Announcements • Et. Seq: The Harvard Law School Library Blog

Faculty Book Talk: Martha Minow’s When Should Law Forgive?, Thursday, October 31st at noon

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of the recent publication of When Should Law Forgive? by Martha Minow (W. W. Norton & Co., Sept. 24, 2019).

Thursday, October 31, 2019, at noon
Harvard Law School Milstein East A/B
(Directions)
1585 Massachusetts Ave., Cambridge, MA
No RSVP required

Poster for When Should Law Forgive? book talk with image of book cover.

Martha Minow is the Harvard 300th Anniversary University Professor.

Professor Minow will be joined in discussion with commentators:

Homi K. Bhabha, Anne F. Rothenberg Professor of the Humanities in the Department of English, the Director of the Mahindra Humanities Center and the Senior Advisor on the Humanities to the President and Provost at Harvard University.

Toby Merrill, Lecturer on Law, Harvard Law School.

Carol Steiker, Henry J. Friendly Professor of Law and Faculty Co-Director of the Criminal Justice Policy Program at Harvard Law School.

Dehlia Umunna, Clinical Professor of Law and Faculty Deputy Director of the Criminal Justice Institute at Harvard Law School.

About When Should Law Forgive?

“Crimes and violations of the law require punishment, and our legal system is set up to punish, but what if the system was recalibrated to also weigh grounds for forgiveness? What if something like bankruptcy—a fresh start for debtors—were available to people convicted of crimes? Martha Minow explores the complicated intersection of the law, justice, and forgiveness, asking whether the law should encourage people to forgive, and when courts, public officials, and specific laws should forgive.

Who has the right to forgive? Who should be forgiven? And under what terms? Minow tackles these foundational issues by exploring three questions:

What does the international response to child soldiers teach us about the legal treatment of juvenile offenders in the United States?

Why are the laws surrounding corporate debt more forgiving than those governing American student and consumer debt, and sovereign debt in the developing world?

When do law’s tools of forgiveness, amnesties, and pardons strengthen justice, peace, and democracy (think South Africa), and when do they undermine law’s promise of fairness (think Joe Arpaio)?

There are certainly grounds for both individuals and societies to withhold forgiveness, but there are also cases where letting go of legitimate grievances can make the law more just, not less. The law is democracy’s girder beam, and Minow urges us to build forgiveness into the administration of our laws. Forgiveness, wisely exercised, can strengthen law, democracy, and respect for the humanity of each person.” — W. W. Norton & Co.

About Martha Minow

Martha Minow has taught at Harvard Law School since 1981, where her courses include civil procedure, constitutional law, family law, international criminal justice, jurisprudence, law and education, nonprofit organizations, and the public law workshop. An expert in human rights and advocacy for members of racial and religious minorities and for women, children, and persons with disabilities, she also writes and teaches about privatization, military justice, and ethnic and religious conflict.

Minow served as Dean of Harvard Law School between 2009-2017, as the inaugural Morgan and Helen Chu Dean and Professor. Minow co-chaired the Law School’s curricular reform committee from 2003 to 2006, an effort that led to significant innovation in the first-year curriculum as well as new programs of study for second- and third-year J.D. students. As dean, she strengthened public interest and clinical programs, diversity among faculty, staff, and students, interdisciplinary studies, and financial stability for the School. During 2017-2018, she held the Carter Chair in General Jurisprudence. In 2018, she became the 300th University Anniversary Professor in Harvard University. She serves on the advsiory boards for the new College of Computing and for the Media Lab at the Massachusetts Institute of Technology.

After completing her undergraduate studies at the University of Michigan, Minow received a master’s degree in education from Harvard and her law degree from Yale. She clerked for Judge David Bazelon of the United States Court of Appeals for the D.C. Circuit and then for Justice Thurgood Marshall of the Supreme Court of the United States. She joined the Harvard Law faculty as an assistant professor in 1981, was promoted to professor in 1986, was named the William Henry Bloomberg Professor of Law in 2003, became the Jeremiah Smith Jr., Professor of Law in 2005, and after her service as dean, became the Carter Professor Of General Jurisprudence in 2017. She is also a lecturer in the Harvard Graduate School of Education and Distinguished Service Professor at Harvard University.

Faculty Book Talk: In Hoffa’s Shadow: A Stepfather, a Disappearance in Detroit, and My Search for the Truth, Wednesday, October 30th at noon

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of the recent publication of In Hoffa’s Shadow: A Stepfather, a Disappearance in Detroit, and My Search for the Truth by Jack Goldsmith (Farrar, Straus & Giroux, Sept. 24, 2019).

