Law Profs Urge New Faculty Hiring Process

A group of 15 Law School professors yesterday urged the administration to eliminate its appointments committee and create a new committee devoted to diversifying the faculty.

In a three-page letter to the Law School community, the professors also condemned the publication of the annual Harvard Law Review spoof, calling it an example of pervasive sexism and racism on campus.

The April spoof, called the Revue, included a parody of an article by murdered feminist scholar Mary Joe Frug that critics say is misogynistic and insensitive. The Revue also contained an article questioning the scholarship of two Black tenure-track professors.

"Harvard Law School has done far too little to address the issues of sexism and misoguny," the letter says.

The professors demanded that Dean of the law School Robert C. Clark appoint a special committee to investigate the incident.

The letter, which was signed by Professors of Law Duncan M. Kennedy, Christopher F. Edley Jr. and Frank I. Michelman among others, also argues that discrimination exists in the Law School.

"Nothing can erase the truth that these events are continuous with a deeply rooted and long-standing pattern of systematic exclusion," the letter says.

The professors called on school to "collaborate in a renewed effort to transform the Law School from the white male preserve that it now is into an institution genuinely com- mitted to welcoming and celebrating diversity."

The professors said the current facultyappointments committee should be replaced by a newcommittee, "committed as a first order of businessto the creation of a truly diverse and broadlyrepresentative Faculty."

The letter was the latest sign ofdissatisfaction with the way Clark handled theparody incident in particular, and demands forincreased faculty diversity in general. Ninestudent groups called for Clark to resign lastweek.

The dean issued two statements condemning theparody in the week after its release, but saidyesterday that the students responsible would notbe disciplined.

Tyler Professor of Constitutional Law LaurenceH. Tribe who also signed the letter, said in aninterview yesterday that Clark's response to theFrug parody was insufficient.

The 15 law scholars said the spoof was not aone-time incident perpetrated by a fewindividuals, but was a "symptom of a much widerproblem."

We are told that throughout this academic yearmany students have experienced the Reviews,like much of the Law School, as an environmentthat is seriously hostile to women," the lettersays.

In a letter to the community yesterday, Clarkargued that he parody did not represent the viewsof many at the school.

"We can do much more to foster respect across,gender and other lines here, but to state theparody reflects misogynistic attitudes shared bymany is unfair," Clark said.

Clark said he does not plan to discipline thewriters of the parody, saying their freedom ofexpression is protected. He also announced plansto hold an open forum for faculty and students todiscuss the sense of community at the Law School.

Clark said he disagreed with the proposal tocreate a new appointments committee, stating themove "would set us back, not forward."

Clarter Professor of Jurisprudence CharlesFried, in a separate letter to the communityyesterday, also said he saw no connection betweenthe Revue episode and larger problems atLaw School.

"There is about as much connection between theRevue and our hiring policy as there isbetween members' overdrafts in the House bank andthe budget deficit," Fried said.

Student suing the school for discrimination infaculty hiring said yesterday that the letter fromthe 15 professors would significantly help theircase.

"It's a public admission on the part of some ofthe defendants that there is discrimination goingon in Law School hiring," said Caroline C.Wittcoff, A third-year law student who argued thecase before the Supreme Judicial Court ofMassachusetts.

The professors call for the Law School torecognize "the prejudices that infect ourFaculty's continued failure to appreciate both theneed for diversity and the capacity of members ofdiverse in our society."

Wittcoff said the statement will be crucial inproving discrimination if the court permits thestudents to proceed with the case.

Wittcoff said the letter is crucial because"they debunk the myth of the pool problem." Inaddition, the letter shows that one-third of thefaculty believes that the school can created amore diverse faculty without sacrificing academicexcellence, she said.

The professors also acknowledged that studentswere injured by a discriminatory hiring process,Wittcoff said, a point which is crucial to theirargument.

The 15 professors said the appointment of twowomen to tenure tracked posts next year is notenough to solve the problem of "lopsided hiring."

But Fried argued that the two appointmentsrepresented a positive trend towards more womenappointees.

Of the 64 tenure and tenure tracked-faculty atthe Law School, six are Black men and five arewhite women.

Five other law professors signed a secondletter which said they agreed with the viewsexpressed by the 15 processors but disagreed withhow change should be implemented.

Professors of Law Richard H. Fallon, who signedthe second letter, said he did not believe the LawSchool should investigate parody incident. "Ithink the less supervision over the LawReview the better," Fallon said.

