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News@Law, 03/14/2016

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

The New York Times
As Americans Take Up Populism, the Supreme Court Embraces Business
The Supreme Court vacancy created by the death of Justice Antonin Scalia highlights a growing rift between the country and the nation’s highest court on questions of economic power and support for big business. And that gap, legal experts say, is unlikely to be significantly narrowed by the kind of justice President Obama — or the next president, Democrat or Republican — is expected to nominate...Mark Tushnet, a left-of-center professor of constitutional law at Harvard Law School and the author of “In the Balance: Law and Politics on the Roberts Court,” says that while big businesses frequently lose individual cases before the court, these are “in some sense discrete problems.” By contrast, the arbitration and class-action decisions “end up regulating a large swath of litigation,” he said. “Lots of lawsuits are affected by the outcome and they are affected in a pro-business way.”
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The New York Times
Pfizer’s Eager to Go, but the Market Has Doubts
The stock market isn’t convinced that the biggest tax inversion merger on the horizon — Pfizer’s pending blockbuster deal with Allergan — will be concluded without major problems...Whether Pfizer would have more flexibility in using its overseas cash after the merger is an important question for the markets, but the answer is not yet clear. The Treasury is expected to issue further rules within the next several weeks. Stephen E. Shay, a professor at Harvard Law School, said the Treasury “has the prerogative to make a more muscular application of its administrative authority than they have already” regarding taxation of stranded cash controlled by a company like Pfizer.
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The National Law Journal
The Wild West of Fee Fights (registration)
Fee fights among plaintiffs attorneys in multidistrict litigation have forced more federal judges in recent cases to wade into the disputes — with practically no case law to guide them..."There are huge issues about the governance of MDLs that no Supreme Court has addressed in any satisfying way," said William Rubenstein, a professor at Harvard Law School who has testified as an expert for those challenging MDL fees. "The fee aspects are one of a subset of questions of how they're governed that have yet to attract good appellate law. The district court judges are struggling with these issues."
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People of American Samoa Aren’t Fully American
An op-ed by Noah Feldman. The circumstances of the birth of Republican presidential candidate Ted Cruz put constitutional citizenship into the headlines. Also in the news: A federal judge in Puerto Rico ruled last week that the U.S. Supreme Court’s gay-marriage decision doesn’t follow the flag to the island. What would happen if you mashed the two issues together, mixing birthright citizenship with the Constitution’s applicability to U.S. territories? The answer to this otherwise random-seeming question is in fact before the Supreme Court right now. At issue is whether it’s constitutional for Congress to deny birthright citizenship to people born in American Samoa, which has been a U.S. territory since 1900.
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ABC News
Essay: Will the First Amendment Survive the Information Age?
As Apple tries to fend off government demands for access to iPhone content, the company is leaning on free speech arguments as a key part of its defense in a California courtroom...About half of the successful First Amendment appeals to the U.S. Supreme Court today focus on corporate rights — a big change from previous decades, according to a survey of a half-century of court decisions by Harvard Law professor John Coates.
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