Wednesday, October 30, 2019, at noon
Harvard Law School Milstein East B/C
(Directions)
1585 Massachusetts Ave., Cambridge, MA
No RSVP required

Poster for Jack Goldsmith's book talk, In Hoffa's Shadow with book cover and photograph of Jack Goldsmith.

About In Hoffa’s Shadow: A Stepfather, a Disappearance in Detroit, and My Search for the Truth

“As a young man, Jack Goldsmith revered his stepfather, longtime Jimmy Hoffa associate Chuckie O’Brien. But as he grew older and pursued a career in law and government, he came to doubt and distance himself from the man long suspected by the FBI of perpetrating Hoffa’s disappearance on behalf of the mob. It was only years later, when Goldsmith was serving as assistant attorney general in the George W. Bush administration and questioning its misuse of surveillance and other powers, that he began to reconsider his stepfather, and to understand Hoffa’s true legacy. In Hoffa’s Shadow tells the moving story of how Goldsmith reunited with the stepfather he’d disowned and then set out to unravel one of the twentieth century’s most persistent mysteries and Chuckie’s role in it. Along the way, Goldsmith explores Hoffa’s rise and fall and why the golden age of blue-collar America came to an end, while also casting new light on the century-old surveillance state, the architects of Hoffa’s disappearance, and the heartrending complexities of love and loyalty.” — Farrar, Straus and Giroux

About Jack Goldsmith

Jack Goldsmith is Henry L. Shattuck Professor of Law at Harvard University. He is the author, most recently, of The Terror Presidency: Law and Judgment Inside The Bush Administration (W.W. Norton 2007), as well as of other books and articles on many topics related to terrorism, national security, international law, conflicts of law, and internet law. Before coming to Harvard, Goldsmith served as Assistant Attorney General, Office of Legal Counsel, from October 2003 through July 2004, and Special Counsel to the General Counsel to the Department of Defense from September 2002 through June 2003. Goldsmith taught at the University of Chicago Law School from 1997-2002, and at the University of Virginia Law School from 1994-1997. He holds a J.D. from Yale Law School, a B.A. and M.A. from Oxford University, and a B.A. from Washington & Lee University. He clerked for Supreme Court Justice Anthony M. Kennedy, Court of Appeals Judge J. Harvie Wilkinson, and Judge George Aldrich on the Iran-U.S. Claims Tribunal.

Recent Reviews

“This is an incredible story, plainly rebutting the clear understanding of many that Charles O’Brien drove Jimmy Hoffa to his death, and offering a profoundly beautiful recognition of the nature of paternal love. This book will make you weep, repeatedly, for the injustice, and for the love.” —Lawrence Lessig, Harvard Law School Professor and author of They Don’t Represent Us and Republic, Lost

In Hoffa’s Shadow is a masterpiece and a page-turner—I couldn’t put it down. Brilliant, suspenseful, and deeply moving, it offers a personal view of one of the greatest unsolved crimes in American history. At the same time, it offers startling insights into organized crime, the labor movement, and the surprising origins of today’s surveillance state. Beautifully written and full of unexpected turns, this book is gripping and revelatory from start to finish.” —Amy Chua, Law School Professor and author of Battle Hymn of the Tiger Mother and Political Tribes: Group Instinct and the Fate of Nations

“A thrilling, unputdownable story that takes on big subjects—injustice, love, loss, truth, power, murder—and addresses them in sentences of beauty and clarity informed by deep thought and feeling. Goldsmith, one of the finest minds of his generation, has told an insane tale with a storyteller’s flair. This is one of the best works of autobiography that I’ve read in a very, very long time.” —Bill Buford, former fiction editor of The New Yorker and author of Heat and Among the Thugs

Faculty Book Talk: Taiwan and International Human Rights: A Story of Transformation, Tuesday, October 8th at noon

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of the recent publication of Taiwan and International Human Rights: A Story of Transformation, edited by Jerome A. Cohen, William P. Alford & Dr. Chang-fa Lo (Springer, June 8, 2019).

Tuesday, October 8, 2019, at noon
Harvard Law School Milstein East A/B
(Directions)
1585 Massachusetts Ave., Cambridge, MA
No RSVP required

This book talk is co-sponsored by the Harvard Law School Library and East Asian Legal Studies at Harvard Law School.

