Archive
Media Mentions
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We must ensure everyone has access to equal justice
October 24, 2014
An op-ed by Martha Minow. Neglected in today’s headlines, blogs, and talk radio is a silent, shameful crisis that inflicts suffering and costs the nation money, legitimacy, and decency. Our justice system has become inaccessible to millions of poor people and so every day, we violate the “equal justice under law” motto engraved on the front of the grand United States Supreme Court. Americans who cannot afford legal help routinely forfeit basic rights as a result. Because the law does not enforce itself, veterans seeking benefits the nation has guaranteed, victims of domestic violence needing legal protection, and tenants and homeowners pursuing their rights since the financial disaster all need advisors and guides through the law and its agencies and courts.
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Analysis: Kim Secured ‘Extraordinary’ Bargain, Experts Say
October 23, 2014
Eldo Kim, the then-College undergraduate who was charged last week for allegedly sending emailed bomb threats that temporarily shut down campus last December, reached an “unusual” yet “fair” arrangement in avoiding a trial, law experts said this week...Alex Whiting, professor of the practice of criminal prosecution at the Law School, applauded the U.S. Attorney’s Office for being willing to negotiate this deal, adding that attorneys usually feel pressure to prosecute aggressively in cases like Kim’s. “I think it is a great outcome,” Whiting said. “There are consequences for him that are very real, but at the same time it takes account of the fact that he’s a young man obviously under a lot of pressure who made a bad decision and [should] have an opportunity to remake his life without a felony conviction on his record.”
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A Salute to Fierce Women Who Protect Children
October 23, 2014
...Dr. Elizabeth Bartholet, Harvard Law Professor, was one of the non-Evangelicals who spoke at Together for Adoption. She is another fierce woman who has been a great proponent of international children's rights and has presented and promoted the idea that it is a basic human (and legal) right of all children, everywhere, to have a family. She is one of CHIFF's strongest proponents and allies. She proposes that we deal with illegal and unethical infractions individually, while moving forward with giving children from all countries families.
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Open Letter to Dean Cosgrove and Professor Goldberg: Students Need Title IX Transparency
October 23, 2014
A letter by Students for Inclusion, Student Mental Health Association, Women’s Law Association. We want to thank Lindsay Church [`16] and the Harvard Law Record for addressing an important topic: the implementation at Harvard Law School of the University’s new sexual harassment policy that incorporates federal Title IX requirements. Among the important issues raised by this article and the robust debate on campus about the policy’s implementation, there is one that stands out for immediate action: We are very concerned about the lack of clarity on who at the law school is currently mandated to report disclosures of sexual and gender-based harassment and assault.
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SCOTUSblog on camera: Laurence H. Tribe (Part one) (video)
October 22, 2014
...In this six-part interview, Laurence H. Tribe, the Carl M. Loeb University Professor and Professor of Constitutional Law at Harvard Law School, discusses his background, from his birth in Shanghai, China during World War Two and his early interest in mathematics to teaching presidents and Supreme Court Justices and arguing cases before the Supreme Court; the inspiration and purpose of his latest book, Uncertain Justice: The Roberts Court and the Constitution , written with former student Joshua Matz; and understanding essential, accessible points of the Supreme Court, principles in constitutional law and leading issues of the day — “Obamacare,” racial equality, gay rights, campaign finance, and the relation of privacy and technology.
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From Crimson Madness to March Madness?
October 22, 2014
On Friday evening, October 17, Crimson Madness—a kickoff event to celebrate the start of the Harvard men’s basketball team’s fall practices—began in normal enough fashion. Shortly after 6 p.m., head coach Tommy Amaker walked onto the court at Lavietes Pavilion and welcomed the crowd...More subtle evidence of the program’s transformation came from a conversation that occurred before the event in the glass-encased lounge overlooking the court. Just after 5:30 p.m., Amaker was chatting with Randall Kennedy, Klein professor of law, and Jared Sullinger, a power forward for the Celtics. Harvard’s coach had tabbed both men to serve as judges in the slam-dunk contest. Kennedy, who also serves as the team’s faculty adviser but identifies tennis as his main sport, wanted guidance from Sullinger about what qualified as a good dunk. (The key factor? Degree of difficulty.) In what may have been a first, an esteemed Harvard law professor was seeking adjudicatory advice from a 22-year-old professional basketball player.
