Et. Seq: The Harvard Law School Library Blog

Book Talk: The Futility of Law and Development: China and the Dangers of Exporting American Law, Tue., Oct. 3, at noon

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of The Futility of Law and Development: China and the Dangers of Exporting American Law (Oxford Univ. Press, 2015) by Jedidiah J. Kroncke, Professor, FGV Sao Paulo School of Law.  Copies of The Futility of Law and Development will be available for sale and Professor Kroncke will be available for signing books at the end of the talk.  This talk is co-sponsored with East Asian Legal Studies program at Harvard Law School and with the Harvard Law School Center on the Legal Profession.

Futility of Law and Development poster

Tuesday, October 3, 2017 at noon, with lunch
Harvard Law School Room WCC 2019 Milstein West B (Map & Directions)
1585 Massachusetts Ave., Cambridge, MA

About The Futility of Law and Development: China and the Dangers of Exporting American Law

“For all the attention paid to the Founder Fathers in contemporary American debates, it has almost been wholly forgotten how deeply they embraced an ambitious and intellectually profound valuation of foreign legal experience. Jedidiah Kroncke uses the Founders’ serious engagement with, and often admiration for, Chinese law in the Revolutionary era to begin his history of how America lost this Founding commitment to legal cosmopolitanism and developed a contemporary legal culture both parochial in its resistance to engaging foreign legal experience and universalist in its messianic desire to export American law abroad. Kroncke reveals how the under-appreciated, but central role of Sino-American relations in this decline over two centuries, significantly reshaped in the early 20th century as American lawyer-missionaries helped inspire the first modern projects of American humanitarian internationalism through legal development. Often forgotten today after the rise of the Chinese Communist Party in 1949, the Sino-American relationship in the early 20th century was a key crucible for articulating this vision as Americans first imagined waves of Americanization abroad in the wake of China’s 1911 Republican revolution.

Drawing in historical threads from religious, legal and foreign policy work, the book demonstrates how American comparative law ultimately became a marginalized practice in this process. The marginalization belies its central place in earlier eras of American political and legal reform. In doing so, the book reveals how the cosmopolitan dynamism so prevalent at the Founding is a lost virtue that today comprises a serious challenge to American legal culture and its capacity for legal innovation in the face of an increasingly competitive and multi-polar 21st century. Once again, America’s relationship with China presents a critical opportunity to recapture this lost virtue and stimulate the searching cosmopolitanism that helped forge the original foundations of American democracy.” — Oxford University Press

Panelists

Jedidiah J. Kroncke

 

 

Jedidiah J. Kroncke, Professor, FGV Sao Paulo School of Law (Brazil)

 

David Armitage

 

 

David Armitage, Harvard University Lloyd C. Blankfein Professor of History

 

Intisar A. Rabb

 

Intisar A. Rabb, Professor of Law, Director, Islamic Legal Studies Program, Susan S. and Kenneth L. Wallach Professor, Harvard University Radcliffe Institute for Advanced Study, Professor of History, Harvard University Faculty of Arts and Sciences

 

Xiaoqian Hu

 

 

Xiaoqian Hu, Harvard Law School

 

William P. Alford

 

 

William P. Alford, Vice Dean for the Graduate Program and International Legal Studies, Henry L. Stimson Professor of Law, Director, East Asian Legal Studies Program, and Chair, Harvard Law School Project on Disability

More About The Futility of Law and Development: China and the Dangers of Exporting American Law

“Kroncke recovers a wide-ranging legal cosmopolitanism as the least appreciated, if not outright ignored, of our Founders’ shared commitments. Using transnational sources wholly unappreciated to date, he artfully reveals through the Sino-American relationship how this virtue was lost through interwoven transformations in American legal, religious, and diplomatic history. A work whose lessons need by heeded by all those concerned with preserving American law’s historical vibrancy in the contemporary era, or with how we conceive of America’s role in the international world.” — William E. Nelson, Edward Weinfeld Professor of Law, New York University School of Law

