Toby’s blog

Being a good law professor may have nothing to do with being a good lawyer. In fact, increasingly, most law professors have never worked a day at a law firm. “Twenty-five years, ago,” began HLS Professor Daryl Levinson, in front of a group of HLS students, “traditional indicia of good law professors were high grades in law school, law review memberships, clerkships, and significant practice experience.” These days, such factors are less important as law schools have been putting greater emphasis on successful scholarship among their faculty. “Compared to the quality of writing,” said Levinson, “all other credentials are virtually irrelevant.”

“The most important things we do as professors are scholarship and teaching,” said Levinson. Thus, what determines one’s success in academia nowadays is one’s proven (read: published or publishable) and potential ability to write. “Further, it’s very difficult to make a transition from the real world to academia with this new desired quality,” added Levinson. “Not surprisingly, the credential of choice is a graduate degree, preferably PhD, in another field such as Economics or English.” In other words, methodological expertise in a specific field that has yielded a student the opportunity to publish is an immediate advantage. “Certainly, it’s not necessary to have a PhD… law schools are looking to hire competent lawyers from ‘fancy’ law schools; those who have made progress in a specific field and are familiar with the associated scholarly literature; and those with research agendas.”

So, what can one do while still in law school, you ask? “In addition to getting good grades, which never hurts, the most important thing you can do is to form a close relationship with at least one faculty member by volunteering as a research assistant, doing an independent study, or taking small classes.” In addition, Levinson urged students to write reaction papers and summaries and to look for opportunities to read lots of scholarship in the form of law journals and to look to material with which they disagree. “This is crucial to how you form your ideas,” explained Levinson.

Subsequent to law school, Levinson described a typical path for law professor candidate. “Most students do clerkships and fellowships, which are designed for those who want to be legal academics in that they give you the space and institutional support to do your own work.”

Jessica Corsi is a 2L who spent her summer working for the Document Center of Cambodia (DC-CAM) doing legal research.

Audio Slideshow: (6:26)

“I was in Phnom Penh, Cambodia for 3 months, working for the Documentation Center of Cambodia (DC-Cam, www.dccam.org ). I conducted legal research and wrote a paper on the role of the Co-Investigating Judges at the Extraordinary Chambers in the Courts of Cambodia (ECCC/the Khmer Rouge tribunal). The ECCC was set up by a treaty between Cambodia and the UN, to try the “senior leaders and those most responsible” for the estimated 1.7 million deaths that occurred during the Khmer Rouge leadership (1975-79).

I interviewed various national and international ECCC personnel; national lawyers from the bar association, courts, and NGOs; and one French judge who drafted Cambodia’s new criminal procedure code. The interviews have been extremely informative, as have the sources (books, articles, etc) that the attorneys have suggested to me.

In addition to writing and researching, I attended various NGO forums focusing on the ECCC and attended many lunches, coffees, dinners etc with legal workers here to pick their brains on my topic. I chose this organization because it is the first UN-backed court of its nature (trying genocide, crimes against humanity, and other crimes) to include the French inspired investigating judge in such an important pre-trial capacity.”

I’ve also traveled with my NGO to provinces around Cambodia; and traveled to Bangkok and Burma (one week) on my own.

Joint JD-PhD student and member of HLS-ACLU, Melanie Penny, reported back to us about a recent event:

“Ramona Ripston, Executive Director of the ACLU of Southern California for nearly 35 years, addressed students on October 18, 2007 on the effects of economic inequality on the exercise of civil liberties. Ms. Ripston contended that poverty robs many Americans of their ability to realize their formal Constitutional rights, and argued for considering poverty as a protected class in order to more adequately address the civil and political disparities arising from varied forms of socioeconomic inequality.

“The Southern California branch is the most active ACLU affiliate, and they have been the first to actively engage issues of economic inequality. Ms. Ripston’s talk focused on two major projects on this topic that her office has pursued–the Williams v. California case which accused the State of California of denying education to poor and minority students due to the inferior conditions in schools serving this population, and Jones v. Los Angeles which alleged that arresting homeless individuals for sleeping on the street constituted cruel and unusual punishment given the shortage of space in local shelters. Both of these cases represent efforts to expand the traditional rights afforded these populations, and resulted in settlements in favor of the ACLU.”

The HLS-ACLU was re-established in 2005 to advance issues of civil liberties and constitutional law. The chapter collaborates with the Massachusetts affiliate on legal research, legislative advocacy, and community education initiatives. The chapter also aims to promote awareness of civil liberties on the Harvard campus, including such issues as free speech, racial and ethnic justice, religious freedom, women’s and reproductive rights, and equality for underrepresented populations. Throughout the year, the organization hosts speakers and debates on campus and sponsors events within the larger Boston community.

