Faculty Book Talks • Et. Seq: The Harvard Law School Library Blog

Book Talk: Gish Jen’s The Girl at the Baggage Claim: Explaining the East-West Culture Gap, Wed., Mar. 29 at noon

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of Gish Jen’s recently published book titled The Girl at the Baggage Claim: Explaining the East-West Culture Gap (Knopf, Feb. 28, 2017).

Copies of The Girl at the Baggage Claim will be available for sale and Gish Jen will be available for signing books at the end of the talk.

Wednesday, March 29, 2017 at noon, with lunch


Harvard Law School WCC 2019 Milstein West A/B  (Directions)

1585 Massachusetts Ave., Cambridge

The Girl at the Baggage Claim poste

More About Gish Jen

The author of six previous books, Jen has published short work in The New Yorker, The Atlantic Monthly, and dozens of other periodicals and anthologies. Her work has appeared in The Best American Short Stories four times, including The Best American Short Stories of the Century, edited by John Updike.  Nominated for a National Book Critics’ Circle Award, her work was featured in a PBS American Masters’ special on the American novel, and is widely taught.

Jen is a member of the American Academy of Arts and Sciences.  She has been awarded a Lannan Literary Award for Fiction, a Guggenheim fellowship, a Radcliffe Institute for Advanced Study fellowship, and numerous other awards.  An American Academy of Arts and Letters jury comprised of John Updike, Cynthia Ozick, Don DeLillo, and Joyce Carol Oates granted her a five-year Mildred and Harold Strauss Living award; Jen delivered the William E. Massey, Sr. Lectures in the History of American Civilization at Harvard University in 2012. Her most recent book is The Girl at the Baggage Claim: Explaining the East-West Culture Gap.

More About The Girl at the Baggage Claim

“A provocative and important study of the different ideas Easterners and Westerners have about the self and society and what this means for current debates in art, education, geopolitics, and business. Never have East and West come as close as they are today, yet we are still baffled by one another. Is our mantra “To thine own self be true”? Or do we believe we belong to something larger than ourselves—a family, a religion, a troop—that claims our first allegiance? Gish Jen—drawing on a treasure trove of stories and personal anecdotes, as well as cutting-edge research in cultural psychology—reveals how this difference shapes what we perceive and remember, what we say and do and make—how it shapes everything from our ideas about copying and talking in class to the difference between Apple and Alibaba. As engaging as it is illuminating, this is a book that stands to profoundly enrich our understanding of ourselves and of our world.” — Alfred A. Knopf, Penguin Random House

Panelists

Joseph W. Singer

 

 

 

 Joseph W. Singer, Bussey Professor of Law

 

Mark Wu

 

 

 

Mark Wu, Assistant Professor of Law

 

Yvonne Hao

 

 

 

Yvonne Hao, COO and CFO, PillPack

 

Reviews of The Girl at the Baggage Claim

“Gish Jen turns her novelist’s eye to the exploration of the centuries-old enigma of why people in the East and the West see themselves, others, society, and culture so differently…[As Trump] butts heads with China, it behooves us to consider just how shallow is our understanding of China…[making] this book both timely and extremely important.” –  Washington Post

“VERDICT: An excellent and engaging read, sure to appeal to readers interested in cross-cultural communication, cognitive science, and the experiences of Asian Americans in the United States” – Library Journal

“[Jen] unpacks tough subjects, such as racism and prejudice in America, with sophisticated insight [and] articulates the complexities of culture with a novelist’s command of language.” –  Publishers Weekly

Book Talk: Alexandra Lahav’s In Praise of Litigation, Mon., Mar. 27 at noon

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of Alexandra Lahav’s recently published book titled In Praise of Litigation (Oxford Univ. Press, Feb. 1, 2017).  Professor Lahav is the Ellen Ash Peters Professor of Law at the University of Connecticut School of Law.

Copies of In Praise of Litigation will be available for sale and Professor Lahav will be available for signing books at the end of the talk.

