Off Target

BY DANIEL SWANSON

When I first read in the RECORD about the Harvard Law School Target Shooting Club last fall, I found myself pleasantly surprised. Here was a target shooting club whose sole purpose appeared to be organizing students to go target shooting. The students, all of whom were competent legal adults, took occasional weekend trips up to New Hampshire to practice recreational target practice at a licensed range. There are relatively few gun clubs in this country that simply gather their members together to enjoy safe target practice and camaraderie, and nothing more. Most shooting clubs double as political advocacy organizations, taking a hard-line stance against any effort to regulate the lethality or availability of guns. I had no problem with the HLS Target Shooting Club because I believed they fell into the former category.

I have a problem with them now. As last week’s RECORD noted, the HLS Target Shooters have gone public with disappointing advocacy statements that will not enrich the national gun debate. In the April 13th issue of The Economist, the Target Shooters’ founder, Sasha Volokh, noted that the he “plans to hold a wide range of gun-themed events on campus, including screening of films which feature ‘regular people using guns as a force for good.'” In the Economist article, Volokh also discusses his view that “enthusiasm for guns is a form of counter-cultural rebellion, rather like smoking cigars.” After reading this article, I looked at the Internet site for the Target Shooting Club and realized that one of club’s organizational purposes is “to help students understand and intelligently contribute to the public policy and constitutional debate on firearms.” My impression now is that this organization is not solely or even primarily about recreational shooting: It is about publicly advancing the beliefs that guns are good, and that those disenchanted with liberal culture can strike back by standing up for guns and gun rights.

I see little wrong with HLS Target Shooters’ advocacy for safe, recreational target shooting. But if the HLS Target Shooters plan to use the media attention that comes with their Harvard Law affiliation to influence the national gun debate, they should strive to make a more balanced and constructive contribution. Volokh’s statement that guns can be used as a “force for good” demonstrates the tendency on both sides of the gun debate to employ overbroad and unhelpful characterizations.

Rather than debating whether guns are “good” or “bad,” the public policy debate on firearms should recognize that: (1) firearms present benefits as well as risks; (2) most Americans agree that the benefits of guns (such as the opportunity to participate in safe recreational target shooting) should be maximized, while the risks of guns should be guarded against; and (3) the process of balancing benefits and risks will benefit more from detailed debate than from cultural rebellion. In fact, the Target Shooting Club’s call for rebelling against a liberal culture resembles the hard line that most gun advocacy groups take against any regulation of firearms. These positions demonstrate an us-against-them mentality, without recognizing that the debate over guns in this country will not be resolved unless both sides reach compromises that accommodate their respective interests.

Because I share Volokh’s goal of making intelligent contributions to the firearms debate, I would like to initiate a public discussion with the HLS Target Shooters Club. We could begin this discussion by addressing a controversial firearms issue: how our nation should try to minimize the risk that unsupervised children will obtain guns and use them to shoot themselves or others. It is incontrovertible that accidental and intentional child shootings are unacceptable in our society, and that precautions should be made to ensure that those shootings cease. However, there is great disagreement over what types of precautions should be imposed. Detailed discussion on how to best structure these precautions would be a truly valuable contribution to the national debate on guns. I call on the HLS Target Shooters to participate in this discussion, starting either this spring or next fall.

Because the HLS Target Shooters are linked to the Harvard Law name, they will attract media attention, and they will have their chance to contribute to the public policy debate on firearms. But their contribution would be more valuable if they abandon their “counter-cultural rebellion” and either advocate for what they enjoy – recreational target shooting by competent legal adults in a safe facility – or else discuss how the interests of those who enjoy firearms can best be balanced with the interests of those who fear them. There are enough gun advocacy organizations already willing to make broad statements about how guns are good and about how to stick it to liberals. The HLS Target Shooters should try to aim for a loftier place in the national gun debate.

Spring Cleaning

BY MIKE WISER

At 6:50 a.m. Saturday, when a 5.1 magnitude earthquake awoke many students at HLS, some of Springfest’s organizers and volunteers didn’t notice. They were already up and concerned with more important things. There was painting to be done, food to be distributed, a house to be constructed and riverbanks to be cleaned. As if that wasn’t enough, there was also a school-wide party to arrange.

In the end, organizers declared that Springfest Volunteer Service Day was an unequivocal success. Almost 300 students showed up to volunteer Saturday morning in an event that sent them across the city to work everywhere from the Chinatown Immigration Examination Center to the Cambridge YMCA.

Cleaning Up

Sponsored by the Student Public Interest Network, HL Central and the Dean of Students’ Office, Springfest was designed to let Law School students make a big impact on the community in just one day. One-L sections and student groups, which sponsored or co-sponsored some sort of service project, recruited volunteers from their ranks.

The projects were as varied as the groups themselves. The Black Law Students’ Association brought students from an inner-city school to participate in a mock appellate competition and panel discussion, while the Tenant Advocacy Project, Defenders and the Latter Day Saints Students Association helped to clean up and paint a homeless center.

The Women’s Law Association sponsored a cleanup for a shelter and outreach program in Dorchester. The work was mostly manual labor outside, but according to Site Coordinator Emily Spitser, it was very rewarding. “I think the beautiful weather quickly made the volunteers forget how early they had woken up in order to participate in Springfest,” she said.

While WLA volunteers were battling weeds, Harvard Asia Law Society volunteers were helping potential Chinese immigrants prepare for immigration exams. “What was rewarding about the experience is how excited and eager all the participants were to learn. Many of them are in their 50s and 60s, and struggle with English. Here they were on a Saturday and a Sunday, taking notes, asking questions and above all enthusiastic to get as much out of this program as they could, while at the same time having fun,” HALS Co-President Niclas Ericsson said.

Some of the projects may have been as helpful to the volunteers themselves as they were to those they were helping. Across town in Brookline, the Law Review did outdoor work at the Ivy Street School. Chris Kolovos, Coordinating Editor for the Review said, “Many of our volunteers got a kick out of breaking up large trash (mostly old furniture) and throwing the pieces in the dumpster.” Some volunteers, he said, “were especially excited about the chance for violent stress relief, especially during third-year paper season.”

The biggest project by far was an Earth Day cleanup of the Charles River. Fourteen different groups and 1L sections participated in the massive project organized by the Charles River Watershed Association.

Always a Party

While volunteers were out making the world better, others were scrambling to put together an afternoon party for their return. There might have been a little rain, but that didn’t keep students from enjoying what has become an annual festival.

There was no dunking booth this year, but there was cotton candy, hamburgers and, of course, back massages sponsored by Westlaw. At other booths, LL.Ms provided Yorkshire pudding and sushi, while Lincoln’s Inn provided the Jell-O shots. The Appleseed Center for Electoral Reform sponsored a dart contest where students could take aim at clean elections foe and Massachusetts House Speaker Thomas Finneran. And in a similar vein, the Harvard Law School Democrats held a game of Twister where participants were forced to step on pictures of prominent Republicans.

Over at the Drama Society booth, Society President 2L Elie Mystal offered popcorn and explained that his group wasn’t able to hire the mimes or clowns they had hoped for. Apparently, hiring a mime for an hour will set you back $150. But shouldn’t the drama society be able to handle that one themselves? “We have lots of talents in the drama society – miming is not one of them,” Mystal said.

What-fest?

Although this was the first year that Springfest had a volunteer component, the event’s origin can be traced back to LIPPfest two years ago, an outdoor party organized by SPIN to advocate for the school’s Low Income Protection Plan. Last year, the event became SPrINgfest, but organizers at SPIN said they felt the event needed to reconnect with the group’s public interest mission.

Having watched the event develop for the last three years, 3L T.J. Duane said that this year’s Springfest was the most successful because of its emphasis on public service. “I can say having been the only person to work on all three, that this year was by far the most complicated but the most rewarding. I am thrilled with the event and the prospect of it being an annual school-wide event,” Duane said.

There is some controversy over who exactly had the idea of turning Springfest into a day of volunteering, but all of the event’s organizers said that they felt it was important for the school to have a day dedicated to students volunteering. LL.M. students Geraldine Chin and Fiona Tregonning, who co-chaired the event as members of SPIN as well as being HL Central members, said that they had heard about a day of volunteering at MIT and felt that HLS should have a similar event.

Virginia Davis, President of SPIN, said that organizing volunteer opportunities was a “big shift” for the organization. She added that the event was important because it provided an opportunity for groups to volunteer that would not otherwise participate in community service projects.

Over at HL Central, Springfest Co-Chair Ariane Decker said that her group’s involvement in this year’s Springfest stemmed from its commitment to public service. Decker said that the event was one of many community service projects that HL Central had organized.

