Lewis Sargentich
Encyclopedia
Lewis Daniel "Lew" Sargentich (b. 1944), frequently referred to simply as "Sarge," has been a professor
at Harvard Law School
since 1973 where he teaches courses tort law and jurisprudence
. Sargentich is well known for his remarkable tenure as a student at Harvard Law School, where he both named and first analyzed the First Amendment overbreadth doctrine
in a student note https://web2.westlaw.com/find/default.wl?rs=WLW9.11&ifm=NotSet&fn=_top&sv=Split&cite=83+Harv.+L.+Rev.+844&vr=2.0&rp=%2ffind%2fdefault.wl&mt=208. He graduated summa cum laude.
He grew up in Alhambra, California
and is the son of Daniel Sargentich, a first generation American who lost most of his hearing working in copper mines, and Peggy Sargentich, who was known as Margaret until she told a handsome
man in a voter registration
line that her name was "Peggy" a name that stuck as that man became her husband of 65 years. Sarge is also the brother of Thomas O. Sargentich, the late professor at American University
School of law and Karen Sargentich Stafford author of The Obelisk and "Dad Turned 90 on the 4th of July: Daniel Milo Sargentich".
He co-authors the popular tort law casebook
Tort and Accident Law: Cases and Materials with Gregory Keating and the late Robert Keeton
(whose position as editor will be replaced by James Fleming of Boston University Law School in the 2010 edition).
Boys Domestic Extemporaneous Speaking
tournament and the Lions Club National Speaker Contest in 1961. He then attended and graduated from Occidental College
, Sussex University, and Harvard Law School
.
His brilliant academic career won him many accolades. Notably, Sargentich was one of a total of only six HLS
students to receive the summa cum laude designation at Harvard Law during the over fifty years in which it 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 longtime HLS Professor Charles Fried
, who gave him an A+. This performance was sandwiched between his experiences as a Marshall Scholar at the University of Sussex
in 1965 and as a member of Thurgood Marshall
's inaugural class of Supreme Court Law Clerks in 1970-71.
(83 Harv. L. Rev. 844 ), which has been cited by over 210 scholarly works and over 150 cases making it the second most cited student legal article ever written. The article has been widely acclaimed as brilliant and sufficient impetus for HLS's extremely rare award of tenure to Sargentich before he had published any works professionally. Ironically, the only published work Sargentich has authored since being granted tenure is the above noted casebook
; however, he is commonly cited for his unpublished manuscript Complex Enforcement written in March 1978 and on file at the Harvard Law School Library.
Sargentich clerked at the Supreme Court
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 Court Clerk E. Robert Seaver, dated May 3, 1971, warned ominously that "further trouble [i.e. an alert] is 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," a habit he continues even now. "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."
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 in 1974, and a full professor in 1979. Listing him as "One of 10 Professors to Take" in 2003, the Harvard Law Record
noted that "[a]s 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.
On October 16, 1983, The New York Times 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:
In class, Sargentich is a brilliant lecturer and possesses an uncanny ability to summarize and elucidate difficult texts. Harvard Law students have overwhelmingly enjoyed his classes, calling him on course evaluations "brilliant", "inspirational", "the king", and "the smartest man on this planet or any other" among other things.
and the federal government
to enhance services and supports to people with mental illness and people with intellectual disabilities—in Cambridge, MA since its inception in 1976. Sarge's apparent reclusivity was recently satirized in a Harvard Law Record
April Fools Day 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 [me]."
Professor
A professor is a scholarly teacher; the precise meaning of the term varies by country. Literally, professor derives from Latin as a "person who professes" being usually an expert in arts or sciences; a teacher of high rank...
at Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
since 1973 where he teaches courses tort law and jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
. Sargentich is well known for his remarkable tenure as a student at Harvard Law School, where he both named and first analyzed the First Amendment overbreadth doctrine
Overbreadth doctrine
In American jurisprudence, the overbreadth doctrine is primarily concerned with facial challenges to laws under the First Amendment. American courts have recognized several exceptions to the speech protected by the First Amendment , and states therefore have some latitude to regulate unprotected...
in a student note https://web2.westlaw.com/find/default.wl?rs=WLW9.11&ifm=NotSet&fn=_top&sv=Split&cite=83+Harv.+L.+Rev.+844&vr=2.0&rp=%2ffind%2fdefault.wl&mt=208. He graduated summa cum laude.
