Thursday, November 5, 2015
The Trillion-Dollar Question: Should Public Pension Reform Be In The Court's Hands?
Harvard Gazette: An inside view from Powell, complete with regrets
Former secretary of state recalls details of diplomacy in talk at HLS
Credit: Martha Stewart
In a visit to Harvard Law School, retired four-star general and former Secretary of State Colin L. Powell shared lessons from his service as a close adviser to three presidents, tips on negotiating with difficult foreign leaders, and his thoughts on strengthening support for families and children in the United States.
Powell on Friday took part in the American Secretaries of State Program developed jointly by the Program on Negotiation at Harvard Law School, the Future of Diplomacy Project at Harvard Kennedy School, and Harvard Business School. Law School Dean Martha Minow introduced the afternoon session, which was moderated by HLS Professor Robert H. Mnookin, HBS Professor James Sebenius, and HKS Professor Nicholas Burns.
Powell served as national security adviser to Ronald Reagan from 1987 to 1989. From 1989 through 1993 he was chairman of the Joint Chiefs of Staff, first for President George H.W. Bush, and then for President Bill Clinton. He was President George W. Bush’s secretary of state from 2001 to 2005.
Credit: Martha Stewart
During the two-hour discussion Powell expanded on some of his 13 rules for great leadership, maxims such as “It can be done” and “It ain’t as bad as it looks, it will look better in the morning.” Sometimes, he confessed, it actually doesn’t look better in the morning. But the point is to stay positive. “You have to keep your team up.”
Among the most personal of his rules: “Be kind, be calm.”
“I have a horrible temper,” said Powell, who was born in Harlem to Jamaican immigrants, and grew up in the South Bronx.
A cool head is crucial when negotiating, which Powell called an “intensely human experience.” Careful listening and respecting the views of others are equally important.
“I found in negotiations, always get yourself partially on the side of the other person, understand what they need. Always show respect. … No country is unimportant, no person is unimportant, and I think that’s the way you go into a negotiation.”
The moderators didn’t shy away from Powell’s most difficult chapter as secretary of state, pressing him about his role in making the case for the invasion of Iraq. On Feb. 5, 2003, Powell appeared before the United Nations Security Council with a clear message: Iraq possessed weapons of mass destruction and the potential to produce more. The United States had to act.
Powell recalled that President Bush asked him on a Thursday to address the U.N. the following Tuesday. After reviewing an early draft of the intelligence-based presentation, he knew he needed more time.
Credit: Martha Stewart
“It was awful,” Powell said. “It was badly done, and it was only years later that I discovered that it was not done by the National Security Council, it was done by the vice president’s office.”
But the date was set, and Powell spent the next several days with his team and officials from the Central Intelligence Agency verifying the information. He told them: “Nothing goes in there that you can’t verify with multiple sources, nothing that’s wild that you can’t verify.”
Not long after his U.N. appearance, the intelligence began to unravel.
“By the summer, nothing was found, and evidence emerged that a lot of the information was incorrect.”
Though Powell reminded listeners at HLS that 376 members of Congress had voted for the war months before his briefing — “based on that same intelligence estimate” — he admitted that his presentation was a mistake and said he wished he had trusted his instincts.
“I regret it. I will always regret it. It was a terrible mistake on all our parts and on the intelligence community … I wish it had been different, I wish I had more time. Maybe if I had another week or two my instincts would have seen through this or been able to do double-checking, but I didn’t have more time. But I’m not looking for an excuse. I gave that presentation. I gave it believing that everything I had said had been double-sourced, triple-sourced, and was accurate, but it was not.”
Powell touched on U.S.-China relations, describing his efforts to secure the release of 24 servicemen after their surveillance plane collided with a Chinese fighter jet in 2001 off the coast of China.
After hammering out a deal, Powell received another missive from Chinese officials negating everything to which the United States had agreed. It was a pivotal moment, he said, and underscored an important negotiating rule: High-level talks often involve myriad stakeholders, and occasionally, you have to ignore some of them.