“I had originally planned to do an all-school volunteer day – it was by chance that we ended up combining it with, the annual Springfest event,” she said. “HL Central is making a very concerted effort to increase community service and volunteerism at HLS,” Decker said.

Another HL Central Co-Chair of the event, 1L Rita Bolt, said that the day was designed to have an impact even beyond the community service projects themselves. “Hopefully, the event will grow year by year and will increase awareness of the community service opportunities in the Cambridge area,” Bolt said.

So who really pulled off this year’s Springfest? Duane gives equal credit to both groups. “This event was a product of the positive collaboration of both organizations and in retrospect the amount of effort that went into it really made it necessary to have both groups collaborating.”

As far as next year goes, all of the organizers said they expect the event to be even bigger.

Too cheap to meter?

BY CLIFFORD GINN

The Bush Administration’s energy policy calls for expansion of the nation’s nuclear energy capacity. Vice President Cheney’s energy task force recommended that the administration relicense and increase the capacity of older plants, expedite applications to build new facilities, provide tax breaks for the nuclear industry and invest in research and development.

Increasing reliance on nuclear power is hardly a new idea. President Eisenhower was an early proponent, and President Nixon (Cheney’s old boss) did everything he could to realize his prediction that the U.S. would have 1,000 nuclear power plants by the year 2000 (there are 103 reactors today, providing roughly 20 percent of our electricity). But for the efforts of a determined grassroots anti-nuclear movement, Nixon’s prophecy might have come true.

For those who believe that Bush is both competent and sincere, this policy must be exceptionally difficult to understand. If Bush is serious enough about the war on terror to revoke the civil rights of thousands of Americans, why is he calling for construction of easy targets for terrorists? If a nuclear facility blew up, the resulting radiation cloud would dwarf the ones at Hiroshima, Nagasaki, Three Mile Island and Chernobyl. A simple truck bomb could do the trick. Nuclear facilities have notoriously lax security, and given how often incompetent facility employees have brought us within inches of a disaster (within three-eighths of an inch at FirstEnergy’s Davis Besse plant), a terrorist who got into a facility could easily trigger a meltdown. Bush wants to have nuclear waste shipped from all over the country to a permanent storage facility in Yucca Mountain. This would be the greatest mass of nuclear material ever gathered in one place, and both the trucks transporting the waste and the facility itself are prime targets.

Of course, the risk of disaster was high long before September 11. Lax security, incompetent management and a hands-off regulatory approach have brought U.S. reactors to the brink of meltdown on numerous occasions. These near-catastrophes tend not to get reported, and neither do foreign disasters. Indeed, most people do not even know that the largest nuclear catastrophe in history since Hiroshima and Nagasaki occurred not at Chernobyl, but at Chelyabinsk in Russia (its Cold War code name was “Mayak”). From 1949 until 1956, the Soviets poured nuclear waste directly into the Techa River, giving tens of thousands of people living downstream doses ranging from 4 to 57 times greater than at Chernobyl. In 1957, a nuclear waste dump there exploded, sending at least 70 metric tons of waste into the sky. Hundreds of thousands of people were exposed to radiation levels comparable to those at Chernobyl. In 1967, after the Soviets had been dumping nuclear waste in Lake Karahay for 16 years, a cyclone swept the lake’s irradiated silt into the air, affecting nearly half a million people.

The Soviets covered up all three disasters, but the CIA knew about every one of them. The U.S. government refused to publicize the information because it did not want Americans to know how dangerous nuclear power could be. Given that Chernobyl will ultimately cause between 50,000 and 250,000 deaths, we can only imagine how much “collateral damage” the U.S. accepted when it helped the U.S.S.R. deceive the people living in and around Chelyabinsk. The U.S. did not treat its own citizens much better: U.S. facilities like Hanford Nuclear Reservation secretly poisoned rivers for decades and released extraordinary amounts of radiation into the air.

All of this risk makes nuclear power decidedly unprofitable. Even Cheney acknowledges that the nuclear industry could not survive without government subsidies. Federal government gifts to the nuclear industry totaled $7.1 billion in 1996. About two thirds of federal research and development money goes to the nuclear industry. A utility’s liability is capped at $7 billion, even though a meltdown could create costs of over $300 billion (never mind the thousands of deaths). If the industry had to insure against liability in the absence of a cap, such insurance would cost $3 billion per year. The government has lost $10 billion producing enriched uranium fuel for the industry and lost at least another $2 billion privatizing the operation. The Yucca Mountain waste storage site (which is, incidentally, the least geologically sound of the possible sites the government considered) will cost $40 or $50 billion to build. Taxpayers will ultimately have to shoulder at least $30 billion in plant decommission costs, and Vice President Cheney has proposed what will amount to billions of dollars in decommission fund tax breaks for the industry.

Anyone who wants to know why the administration would adopt this ludicrous policy should examine Bush’s FEC filings. The nuclear industry, military contractors and numerous other companies who profit from nuclear power were quite generous in the months leading up to the 2000 election.

For the love of legal writing

BY GREG LIPPER

Thus far unable to inspire even a single nasty letter to the editor, I was relieved to see that my column had landed a coveted mention in Fenno. Even better, Fenno was providing free editorial advice: law school columnists shouldn’t write about “law,” Fenno opined. I eagerly jotted down the suggestion. After all, Fenno is a true journalistic role model whose column last week tackled the novel, important and original topic of OCS recruiting, complete with hip references to the bad weather and the remote location of the Charles Hotel. Now if only I can identify Fenno from a lineup of Law Review editors, I will exact revenge for having been forced to devote valuable seconds of my life to discovering the meaning of “Iphgenia” [sic].

Fenno, however, may have been on to something — at least unwittingly. Why is it that the mere thought of reading an article about a Supreme Court case or a legal issue produces vigorous yawns, glazed facial expressions and narcoleptic episodes beyond even Starbucks’ competence to remedy? Fenno’s malaise may reflect an unfortunate reality of modern day legal education: nobody teaches students the practice of good legal writing. Aside from the obligatory 1L FYL debacle, in which eager young solicitors learn the art of leading with a conclusion, and the typical professorial admonition that “concise answers will be rewarded in grading,” our erstwhile instructors neglect the legal craft.

This omission is unfortunate, for two reasons. First, effective legal argumentation requires more than pure substance. A clever soundbite or artful turn of phrase conveys the underlying substantive point far more persuasively than does formalistic legal jargon. That a constitution is more than a legal code is memorialized by Chief Justice Marshall’s caution that “We must never forget that it is a constitution we are expounding.” That schools are not rights-free zones is illustrated by Justice Fortas’s rejection of the notion that “Students or teachers shed their constitutional rights… at the schoolhouse gate.” That drug testing for extracurricular activity participants is unnecessary is enlivened by Justice Ginsburg’s skepticism over the threat of “out-of-control flatware, livestock run amok, and colliding tubas.”

Second, the practice of law can transcend rote debate and procedural haggling. Attorneys should be artists, not just practitioners. A well-crafted legal word can endear a bleeding heart to the words of Justice Scalia and allow a neo-Fascist to savor the prose of Justice Jackson. A beautifully written brief or opinion reinforces that law is not just a hyper-technical parsing of statutory provisions and common law doctrines but also a creative process that can be fun both to perform and to observe.

Yet the academy seems oblivious. The curriculum tends to provide standard fare — large classes that go heavy on the doctrine, or seminars that talk scholarship and policy. Writing seems easily dismissed as “practical,” lumped with the other redheaded stepchildren of the law school curriculum, such as negotiation and trial advocacy.

Doctrine and policy are important, no doubt, and I am the first to dismiss “practice-oriented” classes (and often those that teach them) as dumbed-down. But the one practical thing that most of the faculty can do — even if they have never litigated a case or even taken the bar — is write. The school embraces efforts to teach its students how to seal contracts and cross-examine witness — skills that cannot be taught in a semester, let alone a career. Wordplay, perhaps most appropriately taught in an academic setting, ought to receive at least as much attention.

Fenno’s allergic reaction to reading about the law may have reflected more than diminished intellectual curiosity, excessive subciting, or bitterness over back-to-back banishments to the back page. Rather, it may signal a Pavlovian association between legal writing and tired prose. Although doing so may cause Kingsfield and Perini to shrivel, perhaps it is time to replace Law and Economics with Law and Literature, and swap Hart & Wechsler for Strunk & White. Legal writing ought to do more than gather dust.

RECORD Editorial: 1Ls should enjoy flyout week

BY

Guess what, kids? We pranksters here at The RECORD are just like everybody else. Most of our editors are leaving rainy Cambridge for other locales next week, and they’ve spent the last several locked in scads of 20-minute talkathons. So the truth is, we don’t really have any pressing campus issues to gripe about. Sure, there probably are some, but our letters pages have been quiet for the past couple of weeks, so how would we know? Has our angst evaporated all of a sudden, or (as is more likely) is everybody simply too burned out to care?

