Announcements • Et. Seq: The Harvard Law School Library Blog

Coming to Historical & Special Collections on June 1: HOLLIS Special Request

On June 1, 2018, Harvard Law School Library’s Historical & Special Collections (HSC) will begin using HOLLIS Special Request!

HOLLIS Special Request allows you to request material to view in our reading room and to request reproductions of HSC’s materials. HOLLIS Special Request replaces paper registration and request forms, and will make it easier for you to keep track of appointment and reproduction requests. Appointments in HSC’s reading room, the Root Room, are available Tuesday-Friday between 10:00 and 5:00.

Use HOLLIS Special Request to:

  • Submit requests to use HSC material in our reading room via links in the Harvard Library catalog, HOLLIS
  • Submit orders for reproductions including digital scans of Harvard special collections materials
  • Track the status of your requests in a single location
  • Access detailed information about past requests

Many Harvard special collections and archives already use HOLLIS Special Request. Once you have created an account you can use it to request material from all participating Harvard libraries and keep track of your requests in a single location.

To get started, create your HOLLIS Special Request account now!

Here’s a quick tutorial to help you get started, and some FAQs about using HOLLIS Special Request and HSC’s collections. We are excited about HOLLIS Special Request and look forward to going live on June 1!

We’re hiring: Project Archivist, Justice Antonin Scalia Papers

Antonin Scalia, HLS Yearbook Photo, 1960The Harvard Law School Library seeks an experienced, collaborative, and service-oriented processing archivist for a one-year term beginning July 1, 2018. Reporting to the Curator of Modern Manuscripts within the Historical & Special Collections unit (HSC), the successful candidate will survey United States Supreme Court Justice Antonin Scalia’s collection of scholarly and professional work, develop a multi-year processing plan, and begin describing the collection in an Encoded Archival Description (EAD) finding aid.

More details–including duties, responsibilities, and qualifications and how to apply–available at our job posting.

Learn more about the donation of the Justice’s papers to the Library in our earlier post, Justice Scalia’s papers donated to HLS Library–what’s next?

About Historical & Special Collections: HSC is a small and energetic team within Harvard Law School Library engaged with all aspects of special collections work. Harvard Law School Library’s collection of historic legal materials is one of the largest in the world, and includes rare books, early manuscripts, visual materials, and modern manuscripts. As members of the Harvard Law School Library, team members contribute to the Law School’s mission by collecting and sharing our materials with the HLS community and with researchers worldwide. As active members of the large and thriving Harvard Library community, HSC staff collaborate with colleagues to share information, solve problems, and learn.

Photo credit: Justice Antonin Scalia’s HLS Year Book portrait, 1960. Justice Scalia graduated from the Harvard Law School in 1960. He worked at a large law firm, taught law at the University of Virginia, the University of Chicago, and Stanford; and held several administrative posts in the federal government. He served as a judge on the United States Court of Appeals, District of Columbia Circuit, before being appointed to the Supreme Court in 1986. The collection includes material relating to all of these activities.

Scanning Nuremberg: “Your child belongs to us already.”

Post by Matt Seccombe, May 7, 2018

During April I analyzed the documents in seven IMT prosecution document books, covering 245 documents and 770 pages of material. The subjects covered diverse elements of the “Common plan or conspiracy” charge (count 1), including totalitarian control, education and youth, propaganda, purges and terrorization, labor, and suppression of Christian churches. The material reflects the prosecution’s central argument, that the war crimes and crimes against humanity (counts 3 and 4) were derivative of the primary crime—the war of aggression (count 2)—and that the entire Nazi regime was a common plan to take control of Germany and mobilize it for that war.

Tactics: While the main story of the rise to power is familiar, partly due to the trial’s function in presenting the record to the world, some of the details are surprising. Beyond thuggery in the streets, some of the early measures were more subtle. One affidavit described a tactic used by Goebbels in Berlin: “Once, in order to disrupt the premiere of the film ‘All Quiet on the Western Front,’ he had white mice smuggled into the theater and then set them free; this caused an indescribable panic among the female moviegoers.”

