Student Channel •

852 RARE Bonus Edition: The 25th Anniversary of Cohen v. Cowles Media

June 24, 2016 marks the 25th anniversary of Cohen v. Cowles Media Co., 501 U.S. 663 (1991), in which the U.S. Supreme Court decided that freedom of the press does not exempt journalists from following generally applicable laws. Dan Cohen (HLS ’61), a Republican campaign associate in the 1982 Minnesota governor’s race, gave information about another party’s candidate to reporters at two local newspapers. Though Cohen had received a promise of confidentiality from the reporters, the papers divulged his name. Cohen lost his job and sued the papers in state court, alleging breach of contract. Cohen won at trial and on appeal, but the Minnesota Supreme Court reversed. Cohen appealed to the U.S. Supreme Court. The question before the Court was: Does the First Amendment bar a plaintiff from recovering damages, under state promissory estoppel law, for a newspaper’s breach of a promise of confidentiality? In a close 5-4 decision with two dissents, the Court ruled in favor of Mr. Cohen.

Cohen v. Cowles Media has been the subject of much debate and legal analysis in the past 25 years. It stands with New York Times v. Sullivan and a handful of others as a significant first amendment case involving the press.

Interested in learning more about what went on behind the scenes of this important case? Historical & Special Collections has the case files! Donated by Cohen’s attorney Elliot C. Rothenberg (HLS ’64), the collection consists of materials Mr. Rothenberg compiled and used in Cohen’s defense. HSC has many collections of case files, lawyers’ papers, and judges’ papers. If you are interested in a particular legal case, lawyer, or judge, search HOLLIS+ , the Harvard Library catalog.

HLS Class Marshal Elliot C. Rothenberg ('64). VIA record ID 8000950463

HLS Class Marshal Elliot C. Rothenberg (’64). VIA record ID 8000950463

We’re grateful to Mr. Rothenberg for sharing his collection with us, so we can share it with you. And his generosity does not end there: over the years, he has donated a number of HLS-related papers and artifacts to HSC, including the very baton he wielded as the Law School’s 1964 Class Marshal! Both baton and photo are on view through August 12, 2016 in the “academic regalia” section of the Library’s exhibit, What (Not) to Wear: Fashion and the Law.

Congrats to Robert Niles!

We’re happy to announce that a Harvard Law School student was among ten winners of the 2016 Bloomberg Law Write-On Competition. Robert Niles is in his final year of the J.D./M.B.A. program at Harvard Law School and Harvard Business School. His article, Did Reed v. Town of Gilbert Silence Commercial Speech Doctrine? Early Signs Point to No, was recently published in U.S. Law Week. Bloomberg Law subscribers can read it at the link.

Congratulations, Robert!

End of year guides to Bluebook and exams success

As another academic year winds to its end, we wanted to let you know about two new library guides that HLS students may find useful.

First, especially for LLM students who are finishing up their papers, but also useful for JD students doing scholarly writing, is our guide Bluebook Citation for LLM Students. This guide contains slides from the Library’s Bluebook classes, helpful charts, and frequently asked questions and answers, including dealing with non-English sources, American writing conventions, and what to do when the Bluebook doesn’t seem to have a rule for your type of source.

Second is our guide Prepare for HLS Exams intended for all students. This guide rounds up information and resources available in the Library and elsewhere at HLS that can help you successfully through one of the most stressful times in law school. It includes books at the library about taking law school exams, study guides and tools, guides to 1L topics, and ideas for short study breaks. We also include links out to general exam info at the Registrar’s office and the Dean of Student Office’s Wellness program.

We wish you success on finishing your papers, projects, and exams. As always, free earplugs are available at the reference and circulation desks!

