INSIDE. Expert on Islamic legal studies joins faculty. Kagan on class action. The role of. proportionality. in framing doctrine.

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1 HARVARD LAW November 2013 CELEBRATION 60! Scores of aumnae reunited at the aw schoo in September to ceebrate what Dean Minow described as the smashing of the Harvard Law Schoo tradition of excusion. Harvard Law Today Harvard Law Schoo 1563 Massachusetts Ave. Cambridge, MA Today LEADERS FOR CHANGE (L-R) Gwen L. Zornberg, Emiy C. Hewett 78, Gwen Aexis 72, Deborah A. Batts 72 and Eeanor D. Acheson were among the 600 aumnae who returned Food Law and Poicy Cinic Groundbreaking report on food abeing reeased Poory reguated and inconsistent abes undermine the intent of abeing. to HLS to ceebrate the 60th anniversary of the first women graduates. ACCORDING TO A NEW report co-written by Harvard Law Schoo s Food Law and Poicy Cinic and the Natura Resources Defense Counci, U.S. consumers and businesses throw out biions of pounds of food every year due to confusion caused by America s food expiration date abeing practices. According to the report, more than 90 percent of Americans prematurey toss food because they misinterpret food abes as indicators of food safety. The study, The Dating Game: How Confusing Food Date Labes Lead to Food Waste in America, is a first-of-its-kind ega anaysis of federa and state aws reated to date abes across a 50 states and presents recommendations for a new system for food date abeing. For the vast majority,6 INSIDE 2 Expert on Isamic ega studies joins facuty 3 Kagan on cass action 6 The roe of in framing doctrine 7 proportionaity Dershowitz refects on his 50-year career 8 A new view for the Harvard Law Review Nonprofit Org. U.S. Postage PAID Boston, MA Permit No Justice Breyer ceebrates 20 years on the Court Longtime jurist expains inner workings of Supreme Court WE RE NOT THERE TO MAKE SOME THEORY ABOUT SOMETHING. WE RE THERE TO DECIDE CASES. THAT S THE JOB. Justice Stephen Breyer 64 NEVER LET IT be said that a U.S. Supreme Court justice doesn t keep his work cose to his heart. During a unchtime question-and-answer session at Harvard Law Schoo on Oct. 1, Justice Stephen Breyer 64 reached into his jacket pocket and pued out a sma white booket. This is a great document, the Constitution of the United States, said Breyer. It s a fabuous document. I don t know how they wrote it. It s brief. It has genera principes. Fabuous. Breyer visited his ama mater and former empoyer to have an informa chat with HLS Dean Martha Minow and to take a handfu of questions from students. Back on campus to ceebrate the 20th anniversary of his appointment to the high court, he aso took part in a pane discussion ater in the day with severa HLS professors who examined his tenure and some of his most notabe opinions. During the afternoon session, one woman asked a question many students in the crowd were ikey wondering: What does it take to become a Supreme Court cerk? The answer: a ot of work. There are roughy 8,000 cases pointed toward the Court each year, said Breyer, who broke down some of the C ourt s interna workings. Four aw cerks for each justice review the cases and write detaied memos about each petition. The justices then review those memos and choose which ones to hear in a process that requires four votes to grant a writ of certiorari, or judicia review. The fina ist typicay incudes about 80 cases. Contrary to what some peope think, the justices decisions on which cases to hear aren t based on how much fun they think a case might be, said Breyer. Our rea object is to decide in those cases that require a uniform federa decision, which amost aways is where the > 7 Lega schoars discuss Breyer s greatest opinions. ower courts have come to different concusions on the same question of federa aw, he said. Mechanics pay an important roe in the seection of cases and the decision process, said Breyer. We re not there to make some theory about something. We re there to decide cases. That s the job. WATCH VIDEO bit.y/breyer20_2013

