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News@Law, 02/23/2016

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

Backchannel
When Comcast’s Business As Usual Turns Out to Limit Minority Access
An op-ed by Susan Crawford. Late last month, CTC Technology & Energy, an independent consulting firm that had been retained by the state of Connecticut, released a report that included some shocking stories about business connectivity in Hartford, the capital of the state. Connecticut has the highest per capita income of all fifty states. Hartford is largely black (38%) and Hispanic (43%). Connecticut as a whole is mostly white (69%). CTC found that high-quality fiber and cable high-speed Internet access services did exist close to the business locations in Hartford that the firm visited. But close doesn’t mean connected. And the businesses CTC talked to said that they’d have to pay sky-high amounts to Comcast to get hooked up — and after that it would cost them enormous monthly fees to have a persistent connection.
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The Harvard Crimson
HLS Panel Encourages Reparative Justice Over Buried History
At a time when Harvard finds itself debating the ways controversial history is remembered on campus, Caribbean historian Hilary M. Beckles told a Harvard Law School audience the best way to deal with a thorny past is confronting it head on. “There’s no point in burying the legacy and memories,” Beckles said. “Let us bring everything to the surface and find a way forward through all of this.” Beckles was the keynote speaker at a panel discussion on reparatory justice for Caribbean countries that facilitated the slave trade, and was joined by other Harvard professors on the panel in the Law School’s Ames courtroom..Alexander J. Clayborne, a third-year Law School student who has helped organize protests, attended the event and said he found the talk “powerful,” especially as it pertained to both global and current events at Harvard...Professors Annette Gordon-Reed, Kenneth W. Mack, and Vincent Brown also participated in the panel.
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The Wall Street Journal
Investors Question Independence of Long-Stay Directors
Investors are getting more pro-active in addressing directors’ lengthy tenures...The number of S&P 500 directors with tenure exceeding 10 years rose 35% to 2013 from 2007, and for those with tenure of over 15 years, the rise was 31% in the same period, according to research by Yaron Nili, a fellow at the Harvard Law School Program on Corporate Governance, based on data collated from RiskMetrics...And there is more than just long-tenure diluting a director’s independence, said Harvard’s Mr. Nili. The rise in the appointment of retired chief executives or other C-suite executives from other firms, combined with the trend of long terms, is giving rise to a new class of director: The “new insider.” “The increasing use of board members who serve for longer periods and come with a predisposed background as corporate insiders elsewhere is not accidental, but is in fact an effort on the part of companies to import the benefits that an “insider” board would have produced,” Mr. Nili wrote in an article accompanying his research.
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Bloomberg
Would Scalia Say This Was an Illegal Search?
An op-ed by Noah Feldman. The death of Justice Antonin Scalia and the interbranch dispute about the nomination of his successor draw attention to the U.S. Supreme Court at its most grand and important. But Monday morning, the eight justices sit down for business as usual. One case, about Veterans Affairs Department set-aside contracts, will be decided on the interpretation of a statute. It’s the kind of case that excited Scalia and that most of the other justices consider routine. The other case, Utah v. Strieff, is a little different. It’s about the legal consequences of an illegal police stop. In the era of Ferguson, no topic connected to illegal arrests can be considered unimportant.
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The Harvard Crimson
Law School Committee Prepares to Release Report on Seal
...After re-examining the seal’s history roughly 80 years later, a Law School committee will likely decide this week whether to recommend changing the school’s shield. After weeks of reviewing documents detailing the seal’s origins and speaking to Law School affiliates, the committee—composed of students, faculty, staff, and alumni—will release its full report in March to the Corporation, which holds final decision-making authority...“The report that we make to the Corporation will be very detailed,” Bruce H. Mann, chair of the committee reviewing the seal, said. “It will include what we know about Isaac Royall, it will include the origins of the shield, the circumstances in which it was adopted, because all of those really are relevant factors in what should be done with the shield going forward.”...Bianca S. Tylek, a Law School student activist, said that based on the committee members’ backgrounds, the group seems favorable to changing the seal. The committee includes activists and legal historians who study civil rights and race in America. “I think we have a pretty good feeling about the shield changing,” Tylek said.
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