We don’t mean to be cheeky. In fact, for 2Ls and 3Ls, the free week of almost all-expenses-paid vacation that is flyout week is another time not only to be thankful for our comfortable situations in life, but also to do a bit more of that all-consuming soul searching that many of us do all the time, but still never get enough of. Perhaps flyout week can be a time to improve the quality, if not the quantity, of our self-examination.

Flyout week leaves you a lot to think about. There are the obvious questions of location — can you really stand to live among the steel-and-glass towers of New York or Chicago, or the smog-infested suburban sprawl of D.C. or L.A.? — and there are the deeper, and always more difficult questions.

Many 2Ls who entered OCI for the first time this year swore they never would. Now those same people find themselves swearing that this is only for a summer, or that they’ll try to work for a few years to finance that dream job they have planned for later. But after a few weeks of putting on a suit, basking in a firm’s attention and enjoying all the attendant benefits — free meals, free flights and (come summertime) a huge paycheck — that old promise gets harder and harder to keep.

But enough of that. If you’ve made it this far (that is, through 1L year), without losing it, you ought to take this time to pat yourself on the back, thank yourself for a job well done, and remember that all that time you spent studying Civ Pro wasn’t totally for nought. Turns out those 1L grades really did matter, sort of.

As for the 1Ls — the school is yours. Maybe it’ll seem a little lonely around HLS while the 2Ls and 3Ls are gone. The Hark will be a veritable ghost town. The treadmills at Hemenway will actually be available — even during peak hours! Langdell will be a little less full, and the Office of Career Services will await the gathering storm leading up to December 1. One-Ls will actually be able to interact with each other without 2Ls and 3Ls sitting around ordering them to subcite or offering them advice, too.

OCS deserves to breathe its much-needed sigh of relief. As promised, the office has placed nearly 100 percent of those seeking positions. OCS Director Mark Weber’s “sunny platitudes” (as one RECORD writer opined) don’t look quite so much like hyperbole anymore. Indeed, despite a down economy, despite a world of pessimistic predictions, life at Harvard Law School — at least career-wise — still looks pretty good. For all their hard work — and for all their success — the OCS staff deserves students’ thanks.

After this free week of paid vacation wraps up, it’ll be back to the grind of classes (catching up, in many cases), activities and a slightly less glamorous lifestyle. And — we at The RECORD hope — back to writing us some letters.

Have a great flyout week everyone.

Letters: War on terror at HLS long ago

BY

I was partly amused and partly saddened by the first sentence of last week’s article, “War on terror exiles 3L.” The sentence reads as follows: “The sprawling American anti-terrorism campaign finally reached Harvard Law School when 3L Ahmed el-Gaili was prevented from returning to the United States to finish law school.” Actually, the campaign reached the Law School quite a bit earlier.

The “sprawling American anti-terrorism campaign” first reached Harvard Law School last fall, when the Harvard International Office first warned foreign students that if they traveled outside the U.S. they would face substantial delays and uncertainty in obtaining visas through U.S. Consulates abroad and during the reentry process. It continued to reach us when one S.J.D. student from the Middle East (who has been at Harvard for six years) went to a three-day conference in Europe last spring and ended up being unable to return to the U.S. for two months for visa reasons; when another S.J.D. student from the Middle East (who has been at Harvard for seven years) has not risked going home to visit his family out of fear that he would be denied a reentry visa; when two other S.J.D. students from the Middle East have been unable to return to Harvard this fall after going home for the summer because they have not been granted visas more than three months after their original visa interviews; and when three LL.M. students (one of whom attended college in the U.S.) have had to defer the start of their studies for a year for the same reason. Not to mention the fact that numerous staff members in the Graduate Program, the Registrar’s office, the Dean of Students office, and other offices have been working for months to put mechanisms in place to comply with the new Student and Exchange Visitor Information System (SEVIS) mandated by the INS.

International students at Harvard — particularly those who previously have not spent much time in the U.S. — frequently comment on their U.S. colleagues’ myopia towards the rest of the world. The Record’s coverage of world events and attention towards international students has occasionally given me cause for optimism. Last week’s article was not one of those occasions.

— Gail J. Hupper, Assistant Dean for the Graduate Program and
International Legal Studies

1L Expirence: One-Ls wearing suits

BY JEREMY BLACHMAN

The invasion of the suits finally spread to the 1Ls last week, at least to my section. But it wasn’t overeager students flagrantly violating the ban on summer job searching until December 1. No, that will have to wait for next week. It was just for yearbook photos. And for our section’s reception with Dean Clark.

First, the yearbook photos. I’m not sure if that was really a legitimate reason to wear a suit. They suggested we wear “business attire.” But doesn’t that depend on what business you’re in? What if you’re a lifeguard? A clown? An underwear model? I think it’s a bit of a stretch to assume that “business attire” means you have to wear a suit. It’s presumptuous. What if I can’t get any of the jobs that require suits and I’m stuck wearing a paper hat and apron? Then assuming that suit and tie as “business attire” will make me feel awfully silly. But I’ll excuse the people who simply wanted to look spiffy for their yearbook photo. After all, yearbook photos are permanent.

Harder to excuse are the people wearing suits for our section’s reception with Dean Clark. Right before our reception, we had our OCS/OPIA orientation session, which I suppose was an even worse occasion to wear a suit (just barely above “rehearsing for my funeral” as far as reasons to wear a suit are concerned).

The orientation presented us with a number of graphs about career prospects for graduates. The first showed the number of graduates who go to firms compared with the number who do other things, like clerkships, public interest work, joining the space program, getting struck by lightning, and turning into a chimpanzee (the last six of which all appear to have about an equal chance). It looked like a graph comparing the Harvard endowment with the amount of change in various students’ pockets. The bar indicating the percent who went to firms barely fit on the screen. The other bars looked like someone had squashed them. The only way it could have looked more uneven is if they’d used a logarithmic scale. The second graph showed the percent of graduates who get jobs as compared with the national average. Guess what that looked like.

Anyway, after the exciting career orientation, it was off to the Clark reception, with the people in suits. This was unnecessary for a few reasons. First, they said there’d be food. My policy is, anywhere where there’s food is a dangerous place to wear my one suit (actually it’s not even really a suit — I have a jacket and a pair of pants that come oh-so-close to matching. Barely visible to the naked eye. Almost can’t tell one piece is navy blue and the other is black. Almost. Goes great with my olive green only-pair-of-dress-socks and my brown shoes). So easy to get it dirty, and then what? Plus, what could the consequences possibly be of not wearing a suit? Would Clark kick us out of school? Erase our entries from the log we had to sign to get our ID cards? Ensure we get a “low pass” in FYL?

And, frankly, the reception wasn’t really worth a suit. Maybe a polo shirt and a pair of khakis, but definitely not a suit. I’ll admit, the food was a much-appreciated step up from the goldfish and assorted crackers at the All-Law School Party (does Harvard own stock in Pepperidge Farm?). There were miniature spinach pies, fried wontons, little triangles of toast, assorted fruit and other finger foods that, in large enough quantities, made for a filling and nutritious dinner, especially if you brought a Ziploc bag and loaded up on the chicken on a stick. There were also some assorted flavors of what more sophisticated members of my section told me was paté. It looked kind of like slabs of clay to me, so I’m not totally sure. Tasted like clay too. (And three slices was just about enough to sculpt a lovely model of Langdell, complete with columns. Too bad they cleared away my plate before I could save it.)

The highlight of the reception was when Clark told us of the accomplishments of people in our section: “…a Fulbright scholar, a Truman scholar, two people with an allergy to peanuts, one student who still wets the bed, three hypochondriacs, one convicted felon, four transvestites and a former stunt double for Barney the dinosaur.” Now there’s one person whose “business attire” most certainly wasn’t a three-piece suit.

Congressmen to CEOs: HLS’ LL.M class

BY LEA SEVCIK

Lewis International Center.
LL.M. Candidates board in Lewis Center.

You could learn a lot from an LL.M.

Though every year’s J.D. class features its own cast of superstars, students often forget that the students enrolled in the Master of Laws (or LL.M., as it is commonly known) program bring to the table an even more diverse set of accomplishments. Because LL.M. students already have law degrees, usually from foreign countries, their experiences are as varied as the globe is broad, with many coming from the upper echelons of their respective government, business and legal communities.

This year’s class of 142 students hails from 58 countries, with backgrounds ranging from professors, judges, politicians and national Supreme Court clerks to CEOs and a former police corporal. The most represented country is Japan, with 10 students, while most other countries have between one and three student representatives. Below, The RECORD profiles a few of the many students that make up this year’s LL.M. class.