“Beautifully written, The Futility of Law and Development is bracing, erudite, and genuinely original. Even those familiar with development or Sino-American relations will be astonished at how much they learn. Jedidiah Kroncke is not only one of the most important and insightful China scholars of his generation, but also of comparative law and legal globalization. A tour-de-force of international legal history with urgent implications for modern American legal culture.” — Amy Chua, John M. Duff, Jr. Professor of Law, Yale Law School

“Americans keep hoping that projects to export our law will be the key to spurring economic growth and liberal rights in developing countries. The projects keep failing, yet the hope always revives. Kroncke’s brilliant exploration of two centuries of American lawyers’ engagement with China helps to explain why: the missionary-lawyers are the direct secularized heirs of lawyer-missionaries, just as confident in the universal validity of their models and impervious to the true lessons of their experiences. He recovers a time when a more cosmopolitan America was willing to learn from other societies, even while aspiring to be an exemplar of republican democracy.” — Robert Gordon, Professor of Law, Stanford University and Chancellor Kent Professor of Law and Legal History, Yale University

“What an impressive read! Kroncke’s book is comparative law at the best of its potential. History, thick explanation, critique, and new possibilities. The reader will realize how the missionary precursors of the Wilsonian era reshaped the very nature of American comparative law and, ever since, American law’s problematic relationship with the international world. Understanding our disciplinary shortcomings is the best medicine for overcoming them.” — Ugo Mattei, Alfred and Hanna Fromm Professor of International and Comparative law, UC Hastings

“[Futility] is a sophisticated critical dissection of the drawbacks of American legal export…a much a loss for the U.S. as for the world, because it has foreclosed the willingness of politicians and lawyers to see such complexity as an invitation for U.S. internal domestic experimentation and renewal. The book offers a beautiful reconstruction of the American legal imagination and approach to China…a provocative retelling of the history of American legal export, one that no doubt will generate fruitful debate and will have to be reckoned with by legal historians, legal comparativists, and scholars of U.S. foreign policy.” — Aziz Rana, JOTWELL

“Although The Futility of Law and Development is primarily a historical work, its contemporary significance is clear. It is a crucial time to reflect on the rocky record of America’s engagement with China’s legal system. U.S.-China relations stand at a critical juncture with simultaneous substantial interdependence and palpable tension. Members of the U.S. government, nongovernmental organizations, and academia whose work involves China’s legal system would be wise to take pause and put The Futility of Law and Development on their bedside tables.” —  Mary K. Lewis, Seton Hall University, China Review International

 

 

HLS students: You’re invited to Love Your Library Fest on September 22

HLS Students: we invite you to join us for the 13th annual Love Your Library Fest on Friday, September 22 from 2 to 5pm to learn more about your new library!

At Library Fest you will:

  • Learn about library services that students love
  • Get the scoop on how our Library Innovation Lab is making the law more accessible
  • Tell us how to improve our website
  • See unique items from our Historical & Special Collections
  • Meet our legal information vendors and staff from other Harvard libraries

Library Fest Heart by Alethea Jones

Art by Alethea Jones

Visit three or more stations to get a free movie ticket (HLS students only; one ticket per student) and for each station you visit, get an entry into our raffle for a Taste of New England gift basket (two each for JD and LLM/SJD students)–with a bonus raffle entry if you visit all stations!

In addition to the grand prizes, there will be candy, treats, and some fun HLSL swag!

Mark your calendars and we’ll see you there!

Book Talk: The Indian Legal Profession in the Age of Globalization, Thur. Sept. 28, at noon

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of The Indian Legal Profession in the Age of Globalization: The Rise of the Corporate Legal Sector and its Impact on Lawyers and Society (Cambridge Univ. Press, May, 2017) edited by David B. Wilkins, Vikramaditya S. Khanna, and David M. Trubek. Copies of The Indian Legal Profession in the Age of Globalization will be available for sale and Professors Wilkins and Khanna will be available for signing books at the end of the talk.  This talk is co-sponsored with the Harvard Law School Center on the Legal Profession and the Harvard University South Asia Institute.

