Date: Fri, 21 Sep 2001 08:39:53 -0400
To: trakoff@law.harvard.edu,
nesson@law.harvard.edu,
[redacted]@law.harvard.edu,
kane@law.harvard.edu
From: warren@law.harvard.edu
Gentlemen,
I have just received Law School mail indicating that Charles has scheduled
a speech by Jesse Jackson at 8 am on Monday, September
24, precisely when my Taxation class meets. I would have thought that
we had a policy against scheduling outside speakers
during regularly scheduled classes. I simply
do not understand why the Law School administration would create an incentive
for students not to attend classes.
I am delighted that Jesse Jackson will speak at the Law School, but I do not
think that he, or any other outside speaker, should be scheduled to create a
direct conflict with Law School classes.
Accordingly, I respectfully request: (a) that
Mr. Jackson's appearance be rescheduled to a day
and time that does not conflict with regularly scheduled classes, and
(b) that the Law School administration confirm that other outside speakers
will not be given Law School space during hours in which regularly scheduled
classes meet.
If the view of the administration is that it is appropriate to schedule outside
speakers to conflict with classes, I would appreciate a message to that effect,
so that I can ask for faculty consideration of the matter.
-- Alvin Warren
***********
Date: Fri, 21 Sep 2001
To: warren@law.harvard.edu
From: nesson@law.harvard.edu
cc trakoff@law.harvard.edu, [redacted]@law.harvard.edu,
kane@law.harvard.edu
Gentlemen,
I am in similar position with Al. My Evidence class starts at 8:30 a.m.
I do not ask that the Jackson event be rescheduled, but join Al in asking that
such scheduling conflicts with scheduled classes be generally considered inappropriate.
-- charley
**************
Date: Fri, 21 Sep 2001 14:08:42 -0400
To: nesson@law.harvard.edu
From: warren@law.harvard.edu
Charley,
Thanks for signing on. BTW, how did you know about my message?
I would have circulated it if I had had the sense to look first at the teaching
schedule. Hence the further message below.
-- Al
*********
To: warren@law.harvard.edu
From: nesson@law.harvard.edu
It came to me as an addressee.
**************
Date: Fri, 21 Sep 2001 14:19:04 -0400
Sender: warren@law.harvard.edu
To: nesson@law.harvard.edu
From: warren@law.harvard.edu
How fortuitous! I must have clicked on "Nesson" by accident at the same
time I clicked on "Ogletree" in my alphabetical list of names.
-- Al
********
Date: Fri, 21 Sep 2001 14:07:08 -0400
To: trakoff@law.harvard.edu (Todd Rakoff), nesson@law.harvard.edu
(Charles Nesson), "Charles J Ogletree (Prof)" <[redacted]@law.harvard.edu>,
kane@law.harvard.edu (Stephen Kane)
From: Alvin Warren <warren@law.harvard.edu>
Subject: More on the Jesse Jackson speech
Gentlemen,
Having received Charley Nesson's message, it now seems to me that we need to
know how many classes conflict with the Jackson speech. Assuming
that the event will finish after 9, but before 10, could Steve tell us how many
classes and how many students will be affected? If it is a significant
number, I think that the speech, of which we received
notice only today, should be rescheduled to a
date and time when there is less conflict.
Otherwise, the students will understand the position of the Law School administration
to be that regularly scheduled classes are not important enough to be given
much priority. That is not a message that is consistent with our educational
mission.
-- Alvin Warren
******
Date: Fri, 21 Sep 2001 15:36:41 -0400
To: warren@law.harvard.edu,
trakoff@law.harvard.edu,
nesson@law.harvard.edu,
kane@law.harvard.edu
From: [redacted]@law.harvard.edu
Cc: [redacted],
smonagha@law.harvard.edu
Al: thanks for your email message. Since I do
not check this one and frequently as I should, and, as a result,
just received it. the best way to reach me during my sabbatical is at the [redacted]
email address. As to your larger, concern, You have no
quarrel with me. If you examine the
14 year history of the Saturday School program,
every single event has been held on weekends,
evenings, or, as a last resort,,
weekdays at lunch. I want to avoid conflicts
with classes to the extent possible, though, under our scheduling arrangements,
classes are now held into the evenings every weekday. Reverend Jackson
is in Boston for another event, and could only appear during the early morning
hours. I contacted the Registrar's office, and there are no Monday morning
classes in Austin Hall that are affected. My preference would be to have him
speak at another time, but that was simply not possible.
I
do not oppose a general rule to avoid outside, or even inside speakers
during times that conflict with classes. That could be generally enforceable
if you recommend that we ban morning speakers. It could prove exceedingly difficult
if you try to ban afternoon speakers. In any event,
I completely agree with the spirit of your concerns,
I share them, apologize
for this unique inconvenience, and
will NOT schedule any future sessions during the mornings or early afternoon.