Ivo Keltner, from the Czech Republic, spent two years as the youngest lawyer at the Czech Securities Commission, where he began working while a law student. He then joined the restructuring team of a major Czech bank, where he was in charge of untangling one of the largest bankruptcies in Czech history. Keltner currently sits on the board of directors of seven corporations, including the biggest Czech foreign investment corporation to date. He also spent a year in the army and still holds the rank of First Lieutenant in the Czech Republic’s Reserve Army.

Keltner says he came to HLS because, “if you want to do anything all around the world you have to have at least some knowledge of US legislation and standards.” So far he is enjoying the Harvard Law School experience, which differs from the Czech Republic, where “professors don’t use the Socratic method, and our exams are 99 percent oral — I can barely remember a written exam.”

Nadia Hadjdova, of Bulgaria, finished a Masters of Law at Oxford after winning a full scholarship. She then joined the European Bank for Reconstruction and Development. Never having worked in English before, Hadjdova is proud that she learned to cope in an entirely new environment and had the opportunity to work on many complex international matters, including the restructuring of a colossal Russian corporation that “produced everything from trucks to tanks.”

At HLS, Hadjdova has been most surprised at the instructions given to women in preparation for recruiting. “In Bulgaria, it is not appropriate for women to be dressed like men. Women wear colorful clothes, trouser suits, scarves, jewelry and silk. The concept of a business suit is foreign to me. But here, you have to wear all black or blue. It seems you have to project the image of a spinster.”

Pieter Leenknegt, from Belgium, already has four degrees under his belt, and says he came to HLS “purely for fun.” Leenknegt already has an LL.M. from the prestigious College of Europe and an art history degree with a thesis on equestrian statues of Franco. Leenknegt has also been an “external collaborator” for the International Labor Organization, a representative of Belgium at the World Trade Organization and in charge of appeals at the German Forced Labour Compensation Program in Switzerland.

“I had to more or less determine the criteria under which we’d grant an appeal,” Leenknegt said. He said he was disturbed that, “farmers found it apparently quite acceptable to have laborers from Eastern Europe working for them without compensation and sometimes in sordid conditions.”

At HLS, Leenknegt says he has become more aware of differences between Europeans and Americans. “Americans should amend the Constitution, which has built-in immobilities from the eighteenth century, but that’s taboo. It’s perverted that the government has to rephrase the right to environment or traffic safety in terms of commerce.”

Shervin Majlessi, from Iran, comes to HLS from Canada’s McGill University, where he was writing a doctoral thesis on private and public participation in the World Trade Organization. He finds it impossible to compare HLS and his law school in Iran.

“At the time I left, law school was the most conservative of all the schools except for the divinity school. The way you dressed was regulated, you were reprimanded for wearing blue jeans, and you couldn’t wear a tie because it was a Western symbol.” Yet he said the school was intellectually challenging: “I watched people change within four years. They’d come as a fanatic with fixed ideas and come out a totally different person after sitting though a constitutional law course with a very good professor.”

Majlessi feels a pull towards public policy and politics, but still holds back. “I grew up with fear — lead your life, keep quiet, try to survive — because any way of life that differentiates is a no-no, you’ll get yourself killed. I’ve seen many unfortunate examples of people who lost their lives or spent years in jail without being that important.”

Lucia La Rosa-Ames, from Italy, says she met her first Protestant when she joined the U.S. Trial Service Office as a Foreign Criminal Jurisdiction Specialist. “I really loved that job,” she said. “There are 15,000 American military people in the south of Italy, and the implementation of the Status of Forces Agreement raises a lot of legal issues. My main duty was to defend the interests of the U.S. when a member of the foreign forces was involved in a crime and Italy wanted jurisdiction.”

La Rosa-Ames was also impressed with the integrity of the U.S. Navy: “As a woman in a position of leadership, you are always on the defensive because you have to overcome discrimination, but there I really felt that it didn’t matter that you were a woman or man.” La Rosa-Ames came to HLS because, “in order to go forward with your career, you have to keep coming back to study. I need to know better the American system and way of reasoning, because the way in which you face legal problems is different.” La Rosa-Ames says her dream is to work in public service within the U.S.

Birgir Ragnarsson, of Iceland, found himself bored during his final two years of a five-year law degree. After graduation, he was catapulted to political prestige as legal adviser to the Minister of Industry and Commerce, then to senior attorney at the Icelandic equivalent of the SEC. Ragnarsson was then asked by the Minister of Commerce to draft a legislative bill on electronic signatures, and Ragnarsson’s bill became Icelandic law in 2001.

Since then, Ragnarsson has started a company that issues digital ID cards: “It was founded in the upswing of high tech, and we had very high expectations of growth. It’s different now, but we’re doing well because people always need security, and all the banks are our customers. We eventually want to move into the government sector.”

Asked why he came to HLS, Ragnarrson jokes, “Vanity — the reputation of schools in the States is that they’re the best schools in the world — and the name Harvard.” His role as managing director of a growing company did not stop him from coming: “You always get so involved in what you’re doing, you will never get more time. You just have to do it.”

Senator Boxer defends vote on Iraq resolution

BY TIFFANY BENJAMIN

On Monday afternoon, Senator Barbara Boxer (D-California), spoke to a crowd of about 200 Harvard Law students on issues ranging from terrorism to the Green Party to the fight between Republicans and Democrats over confirmation of President Bush’s judicial nominees. The speech was the HLS Democrats’ first major event of the year.

Much of Boxer’s time was spent discussing the recent resolution authorizing the President to use force in Iraq if the nation refuses to comply with U.N. weapons inspections. Boxer was among the minority voting against the resolution, which passed 77-23.

“To me, it wasn’t a hard call, because I had 25 to 30 completely unanswered questions,” Boxer said. “I believe war is a last resort.”

In defense of colleagues who voted for the resolution, Boxer said that Democrats forced the President to go through several channels before they voted to approve, and that the final resolution was drawn narrowly.

“The Democrats said, ‘Go to the U.N.’ and [Bush] went to the U.N.” she said. “I also again believe that he wasn’t going to come to the Senate or the House. He was going to bypass us and say, ‘I don’t need to come here — they gave me this power through the [Persian Gulf War] resolutions back in ‘91’”

Boxer charged the Bush administration with having nefarious motives for seeking the resolution. “The whole thing was brought up because of politics,” she said. “It was all part of the grand plan by the Bush administration to get the Senate.”

Democrats, Boxer said, have a lot of work to do to get their constituencies excited about the November 5 election.

“I think it’s just a matter of us having to take it to the people. We have to make the connection between the quality of their lives and who is in office,” Boxer said.

She warned Green Party voters to, “think of the ramifications and don’t delude yourself,” this time around, stating that the Green Party cost Democrats the White House in 2000 and risked handing the entire Congress over to Republicans as well.

Boxer also defended Senate Democrats against the claim that they have obstructed the approval of the President’s judicial nominees, arguing that the reasons individuals were refused had nothing to do with the President.

“I think the Senate would be happy to put people on the bench who reflect mainstream America,” Boxer said. “We have put many people on the bench, but we refuse to put people on the bench who are from the far end of the spectrum. We never did it under Clinton, and we’re not going to do it under Bush.”

Melinda McLellan, a 1L, said she was impressed by Boxer’s candor. “I was pleased to hear from a leading Democrat who had the courage to vote ‘no’ on the Iraq resolution and who seems genuinely committed to correcting perceived problems in the Democratic Party,” she said.

Boxer was elected to the Senate in 1993. She chairs several committees, including the Environment and Public Works Committee.

HLS to open new pro bono office

BY KRISTEN NELSON

Lisa Dealy, who previously oversaw the LIPP program, has been appointed to head the new office.

A Harvard Law School education has always demanded a hefty amount of academic face time in the form of required first-year courses and various other graduation mandates. These traditional obligations, in place for generations, guarantee that students will spend long hours thinking about law in the abstract — in the classroom, textbooks and cases, and on exams.

This year, however, a new requirement is in place designed to ensure that students will make a service-oriented connection between the law studied in the classroom and the law practiced in the real world. The Law School’s new mandatory Pro Bono Service Program, headed by former LIPP and Summer Public Interest Funding Director Lisa Dealy, will require students to undertake 40 hours of uncompensated public interest work as a prerequisite for graduation. Though it does not apply to current 2Ls and 3Ls, the pro bono requirement does apply to the class of 2005 and generations of HLS students to come.

An Idea is Born

“The notion for a mandatory pro bono requirement was born during discussions within the faculty-student Connections to Practice Committee, a component of the larger strategic planning process begun by HLS several years ago in efforts to reflect on and improve the Law School as an institution,” said Professor Andrew Kaufman. The process resulted in substantial changes in the 1L academic experience beginning with the class of 2004, and also serves as the basis for current Law School fund-raising efforts.

