Faculty Scholarship

The growing trade in exploits of software security has become a “market in digital weapons,” leaving people in the U.S. and abroad vulnerable to cyberattack, said Christopher Soghoian, Principal Technologist and Senior Policy Analyst at the ACLU, in an October 24th talk at Harvard Law School. “The entire industry, while it’s been in existence hasn’t received much sunlight,” said Soghoian, arguing that many regulators and policymakers do not even understand that the market exists. (Soghoian said that his talk, which was co-sponsored by the Berkman Center for Internet and Society and the Journal of Law and Technology, only reflected his views and not those of the ACLU.)

Harvard Law School Dean Martha Minow and John Levi ’72, LL.M. ‘73, the chairman of the Legal Services Corporation, presented the report of the Corporation’s Pro Bono Task Force in in HLS’s Wasserstein Hall on Oct. 3, at an event hosted by HLS Professor David Wilkins ‘80, director of the Law School’s Program on the Legal Profession. Established in 1974 by President Nixon, the LSC, a private, nonprofit corporation, is the nation’s largest funder of legal aid providers for low-income Americans.

Stockholm University conferred an honorary doctoral degree on Harvard Law School Professor David B. Wilkins ’80, director of the Program on the Legal Profession and vice dean for global initiatives on the legal profession.

The intersection of medical tourism and ethical and legal questions are at the heart of I. Glenn Cohen's new book, “Patients with Passports: Medical Tourism, Law, and Ethics,” the focus of his year as a fellow at the Radcliffe Institute for Advanced Study.

On Oct. 4, Harvard Law School Professor Lani Guinier participated in a panel discussion on race and college admissions. The discussion, broadcast on C-SPAN, was hosted by The Century Foundation, a nonprofit, non-partisan research foundation that focuses on issues of equity and opportunity in the United States.

Robert H. Sitkoff, the John L. Gray Professor of Law at Harvard Law School, has been appointed to two new Uniform Law Commission committees—the study committee on trust protectors, and the drafting committee on Series of Unincorporated Business Entities.

As two HLS graduates are vying to lead the United States, we asked six legal historians on the faculty to reflect on the connections between legal education and leadership.

Michael Klarman’s scholarship has focused on the effect that court rulings have on social reform movements. He argues that when courts get ahead of public opinion, political backlash often follows. That’s what he found in an earlier book he wrote on race and the U.S. Supreme Court, and it is a phenomenon he has also observed in cases involving the death penalty and abortion.mIn his new book, “From the Closet to the Altar: Courts, Backlash, and the Struggle for Same-Sex Marriage” (Oxford), the HLS professor explores whether the same effect has taken place when it comes to same-sex marriage litigation.

Professor Einer Elhauge ’86 is author of the e-book “Obamacare On Trial” (Edward Elgar), focused on the Patient Protection and Affordable Care Act case decided by the Supreme Court in June. Elhauge raises points that were not aired in the courtroom, including the fact that the constitutional framers themselves had approved mandates to buy health insurance.

The highly connected nature of today’s world has all sorts of benefits—but all sorts of potential costs as well, from loss of control of private data to a world financial system so intertwined that when one part of it falls, it’s hard to keep other parts from toppling along with it. In “Interop: The Promise and Perils of Highly Interconnected Systems,” John Palfrey ’01 and Urs Gasser LL.M. ’03 draw on their work at the HLS Berkman Center for Internet & Society to start developing a “normative theory identifying what we want out of all this connectivity.”

Harvard Law School Professor D. James Greiner is co-author of a recent study on the experience of Boston voters in the election of 2008. As another election approaches, we ask Greiner a few questions about his study and the current efforts to pass tougher voter ID laws.

"The view from Tunis: Fire, tear gas, and normalcy," a piece by Harvard Law School Professor Noah Feldman, appeared in Bloomberg View on Sept. 14. Feldman, who is the Bemis Professor of International Law at HLS, is a regular contributor to Bloomberg View and the author of many books, including “Scorpions: The Battles and Triumphs of FDR's Great Justices” (Twelve Books 2010), and “The Fall and Rise of the Islamic State” (Princeton University Press, 2008).  

Professor Einer Elhauge ‘86 has released an e-book—titled “Obamacare on Trial” —on the Patient Protection and Affordable Care Act case decided by the Supreme Court. Elhauge raises points that were not aired in the courtroom, including the fact that the constitutional framers themselves had approved mandates to buy health insurance.

Lawrence Lessig, the Roy L. Furman Professor of Law and Leadership at HLS and director of Harvard’s Edmond J. Safra Center for Ethics, is the author of “Republic, Lost: How Money Corrupts Congress—and a Plan to Stop It,” an exhaustively researched and passionately argued indictment of Capitol Hill and the money-centered daily dance between lawmakers and lobbyists. As a columnist for Atlantic Magazine and in interviews on national media, he has shared his ideas on how to stop corruption in Congress. He was recently profiled in a Harvard Magazine piece by Jonathan Shaw entitled “A Radical Fix for the Republic.”

David Kennedy ’80, Harvard Law School’s Manley O. Hudson Professor of Law and director of the Institute for Global Law and Policy, recently joined a team of former political leaders and diplomats from across Asia in founding the new Asian Peace and Reconciliation Council (APRC), which will work to promote peace and reconciliation in the Asian region through quiet diplomacy.

The Greenwall Foundation has chosen Harvard Law School Assistant Professor I. Glenn Cohen '03, a leading expert on the intersection of bioethics and the law, to receive one of three Faculty Scholar Awards in Bioethics. The award allows recipients to conduct extensive independent research to help set public policy and standards of clinical practice.  

In late July, the Uniform Law Commission approved the Uniform Premarital and Marital Agreements Act (UPMAA) at its annual meeting in Nashville, Tennessee. Harvard Law School Professor Robert H. Sitkoff, whose primary research focus is economic and empirical analysis of the law of trusts and estates, served on the drafting committee for the Act.

On August 20, the New York Times’ “Room for Debate” segment explored the question “Do Prosecutors Have Too Much Power?” HLS Professor of Practice Nancy Gertner, a former judge of the U.S. District Court for Massachusetts, was one of five debaters who weighed in on the topic.“You can’t bargain away your right to counsel in a guilty plea deal; you shouldn’t be allowed to bargain away your right to appeal,” writes Gertner.

Harvard Law School Professor John C.P. Goldberg has been appointed to the Eli Goldston Professorship of Law. Goldberg, an expert in tort law, tort theory and political philosophy, joined HLS as a tenured faculty member in 2008. Previously, he was Professor of Law and Associate Dean for Research at Vanderbilt University.