by David Garrow
The literature plumbing the substance and impact of Roberto Unger’s scholarly writings is truly vast. From the perspective of 1988, the best frame of reference for grasping Unger’s import is offered by the fourteen articles that comprise the Summer 1987 issue (Vol. 81, No. 4) of Northwestern University Law Review. See also Eyal Press, “The Passion of Roberto Unger,” Lingua Franca, March 1999. Regarding BLSA, no other issues of BLSA Memo are held by the HLS Archives, and no African American law student from 1988–91 recalls any BLSA newsletter.
2. HLS Adviser, Vol. 20, #1, 1 September 1988, p. 5; Harvard Law School 1988–89 Catalog, pp. 22–24; Harvard Law School First Year Students 1988–1989, Rob Fisher Papers [RFP]; Section 3 List (incomplete—99 names), Gina Torielli Papers [GTP]; Robert M. Fisher, The Logic of Economic Discovery: Neoclassical Economics and the Marginal Revolution (NYU Press, 1986), esp. chapter 2; A. W. Coats, review of The Logic of Economic Discovery, Kyklos 40 (March 1987): 118–19; Philip Mirowski, review of The Logic of Economic Discovery, Journal of Economic History 47 (March 1987): 295–96; P. J. Eijgelshoven, review, De Economist 135 (July 1987): 257–59 (“clearly written”); DJG interviews with Rob Fisher, Richard Cloobeck, Eric Collins, Diana Derycz-Kessler, Mark Kozlowski, Jennifer (Radding) Gardner Trulson, Sarah Leah Whitson, and Scott Becker.
On Lakatos, see especially his own posthumous Proofs and Refutations: The Logic of Mathematical Discovery (Cambridge University Press, 1976), Jancis Long, “Lakatos in Hungary,” Philosophy of the Social Sciences 28 (June 1998): 244–311, Matteo Motterlini, ed., For and Against Method (University of Chicago Press, 1999), John Kadvany, Imre Lakatos and the Guises of Reason (Duke University Press, 2001), Alex Bandy, Chocolate and Chess: Unlocking Lakatos (Akademiai Kiado, 2010), and Kadvany, “Chocolate and Chess (Unlocking Lakatos),” Philosophy of the Social Sciences 42 (June 2012): 276–86.
3. HLS Schedule of Courses 1988–89, HLSA; HLS Adviser, #1, 1 September 1988, pp. 6–7; Ian R. Macneil, Contracts: Exchange Transactions and Relations, 2nd ed. (Foundation Press, 1987), pp. xvii, xix; DJG interviews with Alicia Rubin Yamin, Michelle Jacobs DeLong, David Attisani, Eric Collins, Richard Cloobeck, Amy Christian McCormick, Lisa Hay, Martin Siegel, Mark Kozlowski, Morris Ratner, David Troutt, Paolo Di Rosa, Jennifer (Radding) Gardner Trulson, Greg Sater, Sarah Leah Whitson, Rob Fisher, Tim Driscoll, Gina Torielli, Jackie Fuchs, Shannon Schmoyer, Steve Berkow, Diana Derycz-Kessler, Ken Mack, Lauren Ezrol Klein, Sima Sarrafan, Erin Edmonds, David Smail, Leonard Feldman, Lisa Paget-Kahn, Jonathan Z. King, and Yi-Fun Hsueh.
4. Melanie Eversley, “Best Supporting Actor,” The Root, 1 October 2008; Obama in Meg Vaillancourt, “Derrick Bell Threatens to Leave Harvard,” Ten O’Clock News, WGBH, 24 April 1990, bostonlocaltv.org; Dawn Ross, “Program Offers Minority Survival Kit,” HLRec, 30 September 1988, p. 3; “Obama Mentor Charles Ogletree Shares Insight on Our President,” Essence.com, 16 December 2009; DJG interviews with (Frank) Hill Harper, Kevin Little, Leon Bechet, Kenny Smith, David Hill, Jeffrey Selbin, Paolo Di Rosa, Jan-Michele Lemon Kearney, Ursula Dudley Oglesby, Cassandra Butts, Sheryll Cashin, Christine Lee, Alan Jenkins, and Erin Edmonds.