Militarization: The evidence confirms the theme that the regime was dedicated to war from the outset and that it worked systematically to militarize every element of German society. The take-over of the trade unions in May 1933 was not simply a matter of controlling the organizations. It extended to the reorientation of work, as reflected in the rhetoric: Nazi activists in workplaces were the “Factory Troops,” and workers became “Soldiers of Labor.”

The message was pervasive in the Hitler Youth organizations: “He who wants to live should also fight!” “Fight is the highest aim of youth.” “For Hitler we live, For Hitler we die.” (By the way, Hitler Youth organizations operated in many countries outside Germany, including the United States.)

The indoctrination extended to young children, including one very young boy who was visited by a monitor at home. She told him, “You must grow up and be a big boy so you can fight for the Fuehrer.” He replied, “I don’t like to fight.” The lesson was repeated.

Hitler himself made the point most emphatically. In a speech in November 1933 he addressed those who had opposed him and would never support him. That no longer mattered, he told them: “Your child belongs to us already”

The HLS Library holds approximately one million pages of documents relating to the trial of military and political leaders of Nazi Germany before the International Military Tribunal (IMT) and to the twelve trials of other accused war criminals before the United States Nuremberg Military Tribunals (NMT). We have posted five trials so far (NMT 1 through NMT 4 and NMT 7) and have completed digitization of all the documents and transcripts. 

We are now engaged in the process of analyzing, describing and making machine readable the remaining trials’ materials in preparation for posting them to the Web. We hope to complete this work as soon as possible based upon available funding.  For more information about this project, please contact Jocelyn Kennedy.

Summer Renovations Coming to a Library Near You!

We are improving our spaces to improve our services!

Beginning May 2018, the HLS Library will undergo renovation to bring our Research Services, Teaching, Learning, & Curriculum Solutions, and administrative staff closer to you, our users! Our renovations will occur over two summers, and our renovated spaces will include updated technology in our study rooms; open collaborative spaces; new private talking spaces; and easy access to library experts on the 2nd and 3rd floors of Langdell Hall.

During the Summer of 2018, we will renovate Langdell 3 South and Langdell 2 South. Our second renovation aka Phase 2 will take place during summer 2019 (more about this below).

Here’s our tentative schedule for phase 1:

Friday, May 18: Langdell 3 South will be walled off for the start of the renovation

Friday, May 25: The Lemann Lounge will be walled off for construction immediately after Commencement.

Construction will take place throughout the summer.

October 2018: Research Services and Teaching, Learning, & Curriculum Solutions will move from the fourth and fifth floors of Areeda Hall to the renovated area in Langdell 3 South. The renovated space will include an open, collaborative area and three group study rooms with improved technology.

Library Administration will move from the fifth floor of Areeda Hall to the south side of Langdell 2.

What about the art?

Don’t worry–paintings and sculptures in affected areas will be stored or relocated in the Library to prevent any damage during renovation.

What about noise?

We will do everything we can to minimize the sound and disruption during renovation. However, there is always some disruption and noise. All heavy construction will finish by 10am each day. We’ll have plenty of earplugs available and noise-canceling headphones available for check out at the Circulation Desk on a first-come, first-served basis.

What if it’s still noisy or I have a question or suggestion? 

Please email hlslweb@law.harvard.edu.

What about the Reading Room?

We love the Reading Room just the way it is! No changes are planned.

How do I find a book?

Check our guide to finding items at the HLS Library, which is being updated regularly. If you still can’t find something, just ask.

What about Phase 2?

We will start planning for Phase 2 in late summer. We value your input! Please watch your email, library and student org space bulletin boards, and our lightning lesson table for opportunities to participate in the planning. We’ve done some preliminary research with student groups and can tell you that the area will remain student-focused for study and collaboration. Have thoughts now? Email hlslweb@law.harvard.edu.

How can I stay up to date on what’s happening?

Watch this blog space and our social media for periodic progress reports.

Are you really excited about the renovations?

Yes, we’re super excited about getting more collaborative and modular space that will bring us closer to our community. We can’t wait to welcome you to our new and improved Research Services, TLC, and Library Administration areas in October!

Send your family and friends on a Class Day library tour

Update May 21: Due to popular demand, we’ve added more times and slots below!

You spent hundreds of hours studying here. Now send your family and friends to see the place!

