Faculty Scholarship

Negotiations between the White House and Congressional leaders of both parties have been undermined by mistakes that could have been avoided by using a better negotiation process, says Robert Bordone, Clinical Professor of Law and Director of the Harvard Negotiation and Mediation Clinical Program at Harvard Law School.

This month, Harvard Law School Dean Martha Minow, the Jeremiah Smith, Jr. Professor, will deliver the 16th annual Rev. Theodore M. Hesburgh Lecture in Ethics and Public Policy at the University of Notre Dame  and the Robert M. Cover Lecture in Law and Religion at Yale Law School.

In today’s New York Times, Alan M. Dershowitz, the Felix Frankfurter Professor of Law at Harvard Law School, contributed a post, “Representing the Despised,” in response to the recent release of a video by a conservative advocacy organization, Keep America Safe, which takes aim at lawyers who have represented Guantánamo detainees and are now working in the Justice Department.Dershowitz’s post is one of four commentaries that appeared as part of the Times’ Room for Debate blog post “Attacking Lawyers from the Right and Left.” Dershowitz is the author of many books, including, “Rights from Wrongs: A Secular Theory of the Origins of Rights.”

Professor I. Glenn Cohen ’03, co-director of the Petrie-Flom Center, has written a working paper titled “Protecting Patients with Passports: Medical Tourism and the Patient Protective-Argument.” The working paper examines the growth of “medical tourism” – travel of patients who are residents of one country to another country for medical treatment. 

Harvard law School Professor Adrian Vermeule ’93 wrote the book review “States of Detention,” which appeared in The New Republic on March 1, 2010. 

“Corporate political speech is bad for shareholders,” an op-ed by HLS Professor Lucian Bebchuk LL.M ’80 S.J.D. ’84, is the latest installment of his monthly column in Project Syndicate.

Harvard Law School Professor Hal Scott has been named co-chair of the newly-organized Council on Global Financial Regulation.

Professor Jody Freeman will return to the Harvard Law School faculty in March 2010, after serving in the White House as Counselor for Energy and Climate Change since January, 2009.

Robert Greenwald, Managing Director of the WilmerHale Legal Services Center at HLS, was appointed on Feb. 1 to the Presidential Advisory Council on HIV/AIDS (PACHA). PACHA provides advice, information, and recommendations to the Secretary of Health and Human Services and the President regarding programs and policies intended to promote effective care, treatment, and prevention of HIV disease, and to advance research on HIV disease and AIDS.

Lecturer on Law Peter Carfagna ’79 has been a practicing sports law attorney for nearly 30 years. A partner at Partner, Calfee, Halter & Griswold…

Robert Anderson, associate professor of law and Director of the University of Washington School of Law’s Native American Law Center, will be the Oneida Nation Visiting Professor of Law at Harvard Law School for five years, a term that begins in the fall of 2010.

In an essay in the Feb. 1, 2010, edition of The New Republic, “The accountable presidency,” HLS Professor Jack Goldsmith reviews two recent books on the presidency of George W. Bush: “Crisis and Command: A History of Executive Power from George Washington to George W. Bush,” by John Yoo, and “Bomb Power: The Modern Presidency and the National Security State,” by Garry Wills. Goldsmith, who served as an assistant attorney general in the Bush administration, is the author of “The Terror Presidency.”

Harvard Law School Professors Michael Klarman and Kenneth Mack ’91 both participated in the SCOTUS Blog’s commentary on Race and the Supreme Court. The Blog’s program is in celebration of Black History Month.

HLS Professor Lawrence Lessig wrote about Google, copyright and our future in an op-ed “For the Love of Culture” that appeared in the Jan. 26, 2010, edition of The New Republic. He is faculty director of the Edmond J. Safra Foundation Center for Ethics. His latest book, “Remix,” was published in paperback in 2008.

In the most recent U.S. presidential election, the candidates debated the wisdom of negotiating with enemies. But such a debate is not confined to political leaders. Whether it’s a dispute between countries, businesses or family members, the parties involved face a crucial decision. And Robert Mnookin ’68 offers a guide to making the right one in his new book, “Bargaining With the Devil: When to Negotiate, When to Fight” (Simon & Schuster).

Harvard Law School Professor Hal Scott testified before the Senate Committee on Banking, Housing, and Urban Affairs on February 4 regarding the Volcker Rules, which aim to address some failings in the financial regulatory structure brought to light by the recent financial crisis.

“A fight over freedom at Apple’s core,” an op-ed written by Harvard Law School Professor Jonathan Zittrain ’95, appeared in the February 3, 2010 edition of The Financial Times.