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News@Law, 12/03/2015

News@Law is a selection of the day's news clips regarding Harvard Law School.
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Today's News

What Video Doesn’t Show About Race In America, And Why It Matters
An op-ed by Robert C. Bordone and Sara E. del Nido Budish. The video’s brevity doesn’t make it easier to watch. A 17-year-old boy walks along a Chicago street when several police cruisers pull up alongside him. He steps away and, seconds later, a single officer fires multiple rounds — 16, we learn later — leaving the boy dead. No officers appear to come to the victim’s aid. From South Carolina to Chicago, deeply disturbing video clips are fast becoming Exhibit A in debates over racial injustice and mistreatment...But the videos do little to address the root causes of the racial tensions underlying our society. It is easy and tempting to believe that seeing what happened will reveal the truth, and that, from there, conflict, resistance and dissension will be resolved. But we fool ourselves if we imagine that by creating a video record, people are more likely to agree about what happened and how to respond.
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The American Lawyer
Milbank Grooms Midlevel Associates for Success at Harvard
The thought of returning to law school just a few years after graduation would fill many young lawyers with dread. But for midlevel associates Milbank, Tweed, Hadley & McCloy, a unique training program at Harvard Law School has become a prized rite of passage...The Milbank@Harvard program is unique in its focus on teaching law firm associates applied business skills, said Scott Westfahl, faculty director of executive education and professor of practice at Harvard Law School. “I don’t know of another program like this,” Westfahl said. It is administered in conjunction with the Harvard Law School Executive Education Program, which was founded by Professors David Wilkins and Ashish Nanda about eight years ago.
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Bloomberg BNA
High Court Considers State Health-Care Databases
Justice Stephen G. Breyer dominated U.S. Supreme Court oral argument over state health-care databases, repeatedly asking why the federal government doesn't do more to facilitate these efforts....Carmel Shachar, a clinical instructor at Harvard Law School’s Center for Health Law & Policy Innovation who filed a pro-database amicus brief, said the justices’ line of questioning was colored by recent high-profile decisions involving the Affordable Care Act, such as King v. Burwell. In that ruling in June, the high court upheld the availability of tax subsidies under the ACA to individuals who purchase their health insurance on the federal health-care exchange. In those cases, the justices “were really grappling with, ‘what is the role of the federal government when it comes to health care?’ ” Shachar told Bloomberg BNA. “Certainly Vermont argues that health care is considered a very traditional province of the states, and you see pushback that you may not have seen even a few years ago on whether health care is a classic area of state concern or whether it's more of a federal-state hybrid.”
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The Harvard Crimson
Website Challenges Veracity of ‘The Hunting Ground’ Film
Legal counsel for a Harvard Law School student who was accused—but never found guilty in court—of sexually assaulting a fellow student and her friend have launched a website to publicly contest the portrayal of his case in the documentary film “The Hunting Ground.”...Janet E. Halley, one of the 19 Law School professors who denounced the film in the recent public letter, said restrictions from the Family Educational Rights and Privacy Act limited Law professors’ involvement in “The Brandon Project” site. “There was very little that we could do because all the things that we know about the Harvard Law proceedings are FERPA and faculty confidentiality rules,” Halley said. Still, Halley praised the site and argued that viewers of the “The Hunting Ground” can now review allegations against Winston and compare them to court documents. Halley said she also placed the case documents in the Harvard Law School library for others to view. On Tuesday, the Academy of Motion Pictures Arts and Sciences listed “The Hunting Ground” as one of 15 films shortlisted for nomination in the documentary feature award category.
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Harvard’s Slaveowner Ties Ignite Fight Over Law School Seal (audio)
The faculty members who preside over Harvard University’s 12 undergraduate residential houses have agreed to change their name from house master to something yet to be decided. Harvard students called for the change, arguing that the term is tied to slavery. A group of Harvard Law students called Royall Must Fall, is also taking issue with the law school’s seal, parts of which come from the Royall family crest. Isaac Royall, Jr. was a slaveowner and son of a slavetrader who played a key role in creating Harvard Law School. This comes at a time when conversations and protests about race are taking place on college campuses across the country. Here & Now’s O’Dowd visited Harvard’s campus today to speak with students.
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