Eleven Essentials: The bars you need to know.

BY KEN WISER

River Gods
125 River Street, Central Square (617) 576-1881
Intimate and trendy, River Gods may be destroyed by it own success. But until the masses swamp this small Central Square Bar, its phenomenal hamburgers, generous cocktails, live DJs and fake torches make it one of the best bars in Cambridge.

Charlie’s Kitchen
10 Eliot Street, Harvard Square (617) 492-9646
To some, Charlie’s Kitchen is just the other bar on the Square with a late license. But the diner-like Charlie’s is in fact much more. With a huge selection of draft beers, a fine jukebox, live lobster and dirt-cheap food, this might be Harvard’s best dive.

Druid
1357 Cambridge Street,Inman Square (617) 497-0965
A dark Irish bar with 14 beers on tap and great music, the Druid is not exactly a traditional Irish pub but it isn’t far off. With wooden benches, a smoky atmosphere and a picture of Che Guevara, is the place to go when you’re trying to hide from the outside world outside.

Sunset Grille and Tap
130 Brighton Avenue, Allston (617)254-1331
Few bars are worth venturing over the Charles for, but the Sunset, with 110 beers on tap, is one. The atmosphere may be lacking and the food might just be okay, but with all that beer on tap – and more in bottles – it’s hard to care about anything else.

Cambridge Brewing Company
1 Kendall Square, Cambridge (617) 494-1994
Cambridge (and Harvard Square in particular) has its share of mediocre brewpubs. Fortunately, there is at least one that stands out. The CBC not only has an incredible Pale Ale, but their great suds can be ordered in an entertaining, if precarious, Beer Tower.

Tír Na NÓg
366A Somerville Ave., Union Square (617) 628-4300
Just about every bar in the Boston area claims to be Irish.  Somerville’s Tír Na Nóg, however, delivers.  A dark, but roomy pub, Nóg has a warm, Irish atmosphere that is complemented by good beer, a friendly clientele, and live music.

RedBones/Underbones
55 Chester St., Davis Square, (617)628-2200
Well-known for the best barbeque in the area, RedBones is actually underrated as a drinking destination. The beer selection tops any of its Davis Square neighbors, with everything from big-bottled Belgians to cheap, crisp Ballantine (perfect with spicy snacks from the late-night menu). Can’t decide which to imbibe? Let the upstairs barkeep spin the wheel of brews for you! Also a worthwhile stop for tequila drinkers, with excellent pint glass-sized margaritas.

West Side Lounge
1680 Mass. Ave., Porter Square, (617) 441-5566
This place will put a hole in your wallet, but it also offers, hands-down, the best cocktails in the area. If you know what an Aviation or a Hemingway Daiquiri is – or better, if you demand a bartender who can make one – then this is the place for you. Patrons with good manners have even been known to order by mood, with the masterful Misty concocting them a perfect libation for, say, Monday melancholy. Plus, it’s close to campus.

Phoenix Landing
512 Mass. Ave., Central Square (617) 576-6260
By day, it’s the best bar in Central Square, if not in Cambridge. A friendly (mostly) Irish staff delivers reasonably priced, tasty bar food and perfect pints of Old Speckled Hen. By night, a reasonable night-club – with renowned jungle, drum and bass, house and top-40 nights.

Newtowne Grille (Socrates)
1945 Mass. Ave., Porter Square, (617) 661-0706
Don’t be fooled by the tiny-print philosopher’s name on the sign. This Porter Square dive is distinctly anti-reflection. Head here after pizza next door (same name, different tablecloths) or any time when you want a beer and a shot around folks who wouldn’t think of drinking anything else.

Rhythm & Spice
315 Mass. Ave., Central / Kendall Squares (617) 497-0977
With a late license and a busy dance floor on weekends, you might compare this beyond-Central restaurant/club to the Kong. Except that there’s good music, brands of rum you’ve never heard of, and almost no chance of running into annoying classmates (unless of course, they’re reading this). One of the few Cambridge spots that justifies its cover charge ($7 on weekends).

HLS responds to racial incidents

BY CLINTON DICK

Five months after a race controversy exploded on the Law School campus, the administration debuted its formal response. In a Sept. 6 letter to the law school community, Deans Robert Clark, Suzanne Richardson and Todd Rakoff outlined several initiatives designed to improve racial tolerance and ease the tension that erupted last spring.

In what may be regarded as an attempt to set a new tone for the academic year, Clark outlined his four initiatives designed to improve the law school’s ability to communicate about race, religion and gender. The first initiative is the formation of a Dean’s Committee on Healthy Diversity, which is made up of six faculty members, including Prof. Alan Dershowitz and Dean Todd Rakoff, three other administrators and five students.

Professor Martha Field, who chairs the committee, said their goal would be to “figure out what the real problems are and how we can help resolve them.” One area she highlighted was a lack of communication between faculty and students. “Faculty can inadvertently do things that offend students,” she said, adding that she hopes the committee can find a way to resolve such problems.

Field also emphasized that the committee will not just be looking at race. “The same thing can happen with religion and sexual orientation,” she said. “Women do not necessarily feel comfortable at Harvard Law.”

When asked about the possibility of constructing a new Law School racial harassment policy, Field said that the committee will be examining the issue, but that it was more difficult than simply writing a policy. “There are questions of legality, partly because the Supreme Court has been confusing on this,” she said. “The two problems in adopting such a policy are getting faculty agreement on any formulation and sidestepping all the legal questions that are not yet settled.”

The committee will have its first meeting on Monday, and Field said that students with questions are welcome to e-mail her.

The other initiatives in the Dean’s letter include a “difficult conversations” workshop, a teaching workshop and several presentations to the Law School community on race, religion and gender. In an interview with The RECORD, Rakoff said these programs are a way “to think about the things that happened last year and to address

Attack of the invisible insects!

BY AMANDA GOAD

Ever feel like your life is being ruined by extraterrestrials? Invisible insects? The Orkin man? Payne Ratner’s new play Infestation, at the Boston Playwrights’ Theatre through this Sunday, depicts the intersection of three personal crises in black comedic fashion.