By the way, we are also webcasting this event, which will allow students, or
others to watch it at a later time. That information is available on the Saturday
School web site. Again, my apologies for this unanticipated problem.
P.S. Again, my preferred email address is [redacted].
Charles Ogletree
*******
Date: Fri, 21 Sep 2001 16:33:09 -0400
Subject: Re: Jesse Jackson speech-Ogletree's Response
To: [redacted]@law.harvard.edu,
trakoff@law.harvard.edu,
nesson@law.harvard.edu,
kane@law.harvard.edu
From: warren@law.harvard.edu
Cc: [redacted],
smonagha@law.harvard.edu
Charles,
Thank you for your message apologizing
for having scheduled a speech by a major public figure in a Law School classroom
during regular class hours. Unfortunately, the
apology does nothing to reduce the conflict you have created for about
10 courses (based on a quick reading of the schedule), which probably include
hundreds of students. The disruption
to the School's educational program is, of course, exacerbated
by the fact that there was no notice of the event
until today. As I said in my original message, I am delighted that HLS
students can be exposed to Rev. Jackson and other famous public figures, but
that exposure should not interfere with our educational program.
How should an adversely affected faculty member
understand your action in scheduling the event at this hour and in this way?
For me, the unavoidable, and very sad impression
is one of utter disregard on your part for both
the School's educational program and for your colleague's teaching commitments.
To respond that the famous speaker's busy schedule dictated this result simply
reinforces that impression.
-- Al
*******
Date: Sat, 22 Sep 2001 00:46:05 -0400
Subject: Re: Jesse Jackson speech-Ogletree's further Response
From: [redacted]
To: warren@law.harvard.edu,
[redacted]@law.harvard.edu,
trakoff@law.harvard.edu,
nesson@law.harvard.edu,
kane@law.harvard.edu
Cc: smonagha@law.harvard.edu,
[redacted]
Al: I have been traveling today, and
just retrieved your latest message. I have apologized for this unique set of
circumstances, but I'm not prepared to kiss your ass.
Your response is not only insulting, but questions
my motives and integrity.
Whether you intended it or not, you are mean spirited
and unfair. Your whining
also ignores some fundamental absolutes: There is no time that a speaker can
visit the Law School that will not inconvenience some colleagues, and students.
Moreover, the last time I checked, the nearly 2000 enrolled students at Harvard
Law School are all adults, and certainly are capable
of making a choice between an 8 am Tax class,
Rev. Jesse Jackson, sleeping in on Monday, doing laundry, or attending to an
undisclosed part-time job to make money and pay their tuition. Let's be sensible
in our discussions concerning whether any student is being forced to miss a
class, and compromise Harvard's educational missio! n. You can target me if
you wish, but I actually have more important things to do than respond to such
ill advised, and juvenile email messages. I'm not the reason students choose,
of their own will, to miss a class.
THIS IS NOT A MANDATORY LECTURE, NOR IS
ANYONE FORCED TO MISS A CLASS BY BEING COERCED TO ATTEND A LECTURE. IT IS
FREE, OPEN TO THE PUBLIC, AND PEOPLE VOLUNTARILY
APPEAR. IF YOU EXAMINE THE CLASS SCHEDULE FOR OUR VARIOUS STUDENTS, THERE IS
LITTLE REASON TO BELIEVE THAT 8 AM IS NECESSARILY A GREATER CONFLICT THAN 10
AM, 4 PM, OR 6 PM.
I HAVE DONE MY BEST
TO BE APOLOGETIC, REMORSEFUL, AND TO INSURE THAT THIS DOES NOT OCCUR AGAIN.
YOUR BLUNT RESPONSE SIMPLY ILLUSTRATES, AND REINFORCES THE PREVAILING
VIEW OF WHY SO MANY PEOPLE FIND HARVARD LAW SCHOOL INTOLERABLE, AND POINT TO
THE FACULTY AS A CRITICAL COMPONENT OF OUR PROBLEM. YOU MAY WISH TO CONTINUE
THIS DIATRIBE. SO BE IT. AS FOR ME, I DO NOT WISH TO DISCUSS THIS MATTER WITH
YOU ANY FURTHER. THERE ARE OTHER IMPORTANT MATTERS THAT DEMAND MY ATTENTION
AT THE MOMENT, AND RESPONDING TO THIS CONVERSATION IS COUNTERPRODUCTIVE.
AS I HAVE ALREADY INDICATED TO ANYONE INTERESTED
IN SERIOUS PROBLEM SOLVING, I WILL ANNOUNCE THE
WEBCAST ARRANGEMENTS THAT ALLOW ALL STUDENTS TO ATTEND THEIR SCHEDULED CLASSES,
AND VIEW THE MORNING PRESENTATION AT THEIR CONVENIENCE. PEACE, MY BROTHER. OUT.