As as organization dedicated to addressing such pressing children’s issues as child welfare and juvenile justice, Child and Youth Advocates seeks to heighten awareness and encourage student involvement with child advocacy groups around Boston. Admissions staffer Julia Foresman sat down to chat with CYA leader Erika Bekeny.

Podcast: Erika Bekeny (5:26)

Recently, the Program on Negotiation hosted social psychology professor, Lee Ross, in a discussion on naïve realism as a barrier to dispute resolution. Traditionally understood as a ‘common-sense’ way of understanding human perception on an individual level, naïve realism has been interpreted by Professor Ross as a bias of human inference. He has applied this theory to explain the difficulty in resolving the Arab-Israeli conflict and with his own participation in the public peace process of Northern Ireland. “Naive realism not only gives rise to social misunderstanding and conflict, it also create barriers to successful negotiation and dispute resolution,” he said.

“Essentially, we can’t divorce ourselves from our own take on reality,” explained Ross. By way of introducing naïve realism, Ross posed three ‘dangerous’ convictions, in the first-person, that serve as the cornerstones of the theory. First, “I see others as they are, objectively and free from distortion”; second, “Other fair-minded people share my views provided they have the same facts as I”; third, “If others do not share my views, they have not been given all the facts, or they’re too lazy or simplistic, or they’re biased by their own self convictions.” These tenets apply to the perceptions and feelings that shape the experiences that underlie one’s understanding of universal truths. “At any moment,” said Ross, “you believe your understanding is the best, most complete understanding there is.”

To illustrate the implications of naïve realism, Ross presented the findings of research that suggested that people expect their peers to be less objective and more self-serving than they are in matters of self-interest. For instance, Stanford undergraduates, when asked to complete a survey about their positions on national issues and the merits of figures ranging from Hillary Clinton to Dick Cheney and then compare the degree of similarity of their responses to those of other students, the results reflected that students thought their own attitudes reflected normative considerations to a greater degree than their peers. “There is essentially a linear relationship here among those who identify their opinions and the opinions of those who agree with them as rationally correct,” said Ross.

In addition to objective biases, judgmental overconfidence plays a large role in naïve realism. “People are wildly overconfident in general about their estimates,” explained Ross. Other factors that influence naïve realism are undue optimism about one’s ability to persuade, and perceptions of media and mediator bias. Ross called President Bush a naïve realist, pointing to a time where he convened an unsuccessful meeting of multi-generational political dignitaries that included Madeleine Albright and Robert McNamara, all of whom opposed his Iraq policy, to persuade them of his view on the issue.

The Abigail Adams Society is a student organization committed to bringing together all women–particularly moderates, conservatives, and libertarians–to discuss their views and ideals. At present, the group is also working to increase the range of dialogue on campus to offer alternatives to modern liberal feminism. Admissions staffer Julia Foresman sat down with the head of the organization.

Podcast: Allison Rone, 2L (7:14)

For anyone interested in studying and pursuing human rights and humanitarian law at HLS, opportunities are fast on the rise, according to a recent alumna. “When I was a student here, there weren’t many ways to get involved in human rights law,” said guest speaker Naz Modirzedah, HLS ‘02, who manages the International Humanitarian Law and Middle East portfolios as a Senior Associate at the Program on Humanitarian Policy and Conflict Research (HPCR). Now, with the creation and expansion of the Harvard Human Rights Clinical Program, the growth of internship networks through the Office of Public Interest Advising and student organizations like Advocates for Human Rights, students have access to a wealth of resources.

Created in 2000 as a joint project of the Harvard School of Public Health, the Swiss government, and the Office of the UN Secretariat, HPCR has worked to broaden its scope from its initial commitment to international humanitarian law to human security and conflict management.

Modirzedah, who previously worked for Human Rights Watch, and later served as Assistant Professor and Director of the International Human Rights Law MA Program at the American University in Cairo, has sought to bridge academic debate with policy implementation. “Our job is to figure out which compelling debates to pursue and what issues pose the greatest challenges to humanitarian law… when we write a policy brief, we’re thinking about how it should be addressed at the senior decision-making level.”

When asked about the schism that has traditionally existed between humanitarian relief organizations and conflict resolution involving human rights, Modirzadeh indicated that there has been increasing overlap between the fields. “Regardless of where you want to end up ultimately, if you open yourself to jobs and internships with Oxfam or C.A.R.E., your opportunities will be greater, especially in those places where it’s just hard to find human rights work,” she said.

Further, on the question of whether to specialize in a certain region, Modirzadeh urged students to send a clear narrative in their cover letters. “My sense on the hiring side is that you want to be able to package yourself in different ways if not regionally then thematically.” With regard to internships, Modirzedah drew from her own experience to suggest that students have a clear idea of what they want to gain from any experience, whether it be a full summer internship abroad, a paid research assistantship, or pro-bono volunteer work.