2 BRIEFS Trust and credibiity depend on the appearance of fairness and accountabiity Barron nominated to U.S. Court of Appeas Harvard Law Schoo Professor DAVID BARRON 94, an expert in administrative aw and the separation of powers, was nominated to the United States Court of Appeas for the 1st Circuit by President BARACK OBAMA 91 in September. Barron served as acting assistant attorney genera in the Office of Lega Counse, where he had a eading roe in reviewing and writing ega poicy about the confict with A Qaeda and on domestic issues, incuding how the TARP baiout fund shoud be used. Bumentha on the surveiance court On Aug. 8, the same day that news outets reported additiona reveations regarding the scope of information gathered by the Nationa Security Agency, U.S. Sen. RICHARD BLUMENTHAL (D-Conn.) deivered an address at HLS, on proposed egisation to reform the Foreign Inteigence Surveiance Court. Bumentha stressed his deep respect for the inteigence agencies and institutions whose work has saved American ives. But, he warned, trust and credibiity depend on the appearance of fairness and accountabiity, and my fear is that some of those agencies and institutions are in peri of osing it. Former FCC chair teaching at HLS, HBS JULIUS GENACHOWSKI 91, who served as chair of the Federa Communications Commission from 2009 unti May 2013, is teaching a course, Running a Federa Agency: Lessons from Business, Technoogy and Game Theory, to Harvard Law Schoo and Harvard Business Schoo students this fa. Whie at the FCC, Genachowski focused on uneashing the opportunities of wired and wireess broadband, successfuy pursuing poicies to promote investment and job creation, drive innovation, foster competition, and empower consumers. Tumbr makes appearance before the Court Professor LAWRENCE LESSIG submitted a Tumbr page to the Supreme Court as an appendix to an amicus brief. The case, McCutcheon v. Federa Eection Commission, focuses on whether aggregate imits on donations to campaigns are constitutiona, in the same vein as the Citizens United decision. Lessig created the bog to aggregate his survey of how the framers of the U.S. Constitution used the word corruption, highighting that the framers used the word in a different, more incusive way. Lessig s Tumbr, the first that has ever been submitted in a Court brief, can be seen at ocorruption.tumbr.com. IHRC Report: Nepai war victims need hep Seven years after the end of Nepa s armed confict, civiian victims are sti strugging in the absence of effective hep from the government, according to a September report by HLS s Internationa Human Rights Cinic. A government reief program, set to end in 2014, has faied to deiver sufficient services and support, according to the report. Co-written by Lecturer on Law BONNIE DOCHERTY 01, the report documents Nepai victims cas for financia and in-kind assistance as we as justice and truth after a decadeong confict between government and Maoist forces. Raph Nader 58 hosted the first annua Shake Em Up HLS event at HLS. Keynote speakers incuded Ramsey Cark, Jeffrey Cements, Bruce Fein, Karen Ferguson 65 and Arthur Mier. Richard Bumentha David Barron 94 Bonnie Docherty 01 Juius Genachowski 91 The rue of aw is being massivey distorted by the rue of power, according to RALPH NADER 58, who hosted a dayong conference at HLS on Oct. 24. The event featured a dozen speakers who said they want awyers and aw schoos to do more to address inequaities in access to justice. It s very important for there to be a churning, a perturbation, a wave-making at every aw schoo. There are exampes in the history of HLS where organized, knowedgeabe, persistent students who ask good questions about aw and justice can make change, he said. HEATHER SZAFRAN Expert on Isamic ega studies to join facuty INTISAR A. RABB, A LEADING EXPERT on Isamic aw and ega history, wi join the facuty of Harvard Law Schoo beginning in the spring of 2014, with an appointment as a tenured professor of aw. Rabb is currenty associate professor of Midde Eastern and Isamic studies and aw at New York University Schoo of Law. At HLS, she wi be a facuty director of the Isamic Lega Studies Program. In 2012, Rabb served as a visiting associate professor of aw at Harvard. In 2010, she was named a Carnegie Schoar for her research on Isamic Law and Lega Change: The Interna