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News@Law, 02/02/2016

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

The Wall Street Journal
Future of Oyez Supreme Court Archive Hangs in the Balance
For Sale: 61 years of Supreme Court oral arguments, including audio, transcripts and a suite of multimedia tools. It’s not on Craigslist yet, but Jerry Goldman says options are narrowing for Oyez.org, the private online archive of Supreme Court materials he has been building since the early 1990s and providing free to the public. Mr. Goldman, 70 years old, retires from teaching in May, and when he goes so does Oyez, currently hosted at Chicago-Kent College of Law. The project, which has two full-time staff members and several student employees, costs between $300,000 and $500,000 annually to operate, he says. The sticking point, however, isn’t the annual budget; Harvard Law School, for one, has offered to pick up the operating cost. But Mr. Goldman also wants to be paid for the sweat he’s put into his baby–or at least the intellectual property it represents—something he estimates is worth well over $1 million. “The Harvard Law School Library, and no doubt others, would welcome a chance to steward something as extraordinary as Oyez,” said Jonathan Zittrain, vice dean for library and information resources at the school. But he objects to paying Mr. Goldman personally for turning over the keys. While faculty members generally are allowed to collect royalties for books they write on university time, Mr. Zittrain says the Oyez Project, developed with the assistance of many minds—Mr. Goldman doesn’t write the computer code himself—is a different kind of animal.
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The Harvard Crimson
Law Prof. Kennedy Addresses Race and Activism at IOP
Harvard Law School professor Randall L. Kennedy confronted questions about the intersection of race and politics at the Institute of Politics Monday evening, urging attendees to fight racism but not institutions like Harvard. The event, which comes amidst intense debate and activism about race and inclusion at Harvard and universities across the country, was the first installment of a two-part series called “The Politics of Race: Can We Talk?”...In an interview after the IOP event, Kennedy reiterated his beliefs that activists at the Law School were magnifying problems of discrimination. “We need to avoid needlessly alienating people who might be our allies,” Kennedy said. “Unfortunately, I think some of that is happening at the Law School. Harvard Law School is not the enemy. And if you are constantly treating Harvard Law School as the enemy, you’ll make it the enemy.”
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Bloomberg
Protecting Children Vs. Protecting Privacy
An op-ed by Noah Feldman. Can Wisconsin make a sex offender who’s completed his sentence wear a GPS monitor on his ankle for the rest of his life? Reversing a lower court judgment last week, the U.S. Court of Appeals for the 7th Circuit said the answer is yes. The opinion, by the influential Judge Richard Posner, presents itself as an exercise in cost-benefit analysis and legal common sense. But the decision is wrong nonetheless, because the right to privacy can’t be balanced away by statistics.
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Bloomberg
What Millennials Like About Bernie Sanders
An op-ed by Cass Sunstein. Bernie Sanders is the oldest candidate in the presidential race, but as of now, he seems to be the younger generation’s candidate. According to a recent survey, Sanders is favored by 46 percent of voters between the ages of 18 and 34, where Hillary Clinton is preferred by 35 percent. What’s going on here? Here are two stories, which offer some clues. In 2009, the vast majority of Republican senators opposed my nomination to serve as administrator of the Office of Information and Regulatory Affairs. Democratic senators were overwhelmingly supportive (with the exception of a few relative conservatives). Just one liberal threatened to join the opposition: Bernie Sanders. Before the vote, he agreed to talk to me about his objection. It was simple: I didn’t want to regulate “the banks.” I answered that the job for which I had been nominated didn’t much involve banks, and in any case I agreed that more bank regulation was a good idea. My response was ineffective: He reiterated that I didn’t want to regulate the banks, and went on to vote against me.
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The Daily Caller
Donald J. Trump: The Punditry Sneer While The People Speak
An op-ed by Kayleigh McEnany `16. The punditry snicker, the politicians sneer, and the editorialists scoff, but the American people speak and Donald J. Trump rises –commandingly so – confounding the powerful institutions of Washington D.C. and New York and earning him the ire of both. He is a true outsider – no doubt – forgoing political norms, defying the crusty cowardly so-called “Establishment,” and refusing to cower in the face of political correctness. Flanked on both sides, organized forces on the Left and the Right have made every effort to topple Trump, but these efforts have only served to embolden him and broaden his support.
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