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94 Harv. L. Rec. 1 (1992)

handle is hein.journals/hlrec94 and id is 1 raw text is: rvard



Volume 94, No 1             America's Oldest Law School Newspaper        February 7, 1992
Professor Emeritus Paul A. Freund Dies At Age 83
Scholar Of Constitutional Law And The Supreme Court

Constitutional Law and US Supreme Court scholar, Paul A.
Freund. A person of great intellectual integrlty and insight.

Paul A. Freund, 83, Carl
M. Loeb University Professor
By Mike Chmum
Special to the RECORD
Emeritus at the Harvard Law
School, died on Wednesday,
February 5, 1992 of cancer. He
was a resident of Cambridge.
All of those connected to
Harvard Law School feel a loss
with the passing of Paul Freund,
said Harvard Law School Dean
Robert Clark. He was an out-
standing teacher, to both stu-
dents and colleagues, about the
constitutional framework for our
society. Even after joining the
alumni ranks, his forner stu-
dents sought Freund out as a
spokesman on the School and on
the law. And his colleagues at
the School relied on him con-
stantly through the years for ad-
vice and assistance.
Paul Freund was the domi-
nant figure of his time in the field
of constitutional law, said former
HLS Dean James Votenbrg.. He
combined knowledge, insight,

and a matchless ability to express
His persuasive force came
from the depth of his intellectual
integrity and from his gentle-
ness, said Vorenberg. In 40
years as his student, colleague,
and friend, I never saw a heavy
hand. He was one of the rare few
who, at an institution as complex
as Harvard Law School, could
speak for everyone, because of
his intense loyalty and love for the
School and because his life's
work symbolized the School's
Many thoughtful admirers,
in and out of the law, had been
exposed to his marvelous person-
ality or benefited from his sound
counsel, said former student
John B. Davidson of Chicago.
He similarly touched many
others who heard him speak or
who shared in his gem-like es-
says, sculpting a difficult subject
for us or often simply, but most
beautifully, capturing and de-
scribing the essential- character,
struggle, or contribution of some

great judge or lawyer.
Freund was born in St.
Louis on Februaiy 16, 1908. He
received the A.B. from Wash-
ington University In 1928 and at-
tended Harvard Law School,
receiving the LL.B. in 1931 and
the S.J.D. in 1932. While at the
Law School, he was President of
the Editorial Board of the Har-
vard Law Review.
Following graduation,
Freund served as law clerk for
Justice Louis Brandeis from
1932 to 1933. This appointment
led to a lifetime of research and
interpretation of the works of
Brandeis. Freund worked at the
Treasury Department and the
Reconstruction Finance Corpora-
tion from 1933 to 1935. From
1935 to '1939 and again .from
1942 to 1946 he worked in the
U.S. Solicitor General's Office. -
Freund joined the Harvard
Law School faculty as Lecturer in
Law in 1939, specializIn con-
stitutional law and conflict of
laws. He became Professor of
Freund page 8

Mass~  upremeJuicial .Court>  oHa   L    iciiainSi
SJC Grants StUdents-' Motion For Direct Review Of Lower Cour Ruling
Grn*'-..,ti                              Ofi'  Loo e a.  ' n

In ahighly unusual ,move, the Supreme Judicial
CourtofMassahusetts has granted a motion by Harvard
Byfic Blair.          -
Law students for direct appellate review of a lower
court ruling in their case alleging that the school
discriminates in itsfaculty'hiring-practices,. The de-
cision,' issued on Wednesday, JIa nuary 22, ,means
that the. students will bypass the Massachusetts
Court of Appeals and have their case heard directly
by the state's highest court. The'SJC will consider
whether a lower court ruling, holding that students
could -not challenge their-school's discriminatory
faculty hiring practices in court, should be re-
According to Massachusetts court rules, the
SJC only grants such motions in cases presenting
novel questions of law or issues in the public in-
terest. Harvard University had opposed the stu-
dents' motion.

