The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of the recent publication of Equity and Law: Fusion and Fission, edited by John C.P. Goldberg, Henry E. Smith & Peter G. Turner (Cambridge Univ. Press, Oct. 31, 2019).
Tuesday, November 5, 2019, at noon Harvard Law School Milstein East B/C (Directions) 1585 Massachusetts Ave., Cambridge, MA No RSVP required
John C.P. Goldberg is Deputy Dean and Carter Professor of General Jurisprudence, Harvard Law School.
Henry Smith is the Fessenden Professor of Law and Director, Project on the Foundations of Private Law, Harvard Law School.
About Equity and Law: Fusion and Fission
“The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. Common law and equity were historically the two principal sources of rules and remedies in the judge-made law of England, and this bifurcated system travelled to other countries whose legal systems were derived from the English legal system. The division of law and equity – their fission – was a pivotal legal development and is a feature of most common law systems. The fusion of the common law and equity has brought about major structural, institutional and juridical changes within the common law tradition. In this volume, leading scholars undertake historical, comparative, doctrinal and theoretical analysis that aims to shed light on the ways in which law and equity have fused, and the ways in which they have remained distinct even in a ‘post-fusion’ world.” — Cambridge Univ. Press
The early history of the case method in U.S. law schools was fraught with controversy. Created by Harvard Law School Dean Christopher Columbus Langdell, it took decades for the case method to take hold in law schools across the country.
This short video was adapted from Bruce Kimball’s article “The Proliferation of Case Method Teaching in American Law Schools: Mr. Langdell’s Emblematic ‘Abomination,’ 1890-1915”
History of Education Quarterly
Vol. 46, No. 2 (Summer, 2006), pp. 192-247
The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of the recent publication of When Should Law Forgive? by Martha Minow (W. W. Norton & Co., Sept. 24, 2019).
Thursday, October 31, 2019, at noon Harvard Law School Milstein East A/B (Directions) 1585 Massachusetts Ave., Cambridge, MA No RSVP required
Martha Minow is the Harvard 300th Anniversary University Professor.
Professor Minow will be joined in discussion with commentators:
Homi K. Bhabha, Anne F. Rothenberg Professor of the Humanities in the Department of English, the Director of the Mahindra Humanities Center and the Senior Advisor on the Humanities to the President and Provost at Harvard University.
Carol Steiker, Henry J. Friendly Professor of Law and Faculty Co-Director of the Criminal Justice Policy Program at Harvard Law School.
Dehlia Umunna, Clinical Professor of Law and Faculty Deputy Director of the Criminal Justice Institute at Harvard Law School.
About When Should Law Forgive?
“Crimes and violations of the law require punishment, and our legal system is set up to punish, but what if the system was recalibrated to also weigh grounds for forgiveness? What if something like bankruptcy—a fresh start for debtors—were available to people convicted of crimes? Martha Minow explores the complicated intersection of the law, justice, and forgiveness, asking whether the law should encourage people to forgive, and when courts, public officials, and specific laws should forgive.
Who has the right to forgive? Who should be forgiven? And under what terms? Minow tackles these foundational issues by exploring three questions:
What does the international response to child soldiers teach us about the legal treatment of juvenile offenders in the United States?
Why are the laws surrounding corporate debt more forgiving than those governing American student and consumer debt, and sovereign debt in the developing world?
When do law’s tools of forgiveness, amnesties, and pardons strengthen justice, peace, and democracy (think South Africa), and when do they undermine law’s promise of fairness (think Joe Arpaio)?
There are certainly grounds for both individuals and societies to withhold forgiveness, but there are also cases where letting go of legitimate grievances can make the law more just, not less. The law is democracy’s girder beam, and Minow urges us to build forgiveness into the administration of our laws. Forgiveness, wisely exercised, can strengthen law, democracy, and respect for the humanity of each person.” — W. W. Norton & Co.
About Martha Minow
Martha Minow has taught at Harvard Law School since 1981, where her courses include civil procedure, constitutional law, family law, international criminal justice, jurisprudence, law and education, nonprofit organizations, and the public law workshop. An expert in human rights and advocacy for members of racial and religious minorities and for women, children, and persons with disabilities, she also writes and teaches about privatization, military justice, and ethnic and religious conflict.