Thursday, September 28, 2017 at noon, with lunch
Harvard Law School Room WCC 2036 Milstein East A/B (Campus Map & Directions)
1585 Massachusetts Ave., Cambridge

About The Indian Legal Profession in the Age of Globalization

“This book provides the first comprehensive analysis of the impact of globalization on the Indian legal profession. Employing a range of original data from twenty empirical studies, the book details the emergence of a new corporate legal sector in India including large and sophisticated law firms and in-house legal departments, as well as legal process outsourcing companies. As the book’s authors document, this new corporate legal sector is reshaping other parts of the Indian legal profession, including legal education, the development of pro bono and corporate social responsibility, the regulation of legal services, and gender, communal, and professional hierarchies with the bar. Taken as a whole, the book will be of interest to academics, lawyers, and policymakers interested in the critical role that a rapidly globalizing legal profession is playing in the legal, political, and economic development of important emerging economies like India, and how these countries are integrating into the institutions of global governance and the overall global market for legal services.” — Cambridge University Press

Panelists

David Wilkins

 

David B. Wilkins
Lester Kissel Professor of Law, Faculty Director of the Center on the Legal Profession, Vice Dean for Global Initiatives on the Legal Profession, Harvard Law School. He is also a Senior Research Fellow of the American Bar Foundation and a Fellow of the Harvard University Edmond J. Safra Foundation Center for Ethics.

 

Vikramaditya Khanna

 

Vikramaditya S. Khanna
William W. Cook Professor of Law, University of Michigan Law School, Faculty Director of the Directors’ College for Global Business and Law, and co-director of the Joint Center for Global Corporate and Financial Law and Policy, at the University of Michigan Law School

 

Commentator

Tarun Khanna

 

 

Tarun Khanna
Jorge Paulo Lemann Professor, Harvard Business School; Director, South Asia Institute, Harvard University

Book Talk: Law, Religion, and Health in the United States, Wed. Sept. 27, at noon

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of Law, Religion, and Health in the United States (Cambridge Univ. Press, June 30, 2017) edited by Holly Fernandez Lynch, I. Glenn Cohen, and Elizabeth Sepper.  Copies of Law, Religion, and Health in the United States will be available for sale and Professors Cohen and Sepper will be available for signing books at the end of the talk.  This talk is co-sponsored with The Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School.

Poster for Law, Religion, and Health book talk

Wednesday, September 27, 2017 at noon, with lunch

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

About Law, Religion, and Health in the United States

“While the law can create conflict between religion and health, it can also facilitate religious accommodation and protection of conscience. Finding this balance is critical to addressing the most pressing questions at the intersection of law, religion, and health in the United States: should physicians be required to disclose their religious beliefs to patients? How should we think about institutional conscience in the health care setting? How should health care providers deal with families with religious objections to withdrawing treatment? In this timely book, experts from a variety of perspectives and disciplines offer insight on these and other pressing questions, describing what the public discourse gets right and wrong, how policymakers might respond, and what potential conflicts may arise in the future. It should be read by academics, policymakers, and anyone else – patient or physician, secular or devout – interested in how US law interacts with health care and religion.” — Cambridge University Press

Panelists

Glenn Cohen

 

 

 

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

 

Diane L. Moore

 

 

 

Diane L. Moore
Director of the Religious Literacy Project, Lecturer on Religion, Conflict, and Peace, and Senior Fellow at the Center for the Study of World Religions, Harvard Divinity School

 

Elizabeth Sepper

 

 

 

 

Elizabeth Sepper (co-editor)
Professor of Law, Washington University School of Law)

 

Moderator

Intisar A. Rabb

 

 

 

Intisar A. Rabb
Professor of Law and History; Director of the Islamic Legal Studies Program, Harvard Law School; Susan S. and Kenneth L. Wallach Professor, Harvard University Radcliffe Institute for Advanced Study

 

More About Law, Religion, and Health in the United States

‘Health care – in particular, care related to sexuality and procreation – has become the epicenter of the struggle to define religious liberty in America. From insurance mandates to professional autonomy, from refusing reproductive care to ‘treating’ homosexuality, and from defining life to defining death, Law, Religion, and Health in the United States is essential reading.’ — R. Alta Charo, Sheldon B. Lubar Distinguished Research Chair and Warren P. Knowles Professor of Law and Bioethics, University of Wisconsin, Madison

