Harvard Law Review

In an event I did a few years ago at the University of Chicago with Judge Richard Posner (check out the podcast here), Judge Posner tossed out a delicious little blind item. He mentioned a federal judge in Chicago who would fire law clerks for what she viewed as a very grave offense: splitting infinitives in written work product.

But is splitting infinitives really such a crime?

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Sometimes LEWW scans a wedding announcement with bated breath, praying that we’ll find a law degree so we can write about a couple. We were crushing on Peanut Wong and David Hattaway before we even clicked on their link. But alas, she’s a dental student (of course she is), and he’s an electrical engineer. So we’ll just say this: If you eat the Wong Peanut, you could die.

On to this week’s featured couples:

Elena Saxonhouse and Tulley Rafferty

Kathleen McArthur and Matthew Gross

Alice Brown and Michael Leiter

Get the scoop on these couples — including their registries, résumés, and cheesy wedding websites — after the jump.

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I don’t think it’s going to come as a galloping shock to anybody that law review was not my kind of thing. My conversational style, inattention to detail, and aversion to boredom really didn’t mesh with anything law review was selling.

And after my 1L year, my grades were strong enough that I knew I’d get a Biglaw job somewhere during OCI; I didn’t need the résumé bump. Why in the world would I want to compete with individuals who really wanted it and would cut me to get on, when at the end the “prize” was being on boring-ass law review? No thanks.

When I received my law review application, I quickly ushered it into the trash.

A current Harvard Law student had a more expressive way of saying no to law review — a more combustible rejection…

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Non-Sequiturs: 02.08.11

* BarMax has launched its new app, BarMax NY for iPad — and it’s giving away one BarMax NY to a lucky law student at each law school in New York. [Yahoo Finance]

* Nancy Gertner and Stephen Shay have been named Professors of Practice at Harvard Law School. Lat wonders if Judge Gertner will wear peep-toe shoes to class. I wonder how it came to pass that I know what a peep-toe shoe is. [Harvard Law School]

* Speaking of the Crimson diploma factory, the Harvard Law Review elected its first “openly” gay president. You see where I put the scare quotes? Yeah, you know it, baby. [Harvard Crimson]

* Professor Larry Ribstein explains why Malcolm Gladwell’s an idiot so I don’t have to. [Truth on the Market]

* The latest on American Needle, from Professor Marc Edelman. [Social Science Research Network]

Sophia Chua-Rubenfeld, Amy Chua's 'Tiger Cub'

* Once again, ABA president Stephen Zack seems to get why law school transparency is important. But we’re still waiting for him to actually do something to force law schools to divulge complete and accurate information. [Law School Transparency]

* A “Tiger Cub” talks about how annoying it is to live with “Tiger Mothers” like Amy Chua. You know, if some Western mother went to China extolling the benefits of a laid-back upbringing, wouldn’t the Chinese government just ban her book and get back to lending us money? I think American parents need to put Chua’s book down and go back to letting the television and nanny do their jobs. [Cornell Daily Sun]

* Confession? There’s an app for that (kinda). So, for those keeping score at home, you can pray to God via an iPhone, but you better not be texting about a CONDOM because that still pisses Him off. [Time / NewsFeed]

Disclosure: BarMax is an ATL advertiser.

Earlier this month, roughly around the time that newly minted law review editors were hearing the good news, we raised the issue of how many minorities and women are being selected for law review.

It’s not a new debate; whether underrepresented minorities (URMs) and women are adequately represented on the nation’s leading law journals has long been a subject of controversy. But in light of the tough legal job market, in which credentials like law review membership are more valuable than ever, it’s certainly a subject worth revisiting.

We kicked off the discussion with this tip:

You may want to investigate proportions of URMs [underrepresented minorities] and women at some top 5 law reviews. I hear that [one school] took 29 1Ls, but only 7 women and no African-Americans. [Another school] took 45 first-year editors, about even male/female, but only 2 URMs in the bunch.

Which law journals are being referred to here? And how are URMs and women doing at other law reviews — perhaps yours is mentioned — around the country?

UPDATE: Please note that a few updates and corrections have been added since this post was originally published. Check them out after the jump.

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It’s early August. Law students are getting ready to go back to school. And some students — lucky or unlucky, you be the judge — are going back earlier than others, to work on their schools’ law reviews.

