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News@Law, 03/03/2016

News@Law is a selection of the day's news clips regarding Harvard Law School.
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Bloomberg Business
Bloomberg Law Brief: TX Abortion Case in Supreme Court (Audio)
Bloomberg Law Brief with June Grasso. Noah Feldman, a Harvard Law School professor and Bloomberg View Contributor, and Steven Vladeck, a law professor at the American University Washington College of Law, discuss a Texas abortion case that was heard in the supreme court on Wednesday. The case could have wide-ranging effect on women’s healthcare across the country, but after the death of Justice Antonin Scalia, there is the chance that the case could end in a 4-4 tie. They spoke with Bloomberg Law Hosts Michael Best and June Grasso on Bloomberg Radio’s "Bloomberg Law".
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90.5 WESA
Better Than A Sell-By Date, Your Phone Could Soon Tell You How Fresh Your Food Is
Pittsburgh’s Lauren Wallace is willing to go the extra mile to make sure she’s getting the freshest milk possible at the grocery store. She regularly inspects the sell-by dates on the cartons and even digs to the back of the cooler to get the best ones. And when the milk in her fridge hangs around beyond the expiration date, she doesn’t even give the milk a chance to make a case that it’s still viable. ... According to Harvard Law School’s Food Law and Policy Clinic, 90 percent of us throw food away — either always, most of the time or occasionally — when that sell-by date arrives. But what many consumers don’t realize is that those dates aren’t intended to be hard and fast deadlines; they’re just a guess by manufacturers about how long food will stay fresh.
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Leader-Telegram
The Forum: Ex-candidate says campaign funding must be fixed
No matter which candidate emerges victorious in November’s U.S. presidential election, little progress will be made on the major problems facing the nation because the way Congress operates is broken, a Harvard law professor said during his address Wednesday as part of The Forum series. Lawrence Lessig, a one-time Democratic candidate in the presidential race before he dropped out four months ago, told the audience at UW-Eau Claire’s Schofield Auditorium that big money unduly influences members of Congress, meaning politicians pay attention to those funding their campaigns at the expense of the wishes of the vast majority of Americans. “It doesn’t matter who is elected president until we find a way to fix the way campaigns are funded,” Lessig said during his presentation titled Republic, Lost: How Money Corrupts Congress — And a Plan to Stop It.
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BBC
Harvard drawn into race battle at US universities
The decision by Harvard to use the term "faculty deans" to describe the lead advisors of student dormitories, instead of "house masters", is to do with the word's reminiscence of slavery in the US. Harvard is not the only Ivy League school to dispense with "master" in some academic titles. Yale and Princeton have discontinued its use, andMassachusetts Institute of Technology is considering a similar change. ... "There's just something to the stories we choose to tell," says Rathna Ramamurthi, a second year law student and member of Reclaim Harvard Law. "[The Royalls were] a particularly brutal slave owning family, a family that violently oppressed slaves, made all of their money off the backs of slaves."
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Bloomberg View
Texas Abortion Case Comes Down to ‘Undue Burdens’
An op-ed by Noah FeldmanWhat’s an undue burden? That question was at the heart of Wednesday’s oral argument at the U.S. Supreme Court in the Texas abortion case of Whole Woman’s Health v. Hellerstedt. In particular, the conversation focused on whether the court needs to do a cost-benefit comparison to determine an undue burden -- and if it does, what statistical evidence is needed to do it properly. As expected, the oral argument reinforced the sense that the outcome of the case depends on Justice Anthony Kennedy. The four liberal justices made it pretty clear that the Texas law, which requires abortion clinics to operate more like hospitals, should be struck down. The three conservatives, sorely missing the support of Justice Antonin Scalia, will surely vote to uphold it, although Justice Clarence Thomas kept silent on Wednesday. What matters, therefore, is how Kennedy is thinking about the undue-burden problem.
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NBC News
Justices Honored Scalia on the Eve of Major SCOTUS Abortion Case
To those who knew him best, Justice Antonin Scalia was "Nino," a man whose contrarian legal views belied his warm and friendly demeanor off the bench. Fellow justices gathered at the Mayflower Hotel on Tuesday to remember their friend. ... Scalia was remembered for his sense of humor by many, as a magnificent performer by Justice Ruth Bader Ginsburg, and a poor estimator of travel time by his daughter Catherine. "That was Justice Scalia's gift," said John Manning, a former clerk for Justice Scalia who is now a professor at Harvard Law School. Scalia took boring technical everyday law and he showed what was at stake for constitutional democracy, Manning said. Clerking for Justice Scalia changed Manning's life, he said.
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The Orange County Register
The forgotten history of Justice Ginsburg’s criticism of Roe v. Wade
Justice Ruth Bader Ginsburg is the Supreme Court’s most ardent protector of abortion rights, outspoken enough about their importance to become an icon to young feminists and a source of outrage among her detractors...."Although she cares deeply about abortion rights, I would guess that she may have had less of an impact in this area than she might have wished," said Richard Fallon, a Harvard law professor who studies the court.
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The News and Observer
Ted Cruz, facing suits on Canadian birth, lawyers up
Harvard Law School constitutional expert Laurence Tribe, who was Cruz’s professor, is the most visible scholar questioning the Texan’s eligibility. “Cruz claims that the narrow, historical meaning of the Constitution is literal, except when it comes to the ‘natural born citizen’ clause,” said Tribe at a Harvard Federalist Society meeting last month. And, since the Constitution had its basis in English common law, that would mean a citizen born on American soil.
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