The book talk discussion will include:



Jerome A. Cohen
, Professor, NYU School of Law and Faculty Director, NYU U.S.-Asia Law Institute.


Dr. Chang-fa Lo

Dr. Chang-fa Lo, former Grand Justice of the Constitutional Court of the ROC (Taiwan) and former Dean, National Taiwan University Law School.


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

Commentators:

Steven Goldstein, Sophia Smith Professor of Government, Emeritus, Smith College and Fellow, Fairbank Center for Chinese Studies.

Dr. Yu-Jie Chen, Academia Sinica (Taiwan).

Dan Zhou, LL.M. ’16 and SJD candidate, Harvard Law School.

About Taiwan and International Human Rights: A Story of Transformation

“This book tells a story of Taiwan’s transformation from an authoritarian regime to a democratic system where human rights are protected as required by international human rights treaties. There were difficult times for human rights protection during the martial law era; however, there has also been remarkable transformation progress in human rights protection thereafter. The book reflects the transformation in Taiwan and elaborates whether or not it is facilitated or hampered by its Confucian tradition. There are a number of institutional arrangements, including the Constitutional Court, the Control Yuan, and the yet-to-be-created National Human Rights Commission, which could play or have already played certain key roles in human rights protections. Taiwan’s voluntarily acceptance of human rights treaties through its implementation legislation and through the Constitutional Court’s introduction of such treaties into its constitutional interpretation are also fully expounded in the book. Taiwan’s NGOs are very active and have played critical roles in enhancing human rights practices. In the areas of civil and political rights, difficult human rights issues concerning the death penalty remain unresolved. But regarding the rights and freedoms in the spheres of personal liberty, expression, privacy, and fair trial (including lay participation in criminal trials), there are in-depth discussions on the respective developments in Taiwan that readers will find interesting. In the areas of economic, social, and cultural rights, the focuses of the book are on the achievements as well as the problems in the realization of the rights to health, a clean environment, adequate housing, and food. The protections of vulnerable groups, including indigenous people, women, LGBT (lesbian, gay, bisexual, and transgender) individuals, the disabled, and foreigners in Taiwan, are also the areas where Taiwan has made recognizable achievements, but still encounters problems. The comprehensive coverage of this book should be able to give readers a well-rounded picture of Taiwan’s human rights performance. Readers will find appealing the story of the effort to achieve high standards of human rights protection in a jurisdiction barred from joining international human rights conventions.” — Springer

Read more…


Faculty Book Talk: Levinson and Balkin, Democracy and Dysfunction, Thursday, October 3rd at noon

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of the recent publication of Democracy and Dysfunction by Sanford Levinson and Jack M. Balkin (Univ. Chicago Press, Apr. 2019).

Thursday, October 3, 2019, at noon
Harvard Law School Milstein East B
(Directions)
1585 Massachusetts Ave., Cambridge, MA
No RSVP required

The book talk discussion will include:

Sanford Levinson


Sanford Levinson
is Visiting Professor of Law at Harvard Law School and W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law, University of Texas Law School.

Jack M. Balkin is the Knight Professor of Constitutional Law and the First Amendment, Yale Law School.

Commentators:

Jennifer L. Hochschild is the H.L. Jayne Professor of Government, Professor of African and African American Studies, and Harvard College Professor, Harvard University.

Steven Levitsky is Professor of Government, Harvard University.

About Democracy and Dysfunction

“It is no longer controversial that the American political system has become deeply dysfunctional. Today, only slightly more than a quarter of Americans believe the country is heading in the right direction, while sixty-three percent believe we are on a downward slope. The top twenty words used to describe the past year include “chaotic,” “turbulent,” and “disastrous.” Donald Trump’s improbable rise to power and his 2016 Electoral College victory placed America’s political dysfunction in an especially troubling light, but given the extreme polarization of contemporary politics, the outlook would have been grim even if Hillary Clinton had won. The greatest upset in American presidential history is only a symptom of deeper problems of political culture and constitutional design.