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A ‘sitdown’ with Snowden
October 22, 2014
The new documentary “Citizenfour” centers on a series of candid interviews with Edward Snowden, the former Central Intelligence Agency employee and National Security Agency (NSA) contractor who last year leaked more than 200,000 classified documents about sweeping U.S. surveillance efforts. The film’s action unfolds in a Hong Kong hotel room over eight days, during which Snowden’s revelations about the vast scope of the surveillance programs hit the press. On Monday afternoon, via videoconference, Harvard Law School’s Lawrence Lessig engaged Snowden in another frank conversation.
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According to a new report issued by the Boston Bar Association’s Statewide Task Force to Expand Civil Legal Aid in Massachusetts, 64 percent of the low income people in Massachusetts who applied for and were qualified for civil legal assistance were turned away over the past year because the funding was not there to support the representation. In total, an estimated 30,000 were denied legal services in cases having to do with such things as child custody, foreclosures, and employment violations. Martha Minow is the dean of the Harvard Law School and one of the 32 members of the task force that produced the 37-page report. “When you have people who are literally not represented in actions where they can lose their homes or face physical violence, where they can’t get legal remedies to which they’re entitled, there’s a failure to live up to the rule of law,” said Minow.
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Why Ebola Is Scarier Than It Should Be
October 21, 2014
An op-ed by Cass R. Sunstein. In 2012, more than 33,000 Americans died on the highways. In some recent years, the flu has killed tens of thousands. Alcohol is associated with some 70,000 deaths annually, weight problems with more than 300,000, and smoking with over 400,000. Even a single one of these preventable deaths is a tragedy. But the risks they pose do not greatly trouble most people in their daily lives. What's worrying many people much more these days is the far lower risk, at least in the U.S. and Europe, of contracting Ebola. What, then, can public officials do to stem the public anxiety? The problem is that Ebola fear presents a delicate challenge -- one that official assurances might just make worse, at least if they breed distrust.
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Edward Snowden Interviewed by Lawrence Lessig
October 21, 2014
At Harvard Law School’s Ames Courtroom on Monday, October 20, Furman professor of law and leadership Lawrence Lessig interviewed Edward Snowden in Russia via video conference. Using a question-and-answer format, the professor raised issues of institutional corruption and the role of whistle-blowers with the former National Security Agency (NSA) contractor who revealed last year that the agency routinely conducts mass surveillance of American citizens. Snowden now lives in Russia as he seeks asylum in the European Union.
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Edward Snowden (via satellite) talks at Harvard Law: Boston Marathon bombing was a failure of mass surveillance
October 21, 2014
Monday afternoon inside the Ames Courtroom at Harvard Law School, Harvard law professor Lawrence Lessig interviewed the American intelligence contractor and NSA whistle-blower Edward Snowden via satellite, or, more specifically, via Google Hangout. Snowden, called a traitor by a number of senior government officials, leaked secret NSA documents about its global surveillance program to journalists from the U.S. version of British media outlet The Guardian and The Washington Post. He is in Russia evading charges of theft of government property and for violating the Espionage Act. The discussion, dubbed “Institutional corruption and the NSA,” covered many topics related to politics and policy, privacy, and the public’s right to knowledge deemed secret by government agencies.
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Karvonides Assures Neutrality After Law School Op-Ed
October 21, 2014
Reacting to an op-ed signed by more than a quarter of the Harvard Law School faculty that condemned the University's new sexual assault policy, University Title IX Officer Mia Karvonides on Monday defended the role she and her office play in the investigatory process..."There were just a huge number of people on the faculty who were concerned about the nature of the Harvard University policy,” Law School professor Elizabeth Bartholet said...“My sense honestly is that the faculty by and large is proud that we are standing up on principle and perfectly clear that what is being demanded for us is poor and actually wrong,” Charles R. Nesson ’60, law school professor and one of the op-ed’s signatories, said.
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Far from the global glare on Brittany Maynard, physicians across America are risking prison by covertly helping terminally ill people end their lives via lethal overdoses, asserts a leading “death-with-dignity” advocate...Indeed, one of the three choices for terminally ill Americans seeking a physician’s aid to end their lives is to “get illegal assistance in your home states,” said I. Glenn Cohen, director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School. The other two options, according to Cohen: Move to a state like Oregon where the practice is legal, or travel to Switzerland, where assisted-suicide is legal and where no residency is required.