Over the summer, rising 2Ls around the country received the rather important news: whether they made it on to their school’s law review. Serving on the school’s official law review can involve a lot of work. But it’s generally regarded as worth it, in terms of the prestige / résumé boost, intrinsic value of the experience, and networking opportunities with current and former editors. If you’ve been selected, congratulations!

New editors of the Harvard Law Review — former home of President Obama and still the nation’s most prestigious law journal, despite various incidents of ridiculousness over the past few years (scroll through our past coverage) — were notified last month, around the week of July 19. The good news was delivered primarily by phone.

The Yale Law Journal also welcomed its new editors last month, after selecting them through a Bluebook and editing competition. At a mixer I attended here in New York, for YLJ alumni and newly accepted editors, one joyous new recruit told me that he celebrated his acceptance by going out to Hugo Boss and buying shiny silver pants dress shoes. (“I went to Prada at first, but they did not treat me the way I should be treated!”)

Silver pants New shoes from Hugo Boss? Making law review is clearly a big deal.

But is the prize of law journal membership being distributed fairly? This year, at certain law journals, controversy appears to be brewing about the new editors….

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(And a question about minorities on law review.)

If you’re tired of reading about the Harvard Law School email controversy — judging from our traffic and comment levels, most of you aren’t, but maybe some of you are — we have some good news. Our coverage is winding down. (We do have a few loose ends to tie up, though, which may take us into the weekend or early next week.)

Before we conclude, we’d like to hear from you, our readers. We’ve heard from the commenters, of course — but many readers never comment, so the commenters aren’t representative of everyone.

Reader polls, which draw much larger participation than the comments, offer a better gauge of audience sentiment. We’d like to poll you on two questions:

(1) Was Crimson DNA’s email racist?

(2) Was Crimson DNA’s email offensive?

Please vote in our two reader polls, after the jump.

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Take Our Reader Polls”

Martha Minow, Dean of the Harvard Law School — and, by the way, a possible Supreme Court nominee — has issued a statement regarding the allegedly racist email by a third-year Harvard Law School student that has been making the rounds. (We refer to the 3L in these pages as simply “CRIMSON DNA” or “DNA”; please do not post DNA’s real name in the comments.)

Not surprisingly for a law professor, Dean Minow avails herself of the teaching moment that the Harvard Black Law Students Association apparently passed on. She writes:

This sad and unfortunate incident prompts both reflection and reassertion of important community principles and ideals. We seek to encourage freedom of expression, but freedom of speech should be accompanied by responsibility. This is a community dedicated to intellectual pursuit and social justice. The circulation of one student’s comment does not reflect the views of the school or the overwhelming majority of the members of this community.

Dean Minow condemns the substance of the email in question:

Here at Harvard Law School, we are committed to preventing degradation of any individual or group, including race-based insensitivity or hostility. The particular comment in question unfortunately resonates with old and hurtful misconceptions. As an educational institution, we are especially dedicated to exposing to the light of inquiry false views about individuals or groups.

She also highlights a point we emphasized last night, namely, that BLSA did not publicize the email or pressure DNA’s future employer (a federal judge) to rescind a job offer.

The dean’s statement refers to an apology written by DNA. We haven’t seen the apology in question (although we’re trying to obtain it). If you have a copy, please email us (subject line: “HLS Apology”).

Dean Minow’s full statement appears after the jump.

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Dean Martha Minow Weighs In”

Earlier today, we wrote about an email controversy emanating from the halls of Harvard Law School. A 3L at HLS — referred to in these pages simply as “CRIMSON DNA,” and please help us keep it that way — sent out an email message that some construed as “racist.” In the email, “CRIMSON DNA,” following up on remarks made during an apparently spirited dinner conversation, wrote as follows:

I absolutely do not rule out the possibility that African Americans are, on average, genetically predisposed to be less intelligent. I could also obviously be convinced that by controlling for the right variables, we would see that they are, in fact, as intelligent as white people under the same circumstances. The fact is, some things are genetic.

That was just the opening. Read the rest of DNA’s email over here.

We now bring you some corrections and clarifications, as well as additional discussion — in case the 100+ tweets, 800+ comments, and 1,000+ Facebook shares weren’t enough for you….