Critique, which examines crimina aw reform in the Musim word. Rabb hods a Ph.D. and M.A. in Near Eastern studies from Princeton University, a J.D. from Yae and a B.S. from Georgetown University. She was a aw cerk to the Hon. Thomas L. Ambro of the U.S. Court of Appeas, 3rd Circuit. Her pubications incude The Burden and Benefit of Doubt: Lega Maxims in Isamic Law (forthcoming); Law and Tradition in Cassica Isamic Thought, co-edited with Michae Cook, Najam Haider and Asma Sayeed; and Qādī Justice: Courts and The Administration of Justice in Eary Isamic Law and Society (Cambridge University Press, under contract). HARVARD LAW TODAY Assistant Dean/Chief of Communications ROBB LONDON 86 Editor CHRISTINE PERKINS Managing Editor LINDA GRANT Design Director RONN CAMPISI Contributors LANA BIRBRAIR 15, SOPHY BISHOP, DICK DAHL, CAROLYN KELLEY, EMILY NEWBURGER, LORI ANN SASLAV, COLLEEN WALSH/ HARVARD GAZETTE, KIM WRIGHT Intisar Rabb, who wi join HLS as a tenured facuty member, wi aso serve as a facuty director of the Isamic Lega Studies Program. Editoria Office Harvard Law Today 1563 Massachusetts Ave. Cambridge, MA today@aw.harvard.edu Send change of address to Aumni Records 1563 Massachusetts Ave. Cambridge, MA aumrec@aw.harvard.edu Voume 13 Number 1 Harvard Law Today is pubished by Harvard Law Schoo 2013 by the President and Feows of Harvard Coege

3 Kagan: Court is changing our itigation system in unfortunate ways IN A C ONVERSATION WITH DEAN MARTHA MINOW IN eary September, Supreme Court Justice ELENA KAGAN 86 refected on her career and her current roe on the Court. Minow noted that severa cases each term garner tremendous nationa and internationa attention. When asked which cases she beieves deserve more pubic attention, Kagan repied that there are important cases every term in which big matters are being decided and which may be eading to divided decisions. I wrote a coupe of dissenting opinions this term on cases invoving cass itigation, cass actions, said Kagan. I think the Court is doing some big things regarding how civi itigation is conducted in America and things which reay affect the abiity of peope without a ot of money to bring awsuits to vindicate their ega rights, that are changing our itigation system in ways that I think are unfortunate and are not supported by the aw that s out there. I wish that that got more attention. WATCH VIDEO bit.y/kagan2013 EPA administrator deivers inaugura address at Harvard Less than two weeks after being confirmed by the Senate as Environmenta Protection Agency administrator, GINA MCCARTHY deivered an inaugura address at Harvard Law Schoo on Juy 30. McCarthy, who was the assistant administrator for EPA s Office of Air and Radiation during President Obama s first term, has payed a key roe in the administration s efforts to address cimate change. She previousy served as the commissioner of the Connecticut Department of Environmenta Protection. WATCH VIDEO bit.y/mccarthy2013 AMES 2013 Presiding over the fina round Supreme Court Justice Ruth Bader Ginsburg (center) presided over the fina round of the Ames Moot Court Competition on Oct. 23. She was joined by Judge Merrick B. Garand 77 of the U.S. Court of Appeas for the District of Coumbia Circuit and Judge Iana Diamond Rovner of the U.S. Court of Appeas for the 7th Circuit. Deconstructing the Court s decisions IN THE SPRING, THE U.S. SUPREME COURT SAVED a trio of critica ruings invoving same-sex marriage, voting rights, and affirmative action for the fina days of its term, and the repercussions from those decisions are sti paying out. During a uncheon discussion on Sept. 26 moderated by Dean Martha Minow, four of the schoo s constitutiona PETITIONER: Martin D. Ginsburg Memoria Team Gerard Justin Cedrone, oraist Jeremy M. Feigenbaum Caitin Hapern Wookie Kim Ashwin Phatak, oraist Jiian Sheridan Stonecipher WATCH VIDEO bit.y/ames2013 RESPONDENT: BEST OVERALL TEAM, BEST BRIEF Constance Baker Motey Memoria Team Nikoas Bowie, oraist Aison Deich Dena Haibi Lucas Issacharoff Andrew Rohrbach BEST ORALIST Kye Wirshba experts, Professors MICHAEL KLARMAN, CHARLES FRIED, TOMIKO BROWN-NAGIN, and Visiting Professor JUSTIN DRIVER 04, deconstructed the decisions and offered the audience their thoughts on the Court s ruings. WATCH VIDEO bit.y/upremecourt2013 Addressing team finaists, Judge Iana Diamond Rovner, said, I fee so privieged to have been here with Justice Ginsburg and Judge Garand and to know that the aw wi ive on in such capabe and abe hands, and for that, I reay, reay thank you. CAN WE STOP TALKING ABOUT ENVIRONMENTAL REGULATIONS KILLING JOBS, PLEASE? WE NEED TO EMBRACE CUTTING EDGE TECHNOLOGY AS A WAY TO SPARK BUSINESS INNOVATION. Gina McCarthy KRIS SNIBBE/HARVARD UNIVERSITY November 2013 Harvard Law Today 3