5. DJG interviews with Sheila Jager, Asif Agha, Rob Fisher, and Cassandra Butts.
6. Three Speech #1, 26 September 1988, #2, 2 October 1988, #3, 11 October 1988, #4, 17 October 1988, #5, 25 October 1988, #6, 31 October 1988, #7, 7 November 1988, #8, 15 November 1988, #9, 22 November 1988, #10, 6 December 1988, #11, 13 December 1988, #12, 14 December 1988, Mark Kozlowski Papers [MKP]; King, “Few Neighbors Recall Obama,” Somerville Times, 19 May 2013; George P. Hassett, “Obama Finally Pays Local Parking Tickets,” Somerville News, 7 March 2007; David Abel, “Obama Paid Late Parking Tickets,” BG, 8 March 2007, p. B1; Rudy Rodriguez, “Federalists Cry Foul Over Coalition Seat Assignments,” HLRec, 21 October 1988; Tara A. Nayak, “Sitting In and Speaking Out in a Search for Change,” HLRec, 8 June 1989; Andrew Blake, “Jackson, in N.E., Stresses Priorities Over Passion,” BG, 25 October 1988, p. 12; Joanne Ball, “Report Urges More Blacks on Faculty at Harvard,” BG, 25 October 1988, p. 17; Erick Hachenburg, “HLS Students Not Afraid of ‘L’ Word,” HLRec, 4 November 1988, p. 1; Jonathan S. Cohn, “Law Profs Debate Dean’s Role,” HC, 17 November 1988; Allan R. Gold, “Harvard Awaits Appointment of New Law Dean,” NYT, 2 December 1988, p. B9; Kahlenberg, Broken Contract, pp. 166–67; Ken Mack in “Barack Obama Before He Was a Rising Political Star,” Journal of Blacks in Higher Education, Autumn 2004, pp. 99–101; Mack, remarks at John F. Kennedy School of Government, 9 April 2007; Mack, “Even at Harvard, Obama Had a Knack for Bonding with Diverse People,” Harrisburg Patriot-News, 17 February 2008; Mack on Anderson Cooper 360, CNN, 15 April 2008; Mack’s 2012 interview with Jim Gilmore; Joe Fernandez and Emily Maranjian in M. Charles Bakst, “Brown Coach Robinson a Strong Voice for Brother-in-Law Obama,” Providence Journal, 20 May 2007, p. D1; Lisa Hay on Neal Conan, “Who Is Barack Obama?,” Talk of the Nation, NPR, 19 August 2008; Ayelet Waldman in Mark Matthews, “Classmate Speaks Fondly of Obama,” KGO-TV, San Francisco, 25 August 2008; Jackie Fuchs, “Why Barack Obama Reminds Me of Joan Jett,” Huffington Post, 26 August 2008; Jerry Sorkin, “The Great Obama,” NouvelleBlogger, 8 November 2008; Donald Gaffney in Don J. DeBenedictis, “Judicial Profile: Hon. Donald F. Gaffney,” Los Angeles Daily Journal, 16 March 2009; Edward Felsenthal in Richard Alley, “Edward Felsenthal Tames Web,” Memphis Commercial Appeal, 8 November 2009; Clifford Krauss, “Lawyer Who Beat Chevron in Ecuador Faces Trial of His Own,” NYT, 31 July 2013; DJG interviews with David Shapiro, Morris Ratner, Edward Felsenthal, Jackie Fuchs, Brad Wiegmann, Ken Mack, Jan-Michele Lemon Kearney, Jeffrey Ellman, Steven Heinen, Paolo Di Rosa, Sarah Leah Whitson, Richard Cloobeck, Rob Fisher, Amy Christian McCormick, Sherry Colb, Roger Boord, Jonathan Z. King, Sima Sarrafan, Alicia Rubin Yamin, David Troutt, Lisa Paget-Kahn, Martin Siegel, Scott Sherman, Steven Berkow, Greg Sater, David Attisani, Timothy Driscoll, Jennifer (Radding) Gardner Trulson, Erin Edmonds, Lauren Ezrol Klein, John “Vince” Eagan, Jackie Fuchs, Gina Torielli, Roger Boord, David Smail, Leonard Feldman, Lisa Hay, Diana Derycz-Kessler, Yi-Fun Hsueh, and Rachel Cano. For a professorial discussion of gunners and “turkey bingo,” see Robert M. Lloyd, “Why Every Student Should Be a Gunner,” University of Tennessee College of Law, 16 September 2011.
