READING GROUP: SUPREME DIFFICULTIES–Prof. Charles Fried

Memorandum to my Fall Semester Reading Group: Supreme Difficulties

As I wrote in the prospectus for the Reading Group we will have a mixture of readings and approaches.   I want to start out with a consideration of the constitutionality of the health care mandate in the PPACA, which is very likely to reach the Supreme Court.  I thought we should take at least the first two weeks on that, in part because the two opinions I would like you to read, the 11th Circuit’s opinion holding the mandate unconstitutional and Judge Sutton’s opinion in the 6th Circuit reach in the opposite conclusion are quite long.  I have also added a little blog post of my own from SCOTUSBLOG, which I think goes just a bit too fast and too superficially.

After that we will switch gears and talk about personalities and style and their effect on the Supreme Court’s work. My focus will be on Justice Robert Jackson.  I have posted the chapter on Jackson in William Domnarski’s, The Great Justices, 1941-1954.    Domnarski’s account casts a shadow if not doubt on my own  essay on style and character, focusing on Jackson, “Balls and Strikes.”  (If you become fascinated with Jackson  you might want to look at ch.s  4, 10, 18, 20, 25, 26, 28, 29, 20, 34, 37-39, 43, 44 (they are short) in Noah Feldman’s splendid  Scorpions: The Battles and Triumphs of FDR’s Great Supreme Court Justices.   But Feldman’s story is best followed by reading the whole book, and the Domnarski chapter is relatively self-contained. )

Moving from Jackson to the signal accomplishment of the Warren Court, we will read the chapter on Brown v. Board of Education from Morton Horwitz’s unpublished manuscript of his book on the Warren Court, with a short appendix on Robert Jackson’s five unpublished draft opinions of what was to be a unanimous opinion.

If this does not exhaust our time,  I have a number of possible reading topics and we can decide together what we should do.  My thoughts include Bush v. Gore,  the coming battle over the constitutionality of the Defense of Marriage Act, and Mark Tushnet’s ms. article on the First Amendment and abstract art.

CONSTITUTIONAL LAW : FIRST AMENDMENT A-2

First Amendment- A2.  Professor Charles Fried

A tentative syllabus is posted on the course website.   The case book is Sullivan and Gunther,  First Amendment Law (Fourth edition- Foundation Press) . There is also a 2011 Supplement. I have posted it on the website. The printed version of  the supplement is liable to cost you some money and covers not just First Amendment but constitutional law generally.  The publisher has given permission to post and download free.
Supplementary required reading is noted on the syllabus and posted on the course website.   From time to time I will update the syllabus to indicate the cases that will be the focus of discussion.
The first assignment is on the syllabus.

Harvard Law School Library Research Assistants

Applications are now being accepted for fall 2011 for the Harvard Law School Library Research Assistants team. HLSL Research Assistants assist law school faculty with short-term research projects in a wide variety of subject areas.
Interested candidates may submit their resumes and a letter of interest to June Casey, Faculty Services Librarian,  jucasey at law.harvard.edu. 

Qualifications include completion of First Year Legal Research and Writing and basic legal research experience.

Professor Goldsmith is looking for a cybersecurity RA

Professor Goldsmith is looking to hire someone to do cybersecurity research over the course of the school year.  Much of the work will involve figuring out what is going on in the government institutions charged with cybersecurity (e.g. WH, Congress, DOD, NSA, DOH, DHS, etc.).  Another chunk will involve doing the same with the private sector.   And related stuff.  Please send resume and a statement of any relevant expertise or interest to  jqashat at law.harvard.edu  


Web Page: http://www.jackgoldsmith.org/

Blog: http://www.lawfareblog.com/

RA – Cybersecurity Research (Prof. Goldsmith

Professor Goldsmith is looking to hire someone to do cybersecurity research over the course of the school year.  Much of the work will involve figuring out what is going on in the government institutions charged with cybersecurity (e.g. WH, Congress, DOD, NSA, DOH, DHS, etc.).  Another chunk will involve doing the same with the private sector.   And related stuff.  Please send resume and a statement of any relevant expertise or interest to  qashat at law.harvard.edu

Professor Goldsmith is looking for a student to assist him with his blog, Lawfareblog.com

Professor Goldsmith is looking for a student to assist him with his blog, Lawfareblog.com (which in turn is part of a Harvard Law School-Brookings Project on Law and Security).  The tasks will include research of all sorts related to national security.  A bit of knowledge of national security law (or of the national security world) is helpful but not necessary.  I am most interested in someone with good research skills (i.e. someone who can find cases, documents, testimony etc. quickly) and who can (usually) turn to and complete a small task quickly (i.e. within a day).  As “compensation” I can offer a line on the masthead of Lawfareblog.com and the occasional opportunity to blog important cases and other national security developments under the RA’s name (but under my supervision).  This is a fun way to learn a lot about national security law.  Please send a resume, transcript, and statement of interest to  qashat at law.harvard.edu.