by David Garrow
On Tony Rezko’s life prior to 1990, see especially Sam Lesner, “Hyde Parkers, All!,” HPH, 12 June 1985, p. 43; see also Tom Gorman, “Crucial Concessions Gets Park Contract,” HPH, 24 July 1985, pp. 3, 28; Gorman, “Caterer Changes Subcontractor,” HPH, 25 February 1987, p. 3; Gorman, “Crucial May Get New South Shore Center Catering Contract,” HPH, 29 March 1989, p. 1; Carolyn Hirschman, “Politicians Join Community in Protest Over Crucial Contract,” HPH, 2 August 1989, p. 1; Dan Mihalopoulos and Laurie Cohen, “City Knew O’Hare Vendor Wasn’t Minority-Run Firm,” CT, 18 March 2005, p. 1; John Chase, “Tony Rezko,” CT, 26 May 2005, p. 1; and David Jackson and Chase, “Rezko’s Life a Story of Pizza and Politics,” CT, 12 October 2006, p. 1. On Herbert Muhammad, see his 1989 interview with Blackside’s Sam Pollard, and Richard Goldstein, “Jabir Herbert Muhammad, Who Managed Muhammad Ali, Dies at 79,” NYT, 28 August 2008.
42. Michael Cohen in David Nather, “Obama’s Quick Rise,” CQ Weekly, 21 August 2008; DJG interviews with Carol Platt Liebau, Lori-Christina Webb, Sean Lev, Charlie Robb, Christine Lee, Brad Berenson, Michael Cohen, David Nahmias, Adam Charnes, Daniel Slifkin, Julie Cohen, Tom Perrelli, Susan Freiwald, Chris Sipes, Kevin Downey, Orin Sellstrom, and Howard Ullman.
43. Carol Platt Liebau, “The Barack I Knew,” TownHall.com, 5 March 2007; Artur Davis in Nicole Duran, “New Kid on the Block,” Campaigns & Elections, June 2007, pp. 52ff., and Seth Stern, “A Commander in Chief,” Harvard Law Bulletin, Fall 2008; DJG interviews with Paul Massari, Lois Leveen, Robin West, Bruce Spiva, Jeff Hoberman, Daniel Slifkin, Brad Berenson, John Parry, Kevin Downey, Adam Charnes, Christine Lee, Susan Freiwald, Trent Norris, Earl Martin Phelan, Tom Perrelli, Julie Cohen, Marisa Chun, Jonathan Putnam, and Carol Platt Liebau.
44. Harvard Law School 1990–91 Catalog, esp. pp. 4–5, 115, 138–39; HLS Adviser Vol. 22, #1, 30 August 1990, pp. 5, 11; Glendon, Minow, Rakoff, “Law and Society Seminar Fall 1990: Civil Society,” RFP; Kahlenberg, Broken Contract, p. 64; Granfield and Koenig, “Learning Collective Eminence,” pp. 505, 515; Minow in Lauren A. E. Schuker, “Obama Stars at Convention,” HC, 30 July 2004; Minow’s May 2007 interview with Liza Mundy; Adam Charnes in Morrill, “Remembering Obama,” Charlotte Observer, 13 January 2009; Gary Orren in “Obama ‘A Great Persuader’ Says U.S. Expert,” University of Ulster Press Release, 25 March 2010; DJG interviews with Rob Fisher, David Hill, Michelle Jacobs DeLong, Lourdes Lopez-Isa, David Nahmias, Brad Berenson, Chris Sipes, Scott Siff, Christine Lee, Marisa Chun, Sean Lev, Tom Perrelli, Jennifer Collins, Adam Charnes, Brad Wiegmann, John Parry, Daniel Slifkin, Jon Molot, Michael Cohen, Susan Higgins, Gary Orren, Martha Minow, and Eric Posner.
45. HLR 104 (November 1990): West, “Foreword: Taking Freedom Seriously,” 43–106, Fried, “Comment: Metro Broadcasting, Inc. v. FCC: Two Concepts of Equality,” 107–127, [Kevin M. Downey], “Right to Die—Incompetents’ Right to Refuse Life-Saving Medical Treatment,” 257–66, at 265–66n74, [Darin McAtee], “Death Penalty—Aggravating and Mitigating Circumstances,” 139–49, [Frank Amanat], “Political Patronage in Promotion, Hiring, Transfer, and Recall Decisions,” 227–37; Charlie Robb on “Political Animal,” WashingtonMonthly.com, 8 October 2008; DJG interviews with Adam Charnes, John Parry, Brad Berenson, Lee Hwang, Kevin Downey, Darin McAtee, Charlie Robb, and Frank Amanat.