Powell realized a branch of the Chinese government had sent the second letter out of “bureaucratic necessity. [They] had to be on record demanding something else, and we just simply pretended we never got it, and we accepted the deal we liked.”
Those talks also led to phone calls at home. In an effort to foster better ties, Powell had offered up his home phone number and urged his Chinese counterparts to call any time. And they did.
“They tested it every now and again,” sometimes with humorous results, Powell said, such as when the Chinese foreign minister rang him on a Saturday morning only to be interrupted by Powell’s two Yorkshire terriers barking at the FedEx deliveryman.
In addressing tensions with Russia, Powell encouraged current U.S. negotiators to remember that the world’s largest nation has long been wary of foreign encroachment, and to consider a more diplomatic approach when dealing with President Vladimir Putin.
“I’ve got no illusions about this guy, trust me; I know him, KGB through and through,” said Powell. “What he is doing now is terrible. But at the same time, I know you will never be able to deal with him effectively if you try to demonize him all the time.”
Shifting from his experience as a military leader and statesman, Powell described his work with youth as “the passion of my life.” He founded America’s Promise, a foundation dedicated to providing young people with the resources they need to succeed, in 1997. The organization has built partnerships with more than 380 organizations, including businesses and nonprofits.
“I want young people to have the same kind of structure in their lives that I had in mine,” said Powell who praised the public school system for his education, and credited his mother and father with giving him a supportive home and high expectations.
“We didn’t come to this country on banana boats so you could stick something in your nose or drop out of something,” he was told by his parents, Powell recalled. “Don’t ever even think about it. Because if you ever come home and tell us you dropped out of high school, we are going to get rid of you and get some other kid.”
Wednesday, November 4, 2015
WCC evolves from a sustainable space into a high-performing, energy efficient facility
When you speak with John Holleran, the assistant director of Facilities Management for Harvard Law School, about what goes on behind the scenes at the Wasserstein Hall, Caspersen Student Center, Clinical Wing building (WCC) on the school’s campus, he says the goal is to run the building as efficiently as possible while improving comfort for occupants. The recent installation of 312 solar panels atop the building is just the most recent step toward that end.
Credit: Lorin GrangerThe recent installation of solar panels atop the Harvard Law’s WCC building is the latest step toward optimal operation of the structure, completed in 2011.
Built in 2011, the WCC gained LEED Gold certification for green features ranging from rainwater re-use to high-performance, operable windows. Since occupancy, Holleran and his colleagues have been hard at work installing new technologies, tweaking existing systems, and evaluating, identifying, and implementing additional energy conservation measures that are driving deeper savings in energy use and utility costs. They have diligently ensured that the building operates optimally, while pursuing upgrades that help HLS meet Harvard’s aggressive sustainability goals, including the goal to reduce greenhouse gas emissions 30% by 2016.
“Our goal is to evolve what was already a sustainable space into a high-performing, energy efficient facility that saves money, reduces greenhouse gas emissions, and creates a healthy and productive environment for students, faculty, and staff to excel,” said Holleran “In a way, our job was just beginning when ribbon cutting was held and the occupants moved in.”
The 97.6 kW solar installation on the roof of Wasserstein Hall is the first renewable project for the Law School. The ballasted system uses weight to hold down the hundreds of PV panels, instead of attaching them directly to the roof. This ensures that the waterproofing of the existing, original roof structure will not be compromised.
Credit: Lorin GrangerEnthalpy wheels, which are seven and a half feet in diameter, are utilized in the ventilation system of the WCC in order to capture and reuse wasted heat and cooling to condition the interior spaces.
Harvard University has installed more than one megawatt of solar capacity on campus, including projects at the Athletics complex, the Harvard Business School, the Harvard Divinity School, and the Harvard Graduate School of Education.
