In the News

HLS faculty weigh in on recent legal news

A selection of analyses and opinions from Harvard Law School experts.

US has yet to overcome its tortured racial past (registration required)

An op-ed by Annette Gordon-Reed. For a founding father who usually took a sunny view of his nation’s prospects, it was a darkly pessimistic prophesy. In his Notes on the State of Virginia, Thomas Jefferson argued that if – as he hoped – America’s black slaves were one day set free, the result would be conflict and an inevitable descent into racial war. And in the hours after Governor Jay Nixon imposed a night-time curfew on the Missouri town of Ferguson following the killing there of an unarmed teenager by a police officer earlier this month, it is indeed reasonable to wonder whether a form of war (sometimes hot, sometimes cold) has been waged against blacks in America from Jefferson’s time until our own.Continue Reading at Financial Times »

James Brady’s Death Isn’t a Murder 33 Years Later

An op-ed by Noah Feldman. The government would have to overcome major legal hurdles to charge John Hinckley Jr. in the murder of James Brady some 30 years after the fact. But if that were the morally right thing to do, it would be worth trying, despite the improbability of success. Is it? The answer is no — but not for the reasons you might think. It doesn’t have to do with Hinckley’s guilt or Brady’s heroism or Ronald Reagan’s presidential status. The reason not to prosecute Hinckley lies in the kind of criminal justice system we want to have: one that doesn’t seek solely to punish the guilty, but rather to punish the guilty subject to the requirements of basic fairness.Continue Reading at Bloomberg View »

How Maine Saved the Internet

An op-ed by Susan Crawford. Rockport, Maine, population 3,321, is trying to solve the existential dilemma of small-town America: How do you get people like Meg Weston’s students to stick around?…The town’s Internet access connection didn’t have enough room to handle the school’s demands, and private companies would charge too much to be a realistic option. That is, until this week, when Rockport opened its own gigabit-scale municipal fiber optic network — meaning it can transmit a thousand megabits of data a second.Continue Reading at Bloomberg View »

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