4 Dean Minow: We re a sisters in aw For Ceebration 60, more than 600 aumnae reunite A YEAR AFTER Christopher Coumbus Langde assumed the deanship of Harvard Law Schoo in 1870 with the promise of making the schoo competitive and meritocratic, the first woman appied for admission. Heen Sawyer, a 27-yearod New Hampshire resident, wrote: I trust that under the present ibera tone of Harvard, my sex wi pose no misfortune for me. The Harvard Corporation debated her request over two meetings but utimatey rejected her. For 80 years, the aw schoo continued to bar women appicants, unti, in 1950, 14 women were granted admission to Harvard Law Schoo. This fa, Harvard Law Schoo hosted more than 600 aumnae back on campus, incuding severa members of the pioneer Cass of 1953, as part of Ceebration 60, a reunion event to mark the 60th anniversary of the first women graduates. The three-day event, which was hed Sept. 27 to 29, ceebrated what Dean Martha Minow described as the smashing of the Harvard Law Schoo tradition of excusion. The event was part of a wordwide women s 1 eadership summit of Harvard Law Schoo aumnae, tited Leaders for Change Women Transforming Our Communities and the Word. ASIA KEPKA 2 ALUMNAE REUNITE 1 (L-R) Vernā Bigger Myers 85, Tracy R. Brown 85, Dean Martha Minow, Aison Dreizen 77, Deborah Branch 85 and Juanita C. Hernandez 85 gather for a Ceebration 60 group photo. 2 A pane discussion on My Briiant but Unusua Career drew a standing-room-ony crowd. (Pictured) Brande Steings 93, vice president, Corporate Board Services; Caroyn Edgar 93, vice president and ega counse, The Estée Lauder Companies; and Susan Estrich 77, partner, Quinn Emanue Urquhart & Suivan and professor of aw at the University of Southern Caifornia. Other paneists were Sarah Hurwitz 04, speechwriter; Lucy Koh 93, U.S. District Court judge; Sida Wa Spitzer 84, principa, NewWord Capita Group; and Jamienne S. Studey 75, president & CEO, Pubic Advocates Inc. (8) 3 THE POWER OF INTROVERTS 3 Susan Cain 93, author of the New York Times best-seer Quiet: The Power of Introverts in a Word That Can t Stop Taking, gave a keynote speech on how to transform the way awyers innovate, ead and teach. 4 Harvard Law Today November 2013

5 JUSTICE RECOGNIZED 5 Justice Ruth Abrams 56, the first femae justice of the Massachusetts Supreme Judicia Court, praised the progress the aw schoo has made in diversifying its student body, facuty and curricuum since the eary 1950s, when, she said, women students were marginaized. Harvard is a very infuentia institution. For them to treat women in this way meant the word coud treat women this way. The 60 years that have passed have meant that women, by gaining acceptance here, have gained more acceptance in the working paces of the word. Professor Wikins emphasized the need for research in the changing ega profession. 4 6 INTERNATIONAL ACCLAIM 4 Zia Mody LL.M. 79, founder and senior partner of AZB & Partners in India, received a Ceebration 60 award. 6 (L-R) Judges Kimbery Budd 91 and Denise Jefferson Casper WE BUILD A GIANT PIPELINE OF IDEAS AND IT BECOMES WHO WE ARE, AND IT PAYS OFF FOR US FINANCIALLY. WE MAKE THESE INVESTMENTS IN RESEARCH BECAUSE IT S HOW WE BUILD A VIBRANT FUTURE. Sen. Eizabeth Warren The democratization of ega knowedge Lawyers from around the word gathered at HLS on Oct. 9 for a pane discussion on the future of the goba ega profession. Hosted by the Program on the Lega Profession, the event was part of the Internationa Bar Association s 2013 Annua Conference, hed this year in Boston. The HLS session was tited Preparing for the Future Changes in Structures, Technoogy & Reguation. David Wikins 