Calculate!

calculatorsJust in time for exams! By student request, we now have three TI-30XIIS calculators ready to help HLS students calculate during accounting or finance law exams! To check one out, visit the HLS Library Circulation Desk. The calculators will circulate for three hours.

Another Option for Finding Library Materials by Subject

I have written before in this blog about using the Hollis library catalog to find materials in the law library by subject.

Specifically, I find the Hollis catalog’s hyperlinked Library of Congress (LC) Subject Headings to be a great way to discover what the libraries at Harvard have on a particular topic, especially if I’m looking for materials in multiple languages.

I recently learned more about a subject-based classification system that is used in many German academic libraries, the Regensburger Verbundklassifikation (RVK) system. This system was developed by the library at the University of Regensburg in the 1960s.

As with LC Call Numbers, the RVK system assigns letters to subjects. However, where law books are given a call number that starts with “K” under the LC system, the RVK system uses the letter “P” for call numbers for legal materials.

There is a wonderful RVK directory and search engine that is freely available through the internet: RVK Online. Although it is all in German, it is intuitive enough to use even if you don’t know the language well.

On the homepage of this site, there is a collapseable list of subjects. To view the subtopics under law, you would click the plus-sign next to Rechtswissenschaft (Legal Sciences).

rvk_1

Next, keep collapsing the list until you find the subject you want.  For example, if you are interested in researching the history of criminal law in the German states, you would click Rechtswissenschaft > Strafrecht, Strafverfahrensrecht, Kriminologie > Allgemeines und Geschichte > Geschichte > Deutsche Länder.

Once you have clicked down to a designated subject, a menu will appear on the right side of the screen. There is a row of blue buttons under the text of the subject you have selected. You can use these buttons to search for materials on this subject in German-language library consortia catalogs. (Suche = Search)

  • BVB – Library consortium of the state of Bavaria
  • GVB – Library consortium of the states of Bremen, Hamburg, Mecklenburg-Vorpommern, Niedersachsen, Sachsen-Anhalt, Schleswig-Holstein, Thüringen
  • SWB – Library consortium of the state of Baden-Württemberg
  • OVB – Library consortium of Austria

rvk_2

If, on the above screen, you were to click Suche in SWB, you would see a search results list of 288 items available in the libraries of Badem-Württemberg, listed chronologically, newest first. (Note: I personally find the SWB catalog to be very strong in legal materials.)

The first book in this list is a 2014 conference publication about the work of Feuerbach, a late-17th century German legal scholar whose major work was to reform the Bavarian criminal code.

rvk_3

If you are interested in the history of criminal law in Bavaria, you will probably want to read this book. Of course, if you are not in Germany, you’re wondering if any U.S. libraries have this book so that you can borrow it.

This is easy enough to find out. Click the record in the SWB catalog, and look for the book’s ISBN number, a 13-digit code that starts with “978.”

Then, use that code to search for the book in the worldwide library catalog WorldCat (http://www.worldcat.org/advancedsearch). There is an option to search WorldCat by ISBN.

If you do this, you will see that several North American libraries (include the HLS Library!) own this book.

rvk_4

Although there is not a lot that has been written about the RVK system in languages other than German, there are lists of selected subjects (including those under the “P” legal sciences class) translated into both English and Italian. These lists are available at http://www.unibz.it/en/library/about/projects/rvk-translation.html.

The RVK system provides researchers with another option for finding library materials by subject. It might be easier to use this RVK system for certain types of research than to try to search a library catalog by keyword, especially if you are unfamiliar with the language used to discuss the topic in the scholarly literature.

I know that this is a resource that I am very happy to have learned about, and one that I will always use in my searches for German law materials in the future.

 

Guide to researching executive power

If you have recently developed a stronger interest in the topic of executive power, we have a new research guide that can help you explore it through many resources available both at the HLS Library and beyond.

