Fried Asks For Return To HLS Faculty

After three years on the Massachusetts Supreme Judicial Court, conservative firebrand and former Harvard Law School (HLS) professor Charles Fried may soon be returning to a full-time teaching post.

Sources at HLS told The Crimson yesterday that Fried, 63, recently asked to be reinstated as a member of the Law School faculty. Fried left his position as Carter professor of general jurisprudence in 1995, when his former student and former Bay State Governor William F. Weld '66 appointed him to the seven-member court.

Fried underwent a heart valve operation in 1997, and sources say health concerns are motivating his departure from the bench.

Before joining the court in 1995, Fried taught 30 years at HLS and served a four-year stint as U.S. solicitor general under President Reagan ending in 1989.

"He is a prolific and well-respected scholar," said Professor of Law Richard H. Fallon Jr. "He will contribute diversity to the range of views we present our students."

Fried's return would provide a vociferous conservative voice at HLS. While scholars often battle over the definition of legal conservatives, few doubt that Fried falls within their ranks.

"There are a range of litmus test issues," said Fallon, a 17-year veteran at HLS. "He has been insistent that the executive branch be subject to the unitary control of the president. With respect to free speech issues, he has been very skeptical of the notion that it is permissible to restrain hate speech or sexually harassing speech without infringing on the First Amendment."

The New York Times once charged that Fried "usually managed to have somebody mad at him," and his appointment to the bench was surrounded by controversy over his alleged hostility to minorities.

"He is very skeptical of the constitutionality of affirmative action," Fallon said when asked about such hostility.

Fried spearheaded the Reagan administration's assault on the Roe v.Wade decision, and he vociferously opposesaffirmative action programs that advocate officialfavoritism for blacks.

Fried, who taught a course on Roman law at HLS,distinguished himself on the court with hisacademic flair and frequent quotations from Danteand Kant.

With three other members of the court scheduledto retire before 2002, Acting Governor A. PaulCelucci now has the opportunity to substantivelyshape the court.

Opponents allege Celucci will pack the courtwith death penalty advocates but he says thedecisions will not be so simple.

Fried currently has emeritus status at HLS,which allows him to teach a reduced course load.

While on the court, he remained a presence atHLS, but the Law School enforces a "two-year rule"under which professors relinquish their chairsafter two years of leave. In order to return tohis original position, Fried must go through areinstatement process.

"A situation such as Fried's is not unusual,"said HLS spokesperson Michael J. Chmura, referringto his extended absence. "It usually occurs when aprofessor spends time in Washington."

Chmura said the University can make no specificcomments until the appointment is made

Fried, who taught a course on Roman law at HLS,distinguished himself on the court with hisacademic flair and frequent quotations from Danteand Kant.

With three other members of the court scheduledto retire before 2002, Acting Governor A. PaulCelucci now has the opportunity to substantivelyshape the court.

Opponents allege Celucci will pack the courtwith death penalty advocates but he says thedecisions will not be so simple.

Fried currently has emeritus status at HLS,which allows him to teach a reduced course load.

While on the court, he remained a presence atHLS, but the Law School enforces a "two-year rule"under which professors relinquish their chairsafter two years of leave. In order to return tohis original position, Fried must go through areinstatement process.

"A situation such as Fried's is not unusual,"said HLS spokesperson Michael J. Chmura, referringto his extended absence. "It usually occurs when aprofessor spends time in Washington."

Chmura said the University can make no specificcomments until the appointment is made