852 RARE: In Celebration of Pranksters and Practical Jokers: The Legend of Lady Ellesmere

April Fools’ day may have come and gone, but in the spirit of keeping the laughter going, let’s look back almost 70 years to a student prank involving the school’s portrait collection. As the story goes, two 3L students wanted to pull off a prank before graduation so they commissioned a young art student at the School of the Museum of Fine Arts to paint a semi-nude female judge. The portrait, now fondly referred to as “Lady Ellesmere” was painted by Mrs. Vera Chvany Hussey, now Vera Chvany Hussey-Forbes. She was referred to the two HLS students by a friend with strong Harvard connections; Sally Mallinckrodt, the granddaughter of Edward Mallinckrodt. Early in the morning of March 24, 1948, the students made arrangements with janitorial staff to hang the portrait, an oil painting on heavy craft paper, in the Langdell South Middle classroom in the frame normally reserved for the portrait of Sir Thomas Egerton, Baron Ellesmere, who had supposedly been removed for cleaning. Dean Griswold’s 10:00am class experienced the portrait in situ, which is memorialized in the photograph below. The prank received front page coverage in the Law School’s student paper the following week. Sadly, by the time the article went to press no one knew of the painting’s whereabouts.

Langdell South Middle Classroom, 1948

Dean Griswold can be seen in the lower left corner of the photograph. 
Miscellaneous Groups and Events Collection, Box 2
Historical & Special Collections, Harvard Law School Library

 

The portrait of Baron Ellesmere is currently in storage but we know that it was eventually returned to its frame and remained on display in the Langdell South Middle classroom until at least the 1950s, thanks to this photograph. You can see the left side of the painting on the far right of the photograph. For those wondering what he looked like, we have other images of Egerton in the collection, including the engraving below.

Sir Thomas Egerton

Sir Thomas Egerton, Baron Ellesmere and Viscount Brackley, 1615?
Record ID: olvwork177013

Mrs. Hussey-Forbes believes that Griswold confiscated the portrait and hopeful that it might have made it into our collection she has contacted the Law School and other Harvard sources for more than 60 years trying to get more information. Sadly, we have not found it but it seems the incident did make an impression on Griswold, who memorialized it in a scrapbook of clippings, pamphlets, and photographs now in our collection. Griswold wasn’t the only one interested in the prank; the story spread from coast to coast and reached newspapers in California, Colorado, Nebraska, and Indiana just to name a few places. Mrs. Hussey-Forbes has written a memoir that includes the story of the painting and more recently published a blog post on the incident. She was kind enough to speak with me and shared a few more details that didn’t make it into the original news coverage. Vera’s relationship with HLS started long before the prank; she grew up on Everett Street and has memories of running through Langdell Hall as a kid. After the prank, Look magazine contacted her about doing a story, which they hoped would include Griswold giving the painting back to her. But when Vera contacted Dean Griswold to see if this was a possibility his response was that he would only give the painting back if she gave him the names of the pranksters. Vera refused and that was the end of the Look piece.

It is important to note that this prank was pulled off two years before Harvard Law School admitted its first class of women. Thankfully times have changed and multiple portraits of actual female judges adorn the walls of the school and their presence is neither a joke, nor an anomaly like Lady Ellesmere’s brief appearance in 1948.

Correction: April 25, 2016
This post incorrectly stated that Mrs. Hussey-Forbes first contacted Historical & Special Collections eight years ago. In fact she had been contacting numerous Harvard sources for the last 68 years with no success. Thanks to Mrs. Hussey-Forbes’ persistence in bring the story to light and recent digitization efforts, I was able to locate the article published in the Law School student paper, which served as the starting point for further research.

In Ruhleben Camp: A magazine by any other name…

In Ruhleben Camp follows the production schedule of the magazine created by prisoners at Ruhleben, an internment camp for British civilians in Germany during WWI. Around the time that an issue of the magazine was released a hundred years ago, Marissa Grunes will post highlights from that number and tell part of its story.

Cover. The Ruhleben Camp Magazine, No. 1, March 1916. Masterman Coll., Box 2 Seq. 608

Cover. The Ruhleben Camp Magazine, No. 1, March 1916. Masterman Coll., Box 2 Seq. 608

As March crept in, Ruhlebenites gratefully heralded the return of spring—and of their camp magazine along with it. Following a two-month hiatus, In Ruhleben Camp (IRC) returned under new editorial guidance, and freshly re-christened The Ruhleben Camp Magazine (RCM). As the slight shift towards formality suggests, a few things had changed, but not much.