The HLS Library is offering library tours for family and friends of our newest HLS graduates on Class Day, Wednesday, May 23. Tours last about 20 minutes and will cover:

  • Library art and treasures
  • HLS history
  • Library buildings and quotes
  • Our world-famous beanbag alley

Registration is requested but not required so we can have enough tour guides available. Meet at the Circulation Desk just inside the main entrance.

Register guests for 11:30am

Register guests for 12:00pm

Register guests for 12:15pm

Register guests for 12:30pm

Register guests for 12:45pm

Register guests for 1:00pm

Summer 2018 and new alumni access to legal research databases

Summer is coming–really! And with it, questions about access to our databases. Read on for answers for both continuing students and those of you who will soon be alumni!

BLOOMBERG LAW
For summer: if your workplace has a Bloomberg Law account, you are expected to use that, but there are no restrictions on your HLS Bloomberg accounts over the summer. Need an account? Just sign up with your HLS email address.

For new alumni: graduating students will have access to Bloomberg Law for a six month post-graduation grace period, ending November 30, 2018.

For questions and assistance with Bloomberg Law, please contact our rep, Rebecca Schwartz.

LEXIS
For summer
: Harvard Law students have free, unlimited summer access, regardless of their summer position, to Lexis Advance for the summer of 2018. Students can use their Harvard Law student account regardless of whether they are getting paid to work this summer. Please note that some employers may ask that students not conduct work related legal research on their school ID. So long as a student has a current, active Lexis Advance account, they do not need to sign-up for anything to take advantage of summer access.

For new alumni: graduating students will have free, unlimited access to Lexis Advance through their HLS accounts until June 2018. In July 2018, Lexis Advance student IDs will automatically transition to Graduate IDs. Graduate IDs are not affiliated with the law school and expire on December 31, 2018. Graduate IDs offer recent graduates the opportunity to continue to do free, unlimited research on Lexis Advance while studying for the bar and becoming more confident with their legal research skills.

For questions and assistance with Lexis, please contact our rep, Reeves Gillis.

WESTLAW
For summer: You can use Thomson Reuters products, including Westlaw and Practical Law, over the summer for non-commercial research. You can turn to these resources to gain understanding and build confidence in your research skills, but you cannot use them in situations where you are billing a client. Examples of permissible uses for your academic password include the following:

  • Summer coursework
  • Research assistant assignments
  • Law Review or Journal research
  • Moot Court research
  • Non-Profit work
  • Clinical work
  • Externship sponsored by the school
  • Pro bono work required or encouraged by the school

You do not have to do anything to gain access to these tools over the summer.

For new alumni: you have access to Thomson Reuters products, including Westlaw and Practical Law, for six months after graduation. Your “Grad Elite” access gives you 60-hours of usage on these products per month to gain understanding and build confidence in your research skills. While you cannot use it in situations where you are billing a client, Thomson Reuters encourages you to use these tools to build your knowledge of the law and prepare for your bar exam.

For questions and assistance with Westlaw, please contact our Thomson Reuters Academic Account Manager, Mark Frongillo.

OTHER DATABASES
Continuing students have full access over the summer to most other library resources at Harvard simply using your HUIDs and PINs. So if you need JSTOR, HeinOnline, Academic Search Premier or most other databases, you’re all set!

New alumni continue to have access to some databases, including HeinOnline’s Law Journal Library and the CQ Press Library, a great source for information and data on government and politics. Click through to our guide to Library Services for HLS Alumni for information about how to claim your Harvard Key and get access, plus learn about other resources for alumni and how to stay connected from afar.

QUESTIONS?
If you have questions about summer access, alumni access, or any research-related questions over the summer and beyond, you can always contact the library. Our full contact details are available at Ask a Librarian.

New website for Library Bicentennial Exhibit – Collections | Connections

The Harvard Law School Library is pleased to announce the launch of the companion website for its Bicentennial exhibit:

Exhibit logo

 

 

 

 

The website is arranged around the six themes of the exhibit: Keepers of MemoryPreserving Legal Heritage, Global Citizens, Promoting Justice, Supreme Court Clerks and Their Justices, and Library as Lab. It features items from the physical exhibit, as well as additional content from the Library’s collection of more than 2 million items.