46. Jonathan M. Berlin, “HLS Students Hold Vigil Outside Faculty Meeting,” HC, 10 September 1990; Linda Popejoy, “Professor Derrick Bell, 1990–91: The Spirit of Protest Continues,” and Kristen Swartz, “Placement Office Cautions Third Years on Their Job Opportunities,” HLRec, 14 September 1990, pp. 1, 3, 16; George Paul, “Public Interest Office Swamped,” “Rights Group Plans to Rally for Diversity,” and Karen Levy, “Student Groups Demand Boycott of Baker & McKenzie,” HLRec, 21 September 1990, pp. 1, 3, 15, 16; Scott M. Finn, “Law Students Demand More Minority Faculty,” HC, 28 September 1990; Peter S. Canellos, “Harvard Law School Reinstates Public Interest Career Counseling,” BG, 30 September 1990, p. 34; Berlin, “Students Form New Pro Bono Group,” HC, 5 October 1990; Malcolm E. Harrison, “After Rally, CCR Begins to Rethink Strategy on Diversity,” and Felicia Ravago, “At Forum, Trouble Over Clinicals,” HLRec, 5 October 1990, pp. 1, 13, 16; Ivan Oransky, “Law Students Protest Recruiting Interviews,” and Philip M. Rubin, “Law Students Picket Interviews,” HC, 10 October 1990; Mary Flood, “Students Confront Firm on Fifth Floor of Charles Hotel,” and “At Law Review, Number of Women Members Falls Sharply,” HLRec, 12 October 1990, pp. 1, 16; Sean P. Murphy, “Students Honor Law Professor as He Begins His Protest Leave,” BG, 21 October 1990, p. 34; Jim Chen, “WLA’s Misguided Call for Affirmative Action,” HLRec, 26 October 1990, pp. 4, 7; Anthony Flint, “Flexibility, Determination at Harvard Law,” BG, 30 October 1990, p. 21; Berlin, “Flyers Allege Ethical Violations,” HC, 1 November 1990; Patricia Arzuaga and Michelle Benecke, “WLA Blasts Record for Article on Law Review,” HLRec, 2 November 1990, pp. 4–5; Obama, “Review President Explains Affirmative Action Policy,” HLRec, 16 November 1990, pp. 4, 7; Berenson in Levenson and Saltzman, “At Harvard Law, a Unifying Voice,” BG, 28 January 2007, p. A1; McCullough in Jodi Kantor, “In Law School, Obama Found Political Voice,” NYT, 28 January 2007, p. 1, and in Todd Purdum, “Raising Obama,” Vanity Fair, March 2008; Berenson in Mary Vallis, “Unlikely Presence,” National Post, 7 June 2008, p. A17; Rachel L. Swarns, “Obama Walks a Delicate Path on Class and Race Preferences,” NYT, 2 August 2008, p. A1; Marisa Chun in Nather, “Obama’s Quick Rise on a Non-Traditional Career Path,” CQ Weekly, 21 August 2008; Mack on “The Choice 2008,” Frontline, PBS, 14 October 2008; 3L grade-on John Bu in Joe L. Stanganelli, “Young Obama Draws Praise from Law School Classmates from Erie,” Erie Times-News, 30 October 2008; Chen in Jack Brammer, “Two Kentuckians Reflect on Their Time with Barack Obama,” Lexington Herald-Leader, 19 January 2009; DJG interviews with Brad Berenson, Jackie Scott Corley, Frank Amanat, Ken Mack, Julie Cohen, John Parry, Michael Cohen, Tom Perrelli, Michael Guzman, Edith Ramirez, Janis Kestenbaum, Bruce Spiva, Lourdes Lopez-Isa, and Jonathan Putnam. Although the exact date is unknown, Barack also participated in a panel discussion on free speech on campuses, moderated by Charles Nesson and briefly memorialized in the 1991 Harvard Law School Yearbook: “I don’t see a lot of conservatives getting upset if minorities feel silenced,” Barack said. It was not covered by either the Record or the Crimson. See also Charles C. Johnson, “At Harvard Law School in 1991, Obama Approved of Restricting Speech to Protect Minorities,” Daily Caller, 8 October 2012. See as well Cassandra Butts’s negative review of Shelby Steele, The Content of Our Character, HCRCLLR 26 (Winter 1991): 306–15.