The Connections to Practice Committee saw the planning process as an opportunity for the Law School to instill in its students a sense of professional values, including the value of pro bono service. “The requirement is intended to introduce students into a habit of thinking of part of their time being pro bono time, which is a habit we think they should continue for their lives,” explained Dean of the J.D. Program Todd Rakoff, who served on the Steering Committee for the Strategic Planning Process.

The Committee developed the proposal for over a year before submitting it for a vote to the entire faculty. Rakoff said there was some initial opposition to the requirement within the Strategic Planning Committee as well as among the faculty as a whole. “The strongest argument against the proposal was that the Law School shouldn’t force people to do good,” he explained. “Those who were opposed were in favor of having the School do things to increase the number of voluntary pro bono opportunities, but didn’t want it to be mandatory.”

On the other hand, those in favor of the program felt that a mandatory requirement was legitimate because of its educational value as well as the broader message it conveyed to students as to the importance of contributing to the public good. Ultimately, when the vote was taken, the proposal passed comfortably, with “only a half dozen negative votes,” Kaufman said.

A National Trend

In adopting the mandatory pro bono requirement, the Law School joins the ranks of fifteen law schools nationwide requiring pro bono service of graduates, including the University of Pennsylvania and Columbia Law Schools, which have had successful and well-respected pro bono programs in place since the late 1980s and early 1990s, respectively.

There is also evidence that the Law School’s adoption of the requirement will serve as an impetus for other schools. The University of Denver passed a mandatory pro bono requirement citing the HLS proposal as a model. Stanford Law School also recently passed a similar requirement and is in the planning stages of implementation.

The Search for a Director

The passage of the pro bono requirement left the Administration searching for the perfect candidate to administer the program. The Hiring Committee, which included Rakoff, Kaufman, several faculty members and Director of the Office of Public Interest Advising Alexa Shabecoff, interviewed well over a hundred applicants for the job. Applicants came from both the public and private sectors, encompassing a wide range of impressive professional and academic backgrounds.

However, the committee unanimously thought Dealy, Director of LIPP and Summer Public Interest Funding, was the person most suited to the task of implementing the new program. “We were lucky she was interested in running the program. She has the experience and the commitment to the program that is needed, and she knows how to get along with all the people who will be involved, including students, practicing lawyers and their organizations, faculty and administration,” Kaufman noted.

Shabecoff said the Pro Bono Program is “in great hands. Lisa already has a demonstrated track record in her former positions as running administrative programs in an innovative and student-friendly way.”

Since taking the helm in June, Dealy has focused on getting the office up and running by February, when it will begin servicing 1Ls. She says she has spent a good deal of time “researching opportunities for students, networking and talking to those in my position at other schools.” In addition, she has hired a full-time staff assistant and is poised to move into the program’s new office space in Gannett House, which became available when the Legal Aid Bureau relocated to Baker House this fall.

Fulfilling the Requirement

As Director, Dealy will facilitate the administration of the program, a primary component of which will be advising students how to fulfill their pro bono requirement in a way most satisfying to them. This can be achieved in a number of different ways, provided the work students do fits a broad definition of pro bono work and is considered legal rather than clerical or purely academic.

For example, those who enroll in a clinical program, participate in a student practice organization such as the Tenant Advocacy Project or Harvard Defenders, become involved in a student service organization like the Battered Women’s Advocacy Project, or spend a summer working at a public interest organization will likely fulfill the requirement.

In addition, a primary focus of the Pro Bono Service Program will be to offer placements with Boston-area organizations. These placement could be specifically tailored to meet the pro bono requirement for students who do not naturally satisfy the requirement through participation in other activities. Dealy said she is focusing on finding pro bono opportunities for students of all ideologies and dispositions, including those more inclined to pursue private sector work upon graduation. Such placements may be as diverse as working at a government agency, performing pro bono service at a law firm (as long as it is uncompensated), or interning in the general counsel office of a hospital or school.

The decision to allow clinical programs to count toward the requirement was based on the logical overlap of a pedagogical, service-oriented experience with the requirement, as well as a desire not to hurt enrollment in clinical programs, Dealy said. The reasoning behind including summer public interest experiences in the definition of the requirement was that students are grossly “undercompensated” for summer work, particularly compared to lucrative law firm salaries, many times earning just enough from summer public interest funding to cover living expenses.

Though not required, faculty members are encouraged to perform a similar amount of pro bono activity to that required of students in their fields of expertise.

To Dealy, the broad range of experiences that count towards the requirement is geared so that students can gain exposure to the wide range of ways in which pro bono service can be performed. “My hope is that students will really start thinking about what kind of work appeals to them early on, and will have the flexibility to tail
or their fulfillment of the pro bono requirement to suit their individual interests,” she said.

Between one-half and two-thirds of HLS students may already be meeting the pro bono requirement through their participation in student practice organizations, clinical programs or summer work, according to the proposal submitted to the faculty by the Connections to Practice Committee.

It is also estimated that many students will vastly exceed the number of required pro bono hours. “Students’ transcripts will have a statement that they have fulfilled their mandatory pro bono hours, but will also have a space indicating the number of voluntary pro bono hours completed above and beyond the minimum,” said Dealy. Her hope is to design some sort of recognition dinner or award ceremony for students who exceed the number of required hours by a certain (still to be determined) amount.

Working Closely with OPIA

Both Dealy and Shabecoff anticipate their offices will work closely with one another to complement each other’s services. “We already have a great deal of resources — books, databases and institutional knowledge — that can help students find good placements that fit their interests,” explained Shabecoff. “I am sure we will send people back and forth constantly.”

Unfortunately, since the two offices will be located on opposite ends of campus, this may be rather inconvenient for students seeking to benefit from both offices. “It will awkward to be so far away from OPIA [when we move to Gannett House],” said Dealy.

Dealy sees the two offices as sharing a common, yet complementary mission. “I see OPIA as more of a national expert on public service opportunities, whereas the Pro Bono Service Program will provide more local expertise,” she said. “I also see the Pro Bono office as adding a connection between Harvard and the local community.”

True to the office’s local focus, the Pro Bono Service Program will take over a small voluntary pro bono program called Providing Unpaid Legal Services (PULSE), formerly administered by OPIA. Through PULSE, students could find volunteer placements with a number of Boston area nonprofits willing to host a law student intern. Shabecoff noted that because of OPIA’s many other services to students, keeping track of PULSE placements and feedback often got lost in the shuffle. OPIA has turned over PULSE placements to Dealy, who will use them as a core from which to build other placements.

1L Reactions

Some 1Ls expressed enthusiasm about their new requirement. “I think it will be a fantastic boost to the HLS community,” said 1L Jesse Tampio. “It could provide a great opportunity for some people to experience the kinds of legal work where the compensation comes from something often more rewarding than money.” One-L Mike Bloch agreed. “Hopefully the requirement will have the added bonus of turning more students on to the idea of pursuing a career in public interest after graduation.”

Ultimately, Dealy sees the new program as something students will learn to live with, if not love. “To me, this is a very valuable component of the law school curriculum,” she said. “Not everyone will love it, just like not everyone will love contracts or property, but providing pro bono service is an important responsibility of being a lawyer.”

Gay, lesbian students cast wary eye on OCI

BY YONI ROSENZWEIG

After years in academia, where administrators freely brandish their statistics on diversity of sexual orientation, gay and lesbian students at Harvard Law School face a recruiting process with a shabbier pot of gold at the end of the rainbow. Though no firm explicitly gives students the ghastly choice of the U.S. military’s ‘don’t ask, don’t tell’ — keep your sexuality to yourself or be fired — not all make clear the atmosphere and policies that gay and lesbian lawyers will find at a firm.

Among large firms on the coasts, most firms express some level of gay-friendliness, if only through a non-discrimination clause.

The more hospitable firms publish the number of gay associates and partners at their firm. According to OCS Director Mark Weber, fewer than 20 percent of firms report their percentage of “openly gay” lawyers to NALP, compared to nearly 100 percent reporting of other minorities.

According to Weber, “those firms who do not report are not necessarily unwelcoming” and, thus, students must pursue other avenues to determine how welcoming a firm is. Students often consult the firm’s record of clients and pro bono work, their diversity statistics for other minorities and women, as well as medical, life insurance and family leave policies for same-sex partnerships. At HLS, a gay, lesbian, bisexual and transgender network is available, as are resources from the OCS website. This all helps a great deal when few firms are as candid as San Francisco-based Morrison & Foerster, which publicly professes a commitment to hire and promote gays and lesbians to “important management positions.”

