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130 Harv. L. Rec. 1 (2010)

handle is hein.journals/hlrec130 and id is 1 raw text is: The Independent Newspaper V asI at Harvard Law School Harrd Record January 14, 2010 www.hlrecord.org twitter .@hlrecord Vol. CXXX, No. 1 Feds Run Amok? Civil Liberties Lawyer Uncovers Prosecutors' Abuse of Power Harvey Silverglate '67 Tears into System in New Book By MATTHEW W. HUTCHINS When Raj Rajaratnam was taken into federal custody for violating securities laws, his arrest came with prosecutors' and investigative agencies' usual fanfare over having rooted out a bad apple and sent a warning to other would-be violators. Within days, his hedge find, the Galleon Group, had shut its doors, unable to cope with the pressure the indictment put on its ability to carry on business. The weight of an indictment by a federal grand jury can crush even the most prom- ising career. And while the gravity of an accusation would seem to counsel restraint in the pursuit of those who violate federal law, a new book, Three Felonies a Day: How the Feds Target the Innocent, by Harvey Silverglate '67. Photo: Elsa Dorfinan prominent Boston defense attorney Har- vey Silverglate '67, argues that the truth is the exact opposite. According to Silver- glate, federal prosecutors have increas- Feds, cont'd on pg. 2 Double Jeopardy! HLS Student, Grad Take Center Stage on Game Show Former HL Record Editor Joins Husband as Champion By CHRIS SZABLA Former HL KeCOrd Lt dor-in-Chief Andrea Saenz '08 (top) and 3L Sarah Boyette '10 appeared on the game show Jeopardy! Photos copyright Jeopardy Productions, Inc. News * World at Most Peaceful Ever? * Posner on Financial Reform * Judicial Elections Corrupt? Opinion * India Buries Kashmir Dissent * Nigerians Condemn Terrorist Features * The Fabulous Return of Fenno * A Church Closes on Christmas * Photos: Winter Near and Far Though it goes without saying that Harvard Law School students and alumni are smart, it's not every day that they get to show off their often consider- able non-legal knowledge. But the chance came for both Sarah Boyette '10 and Andrea Saenz '08 over the last few weeks, when both starred as contest- ants on the quiz show Jeopardy! Just getting on the long-running show is a chal- lenge - requiring both an admissions test and a practice game - and any contestant whose appear- ance airs is well-qualified for the match. Saenz, who was the Editor-in-Chief of the Harvard Law Record from fall 2007 to spring 2008, and who now works as an immigration attorney in Boston, knew the -protocol better than most. Her husband, Dan Jeopardy!, cont'd on pg. 7 By JENNY PAUL Dean Martha Minow took the helm of Harvard Law School at a time when a dwindling endowment and university- wide budget cuts have forced the school to employ cost-cutting measures. Minow assumed the deanship on July 1, inheriting a much tighter budget than in years past. At the law school, each department had to trim its budget by 10 percent, after projections showed that the law school could expect to receive $10 million less from the endowment in fiscal year 2010 than it received in 2009, according to a July HLS press re- lease. Howell Jackson '82 was acting dean at the tim'e the budget cuts and other staff reductions were announced. Still, during her first months as dean, Minow, cont'd on pg. 3 A REPUBLICAN IN TED KENNEDY'S SENATE SEAT? SURPRISING GOP SURGE COULD DERAIL COAKLEY CANDIDACY By CHRIS SZABLA In December, Massachusetts At- torney General Martha Coakley re- soundingly defeated three challengers in the Demo- cratic Party primary for the U.S. Sen- ate seat occu- pied by Edward M. Kennedy until his death last year, and her cruise to an ul- CORONATIONI timate victory Mass. Attorney Gen appeared cer- tain. After all, the state had not elected a senator to sit on the other side of the po- litical aisle for nearly four decades. So when Demo- cratic col- THE UNEXPECT leagues like Republican State S Senator John Photos: Fickr user weinbergag Kerry introduced her as the next Senator from Massachusetts, they weren't just employing the usual campaign rhetoric. But what appeared to be a surpris- ing surge in the popularity - and electability - of Coakley's Republi- can challenger, Scott Brown, threw the levelheaded (and some would say too complacent) Coakley cam- paign into dis- array. Polls were showing the race getting more repeti- tive. Ras- mussedI, a polling service that tends to INTERRUPTED: eral Martha Coakley 'ED INSURGENT: Senator Scott Brown rain (top), Dan Kennedy (bottom) skew toward conservative candidates and which has been faulted for its method- ology, never- theless generated ex- citement among Repub- licans when it showed Coak- ley's lead trimmed to 9%. Subsequent polls have con- firmed gains for Brown, but differ over whether they are much larger or smaller than those reported by Rasmussen. Suddenly, the Coakley campaign has found itself under attack for not going on the offensive since the At- torney General's primary victory, resting on its laurels for a presumed victory in the last round of the spe- cial election, scheduled for January 19th. By contrast, Brown, a State Sena- tor from Wrentham, has been erod- ing Coakley's most serious advantage in the primaries, name recognition, by barraging the air- waves two controversial ads. The first aped the image of former Pres- ident John F. Kennedy, who had himself held the Senate seat later oc- cupied by his brother Ted. It begins with raw footage of President Kennedy appealing for tax cuts, and then morphs into an image of Brown finishing his words, before Brown is shown in color saying that tax cuts could help grow the economy. By reminding voters of the former President's tax policy, Brown's ad was clearly intended to tie his candi- dacy to the legacy of the Kennedy family - a mantle a Republican was Election, cont'd on pg. 3 Dean Martha Minow Discussion with the New Dean MARTHA MINOW SPEAKS ON HLS' CHALLENGES, ACCOMPLISHMENTS

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