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All day Friday, HLS was abuzz with anticipation of the return of former HLS Dean Elena Kagan, the first woman to serve as Solicitor-General.  Kagan was appearing on a panel entitled “Views from Washington: Reflections from the Solicitor General’s Office” which was moderated by Dean Martha Minow and also included Professors John Manning and Charles Fried. 

Professor Fried, a former SG under Reagan, opened the discussion by outlining the virtues of the SG’s Office.  He cited the interpersonal support and lack of rivalries as a “model of what lawyers working together should be.”  Professor Manning, who spent several years as a civil servant in the SG’s Office in the early ‘90s under Presidents Bush and Clinton then offered his own unique perspective.  Drawing from his time as an Assistant to the SG he praised the “ethos of professionalism and neutrality that is unique” to the SG’s Office. General Kagan remarked on the “lack of partisanship and politicization” and praised the “professionalism and commitment” of the staff.  She also provided some interesting detail regarding the make-up of the office (20 out of the 22 members are civil servants while only 2 are political appointments) and her day-to-day responsibilities (she has to personally approve every appeal the U.S. undertakes, which adds up to about 3-4 cases she has to review and approve or deny per day, the supervision of the 50-55 Supreme Court hearings per year in which the office is involved, and preparing as the SG to argue 6-7 cases/year in front of the Supreme Court.)

When the panel began the question and answer portion, the discussion quickly turned to the hot topic of the day: General Kagan’s first argument before the Supreme Court two days prior.  General Kagan likened arguing in front of the nine justices to arguing in an HLS class with question after question coming from your professor, hypotheticals piling up on hypotheticals, but with nine professors rather than one – not a pleasant thought for a 1L.  When asked about her statement to Justice Scalia that he was wrong, General Kagan said that she knew she could say that to Justice Scalia because “he likes a good battle” and “he gave me one.” 

The panel also spoke about the role of the SG within the US government.  Despite being appointed by the President and serving at his behest, the SG often defends other interests including that of Congress which crafted legislation being challenged or administrative agencies.  Thus, the SG has a daily working relationship with the Attorney-General and rarely sees the President.  In fact, Professor Fried remarked that President Reagan NEVER told him what to do while Fried was serving as SG.  As a result, there is no clear client for an SG.  The trick to the job, General Kagan told the crowd, is trying to figure out how to accommodate all those masters.  In the end, despite being a part of the executive branch, the SG has a unique role defending acts of the legislature and serving as almost a “10^th Justice,” a special officer of the Court and repeat player whose success depends on utmost honesty and the highest level of professional responsibility.  As General Kagan concluded, the SG is a lawyer like any other, but unlike every other.  The SG is “lawyer with a client and cases come across your desk and you have to defend it,” but the client is the US.

Editor’s Note:  If you’re interested in learning more about HLS SG’s in history, check out this recent article from the HLS website: http://www.law.harvard.edu/news/spotlight/public-service/related/hls-solicitors-general.html

If you’d like to learn more about the inner workings of some top government law positions, many of which are now occupied by former HLS professors, check out this article from the HLS bulletin: http://www.law.harvard.edu/news/bulletin/2009/summer/feature_3.php

Matthew Perault: (10:44)

“Looking back over the last three years since my decision to transfer to HLS, and reflecting on the various wonderful personal, academic and professional experiences that HLS made available to me over these years, I cannot imagine having done things differently, and I highly recommend making the transfer to HLS to anyone considering doing so.’

“After growing up in central New Jersey and going to college in New York City, I felt a need to see a bit more of the world beyond the northeastern US, and ended up spending a year teaching English and studying Spanish in Madrid. In addition to developing my interest in foreign languages, I was captivated by the international atmosphere and world view that I was exposed to in Europe, and I decided that I wanted to do something with an international focus in my legal career.’

“After my first year of law school, I was still committed to doing something international, however I was still unsure of the specifics. My academic and professional interests had always been broad, and my college majors in Economics and Political Science, as well as several humanities courses that I took, had only widened my interests. This became a principal factor in my interest in transferring to HLS.’

“Because I was still figuring out what I wanted to do, I felt that HLS would offer me a wide variety of options, and also that the various departments and programs were among the best in each of their respective areas. Indeed, it is difficult to imagine a richer array of options than those offered at HLS, with its long list of top professors in all fields of study, various clinical programs, and dynamic campus life revolving around the many student organizations and journals, run by intelligent and inspiring students, all of whom bring amazing experiences to share with one another.’