Monday, March 27, 2017 at noon, with lunch


Harvard Law School WCC 2019 Milstein West B  (Directions)


1585 Massachusetts Ave., Cambridge

In Praise of Litigation poster

About Alexandra Lahav

Alexandra D. Lahav is an expert on civil procedure, complex litigation and mass torts. Her research primarily focuses on procedural justice and the limits of due process in class actions and aggregate litigation and on the role of litigation in American democracy. In recent articles she has explored the justifications for innovative procedures such as statistical sampling and bellwether trials in mass tort litigation, what role principles of equality should play in litigation, and how courts can better manage multi-jurisdictional litigation. Her work has been cited in Federal Appellate and District Court opinions, academic articles and treatises and she regularly presents to academics and practitioners. She is co-author of the fifth edition of the popular civil procedure casebook, Civil Procedure: Doctrine, Practice, and Context.  Her book defending the role of litigation in American democracy, In Praise of Litigation, will be published by Oxford University Press in early 2017.

Professor Lahav received her B.A. in history from Brown University and graduated magna cum laude from Harvard Law School. She clerked for Justice Alan Handler of the New Jersey Supreme Court and practiced with a boutique civil rights firm in New York City, now called Emery, Celli, Brinckerhoff & Abady LLC. She was a teaching fellow at Stanford Law School before joining the UConn faculty in 2004 and has also taught at Columbia, Harvard and Yale.

More About In Praise of Litigation

While the right to have one’s day in court is a cherished feature of the American democratic system, alarms that the United States is hopelessly litigious and awash in frivolous claims have become so commonplace that they are now a fixture in the popular imagination. According to this view, litigation wastes precious resources, stifles innovation and productivity, and corrodes our social fabric and the national character. Calls for reform have sought, often successfully, to limit people’s access to the court system, most often by imposing technical barriers to bringing suit.

Alexandra Lahav’s In Praise of Litigation provides a much needed corrective to this flawed perspective, reminding us of the irreplaceable role of litigation in a well-functioning democracy and debunking many of the myths that cloud our understanding of this role. For example, the vast majority of lawsuits in the United States are based on contract claims, the median value of lawsuits is on a downward trend, and, on a per capita basis, many fewer lawsuits are filed today than were filed in the 19th century. Exploring cases involving freedom of speech, foodborne illness, defective cars, business competition, and more, the book shows that despite its inevitable limitations, litigation empowers citizens to challenge the most powerful public and private interests and hold them accountable for their actions.

Lawsuits change behavior, provide information to consumers and citizens, promote deliberation, and express society’s views on equality and its most treasured values. In Praise of Litigation shows how our court system protects our liberties and enables civil society to flourish, and serves as a powerful reminder of why we need to protect people’s ability to use it.

The tort reform movement has had some real successes in limiting what can reach the courts, but there have been victims too. As Alexandra Lahav shows, it has become increasingly difficult for ordinary people to enforce their rights. In the grand scale of lawsuits, actually crazy or bogus lawsuits constitute a tiny minority; in fact, most anecdotes turn out to be misrepresentations of what actually happened. In In Praise of Litigation, Lahav argues that critics are blinded to the many benefits of lawsuits. The majority of lawsuits promote equality before the law, transparency, and accountability. Our ability to go to court is a sign of our strength as a society and enables us to both participate in and reinforce the rule of law. In addition, joining lawsuits gives citizens direct access to governmental officials-judges-who can hear their arguments about issues central to our democracy, including the proper extent of police power and the ability of all people to vote. It is at least arguable that lawsuits have helped spur major social changes in arenas like race relations and marriage rights, as well as made products safer and forced wrongdoers to answer for their conduct.

In this defense, Lahav does not ignore the obvious drawbacks to litigiousness. It is expensive, stressful, and time consuming. Certainly, sensible reforms could make the system better. However, many of the proposals that have been adopted and are currently on the table seek only to solve problems that do not exist or to make it harder for citizens to defend their rights and to enforce the law. This is not the answer. In Praise of Litigation offers a level-headed and law-based assessment of the state of litigation in America as well as a number of practical steps that can be taken to ensure citizens have the right to defend themselves against wrongs while not odiously infringing on the rights of others.