Elwin (John Kuntz) has just moved back home after what he describes as, well, abduction by aliens. His mother (Karen MacDonald) wants him to become a doctor, or at least to finish high school. She’s preoccupied, though, with the unseen bugs she believes to be taking over their house, and by a budding courtship with Leon the exterminator (Michael Walker). Leon, in turn, thinks his professional rivals are closing in on him. The characters’ attempts to deal with their own demons, while doubting the existence of each others’, drive this wacky and unpredictable show.

Sexual tensions among the three are also important. Elwin has a severe Oedipal crush on his mother. She is desperately lonely, clinging to both male characters while peering out the window for signs of Elwin’s father, twelve years departed. Leon’s intentions become unclear as Elwin unearths clues to the exterminator’s past. Grossly extended sexual metaphors involving Leon’s pump sprayer and mother’s onion dip hold the audience’s attention against its will.

All three actors give solid performances, despite some thin spots in the dialogue in the first act and the increasing bizarreness of the second. Kuntz convincingly portrays a young man suffering from some combination of alien abduction, mental illness, adolescent angst, and a steady diet of KFC and Nesquik. The chemistry between troubled mother and troubled son is excellent, a credit to director Wesley Savick. Kuntz even pulls off a breathless soliloquy as a blind priest, a figment of mother’s imagination.

The Boston Playwrights’ Theatre is almost a story in itself. Founded by Derek Walcott in 1981, before he won the Nobel Prize for Literature, it serves today as a testing ground for new dramatic works. BPT is affiliated with Boston University’s Creative Writing Department and located at the margin of BU’s campus, but remains artistically and financially independent.

The arrangement neatly brings together professional actors and directors, innovative writers and adventurous playgoers, but it does have its drawbacks. The theater staff came begging for additional contributions before the start of last Friday’s show, but after its conclusion, the T platform in front of BPT was packed with oblivious BU undergrads en route to the clubs.

“Playwrights are the albino alligators of the theater community,” explained Jacob Strautmann, managing director of the Theatre, in his pre-show pitch for more money. He means that they require special care to stay alive, but also merit extra attention. The analogy seems quite apt for the disturbing yet sometimes transfixing Infestation.


Boston Playwrights’ Theater

949 Commonwealth Ave.

Boston, MA 02215

617-358-PLAY

http://www.bu.edu/bpt

“if”–A poem by Mark Byers, Director, Office of Student Life Counseling

BY

If you can keep your head when all about you,

Are losing theirs in every interview,

If you can trust yourself when recruiters doubt you,

But make allowance for their doubting, too;

If you can wait and not be tired by waiting,

And though keen to please, refrain from lies;

Or being rated, don’t worship rating,

You’ll sound your best, yet be truly wise.

If you can dream of jobs, and not make jobs your master;

If you can think like a lawyer, and not make that your aim;

If you can meet the firm of Triumph and Disaster

And treat those two partners just the same;

If you can bear the words you’ve spoken

Twisted by interviewers to make a trap for fools,

Or watch the resume you crafted broken

To fit someone else’s rules;

If you can make a heap of all your offers,

And once you’ve slept on it, risk one with the toss

Of a coin, and start again at the beginning,

and if it’s a mistake, write off your loss;

If you can call a headhunter, when your heart and sinew

Have served their turn and are nearly gone,

And so hold on when there is nothing in you

Until the time comes to say at last – “So long!”

If you can work for clients and keep your virtue,

Or lunch with partners – nor lose the common touch,

If inflated egos cannot hurt you,

If all assignments count with you, but none too much;

If you can fill the unforgiving minute

With 60 seconds worth of billing, yet have some fun,

And have a life and love all who share in it,

You’ll have fought the odds and won!

(Apologies to Rudyard Kipling!)

The Office of Student Life Counseling provides counseling services for all law students. The office is open from 9 a.m. to 5 p.m. weekdays. Call 495-2967 for an appointment.

Orientation and the Fleet Bank Man

BY JEREMY BLACHMAN

If there was one phrase that kept getting repeated over and over again during the week of 1L orientation — aside from “it’s really nothing like One-L or The Paper Chase, we swear!!” — it was “here’s another very, very important piece of paper for you to read very, very carefully.”

This year’s registration seemed to require a wheelbarrow to take home all the brochures, flyers, handbooks, guides, maps, floor plans, and encyclopedic volumes about Ethernet.

We got stuff like the helpful “Playing it Safe: A Guide for Students, Faculty, and Staff,” which introduced the handy R.A.C.E. acronym for fire safety: Rescue. Alarm. Confine. Extinguish. As opposed to my initial guess, Run Away Carrying Everything.

Plus we got goodies from our new friends at Lexis and Westlaw. It took me a minute to figure out why Lexis had a sweepstakes where you can win a Lexus. And then, after way too many minutes thinking about it, I got it. Lexis, Lexus! Those legal research tools sure are funny.

I don’t understand their competition yet. But from what I’ve heard, I’m surprised their tables at orientation were allowed to be right next to each other.

Westlaw’s coffee mug probably edges out Lexis’s notepad for best bribe of the day, although I don’t really understand the fake velvet case. Kind of matches the Fleet Bank sunglass case. They’ll go great together in my trash can.

Along with my new Fleet Bank ATM card, which I really only signed up for because I felt bad for The Fleet Bank Man. All alone at his table, surrounded only by Fleet Bank paraphernalia and forms with really small print.

The first time I passed by the “please, please, please sign up for an account” table, The Fleet Bank Man was polite. “Have you signed up for your free Fleet Bank account yet?”

By the fifteenth time I passed him, I felt pangs of guilt as I saw other students mocking him. So I finally stopped, if only just to listen.

“Get a free mouse pad, keychain, and white board.”

Wait a minute. Did he say mouse pad, keychain, AND white board? Not “…OR white board?” How could anyone be passing this up?

“But I don’t know my mailing address,” I said. “Leave it blank — just put your name and we’ll find it,” the Fleet Bank Man said. “Or not even your name. Just your mother’s maiden name and the last 3 digits of your favorite number. We’ll figure it out.” Sounded a little desperate to me.

But I didn’t know the half of it. The next student who passed may have been the straw that broke the Fleet Bank Man’s back. He tried to walk by, but The Fleet Bank Man notices everyone. I overheard the other day:

“Have you signed up for your free Fleet Bank account yet?”

“I’ve already got a bank account.”

“What bank?”

“Bank One.”

