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101 Harv. L. Rec. 1 (1995)

handle is hein.journals/hlrec101 and id is 1 raw text is: HvD America's Oldest Law School Newspaper Hard Law RECORD 35 CENTS Volume 101, No. 1 CCambridge 02138 Friday, September 15, 1995 Fried to Take Seat on SJc By David Weiss Ending four months of spec- ulation and, at times, acrimo- nious debate, the Governor's Council narrowly confirmed HLS Prof. Charles Fried's appointment as the newest jus- tice on the Massachusetts Supreme Judicial Court on August 30. I think its a wonderful appointment for the Supreme Judicial Court, said Dean Clark '72. I think that when people write the history of the court, they will think of this as a great moment for the Court. The confirmation, which required Lt. Gov. A. Paul Cellucci to cast the deciding vote when the eight-person council divided equally on the issue, concluded a process that began in April with Fried's inclusion by the judicial nominating com- mittee as one of four candidates for the governor to consider for the bench:TeTgovernor ulti- mately selected his former law school professor and Department of Justice colleague, leading to a series of confirma- tion hearings at which Fried was alternately praised and attacked by witnesses. , Fried refused to answer questions on any aspect of his confirmation, saying in a RECORD interview, I'm not giving another interview as long as I live. ... I'm just not talking to the press. As a judge, that's the way it's got to be. After being sworn in on Sept. 27, Fried will step down as please see FRIED, page 15 Photourvtesy ofnH Com muton Dptmenct Justice Stephen G. Breyer '64 related his freshman year expe- riences on the Supreme Court at the Victory Celebration. Breyer Reflects on First Year By Josh Strathman Justice Stephen G. Breyer '64 took time during the Capital Campaign Victory Celebration to talk about some of his experi- ences during his fit-st year on the Supreme Court. 'His-speech Saturday after- noon was attended by nearly 450 students and alumni. Breyer said that because the daily work of any judge is unin- teresting to describe, he would try to focus on areas of greater interest by speaking on the ques- tions typically asked of him in the last year and a half. The most frequently asked questions, said Breyer, dealt with his confirmation process. He was frequently asked whether he found the Senate con- firmation hearings overly intru- sive. The hearings were often criticized for their political aspects. But to criticize the ques- tions senators asked, Breyer said, would miss the point that they are opening a window for people to look at a person who they otherwise would not be able to elect. Senators are asking what they are asking because they believe that some segment of the people and perhaps quite a few Sthose 'Ilect them - would like them to ask them. This process, Breyer commented, keeps a democratic element in an otherwise insulated office. He said he had strong reac- tions when he looked out into the courtroom from behind the bench. Think of the history embod- ied in that courtroom or in the body now presiding. Think of the famous cases heard there. It pro- duces something of a sense of responsibility. Following this vein he noted Cooper v. Aaron as a particular- ly telling case. (This case arose please see BREYER, page 2 By Debbie Solomon Jurists from the United States and United Kingdom's highest courts came to HLS Monday to reflect upon and forecast the future of American and British legal education. U.S. Supreme Court jus- tices Stephen Breyer '64, Anthony Kennedy '61, and Sandra Day O'Connor met with judges from the highest courts in England as well as other prominent British and American lawyers. Justice Kennedy described the program as a way to learn about what sort of new prob- lems we're going to face, even if we find no solutions to the old ones in areas such as the nature of our profession, the problems we have with lawyers and the deteriorating problems of civility and trial publicity. The Anglo-American legal exchange program included discussions of trial publicity with Prof. Arthur Miller '58 and constitutional law with Profs. Charles Fried and Laurence Tribe '66. It also included a discussion of American legal education with Dean Kronman of Yale Law please see JUSTICES, page 15 Campaign Raises $175 Million for Law School More Public Interest Funding Urged By HopE' Yen More than 600 HLS alumni, faculty and guests celebrated the close of a five-year fund drive last weekend that raised $175 mil- lion, a figure that Dean Clark '72 said would help ensure the Law School's continued excellence as it heads into the 21st century. The Capital Campaign Fund, created in 1989 by then-Dean James Vorenberg '51, surpassed its original $150 million goal. It will be used to boost the legal curriculum with library renova- tions, an increased faculty size, and -building improvements, among others. The campaign goal was three times larger than any law school fundraising cam- paign ever completed. The success of the campaign means that Harvard Law School will enter the next quarter centu- ry of legal education and scholar- ship in a wonderfully strong posi- tion, instead of with constant worries on whetherwe c-neet the c~all6nges, Clark said. - The three-day festivities were a time for alumni - some of whom graduated as early as the 1920s - to celebrate the HLS tradition with current faculty and to toast the future together as the Law School prepares for new chal- lenges in preparing its students for the rapidly changing legal profession. Panel discussions, for exam- ple, focused on the implications of practicing law amid the digital revolution; probed into what was in store for legal education in the next century; discussed chal- lengesin human rights work; and examined the current national debate over affirmative action. White to Bring Ex in Poverty, Law to Yen ticularly the Legal Services By Hopeiri Center to help develop the cur- Poverty law specialist Lucie White '81 has accepted a tenured position on the HLS faculty and said she hopes to take advantage of the vast resources here to push community-focused, change-oriented work. I'm interested in helping studentj develop a capacity to work creatively on issues of eco- nomic justice. and equality, said White, who frmerly was a pro-i fessor at the University of California at Los Angeles. I think the resources for creatively engaging people on issues of poverty are unlimited here, so I'm really excited to be a part of the Law School for that reason. I'm certainly looking forward to working with the staff and par- riculum. White accepted the offer last May after teaching here as a visiting professor from 1993- 95. The courses she has taught include Civil Procedure, Community-Based Advocacy, and Social Welfare Law: Politics, Policy, and Practice. She is Cur- rently teaching Civil Procedure this fall. Prof. Lu Lucie White brings unique expertise and a commitment to poverty law, said Dean Clark '72. Her teach- ing and scholarship in that area really makes her a leader among legal scholars. She's really com- The completion of the cam- paign is not the end, but merely the beginning, _ said Finn Caspersen '66, who chaired the weekend victory celebration, as Harvard lights the world of not only legal education but also higher education for future gen- erations.. A group of 20 HLS students, however, was less optimistic as it staged a 90s style demonstra- tion during the events to high- light the need for greater public interest funding. Decked out in interview suits, the students passed out literature urging that the extra $25 million raised above the campaign goal be dedicated to public interest. Alumni donors were politely greeted by members of the group - an ad hoc coalition of students concerned about public interest funding - and were asked to press Clark to dedicate the $25 million toward Ha-,ard's public interest program as legal services for thepoor nationwide endure a 24perent cutback in funding. Amid devastating cutbacks for federally funded legal aid organizations, law schools - and Harvard Law School in particular because it has the resources - have a moral obligation to com- pensate as much as possible for this decreased funding by at least making it possible for students wanting to pursue public interest to be able to pursue that option, said Shannon Liss '96, who orga- nized the effort. She was referring to budget cuts by Congress that have led many legal' aid programs for the poor to lay off lawyers, even as demand for their services appears please see CAMPAIGN, page 2 pertise HLS mitted, so we're lucky to have her. Clark also said that he hopes White will help boost the clinical program. She's on the clinical commit- tee, and we hope to get her more heavi- ly involved as we go, he said. .,White, who was a member of the Harvard Law ::Review and clerked for Judge James McMillan of the ucie White. U.S. District Court f r the Western District of North Carolina, has been a staff attorney for Legal Services in Charlotte. She also has served as supervising attor- please see WHITE, page 5 U.S. and U.K. Jurists Trade Views on Legal Education .............. m--W

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