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News@Law, 01/08/2016

News@Law is a selection of the day's news clips regarding Harvard Law School.
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MSNBC
Trump gives Cruz legal advice on citizenship
Donald Trump continues to raise questions about Ted Cruz's Constitutional eligibility to be president and even gave “advice” on how Cruz should address the issue. Lawrence asks Cruz's former Harvard Law Professor Laurence Tribe, if the issue really is "settled law."
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Reuters
In Supreme Court labor case, echoes of gay marriage fight
A U.S. Supreme Court case set for argument Monday challenging powerful public-sector unions echoes a very different dispute: The recent battle over gay marriage. The legal fight pits a small group of teachers and the Christian Educators Association International (CEAI) against the influential California Teachers Association, a union with 325,000 members and a history of backing liberal political causes. ... If the plaintiffs win, Benjamin Sachs, a professor at Harvard Law School, said he would expect to see more workers stop paying for union representation. "That would create a profound free-rider problem for all public unions," he said.
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Bloomberg View
Alabama’s Obstruction of Gay Marriage Must Stop
An op-ed by Noah Feldman: Alabama Chief Justice Roy Moore is at it again, grandstanding to block implementation of the U.S. Supreme Court’s gay-marriage decision in his state. This time his legal arguments are much weaker than they were last January and February and March, before the nation’s highest court ruled in June. And this time Moore is flirting with outright defiance and the potential loss of his post. That’s an experience he’s had before: In 2003, he was removed from office after defying a federal court order to uproot a granite statue of the Ten Commandments in front of the Alabama Supreme Court.
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Albany Times Union
Harvard law clinic joins Albany County in oil train challenge
Lawyers and students from Harvard Law School will help Albany County make its case in a lawsuit that claims a new federal rules on oil train safety are not strict enough, County Executive Daniel McCoy said Thursday. The school's Emmett Environmental Law and Policy Clinic will help the county draft its argument to the U.S. Circuit Court of Appeals in Washington, D.C., in support of a lawsuit brought against the U.S. Transportation Department this fall by a coalition of environmental groups. ...This the first time the clinic has joined in national litigation over crude oil train issues, said Shaun Goho, a professor who is senior clinical instructor. The number of such trains has risen dramatically since 2013 due to the hydrofracking boom in the Bakken fields of North Dakota. "So far, we are assisting only Albany County so far, but we could become involved later with other local governments," Goho said.
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New York Times
How the Government Has Responded to Armed Standoffs
Law enforcement officials seem in no hurry to confront a group of armed antigovernment protesters occupying a federally owned wildlife refuge in Oregon this week – a clear shift from tactics used during previous, sometimes deadly encounters. Here are four armed confrontations in recent times, and the ways in which the authorities responded. ... A Harvard professor of law and psychiatry, Dr. Alan A. Stone, took the F.B.I. to task in a report to the Justice Department in November 1993. An apocalyptic sect like the Branch Davidians should not have been handled as if it would “submit to tactical pressure,” Dr. Stone wrote. Government agents sought to prove to Mr. Koresh that they were in control. Instead, Dr. Stone said, they drove him to the “ultimate act of control — destruction of himself and his group.”
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Newsweek
Make no mistake: Abortion is a fundamental right
An op-ed by Michael Dorf: This article was first published on the Supreme Court of the United States site. Dissenting in Planned Parenthood v. Casey, Chief Justice William Rehnquist claimed that the controlling joint opinion of Justices Sandra Day O’Connor, Anthony Kennedy and David Souter rejected two key features of Roe v. Wade: Abortion was no longer a “fundamental right” and abortion restrictions were no longer subject to strict scrutiny, the late chief justice said. ...Nonetheless, Laurence Tribe is almost certainly correct in reading Lawrence as protecting a fundamental right under a slightly different name. As he explained shortly after the decision, the Lawrence Court cited prior fundamental rights rulings and even “invoked the talismanic verbal formula of substantive due process but did so by putting the key words in one unusual sequence or another.”
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Huffington Post
Rackets Science: Obama’s Omnibus, or the Influence Peddlers Protection Act of 2015 (Pt 1)
Political scientists need a new sub-specialty to describe the end-of-year extravaganzas that influence peddlers and special interests have combined to make a Capital Christmas tradition: the racket of wholesale plundering of the government's treasury. Paraphrasing Willie Sutton, that's where the (tax-farmed and public-debt) money is. ... And then, barely worth remarking in the Bush/Obama permanent state of discretionary imperial war, there is a constitutionally required declaration of warhidden in there somewhere, according to Harvard's expert on such things, Jack Goldsmith. "Congress is not calling its funding an authorization for the use of force against ISIL, much less debating the authorization. But make no mistake: The funding to continue the war against ISIL is an authorization of force against ISIL, albeit a quiet one, designed not to attract attention." "Authorization of force" is bureaucratic euphemism for "declaration of war."
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Bloomberg View
Rosa Parks Is Still Rewriting Laws
An op-ed by Noah Feldman: Rosa Parks now belongs to the ages -- literally. The U.S. Court of Appeals for the 11th Circuit has ruled that the estate of the civil-rights pioneer can’t block the use of her image on a commemorative plaque being sold at a Target near you, because she and her story are matters of public interest. The case raised the crucial question of who owns a person’s story once he or she has been in the news. Construed broadly, the decision could mean the end of life-rights sales to the motion-picture industry.Like most property rights, the privacy right to control your own image and story is a matter of state law. The federal court decided the case under Michigan law, because Michigan is where the foundation that inherited Parks’s estate is located.
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ABA Journal
Does Ted Cruz’s Canadian birth bar him from presidency?
Ted Cruz was born in Canada to an American mother. Does the Constitution bar him from the presidency? Donald Trump has raised the issue in their campaign for the GOP presidential nomination. ...  The U.S. Supreme Court has never ruled on the meaning of the phrase. But Harvard law professor Laurence Tribe is among many scholars who say the better view is that a “natural born citizen” is anyone who was a U.S. citizen at birth and doesn’t need to be naturalized. Former solicitors general Neal Katyal and Paul Clement agreed with Tribe’s view in a March 2015 article for Harvard Law Review Forum.
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