The cover illustration gives the first hint that the same wry spirit prevails. As we discussed at the beginning of this series, the cover of In Ruhleben Camp’s inaugural issue back in June 1915 had sported a clever example of the “Droste effect,” a graphical technique popularized in advertising around the turn of the twentieth century. The cover had shown a man reading from an issue of IRC, on whose cover was visible a smaller image of the same man holding the same magazine, on whose cover one could imagine the same man…and so on ad infinitum.

The newly renamed Ruhleben Camp Magazine recreates this gambit for its own cover, except that the voluble Ruhlebenite is replaced by an unusually literate March hare, suggesting one thing that Ruhlebenites might be as mad as (Masterman Coll., Box 2 Seq. 608). The picture seems to shout: “Remember us? We’re back!”

Back with a familiar cast of characters, too. “The Mad Hatter” (now styling himself number “2”) continues gleefully mocking the antics of the Debating Society; the famous footballer Fred B. Pentland still reports sagely on the camp’s favorite game; a number of sketches bear the impress of a familiar hand, with chicken scratch signatures conjuring up the usual suspects.

Moreover, the new editor echoes his predecessor T. Arthur Barton in lamenting that the camp’s best writers are withholding their talent, forcing the editor to ply his pen to fill up pages. But just who is this new editor? A few former internees who were also the camp’s earliest historians, Israel Cohen, Francis Gribble, and the former “Captain of the Camp” Joseph Powell, identify the new editor as L.E. Filmore—perhaps the most beloved parodist in the camp, and a regular contributor to the magazine (Cohen, p. 156; Powell and Gribble, p. 212). Yet the man who signs off as editor in the Xmas 1916 issue is one C.G. Pemberton (Masterman Coll., Box 2 Seq. 799).

The reasons for the shake-up are also mysterious: the former editor T.A. Barton continues contributing to the magazine, which remains under the aegis of the Education Committee. If there had been any reshuffling of leadership or finances in the Education Committee, no chroniclers (that I have found) thought it worth mentioning, and the new editor diplomatically emphasizes continuity over difference. Moreover, in a “Publisher’s Notice,” the Education Committee chisels the magazine’s core commandments onto the first pages of RCM: that “as far as possible the magazine shall appear punctually, that it shall be produced by the co-operation of all those in the Camp who are able and willing to assist, and shall express the true sentiment of the interned,” in order to offer “diversion from the tedium of the prisoner’s life.” As part of a “fresh effort” to follow these commandments, and “in witness of the renewal of the paper’s original purpose,” the Committee announces that it “has made some changes which include that of its title” (Masterman Coll., Box 2 Seq. 610).

Yet, as Powell and Gribble write in their joint history, “what differences of policy the editors may have been pursuing, I do not know; but the visible characteristics of the two papers do not seem widely opposed.” They share a sprightly resilience, it seems: “both were illustrated, and always light in tone and touch—always, one might say, modern. They took few things au grand sérieux” (Powell and Gribble, pp. 212-213).

Continuity of purpose was one of those few things taken with great seriousness, and at least one reader took this continuity seriously as well. A letter to the editor, published in this issue, renews the old protest against expensive theatre performances that boxed poorer internees out of warm indoor spaces. “Take up the cudgels once again in favour of” cheaper seats, the writer exhorts the editor, citing earlier issues of “your paper” that had championed this cause (Masterman Coll., Box 2 Seq. 648). And The Ruhleben Camp Magazine seems inclined to do just that. Already the first issue has taken up the satire and public debate once wielded by its predecessor, and sallied forth to do battle with boredom and camp grievances, trumpeting the Ruhleben motto: “Are we downhearted? No!”

Bibliography & Further Reading

Cohen, Israel. The Ruhleben Prison Camp: A Record of Nineteen Months’ Internment. New York: Dodd, Mead and Company, 1917.

Powell, Joseph and Francis Henry Gribble. The history of Ruhleben: the record of British organisation in a prison camp. London: W. Collins Sons & Company Ltd., 1919.

Marissa Grunes is a PhD candidate in English Literature at Harvard University, focusing on transatlantic literature of the late 19th and early 20th centuries. Her dissertation project explores frontier architecture in 19th century poetry, fiction, and non-fiction of the United States.

HLS Students, you love standing desks: tell us more!