Learn how the Library preserves the continuing story of the Harvard Law School community: faculty, students, alumni, and staff who are moved to question, prepared to reason, and called to act.

http://bit.ly/hls200exhibit

Book Talk: Cass Sunstein, Legal Reasoning and Political Conflict, Second Edition, Monday, April 9, at noon.

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of the recent publication of Legal Reasoning and Political Conflict, Second Edition by Cass R. Sunstein (Oxford Univ. Press, Mar. 16, 2018).  Professor Sunstein is the Robert Walmsley University Professor, Harvard University.  This talk is co-sponsored with the Harvard Law Students for the Rule of Law.

Copies of Legal Reasoning and Political Conflict, Second Edition will be available for sale courtesy of the Harvard Law School COOP and Professor Sunstein will be available for signing books at the end of the talk.

Sunstein_Legal Reasoning

Monday, April 9, 2018, with lunch
Harvard Law School WCC 2036 Milstein East B (Directions)
1585 Massachusetts Ave., Cambridge, MA

About Legal Reasoning and Political Conflict, Second Edition

“In Legal Reasoning and Political Conflict, Cass R. Sunstein, one of America’s best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Professor Sunstein closely analyzes the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. He states that judges purposely limit the scope of their decisions to avoid reopening large-scale controversies, calling such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning, he takes issue with advocates of comprehensive theories and systemization, from Robert Bork to Jeremy Bentham, and Ronald Dworkin. Equally important, Sunstein goes on to argue that it is the living practice of the nation’s citizens that truly makes law.

Legal reasoning can seem impenetrable, mysterious, baroque. Legal Reasoning and Political Conflict helps dissolve the mystery. Whether discussing abortion, homosexuality, or free speech, the meaning of the Constitution, or the spell cast by the Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: to the legislatures elected by the people.

In this Second Edition, the author updates the previous edition bringing the book into the current mainstream of twenty-first century legal reasoning and judicial decision-making focusing on the many relevant contemporary issues and developments that occurred since its initial 1996 publication.” — Oxford University Press

About Cass R. Sunstein

Cass R. Sunstein is currently the Robert Walmsley University Professor at Harvard. From 2009 to 2012, he was Administrator of the White House Office of Information and Regulatory Affairs. He is the founder and director of the Program on Behavioral Economics and Public Policy at Harvard Law School.  Professor Sunstein has testified before congressional committees on many subjects, and he has been involved in constitution-making and law reform activities in a number of nations.

Mr. Sunstein is author of many articles and books, including Republic.com (2001), Risk and Reason (2002), Why Societies Need Dissent (2003), The Second Bill of Rights (2004), Laws of Fear: Beyond the Precautionary Principle (2005), Worst-Case Scenarios (2001), Nudge: Improving Decisions about Health, Wealth, and Happiness (with Richard H. Thaler, 2008), Simpler: The Future of Government (2013), Why Nudge? (2014), Conspiracy Theories and Other Dangerous Ideas (2014), Valuing Life: Humanizing the Regulatory State (2014), Constitutional Personae: Heroes, Soldiers, Minimalists, and Mutes (2015), Choosing Not to Choose: Understanding the Value of Choice (2015), Wiser: Getting Beyond Groupthink to Make Groups Smarter (2015), The World According to Star Wars (2016), #Republic: Divided Democracy in the Age of Social Media (2017), and Impeachment: A Citizen’s Guide (2017). He is now working on group decisionmaking and various projects on the idea of liberty.

More About Legal Reasoning and Political Conflict, Second Edition

“The best of American legal theory has attempted to explain and justify an approach focusing on the features of individual cases and avoiding reliance on rigid rules. Sunstein’s book not only offers the most comprehensive attempt to defend particularistic decision-making in all of its manifestations, but also gives the most powerful defense. Defenders of rules, categories, and abstraction will have a formidable task in trying to penetrate the armor of Sunstein’s normative defense of particularistic decision-making.” — Frederick Schauer, David and Mary Harrison Distinguished Professor of Law, University of Virginia School of Law