80, vice dean for Goba Initiatives on the Lega Profession, deivered the keynote address. In recent years, he stated, profound changes have atered the nature of the goba ega profession, incuding the gobaization of economic activity, the rise of information technoogy, and the burring together of traditiona categories of knowedge and organization, such as business and aw or the pubic and private sectors. These things are reshaping the word, so why won t they reshape us? asked Wikins. PIONEERING WOMEN cassmates (L-R) Ann Pfoh Kirby, Charotte Horwood Armstrong and Judge Sondra Mier. The Ceebration of Women reunion event has been a tradition at Harvard Law Schoo since the first reunion was hed in 1978, 25 years after the first fourteen pioneering women attended HLS. 8 (L-R) Judge Karen Neson Moore 73 and Judge Patti Saris 76 took part in a pane discussion on Women in the Judiciary moderated by HLS Professor of Practice Nancy Gertner. Judges Cynthia Aaron 84, Christine Argueo 80, Fernande Nan Duffy 78 and Wihemina Wright 89 7 were aso on the pane. 8 The IBA event attracted hundreds of participants from around the word. (3)

6 U.S. constitutiona aw woud benefit from greater carity about and greater use of the principe of proportionaity that has been eaborated around the word. VICKI JACKSON Proportionaity and Judging in American Constitutionaism Vicki Jackson marked her appointment to the Thurgood Marsha Professorship of Constitutiona Law with an Oct. 3 ecture tited Proportionaity and Judging in American Constitutionaism. In her introduction of Jackson, Dean Martha Minow said, What an enormous thri that the very first hoder of this chair, named for Supreme Court Associate Justice Thurgood Marsha, is one of his former cerks. In the years since that cerkship, Vicki has buit a remarkabe career as one of the eading experts in the word in comparative constitutiona aw, federaism, and gender and the aw. Vicki brings meticuous care, thoughtfu engagement and fresh perspective to everything she does. In her ecture, Jackson connected Justice Marsha s signature positions in favor of a more fexibe approach to standards of review and equa protection caims with a growing internationa iterature on proportionaity. Using cases from the U.S. and abroad, Jackson argued that U.S. courts shoud give greater recognition to the roe of proportionaity in framing doctrine, and shoud be open to revised understandings, particuary in cases decided under the Fourth and Eighth Amendments. Reprising to some extent oder debates about rues, standards, and baancing, and in ight of this new iterature, she said, I argue that U.S. constitutiona aw woud benefit from greater carity about and some greater use of the principe of proportionaity that has been eaborated around the word. Prior to joining the HLS facuty in the summer of 2011, Jackson served as the Carmack Waterhouse Professor of Constitutiona Law at Georgetown University. In December 2012, she was appointed amica curiae in United States v. Windsor, the andmark case that chaenged the constitutionaity of the 1996 Defense of Marriage Act. At the Court s request, Jackson argued that the Court acked jurisdiction. In addition to her academic career, Jackson was a partner at the Washington, D.C., firm Rogovin, Huge & Lenzner and served as deputy assistant attorney genera in the Office of Lega Counse at the U.S. Department of Justice from 2000 to She was co-chair of the Specia Committee on Gender of the D.C. Circuit Task Force on Gender, Race & Ethnic Bias, a member of the D.C. Bar Board of Governors, and active in many other civic, awreated organizations. Jackson s most recent book, Federaism: A Reference Guide to the United States Constitution, with co-author Susan Low Boch, was pubished by Praeger in September. Jackson has written two books with HLS Professor Mark Tushnet: Comparative Constitutiona Law (2006) and an edited coection of schoary essays, Defining the Fied of Comparative Constitutiona Law (2002). The Thurgood Marsha Professorship was founded with an anonymous donation of $10 miion in honor of Professor Laurence Tribe 66. Upon his retirement from the facuty, the position wi become the Laurence H. Tribe Professorship of Constitutiona