Legal History

On May 14, 2014, Harvard Law School Professor Tomiko Brown-Nagin, along with Bruce Ackerman of Yale Law School and Steven Calabresi of Northwestern Law School participated in a discussion at the National Constitution Center in Philadelphia titled “The Civil Rights Movement: Redefining the Meaning of Equality.”

Harvard Law School Professor Kenneth Mack ‘91 delivered a talk, “The Sit-In Cases After Fifty Years: A Reappraisal,” on the occasion of his appointment as the inaugural Lawrence Biele Professor of Law.

A current exhibit in HLS Library’s Historical & Special Collections department highlights some new and unusual acquisitions, many of which were meant to be accessible to people untrained in the law.

More than 100 years after the U.S. Supreme Court decided a series of cases that left citizens of territories including Puerto Rico, Guam and the American Samoa with only limited Constitutional rights, Harvard Law School hosted a conference to reconsider the so-called Insular Cases and the resonance they continue to hold today.

Samuel Moyn '01, a leading historian and prize-winning author, will join the faculty of Harvard Law School starting July 1, 2014 as professor of law. Moyn currently serves as James Bryce Professor of European Legal History in the Columbia University history department.

“The New Black: What Has Changed—and What Has Not—with Race in America,” edited by Professor Kenneth W. Mack ’91 and Guy-Uriel Charles (New Press). The volume presents essays that consider questions that look beyond the main focus of the civil rights era: to lessen inequality between black people and white people. The contributors, including HLS Professor Lani Guinier, write on topics ranging from group identity to anti-discrimination law to implicit racial biases, revealing often overlooked issues of race and justice in a supposed post-racial society.

Brown uses her own example—after leaving a law partnership upon the birth of her daughter, she is now a professor of business law—and those of many others, from a jewelry designer to a nurse to a rabbi, to show the possibilities for those who are unhappy with the practice of law. Such a change is not easy, but a lawyer’s skills can be reframed and refreshed, she says, adding that she has never met a former lawyer who regrets having left the profession.

The Harvard Law School Library Blog, “Et Seq.,” frequently publishes historical documents and images from the law school’s archives. For a recent post, they showcased a historical image of the editorial board of Volume 51 of the Harvard Law Review celebrating a successful year outside of Austin Hall.

For a young law student arriving at Harvard Law School in the fall of 1988, Morton Horwitz [’67] seemed to encapsulate everything that I (no doubt, naively) expected to see in a Harvard professor. Among the students, he was widely known as “Mort the Tort,” for the passion that he brought to the class with which he was most widely identified.

When Harvard Law Professor Daniel Meltzer ’75 was named director of the American Law Institute in January, he joined a long line of members of the HLS community who have helped shape the direction of the law from inside the ALI.

When you next have a free moment online, visit the Oliver Wendell Holmes, Jr. Digital Suite, launched by the Harvard Law School Library early…

This semester, Harvard Law School launched the Law and History program of study, which is headed by two faculty leaders: Professor Tomiko Brown-Nagin, who is also a Professor of History in the Faculty of Arts and Sciences, and Professor Kenneth Mack. In a Q&A, Brown-Nagin discusses the origins and goals of the new program of study as well as her own scholarship.

“Medical tourism—the travel of patients who are residents of one country (the ‘home country’) to another country for medical treatment (the ‘destination country’)—represents a growing and important business," writes Assistant Professor I. Glenn Cohen ’03 in a recent article.

In October, the Charles Hamilton Houston Institute for Race and Justice sponsored a two-day conference looking back at Cooper v. Aaron and the impact it’s had on law and education over the course of 55 years. The event brought together legal scholars, students, and civil-rights lawyers and featured a moot-court proceeding involving U.S. Supreme Court Justice Stephen Breyer and nine appellate judges, to revisit the legal questions raised by Cooper.

As two HLS graduates are vying to lead the United States, we asked six legal historians on the faculty to reflect on the connections between legal education and leadership.

Human rights lawyer Thomas Buergenthal LL.M. ’61 S.J.D. ’68, author of “A Lucky Child: A Memoir of Surviving Auschwitz as a Young Boy,” wrote that his experience as a Holocaust survivor made him a better judge. "I understood, not only intellectually but emotionally, what it is like to be victim of human rights violations. I could, after all, feel it in my bones."

"The Roots of Clarence Thomas' Black Burden," an op-ed by Harvard Law School Professor Kenneth Mack ’91, appeared in The Root on April 6. In it, Mack examines Thomas' role as an African American justice who, according to Mack, has "embraced the role of representative of his race"—50 years after William H. Hastie bore a similar "burden" as the first African American federal judge.

Paul Volcker, former chairman of the Federal Reserve under Presidents Carter and Reagan, and former chairman of President Obama’s Economic Recovery Advisory Board, was on campus in early April as a guest of the Edmond J. Safra Center for Ethics series on institutional corruption. The Center’s director, Professor Lawrence Lessig, introduced him to an at-capacity crowd in Ames Courtroom before yielding the floor to Harvard Business School Professor Emeritus Malcolm Salter, who moderated a conversation with Volcker on the historical context of today’s financial crisis and current efforts to thwart future crises.

Two years after considering the possibility of work stoppages in major league sports, the annual Harvard Law School Sports Law Symposium this year examined unresolved issues in the aftermath of collective bargaining agreements, as well as the ongoing problems of concussions and performance-enhancing drugs.