Announcements •

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

About Adrian Vermeule

Adrian Vermuele

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

 

 

Recent Reviews of Law’s Abnegation

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

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

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

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

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

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

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

Thursday, November 17, 2016 at noon, with lunch

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


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

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

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

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

About Judge David Barron

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

About Daphna Renan

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

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

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

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

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

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

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

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

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

Wednesday, November 16, 2016 at noon, with lunch


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

1585 Massachusetts Ave., Cambridge

Nudging Health Poster

More About Nudging Health:  Health Law and Behavioral Economics

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

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

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

About I. Glenn Cohen

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

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

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

About Holly Fernandez Lynch

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

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

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

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

Panelists

Jerry Avorn

 

 

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

Abigail Moncrieff

 

 

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

 

Cass R. Sunstein

 

 

 

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

 

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

THIS BOOK TALK WILL BE RESCHEDULED AT A LATER DATE

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

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

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

1585 Massachusetts Ave., Cambridge

Charles Fried poster

About Charles Fried

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

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

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

Panelists

Glenn Cohen

 

 

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

 

James Greiner

 

 

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

 

Barbara Bierer

 

 

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

852 RARE: New Exhibit: Deep Cuts: The B-Side of Historical & Special Collections –Object Spotlight- Cardozo Sculptograph

Historical & Special Collections is pleased to announce the opening of its newest exhibit, Deep Cuts: The B-Side of Historical & Special Collections. The exhibit steps away from the collection’s “A-side,” the popular items people expect to find and instead focuses on lesser known parts of the collection that include some bizarre finds and hidden gems.

b-side-of-hsc-poster_final_web

One of those hidden gems is a unique photograph of Justice Benjamin N. Cardozo (1870-1938). Cardozo began his career in private practice after graduating from Columbia Law School in 1890. In 1914 he was elected to the New York Supreme Court where he served as an associate justice until 1917. He was then appointed to the New York State Court of Appeals where he served from 1917 to 1932, serving as chief judge from 1926-1932. President Hoover appointed Cardozo to the United States Supreme Court on February 15, 1932, to a seat vacated by Oliver Wendell Holmes, Jr. He was confirmed by the Senate on February 24, 1932, and received commission on March 2, 1932. He served as associate justice until his death in 1938.

3-D Black and white photograph of Justice Benjamin Cardozo

Benjamin Cardozo, 1936-1938

Underwood & Underwood, photographer

Gelatin silver print sculptograph, 26 x 21 x 2.5 cm, HOLLIS 8001213107

In 1997, Professor Andrew L. Kaufman gave Historical & Special Collections material he collected and created during the research for his book, Cardozo (1998). Included in the gift was a small collection of photographs he had amassed over the years—including this very unique item. Having never seen anything like it before, we brought the print to the attention of photograph conservators at the Weissman Preservation Center of Harvard Library. It was a mystery to them as well! After researching the process they were able to determine that the photographic object is a sculptograph. Creating a sculptograph is a complex process that involves adhering a photographic image onto a secondary support, usually made of metal, essentially turning a two-dimensional photograph into a three-dimensional bas-relief.  Although various techniques for creating photographs with bas-relief surfaces were patented during the late nineteenth and early twentieth centuries, sculptographs are rare and few historical publications or technical analyses regarding the process exist. This example is especially notable because instead of a metal support it has a molded, plaster relief.

The photograph was loaned in 2002 to the American Sephardi Federation in New York for a Cardozo exhibit. As far as we know, this is the first time in 14 years it is being displayed, and possibly the first time at Harvard.

We are thankful to our colleagues at the Weissman Preservation Center of Harvard Library who took the still images they captured using RTI imaging (Reflectance Transformation Imaging) to create a movie that offers a three-dimensional viewing experience.

The exhibit was curated by HSC staff: Karen Beck, Jessica Farrell, Jane Kelly, Edwin Moloy, Mary Person, and Lesley Schoenfeld. It will be on view in the Caspersen Room, Harvard Law School Library 4th floor, daily 9am-5pm through March 2017.

For those unable to make it to the physical exhibit, we invite you to a view a selection of exhibit images online at bit.ly/HSCexhibit. We have also included the recently reformatted recordings of a rare 1957 vinyl record, James Garrett Wallace Sings of the Law and Lawyers, side 1 & side 2 and a 1979 U-matic videocassette titled Langdell Legends featuring numerous HLS professors, because it wouldn’t be fair to display them without letting people fully enjoy these B-side gems!

Book Talk: Cass Sunstein’s The Ethics of Influence: Government in the Age of Behavioral Science, Wed., Nov. 2 at noon

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of Cass Sunstein’s recently published book titled The Ethics of Influence:  Government in the Age of Behavioral Science (Cambridge Univ. Press).

Copies of The Ethics of Influence will be available for sale and Professor Sunstein will be available for signing books at the end of the talk.

Wednesday, November 2, 2016 at noon, with lunch
Harvard Law School Room WCC 2036 Milstein East C (Directions)

1585 Massachusetts Ave., Cambridge

Sunstein poste

About Cass R. Sunstein

Cass R. Sunstein is Robert Walmsley University Professor at Harvard University, Massachusetts. 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, and he is the author of many articles and books, including the best-selling 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), Wiser: Beyond Groupthink to Make Groups Smarter (2014), Valuing Life: Humanizing the Regulatory State (2014), Choosing Not to Choose: Understanding the Value of Choice (2015), Constitutional Personae: Heroes, Soldiers, Minimalists, and Mutes (2015), and The World According to Star Wars (2016).

More About The Ethics of Influence: Government in the Age of Behavioral Science

“In recent years, ‘Nudge Units’ or ‘Behavioral Insights Teams’ have been created in the United States, the United Kingdom, Germany, and other nations. All over the world, public officials are using the behavioral sciences to protect the environment, promote employment and economic growth, reduce poverty, and increase national security. In this book, Cass R. Sunstein, the eminent legal scholar and best-selling co-author of Nudge (2008), breaks new ground with a deep yet highly readable investigation into the ethical issues surrounding nudges, choice architecture, and mandates, addressing such issues as welfare, autonomy, self-government, dignity, manipulation, and the constraints and responsibilities of an ethical state. Complementing the ethical discussion, The Ethics of Influence: Government in the Age of Behavioral Science contains a wealth of new data on people’s attitudes towards a broad range of nudges, choice architecture, and mandates.” — Cambridge Univ. Press

Reviews of The Ethics of Influence: Government in the Age of Behavioral Science

“In this era of intransigence and intolerance, The Ethics of Influence is a vitally needed book. It embraces what all of us – left, right, and center – mutually want: a balance between the goals of welfare, autonomy, dignity, and self-government. What’s more, it is a hoot to read. Roll over Mill and Marx; tell Hayek and Gramsci the news.” — George A. Akerlof, Nobel Laureate in Economics, 2001

“As more governments and businesses turn to “nudging”, pioneer Sunstein turns his brilliant mind to building an ethical framework for these powerful approaches. New findings on public attitudes to nudges – showing surprisingly high levels of support even among traditionally skeptical Americans – are combined with Sunstein’s trademark clarity of thought to offer a timely framework that will be influential across the world.” — David Halpern, CEO, Behavioural Insights Team, and author, Inside the Nudge Unit

“In a book full of convincing detail but free of dogmatism, Sunstein walks us through the case for and against nudges. Nudges are, in some circumstances, the best tool government has at its disposal – cheaper than financial incentives, more freedom-preserving than mandates, and more effective than information. Our government is sometimes ethically required to nudge us. Nonetheless, nudges raise legitimate ethical concerns, foremost among them that they can be manipulative. Sunstein ultimately makes a powerful argument for the widespread use of nudges by government, but without shortchanging the ethical arguments on both sides.”
— Anne Barnhill, University of Pennsylvania

“One need not agree with all of Cass R. Sunstein’s arguments about nudging to admire him for doing more than anyone to champion the importance of behavioral science for public policymaking. Owing to him, it is an increasingly recognized ethical imperative to measure government actions not only against societal values but also against evidence.”
— Ralph Hertwig, Director, Center for Adaptive Rationality, Max Planck Institute for Human Development, Germany

“Cass R. Sunstein knows more than anyone about nudging, and in this very insightful book he brings his acute reasoning to understanding the ethics behind choice architecture. Here he considers sources from Mill to Hayak to Ostrom, and argues that choice architecture is unavoidable and in many cases it is the right thing to do. Just as importantly, he talks about when nudging is wrong and when it is manipulative. All in all, it is an essential book for anyone interested in the ethics of behavioral intervention, either by governments or firms.”  — Eric J. Johnson, Norman Eig Professor of Business, Columbia University, New York

“Behavioural regulation has spread to governments worldwide. This brilliant book tackles the many myths that have evolved around the use of behavioural economics in politics. Cass R. Sunstein explains in clear words how (and why) the core values of an Ethical State – welfare, autonomy, dignity, and self-government – are indeed best served by governments that carefully base their policies on an empirical foundation and use behavioural insights as additional effective policy tools.” — Lucia A. Reisch, Copenhagen Business School

“We typically consider ourselves rational actors, whose dignity derives from our autonomy. In fact, our behavior is easily shaped by other actors and by external factors, often outside our awareness and control. When government intervenes to influence our behaviors, often to improve our lives, we recoil. But if government remains uninvolved while other interests are free to shape our world, how autonomous are we then? Sunstein confronts our naiveté with a penetrating discussion about how to balance government influence against personal dignity, manipulation against autonomy, and behavioral facts against political ideals. This book is an engrossing read.” — Eldar Shafir, William Stuart Tod Professor of Psychology and Public Affairs, Princeton University, New Jersey, and co-author of Scarcity

 

 

Book Talk: Joshua Rubenstein’s “The Last Days of Stalin,” Mon., Oct. 31 at noon

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of Joshua Rubenstein’s recently published book titled The Last Days of Stalin (Yale Univ. Press).  This event is co-sponsored by the Harvard Law School Library and the Harvard Law School East Asian Legal Studies program.

Copies of The Last Days of Stalin will be available for sale and Joshua Rubenstein will be available for signing books at the end of the talk.

Monday, October 31, 2016 at noon, with lunch

Harvard Law School Room Lewis 214A (Directions)



1585 Massachusetts Ave., Cambridge

Josh Rubenstein poster

About Joshua Rubenstein

Joshua Rubenstein is an associate of the Davis Center for Russian and Eurasian Studies, Harvard University. He was an organizer and regional director for Amnesty International USA for thirty-seven years. His previous books include the National Jewish Book Award-winner Stalin’s Secret Pogrom, published by Yale University Press.

More About The Last Days of Stalin

“Joshua Rubenstein’s riveting account takes us back to the second half of 1952 when no one could foresee an end to Joseph Stalin’s murderous regime. He was poised to challenge the newly elected U.S. President Dwight Eisenhower with armed force, and was also broadening a vicious campaign against Soviet Jews. Stalin’s sudden collapse and death in March 1953 was as dramatic and mysterious as his life. It is no overstatement to say that his passing marked a major turning point in the twentieth century.

The Last Days of Stalin is an engaging, briskly told account of the dictator’s final active months, the vigil at his deathbed, and the unfolding of Soviet and international events in the months after his death. Rubenstein throws fresh light on:

  • the devious plotting of Beria, Malenkov, Khrushchev, and other “comrades in arms” who well understood the significance of the dictator’s impending death;
  • the witness-documented events of his death as compared to official published versions;
    Stalin’s rumored plans to forcibly exile Soviet Jews;
  • the responses of Eisenhower and Secretary of State Dulles to the Kremlin’s conciliatory gestures after Stalin’s death; and
  • the momentous repercussions when Stalin’s regime of terror was cut short.” — Yale Univ. Press

Commentator

William C. Taubman

William C. Taubman, Bertrand Snell Professor of Political Science Emeritus, Amherst College