Law. WATCH VIDEO bit.y/ VJacksonchairecture2013 BROOKS KRAFT Navigating the Affordabe Care Act Cinic students deveop workbook Figuring out the best heath care pan to buy before the January 2014 start date of the new insurance pans being offered under the Patient Protection and Affordabe Care Act isn t easy. But for peope iving with HIV/ AIDS and other chronic heath conditions, finding the optima pan for their needs is a ot easier, thanks to a new assessment too created by Cinica Professor Robert Greenwad and others at the HLS Center for Heath Law and Poicy Innovation. The ony guide of its kind, the Marketpace Heath Pans Assessment Workbook is in particuary high demand by AIDS service organizations and others who work with and advise owincome peope. The feedback we re getting from a over the country is, Thank goodness you did this, says Greenwad, who has received a number of grants to train peope and organizations across the country in how to use the workbook. The center is focusing especiay on states that have chosen not to expand Medicaid, where comparing private insurance pans becomes even more pressing for owincome, uninsured peope iving with iness or disabiity. Six HLS students in the center s Heath Law and Poicy Cinic are working on the project this semester, and wi be traveing to Mississippi, Georgia, and other states to hep AIDS organizations and others assess the heath pans in their regions and compare them for what they offer. FOOD LAW 5 from page 1 of food products, manufacturers are free to determine shef ife dates according to their own methods. The report finds that the confusion created by this range of poory reguated and inconsistent abes eads to resuts that undermine the intent of the abeing, incuding fase notions that food is unsafe, costs due to consumer confusion and misinterpretation of Confusing food date abes ead to food waste Emiy Broad Leib, director of the Food Law and Poicy Cinic, discussed the report s findings with dozens of media outets. abes, costs due to business confusion at supermarkets and other outets, and mass amounts of wasted food. The report recommends that food producers and retaiers begin to adopt severa changes to date abes vountariy, but government steps, incuding egisation by Congress and more oversight by the FDA and the USDA, shoud be considered as we. Vountary changes incude making se by dates invisibe to consumers, as they indicate business-to-business abeing information and are mistakeny interpreted as safety dates; estabishing a more uniform, easiy understandabe date abe system; and increasing the use of safe handing instructions and smart abes that use technoogy to provide additiona information on a product s safety. 6 Harvard Law Today November 2013

7 LOOKING BACK Dershowitz on his retirement : It s rare to have a profession where you can have such continuing infuence. PROFESSOR ALAN M. DERSHOWITZ is retiring at the concusion of the fa semester, and on Oct. 7 the schoo hosted a ceebration of his 50-year career with an afternoon of panes recognizing his accompishments and the infuence he s had on aw, teaching, schoarship and society. Participants incuded current and former coeagues and students, judges, and ega anaysts. Whie the event focused argey on Dershowitz s many contributions to academia, aw and society, it aso provided paneists with opportunities to offer persona recoections. As a member of a pane examining Dershowitz s infuence on the aw, Boston crimina-defense awyer Martin Weinberg 71 recaed coming to HLS as a first-year student in 1968, during the Vietnam War and a time of deep socia unrest, intent on being a tria awyer who woud fight against the government but finding itte support in the aw schoo to guide him in meeting his professiona goa. In 1968, there was no Gertner, no Ogetree, he said. Aan was the singe roe mode, the mentor, the odestar for those of us who came not to be Wa Street awyers but to be tria awyers and to earn how to defend peope s iberty. Boston crimina-defense and civiiberties awyer Harvey A. Sivergate 67 had a simiar tae to te, describing what it was ike to be a first-year student at HLS in 1964, the same year Dershowitz came to Harvard at age 25 WATCH