Constitutional

Yesterday, the Senate Judiciary Committee chaired a hearing on the constitutionality of the Affordable Care Act and the provision that requires, beginning in 2014, every American to maintain health insurance coverage. The law requires all citizens without work-based insurance to purchase plans in the private market.

A bi-partisan ABA Administrative Law Section task force, co-chaired by HLS Professor Charles Fried, issued a report recommending significant changes to federal lobbying laws. The proposed changes would broaden disclosure required by those involved in lobbying campaigns, address fundraising participation by lobbyists and strengthen enforcement of current law.

Professor Charles Fried joined NPR's On Point to discuss Congress's unprecedented decision to read aloud the full text of the U.S. Constitution as the year's first order of business.

In a Dec. 15 letter to the U.S. Senate Committee on Banking, Housing and Urban Affairs and the U.S. House of Representatives Financial Services Committee, the Committee on Capital Markets Regulation urged the Committees to hold oversight hearings on the implementation through rulemaking of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

Anna Leah Fidelis T. Castañeda LL.M. ’96 S.J.D. ’09 was awarded the William Nelson Cromwell Dissertation Prize for her Harvard Law School S.J.D. dissertation: “Creating Exceptional Empire: American Liberal Constitutionalism and the Construction of the Constitutional Order of the Philippine Islands, 1898-1935.”  

On Nov. 18, as part of the 2010 National Lawyers Convention in Washington, D.C., HLS Professor Chares Fried participated in a debate on the constitutionality of the federal health care legislation—the Patient Protection and Affordable Care Act—signed into law by President Barack Obama ’91 last March.

Carl M. Loeb University Professor Laurence H. Tribe, currently serving as the first Senior Counselor for Access to Justice in the Justice Department, will return to the Harvard Law School faculty in January and resume teaching in the 2011-12 academic year.

In a special seminar sponsored by the Center for History and Economics at Harvard, Associate Justice Stephen Breyer ’64 of the U.S. Supreme Court discussed his new book, “Making Our Democracy Work: A Judge's View,” his jurisprudential philosophy, and as the origins of judicial review.

Harvard Law School professor Adrian Vermeule ‘93, who is an expert on Constitutional Law, recently reviewed two books — one new and one "neglected classic" — which deal with the subject. The first, "Superstatutes," was featured in The New Republic; the other ("The small-c constitution circa 1925") was a contribution to the new Classics section of the online journal Jotwell.

Professor John Manning delivered a chair lecture, “The Separation of Powers as Ordinary Interpretation,” in October to mark his appointment as the Bruce Bromley Professor of Law. Manning addressed a full Caspersen Room, with a broad representation of the Harvard Law School community in attendance.

On Oct. 12, Judge Virginia A. Phillips of Federal District Court for the Central District of California issued an injunction barring enforcement of don’t ask, don’t tell, the law that prohibits openly gay men and women from serving in the military.

In a Harvard Law School lecture sponsored by the American Constitution Society, Linda Greenhouse, former Supreme Court correspondent for The New York Times, discussed “the Roberts Court at Five.”

In early September, Timothy Endicott, dean of the faculty of law at Oxford University and a professor of legal philosophy, spoke to an overflow audience in Pound Hall on how judges in Europe and the United States have ruled on the territorial extent of human rights.  

In Christian Legal Society v. Martinez, the Supreme Court ruled 5-to-4 last June that a public law school did not violate the First Amendment by withdrawing recognition from a Christian student group that excluded gay students. On Sept. 8, the Harvard Federalist Society sponsored a discussion of Martinez and its implications for religious freedom.

Benjamin Kaplan, the Royall Professor of Law Emeritus at Harvard Law School and a former justice of the Massachusetts Supreme Judicial Court, died August 18, 2010.

Shifts in public opinion on gay marriage could influence Justice Kennedy and the fate of same-sex marriage in the Supreme Court, writes HLS Professor Michael Klarman in an op-ed in August 15, 2010 edition of The Los Angeles Times.

Harvard Law School Professor Randall Kennedy recently appeared on Public Radio International’s show “The Takeaway” to discuss the 14th amendment in light of the current immigration debate.

Harvard Law School Professor Jack Goldsmith recently published an op-ed in the Washington Post on the effects the new Strategic Arms Reduction Treaty (START) could have on the Senate’s role in foreign policy.

In the Aug. 2 issue of New Republic online, HLS Professor Adrian Vermeule ’93 reviews two new books: “Keeping Faith with the Constitution” by Goodwin Liu, Pamela S. Karlan, and Christopher H. Schroeder and “The Living Constitution” by David Strauss. Vermeule’s latest book is Law and the Limits of Reason (Oxford University Press 2009).

“Imagining a Liberal Court,” an article by HLS Professor Noah Feldman, appeared in the June 21, 2010, edition of the New York Times Magazine. A contributing writer to the New York Times, Feldman recently wrote a book entitled “Scorpions: The Battles and Triumphs of F.D.R.’s Great Supreme Court Justices,” which will be published in the fall.