Executive Power: a guide to researching executive and presidential power in the United States covers:

  • tips for finding on point caselaw and other primary sources
  • treatises on constitutional law and the executive branch specifically plus dozens of books about executive and presidential power
  • databases–those covering law as well as political science, policy, and history
  • sources for very current as well as older scholarly articles
  • newspapers and legal blogs
  • how to find relevant Congressional Research Service reports and think tank publications
  • links to presidential libraries, resources about presidential transitions, and research guides to other aspects of the presidency

Book Talk: Norm Champ’s Going Public: My Adventures Inside the SEC and How to Prevent the Next Devastating Crisis, Wed. Nov. 30 at noon

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of Going Public: My Adventures Inside the SEC and How to Prevent the Next Devastating Crisis (McGraw-Hill Education, March 17, 2017) by Norm Champ, Lecturer in Law, former Director of the Division of Investment Management at the SEC, and currently a partner in the Private Funds Group at Kirkland & Ellis.  This book talk is co-sponsored by the Harvard Tax Law and Financial Regulation Students Association.

Wednesday, November 30, 2016 at noon, with lunch



Harvard Law School Room WCC 2036 Milstein East B (Directions)

1585 Massachusetts Ave., Cambridge

blog-champMore About Going Public: My Adventures Inside the SEC and How to Prevent the Next Devastating Crisis

“In the wake of the 2008 financial crisis, the U.S. stock market went through seismic ruptures that destroyed businesses and damaged millions of lives. Daily revelations about an overly leveraged investment sector and endless scandal only underlined the vulnerability of the U.S. financial system. Facing its own ineptitude, the Securities and Exchange Commission (SEC) had to shape up, but how would that be possible in a dysfunctional agency riddled with bureaucratic bungling, soul-killing work rules, and civil service privileges that defied common sense?

In Going Public, Norm Champ details his time spent as the Director of the Division of Investment Management at the SEC. He offers a rare examination inside a major federal agency during a crisis, and his insights and accounts illuminate conditions in our economy today. His narrative is supported by:

  • Explanations on the inner workings of hedge funds, economic policy and politics, investing, and inefficient federal agencies;
  • Recommendations for policy changes to create healthy, corruption-free markets and help prepare Americans for future crises;
  • First-hand account of how players such as Ben Bernanke and Elizabeth Warren battled to shape Wall Street and financial reform; and
  • Exploration of a string of narrowly averted financial disasters that were hidden from the world including one that has never been made public.

Though there are signals that we are recreating prime conditions for another crisis, Champ shows how policymakers can avoid triggering these events, strengthen America’s financial system, and through commonsense regulation and increased financial literacy, make the U.S. the world’s most vibrant market.” — McGraw-Hill Education

About Norm Champ

Mr. Champ is a lecturer on investment management at Harvard Law School. He began teaching in the fall of 2015, having just completed a term as Visiting Scholar.  He joined Kirkland & Ellis LLP Investment Funds Group as a partner in February 2016. Mr. Champ is the former Director of the Division of Investment Management at the SEC. Under his leadership, the SEC adopted a new rule in July 2014 to reform money market mutual funds.

While at the SEC, Mr. Champ led the creation of the Division’s Risk and Examination Office which monitors the investment management industry to understand risks that regulations should address.  He was the leader of the SEC’s interactions with the Financial Stability Oversight Council as the Council turned its attention to designating asset management firms as “systemically important.” He also worked on crisis management efforts at securities firms to protect customers of those firms. Mr. Champ also headed the creation of Guidance Updates and Senior Level Engagement, initiatives created to provide transparency to the industry and to engage with boards and senior managements of asset management firms, respectively. Mr. Champ also recommended that the Commission adopt the portion of the Volcker Rule covering private funds and other matters. For his service in the Division at the SEC, Mr. Champ received the Chairman’s Award for Law and Policy in 2014, the Chairman’s Award for Labor Management Relations in 2014 and the Chairman’s Analytical Methods Award in 2013.

Prior to becoming the Director of the Division of Investment Management, he was the Deputy Director of the SEC’s Office of Compliance, Inspections and Examinations (OCIE) and the Associate Regional Director for Examinations in the SEC’s New York Regional Office. In that capacity he supervised examinations of broker-dealers, investment advisers/investment companies, exchanges, clearing agencies and credit rating agencies.  While at OCIE in 2011, Mr. Champ received the Chairman’s Award for Law and Policy and the Chairman’s Award for Labor-Management Relations.

Mr. Champ participated in the SEC’s Technical Assistance program in Saudi Arabia, Abu Dhabi and Hong Kong. He is a frequent and seasoned speaker having spoken on securities law topics at SEC programs, Princeton University’s Bendheim Center for Finance, the Practicing Law Institute, ICI, SIFMA, MFA, the Saudi Central Bank, the New York City Bar Association, the International Bar Association, the ACA Compliance Group and others.

