Faculty Scholarship

In a Nov. 30 op-ed in Technology Review, Harvard Law School Professor Jonathan Zittrain discusses the consequences of the rise of mobile devices and the shift in power from the end user and software developers to operating system vendors.

According to John Palfrey, businesspeople are often insufficiently attentive to the ways that intellectual property rights can be acquired and exercised. His new book, “Intellectual Property Strategy” (MIT Press), is thus written with businesspeople in mind. Palfrey, Vice Dean for Library and Information Resources and Faculty Co-Director of the Berkman Center for Internet and Society, argues for leaders of businesses and non-profit organizations to adopt IP policies that go beyond the traditional, highly restrictive “sword and shield” approach, and that instead focus on flexibility and creativity.

Harvard Law School Professor Charles Ogletree delivered the Nathan I. Huggins Lecture on November 15th, 16th, and 17th at the W.E.B. Du Bois Institute for African and African American Research at Harvard University. The lecture series, “Understanding Obama,” is divided into three parts: “From Barry to Barack,” “The Emergence of Race” and “The Conundrum of Race.” 

On Monday, the Supreme Court agreed to hear challenges to the constitutionality of the Health Care Law. In an op-ed and a debate this past week, two HLS faculty members (Professors Einer Elhauge '86 and Laurence Tribe '66) and a prominent alumnus (former Solicitor General Paul Clement '92) shared their opinions on the mandate's constitutionality.

Harvard Law School Professor Annette Gordon-Reed ’84 was inducted as a member of the American Academy of Arts and Sciences and served as the academy’s Class IV speaker at the 2011 induction ceremony, held Oct. 1.

Harvard Law School Assistant Professor of Law I. Glenn Cohen joined medical and legal experts live via Skype on Oct. 25 at Mississippi College School of Law to debate the implications of Mississippi’s Personhood initiative, which will appear on the state’s ballot Nov. 8. The initiative asks: “Should the term 'person' be defined to include every human being from the moment of fertilization, cloning, or the equivalent thereof?”

In a comprehensive review published Oct. 20 by the New York Review of Books, retired U.S. Supreme Court Justice John Paul Stevens provides thoughtful analysis of the recently published book "The Collapse of American Criminal Justice," by the late Harvard Law School Professor William J. Stuntz.

For generations, the assumption that selfishness drives human behavior has shaped the design of social systems in which we live and work. In his new book “The Penguin and the Leviathan: The Triumph of Cooperation Over Self-Interest,” Harvard Law Professor Yochai Benkler ’94 rejects this assumption as a “myth” and proposes an alternative, refreshingly optimistic model that asserts our human traits of cooperation and collaboration.

Professor John Palfrey ’01 was a keynote speaker at the Open World Forum, held September 22-24, in Paris, France. The Open World Forum brings together 160 experts from around the world to discuss technological, economic and social initiatives.

On September 24th, people from across America and across the political spectrum convened at Harvard Law School to discuss the advisability and feasibility of organizing a Constitutional Convention. The conference was co-hosted by Harvard Law School Professor Lawrence Lessig, founder of Change Congress, and Mark Meckler, co-founder and a national coordinator of Tea Party Patriots.

An essay, Why Death Penalty Opponents Are Closer to Their Goal Than They Realize, by HLS Professor Carol Steiker ’86, appeared in the Sept. 27 edition of The New Republic. The essay focuses on the decline of the death penalty in practice, politics and law, and how the present moment brings the genuine possibility of permanent abolition via judicial decision.

For upholding the highest principles of the legal profession and for outstanding dedication to the welfare of others, HLS Clinical Professor Deborah Anker LL.M. ’84 was recently elected to the Fellows of the American Bar Foundation. Anker, one of the nation’s top scholars in immigration law, is director of the Harvard Immigration and Refugee Clinic and has taught immigration law and supervised clinical students for over 20 years.

The Situationist blog, established by Professor Jon Hanson and run by the Project on Law and Mind Science at Harvard Law School, recently received the 2011 Media Prize awarded by the Society for Personality and Social Psychology.

In a recent review in the New Republic, HLS Professor Adrian Vermeule ’93 examines the book "The Body of John Merryman: Abraham Lincoln and the Suspension of Habeas Corpus" (Harvard University Press, 2011) by Brian McGinty.

The only way we can keep Americans fully employed and maintain our global lead is by constantly improving their productivity and skills, writes Vivek Wadhwa, a senior research associate for the Labor and Worklife Program at Harvard Law School, in an op-ed in today's Washington Post. In his op-ed,  "On jobs, Obama needs to be a radical," published on the eve on the president's address to the nation, Wadhwa writes that American companies must be provided with the incentives to invest in their workers as they used to.

Harvard Law School Professor Randall Kennedy recently appeared on PBS’s Tavis Smiley show and CSPAN’s BookTV to discuss his latest book, “The Persistence of the Color Line: Racial Politics and the Obama Presidency” (Pantheon Books).

An essay,  "Don't Blame Perry for Texas's Execution Addiction. He Doesn't Have Much To Do With It," by HLS Professor Carol Steiker ’86 and her brother, Professor Jordan Steiker '88 of the University of Texas School of Law appeared in the Sept. 2 edition of The New Republic. The essay focuses on the relationship between Republican presidential candidate and Texas Governor Rick Perry and Texas's standing as the execution capital of the United States.

HLS Visiting Professor Chibli Mallat recently published an op-ed in the Egyptian newspaper Ahram Online entitled “Libya’s Revolution: a troubling legacy of violence.”

In a recent op-ed for the Boston Globe, Professor Charles Fried, a life-long Republican, writes that before he can give Senator Scott Brown his support in the next election, Fried needs to know what kind of Republican Brown is.