On the afternoon of Friday, March 26, and the morning of March 27, Harvard Law School will be celebrating the work of Bill Stuntz, the Henry J. Friendly Professor of Law. The conference will be a bittersweet event. It will be sweet in that many outstanding criminal procedure scholars, together with many other academic luminaries, will be gathering to honor the scholarship and humanity of a man who I personally think is the best criminal procedure scholar in the United States. It will be bittersweet in that Bill, 52, is terminally ill with cancer, as he has written about eloquently himself (see, for example, here, here). I am deeply honored to be one of the presenters at the conference.
The conference is open to the public, and it promises to be a remarkable event. Here is the list of speakers, which includes many close friends, colleagues, and former students of Bill: Pam Karlan, Anne Coughlin, Dan Kahan, Mike Seidman, Carol Steiker, Joe Hoffmann, Richard McAdams, Dan Richman, David Sklansky, Kenneth Abraham, Barbara Armacost, Andy Kaufman, John Manning, Andy Leipold, Tracey Meares, Erin Murphy, Dana Mulhauser, Elizabeth Scott, Robert Scott, and myself. Dean Martha Minow will provide a welcome, and Bill himself will be speaking at a time to be determined.
The schedule and location, together with the topic and abstract of my own remarks, are after the jump.
Friday, March 26
Ropes Gray Room: Pound Hall
1:00 — 1:30: Welcome: Dean Martha Minow
1:30 — 3:00: Panel 1: Political Economy of Criminal
Justice
Joe Hoffmann
Richard McAdams
Dan Richman
David Sklansky
3:15 — 4:45: Panel 2: Specific Issues in Criminal Procedure
Orin Kerr
Andy Leipold
Tracey Meares
Erin Murphy
5:00 — 6:30: Reception for all attendees and the law school community
Saturday, March 27
Ropes Gray Room: Pound Hall
9:00 — 10:30: Panel 3: Emotion, Discretion, Mercy, and Faith
Anne Coughlin
Dan Kahan
Mike Seidman
Carol Steiker
10:45 –12:15: Panel 4: Mentors, Colleagues, and Students
Kenneth Abraham
Barbara Armacost
Pam Karlan
Andy Kaufman
John Manning
Dana Mulhauser
Elizabeth Scott
Robert Scott
Bill will be speaking at a time TBD.
Please click on the link for a map of the campus. All events will be
held in Pound Hall: http://www.law.harvard.edu/about/map.html
* * * * * *
My own presentation will be the following:
WHY COURTS CANNOT QUANTIFY PROBABLE CAUSE
Orin Kerr
The government can conduct almost any search or seizure if it has “probable cause.” But what is probable cause? Courts decline to define probable cause in terms of percentages, instead choosing to express the concept in vague terms like “fair probability.” This essay, inspired by Bill Stuntz’s classic article, “Warrants and Fourth Amendment Remedies,” argues that courts cannot quantify probable cause because probable cause is normally evaluated in an ex parte proceeding. Magistrate judges must assess probable cause based on a one– sided and partial explanation of cause that can only give part of the picture: The facts in a warrant affidavit do not say what methods the government didn’t try or what methods it tried but that failed to produce evidence. Magistrates cannot accurately calculate the likely percentage chance that evidence will be in the place to be searched because such a calculation would require these additional facts that warrants do not include. In this information vacuum, a hunch will be more accurate than a mathematical calculation. In short, courts do not quantify probable cause because judges normally will not have the information needed to quantify it accurately.
Ilya Somin says:
It sounds like a great event. But at the same time, it is terrible to learn that Prof. Stuntz is terminally ill. I sympathize with his family, friends, and colleagues.
Quote
March 12, 2010, 2:41 pmSteve says:
Stuntz is indeed brilliant. Can we arrange some sort of final cage-match with Yale Kamisar?
Quote
March 12, 2010, 2:59 pmColin says:
I’m disappointed that I can’t make the conference, both because I would like to thank Professor Stuntz personally and because I would like to hear his thoughts. He is an thought-provoking and moving speaker on any occasion, and I hope that he does give a public address (and that it is recorded for those of us who can’t be there). I can’t speak to the impact of his scholarship, but Professor Stuntz is a wonderful teacher inside and outside the classroom. I’m deeply saddened to hear that his illness has progressed, but glad that he has shared his gifts with his students so selflessly.
Quote
March 12, 2010, 3:24 pmwolfefan says:
Thank you for the links to Prof. Stuntz’s blog post and interview. When I was a pastor, people facing difficulties would ask “Why me?” There were times I wanted to say “Why not you?”, but that’s not usually the appropriate pastoral response (and even if it is it doesn’t get your contract renewed.) :) Prof. Stuntz does a much better job of addressing that question than I ever could have.