Before joining the SEC in 2010, Mr. Champ was Executive Vice President and General Counsel of Chilton Investment Company, an investment adviser to long/short equity hedge funds and managed accounts. Prior to joining Chilton in 1999, Mr. Champ was at the law firm of Davis Polk & Wardwell.  From 1990 to 1992, Mr. Champ clerked for the Honorable Charles S. Haight, Jr. of the U.S. District Court for the Southern District of New York.

Mr. Champ has an A.B., summa cum laude, in History from Princeton University and a J.D., cum laude, from Harvard Law School.  He was a Fulbright Scholar at King’s College London where he received his M.A. in War Studies.

 

POLITICO Pro and Transition 2017

Did you know that POLITICO Pro is putting out a daily newsletter every afternoon now through the first 100 days of the next presidency? As described by POLITICO:

Transition 2017 is POLITICO’s source for intensive coverage of the presidential transition teams, incoming administration hires and key decisions in the early days of the new White House. POLITICO will cover the power grabs, insider fights, secret nominee lists, vetting processes and policy agendas.

transition2017All members of the HLS community can get a POLITICO Pro subscription and sign up for Transition 2017. To subscribe, send an email from your HLS account to tfarr (at) politico.com.  A confirmation email with username and password will be mailed back to you. Once you’ve got an account, visit POLITICO’s Transition 2017 headquarters for the latest news and to sign up for the email newsletter.

If you want more help getting started with POLITICO, please ask a librarian.

The 25th anniversary of Cohen v. Cowles Media Company : Guest post by Joseph Russomanno, Associate Professor, Walter Cronkite School of Journalism and Mass Communication, Arizona State University

It was my privilege to organize and moderate a panel discussion in 2016 looking back at – and forward from – the U.S. Supreme Court’s 1991 ruling in Cohen v. Cowles Media Co. This occurred at the annual conference of AEJMC, the Association for Education in Journalism and Mass Communication. I am a member of AEJMC’s law and policy division. The confluence of events made it the perfect time and place for this discussion: Not only was it the 25th anniversary of the ruling, but for only the second time in its 104-year history, AEJMC’s conference was held in Minneapolis, the city that shared the case’s origins with its twin, St. Paul.

Et Seq.’s editors have been kind enough to include an audio recording of the discussion here. It speaks volumes thanks to the unique insights the panelists share. Thus, what I write here is not meant to supersede the recording, but merely to supplement it with a bit of context. As I attempted to do with the session itself, I will allow the superb panelists to speak for themselves.

The reader may wonder why a discussion of this ruling appears on Et Seq., the blog of the Harvard Law School Library. HLS is deeply woven into Cohen v. Cowles Media Co. The case papers are archived at HLS, thanks to the efforts of HLS graduate Elliot Rothenberg. Mr. Rothenberg, a participant in the panel, successfully represented Dan Cohen, himself a HLS graduate. (It should also be noted that this recording would not have materialized without the perseverance of Mr. Rothenberg.) In addition, Paul Hannah, another HLS graduate, not only was chief counsel to the St. Paul Pioneer Press during the Cohen case, he served on this panel as well.

Two other individuals also agreed to contribute to the discussion. First is Bill Salisbury, the Capitol bureau reporter for the Pioneer Press. During a 1982 meeting, he promised to keep Mr. Cohen’s identity confidential in exchange for sensitive information. When Mr. Salisbury’s editor overruled the promise, a door opened for a lawsuit. Second, Susan Keith, a former newspaper reporter and now an associate professor and media law expert at Rutgers University, served on the panel. Though not directly involved with Cohen v. Cowles Media Co., Dr. Keith provided a tremendously valuable perspective to the conversation.

While this discussion provided a small degree of grounding in the ruling, that was not its primary purpose. Instead, my goal with the panel was to 1) reflect on some aspects of the case with the perspective that 25 years provides, and 2) consider the ruling’s legacy over the past quarter century and to look ahead. Those interested in more complete foundational information might turn to Mr. Rothenberg’s book, The Taming of the Press and, of course, the ruling itself: 501 U.S. 663 (1991).

