Lewis Sargentich
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Lewis Daniel "Lew" Sargentich (b. 1944), frequently referred to simply as "Sarge", has been a
professor Professor (commonly abbreviated as Prof.) is an academic rank at universities and other post-secondary education and research institutions in most countries. Literally, ''professor'' derives from Latin as a "person who professes". Professors ...
at Harvard Law School since 1973 where he teaches courses
tort law A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishabl ...
and
jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning a ...
. Sargentich is well known for his record as a student at Harvard Law School, where he both named and first analyzed the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
"
overbreadth doctrine In American jurisprudence, the overbreadth doctrine is primarily concerned with facial challenges to laws under the First Amendment. Description When federal or state laws are challenged in the United States court system for their constitutiona ...
" in a student note. He graduated '' summa cum laude''. He co-authored the popular
tort law A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishabl ...
casebook A casebook is a type of textbook used primarily by students in law schools.Wayne L. Anderson and Marilyn J. Headrick, The Legal Profession: Is it for you?' (Cincinnati: Thomson Executive Press, 1996), 83. Rather than simply laying out the legal do ...
br>''Tort and Accident Law: Cases and Materials''
with Gregory Keating and
Robert Keeton Robert Ernest Keeton (December 16, 1919 – July 2, 2007) was an American lawyer, jurist, and legal scholar. As a law professor at Harvard Law School and a United States district judge of the United States District Court for the District of Mas ...
.


Biography


Early life

He grew up in Alhambra, California, and is the son of Peggy and Daniel Sargentich, a first-generation American.http://nl.newsbank.com/nl-search/we/Archives?p_product=MC&s_site=montereyherald&p_multi=MC&p_theme=realcities&p_action=search&p_maxdocs=200&p_topdoc=1&p_text_direct-0=114819706EBF77E0&p_field_direct-0=document_id&p_perpage=10&p_sort=YMD_date:D&s_trackval=GooglePM His brother, Thomas O. Sargentich, was a professor at American University
School of law A law school (also known as a law centre or college of law) is an institution specializing in legal education, usually involved as part of a process for becoming a lawyer within a given jurisdiction. Law degrees Argentina In Argentina, l ...
. He also has two sisters, Sue Sargentich and Karen Sargentich Stafford. He attended Alhambra High School, where he was an acclaimed student orator. He won both the prestigious
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Boys Domestic Extemporaneous Speaking tournament and the
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National Speaker Contest in 1961. He then attended and graduated from Occidental College, Sussex University, where he was a
Marshall Scholar The Marshall Scholarship is a postgraduate scholarship for "intellectually distinguished young Americans ndtheir country's future leaders" to study at any university in the United Kingdom. It is widely considered one of the most prestigious sc ...
in 1965, and Harvard Law School. Sargentich was one of only eight Harvard Law School students to receive the '' summa cum laude'' designation at Harvard Law from 1969-2007 when the designation was determined by a Grade Point Average threshold. While earning this distinction, Sargentich gained his first exposure to his future field of tort law in a course on the subject taught by Robert Keeton, in which he received a grade of A+. In 1970, Sargentich first analyzed and named the First Amendment "Overbreadth Doctrine" (83 Harv. L. Rev. 844 ). The article was widely acclaimed, and earned him tenure from the school before he had published any works professionally.