Democracy and Dysfunction brings together two of the leading constitutional law scholars of our time, Sanford Levinson and Jack M. Balkin, in an urgently needed conversation that seeks to uncover the underlying causes of our current crisis and their meaning for American democracy. In a series of letters exchanged over a period of two years, Levinson and Balkin travel—along with the rest of the country—through the convulsions of the 2016 election and Trump’s first year in office. They disagree about the scope of the crisis and the remedy required. Levinson believes that our Constitution is fundamentally defective and argues for a new constitutional convention, while Balkin, who believes we are suffering from constitutional rot, argues that there are less radical solutions. As it becomes dangerously clear that Americans—and the world—will be living with the consequences of this pivotal period for many years to come, it is imperative that we understand how we got here—and how we might forestall the next demagogue who will seek to beguile the American public.” — University of Chicago Press Books

New Exhibit, now open: Queering the Collection: LGBTQ+ History ca. 1600-1970

Many library collections contain rich stories of individuals across centuries who transgressed sexual and gender norms, as well as documentation of the people and systems against which they transgressed. These historical artifacts can help shape new narratives around queer history and identity, or enrich old ones. Coded language and oblique references may pose challenges to researchers, but there is a wealth of material to find on queer people throughout history.

Each case in the exhibit highlights a different approach to researching queer history: using known figures, embracing uncomfortable terms, being open to the unexpected, and using secondary sources. We explored a number of fascinating stories but our research barely scratched the surface. We encourage researchers to continue the exploration and hope this exhibit will give you some tools to get started.

The exhibit was curated by A.J. Blechner, Anna Martin, and Mary Person and will be on view daily, 9-5, in Harvard Law School Library’s Caspersen Room through February 14, 2020.

Check out a few highlights from the exhibit here: www.bit.ly/hlslqtc

Image credit: Mary Frith in detail from title page of: The Roaring Girle or Moll Cut-Purse, by Thomas Middleton and Thomas Dekker (London, 1611)

Faculty Book Talk: Lawrence Lessig, Fidelity & Constraint: How the Supreme Court Has Read the American Constitution, Wednesday, September 25th at noon

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of the recent publication of Fidelity & Constraint: How the Supreme Court Has Read the American Constitution by Lawrence Lessig (Oxford Univ. Press, May 1, 2019).

Wednesday, September 25, 2019, at noon
Harvard Law School Milstein East B/C
(Directions)
1585 Massachusetts Ave., Cambridge, MA
No RSVP required

Poster Fidelity & Constraint

About Fidelity & Constraint: How the Supreme Court Has Read the American Constitution

“The fundamental fact about our Constitution is that it is old — the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time.

In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of “interpretive fidelity,” framed within each new temporal context.

Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls “fidelity to role.” In each of the cycles of translation that he describes, the role of the judge — the ultimate translator — has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge’s perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice.

The first work of both constitutional and foundational theory by one of America’s leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.” — Oxford University Press

About Lawrence Lessig

Lawrence Lessig is the Roy L. Furman Professor of Law and Leadership at Harvard Law School.

Prior to rejoining the Harvard faculty, Lessig was a professor at Stanford Law School, where he founded the school’s Center for Internet and Society, and at the University of Chicago.

He clerked for Judge Richard Posner on the 7th Circuit Court of Appeals and Justice Antonin Scalia on the United States Supreme Court. Lessig serves on the Board of the AXA Research Fund, and on the advisory boards of Creative Commons and the Sunlight Foundation.

He is a Member of the American Academy of Arts and Sciences, and the American Philosophical Association, and has received numerous awards, including the Free Software Foundation’s Freedom Award, Fastcase 50 Award and being named one of Scientific American’s Top 50 Visionaries.

Lessig holds a BA in economics and a BS in management from the University of Pennsylvania, an MA in philosophy from Cambridge, and a JD from Yale.

Faculty Book Talk: Transparency in Health and Health Care in the United States: Law and Ethics, Monday, September 16th at noon

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of the recent publication of Transparency in Health and Health Care in the United States: Law and Ethics edited by Holly Fernandez Lynch, I. Glenn Cohen, Carmel Shachar & Barbara J. Evans (Cambridge Univ. Press, Apr. 30, 2019).

Monday, September 16, 2019, at noon
Harvard Law School Milstein West A (Directions)
1585 Massachusetts Ave., Cambridge, MA
No RSVP required

Poster, Transparency in Health and Health Care

The book talk discussion will include:

Panelists:

I. Glenn Cohen, James A. Attwood and Leslie Williams Professor of Law and Faculty Director, Petrie-Flom Center for Health Law, Biotechnology & Bioethics, Harvard Law School.


Holly Fernandez Lynch, John Russell Dickson, MD Presidential Assistant Professor of Medical Ethics and Health Policy, Assistant Faculty Director of Online Education, and Senior Fellow, Leonard Davis Institute of Health Economics, University of Pennsylvania Perelman School of Medicine.