“But we’ve got an ATM right there on campus.”

“That’s okay. I’m happy with Bank One.”

“Did I mention we’ve even got an ATM right on campus?”

“I’m happy with my current bank account.”

“Happy? How can you be happy when we’re the only ones with an ATM right on campus? Do you even know what “happy” is? You don’t until you’ve signed up for your free Fleet Bank account.”

“Sorry, I’m really not interested.”

“Wait! Bank One gives children tainted candy on Halloween! And pushes elderly people out of their wheelchairs! And we’ve got an ATM right on campus….”

I think the Fleet Bank Man may need to take advantage of the Office of Student Life Counseling. Which, incidentally, has a lovely brochure.

JAG policy calls for meaningful action and discussion

BY MATTHEW DELNERO

Like many gay and lesbian students, I was saddened to hear of the law school’s decision to permit the use of OCS services by military recruiters, despite the military’s noncompliance with the HLS sexual orientation anti-discrimination policy. Partisan bureaucrats in Washington forced HLS to abandon the practice of denying military access to OCS facilities, despite the fact that military recruiters have been able to visit the campus through other channels, such as the HLS Veterans Association.

Although the Clinton administration never challenged Harvard’s policy regarding military recruitment through OCS, the Bush administration has taken a heavy-handed approach to interpreting the Solomon Amendment, a 1996 law making federal research funding contingent on the military’s ability to recruit on-campus.

The challenge now is to formulate a community response that is meaningful, sincere, and, of course, effective. I believe it is important to respond vigorously to the Defense Department’s behavior; students and faculty should be outraged that the Bush administration has forced the Law School to abandon its principled stance against discrimination. But I urge that members of the HLS community not partake in actions directly obstructing the presence of military recruiters on campus.

Throughout the summer, members and allies of HLS Lambda have engaged in meaningful dialogue regarding an appropriate response to the Bush administration’s actions against HLS. We all aspire to the same goal: to let partisan bureaucrats in Washington know that while we respect and honor those students pursuing the noble calling of military service, we reject the Defense Department’s strong-arm tactics and irrational discrimination against its gay and lesbian service members. As to how to best reach that goal, there is a fortunate diversity of opinion here.

The approach that has been most publicized, however, is that of subverting the military presence by occupying every military interview slot with gay students who are not actually interested in military service. While I share the frustration of those who advocate that tactic, I am convinced that such an approach would not serve our intended goal and may inadvertently show disregard for those students (whether gay or straight) who are genuinely interested in JAG Corps service.

Prior HLS policy on military recruitment provided the perfect balance between idealism and pragmatism: Those students wishing to interview with the JAG Corps could do so through the Veterans Association, while the school maintained its principled stance against the military’s irrational discrimination towards its gay and lesbian service members.

Under the new HLS policy, however, military recruiters will participate in the On-Campus Interviewing (OCI) process and presumably will not opt to use the Veterans Association’s services. If, however, all interview slots are filled with students not actually interested in a position with the JAG Corps, then those students genuinely hoping to interview with the military may be disadvantaged.

While it is possible that the military will add more interview slots in response to the seeming surge in demand, there is no guarantee that they will. Rather, aware that they are caught in a dispute between Harvard students and the senior leadership in Washington whose orders they must follow, JAG Corps recruiters may simply opt to abandon their efforts at HLS. While the departure of the recruiters may initially seem to be a victory, such a position ignores the need to support and honor the men and women of our military while we express our opposition to the Defense Department’s harmful and unproductive discrimination against its gay and lesbian soldiers. Signing-up for JAG Corps interview slots in protest fails to serve that delicate balance.

Despite my disagreement with the tactic of signing up for JAG Corps interview slots in protest, I look forward to participating in other expressions of dissatisfaction with the Defense Department’s violation of HLS anti-discrimination rules. My colleagues in Lambda, as well as many other students and faculty members, are considering a variety of promising actions. We all agree on the necessity of a visible presence that expresses opposition to the Defense Department’s irrational discriminatory policies.

The Dean’s open letter to the HLS community, in which he demonstrated sensitivity and thoughtfulness in explaining the unfortunate change in OCS policy, was a laudable first step. Going forward, the law school could host a forum regarding the discrimination against gay and lesbian soldiers in the military. HLS may also wish to initiate or participate in future legal challenges to the “don’t ask, don’t tell” policy and/or the Solomon Amendment.

Through these and other actions, we will hopefully accomplish what the Defense Department has sadly failed to do: the honoring of all the men and women, both straight and gay, who have valiantly served the United States in its armed forces.

HLS allows military to use OCI

BY MIKE WISER

Responding to a threat by the federal government to withhold $328 million in funds from Harvard University, Dean Robert Clark decided in late August to allow military recruiters to participate in the on campus recruiting process. Clark’s decision reversed a policy that had prevented JAG recruiters from using the Office of Career Services (OCS), because the military’s “don’t ask, don’t tell” policy, which prohibits individuals who are openly gay from joining the military, prevented the military from signing the Law School’s non-discrimination pledge.

U-Turn

Dean Clark’s reversal came after a letter from the Air Force in late May said that the Air Force believed the Law School was violating the provisions of the 1996 Solomon Amendment by not allowing military recruiters to participate in on campus interviewing. Under the provisions of the Amendment, all federal funding to a university could be withheld unless “the degree of access by military recruiters is at least equal in quality and scope to that afforded to other employers.” For Harvard University, almost 16 percent of its annual operating budget could be withheld.

While allowing the military to visit the school to recruit at the invitation of the student HLS Veterans Association (HLSVA) had satisfied military recruiters in the past, an Air Force inquiry that began in December of 2001 determined that the Law School was not in compliance with the Solomon Amendment.

With hundreds of millions of dollars in the balance, Clark decided to allow recruiters to use OCS resources and to recruit through its interview process.

“I think the difference is more symbolic than anything else, because the reality was they were recruiting here and recruiting effectively on campus for the last several years,” Assistant Dean for Career Services Mark Weber told the RECORD.

Jason Watkins, president of the HLSVA, also agreed that the change probably would not make much difference for military recruiters. Watkins, who said he was “a results oriented person,” told the RECORD, “I’m not sure how much there is to be gained from official or publicized changes in policy.”