Legal career

Sargentich was a law clerk for Justice
Thurgood Marshall Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American civil rights lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1967 until 1991. He was the Supreme Court's first African-A ...
of the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
in 1970–71. He clerked during the height of the Vietnam War protest era, when the Court was on security alert from time to time. A confidential memo to justices from fellow clerk E. Robert Seaver, dated May 3, 1971, warned ominously that "further trouble .e., an alertis expected tomorrow morning". The memo laid out the security measures that executive-branch employees were using, including leaving the office early "to avoid a heavy rush-hour traffic and further trouble with the demonstrators". The memo also said: "The key executives in the executive branch are being told that if they want to avoid possible delays they should be in their offices by 6 a.m." Next to that sentence is a hand-drawn line, leading to a note at the bottom, apparently written by Marshall himself which read: "Not germane to law clerk Sargentich!!!" Asked about the note, Sargentich laughed loudly. "That was the justice, all right", he said. That year, Sargentich recalls, "I always strolled in rather late, and then worked very late. Getting in at 6 a.m.? I'm barely moving at that hour". Reflecting on his time as a clerk, Sargentich once commented that Justice Marshall "always was a person who believed in liberal values and who believed in the law and its service to the world". After clerking, Sargentich worked as staff counsel for the Washington Research Project for a year."Lewis D. Sargentich." Marquis Who's Who TM. Marquis Who's Who, 2009. Reproduced in Biography Resource Center. Farmington Hills, Mich.: Gale, 2009. http://galenet.galegroup.com/servlet/BioRC He then worked for a year as associate general counsel for the United Mine Workers in Washington. He currently teaches jurisprudence and torts at Harvard Law; he became a lecturer at the school in 1973 at the age of 29, an
assistant professor Assistant Professor is an academic rank just below the rank of an associate professor used in universities or colleges, mainly in the United States and Canada. Overview This position is generally taken after earning a doctoral degree A docto ...
in 1974, and a
full professor Professor (commonly abbreviated as Prof.) is an academic rank at universities and other post-secondary education and research institutions in most countries. Literally, ''professor'' derives from Latin as a "person who professes". Professors ...
in 1979. Listing him as "One of 10 Professors to Take" in 2003, the
Harvard Law Record The ''Harvard Law Record'' is an independent student-edited newspaper based at Harvard Law School. Founded in 1946, it is the oldest law school newspaper in the United States. Characteristics The ''Record'', a print and online publication, includ ...
noted that " the legal academy focuses increasingly on the intersection of law and politics, economics, race, literature, Sargentich stands tall as a steadfast expositor of the philosophical roots of law". His other activities at Harvard while a professor have included chairing Harvard's international graduate program. He is commonly cited for his unpublished manuscript Complex Enforcement written in March 1978 and on file at the Harvard Law School Library. On October 16, 1983, the ''
New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' published a letter co-written by Sargentich and fellow Harvard law professors Duncan Kennedy and Richard Parker responding to adverse media reaction to George McGovern's announcement of his presidential candidacy. The letter provides a rare window into Sargentich's political leanings. It states in part:
"What makes McGovern different is just this: He moved his party not to the right but to the left - and he seeks to move it to the left again. That, it seems to us, is reason enough to support his candidacy."
His latest book is '' Liberal Legality: A Unified Theory of Our Law'', published by Cambridge University Press in April 2018.


Personal life

Sargentich is married to Valerie Bradley, the long-time president of the
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, an organization involved in assisting m states and the federal government to enhance services and supports to people with mental illness and people with intellectual disabilities. Sarge's apparent technological backwardness was once satirized in a ''
Harvard Law Record The ''Harvard Law Record'' is an independent student-edited newspaper based at Harvard Law School. Founded in 1946, it is the oldest law school newspaper in the United States. Characteristics The ''Record'', a print and online publication, includ ...
''
April Fools' Day April Fools' Day or All Fools' Day is an annual custom on 1 April consisting of practical jokes and hoaxes. Jokesters often expose their actions by shouting "April Fools!" at the recipient. Mass media can be involved in these pranks, which may ...
article quoting (a fictional version of) Sargentich as saying "I still don't fully understand what the Internet even is, your world frightens and confuses e.


See also

*
List of law clerks of the Supreme Court of the United States (Seat 10) Law clerks have assisted the justices of the United States Supreme Court in various capacities since the first one was hired by Justice Horace Gray in 1882. Each justice is permitted to have between three and four law clerks per Court term. Mos ...


References

{{DEFAULTSORT:Sargentich, Lewis Law clerks of the Supreme Court of the United States Harvard Law School faculty Harvard Law School alumni Occidental College alumni Living people 1944 births People from Alhambra, California Marshall Scholars