Numerous civil-rights groups from across the
country, led by the Boston Lawyers' Committee for
Civil Rights Under Law, had filed an amicus curae,
friend-of-the-court, brief in support of the students'
motion before the SJC, as well as a friend-of-the-
court brief in support of the students' appeal. The
civil rights groups' briefs were authored by the
Boston law firm of Widett, Slater & Goldman at the
request of the Lawyers' Committee.
This is a major development in our lawsuit
against Harvard, said Inger Tudor, a third-year
student and a member of the HLS Coalition for Civil
Rights. With this ruling, the SJC has signaled Ifs
recognition that this case presents issues of critical
Importance to civil rights-law for this state and for
this country.
Students suffer direct injuries when their
school discriminates in the hiring of their teachers.
If anti-discrimination law is to apply effectively to
institutions like Harvard Law School, then students

must be allowed to challenge their school's discrim-
inatory facilty hiring practices in court.
On November 20, 1990, the Coalition for Civil
Rights filed -suit in Massachusetts state court
charging that Harvard Law School has for years un-
lawfully excluded women and minorities from Its
faculty. The case, in which the students 'are repre-
senting themselves, is believed to be the first of its
kind in the country. The students are seeking a re-
versal of a Masshchusetts §uperior Court ruling of
February 22, 1991, that they do not have the legal
right to bring the suit.
Of the 66 tenared or tenure-track faculty mem-
bers at Harvard Law School, only-five are women-
all of whom are white-and only six are
African-American-all of whom are male. The rest
are all white men. No women of color, no Latinos,
no Asian-Americans, no Native-Americans, no
openly lesbian, gay, or bisexual persons, and v6
CCR page 4

HLS Offers Tenure To Steiker '86
No Word On Anita Allen '84 Or Gerald Torres

Carole Steiker '86 will be
the seventh woman to join the
Harvard Law School faculty if
she accepts the tenure-track po-
sition recently offered to her by
the administration. The law
school faculty voted in early De-
cember to offer Stelker an assis-
tant professorship, and that
decision was recently ratified by
Dean Clark and the Harvard
Professor Paul Weiler '65,
who chairs the Appointments
Committee, called this a clear-
cut case.
When a record is as out-
standing as Steiker's, he said,
we don't feel we have to wait to
see the entire applicant pool.
Dean Robert Clark agreed
with this commendation, de-
scribing her work and intellec-

tual prowess as, dazliiig.
Steiker graduated from the
law school in 1986. As a first
year student she won the Sears
Prize, and went on to become
President of the Harvard Law
Review. She also served as an
executive board member of the
Women's Law Association.
Steiker's post-law school
record is equally impressive.
Following graduation she clerked
for Justice.Skelley Wrigit on the
D.C. circuit, and later for Justice
Thurgood Marshall on the
United States Supreme Court.
Among her scholarly writ-
ings is an articie published in
the Review in 1985, entitled,
'The Constitutional Status of
Sexual Orientation; Homosexu-
ality as a Suspect Classification.
Since 1988 she has built a repu-
tation as one of Washington
D.C.'s top public defenders.

Asked whether she plans to
accept the offer, Stelker an-
swered that she has not yet
made a decision. She stated
that while she was delighted by
the prospect of teaching at her
alma mater, her acceptance de-
pends on whether her husband,
a D.C. civil rights attorney, can
find work in the Boston area.
The administration is currently
helping Mr. Steiker to investigate
job possibilities that would guar-
antee his wife's acceptance, and
the two are planning a trip to
Boston for this purpose.
Reafflnlng what many law
students have known for months,
Steiker commented that, the
market for law jobs in Boston is
not too good these days.
If she accepts a faculty posi-
tion at the law school, Steiker will
Steiker page 4

Fisher To Retire As Professor

Negotiation Guru To
Willston Professor of Law
Roger Fisher '48 knows how to
By Toy Chandler
with contributions
frm the Crimson
help people get along. And for
just one more semester, hell be
teaching Harvard Law students
the secret.
The best-selling author of
Gettipg to Yes, now in its 20th
edition and published in 18
languages, Fisher is retiring in
May due to a university policy
that requires faculty to step
down at age 70. He will con-
tinue to have ties to the law
From El Salvador to South
Africa to Iran, Fisher has trav-
elled the globe to teach his nego-
tiation techniques to world
leaders with hefty problems

End Career At Age 70
on theric hands. Students in
his Negotiation, Workshop learn
to apply his methods to medi-
ating complex international dis-
According to Fisher, much
of what he teaches is grounded
in simple common sense.
So many courses are
'about something,' and yet what
we need are skills, and the skill
to think clearly and to relate
Fisher page 2

Prof. Roger Fisher '48

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