{"id":150,"date":"2005-12-02T10:29:02","date_gmt":"2005-12-02T14:29:02","guid":{"rendered":"http:\/\/blogs.law.harvard.edu\/ecclog\/2005\/12\/02\/the-harvard-yale-dance\/"},"modified":"2005-12-02T10:29:02","modified_gmt":"2005-12-02T14:29:02","slug":"the-harvard-yale-dance","status":"publish","type":"post","link":"https:\/\/archive.blogs.harvard.edu\/ecclog\/2005\/12\/02\/the-harvard-yale-dance\/","title":{"rendered":"The Harvard-Yale Dance"},"content":{"rendered":"

<\/a><\/p>\n

It’s repeated ad infinitum<\/span> and it goes like this:<\/p>\n

HLS alum: Where’d you go to law school?
\nYale Law alum: In Connecticut, what about you?
\nHLS alum: Near Boston.<\/p>\n

Five minutes later…<\/p>\n

HLS alum: By Connecticut, do you mean Yale?
\nYale Law alum: Yeah.<\/p>\n

Five minutes later…<\/p>\n

Yale Law alum: Do you know so-and-so from BC?
\nHLS alum: Naw, I went to Harvard.<\/p>\n

Why do we engage is this awkward little dance?<\/p>\n

**<\/p>\n

Oh, and to you gumshoes out there, one of the Yale Law alums with whom
\nI’ve had this conversation is looking through some public documents
\nthat relate to Alito’s position on this 1985 case, Tennessee v. Garner<\/a>,
\nwhich held that police may not use deadly force in stopping a fleeing
\nfelon unless there is reason to believe that the individual threatens
\nthe life of officers and the others.  Alito drafted a memo for the
\nSoliciter General’s office, urging them to file an amicus brief on
\nbehalf of Tenneesee, that advocated the use of deadly force even if the
\nofficer had no reason to believe that the individual posed any danger
\nto others.  The pre-Garner rule was a bit troubling, because
\nofficers tended to shoot at black and white fleeing suspects at equal
\npercentages when they had a reasonable belief of danger to their lives
\nor to the lives of others, but when they had no reason to believe the
\nfleeing suspect was dangerous, they shot 12 black suspects or every 1
\nwhite suspect.  I haven’t seen this story in the news yet, and I
\nthink that Alito’s memo would make a very good non-Roe story. (I can
\nhear Reverend Sharpton’s soundbite now, “Alito said it’s okay for the
\npolice to shoot unarmed Black people.”)<\/p>\n

Edit: Also, I remember the discussion of Garner <\/span>in my Crim law class.  Professor Randall Kennedy<\/a>
\nasked, “If you’re a Black man in America, and you haven’t done anything
\nwrong, and you see a cop, isn’t running away a pretty logical response?”<\/p>\n

Here’s an older Scalito post<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

It’s repeated ad infinitum and it goes like this: HLS alum: Where’d you go to law school? Yale Law alum: In Connecticut, what about you? HLS alum: Near Boston. Five minutes later… HLS alum: By Connecticut, do you mean Yale? Yale Law alum: Yeah. Five minutes later… Yale Law alum: Do you know so-and-so from […]<\/p>\n","protected":false},"author":121,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[186],"tags":[],"class_list":["post-150","post","type-post","status-publish","format-standard","hentry","category-legalese"],"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/archive.blogs.harvard.edu\/ecclog\/wp-json\/wp\/v2\/posts\/150","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/archive.blogs.harvard.edu\/ecclog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/archive.blogs.harvard.edu\/ecclog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/ecclog\/wp-json\/wp\/v2\/users\/121"}],"replies":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/ecclog\/wp-json\/wp\/v2\/comments?post=150"}],"version-history":[{"count":0,"href":"https:\/\/archive.blogs.harvard.edu\/ecclog\/wp-json\/wp\/v2\/posts\/150\/revisions"}],"wp:attachment":[{"href":"https:\/\/archive.blogs.harvard.edu\/ecclog\/wp-json\/wp\/v2\/media?parent=150"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/ecclog\/wp-json\/wp\/v2\/categories?post=150"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/ecclog\/wp-json\/wp\/v2\/tags?post=150"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}