Those who listen to the recording will hear about a significant case that began when newspaper editors decided to break promises of confidentiality their reporters had made to a source, Mr. Cohen. At issue: Is that an editorial decision that is protected by the First Amendment’s press freedom clause? How has the ruling affected the news media’s ability to gather information? What has it done to the practice of utilizing anonymous sources? Did the ruling erode or enhance the news media’s First Amendment rights?

For me, there’s nothing more gratifying and rewarding professionally than assembling, then guiding, a successful panel discussion. When you listen, I hope you will share in that same sense of satisfaction.

Joseph Russomanno, Ph.D., Associate Professor, Walter Cronkite School of Journalism and Mass Communication, Faculty Affiliate, Sandra Day O’Connor College of Law, Arizona State University

Note: The Case files from Cohen v. Cowles are part of the Law Library’s Historical & Special Collections Modern Manuscript Collection.  The collection is open to all researchers. Anyone interested in using the collection should contact Historical & Special Collections to schedule an appointment.

Elliot Rothenberg’s oral argument from March 27, 1991 can be heard on OYEZ, hosted by the Chicago-Kent College of Law.

Book Talk and Chair Lecture: Law’s Abnegation: From Law’s Empire to the Administrative State, Thur. Nov. 17 at 5:15 pm

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of Professor Adrian Vermeule’s recent publication of Law’s Abnegation:  From Law’s Empire to the Administrative State (Harvard University Press, Nov. 2016). of Law.  This talk also celebrates Professor Vermeule’s appointment as The Ralph S. Tyler, Jr.  Professor of Constitutional Law.

Copies of Law’s Abnegation will be available for sale and Professor Vermeule will be available for signing books at the end of the talk.

Thursday, November 17, 2016 at 5:15 pm with a reception following the book talk.
Harvard Law School Room WCC 2019 Milstein West A/B (Directions)
1585 Massachusetts Ave., Cambridge

About Law’s Abnegation:  From Law’s Empire to the Administrative State

Law's Abnegatio“Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons.

In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action.

As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.” — Harvard University Press

About Adrian Vermeule

Adrian Vermuele

Adrian Vermeule is the Ralph S. Tyler, Jr. Professor of Constitutional Law. Before coming to the Law School, he was the Bernard D. Meltzer Professor of Law at the University of Chicago. The author or co-author of eight books, most recently The Constitution of Risk (2014) and The System of the Constitution (2012), he was elected to the American Academy of Arts and Sciences in 2012. His research focuses on administrative law, the administrative state, the design of institutions, and constitutional theory. Having grown up in Cambridge and attended Harvard College ’90 and Harvard Law School ’93, Vermeule lives in Cambridge still.

 

 

Recent Reviews of Law’s Abnegation

Law’s Abnegation is a theoretically informed, analytically rigorous, and, above all, lawyerly interpretation of the law of the modern administrative state. But it is much more than that. Vermeule also brilliantly deconstructs confused and myopic alternative accounts and, most importantly, demonstrates how legal doctrine really works from an internal perspective. Built on the foundation of cases familiar to most administrative lawyers, his analysis is nevertheless revelatory concerning the field’s core commitments, why those commitments make sense, and how they cohere across a wide range of seemingly disparate topics.—Jerry L. Mashaw, Yale Law School

In this powerfully argued book, Vermeule shows that the administrative state, far from being ‘lawless,’ developed in accordance with the internal logic of the U.S. Constitution, and that by ‘working the law pure’ judges appropriately relegate themselves to the margins of the legal order. Both critics and supporters of the administrative state will learn much from his careful, imaginative, and non-polemical analysis.— David Dyzenhaus, University of Toronto Faculty of Law

Vermeule’s knowledgeable and unapologetic account of the theoretical foundations of judicial deference to administrative agencies will unsettle those who think of Congress and the courts as the dominant institutions in our legal system. But even skeptics will have to reckon with the breadth of his erudition and the rigor and forcefulness of the arguments in this impressive book.—  Ronald M. Levin, Washington University School of Law

With sophisticated but understated decision theory, political economy, legal philosophy, political science, and economics covertly lurking in the background, Vermeule relies heavily on traditional legal materials to demonstrate, convincingly, that the administrative state has grown to irreversible proportions with little constraint from the legal system. This book is essential reading not only for lawyers, but also for anyone who wishes to understand contemporary governance.—  Frederick Schauer, author of The Force of Law

Book Talk: Waging War: The Clash Between Presidents and Congress, 1776 to ISIS, Thur. Nov. 17 at noon

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of Waging War:  The Clash Between Presidents and Congress, 1776 to ISIS (Simon & Schuster, Nov. 2016) by Judge David J. Barron, The Honorable S. William Green Visiting Professor of Law.  Judge Barron will be interviewed by Daphna Renan, Assistant Professor of Law.

