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111 Harv. L. Rec. 1 (2000)

handle is hein.journals/hlrec111 and id is 1 raw text is: ~ arvard RLaw

America's Frst
Law School

Volume 111, No. I                  Cunbridge 02138              Friday, September 15, 2000
Presidential race not a party for two, says Nader '58

by Justin Herdman
Harvard blood runs like a
river through contemporary
presidential politics. Demo-
cratic   candidate    Vice
President Al Gore attended
the   college,  while   his
Republican opponent Gover-
nor George W. Bush received a
degree from the business
school. But only one presiden-
tial candidate could tell you
the way to Jarvis Field -
Ralph Nader '58.
Running under the banner
of the Green Party, Nader is
waging an insurgent campaign
based on disillusionment with
mainstream party politics.
Campaign finance reform is
just one of the issues that
coaxed Nader into the race,
but he points to it as a ques-
tion of primary importance. In
a recent interview with the
RECORD, Nader derided the
current system for sewing
politicians into the purses of
the wealthy. Money is king,
Nader said, and cash register
politics are making it hard for
citizen  groups   here  in
Washington to get anything
A former editor and presi-

Ralph Nader '58 spoke with RECORD editors this week
before his appearance on the Tonight Show with Jay Leno.

dent of the RECORD, Nader's
law school career was occupied
less with academic excellence
than it was with insightful
journalism. As a student,
Nader wrote celebrated arti-
cles that detailed the hard-
ships of Native Americans, the
commonwealth     status   of
Puerto Rico, and state dis-
crimination of women jurors.

As might be expected from a
man who once admitted to
reading his case books after
the exam, Nader hesitated
when asked if any lessons
from HLS were applicable on
the campaign trail. It never
occurred to me, he said.
Though failing to cite non-
mutual claim preclusion as a
guiding light in his quest for

the presidency, Nader eventu-
ally pointed to a few enduring
lessons from law school. I
learned how to distinguish
reality from pantheons, he
said, and I learned how to
focus on the pursuit of justice
and not to be detoured by all
kinds of secondary issues.
Making of a Candidate
Harvard provided the spar-
ring ring for Nader's career as
a heavy-hitter for the truth.
While still a student at HLS,
Nader penned an article for
the    RECORD       entitled
American Cars: Designed for
Death. This article caught the
eye   of   Daniel   Patrick
Moynihan, now the retiring
senior senator from New York,
who had been appointed in
1961 as an Assistant Secretary
of Labor in the Kennedy
administration. When Moyni-
han decided to launch an
investigation of automobile
safety, he named Nader to
head the study.
The result was a book pub-
lished in 1965 that outlined the
dangerous defects of General
Motors' Corvair. Unsafe at Any
Speed became a best-seller
and made Nader into a nation-

al figure. He used his newfound
fame   to  recruit  Nader's
Raiders - a group of activists
who flocked to Washington,
D C. to lobby for consumer pro-
tection legislation.
As a result of these endeav-
ors, Nader is uniquely posi-
tioned to offer advice to young
lawyers who are desperate to
make a diftbrence. The chal-
lenge begins with finding out
what lawyer means, accord-
ing to Nader. You have to
define the profession as one
that's supposed to further jus-
tice, he said, which means
that it has to have a dimension
exclusively devoted to public
interest law that's well funded.
He pointed to the Appleseed
Foundation - an organization
that promotes electoral reform
- as an example. Perhaps not
coincidentally, Nader is a
member of the Appleseed
Foundation's    Board    of
When asked about potential
sources of financing for public
interest law, Nader reacted
with skepticism to corporate
efforts in the area. I don't
think you're going to get fun-
Please see NADER, p. 13

Sears Prize winners share secrets of success

by Juan Pablo Alban

In the hierarchy of life at HLS,
there are the smart, the really smart
... and the Sears Prize winners. On
Sept. 7, the Law School announced
the four winners of the coveted
Joshua Montgomery Sears Jr. Prize.
The prize is awarded annually to the
two students with the highest grade
point averages in the 1L and 2L
classes. Joshua Feltman '02 and
Steven Lehotsky '02 received the
honor for their 1L grades. Elizabeth
Saylor '01 and John O'Quinn '01
accomplished the same for their 2L
In contrast to the last several
years, only one of the IL recipients of
the Prize is on the Law Review. While
Feltman is a member, Lehotsky
decided not to try out because the
only good reason that he could find to
become a member is that it looks
good on a resume. Lehotsky does
not question that the Law Review
presents an invaluable social and
educational experience for many, but
he could not personally justify the
time commitment it requires.

