Faculty Scholarship

"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.

Harvard Law School Professor Lucian Bebchuk LL.M. '80 S.J.D. '84 published an op-ed in the New York Times' DealBook on Aug. 15 entitled, “Don’t Discourage Outside Shareholders.”  The op-ed is in response to a proposed rule being considered by the Securities and Exchange Commission that narrows the timeframe in which shareholders must disclose when they hold five percent or more of a company’s holdings. 

In an Aug. 15 op-ed published in The New York Times Global Edition, Harvard Law School Professor Hal Scott weighs in on the European economic crisis and the need for international action in resolving it.

In light of the late-June Supreme Court decision on the constitutionality of the Patient Protection and Affordable Care Act, Harvard Law School Professor Adrian Vermeule '93 recently reviewed Michael J. Gerhardt's "The Power of Precedent" (Oxford University Press) for The New Republic’s online review ‘The Book.’  According to Vermeule, Gerhardt's book is a “learned overview” of the role of past decisions in today's legal system.

On Wednesday, Aug. 1, Alvin C. Warren, Ropes & Gray Professor of Law at Harvard Law School, testified before the U.S. Senate Committee on Finance at a hearing entitled, “Tax Reform: Examining the Taxation of Business Entities,” which examined the impact of tax reform on American businesses and corporations.

Harvard Law School Professor Charles Fried has written a major article analyzing the Supreme Court’s late-June decision on the Patient Protection and Affordable Care Act. The article, which is scheduled to appear in an upcoming issue of the Journal of Health Politics, Policy and Law, and also in a volume to be published by Oxford, has been given a rare advance publication by SCOTUSblog, which posted it on August 2.

In their recently published paper, “Delegating to Enemies” (Columbia Law Review, forthcoming), Harvard Law School professors Jacob E. Gersen and Adrian Vermeule ’93 examine the longstanding practice of leaders who choose to delegate to ideological “enemies” whose viewpoints differ greatly from their own.

On Tuesday, July 24, Harvard Law School Professor Lawrence Lessig testified before the Senate Judiciary Committee’s Subcommittee on the Constitution, Civil Rights and Human Rights at an open-session hearing titled “Taking Back Our Democracy: Responding to Citizens United and the Rise of Super PACs.”

The National Association of Women Lawyers (NAWL) has awarded its highest honor, the Arabella Babb Mansfield Award, to Harvard Law School Professor of Practice Nancy Gertner.

Professor Lucian Bebchuk has been named as one of the 100 most influential people in finance by Treasury & Risk magazine. The list prepared by the magazine puts together individuals who had significant impact on the world of finance this year.

The op-ed "The Wise Way to Regulate Gas Drilling," by Professor Jody Freeman LL.M. ’91 S.J.D. ’95, appeared in the July 6, 2012, edition of the New York Times.