7. Three Speech #3, 11 October 1988, #6, 31 October 1988, MKP; David Rosenberg, “The Causal Connection in Mass Exposure Cases: A ‘Public Law’ Vision of the Tort System,” HLR 97 (February 1984): 849–929, esp. 928; Rosenberg, “The Dusting of America: A Story of Asbestos—Carnage, Cover-Up, and Litigation,” HLR 99 (May 1986): 1693–1706; Rosenberg, “Of End Games and Openings in Mass Tort Cases: Lessons From a Special Master,” Boston University Law Review 69 (May 1989): 695–730, esp. 695 and 698; DJG interviews with Rob Fisher, David Rosenberg, Mark Kozlowski, Richard Cloobeck, Amy Christian McCormick, Eric Collins, David Attisani, Alicia Rubin Yamin, Steven Berkow, Diana Derycz-Kessler, and Jennifer Gardner Trulson.
8. Harvard Law School 1988–89 Catalog, esp. p. 5; HLS Adviser #2, 2 September 1988, p. 2; Harvard Law School Yearbook 1989, pp. 14, 145 (Obama fails to appear in the alphabetical presentation of the 1991 class); HLS Schedule of Courses 1988–89, HLSA; Mary Mitchell, “Memoir of a 21st Century History Maker,” Black Issues Book Review, January–February 2005, pp. 18–21; Cassandra Butts in David Mendell, From Promise to Power (Amistad, 2007), p. 92, on NPR’s “Tell Me More,” 22 February 2007, in Larissa MacFarquhar’s superb “The Conciliator: Where Is Barack Obama Coming From?,” New Yorker, 7 May 2007, pp. 48ff., and in John Heilemann, “When They Were Young,” New York Magazine, 22 October 2007; DJG, BTC, p. 7; Butts’s July 2008 interview with Jim Gilmore; Gina Torielli in David Jackson and Ray Long, “Obama Knows His Way Around a Ballot,” CT, 4 April 2007; Jackie Fuchs, “Why Barack Obama Reminds Me of Joan Jett,” Huffington Post, 26 August 2008; Maina Kiai, “Kenya: Learning from the Obama Campaign,” Nairobi Star, 9 September 2008; Richard Mauer, “Path Cleared in Ice, Whales Swim Free,” NYT, 27 October 1988; C
assandra Butts in Linda Kramer Jenning, “Meet the Women Who Can Handle Anything!,” Glamour, February 2009; DJG interviews with Kenny Smith, Paolo Di Rosa, Brad Wiegmann, Martin Siegel, Steven Berkow, Tim Driscoll, Greg Sater, Rob Fisher, Ken Rothwell, Cassandra Butts, Gina Torielli, David Troutt, Scott Sherman, Lisa Paget-Kahn, Ursula Dudley Oglesby, David Attisani, Sherry Colb, Jennifer Gardner Trulson, Mark Kozlowski, Sarah Leah Whitson, Rachel Cano, Diana Derycz-Kessler, Erin Edmonds, David Hill, Jackie Fuchs, Alan Jenkins, James Esseks, Scott Becker, Julius Genachowski, Dan Rabinovitz, and Thom Thacker.
9. Harvard Law School 1988–89 Catalog, esp. pp. 67–68 and 170; First Year Ames Committee to All Students in Sections I, III, and IV, “Dates for 1989 First-Year Ames,” 23 September 1988, and Board of Student Advisers First-Year Ames Committee to All Students in Sections I, III, and IV, “First-Year Ames Moot Court Program,” 31 October 1988, GTP; HLS Adviser #15, 8 December 1988, p. 4; Mahmood in Maraniss, BOTS, p. 497; “Civil Rights Organizer Al Raby, 55,” CT, 24 November 1988; Don Terry, “Albert Raby, Civil Rights Leader in Chicago with King, Dies at 55,” NYT; John Camper, “Al Raby’s Friends Tell of His Work,” CT, 30 November 1988; Judith S. Kleinfeld and Suzanne Yerian, eds., Gender Tales: Tensions in the Schools (St. Martin’s Press, 1995), pp. 179–92, at 182; Three Speech #10, 6 December 1988; DeBenedictis, “Judicial Profile: Hon. Donald F. Gaffney,” LADJ, 16 March 2009; Exams, Civil Procedure III and IV, 9 January 1989, Criminal Law III, 11 January 1989, and Torts IIIa, 13 January 1989, Harvard Law School Annual Examinations in Law 1988–89, pp. 19–23, 125–30, and 186–91; DJG interviews with Rob Fisher, Mark Kozlowski, Lisa Hertzer Schertler, Scott Becker, Beenu Mahmood, Asif Agha, Michelle Jacobs DeLong, Tim Driscoll, David Troutt, Scott Sherman, Gina Torielli, John Levi, and Geraldine Alexis.