“Cass Sunstein’s book makes a significant addition to our understanding of how the law works and of the nature of law itself. He explains in lucid prose, with many concrete examples, the components of good (and bad) legal reasoning and how they contribute to the outcome of legal controversies. Sunstein’s ideas, which combine keen insight, common sense, and a vast knowledge of legal materials, are sure to prompt discussion….The book will be of great value to scholars as well as to those who are beginning the study of law.” — Lloyd L. Weinreb, Dane Professor of Law, Emeritus, Harvard University Law School

“[Sunstein’s] carefully nuanced description of the kind of reasoning employed in law, a process often mysterious to outsiders, is the best I’ve seen, and captures the way judges actually make decisions in most cases….Professor Sunstein has provided an articulate and comprehensible entry into the intellectual world of lawyers and judges…. Anyone who wishes to learn what ‘thinking like a lawyer’ is all about should read this book.” — The New York Times Book Review

Book Talk: Is International Law International?, Tuesday, April 3, at noon.

The Harvard Law School Library staff invite you to attend a book talk and discussion for Is International Law International?  by Anthea Roberts, (Oxford Univ. Press, Oct. 16, 2017) and Winner of the ASIL 2018 Certificate of Merit for a preeminent contribution to creative scholarship.  Anthea Roberts is Associate Professor in the School of Regulation and Global Governance (RegNet) at the Australian National University. The panel discussion will include: Anthea Roberts, Naz K. Modirzadeh, founding Director of the Harvard Law School Program on International Law and Armed Conflict (PILAC) and Harvard Law School Professor of Practice; and Mark Wu, Assistant Professor of Law, Harvard Law School. This talk is co-sponsored with the Harvard International Law Journal.

Is International Law International?

Tuesday, April 3, 2018
Harvard Law School WCC 2036 Milstein East B (Directions)
1585 Massachusetts Ave., Cambridge, MA

About Is International Law International?

“This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law’s claim to universality.

Pulling back the curtain on the “divisible college of international lawyers,” Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea.

Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the “international.” This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular.

However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others — an essential skill in this fast changing world of shifting power dynamics and rising nationalism.” — Oxford University Press

About Anthea Roberts

Anthea Roberts is Associate Professor in the School of Regulation and Global Governance (RegNet) at the Australian National University. She specializes in public international law, investment treaty law and arbitration, and comparative international law. Anthea previously taught at the London School of Economics as well as Columbia and Harvard Law Schools. She is on the Editorial Boards of the American Journal of International Law, ICSID Review, and the Journal of World Investment and Trade, and blogs for EJIL: Talk! She has twice won the Francis Deák Prize for the best AJIL article by a younger scholar. Anthea serves as a Reporter for the Restatement (Fourth) of the Foreign Relations Law of the United States, and has experience serving as an arbitrator, counsel, and expert in international disputes.

Panelists

Naz Modirzadeh

 

 

 

Naz K. Modirzadeh, founding Director of the Harvard Law School Program on International Law and Armed Conflict (PILAC) and Harvard Law School Professor of Practice

Mark Wu

 

 

 

Mark Wu, Assistant Professor of Law, Harvard Law School

 

More About Is International Law International?

“Roberts turns a beguilingly simple question into a globe-trotting, multi-method quest for a map of international law’s players and meanings. Simultaneously irreverent and serious-minded, Roberts develops an original research agenda that takes her and the reader through the migratory flows of international lawyers around the world, the divergent methods through which they are educated, and the different professional tracks through which they are socialized. The book does not just dissolve international law’s myths of universality; it is a nascent sociology of the field of international law and the beginning of a new field of comparative international law. In an era in which Western dominance over international law no longer looks certain, this book provides the tools for a more nuanced understanding of international law’s politics, revealing the deeper meanings and stakes of current debates.” – ASIL 2018 Book Awards Committee

“According to a common stereotype, international lawyers are cosmopolitans. In this truly remarkable inquiry, Anthea Roberts shows that their cosmopolitanism remains hostage to a world of nation-states. For Americans in particular, it is disturbing to learn how international law in their country remains parochial. International lawyers across the spectrum in the United States emerge from a particular intellectual sociology, from their professionalization in their practice, even when they speak in a universalist voice – in the languages they (do not) learn, to the textbooks they use, and from the foreign affairs and national security law from which they approach the field, to the concrete positions on matters such as humanitarian intervention they take. Roberts has written a masterpiece.” – Samuel Moyn, Professor of Law, Yale Law School