Minow served as Dean of Harvard Law School between 2009-2017, as the inaugural Morgan and Helen Chu Dean and Professor. Minow co-chaired the Law School’s curricular reform committee from 2003 to 2006, an effort that led to significant innovation in the first-year curriculum as well as new programs of study for second- and third-year J.D. students. As dean, she strengthened public interest and clinical programs, diversity among faculty, staff, and students, interdisciplinary studies, and financial stability for the School. During 2017-2018, she held the Carter Chair in General Jurisprudence. In 2018, she became the 300th University Anniversary Professor in Harvard University. She serves on the advsiory boards for the new College of Computing and for the Media Lab at the Massachusetts Institute of Technology.
After completing her undergraduate studies at the University of Michigan, Minow received a master’s degree in education from Harvard and her law degree from Yale. She clerked for Judge David Bazelon of the United States Court of Appeals for the D.C. Circuit and then for Justice Thurgood Marshall of the Supreme Court of the United States. She joined the Harvard Law faculty as an assistant professor in 1981, was promoted to professor in 1986, was named the William Henry Bloomberg Professor of Law in 2003, became the Jeremiah Smith Jr., Professor of Law in 2005, and after her service as dean, became the Carter Professor Of General Jurisprudence in 2017. She is also a lecturer in the Harvard Graduate School of Education and Distinguished Service Professor at Harvard University.
Wednesday, October 30, 2019, at noon Harvard Law School Milstein East B/C (Directions) 1585 Massachusetts Ave., Cambridge, MA No RSVP required
About In Hoffa’s Shadow: A Stepfather, a Disappearance in Detroit, and My Search for the Truth
“As a young man, Jack Goldsmith revered his stepfather, longtime Jimmy Hoffa associate Chuckie O’Brien. But as he grew older and pursued a career in law and government, he came to doubt and distance himself from the man long suspected by the FBI of perpetrating Hoffa’s disappearance on behalf of the mob. It was only years later, when Goldsmith was serving as assistant attorney general in the George W. Bush administration and questioning its misuse of surveillance and other powers, that he began to reconsider his stepfather, and to understand Hoffa’s true legacy. In Hoffa’s Shadow tells the moving story of how Goldsmith reunited with the stepfather he’d disowned and then set out to unravel one of the twentieth century’s most persistent mysteries and Chuckie’s role in it. Along the way, Goldsmith explores Hoffa’s rise and fall and why the golden age of blue-collar America came to an end, while also casting new light on the century-old surveillance state, the architects of Hoffa’s disappearance, and the heartrending complexities of love and loyalty.” — Farrar, Straus and Giroux
About Jack Goldsmith
Jack Goldsmith is Henry L. Shattuck Professor of Law at Harvard University. He is the author, most recently, of The Terror Presidency: Law and Judgment Inside The Bush Administration (W.W. Norton 2007), as well as of other books and articles on many topics related to terrorism, national security, international law, conflicts of law, and internet law. Before coming to Harvard, Goldsmith served as Assistant Attorney General, Office of Legal Counsel, from October 2003 through July 2004, and Special Counsel to the General Counsel to the Department of Defense from September 2002 through June 2003. Goldsmith taught at the University of Chicago Law School from 1997-2002, and at the University of Virginia Law School from 1994-1997. He holds a J.D. from Yale Law School, a B.A. and M.A. from Oxford University, and a B.A. from Washington & Lee University. He clerked for Supreme Court Justice Anthony M. Kennedy, Court of Appeals Judge J. Harvie Wilkinson, and Judge George Aldrich on the Iran-U.S. Claims Tribunal.
“This is an incredible story, plainly rebutting the clear understanding of many that Charles O’Brien drove Jimmy Hoffa to his death, and offering a profoundly beautiful recognition of the nature of paternal love. This book will make you weep, repeatedly, for the injustice, and for the love.” —Lawrence Lessig, Harvard Law School Professor and author of They Don’t Represent Us and Republic, Lost
“In Hoffa’s Shadow is a masterpiece and a page-turner—I couldn’t put it down. Brilliant, suspenseful, and deeply moving, it offers a personal view of one of the greatest unsolved crimes in American history. At the same time, it offers startling insights into organized crime, the labor movement, and the surprising origins of today’s surveillance state. Beautifully written and full of unexpected turns, this book is gripping and revelatory from start to finish.” —Amy Chua, Law School Professor and author of Battle Hymn of the Tiger Mother and Political Tribes: Group Instinct and the Fate of Nations
thrilling, unputdownable story that takes on big subjects—injustice,
love, loss, truth, power, murder—and addresses them in sentences of
beauty and clarity informed by deep thought and feeling. Goldsmith, one
of the finest minds of his generation, has told an insane tale with a
storyteller’s flair. This is one of the best works of autobiography that
I’ve read in a very, very long time.” —Bill Buford, former fiction editor of The New Yorker and author of Heat and Among the Thugs
The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of the recent publication of Taiwan and International Human Rights: A Story of Transformation, edited by Jerome A. Cohen, William P. Alford & Dr. Chang-fa Lo (Springer, June 8, 2019).