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Disrupting city hall
October 20, 2014
Rarely is the term “city hall” considered synonymous with the words “innovation” or “efficiency.” Too often, the public image of municipal government is of a static bureaucracy staffed with disinterested clock-watchers focused on petty tasks and arcane processes. But two Harvard authorities on government and technology say it doesn’t have to be that way. In their new book, “The Responsive City: Engaging Communities Through Data-Smart Governance,” Stephen Goldsmith, the Daniel Paul Professor of the Practice of Government at Harvard Kennedy School (HKS), and Susan Crawford, the John A. Reilly Visiting Professor in Intellectual Property at Harvard Law School (HLS), offer a road map for managers who want to move beyond the traditional silos of urban government.
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Thomas Menino, finally has time to read
October 20, 2014
Former mayor Thomas Menino hasn’t wasted much time since he left office in January...What kind of books do you like?...I also like to read books about cities. There’s a new book I picked up,“The Responsive City” by Stephen Goldsmith and Susan Crawford about art and technology and cities. I’m proud to say the first chapter is about Boston.
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Long before there was a United States Supreme Court, before there was even a United States of America, the court today known as the Supreme Judicial Court of Massachusetts upheld the law of the land here in the Bay State. Fifteen years ago, for the first time in the court's 300-plus year history, a woman was elevated to serve as chief justice. Perhaps the word that best describes Margaret Marshall’s rise to chief justice of the oldest continuously functioning appellate court in the Western Hemisphere is “improbable.” Marshall was born and raised in small town in Apartheid-era South Africa.
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Man Walks Free After Brooklyn Conviction Vacated
October 17, 2014
Nearly 30 years after David McCallum was convicted of murder at age 17 on the strength of a confession he said was beaten out of him—and no other evidence tied him to the crime—he walked out of a Brooklyn courthouse Wednesday as a free man...In July, Michelen made his presentation to Hale and Harvard Law Professor Ronald Sullivan Jr., who is serving as special counsel in charge of the Conviction Review Unit...During the news conference, Sullivan said studies of cases resulting in DNA exonerations over the past 10 to 15 years showed a "supermajority" of the convictions were based on incorrect eyewitness evidence or confessions."We learned false confessions leave a very distinct footprint. You can look at certain confessions and see signs, proxies that problems may occur. One sure footprint is a false-fed fact."
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Challenges remain, but connections are key
October 16, 2014
It was described as a historic event as hundreds of black alumni from across generations gathered at Harvard University over the weekend, many representing its graduate Schools...The opening panel discussion of the weekend focused on important issues of diversity and improving connections between the University and students and alumni...The panelists included Charles Ogletree, professor at Harvard Law School...Ogletree said that when he leaves campus, many people, including police, see him as just another black man. He said he was recently a victim of racial profiling in California, where he was stopped by an officer for apparently no other reason than driving a luxury SUV in a troubled neighborhood. “I still see young people pulled over and arrested, and I wonder how much has really changed,” said Ogletree during the panel discussion. “I am not seeing the amount of progress I expected, given all the people in this room. Why?”
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Professors protest Harvard’s new sexual assault policy (video)
October 16, 2014
Harvard overhauled its sexual misconduct policy for the first time, defining the term "sexual harrassment." As Norah O'Donnell reports, current and former professors say the new procedures "lack the most basic elements of fairness and due process." Includes interview with Professor Elizabeth Bartholet.
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The Knight Foundation today announced the latest winners of its Knight Prototype Fund. Eighteen projects will receive $35,000 to help them bring their concepts closer to fruition. The fund, launched in 2012, also gives winners a support network and the opportunity to receive human-centered design training in an effort bring early stage media ideas to a formal launch...Meet the winners...Harvard Library Innovation Lab/Berkman Center for Internet & Society (Project lead: Jonathan Zittrain; Cambridge, Mass.): Creating a time-lapse encryption service that will allow archivists, scholars and journalists to securely send a message into the future, so it cannot be read until a certain date or event.
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Governing in the Smartphone Era
October 16, 2014
In 2011, after nine years and a $2-billion investment, New York City’s revamped 911 system still had a major problem: trouble in tracking emergency responses, especially when multiple calls came in about the same incident, or one call involved multiple incidents. This made it nearly impossible for officials to tease out why some city residents waited longer for aid—a matter, potentially, of life and death...These are the kinds of challenges that former Indianapolis mayor Stephen Goldsmith, Paul professor of the practice of government at Harvard Kennedy School, and Susan Crawford, Reilly visiting professor in intellectual property at Harvard Law School (and co-director of Harvard’s Berkman Center for Internet & Society), tackle in their new book, The Responsive City: Engaging Communities Through Data-Smart Governance (Wiley). They argue for the transformative power of analytics in city governments, so that—once innovators cut through the red tape—simple changes can connect elected officials and city employees to each other and to the citizens they serve.