157. Noah Feldman, American Legal Scholar, Academic, and Author

Show Notes:

Noah Feldman,  Harvard Law professor, author, and ethical advisor talks about his career in constitutional law and his experiences in Iraq and Tunisia, sharing stories from his time guiding, and in some cases, establishing, the law of countries in turmoil or collapse. He also talks about the themes explored in his books  and current pursuits.

Real World Projects in Constitutional Law

Noah describes his academic journey, starting from his early love for school and his decision to pursue academia full-time, with brief interruptions for real-world projects. He shares his experiences as a law clerk for the late Justice David Souter and his role as the senior constitutional advisor to the Coalition Provisional Authority in Iraq. Noah discusses his involvement in drafting the Iraqi constitution, starting from scratch, and the unique opportunity it provided to apply his academic knowledge in a real-world scenario. He recounts his work in Tunisia after the Arab Spring, advising the Constituent Assembly on constitutional design. 

Oversight on Facebook

After writing his book about James Madison, Noah’s next step was unexpected involvement with Facebook's Oversight Board, which was inspired by a conversation with Sheryl Sandberg and Mark Zuckerberg. He was in California giving a talk at Stanford. He was thinking about writing a book on free speech in the era of social media. He explained to Sheryl how he had the idea that Facebook would benefit from having a kind of private Supreme Court. And the idea was that all of the companies privately made content moderation decisions could actually be made in a more public and transparent way, according to principles and the doing so would add to the legitimacy of their decision-making process. She loved the idea and introduced him to Mark Zuckerberg, and the outcome was the Oversight Board. Noah explains his ongoing work advising tech companies on governance issues and the complexities of balancing free expression and ethics in the tech industry.

A Sideline in Journalism and a Focus on Writing

Noah mentions his sideline in journalism, starting with a recommendation from Michael Ignatieff to write for the New York Times. He shares his experience of writing for Bloomberg's opinion section for over a decade. Noah talks about his podcast, Deep Background, which he hosted for three years, and his plans to relaunch it in a slightly different format. He discusses his current book project, The Importance of Being Human, which explores the value of human relationships in the age of AI and technology. Noah elaborates on his book project, focusing on the importance of human relationships in various aspects of life, including work, family, and politics. He expresses his open-mindedness about the potential value of romantic relationships with AI, despite initially holding a different view.

Following a Theme of Constitutions

When asked about his book choices, Noah explains his organizing theme of constitutions, focusing on Middle Eastern and US constitutional history. Noah outlines his planned book series on the history of the US Constitution, emphasizing the narrative throughline of the people who shaped it. He shares his experiences in Iraq, describing the chaotic and disorganized environment he encountered and the challenges of creating a functioning legal system in the midst of civil disorder. He shares the biggest lesson learned, the importance of order and law, arguing that without de facto control on the ground, it is difficult to establish a functioning legal or constitutional system. He also talks about how militias were formed. Noah discusses his work in Tunisia, highlighting the successful transition to democracy and the role of Islamist political parties in the democratic process. He reflects on the importance of norms and conventions in maintaining a functional constitutional system, using the example of Tunisia's failed Constitutional Court.

Norms and Conventions in Maintaining a Constitutional System

Noah emphasizes the significance of norms and conventions in the functioning of institutions, including legal systems and constitutional orders. He discusses the role of norms in the US constitutional system, using the example of the impeachment of Donald Trump to illustrate how norms can be changed by actions that challenge them. Noah reflects on the importance of understanding and respecting norms and conventions in maintaining the integrity of legal and constitutional systems. He highlights the need for clear and effective checks and balances to prevent the abuse of power and ensure the rule of law.

The Importance of Family

Noah shares details about his personal life, including his recent marriage to Julia Allison and his two children, Jamin and Mina, who are pursuing careers in the arts. He describes his relationship with his ex-wife, Jeannie Suk Gerson, and her husband, Jake Gerson, and how they maintain a good working relationship despite being colleagues.Noah reflects on the importance of family and personal relationships in his life, noting the support and encouragement he receives from his family. 

Harvard Reflections

Noah reminisces about his time at Harvard, highlighting the impact of his mentors and the courses he took. He talks about his mentorship with Robert Nozick and the influence of his work on his current thinking, medieval Islamic and Jewish Studies and his professors there Isadore Turski, Bernard Septimus, and Mohsen Madi. he also mentions Richard Primus, Constitutional Law with H.W. Perry. Noah discusses his involvement with the Program on Jewish and Israeli Law at Harvard Law School and the importance of medieval Jewish and Islamic Studies in his work. He reflects on the value of response papers in developing his skills as a journalist and opinion writer.

Timestamps:

03:58: Involvement in Real-World Projects

07:52 Journalism and Media Engagement 

13:07: Research and Personal Insights 

23:51: Lessons from Iraq and Tunisia 

37:46: Impact of Norms and Conventions 

42:04: Personal Life and Family 

45:08: Influences and Mentorship 

Links:

Website: https://www.noahfeldman.com/

Email: [e-mail]

@professornoahfeldman

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Featured Non-profit

The featured non-profit of this week’s episode  is brought to you by Anastasia Fernand who reports:

“Hi. I'm Anastasia Fernand, class of 1992. The featured non-profit of this episode of the 1992 report is the Rebecca H. Rhodes African Inclusive Literacy Research prize. The African inclusive literacy Research Fund supports African scholars and practitioners undertaking research to identify the best ways of helping children with disabilities become literate as a critical step in reaching their full potential. Rebecca was my roommate throughout college and a member of our class of 1992 Rebecca spent her career proving that every child can learn. Let's make sure her prize keeps proving it for generations to come. And now here is Will Bachman with this week's episode.”

To learn more about their work, visit: https://www.adeanet.org