Faculty Scholarship

Professor Charles Fried writes: What is indispensable is that [Miers] be able to think lucidly and deeply about legal questions and express her thoughts in clear, pointed, understandable prose. A justice without those capabilities -- however generally intelligent, decent, and hardworking -- risks being a calamity for the court, the law, and the country.

Professor Mary Ann Glendon writes: At first glance, it is hard to see why these side-glances at what other countries do have provoked such alarm. True, the references have increased somewhat, but they remain rare, and no one suggests that the court has directly based any of its interpretations of the Constitution on foreign authority.

Today, Harvard Law Professor Charles Fried will appear before the Senate Judiciary Committee to testify in support of chief justice nominee John Roberts, a member of the class of '79, regarding Roberts' qualifications for the position. In his service as the chair of the practitioners’ reading committee, Fried examined Roberts' previous decisions to evaluate Roberts for the Standing Committee on the Judiciary of the American Bar Association.

“People are rightly concerned that [the Supreme Court decision, in Kelo v. City of New London] will give cities license to take private homes just…

The following op-ed by Assistant Professor Jed Shugerman, Revisiting the Senate's 'nuclear' option, originally appeared in The Boston Globe on September 12, 2005: A second opening on the Supreme Court raises the stakes for the Senate hearings and doubles the chances of the Senate going "nuclear": The Senate Democrats filibuster, the Republicans vote to change the rules for closing debate, and the Democrats grind the Senate to a halt.

George W. Bush has lost his favorite Supreme Court Justice. No, Antonin Scalia has not quietly resigned. (Does Scalia quietly do anything?) And yes, Bush does like to say that Scalia is his favorite Justice. But I have a sneaking suspicion his heart beats faster for William Rehnquist.

When Henry Steiner '55 and Detlev Vagts '51 published the first edition of "Transnational Legal Problems" in 1968, the collaboration marked a milestone in the field of international law.

When Professor Elizabeth Bartholet ’65 spoke at a conference on international adoption in Guatemala City early this year, she addressed a room full of activists, lawyers and politicians. But at the heart of her speech, and her pro bono advocacy, are children–living in institutions or foster care around the world.

The evidence suggests that Dershowitz is not overstating the case. "Rights from Wrongs: A Secular Theory of the Origins of Rights" (Basic Books), published in November 2004, was his ninth book since the beginning of 2000--and his 19th since 1982, when Random House published his first popular book about law, "The Best Defense."

“Excessive pay isn’t the only cost of flawed compensation arrangements. Executives’ influence over their boards has produced pay arrangements that dilute and sometimes pervert incentives.

In "The Limits of International Law" (Oxford University Press, 2005), Professor Jack L. Goldsmith and Eric A. Posner '91 argue that international law is less powerful than many experts believe.

Local governments have long had broad authority to accomplish urban planning through the power of eminent domain--taking land away from private owners for fair market value and converting it to uses that meet public needs.

“Talking to terrorists is different from giving in to them. Sometimes it may be good practice to know what they are thinking, or, as a…

After columnist Robert Novak published leaked information in July 2003 revealing that Valerie Plame, the wife of a prominent critic of the Bush administration, was a CIA operative, a special prosecutor launched an investigation to determine who was responsible for the leak.

After a decade of soaring to unprecedented levels, executive compensation is the subject of an intense debate. In their just published "Pay without Performance: The Unfulfilled Promise of Executive Compensation," HLS Professor Lucian Bebchuk LL.M. '80 S.J.D. '84 and UC Berkeley School of Law Professor Jesse Fried '92 explore the causes and consequences of flawed compensation arrangements.

On October 15, a new book on executive pay and corporate governance by HLS Professor Lucian Bebchuk and Jesse Fried, Harvard Law School class of 1993, will be the focus of symposium at Columbia Law School.

Professor Philip Heymann '60 and his colleague from Harvard's John F. Kennedy School of Government Juliette Kayyem '95 say Congress should provide much-needed legislation to deal with a number of issues that have emerged in the last three years in the fight against terrorism.

A Harvard Law School professor says a unilateral war on terror will not succeed. His solution: contain and isolate extremists by repairing frayed alliances and finding common ground with mainstream Islam.