Panelists

John C.P. Goldberg

 

 

 

Professor John C.P. Goldberg, Eli Goldston Professor of Law

 

Mark Tushnet

 

 

 

Professor Mark V. Tushnet, William Nelson Cromwell Professor of Law

 

Reviews of In Praise of Litigation

“In the face of the widespread popular perception that lawsuits are inimical to American society, law professor Lahav is persuasive in demonstrating that litigation ‘is a social good and promotes democracy,’ even if it is a far from perfect tool. Her contention is bolstered by her well-reasoned analyses that perfectly balance detail with brevity, making this work fully accessible to non-lawyers and readers unversed in the debates about access to justice and tort reform.” — Publishers Weekly

“In a culture where it has become fashionable to bash lawyers and the lawsuits they file, Alexandra Lahav reminds us, in forceful, engaging, and compelling prose, that litigation plays an essential role in our democracy. Her clear-eyed analysis engages the criticisms of litigation honestly and persuasively, and makes a powerful case for its role in a justice-seeking society.” – – David Cole, Professor, Georgetown Law, National Legal Director, ACLU, and author of Engines of Liberty

“An important contribution to the ongoing debate over the role of litigation in promoting a just society. Alexandra Lahav convincingly demonstrates how and why American style litigation-‘a form of political activity’-remains critical to our Nation’s future.” — Kenneth R. Feinberg, Former Special Master of the September 11 Victim Compensation Fund

“The central message of In Praise of Litigation is a powerful one: the benefits of lawsuits (and the harms from improperly restricting them) go far beyond the parties and their lawyers. The book is a tour de force in which Alexandra Lahav draws on a dazzling array of examples, from cases involving slaves seeking freedom in the 1850s to cases involving e. coli in fast-food hamburgers, and from little-noticed suits involving individuals to iconic Supreme Court decisions like Brown v. Board of Education, that stretch across both doctrinal boundaries and American history. Every law student and every lawyer should read In Praise of Litigation not just to understand more fully how litigation actually works today, but also to arm themselves better to defend equal access to the courts as a critical aspect of our democracy.” — Pamela S. Karlan, Kenneth and Harle Montgomery Professor of Public Interest Law and Co-Director, Supreme Court Litigation Clinic, Stanford Law School

Book Talk: Cass Sunstein’s #Republic: Divided Democracy in the Age of Social Media, Wed., Mar. 22 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 #Republic: Divided Democracy in the Age of Social Media (Princeton Univ. Press, Mar. 14, 2017).

Copies of #Republic: Divided Democracy in the Age of Social Media will be available for sale and Professor Sunstein will be available for signing books at the end of the talk.

Wednesday, March 22, 2017 at noon, with lunch
Harvard Law School WCC 2019 Milstein West A/B  (Directions)
1585 Massachusetts Ave., Cambridge

Cass Sunstein #republic poster

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 #Republic: Divided Democracy in the Age of Social Media

“As the Internet grows more sophisticated, it is creating new threats to democracy. Social media companies such as Facebook can sort us ever more efficiently into groups of the like-minded, creating echo chambers that amplify our views. It’s no accident that on some occasions, people of different political views cannot even understand each other. It’s also no surprise that terrorist groups have been able to exploit social media to deadly effect.

Welcome to the age of #Republic.

In this revealing book, Cass Sunstein, the New York Times bestselling author of Nudge and The World According to Star Wars, shows how today’s Internet is driving political fragmentation, polarization, and even extremism–and what can be done about it.

Thoroughly rethinking the critical relationship between democracy and the Internet, Sunstein describes how the online world creates “cybercascades,” exploits “confirmation bias,” and assists “polarization entrepreneurs.” And he explains why online fragmentation endangers the shared conversations, experiences, and understandings that are the lifeblood of democracy.