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Corrections and More Commentary”

Every time you put something into an email, please remember that someone you send it to may hit Forward. If your email makes the case for a biological reason for racial disparities in intelligence, someone might hit Forward and send it to Black Law Student Associations across the nation.

That’s what happened to a Harvard 3L yesterday. We’ll call this 3L CRIMSON DNA. According to our sources, DNA made some controversial comments about race at a dinner held by the school’s Federalist Society.

CORRECTION: This dinner was not a Fed Soc dinner. [FN1]

After the dinner, DNA felt the need to send an email to a few friends clarifying those views. Here’s an excerpt:

I absolutely do not rule out the possibility that African Americans are, on average, genetically predisposed to be less intelligent. I could also obviously be convinced that by controlling for the right variables, we would see that they are, in fact, as intelligent as white people under the same circumstances. The fact is, some things are genetic. African Americans tend to have darker skin. Irish people are more likely to have red hair.

One of the 3Ls to receive that email, available in full after the jump, was very upset by it. We’ll call this student CRIMSON OUTRAGE. OUTRAGE arranged for the email to be sent out to the Harvard Black Law Student Association list-serv, including DNA’s name and the fact that after graduation, the author will be doing a federal clerkship.

CORRECTION: It now appears that OUTRAGE disseminated the email, several months after the email was originally sent, because she got into a fight with DNA — not because she (OUTRAGE) was offended by the email.

After that, the email went viral, apparently circulating to BLSAs across the country. There are now plans to try to go after DNA’s clerkship….

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The new U.S. News law school rankings are out. Now it’s time to allow students and alumni to weigh in on their law school and their brand new rank.

At the very top, the order remains unchanged. Yale, Harvard, and Stanford continue to be kings of the U.S. News world. If prospective students can get into one of these schools, they should probably go. Biglaw, legal academia, and Article III clerkships await graduates of these prestigious institutions.

We know the stereotypes of the east coast schools. Yale is the elite training ground for clerks and scholars — and Biglaw dollars are available to those students who want a slice of the pie. Harvard is the most prestigious J.D. diploma factory in the world. HLS is all about big numbers: lots of students, and lots of money for graduates who dive into Biglaw.

Is Stanford the Yale of the west or Harvard of the west? Or would Stanford be ranked even higher but for “east coast bias”? Aside from U.S. News prestige, what’s special about Stanford that Berkeley students wouldn’t understand?

The subtle differences between the top-3 are questions for only a few LSAT rockstars.

Next, let’s check in on Chicago’s march up the rankings…

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The current online front page of the NYT weddings section is worth a click. The head blurb leads with “Despite their differences in age . . . ” underneath a picture of a 20-something bride embracing a “groom” who appears to be about nine years old. “Differences in age,” indeed. Somebody alert Morality in Media! (Of course, when you click on the link, you learn that the real groom is 40-something. Still yucky, but not illegal.)
Our spotlighted weddings this week feature couples who are well-matched not only in age, but in accomplishments. Here they are:

1. Robyn Maslynsky and Paul Goldschmid
2. Stacy Humes-Schulz and Matthew Frazier
3. Courtney Dankworth and Russell Capone Jr.

Read more about these couples, after the jump.

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Just two lawyer weddings show up on the Legal Eagle Wedding Watch this week, but both are vigorous, Ivy-licious contenders. There’s even a juicy clerkship in the mix to herald the approach of spring!

Here are our finalists:

1. Allison Podell and Bradley Saft

2. Dina Mishra and Benjamin Shultz

More about these couples’ qualifications, after the jump.

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If you were skeptical of the notion that Barack Obama never published anything as a member of the Harvard Law Review, your skepticism was justified. From Ben Smith and Jeffrey Ressner, over at Politico:

Gannett House mushroom cloud.jpg[A]n unsigned — and previously unattributed — 1990 article unearthed by Politico offers a glimpse at Obama’s views on abortion policy and the law during his student days, and provides a rare addition to his body of work.

The six-page summary, tucked into the third volume of the year’s Harvard Law Review, considers the charged, if peripheral, question of whether fetuses should be able to file lawsuits against their mothers. Obama’s answer, like most courts’: No.