Quote
March 12, 2010, 3:54 pmPat B. says:
I had professor Stuntz for Crim Pro in 2006, and to this day, that is far and away the best class I have ever taken. More than his brilliance in the classroom, he is an extraordinary person. For those able to make it, this will be an event to remember.
Quote
March 12, 2010, 3:55 pmMaryG says:
How wonderful!
The Irish had a tradition of a similar living wake, before their children headed off to America, so often never to see their parents back home again.
It’s horrible circumstances, but I pray your friend takes such strength from the loving energy gathered around him at such an event that it helps give him more time, and makes the passing days even more precious.
I’m sure all the speakers will take care to be at their best, seeing as though the topics are of such important to your friend’s living work.
Quote
March 12, 2010, 3:58 pmMaryG says:
Kinda imagine it will be of a Thank You, Mr. Chips style gratitude.
Quote
March 12, 2010, 3:59 pmTimothy Dalrymple says:
Thanks for sharing this, Orin. Glad you’re coming out our way; perhaps I’ll be there for the talk. In any case, I appreciate the tribute to Bill, truly an amazing man.
I was inspired by the “Last Lecture” from Randy Pausch, but honestly I find Professor Stuntz’s reflections much more profound. Perhaps it’s not fair to compare, or at least not tasteful; Pausch was upfront that he was not going to be discussing ultimate questions or things even more important than achieving his dreams. But, in any case, Bill’s reflection on his situation is a whole scale deeper. I’m glad to hear that he’s so beloved by his students.
Quote
March 12, 2010, 5:59 pmCornellian says:
Fifty-two is way too young.
Quote
March 12, 2010, 6:13 pmMatt says:
I’m not sure if Cornellian was trying to be ironic, or if he just didn’t read this.Regardless, I was very moved by it.
Quote
March 12, 2010, 7:09 pmLauren Chitwood Schauf says:
For anyone who is unable to attend, the conference will be webcast live. Please email me next week if you would like the link (I’m Professor Stuntz’s assistant; the email is on his faculty webpage).
Quote
March 12, 2010, 7:56 pmSteve Erickson says:
Wish I could be there, Bill is a fantastic man.
Quote
March 12, 2010, 8:09 pmBob Strassfeld says:
I have known that Bill was struggling with cancer and have dreaded seeing something like this. Bill was a law school classmate and a good friend. As others have commented, he is blessed with a remarkable mind and one that resists predictable answers for real insight. Beyond his brillance, and he is one of the smartest people I have ever had the pleasure to know, there is a profound humanity. Bill is truly a caring scholar, and, I can only imagine, that that translates to the classroom as well.
The program looks terrific and befits Bill. I wish that I could be there though I know I would be overcome with sadness were I to attend.
Quote
March 12, 2010, 8:22 pmSteve says:
I’m troubled — indeed.
Quote
March 13, 2010, 12:08 amProsecutorial Indiscretion says:
Bill Stuntz is an extraordinarily gifted teacher and an extraordinarily decent man. He is one of the best human beings I’ve ever had the privilege to know. Thanks to everyone who is putting this together.
Quote
March 13, 2010, 2:49 amDan Schmutter says:
I’m stunned. I had no idea he was ill, and to hear that he is terminal is a real shock.
Bill Stuntz was my criminal procedure professor 21 years ago at U.Va. He’s one of the best there is.
“No wound grinding.”
Dan
Quote
March 13, 2010, 5:28 pmDoug Garrou says:
I was not aware of Prof. Stuntz’s illness. That’s terribly distressing news. I think I took every one of his classes at Virginia. He is the rarest combination of towering intellect, humility, and decency.
What kind of a world is this.
Quote
March 13, 2010, 5:33 pmMAM says:
I took Crim Law from him at UVA. He was an exceptional teacher.
Quote
March 15, 2010, 10:40 amThe Volokh Conspiracy » Blog Archive » Webcast of Conference Celebrating Bill Stuntz says:
[...] mentioned earlier that I’m going to be attending a conference at Harvard Law School tomorrow and Saturday honoring [...]
William Stuntz on the Structural Causes of “Massive Over-Incarceration” « Prison Law Blog says:
[...] be viewed in its entirety via webcast here. As many legal scholars around the web have noted (e.g. here), Stuntz’s work has been transformational in the field of criminal procedure, particularly in [...]
Gerardo Catani says:
I really not agree in your opinions, as I think it’s more like total opposite. However, in a democratic world the converter should have room for thoughts from both sides.
Quote
June 20, 2010, 8:53 pm