• Professor Sarah Harding

    Sarah K. Harding

    Associate Professor of Law and Associate Dean for Faculty

    – Go to her faculty biography

    – Go to her publications:

       SSRN: http://papers.ssrn.com
       Bepress: http://works.bepress.com/sarah_harding/

    The Politics of Preservation: An Interdisciplinary Discussion of Cultural Heritage and Historic Preservation

    by  • February 23, 2016 • Faculty Workshops/ Conferences • 0 Comments

    Over the past century we have steadily shifted more resources, both intellectual and monetary, to preserving historic properties and protecting cultural heritage. More recently we have added to this preservation focus increasing concerns about who is entitled to define and lay claim to material culture from the past. Here in the United States these debates play out in the context of historic properties, the National Historic Preservation Act, and a variety of legislative acts that protect the cultural heritage of Native Americans. In the international realm these debates focus on the identification and protection of world heritage sites and the illicit movement of antiquities.

    Regardless of the separate and at times even conflicting legal regimes that govern the preservation of domestic historic properties and international cultural heritage, they share some of the same historic and cultural roots and give rise to similar issues and questions. Why do we put so much stock in the preservation of our material culture and built environments, even at the expense of other social and economic goals? How do we define what is worth saving and whose voices are privileged in that process? How do we reconcile the communal goals at the heart of preservation with concerns about protecting private property and sovereignty?

    This one-day conference will explore these issues through a cross-disciplinary discussion between leaders in the fields of archeology, anthropology, history, architecture, and law.

    The Politics of Preservation
    Friday, April 29, 2016
    Morris Hall, IIT Chicago-Kent College of Law
    565 W Adams St, Chicago IL (more…)

    Shared Ownership of Archeological Sites?

    by  • January 11, 2011 • Faculty Commentary • 2 Comments

    By Sarah Harding


    Just before the holidays my son returned from a Latin class high school trip to Italy (where were these marvelous excursions when we were kids?!). The trip focused on Rome and Sorrento, with the Sorrento portion providing a base for a range of archeological sites, including Pompeii. Coincidentally Pompeii was much in the news here at exactly the same time. Apparently Pompeii is crumbling – this time not under the weight of volcanic ash but mere human neglect. A recent article in Newsweek notes that since early November “ structures have been tumbling down at an astonishing rate.” The eye witness account of my son was “Pompeii was the most remarkable thing I’ve ever seen; an entire Roman city preserved! But it was sad some portions were off limits because the structures were unstable.”

    (more…)

    Canadian Supreme Court Flexible on Mandatory Minimum Sentences

    by  • February 20, 2010 • Faculty Commentary • 0 Comments

    By Sarah Harding


    Every once in awhile a decision of the Supreme Court of Canada will catch my eye if it tends to buck legal trends on both sides of the border. This past week, in a remarkable 9-0 ruling, the Canadian Court decided in R. v. Nasogaluak that mandatory minimum sentences may be ignored in cases where there is a “particularly egregious form of misconduct by state agents in relation to the offence and to the offender” even if there is no related Charter of Rights (Canada’s Bill of Rights) violation. The decision by Mr. Justice Louis LeBel endorses a more flexible view of sentencing that marks a bit of a retreat from the Court’s more rigid approach to mandatory minimum sentences in R. v. Ferguson decided in 2007.

    “An Unusually Good Eye for Talent”

    by  • October 20, 2009 • Faculty Commentary, Faculty in the News • 0 Comments

    By Sarah Harding


    Brian Leiter, in his infinite wisdom, has identified Chicago-Kent as one of the schools with an “unusually good eye for faculty talent.” See here. Leiter’s method for identifying these schools is the number of faculty who were snapped up by a “top 20ish law school.” Leiter identified some of the key individuals but to his list we should add Anita Bernstein (Emory – since moved on), Tim Holbrook (Emory), Claire Hill (Minnesota), and Peggie Smith (Iowa), not to mention the number of faculty who have turned down offers (e.g. Mark Rosen). Some schools might bemoan such a large number of departures but we here at Chicago-Kent are always delighted to celebrate the individual successes and career aspirations of our terrific scholars, not to mention we appreciate the goodwill these individuals spread to other institutions.   Thanks Brian.

    Let the Faculty Spin

    by  • October 15, 2009 • Faculty Commentary • 0 Comments

    By Sarah Harding


    I often wonder what it would be like to bisect the law school at a single moment in time–to peer into every classroom and to listen to every conversation, debate, and presentation in every corner of this dynamic community, all at the same time. It would be dizzying, to be sure, but also invigorating. The variety of inquiries, perspectives and styles would be downright thrilling.

    The C-K Faculty Blog can’t capture the rich diversity of intellectual endeavors in that single moment in time, but it can capture, open up and expand the rich intellectual life of this law school as it unfolds daily. This is a place where you will find summaries of our recent scholarship, thoughts and opinions about developments in the law and the legal system, descriptions of workshops from visiting faculty, discussions of our own internal workshop series, celebrations of our individual successes and really just about anything that has to do with the intellectual life of the Chicago-Kent faculty. Welcome and enjoy.

    (And plaudits for anyone who can identify the literary allusion in the title and first paragraph of this post.)