The amount of electricity use that the renewable energy system will offset, 114,000 kWh, is equal to the total annual consumption of Dane Hall, a residence hall on campus. It is expected to deliver annual utility savings of $14,800 in electric cost savings, and an expected annual greenhouse gas reduction of 38 metric tons of carbon dioxide emissions.
Another important energy-saving change was to integrate the building automation system into the events scheduling software so that heating and cooling equipment runs only when rooms are occupied. After fully integrating the two systems, chilled water usage has decreased by 30 percent and overall utilities by 15 percent.
“For us, continuous commissioning is almost a daily task. We are constantly monitoring energy usage and making real-time decisions to lower our consumption and optimize efficiency,” said Holleran.
Credit: Lorin GrangerFans such as the one pictured here are used in conjunction with enthalpy wheels to take in outside air, or to exhaust air from inside the building.
Another cost-effective measure installed by the team is a Therma-Stor Heat Recovery System that recovers wasted energy from refrigeration systems across the building and uses it to heat water. This free hot water is used for a variety of purposes including, dishwashing, laundry, facilities work, and cleaning, and saves 64,184 kWh per year – equivalent to the annual electrical consumption of 1637 Massachusetts Avenue, an HLS apartment building.
Super-efficient LED lighting, low flow aerators in all restrooms and kitchens, an energy-efficient in-rack cooling system installed in the data center, and electric car charging stations in the below-grade parking area round out the list of additional improvements. The Harvard Campus Services Green Cleaning Program was implemented soon after occupancy, ensuring that only environmentally friendly, healthy non-toxic cleaning products are used throughout the building.
Credit: Lorin GrangerRooms known as “air handler sections” house the enthalpy wheels that help capture and reuse wasted heat and cooling and recirculate it throughout the building.
“As a Green Living Representative, it’s great to learn about the work being done behind-the-scenes to identify new technologies and maximize energy savings in our buildings,” said Gabrielle Hodgson, J.D. ’15. “I’m also grateful that the facilities team has prioritized creating a comfortable, healthy space for the community to learn and work.”
Credit: Lorin GrangerThe Harvard Law School Facilities Management Team works hard to maintain a learning and working environment that is comfortable, safe, and enjoyable.
The WCC’s original sustainability features included a rainwater capture system that uses runoff water for landscape irrigation, a mechanical system that adjusts to outdoor air conditions and uses 30 percent more outdoor fresh air than industry standard, and lighting occupancy sensors that reduce electricity use in unoccupied offices and classrooms. Enthalpy wheels, which are seven and a half feet in diameter, are utilized in the ventilation system in order to capture and reuse wasted heat and cooling to condition the interior spaces. High performance exterior windows were also installed to minimize solar heat gain and energy use.
In addition to the WCC, the Law School has six other LEED certified buildings and spaces including Hauser Basement and the second floor of Griswold, both LEED Platinum, North Hall, Gannet House, all LEED Gold, and the second floor of 125 Mt. Auburn St, LEED Silver. The renovation of Pound Hall is on track for LEED Gold certification.
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Gannett House: Everything old is new again
The oldest building on Harvard Law School’s campus underwent a major transformation in 2013. Gannett House, the porticoed Greek Revival structure that has housed the Harvard Law Review since the 1920s, has been brought into the 21st century. Beginning in December 2012, construction crews gutted and redesigned the building’s interior to accommodate an elevator, central air and heating systems, a reconfigured electrical system, and redesigned office space on the first and second floors. The building also now has a new roof and new windows. Read more
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Tuesday, November 3, 2015
Gift from Mitch and Joleen Julis and Family will establish the Julis-Rabinowitz Program in Jewish and Israeli Law at Harvard Law School
Mitchell R. Julis JD/MBA ’81
Investment executive and private investor Mitchell R. Julis has made a gift to Harvard Law School to establish the Julis-Rabinowitz Program in Jewish and Israeli Law. Julis received a joint JD/MBA degree from Harvard Law School, magna cum laude, in 1981. The program is named in honor of his father and mother, Maurice Ralph Julis and Thelma Rabinowitz Julis, and their families.
