HLS in Focus

I’m in this seminar this term that has turned out to be quite interesting.  It’s not at all what I thought it was going to be—I signed up for it because it’s called Advanced Negotiation Theory and I have apparently developed the habit of blindly signing up for anything with the word “negotiation” in the title without a second thought.  Well, it turns out there was a colon in the course title, and the actual name is Advanced Negotiation Theory: Mediating Values-Based Disputes.  It’s a course on mediation, not negotiation.  This is actually a happy accident for me because I’ve been trying to take a mediation course for two years now but they’ve never worked into my schedule.  I do feel a little foolish for not actually reading the title of a course I signed up for, but that’s the type of thing my family loves to poke fun at me for: “You couldn’t read the title?  You do go to Harvard, right?”  Eh, if there’s anything I’ve learned in the past two years here, it’s that going to Harvard does not really stop people from pushing as hard as they can against doors that are clearly marked “Pull.”  Just because you’re smart doesn’t mean you’re not an idiot sometimes, too. 

Anyway, the class is fascinating.  The professor, Larry Susskind, is one of the most noted mediators around.  He’s actually from MIT, but we’ve been borrowing him here at HLS for a while now.  He’s using the twelve of us in the class to help him explore some new theories he has for the field of mediation, which is pretty exciting.

One article I just read for this class refutes the standard idea that mediation works better for some types of conflict than others and suggests that it’s not topics that are more or less conducive to mediation, it’s specific people.  In other words, if Joe is a hot mess and has a hard time self-reflecting, seeing things objectively, or separating the outcome of a dispute from his own sense of self-worth, it doesn’t matter how good we make the mediation system, it’s not going to work for him.  If Sally can do all of those things, it doesn’t matter if it’s a fence line dispute with her neighbor or a massive coal miner’s strike she’s a part of, she will be amenable to mediation.

Isn’t that interesting?  I have to say, I’m kind of sold on the idea.  It makes sense with my own experiences with people.  Some people are open to reason.  Others seem to have their heads stuck up their own . . . well, let’s just say that if they were the ones pushing on a pull door and you tried to help them, they’d argue that they know what they’re doing and then just keep on pushing.   

 - Erin

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.

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)

Recently, the President of the Harvard Mediation Program, 2L Becky Jaffe filled us in on the program’s kickoff event where representatives from Harvard Negotiators, Harvard Mediation Program, Harvard Negotiation Law Review, and the Harvard Negotiation and Mediation Clinical Program were on hand to talk about their plans for the upcoming year and to answer questions.

“Harvard Law School has the premier Alternative Dispute Resolution program and, recently, several professors, student leaders, and staff described the dynamic offerings available at HLS. Approximately 100 students attended the event, which was sponsored by the Program on Negotiation. Following a warm welcome from Professor Robert Mnookin and Student Interest Group Coordinator Sarah Whitman, representatives from the Harvard Mediation Program, the Harvard Negotiators, and the Harvard Negotiation Law Review all described their activities. Professor Robert Bordone also described the Harvard Negotiation and Mediation Clinical Program and urged students to take the popular Negotiation Workshop.’

“Kyle Glover, the Chair of the Harvard Negotiators, challenged the room to brainstorm solutions to a negotiation problem. He then described the Negotiators organization and its various projects, including facilitating dialogues between estranged Catholics and representatives from the Boston Catholic Archdiocese and helping a community in Minnesota conduct a stakeholder assessment before implementing a renewable energy program.’

“Becky Jaffe, the President of the Harvard Mediation Program, defined mediation and explained the myriad disputes that mediators encounter through the program. Such disputes include dog bites, landlords seeking to evict tenants, or even lovers fighting over money after the relationship soured.’

“Judy Yuan and Buzz Maslov, the co-editors-in-chief of the Harvard Negotiation Law Review (HNLR) appealed to students with a scholarly interest in the alternative dispute resolution field to consider joining HNLR. HNLR is one of the most well-respected specialty law journals in the United States. The upcoming volume will be devoted to special issues on Dispute Systems Design following a major symposium organized by HNLR in March of 2008.’

“Professor Bordone concluded the evening by describing the clinical program which he founded, the first law clinic in the country to provide students the opportunity to work as negotiation and systems design consultants. Before closing, Professor Bordone urged students to engage with at least one extracurricular activity during their first year at law school: “There are so many opportunities here, and your experience at HLS will be richer and more rewarding if you find an opportunity that excites you.”

