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New Exhibit: Long Road to Equality

The opening case of the exhibit, which displays the beginnings of HLS's community involvement in the fight for gay marriage.

In 1983, HLS student Evan Wolfson authored a prescient third year paper titled “Samesex Marriage and Morality: The Human Rights Vision of the Constitution.” Thirty years and countless examinations of the constitution later, two cases regarding gay marriage, Hollingsworth v. Perry (challenging California’s Proposition 8 ) and United States v. Windsor (challenging the Defense of Marriage Act) are being argued in front of the Supreme Court on March 26 and 27, 2013. Wolfson led a wave of Harvard Law School students and faculty members who fought for or participated in the discussion about gay marriage.
Today nine states have legalized same-sex marriage, with Massachusetts leading the way with the 2003 Goodridge decision, which led to much public and intra-Harvard thought and debate, memorialized in The Record and the Harvard Law School Bulletin. And the fight – with HLS involvement – continues.  At the Supreme Court’s request, Professor Vicki Jackson submitted amicus briefs on the jurisdictional and standing issues in Windsor, while other Harvard Law School faculty and scholars have contributed to many of the briefs on the merits of both cases.   While the Supreme Court deliberates, other members of the Harvard Law School community continue to theorize, advocate and shape the freedom to marry both here in the United States and overseas.

Come visit the Caspersen Room in the HLS Library to view “Long Road to Equality” – an exhibit documenting the involvement of HLS students, faculty and alumni in the long road to marriage equality. Curated by HLS Library staff members Mindy Kent and Margaret Peachy, the exhibit will be on view through July 2013. The Caspersen Room is open daily 9 to 5 (closed for special events).

The Long Road to Equality: 30 years of advocacy, scholarship, and debate at HLS.

852 RARE: Gentlemen in the Countryside

Spring is in the air, and even if that air is cold at times, the thought of warm weather activities, and perhaps a weekend in the country, is appealing. With that in mind, we offer a glimpse at a small but thorough and entertaining treatise by English writer Giles Jacob (1686-1744).

Jacob is best known for his popular writing on legal topics, titles such as The accomplish’d conveyancer; The compleat parish-officer; Every man his own lawyer; and A new law-dictionary. These and other works were published in multiple editions, many well after his death. But he also wrote poetry (Human happiness: a poem), parody (The rape of the smock), and a guide to country living (The country gentleman’s vade mecum).

Title page of The Compleat Sportsman.

The compleat sportsman was published in London in 1718 and intended for “all Gentlemen who spend any part of their Time in the Country”. In a fulsome dedication to the baronet Sir Charles Keymis (sometimes spelled Kemeys) Jacob extols the virtues of “rural pleasures” and the beauty and richness of Keymis’ estate, Keven Mabley in county Glamorgan, Wales.

The Vale you are situated in, is, perhaps, equally fine to any in England, adorn’d with beautiful Prospects, and the most ornamental Woods and Coppices, which afford an uncommon Plenty of all Sorts of Game: Neither are you distant from pleasing Rivers and gliding Streams, plenteously stor’d with all Kinds of Fish, besides numerous Fish-Ponds and murmuring Brooks, entirely encompassing your Mansion-House.

Last page of the Jacob's dedication and start of the preface.

Jacob confidently notes in the preface

“I doubt not but the Reader will do me the Justice to confess, that this Book is the most compleatest on the Subject …” and hopes that it “will be received by all Gentlemen who spend any Part of their Time in the Country, with the Candour natural in Country Gentlemen.”

Decorative tail-piece at the end of the preface.

In his three part treatise, Jacob explains techniques for hunting a wide range of game, from quails to rabbits (including several pages of advice on dog breeding, feeding, and training); discusses the creation and maintenance of deer parks; and gives detailed guidance on fishing for over a dozen categories of fish and eels.

For example, on trout angling he writes (p.122):

If you fish with the Worm, make Choice of a Dew or Lob-worm, or a Brandling or Gilt-tail Worm, which is esteemed best for small Trouts, and the Lob-worm the most approved for the large Fish.  … Brandling-worms are usually found in an old decayed Dunghill … but the best of them you generally find in Heaps of Tanner’s-Bark; and large yellow Cadis-worms are very good Baits for the trout in a still Water. … The old Trout is very fearful, commonly lies close all Day (except in May, the Fly Season,) and does not stir out of his Hole until Night, when he feeds very boldly near the Top of the Water …

Jacob’s penchant for precise terminology reveals itself in a section (p. 55-59) on “Hunter’s Terms, &c.” which even includes a list of popular  names for hunting hounds, and illuminating passages such as this one:

When Beasts lodge, a Hart is said to harbor; A Buck lodgeth; A roe beddeth; a Hare formeth; a Coney sitteth, a Fox kennelleth; a Marten treeth; a Badger eartheth; an Otter watcheth. When they dislodge, the Hart is said to be unharbour’d, the Buck rouz’d, the Hare started, the Coney bolted, the Fox unkennell’d, the Marten treed, the Badger dug, and the Otter vented.