In response, Sunstein proposes practical and legal changes to make the Internet friendlier to democratic deliberation. These changes would get us out of our information cocoons by increasing the frequency of unchosen, unplanned encounters and exposing us to people, places, things, and ideas that we would never have picked for our Twitter feed.

#Republic need not be an ironic term. As Sunstein shows, it can be a rallying cry for the kind of democracy that citizens of diverse societies most need.” — Princeton University Press

Reviews of #Republic: Divided Democracy in the Age of Social Media

“I . . . found myself shocked at how relevant Sunstein’s account was to my own life and the ways I seek out and encounter information, which is in a way the value of the book–it gets you to reflect on the role of your information habits on your view of the world around you. And if you want to know how important that is, well, you should read Sunstein’s book.”  — Annie Coreno, Publishers Weekly (staff pick)

“America’s leading legal academic gives us a way to address democracy’s leading challenge–preserving a public informed enough to govern itself. Drawing on an incredible range of scholarship and experience, this book could not be more timely. Or urgently needed.” Lawrence Lessig, Harvard Law School

Endorsements:

“What went wrong with social media and also with democracy? Here’s the guy who saw it coming, and yes he does have all the answers.”Tyler Cowen, author of The Great Stagnation

“The Internet has surely enhanced our democracy, with greater access to information and fewer barriers to connecting with each other. However, we’re seeing the opposite today with more narrow-minded online platforms and communities, as evidenced by the impact of fake news on this past election. #Republic pointedly captures the risks of the ongoing evolution of social media to our democratic ideals.” Stephanie Cutter, former Senior Aide to President Barack Obama and Partner, Precision Strategies

Book Talk: Leia Castañeda Anastacio’s The Foundations of the Modern Philippine State: Imperial Rule and the American Constitutional Tradition in the Philippine Islands, Tue. Feb. 14 at noon

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of The Foundations of the Modern Philippine State: Imperial Rule and the American Constitutional Tradition in the Philippine Islands (Cambridge Univ. Press, Aug. 2016) by Leia Castañeda Anastacio, LL.M. ’96, S.J.D. ’09, Research Fellow, Harvard Law School’s East Asian Legal Studies Program. This event is co-sponsored with the Harvard Law School East Asian Legal Studies Program.

Tuesday, February 14, 2017 between noon and 1:30 pm, with lunch
Harvard Law School Room Lewis 214A  (Directions)
1585 Massachusetts Ave., Cambridge

Leia Castañeda Anastacio book talk poster

 

More About The Foundations of the Modern Philippine State: Imperial Rule and the American Constitutional Tradition in the Philippine Islands:

“The US occupation of the Philippine Islands in 1898 began a foundational period of the modern Philippine state. With the adoption of the 1935 Philippine Constitution, the legal conventions for ultimate independence were in place. In this time, American officials and their Filipino elite collaborators established a representative, progressive, yet limited colonial government that would modernize the Philippine Islands through colonial democracy and developmental capitalism. Examining constitutional discourse in American and Philippine government records, academic literature, newspaper and personal accounts, The Foundations of the Modern Philippine State concludes that the promise of America’s liberal empire was negated by the imperative of insulating American authority from Filipino political demands. Premised on Filipino incapacity, the colonial constitution weakened the safeguards that shielded liberty from power and unleashed liberalism’s latent tyrannical potential in the name of civilization. This forged a constitutional despotism that haunts the Islands to this day.” — Cambridge Univ. Press

About Leia Castañeda Anastacio

Leia Castañeda Anastacio is an independent scholar affiliate of Harvard Law School’s East Asian Legal Studies program. Placing first in the 1993 Philippine Bar Examinations, she was awarded Harvard Law School’s Yong Kim ’95 Memorial Prize in 2008 and the American Society of Legal History’s William Nelson Cromwell Foundation Dissertation Prize in 2010.