Reviews of The Last Days of Stalin

“Stalin’s death in March 1953 cut short another spasm of blood purges he was planning, but triggered only limited Soviet reforms. To some Westerners it promised an extended period of peace, but others feared it would leave the West even more vulnerable. Joshua Rubenstein’s lively, detailed, carefully crafted book chronicles a key twentieth-century turning point that didn’t entirely turn, revealing what difference Stalin’s death did and didn’t make and why.” – William Taubman, author of Khrushchev: The Man and His Era

“A clear, sober and emotionally powerful narrative that brings to life the last years of Joseph Stalin’s rule, showing vividly how the death of the tyrant changed Soviet and international politics and brought relief to millions of his existing and potential victims, and first and foremost the Soviet Jews.” —  Serhii Plokhy, author of The Gates of Europe: A History of Ukraine

“Based on a plethora of primary Soviet sources, Rubenstein has produced a persuasive and well-written account of the convoluted time that followed Stalin’s death in March 1953. He discusses the complex succession politics in the Kremlin and provides much new information. Rubenstein also explores Eisenhower’s and Dulles’ disinterest in taking up Churchill’s proposals to exploit the ‘narrow window of opportunity’ to embark on constructive negotiations with Moscow once Stalin had gone. This is an enlightening and important book.” —  Klaus Larres, author of Churchill’s Cold War: The Politics of Personal Diplomacy

“Securely based on multilingual primary sources, The Last Days of Stalin is a fascinating and often chilling reconstruction of the months surrounding the Soviet dictator’s death and the opportunities that arose for meaningful change — not all of them taken.”— Saul David, Evening Standard

“Joshua Rubenstein, in his vivid, brisk account, describes the months on each side of Stalin’s death to give the reader a sense of the significance of this turning point.”— Robbie Millen, the Times

“Joshua Rubenstein’s account of Stalin’s death and the responses to it is very well done… an accessible and engaging book.”— Geoffrey Roberts, Irish Times

“Intriguing.”— David Mikics, Tablet

“A fascinating work.”— Amy Lewonstin, Library Journal

“Joshua Rubenstein tells a gripping tale of the year around Stalin’s death, including revealing previously unknown details of the trial of the Jewish Anti-Fascist Committee and Stalin’s version of the Final Solution, the Doctors’ Plot.”— Brett M. Rhyne, The Jewish Advocate

“Joshua Rubenstein’s extremely interesting account of the ailing Stalin’s last days draws upon personal memoirs and new research – and conveys the deep fear inculcated during “the Black Years of Soviet Jewry”.” — Colin Shindler, Jewish Chronicle

“Convincing . . . fascinating.” — Rosemary Sullivan, The Wall Street Journal

“[Stalin’s] last days make a dramatic story, and Rubenstein tells it well.”— Sheila Fitzpatrick, The Guardian

“A compact, chilling account.”— Harvey Blume, The Arts Fuse

 

 

HLS students, come explore our Historical & Special Collections!

HLS students, did you know that the Library holds one of the world’s most comprehensive collections of rare law books, early legal manuscripts, and archival collections of legal papers?

There is still space available in our short Introduction to Historical & Special Collections session. Learn about what we collect, get a first-hand look at examples from our collection, and find out how to do research in HSC.
Thursday, October 13, 2016, 3:30-4pm in the Root Room (south end of the Reading Room)
Registration is appreciated, but not required.

Book Talk: Hal S. Scott’s “Connectedness and Contagion: Protecting the Financial System From Panic,” Wed., Oct. 19 at noon

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of Hal S. Scott’s recently published book titled Connectedness and Contagion: Protecting the Financial System From Panic (MIT Press).

Copies of Connectedness and Contagion will be available for sale and Professor Scott will be available for signing books at the end of the talk.

Wednesday, October 19, 2016 at noon.  Please feel free to bring your own lunch.


Harvard Law School Room WCC 2019 Milstein West A (Directions)


1585 Massachusetts Ave., Cambridge

Hal Scott Book Talk Poster


About Hal S. Scott

Hal S. Scott is the Nomura Professor and Director of the Program on International Financial Systems (PIFS) at Harvard Law School, where he has taught since 1975. He teaches courses on Capital Markets Regulation, International Finance, and Securities Regulation.