Noah Feldman, the Felix Frankfurter Professor of Law at HLS and one of the nation’s leading public intellectuals, will serve as the program’s inaugural director.
Martha Minow, Morgan and Helen Chu Dean and Professor at Harvard Law School, said: “Throughout history, Jewish law has made profound contributions to legal thought and practice, and it remains vibrant and relevant around the world. Through their extraordinary generosity, the Julis Family has created significant new opportunities for our community to explore this living legal tradition as well as the laws and legal discourse of a nation, which shares the same roots and many new branches. This program will model the standards of excellence, vibrant intellectual debate, and rigorous analysis that are the hallmark of the Law School while affording terrific new opportunities for our community and beyond. We are tremendously grateful.”
In explaining the family gift, Julis said: “My parents, grandparents and relatives made sure that the rich heritage of Judaism, including its values and history, and the importance of Israel, both to the Jewish People and the world, were consistent parts of our spiritual and intellectual growth. This gift to Harvard Law School is in deep gratitude and love for the gift of heritage our families gave us and which we have strived to give to our children. In addition, my career as an investment professional benefitted greatly from my time at Harvard Law School and the wisdom and mentorship of the late Professor Vern Countryman (a specialist in commercial law, bankruptcy law and reform, secured transactions law, and civil liberties). Finally, under Dean Minow’s inspiring leadership, Joleen and I know that Harvard Law School is an ideal place for a full and open and civil discussion of the multiple views and issues in Jewish and Israeli law, and our family is privileged to support the scholars and students who will build on this knowledge going forward.”
The mission of this interdisciplinary research program will be to explore the structure and real-world effects of Jewish and Israeli law. The program will appoint visiting scholars and post-doctoral fellows; conduct courses and reading groups for students with advanced knowledge of traditional Jewish legal texts; develop opportunities to enhance communications, gatherings and information sharing on the Law School campus and beyond; host an annual conference; and organize lectures at Harvard and in the broader Boston and Cambridge communities on topics related to the impact and study of Jewish law in Israel, in the United States, and across the world.
Feldman, a scholar specializing in constitutional studies, has extensively studied
Credit: Nina Subin Professor Noah Feldman.
and written about the relationship between law and religion in Islam, Judaism, and U.S. law. He speaks Hebrew and Arabic and earned his undergraduate and doctoral degrees in Near Eastern studies. Feldman joined the Harvard Law School faculty in 2006, is the author of seven books on law and policy, and writes a column for Bloomberg View. Over the past several years, he has joined other members of the Law School and University faculty and visiting scholars in offering courses on advanced Jewish legal topics, including “Custom and Legal Authority” and “The Other and the Enemy in Jewish Law.” These courses bring together students from the Law School and many other Harvard graduate programs to deepen the academic study of Jewish law.
“Jewish law and Israeli law are distinct and different, yet they also interact and make claims on each other. It makes sense to study them both in the same program, even as we study them independently,” said Feldman. “The support of Mitch and Joleen Julis and their family for this important work is a marker of foresight in encouraging deeper scholarly understanding of crucial topics in the Jewish past and present. With the resources of the program, we hope over time to make Harvard Law School into a national and international leader in the study and analysis of Jewish and Israeli law from a broad array of scholarly perspectives. The generous gift gives us a broad ambit to bring in a wide range of voices to explore these fascinating and rich topics from all sides.”
Monday, November 2, 2015
Harvard Law School Launches the Campaign for the Third Century
Credit: Martha Stewart Campaign Co-Chair James A. Attwood, Jr. JD/MBA ’84, Dean Martha Minow, Campaign Co-Chair Morgan Chu ’76, and Harvard President Drew Gilpin Faust gather at the Gala to launch the Campaign for the Third Century.