Sprinkled generously throughout his text are numerous references and excerpts from  relevant British laws and statutes, handy templates for warrants and licenses, and (p. 90-113) “A Concise Abridgement of the Forest-Laws”.

The enthusiasm and detail with which he approaches his subject suggests that when not busy writing primers on the law, Giles Jacob—the son of a maltster—thoroughly enjoyed (or dreamed of enjoying) the pursuits of a country gentleman.

852 RARE: Men, Baking, and Women’s Rights

Intent on finding something love- or Valentine’s-themed to feature in this month’s 852 RARE, I stumbled upon the wonderful picture featured below.

John Stuart Mill Society Men's Bake Sale, 1977 By George Simian

So what do men, baking, and women’s rights have to do with each other? In the 1970s, at the Harvard Law School, it seems quite a bit.

Published in the summer 1977 edition of the Harvard Law School Bulletin, this picture features David H. Fink ’77 at the third annual John Stuart Mill Society’s Men’s Bake Sale. The Bulletin reported that $509 was raised and donated to the National E.R.A. This is a fitting title for a group of men advocating for the Equal Rights Amendment (ERA) and the idea of a men’s bake sale to benefit women’s rights is brilliant! The previous year the Bulletin reported that baked goods had been provided by a number of male professors including Steiner, Sacks, Tribe, and Nesson.

John Stuart Mill (1806-1873) was a British philosopher, economist, and moral and political theorist. Among his writings is the 1869 publication The Subjection of Women, which defended gender equality and the rights of women.

First introduced in 1923, and then rewritten in 1943, it wasn’t until 1972 that both the U.S. Senate and the House of Representatives passed the ERA. Congress placed a seven year deadline on the state ratification process. By 1975, the process had slowed considerably with only a single new state ratifying the amendment, leaving the 27th amendment four states shy of the 38 states needed. The fight to pass the ERA lives on and on March 6, 2013, Senator Robert Menendez (D-NJ) and Representative Carolyn Maloney (D-NY) will reintroduce the traditional ERA ratification bills in the 113th Congress.

We don’t have much information on the John Stuart Mill Society, so for those involved with the society and willing to share their story, we would love to learn more! Please enjoy this image; a fitting end to the month of love and a great start for March and women’s history.

852 RARE: A Letter from Martin Luther King, Jr.

In April 1962, Martin Luther King, Jr. wrote a letter to Lloyd Garrison (HLS ’22) asking him to join the board of a new organization: the Gandhi Society for Human Rights.  Though the collection of Garrison’s papers, held by the library, does not provide evidence of further correspondence between the two men, it is doubtful that this was the first time these two leaders in the civil rights movement had communicated. Garrison, the great-grandson of the abolitionist William Lloyd Garrison, carried on the family tradition of advocating for equal rights for all through his involvement with the National Urban League and the Lawyers Committee for Civil Rights Under Law.   It was his involvement with the Taconic and Field Foundations and the Potomac Institute in Washington that led him to decline King’s offer, citing that his work with these granting foundations would be of greater use to the Gandhi Society as it would be a likely applicant for funds.

Letter to Lloyd K. Garrison from Martin Luther King, Jr., April 24, 1962. From the Lloyd K. Garrison Papers, box 2, folder 14.

The Gandhi Society for Human Rights got off the ground in May 1962, just a month after King wrote to Garrison.  In his speech to the gathered distinguished board members, King cited the significance of 1962 being 100th anniversary of Lincoln’s Emancipation Proclamation and of Henry David Thoreau’s death.  Thoreau’s philosophy of civil disobedience inspired Mahatma Gandhi, who, in turn, greatly inspired King. In his inaugural address, King carried on Thoreau’s message throughout the speech, closing with the message:

All of the armies of the earth – all of the parliaments – all of the presidents, prime ministers and kings – are not stronger than one single moral idea which tenaciously demands fulfillment.  That fulfillment will come because from the first day an American farmer shouldered a musket for liberty, to this day, a national character was being formed, which could grow only in if lived in a climate of decency and fair play.  That fulfillment will come because America must do it to remain American in the next 100 years (Gandhi Society for Human Rights Address by MLK, Thursday, May 17, 1962).


