Faculty Scholarship

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.

In late May, Harvard Law School Professor Jonathan Zittrain '95 was appointed chair of the Open Internet Advisory Committee. The committee was called for by the Federal Communications Commission to track and evaluate the effects of the FCC’s Open Internet rules and to provide recommendations to the FCC regarding policies and practices related to preserving the open Internet.

Over the past 40 years the role of the general counsel has changed dramatically, according to HLS Professor David Wilkins '80, “so that it has become, in my view, the most important position in the legal profession, particularly in the corporate legal world,” he says. But until recently, that model remained uniquely American.

This spring, hundreds of people packed the Washington, D.C., Circuit Court to hear a challenge to the Environmental Protection Agency’s authority to regulate greenhouse gases, in one of the most closely watched cases of the year. Among them were the students in Professor Richard Lazarus’ Advanced Environmental Law in Theory and Application class.

Today, about 90 percent of state judges must run for office, and the elections have become increasingly expensive and nasty. Assistant Professor Jed Handelsman Shugerman provides historical perspective on judicial elections and other methods of judicial selection in his new book, “The People’s Courts: Pursuing Judicial Independence in America” (Harvard, 2012).

As Barack Obama ’91 was making criticism of Bush administration policies on terrorism a centerpiece of his campaign for the presidency in 2008, Jack Goldsmith offered a prediction: The next president, even if it were Obama, would not undo those policies. One of the key and underappreciated reasons, he wrote in a spring 2008 magazine article, was that “many controversial Bush administration policies have already been revised to satisfy congressional and judicial critics.”

Harvard Law School Dean Martha Minow has been elected to serve on the MacArthur Foundation Board of Directors. Minow, an expert on human rights and advocacy for disadvantaged populations, will join in September.

Leading experts in the fields of law, science, and medicine gathered at Harvard Law School May 18 and 19 to discuss the future of human subjects research regulation. The topic for the conference, sponsored by HLS’s Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics, was prompted by a July 2011 advanced notice of proposed rulemaking from the U.S. Department of Health and Human Services proposing to amend the rule that has governed this research for more than 20 years.

Harvard Law School Professor John Palfrey ’01 and Urs Gasser LL.M. '03, lecturer on law and executive director of Harvard’s Berkman Center for Internet & Society, launched their latest book, Interop: The Promise and Perils of Highly Interconnected Systems, at a May 30 event hosted by the Berkman Center, the Harvard Law School Library and the Harvard Book Store.

In May, Harvard Law School Professor Mary Ann Glendon, who served as the former U.S. ambassador to the Holy See, was appointed to the U.S. Commission on International Religious Freedom, an independent, bipartisan federal body that is principally responsible for reviewing the facts and circumstances of violations of religious freedom internationally and making policy recommendations to the president, secretary of state, and Congress.

Margaret H. Marshall, senior research fellow and lecturer on law at Harvard Law School, was recently awarded the Radcliffe Institute Medal. Marshall, who is former chief justice of the Massachusetts Supreme Court and senior counsel at Choate Hall & Stewart, LLP, gave the keynote address during the Radcliffe Day luncheon on May 25.

There she stood, in northern Libya, a spread of explosive weapons before her: mortars and rockets and surface-to-air missiles almost 20 feet long. For all her work in post-conflict zones, senior clinical instructor Bonnie Docherty ’01 had never seen anything like it. The weapons stretched on for miles. It was March, five months after the revolution had ended, and Docherty was supervising a team from the International Human Rights Clinic on a trip to assess the humanitarian risks of abandoned weapons. As the team traveled from city to city, the scale of the problem was startling.