Faculty Scholarship

This op-ed by Harvard Law School Professors Lucian Bebchuk LL.M. ’80 S.J.D ’84. and Jesse Fried, entitled “Taming the Stock Option Game,” appeared in the November 2009 edition of Project Syndicate. This article builds on their study “Equity Compensation for Long-term Performance.” Bebchuk and Fried are co-authors of “Pay without Performance: The Unfulfilled Promise of Executive Compensation.”

This year's outbreak of the H1N1 influenza has demonstrated that contagions know few boundaries and spread wherever they can find an available host. Likewise, because of their broad jurisdictional rules, U.S. courts can be easy targets for "forum shopping" by foreign plaintiffs seeking redress against American companies for torts they claim have taken place abroad.

Milton Hershey had no children so he said he would make the “orphan boys of the United States” his heirs.To that end, the chocolatier founded the Milton Hershey School, which today serves 1,700 underprivileged children and has an endowment of $6.2 billion. In 2005, Hershey had the nation’s fifth largest endowment, which was about half the size of Princeton’s and Stanford’s but larger than that of the Massachusetts Institute of Technology.

Harvard Law School Dean Martha Minow was honored at the 40th Anniversary Celebration of the Massachusetts Advocates for Children (MAC) on November 13, along with Marian Wright Edelman, president of the Children’s Defense Fund, and the late Senator Edward Kennedy.

Reasonable minds can disagree about Attorney General Eric Holder's decision to prosecute Khalid Sheik Mohammed and four other alleged Sept. 11 perpetrators in a Manhattan federal court. But some prominent criticisms are exaggerated, and others place undue faith in military commissions as an alternative to civilian trials.

HLS Professor David Kennedy ’80, Faculty Director of the new Institute for Global Law and Policy at Harvard Law School, co-chaired a major conference on financial regulation in China on October 29 and 30, at Peking University in Beijing. 

Massachusetts Lawyers Weekly, the Massachusetts Association of Women Lawyers and the Women’s Bar Association have recognized Professor Deborah Anker, LL.M. ’84, one of the world’s leading scholars and practitioners of immigration law, as a 2009 Woman of Justice.

Harvard Law School Professor Robert Sitkoff has been reappointed to serve a new five-year term on the Uniform Law Commission by Massachusetts Governor Deval Patrick. Sitkoff is one of three commissioners representing the Commonwealth.  He has served as an interim commissioner since March of 2008.

Harvard Law School Assistant Professor Jed Shugerman has received the prestigious American Society for Legal History Cromwell Prize for his Ph.D. dissertation, “The People’s Courts: The Rise of Judicial Elections and Judicial Power in America.” The award was presented at the Society’s annual conference this past weekend.

Harvard Law School Professor Charles Fried will serve as one of two Republican co-chairs of a new bi-partisan ABA Administrative Law Section task force examining possible improvements to lobbying regulation. The task force will look at deficiencies in current rules governing lobbying and suggest ways to strengthen the rules.

A year after the United States government allowed the investment bank Lehman Brothers to fail but then bailed out AIG, and after governments around the world bailed out many other banks, key question remains: when and how should authorities rescue financial institutions?

Harvard Law School Professor Elizabeth Bartholet ’65 will testify before the Inter-American Commission on Human Rights on November 6 regarding the “Human Rights of Unparented Children and International Adoption Policies” in the Americas. The hearing comes after a request made by the HLS Child Advocacy Program (CAP) and the Center for Adoption Policy.

 HLS Professor John Coates'  article “A costly lesson in the rule of ‘loser pays’ appeared in the Nov. 1, 2009, edition of The Financial Times. On September 3, Coates joined more than 20 other corporate law and finance professors in filing an amici curiae brief in the case of Jones et al. v. Harris Associates, now pending before the U.S. Supreme Court.

David Wilkins, the Lester Kissel Professor of Law and director of the Program on the Legal Profession at Harvard LawSchool, was selected to receive the first-ever J. Clay Smith Award from Howard University School of Law.  A member of the Harvard Law School faculty since 1986, Wilkins specializes in studying the structures, norms, and practices of the legal profession, as well as legal ethics.

GQ Magazine recently named HLS Professor Elizabeth Warren to its 2009 list of the “50 Most Powerful People in D.C.”  Placing her at number 30, GQ recognized her for her role as the Chair of the Congressional Oversight Panel on the Troubled Asset Relief Program (TARP).

In the three-day Holmes Lecture entitled “Dignity and Defamation: The Visibility of Hate” at Harvard Law School this October, New York University Professor Jeremy Waldron argued for the regulation of hate speech to reinforce society’s collective commitment to uphold one another’s personal dignity.

On Oct. 14, HLS Professor Elizabeth Warren, an expert on consumer and bankruptcy law, received the 2009 Lelia J. Robinson Award from the Women’s Bar Association of Massachusetts. The Robinson Award, named after the first woman admitted to the Massachusetts bar, recognizes women who are engaged in groundbreaking work in the legal profession, and who have served as mentors and role models for other female attorneys.

On Saturday, October 10, 2009, Professors Mark Roe ’75 and Michael Klarman were inducted into the American Academy of Arts and Sciences. This year the academy, an honorary society of scholars and an independent policy research center, selected 210 new members for “pre-eminent contributions to their disciplines and to society at large.”

Ashish Nanda, Robert Braucher Professor of Practice at HLS, wrote “Lawyers should be recruited like doctors,” an op-ed that appeared in the October 13, 2009, issue of The American Lawyer. Nanda is the faculty director of executive education, and research director at the Program on the Legal Profession at Harvard Law School.