“With all of these options, HLS makes the task of exploring one’s interests easy and rewarding for anyone willing to commit the effort to their own personal and professional development. Personally, I am amazed and humbled by the various academic and professional opportunities that I was offered during my two years after transferring, from a three-week internship working with a judge in Peru (during HLS’ month-long Winter Term), to my experience working on two of the various specialty journals, to two different internships working in microfinance with organizations in the Boston/Cambridge area, to my 2L summer, which I split working at a New York City law firm and then at a New York City microfinance/urban development organization, to fascinating courses in diverse areas such as Human Rights, International Finance, and Law and Public Health, as well as a course on the world history of legal thought from 1850-2000, a seminar on the writings of Freud and Nietzsche, a reading group on the city of Mumbai, and language courses in French and Portuguese at Harvard undergrad. HLS’ training and reputation also helped me to get two papers that I wrote as part of my coursework accepted for publication in law journals. Currently, I am working at a Brazilian law firm in São Paulo, practicing international corporate law. Living and working in Brazil has been a fascinating experience thus far. Another advantage of HLS is that when you travel to other countries everyone knows Harvard, which is good from both a professional as well as a social standpoint, since HLS is a good conversation starter, which is nice even when the questions people ask you are about Legally Blonde.’

“Finally, and perhaps most importantly, in terms of the transition to HLS there was (and, I believe, continues to be) an excellent organizational effort among the 3L transfers to hold events and get-togethers so that the relatively large group of transfer students from both classes could all meet each other. The 3Ls were also readily available and extremely helpful in answering all of our questions about academic and student life, which further served to ease the transition process. I quickly acquired a group of friends among the transfer students during the transfer orientation, and eventually, with the help of classes, student groups, journals, etc, my close friends consisted of both transfers and non-transfers, and also included 1Ls, 3Ls, and members of the large LLM class, in addition to my fellow 2Ls. Indeed, the reason why much of this post is not specifically about my transfer experience is that, after a certain point in my experience, I stopped noticing the transfer/non-transfer distinction and just thought of myself as a normal HLS student.’

“In all, I can say that my transfer to HLS helped me tremendously in my personal and professional development. In my first year out of law school, it is difficult and a bit daunting to predict exactly what the future will hold in terms of my career, but I can be certain that my background at HLS, and the many different academic and professional experiences that I was able to take advantage of during my time there, will serve me well as my career path continues to develop.”

Give us a sense of what you’ve been doing since you graduated from HLS.

Since I graduated, I’ve been immersed in elections and voting rights work, and very happily so. Immediately after a clerkship, I drove to Little Rock to volunteer on General Wes Clark’s presidential campaign, with a utility infielder’s role cycling through a fair number of responsibilities in five very short months. I then went to work in Washington as the in-house counsel for America Coming Together, which would become the country’s largest independent voter registration and mobilization operation. When the 2004 campaign cycle was over, I moved up to New York, to woo the woman I’d started dating when we were both 1Ls, with lockers in the basement of Pound Hall; we’ve been married for the last two years, and I still feel unfathomably lucky for every one of those days.

In New York, I joined the Brennan Center for Justice at NYU School of Law: part think-tank, part advocacy shop, and part nonprofit law firm. I’ve been there ever since, working on voting rights and election administration and redistricting, with a brief leave this past fall to help run the national voter protection program of the Obama campaign. The Brennan Center gives me the chance to conduct original research, to publish for both scholarly and public audiences, to advocate for voting rights policies, to counsel federal and state administrators and legislators, and then to litigate, when all else fails to deliver the change the voters deserve.

What classes or activities exist at HLS for those students interested in public policy? Did you partake in any of them? If so, how do you think they’ve shaped the way you decided to approach your career?

There are countless classes and activities at HLS for anyone interested in public policy, along the spread of the ideological spectrum, and on any substantive topic you might imagine. Actually, one of the biggest surprises for me in the HLS curriculum was the degree to which most of the classes involved public policy to some degree, from first-year torts to the most specialized third-year electives. Clinical courses even more so; there is no better way to get a handle on policy problems than to get some hands-on experience in the area. And now as a practitioner, I’ve got an even greater appreciation for the way in which each and every class informs policy. In public interest litigation, for example, I’m constantly wishing that I’d paid more attention in civil procedure.

