The Harvard Law Review now finds itself in the middle of a high-stakes battle between two of the country's biggest corporate lawyers.
The lawyers--Joseph Flom of New York's Skadden, Arps, Slate, Meagher & Flom and Martin Lipton of New York's Wachtell, Lipton, Rosen & Katz--are jousting in a Delaware court over the legality of the "poison pill" corporate take-over defense.
In an article in the June 1984 Review, a Harvard law student defended the "poison pill" practice. Ironically, the student, whom the Review refuses to name, worked as a summer associate at Wachtell, Lipton, which is defending the practice in court.
Flom--a former Harvard Law Review editor--is crying foul, but Law Review President Robert D. Fram says the piece was unbiased.
In any case, notes Benjamin Kaplan, a retired Massachusetts judge and a professor of Law emeritus, "Any notion that a Law Review article could over-whehn a judge is absurd."
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