Neither Saylor nor O'Quinn is on
the Law Review. Saylor is on the
Board of the Legal Aid Bureau,
while O'Quinn is the Editor-in-Chief
of the Harvard Journal of Law and
Public Policy.
And then they were law students
Some gifts may come naturally,
but the Sears Prize apparently
comes at a cost. All four award recip-
ients  maintained   a   proactive
approach to academics, rarely miss-
ing class and keeping up with
assigned readings on a regular
basis. Says Feltman, I attended
pretty much every class, even when
hurting physically.
In terms of preparing for exams,
all four take different approaches.
Saylor tends to use old outlines and
edit them according to her under-
standing  of the   course, while
O'Quinn also uses old outlines but
also sometimes writes short self-
summaries towards the end of a
course. Feltman did most of his own
outlining, though some of it was
done in groups of people. Lehotsky
feels that doing your own outlines is

the only way to internalize the
material and build connections
between different doctrines, rules
and policies.
The prize-winners all spend quali-
ty time studying old exams. O'Quinn
and Lehotsky suggest that students
can gain a valuable understanding
of the types and styles of questions
that a professor is likely to use.
The winners insist that the award
has little to do with intelligence.
Saylor, Feltman and Lehotsky men.
tion a certain degree of luck. All of
them say that they have found most,
if not all, of their classes and profes-
sors interesting and enjoyable.
Saylor finds that good course selec-
tion leads to crucial motivation.
The professor can be more impor-
tant than the topic, she says.
O'Quinn says he finds inspiration
in his religious faith and in the
relentless support of his family. My
engineering background also helps
because it is a similar type of ana-
lytical problem solving, he says.
Saylor also recommends involve-
Please see SEARS, p. 5

HLS welcomes soldiers, scientists and ballerinas

by Phil Barengolts
Like the first day of class and last
minute scrambling for credits, the
arrival of autumn brings with it
another new crowd of Harvard law
There are 555 students in the
Class of 2003. And according to Dean
Clark '72, they all seem positively
The difference in the first-year
class is not just based on attitude.
With more women -    46%  of the
class are female - and a higher
number of ethnically diverse stu-

dents -- 31%
are    from   12MSlDE: TJ
minority      dons his boat
groups   -b
the Class of  Shoe, p. 10.
2  0  0   3
already signals a change from the
traditional entering class at Har-
vard Law.
Dean of Admissions Joyce Curll
noted that the level of minority
enrollment is actually higher than
in recent years. Curll cautioned that
some of this increase may be due to
the method by which the ethnicity of
applicants is reported. Additionally,

Curll said that some of these minori-
ty applicants are actually fbreign
students hailing from Asia, Latin
America, and Africa.
Nonetheless, diversity is a notice-
able trait of the first-year class. The
minority makeup is 14-percent
Asian/South-Asian American, 11-
percent African American, 6-percent
Latino   and   1-percent  Native
And like every group of iLs, these
students are culled from a huge pool
of applicants. According to CurlI,
Please see One-L, p. 11

Faculty, students
mourn another loss
Charny '82 succumbs
to sudden illness
by Stephen V. Scali
The Law School registered shock and
grief at the loss of Prof. David A. Charny
'82, who passed away unexpectedly at his
home in Cambridge on August 31, 2000
after a brief illness.
All of us at Harvard
Law School are shocked
and saddened by David
Charny's death, said
Dean Clark '72, David
was a genius - a bril-
liant scholar and a won-
derful teacher. He has
left us much too soon.     Charny
Prof. Howell Jackson
'82 and Prof. Terry Fisher '82 were both
classmates of Professor Charny at HLS,
and spoke of him with admiration.
I remember him from my days on the
Law Review, said Jackson. Even then he
impressed all his classmates with his bril-
liance and intensity, and how fantastically
well-read he was even as a student.
I remember one of our co-editors saying
that working with David on an article was
the highlight of his law school career,
Jackson said. He was incredibly brilliant,
there was hardly any subject he hadn't read
any literature on. He had an amazing
appetite for knowledge, including philoso-
phy, politics, science, and literature - the
broadness of his appetite was outstanding.
Jackson also stated that Professor
Charny's dedication to students was
impressive, he always put his classes first,
and worked to have good classes.
I would be hard-pressed to find anyone
who wasn't impressed with David, he said.
Fisher remembered Professor Charny as
both a good friend and a very good col-
league. David was brilliant, and has been
Please see CHARN, p. 2

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