HLS in Focus

1L and Co-Chair of the Public Interest Auction Sarah Jelsema recently sat down for a Q & A with us after this yearly highlight of the HLS calendar.

What is the public interest auction?
The public interest auction is a fundraiser run entirely by the 1L class that raises money to support students who do public interest work over the summer. We solicit donations from faculty, staff, alumni, parents, students, firms, and local businesses. Some donate money and some donate things to auction off. We receive all sorts of donations – things like Red Sox tickets, gift certificates to restaurants and salons, lunches and fishing trips with professors, cookies and brownies made by the librarians, and a tour of the Northwest Corner Construction project. The auction is one of the biggest social events of the year. Every year the auction has a theme, and we decorate Austin Hall accordingly. This year the theme was “Bright Lights: Bid City” and so the different rooms were decorated as different big cities – London, Paris, and New York.

What has gone into preparing for this event and what have you gotten out of the experience as a co-chair?
Almost all of the 1L class helps out with the auction. We divide the students up by committees and committees mostly help out either by asking for donations, calling alumni and asking them to donate, emailing firms, going door to door in Cambridge, or by helping process the donations and get them ready to sell, or by helping out on the night of the auction. As one of the auction co-chairs, I had the opportunity to work with a group of amazing people to try to plan and coordinate this huge event – it was definitely a  challenging experience for all of us. From coordinating hundreds of student volunteers to keeping track of hundreds of donations, to making sure everything comes together on the night of the auction, being a co-chair was a lot of work, but it was extremely rewarding. It was also a good opportunity to meet new students.

The event is always a lot of fun for students, faculty and staff. What was your favorite part of the evening? Did anything surprise you?
The event was a huge success. My favorite part of the evening was the live auction. Our auctioneers – this year Professors Elizabeth Warren and Jonathan Zittrain – were auctioning off the “right to be – or not be – in the 2010 parody.” The first bidder was the Dean of Students because they gave her a hard time this year in the parody, but then Professor Mann, who bought this item last year, got in a bidding war with Professor Warren and everyone was laughing so hard!

Why should admitted and prospective students seeking a strong public interest community choose Harvard? Why did you?
I think that students looking for a strong public interest community should choose Harvard because they can go anywhere and do anything with a degree from Harvard Law. We are a bigger law school, but as a result, we have so many more options to pick from than other law schools. Good public interest law jobs are really competitive – and since I want one, I’m glad I chose Harvard. I know that the connections and friends that I will make here, with professors and fellow students, will be of benefit for the rest of my life.

Starting April 15, HLS will begin accepting transfer applications for the fall. Over the last couple of years, there have been increased opportunities for Harvard Law students to study off-campus through joint degree and foreign study programs which make it possible for us to admit more transfer students than ever before.

The question of whether to apply as a transfer student is the right move is up to you, but we think that a little research will show you the vast benefits of transferring to HLS. With 102 full-time professors and more than 300 courses, HLS is home to the most intellectually stimulating legal community in the world. Outside the classroom, there are 14 journals, over100 student organizations, clinical placements in approximately 30 areas of the law, and more than enough opportunities for you to experience the incredible diversity of the HLS community during your second- and third- year. For example, the Harvard Law Review encourages transfer applicants to apply for membership and several past transfer students have been successful in that endeavor.

Bottom line? Whether you are interested in constitutional law or environmental law or human rights advocacy or any number of other areas, the breadth and depth of our offerings is incredible. Whether you want to clerk at the circuit court level, follow the path to academia, or pursue a career in public service, the opportunities presented to our graduates are unsurpassed.

For more details on the transfer application process including eligibility guidelines, deadlines, and application requirements, please visit: http://www.law.harvard.edu/prospective/j…

Also, stay tuned in the coming days and weeks for blog entries of a few students talking about their experience transferring into Harvard Law School!

The Program on Negotiation is one of the most valuable and dynamic resources here at HLS. Dedicated to developing the manifold theories and practices of negotiation and dispute resolution, PON encourages an open dialogue for alternative theories. We recently caught up with one of the program’s featured guest speakers, Nancy Shippen, executive director of an organization called Our Prison Neighbors, a local organization committed to recruiting, supporting and expanding the role of volunteers in Massachusetts’ prisons.