10. “A Guide to Regional & Local Grantmakers,” [1988], p. 205 (noting a $25,000 Woods Fund grant to LIFT on 21 June 1988), Human SERVE Papers Box 16 Fld. 742; Stephen Rynkiewicz, “Back-to-Roots Look Could Spread Further,” CST, 6 November 1988; “Group Targets Abandoned, Run-Down Buildings,” Gary Post-Tribune [GPT], 5 February 1989; “Gary Gets a LIFT,” GPT, 8 February 1989; Woods Charitable Fund, Report for the Year 1989, esp. pp. 20–21; Wieboldt Foundation, Annual Report for 1989, p. 12; Peg Spindler in Jeff Manes, “‘Sister Peg’ Gives Her All for Those with Nothing,” GPT, 11 January 2009; Thomas D. Rush, Reality’s Pen: Reflections on Family, History & Culture (Mill City Press, 2012), pp. 55–56, 96–103, 231; Jerry Kellman’s 2008 inteview with Jim Gilmore; Greg Galluzzo’s 2009 interview with Don Elmer; Obama, TAOH, p. 328; DJG interviews with Jerry Kellman, Mike Kruglik, John Owens, Mary Gonzales, Greg Galluzzo, Danny Solis, Phil Mullins, Todd Dietterle, David Kindler, Betty Garrett, Aletha Strong Gibson, Dan Lee, Nadyne Griffin, Alvin Love, Desta Houston, Jean Rudd, Ken Rolling, Mary Ellen Montes, Thomas D. Rush, John Levi, and Geraldine Alexis.
Lena remarried in 1992, with George Schopp performing the ceremony. “Before I got married I felt it was important to throw away things,” namely “letters from Barack and postcards,” she explained in 2010. See also Ben Joravsky, “Trouble in Paradise,” CR, 25 July 1991, and Maria Elena Montes, “New Airport Offers South Side Hope,” CT, 14 February 1992. Additional spring 1989 GPT stories mentioning LIFT appeared on 19 February, 15, 21, and 27 March, 21, 25, and 27 April, and 10 and 13 May 1989.
On school reform developments during the last four months of 1988, see Karen M. Thomas, “School Reform Bill Is Amended,” CT, 27 September 1988, p. 1; Lynn Sweet and Linda Lenz, “Thompson Alters and Inks School Reform Bill,” CST, 27 September 1988, p. 7; Thomas and Jack Houston, “Teacher Union Vows to Fight Reform Bill,” CT, 28 September 1988, p. 6; Michael D. Klemens, “Governor Steps into Chicago School Reform,” Illinois Issues, November 1988, p. 25; Rob Karwath, “School Law Deal May Be Near,” CT, 24 November 1988, p. 6; Patricia Smith, “Kids Lobby for School Reform,” CST, 29 November 1988, p. 26; Daniel Egler and Jan Crawford, “School Reform Bill Approved,” CT, 2 December 1988, p. 1; Thomas, “City School Reform Is Signed into Law,” CT, 13 December 1988, p. 1; William Ayers, “Chicago’s Schools: The Real Work Can Get Underway,” CT, 19 December 1988, p. 19; Klemens, “Chicago School Reform Signed into Law,” Illinois Issues, January 1989, p. 28; David Bednarek, “Supporting Leaders for Tomorrow: Chicago Business Leadership and School Reform,” Institute for Educational Leadership, 1989, esp. pp. 21, 23; Donald R. Moore, “Voice and Choice in Chicago,” in Clune and Witte, eds., Choice and Control in American Education, Volume 2 (Falmer Press, 1990), pp. 171–72; Kyle and Kantowicz, Kids First, pp. 281–83; Jeffrey Mirel, “School Reform, Chicago Style: Educational Innovation in a Changing Urban Context, 1976–1991,” Urban Education 28 (July 1993): 116–49, esp. p. 137; and Rosetta Vasquez, Reforming Chicago Schools (LEPS Press, 1994), pp. 13–58. In context, see also John McCarron’s seven-part series of Chicago Tribune articles, “Chicago on Hold: The New Politics of Poverty,” which ran from 28 August 1988 through 4 September 1988, with the first (“‘Reform’ Takes Cost Toll,” 28 August) and seventh (Patrick Reardon and McCarron, “City Leaders Blew Schools Reform Chances,” 4 September 1988) addressing schools. See as well McCarron, “The Timid City,” CT, 4 September 1988, p. 1; “Exploiting the Housing Shortage,” CT, 7 September 1988, p. 20; Robert Mier, “City Official Rebuts Tribune’s Development Series,” CT, 16 October 1988, p. P1; and McCarron’s response to Mier, “It’s Past Time We Saw Some Results,” CT, 16 October 1988, p. P6.