Some firms offer to pair students with gay and lesbian recruiters if so requested in order to ask specific questions. Dan Lefler, recruiting partner at Los Angeles-based Irell & Manella, considers these interviews part of the process of finding the lawyers who would make the best fit at the firm.

In light of this available information, most gay and lesbian students find that expressing sexual orientation does not disadvantage their prospects in “big liberal markets,” as 3L Geoff Upton described them. “If anything,” Upton continued, “being gay can present an advantage in hiring at such firms.”

Some studies support the contention that, at least when submitting resumés, indicating a sexual orientation does not have an overall disadvantaging effect in receiving interviews.

But the openness and broad acceptance found at some large firms may serve to mask problems that gay and lesbian 2Ls and 3Ls face during the recruiting season.

Those firms that do not publish the number of gay and lesbian lawyers and have no particularly welcoming policies — such as same-sex benefits — leave gay students to take a gamble. Many simply take the firm’s silence to be an unwelcoming sign, and there is at least some good reason for that. When 3L Lindsay Harrison inquired about gay partners at D.C.-based Williams & Connolly, she says she was bluntly told, “I don’t know any partners who are out. We are kind of an old-school firm and that’s not going to change anytime soon.” She said the firm ultimately apologized.

In the end, Irell & Maella’s Lefler pointed out, firms end up hiring “many more gays than indicate that on the resume or in interviews,” touching on the phenomenon of unmentioned sexual orientation.

To many gay and lesbian students who do not submit or inquire about sexual orientation, they consider it a private, irrelevant, matter. “Does it really matter?” one 2L, who is gay, said anonymously.

Yet for many, questions such as about whether or not sexual orientation will affect success at the firm, or whether they will be discriminated against, continue to crop up. Weber suggested that this is because “there is more social pressure to keep sexual orientation secret than religion .” Some gay and lesbian students, he pointed out, do not even tell their parents for fear of a negative reaction. How, then, can they tell someone they have just met?

OCS does not recommend a specific course of action for gay and lesbian students considering whether to include their sexual orientation on their resumes or in interviews. Rather, they suggest that students consider how fundamental that particular factor to their identity and to consider generally, as Weber puts it, “what story you want the resume to tell.”

Fenno: A day at HBS

BY

Fenno was in a classroom. At least, it seemed like it could be a classroom. Twenty-somethings wearing Ralph Lauren sat facing the front of the room, where the three-dimensional image of a white-wigged man smoking a pipe was projected by a laser array out of the floor behind the podium. Thelonious Monk was being piped over the P.A. system through Bang & Olufsen speakers while men in tuxedos circled the room with silver trays carrying what appeared to be champagne cocktails in fluted glasses. The chandelier suspended from the domed ceiling refracted light from the holograph machine onto the blond heads of the “students,” who flashed perfect teeth as they exchanged stories of golfing and horseback riding from last weekend. A not-so-apologetic throat-clearing interrupted the polite banter; it was time to begin.

“My dear students of the Harvard Business School, I am truly sorry I cannot be with you in the flesh today,” the professor began. “As you know, the school has introduced a no-smoking policy, and I dare not deliver this particular talk without the benefit of the little weed that so well clears the head for concentrated exercise. Besides, I have been dead for over 200 years. Let us resume our discussion of the salutary effects a moderate degree of inflation presents in connection with arresting the progress of a generally tiresome middle class.” Forty hands shot up at once.

Fenno was confused, not to say unhappy. Here she was at the Business School listening to a lecture by the ghost of Adam Smith. She looked in her purse for her day planner. Maybe she’d scheduled something weird. There next to her wallet was a skee-ball ticket from Jillian’s.

She turned it over: “Congratulations, you’ve been EXCHANGED. And it’s a three-way! An HBS student is at the K-School, and a K-School student is at HLS. Have a good time! — The HL Central HLS-HBS-KSG Exchange Committee.” Well great, she thought. I’ll just chill out here and listen to the dead guy while I live on crudités and brut. But oh no! she realized, suddenly panicked. If I’m the HLS student here, then that might mean….

Back at the Law School, 100 screaming 2Ls were pouring out of the squalid tenement that is Pound Hall, where Rob Jackson had just begun to recite Ronald Coase’s The Problem of Social Cost verbatim to Professor Kraakman. Jackson punctuated each sentence by striking the table and proclaiming a successive digit of pi. Fenno knew she had to get back, and fast. If not, this thing would end up worse than an all-LL.M comparative tax class.

Fenno took off her heels and ran after a city bus stopped at a corner. She boarded and sat down next to a familiar-looking young woman. “Hey,” Fenno said, turning to her, “aren’t you—?”

“Alexandria Marzano-Lesnevich. Edison, New Jersey. Nice to meet you.” She extended her hand.

“What are you doing out here in Allston this time of day?” Fenno asked.

“Oh, well, thanks to Kaplan, I aced the test and got into Harvard Law.”

“But Harvard Law’s on the other side of the River.”

“I know, but thanks to Kaplan’s advertising money, the MTA lets me ride public transportation for free, so I’m maximizing my mass transit time.” She indicated with a pencil the open pages of an oversized paperback resting in her lap. “Wanna help me ace this logic game?”

Fenno noticed Chris Kolovos sitting across from them. He had apparently overheard their exchange. Narrowing his eyes quizzically, he asked, “Technically, wouldn’t you have needed to get a 180 instead of a 178 to have aced the LSAT?” Alexandria muttered something disagreeable and moved to the back of the bus. Chris narrowed his eyes even more quizzically and followed her.

Fenno debarked at the southern edge of campus and walked briskly up the path behind Hastings. Outside the journals entrance, D. Hara Sherman was explaining the rejection of the Environmental Law Journal to Jill Zimmerman. “It makes perfect sense. Obviously the Journals Committee joins me in assuming the environment is sexist. We can’t have a journal devoted to sexism at Harvard Law.”

Jill nodded slowly in an appeasing display of near-understanding. She replied, “But it was the Entertainment Law Journal that was rejected. The Environmental Law Review has been around since 1976.”

“Exactly,” Hara rejoined. “Nineteen seventy-six. The bicentennial. The beginning of the end of pre-post-feminist feminism. It’s all in the numbers, this enviro-sexist capitalist conspiracy.” She seemed to become a bit flustered. “Have you noticed it’s kind of humid today? I’m going to my locker to get an umbrella. On second thought, an umbrella’s a little too phallic. I think I’ll just go hang out inside my locker and think about art.”

Fenno wanted to stop and learn more, but there wasn’t time. Up at Pound, people had evidently overcome the initial trauma caused by Jackson’s avant-garde math/law fusion jam. By now, everyone was standing around in small groups, each actively engaged in not caring about the World Series. This highly-emotional distraction soon proved too much, and talk turned inevitably and with much relief to the subject of flyout week.

One male student had a theory: “Interviewing as a guy sucks. I heard all a girl needs to do to get a ‘special’ call-back at Quinn is to find the shortest, goofiest associate on the dance floor at the Hong Kong, ask him for a fourth scorpion bowl, and start making out with him until he ‘calls’ her back to his hotel room. Either that or get her head bashed into the ping-pong table at the Inn. I’m not sure which works better. Guess she might as well try both.”

The circle of students voiced their agreement. Donovan Rinker-Morris, however, seemed to disapprove: “I think you are displaying an instinct towards moral simplification. Making out with a Quinn Associate and having one’s face bashed into a ping-pong table at the Inn are classic tactics, ones that Hitler used. I think you are all Hitler, and I don’t intend to resign from anything for pointing that out.”

Meanwhile, Rob Jackson emerged from Pound with Kraakman in a cold sweat looking white as a sheet. A sort of sweaty sheet. Fenno quietly snatched Rob’s skee-ball ticket out of his hand. Students began frantically dialing cabs for him. “No, my people, all is well,” Rob responded to this manifest solicitude for his safe travel back to the K-School. “I will take advantage of the Law Review car service. Farewell. I hope that when we meet again, you will all be much, much smarter than you are right now.” He threw back his head and set off proudly towards Gannett House.

Fenno waited a moment and followed him, just to be sure. Finally satisfied at seeing him duck into a black Town Car, she turned left and entered the basement of Austin. She hadn’t had a chance to check her email in a few days, so she stopped in front of the iMacs. Her OpenMail contained the following messages:

From: rcoe@law.harvard.edu
To: marshal@hlssun1.law.harvard.edu
Re: [MARSHAL] Class of 2003
Clothing!!!
Thanks Rachel. I will send out an e-mail about Fogg soon.