We know you love standing desks, and we’re planning to get some more of them. To make informed purchasing and placement decisions, we need to find out more about which style(s) you prefer.

Please help us out by taking our 3-question standing desk survey. One of the questions gives you a space to write in thoughts and comments.

As an additional note, we are trialing checking out some corrugated cardboard bi-level standing desks (the middle picture below) at the Circulation Desk. They fold flat for easy storage and can be recycled if they wear out. Check one out and let us know what you think!

standing desks all

The Money Problem: A Book Talk with Morgan Ricks

The HLS Library is co-sponsor of a book talk next week.

The Money Problem: A Book Talk with Morgan Ricks

12:00 PM, April 6

Langdell North 225 Vorenberg Classroom

Lunch Provided

Morgan Ricks, Associate Professor of Law at Vanderbilt and a senior policy adviser at the US Treasury Department from 2009-10, will speak about his new book, The Money Problem: Rethinking Financial Regulation. Professor Ricks argues that financial instability is primarily a problem of monetary system design and offers a novel take on shadow banking.

A preview of the book, including the introduction, is available here.

See also the Facebook event page.

852 RARE: David Sewall: Lawyer, Federal Judge, Weather Aficionado

It’s spring break at Harvard, although March can bring decidedly un-springlike weather to New England. After an unusually mild winter (except for one weekend of record-breaking cold), the first weekend of spring break started off as mild and sunny as a fine day in late April, and is now, well, very March-like. Weather is a perennial topic of conversation in New England (and everywhere else?). It affects us all and is a topic of conversation anyone can participate in and on which everyone seems to have an opinion.

Of all seasons, winter is perhaps especially ripe for discussions, whether one is marveling at, cursing, or boasting about record snowstorms, record cold, unseasonable warmth, and everything in between. Not surprisingly there’s nothing new about the weather as a rich source of conversation. As we approach the vernal equinox on March 20th this year, here’s a glimpse into the meteorological musings of David Sewall (1735-1825). Sewall was a 1755 Harvard graduate (and classmate of John Adams), a lawyer, and a judge, appointed by George Washington to the U.S. District Court for the District of Maine in 1789, a position he held until his resignation in 1818.

Historical & Special Collections has a letter from Sewall, written from his home in York, Maine (then part of Massachusetts) to an unidentified correspondent, on January 17, 1795.

HOLLIS 2204095_p1

Sewall begins with the acknowledgement of a small book, then talks of politics. But soon the topic of the weather slips in, when in the third or fourth line, he comments: “The month of December as to mildness and agreeableness of weather has surpassed any that the most ancient among us, can recollect. We have now scarcely enough for slaying [sleighing] ….” Shortly thereafter Sewall turns back to politics and government, pondering Alexander Hamilton’s intention to resign as Secretary of State at the end of the month. He mentions meeting and conversing with the Rev. David Osgood (1747-1822) in a public house in Woburn (Mass.) and discusses court and legislative issues. But the next day, a Sunday, when he picks up his pen to continue the correspondence, his opening line sets the tone for most of the rest of the letter.

HOLLIS 2204095_p2-3

“Last Evening we had a pretty fall of light snow … The cold increases and N.N.W. wind blows about the Snow considerably this Evening.” He asks “how comes it that we ever have snow?” and launches into a long, detailed, and thoughtful musing on trade winds, precipitation, temperatures, and weather patterns along the eastern coast of the United States. He marvels at having “known the thermometer to be at 6° below 0 and in less than 9 hours to be above the freezing point” and notes that “I have known the snow to dissolve faster toward the close of Winter with a Southerly Wind of 24 hours (or a little longer) continuance than with a moderate Rain, of the same duration.” Had he lived in our era, the good judge from Maine may have settled down at the end of a long day to watch the Weather Channel.

Scanning Nuremberg: the role of staff officers

Post by Matt Seccombe, March 2, 2016

Scanning Nuremberg shares the observations and insights of Matt Seccombe, Nuremberg Trials Project Metadata Manager/Document Analyst, as he analyzes documents for digitization as part of the HLS Library’s Nuremberg Trials Project website

During February, I completed the documents for one defendant in the Hostages Case, Foertsch, and most of the documents for another, von Geitner. These amounted to 193 documents and 895 pages of material. Both defendants were staff officers rather than commanding officers, which was a major point for them and a key distinction for the tribunal, but staff officers still had an overview of events and also a major responsibility that was relevant in the trial: preparing reports to be sent to the military high command.

