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News@Law, 01/12/2016

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

The Boston Globe
Constitutional Cruz control
An op-ed by Laurence Tribe. There’s more than meets the eye in the ongoing dustup over whether Ted Cruz is eligible to serve as president, which under the Constitution comes down to whether he’s a “natural born citizen” despite his 1970 Canadian birth. Senator Cruz contends his eligibility is “settled” by naturalization laws Congress enacted long ago. But those laws didn’t address, much less resolve, the matter of presidential eligibility, and no Supreme Court decision in the past two centuries has ever done so. In truth, the constitutional definition of a “natural born citizen” is completely unsettled, as the most careful scholarship on the question has concluded. Needless to say, Cruz would never take Donald Trump’s advice to ask a court whether the Cruz definition is correct, because that would in effect confess doubt where Cruz claims there is certainty.
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The Washington Post
Imagine there’s no Congress
An op-ed by Adrian Vermeule. In the spirit of John Lennon, let’s imagine, all starry-eyed, that there’s no U.S. Congress. In this thought experiment, the presidency and the Supreme Court would be the only federal institutions, along with whatever subordinate agencies the president chose to create. The court would hold judicial power, while the president would make and execute laws. The president would be bound by elections and individual constitutional rights, but there would be no separation of legislative from executive power. Would such a system be better or worse than our current system? How different would it be, anyway?
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WGBH
The Internet’s Founding Fathers Issue a Warning
...[David] Clark, and Harvard professor Yochai Benkler, one of the legal experts that shaped the Internet’s development, have issued a warning in joint papers published in the American Academy of Arts and Sciences’ magazine, Daedalus. More than three decades after the worldwide communications network was born, Clark and Benkler say they’re deeply concerned that the Internet is headed in a dangerous direction that its founders never intended...Benkler realized the Internet was like a new Louisiana Purchase – a huge amount of new property suddenly open for adventurous homesteaders to stake a claim. So he switched tracks. Using the Homestead Act as a guide, Benkler helped create a legal framework that protected the Internet from being gobbled up and claimed by corporations. And then, smart phones came along. And Steve Jobs created the iPhone. “I think there’s very little doubt that Steve Jobs in particular was someone who had a vision of a more controlled experience that viewed consumers as people who needed a well controlled, well structured environment to thrive in,” Benkler said. “That was part of his genius, and that was part of his threat.”
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Bloomberg
Is Cruz ‘Natural Born’? Well … Maybe
An op-ed by Cass Sunstein. As just about everyone knows by now, Senator Ted Cruz was born in Canada, to a Cuban-born father and a mother who was a U.S. citizen. Cruz held Canadian citizenship for nearly all of his life, relinquishing it only in 2014, when he was planning to run for the presidency. Is he eligible to hold the office he seeks? This is a question of constitutional law, not of politics; it should be approached as such. Respected analysts have shown that the question is not simple to answer. The Constitution states that the president must be “natural born,” but doesn't define that term. The Supreme Court has never ruled on the issue; if it did, it would find a murky history.
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American Libraries Magazine
Creativity, Innovation, and Change
“Let’s start not with technology but with values.” That was the opening remark from Jonathan Zittrain, professor of law at Harvard Law School and the Harvard Kennedy School and cofounder of the Berkman Center for Internet and Society, who gave a lively talk January 10 at the 2016 Midwinter Meeting in Boston. Zittrain addressed those gathered for “Creativity, Innovation, and Change: Libraries Transform in the Digital Age,” asking them what libraries’ core purpose is. “Why do we have the books to begin with?” he asked. He noted four goals that he said were nothing new, radical, or subversive:
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MSNBC
Donald Trump quotes ‘The Last Word’ (video)
Trump is quoting from Lawrence's newsmaking interview on Ted Cruz's presidential eligibility with Harvard Law professor and constitutional expert Laurence Tribe. Tribe returns to respond to Trump quoting him and to talk more about his former law student.
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