From: klachter@law.harvard.edu
To: marshal@hlssun1.law.harvard.edu
Re: [MARSHAL] Class of 2003
Clothing!!!
hey rick,
in the email about the fogg, we need to make sure people know it’s right here at harvard, not in boston, in addition to
telling them about the ticket sales…
That oughtta hold the little bastards.
thanks!
katie

From: klachter@law.harvard.edu
To: marshal@hlssun1.law.harvard.edu
Re: [MARSHAL] Sorry!
Hi everyone,
We are aware that we accidentally sent part of our conversation to the whole mailing list – we’re very sorry, and thanks for letting us know. Stay tuned for details about the Halloween party…
The little bastards oughtta really love that.
katie

From: nesson@law.harvard.edu
To: students@hlssun1.law.harvard.edu
Cc: ogletree@law.harvard.edu, warren@law.harvard.edu
Re: [MARSHAL] Sorry!
Perhaps I can be of service….
charley

Concert Calendar: Music on the fly

BY JEFF LEVEN

So you’re living large on the firm for a week. Checked into the Rain Man suite, eyeing the mini-bar with that glint of menace in your eye. A few nights of mints on the pillow, posh meals, and a completely legitimate excuse to take your evenings off. So, in that spirit, we thought we’d give you a week full of musical ideas for the most popular major fly-out cities:

New York

Lucky bums! You’ve come just in time for the CMJ Music Marathon 2002 — which means showcases at most clubs that count in the city Wednesday through Sunday.

Monday (10/28): Stevie Wonder, Roberta Flack, DMX, and Faith Evans (Beacon Theater) — Talk about a show that covers the spectrum from R&B to hip-hop, Motown to Bed-Stuy and most points in between. Aside from the fact that Stevie Wonder himself is a talent for the ages, seeing him alongside singers like Flack and Evans is a rare treat indeed. Expect some surprises in the set-list, particularly from the likes of DMX, who undoubtedly will find ways to keep from being the odd one out in this singers’ bill.

Tuesday (10/29): Bob Mould (Bowery Ballroom) — With Cobain and Nirvana getting a temporary glut of nostalgic celebration, some critics are bound to point out that the cavernous sonic wash that made Nevermind such a juggernaut owes a tremendous amount to the scabrous chords, bristling intensity and melting volume of Hüsker Dü. While the most recent album from former frontman and guitarist Bob Mould is not on par with his best work, seeing Mould remains a reminder that beneath the most kinetic of the Husker’s hardcore punk was songwriting so solid that the wall of sound had something substantial to sit on.

Wednesday (10/30): Soundtrack of our Lives (Roxy) — I have been waiting for the opportunity to wax fanatical about these guys for some time, and finally I get my chance. This band is amazing. As a matter of fact, it’s hard to know where to start. Rising from the ashes of the frenzied MC5 punk of Union Carbide Productions, Sweden’s Soundtrack of our Lives is, simply put, pure rock ambition that nearly always pays off. Ranging from Spiritualized-style psychedelia, Stones-style swagger-rock, SOOL isn’t out to build a catalogue — they’re out to build a canon. So far, so good.

Thursday (10/31): Too many choices — This is really, really tough. If you want to get your groove on, just go to the Hammerstein Ballroom and check out the amazing double-bill of DJ Spooky and Medeski, Martin & Wood. If you want to rock, go to Irving Plaza for the Ipecac Records showcase featuring bands like Calexico and NYC upstarts the Yeah Yeah Yeahs. Or you could make an event out of it and see the Misfits at the world (ooh, spooky), Cypress Hill at Roseland or sneak through a window and see the Foo Fighters at the Supper Club. But, if you want something really deliciously weird, consider trying the Fantomas Melvins Big Band at the Roxy, featuring Mike Patton from Faith No More and the grunge legends the Melvins onstage together in what will certainly be a din of bizarre but clinically interesting noise.

Friday (11/1): This isn’t getting any easier. If you want to throw on some black pants and go clubbing, see Paul van Dyk at the Roxy, but if you want ethereal, eclectic, trancy beautiful Nordic music, see Sigur Ros at the Beacon Theater. If you don’t have too much of a headache from the night before just go see Murphy’s Law at the Continental.

Saturday (11/2): Chemical Brothers (Hammerstein Ballroom) — Back in the States with more block-rocking beats, take advantage of the rare opportunity to see them spin up close and personal.

Los Angeles

Monday (10/28):
The Cramps (Galaxy Theater) — The Cramps are the house band of Quentin Tarantino’s dreams, even if they were around first. Still trucking with over two decades of trash rockabilly camp, fear, loathing, sex, drugs and rock n’ roll, the Cramps are a great way to start your week in la-la land in deliciously freaky fashion. Throw some pomade in your hair and a spit shine on your shoes and prepare to meet the fishnet throwbacks your mother always warned you about.

Tuesday (10/29): L.A. Guns (Key Club) — Hair metal is not dead in L.A. Hair metal will never die in L.A. Axl is fat and Tracey Guns is still scrawny, nasty and out for blood. Long may he shriek.

Wednesday (10/30): Keb Mo’ (Cerritos Center) — See, why don’t we get this sort of thing in Boston? Keb Mo’ is perhaps one of only a handful of people who perpetually produce what could even begin to be considered spectacular modern blues recordings and on this coast he’s nowhere to be found. Be sure to take this opportunity to see a modern master on his own turf.

Thursday (10/31): The Roots (House of Blues) — If you can’t or don’t want to sneak into the Stones at the Staples Center, make it a hip-hop Halloween with the traveling party, jam session and poetry slam that is the Roots. From their human beatbox ad-libs to their lyrical and mature rhymes, the Roots are among the chosen few hip hop acts that are absolutely and completely worthwhile live, and a great choice for the holiday.

Friday (11/1): One Man Army with U.S. Bombs (Roxy) — I can’t in good conscience send unsuspecting law students to the freewheeling gross-out fest that is the Dwarves at the Troubador, so instead get your punk fix at the Roxy (seems like every town has a Roxy these days) with two of the most durable punk outfits to follow in Tim Armstrong’s bootsteps.

Saturday (11/2): Saves the Day and Ash (Palace) — Two fantastic indie rock bands in one of LA’s more intimate venues, expect a few hours of tuneful fast-moving pop/grunge swirly guitar bliss.

Washington, D.C.

Monday (10/28):
Hothouse Flowers (Ram’s Head Tavern, Annapolis, MD) — Fusing traditional Irish music with a wealth of American influences, the Hothouse flowers are more than just Bono’s protégés. They are, like the ill-fated Pogues before them, a cult band with a wisp of legend about them and a tendency to be a bit hard to come by live. All the more reason, I guess, to see them now.

Tuesday (10/29): Future Bible Heroes (9:30 Club) — Featuring former Harvard student and indie rock auteur par excellence Stephen Merritt (the heart, brains, and magic behind the Magnetic Fields), the Future Bible Heroes are the newest incarnation of Merritt’s growing musical dynasty, with (thus far) each step every bit as impressive as the one before. Early opener Glo-worm is a bonus.

Wednesday (10/30): Flogging Molly and Andrew W.K. (Nation) — Flogging Molly is faux-Irish rock leaning towards punk. And Andrew W.K. is, as one critic noted, “Jock Jams on steroids”…. or Glenn Danzig’s peppy little party brother…or just howling theatrical steakhead mayhem. And certainly, a hell of a lot of fun.

Thursday (10/31): Blues Traveler (9:30 Club) — Yes, it has been a while since “Runaround,” but after the tragic loss of their original bassist and ensuing inevitable hiatus, Blues Traveler has returned leaner, meaner and more focused. Always good live, expect treats, covers and a heartfelt return this Halloween.

Friday (11/1): Rockin’ For the Kids (Lincoln Theater) — This benefit for the Children’s Hospital features a bill that is eclectic to say the least, featuring librarian-songstress Lisa Loeb (who I still contend is cuter than Britney, Christina or any of the other Mouseketeers), original bad girl Joan Jett, a
nd none other than (drum roll)… the mighty, the one, the only…..FOGHAT! Need I say more?

Saturday (11/2): Marshall Crenshaw (Avalon Theater, Annapolis, MD) — The fact that Crenshaw isn’t one of today’s most popular songwriters remains an unsolved crime. Like a reincarnated Buddy Holly, Crenshaw’s pop is note perfect — smart, sensitive, accessible and smooth as all get out. A great sense of humor and an endearing humility round out the package.

Vino & Veritas: The Pennoyer of Wine

BY JOSH SOLOMON

“Never go to France unless you know the lingo,” wrote the English poet Thomas Hood in 1839. A half-century earlier, the French writer Antoine de Rivarol claimed that “[w]hat is not clear is not French.” If speaking of French wine, Hood could not have been more right, nor Rivarol more wrong.