How to wage a dirty war: The defendants uniformly claimed that they wished to establish an orderly occupation of Yugoslavia by honorable and legal means, but the papers have more candid moments. The general perception was that the religious and ethnic history of the region made it, as one affidavit noted, “this witches’ kettel and chaos.” Hence the Hitler/Keitel order for massive reprisal killings in cases of resistance. General Loehr, when briefed about food supplies, commented, “a starving population loses its appetite for rebellion.”

Who’s who: The single hardest part of Nuremberg document analysis is identifying authors with incomplete, ambiguous, and contradictory information, of which there is an abundance. We have the case of Christoph von Auer, clearly identified in an affidavit, and “W. Auer (?),” a queried name in a wartime document. They held the same position, at the same place, at the same time, and I am 90% sure they were the same person. Ninety percent is not 100%, however, so in the relevant documents I kept the two names distinct as separate authors, and added a Note indicating the likely connection between the two. In contrast is the good German name Wolfgang Cartellieri—spelled three different ways. There was enough information to establish that there was only one person (and multiple typos), so only one name is listed. Speaking of names, one key source of evidence had a name so long that it broke the database, exceeding the space allotted for names: Friedrich-Ferdinand, Prinz du Schleswig-Holstein-Gluecksberg.

Creative writing: Chief staff officers were required to prepare the frequent reports that their commanding generals sent to army and military headquarters. Headquarters expected to receive reports on reprisal actions following guerrilla attacks and sabotage, according to the Hitler/Keitel order, and of course the Nuremberg prosecutors submitted these reports as evidence. Some of the defendants argue (fairly persuasively) that some of those reports were crafted to satisfy headquarters that reprisal killings had been conducted when in fact they hadn’t, or had been much less than the 100 to 1 ratio ordered for attacks on Germans. In one document these were mentioned as “Fictitious shootings.” The officers in the field did not object to reprisals morally, since the tactic was standard doctrine for an occupying army in hostile territory, but they often noted that killing civilians outraged the local population rather than pacified it, and sometimes there were not enough civilian hostages on hand to meet the quota. One tactic was to count partisans killed in battle as reprisal killings in order to meet the target without killing civilians; another was to report a German killed in a guerrilla attack (which would call for 100 reprisal killings) as a battle casualty instead; a third was simply not to report many sabotage episodes, forestalling the issue. We might call these “fictitious reports.”

Although the digitization of the remaining trials will also be complete by the end of this year, they will require analysis and tagging work before they can be released to the public.  We hope to complete this work as soon as possible based upon available funding. For more information about this project, please contact Kim Dulin.

Celebrate Fair Use Week!

The third annual Fair Use Week, sponsored by the Harvard Library Office for Scholarly Communication (OSC), is here!

fairuseweeklogoWait, what is Fair Use? To paraphrase from the Harvard University OGC Copyright website, Fair Use is the right to use a copyrighted work under certain conditions without permission of the copyright owner to prevent a rigid application of copyright law that would stifle the very creativity the law is designed to foster.

There are many events underway–here are some highlights!

Follow the conversation on the OSC’s copyright blogFair Use Week Tumblr, and Fair Use Week Twitter feed, where we will release details about the coveted Fair Use Week tote giveaway.

February 24

Association of Southeastern Research Libraries webinar, Mitigating Risk at the Front Lines: The Library Copyright First Responders Program at 2:00; Speaker, Kyle K. Courtney

February 25

Florida State University’s Publish or Perish: Conversations on Academic Publishing Symposium keynote address, “Where Will Publishing Be in 2030? A Look to the Future” at 2:45; Speaker, Kyle K. Courtney

February 26

Florida State University Institute on Copyright in Higher Education keynote address, “Fair Use: Past, Present, and Future of a Critical Legal Right” at 9:20 (watch the live webcast); Speaker Kyle K. Courtney

Find the full details for the week at the OSC Fair Use Week website.