With a nod to its historic past and a look ahead to its future, Harvard Law School has formally launched the Campaign for the Third Century, which seeks to raise $305 million in support of students and faculty, clinical education, new and innovative research, and the continued enhancement of the Law School campus. The Campaign, which will coincide with the Law School’s upcoming Bicentennial in 2017, is part of Harvard University’s $6.5 billion campaign, which will run until 2018.
Credit: Martha Stewart Dean Martha Minow speaking at the Gala to launch the Campaign for the Third Century: “Harvard Law School will play a vital role in changing how we teach, learn and lead, imagining and realizing solutions to the hardest problems. With your help, Harvard Law School is ready.”
On Friday, October 23, as more than 600 alumni and guests gathered on campus for the Law School’s Fall Reunion Weekend, they joined Harvard President Drew Gilpin Faust, Dean Martha Minow, donors, faculty members, and other distinguished guests at a Gala Celebration to mark the official launch of the Campaign.
“We need the Law School and the extraordinary leaders it creates,” said Faust. “We need the clarity it brings to confusing and divisive times. We need its capacity to civilize, and lawyers wise in their calling. Tonight, we launch the Campaign for Harvard Law School because we know what it can do. We know what it must do, for a new generation. Never has the challenge felt more urgent.”
Minow reminded Campaign guests that Harvard Law School — a “start-up” in 1817 — has a long tradition of innovation, memorable teaching, public service, outstanding scholarship, and the recruitment of exceptional students, but must always continue to ask hard questions.
Credit: Martha Stewart Author and award-winning legal analyst Jeffrey Toobin ’86 served as Master of Ceremonies for the evening.
Lawyers “find ways to accommodate competing interests and to resolve conflicts,” Minow said. “We repair the boat of the law at sea, and even find ways to design a new ship while already on the voyage. That agility of mind and enterprising spirit inform the legal education we offer here,” she noted. “We recruit, educate and guide the next generation of leaders — for this country and for the world. Harvard Law School will play a vital role in changing how we teach, learn, and lead, imagining and realizing solutions to the hardest problems. With your help, Harvard Law School is ready.”
The Campaign will enable the Law School to expand student financial aid (80 percent of HLS students receive assistance) and support for graduates working in the public sector. It will provide even greater opportunities for clinical education, including new clinical professorships. It will also enhance efforts to recruit and support professors of practice with highly valued experience as practitioners, and tenured professors in a broad range of fields. Additional priorities include more support for the Law School’s innovative research programs, and continuing enhancements to the campus and the student experience.
Credit: Martha Stewart Bianca Tylek ’16 describes her path to Harvard Law School and her passionate interest in corrections reform at the Gala to launch the Campaign for the Third Century.
During the program, author and award-winning legal analyst Jeffrey Toobin ’86 introduced members of the HLS community who spoke about the Harvard Law School experience past, present and future. Bianca Tylek ’16, a current student, shared the deeply moving story of her path to the Law School, where she has been able to explore her passionate interest in corrections reform, and expressed her gratitude for the guidance she received from a dedicated advisor and the scholarship funds that made it possible for her to study at HLS. Next, Professor Jonathan Zittrain ’95, whose love for all things digital “clicked” during his days as a law student, discussed how these interests have deepened in his teaching and his work with the Berkman Center for Internet & Society and the Law School Library.
John Jay Osborn, Jr. ’70 and his daughter Meredith Osborn ’06 captivated Campaign guests as they reflected on three very different Harvard Law Schools — his, hers, and the fictional one dominated by Professor Charles Kingsfield in Mr. Osborn’s iconic novel, The Paper Chase. In the late 1960s, with student strikes and sit-ins, “the University as a whole was in turmoil,” John Osborn recalled. “The students in the Law School began, for the first time, to ask some basic questions. In doing that, we started an evolution that led from my law school to yours.” He shared fond memories of professors who influenced his own law teaching, and others who introduced new kinds of teaching for the generation that followed. Then Meredith asked her father why he set The Paper Chase, which is essentially a love story, at Harvard Law School. “Think about it! It’s a romantic place,” he insisted. “The Treasure Room! The Red Set! The first light snowfall on the lawn in front of Langdell, at twilight. And those tall windows set between those columns and the light shining out on that snow. Harvard Law School is full of romance!”