A Difficult Decision

Whether or not the change will make it easier for military recruiters, Weber said that the school’s decision came only after months of agonizing about how to respond. During that process administrators consulted members of Lambda (the gay and lesbian student group) as well as students on the placement committee for input. In the end, the administration finally decided that they would not win in a battle with the Air Force.

“I think we made a judgment that it would not be successful, given the current climate of support for the military. Also we had a sense that maybe that wasn’t the important thing to do. The more important goal is to try and bring about real change,” Clark said.

In an e-mail to students on August 26, Clark explained that, “Our decision to permit military recruiters access to the facilities and services of OCS does not reduce the Law School’s commitment to the goal of nondiscrimination on the basis of sexual orientation.”
“Dean Clark really had his back against the wall,” 2L Adam Teicholz, president of Lambda, told the RECORD. Teicholz said that Clark’s letter to the community showed that the school does not accept the military’s recruiting policy.

“The situation must be especially galling to [the] administration regardless of their moral stance, because the military is coming in and using money to force the school to change its rules, violating their prerogative to set HLS’s internal policies,” he said, “Their job now is to see how we can put those values back as part of school policy.”

What now?

Weber said the challenge now is to balance disapproval of the military policy against the danger that they will be perceived as discouraging students from joining the military.
“We all want the best and the brightest serving in the military,” Weber said. “And I can’t think of a better place to recruit them than at Harvard. I think that a good way to implement change is by getting people in the military who have different points of view who can effectuate change from the inside.”

Lambda’s Teicholz agreed with Weber, saying that they encouraged students interested in joining the JAG corps to go through the alternative interview process. “This is not about JAG; it’s about the Bush administration’s wielding its control of students’ educational opportunities to force Harvard to compromise its principles,” he said.

During an e-mail interview, Teicholz added, “Go enlist! Just do it in a way that doesn’t tell the Department of Defense that they can push us around to enforce their homophobia.”
Off campus, opinion makers have both praised and blasted the decision. “A public untutored in the nuances of the university’s thinking might get the impression that while Harvard’s elite graduates should make policy for the military, they just shouldn’t serve in it,” one Memphis paper wrote.

On campus, it is not yet clear how supporters and opponents of the military’s policy will react to the decision. Some students (including a columnist in today’s RECORD) have called for gay and lesbian students to try to book all JAG interview slots, while others have argued that doing so would only hurt students who are legitimately interested in joining the military. Teicholz said that Lambda had not yet decided how it would react.

Fenno

BY

Fenno instinctively trusted Mark Weber’s comforting words about the U.S. economic downturn not affecting Harvard nearly as badly as it would, say, other law schools, or, say, Iraq. Little did he know at the time that in a secret ceremony just before last Wednesday’s introduction to On-Campus Interviewing in a packed Ames Courtroom, Weber had laid off 10 percent of his staff in a gruesome decimation requiring biohazard suits and high-pressure hoses to clean the carpet on the third floor of Pound. On learning that corporate fat-trimming had reached the very womb of all things job-related, Fenno felt about as secure as a Columbia summer associate at Weil Gotshal & Manges. So he resolved to carefully navigate this maiden column in a bland attempt to save his own skin. (Fenno did consider the fact that anonymity could make service of a pink slip a bit problematic, but couldn’t think of a suitable pseudonym, or at least one that made any sense.)

Aside from the minor distraction occasioned by pondering such trivia as employment, “the future,” and “oil,” Fenno thought the start of the 2002-03 school year a rather bittersweet experience. On the one hand, T.J. Duane was gone. Fenno wasn’t sure he’d be able to have fun anymore without someone to tell him what fun is. After all, it was very unlikely that Fenno would be able, all on his own, to stand in a boat and take in the views of the warehouse district of Boston Harbor for three hours, be turned down by scantily-clad Eurogirls at Mantra on a Thursday night, or order appetizers at Cambridge Common. On the other hand, T.J. had been replaced by supermodel Naomi Wolf. Fenno was pretty sure that was a good sign. Then Fenno was informed that Naomi Wolf was a Freudian slip for Naomi Klein, who, while still cute and presumably a better organizer than her covergirl namesake, was not as into boneless buffalo wings as Fenno would like. Fenno again felt about as secure as a Columbia summer associate at Weil Gotshal & Manges.

Then Fenno was reminded that the military could recruit on campus now because of the Solomon Amendment, which apparently had been lying dormant for years but promised to freeze the job-search process with Herculaneum-like political fallout for at least a couple of weeks. With his bloodhound’s nose for political scandal, Fenno immediately recognized this as a hot-button issue. Characteristically eager to join the fray, he wanted to start by commending the Law School Administration on matching the wisdom of the Solomon Amendment with that of saving the entire University 16 percent of its operating budget. Some kind of medal from the President (Bush, Summers, Heston, whomever) was surely in order.

Next, given the slim pickings awaiting him in private-sector interviews, Fenno thought it would be similarly wise to burnish his physical fitness credentials for military recruitment. To that end, he wanted to ask the Administration if any part of the 1.7 percent of the University’s endowment saved annually by complying with the Amendment could at least help the Law School get its own gym or something. (Maybe HLS could give it a defiant name like “Hemengay” or “HLS’ Gay Thumb-in-Your-Eye Gym.”) Or maybe flight lessons, so we could be just like the lawyers on the TV show. But Fenno realized that with the Fed rate at 4.75 percent, a 1.7 percent return on any investment was nothing short of a frothing pipe dream. And he’d heard they screen for pipe dreams during the application. He doesn’t know what their policy on froth is.

He also thought it might be a good idea to mention here and there how excited he is about female supermodels.

Leaving his job concerns aside for a few moments, Fenno paused to gaze with a twinge of nostalgia upon the brand-new 1Ls flitting about campus with their heads full of actual, real-life ideas. Of course, these would soon be replaced by “doctrine,” “theory,” and Shockingly Dorky Conversations in the Hark (SDCH). Ah, the new corn from the old wheat. It seemed like just yesterday that Fenno pulled the futon off the roof of his parents’ minivan, only to realize that it wouldn’t fit through the halls of Story, much less into one of its rooms. But six years is actually a pretty long time.