The Program on International Financial Systems, founded in 1986, engages in a variety of research projects. Its book, Capital Adequacy Beyond Basel (Oxford University Press 2004), examines capital adequacy rules for banks, insurance companies and securities firms. The Program also organizes the annual invitation-only U.S.-China, U.S.-Europe, U.S.-Japan, and U.S.-Latin America Symposia on Building the Financial System of the 21st Century, attended by financial system leaders in the concerned countries.

Professor Scott is the Director of the Committee on Capital Markets Regulation, a bi-partisan non-profit organization dedicated to enhancing the competitiveness of U.S. capital markets and ensuring the stability of the U.S. financial system via research and advocacy. He is also an independent director of Lazard, Ltd., a member of the Bretton Woods Committee, a member of the Market Monitoring Group of the Institute of International Finance, a past President of the International Academy of Consumer and Commercial Law and a past Governor of the American Stock Exchange (2002-2005).

About Connectedness and Contagion: Protecting the Financial System From Panic

“The Dodd–Frank Act of 2010 was intended to reform financial policies in order to prevent another massive crisis such as the financial meltdown of 2008. Dodd–Frank is largely premised on the diagnosis that connectedness was the major problem in that crisis—that is, that financial institutions were overexposed to one another, resulting in a possible chain reaction of failures. In this book, Hal Scott argues that it is not connectedness but contagion that is the most significant element of systemic risk facing the financial system. Contagion is an indiscriminate run by short-term creditors of financial institutions that can render otherwise solvent institutions insolvent. It poses a serious risk because, as Scott explains, our financial system still depends on approximately $7.4 to $8.2 trillion of runnable and uninsured short-term liabilities, 60 percent of which are held by nonbanks.

Scott argues that efforts by the Federal Reserve, the FDIC, and the Treasury to stop the contagion that exploded after the bankruptcy of Lehman Brothers lessened the economic damage. And yet Congress, spurred by the public’s aversion to bailouts, has dramatically weakened the power of the government to respond to contagion, including limitations on the Fed’s powers as a lender of last resort. Offering uniquely detailed forensic analyses of the Lehman Brothers and AIG failures, and suggesting alternative regulatory approaches, Scott makes the case that we need to restore and strengthen our weapons for fighting contagion.” — The MIT Press

Panelists

Hal Scott

 

 

 

Howell E. Jackson, James S. Reid, Jr. Professor of Law

 

Mark Roe

 

 

 

Mark J. Roe, David Berg Professor of Law

 

Jeremy Stein

 

 

 

Jeremy Stein, Moise Y. Safra Professor of Economics, Harvard University

 

More About Connectedness and Contagion: Protecting the Financial System From Panic

“Anyone with good sense should want to consider Hal Scott’s thoughtful analysis of our policy response to the last financial crisis. Agree or disagree, Scott’s views deserve careful consideration in the debates over financial stability that are sure to come.”
—  Lawrence H. Summers, Charles W. Eliot University Professor and President Emeritus, Harvard University

“Scott has written the definitive work on how contagion in the financial sector spread and amplified an initial shock to housing into the global financial crisis, at great economic cost, and how it was only contained by the liquidity supplying efforts of the Federal Reserve and other authorities. He raises serious and legitimate questions about whether constraints on the Fed’s lending authority in Dodd–Frank will leave us short of the tools necessary to stop the next financial panic, and he warns persuasively against any further limits on the Fed’s ability to act as lender of last resort to banks and nonbanks alike.”
—  Donald Kohn, Senior Fellow, The Brookings Institution

“Abolishing taxpayer bailouts of fundamentally bust institutions is essential if finance is to be a worthwhile, legitimate part of a market economy. Hal Scott rightly argues that this will not dispose of the need for central bank liquidity insurance given problems of contagion and panic during crises. He worries that, by tying the hands of the Federal Reserve behind its back, US legislators got this wrong, exposing the American people and the wider world to unnecessary risk. Whether or not he is correct matters hugely. Read this book to make up your own mind.”
—  Paul Tucker, Chair, Systemic Risk Council, and Fellow, Harvard Kennedy School