47. David S. Broder, “Jesse Helms, White Racist,” WP, 29 August 2001; Phalen in Levenson and Saltzman, “At Harvard Law, a Unifying Voice,” BG, 28 January 2007, p. A1; Ann Sanner (AP), “Obama Says He Looked to Basketball in His Youth,” 16 April 2008; Berenson in Zhu, “Obama’s Quiet Harvard Roots,” HC, 2 November 2008; Dave DeWitt, “Harvey Gantt Leaves a Legacy in NC,” WUNC.org, 5 September 2012; DJG interviews with Rob Fisher, Julius Genachowski, Brad Berenson, and Earl Martin Phelan. Also see DJG, “The Helms Attack on King,” Southern Exposure 12 (March–April 1984): 12–15.
48. Trent [Norris] to Barack, “Meltzer’s Letter,” 5 October 1990, TNP; Griswold to Obama, 8 October 1990, EGP Box 133 Fld. 1; “Celebrating Brennan,” Legal Times, 19 November 1990, p. 11; Griswold to Obama, 26 November 1990, EGP Box 199 Fld. 8; Obama to Griswold, 30 November 1990, EGP Box 133 Fld. 1; HLR 104 (December 1990): Charny, “Nonlegal Sanctions in Commercial Relationships,” 373–467, Wilkins, “Legal Realism for Lawyers,” 468–524, Williams, “Metro Broadcasting, Inc. v. FCC: Regrouping in Singular Times,” 525–46, [Jonathan Putnam], “First Amendment—Voters’ Speech Rights—Federal District Courts Mandate Availability of Write-in Voting,” 657–64; Obama to William J. Brennan, 7 December 1990, and Brennan to Obama, 13 December 1990, WJBP Box II-94; Griswold to Obama, 9 January 1991, EGP Box 132 Fld. 13; “Summary of Revenue and Expenses,” HLR, June 1990, a
nd “Agreement Among the Holders of the Copyright in the Uniform System of Citation,” May 1991, TNP; Nancy Day, “The Battle for Illinois,” Harvard Magazine, July–August 2004, pp. 75–78; Adam Charnes in Dahlia Lithwick, “A Complicated Record on Race,” Newsweek, 7 April 2008, p. 34; Alex M. Azar II in Shapiro and Krishnaswami, “The Secret History of the Bluebook,” Minnesota Law Review 100 (2016); DJG interviews with Frank Amanat, David Goldberg, Michael Weinberger, Adam Charnes, David Wilkins, John Parry, Amy Kett, Jonathan Putnam, Lisa Hay, Ken Mack, Dodie Hajra, Susan Higgins, Richard Parker, and Trent Norris. See also Tushnet and Lynch, “The Project of the Harvard Forewords,” p. 470 (“Forewords are systematically likely to be disappointing, in the sense that they are likely to be less interesting than the most interesting work their authors have previously written”). In 1990–91 the Review’s graduate treasurer was the late Ernest J. “Ernie” Sargeant, managing partner of the premier Boston law firm Ropes and Gray, who died in January 2008; the other faculty trustee was William D. Andrews. See ALI Reporter, Spring and Summer 2008, and HC, 19 October 1992.
49. “Agreement Among the Holders of the Copyright in the Uniform System of Citation,” May 1991, TNP; [Laura Demanski] to Elaine [Pfefferblit], “Journeys in Black and White by Barack Obama from Jane Dystel,” 25 October 1990, LDP; Esther B. Fein, “Book Notes: A Duchy Turns 12,” NYT, 20 May 1992, p. C20; Obama at Illinois State Library, 7 March 2001; Peter Osnos, “Barack Obama and the Book Business,” Century Foundation, 30 October 2006; Janny Scott, “Obama’s Story, Written by Obama,” NYT, 18 May 2008, p. A1; Adams, “Obama’s Memoir Really 18 Years Old,” NYP, 9 June 2008; Weinberger in Tracy Connor, “See, I Did Too Know Bam,” NYDN, 16 November 2008; Osnos, “The Making of the Book That Made Obama,” Daily Beast, 27 January 2009; Dystel e-mail to Robert Draper, 2009; Draper, “Barack Obama’s Work in Progess,” GQ, November 2009; Maraniss, BOTS, pp. 362–63, 527–28, and 596n; DJG interviews with Lisa Hay, Brad Berenson, Ann Patty, Laura Demanski, and Michael Weinberger.
50. [Christine M. Lee], “Invisible Man: Black and Male Under Title VII,” HLR 104 (January 1991): 749–68; Griswold to Obama, 9 January 1991, EGP Box 132 Fld. 13; Barack Obama and Robert Fisher, “Outline—Transformative Politics,” Paper for Law and Society, n.d., 10pp., RFP; Seth Gitell, “Obama and the ‘Invisible Man,’” New York Sun, 12 August 2008; DJG interviews with Christine Lee, Rob Fisher, Mark Kozlowski, and Martha Minow.
51. Anthony Flint, “Student Lawyers Sue Harvard on Hiring,” BG, 21 November 1990; “A Class Sends Message to Harvard Law School,” NYT, 21 November 1990, p. B11; Dan Greaney, “Students Sue HLS Over Faculty Hiring,” HLRec, 30 November 1990, pp. 1, 12; Seth S. Karkness, “Taking the Law School to Court,” HC, 1 December 1990; Ian Haney López, “Community Ties, Race, and Faculty Hiring,” Reconstruction Vol. 1, #3 [August 1991]: 46–62; Kerlow, Poisoned Ivy, pp. 104–5; Maggie S. Tucker, “Alumni Association Candidates Sweep Overseers Election,” HC, 7 June 1990; Donald M. Solomon, “Social Responsibility Should Be Top Priority,” HC, 6 December 1990; Chester Hartman to HRAAA Executive Committee, 10 December 1990, and Solomon to Dear Friend of HRAAA, 31 December 1990, HRAAAP; Tucker, “HAA and HRAAA Name Candidates,” HC, 31 January 1991; Solomon, “Press Advisory,” 31 January 1991, HRAAAP; Gady A. Epstein, “The Last Hurrah?,” HC, 4 June 1992; Alexander Reid and Adrian Walker, “Recent Parolee Is Charged in Assault-Weapon Killing,” BG, 7 December 1990, p. 1; John Ellement, “Board Could Have Kept Rifle Suspect Behind Bars,” BG, 8 December 1990, p. 1; Matthew Brelis, “Johnston Criticizes Parole of Suspect,” BG, 9 December 1990, p. 33; Ellement, “Slaying Suspect Paroled in Error, Probe Concludes,” BG, 3 January 1991, p. 17; Doris Sue Wong, “Parolee Gets Split Verdict in Fatal Spree,” BG, 12 August 1992, p. 24; Harvard Law School Annual Examinations in Law 1990–91, pp. 324–26; Jacobs, Obamaland, p. 123; Punahou School Alumni Directory 1841–1991 (Harris Publishing, 1991), p. 226; Harvard Law School 1990–91 Catalog, pp. 143–44; Eric F. Saltzman and Tom Bywaters, The Shooting of Big Man: Anatomy of a Criminal Case, ABC, 8 June 1979; Jeffrey Kaye, “Documentary Draws Fire from Public Defenders,” American Lawyer, October 1979, p. 10; Fred Kobrick e-mail to Jeff Kobrick, 4 August 2008; Jeff Kobrick, “Notes on Barack Obama,” 21 November 2008, Jeff Kobrick Papers; DJG interviews with Linda Singer, Keith Boykin, Derrick Bell, Donald Solomon, Chester Hartman, Robert Paul Wolff, Hill Harper, Rob Fisher, Gina Torielli, and Jeff Kobrick.