852 RARE : Just Launched: Oliver Wendell Holmes, Jr. Digital Suite!

The Harvard Law School Library is pleased to announce the release of the Oliver Wendell Holmes, Jr. Digital Suite.  The Suite is comprised of five manuscript collections as well as three image groups. Every attempt was made to digitize as much of each collection as possible and only a small percentage of the Library’s Holmes primary material that was not digitized. The manuscript collections included in the Suite are:

A forty year old Holmes as the newly minted Lecturer on Common law at the Lowell Institute. olvwork385804.

1)    The John G. Palfrey Collection of Oliver Wendell Holmes Jr. Papers,  1715-1938

2)     Mark DeWolfe Howe Research Materials Related to the Life of Oliver Wendell Holmes, Jr., 1858-1968

3)    The Edward J. Holmes Collection of Oliver Wendell Holmes Jr. Materials, 1853-1944

4)     Oliver Wendell Holmes, Jr. Addenda, 1818-1978

5)    Letters from Holmes to Lady Castletown Small Manuscript Collection

The key component of the OWH, Jr. Suite is the discovery environment developed by the Library’s Digital Lab and called 3D (Discovery and Delivery of Digital collections). 3D enables a person to search and browse across all eight collections in the Suite from one access point. A search of the over 100,000 digitized documents and over 1,000 images can also be easily refined by the site’s faceted search functions.

The Suite also supports active involvement from users who are offered the opportunity to add tags to items as well as participate in discussions. Visitors to the site are encouraged to increase the accessibility to the collections by adding tags designating topics, names, dates, and locations to items they view.  Researchers can also participate in forum discussions about the collections themselves or topics they introduce.  By becoming active members of the OWH community, users increase the utility and discoverability of the site.

The Oliver Wendell Holmes, Jr. Digital Suite was made possible by the work of many individuals. The Library’s Digital Lab team of Steve Chapman, Andy Silva, Lindsay Dumas and Craig Smith all developed the 3D software as well as did quality assurance checks on material returning from imaging services. Ed Moloy and Margaret Peachy of the Library’s Historical & Special Collections unit provided the finding aids with the additional metadata necessary for 3D’s optimal functionality.

Post contributed by Edwin Moloy, Curator of Modern Manuscripts

852 RARE: Last Week to See the Joseph Story Exhibit

If you have not yet seen the exhibit “A Storied Legacy: Correspondence and Early Writings of Joseph Story,” take a quick study break and stop by the Library’s Caspersen Room this week. The exhibit will remain on view through Friday December 7.

Our next exhibit, about the media’s perception of true crime in America, will launch in early January 2013. We hope to see you at both exhibits!

852 RARE: A Unique and Heartfelt Tribute to Sir Edward Coke

Title page, The Recorde of Honor and Vertue ... (HLS MS 4125)

Title page, The Recorde of Honor and Vertue ... (HLS MS 4125)

This little manuscript holds many hidden treasures in its 27 leaves. The anonymous author of the “Record of honor and virtue: the noble memorial of the right honorable Sir Edward Coke,” wrote and (we presume) illustrated this work around the time of Coke’s death in 1634. The author paid tribute to Coke in several creative and artistic ways, beginning with the title page, which features the (very long) title written in a beautiful clear hand, surrounded by a thick black hand-drawn border.

There are two full-page painted coats of arms, including this one. It features a shield containing the crests of the Coke, Paston and Cecil families – Coke’s wives were Bridget Paston and Elizabeth Cecil.

Coat of Arms (HLS MS 4125)

Coat of Arms (HLS MS 4125)

Opposite the coat of arms is an ornate Coke family tree, with Coke and his two wives forming the roots at the bottom of the page.

Coke Family Tree (HLS MS 4125)

Coke Family Tree (HLS MS 4125)

Following the family tree, our anonymous author composed a long “Funerall Elegie” in iambic pentameter, cautioning against the fleeting nature of life and the ultimate triumph of death. To further drive home the point, the author included a gruesome memento mori painting with the Latin inscription, “Mors sceptra ligonibus equat,” or “Death makes scepters and hoes equal.”