‘This timely volume addresses a wide array of deep religious, ethical, legal, and technological quandaries that swirl around the increasingly complex world of health care in the United States. Bringing together top scholars from divergent disciplines and perspectives, this book will be essential reading for those who wrestle with power over life and death in a divided country where there are no one-size-fits-all answers.’ — Sarah Barringer Gordon, Arlin M. Adams Professor of Constitutional Law and Professor of History, University of Pennsylvania

852 Rare: Recently opened Modern Manuscript collections

Historical & Special Collections is pleased to announce several new Modern Manuscript collections now open for research.  This material dates from the late nineteenth century to the present day and spans the legal history of the United States and other countries.  The collections include both professional and personal papers that document the work of Harvard Law School faculty and graduates. Together these collections present a subset of the over 200 Modern Manuscript collections held by Historical & Special Collections.

The Lloyd L. Weinreb Papers cover the entirety of Weinreb’s professional career as professor, lawyer, and author. The collection spans the 1960s to 2010s, and contains correspondence, teaching materials, reports, publications, and photographs. The majority of the collection is professional in nature, though there is a small quantity of personal materials.

The Gary J. Greenberg Papers span the years 1967-1973. From 1967-1969, he worked as a Senior Trial Attorney in the Civil Rights Division of the Department of Justice. The material dated after this time reflects Greenberg’s ongoing interest and involvement in civil right issues; specifically, busing and school segregation. The collection contains correspondence, case files, clippings, publications, memos, and notes. The material is primarily professional in nature. Gary Greenberg graduated from HLS in 1966.

The Andrzej Henryk Wojcik Collection of Cuban criminal and civil court documents cover two separate periods of time and two different aspects of the Spanish colonial magistrate system in Cuba.. There are 88 criminal cases from 1890, which were decided by a panel of three colonial magistrates. Additionally, there are 119 civil court cases from 1881, which were decided by a panel of either three or five colonial magistrates.

The David Charny Papers span the years 1971-2000 with the bulk of the materials falling between the years of 1985 and 2000. The collection contains teaching material, research notes, paper drafts by Charny and others, correspondence, and other professional material.

Jeffrey Toobin research collection, 1984-2012 consists of material for his book, American Heiress: the wild saga of the kidnapping, crimes and trial of Patty Hearst. It is a comprehensive collection of material about Patty Hearst and the Symbionese Liberation Army. Jeff Toobin graduated from HLS in 1986.

And an original letter written by Oliver Wendell Holmes, Jr. to Lady Clare Castletown that will complement the 49 letters currently held by Historical & Special collections. (The letter will be open to researchers after conservation work has been completed.)

These collections are open to all researchers. Anyone interested in using the collection should contact Historical & Special Collections to schedule an appointment.

 

 

 

Library Closed July 3-4

The Library will be closed for Independence Day on Monday, July 3 and Tuesday, July 4, resuming our regular service on Wednesday, July 5 at 8am.

 For FAQ and research guides in our absence, please visit Ask a Librarian.

The flag carried by Oliver Wendell Holmes, Jr. during the Civil War. The flag now hangs on the fifth floor of the library, across from Areeda 524.

Evidence in Ink

One of the pleasures of cataloging, especially of older books and manuscripts, is coming across unexpected traces of earlier times and lives. Scraps of an early manuscript liturgy or an almanac used in a binding; a series of former owners’ signatures vying for attention on a title page; enigmatic annotations in the margins; or even an eighteenth century butcher’s invoice used as a bookmark. All these are examples of evidence of the unique history contained in any single book or manuscript.

But a copy of at least one early canon law book in the collection—an exhaustive work on the Decretales of Pope Gregory IX printed in 1487-1488—bears evidence of a moment before it was even printed.  It also documents, perhaps, the momentary inattention of a worker in the busy Basel print shop of Johannes Amerbach.  Appearing at the bottom right corner of a page in part 1 is the unmistakable smudge of a fifteenth century ink ball.

Detail from part 1, leaf 2b3r of Niccolò,de’ Tudeschi’s Lectura super V libris Decretalium (Basel, Johannes Amerbach, 1488), copy 1 (Ad T256l 488 H12315), Harvard Law School Library.