He grew up in Alhambra, California
Alhambra, California
Alhambra is a city located in the western San Gabriel Valley region of Los Angeles County, California, United States, which is approximately eight miles from the Downtown Los Angeles civic center. As of the 2010 census, the population was 83,089, down from 85,804 at the 2000 census. The city's...
and is the son of Daniel Sargentich, a first generation American who lost most of his hearing working in copper mines, and Peggy Sargentich, who was known as Margaret until she told a handsome
Physical attractiveness
Physical attractiveness refers to a person's physical traits which are perceived to be aesthetically pleasing or beautiful. The term often implies sexual attractiveness or desirability, but can also be distinct from the two; for example, humans may regard the young as attractive for various...
man in a voter registration
Voter registration
Voter registration is the requirement in some democracies for citizens and residents to check in with some central registry specifically for the purpose of being allowed to vote in elections. An effort to get people to register is known as a voter registration drive.-Centralized/compulsory vs...
line that her name was "Peggy" a name that stuck as that man became her husband of 65 years. Sarge is also the brother of Thomas O. Sargentich, the late professor at American University
American University
American University is a private, Methodist, liberal arts, and research university in Washington, D.C. The university was chartered by an Act of Congress on December 5, 1892 as "The American University", which was approved by President Benjamin Harrison on February 24, 1893...
School of law and Karen Sargentich Stafford author of The Obelisk and "Dad Turned 90 on the 4th of July: Daniel Milo Sargentich".
He co-authors the popular tort law casebook
Casebook
A casebook is a type of textbook used primarily by students in law schools. Rather than simply laying out the legal doctrine in a particular area of study, a casebook contains excerpts from legal cases in which the law of that area was applied. It is then up to the student to analyze the language...
Tort and Accident Law: Cases and Materials with Gregory Keating and the late Robert Keeton
Robert Keeton
Robert Ernest Keeton was an American lawyer, jurist, and legal scholar. As a law professor at Harvard Law School and a federal judge he was known for his work on torts, insurance law, and practical courtroom tactics...
(whose position as editor will be replaced by James Fleming of Boston University Law School in the 2010 edition).
Academic career
During his time at Alhambra High School Sargentich was the most acclaimed student orator in the country. He won both the prestigious National Forensic LeagueNational Forensic League
The National Forensic League is a non-partisan, non-profit educational honor society established to encourage and motivate American high school students to participate in and become proficient in the forensic arts: debate, public speaking and interpretation. NFL is the America's oldest and largest...
Boys Domestic Extemporaneous Speaking
Domestic Extemporaneous Speaking
Domestic Extemporaneous Speaking Domestic Extemporaneous Speaking Domestic Extemporaneous Speaking (also called United States Extemporaneous Speaking or National Extemporaneous Speaking, and variously contracted to Domestic Extemp, National Extemp, U.S...
tournament and the Lions Club National Speaker Contest in 1961. He then attended and graduated from Occidental College
Occidental College
Occidental College is a private, coeducational liberal arts college located in the Eagle Rock neighborhood of Los Angeles, California. Founded in 1887, Occidental College, or "Oxy" as it is called by students and alumni, is one of the oldest liberal arts colleges on the West Coast...
, Sussex University, and Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
.
His brilliant academic career won him many accolades. Notably, Sargentich was one of a total of only six HLS
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
students to receive the summa cum laude designation at Harvard Law during the over fifty years in which it 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 longtime HLS Professor Charles Fried
Charles Fried
Charles Fried is a prominent American jurist and lawyer. He served as United States Solicitor General from 1985 to 1989. He is currently a professor at Harvard Law School.-Early life and education:...
, who gave him an A+. This performance was sandwiched between his experiences as a Marshall Scholar at the University of Sussex
University of Sussex
The University of Sussex is an English public research university situated next to the East Sussex village of Falmer, within the city of Brighton and Hove. The University received its Royal Charter in August 1961....
in 1965 and as a member of Thurgood Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
's inaugural class of Supreme Court Law Clerks in 1970-71.