Mors Sceptra Ligonibus equat (HLS MS 4215)

Mors Sceptra Ligonibus equat (HLS MS 4215)

The author’s affection for Coke found its most unique expression in a two-page “Accrostique Epitaphe upon the name of the lord Coke.” In gilt and red letters, the words “Sir Edward Coke Knight” appear down the left sides of the two pages. The first letter in each line of the epitaph poem – also in iambic pentameter – spell out Coke’s name.

It was a pleasure to stumble upon this labor of respect and devotion in our stacks. I hope you have enjoyed looking at this treasure!

 

 

Thanksgiving – A Round Up of Links

As you get ready to depart for Thanksgiving, take some time to learn a little bit about the laws surrounding this holiday:

I hope you’ve all enjoyed these links and have a Happy Thanksgiving!

Legal Ethics in Popular Culture: A Round Up of Links

Since many of our students will likely be taking the MPRE tomorrow, ’tis the season to consider legal ethics. And, it ends up many people have considered the way that legal ethics are represented in popular culture. Whether you have just finished prepping for the MPRE or are just interested in how popular culture views lawyers, these links provide some fun analysis of the ethical standards of everyone’s favorite fictional lawyers.

The blog Law and the Multiverse has considered legal ethics as they arise in popular culture multiple times:

  • The Dark Knight: Legal Ethics – In the Dark Knight, Wayne Enterprises’ lawyer discovers some accounting irregularities. In this post, Law and the Multiverse considers his ethical obligations after making this discovery.
  • She-Hulk Gets Disbarred – As some of you may know, She-Hulk is a lawyer, who ultimately gets disbarred, which gives the blog an opportunity to consider whether her alleged ethics violation warranted such an extreme punishment. They also touched on another one of her ethics slips in an earlier post.
  • The Lincoln Lawyer – This post takes on legal ethics once again when considering the plot of the movie The Lincoln Lawyer and the ethical dilemmas it presents.
  • Wolfram & Hart and…Legal Ethics – This time on the blog Subculture for the Cultured, the Law and the Multiverse authors consider whether ethical rules would allow Angel, a non-lawyer vampire, to serve as CEO of the law firm Wolfram & Hart.

A quick search reveals that several journal articles have also been written on this topic, including:

I hope you enjoyed this list of links; let us know in the comments if you think we missed any great examples of legal ethics (or a lack thereof) in popular culture. And, for all those who are taking the MPRE, good luck!

A Legal Look at the Disney Purchase of Lucasfilms

Image by Thomas Hawk

As you may have heard, earlier this week, The Walt Disney Company announced its plans to purchase Lucasfilms Ltd for a purchase price of $4.05 billion with half being paid in cash and the other half in stock with Skadden, Arps and Latham & Watkins serving as legal counsel. Reading about the deal made me curious about each of the companies and the terms of the transaction, so I did a little research.

As a large, publicly-traded company, the Walt Disney Company is easy to research. While it is easy enough to pull up their company filings with the SEC’s EDGAR system, the company also has an entire Investor Relations section of their website, which provides easy access to the Company’s Certificate of Incorporation, Bylaws, and Board of Directors information. On the other hand, since Lucasfilms Ltd. is solely owned by George Lucas, it is bit more difficult to find information about the company, but some is still available. The company’s website provides information on the various divisions underneath the Lucasfilms Ltd. umbrella and basic information about the company’s status and formation date is available through the California Secretary of State website. Those interested in learning more about the terms of the transaction can check out the 8-K filing made by the Walt Disney Company on October 30th, announcing the transaction.

The transaction raises some other interesting legal issues beyond the structure of the deal itself too. Some have already voiced concerns that the sale to Disney will usher in a new, less welcoming, approach to fan fiction. Lucasfilms has been fairly open to fans creating their own Star Wars-related works. The company has even hosted The Official Star Wars Fan Film Awards and released tools to make it easier for fans to remix Star Wars content (you can read Professor Lawrence Lessig’s thoughts on it, and the terms users had to agree to in order ot use the tools, here). This policy has led to some fun creations, such as this ad for the Law Office of Lando Calrissian. Based on past enforcement actions, some believe Disney will be less receptive to these types of works. Another interesting aspect of this deal is that George Lucas has announced that he plans to put the majority of his proceeds from this sale into a foundation to work on funding education initiatives, which leads to interesting questions about how he may structure such a donation.

For now, more information probably won’t become available unless and until the deal passes Hart-Scott-Rodino review and is finalized, but in the meantime, you can continue your legal contemplation of Star Wars by reading this analysis of whether Han was legally justified in shooting Greedo from the Legal Geeks (since we all know Han shot first).