Ameet Sarpatwari, Assistant Professor, Harvard Medical School; Associate Epidemiologist, Brigham & Women’s Hospital; and Assistant Director, Program On Regulation, Therapeutics, And Law (PORTAL), Division of Pharmacoepidemiology and Pharmacoeconomics, Brigham & Women’s Hospital.


Moderator:

Elena Fagotto, co-investigator, Project on Transparency and Technology for Better Health and former Director of Research, Transparency Policy Project, Ash Center for Democratic Governance and Innovation, Harvard Kennedy School of Government.


This talk is co-sponsored by the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School.

About Transparency in Health and Health Care in the United States: Law and Ethics

“Transparency is a concept that is becoming increasingly lauded as a solution to a host of problems in the American health care system. Transparency initiatives show great promise, including empowering patients and other stakeholders to make more efficient decisions, improve resource allocation, and better regulate the health care industry. Nevertheless, transparency is not a cure-all for the problems facing the modern health care system. The authors of this volume present a nuanced view of transparency, exploring ways in which transparency has succeeded and ways in which transparency initiatives have room for improvement. Working at the intersection of law, medicine, ethics, and business, the book goes beyond the buzzwords to the heart of transparency’s transformative potential, while interrogating its obstacles and downsides. It should be read by anyone looking for a better understanding of transparency in the health care context.” — Cambridge University Press

Read more…


New Research Guide: Critical Legal Studies

My new research guide on Critical Legal Studies was published today. It is available at
https://guides.library.harvard.edu/critical-legal-studies.

The guide features selected books and other resources, along with pre-populated HOLLIS library catalog searches using relevant subject and general keywords, for each of the following topics:

  • Critical Race Theory
  • Latina/o/x Critical Theory
  • Asian Critical Theory
  • Critical Indigenous Studies
  • Critical Whiteness Studies
  • Feminist Legal Theory
  • Queer Legal Theory
  • Critical Disability Theory
  • Intersectionality
  • Critical Discourse Analysis

I spent several months creating this guide, and it was an enlightening and worthwhile project. Of course, I learned a lot about critical legal studies itself, never having taken a class that falls under this discipline. However, perhaps more importantly, I also discovered much about my own biases and pre-conceptions. My work on this guide compelled me to think critically and carefully about the language we use to describe these concepts in law, and how that language, while it may be helpful in finding materials in a library catalog, might be offensive or othering to researchers.

I hope that people will find this guide to be a helpful introduction to research in this vitally important field of study. I also hope that it provides a useful gateway to the enormous amount of critical studies resources, including books, journals, articles, and other items, in the Harvard Law Library’s collection and those of the other libraries here at Harvard.

Final Days: HLS and the Bauhaus exhibit

Stop by the Harvard Law School Library to catch Creating Community: Harvard Law School and the Bauhaus before it closes! The exhibit is open weekdays 9 to 5 in Langdell Hall’s Caspersen Room through August 16, 2019.

Stay tuned for our next exhibit, Queering the Collection: LGBTQ+ History ca. 1600-1970, opening soon!

852 RARE: An Update on the Antonin Scalia Collection

Two years ago, the Harvard Law School Library received an extraordinary archival collection when the family of Justice Antonin Scalia decided to donate his papers here. As project archivist for the Scalia papers, I’ve been surveying and processing this remarkable collection, with the goal of identifying, processing, and making accessible those parts of the collection that will be open in 2020. To date, material that should be open next year includes:

  • Pre-Supreme Court files (1970-1986)
  • Correspondence (through 1989 only)
  • Speaking engagement and event files (through 1989 only)
  • Photographs (circa 1982-2016)
  • Miscellaneous files such as subject files and articles about Scalia (1986-2016)

I am currently working to process the more heavily restricted parts of the collection, which include records from Scalia’s time on the Court of Appeals for the District of Columbia Circuit (1982-1986) and the Supreme Court (1986-2016). Pending further review, a tentative estimate is that roughly half of the case files from Scalia’s four terms on the Court of Appeals may be opened at some point in 2020.

Scalia papers arriving at Harvard’s offsite storage, November 2017
Scalia papers arriving at Harvard’s offsite storage, November 2017

We will continue to post updates here as the project continues and welcome all inquiries. As is true for all archival collections at the Harvard Law School Library, the portion of the Scalia papers opening next year will be open to all. Historical & Special Collections’ Planning Your Visit page provides details on how to schedule an appointment and request material.

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