VIDEO bit.y/ Dershowitzpane2013 as the youngest associate professor in the schoo s history. Sivergate reated that he d grown somewhat disenchanted with aw schoo and thought about quitting so that he coud pursue a career in journaism, but Dershowitz dissuaded him and put him in touch with a weknown Boston crimina-defense awyer who gave him a research job. Sivergate oved the job and set his sights on becoming a tria awyer. A second pane focused on Dershowitz s cassroom work, which he has aways maintained is his highest professiona priority. Joe B. Poak 09, a former student of Dershowitz s who is now editor-in-chief and in-house counse at the conservative Breitbart News, said that Dershowitz has aways enjoyed support from conservative students. I think the fact that Aan s students run that spectrum is a testament to how passionate he is about teaching, how effective he is teaching, and refects his enthusiasm for chaenging students to form arguments that are different from those we re used to, to consider aternative points of view, to Aan was the odestar for those who came not to be Wa Street awyers but to be tria awyers and defend peope s iberty. move beyond taboo and think about what our true beiefs are, he said. Another pane examined Dershowitz s roe as a pubic inteectua, incuding his work as ega commentator on teevision. Teevision journaist Gerado Rivera, who has a J.D. from Brookyn Law Schoo, credited Dershowitz with creating a new profession: awyer as teevision pundit, Rivera said. He was the first, and he was the best, of a the TV awyers. Jeffrey Toobin 86, staff writer at The New Yorker and senior ega anayst for CNN, picked up on Dershowitz s invovement in the Simpson case as a watershed. The O.J. Simpson case was such a tremendous earning experience for the country, he said. Aan was such a wonderfu spokesman for just what the rues are and how you can t just disike somebody in order to convict them of a crime ike that. Even though I disagreed with the verdict in the case, I thought Aan did a tremendous pubic service and has aways done a tremendous pubic service, particuary on teevision. Throughout the ceebration, Dershowitz ended each pane with comments of his own and concuded with an assessment of which eement of his career has brought him the most satisfaction. It s teaching, he said. The thing that makes teaching so amazing is that I m teaching students today who wi be infuencing the word 50 years from now. It s rare to have a profession where you can have such continuing infuence. (3) Lega schoars discuss Breyer s Greatest Opinions IN HONOR OF JUSTICE STEPHEN BREYer s 20th year on the Supreme Court, Harvard Law Schoo facuty gathered on Oct. 1 to discuss some of his most notabe written opinions. Breyer, who earier in the day participated in a Q-and-A session with Dean Martha Minow, attended the pane discussion and shared insight into his thought process. HLS Professor John F. Manning kicked off the discussion, describing Breyer as the quintessentia ega process judge in an era when textua interpretation is more popuar among many of the justices. Professor Martha Fied refected on Breyer s dissenting opinion in Hoder v. Humanitarian Law Project, a case on the government s prohibition of materia support of terrorism, and an appication of that to peacefu activities of human-rights organizations. Professor Mark Tushnet focused on Breyer s opinions on free speech. Other facuty paneists incuded I. Genn Cohen 03, Chares Fried, Todd Rakoff 75, Cass R. Sunstein 78 and Laurence Tribe 66. Each facuty member contributed an essay on Breyer s written opinions for a commemorative book pubished in honor of the justice. Breyer procaimed his appreciation that aw professors carefuy read his opinions, as sometimes it seems the decisions go into thin air after their reease. You ve obviousy put thought into this and it s very hepfu, he said, acknowedging the importance of the arger circe of feedback from judges, attorneys, professors and aw students. WATCH VIDEO bit.y/breyer20_2013 En banc review: (L-R) Professors Todd Rakoff, Genn Cohen, Martha Fied, and Laurence Tribe An a-star pane of Harvard Law professors anayzed Justice Breyer s most notabe opinions.

