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News@Law, 02/16/2016

News@Law is a selection of the day's news clips regarding Harvard Law School.
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WBUR/On Point
Filling Scalia’s Seat
A stunning development for the U.S. Supreme Court this weekend, with news that Justice Antonin Scalia was found dead in his room at a luxury hunting resort near the Mexican border in Texas.He was 79. Natural causes, says a local judge. Scalia was the fiery leader of the conservative wing of the court, where frequent 5-4 decisions make any change of membership hugely consequential.President Obama says he will nominate a successor. Republicans say, “Don’t.”  This hour On Point, after Scalia. ... Laurence Tribe, professor of Constitutional law at Harvard Law School. Author, with Joshua Matz, of the book “Uncertain Justice,” among many others.
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CNN
Justice Scalia transformed court
An op-ed by Richard Lazarus: Justice Antonin Scalia joined the bench 30 years ago, this coming September. From his first days on the bench on that first Monday of October to his final days just a few weeks ago, Scalia changed the Supreme Court and its rulings. But his influence was far more profound and transformative than the many significant individual rulings he authored and those that he joined. Justice Scalia did no less than change the nature of legal argument before the Court and opinion writing by the Court.
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Washington Times
Scalia’s death shakes contraception mandate, other high-profile court cases
A Christian college in Pennsylvania could be forced to provide contraceptive health care coverage to its employees or else pay massive fines, but a school in Iowa would be shielded from Obamacare’s contraceptive mandate if the Supreme Court deadlocks, 4-4, in one of the major cases pending this term....“States do things differently all the time,” said Holly Lynch, a bioethics analyst at Harvard Law School who closely tracks the contraception mandate debate. On the other hand, she said, stakeholders usually expect federal law to be applied evenly across the nation.
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The Guardian
Antonin Scalia: liberal clerks reflect on the man they knew and admired
Supreme court justice Antonin Scalia’s death on Saturday leaves behind a complicated legacy. The jurist will be remembered not just as a touchstone of modern conservatism, but also as one of its outsized contrarians. ...“You read his opinions and especially his dissents, and you’d think he’d be the Ted Cruz of the supreme court, completely acerbic. Yet he was loved by his colleagues,” Scalia’s former clerk and noted Harvard Law School professor Lawrence Lessig told the Guardian. “I asked him about it once, and he said: ‘Because I’m consistently so outspoken and extreme in my writing, no one is offended. If Justice [Lewis] Powell didn’t smile at you one day, you’d think he was furious at you.’”
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MSNBC
Harvard Law prof: GOP is ‘making up history’
Sen. Richard Blumenthal, D - Ct., and Harvard Law Professor Laurence Tribe join Chris Matthews to talk about the GOP's vow to block an Obama SCOTUS pick.
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Harvard Gazette
Death of a judicial giant
It’s rare that the sudden death of a 79-year-old man comes as a shock to the nation, but when that man is Supreme Court Associate Justice Antonin Scalia, a legal giant and defender of conservative jurisprudence with a rapier wit and formidable intellect, the reaction seems to fit the figure. ...Dean Martha Minow of HLS said in a statement. “At Harvard Law School, we are deeply grateful that he returned so often to meet with our students, to judge our moot court competitions and — as he so loved to do — joust with law professors and students alike. ...“Nino was memorably smart, gregarious, funny, playful — a good pal — as well as plainly serious about his studies,” recalled Frank Michelman. ...A former law clerk to Justice Scalia, Adrian Vermeule, the John H. Watson Jr. Professor of Law at HLS, called him “a courageous and warm-hearted man who had such an outsized influence on the court and on American law because he was not afraid to stick his neck out. ...“That Justice Scalia was an original and a justice for the ages is beyond dispute,” said Laurence Tribe
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Harvard Crimson
Law School Affiliates Remember Alum Scalia for Fiery Personality, Contributions to Law
Harvard Law School affiliates remembered alumnus and Supreme Court Justice Antonin G. Scalia, who died Saturday at age 79, for his vibrant, fiery personality and his substantial contributions to United States law. “Justice Scalia will be remembered as one of the most influential jurists in American history,” Law School Dean Martha L. Minow wrote in a statement. ...  Law School professor Alan M. Dershowitz, who knew Scalia personally, often found himself squaring off against the justice. Dershowitz said. “I disagree with almost all of his opinions, but I found him to be a formidable intellectual adversary.”....Law professor Charles Fried, who has written extensively on Scalia’s judicial stances, wrote in an email, “I knew him in so many ways over so many years. I am very sad about this great man's death.”...Law professor Richard Lazarus penned an op-ed in the Harvard Law Record extolling Scalia’s contributions to the art of oral argument. In a Bloomberg View piece, columnist and Law professor Noah R. Feldman wrote, “Antonin Scalia will go down as one of the greatest justices in U.S. Supreme Court history -- and one of the worst.” Law Professor Laurence H. Tribe commented in Politico Magazine, “To say that Scalia will be missed is an understatement.”
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Boston Globe
Antonin Scalia remembered for close ties to Harvard
Antonin Scalia once vowed to Alan Dershowitz that he would someday convince the Harvard scholar that the Supreme Court’s decision to effectively award the presidency to George W. Bush was correct. ... Law School Dean Martha Minow also described Scalia as “one of the most influential jurists in American history.” “He changed how the court approaches statutory interpretation and in countless areas introduced new ways of thinking about the Constitution and the role of the court that will remain important for years to come,” Minow said in a statement.
