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Record Editor Replies To Profs.

By Jal D. Mehta

An anonymous satirical column in the Harvard Law Record has come under attack by more than 40 professors who say that the column's writings are "so repugnant and meanspirited that it is difficult to understand why the Record would publish them."

Forty-two professors signed a letter to the Record protesting two columns by "Fenno," a student columnist who creates caricatures of professors, administrators and students and uses these fictional characters to comment on social norms in the Law School. The column, for the most part, has been written by a different student each year since the 1950's.

At issue are a December 6 column by Fenno in which the writer states, "the government may only help colored folk and pointy-headed Jews, but God helps those who help themselves" and a January 17 column which parodied the three law school professors with the last name Kennedy.

Professor of Law David B. Wilkins '77, one of the targets of the first column, responded with a letter in the January 17 issue of the Record, saying that although he does not object to the use of student parody, the punch-line of the column "is not only not funny...it is blatantly degrading and bigoted."

Publisher of the Record Robert H. Friedman responded with an editorial titled "Fenno's Place" which summarized the role of Fenno over the past 40 years, and emphasized the importance of criticism in the law school.

"Then, as now, Fennos have conferred a piercing critique of HLS, and have balanced their words upon the narrow line that separates candid commentary from mean-spiritedness," wrote Friedman. "We trust that the professors who wrote to criticize us appreciate the function Fenno serves when Fenno criticizes them."

Staff columnist Alexander Boldizar, a second year law student who was approached about becoming Fenno for this year but did not accept the job, said that the column provides an important outlet for otherwise hidden feelings at the Law School.

"The point of Fenno is to make explicit the inherent meanness of the Law School," said Boldizar. "Everybody is so scared of how the professors will perceive them...so an anonymous column is necessary."

While the use of blind grading is supposed to eliminate such problems, Boldizar said that often students are concerned with forming connections with professors, and do not want to write critically if such writings will hurt their future prospects.

Each Fenno column is read over, and often added to, by the publisher and several other editors, Friedman said.

Professor of Law Daniel J. Meltzer '72, who solicited signatures for the letter objecting to the column, said the editorial defense did not address the specific issues raised by the column.

"I was disappointed by the defensiveness, indeed cowardice, of the Record's editorial," Meltzer said. "Either the column crossed the boundary...into mean-spiritedness and tastelessness, or it didn't."

"The editorial made no claim, because no claim could plausibly be made, that the Fenno column did not cross that boundary. Yet the editorial writer lacked the decency and courage to step up and admit the Record had made a mistake," he said.

Meltzer said he sent out the letter to all 91 professors, assistant professors and professors emeriti, 42 of whom signed.

More signatures were not obtained because many professors were away during January, according to Meltzer.

Friedman said the high faculty turnout in signing the letter is in marked contrast to the usual level of faculty interest in student issues.

"I think it was an unusual showing of faculty activism, but I think that any activism on the part of the faculty is unique," Friedman said.

This is not the first time that Fenno has come under attack in recent memory.

In a column last April, Fenno (who is not the same Fenno as the current writer) wrote that "he became aware of an awful smell, worse even than an LL.M. around exam time."

An "LL.M." is the equivalent of a masters degree, usually awarded to foreign students who already have completed a law degree in another country. Only 15 of the current 160 LL.M.s are United States residents, and only nine went to American law schools, according to Ann K. Wright, the law school's assistant director of admissions and financial aid for the graduate program.

After protest from 31 LL.M.s, who said the comments were "insulting and racist," Fenno, at the prompting of the paper's editors, apologized, admitting that he was the one who "stunk."

Friedman said the decision not to run an apology in this case was simply a result of the differing opinions of this year's editorial staff.

Friedman said that a few members of the Record will meet with Dean of the Law School Robert C. Clark in the upcoming month.

Students interviewed expressed support for Fenno, saying that he is so often offensive that it is not appropriate to be upset about a particular column.

"He says stupid things like that all the time," said George H. Sun '94, a third year law student. "He makes fun of everything. I think the professors need to be a little bit more thick-skinned.

"The editorial made no claim, because no claim could plausibly be made, that the Fenno column did not cross that boundary. Yet the editorial writer lacked the decency and courage to step up and admit the Record had made a mistake," he said.

Meltzer said he sent out the letter to all 91 professors, assistant professors and professors emeriti, 42 of whom signed.

More signatures were not obtained because many professors were away during January, according to Meltzer.

Friedman said the high faculty turnout in signing the letter is in marked contrast to the usual level of faculty interest in student issues.

"I think it was an unusual showing of faculty activism, but I think that any activism on the part of the faculty is unique," Friedman said.

This is not the first time that Fenno has come under attack in recent memory.

In a column last April, Fenno (who is not the same Fenno as the current writer) wrote that "he became aware of an awful smell, worse even than an LL.M. around exam time."

An "LL.M." is the equivalent of a masters degree, usually awarded to foreign students who already have completed a law degree in another country. Only 15 of the current 160 LL.M.s are United States residents, and only nine went to American law schools, according to Ann K. Wright, the law school's assistant director of admissions and financial aid for the graduate program.

After protest from 31 LL.M.s, who said the comments were "insulting and racist," Fenno, at the prompting of the paper's editors, apologized, admitting that he was the one who "stunk."

Friedman said the decision not to run an apology in this case was simply a result of the differing opinions of this year's editorial staff.

Friedman said that a few members of the Record will meet with Dean of the Law School Robert C. Clark in the upcoming month.

Students interviewed expressed support for Fenno, saying that he is so often offensive that it is not appropriate to be upset about a particular column.

"He says stupid things like that all the time," said George H. Sun '94, a third year law student. "He makes fun of everything. I think the professors need to be a little bit more thick-skinned.

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