What is ‘Our Prison Neighbors’ and how did you come to get involved?

Our Prison Neighbors is an organization dedicated to bringing enriching programming into the prisons and to being a voice for prison reform and the humanity of prisoners. When I moved to the suburbs, I couldn’t find a way to be of service in the affluent culture. One day, driving past MCI-Concord Prison, I was struck that there was surely something in my years of special education teaching and community work that could be useful.

We recruit, train and provide ongoing support for volunteers providing the internationally recognized programs Alternatives to Violence Project, Emotional Literacy and Toastmasters as well as book discussion groups, literacy tutors, writer’s groups, father’s groups and many other programs. When possible we make public presentations on the importance of this work and the need for change in our criminal justice system to encourage the growth and development of all.

How has the organization evolved over time?

Our central programs have grown in availability, we have gained appreciation by our incarcerated participants and respect from the Department of Corrections, and we have come to know much more about the needs of incarcerated people. We have designed new curricula, and identified a number of areas where we would hope to make Massachusetts prisons more proactive. Examples are working to make the Correctional Health program aware of the many prison hospice programs and the positive effects they have had on the prisons that have them.

Other programs we have been working on include bringing programs like the Inside-Out Prison Exchange Program, Facing History and Ourselves and Thomas Lickona’s character education framework to the education departments, and providing books for the prison libraries from donations and free books available at town library sales. Recently we have been working to encourage the DOC to develop a green jobs vocational program so that incarcerated people can learn valuable job skills and state prisons could gain solar and/or wind energy systems.

You’re currently working to get students involved. How do you envision them working in the prison setting?

Graduate and mature undergraduate students would be welcome as outside participants in all of our programs and in time they could become facilitators and/or help design new programs and curricula. A program on negotiation skills would be deeply appreciated by many imprisoned people.

What of value about the experience might an HLS student interested in alternative dispute resolution take away?

Work with people in prison is a powerful way to experience some of the impact of our current criminal justice system, education system, welfare system and social services system. Students volunteering in our programs would have the opportunity to be trained in several internationally recognized programs. The Alternatives to Violence Project provides an experiential introduction to the power of a community based on respect and caring. While building community, participants learn skills in listening, communication, cooperation and conflict resolution. AVP is active in over 25 countries so we hope that international students and those intending on doing international work might train with us and be able to take this excellent material to ever-wider applications. The Emotional Literacy program develops the ability to identify, manage, and express one’s emotions in a mature and conscientious manner. Also anyone who intends to work with the criminal justice system in any way can benefit enormously from some first hand experience through programs with a record of providing opportunities for real growth and development.

How do you see this collaboration with HLS and the Program on Negotiation moving forward?

Our Prison Neighbors would like to work with HLS and PON to develop opportunities for students to participate in programming for prisoners in Massachusetts and to become leaders of programs related to their studies. This could be done through internships, service learning programs, or independent volunteering. We provide mentoring for our volunteers and could provide evaluations, recommendations and powerful experiences for ongoing professional development.

For students interested in 2010 clerkships, spring is the time to start getting serious about the process. In a recent orientation program held by the Office of Career Services, Associate Director for Judicial Clerkships and JD Advising, Kirsten Solberg, covered such topics as application components, assessing one’s candidacy, researching judges, and the timetable for current 2Ls.
The bulk of Solberg’s discussion of clerkships focused on clerkship applications. Cover letters and resumes are par for the course, but the weightiest components typically are grades, recommendation letters, and especially writing samples. Networking also goes a long way in this process. “Become acquainted with 3Ls clerking next year,” suggested Solberg. “Reach out to family and friends who are or know judges… by asking questions and advice you build relationships.”

Self assessment is another big part of the process, including the type of court you envision for yourself and researching the judges to whom you apply to find personality and interest matches. “Trial courts tend to offer more practical work,” offered Solberg. “I think it’s the best complement to law school on a theoretical level.” Appellate courts on the other hand tend to focus more on legal arguments with more individual research on a fewer number of cases.