CHARLES OGLETREE
**************
Date: Sat, 22 Sep 2001 09:21:36 -0400
Subject: Re: Jesse Jackson speech-Ogletree's further Response
Sender: warren@law.harvard.edu
To: [redacted],
trakoff@law.harvard.edu,
nesson@law.harvard.edu,
kane@law.harvard.edu
From: warren@law.harvard.edu
Charles,
I am sorry that you took such umbrage
at my message. On rereading that message, I find that I (a) stated some
facts (you have caused
disruption to the educational program) and (b) asked how
adversely affected colleagues should understand your action (surely a
reasonable inquiry by those adversely affected). I said that my impression
was one of disregard on your part for the School's
educational program (no consultation with the
JD Dean) and for your colleagues' teaching commitments
(no consultation with adversely affected colleagues). Speaking the
truth is neither insulting nor harsh. You are, of course, entitled
to a contrary view (e.g., the busy schedule of a famous
speaker should take precedence over the HLS educational
program and your colleagues' teaching commitments), but those with views
different from your own should not be characterized as intolerable, mean spirited,
and unfair.
-- Al
**********
9/22/01 10:54 AM
To: warren@law.harvard.edu
From: nesson@law.harvard.edu
But Al, you tried to
stop the program. That, I feel, was not a friendly
response. That was the action of a victim lashing out to protect from
injury. That was also a bid on your part to become a villain in many people's
play, from which Todd wisely saved you, at least in my opinion. Charles had
explained and apologized, promised not to do it again.
Intolerable, mean spirited, and unfair
may be an escalation, but let us not lose sight in our righteousness of what
provokes it.
in friendship and collegial spirit
charley
**********
Date: Sat, 22 Sep 2001 12:33:52 -0400
To: nesson@law.harvard.edu
From: warren@law.harvard.edu
Fair, as usual! -- Al
***********
Date: Sat, 22 Sep 2001 13:24:10 -0400
To: [redacted]
From: Charles Nesson <nesson@law.harvard.edu>
Subject: FYI Re: Jesse Jackson speech-Ogletree's
further Response
Tree
I'd be curious to hear Al's last word
to you.
charley
**********
Date: Sun, 23 Sep
2001 01:31:40 -0400
Subject: Re: Jesse Jackson speech-Ogletree's further Response
From: [redacted]
To: nesson@law.harvard.edu
Peace to you, my Brother, Charlie (Charley?).
Well stated. I'm ready to leave
this place.
Tree
****
Date: Sun, 23 Sep
2001 07:22:44 -0400
To: warren@law.harvard.edu
From: Charles Nesson <nesson@law.harvard.edu>
Subject: Re: Jesse Jackson speech-Ogletree's
further Response
Cc: [redacted]
Al
How would you feel about
sharing our correspondence with our faculty?
With the world?
Have you spoken to each other?
charley
*******
Date: Sun, 23 Sep
2001 12:00:12 -0400
Subject: Re: Jesse Jackson speech-Ogletree's further Response
To: nesson@law.harvard.edu
From: warren@law.harvard.edu
Cc: [redacted]
Charley,
I think that
Charles has been traveling. I went to see him both before I sent
my original e-mail and after things hotted up,
but he wasn't in the office. (Of course, I wouldn't have expected him
there yesterday in any event, as his side of the floor was full of toxic fumes
from the mold removal project!)
I think it makes sense now for matters
to calm down. Sharing
our correspondence with the rest of the faculty
would have the opposite effect. Anyway, Todd has agreed that the
Legal Education Committee will consider the policy question of when speakers
should be scheduled in the future, which is the only open issue as far as I
am concerned.
-- Al
**********
Date: Sun, 23 Sep
2001 18:30:44 -0400
Subject: Re: Jesse Jackson speech-Ogletree's further Response
To: warren@law.harvard.edu
From: nesson@law.harvard.edu
cc: [redacted]
Al,
I think the issue, realistically speaking,
is whether the faculty hears it from us or from THE RECORD.
I'm delighted that you sought
Tree out for a face to face meeting. He
doesn't know that.
charley
**************
Date: Sun, 23 Sep
2001 01:44:42 -0400
Subject: Re: FYI Re: Jesse Jackson speech-Ogletree's further Response
From: [redacted]
To: nesson@law.harvard.edu
Charley:
I have heard nothing, and, sadly,
expect nothing. In fact, his
response to you, in his mind, is his
response to me. Anything that would
follow, at this juncture, would be
contrived. How little progress we seem to
make. It truly pains me to see the
different worlds we live in.
Remember when you,
Abe, and Jerry Frug literally took down the fences in
1993 to celebrate my unanimous tenure
decision, and welcomed my friends to
the Harvard family? It was the most
touching moment of my Harvard life. Some
people are willing
to look through, or over the fence, but not take it down.
Tree