Date: Fri, 21 Sep 2001 08:39:53 -0400
To: trakoff@law.harvard.edu,
    nesson@law.harvard.edu,
    ogletree@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, ogletree@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)" <ogletree@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: ogletree@law.harvard.edu
Cc: nochuck@aol.com,
    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 nochuck@aol.com 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 nochuck@aol.com .

Charles Ogletree

*******

Date: Fri, 21 Sep 2001 16:33:09 -0400
Subject: Re: Jesse Jackson speech-Ogletree's  Response
To: ogletree@law.harvard.edu,
    trakoff@law.harvard.edu,
    nesson@law.harvard.edu,
    kane@law.harvard.edu
From: warren@law.harvard.edu
Cc: nochuck@aol.com,
    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: NOCHUCK@aol.com
To: warren@law.harvard.edu,
    ogletree@law.harvard.edu,
    trakoff@law.harvard.edu,
    nesson@law.harvard.edu,
    kane@law.harvard.edu
Cc: smonagha@law.harvard.edu,
    NOCHUCK@aol.com

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: NOCHUCK@aol.com,
    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: nochuck@aol.com

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: NOCHUCK@aol.com
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: noCHUCK@aol.com

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: noCHUCK@aol.com


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 downSharing 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: NOCHUCK@aol.com

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: NOCHUCK@aol.com
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