Tuesday, October 8, 2019, at noon Harvard Law School Milstein East A/B (Directions) 1585 Massachusetts Ave., Cambridge, MA No RSVP required
Jerome A. Cohen, Professor, NYU School of Law and Faculty Director, NYU U.S.-Asia Law Institute.
Dr. Chang-fa Lo, former Grand Justice of the Constitutional Court of the ROC (Taiwan) and former Dean, National Taiwan University Law School.
William P. Alford,
Vice Dean for the Graduate Program and International Legal Studies,
Jerome A. and Joan L. Cohen Professor of Law, Director, East Asian Legal
Studies Program, and Chair, Harvard Law School Project on Disability.
Steven Goldstein, Sophia Smith Professor of Government, Emeritus, Smith College and Fellow, Fairbank Center for Chinese Studies.
Dan Zhou, LL.M. ’16 and SJD candidate, Harvard Law School.
About Taiwan and International Human Rights: A Story of Transformation
“This book tells a story of Taiwan’s transformation from an authoritarian regime to a democratic system where human rights are protected as required by international human rights treaties. There were difficult times for human rights protection during the martial law era; however, there has also been remarkable transformation progress in human rights protection thereafter. The book reflects the transformation in Taiwan and elaborates whether or not it is facilitated or hampered by its Confucian tradition. There are a number of institutional arrangements, including the Constitutional Court, the Control Yuan, and the yet-to-be-created National Human Rights Commission, which could play or have already played certain key roles in human rights protections. Taiwan’s voluntarily acceptance of human rights treaties through its implementation legislation and through the Constitutional Court’s introduction of such treaties into its constitutional interpretation are also fully expounded in the book. Taiwan’s NGOs are very active and have played critical roles in enhancing human rights practices. In the areas of civil and political rights, difficult human rights issues concerning the death penalty remain unresolved. But regarding the rights and freedoms in the spheres of personal liberty, expression, privacy, and fair trial (including lay participation in criminal trials), there are in-depth discussions on the respective developments in Taiwan that readers will find interesting. In the areas of economic, social, and cultural rights, the focuses of the book are on the achievements as well as the problems in the realization of the rights to health, a clean environment, adequate housing, and food. The protections of vulnerable groups, including indigenous people, women, LGBT (lesbian, gay, bisexual, and transgender) individuals, the disabled, and foreigners in Taiwan, are also the areas where Taiwan has made recognizable achievements, but still encounters problems. The comprehensive coverage of this book should be able to give readers a well-rounded picture of Taiwan’s human rights performance. Readers will find appealing the story of the effort to achieve high standards of human rights protection in a jurisdiction barred from joining international human rights conventions.” — Springer
The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of the recent publication of Democracy and Dysfunction by Sanford Levinson and Jack M. Balkin (Univ. Chicago Press, Apr. 2019).
Thursday, October 3, 2019, at noon Harvard Law School Milstein East B (Directions) 1585 Massachusetts Ave., Cambridge, MA No RSVP required
The book talk discussion will include:
Sanford Levinson is Visiting Professor of Law at Harvard Law School and W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law, University of Texas Law School.
Jack M. Balkin is the Knight Professor of Constitutional Law and the First Amendment, Yale Law School.
Jennifer L. Hochschild is the H.L. Jayne Professor of Government, Professor of African and African American Studies, and Harvard College Professor, Harvard University.
“It is no longer controversial that the American political system has become deeply dysfunctional. Today, only slightly more than a quarter of Americans believe the country is heading in the right direction, while sixty-three percent believe we are on a downward slope. The top twenty words used to describe the past year include “chaotic,” “turbulent,” and “disastrous.” Donald Trump’s improbable rise to power and his 2016 Electoral College victory placed America’s political dysfunction in an especially troubling light, but given the extreme polarization of contemporary politics, the outlook would have been grim even if Hillary Clinton had won. The greatest upset in American presidential history is only a symptom of deeper problems of political culture and constitutional design.
