Lewis Sargentich
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Lewis Daniel "Lew" Sargentich (born 1944) is an American legal scholar. He has been a professor at
Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
since 1973, where he teaches courses
tort law A tort is a civil wrong, other than breach of contract, 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 crime ...
and
jurisprudence Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values ...
. Sargentich is well known for his record as a student at Harvard Law School, where he both named and first analyzed the First Amendment " overbreadth doctrine" in a student note. He co-authored the popular
tort law A tort is a civil wrong, other than breach of contract, 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 crime ...
caseboo
''Tort and Accident Law: Cases and Materials''
with Gregory Keating and Robert Keeton.


Biography


Early life

He grew up in
Alhambra The Alhambra (, ; ) is a palace and fortress complex located in Granada, Spain. It is one of the most famous monuments of Islamic architecture and one of the best-preserved palaces of the historic Muslim world, Islamic world. Additionally, the ...
, California, and is the son of Peggy and Daniel Sargentich, a first-generation American. His brother, Thomas O. Sargentich, was a professor at
American University The American University (AU or American) is a Private university, private University charter#Federal, federally chartered research university in Washington, D.C., United States. Its main campus spans 90-acres (36 ha) on Ward Circle, in the Spri ...
School of law. 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 National Forensic League Boys Domestic Extemporaneous Speaking tournament and the
Lions Club Lions Clubs International, is an international service organization, currently headquartered in Oak Brook, Illinois. , it had over 46,000 local clubs and more than 1.4 million members (including the youth wing Leo clubs, Leo) in more than 200 ge ...
National Speaker Contest in 1961. He then attended and graduated from Occidental College. He received a Marshall Scholarship to study at Sussex University then graduated from
Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
in 1965. Sargentich was one of only eight Harvard Law School students to receive the ''
summa cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sout ...
'' 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 A law clerk, judicial clerk, or judicial assistant is a person, often a lawyer, who provides direct counsel and assistance to a lawyer or judge by Legal research, researching issues and drafting legal opinions for cases before the court. Judicial ...
for Justice
Thurgood Marshall Thoroughgood "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 C ...
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 turn on question ...
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 The United Mine Workers of America (UMW or UMWA) is a North American Labor history of the United States, labor union best known for representing coal miners. Today, the Union also represents health care workers, truck drivers, manufacturing work ...
in Washington. He currently teaches jurisprudence and torts at Harvard Law; he became a
lecturer Lecturer is an academic rank within many universities, though the meaning of the term varies somewhat from country to country. It generally denotes an academic expert who is hired to teach on a full- or part-time basis. They may also conduct re ...
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, Canada, Japan, and South Korea. Overview This position is generally taken after earning a doct ...
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 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'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'' 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 George Stanley McGovern (July 19, 1922 – October 21, 2012) was an American politician, diplomat, and historian who was a U.S. representative and three-term U.S. senator from South Dakota, and the Democratic Party (United States), Democ ...
'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 Human Services Research Institute, an organization involved in assisting
states State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a ...
and the
federal government A federation (also called a federal state) is an entity characterized by a political union, union of partially federated state, self-governing provinces, states, or other regions under a #Federal governments, federal government (federalism) ...
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''
April Fools' Day April Fools' Day or April Fool's Day (rarely called All Fools' Day) is an annual custom on the 1st of April consisting of practical jokes, hoaxes, and pranks. Jokesters often expose their actions by shouting "April Fool " at the recipient. ...
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)


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 Alhambra High School (Alhambra, California) alumni