In the era of hand-operated printing presses leather ink balls, stuffed with wool and attached to a handle, were used to evenly ink the plates prior to printing. It was hard, repetitive work.

By Jost Amman – “Eygentliche Beschreibung aller Stände auff Erden, hoher und nidriger, geistlicher und weltlicher, aller Künsten, Handwercken und Händeln …”, Public Domain, https://commons.wikimedia.org/w/index.php?curid=207246

Of course, having an ink ball come in contact with paper was not standard procedure. Surely it must have been noticed at some point in the printing process. Perhaps the paper was too costly to discard or the pressure to move the job along was too strong. But whatever the reason, we now have a visible reminder of hand press era technology and a moment of distraction almost 530 years ago.

Continued support for the Caselaw Access Project

Harvard Law School launched the Caselaw Access Project in 2015 to digitize the Harvard Law School Library’s complete collection of U.S. case law and to make the materials in that collection available online for free. We’ve been able to undertake this ambitious project — covering 44,000 volumes — with the support of Ravel Law, a legal research and analytics platform. In the time since and according to a detailed agreement between them, Harvard Law School and Ravel Law together have digitized nearly 40 million pages of published court decisions, and today the work continues to convert those digital images into machine-readable text to allow searching as well as display.

This week Ravel was acquired by LexisNexis. LexisNexis has affirmed its commitment to continuing Ravel Law’s support for and fulfillment of the objectives of the Caselaw Access Project, including providing open access to all of the digitized cases.

“We embarked on this project knowing that a startup as smart and bold as Ravel Law could be acquired by any number of businesses, including those long involved in commercial legal research. Our agreements were inked with these possibilities in mind, and key benefits and obligations of those agreements will now flow to LexisNexis,” said Jonathan Zittrain, the George Bemis Professor of International Law at Harvard Law School, and Vice Dean for Library and Information Resources. “We look forward to completing this project according to its long-planned timetable, and to exploring other opportunities with anyone interested in promoting free and open access to primary legal materials, which in turn promotes the cause of justice.”

And all of us at the HLS Library congratulate the team at Ravel, including its leaders Daniel Lewis and Nik Reed, for the pathbreaking work they’ve done.

Scaling Up Perma.cc: Ensuring the Integrity of the Digital Scholarly Record

Earlier this year, the HLS Library Innovation Lab received a grant from the Institute of Museum and Library Services (IMLS) to scale up our Perma.cc tool, which helps scholars, journals, courts, and others create permanent records of the web sources they cite.

If you’re curious to learn more about our plans for further developing Perma.cc, you can read more about it in Scaling Up Perma.cc: Ensuring the Integrity of the Digital Scholarly Record in this month’s D-Lib Magazine, which is devoted to descriptions of projects funded by the IMLS.

Archiving Student Life: HLS Community Capture Project

This past semester, Historical & Special Collections (HSC) continued its efforts to collect material documenting student life at HLS. These efforts began in Spring 2016 and our commitment to the project has increased since then, thanks in large part to a Harvard Library S.T. Lee Innovation Grant. Student organizations are a vital part of the HLS community and we hope to capture and preserve as much as we can to help document the impact students have on HLS and support your work!

HSC currently holds only a few student organizations’ records, along with a variety of student organization newsletters and event flyers. In order to capture today’s campus activities, we need to think more broadly about collecting student-created material. Today, that broad mindset involves grappling with the vulnerability of digital material. Building relationships with both individuals and the organizations (that means you!) that create digital content is urgent if we hope to help preserve this material for the future.

Harvard Law School Women's History Month calendar, March 1994, HLS Ephemera Collection, box 4, folder 6

Women’s Law Association (WLA) Women’s History Month calendar, March 1994, HLS Ephemera Collection, Box 4, Folder 6

With funding made possible by the S.T. Lee Innovation Grants, Historical & Special Collections is investigating better methods for collecting born digital material from student organizations through the HLS Community Capture Project. A part-time project assistant started working with us in March of this year, which has enabled us to offer flexible meeting times with student organization leaders outside of the traditional 9 to 5. So far, we have talked to close to 30 student leaders about preserving student organization material and have created a LibGuide that brings together much of our existing student-created content. [Read More]

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