though he used the law—sometimes stretching it beyond existing precedent—to bring about what he regarded as a just result. He was a “judicial activist”
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but Freedman had mined every possible nugget from the sparse record and to no avail. There was no plausible legal basis for reversal. I learned several important lessons from this exercise in futility: there’s an enormous difference between winning an appellate argument and re...
but the new information didn’t diminish my respect for the two giants of the law. It did confirm my belief that there are no heroes without clay feet. It also confirmed my belief that J. Edgar Hoover was among the most powerful and dangerous forces in Washington.
which continue to influence me to this day. There could be no better preparation for my life as a professor at Harvard Law School.
I encountered 160 eager faces. The men were dressed in shirts and ties; the handful of women wore skirts. The teaching style of the day was Socratic
I tended to spend an enormous number of hours preparing for each class. I stayed up the night before planning my questions and strategies and got to the law school at 7:00 am before each class. Naturally I parked in the first available slot in the parking lot. Several days int...
Derek Bok became the Dean of the Law School. We never got along all that well. One day he called me into his office with a smile on his face and told me that I was a very expensive professor. Since salaries are fairly standard at Harvard
that I was the only assistant professor ever to turn down an invitation to speak at that club and that it was important for untenured faculty to present their work there because several of the members served on the Harvard Board of Overseers that had to approve all tenure decisio...
but the meaning of these words has undergone dramatic transformation over the past half century. The major reason has been the rapid change in the manner by which speech is transmitted. Technology has altered the sound and look of freedom of expression.
who had repeatedly won reelection on an uncompromising law-and-order platform. When he learned that the twin evils of obscenity and Harvard might merge on that fateful night
because it provides advanced fair warning and an opportunity to challenge the provisions of the code before they are enforced. (That’s why I also favor a narrow code criminalizing the publication of only the most dangerous state secrets).
to defend the government and to work for the government. Some of the same hard leftists who demand academic freedom for themselves and their ideological colleagues were among the leaders of those seeking to deny academic freedom to a distinguished law professor who had worked for...
I have also played a significant role in the campaign to abolish or limit the death penalty. This began more than a half century ago when I was a law clerk responsible for drafting the first judicial opinion challenging the constitutionality of the death penalty as “cruel and un...
my initial assignment as Justice Goldberg’s law clerk was to write a memorandum on the possible unconstitutionality of the death penalty. Here is how [ find author]______
we would win. The justices seemed to acknowledge that if there was no evidence that Ricky and Raymond had the “specific intent” to kill the Lyons’ family “that’s the end of the case.” I was confident that when the justices reviewed the entire record of the case