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852 RARE: Justice Frankfurter talks criminal justice, legal education, and the citizen lawyer in a recently-digitized video

 

Recorded audio and moving images have been part of our cultural history for over a century now, and over the years Harvard Law School’s Historical & Special Collections has amassed thousands of audiovisual artifacts related to legal history and curriculum in the United States and beyond. These types of media degrade relatively quickly, and can become obsolete when their players are no longer being produced. Even the DVD-R, a format developed barely 15 years ago – “new” if considered within the context of the long arc of preservable culture – is only expected to have a lifespan of 5 to 20 years before its contents are no longer readable. For comparison, HSC’s oldest item is a komonjo dated 1158 that (with proper housing, temperature, humidity control, security, and standard conservation intervention) is still thriving today, in a format that isn’t obsolete (rice paper).

In the interest of both mitigating these risks to ongoing preservation and providing access to more dynamic digital material for researchers, HSC is currently undergoing a long-term project to reformat our audiovisual collection. Many gems have been found already, but one in particular has stood out for this author: A Lawyer’s Place in Our Society, wherein Justice Felix Frankfurter (1882-1965) is interviewed by Prof. Paul A. Freund (1908-1992), recorded on 16mm film in the early 1960s and transferred later to u-matic tape, the copy from which the digital transfer was made. Paul Freund taught at Harvard Law School, focusing on constitutional law and conflict of laws, from 1939 until his retirement from teaching in 1976. Justice Frankfurter graduated from HLS in 1906, taught here from 1914-1939, and served as an associate justice of the Supreme Court from 1939-1962.

The two were close friends, and it’s evidenced by their comfortable and well-articulated conversation. Justice Frankfurter’s thoughts often circle back to some common themes. He believes very much that the lawyer should also be a civic leader, attributing this requirement to the changing nature of the law: as law and government historically expands into affecting everyday lives, the lawyer increasingly needs to be an active citizen. Both Freund and Frankfurter share the opinion that great lawyers shall be exceptionally well-read (because “even with the greatest breadth of personal experience, it’s infinitesimal compared with the accumulated experience of mankind, and the accumulated experience of mankind is predominantly contained in the covers of books,” [25:00]) and involved in many activities outside of the field of law.

In addition to unsurprising homages to Louis D. Brandeis (1856-1941) and Oliver Wendell Holmes (1841-1935), Frankfurter goes on at length about the influence that his early mentor, Henry L. Stimson, had on him. Through his work with the then-U.S. Attorney for the Southern District of New York, he learned, “first and foremost, a sense of the deep responsibilities of all those who are concerned with the administration of the criminal law – the awfulness of the instruments by which men may lose their liberties and sometimes lose their lives as the result of a process of law” (28:00). Stimson would have preferred for search warrants to only be issued by a judicial officer, but absent that reality, he had his assistants accompany officers enforcing large search and seizure operations to ensure that they adhered strictly to the warrant and seized only the property that was explicitly described.

It’s quite extraordinary to see Frankfurter on film, born in the 19th century and speaking to us now. Though the interview was conducted near the end of his career and after the deaths of Holmes, Brandeis, and Stimson, it is stirring to imagine that his remarks are not speculation or even historic research based in their archives, but come from actual experiences with those towering legal figures that mentored him and significantly impacted American law. Check out the full video for yourself above, and stay tuned to Et Seq for more historic AV gems.

Library closed beginning Thursday at 5pm

Langdell Hall and Harkness Commons in winter

Langdell Hall and Harkness Commons, 1953. olvwork430844

If you need to check something out, bring home a book from your carrel, or otherwise access the HLS Library before winter break begins, please make sure to do so before tomorrow–Thursday, December 22–at 5pm. The Library, along with the rest of HLS, will be closed on December 23 reopening on Tuesday, January 3 at 8am.

HLS students, please note there is no 24-hour access during the break.

We hope everyone has happy holidays and a restful winter break, and we’ll see you next year!

New e-resources

The Harvard Library has an astounding number of resources, and we get more all the time! For help efficiently navigating it all, make an appointment to meet with a librarian or contact the Reference Desk.

You can also view our list of recently activated e-journals.

Among our newest e-resources:

American Book Prices Current 

American Indians and the American West, 1809-1971

Ancient Mediterranean and Near Eastern Bronzes at the Harvard Art Museums

 Australia’s Virtual Herbarium

Dave Leip U.S. House General County Election Results 

Conservation innovation in America : past, present, and future 

Digitalia Française           

Encyclopedia of mathematics    

Free Mapping Online

Harvard Art Museums Bauhaus Special Collection            

Harvard Art Museums Gordon Ward Gahan Collection  

Harvard Art Museums Lyonel Feininger: Photographs    

Harvard Art Museums The Social Museum Collection     

HistoryMakers 

IndustriusCFO 

Latin American History Collection eBooks             

Lexicon of Greek Grammarians of Antiquity

Lynda.com

Moscow Defense Brief Digital Archive   

National Longitudinal Surveys (NLS)

Orbis Bank Focus 

Routledge Performance Archive 

Sanborn Maps Geo Edition (1867-1970)

Wisers Information Portal      

Zhonghua min guo zheng fu guan zhi zi liao ku 中華民國政府官職資料庫

Now Available: Presidential Election Data

pe2016We’re pleased to share the news that Widener Library has acquired county-level presidential election data covering 1948-2016 as part of Harvard’s subscription to the Dataverse Project.

Need help getting started on working with data? Visit our Empirical Research Services page.

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.

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.

 

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

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