Democracy and Dysfunction brings together two of the leading constitutional law scholars of our time, Sanford Levinson and Jack M. Balkin, in an urgently needed conversation that seeks to uncover the underlying causes of our current crisis and their meaning for American democracy. In a series of letters exchanged over a period of two years, Levinson and Balkin travel—along with the rest of the country—through the convulsions of the 2016 election and Trump’s first year in office. They disagree about the scope of the crisis and the remedy required. Levinson believes that our Constitution is fundamentally defective and argues for a new constitutional convention, while Balkin, who believes we are suffering from constitutional rot, argues that there are less radical solutions. As it becomes dangerously clear that Americans—and the world—will be living with the consequences of this pivotal period for many years to come, it is imperative that we understand how we got here—and how we might forestall the next demagogue who will seek to beguile the American public.” — University of Chicago Press Books
Many library collections contain rich stories of individuals across centuries who transgressed sexual and gender norms, as well as documentation of the people and systems against which they transgressed. These historical artifacts can help shape new narratives around queer history and identity, or enrich old ones. Coded language and oblique references may pose challenges to researchers, but there is a wealth of material to find on queer people throughout history.
Each case in the exhibit highlights a different approach to researching queer history: using known figures, embracing uncomfortable terms, being open to the unexpected, and using secondary sources. We explored a number of fascinating stories but our research barely scratched the surface. We encourage researchers to continue the exploration and hope this exhibit will give you some tools to get started.
Wednesday, September 25, 2019, at noon Harvard Law School Milstein East B/C (Directions) 1585 Massachusetts Ave., Cambridge, MA No RSVP required
About Fidelity & Constraint: How the Supreme Court Has Read the American Constitution
“The fundamental fact about our Constitution is that it is old — the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time.
In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of “interpretive fidelity,” framed within each new temporal context.
Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls “fidelity to role.” In each of the cycles of translation that he describes, the role of the judge — the ultimate translator — has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge’s perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice.
The first work of both constitutional and foundational theory by one of America’s leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.” — Oxford University Press
About Lawrence Lessig
Lawrence Lessig is the Roy L. Furman Professor of Law and Leadership at Harvard Law School.
Prior to rejoining the Harvard faculty, Lessig was a professor at Stanford Law School, where he founded the school’s Center for Internet and Society, and at the University of Chicago.
He clerked for Judge Richard Posner on the 7th Circuit Court of Appeals and Justice Antonin Scalia on the United States Supreme Court. Lessig serves on the Board of the AXA Research Fund, and on the advisory boards of Creative Commons and the Sunlight Foundation.
He is a Member of the American Academy of Arts and Sciences, and the American Philosophical Association, and has received numerous awards, including the Free Software Foundation’s Freedom Award, Fastcase 50 Award and being named one of Scientific American’s Top 50 Visionaries.
Lessig holds a BA in economics and a BS in management from the University of Pennsylvania, an MA in philosophy from Cambridge, and a JD from Yale.
The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of the recent publication of The Education of an Idealistby Ambassador Samantha Power (Dey Street Books, Sept. 2019).
Monday, September 23, 2019, at noon Harvard Law School Milstein East A/B (Directions) 1585 Massachusetts Ave., Cambridge, MA No RSVP required
Ambassador Power will
be joined by commentators:
William P. Alford, Vice Dean for the Graduate Program and International Legal Studies, Jerome A. and Joan L. Cohen Professor of Law, Director, East Asian Legal Studies Program, and Chair, Harvard Law School Project on Disability;
Graham Allison, Douglas Dillon Professor of Government, Harvard University; and
Ambassador Wendy R. Sherman, Professor of the Practice of Public Leadership and Director, Center for Public Leadership, Harvard Kennedy School.
memoir, Power offers an urgent response to the question “What can one
person do?”—and a call for a clearer eye, a kinder heart, and a more open
and civil hand in our politics and daily lives. The Education of an Idealist traces Power’s
distinctly American journey from immigrant to war correspondent to presidential
Cabinet official. In 2005, her critiques of US foreign policy caught the eye of
newly elected senator Barack Obama, who invited her to work with him on Capitol
Hill and then on his presidential campaign. After Obama was elected president,
Power went from being an activist outsider to a government insider, navigating
the halls of power while trying to put her ideals into practice. She served for
four years as Obama’s human rights adviser, and in 2013, he named her US
Ambassador to the United Nations, the youngest American to assume the role.