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.

A professor who perhaps needs no introduction, Philip Heymann leads efforts at HLS to encourage national and international public service by lawyers. He was appointed by President Carter to lead the Criminal Division of the Department of Justice, and by President Clinton to serve as Deputy Attorney General of the United States. Heymann authored numerous books and articles. His most recent book Terrorism, Freedom and Security was described in the New York Times as a persuasive argument for just the kind of multilateral approach to fighting terrorism for which the Bush administration has shown utter disdain. His earlier book, Terrorism and America, was described by Ariel Merari, the founder and former commander of Israel’s Hostage Negotiation and Crisis Management Team, as by far the best treatise on coping with terrorism. He has appeared frequently on national television and radio.

Admissions staffer Julia Foresman recently sat down with Professor Heymann to talk about teaching law and terrorism and to get his thoughts on the national security issues we stand to face in the coming years. Take a listen: Professor Phil Heymann

Archbishop Jaime Pedro Gonçalves

The Program on Negotiation hosted Archbishop Jaime Pedro Gonçalves who spoke about his experience as part of the peace process in Mozambique following a bloody struggle for independence and of the common call for all Christians to be peacemakers. PON staffer Sarah Whitman filled us in.

“Recently, the Program on Negotiation hosted Jaime Pedro Gonçalves, the Archbishop of Beira and Apostolic Administrator of Quelimane for an informal brown bag lunch. Archbishop Jaime Gonçalves is well known for his participation as a mediator in the 16 year long civil war in Mozambique after their long struggle for independence from Portugal. With the assistance of the Community of Sant’Egidio, an international Catholic lay movement that played the role of mediator. After 27 months of negotiations he successfully brokered peace, a peace that has endured for over 15 years.

“During the informal lunch the Archbishop discussed how his role as an observer of the conflict transformed into one of the key roles in resolving this protracted war. He addressed how he created a novel mediation framework between the two parties and how his unique relationships with individuals on both sides allowed him to successfully work away from the table to broker peace. The Archbishop closed the discussion with powerful advice: In conflict be ready to resist what is wrong and speak the truth to power gently but firmly.”

For the last year, Congress has been considering the implementation of the Employee Free Choice Act, a bill that seeks to alter the National Labor Relations Act of 1935. The bill has provoked hot debate across party lines (and in the current presidential campaign). Supporters generally feel that workers need heightened protection from anti-union coercion by employers; opponents believe that the elimination of secret ballots in union election could lead to union-side coercion of employees and claim that the bill fails to protect employee privacy. Such was the atmosphere in which the American Constitution Society recently invited professionals on both sides of the issue to present their perspectives.

“We’ve gone almost six decades without a change in labor relations policy,” said labor relations expert, James Brudney, a visiting professor at HLS. “In that time, labor laws have become broken… and there is too much room for unlawful employer activity such as the termination of union supporters.” In making his case, Brudney pointed to the steady decline of the number of new union members nationwide. 7% of the labor force is unionized today, compared with seven times that number 45 years ago.

Still, as Joseph Ambash, a labor attorney with Greenberg Traurig argued, the plight of unions cannot be ascribed to employers alone. “It’s not that the laws are broken, it’s that the union business is broken,” he said. “Employees can’t be persuaded it’s worth it to join a union.” He furthered his point by positing that it is blatantly undemocratic for unions to require signature cards, which are used in a union organizing campaign to show support and justify a representation election. Employees who sign cards are stating they want a union election. “This act would deprive employees of their right to hear both sides of the story.”

Mac D’Alessandro of the Service Employees International Union commented: “Joe’s right; we can’t convince workers that unions are good for them because we can’t get access to them.” D’Alessandro framed his point in the larger context of workers under siege by reminding the panel that in addition to job security concerns, many workers continue to struggle while the salaries of employers have grown exponentially over time. “The Employee Free Choice Act levels the playing field for employees in a non-coercive environment.”

Yet for labor attorney Robert Morsilli of Jackson Lewis LLP, the devil is in the details in the Act. “One of the damning features of the Employee Free Choice Act is that after 120 days, the parties in an employment contract lose control of the bargaining when the decision goes to binding arbitration, which rarely works out well.” Given the posturing of negotiators, he suggested, there is hardly ever an appropriate one-size-fits-all contract. “When you get down to it, what’s this law really about? It’s about circumventing an employer’s ability to communicate with his or her employees about union matters.”