“This book is a must-read for every international lawyer and negotiator. It thoroughly deconstructs the notion that there is a uniform college of international lawyers who all think alike. It helps us to reflect on our own background and the frame within which we think, and to also recognize and understand the ‘others.’ This is of utmost importance at a time when international legal cooperation is threatened.” – Anne van Aaken, Professor for Law and Economics, Legal Theory, Public International Law, and European Law, University of St. Gallen, Switzerland

“Asking the disarming question of whether ‘international law is international,’ Anthea Roberts takes readers on an ingenious tour of the global flow of people and ideas in international law, the role of nationalism and transnational hierarchies in creating unequal and ‘divisible colleges,’ and the implications for foreign policy and for the future of international law. The book is built on painstaking research into the educational background of international law scholars, where they publish and in what languages, how international law casebooks and treatises differ both within the ‘west’ and from the materials in China and Russia. It is a stellar contribution to international law, the study of globalization and legal education, comparative law, international relations, and the sociology of legal knowledge.” – Bryant Garth, Chancellor’s Professor of Law and Co-Director, Center for Empirical Research on the Legal Profession, University of California, Irvine School of Law, United States

“Roberts has raised a fundamental issue that both international lawyers and decision-makers cannot afford to ignore in this era of shifting power. This issue is whether international law is ‘international,’ as people might have taken for granted for decades or centuries, and how the ‘international’ is likely to evolve with the rise of new great powers, like China. Her perspective is absolutely unique… What Roberts exhibits, through this book, is not only the strength of her academic insight but her ability to recognize and understand the perspectives of others.” – Cai Congyan, Professor of international law of Xiamen University School of Law

“The results of Anthea Roberts’s investigation sound an alarm for all stakeholders in the field of International Law: the author calls on all of us to recognize the necessity of tearing down the mask of ‘internationality’ from the discipline in its current state and paves the way for changes towards a truly international International Law. Thoughtful and inspiring.” – Vera Rusinova, Professor of the Chair for Public and Private International Law, National Research University, The Higher School of Economics, Russia

“Roberts’s groundbreaking study brings important and new insights into the sociology of the production of international law. It charts the regional and cultural islands that dot this supposedly cosmopolitan sea and provides a deep critique of the field’s universalist aspirations/pretensions. It is essential reading for anyone interested in the international law project, whether working from the inside or as an external observer.”- Paul Stephan, John C. Jeffries, Jr., Distinguished Professor of Law, University of Virginia School of Law, United States

“For a French international lawyer who by necessity has to work in (at least) two languages and navigate different cultural universes, there is no doubt that international law is indeed international, as a crucible of diverse legal cultures. Yet, as Anthea Roberts’s (both intrepid and convincing) book demonstrates, in fact international law needs to be more international and less imperialist in the ways it is formed, practiced and conceptualized. From that perspective, Roberts’s invigorating analysis of national approaches to international law provides a salutary reappraisal of the law of nations that will no doubt frame the field in the future.” – Mathias Forteau, Professor of Public Law, University of Paris Ouest, Nanterre La Défense, France

“International law is full of myths. One of these is the global, universal character of the discipline that distances it from narrow national interests and mindsets. Anthea Roberts’s book investigates this myth in depth and shows how, contrary to the self-depiction of much of the discipline, international legal scholarship differs heavily across countries, is shaped by national traditions and institutional structures, and often follows patterns of dominance in the international system. This is a major achievement that should lead us to ask major questions about international law in a different light. Perhaps the most pressing of these – is international law distinct from international politics, and how? – will now have to be tackled in a far more nuanced way. Thinking about international law will never be quite the same again.” – Nico Krisch, Professor of International Law, the Graduate Institute Geneva, Switzerland

“Anthea Roberts’s book has the potential of re-defining how we think about international law and its realities, both beyond and within the West. It shows us the field of international law in a new light and will open new directions for international legal research in the coming decades.” – Lauri Mälksoo, Professor of International Law at the University of Tartu, Estonia and the author of Russian Approaches to International Law (OUP 2015)