Prize–winning writer, Power transports us from her childhood in Dublin to the
streets of war-torn Bosnia to the White House Situation Room and the world of
high-stakes diplomacy. Humorous and deeply honest, The Education of anIdealist lays bare the searing battles and
defining moments of her life and shows how she juggled the demands of a 24/7
national security job with the challenge of raising two young children. Along
the way, she illuminates the intricacies of politics and geopolitics, reminding
us how the United States can lead in the world, and why we each have the
opportunity to advance the cause of human dignity. Power’s memoir is an unforgettable
account of the power of idealism—and of one person’s fierce determination to
make a difference.” – HarperCollins
About Ambassador Samantha Power
Samantha Power is the Anna Lindh Professor of the Practice of Global Leadership
and Public Policy at Harvard Kennedy School and William D. Zabel ’61 Professor
of Practice in Human Rights at Harvard Law School.
From 2013 to
2017 Power served as the 28th U.S. Permanent Representative to the United
Nations, as well as a member of President Obama’s cabinet. In this role, Power
became the public face of U.S. opposition to Russian aggression in Ukraine and
Syria, negotiated the toughest sanctions in a generation against North Korea,
lobbied to secure the release of political prisoners, helped build new
international law to cripple ISIL’s financial networks, and supported President
Obama’s pathbreaking actions to end the Ebola crisis. President Obama has
called her “one of our foremost thinkers on foreign policy,” saying that “she
showed us that the international community has a moral responsibility and a
profound interest in resolving conflicts and defending human dignity.”
From 2009 to
2013, Power served on the National Security Council as Special Assistant to the
President and Senior Director for Multilateral Affairs and Human Rights, where
she focused on issues including atrocity prevention; UN reform; LGBT and
women’s rights; the promotion
of religious freedom and the protection of religious minorities; and the
prevention of human trafficking.
by Forbes “a
powerful crusader for U.S foreign policy as well as human rights and
democracy,” Ambassador Power has been named one of TIME’s “100 Most Influential
People” and one of Foreign
Policy’s“Top 100 Global Thinkers.”
Power has been
recognized as a leading voice internationally for principled American
engagement in the world. Her book “A
Problem from Hell”: America and the Age of Genocide won the
Pulitzer Prize and the National Book Critics Circle Award in 2003. Power is
also author of the New
York Times bestseller Chasing
the Flame: Sergio Vieira de Mello and the Fight to Save the
World (2008) and was the co-editor, with Derek Chollet,
of The Unquiet American:
Richard Holbrooke in the World (2011).
her career as a journalist, reporting from places such as Bosnia, East Timor,
Kosovo, Rwanda, Sudan, and Zimbabwe. Before joining the U.S. government, Power
was the founding executive director of the Carr Center for Human Rights Policy
at the Kennedy School, a columnist for TIME,
and a National Magazine Award-winning contributor to the Atlantic, the New Yorker, and the New York Review of Books.
a B.A. from Yale University and a J.D. from Harvard Law School.
Monday, September 16, 2019, at noon Harvard Law School Milstein West A (Directions) 1585 Massachusetts Ave., Cambridge, MA No RSVP required
The book talk discussion will include:
I. Glenn Cohen, James A. Attwood and Leslie Williams Professor of Law and Faculty Director, Petrie-Flom Center for Health Law, Biotechnology & Bioethics, Harvard Law School.
Holly Fernandez Lynch, John Russell Dickson, MD Presidential Assistant Professor of Medical Ethics and Health Policy, Assistant Faculty Director of Online Education, and Senior Fellow, Leonard Davis Institute of Health Economics, University of Pennsylvania Perelman School of Medicine.
Ameet Sarpatwari, Assistant Professor, Harvard Medical School; Associate Epidemiologist, Brigham & Women’s Hospital; and Assistant Director, Program On Regulation, Therapeutics, And Law (PORTAL), Division of Pharmacoepidemiology and Pharmacoeconomics, Brigham & Women’s Hospital.
Elena Fagotto, co-investigator, Project on Transparency and Technology for Better Health and former Director of Research, Transparency Policy Project, Ash Center for Democratic Governance and Innovation, Harvard Kennedy School of Government.
About Transparency in Health and Health Care in the United States: Law and Ethics
“Transparency is a concept that is becoming increasingly lauded as a solution to a host of problems in the American health care system. Transparency initiatives show great promise, including empowering patients and other stakeholders to make more efficient decisions, improve resource allocation, and better regulate the health care industry. Nevertheless, transparency is not a cure-all for the problems facing the modern health care system. The authors of this volume present a nuanced view of transparency, exploring ways in which transparency has succeeded and ways in which transparency initiatives have room for improvement. Working at the intersection of law, medicine, ethics, and business, the book goes beyond the buzzwords to the heart of transparency’s transformative potential, while interrogating its obstacles and downsides. It should be read by anyone looking for a better understanding of transparency in the health care context.” — Cambridge University Press