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New York Times
Scalia’s Absence Is Likely to Alter Court’s Major Decisions This Term
Justice Antonin Scalia’s death will complicate the work of the Supreme Court’s eight remaining justices for the rest of the court’s term, probably change the outcomes of some major cases and, for the most part, amplify the power of its four-member liberal wing. ...“Justice Scalia’s sad and untimely death will cast a pall over the entire term and a shadow over the court as a whole at least until a successor is nominated and confirmed,” said Laurence H. Tribe, a law professor at Harvard. ...“No less than the viability of the historic climate change agreement reached in Paris may well be in peril,” said Richard J. Lazarus, a law professor at Harvard. “And without Justice Scalia’s vote, that stay would have been denied.”
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The Globe and Mail
Retired Canadian jurists respectfully dissent from Scalia’s approach, style
The first time Ian Binnie met Antonin Scalia, the U.S. Supreme Court justice was at his acerbic, gregarious best. It was in Auckland in 1999, and Justice Scalia, fresh from an Australian vacation, extended his hand. ...Mark Tushnet, the William Nelson Cromwell Professor of Law at Harvard, said that if originalism is understood to exclude other interpretive approaches, its influence on the U.S. Supreme Court’s decisions has been limited.
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Bloomberg View
When Every Letter Becomes Political
An op-ed by Noah Feldman: There is something obviously preposterous about Anat Berko’s suggestion on the floor of Israel’s Knesset that Palestine can’t exist because the Arabic language doesn’t have the “P” sound. But the use of amateur linguistics in politics isn’t restricted to arguments denying opponents’ legitimacy -- it can also be used for salutary purposes. Barack Obama, for example, visiting a U.S. mosque for the first time in his presidency, recently said that “the very word itself, Islam, comes from salam -- peace.”From a technical standpoint, both Berko and Obama are wrong.
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Harvard Gazette
The costs of inequality: Education’s the one key that rules them all
Third in a series on what Harvard scholars are doing to identify and understand inequality, in seeking solutions to one of America’s most vexing problems....Trauma also subverts achievement, whether through family turbulence, street violence, bullying, sexual abuse, or intermittent homelessness. Such factors can lead to behaviors in school that reflect a pervasive form of childhood post-traumatic stress disorder. At Harvard Law School, both the Trauma and Learning Policy Initiative and the Education Law Clinic marshal legal aid resources for parents and children struggling with trauma-induced school expulsions and discipline issues. ...With help from faculty co-chair and Jesse Climenko Professor of Law Charles J. Ogletree, the Achievement Gap Initiative is analyzing the factors that make educational inequality such a complex puzzle: home and family life, school environments, teacher quality, neighborhood conditions, peer interaction, and the fate of “all those wholesome things,” said Ferguson.
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New York Times Magazine
Scalia’s Supreme Court Seat and the Next Frontier in Political Hardball
In 2004, Mark Tushnet, a [Harvard University] law professor, wrote an article about “constitutional hardball,” which he defines as legal and political moves that are “within the bounds of existing constitutional doctrine and practice but that are nonetheless in some tension with existing pre-constitutional understandings.”
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Take Part
Why You Should Keep Drinking Milk Long After Its ‘Sell By’ Date
Before filling up a bowl of cereal or dunking a cookie in glass of milk, many of us check the carton’s “use by” or “sell by” date. What we may not realize is that doing so leads many Americans to senselessly dump milk down the drain. That problem is exacerbated in one state in particular, owing to its strict labeling laws. The new mini documentary Expired: Food Waste in America explores how confusing expiration dates fuel food waste in America. Created by the Harvard Food Law and Policy Clinic, the five-minute film looks in particular at Montana’s milk regulations and how they are indicative of larger food waste problems across the U.S.
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WBUR
Justice Antonin Scalia’s Innovative Opinions And Time At Harvard Remembered
On Saturday, Supreme Court Justice Antonin Scalia died at the age of 79. Harvard Law Emeritus Professor Alan Dershowitz, who knew Justice Antonin Scalia for many years, joined WBUR’s Weekend Edition Sunday to talk about Scalia’s innovative opinions and legacy.
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Slate
Antonin Scalia’s Other Legacy
In addition to his fiery rhetoric, his originalism, and his profound impact on his fellow Supreme Court justices and the court itself, Antonin Scalia was famous for another thing: his surprising support of criminal defendants in many cases. “I ought to be the darling of the criminal defense bar,” Scalia once pleaded. “I have defended criminal defendants’ rights—because they’re there in the original Constitution—to a greater degree than most judges have.” ... Still, Scalia’s opinions for the court—and, as ferociously, his dissents—have shaped the landscape of protections afforded to criminal defendants. Charles Ogletree, a famed public defender, adviser to President Obama, and Harvard Law School professor, said of Scalia, a brilliant, colorful, towering giant of the legal community who died suddenly on Saturday at the age of 79, “We are from different worlds, but we both appreciate the Constitution and the Bill of Rights.”
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BBC
Can technology bring lawyers into the 21st Century?

The legal profession is perhaps more associated with bulging files of papers, odd clothing and arcane procedures than with technological innovation. But several start-ups are trying to give this most conservative - and sometimes vexing - of professions a digital makeover. ... Harvard Law School is attempting to address this by scanning reams of court documents dating back centuries and making them available to the public.


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