Commentators:

Gerald Neuman, Harvard

 

 

Professor Gerald Neuman, J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law, and the Co-Director of the Human Rights Program, Harvard Law School

 

Chris Capozzola, MIT

 

 

 

Professor Chris Capozzola, Associate Professor of History at MIT

 

Book Talk: Heidi Gardner’s Smart Collaboration: How Professionals and Their Firms Succeed by Breaking Down Silos, Mon. Jan. 30 at noon

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of Smart Collaboration: How Professionals and Their Firms Succeed by Breaking Down Silos (Harvard Business Review Press, Jan 3. 2017) by Heidi K. Gardner, Lecturer on Law and Distinguished Fellow in the Center on the Legal Profession at Harvard Law School.  Copies of Smart Collaboration will be available for sale and Professor Gardner will be available for signing books at the end of her talk.

Heidi Gardner Book Talk Poster

Monday, January 30, 2016 at noon, with lunch
Harvard Law School Room WCC 2019 Milstein West A (Directions)
1585 Massachusetts Ave., Cambridge

More About Smart Collaboration: How Professionals and Their Firms Succeed by Breaking Down Silos

“Not all collaboration is smart. Make sure you do it right. Professional service firms face a serious challenge. Their clients increasingly need them to solve complex problems–everything from regulatory compliance to cybersecurity, the kinds of problems that only teams of multidisciplinary experts can tackle. Yet most firms have carved up their highly specialized, professional experts into narrowly defined practice areas, and collaborating across these silos is often messy, risky, and expensive. Unless you know why you’re collaborating and how to do it effectively, it may not be smart at all. That’s especially true for partners who have built their reputations and client rosters independently, not by working with peers. In “Smart Collaboration,” Heidi K. Gardner shows that firms earn higher margins, inspire greater client loyalty, attract and retain the best talent, and gain a competitive edge when specialists collaborate across functional boundaries. Gardner, a former McKinsey consultant and Harvard Business School professor now lecturing at Harvard Law School, has spent over a decade conducting in-depth studies of numerous global professional service firms. Her research with clients and the empirical results of her studies demonstrate clearly and convincingly that collaboration pays, for both professionals and their firms. But Gardner also offers powerful prescriptions for how leaders can foster collaboration, move to higher-margin work, increase client satisfaction, improve lateral hiring, decrease enterprise risk, engage workers to contribute their utmost, break down silos, and boost their bottom line. With case studies and real-world insights, “Smart Collaboration” delivers an authoritative case for the value of collaboration to today’s professionals, their firms, and their clients and shows you exactly how to achieve it.” — Harvard Business Review Press

About Heidi K. Gardner

Heidi K. Gardner, PhD, is a Distinguished Fellow in the Center on the Legal Profession at Harvard Law School.  She also serves as a Lecturer on Law and the Faculty Chair of the school’s Accelerated Leadership Program executive course.  She was previously on the faculty at Harvard Business School.  Gardner has also been awarded an International Research Fellowship at Oxford University’s Said Business School.

Dr. Gardner’s research focuses on leadership and collaboration in professional service firms, and her book Smart Collaboration: How Professionals and Their Firms Succeed by Breaking Down Silos will be published by Harvard Business Press in January 2016.  Her research received the Academy of Management’s prize for Outstanding Practical Paper with Implications for Management. She has authored or co-authored more than fifty book chapters, case studies, and articles in scholarly and practitioner journals, including the Academy of Management Journal, Administrative Science Quarterly, and Harvard Business Review.  Her first book, Leadership for Lawyers: Essential Strategies for Law Firm Success was co-edited with Rebecca Normand-Hochman and published in 2015.

Dr. Gardner has lived and worked on four continents, including positions with McKinsey & Co. and Procter & Gamble, and as a Fulbright Scholar. She holds a BA in Japanese Studies from the University of Pennsylvania (summa cum laude, Phi Beta Kappa), a masters degree from the London School of Economics (with honors), and a second masters and doctorate in organizational behavior from London Business School.

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.

 

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

%d bloggers like this: