Harvard Law Record

The Independent Newspaper at Harvard Law School

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OBAMA’S
October 22, 2009 Vol. CXXIX, No. 4

HLS’ Largest
Donors Dead
N O B E L
CASPERSEN AND WASSERSTEIN
TO BE MEMORIALIZED BY
N.W. CORNER COMPLEX
BY MATTHEW W. HUTCHINS
After Being Shocked, Awed, HLS Students From
Finn Caspersen Took Own Life
World Wonders: Why? Around the World React
BY CHRIS SZABLA
Under Mysterious Circumstances
The Record asked HLS students to submit
their views on President Obama’s Nobel Prize “YOU NEVER GET TO PERFECTION.”
The announcement elicited audible gasps from and convened a forum on Tuesday, Oct. 20 for
the audience in Oslo, and visible gapes on faces What could an heir to a billion
submitters to voice their opinions in public. dollar fortune, privileged with an
worldwide. The White House Press Secretary, Our panel included views from LL.M.s Mo-
Robert Gibbs, whose job is to react to such de- education at Harvard Law
hammed S. Helal of Egypt, Alfonso Lamadrid School, want most in life? For
velopments, was rendered practically speechless de Pablo of Spain, and Matthias C. Kettemann
(the word "wow" was all he managed to emit, to Finn M.W. Caspersen ’66, heir to
of Austria, and was introduced by Record Co- the chairmanship of Beneficial
one reporter). For many, the initial shock was fol- Editor-in-Chief Matthew Hutchins. During the
lowed by an immediate and obvious question: Corporation, philanthropy was
discussion, speakers elaborated on their writ- one of the most rewarding pur-
why? Scarcely a year into his presidency, Barack ten opinions, which appear on page three of
Obama ’91 had won one of the most coveted suits available in a life of wealth
this issue, with a comment by Prof. Charles and success. After the sale of Beneficial to Household In-
awards on earth: the Nobel Peace Prize, and the Ogletree. A recording of the event will soon
fact that the prize committee seemed to place ternational in 1998 for approximately $9 billion, Caspersen
be available at hlrecord.org. managed a private investment fund, Knickerbocker Man-
more weight on the direction of his policies than
his actual achievements thus far left many agement, overseeing the assets of trusts and foundations.
scratching their heads. Outside of his business life, Caspersen was a selfless con-
The committee justified itself by citing the tributor to the success of HLS, including the largest dona-
award's mission, and precedent: it is to be given tion for the Northwest Corner Project, his chairmanship of
to an individual whose efforts bring the world in the Dean’s Advisory Board, and chairmanship of the “Set-
the direction of peace. In 1971, it recognized such ting the Standard” campaign, which raised a phenomenal
efforts in the policy of Eastern Bloc engagement, total of $476,475,707 for HLS.
or Ostpolitik, pursued by West German Chancel- According to Louis Kaplow ’81, the Finn M.W.
Nobel, continued on pg. 2 Caspersen and Household International Professor of Law
and Economics, contributing to HLS provided Caspersen
with great personal satisfaction. “I tried to personally thank
S P EC I A L C O M M EN T him, but he was not an easy person to thank. He seemed not
interested, personally, in having praise bestowed upon him-
History Shows Precedent, Prescience of Obama’s Prize self, and much more interested in participating in the de-
BY MATTHEW W. HUTCHINS armies and for the holding and rifice like Mother Teresa and velopment of the law school as a continuing enterprise.”
promotion of peace con- Albert Schweitzer. Although Caspersen was tireless in his efforts to generate contribu-
Each year a committee of gresses.” Past Nobel Peace there have been strongly criti- tions to the law school. In an interview with the Harvard
Norwegians is convened to de- Prize honorees have ranged cal reactions to selections like Law Bulletin after the conclusion of the “Setting the Stan-
cide what person will receive from visionary leaders like Henry Kissinger and Yasser dard” Campaign, Caspersen said, “You always have to do
the prize endowed by Alfred Martin Luther King Jr. and Arafat, the high esteem in more. You never get to perfection.”
Nobel to recognize “the person Lech Wałęsa to tireless but less which most honorees are held It may remain a perpetual mystery why a man who ap-
who shall have done the most visible diplomats and negotia- has prompted a world full of peared to have everything – wealth, a family, social notori-
or the best work for fraternity tors like Ralph Bunche and watchers to wait each year to ety, and a generous philanthropic nature – would decide to
between nations, for the aboli- Martti Ahtisaari as well as in- learn the next name lifted into end it all. The New York Times has indicated that Caspersen
tion or reduction of standing spirational models of self-sac- the pantheon of humanity's may have been the subject of a Federal investigation. What-
Comment, cont’d on pg. 2 ever information comes to light in the future, the impact of

INSIDE
Harvard Out of Flu Vaccine
Caspersen’s contributions to the law school will secure the
ability of HLS to continue setting the standard for legal ed-
ucation into the twenty-first century.
On Wednesday morning, Harvard Law School awoke to the
news that the clinic scheduled that day to administer the sea-

The HL Record
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• Cambridge’s Haloween Heaven
sonal flu vaccine would be cancelled due to lack of adequate Bruce Wasserstein Went From Nader
vaccine supplies. A later e-mail further stated that all Harvard Acolyte to Wall Street Legend
University flu clinics had been cancelled due to the shortage.
According to University Health Services, over 15,000 vaccines
“CITIZEN WASSERSTEIN”
have been administered in the last month and a half, prompting
UHS to close its seasonal clinics early even though a larger sup- Described by his colleagues as
ply had been ordered than in previous years. a prodigy, Bruce Wasserstein ’70
UHS will be proceeding with scheduled clinics in under- entered Harvard University as a
graduate dining halls, but has encountered difficulty in receiv- joint J.D./M.B.A. student at the
ing its final shipment of an additional 1600 doses that were young age of 19, and once armed
needed for the other clinics around campus. UHS advises stu- with an education in business and
dents seeking vaccination to contact local pharmacies. law, he took Wall Street by storm,
Although the supply of seasonal flu vaccine has been de- quickly rising from a start at Cra-
pleted, UHS anticipates providing H1N1 vaccines once a sup- vath, Swaine & Moore to a management role at First Boston
ply becomes available. UHS has said that it will conduct the Donors, continued on pg. 2
vaccination for H1N1 according to “guidelines established by
NEW! A BIGGER, BETTER HLRECORD.ORG
public health authorities to prioritize distribution.”
 O B A M A’ S N O B E L
Page 2 Harvard Law Record October 22, 2009

Nobel, continued from pg. 1

lor Willy Brandt. In 1990, Soviet leader Mikhail Gorbachev to right the course of Obama's policies by persuading the
S PECI A L
C OMMENT
was given the prize for his policy of greater social and polit- president to turn away from domestic political preoccupa-
ical openness, perestroika, in much the same spirit. tions and focus on achieving results on matters of global con-
Yet former President Jimmy Carter's efforts to bring about cern. While some point to the contrast between the award Comment, cont’d from pg. 1
the Camp David accords went unrecognized until 2002, after and Obama's potential escalation of the increasingly deadly
the peace he helped negotiate between Egypt and Israel was war in Afghanistan, the committee might have, in effect, been greatest peacemakers.
recognized as a durable one. Dissenters have pointed to for- forcing the juxtaposition with its announcement - forcing The selection of President Barack
mer President Bill Clinton's tireless efforts to bring about a Obama to rethink his strategy there. Obama ’91 as this year's Peace Prize re-
Mideast peace, in contrast to Obama's mere rhetoric, and Previous recipients of the award have led countries into cipient was an incredible surprise and a
Zimbabwean opposition leader Morgan Tsvangirai's coura- conflicts, however: critics of the award often cite the time notable event in the history of the Prize
geous stand against the monopoly on power held by that Henry Kissinger and Le Duc Tho shared the prize for what in being only the third time a sitting
country's longtime president, Robert Mugabe. The "snub" turned out to be a short-lived peace in Vietnam, and Israeli U.S. President has been so honored.
against Tsvangirai Prime Minister Even the President himself was sur-
was one of the most Menachem Begin prised by his receipt of the prize, re-
commented-on
items on Twitter in
Obama will be the second HLS alum to accept the won for signing
the Camp David
portedly not even aware that he had

the hours after the Prize. David A. Morse ’32 accepted it on behalf of accords
even been nominated. The shock of the
with news left commentators and the public
announcement that
Obama had won
the International Labor Organization in 1969. Egypt,
promoting
before
the
disoriented, and as the novelty of the
idea faded, the diversity of reactions to
the prize. construction of the President's Nobel became crystal-
Comment has Israeli settlements ized in opinions with little correspon-
also focused on the effect the award might have on Obama's in Palestinian territories and involving his country in the dence to individual political alignment.
political priorities. Critics believe it is likely to intensify crit- Lebanese civil war of the 1980s. Arch-conservatives certainly did not
icism that the President has achieved little in the way of ac- Whatever the award's implications or consequences, it re- hesitate to co-opt this latest honor as a
tual foreign policy success, despite his lofty initiatives. His mains a tremendous achievement for the young president, new focal point around which to con-
persuading the UN General Assembly to adopt a resolution whose life has been marked by early triumphs and firsts. The centrate their perpetual campaign
on the reduction of nuclear weapons has been a rare success first African-American editor of the Harvard Law Review against the President, asking the ques-
in a year when multilateral overtures have failed to result in and the first black President, he is now the second Harvard tion, “What has Obama done to deserve
much coordinated action on the financial crisis or other Law School alumnus to win the award, and the first to be this Prize?” and deriding it as a political
pressing global issues, such as climate change. able to claim it as his own right (David A. Morse '32 accepted maneuver by a cadre of socialist Euro-
Obama has also been slow to change direction on many the award on behalf of the International Labor Organization peans who are more enamored with
policies initiated by his predecessor, George W. Bush, a in 1969). He will now be the third sitting U.S. President to Obama than his own American sup-
pledge many have pointed to as the primary motivation for win the award, after Theodore Roosevelt and Woodrow Wil- porters.
the award. His January pledge to close the controversial de- son, and, with Carter, the fourth President to receive it. On the other side of the aisle, many
tention facility at Guantanamo Bay, for example, remains un- Clearly surprised himself, the President brushed off any praised the Prize as a stamp of interna-
fulfilled. Obama has also reportedly sparred with his speculation he would not accept the award some have called tional approval on a drastically re-
Attorney General, Eric Holder, over prosecution of U.S. of- "premature" during a Rose Garden press conference. “I am designed American foreign policy and
ficials involved in torture. honored and humbled," he said. “I will accept this award as vision of the nation within the world
But the Nobel might also be an intervention – an attempt a call to action”. community. Talk, they said, is no small
thing when it moves the world to for-
Donors, continued from pg. 1 give past failings and unite once again
and the establishment of the mergers and acquisitions bou- As a philanthropist, Wasserstein was a generous man, hav- behind the U.S. banner. But many of the
tique, Wasserstein Perella Group. Over his several decades ing recently made a major donation to HLS of $25 million for voices criticizing the Nobel commit-
on Wall Street, Wasserstein made history through his coor- the construction of the Northwest Corner complex. But tee's selection came from supporters of
dination of blockbuster mergers like the acquisition of RJR Green remembers him for both his generosity and his loy- the President, with a common chorus
Nabisco by Kohlberg Kravis Roberts & Co., the acquisition alty. “If he took you into his orbit of confidence at a personal soon becoming, “Too much, too soon.”
of Warner Bros. by Time, Inc., and the merger of AOL and level, a company level, or an educational level, he stuck with As the present controversy fades into
Time Warner in 2000. After the sale of Wasserstein Perella & you in good times and bad.” In Green’s campaign to become historical evaluation, President Obama
Co., Wasserstein became the head of Lazard Ltd., where he mayor of New York, Wasserstein acted as his campaign fi- will be compared to other laureates not
organized the investment bank’s 2005 IPO and where the nance manager, and though Green had a history as a populist for the actions of his first one hundred
Wall Street Journal reports he was recently engaged in the consumer advocate, Wasserstein was able to convince his days but for the lasting impact of his
bid by Kraft for Cadbury Plc. Wall Street colleagues to support his campaign. In a remem- term in office, but even from the mo-
Despite his phenomenal success on Wall Street, Wasser- brance published to Bloomberg.com on October 20th, Green ment of its announcement, the history
stein’s beginnings as a law student were characterized by a said that even after his defeat in the 2001 mayoral election he of the prize reveals a range of figures
passion for civil liberties. Mark J. Green ’70, who ran against received encouragement from Wasserstein to “run for gov- into which the President already fits as
Wasserstein to be the head of the Harvard Civil Rights-Civil ernor”. “The understanding was that I shouldn’t advise him a rising leader of efforts at international
Liberties Law Review, remembers a quiet genius who “basi- on business, but he could counsel me on government.” cooperation and the limitation of the
cally brained his way to success”. Green, who has had a long In addition to his investment banking activity, Wasserstein weapons of war. To the rue of many Re-
career in public advocacy, has written twenty-two books, and carried an interest in writing throughout his life, which Green publicans, the conditions for Obama's
was the Democratic candidate for mayor of New York in the described in his Bloomberg.com remembrance, analogizing success were made abundantly possible
2001 election against Michael Bloomberg, was a lifelong Wasserstein to Charles Foster Kane. From his early experi- by the policies of his predecesor,
friend of Wasserstein. “Looking back, I guess it was impos- ence as editor-in-chief at the Michigan Daily, as managing George W. Bush, but this should in no
sible to know that this fellow law student, who I would eat editor at the Harvard CR-CL Law Review, and his work with way diminish the significance of ac-
with at Harkness 42 years ago, would end up the leading in- Green and Nader, Wasserstein returned to publishing as an tions that have changed the interna-
vestment banker of his era and one of the leading donors to owner by purchasing American Lawyer and New York Mag- tional tide of hostility against America
HLS ever,” said Green in an interview with the Record. “It azine, partly with the goal of improving publication quality. which was rising throughout the Bush
wasn’t pedigree or GQ looks, or a Clintonian public person- “All his deals and billions notwithstanding, Wasserstein’s era. The Nobel committee has given us
ality. He added value, big time, to his clients and his friends.” ‘rosebud’ was journalism,” said Green. cause to consider that the President has
When Green won the place as editor-in-chief at CR-CL, he With his untimely passage the HLS community can only thus far demonstrated a new vision of
made Wasserstein his managing editor, a partnership which imagine the accomplishments that may have been yet to international cooperation, a new com-
would continue in their work for Ralph Nader ’58. Together come. Nader looks back with certainty that the community mitment to multilateralism, and a nu-
they authored the book With Justice for Some: An Indictment has lost one of its most valuable citizens. “Bruce Wasserstein anced understanding of the give and
of the Law by Young Advocates and worked together on is heralded as a brilliant investment banker and financier who take that is necessary to coax his coun-
“Closed Enterprise System”, a critical view of antitrust en- avoided the egregious excesses of his speculative competi- terparts to depart from the inherently
forcement. “He was always the smartest guy in the room,” tors. What is not known is his philanthropy, which was ac- stubborn and vindictive behavior of na-
said Green. “But by and large he was calm and quiet, so celerating into imaginative dimensions. Philanthropically, it tional leaders and humans in general.
when he spoke, people listened.” Nader remembers Wasser- can be said that the best of his past would have been the least From the moment he took office, the
stein as a bright, ambitious man with a dream of being Chair- of his future, so tragically cut short.” Despite its early end, President expressed a desire to end the
man of the SEC, but whose business responsibilities Wasserstein’s life will be remembered, in Wall Street and widely criticized conduct of the U.S.
precluded such a career. “If he had been Chairman ten years New York for his legendary business acumen, and at Har- military at Guantanamo Bay, he began
ago, we might not have had some of this trouble,” said Nader vard Law School for his generous contribution to the con- the acceleration of the draw down of
in an interview for the Harvard Law Record. struction of the Northwest Corner. Comment, cont’d on pg. 11
 O B A M A’ S N O B E L
October 22, 2009 Harvard Law Record Page 3

R E A C T I O N S
The Record asked members of the Harvard Law School community to submit
short reactions to President Obama’s reception of the Nobel Peace Prize in
advance of our special forum on the issue. We have published them all, below.

A Triumphant Moment in History

BY PROF. CHARLES J. OGLETREE, JR.

I was surprised and pleased to learn that President Obama had won the Nobel
Peace Prize. His humility and deference in receiving an award that has been
presented to such luminaries as Mother Teresa, Dr. Martin Luther King, Jr., and
Nelson Mandela, among others, illustrates both his uncanny ability to focus not
on awards but actual progress, and a commitment to work tirelessly to establish
a safer and more collaborative world. His aspirations to close Guantanamo, ne-
gotiate peace in the Middle East, talk with leaders of other countries even when
we have massive differences in priorities and objectives, demonstrates his firm
commitment to continue working around the clock so that, in time, we will all Mohammed Helal, second from left, speaks during the Record’s forum on
see what the Nobel Prize committee saw in honoring him now. The expected Pres. Obama’s Nobel Prize. From left to right: Record Co-Editor-in-Chief
criticism, because he is so new in office, also ignores the almost immediate Matt Hutchins, Helal, Alfonso Lamadrid de Pablo, and Matthias Kettemann
transformation of global excitement concerning his election alone and it rein-
forces a global commitment to end all forms of conflict and unite in a collabo-

Judge Deeds by Their Intentions

rative effort to pursue world peace.
It is hard to imagine anyone else with such a broad and deep commitment, and
the same Barack Obama who changed history here at Harvard Law School two
decades ago by being elected the first African American to be the President of
the Harvard Law Review, is committed to doing the same on the world stage. I
applaud him and Michelle Obama ’88 for their commitment to public service.
It is a triumphant moment in Harvard Law School's history.
Charles J. Ogletree, Jr. ’78 is the Jesse Climenko Professor of Law at HLS
and founder of the Charles Hamilton Houston Institute for Race and Justice.
BY MOHAMMED S. HELAL
“Deeds are to be judged by their intentions”: this is an Arabic proverb that re-
flects an ancient adage that intentions are just as powerful as deeds, and that
notwithstanding the fact that not all good intentions lead to fruition they are still
worth recognition.
The Nobel Peace Prize should not be considered an award to President Obama
or for his limited achievements since taking office. Rather, it should be seen as

Obama’s Prize Money: Five Ideas

an endorsement of a worldview. A vision of the world that realizes the dream of
Martin Luther King Jr. not to judge a human being by the color of his skin, a vi-
sion where humanity does not live under the phantom of nuclear weapons, a
BY MATTHIAS C. KETTEMANN
view of a world where religions and cultures are reconciled and where diversity
is celebrated, a global community that recognizes the dangers of environmen-
Harvard should be proud. Its graduate, President Barack Obama is the first
tal degradation and is ready to unite to confront it, and a policy that understands
statesman to prophylactically receive the Nobel Peace Prize (the most recent
that the challenges of today are global and require global responses.
president to be strongly associated with Yale, George W. Bush, is rather unlikely
As an Egyptian, Arab, African, Muslim and Mediterranean citizen of the
to receive any Nobel Prize in the immediate future). Unfortunately, this adds
world, I do not see this is as tribute to the American President, but to humanism,
another issue to the President’s to-do-list: (1) reform health care; (2) make peace
multiculturalism, multilateralism, international cooperation and to humility.
in the Middle East; and (3) decide what to do with the $1.4 million Nobel Prize
money. Space does not allow me to sketch out my solution to the Middle East
Mohamed S. Helal is an LL.M. student from Egypt and a diplomat with the
puzzle, and my European mind capitulates in face of the political flaying over
Egyptian Ministry of Foreign Affairs.
Obama's health care plan, but I am happy to help with regard to the third issue.
Mr. President, here's a list of five projects you could spend the money on:

1) $680,000 to bridging the digital divide between Internet-haves and have-

nots, by ensuring that developing states are better represented in the multi-stake-
The Powerful Light of Hope
holder Internet Governance Forum in December in Egypt. BY ALFONSO LAMADRID DE PABLO

2) $680,000 to study the importance of “human security”, a new security con-
cept that focuses on individuals and not on states, thereby providing new in-
sights on how to combat sources of insecurity, including failing states and
over-‘securitization’.
3) $30,000 for a study analyzing the effects of Harvard students’ air condi-
tioner-induced colds and flus on the U.S. health system.
4) $9,000 to reintroduce warm breakfast in Harvard dining halls.
5) $1,000 to make sure Chauncy Street gets a bike path facing westwards.
Since this is settled, Mr. President, you can now channel your forces towards
making peace in the Mideast and having Congress pass health care reform.
Matthias C. Kettemann is an LL.M. student from Austria.
In the preface to her book Men in Dark Times (1968), Hannah Arendt wrote
that “even in the darkest of times we have the right to expect some illumination,
and that such illumination may well come less from theories and concepts than
from the uncertain, flickering, and often weak light that some men and women,
in their lives and their works, will kindle under almost all circumstances and
shed over the time span that was given them on earth....”
President Obama has shed a powerful light of hope upon the dark times in
which we live. His accomplishments in the pursuit of peace can hardly be
matched: he has inspired millions all over the planet; he has gained back the re-
spect and leadership with which the United States can make a difference on the
global stage; and he has set the world on a different path and shared spirit.
Obama's Nobel Prize is an encouragement for all of us not to let this light
dim.
Alfonso Lamadrid de Pablo is an LL.M. student from Spain.

CORRECTION:
Apologies to Profs. Elizabeth Warren and Allen
Look for a Dissenting
Ferrell. Our front page caption last week failed to
Podcast of our Opinion?
Nobel Forum!
correctly identify them, and another caption mis - EMAIL
RECORD@ LAW
spelled Prof. Ferrell’s name. See our Web .pdf for the Coming Soon on
correct captions. hlrecord.org
Page 4 Harvard Law Record October 22, 2009

Academics Address Continuing Amnesty Head Urges Human

Legal Challenges Facing Abortion
BY KATE SPENCER
The Reproductive Rights and the
Right to Information event at HLS on
Friday, October 9 was held to educate
and inform its audience on the current
position of information in relation to re-
productive rights in the U.S. Panelists
discussed a number of current issues
pertaining to the relationship between
the law, its interpretation, medical
providers and patients, touching on top-
ics ranging from minors’ rights to bod-
ily integrity to the state legislation that
commands ultrasounds for women
seeking a termination. Throughout, the
focus was on abortion and its surround-
ing issues.
Helena Silverstein spoke on the re-
quirement of parental consent and her
research into whether courts actually
knew that the judicial bypass process
actually required them to relent from
asking for consent in certain situations.
Unsurprisingly, many are completely
ignorant of the procedure and minors
are not provided with the services they
are legally entitled to.
Khiara Bridges, a Columbia Law
School fellow, made an interesting
comparison between the way the law
regulated securities information, man-
dating “full and fair disclosure,” and the
biased information women often re-
ceive when deciding on whether or not
to undergo a termination. She main-
tained that women should not be ex-
posed to merely one philosophical
position on the fetus. South Dakota, she
Rights Over Civil Rights in U.S.
said, where declaratory statements tell
women that abortion terminates the life
of a “whole, separate, unique, living,
unborn human being,” is doing explic-
itly what mandatory ultrasounds and bi-
ased counselling do implicitly.
Columbia Professor Carol Sanger ex-
panded on the issue of mandatory ul-
trasounds, arguing that the measure was
designed to transform “an abstraction
into a baby” and gives a “visual con-
struction of loss”. Professor Sanger
suggested that the effect of the ultra-
sound, through the image itself and the
entire experience, was to turn all preg-
nant women into “mothers-to-be” even
if they were undecided on an abortion. Irene Khan LL.M. ’79, shown here addressing the World Economic Forum
A highlight at the event was the
lunchtime talk by Reva Siegel, the BY JESSICA CORSI or death, because they are priced out.
Nicholas deB. Katzenbach Professor of Turning a human rights lens on the
Law at Yale and an extensive publisher As Congress continues to debate health care issue, Khan continued, em-
on constitutional law meets reproduc- health care reform, and personal testi- powers people to claim their rights and
tive rights. Entitled “Dignity and Deci- monials about unemployment, bank- holds governments accountable for or-
sion-Making in the Abortion Debate,” ruptcy, debt, and homelessness remain ganizing systems and markets in a way
the premise of her discussion was that at the forefront of American con- that fulfills these rights.
women cannot be said to have “dignity” sciousness, the Secretary General of Khan spoke at Harvard Law School
until they control their own reproduc- Amnesty International, Irene Khan during lunch on Monday, October 19,
tive processes. Siegel culminated with LL.M. ’79, and that she had a message to a room comprised of students and
the observation that “dignity” can be for the U.S.: ratify the International of faculty and staff from Harvard’s
construed as autonomy or “dignity” as Covenant on Economic, Social, and broader human rights community.
equality and that U.S. case law suggests Cultural Rights (ICESCR). Over plates of salad and vegetarian
that meanings of dignity are plural and Khan explained that the U.S. views lasagna, she explained her personal
potentially shifting. human rights, like health care, as journey as a human rights lawyer and
The conference, which explored the needs to be met by markets as opposed the growth and new direction of
current issues prevalent in adoption to legal entitlements possessed by all. Amnesty International. She studied
rights law, also provided insight into the This approach leads to inequality, she transnational law at HLS at a time
academic and activist work ongoing in intoned, pointing to the U.S. experi- when the Human Rights Program did
ence, in which the rich can purchase not exist and when international
this area of women’s rights.
the best health care in the world and human rights law as a field would be
the poor and many of the vast middle best described as nascent. Today, lead-
class face a diminished quality of life, ing human rights organizations such as
Amnesty, cont’d on pg. 11

Meeting of the Minds: Law Students Flock to Psych Lectures

New Group Encourages Interest in Growing Interdisciplinary Work Combining Law, Mind Sciences
BY ANTHONY KAMMER
In a recent New York Times column, David Brooks
described psychology as a field that was taking off
among young people, who were interested in probing
for more accurate answers to the mysteries of human
behavior. That might help explain why audiences
packed the lectures of two Harvard psychologists who
presented their research at the law school this Sep-
tember. Both talks, sponsored by the Student Associ-
ation for Law and Mind Sciences (SALMS), raised
intriguing questions about the way our psychological
intuitions are formalized in the law.
On September 8th, Daniel Wegner, author of The
Illusion of Conscious Will, presented several recent
studies that examine the mechanism by which indi-
viduals come to identify their own and others’ behav-
ior as intentional during his talk “Psychological
Studies of the Guilty Mind.”
Wegner’s experiments suggest that people involved
in a common activity, such as using an ouija-board,
are often unable to discern which actions they pro-
duced themselves and which were caused by some-
one else. He described several other studies in which
people misidentify behaviors as their own. It has been
shown in cases of facilitated communication, for ex-
ample, in which a therapist helps an autistic patient
type out answers to a question, that the messages
communicated actually originate from the therapist
and not the autistic patient, although the therapist re-
ports no awareness that he or she actually produced
the responses. This work suggests that while people
feel as if they are the authors of their choices, this
process is an evolved sensation and not the most
descriptively accurate account for our behaviors.
On September 21st, Fiery Cushman, a newly-
minted PhD recipient and post-doctoral fellow at Har-
vard’s Mind, Brain and Behavior Initiative, presented
some of his recent research at an event titled “Out-
come vs. Intent: Which Do We Punish, and Why?”
Cushman’s work suggests that at a gut-level, people
assess whether a behavior was morally right or wrong
by looking at the actor’s intentions, but when assign-
ing punishment, people are overwhelmingly inter-
ested in outcomes, even if an outcome was accidental.
Cushman described several experiments where he
was able to look at a participant’s intentions in isola-
tion from the actual outcome of the participant’s ac-
tions. In one case, participants were given the choice
of dice that would later be rolled to assign rewards to
a second, receiving party. When given the opportu-
nity, the recipient would consistently punish more
often when the dice produced less favorable rewards,
even if the initial participant intended to provide re-
wards generously. This work has interesting implica-
tions for tort law, explaining in part why findings of
negligence lead to large compensatory rewards even
in the absence of any intentional action.
As this article went to press, SALMS was planning
further events, including an October 22nd, discussion
by Goutam Jois ’07 entitled “Stare Decisis is Cogni-
tive Error”.
Founded in the late spring of 2009, The Student As-
sociation for Law & Mind Sciences (SALMS) is the
outgrowth of Professor Jon Hanson’s Ideology, Psy-
chology and Law seminar course as well as his Proj-
ect on Law and Mind Sciences. SALMS is the first
student group at any law school merging law and
mind and sciences and is already working with stu-
dents at other law schools to create similar organiza-
tions around the country. Its speaker series is intended
to both introduce the legal community to relevant
work in psychology and the related mind-sciences and
to encourage mind scientists to explore the implica-
tions of their work for law and policy-making.
In recent years, the number of law review articles
citing to prominent mind sciences research has sky-
rocketed, and most top-tier law schools now offer
courses emphasizing relevant insights from social
psychology and related fields. In fact, the course de-
scriptions of nine courses in the 2009-2010 HLS
course catalog explicitly mention psychology. And in
the wake of the recent financial crisis, economists and
lawyers have turned increasingly to behavioral eco-
nomics and social psychology to understand the un-
derlying cognitive mechanisms that shape and
influence our institutions. Psychology and neuro-
science are increasingly informing and challenging
some of the assumptions of the criminal justice sys-
tem, and the mind science promise to help sharpen
and clarify legal concepts.
In addition to co-sponsoring events with other HLS
student groups, SALMS has already begun to forge
close relationships with organizations across the Uni-
versity, including graduate and undergraduate stu-
dents affiliated with the Harvard Mind, Brain, and
Behavior Initiative.
The group is hoping to start a journal next fall to
explore further interdisciplinary work in law and the
mind sciences. It would be the first academic journal
of its kind in the world.
October 22, 2009
Peacekeeper Provides
Roadmap to Jobs at UN
BY REBECCA AGULE
American law students have long
puzzled over access to one of the most
coveted – yet elusive – public interest
career paths: a post at the United Na-
tions. The most recent guest of the-
Bernard Koteen Office of Public
Interest Advising’s Lunch Speaker Se-
ries, Kaoru Okuizumi, recently arrived
at Harvard Law School to change that.
Okuizumi is a Judicial Officer in the
Criminal Law and Judicial Advisory
Section (CLJAS) of the Department of
Peace Keeping Operations (DPKO) at
UN Headquarters. CLJAS contributes
to the UN’s overall rule of law strategy,
often by advising the DPKO on issues
related to the judicial and corrections
aspects of peacekeeping operations,
many of which are conducted in the
world’s most volatile areas. When ana-
lyzing and shaping policies to deal with
justice from the perspective of peace-
keeping operations, Ms. Okuizumi
must consider the UN’s major mission,
as well as the immediate goals and local
legal structures and norms.
A 1995 graduate of NYU Law
School, Ms. Okuizumi provided those
in attendance with general advice on
working in international human rights,
as well as information regarding some
the less traditional means of gaining ac-
cess to the UN. As a veteran of the
United Nations system, she is well
versed in the organization’s often mys-
tifying practices and explained some of
the various hiring streams.
A short exchange between Ms.
Okuizumi and several audience mem-
bers underlined the complexity of the
UN’s human resources system, which
funnels applicants down several differ-
ent avenues, depending on the agency
or function in question. In addition to
the traditional Galaxy staffing system,
which recruits for the Secretariat, many
of the specialized agencies handle hir-
ing internally. Merely determining
where to seek out positions or submit
applications seems daunting, and the
hurdles of the actual hiring process fur-
ther exacerbate this unruly task. Im-
pediments highlighted by audience
members included positions that
seemed too specified, strict experience
requirements, and a lack of lower level
positions. Okuizumi confirmed some of
these difficulties, but recommended al-
ternative points of entry, such as the UN
Volunteers program, as means of enter-
ing the system for those who might not
otherwise have UN connections.
Okuizumi also made clear that the
value of language skills should not be
understated and suggested using time at
a university to take such courses, espe-
cially French. She further remarked that
one must be willing and able to func-
tion with little training or guidance.
“It’s very much about learning on the
job,” she said.
Having worked for the Center for
Strategic and International Studies, a
D.C.-based think tank, prior to law
school, Okuizumi had already nar-
rowed her focus to international human
rights. It only took one split summer,
divided between the International
Human Rights Law Group (now known
as Global Rights) and a law firm, to
Harvard Law Record
confirm her career path.
Of her time with the firm, Okuizumi
said, “I knew I didn’t want to do this!”
Following completion of her J.D.,
Okuizumi went on to a Masters in Pub-
lic Administration at the Princeton’s
Woodrow Wilson School of Public and
International Affairs. She found the pol-
icy degree quite useful as a means of
balancing out her legal education, in
terms of both theory and practical skill
sets. “It’s not just about international
law and human rights, but also policy
and international affairs.”
While at Princeton, she met Michael
W. Doyle, a professor who had recently
created a young professionals group to
develop careers in peacekeeping opera-
tions. He asked Okuizumi to take part.
This led to her first post-graduate posi-
tion as a Human Rights Officer with the
UN Transitional Authority in Eastern
Slavonia, Baranja and Western Sir-
mium (UNTAES), where she worked
on projects to promote the peaceful
reintegration of the region into Croatia.
Okuizumi acknowledged the roles
played by fortune and chance in build-
ing her career. “I was very lucky, [and]
feel very lucky still,” she said.
The development of such relation-
ships played an integral role in her ca-
reer trajectory. “It’s a pretty small
community, international human rights
and criminal law,” she said.
Okuizumi outlined the rather no-
madic lifestyle of a UN employee. In
explaining some of her frequent moves,
Okuizumi said, “There aren’t that many
opportunities within the UN, so when a
position opens up...apply for it.”
While some students seemed visibly
dismayed by such frequent moves, oth-
ers clearly relished the idea of swapping
duty stations every 18 months to two
years. After moving to Bosnia in 1998,
Okuizumi worked with a group of
judges and lawyers, both national and
international, at the Human Rights
Chamber for Bosnia and Herzegovina.
Finding herself nostalgic for the UN,
she transferred to the Human Rights In-
vestigations Desk for the UN Mission
in Bosnia and Herzegovina (UN-
MIBH). Other duty stations included
Sierra Leone, Kosovo, the Democratic
Republic of the Congo and Nepal.
Having spent most of her career in
the field, Okuizumi experienced the
other side of the fence from 2000-2002,
when she joined the Registry Legal Ad-
visory Section of the International
Criminal Tribunal for the former Yu-
goslavia (ICTY) in the Netherlands.
While initially reluctant to leave the
field, Okuizumi appreciated to oppor-
tunity afforded by her time at The
Hague, where she negotiated sentence
enforcement agreements with states
parties; developed internal rules and
regulations, and crafted policy relating
to victims and witness protection.
Married to a fellow UN employee,
and now with a young child, Okuizumi
expressed both the joys and frustrations
inherent in her line of work. Her con-
tinued career seemed to suggest that the
satisfactions outweigh the difficulties.
One student in attendance – who
asked to remain anonymous – was
“amazed her marriage has lasted!”
Sheol No, She Won’t Go
Israeli Military Refusenik Speaks Out
BY CHRIS SZABLA
The term refusenik used to refer to
Eastern Bloc Jews who were denied
permission to emigrate. Over time, it
has morphed into a term for any pro-
tester – including Netta Mishly. Netta
is one of the shministim, literally
“twelfth graders” – a term given to Is-
raeli youth who have refused to per-
form required
military service
out of moral
conviction.
During a recent
event sponsored
by Harvard Law
School’s Justice
for Palestine
group, she
shared her rea-
sons for taking
a stand.
“I was happy
and proud to be
a future sol-
dier,” Netta
said, recounting
her youth. At
thirteen, however, she became politi-
cally active, joining a social demo-
cratic youth group, and volunteering
during the elections of 2003. She said
she moved between “all kinds of left-
ist organizations,” supported by the
“bubble” of relatively safe Tel Aviv
and parents who encouraged a critical
mindset. Soon she was taking part in
a more radical group, which led her,
for the first time, to the West Bank.
After that, she recalls, she “could not
deny what was going on there.”
She still had difficulty with the idea
that she would not perform military
service, considered by many in the
country to be an unquestionable duty.
“Even when I was against the occu-
pation,” she notes, “I wanted to be pa-
triotic and join the army like everyone
else.” When she finally made the de-
cision, questions from friends and col-
leagues were frequent. “I have to
explain over and over again why I
didn’t go. I feel I gave up my status,
and my position on the inside,” she
said. Her father accused her of point-
ing her finger at him, and she lost
friends.
Netta also faced legal conse-
quences: in Israel, refusal of compul-
sory military service is a punishable
offense. Netta spent less than a month
in prison – other shministim spend up
to three years. Trials for conscientious
objectors are conducted by the mili-
tary, since those whose draft numbers
have been called up are considered al-
ready soldiers. The charge: “refusing
an order”. When released, the shmin-
istim is told to join again, or face sim-
ilar consequences – the process, Netta
said, repeats itself until the refuser is
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Page 5
worn down. Those who do not finally
go into the military are usually sent to
see a psychiatrist, and released on
grounds they are mentally unfit.
The shministim are not the only Is-
raelis who do not serve in the military
when they are of draft age. Around
40% of Israelis are exempt from serv-
ice for various reasons: they are Or-
thodox Jews, married women, the
physically inca-
pable. There is a
panel that hears
pleas of conscien-
tious objection, but
only one-fifth of
those who apply are
granted the status –
and then only after
an interrogation
meant to test one’s
aptitude for vio-
lence, inquiring
after an applicant’s
attitude toward
family members
suffering harm.
Most fail the evalu-
ation process when
it emerges that a political belief moti-
vates their desire to stay out of the Is-
rael Defense Force, or IDF.
Political beliefs weren’t the only
factors motivating Netta’s decision to
refuse to perform service. Women,
she said, did not enjoy equal status in
the IDF, pointing out that the vast ma-
jority of officers are men, and that the
country’s first female pilot obtained
her position through a fairly recent
Supreme Court ruling. She performs
alternative civil service now, on a vol-
untary basis.
Not all who oppose Israel’s military
occupation of the Palestinian territo-
ries support the tactics of the shminis-
tim. One Israeli officer who came to
view Netta’s discussion called out that
he believed Israelis could do more
good from within the military than
without to change the occupation’s
character. Netta disagreed, arguing
that service changes people, even
members of the radical youth groups
she was part of, who come face-to-
face with a Palestinian population
who she said was understandably pre-
disposed to hostility toward Israeli
soldiers.
Netta concluded by observing that,
beyond its effect on the lives of Pales-
tinians, the occupation had turned Is-
rael into a militaristic society: it was
“not good that when I was 15 my
school took me to a shooting range.”
Overall, she believed that Israel
“could be in a much better place than
it is right now. Why in a normal world
would an 18 year old have to sacrifice
his life? Some are. Some are my
friends, and I don’t want them to have
to do that.”
 Harvard
Page 6 Harvard Law Record October 22, 2009

Lisbon Treaty Points Way to a New EU

Law More Democracy, More Efficiency, More Power in Store for Union in 2010

Record
BY MATTHIAS C. KETTEMANN me a personal letter written personally Under the Lisbon treaty, the role of
by [British Conservative Party leader the European Parliament is strength-
In seven days, the European Union David] Cameron from July which is ened. The Parliament receives new
will take a big step forward. After a suggesting [to hold out], but I cannot powers over EU legislation, including
painful process that overshadowed Eu- wait until the British election and I will the EU budget and international agree-
ropean policy debates for years, the Lis- not.” ments. The so-called “co-decision pro-
EStabLiShEd MCMXLVi
bon Treaty, intended to overhaul the Provided they win, David Cameron’s cedure” will make the Parliament an
Matthew W. Hutchins
Editors-in-Chief
Union’s institutional infrastructure, will Conservatives have vowed to hold a equal partner of the Council, represent-
Chris Szabla most likely be ratified by Vaclav Klaus, referendum on the Lisbon Treaty, which ing Member States, for almost all of EU
the Czech Republic’s Euroskeptic pres- would be a sure way of sinking it. But legislation. National parliaments will
ident, at the EU also play a larger
News: Rebecca Agule
Staff Editors
summit in Brus- role in EU deci-
Opinion: Jessica Corsi sels. Klaus is the sion-making
Sports: Mark Samburg last one to hold trough a new
out. 26 of the 27 monitoring mech-
member states anism to ensure
Mohammed S. Helal have already rati- subsidiarity, or
Contributing Writers

Anthony Kammer fied the treaty, the principle that

Matthias C. Kettemann some of them as the Union can
Alfondo Lamadrid de Pablo far back as last only act when
year. local action to
Titus Lin
Faced with solve a problem is
Kathryn Legomsky
enormous pressure insufficient.
Prof. Charles J. Ogletree, Jr. from other EU Through the “Cit-
Jenny Paul member states, no- izens’ Initiative”,
Jean-Louis Romanet Perroux tably from French one million citi-
Kate Spencer President Nicolas zens from a cer-
Peter Wickham Sarkozy, the un- tain number of
predictable Czech Member States
leader indicated will be able to re-
record@law.harvard.edu his willingness to quest the Com-
Submit Letters and Editorials to:

or ratify the Lisbon mission formulate

Harvard Law Record
Harvard Law School
Cambridge, MA 02138-9984
Letters and opinion columns will be
published on a space-available basis.
The editors reserve the right to edit
for length and delay printing. All
letters must be signed. Deadline for
submissions is 11:30 p.m. Tuesday.
The Harvard Law Record is a publication
of The Harvard Law School Record Cor-
poration. All rights reserved. The Harvard
Law School name and shield are trade-
marks of the President and Fellows of
Harvard College and are used with permis-
sion from Harvard University.
Treaty, provided policy proposals.
that the Czech Re- A BRIGHTER FUTURE? | After it being signed by the last holdout, Czech The Lisbon
public is allowed to President Vaclav Klaus, the Lisbon Treaty appears set to make Europe stronger. Treaty also rec-
Photo: Flickr user Vlastula
opt out of certain ognizes the right
provisions, including the binding Fun- as it stands now, the Lisbon Treaty will of each Member State to withdraw uni-
damental Rights Charter (Slovakia’s enter into force on January 1, 2009, de- laterally from the Union.
Prime Minister Robert Fico has also spite a proliferation of myths on its con- Importantly, the Treaty of Lisbon
taken up this idea). President Klaus ex- tents. It is time to dispel some of these gives binding force to the provisions of
pressed his conviction that the treaty myths and to clarify its main points. the Charter of Fundamental Rights,
was not “a good thing in Europe – for The Lisbon Treaty amends the cur- which includes innovative economic
freedom in Europe and for the Czech rent EU and EC treaties, but does not and social rights provisions and covers
Republic”. When asked by a Czech replace them. It aims primarily at pro- all EU actions, including member states
newspaper whether political considera- viding a more democratic, transparent implementation legislation.
tions had influenced his behavior, Klaus and effective decision-making frame- The treaty also provides for more ef-
admitted: “It is true that I have next to work. fective and efficient decision-making in
Lisbon, continued on pg. 8

Letters to Should HLS Consider a Shorter, Less Expensive Law Degree?

the Editor
Lockerbie Story
“Sensational”
Your article (Kate Spencer, “Re-Ex-
amining Lockerbie,” October 8, p. 4)
is quite sensational. It conatins the
new fact that a Hiz[b]ollah t-shirt was
found at Lockerbie. That has never to
my knowledge come to light.
Did you speak to Robert Baer during
the writing of it, perchance[?]
[Editors’ note - Baer is a former CIA
agent who said there was evidence
that 9/11 was an “inside job”.]
Charles Norrie, brother of
Tony, [who] died 19 Sept.
1989, [in] a genuine atrocity
proved to be Libyan.
www.hlrecord.org
@hlrecord
Open reply letter to John F. and Lynn
A. Saverese, both ’81 soliciting funds
for supporting financial aid and schol-
arships at Harvard Law School.
Dear John and Lynn Savarese,
The letter I just received from the two
of you in your roles as Co-Chairs of the
Harvard Law School Fund is the second
such plea. I don’t know how I am to in-
terpret the shift from April to Septem-
ber in the salutation from “Dear Mr.
Fisher” to “Dear Frank”. As far as I
know we have never met nor commu-
nicated directly, but I am going to ac-
cept the “Dear Frank” as an invitation
to be as candid with you as if we did
know each other.
How am to interpret your letter?
Surely, as a personal endorsement of
the need for money to help finance stu-
dent aid. But I wonder if you have
given the matter the same review and
attention you would give to the testi-
mony of one of your clients in an im-
portant law suit. For that matter, on
whose behalf are you writing, on behalf
of our law students or on behalf of the
faculty and the school?
On cross-examination you might
concede that the Law School could ease
financial strain on students without re-
ducing the quality of the J.D. degree.
One way would be to drop the third
year, or postpone it to mid-career.
Most of our students intern with law
firms after the second year, and if found
able are hired. But we then require
them to return to Cambridge for a third
year in residence, adding to large stu-
dent debt and, most significantly, to
forego a year’s earnings. It is suggested
that in the third year students can gain
from “clinical” work, but “clinical
work” sounds like what a young lawyer
could do in a firm and be paid for. It is
also said that the third year permits
training in a legal specialty. But at the
outset of a career a student can not be
sure about a specialty and in the third
year often ends up working on the spe-
cialty of interest to a professor.
Northwestern University Law
School now offers both three-year and
two-year J.D. degrees. Let’s watch how
the market values the two. Clearly, the
savings to students of a two-year pro-
gram would dwarf any financial aid
which might be received as a result of
fund-raising efforts such as yours.
Would you agree that a two-year pro-
gram is something Harvard should con-
sider as a way to help students ?
Let me be clear. It does not make me
less loyal to the Law School to wish it
to consider changes. Since my great
grandfather Henry Dummer attended
the school (in 1829-30 as one of its first
handful of students) the School has
changed in big ways. And changes were
experienced by my father and his two
law school-attending brothers as well.
I simply wish the Law School might
now lead the country to more cost-effi-
cient legal education – as an alternative
to funding the status quo, or as your let-
ter suggests the status quo with bells
and whistles.
Sincerely,
Francis Dummer Fisher ’51
Senior Research Fellow,
LBJ School of Public Affairs
University of Texas at Austin
October 22, 2009 Harvard Law Record Page 7

Guinea: Has a Nascent Democracy Lost its Way?

After the Brutal Repression of a Protest in the Capital, Questions Loom About the Country’s Future
BY JEAN-LOUIS ROMANET PERROUX This diverse population of over ten million was tions on political activity, and unpunished criminal
ruled over with a strong hand by Sékou Touré from acts by the military” were not met by efforts to set a
On September 28, thousands of Guinean citizens independence till his death in 1984, when power was date and prepare the elections, this conditional sup-
gathered in the national football stadium in their coun- seized through a military coup by Lansana Conté. The port started to wane.
try’s capital, Conakry, to voice their protest against new dictatorship, which retained its predecessors’ Over the summer, people in the streets of Conakry
Captain Moussa Dadis Camara. They were met by a policies regarding economic development as well as would confess their fears about unmet promises, and
military that did not hesitate to open fire on them, nor its characteristic brutality against any political oppo- some would swear they would even risk their lives to
to loot and rape during the ensuing chaos. The ap- sition, lasted until the death of President Conté, on prevent the coup from transforming, once more, into
palling toll of this short but brutal repression is esti- December 23rd of last year. a dictatorship. Camara’s recent allusions to the possi-
mated at 157 killed and 1250 wounded. Power was promptly seized by a military coup led bility of running for office proved unbearable.
For now, violence and unrest do not seem to have by a largely unknown army captain. But in response
spread in the country. In a phone call hours after the to the long frustrated popular expectations for democ- The crossroads ahead
event, the President of MDT1, a In the months after the coup,
local NGO for the defense and pro- lively discussions divided
motion of human rights and the both internationals and locals
rule of law, confimred that vio- in Guinea as to whether elec-
lence was mostly contained to the tions ought to be held imme-
stadium and that it did not spill diately, or after a few months
over in the rest of the capital, but of transition. Advocates of
that brutal and widespread viola- waiting argued that the coun-
tions of human rights had taken try has no history of democ-
place there. He stressed that all ef- racy, little political activity,
forts would be taken in order to and fragile parties which
press the government to investigate struggle to gain consensus
these events and to bring the per- across the country’s many eth-
petrators of human rights abuses to nic and linguistic divides.
justice. Those that wanted immediate
There is no doubt: Guinea is at a elections, however, said that
crossroads, and both its citizens the power of the military in
and the international community Guinea coupled with its disre-
should carefully consider the re- spect of human rights repre-
cent appeal by Lawyers Without sented a danger even when it
Borders Guinea to become con- was out of power, let alone
Guinean soldiers in Conakry. Photo licensed under Creative Commons 2.0 by Flickr user missbax.
scious of the situation. An account of when it was not. Moreover, his-
how Guinea got to this point should help. racy and respect for human rights, Captain Moussa tory proves, not just in Guinea, that power tends to be
Dadis Camara promised a peaceful handover of incredibly “sticky”, and the longer one holds it, the
A brief history of power in Guinea power after free and democratic elections, in which harder it is to separate from it.
The stadium where these sad events took place, the he solemnly foreswore taking part. The citizens of The late events seem to put an end to the debate:
“stade du 28 Septembre”, is named for the date of Guinea reluctantly accepted this promise of a peace- nine months after the military coup, elections are now
Guinea’s independence from France, which it gained ful transition among fears of civil war. But the bar- necessary if not urgent.
51 years ago. At the urging of Sékou Touré, Guinea gain was clear: Captain Camara would hold elections If Captain Camara decides to hold on to power, ei-
was the only French colony to voluntarily renounce before the end of 2009 and would not run for office, ther through the semblance of an election, or all-to-
its colonial status when given the option to do so by playing a role similar of that of Obasanjo in Nigeria. gether without holding any, there will be bloodshed,
French President Charles de Gaulle in 1958. This was and his regime will transform into a brutal dictator-
a source of great national pride and was followed by How did we get to this bloodshed? ship in order to maintain its grasp.
policies enshrining the place of local languages and After seizing power, Captain Camara suspended the If elections are held, and Captain Camara does not
cultures, as well as attempts at economic autarchy. constitution, banned political and union activity, and run, many challenges lay ahead for Guinea’s democ-
Unfortunately, as Lansiné Kaba painfully pointed declared that the government and the institutions of ratization. The country will require the assistance of
out in his book Le ‘non’ de la Guinee à De Gaulle the Republic had been dissolved. In return, he de- the international community to hold off the influence
(“Guinea’s ‘no’ to de Gaulle”), the results was slower clared his intention to fight corruption, straighten pub- of neighboring states, and to hep jump-start the pros-
development, no unifying national language or edu- lic expenditure and fight criminality. Camara’s perity of a country that has one of the world’s lowest
cation, and difficulties modernizing public adminis- populism gained support with the indictment of the rankings on the Human Development Index. At any
tration. All these aspects pose serious political late President Conté’s son, currently detained in rate, a nascent democracy should not be left alone at
challenges in a country with eight administrative re- Conakry’s central jail. Citizens accepted this delay to night in the middle of a crossroads.
gions, seven main languages besides French (none of democracy in order to assure stability and the peace-
which spoken country-wide) and twenty-four ethnic ful organization of free and fair elections, which were Jean-Louis Romanet Perroux is a M.A.L.D.
groups, all within a territory the size of the UK or Ore- not something to be taken for granted in the region. candidate at the Fletcher School of Law and
gon. But when “arbitrary arrest and detentions, restric- Diplomacy. He has lived and worked in Guinea.

The UK’s New Supreme Court: Much Ado About Nothing?

BY PETER WICKHAM
If it ain’t broke, they say, don’t fix
it. So why the need for a UK Supreme
Court? The claim that there was a
need to supplant the House of Lords’
hundreds of years of tradition as
Britain’s highest judicial body merely
to create a court with the same pow-
ers and membership as the old one
seems like a lot of fuss about nothing.
To some, it even seemed like the
whole proposal was the result of a po-
litical dispute between Tony Blair, the
Prime Minister who proposed the
change, and the head of the former
Law Lords, the Lord Chancellor. Per-
haps, though, we should not be so
quick to condemn.
Aside from political arguments,
the main impetus for change was
that no one other than lawyers re-
ally understood what the final court
of appeal was or who the elusive
judges were; it existed in the
shadow of the much more visible
Royal Courts of Justice. Although
it shared its name with the upper
house of Parliament, the Law Lords
consisted of 12 judges, and since
1945 had not heard cases in the
chamber itself. The problem was
that the Law Lords were still mem-
bers of the legislature, with the
Lord Chancellor in fact being the
speaker of the upper house as well
as a cabinet minister and the most Middlesex Guildhall, home of the new
SCOTUK, cont’d on pg. 8 UK Supreme Court, in London
October 22, 2009
Lisbon, continued from pg. 6
EU institutions. What is known as “qualified majority vot-
ing” will be extended to cover most policy areas governed by
the Council. This will mean that, after 2014, the passage of
a legislative act will require a “double majority” of Member
States and EU citizens. Thus 55% of the Member States rep-
resenting at least 65% of the Union’s population will have to
unite behind an act to for it to be passed in the Council.
Importantly, the Treaty of Lisbon ensures institutional sta-
bility by creating the function of President of the European
Council. The President will be elected for two and a half
years (Tony Blair is the current front-runner) and will be the
one to pick up the proverbial red phone, should President
Harvard Law Record Page 8
SCOTUK, cont’d from pg. 7 law. At present there is no jurisdiction to strike
senior judge. The old system was aloof and, like down statute yet many ask whether the new
so much in a system without a written constitu- court might over time move in this direction.
tion, offered great (if, as it turned out, only the- This would be a constitutional enormity, de-
oretical) potential for abuse. stroying the concept of parliamentary sover-
The new Supreme Court firmly establishes ju- eignty, yet in days of little legislative scrutiny it
dicial independence. It is now housed close to, is not a wholly bad thing. Our system has almost
but separate from the Houses of Parliament. complete fusion of executive and legislature, the
Most importantly though, members will no voting system leaves us with huge majorities,
longer be elevated to the peerage, and, thus, be- and the rule of law is often left in a precarious
come members of the legislative House of position. If the new
Lords. At the same time, court were to step into
the substance of the court “The danger is that with live this accountability

carry on the all the work TV feeds and a more public welcomed, not casti-
Obama decide to call. will not change. It will breach they should be
The Treaty also extends the Union’s competences to cer-
tain sensitive policy areas including combating terrorism and of the House of Lords as profile, the UK Supreme Court gated. Those who call

the Privy Council. The might lose its judicial excel- law, rather than to say
tackling crime, and, to some extent, energy policy, public well as some functions of for judges to apply the

health, civil protection, climate change, services of general
interest, research, space, territorial cohesion, commercial
policy, humanitarian aid, sport, tourism and administrative
cooperation.
The Lisbon Treaty will also ensure that the role of the EU
as an actor on the global stage is enhanced. A new High Rep-
resentative for the Union in Foreign Affairs and Security
Policy, who is – at the same time – Vice-President of the
Commission, will ensure the visibility of EU external action,
even though his interaction with the EU President is yet to
be defined. The High Representative will be supported by a
new European External Action Service, an EU diplomatic
corps.
Contrary to some popular myths, especially rampant in
Ireland before the its first referendum on the Treaty, and in
the United Kingdom, the new Treaty does not impinge on
the neutrality of member states, does not put public services
at risk, does not weaken the social achievements of member
states, does not change Irish or Polish laws on abortion, nor
does it take away the British pound, change Czech laws on
German-held property after WWII, change tax laws, or cre-
ate a European super-state, or a European army poised to
strike in conflict zones, take away member states’ right to
formulate their foreign policy within the framework of prior
treaty commitments, or aim to take away Security Council
seats of Permanent Members.
Unfortunately, the Lisbon Treaty will also not make the
EU treaties easier to read. But, if they were, who would need
lawyers?
Matthias C. Kettemann is an LL.M. student from Austria.
same Law Lords have lence, becoming more like its what it should be, are
been transformed into the
new Justices and differ
U.S. counterpart.” at odds with the very
nature of the common
only in name, and it is law and seem con-
hoped the same high standard of legal analysis sumed in theories of mob justice rather than in
and detachment from politics will remain. legal reasoning. Judicial activism does not mean
This all sounds pretty good, save for the new the end of the rule of law; in fact, a strong judi-
court’s £90 million start-up check. Still, the old ciary is necessary to give it effect. Given the
Law Lords maintained their judicial excellence choice of a judge or a politician, I know which
by remaining rather aloof from the political one I’d pick.
scene. The danger is that with live TV feeds and Despite its garish emblem, its hideous building
a more public profile, the new court might lose and its astonishing price tag, the new Supreme
this and become more like the U.S. Supreme Court should be welcomed. It ensures true sep-
Court. Deadlock in a partisan court is not good aration of powers. It buttresses judicial inde-
for the law. Politics harms legal reasoning, it sti- pendence while offering the possibility of a more
fles judicial law making and at its worst leads to accountable executive. After the swearing in, as
injustice. The creation of a Supreme Court is to the Justices take off their new black and gold
ensure that there can be no interference from the robes, they should be proud of themselves. In
politicians. Thankfully, the appointment process their own, relatively understated British way,
gives the executive, and the legislature virtually they have created a truly independent final court,
no say, so the problems of the U.S. seem un- which became largely of their own design once
likely, and the same high calibre judicial minds the politicians became bored with the project.
will still be present. If the court is to be a suc- The name grates, parts of the court are rather
cess, though, the justices must remember that, tacky, and some of the old world charm has
first and foremost, they are lawyers. They should gone, but behind this we are left with a true and
not be swayed by public opinion; a court based independent instrument of justice, and that’s
on this is no court at all. something with which we shouldn’t quibble.
The need to follow the law rather than the ebb
and flow of the public mood should not mean Peter Wickham is an LL.M. student from the
that the court is dissuaded from developing the United Kingdom.

Will America Fiddle as the ICC Shapes International Law?

BY NICHOLAS JOY
Not long ago, “the idea of an interna-
tional criminal court was goofy,” ac-
cording to Jeremy Rabkin. The creation
of the International Criminal Court
(ICC) has not changed his position. On
Thursday, October 8, Professor Rabkin
debated the future of U.S. policy to-
ward the ICC with Prof. Lori Dam-
rosch in an event hosted by the
Federalist Society.
A decade after the Rome Statute en-
tered into force, creating the ICC, the
United States is one of few western
countries that has not acceded to the
Court. Rabkin, who teaches at George
Mason University School of Law,
hopes it stays that way. “It is important
for us to say that we don’t think [the
ICC] has any legitimacy,” he said. “We
will be better off having a policy of sus-
picion and disdain. We should hope the
ICC goes bankrupt.” To Rabkin, the
ICC has proven to be ineffective and
unbalanced, involving itself with a se-
ries of relatively small African nations
while taking little action against the
worst human rights offenders. “The
whole institution is an exercise in sym-
bolism.”
Damrosch, who is visiting from Co- Rabkin cast dispursions on the his- the rules would be drafted in Washing-
lumbia Law School, was more opti- torical roots of the ICC and the tri- ton and the trials would be conducted
mistic about the potential of the ICC. bunals established for Yugoslavia and by officials responsible to the U.S.
Although she stopped short of recom- Rwanda. For Damrosch, the ICC’s ori- President,” he would be more inclined
mending accession to the Rome gins date back to World War II and the to support the ICC. Rabkin expressed
Statute, she said that the “somewhat U.S. involvement in the Nuremburg concern that if the United States joined
blunderbuss way” that the United Trials and the International Military the ICC it could lead to American
States has engaged the ICC has been Tribunal for the Far East. “Most Amer- troops in the field being second-
c o u n t e r p r o- icans are proud guessed by an international prosecutor
ductive. Dam- “If you could assure me that the of those accom- with no military experience, enforcing
rosch says that plishments. The an unestablished and vague body of
the American
rules would be drafted in effort that is law. “It is crazy while conducting wars
Servicemem- Washington and the trials would going on now to have an international diplomat look-
ber’s Protec- be conducted by officials respon- [extends] the ing over your shoulder,” he said.
tion Act, sible to the U.S. President,” legacy of Damrosch took issue with the asser-
which pro- Nuremburg.” tion that the ICC would operate in a
hibits the [I would] be more inclined to Rabkin views legal vacuum. “The laws of war took
United States support the ICC. the tribunals that hold in the late 19th Century [and the]
from provid- - Prof. Jeremy Rabkin came after Geneva Conventions recodified them.”
ing military World War II in Damrosch admitted, however, that,
aid to coun- a very different “This crime of aggression, which is not
tries that have ratified the Rome light. “We should not be proud of the yet defined, is problematic,” she said.
Statute, sends a counterproductive mes- tribunals, but the war effort that de- At one point, Rabkin expressed con-
sage. “[The ASPA] included several feated” the Axis powers, he said. He cern that the ICC “is going to be [...] a
steps widely perceived as bullying pointed out that the United States had lynch mob for Israel.” He also argued
measures,” she said. According to negotiated the London charter, which that the ICC’s exclusive involvement
Damrosch, American opposition to the set up the Nuremburg Trials, with the with African countries is demeaning
ICC has created a backlash and limited other occupying powers, who stipu- and a poor substitute for real action.
the United States’ ability to influence lated that only members of the Axis “Why did we have a tribunal in
the ICC. “The U.S. has been shooting powers would be put on trial. Rabkin Rwanda?” he asked. “Because we did-
itself in the foot,” she said. said that, “If you could assure me that n’t want to stop them.”
October 22, 2009
CAMBRIDGE, U.S.A.: ARE J.D. STUDENTS ANTISOCIAL?
Recently returned from a year abroad in the other
Cambridge - the limey one - Record editrix JESSICA
CORSI brings anthropological insight to bear on the
perplexing question of just why J.D. students seem so
unfun - and why, despite studying in the same envi-
ronment, LL.Ms. have them beat.
Allow me generalize and stereotype for a minute,
and to say, Harvard Law School is not the friendliest
place in the world. I’m not saying it’s a hostile envi-
ronment, where people rip the pages out of books.
And I’m sure many people meet their lifelong best
friends here, as well as happily marry their classmates
(happy anniversary, Barack and Michelle). But if
you’re coming from somewhere else,
you can’t help but notice that, while
civil, its neither a particularly warm
nor a particularly social environment.
Lately I have gotten into the habit
of saying hi to everyone, including
random people that I don’t really
know. And my new building is
chock-full of law students, who are
pretty easy to spot. So I felt even
more comfortable smiling and intro-
ducing myself to these classmates
when I met them in the elevator or on
the stairwell. Apparently this is not
the right approach, because the con-
versations immediately stalled. “Hi,
I’m Jess, I just moved in. I’m at the
Law School, how ’bout you?” If I was
lucky I received a tight smile in re-
sponse. Sometimes, people re-
sponded with, “Hello.” Getting basic
information from them—like, oh,
their names—was like pulling teeth.
After a few days, I stopped smiling
at the people in my building. It
brought me back to 1L actually, when,
just as in Legally Blonde, people would
create closed study groups and actually tell people
“No you can’t join” to their face in front of other
members of the “group.” Other classmates would de-
clare (in private of course) that they had already cho-
sen their friends and that they didn’t want any more.
So then, if both your study group and your social cir-
cle are full, why bother smiling at someone in your
elevator? This might be called Theory #1 of why Har-
vard J.D. students seem so antisocial: the “my dance
card is full” theory. But for schmoozy future lawyers,
you’d think they could at least view these as net-
working opportunities. We’ll have to pursue other
theories.
Theory #2: HLS students are inherently socially
inept. I have never had so many awkward conversa-
tions in my life as at HLS. I have also had the pleas-
ure of overhearing many a ridiculous one. Favorite
encounters of mine from the past: “You know what
seersucker is; you must have a house in Nantucket.”
My response: “No, I’m just into fabrics”. Section
mate overhearing a friend who had visited my apart-
ment and who had liked it: “Oh? Do you have a big
apartment?” Me: “Well no not really but—“ Cutting
me off: “Yeah, so do I. I have a really big apartment,
too.” Well—thanks. Awesome. Happy to hear that.
Amazing conversation we’re having here. Next you
can ask me how big my bank account is. My first day
sitting in the Hark café, I was lucky enough to listen
in on, “And then her parents gave a menorah. A meno-
rah! Can you believe it? I mean, other people gave
like, $1000.” Not much to say in response to that.
Next Record:
November 5
Harvard Law Record Page 9
But its been my LL.M. friends that have really on. If you have free time, you’ve screwed up.
summed it up the best. My favorite LL.M. story wnt It’s just too busy here. Its one of my least favorite
like this: an LL.M. student walks into class on the aspects of life at HLS, and results in people prefer-
first day, sits down, and turns to the person next to ring to wave to you as they pass by then stop and
him. He smiles, sticks out his hand, and introduces speak to you for 5 minutes. If they do stop and speak,
himself with his name and where he’s from. The their likely answer to “how are you?” is either “busy”
J.D.’s response: blank stare, followed by, “Hi.” or “tired.” Fun bunch we are when we’re pulled in so
LL.M. waits. Maybe she’s going to offer some simi- many directions at once. The faculty and staff cer-
lar information, like, oh I don’t know, her first name, tainly seem to encourage this. At Cambridge, the first
something really deep like that. No; it doesn’t come. thing I heard was to make sure not to overdo it, and to
Not wanting to fall into the “What’s your name?” take the time to engage in fun activities. Here, there
conversation reserved for small children (to be fol- are high expectations from every camp, without much
lowed with “And how many years are you?” and a allowance for other coursework or outside commit-
few fingers held in the air), he asks her what class ments. But it can’t all be chalked up to outside pres-
sure: HLS students are the type
who constantly drive them-
selves, and that can add up to a
tense and hurried social setting.
And yet we’re not the only
high-powered law school out
there. Why is it that they seem
to have more fun at Stanford or
NYU? Theory #4: New Eng-
land is not such a barrel of
laughs. Let’s be honest: it’s re-
ally cold here. The bars and
clubs only stay open ’til 1AM.
Again, it’s really cold. New
England is not known for its
hospitality, and Harvard is not
known for its party people.
Also, it’s really cold.
Still, law students in Stock-
holm seem to know how to
have a good time. Boston on
the other hand is known as a bit
of a tough town. With its mob-
ster heritage and diehard sports
J.D. student on a typical Saturday night? fans, it’s not a soft and squishy
Photo licensed under Creative Commons 2.0 by Flickr user umjanedoan. place. If we all went to law
school in Rio, on the other hand,
she’s in. “2L.” Blank stare; you can practically hear we might be more apt to blow off studying to meet
the “plink plink” of their eyelids as they awkwardly our friends at the beach or skip out for the entire week
look at each other. And that, my friends, was the close of Carnival. In other places, the pressure runs in the
of their conversation. LL.M. friend: “The thing is, it’s opposite direction, and you’re chastised if you’re too
not like she didn’t want to talk to me. She didn’t turn much of a workaholic. If only HLS were that place.
away; she stayed engaged. It was just that she could- But we’re not a homogenous crowd, or at least,
n’t manage to say anything.” there is another group lurking amongst the J.D.s:
But not everyone is so tongue tied, nor is every con- they’re the LL.M.s, and they seem to have much more
versation boring or pompous. Our school is heavily fun. I’ve been studying them to find out why. In the
diverse, and we do have a fascinating student body. first place, they can savor the shortness of their stay.
So where then are all of these charmers, these socially Their year long course incentivizes them to really live
skilled extroverts who don’t feel like they can have, it up, whereas looking out across three years can feel
max, five friends? prettybleak for a J.D. The other secret of LL.M.s:
Theory #3: they’re either too busy, they think that they mostly hang out with each other. Out at dinner
they’re too busy, or are convinced that they have to with a handful the other night, this group told me
pretend that they’re too busy. In my opinion, HLS they’d given up on J.D.s. “Its not worth the effort!”
was a lot worse in this respect when there were still they said, since J.D.s never made the effort in return
real grades; it put more pressure on us to work harder. and continually “blanked” them: UK speak for when
But even without numerical GPAs, HLS is still a pres- you walk right by someone you know without even
sure cooker of expectations and demands. And since bothering to acknowledge their presence, let alone say
the economy has tanked and firm jobs are no longer hi. J.D.s note this too; I remember a friend com-
handed out on a silver platter, all sorts of new and plaining to me about this phenomenon and how he’d
quite serious pressures have reared their ugly heads. gone to a dinner party with a guy he’d met no less
Even if you have a job, there’s still the pressure to be than five times, and who still insisted that they didn’t
up at 6AM jogging, working on a journal, doing know each other. Maybe this person was too stressed
something else impressive, finding your future hus- out to remember; or maybe he was on a power trip of
band/wife (if you’re one of the ten people who arrived acting like he was too important to remember. What-
unmarried), and so on. To hedge your bets, you’d bet- ever the case, it stinks.
ter apply to 40 jobs, ten clerkships, 15 fellowships, So what’s a frustrated J.D. to do? My advice: infil-
and attend all sorts of lunch time lectures, weekend trate the LL.M. class. And if that fails, head to the Ed
trainings, research for your favorite professor, and so school: teachers are nicer than lawyers, hands down.
Send Us Your
Comments and Opinions!
EMAIL RECORD@ LAW
October 22, 2009 Harvard Law Record Page 10

The Garment District: It’s Not a District, it’s a Store (and it’s Halloween Heaven)
BY JENNY PAUL
Are you rushing to cobble together a costume for next
week’s Halloween party? Whether you need to find an
entire costume or just need to add the finishing touch to
your outfit, look no further than The Garment District,
a Cambridge Halloween hotspot with two floors full of
costumes and accessories. The
store carries an array of ready-
to-wear costumes, ranging from
Grecian goddess outfits to pirate
get-ups to flapper dresses. Cus-
tomers on a budget can check
out the Garment District’s sec-
ond floor, where the store sells a
variety of vintage clothes that
choose to rent matching his-and-her costumes, such as
the Cinderella and Prince Charming set or the medieval Other Halloween
Romeo and Juliet ensemble. Boston Costume has 5,000
costumes available for rental, manager Terry Anderson
costume Hot spots:
said. “They go anywhere from Roman and Egyptian to Dorothy’s Boutique
mascot type ones, like grizzly bears and lions,” Ander- 190 Massachusetts Ave., Boston
son said, noting the rentals range in price from $45 to Mon - Sat: 10 a.m. - 6:30 p.m
$175, with an average cost of $95.
This year, the store took its first
Sunday from 12 to 6 p.m.
Halloween rental order in February
T Stop: Hynes Convention Center
and probably will take its last the day (Green Line)
after Halloween for parties being
held on Sunday, he said. This year, Goodwill Retail Stores
the most popular rental choices have 520 Massachusetts Ave., Cam-
been storm trooper, Batman and griz-
zly bear costumes, he said. Because it
bridge

can be paired together to make a is late in the Halloween season, An-

Mon - Sat: 10 a.m. - 7 p.m.
retro Halloween costume. derson urged costume seekers to
Sunday from 12 to 6 p.m.
“We have a bunch of used keep their options open. T Stop: Central Square
clothing that we have in a big “The easiest thing is to come in (Red Line)
costume room, which is mix and with a couple of ideas, not just one
match,” Garment District assis- set idea,” he said. “If you can leave
tant manager Ryan Olenick said. your field open a little bit, you’re
965 Commonwealth Ave., Boston

“You can make something from the 50s to Space Age
stuff.” Olenick said he encourages customers who ask
for his advice to put together their own costumes. “I say
make your own for the most part, because it’s more fun
that way,” he said. “You won’t be walking down
Comm. Ave. [in Boston] wearing the same thing as a
girl 15 feet away from you.”
Costume rentals are available through Boston Cos-
tume, located within the first floor. The selections are
pricier, but more elaborate, and customers can even
going to have a much better time and not stress in the
Mon - Sat: 10 a.m. to 8 p.m.
crowds.”
Sunday from 12 to 6 p.m.
Be prepared to encounter crowds during the week T Stop: Pleasant Street
leading up to Halloween — The Garment District does (Green Line)
double to triple its usual business in October, said
Olenick, the assistant manager. The store is open from
11 a.m. to midnight Sunday through Friday and from 9
a.m. to midnight on Saturday through Oct. 31. The Gar- Film: Hamamoto’s
ment District is located at 200 Broadway, four blocks “Masters of the Pillow”
from the Kendall-MIT T stop on the Red Line.
BY TITUS LIN
In an attempt to break stereotypes

With Soup and Cider, HLS’ New Social Change

about Asian-American sexuality, Dar-
rell Hamamoto, a professor at UC

Study Program is Just Getting Warmed Up

BY KATHRYN LEGOMSKY
On a dismal and snowy Sunday afternoon, students and
faculty trekked over to the Newton home of Professor Ben
Sachs for warm fall treats and informal discussion about the
social change community at Harvard Law School. This
“Soup & Cider” retreat was hosted by the Program of Study
on Law and Social Change, one of the five programs of study
that offer “pathways through the HLS curriculum.”
The event was the first of its kind since HLS launched Pro-
grams of Study, meant to serve as communities of academi-
cally and professionally like-minded students, two years ago.
Its goal: to unite the social change community at HLS.
The philosophy behind the social change program is that
law is deeply implicated in our economic, political, and so-
cial worlds. The pursuit of social change, then, invariably in-
volves an engagement with law. The program helps students
understand how law can be harnessed for social change, and
how they can pursue careers as social change agents, in areas
ranging from health care to immigration, criminal justice and
international human rights, by engaging in, for example, lit-
igation, electoral politics, and organizing. The intent is to
enable students to develop a rich understanding of the prom-
ises and limitations inherent in the various modes and areas
of work that are of interest to the student.
Via a bouncy school bus, fifty brave students – not entirely
sure what to expect – arrived at Sachs’ home en masse. They
warmed up with hot cider, toasty fall pies, and home-made
squash and tomato soup. Soon, the breakout discussion ses-
sions – the core activity of the retreat – began. Faculty ad-
visors, including Dean Martha Minow and Professors David
Grossman ’88, Deborah Anker LL.M. ’84, Gerald Frug ’63,
and Ben Sachs led informal, small-group discussions about
law and social change at HLS. Two common themes
emerged from many of the discussion groups: first, how 1Ls
can interact with and benefit from the (alleged) wisdom of
upper-class students, and second, how to build a community
of like-minded social change people at HLS – across sub-
stantive legal areas of interest, between students and faculty,
and with the other Programs of Study.
Several ideas for community building emerged from the
event, and plans are already underway to host a weekly drop-
in table in Harkness Commons where students and faculty
interested in social change could meet for lunch on an im-
promptu basis to discuss topics related to social change. At
least until the new Northwest Corner complex opens, the
lunch tables will provide a critical physical space to gather
and organize. Other ideas included study groups to bring out
themes of social change in the 1L curriculum and allow so-
cial-change-minded students to connect the 1L curriculum to
their reasons for coming to law school, an annual weekend
retreat for current students and faculty as well as alumni, and
unity around events scheduled in diverse substantive law
areas. Illustrating the interconnectednes of diverse legal
areas, Dean Minow told a fascinating story about a project
she led to overhaul special education legislation. The proj-
ect involved not only education law and education groups,
but also – to her surprise – such diverse and unexpected areas
of law as copyright, anti-trust, and others.
Faculty later spoke with students especially interested in
their own areas of law. Prof. Anker spoke about immigration,
Dean Minow about education and civil rights, Prof. Sachs
about labor and employment law, Prof. Grossman about legal
services, and Prof. Frug about local government.
Despite the miserable weather, students and faculty were
overwhelmingly positive about the retreat. Sandra Ray, a 1L,
exclaimed that “everyone I talked to who went really enjoyed
the whole day!” The 1Ls in particular reminded upper-class
students about how isolated the 1L experience can be, and
they especially appreciated this opportunity to come together
and get the inside scoop about the HLS experience, clinical
opportunities, professors and classes to watch, and student
activity opportunities. Many 2Ls were similarly inspired to
take their involvement to the next level. Leah Watson and
Sakisha Jackson, for example, wanted the Program of Study
to form small committees to allow many students to take
leadership roles in building the community.
The event was held on October 18 and organized by faculty
directors Ben Sachs, David Grossman, and Martha Minow,
and student fellows Joy Wang and Katie Legomsky, with as-
sistance and support from Nancy Thompson, Lisa Sachs,
OPIA Director Alexa Shabecoff and Shonu Gandhi ’09.
Davis, created a pornographic film. It
was recently screened for the Asia-Pa-
cific Law Students Association as part
of a monthly series of discussions
aimed at encouraging frank discussion
of Asian American identity issues, en-
titled RACE (Raising Awareness for
Cultural Equality). So far, it has ex-
plored stereotypes of Asians as “per-
petual foreigners” and “model
minorities”.
Hamamoto wants to revolutionize
mainstream perceptions of Asian Amer-
icans, particularly males. The docu-
mentary attempts intellectual rigor by
including comments from Asian-Amer-
ican actors, playwrights, and academ-
ics, but for many who attended the
screening, his attempt at a revolution
fell short. For one, the porno his proj-
ect produced was just bad. More im-
portantly, though, the actors’
Asian-American identity does not come
through. “Japan already produces Asian
pornography,” one viewer complained.
Another suggested, “it would have been
more revolutionary if he had paired an
Asian male with a non-Asian female.”
Others said the film did little to
change Asian-male stereotypes, and
may have even reinforced them. The
male lead was described by some view-
ers as “meek and unassertive”. More-
over, the plot of the porno involved the
male lead seducing the female lead by
teaching her how to play a video game.
Criticisms were raised around the irony
of attempting to use pornography to
break stereotypes of Asian females,
given pornography’s propagation of
oversexualized female stereotypes. Yet,
while falling short of Hamamoto’s in-
tentions, the film succeeds in provoca-
tively drawing attention to insidious,
widely accepted stereotypes.
October 22, 2009
Amnesty, cont’d from pg. 4
Amnesty have embraced the indivisi-
bility of all human rights to move be-
yond the narrow focus on civil and
Harvard Law Record Page 11
rights among the G-20. Moving ahead Entertainment Lawyer
Reached for the Stars – Now,
in the global fight against poverty, she
said, requires this ratification, and

They Reach Out to Him

political rights that dominated during China’s ratification of the International
the Cold War era, and continues to grip Covenant for Civil and Political Rights
the U.S. in a limited “civil rights” ap- (ICCPR). Both the U.S. and China
proach to human rights legal entitle- should be leaders in linking economic
ments. growth to human rights standards, par- BY JENNY PAUL the habit of talking directly with
Khan advocated instead for an expe- ticularly the need for full democratic clients.”
rience based approach to human rights. participation in economic development At first glance, Aaron Rosenberg ’02, Rosenberg encouraged students to at-
Beyond legal texts, she explained, we strategies. a bespectacled, self-described “Jewish tend speakers’ events and try to estab-
must focus on the lived experience of She pointed out Brazil, China, and guy from Kansas City,” doesn’t look lish relationship with Harvard Law
the poor and the marginalized. This ap- India as examples of growth that has like the type of guy who spends his alumni working in the field.
proach is strikingly relevant to the left the poorest segments of society be- days brokering deals for hip-hop big “I feel like Harvard Law School pre-
American experiences that have come hind. But data also show the stark in- shots like Three 6 Mafia – the group of pares you in that it exposes you to an
to light in the recent financial crisis. equalities of American life as well and “It’s Hard Out Here for a Pimp” fame. amazing alumni network…who, for the
While U.S. law does not provide for a the developed world consequence of But Rosenberg’s knack for finding un- most part, really enjoy helping students
right to work or a right to health, the letting the market rule without a human signed, fresh talent, coupled with luck out,” he said. Rosenberg met Strauss
country is gripped by record unem- rights based floor for goods such as and a few pivotal entertainment indus- Zelnick ’83 – then CEO of BMG En-
ployment and a staggeringly damaging heath care and education. try mentors, catapulted him into a bur- tertainment – at a law school event,
lack of health care. Reflecting on what As Khan traced Amnesty’s path over geoning hip hop and R&B practice, in kept in touch, and spent his 1L summer
the U.S. needs most now, and starting the years, she argued that its mission which he has repre-
from this experience, our right to access has been quite consistent. While it used sented Three 6 Mafia,
healthcare and to just end equitable re- to focus primarily on political prison- John Legend, Lauryn
muneration can be seen not as a social- ers, it has expanded to focus on prison- Hill and other artists.
ist construct or a fantastical anti-market ers trapped by poverty and other human Current Harvard Law
idea, but as a necessity for the func- rights abuses. Ironically, Khan com- students looking to fol-
tioning and flourishing of the country. mented, addressing poverty and issues low in his footsteps need
Khan noted that making health care a like health care often leaves groups ac- to take advantage of
right empowers people, creates an ac- cused of wading into the “political,” alumni networking op-
countability framework, and provides a and yet Amnesty focused on political portunities, hone their
remedy, outlining a legal orientation to prisoners for years without receiving negotiating skills and es-
healthcare that would move the U.S. this criticism. This anecdote should be chew the traditional re-
debate in a different direction. instructive as Americans watch the idea cruiting track, he told a
At the international level, Khan of health for all devolve into partisan group of about 100 stu-
called for U.S. ratification of the ICESR squabbling.. dents interested in break-
to create a unified vision of human ing into the niche field of
entertainment law.
“It’s just a matter of On Monday, for once, Aaron Rosenberg ’02 didn’t
persistence,” Rosenberg just help the show go on – he was the star attraction
said Monday at the
Comment, cont’d from pg. 2 event, which was sponsored by the at the company after Zelnick offered
Committee on Sports and Entertain- him a $10-an-hour internship.
the American presence in Iraq, and he began an extensive review of the country's ment Law and the Recording Artist “It was barely enough to cover my
goals in Afghanistan, a conflict which appears to have continuing importance in Project. “When you’re here, it’s very expenses that summer,” Rosenberg
the effort to establish stability in a troubled region. In the course of his first year easy to get lost in this soup. Everybody said. “I lived in a really crappy apart-
he has delivered speeches around the world – including his noted address in Cairo is focusing on the traditional recruiting ment with four of my friends, but it was
– that have laid out a vision of peaceful coexistence between Western nations and track, and it’s a lucrative track, and peo- great. I was in the business.”
the Islamic world. President Obama has initiated summit-level talks by the UN Se- ple have loans. There are all of these Rosenberg said students interested in
curity Council on the subject of nuclear weapons reductions, leading to a binding other pressures. It requires some sacri- the entertainment business should un-
resolution expressing a commitment to a nuclear-free world. And he has backed fice.” derstand they also won’t be making the
up this commitment by listening to the intense Russian criticism of the missile Rosenberg said a bit of luck jump- money that other students who follow
shield plans orchestrated by President Bush, redeploying the American presence started his career during his third year the traditional recruiting path will make
in a way that is less threatening to Russian interests, and by expressing a desire to of law school when he met John Leg- after graduation.
enter dialogue with North Korea and Iran regarding their nuclear programs. He end, then an unsigned artist still known “The people who get those jobs [at
has, finally, taken significant steps in the involvement of the United States in as John Stephens. Legend became boutique entertainment firms] are the
human rights through "experimental" membership in the United Nations Human Rosenberg’s first client when he started people who are willing to work for
Rights Council. work as an associate at the New York peanuts,” he said, noting the starting
Looking back to the history of the Nobel Peace Prize, it seems likely that Pres- office of Greenberg Traurig after grad- yearly salary for associates is usually
ident Obama's selection will come to be viewed as sharing characteristics with uation. around $40,000. “It’s not glamorous
many of the previous American laureates. Martin Luther King Jr. was a young, “You can say I had a little bit – no, a work, but that’s a part of paying dues,
passionate, and charismatic orator whose words drew the attention of the nation lot – of beginner’s luck,” said Rosen- because every profession in the enter-
and the world, moving forward an already mounting effort to bring about genuine berg, now a partner at the boutique firm tainment business has an element of
racial equality. Obama, too, has made moving speeches and great strides toward Myman, Abell, Fineman, Fox, dues paying to it. But it gives you a
demonstrating the equality of races and the capacity of Americans to recognize in- Greenspan and Light. “It’s one thing to tremendous platform, so it’s what you
justice at home and in the world. Ralph Bunche, the Harvard educated professor be able to spot talent. It’s another thing make of it.”
and diplomat, whose tireless efforts brought about a significant agreement in the just through all kinds of circumstances And paying dues has its perks. When
Mid-East conflict, demonstrated intellectual nuance and faith in the ability of con- for that talent to have the opportunity to he was fairly new to the business,
flicting peoples to resolve their differences. Obama, too, brings a sophisticated shine.” Rosenberg said he got a call saying that
mind to bear on seemingly intractable problems, showing resolve in the face of But Rosenberg said students should recording artist Lauryn Hill – one of his
criticism and determination that good people can produce good in the world. also take advantage of various re- favorite artists in college -- wanted him
Henry Kissinger was the architect of policies in Vietnam and Latin America that sources at the law school to help them to represent her. She called him at 4
extended the geopolitical influence of the United States in an often shadowy bat- get experience and hone the skills they a.m. to discuss the deal.
tle to curtail the influence of the Soviet Union, but he was honored in 1973 for his will need to be successful entertainment “It was her – that voice I had heard so
conclusion of the Paris agreement to bring about an end of American involvement lawyers. The negotiation workshop many times rapping. It was so exhila-
in Vietnam. Obama too will carry forward a legacy of conflicts in far-flung re- taught him how to effectively commu- rating,” Rosenberg said. “[I thought]
gions of the world, embarked upon to extend U.S. influence against a vague yet nicate and broker with people from all ‘I’m so excited to be representing her.
dangerous threat, but his expressed commitment has been to use force judiciously walks of life, he said, while the clinical This is why I’m here.’”
in only such places as it can lead to protection of peace and democracy. Theodore programs can help students “to get in
Roosevelt, Woodrow Wilson, and Jimmy Carter, the three prior President-Laure-
ates, were all involved in their own military pursuits, but each made strides toward

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securing peace for humanity, Roosevelt through the end of the Russo-Japanese

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war, Wilson through the creation of the League of Nations, and Carter through his
participation in numerous negotiations in North Korea, the Middle East, Africa,
and the Americas. Given time and continued persistence, Obama's acheivements
may come to encompass similar accomplishments.
 ENDGAME
Page 12
THE IMMORTAL ESSENCE OF OCTOBER BASEBALL
Record Sports Editor MARK SAMBURG refused to give a
postseason forecast last issue out of a deep conviction that the
Red Sox would be eliminated in the first round by the Angels.
This article was held for publication after the Sox elimination
from the playoffs.
The Steal. Mr. October. The Big Red Machine. The un-
forgettable plays, the heroes, and the legends have always been
born in October. Magic dominates from the first pitch until a
single victorious team drips with champagne and cheap beer.
Baseball cannot be reduced to the page. Many have tried,
and none have yet succeeded. I have no illusions about my
own ability to capture baseball in mere written words. Base-
ball must be lived, breathed, and loved.
At its worst, in meaningless games played in forgotten towns
in the last week of June, baseball is a game of irresistible per-
sonalities. At its best, with the finest closer in history stand-
ing four outs from another World Series and an unknown
speedster hovering off first, it is an immortal collection of im-
ages and stories. October baseball is effortlessly immortal.
I tried to write a preview of the weeks to come—an inade-
quate effort to predict the unpredictable. Even if I could, (and
I can’t), even if I wanted to (and I don’t), I wouldn’t. The
magic of October baseball is inextricably tied to not knowing.
The truth? Nobody knows what October will bring. We can
guess, and we do, but balls will take bad hops, pitchers will
find one final masterpiece in arms believed to be out of gas,
and doctors will stitch tendons together, leaving the hopes of
millions in a blood-soaked sock. Any claim of October clair-
voyance is an affront to the majesty of the playoffs, blasphemy
against the interminable tension of the game’s greatest month.
The moments are here, the heroes waiting in the wings. In
New York, a third-baseman waits in pinstripes, eager to prove
his October chops, desperate to leave behind autumn failures.
Last year’s champions wait in Philly to do what few have
done. An old ballpark, beloved by its players and fans, hated
by those who journey to play beneath its billowing roof, waits
defiantly, not yet ready to say farewell to Minnesota baseball.
A brilliant manager—maybe the best ever, stands on the brink
of another St. Louis October. The hero of two Boston au-
tumns, exiled and nearly forgotten, waits with New York’s
own abandoned legend, both awaiting redemption in southern
California. In a moutaintop humidor, leather and twine soak
in moisture to hamper their flight—to level the most unlevel
field. Three thousand miles away, a seemingly unstoppable
lineup carries the memory of a lost tenth man as they face an-
other inevitable tangle with their classic October nemesis. Far
closer, just across the river, an eternal underdog, newly ac-
Harvard Law Record
quainted with the bliss of victory, places its hopes
on the shoulders of a diminutive second baseman
with drive unseen outside the greatest of cham-
pions and a dominating closer who has yet to
allow a run in any of his Octobers.
Nobody can know who will emerge victorious,
or which seven will face the long walk back to a
clubhouse unprotected by plastic sheeting, empty
of champagne and newly opened boxes of caps
and t-shirts. All we can know is that October is
upon us, and that it has brought the best of base-
ball with it. There is nothing like October base-
ball; even on television, the dirt is drier, the grass
greener, and the intensity palpable. Baseball siz-
zles in the playoffs. Listen to your television or
your radio. If you’re lucky enough to make it to
a postseason game, close your eyes for a moment
between pitches. You will hear baseball, and you
will hear the intensity of these games and the men
Making Waves in Treacherous Temperatures
LL.M. student Siyuan Chen, from Singapore, braved chilly weather to photograph the Harvard Law
School crew team as they raced at the Head of the Charles Regatta on Saturday. The HLS team per-
formed strongly, under the guidance of coxswain and MVP Kate Walro ‘12, securing a victory in the
Law School division with a time of 17 min. 47 sec. on the three-mile course.
October 22, 2009
From Classroom
to Clubhouse:
Dersh in the
Dugout
Professor Alan Dershowitz and
Red Sox CEO Larry Lucchino
pose with the World Series tro-
phies and with the students in
the Dershowitz/Lucchino first
year reading group on Sports
and The Law.
“Professor” Lucchino invited
the class to conduct one of its
sessions at Fenway Park and to
attend the Red Sox game fol-
lowing class. The Red Sox lost
to the Blue Jays 8-7 after an 8th
inning rally, but went on to
clinch the wild card spot in the
postseason when the Rangers
lost later that evening.
The Red Sox postseason ended
just a few weeks later when they
were eliminated by the Los An-
geles Angels in a first-round
sweep.
who play each game as if there are no more
games to be played. For some, this will be true.
For those lucky few who will set their cleats on
the dirt of a field over the next four weeks, the
pressure is never higher than October. For the
millions of us who live and die with each pitch
from their ace, each swing from their #9 man, the
next month is the pinnacle of sports fanhood—a
marathon at a sprint’s pace. Enjoy the games.
Suffer through the horrible play-by-play com-
mentators that national networks shove down our
throats, replacing our own beloved broadcast
teams. Marvel at Craig Sager’s postseason
“wardrobe” (and your ensuing epileptic seizures).
Hang on each pitch. Love the heroes. Remem-
ber the moments. Take this month to experience
baseball at its finest. And yes, of course, GO
SOX!
Photo: Siyuan Chen