Copies of Waging War will be available for sale and Judge Barron will be available for signing books at the end of the talk.

Thursday, November 17, 2016 at noon, with lunch

Harvard Law School Room WCC 2019 Milstein West A/B (Directions)
1585 Massachusetts Ave., Cambridge


More About Waging War:  The Clash Between Presidents and Congress, 1776 to ISIS

“A timely account of a raging debate: The history of the ongoing struggle between the presidents and Congress over who has the power to declare and wage war.

The Constitution states that it is Congress that declares war, but it is the presidents who have more often taken us to war and decided how to wage it. In Waging War, David J. Barron opens with an account of George Washington and the Continental Congress over Washington’s plan to burn New York City before the British invasion. Congress ordered him not to, and he obeyed. Barron takes us through all the wars that followed: 1812, the Mexican War, the Civil War, the Spanish-American war, World Wars One and Two, Korea, Vietnam, Iraq, and now, most spectacularly, the War on Terror. Congress has criticized George W. Bush for being too aggressive and Barack Obama for not being aggressive enough, but it avoids a vote on the matter. By recounting how our presidents have declared and waged wars, Barron shows that these executives have had to get their way without openly defying Congress.

Waging War shows us our country’s revered and colorful presidents at their most trying times—Washington, Lincoln, Theodore Roosevelt, Franklin Roosevelt, Truman, Eisenhower, John F. Kennedy, Johnson, both Bushes, and Obama. Their wars have made heroes of some and victims of others, but most have proved adept at getting their way over reluctant or hostile Congresses. The next president will face this challenge immediately—and the Constitution and its fragile system of checks and balances will once again be at the forefront of the national debate.” — Simon & Schuster

About Judge David Barron

Judge Barron was appointed to the First Circuit Court of Appeals in May 2014. He graduated from Harvard College in 1989 and Harvard Law School in 1994. From 1989 to 1991, he worked as a newspaper reporter. After graduating from law school, he clerked for Judge Stephen R. Reinhardt of the United States Court of Appeals for the Ninth Circuit, from 1994 to 1995, and for Justice John Paul Stevens of the United States Supreme Court, from 1995 to 1996. He then worked as an attorney advisor for the Office of Legal Counsel of the United States Department of Justice, from 1996 to 1999. In 1999, Judge Barron became an Assistant Professor at Harvard Law School. He became a full Professor at Harvard Law School in 2004, where he worked until he rejoined the Justice Department as Acting Assistant Attorney General from 2009 to 2010. He then returned to the Harvard Law School faculty in 2010, where he was named the S. William Green Professor of Public Law in 2011, and worked until his appointment to the federal bench in 2014. Judge Barron is visiting Harvard Law School during 2016-2017 as The Honorable S. William Green Visiting Professor of Public Law.

About Daphna Renan

Daphna Renan is an Assistant Professor of Law at Harvard Law School.  She teaches and writes about administrative law, national security, criminal procedure, and executive power.  Her current research examines surveillance as ongoing and routinized domestic administration, and explores mechanisms for its systemic governance.  Renan draws analytic, doctrinal, and institutional tools from the fields of administrative law and criminal procedure, and she analyzes the interplay of agency design with rights-based adjudication.  Her work integrates legal analysis with interdisciplinary perspectives on the administrative state.

Before joining HLS, Renan served as an attorney advisor in the Justice Department’s Office of Legal Counsel and as counsel to the Deputy Attorney General.  She was also a member of President-Elect Obama’s Justice Department transition team.  Renan clerked for Justice Ruth Bader Ginsburg of the U.S. Supreme Court and Judge Harry T. Edwards of the U.S. Court of Appeals for the District of Columbia Circuit.  She received her J.D. from Yale Law School, where she served as an articles editor of the Yale Law Journal.  She received her B.A., graduating summa cum laude, from Yale College.

