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When I began teaching, Harvard Law School had been admitting women for only about a decade,
and some of the professors still didn’t believe that women could make really good lawyers. I
encountered this prejudice at the end of my first year of teaching.
The star student in my first year class was a woman from New York who eventually became a
distinguished judge. She received an A grade on the final exam. Three of her other first year
teachers also gave her A grades, but her contracts teacher gave her a D. She came to me upset
about her D grade and asked me to read her exam. I read it and it was clearly of A quality. I was
sure that her contracts professor had simply made a transcription error and so I went to his office
to discuss it. He glanced at the exam and said, “Oh yes, I remember her. She doesn’t think like a
lawyer. That’s why I gave her a D.” I later learned that this professor has been opposed to
admitting women to Harvard Law School because he believed that women don’t think like
lawyers.
This episode persuaded me that something had to be done about the lingering prejudices of some
of the faculty. Accordingly, I proposed “blind grading” of all exams, so that professors could not
find out the gender of the student until after the grades were submitted.
Several years later, my wife and I, and my son Elon, had dinner with then President Clinton and
the First Lady. We had invited them to our synagogue on Martha’s Vineyard for Rosh Hashanah
services and they asked us to join them for dinner after the services. (More on this later) During
dinner, I asked Hillary why she had chosen Yale Law School over Harvard. She laughed and
said, “Harvard didn’t want me.” I said I was sorry that Harvard had turned her down, but she
replied “no, I received letters of acceptance from both schools.” She explained that a then
boyfriend had invited her to The Harvard Law School Christmas dance, at which several Harvard
Law School professors were in attendance. She was introduced to one of them and asked him for
advice about which law school to attend. The professor looked at her and said, “We have about
as many women as we need here. You should go to Yale. The teaching there is more suited to
women.” I asked her who the professor was and she told me she couldn’t remember his name but
that she thought it started with a “B.” A few days later, we met the Clintons at a party. I came
prepared with yearbook photos of all the professors from that year whose name began with “B.”
She immediately identified the culprit. He was the same professor who had give my A student a
D, became she didn’t think like a lawyer. It turned out, of course, that it was this professor—and
not the two brilliant women he was prejudiced against—who didn’t think like a lawyer. Lawyers
are supposed to act on the evidence, rather than on their prejudgments. The sexist professor
ultimately became a judge on the Internal Court of Justice—a perfect fit! (More on this later.)
Nor was Professor “B” alone in his negative views of women as lawyers. One teacher refused to
call on women, except on one day of the year, which he called “ladies day.” On that day, he
picked on them and verbally abused them to the point that some deliberately stayed away. The
dean of the law school, Erwin Griswold, a great defender of civil liberties and civil rights, was a
blatant misogynistic. Near the beginning of my teaching career, he invited the new assistant
professor—me—and all the women students—a small number—to his home for dinner. He
warned the women that if they came to law school to find husbands, they would be disappointed:
“Harvard Law School men don’t date Harvard Law School girls. They date girls from Lesley” (a
neighboring women’s college). He then went around the table asking all the women students why
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