“Lots of these organizations have never had interns before or have limited experience with them, so guide them…be modest and arrogant; modest by knowing you might be a risk to the organization, but arrogant in your right to have expectations.” In addition, Modirzedah believes that producing some form of written work while interning is a huge asset to any student looking to market his/her knowledge to different organizations. “You can also think of your coursework, such as a clinical, as pitches to employers of your research background… many times, these are just as good as consultancies, and can make for very fluid transitions to your professional life,” she added.

Finally, HPCR provides HLS students with a unique opportunity to work in-depth on international humanitarian law projects that they would not otherwise have exposure to. “IHL is a growing field,” concluded Modirzedah, “and it’s powerful to help developing countries map out solutions to complicated issues.”

I just noticed a flyer advertising Covey Fellowships for summer work in public interest environmental law. It states:

“The Environmental Law Program is offering five $10,000 fellowships to Harvard Law School students doing work within the public interest environmental law field during the summer of 2008. Qualifying work could include positions at government entities, NGOs, or other public interest organizations working on issues such as climate change, land acquisition and management, pollution control, energy, carbon trading, environmental justice, or biodiversity conservation. This is not an exclusive list of employers or fields, and students are invited to think broadly about work that might qualify.”

For more on environmental law at Harvard Law School, click here.

Have you ever thought about working in Latin America? Ever wondered whether it was possible to accomplish that goal while using your law degree? Recently, the International Legal Studies program hosted a panel from the David Rockefeller Center for Latin American Studies. Since its founding in 1994, the Center has sought to amplify research and teaching on Latin America and related fields at Harvard, to strengthen ties between Harvard and institutions throughout Latin America, and to enhance public understanding of Latin America in the United States and abroad.

Steve Reifenberg, Program Director of the DRCLAS, likened the Center’s expanded scope to the construction of highways from dirt roads. “As a student at the Kennedy School, I went to Chile in 1987 to work for a human rights organization at a time when there was no definition of a formal summer internship…it required a bit of an entrepreneurial spirit.”

Today, with programs in Cuba, Brazil, Mexico, Puerto Rico, and Chile, DRCLAS is open to students seeking to immerse themselves in the Latin American world to pursue specialized areas of interest through work, research or study. “Our aim with law students,” said Reifenberg, “is to work with a student’s outlined objectives and assist him or her in building a roadmap to achieve those objectives.” Indeed, the DRCLAS directs students toward specific international organizations and local groups that meet their goals.

With regard to the various program tracks, students have several options including (1) a semester abroad at a law program with which Harvard has an established exchange agreement such as Chile or Brazil; (2) a 10-week summer program for which students are eligible for base grants from HLS; or (3) a Winter Term option for 2Ls and 3Ls where students receive clinical placements with faculty members. “For the most past,” said Reifenberg, “most firms still do not have models for internship programs. Part of your job is to visualize it for them and take the initiative.”

During any given week, the Office of Public Interest Advising (OPIA) hosts a variety of guest speakers whose career retrospectives broaden the range of options for students considering careers in public service. For instance, I was able to sit in on a recent event featuring Jim Freis, an HLS alumnus and the newly appointed Director of the Financial Crimes and Enforcement Division (FinCEN) in the Department of the Treasury.

“Within the arena of public interest work,” said Freis, “extraordinary opportunities exist today. When I was struggling with choosing public interest, a professor of mine here at the time, Victor Brudney, told me, ‘There were no alternatives in my day. It was private practice or nothing.’”

Nonetheless, as Freis insisted, one of the best things about HLS is the unparalleled opportunities to work internationally. “I wrote my 3L paper on changes in the financial law of Germany based on the Anglo-American standard… after that, I ended up working in Germany for year in the private sector.”

Upon leaving Germany, Freis took a job with the Federal Reserve Bank of New York where he advised on monetary policy issues and devised regulatory reforms. He also successfully defended the Bank’s handling of Iranian assets during the hostage crisis before the US-Iran Claims Tribunal in The Hague. From there, he returned to Europe to work for the Bank for International Settlements (BIS) in Basel, Switzerland where he aided in setting international financial standards and in managing the sovereign reserves of central banks, worldwide.

In his newly appointed position at FinCEN, Freis works within the Office of Terrorism and Financial Intelligence. “Essentially, I determine how to marshal new resources in order to fight new threats… I track the flow of nationwide finances to… ensure that different bodies and organizations are abiding by financial regulators such as the IRS and the SEC.”

“The bottom line here,” he concluded, “is that working in the public sector for the government, as a junior person, you end up working on things you’d never get to do in the private sector.”