Recent Reviews of Waging War: The Clash Between Presidents and Congress, 1776 to ISIS

“A brilliant book by one of our most brilliant young jurists, Waging War plumbs two hundred and forty years of history for answers to an urgent question about the future of the American democracy. Will presidents wage the wars of tomorrow within limits or without constraints? David J. Barron has written the definitive account of the value of constitutional government in the way the United States goes to war.” — John Fabian Witt, author of Lincoln’s Code: The Laws of War in American History

“As the distinguished jurist and law professor David J. Barron reminds readers in his splendid and wonderfully lucid new work, the conflict between the commander-in-chief and congress to declare and wage war is truly the story of America. With a scholar’s rigor and precision, a historian’s hunger and curiosity, and a natural story-teller’s gift for narrative and character, Waging War takes readers from the struggle to win and sustain independence to today’s shadowy post-Cold War world characterized by shifting global and terrorist threats and lethal new technologies. For those who care about the past and future control of the supreme power of the American state, Waging War is a vital and essential contribution.” — Gordon M. Goldstein, author of Lessons in Disaster: McGeorge Bundy and the Path to War in Vietnam, Adjunct Senior Fellow, Council on Foreign Relations

“Waging War, deeply researched with a compelling and exciting narrative, immerses readers in the struggles of presidents as commanders in chief, and Congress as they walk the Constitution’s high wire over when and how to wage war. With challenges to presidential powers at their zenith today, Barron offers lessons learned from George Washington to Barack Obama about a decision critical to American lives and the world at large.” — Marcia Coyle, author of The Roberts Court

Book Talk: Nudging Health: Health Law and Behavioral Economics, Wed. Nov. 16 at noon

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of Nudging Health:  Health Law and Behavioral Economics (I. Glenn Cohen, Holly Fernandez Lynch, and Christopher T. Robertson, eds., with Foreword by Cass R. Sunstein)(Johns Hopkins Univ. Press, Nov. 2016).  Professor Cohen and Holly Fernandez Lynch will be joined by panelists including: Jerry Avorn, MD, Professor of Medicine, Harvard Medical School and Chief of Pharmacoepidemiology and Pharmacoeconomics, Department of Medicine, Brigham and Women’s Hospital; Abigail R. Moncrieff, Associate Professor of Law and Peter Paul Career Development Professor, Boston University School of Law; and Cass R. Sunstein, Robert Walmsley University Professor, Harvard Law School.

Copies of Nudging Health will be available for sale.  Professor Cohen, Professor Sunstein, and Holly Fernandez Lynch will be available for signing books at the end of the talk.

Wednesday, November 16, 2016 at noon, with lunch


Harvard Law School Room WCC 2036 Milstein East B/C (Directions)

1585 Massachusetts Ave., Cambridge

Nudging Health Poster

More About Nudging Health:  Health Law and Behavioral Economics

“Behavioral nudges are everywhere: calorie counts on menus, automated text reminders to encourage medication adherence, a reminder bell when a driver’s seatbelt isn’t fastened. Designed to help people make better health choices, these reminders have become so commonplace that they often go unnoticed. In Nudging Health, forty-five experts in behavioral science and health policy from across academia, government, and private industry come together to explore whether and how these tools are effective in improving health outcomes.

Behavioral science has swept the fields of economics and law through the study of nudges, cognitive biases, and decisional heuristics—but it has only recently begun to impact the conversation on health care. Nudging Health wrestles with some of the thorny philosophical issues, legal limits, and conceptual questions raised by behavioral science as applied to health law and policy. The volume frames the fundamental issues surrounding health nudges by addressing ethical questions. Does cost-sharing for health expenditures cause patients to make poor decisions? Is it right to make it difficult for people to opt out of having their organs harvested for donation when they die? Are behavioral nudges paternalistic? The contributors examine specific applications of behavioral science, including efforts to address health care costs, improve vaccination rates, and encourage better decision-making by physicians. They wrestle with questions regarding the doctor-patient relationship and defaults in healthcare while engaging with larger, timely questions of healthcare reform.

Nudging Health is the first multi-voiced assessment of behavioral economics and health law to span such a wide array of issues—from the Affordable Care Act to prescription drugs.” — Johns Hopkins University Press

About I. Glenn Cohen

Professor Cohen is one of the world’s leading experts on the intersection of bioethics (sometimes also called “medical ethics”) and the law, as well as health law. He also teaches civil procedure. Professor Cohen’s current projects relate to big data, health information technologies, mobile health, reproduction/reproductive technology, research ethics, organ transplantation, rationing in law and medicine, health policy, FDA law, translational medicine, and to medical tourism – the travel of patients who are residents of one country, the “home country,” to another country, the “destination country,” for medical treatment.