How many judges should one apply to? “That’s a difficult decision… most applicants apply to anywhere between 70 to 80 judges. This is a high number, but this process is by no means a sure thing. Be flexible and ask questions.”

For more information including tips and pointers, please visit the Office of Career Services website.

If ever there were an appropriate time in history for a business ethics discussion, this is it, don’t you think? Fortunately, The Program on the Legal Profession recently invited Dr. Christine Elizabeth Parker of the University of Melbourne Law School to report on her research on the regulation of law firm ethical infrastructure. In collaboration with the Office of the Legal Services Commission (OLSC), which works as part of a co-regulatory system, together with the Law Society of New South Wales and the NSW Bar Association to resolve disputes and investigate complaints about professional conduct, Dr. Parker has written a paper the examines the ethical infrastructure in commercialized law firms.

“A major weakness of traditional approaches of regulation and discipline of legal profession,” she said, “is that the focus tends to be on individual lawyers when most attorneys work in firms, the culture of which can have a great impact on ethics…firm level policies and procedures are necessary to ensure compliance.” In light of this, scholars have suggested rethinking ways in which lawyers are regulated to encourage firms to implement ethical structures and management policies to encourage ethical behavior. Some have moved to establish law firms as collectives of a larger ethical paradigm while others have proposed that there could be a requirement on firms to implement structures and appoint a practitioner responsible for ensuring ethical behavior.

“In light of the recent deregulation of firms in Australia,” she said, “we introduced legislation that firms appoint at least one practitioner to the board of directors who is obligated to prevent and report misconduct in the practice and all legal practices must have appropriate legal management systems in place to enable the provision of legal services in accordance with professional obligations.” Central to Parker’s paper was the self-assessment of firms who were told to rate ten objective metrics (including courteous communication and timely delivery, review and follow up of legal services) of quality on a scale that ran from ‘not compliant to fully compliant plus’.

“There are a number of reasons why we wouldn’t expect management-based regulation to be a very effective strategy,” admitted Parker. “For instance, some have said that management-based regulation is a type of managerialism that isn’t appropriate to legal professionals who ought to be autonomous, sovereign decision-makers… yet this misunderstands role of management-based regulation strategies to prescribe behavior.” Another concern is that management-based regulation might be too flexible and thus becomes a simple box-ticking exercise; still, Parker maintained that the practice is still influential because it works as an educational tool when firms are going through a structural change.

So what about the results? Of the more than 600 firms that participated in the self-assessment process, Parker and her team calculated a score of complaints per year per practitioner taking in account the size of firm and number of years one had been practicing. Before self assessment, there were 0.3 complaints and after the process, the number was down to 1/3 of what it was. “Clearly,” said Parker, “self-assessment makes a difference within some firms… and in principle, there are good reasons to suggest that the management-based approach similar to that proposed by Chambliss and Wilkins is appropriate for legal profession and there is compelling empirical evidence that it had an effect in New South Wales.” “Of course,” she continued, “this raises questions about the generalized ability of this approach to work elsewhere for firms elsewhere around the world. The self assessment process forces firms to think about certain compliance issues for first time… and creates an external accountability that’s so pressing right now.”

Anyone interested in clerking after law school knows how tough clerkships are to clench.  Famous for its attention to top grades, stellar references, and flawless essays (sound familiar?), the clerkship application process can be fiercely competitive.  We figured some words of wisdom from a recent alumnus, Dan Sullivan, might be in order…

What was your background before coming to HLS? I graduated from Williams College in 2001 and worked for three years before attending HLS. Before law school, I worked as an investment banking analyst at a Wall Street firm, a research assistant at a public policy organization, and a legislative aide to a U.S. Congressman on Capitol Hill.

Why law school? I became interested in law school when I was a student at Regis High School, a Catholic high-school for boys in New York City that emphasizes a lot of lawyerly skills, such as reading, writing, and debate. But I put the idea on hold until I began working in Washington, DC after college. In Washington, my interest in law school was re-ignited by working with a number of smart, dedicated lawyers. My experience working with them showed me that a legal education would be great training for a variety of careers, from law and public policy to business and finance.