On Ronald Stokes, also see “Prisoner Attacks Officers,” BG, 31 October 1980; Stokes v. Superintendent, 452 N.E. 2d 1123 (Mass. SJC), 15 August 1983; Stokes v. Fair, 795 F. 2d 235 (1st Cir.), 16 July 1986; Stokes v. Commissioner of Correction, 530 N.E. 2d 801 (Mass. Ct. Apps.), 16 November 1988; Commonwealth v. Stokes, 653 N.E. 2d 190 (Mass. Ct. Apps.), 19 July 1995; appeal denied, 653 N.E. 2d 1277 (Mass. SJC), 27 September 1995; U.S. v. Stokes, 947 F. Supp. 546 (D. Mass.), 18 November 1996, 124 F. 3d 39 (1st Cir.), 22 August 1997; Paul Langner, “Career Criminal Faces Life in Prison,” BG, 23 March 1999, p. B3; U.S. v. Stokes, 2000 WL 246478 (D. Mass.), 28 February 2000, 388 F. 2d 21 (1st Cir.), 5 November 2004, 544 U.S. 917, 21 March 2005, and 2005 WL 2170091 (1st Cir.), 8 September 2005.
52. Ian Ayres, “Fair Driving: Gender and Race Discrimination in Retail Car Negotiations,” HLR 104 (February 1991): 817–73; William E. Schmidt, “White Men Get Better Deals on Cars, Study Finds,” NYT, 13 December 1990; Merrill Goozner, “Study Faults Car Sales Tactics,” CT, 13 December 1990; AP, “Study of New-Car Sales Finds That White Men Get Best Deals,” LAT, 13 December 1990; Rhonda Mahony, “Blacks Pay More for Cars,” Black Enterprise, April 1991, p. 14; Obama to Griswold, 8 February 1991, and Griswold to Obama, 8 February 1991, EGP Box 132 Fld. 13; David Margolick, “At the Bar,” NYT, 11 January 1991, p. B5; John Parry to Griswold, 15 January 1991, Griswold to Parry, 18 January 1991, Amy Folsom Kett to Griswold, 23 and 28 January 1991, Griswold to Kett, 29 January 1991, EGP Box 132 Fld. 13; Michael W. McConnell, “The Selective Funding Problem: Abortions and Public Schools,” HLR 104 (March 1991): 989–1050; [A. Marisa Chun], “Unfulfilled Promises: School Finance Remedies and State Courts,” HLR 104 (March 1991): 1072–92; [Monica Harris], “Cleaning Up the Debris After ‘Fleet Factors’: Lender Liability and CERCLA’s Security Interest Exemption,” HLR 104 (April 1991): 1249–68; [Scott Siff], “Judicial Enforcement of International Law Against the Federal and State Governments,” HLR 104 (April 1991): 1269–88; Dorothy E. Roberts, “Punishing Drug Addicts Who Have Babies: Women of Color, Equality, and the Right of Privacy,” HLR 104 (May 1991): 1419–83; [Trenton H. Norris], “Developments in the Law—International Environmental Law—Institutional Arrangements,” HLR 104 (May 1991): 1580–1608; Obama, “Community Revitalization,” Nebraska Wesleyan University Forum, Lincoln, 9 September 1994; Lisa Hay in Neal Conan, “Who is Barack Obama?,” Talk of the Nation, NPR, 19 August 2008; Ken Mack in “The Choice 2008,” Frontline, PBS, 14 October 2008; Adam Charnes in Morrill, “Remembering Obama,” Charlotte Observer, 13 January 2009; Scott Siff in Noam Scheiber, “Crimson Tide,” TNR, 4 February 2009; Jamshid Ghazi Askar, “Scholar Michael W. McConnell Mixes Law, Religion,” Deseret News, 9 January 2011; DJG interviews with David Goldberg, Scott Siff, Kevin Downey, Lisa Hay, David Troutt, David Hill, Karla Martin, Mark Kozlowski, John Parry, Julie Cohen, Anne Toker, Susan Freiwald, Brad Berenson, Charlie Robb, Trent Norris, Tom Perrelli, Jon Molot, Lori-Christina Webb, Bruce Spiva, Adam Charnes, Michael Guzman, Sondra Hemeryck, Howard Ullman, Orin Sellstrom, Jeff Hoberman, Chris Sipes, Michael Cohen, Lee Hwang, Sean Lev, Dodie Hajra, Darin McAtee, and Marisa Chun.