He is the author of more than 80 articles and chapters and his award-winning work has appeared in leading legal (including the Stanford, Cornell, and Southern California Law Reviews), medical (including the New England Journal of Medicine, JAMA), bioethics (including the American Journal of Bioethics, the Hastings Center Report), scientific (Science, Cell, Nature Reviews Genetics) and public health (the American Journal of Public Health) journals, as well as Op-Eds in the New York Times and Washington Post. Cohen is the editor of The Globalization of Health Care: Legal and Ethical Issues (Oxford Univ. Press, 2013, the co-editor of Human Subjects Research Regulation: Perspectives on the Future (MIT Press, 2014, co-edited with Holly Lynch, Identified Versus Statistical Lives: An Interdisciplinary Perspective (Oxford Univ. Press, 2015, co-edited with Norman Daniels and Nir Eyal, FDA in the Twenty-First Century: The Challenges of Regulating Drugs and New Technologies (Columbia Univ. Press, 2015, co-edited with Holly Lynch, The Oxford Handbook of U.S. Health Care Law (Oxford Univ. Press, 2015-2016, co-edited with William B. Sage and Allison K. Hoffman) and the author of Patients with Passports: Medical Tourism, Law, and Ethics (Oxford Univ. Press, 2014).

Cohen was selected as a Radcliffe Institute Fellow for the 2012-2013 year and by the Greenwall Foundation to receive a Faculty Scholar Award in Bioethics. He is also a Fellow at the Hastings Center, the leading bioethics think tank in the United States. He is currently one of the key co-investigators on a multi-million Football Players Health Study at Harvard which is committed to improving the health of NFL players. He leads the Ethics and Law initiative as part of the multi-million dollar NIH funded Harvard Catalyst | The Harvard Clinical and Translational Science Center program. He is also one of three editors-in-chief of the Journal of Law and the Biosciences, a peer-reviewed journal published by Oxford University Press and serves on the editorial board for the American Journal of Bioethics. He serves on the Steering Committee for Ethics for the Canadian Institutes of Health Research (CIHR), the Canadian counterpart to the NIH.

About Holly Fernandez Lynch

Holly Fernandez Lynch, JD, MBioethics, is Executive Director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School. She is responsible for oversight of the Center’s sponsored research portfolio, event programming, fellowships, student engagement, development, and a range of other projects and collaborations. She is Co-Lead of the Law and Ethics Initiative of the Football Players Health Study at Harvard University, Co-Lead of the Center’s Involvement with the Regulatory Foundations, Ethics, and Law Program of Harvard Catalyst | The Harvard Clinical and Translational Science Center, and co-investigator of the PCORI-funded project “Research Ethics in Patient-Centered Outcomes Research.”  In addition, she is Co-Editor of the Center’s collaborative health policy blog, Bill of Health.

Holly’s scholarship focuses on law, bioethics, and health policy, in particular the regulation and ethical conduct of research with human subjects and conflicts of conscience in health care. She published Conflicts of Conscience in Health Care: An Institutional Compromise in 2008 (MIT Press), and has released two co-edited volumes stemming out of Petrie-Flom Center conferences, Human Subjects Research Regulation: Perspectives on the Future (MIT Press 2014) and FDA in the 21st Century: The Challenges of Regulating Drugs and New Technologies (Columbia Univ. Press 2015).

Holly is faculty at the Harvard Medical School Center for Bioethics, where she co-teaches a course on “Health Law, Policy, and Bioethics.”  In 2014, Holly was appointed as a member of the Secretary’s Advisory Committee on Human Research Protections (SACHRP), U.S. Department of Health and Human Services.

Holly previously practiced FDA law at Hogan & Hartson, LLP (now Hogan Lovells) in Washington, DC.  In addition, Holly has government experience as a bioethicist working with the Human Subjects Protection Branch at the NIH’s Division of AIDS. She was also Senior Policy and Research Analyst for President Obama’s Commission for the Study of Bioethical Issues, where she worked on Ethically Impossible: STD Research in Guatemala from 1946-1948. Holly has served as a member of the Institutional Review Board at The Fenway Institute, and as a member of expert working groups at the Multi-Regional Clinical Trials Center at Harvard.