Early legal career
He first gained acclaim in the legal profession for his student article, The First Amendment Overbreadth DoctrineOverbreadth doctrine
In American jurisprudence, the overbreadth doctrine is primarily concerned with facial challenges to laws under the First Amendment. American courts have recognized several exceptions to the speech protected by the First Amendment , and states therefore have some latitude to regulate unprotected...
(83 Harv. L. Rev. 844 ), which has been cited by over 210 scholarly works and over 150 cases making it the second most cited student legal article ever written. The article has been widely acclaimed as brilliant and sufficient impetus for HLS's extremely rare award of tenure to Sargentich before he had published any works professionally. Ironically, the only published work Sargentich has authored since being granted tenure is the above noted casebook
Casebook
A casebook is a type of textbook used primarily by students in law schools. Rather than simply laying out the legal doctrine in a particular area of study, a casebook contains excerpts from legal cases in which the law of that area was applied. It is then up to the student to analyze the language...
; however, he is commonly cited for his unpublished manuscript Complex Enforcement written in March 1978 and on file at the Harvard Law School Library.
Sargentich clerked at the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
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 Court Clerk E. Robert Seaver, dated May 3, 1971, warned ominously that "further trouble [i.e. an alert] is 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," a habit he continues even now. "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
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
"always was a person who believed in liberal values and who believed in the law and its service to the world."
Later career
After clerking, Sargentich worked as staff counsel for the Washington Research Project for a year. He then worked for a year as associate general counsel for the United Mine WorkersUnited Mine Workers
The United Mine Workers of America is a North American labor union best known for representing coal miners and coal technicians. Today, the Union also represents health care workers, truck drivers, manufacturing workers and public employees in the United States and Canada...
in Washington. He currently teaches jurisprudence and torts at Harvard Law; he became a lecturer
Lecturer
Lecturer is an academic rank. In the United Kingdom, lecturer is a position at a university or similar institution, often held by academics in their early career stages, who lead research groups and supervise research students, as well as teach...
at the school in 1973 at the age of 29, an assistant professor in 1974, and a full professor in 1979. Listing him as "One of 10 Professors to Take" in 2003, the Harvard Law Record
Harvard Law Record
The Harvard Law Record is an independent, biweekly student-edited newspaper based at Harvard Law School. Founded in 1946, it is the oldest law school newspaper in the United States.-Characteristics:...
noted that "[a]s 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.
On October 16, 1983, The New York Times published a letter co-written by Sargentich and fellow Harvard law professors Duncan Kennedy
Duncan Kennedy
Duncan Kennedy is the Carter Professor of General Jurisprudence at Harvard Law School and a founder of critical legal studies as movement and school of thought. Kennedy has been a member of the ACLU since 1967. According to his own testimony, he has never forgotten to pay his dues.-Education and...
and Richard Parker responding to adverse media reaction to George McGovern
George McGovern
George Stanley McGovern is an historian, author, and former U.S. Representative, U.S. Senator, and the Democratic Party nominee in the 1972 presidential election....
'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."
In class, Sargentich is a brilliant lecturer and possesses an uncanny ability to summarize and elucidate difficult texts. Harvard Law students have overwhelmingly enjoyed his classes, calling him on course evaluations "brilliant", "inspirational", "the king", and "the smartest man on this planet or any other" among other things.
Personal
Sargentich is married to and frequently makes joint contributions with Valerie Bradley, who has been the President of the Human Services Research Institute--an organization involved in assisting statesU.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
and the federal government
Federal government
The federal government is the common government of a federation. The structure of federal governments varies from institution to institution. Based on a broad definition of a basic federal political system, there are two or more levels of government that exist within an established territory and...
to enhance services and supports to people with mental illness and people with intellectual disabilities—in Cambridge, MA since its inception in 1976. Sarge's apparent reclusivity was recently satirized in a Harvard Law Record
Harvard Law Record
The Harvard Law Record is an independent, biweekly student-edited newspaper based at Harvard Law School. Founded in 1946, it is the oldest law school newspaper in the United States.-Characteristics:...
April Fools Day 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 [me]."