11. Harvard Law School 1988–89 Catalog, esp. p. 71; HLS Adviser #19, 12 January 1989, p. 3; Syllabus, American Legal History: 1760–1900, Spring 1989, William “Terry” Fisher Papers; Three Speech #13, 25 January 1989, Three Speech #14, 2 February 1989, MKP; HLS Adviser #23, 9 February 1989, pp. 3–4; Three Speech #15, 14 February 1989, MKP; HLS Adviser #24, 16 February 1989, p. 3; HLS Adviser #25, 23 February 1989, p. 2; Three Speech #16, 3 March 1989, Three Speech #17, 27 April 1989, Three Speech #18, 9 May 1989, Three Screech #666 Abort Section 3 (by Jackie Fuchs), MKP; Paul Hutcheon, “The Scottish Professor Who Moulded the Young Obama,” Scotland Sunday Herald, 8 June 2008; DJG interviews with Rob Fisher, Mark Kozlowski, Cassandra Butts, David Attisani, Leonard Feldman, David Troutt, Jackie Fuchs, Jennifer Gardner Trulson, Martin Siegel, Sherry Colb, Paolo Di Rosa, Rob Fisher, Ken Mack, Richard Cloobeck, Edward Felsenthal, Tim Driscoll, Shannon Schmoyer, Roger Boord, Jan-Michele Lemon Kearney, Brad Wiegmann, and Steven Heinen. Glendon refuses to respond to requests to comment about her recollections of Obama. See Glendon’s 27 April 2009 letter to University of Notre Dame president Father John Jenkins, declining to receive an honorary medal because her former student, whom she called “a prominent and uncompromising opponent of the Church’s position on issues involving fundamental principles of justice,” would be delivering the commencement address on the same platform. “Declining Notre Dame,” FirstThings.com.
12. Troy Morgan, “Minority President, Supervising Editor Elected to Review,” HLRec, 17 February 1989, pp. 1, 12; Tara A. Nayak, “Law Review Chooses Masthead,” HC, 8 March 1989; Nayak, “Law School Dean Search Near Finish,” HC, 1 February 1989; Jonathan S. Cohn, “Committee Was Wary of Clark,” HC, 17 February 1989; Linda Matchan, “Conservative to Head Harvard Law,” BG, 18 February 1989, p. 1; Allan Gold, “Traditionalist Is Named as Harvard Law Dean,” NYT, 18 February 1989; Cohn and Nayak, “Clark Appointment Made Official,” and Cohn, “Bok Opts for ‘Character’ Over Consensus,” HC, 18 February 1989; “Lux et Veritas Redux?,” WSJ, 23 February 1989, p. 15; “Bok Taps Clark as New Dean,” “Faculty Reactions Range From Praise to Scorn,” and “Clark Responds to Charges of Faculty Divisiveness,” HLRec, 24 February 1989, pp. 1, 5, 8–10, 16; “Students Meet with Clark,” HC, 1 March 1989; Lisa Green Markoff, “Harvard’s New Leader,” Legal Times [LT], 6 March 1989, p. 4; Markoff, “Can New Harvard Dean Bring On a Calmer, Gentler Atmosphere?,” LT, 20 March 1989, p. 4; Nayak, “HLS Students Protest Lack of Hispanic Profs,” HC, 23 March 1989; Cohn, “Divided Law Faculty Finishes a Chapter,” HC, 24 March 1989.
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br /> 13. HLS Adviser #25, 23 February 1989; Robert M. Fisher HLS Transcript; Kahlenberg, Broken Contract, p. 51, First-Year Ames Committee to All Students in Sections I, III, and IV, “Dates for 1989 First-Year Ames,” 23 September 1988, and Board of Student Advisers First-Year Ames Committee to All Students in Sections I, III, and IV, “First-Year Ames Moot Court Program,” 31 October 1988, GTP; “1988–89 Ames Case Descriptions,” n.d., “Indictment for Securities Fraud, United States of America v. Janine Egan,” 22 pp., Barack Obama, “Issues Analysis—Hertzer Team—Insider Trading Cases—BSA Advisor Becker,” n.d., 11 pp., and Barack Obama and Mark Kozlowski, U.S. Attorney’s Office—Appellee, “Brief for the Prosecution—Appellee,” Egan v. United States of America, Argument: March 23, 1989, Ames Courtroom, 7:30 P.M., 13 pp., Mark Kozlowski Papers; DJG interviews with Rob Fisher, Gina Torielli, Mark Kozlowski, Lisa Hertzer Schertler, and Scott Becker.
