of Rastafari, and the legal celebrations of the Negril Cannabis Cup and Rebel Salute.