Panelists

Jerry Avorn

 

 

Jerry Avorn, MD, Professor of Medicine, Harvard Medical School and Chief of Pharmacoepidemiology and Pharmacoeconomics, Department of Medicine, Brigham and Women’s Hospital

Abigail Moncrieff

 

 

Abigail R. Moncrieff, Associate Professor of Law and Peter Paul Career Development Professor, Boston University School of Law

 

Cass R. Sunstein

 

 

 

Cass R. Sunstein, Robert Walmsley University Professor, Harvard Law School

 

Cancelled! Book Talk: Charles Fried’s Medical Experimentation: Personal Integrity and Social Policy: New Edition, Wed., Nov. 9 at noon

THIS BOOK TALK WILL BE RESCHEDULED AT A LATER DATE

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of Professor Charles Fried’s recently published book titled Medical Experimentation: Personal Integrity and Social Policy: New Edition (Franklin Miller, and Alan Wertheimer, eds., Oxford Univ. Press, May 2016).

Copies of Medical Experimentation will be available for sale and Professor Fried will be available for signing books at the end of the talk.

Wednesday, November 9, 2016 at noon, with lunch
Harvard Law School Room WCC 2036 Milstein East B/C (Directions)

1585 Massachusetts Ave., Cambridge

Charles Fried poster

About Charles Fried

Educated at Princeton, Oxford and Columbia Law School, Charles Fried, the Beneficial Professor of Law, has been teaching at Harvard Law School since 1961. He was Solicitor General of the United States, 1985-89, and an Associate Justice of the Supreme Judicial Court of Massachusetts, 1995-99. His scholarly and teaching interests have been moved by the connection between normative theory and the concrete institutions of public and private law. During his career at Harvard he has taught Criminal Law, Commercial Law, Roman Law, Torts, Contracts, Labor Law, Constitutional Law and Federal Courts, Appellate and Supreme Court Advocacy. The author of many books and articles, his Anatomy of Values (1970), Right and Wrong (1978), and Modern Liberty (2006) develop themes in moral and political philosophy with applications to law. Contract as Promise (1980), Making Tort Law (2003, with David Rosenberg) and Saying What the Law Is: The Constitution in the Supreme Court (2004) are fundamental inquiries into broad legal institutions. Order & Law: Arguing the Reagan Revolution (1991) discusses major themes developed in Fried’s time as Solicitor General. In recent years Fried has taught Constitutional Law and Contracts. During his time as a teacher he has also argued a number of major cases in state and federal courts, most notably Daubert v. Merrell Dow Pharmaceuticals, in which the Supreme Court established the standards for the use of expert and scientific evidence in federal courts.

More About Medical Experimentation: Personal Integrity and Social Policy: New Edition

“First published in 1974, Charles Fried’s Medical Experimentation is a classic statement of the moral relationship between doctor and patient, as expressed within the concept of personal care. This concept is then tested in the context of medical experimentation and, more specifically, the randomized controlled trial (RCT). Regularly referred to as a point of departure for ethical and legal discussions of the RCT, the book has long been out of print. This new, second edition includes a general introduction by Franklin Miller and the late Alan Wertheimer, a reprint of the 1974 text, and an in-depth analysis by Harvard Law School scholars I. Glenn Cohen and D. James Greiner which discusses the extension of RTCTs to social science and public policy contexts. The volume concludes with a new essay by Charles Fried that reflects on the original text and how it applies to the contemporary landscape of medicine and medical experimentation.” — Oxford University Press

Panelists

Glenn Cohen

 

 

I. Glenn Cohen, Professor of Law, Faculty Director, Petrie-Flom Center for Health Law Policy, Biotechnology & Bioethics, Harvard Law School

 

James Greiner

 

 

D. James Greiner, William Henry Bloomberg Professor of Law
Faculty Director, Access to Justice Lab

 

Barbara Bierer

 

 

Barbara Bierer, M.D., Faculty Co-Director, Multi-Regional Clinical Trials (MRCT) Center of Harvard and Brigham and Women’s Hospital, Director, Regulatory Foundations, Ethics and the Law Program, Harvard Catalyst, Harvard Medical School, Professor of Medicine, Harvard Medical School, and Senior Physician, Division of Global Health Equity, Department of Medicine, Brigham and Women’s Hospital