Constitutional

The U.S. Supreme Court issued its ruling on the 2010 national health care overhaul on Thursday, June 28, 2012, largely allowing the Patient Protection and Affordable Care Act (ACA) to stand. A number of HLS faculty members offered media analysis of the Court’s ruling in the days following the ruling.

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.

On April 19, Harvard Law School's American Constitution Society sponsored “A Progressive Vision of National Security,” a lecture delivered by Former Wisconsin Senator Russ Feingold ’79. The only member of the Senate to vote against the PATRIOT Act in 2001 and one of 23 to vote against the Iraq war in 2002, Feingold recently authored "While America Sleeps," a book that details his criticisms of American foreign policy since 9/11 and proposes a plan to correct the nation's course.

A decision by the U.S. Supreme Court on whether Congress has the power to mandate individuals to have private insurance coverage isn’t expected until the end of June. But Georgetown University Law Center professor and libertarian legal theorist Randy Barnett ’77 is already claiming victory of sorts for his argument that the mandate is unconstitutional.

Despite its “essential” cloak of secrecy, the Central Intelligence Agency is committed to the rule of law, CIA general counsel Stephen W. Preston ’83 said in a speech at Harvard Law School on Tuesday, April 12, hosted by the HLS American Constitution Society.

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.”

The Supreme Court opened its review of the national health-care overhaul on Mar. 26, the first of three days of oral arguments on the 2010 law. In light of the historic arguments, law schools professors at HLS and elsewhere in the Boston area have incorporated the debate into their classrooms, and, In the media, HLS Professors I. Glenn Cohen. Einer Elhauge, Noah Feldman, Charles Fried and Laurence Tribe weighed in on the case.

John Payton ’77, a leading civil rights lawyer who defended the University of Michigan's affirmative action policy before the Supreme Court and led the NAACP Legal Defense and Educational Fund, died March 22, 2012. He was 65.

On February 27, the Harvard Law School Program on the Legal Profession sponsored a lecture by ABA President William Robinson III about a critical issue facing the legal system – state court underfunding. Robinson outlined facts and figures that speak to the enormity of the crisis, and underscored what those numbers mean to those seeking justice and to the American concept of democracy.

When the second wave of feminism swept the country in the early 1970s, a woman had never served on the United States Supreme Court. There had never been a woman Secretary of State. If there were any women attorneys general, CEOs, or law school deans, they were rarer than water vapor on the moon. Today, there’s nothing to hold women back. Right? Not so fast. That’s the message delivered by keynote speaker Nancy Gertner to the 300-plus attendees of the National Association of Women Judges’ (NAWJ) conference held at Harvard Law School in mid-March.

In a recent book review for The New Republic, Harvard Law School Professor Adrian Vermeule ’93 examines Richard A. Epstein’s “Design for Liberty: Private Property, Public Administration, and the Rule of Law” (Harvard University Press, 2011).

Harvard Law School Professor Jack Goldsmith appeared on the Mar. 12 edition of NPR’s On Point with Tom Ashbrook alongside ACLU Executive Director Anthony Romero. The two addressed the controversy over Attorney General Eric Holder’s recent remarks at Northwestern University Law School in which he defended the legality of the Obama administration’s use of targeted killings of Americans suspected of terrorism-related activity.

A scholar of administrative law and constitutional law and theory, Professor Adrian Vermeule ’93 has written the new book “The System of the Constitution” (Oxford University Press), in which he explores how individuals and larger institutions together shape the constitutional order. Vermeule recently spoke about his book and an event in London that featured discussion of his ideas.

An array of luminaries from academia and the bench—and from around the world—came to Harvard Law School to celebrate Professor Frank Michelman ’60 and his influential work, as he prepares to retire after nearly half a century on the HLS faculty.

Ralph Nader ’58 and Bruce Fein ’72 visited Harvard Law School for a talk sponsored by the HLS Forum and the Harvard Law Record. At the event, “America's Lawless Empire: The Constitutional Crimes of Bush and Obama,” both men discussed what they called lawless, violent practices by the White House and its agencies that have become institutionalized by both political parties.

Nancy Gertner, HLS professor of practice and former judge of the U.S. District Court for Massachusetts, was counsel of record in an amicus brief submitted to the U.S. Supreme Court in Dorsey v. U.S. and Corey Hill v. U.S. The Court’s decision will determine whether the Fair Sentencing Act of 2010, which redressed some of the inequities in the sentencing of defendants in crack-cocaine cases, applies to defendants who were sentenced after the law was enacted, but whose crimes were committed beforehand.

In a replica of a high-level White House negotiation session, teams of students in a new advanced negotiation workshop at Harvard Law School offered advice on how to handle Guantanamo detainees. Although the negotiation wasn’t real, for the students the stakes were still high: One team was later selected by fellow students to travel to Washington, D.C., to make a presentation on Guantanamo to U.S. Assistant Attorney General Ronald Weich.

There are two things former U.S. Solicitor General Paul Clement ’92 won’t do: Tell you where he stands on same-sex marriage, and grouse about the controversy that enveloped him last spring when he resigned from his law firm in order to continue defending U.S. House of Representatives Republicans in litigation over the Defense of Marriage Act.

The celebration of Martin Luther King, Jr. Day at Harvard Law School on Monday, Jan. 23 included a panel moderated by Harvard Law School Clinical Professor Ronald Sullivan ’94, and featuring Harvard Medical School Professor Allen Counter and Preston Williams, a theology professor at Harvard Divinity School. Students from across the University, including students from the Medical School, the Divinity School, the Kennedy School, the Business School, and Harvard College attended the celebration.

HLS Professor Charles Fried was counsel of record in an amicus brief filed on Jan. 13 with the Supreme Court on behalf of 104 health law professors supporting the constitutionality of the insurance mandate in the Patient Protection and Affordable Care Act, which will be challenged before the Supreme Court in Department of Health and Human Services v. State of Florida in March.