8 A NEW VIEW Architectura pans, circa 1907, ocate Gannett House at the corner of Homes Pace and Massachusetts Avenue. Everything od is new again GANNETT HOUSE, THE OLDEST SURVIVING BUILDING ON HARVARD LAW SCHOOL S CAMPUS, UNDERWENT A MAJOR TRANSFORMATION THIS YEAR. HLS HISTORICAL & SPECIAL COLLECTIONS ABOUT FACE Gannett House, 1931 (eft), faced south toward Harvard Square. The house was rotated 90 degrees to the east in 1938, on its 100th birthday, as part of a proposed ma that was never buit. THE OLDEST SURVIVING BUILDING ON HARVARD LAW Schoo s campus underwent a major transformation this year. Gannett House, the porticoed Greek Reviva structure that has housed the Harvard Law Review since the 1920s, has been brought into the 21st century. Beginning in December 2012, construction crews gutted and redesigned the buiding s interior to accommodate an eevator, centra air and heating systems, a reconfigured eectrica system, and redesigned office space on the first and second foors. The buiding aso now has a new roof and new windows. Designed by Samue Wiiam Pomeroy, the buiding, buit in 1838, sits on the site where 1,200 Continenta troops assembed on the night of June 16, 1775, before marching to Bunker Hi. The aw schoo purchased the buiding in 1897 for $35,000 and named it in memory of the Rev. Caeb Gannett, an 18th- century steward of Harvard Coege. A variety of residents have occupied the house over the years. From 1906 to 1923, students rented rooms for $125 to $250 a year. Amenities incuded a cod-water tap in the basement, avaiabe at no extra charge, and a firepace in each room, athough students were expected to carry their own firewood. During Word War II, the Nava Sonar Laboratory took over Gannett House and Hemenway Gym for four years and connected the buidings with a covered eevated passageway. In 1938, at its 100th birthday, the buiding, which originay faced south toward Harvard Square, was rotated 90 degrees to the east, as part of a proposed ma that was never buit. An origina wing at the back of the buiding was torn down, and the present west entry facing Massachusetts Avenue was designed. After the first and second foors were remodeed in 1925, the buiding housed the Harvard Law Review, the Harvard Lega Aid Bureau, the Board of Student Advisers and the secretary of the aw schoo. Gannett House was ast renovated in the eary 1980s, when the basement, described in a Spring 1981 Harvard Law Buetin artice as a rabbit warren of itte spaces, was reorganized to accommodate a arger shipping department. In a 1987 essay, The Harvard Law Review Gimpses of Its History as Seen by an Aficionado, former Dean Erwin Griswod LL.B. 28 S.J.D. 29 wrote: Gannett House is perhaps the most intensey used buiding in the aw schoo. It was crowded when I knew it with thirty-five members of the aw Review Board. How the present administration operates, with a Board of more than eighty members, has ong been beyond my comprehension. RECONFIGURED The buiding s interior was redesigned to accommodate an eevator, centra air and heating systems, and reconfigured office space. The home s origina staircase was eft intact. Photographs by Brooks Kraft 8 Harvard Law Today November 2013