As ATL readers know — see the posts collected under the Harvard Law Review category — ascertaining authorship of HLR student-written work can be controversial. How do we know Obama wrote this case comment?

The Obama campaign swiftly confirmed Obama’s authorship of the fetal rights article Thursday after a source told Politico he’d written it. The campaign also provided a statement on Harvard Law Review letterhead confirming that the unsigned piece was Obama’s – the only record of the anonymous authors is kept in the office of the Review president – and that records showed it was the only piece he’d written for the Review.

It’s pretty cool that “the only record of the anonymous authors is kept in the office of the Review president.” Like a Masonic temple, Gannett House is the repository of many secrets.
Having a hitherto unacknowledged case comment is better than having a hitherto unacknowledged baby girl.
Update: You can access a PDF of the Obama case comment over at TaxProf Blog.
Exclusive: Obama’s lost law review article [Politico]
Earlier: Barack Obama and the Harvard Law Review

Harvard Law Review small Andrew Crespo Above the Law blog.jpgLast year, we ran a popular series of posts on the Harvard Law Review (click here and scroll down, to the posts marked with a mushroom cloud over Gannett House). The gist of the coverage, as described by one of our sources, was that the Review’s new, left-leaning leadership “is running the journal into the ground with a cabal of radical ideologues, making the outgoing editors nervous about the future reputation of the journal.”
We got some flak for our HLR coverage. But in view of what the Review is publishing these days, as discussed extensively in the blogosphere last week — see, e.g., the Volokh Conspiracy and PrawfsBlawg — we can’t help gloating. Just a little.
Harvard Law Review on Punitive Damages and the 14th Amendment [Volokh Conspiracy]
Cruel and Unusual? On the Harvard Law Review’s Case Comment on Philip Morris [PrawfsBlawg]
Earlier: Prior ATL coverage of the Harvard Law Review

Charlene Morisseau 2 Charlene Morrisseau Charlene Morriseau DLA Piper Harvard Law School Southern Center for Human Rights.JPGFormer DLA Piper associate Charlene Morisseau isn’t just our Lawyer of the Day. This high-powered litigatrix — a graduate of Harvard College and Harvard Law School, and a former editor of the Harvard Law Review — should be hailed as a heroine by Biglaw associates everywhere.

From a most engaging article by Anthony Lin, in the New York Law Journal:

A Manhattan federal judge has thrown out a race discrimination suit brought against DLA Piper by a former associate who claimed the firm’s New York office was a hostile work environment.

Charlene Morisseau, a 2001 graduate of Harvard Law School, where she was a law review editor, joined DLA Piper as a litigation associate in April 2003 but was asked to leave less than a year later. In a lawsuit filed last year, Ms. Morisseau, who is black, claimed her firing was retaliation for complaints she had made about discriminatory treatment.

She requested almost $250 million in damages from the firm and the 11 partners she individually named in the suit.

Now, we’re all in favor of giving associates more money. But $250 million may be a bit much, even for a Harvard Law grad. It’s about 90 percent of DLA Piper’s total firm profits for 2006 ($280 million).

But it looks like Morisseau won’t be seeing a dime:

Southern District Judge Lewis Kaplan granted summary judgment to the firm Monday, finding that DLA Piper had put forth a “legitimate, non-discriminatory reason for plaintiff’s termination.”

“Here, the uncontradicted evidence demonstrates that plaintiff did not perform in a manner satisfactory to Piper notwithstanding her academic credentials,” the judge wrote. “She was a confrontational, stubborn, and insubordinate employee in an environment in which professional personal relations, flexibility and a willingness to accept supervision were essential.”

Now we’ve reached the good part. Here’s why Charlene Morisseau should be every associate’s idol:

[I]n court filings, DLA Piper denied treating Ms. Morisseau differently and said the firm had taken action because the ex-associate had exhibited a pattern of unacceptable behavior, including yelling at partners and throwing one out of her office.

The firm said Ms. Morisseau ordered former partner Marilla Ochis to “back up” out of her office after Ms. Ochis had come to discuss an e-mail exchange Ms. Morisseau had apparently taken offense to.

Have you ever fantasized about telling off your partner oppressors? Well, Charlene Morisseau has lived your dream — and then some.

Read the rest, after the jump.

