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Elena Kagan’s Management Style Amped Up Pressure at Harvard Law School

In creating a culture of high expectations, Kagan placed strain on working relationships, some HLS staffers say

But an ambitious reform campaign at an institution that has been described as “Beirut on the Charles” for its vitriolic academic disputes also led to bruised egos and heated conversations, according to multiple sources at the Law School.

Law School Professor Mark V. Tushnet ’67 acknowledged that he had heard “that she would lose her temper,” but he added that Kagan led the school with a “firm hand” like a good manager. Kagan was “willing to fire people that needed to be fired,” Tushnet said.

Few faculty members interviewed for this article voiced displeasure with Kagan’s management style, but some staffers and administrators said that the former dean’s high-energy, ambitious agenda placed a strain on their working relationships.

Former director of the Law School library Harry S. Martin III ’65 observed that some staff members working under Kagan “didn’t seem to get along with her, didn’t warm to her.”

In the “pursuit of excellence,” Kagan set the bar high for her colleagues and created “a culture of incredibly high expectations and high stakes,” according to former Registrar staff member Leslie Sutton-Smith.

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Elena Kagan: Her Time at Harvard

Elena Kagan: Her Time at Harvard

“It was not as much a collaborative effort as it was making sure everything was right before it got to Elena,” Sutton-Smith said. “You have to come to the table 150 percent prepared because she will find a hole in whatever your argument is.”

“As a result of that, she could be perceived as someone to be afraid of,” she added.

In pushing for change, Kagan often displayed an insensitivity to the opinions and feelings of others, according to Maura H. Kelley, a faculty assistant who worked at the Law School for over 25 years.

“If you go against her, she doesn’t take very kindly to that,” said Kelley, who was familiar with staff assistants that worked under Kagan. “If she presents an idea, she wants everyone to accept it immediately without question, without debate, without input.”

But Sara D. Zucker, director of International Legal Studies Program, said that the word “fear” does not spring to mind in describing her interactions with Kagan in the past.

A “forceful” personality who made very clear “what she wanted,” Kagan held everyone up to the same, albeit very high, standards—including herself, according to Zucker.

Kagan was also quick to acknowledge a job well done.

Kagan instituted what was known as “pie-day,” an occasion in November for staff to gather, eat pie, and write thank-you cards to one another. She also made a point of remembering staff members’ names—which one staffer said was appreciated at an institution where relationships between faculty and staff are often tinged by elitism.

SETTING A NEW STANDARD

Kagan’s colleagues overwhelmingly voiced their support for her nomination despite her sometimes abrasive manner, which they saw as a byproduct of her strong desire for implementing change at the Law School.

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