Based on all his experience here, Fenno could safely predict that this new corn would very quickly grow quite pale, overcaffeinated, confused and generally pissed off. The Arthur Miller section would this year become twice as pissed off in half the time. Eventually seemingly far-away strains of “New York, New York” would emanate from somewhere under a bench in the back of Pound 101. This would start happening even before Erie, which will have moved from class number 18 to a computer-aided video lesson to be completed in Holmes Hall by the end of this week. Fenno made a note to drop in sometime to watch Miller zooming around the room like a videotape on fast-forward and talking like Alvin and the Chipmunks.

Sometime in late October, much of the corn will have grown kind of mealy and thoroughly inedible. [Consider using different metaphor, or ending this one earlier, or just quitting now and playing Sega for the rest of the day.] Two-Ls will roll their eyes in incredulous condescension upon hearing their third SDCH of the week, pretending not to remember that they’d vigorously advocated the affirmative of the same question just one year ago. One of these eye-rollers will then rue the day he ever decided to eat spaghetti with marinara sauce while wearing a white shirt right before his afternoon callback at Hale and Dorr.

Another old standby Fenno knew he could rely on to keep his mind off life was class. Academics: the heart of the HLS experience. But since he considered himself more of a digit than a major organ of the student body, Fenno was glad he had a few classmates still left on campus to take notes, and that he knew how to use e-mail. He had used this device to capture the outline for Professor Ring’s tax class. He figured if he read the liturgy on his own for two hours every Monday and Tuesday, it would be just as fulfilling as reading it during class, which he’d heard was all she did anyway. What matter if he performed the service at vespers instead of nones? Does Wong really care when you pray to him, as long as you’re sincere and don’t try to look directly into his face, or try to print the whole thing out on an ink-jet printer? If a 2L on Law Review writes a case note, but no one ever reads it, did it really happen? These were just a sampling of the riddles Fenno knew he had to answer before the year was through.

And so, furnished with all the tools he needed to start yet another semester, Fenno was content to carry on in his naïve belief that Harvard Law School is something that only happens to other people.

Jag must go: Time for civil disobedience

BY LINDSAY HARRISON

The U.S. military ought to change its slogan. What it really means is: “Be all that you can be, unless you’re being gay.” After the military threatened the withdrawal of hundreds of millions of dollars in federal funding unless Harvard Law School permitted the military to interview through OCS, Dean Clark was forced to allow the employer on campus despite its formal policy of discrimination against gays and lesbians. Dean Clark did his part, writing a strongly worded letter in support of gay students and opposed to military discrimination. Students should now protest the military’s assault on Harvard Law School’s policy of non-discrimination by launching an assault of our own.

The military needs to learn that it cannot force our law school to act as a conveyer belt for the military’s own homophobia. The best way we can teach the military this lesson is by filling every interview slot with gay, lesbian, bisexual, and transgendered students. This strategy can best accomplish the twin goals of protesting the miltiary’s policy of discrimination and persuading the military not to engage in strong-arm tactics to advance discriminatory ends.

First, by filling each slot with individuals that are qualified but for their sexual orientation, we can demonstrate to the military that discrimination against gay and lesbian students is only causing the military harm. Imagine the interviewer’s response to the plethora of otherwise qualified candidates: “Well, you have great grades and you’re on the law review, but I see here that you are a homosexual.” While the exclusion of gay men and lesbians from combat is, in my opinion, irrational, the exclusion of gay men and lesbians from JAG is plain absurd. By marching in intelligent, capable, gay individuals, one after another, we can demonstrate to the military that they are losing out by engaging in discrimination.

Second, by filling each interview slot with gay and lesbian students, we can persuade the military to go away. Imagine hours and hours of wasted time spent interviewing otherwise qualified candidates. The recruiters sent to interview on campus will quickly realize that doing interviewing through OCS will not help fill their quotas for new recruits, and they will leave.

Opponents of this strategy argue that filling up all the interview slots with gay and lesbian students is unfair to students who really wish to become part of JAG. First, this argument ignores the possibility that gay and lesbian students really wish to sign up. Unfortunately, joining the armed forces is not an option for these students, but that does not mean that they should be deprived the opportunity to interview. Second, this argument ignores the ease with which anyone in this country may contact a military recruiter. Army JAG, Navy JAG, and Air Force JAG each has a website with detailed instructions on how to sign up. In the same way that students wishing to work in other public interest fields must take the initiative to obtain interviews on their own, students wishing to join the military may contact JAG and obtain an interview. The Veterans Association has already indicated a willingness to assist the military in conducting informal recruiting on campus, just as they have done in years past.

Opponents of this strategy also argue that filling up all the interview slots with gay and lesbian students is unpatriotic and disrespectful of the men and women who honor us with their military service. First, this argument contains a flawed understanding of the meaning of patriotism. Patriotism does not involve blind devotion to the military and support of every military act and policy. True patriotism involves love of our country and of the principles we hold dear — namely, equality and liberty. Attempting to demonstrate to the military that it should not discriminate is not unpatriotic. Second, the argument that filling the slots with gay students is unpatriotic is itself unpatriotic. It essentially tells gay and lesbian students that they should not attempt to sign up to serve. Again, this argument ignores the fact that many patriotic gay and lesbian students are denied the opportunity to enlist. Gay men and lesbians are thankful that we have a military and are thankful to those who serve. We only wish that we too could join their ranks. By filling up all the interview slots with gay men and lesbians, we can show the military the error of its ways and attempt to create a world where gay people can be patriots too.

Vino & Veritas: Champagne!

BY JOSH SOLOMON

At a recent dinner with some friends, I found myself droning on about the wine I had ordered for the table — the grapes, the region, of what I was reminded by its tastes and smells. One friend finally stopped me by simply asking, “Who cares?” He elaborated: “I like most wine I drink, so why bother to learn all those other details? Why not just drink and not think about it?”

That question is fair enough. If you were to slip an honesty pill into their glasses, and then ask a bunch of people who know something about wine why it’s worth knowing something about it, you might get some answers like the following: I feel like I might need to know that kind of “stuff” to be part of the society I intend to inhabit; when I go on a date/business dinner/insert-your-important-outing, I want to be able to read a wine list; I’m pretentious, and it makes me appear sophisticated (beware, particularly, these people, as they often know less than they want you to think they know and when they don’t know something, are usually unwilling to ask for assistance).