As for activities, one of the virtues of an institution the size of HLS is that there are so many active students with varied interests, any three of whom can and will form a club of some kind. So there are avowedly partisan groups, and groups that focus on a public policy subject, and then there are lectures and speakers year-round, not just at HLS but throughout the entire university campus. I was involved in some of these activities — I was active in the Student Public Interest Network, and in the Civil Rights Project, and on the founding board of Harvard’s American Constitution Society chapter, all of which are connected to the public policy world in various ways. There were dozens of other options that friends chose instead. And at least for me, one of the principal benefits of all of these activities was the chance to get to know the other students involved — I spent far more time just talking or hanging out with friends, many of whom now have fascinating policy-related careers, than I did in policy-related activity time.

Having been out in the world of politics and public policy now for a few years, what would you tell someone interested in following a similar path?

Dive in. The single best way to get involved in politics is to volunteer on a campaign; the single best way to get involved in influencing public policy is to find a subject-matter that interests you, find someone who’s working in the area, and offer to help. Your ability and your hard work will be recognized and rewarded  even if it won’t always be recognized immediately. There are many different paths to make a career in public policy possible. Some start off looking for a job in their chosen subject, while others make their policy interest their avocation; some aim for public office, and others prefer to work outside of the government. There is no “best” answer, and the only common thread is that the people who have made the most successful lives in the public policy world have spent an enormous amount of time and energy working on the subjects that interest them most.

Any advice for the incoming class?

Have fun. You’ll have plenty of friends at HLS; spend time with them, and they will be some of your best friends for years afterward. Talk to your professors outside of class, not because it’s the right thing to do, but because they are extraordinary people. Look around enough to find something that really fires you up, something you can get truly passionate about, and stick with it for a while. Make sure that the path you happen to be on at the moment is the path you actually want to be on, and not just the path of least resistance and switch course if you have to. Wander out to the Common on the first night it really snows. Have fun.

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.

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!

Indeed, as the second-ranking and senior career lawyer at the FDA, he now oversees and manages the legal affairs of an agency that regulates 25 percent of every dollar Americans spend. At the FDA, he said, lawyers and policymakers are helping people more directly than at the DOJ. “Food and medicine are more primal,” he joked. With the rapid expansion of health law practices across the country, the FDA is an especially active agency. One of the latest contentious cases is that of Wyeth v. Levine, a Supreme Court case the drug industry is watching with bated breath. The particulars involve a Vermont musician and migraine sufferer who allegedly lost part of one arm due to side effects caused from the misadministration of Wyeth’s nausea drug Phenergan. The key question: does the fact that drugs are regulated by the federal government preempt drug companies from being sued in state court? “It’s a legal and public policy battle to which there is no easy answer, particularly since the drug is so effective when administered properly,” said Senger.

So what are the advantages of public sector lawyering? “The diversity, experience, and weight of responsibilities in addition to better hours and the flexibility to travel, teach, and write are all arguments for government life,” he said.

Ethan Levisohn: (18:40)

As Zittrain explained, “we’re trying to get ourselves out of a mode where the internet just happens to us and we become, rather, participants in it.” One of the issues with the net is that users by and large don’t know what’s going on. “We’re eager to help create an emergent sense of what’s going on in this network especially at a time when network blockages and filtering are on the rise,” he said. “When you can’t get somewhere the number of problems between you and the destination are legion and there’s an easy way to figure out what’s wrong… our aim is to help answer those questions in a prosaic way by trying to enlist people at large to answer them.”

So what’s with the sheep (Herdict’s icon), you ask? As the website explains, “sheep tend not to follow the herd when no natural predator is present. While considering web inaccessibility and censorship a predator might be far-fetched, when faced with it, it makes sense to join the herd.” While OpenNet Initiative seeks to identify filtering on the web and to probe public consciousness about the practice through academic means, Herdict Web shifts the power to the masses. Herdict is a toolbar that changes color based on a particular URL’s accessibility. If you find yourself unable to access a site, you can click on the ‘sheep’ and report your problem. “The act of asking this question is what helps seed the round of data in order to answer [why a site is blocked],” said Zittrain. As more people respond with errors, the Herdict team is able to interpolate the data and point to a cause. For those interested, the website includes the sort-able ‘herdometer’ that displays reports as they come in. “Once someone makes a report,” explained Zittrain, “it’s helpful to know if others are experiencing the same issue. You very quickly figure out who is also experiencing what and why.”

Stay tuned for more information on Herdict Web!