Faculty Scholarship

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.

The Radcliffe Institute for Advanced Study at Harvard University has selected Harvard Law School Assistant Professor I. Glenn Cohen '03 to be a Radcliffe Institute fellow for the 2012–2013 academic year. Cohen is among the 51 women and men who will pursue independent projects in the arts, humanities, sciences, and social sciences within the rich, multidisciplinary community.

In 1932, in a Philadelphia courtroom, a defense attorney representing a man accused of murder cross-examined a police officer. There was nothing unusual about this scene, except that the defense attorney, Raymond Pace Alexander ’23, was black, and the officer he was aggressively questioning was white. This scene is one of many dramatic moments in the new book by HLS Professor Kenneth Mack ’91, “Representing the Race: The Creation of the Civil Rights Lawyer.”

In the April 19 edition of The New York Times’ DealBook, Harvard Law School Professor Lucian Bebchuk defends the of work of his Shareholder Rights Project (SRP) at HLS in light of a recent memo criticizing the project. The SRP is a clinical program that assists public pension funds and charitable organizations in improving corporate governance at publicly traded companies.

Harvard Law Professors David Wilkins ‘80 and Adrian Vermeule ’93 have been elected to membership in the American Academy of Arts and Sciences. Wilkins, the Lester Kissel Professor of Law, is director of the Program on the Legal Profession and vice dean for Global Initiatives on the Legal Profession. Vermeule is a leading scholar of administrative law and constitutional law and theory.

Gabriella Blum LL.M. ’01 S.J.D. ’03 delivered the lecture “The Fog of Victory” on April 10 to mark her appointment as the Rita E. Hauser Professor of Human Rights and Humanitarian Law at Harvard Law School.

Susan Farbstein, a leading practitioner in the field of human rights, has been appointed assistant clinical professor of law and co-director of the International Human Rights Clinic at Harvard Law School.

"The Roots of Clarence Thomas' Black Burden," an op-ed by Harvard Law School Professor Kenneth Mack ’91, appeared in The Root on April 6. In it, Mack examines Thomas' role as an African American justice who, according to Mack, has "embraced the role of representative of his race"—50 years after William H. Hastie bore a similar "burden" as the first African American federal judge.

Here’s the scorecard: Bush: $3.4 billion. Clinton: $14 billion. Obama: $91.3 billion. These numbers represent the net monetary benefits of final, federal agency regulations issued through the third fiscal year of each of these administrations. They were presented to HLS students and faculty on March 26 by Cass R. Sunstein, former Felix Frankfurter Professor of Law and current administrator of the Office of Information and Regulatory Affairs, a department within the White House’s Office of Management and Budget. As administrator, Sunstein oversees the federal government’s entire regulatory process. He was on campus to discuss “New Directions in Regulatory Policy.”

In a recent edition of The New Republic’s online review ‘The Book,’ Harvard Law School Professor Adrian Vermeule reviews David M. Dorsen’s “Henry Friendly, Greatest Judge of His Era” (Belknap Press 2012)—a “clarifying biography” in which the author thoroughly examines Friendly’s judgments, arguments, and extrajudicial writings “with an eye to pinning down Friendly’s legacy.”

If the countless headlines in recent years are an indication, we live in an age dominated by a corporate playbook that considers success at the expense of others a standard part of doing business. But increasingly, observers fear that same philosophy is too often becoming the norm in other professions. Journalist Andrew Ross Sorkin explored the trend’s impact on the legal profession in his recent New York Times column “Conflicted, and Often Getting a Pass,” said Harvard’s Professor Howard Gardner during a Mar. 21 discussion at Harvard Law School.

"The Alternative to Shareholder Class Actions," an op-ed by Harvard Law School Professor Hal Scott and Leslie N. Silverman, appeared in the Apr. 1 edition of The Wall Street Journal.