“Anthea Roberts’s book can be compared to a high-quality aerial picture of national and regional international law academias that live on the same planet as neighbours, but barely acknowledge each other’s existence and language. A product of excellent research and very thoughtful observation, the book speaks of differences, yet one of its aftertastes is a sudden sense of how similar all the nationalized approaches are in their parochiality. Roberts destroys the myth of universality only to open a way to genuine understanding of similarities in each other.” – Maria Issaeva, Managing Partner, Threefold Legal Advisors, Russia

“I enjoyed reading this book tremendously and have kept coming back to the staggering view of the international law world it offers over again. I am very serious when I say that nothing in the field will be quite the same after this book has been published. It is such an eye-opener.” – Martti Koskenniemi, Professor of International Law (University of Helsinki), and Director, Erik Castrén Institute of International law and Human Rights

“Instantly, it is a classic that anyone who wants to reflect on the field must read… The central virtue of Professor Roberts’s study is that it is brilliantly and rigorously empirical, based on an extraordinary survey of how training, scholarship, and service in international law actually take place across the world… Both hard-bitten realists about the endurance of international struggle and idealists who hope for a more unified humanity must now start with Professor Roberts’s book.” – Sam Moyn, Lawfare

“Roberts’s new book, marshals an extensive body of original research to suggest that there are significant cross-national variations in the ideological and doctrinal content of international legal education… The [book’s] implications are far-reaching, and I truly view the book as required reading for anyone interested in international law.” – Ryan Scoville, Lawfare

“This provocative and yet very simple question unleashes a distruptive conceptual earthquake: what if that right that we consider universal par excellance was not international at all?… Although the answers to these provocations might seem obvious, their implications are far from being predictable – if only we take them seriously into account as Anthea Roberts does.” – Francesca Iurlaro, Guerra e Diritto Internazionale

Book Talk: Nazi-Looted Art and the Law: The American Cases, Wednesday, March 28, at noon.

The Harvard Law School Library staff invite you to attend a book talk for Nazi-Looted Art and the Law: The American Cases by Bruce L. Hay (Springer, Jan. 25, 2018). Bruce L. Hay is Professor of Law at Harvard Law School.

Wednesday, March 28, 2018
Harvard Law School WCC 2036 Milstein East B (directions)
1585 Massachusetts Ave., Cambridge, MA

Nazi-Looted Art and the Law

About Nazi-Looted Art and the Law: The American Cases

“This book offers a clear, accessible account of the American litigation over the restitution of works of art taken from Jewish families during the Holocaust. For the past two decades, the courts of the United States have been an arena of conflict over this issue that has recently captured widespread public attention. In a series of cases, survivors and heirs have come forward to claim artworks in public and private collections around the world, asserting that they were seized by the Nazis or were sold under duress by owners desperate to escape occupied countries. Spanning two continents and three-quarters of a century, the cases confront the courts with complex problems of domestic and international law, clashes among the laws of different jurisdictions, factual uncertainties about the movements of art during and after the war, and the persistent question whether restitution claims have been extinguished by the passage of time.Through individual case studies, the book examines the legal questions these conflicts have raised and the answers the courts have given. From the internationally celebrated “Woman in Gold” lawsuit against Austria to lesser-known claims against Germany, Hungary, Spain, and museums and private collections in the United States, the book synthesizes the legal and evidentiary materials and judicial rulings in each case, creating a coherent narrative of proceedings that are often labyrinthine in complexity. Written by a leading authority on litigation and procedure, the book will be of interest to readers in various fields of the humanities and social sciences as well as law, and to anyone interested in the fate of artworks that have been called the “last prisoners” of the Second World War.” — Springer

About Bruce Hay

Professor Hay’s primary field is legal procedure, including civil litigation, conflicts of law, and dispute resolution. His latest book, Nazi-Looted Art and the Law (2017), examines the intricacies of the American courts’ adjudication of Holocaust-era restitution claims, which raise myriad problems of domestic, international and foreign law as well as difficult evidentiary questions. He is also interested in the economic analysis of law, including the economics of litigation, liability, and insurance. Before joining the Harvard faculty he clerked at the United States Supreme Court, and practiced law with Sidley Austin LLP in Washington, DC, specializing in appellate cases. He studied at the University of Wisconsin-Madison, l’Université d’Aix-en-Provence, and Harvard Law School.

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