Stimson Professor of Law William P. Alford,Professor of Law Charles R. Nesson, SmithProfessor of Law Henry J.Steiner and Toroff-GlueckProfessor of Law and Psychiatry Alan A. Stone alsosigned the second letter.

In addition to Edley, Kennedy, Michelman and Tribe, Professors of Law Elizabeth Bartholet, Gary Bellow, David A. Charny, Martha A. Field, William W. Fisher III, David W. Kennedy, Richard D. Parker and Lewis D. Sargentich signed the first letter.

Brandeis Professor of Law EmeritusCharles M. Haar, Frankfurter Professor of LawAbram Chayes and Warren Professor of AmericanLegal History Morton J. Horwitz also signed it

The professors said the current facultyappointments committee should be replaced by a newcommittee, "committed as a first order of businessto the creation of a truly diverse and broadlyrepresentative Faculty."

The letter was the latest sign ofdissatisfaction with the way Clark handled theparody incident in particular, and demands forincreased faculty diversity in general. Ninestudent groups called for Clark to resign lastweek.

The dean issued two statements condemning theparody in the week after its release, but saidyesterday that the students responsible would notbe disciplined.

Tyler Professor of Constitutional Law LaurenceH. Tribe who also signed the letter, said in aninterview yesterday that Clark's response to theFrug parody was insufficient.

The 15 law scholars said the spoof was not aone-time incident perpetrated by a fewindividuals, but was a "symptom of a much widerproblem."

We are told that throughout this academic yearmany students have experienced the Reviews,like much of the Law School, as an environmentthat is seriously hostile to women," the lettersays.

In a letter to the community yesterday, Clarkargued that he parody did not represent the viewsof many at the school.

"We can do much more to foster respect across,gender and other lines here, but to state theparody reflects misogynistic attitudes shared bymany is unfair," Clark said.

Clark said he does not plan to discipline thewriters of the parody, saying their freedom ofexpression is protected. He also announced plansto hold an open forum for faculty and students todiscuss the sense of community at the Law School.

Clark said he disagreed with the proposal tocreate a new appointments committee, stating themove "would set us back, not forward."

Clarter Professor of Jurisprudence CharlesFried, in a separate letter to the communityyesterday, also said he saw no connection betweenthe Revue episode and larger problems atLaw School.

"There is about as much connection between theRevue and our hiring policy as there isbetween members' overdrafts in the House bank andthe budget deficit," Fried said.

Student suing the school for discrimination infaculty hiring said yesterday that the letter fromthe 15 professors would significantly help theircase.

"It's a public admission on the part of some ofthe defendants that there is discrimination goingon in Law School hiring," said Caroline C.Wittcoff, A third-year law student who argued thecase before the Supreme Judicial Court ofMassachusetts.

The professors call for the Law School torecognize "the prejudices that infect ourFaculty's continued failure to appreciate both theneed for diversity and the capacity of members ofdiverse in our society."

Wittcoff said the statement will be crucial inproving discrimination if the court permits thestudents to proceed with the case.

Wittcoff said the letter is crucial because"they debunk the myth of the pool problem." Inaddition, the letter shows that one-third of thefaculty believes that the school can created amore diverse faculty without sacrificing academicexcellence, she said.

The professors also acknowledged that studentswere injured by a discriminatory hiring process,Wittcoff said, a point which is crucial to theirargument.

The 15 professors said the appointment of twowomen to tenure tracked posts next year is notenough to solve the problem of "lopsided hiring."

But Fried argued that the two appointmentsrepresented a positive trend towards more womenappointees.

Of the 64 tenure and tenure tracked-faculty atthe Law School, six are Black men and five arewhite women.

Five other law professors signed a secondletter which said they agreed with the viewsexpressed by the 15 processors but disagreed withhow change should be implemented.

Professors of Law Richard H. Fallon, who signedthe second letter, said he did not believe the LawSchool should investigate parody incident. "Ithink the less supervision over the LawReview the better," Fallon said.

Stimson Professor of Law William P. Alford,Professor of Law Charles R. Nesson, SmithProfessor of Law Henry J.Steiner and Toroff-GlueckProfessor of Law and Psychiatry Alan A. Stone alsosigned the second letter.

In addition to Edley, Kennedy, Michelman and Tribe, Professors of Law Elizabeth Bartholet, Gary Bellow, David A. Charny, Martha A. Field, William W. Fisher III, David W. Kennedy, Richard D. Parker and Lewis D. Sargentich signed the first letter.

Brandeis Professor of Law EmeritusCharles M. Haar, Frankfurter Professor of LawAbram Chayes and Warren Professor of AmericanLegal History Morton J. Horwitz also signed it