France, the spiritual, if not literal homeland of wine, remains tragically beyond the reach of many American wine drinkers. Indeed, when I first began drinking wine, I simply steered clear of all things French. It was just too complicated and daunting. Then one day I found myself unknowingly complicit in the opening and subsequent wasting (read: dumping out) of a very good, very expensive Bordeaux. Realizing that my continued ignorance threatened more of his fine bottles, the owner of that Château Ausone bought me a book. That little primer took away the mystery and introduced me to the unendingly interesting monde de vin français.

Trying to introduce French wine in the 700 or so words remaining is, of course, a ridiculous undertaking — as likely to confuse, say, as assigning Pennoyer v. Neff as the very first case of 1L fall. But we all survived that. Hopefully, in the long run, this topic will rival the excitement I know you feel for personal jurisdiction.

Perhaps the most important thing to know about French wine is that, with very few exceptions, it takes the name of its region or town: Bordeaux, Burgundy and Sancerre are places, not grapes. This is quite different from American wines, which are usually named for the grape or grapes that predominate. So while we drink American chardonnay, we drink French chablis, though both come from the same grape.

Thus, a good first step for one accustomed to American labels is to learn which grapes correspond to which regions. Here’s a basic primer covering the four kings among the French regions (grapes are in bold):

Bordeaux: If there were kahunas in France, this would be the big one: Bordeaux is perhaps the most prestigious of all French wine. Most of it is red, made primarily from cabernet sauvignon and merlot. Red bordeaux tends to be strong, tannic and firm, and will develop complex flavors with age that defy generalization. Bordeaux’s white wines come primarily from sémillon and sauvignon blanc and include the wonderful dessert wines from Sauternes.

Burgundy: The Burgundy labeling system is extremely complicated and impossible to capture concisely. A few major points are worth noting. To the north is Chablis, from which come wonderful whites, all chardonnay. White Burgundies from elsewhere in the region likewise come mostly from chardonnay grapes. White burgundy, and chablis in particular, tends to be drier, more earthy, and less buttery than American chardonnay. As for reds, most burgundy is made from pinot noir, which makes light-to-medium bodied, somewhat fruity wines.

Rhone: Whereas burgundy baffles with its intricate village naming system, the Rhone confuses with the plethora of grapes that grow there. The vast majority of rhones are red. The reds from the north come from syrah. This dark grape produces full-bodied, tannic wines, that often have a wild feel to them. They are often spicy, and with age can be meaty in taste and feel. White wines from the north come from marsanne, rousanne and viognier grapes. In the south, things get more complicated. The production is almost entirely red. The featured grapes among the many grown there are grenache, syrah and mourvèdre, but many more are often blended in. Unless you get to know a particular maker well, you will often not know for sure exactly which grapes, and in which proportions, produced what you are drinking.

Champagne: You’ve heard of it, and you’ve probably had it on New Year’s Eve. Unfortunately, you may also have had something else fizzy that someone called champagne. All champagne, properly named, comes from Champagne, France. Champagne usually contains chardonnay and (surprising given its usual white color) two red grapes: pinot noir and pinot meunier. You will often see bottles without years (or labeled “NV”), as most champagne is “non-vintage” — a blend of grapes from several years. Beyond not calling anything champagne that isn’t, the most important thing to know about champagne is that it should not be reserved only for celebrations. Champagne makes for the perfect aperitif and even goes well with many dishes. Drink it liberally.

It is, I must admit, somewhat embarrassing to stop here. French wine has so much to offer, and this is necessarily just the barest-bones of an intro. Go forth and explore!

Here are my tasting notes for the week (all prices are from Martignetti’s):

NV Deutz Brut Classic Champagne ($29.99) — Wonderful! It had an earthy, wet-leaves aroma. It was also quite yeasty in smell, and even more so in taste; sweeter than expected, with a chewy mouth feel. Highly recommended!

2000 Domaine Mas du Bouquet Vacqueyras ($10.99) — Not wonderful. Vacqueyras is a small village in the southern Rhone. Like much of the wine from that region, Vacqueyras is a blend of various grapes. Fifty percent, however, must be grenache. This wine had a deep purple color, with an earthy nose that included meat and berries. The nose was more interesting than its taste, which was acidic, tannic, and slightly bitter. In fact, there was not much interesting to its taste — not all that surprising, as my experience is that very young Rhones tend to underwhelm.

1997 Grossot Chablis ($12.99) — The color struck me first: a beautiful golden, almost yellow, hue. It came with a huge buttery aroma. In the mouth, it was quite dry, with flavors of butter and undertones of apple. Because of the color and noticeable buttery taste and smell, this chablis (again, 100 percent chardonnay) will not strike you as being as different from California chardonnays as are many white burgundies. On the whole, a decent choice given its low-for-Chablis price.

Soundtrack of our (flyout) lives

BY ALLISON WHITE

Having survived the OCI juggernaut more or less intact, the average 2L can safely place the heady, angst-drenched on-campus interview process behind himself and look forward to the heady, angst-drenched Flyout Week process. A RECORD columnist who truly cares about his readers would be remiss not to offer suggestions on how to ease the travel tension. Two-Ls, assuming you are not flying on the satellite-TV-at-every-seat JetBlue, you are going to need some entertainment for your week of flight delays, runway waits, and non-movie flights. Thus, it is with quiet modesty in my taste in music that I offer to you My Essential Flyout Week Travel Mix CD.

[I offer these with apologies to Fenno, who will surely be disappointed by a version of “Interview Aspirations’” that suffers from a glaring lack of smitin’ and throat-steppin.’]

“Take the Money and Run” (Steve Miller Band): With Arthur Andersen dead and buried, WorldCom and Enron on life support and Martha Stewart Omnivision desperately seeking some legal antibiotics, corporate law enforcement is surely on the minds of some civic-minded HLSers. For those hearty Eliot Spitzer idealists, I recommend this Steve Miller classic about the pursuit of criminals and restitution for their ill-gotten gains. Essential Lyric: “Billy Mack is a detective down in Texas / You know he knows just exactly what the facts is / He ain’t gonna let those two escape justice / He makes his livin’ off of the people’s taxes.” See also, “I Fought the Law (and the Law Won)” (The Clash).

“All About the Benjamins (Rock Remix)” (Puff Daddy et al.): It’s no secret that, each year, more than a couple of aimless HLS kids head south to New York for no better reason than the promise of $2,403 a week for a summer and God-knows-how-much after that. To them, there is something quietly reassuring in this ode to Mr. Franklin. Essential Lyric: “Now… what y’all wanna do? / Wanna be ballers? Shot-callers? / Brawlers – who be dippin’ in the Benz wit’ the spoilers / On the low from the Jake in the Taurus?” But see “Mo’ Money Mo’ Problems” (Notorious B.I.G.) (“It’s like the more money we come across / The more problems we see.”).

“The Godfather Waltz”: A common criticism of HLS students is that they leave law school having forgotten what brought them to law school in the first place. For those of you who are still working out your Tom Hagen issues, I recommend this one-way ticket to your roots, consigliere. See also, “Woke Up This Morning (Sopranos Theme)”, “Law & Order (Main Title Theme)”.

“Get Together” (The Youngbloods): While some of us feel naturally drawn to litigation practice, I am not one to thrust my own preferences upon members of my audience that are drawn to less confrontational pursuits. For them, may I suggest something a little bit mellow? It is noticeably easier to “Get To Yes” when you’ve got the appropriate soundtrack playing in the mediation room. Essential Lyric: “Come on people now / Smile on your brother / Everybody get together / Try to love one another right now.” For full retro effect, light up some incense and vote McGovern. Litigation types might not go for this one, but that’s why Limp Bizkit still sells records.

“Guerrilla Radio” (Rage Against the Machine): The law market might be tight this year, but there’s always room for a couple of extra entrants into the lucrative field of “Activist Lawyer for a Controversial Political Cause.” Whether you aspire to be The Go-To Guy for Arrested WTO Protestors, or even In House Counsel for a Patch of Threatened Redwood Trees Somewhere Near Portland, you need a soundtrack worthy of your cause. Rage Against the Machine (or its newest incarnation, Civilian, featuring Chris Cornell, ex-Soundgarden) is a safe bet for a charming, if edgy, protest chant. Essential Lyric: “The fistagons / Bullets and bombs / Who stuff the banks / Who staff the party ranks / More for Gore or the son of a drug lord / None of the above fuck it cut the cord.” Those who would like to stick it to The Man/The System/Big Brother but who don’t feel quite as militant are welcome to strike back in their own little ways and start small, by springing street crime perps through the tried-and-true search-and-seizure violation allegation. See, e.g, “New York City Cops” (The Strokes) (“New York City cops / New York City cops / New York City cops / They ain’t too smart”).