My answer was a bit different. It’s kind of like baseball. Almost anyone can go to Fenway Park and have a good time. Whether it’s the two-outs-two-strikes-bases-loaded situations in a close game, long home runs that disappear beyond the range of the lights, gorging oneself on peanuts and hotdogs, or some combination of such things, everyone can find something that will make them say, paraphrasing my friend, “I like most games I attend.” But there’s the potential for much more. When you have more knowledge about the game, you will, without question, get more out of it. It’s one thing to know that three strikes is an out, that four balls is a walk, and that the team with the most runs at the end of the game wins. It’s something else to know some history of the sport and the team you follow, why the manager might bring in a lefty for one batter, and a team’s standing in a pennant race. The more “stuff” you know, the more you enjoy watching the game.

While I was playing to my audience at the time, you could insert just about anything in the place of baseball to illustrate the point. It might be the trees you see on a hike, the history of a country you visit, or even the background of the Justice whose opinion you study. Wine is the same way.

I could serve a glass of most wines to someone who doesn’t know anything about wine, and he would probably enjoy it (particularly if it’s a young, buttery Chardonnay). But joy comes in degrees. If I served the same glass to someone who was familiar with the region, could evaluate the wine within its vintage, and had developed the ability to discern a variety of smells and tastes, that person would be bound to enjoy it far more than would the first. It is then that wine becomes fun.

If fun seems a little strong, give it a try. I think you’ll find, even with just a little bit of knowledge, that wine really is fun. And even if I’m wrong, it will at least come in handy on the date/business dinner/insert-your-important-outing.

And speaking of fun…. At the end of each column, I will try to offer my thoughts on some wines I tried out for you. Usually, they will tie in with the column’s theme. This week, alas, I forgot to get some wine before Sunday, when this wonderful state refuses to let me buy any. Since my column was due on Monday, and since there really was no theme here, you get one of the bottles I happened to have on hand (consider it a preview of my future piece on Champagne):

Perrier Jou

Letters: Gun debates, Nesson, and divesting in Israel

BY

Target shooting club founder urges more gun debates

In a RECORD story last year, Daniel Swanson said he would like to have “a public discussion with the HLS Target Shooting Club.” I would like to have a public discussion with Daniel. That’s what the club is all about. In our first year, we’ve only had one speaker — John Lott, discussing his paper on multiple-victimpublic shootings — but more speakers and debates is always better. We are in full agreement. Daniel wants to discuss accidental shootings — sounds great. I look forward to having that debate, and would enjoy co-sponsoring firearms-related events with interested organizations of any political stripe (especially if they have a bigger budget than we do).But I part company with Daniel when he suggests that “publicly advancing the beliefs” that guns can be used as a “force for good,” as I did in a recent Economist article, is at odds with making a “balanced and constructive contribution” to the gun debate. One can advance the gun debate without everything having to be a debate.

Neither Daniel, nor I, nor the Target Shooting Club, need be neutral, apolitical observers. We’re lawyers. We work within an adversarial system.

Nor does advancing the debate require that we all embrace cost-benefit analysis and compromise. In fact, I suspect that Daniel himself isn’t a compromiser. He starts out calling for “balanced and constructive contribution[s]” to the gun debate and “balancing benefits against risks” — but then calls it “incontrovertible” that child shootings are“unacceptable” and that we should “ensure that those shootings cease.” This is not cost-benefit language — benefits of gun ownership are now noticeably absent. Nor do I demand that language of him. The best debate involves details and listening to the other side, but it also involves passionate commitments and principled positions, which I hope we both have. My rule of thumb: Argue what you believe, whether it’s moderate or hard-line.

Another rule of thumb: Have fun whenever possible, whether it’s “counter-cultural rebellion” or screening movies featuring “regular people using guns as a force for good.” Please attend our debates, but also come to our screening of Red Dawn. And, regardless of your views on gun control, come shooting with us. All are welcome.

— Sasha Volokh, 3L

Alum laments this semester’s lack of Nesson

I was distressed to read in the Washington Post that students at the Law School were to be denied the benefits of Professor Charles Nesson’s pedagogy for this semester. The reports did not make clear why that was so. My experience was that Professor Nesson’s courses were among the most stimulating and thought provoking, and therefore most valuable. I remember well his Constitutional Litigation Workshop seminar, which combined sound academics and real world practice considerations. I have carried what I learned there with me since, as a litigator and law teacher. I hope this hiatus is temporary.

— Mark Kreitman ‘75

Harvard should not divest its Israel investments

I was a member of Harvard’s Investment Advisory Committee and helped to draft Harvard’s policy on investments in South Africa. As you may recall, Harvard did not follow the path of other universities by divesting from South Africa. Instead, we decided to invest in companies that promoted equality of the races in South Africa, and I think that history has vindicated the approach that Harvard adopted.I recently received word that 39 Harvard professors have signed a petition for Harvard to divest from Israel. As with South Africa, I believe that boycotting investments would hurt the situation more than help it. I also believe that it would send the wrong message to the world about Harvard’s stance on terrorism.

Israelis believe that they are fighting for their survival and that their only tentative ally is the U.S. If the U.S. or U.S. companies withdraw their support from Israel, this will only increase Israel’s sense of isolation and desperation. The end result will be that Israelis will have less reason to hope for a peaceful settlement and more reason to turn to military solutions.

As for terrorism, Israel has lost more people on a proportional basis through terrorist bombings than the U.S. lost on 9/11. After the 9/11 attacks, the U.S. took the commendable position that terrorism was unacceptable under any circumstances and that anyone who supported terrorism was a terrorist. If Harvard now boycotts Israel for its response to terrorist attacks, it will be rewarding terrorists at the expense of their victims.
I, like many Americans and like many Jews, have mixed feelings about Ariel Sharon’s approach in the Middle East. However, I leave for work every morning without any fear that myself or loved ones will fall victim to a suicide bomber during the course of the day. If a neighbor of the U.S. were regularly sending suicide bombers into our country, I have no doubt that U.S. citizens would demand military action until they felt safe to walk the streets. Is it unfair for Israeli families to demand the same?

I, for one, do not know the best course of action to resolve the death spiral that we are experiencing in the Middle East. However, I do know that boycotting investments is the wrong choice for both pragmatic and ethical reasons. During difficult times in South Africa, Harvard demonstrated leadership by adopting a pragmatic and ethical investment strategy. Harvard once again has the opportunity to take a leadership position by not boycotting Israel. Please stand firm against terrorism and denounce the boycott of investments in Israel.