How did you get your clerkship? What was the process like? I clerked for Chief Judge Edith Jones of the U.S. Court of Appeals for the Fifth Circuit, who is an excellent judge and a wonderful person. I formally applied for federal clerkships in August before my 3L year, but I started the application process (e.g., researching judges, asking professors for recommendations) half-way through my 2L year. The application process can be long and cumbersome. But the HLS Office of Career Services (OCS) provides students with terrific, step-by-step information about the clerkship process and critical support throughout the process. Beyond reading OCS’s excellent materials and following its advice, I recommend doing independent research on judges by talking with current and former law clerks, seeking advice from professors, reading articles about and by judges, and looking up federal judges’ bios on the Federal Judicial Center website (www.fjc.gov).

What classes or activities exist at HLS for those students interested in clerking after HLS? Law clerks do a lot of research, writing, editing, and critical reading. Students interested in clerking should do activities that will help them improve those skills, such as working as an editor on the Harvard Law Review or another law journal; working as a research assistant for a professor during the school year or the summer; doing relevant pro bono or clinical work; or writing a significant research paper for course credit. While I was at HLS, I worked on the Harvard Journal of Law & Public Policy and as a research assistant for Professor Mary Ann Glendon, who currently serves as U.S. Ambassador to the Holy See. Both experiences were great preparation for clerking, particularly working for Professor Glendon since she is an outstanding teacher and mentor. In terms of courses, students interested in clerking should definitely take Federal Courts, Constitutional Law, and Evidence. Other good, basic courses that provide a solid foundation for clerking are Statutory Interpretation/Legislation, Administrative Law, Corporations, and Advanced Legal Research.

Alumni advice for the incoming class? Make the most of your time at HLS. Dean Kagan likes to say (and she’s right) that HLS is like New York City because it has so many things to offer. Take advantage of the many opportunities to learn available at HLS both inside and outside the classroom. I recommend becoming actively involved in at least one student organization, such as a law journal or a club. Through your involvement in an organization you will have a chance to befriend and learn from other HLS students, one of the greatest assets HLS has to offer. During my time at HLS, I was actively involved in the Harvard chapter of the Federalist Society, a national organization of conservative and libertarian law students and lawyers that promotes intellectual diversity in the legal profession. My work with the Harvard Federalist Society was one of the highlights of my law school experience because it introduced me to so many students with such diverse interests, experiences, and backgrounds.

… and the season of winter clinicals is well underway!

Admissions staffer Julia Foresman recently sat down with 2L Leslie Lang who is participating in a winter clinical at UNCITRAL in Vienna, Austria. She is working with the insolvency law working group, which is producing a legislative guide that contributes to the harmonization of insolvency laws to facilitate international trade and commerce. Her responsibilities include conducting research to prepare for two experts conferences on corporate groups in insolvency and treatment of intellectual property in insolvency. Prior to attending law school, Leslie worked at the World Bank. Her other international work experience include the African Development Bank, the Special Court for Sierra Leone, and an NGO in Beijing.

Have a listen: Leslie Lang (5:40)

Stay tuned for a follow-up with Leslie!

It’s no secret that the Program on Negotiation at HLS has inspired a lot of buzz within academic circles over the last few years. At the heart of this exciting (& relatively new) area is 2L Stephanie Singer, the online executive editor for the Harvard Negotiation Law Review and vice chair of Harvard Negotiators.

Under Stephanie’s direction, The Harvard Negotiation Law Review recently launched HNLR Online, an online companion to the journal that publishes short, up-to-date articles on cutting-edge negotiation and ADR topics. Check it out at www.hnlr.org

Admissions staffer Julia Foresman sat down with Stephanie earlier this semester to discuss a myriad of resources available to students interested in alternative dispute resolution and negotiation. Take a listen: Stephanie Singer (7:07)

We did a bunch more interviews of students and faculty members to add to the HLS Speaks page off the JD Admissions home page.  New categories of interview clips include: (1) Clinical & Pro Bono Programs; (2) Criminal Law & Justice; (3) Law, Business & Economics; (4) Negotiation & Conflict Resolution; (5) Constitutional Law & Policy; (6) Why Law School; (7) Law, Science & Technology; (8) Reading Groups & Small Seminars; (9) National Security & Terrorism; (10) Social & Gender Justice, Civil Rights; (11) Career Plans; and (12) Joint Degrees.