Credit: Martha StewartJohn Jay Osborn, Jr. ’70 and his daughter Meredith Osborn ’06 reflected on three very different experiences at the Law School — his, hers, and the fictional one dominated by Professor Charles Kingsfield in Mr. Osborn’s iconic novel, The Paper Chase.
Meredith Osborn, currently an Assistant U.S. Attorney in San Francisco, noted that her own experiences, three decades later, were equally exciting, with a strong law firm job market and inspiring teachers who became great friends. “For students who came with a mission to change the world, it was pretty exciting too,” she added. “HLS gave us the tools to start making change while we were at the Law School, and after law school we felt that we had the support to actually begin to live our ideals.”
The evolution that John Osborn described is ongoing. The student experience of today is marked by collaboration among students and also between students and faculty, and emphasizes team-based problem-solving, innovation, and hands-on clinical work. Today, faculty and students work together in myriad ways – for example, teaching copyright in an online course for the world, or devising practical solutions to social problems through a new course on systemic justice, or helping local families avoid foreclosure and eviction from their homes.
Said James A. Attwood, Jr. JD/MBA ’84, who serves with Morgan Chu ’76 and Adebayo Ogunlesi JD/MBA ’79 as a co-chair of the Campaign: “Your response during the silent phase of this Campaign has been tremendous. Our goal for the Campaign for the Third Century is $305 million. To date, through your generosity and engagement, we have raised $241 million dollars, or 79% of our goal.” Attwood also reminded alumni of the ongoing importance of the HLS Annual Fund and other unrestricted giving, noting that these gifts provide Dean Minow with flexibility to meet pressing needs and seize new opportunities.
Minow offered special thanks to a number of key donors whose support enabled the Campaign to get off to a flying start: Jim Attwood and Leslie Williams ‘84; Lloyd Blankfein ’78 and Laura Blankfein; Morgan Chu and Helen Chu; William T. Coleman, Jr. ’43 and Lovida Coleman; Dan A. Emmett ’64; Steven Klinsky ’81 and Maureen Klinsky; and Sumner Redstone ’47.
The Dean then announced that Michael R. Klein LL.M. ’67 had made the largest gift to this new Campaign to date: $15 million to support the Berkman Center for Internet & Society. “This gift ensures that Harvard Law School will remain at the forefront of problem-solving as we confront and take advantage of the global and digital future,” Minow said. The Center will be known as the Berkman-Klein Center for Internet & Society.
Credit: Martha Stewart Jonathan Zittrain ’95, co-founder, director and faculty chair of the Berkman Center for Internet & Society, reflected on his experiences as an HLS student and professor.
Earlier in the day, five HLS faculty members shared their innovative research at “HLS Thinks Big,” a panel discussion moderated by Minow. The panelists included Randall L. Kennedy, Michael R. Klein Professor of Law, on “From Protest to Law: Triumphs and Defeats of the Civil Rights Revolution”; Mark J. Roe ’75, David Berg Professor of Law, on “Short-termism in Financial Markets: How Real, How Serious?”; Annette Gordon-Reed ’84, Charles Warren Professor of American Legal History, Carol K. Pforzheimer Professor at the Radcliffe Institute for Advanced Study, and Professor of History, Faculty of Arts & Sciences, on “Defending Black Citizenship”; Susan Crawford, John A. Reilly Clinical Professor of Law, on “Large as Life” (musings on the post-fiber digital world); and I. Glenn Cohen ’03, Professor of Law and Faculty Director of the Petrie-Flom Center for Health Law Policy, Biotechnology & Bioethics, on “Health Law and Medical Ethics in a Globalized World.”