— Ethan Cohen, M.B.A. ‘91

One year later, still waiting for transformation

BY

A year ago today, Lower Manhattan was covered with a layer of ash. Ash that filled the lungs of its residents, ash that stung the eyes and smelled of death and filth. A year ago today, Lower Manhattan and the United States awoke as places changed forever.

Yet that morning at HLS was tranquil as ever. No dust fell upon our halls. We had seen the violence and fire of the day before only on television. We had faced few hard choices — we did not have to ask ourselves whether or not to leap, whether or not to flee, whether or not to call our spouse or significant other or our parents first. We at HLS are connected to America’s greatest city, where we send a majority of our class each year, by family, by friends and often by birth. On September 11, our task was easy. Few, if any, of us were physically touched. We were asked only to grieve.

For most Americans of our generation, last year’s tragedy was probably the singular national event of our lives. Here it is no different. And like us, most Americans were asked only to grieve, to give to charity, to care, to be better people.

Unlike many Americans, our lives were safe on September 11 in an academic enclave far removed from the workaday world. We are fortunate daily for this shelter, but it also presents a challenge.

We are privileged by virtue of being here. But that privilege comes with a cost: We must strive not only to be better people, but to be the best kind of people. The name of this place can make us powerful, but will also magnify our failures. We cannot let this place shield us from our faults or let us shirk the onus of responsibility. We must choose to be leaders rather than followers, champions of justice rather than prophets of empty rhetoric.

We should look through the pain of last year for transformation, for new ideas and new reasons for our shared existence. Yet so far, we have not. We who would be leaders still speak far too often in the churlish manner of sheltered academics. Instead of new ideas, our debates have often clung selfishly to old ones.

HLS is a place of law and of learning, where possibilities are articulated and dreams are realized. Yet still we hide, avoiding the chance to do justice, to advance reason over mysticism and chaos, and to foster lives of decency, dignity and respect for intellectual debate.

Instead of seeking transformation in tragedy we have too often clung to partisanship and dimestore pedagogy. People on this campus still spend too much time talking past each other and not enough time listening. The motto of this great University is “truth,” yet we too easily accept its ideological substitutes. All too often, in the opinion pages of this newspaper, in campus protests and classroom discussions, we see examples of people not trying hard enough to connect.

In last year’s terrible collapse, in that onrush of dirt and blood and ash, one truth should have seized us all: We cannot be agnostic about the future. We cannot believe that our choices do not matter. And we cannot make a better future, first and foremost, without listening.

As President Summers said, some truths are unassailable. But many assumed truths — and worn ideologies — need reexamination. We cannot be leaders or ideologues unless we are willing to defend our ideas, not by shouting others down, but by critically rethinking our perspectives. We cannot be teachers unless we are still willing to be taught.

One year later, the opportunity to transform, to listen, still stands. There is still a chance to seize this privilege by the reins, to use our time here to force ourselves to rethink.

We should be sorrowful on this somber day, but we should also use this moment, once again, to search for inspiration.

Harvard commemorates September 11th

BY JONAS BLANK

On a somber, breezy afternoon yesterday, over ten thousand students from around the University gathered to participate in a memorial service commemorating the September 11 attacks.

Held in front of the Tercentenary Theater in Harvard Yard, the service featured devotional readings from many of the world’s religious traditions. Four students read passages on the theme of remembrance, while four more read on the theme of hope. A choral performance, composed by University junior Carson Coonan, came in between the sets of readings.

The subdued crowd spilled across the quad onto the steps of Widener Library, some students sitting, some sobbing lightly. Many students bowed their heads throughout the ceremonies.

University President Lawrence Summers spoke last, delivering a charged message that urged students to respect diversity and work for change even as he drew sharp political distinctions.

He called last September’s events “a calculated plot to murder innocent, unsuspecting people… because they were members of this national community enjoying the fruits of freedom.” Echoing many of President Bush’s speeches of the past year, Summers said that the terrorist attacks “reminded us of the eternal existence of evil.”

Summers’ speech also reflected on the nature of the University and its role in the search for truth. He called for students to recognize the “moral clarity” of the fight against terrorism in all forms.

“We debate the nature of truth,” Summers said, “but there are some truths beyond debate.” He urged the assembled students to, “advance our common purpose by refusing to excuse or legitimate terror.”

Summers called for respect for diversity and tolerance, as well as for the men and women fighting terror around the world. Acutely aware of the surrounding academic environment, Summers repeatedly implored students to look for positive solutions.

“Ultimately, we will be judged not by what we oppose, but what we work towards,” he said.

Summers’ remarks concluded with the tolling of the Memorial Church bell, which lasted for two minutes.

Tuition hike: Bad economy and rising costs blamed

BY JONAS BLANK

Along with the usual stress of exams, students this past May were treated to a nasty surprise: The largest tuition hike since 1995. A May 13 schoolwide e-mail from Dean Robert Clark brought students the bad news that full tuition for the 2002-2003 academic year would be $29,500, a leap of 7.3 percent from last year’s $27,500. Along with the Law School’s estimated living expenses of $17,900, that brings the total cost of a year at HLS to $47,400.

Clark’s e-mail detailed a number of reasons for the increase, including the hiring of Professors Ryan Goodman and Guhan Subramanian, funding the new pro bono office, and adding another full-time OPIA employee. Compounding the Law School’s problems was the abysmal year on Wall Street, which resulted in a paltry two percent increase in endowment income, which is the money that the University allows HLS to spend out of the interest on its endowment. Even though the Law School kept its costs from rising too much

Five win Sears Prize

BY LEA SEVCIK

In a couple of unusual twists, this year’s Joshua Montgomery Sears, Jr. prize went to five recipients rather than four, and all five of the recipients are on the Harvard Law Review. Together, the five have pretty impressive resumes: starting an equity fund, pursuing Ph.Ds, even an attested interest in professional skiing.

