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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
Volume 101, No. 1 CCambridge 02138                               Friday, September 15, 1995

Fried to
Seat on

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
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
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
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
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-

White accepted the offer last
May after teaching
here as a visiting
professor from 1993-
95. The courses she
has taught include
Civil    Procedure,
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-
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
mitted, so we're lucky to have
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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