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aileen mcgrath aileen marie mcgrath jason gillenwater jason e gillenwater.jpgIn October 2006, when LEWW reviewed her wedding, we wrote of Aileen McGrath (at right, with handsome hubby Jason Gillenwater):

Aileen is the President of the Harvard Law Review. HELLO!!! And this isn’t mentioned in the announcement, but we’ve learned that she’ll be clerking next year for Chief Judge Michael Boudin, of the First Circuit — feeder judge extraordinaire.

So, Aileen, have you picked which Supreme Court justice you’d like to clerk for?

She has. We’ve learned that Aileen McGrath (Harvard 2007 / Boudin) has accepted an offer to clerk for Justice Stephen G. Breyer in October Term 2008. One source tells us: “[S]he’s universally recognized as brilliant. She was president of the law review and a Sears Prize winner.”
We also hear that the fourth clerk to Justice Clarence Thomas for OT 2008 is a D.C. Circuit clerk (believed to be clerking for Judge David Sentelle). Will someone please give up the name?
Update: Her name is Claire Evans. She’s a 2002 graduate of Rutgers School of Law – Camden, and she’s the first alum of the school to score a SCOTUS clerkship. She clerked for Judge Jerome Simandle (D.N.J.) in 2003, and then for Michael Chertoff, back when he was still on the Third Circuit. Reports our source:

“Chertoff liked Claire so much that he took her to the Department of Homeland Security when he left the bench for Washington. Apparently, Claire continues to amaze and has now secured the most coveted of credentials — a U.S. Supreme Court clerkship.”

“[S]he holds the highest cumulative grade point average in the history of Rutgers School of Law – Camden. And, because of a grading change implemented the year after Claire graduated, it is now mathematically impossible for Claire’s epic GPA to ever be topped.”

Finally, expect more SCOTUS clerk hires in the near future. From an in-the-know tipster:

There’s movement among the justices now. At least Alito, Roberts, Kennedy & Breyer have scheduled interviews in the last few days. Kennedy has scheduled pre-screen interviews, at least some of which are with Judge Kozinski.

The current tally of OT 2008 Supreme Court clerks, with Aileen McGrath and Claire Evans added, appears after the jump.

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We’re bummed that we can’t write this week about the groom who arranges music for Yo-Yo Ma and Jay-Z. Or the one who’s associate counsel for the NBA.
But lawyer-lawyer couples abound, and we know those are the pairings ATL readers crave. Here are our finalists:

1. Lisa Kutlin and Alexander Goldenberg
2. Shauna Burgess and Jonathan Friedman
3. Elizabeth Frieze and Matthew Prasse

More about these legal lovebirds, after the jump.

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Harvard Law Review Andrew Crespo Above the Law blog.jpgRemember our extensive, mischievous-yet-good-natured coverage of internal strife at the legendary Harvard Law Review? It appears to have irritated HLR President Andrew Crespo. And it probably will have to stop now, thanks to the Review’s new “email and internet usage policy,” which prohibits sharing HLR internal emails with the eyes of outsiders.

UH OH! Looks like Andrew “Crespolini” Crespo didn’t like his dirty laundry being aired on Above The Law, so he’s created a new policy (this one, mercifully, public) to ensure that all inanity can be confined to Gannett House.

Fortunately, since it won’t take effect until next week, I figured I would send it along your way!

As our source notes, the policy doesn’t take effect until July 18, 2007. So taking the policy and forwarding it to, say, your favorite legal tabloid is permitted (until Wednesday, when all bets are off).
It’s not particularly interesting — but if you’d like to read the policy, you can check it out after the jump.

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We’re posting this on Friday the 13th — hardly anyone’s lucky day. But last Saturday was 7-7-07, and couples all over the world rushed to the altar (and the gambling tables) to take advantage of the auspicious date.
And sevens weren’t the only thing we saw multiples of in the NYT weddings section. We’ve got four grooms this week, and all four are named John!
If that gives you chills, just wait till you check out their credentials.
Here are this week’s finalists:

1. Zina Gelman and John Bash III
2. John Alexander and John Lipsey
3. Anne Ho and John Griggs III

More on these couples, after the jump.
[Bonus wedding note: Check out this correction and ponder how annoyed this bride is.]

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