The prize is awarded annually to two 1L and two 2L students with the highest grade point averages, which at HLS means over an “A” average. This year, three 1Ls received the prize due to a tie. The 2L recipients are Michael Shah and Michael Gottlieb, and the 1L recipients are David Landau, Christian Pistilli and Jared Kramer.
Despite their academic similarities, this year’s recipients differ in many surprising ways. They range in age from 22 to 27, they all study in different ways, and their paths to HLS could not have been more diverse.

A Closer Look: The 2Ls

Michael Shah has the unusual distinction of having won the Sears prize twice, and is thus likely to graduate at the top of his class. Yet Shah is not eagerly embracing an illustrious legal future. He will not be clerking next year, and after a summer split between Wachtell in New York and Susman Godfrey in LA, Shah says he is still considering investment banking.

When Shah finished his pre-med major at Harvard University, he wanted to “get started in life” rather than pursuing a lengthy medical degree. He spent a year at the London School of Economics getting his Masters in finance and economics, and immediately put his skills to use. Together with two other LSE students, Shah started a private equity fund that raised over $2 million. It was only when the equity markets crashed that Shah decided to go to law school.

Today, Shah is still keeping involved as an investor and a financial and legal advisor in his friends’ startups. One of his current projects is an artificial sweetener called Sucraslim, which has no calories and is safe for baking. “We’ll be rolling out the infomercials in the next couple of months,” he said.

When it comes to class, Shah says, “I try to take things that are useful if I don’t end up practicing law,” like secured transactions and real estate.

Michael Gottlieb graduated from Northwestern University with a political science major and a thesis on the diplomatic norms of the Association of South East Asian Nations. He twice won the National Debate Tournament in college, then spent a year in Boston coaching debate at Harvard University.

As a 1L, Gottlieb was an “HL Central person,” participated in the HLS Democrats, and helped to found the HLS American Constitutional Society. In his 2L year he researched for Professor Laurence Tribe and kept busy with the Law Review’s articles committee.
He also went the law firm route last summer, splitting between Jenner & Block and Cleary Gottlieb in D.C. Next year he will be clerking for famed Judge Stephen Reinhardt in the Ninth Circuit. Beyond that, his plans for the future are hazy, although he says that “I loved D.C., that’s probably where I want to end up.”

So if Gottlieb could do anything in the world right now, would he still study the law? “I doubt it. I’d probably still be interested in the law, read Supreme Court decisions. But I’d probably be a professional skier.”

The 1Ls

David Landau majored in social studies at Harvard College, was editor-in-chief of The Independent, and wrote his thesis on how presidents gather support in the Ecuadorian legislature. He then went straight through to HLS, where in his 1L year he was a subciter for the International Law Journal.

Landau admitted that he was “miserable” for part of his 1L year. He found HLS to be a “pretty cold place sometimes,” and he missed the “academic buzz” of college. He also didn’t take an immediate liking to law. “It’s something you have to become perhaps more committed to, understand better before it becomes interesting,” he said.

Landau said his work on Law Review has helped him to like law school better. “It’s neat to be in a smaller group in a school like this.” Also, “you see what people are doing on the cutting edge of legal scholarship, it gives you a very different exposure than what you see freshman year and it’s usually much more interesting.”

Despite his legal success, Landau’s plans may not include the law: “I’m not doing recruiting this fall. I want to teach, and I’m seriously thinking of a Ph.D in government. I almost did that before coming here.” Next summer he hopes to work for professors: that would give him a better idea of whether or not he liked legal research.

Haverford College grad Christian Pistilli focused on Kant and pursued a philosophy Ph. D at the University of Pittsburgh. But the “tough road” to a Ph. D lost its appeal when Pistilli decided he wanted to become involved in the world in a more practical way. He left his degree behind and traveled to Maine to join the Senate campaign of Democrat Mark Lawrence against Olympia Snow. When Lawrence lost, Pistilli went to work as a paralegal at Hunton & Williams in New York, then made his way to HLS.

Pistilli found HLS a natural fit: “Law school splits the difference between grad school and politics,” he said. Pistilli added that he enjoyed his first year experience: “Lots of people come in with low expectations and expect it to be tough. I found the people wonderful and the class work not as bad as I was lead to believe.” He loved his professors: Professor David L. Shapiro was “brilliant and terrifying,” while he found that Professor Lewis D. Sargentich’s jurisprudence class presented “the closest thing to what I remember really liking about philosophy.” Pistilli also became a subciter for the Journal on Legislation and joined the HLS Democrats.

This summer, Pistilli worked part time for his torts professor, Jon Hanson and also enjoyed “being a bit of a bum” and doing some leisure reading. Where would he like to end up? “I don’t want to run for office, but I can see working in government or on the Hill, or teaching.”

Princeton grad Jared Kramer was well on his way to a promising career in computer science until four months before his 1L year, when he chose HLS over a computer science Ph.D. He still sometimes feels “not quite at home” in law school. “I find it very frustrating not to have any answers. In computer science you’re either right or wrong or too stupid to find out, and either of those three are comforting.”

Still, Kramer enjoyed his 1L year. “The constant argumentation is interesting and stimulating,” he said, adding that “the non-quantitative nature of law is both good news and bad news, but the people are good news.” Kramer subcited for the Journal on Legislation last year, but this year he plans to be involved only with the law review “to placate my girlfriend who lives in New York.”

In his spare time this summer, Kramer also found the solution to a computer science problem that he had stumbled upon on his professor’s website. Jared’s professor urged him to publish the solution, a task that Jared is currently coordinating with another person who discovered the solution at the same time — a professor at Northeastern University.
Jared spent the summer at Fish & Neave in New York, and this summer he hopes to work for the Department of Justice. In the long term, Jared is “more of an academic,” although he is also drawn to litigation.

The Surprise of the Prize

Most Sears Prize winners attributed their good fortune to chance rather t
han design. Gottlieb says: “One of the reasons I was so shocked about the whole thing, and why I never expected to win the Sears Prize, was because I got rejected from HLS the first time I applied, and in off the wait list my second time. So I never really thought I’d be in the running for an award like this.” As a result, he says: “I was literally shocked when I got my grades.”

Landau said he was also caught off-guard: “I thought I’d done pretty well, but you never think you’re going to do that well. I feel like in many ways it’s just luck.”
Kramer agreed: “I didn’t think I did that well in Crim Law and I ended up doing best in Crim Law. That just goes to show that you have no idea what happens when you get out of an exam.”