Please visit the link to HLS Speaks off the JD Admissions home page if you’re interested in these subjects.

Back to back Jack Goldsmith? Recently, two separate panels featured the former Assistant Attorney General and national security law expert in what amounted to a riveting afternoon of constitutional wrangling.

The first event, hosted by the Federalist Society, featured Professor Goldsmith in addition to Noah Feldman and William Kelley of Notre Dame Law School. The three came together to discuss disputes arising between the Executive and Congress in a time of divided government. The panel turned first to signing statements, which are issued at the time of a bill’s signing to clarify the bill’s meaning (according to the President).

“The issue of signing statements is not an area in which the Bush administration has changed much from other administrations… though there certainly has been a more systematic use,” observed Kelly. In and of themselves, signing statements are useful in a number of ways we suggested: they add transparency; facilitate inter-branch dialogue; and enable the president to manage the executive branch more effectively by offering his own interpretation of the law. “The hard part is when you’re dealing with an important statute whose constitutionality is in question,” Kelley said.

In answering many lawyers and politicians who advocate an originalist reading of the Constitution, Professor Goldsmith pointed out that very little is definitively outlined in the Constitution regarding separation of powers. “What’s more, in such periods of war and crisis as the last eight years the president has had the power of initiative and his unilateral power is extraordinarily high… as a practical matter power dissipates over time.” Goldsmith granted that the Bush administration waited too long, politically, to secure Congress’ and the public’s support. “But the reality is that many people have compared the actions of this administration to that of the 1970s post Vietnam and the ‘Imperialist Presidency’ of Nixon… Congress at the time fought to cut the unitary power of the presidency in a way that now hasn’t been the case.”

To Professor Feldman, finally, both liberal and conservative visions of the Constitution are not completely useful. In agreement with Goldsmith he suggested, “We need to find something that works… the Constitution does not prescribe a pragmatic model.”

Later in the afternoon, Professor Goldsmith returned, this time with Dean Elena Kagan, to discuss the Role of the Courts in the War on Terror with Seth P. Waxman, a partner and chair of the Appellate and Supreme Court Litigation Practice Group at WilmerHale. She urged Goldsmith and Waxman to consider two polar extremes with regard to judicial action in the face of modern terrorist threats: reflexive action in which judicial oversight elapses once one is labeled a terrorist and a judiciary that treats terrorist charges no differently than other criminal allegations. “So where are we in this spectrum?”

“If you look at the Constitutional text related to powers in times of war, it’s silent on those powers given to the Judiciary,” noted Waxman. “Article 3 [of the Geneva Convention] mentions no role of the courts, so we’re left with the question of what their appropriate role is regarding detention, interrogation, surveillance, etc.” What complicates matters more is that the War on Terror has employed different paradigms of judicial review, as pre-9/11 civil cases have shown us with respect to such criminal cases as Timothy McVeigh.

Professor Goldsmith agreed that there aren’t clear answers. Since 2001 the Supreme Court has ruled in three landmark detainee cases: Hamdi v. Rumsfeld which recognized the power of the government to detain unlawful combatants but ruled that detainees who are U.S. citizens must have the ability to challenge their detention before an impartial judge; Rasul v. Bush, which established that the Court has the authority to decide whether foreign nationals held in Guantanamo Bay were rightfully imprisoned; and Hamdan v. Rumsfeld, which ruled that the Bush administration had unlawfully set up military commissions to try detainees at Guantanamo. “The Court did not rule on these matters on constitutional grounds, but modified the President’s power,” said Goldsmith. “The Court intervened to force the political branches to work together… the Court has adopted new paradigms.”

Waxman, who recently won a ruling in Boumediene v. Bush, in which the Supreme Court ruled that foreign citizens held at Guantanamo Bay have rights under the Constitution to challenge their detention in US civilian courts, agreed. “These rulings have allowed the Court to carve out a seat for itself at every table.”