Charles R. Nesson `60

When Associate Professor of Government Peter Berkowitz was denied tenure, most expected him to appeal the decision. But few expected him to have a passionate supporter every step of the way.

Weld Professor of Law Charles R. Nesson '60 has been Berkowitz's adviser since the appeal process began, offering theories, questioning administrators and planning a strategy that he hopes will bring justice. For the past year, the Law School professor has dedicated himself to drawing the dark curtain from the tenure process.

"I would say that I have lived and breathed every step of it," he says of Berkowitz's case.

Nesson first got involved in the case in the fall of 1997, after meeting Berkowitz and hearing that President Neil L. Rudenstine denied he and another professor tenure, even though it had been recommended by the Government Department.

"I felt the justice of [Berkowitz's] claim," Nesson says.

"It was a combination of meeting the man for the first time, having him tell his story, seeing what the process had done to this young man and feeling very deeply that Harvard should have a fair process," he says.

This year, Berkowitz filed a formal grievance to be considered by the Docket Committee, claiming that he had not been fairly evaluated. In a May 26 Crimson editorial, he explained exactly why tenure is so important to university professors.

"My appeal does not question the institution of tenure," he wrote. "It is fair consideration for tenure that I seek. Without tenure, perhaps even Professor Nesson would hide or lose his independence."

Safely seated in an endowed chair, Nesson appears to be doing nothing of the sort. In addition to his campaigning on Berkowitz's behalf, Nesson introduced the case to students in his advanced civil procedure course at the Law School. He says the students reacted "with curiosity, excitement with the idea that they were studying something that was unfolding."

Though several students agreed with Berkowitz and Nesson's stance, he says, there were others "who thought Peter was whining and should just shut up."

On the last day of the term, the Docket Committee made it clear with which students they agreed, finding Berkowitz's claim to be "completely without merit."

Even though the formal appeal was unsuccessful, Nesson seems confident that justice will eventually prevail as he and Berkowitz consider other strategies.

"Everything in this matter that looks like defeat is in fact just the opposite," he says.