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News@Law, 03/22/2016

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
US needs a government of laws, not people
An op-ed by Martha Minow and Deanell Tacha. Sometimes you don’t value what you have until you experience its absence close up. We each are deans of law schools; we each have seen, close up, nations without courts independent of political or partisan control. Plagued by conflict and distrust, countries without operating independent judiciaries struggle to earn local and international confidence. In the United States, we see how a fair, impartial, unbiased, and nonpolitical judiciary is central to American justice, permitting economic exchange and peaceful solutions to disagreements. This treasure depends upon the aspiration to maintain a government of laws, not men, focused on each case decided in light of the factual record and not political winds or personal preferences. And this treasure is in jeopardy at the highest level if the Senate refuses even to consider the president’s nominee to be the next associate justice of the Supreme Court.
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The Harvard Crimson
Law School Faculty Defend Minow, Criticize Activists
A week after Harvard Law School’s seal change became final, a group of faculty members are publicly speaking out in support of Law School Dean Martha L. Minow, charging that student activists at the school have not given her due credit for her efforts to address racial issues on campus. Seven Law School faculty members—Glenn Cohen, Randall L. Kennedy, Richard J. Lazarus, Todd D. Rakoff, Carol S. Steiker, Kristen A. Stilt, and David B. Wilkins—published an open letter in the Harvard Law Record Monday defending Minow. They wrote, “Our goal here is… to express our support and deep appreciation for Dean Minow and all that she has done during this difficult and important process, and to advance the cause of justice throughout her long and distinguished career.”
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Harvard Gazette
The costs of inequality: Across Harvard, efforts to improve lives
...Various Harvard departments and Schools have long embraced efforts to help surrounding communities. The Harvard Legal Aid Bureau, for instance, has provided free legal representation to poor defendants since 1913...Every year at Harvard Law School (HLS), 50 student attorneys help local residents with legal matters, from child custody to evictions to unemployment problems to Social Security benefits. The students do so through the Legal Aid Bureau, the nation’s oldest student-run organization offering free legal services to residents struggling to make ends meet. The students commit to at least 20 hours of work per week during two years, and handled 300 cases last year. The bureau, which is funded by Harvard, is the second-largest provider of free civic legal aid locally, after the nonprofit Greater Boston Legal Services. “It’s really like having 50 full-time lawyers that Harvard is contributing to civic legal aid per year,” said Esme Caramello, clinical professor of law and the bureau’s deputy director. The bureau strives to mirror the community it serves. The participating students select the next class of student lawyers, and they promote diversity because it encourages inclusion, said Amanda Morejon, current president of the bureau. Morejon graduated from the College in 2013 and will receive her degree from the Law School in May. “We don’t want to be so far removed from our clients,” said Morejon. “Our clients are a racially and ethnically diverse population, all low-income. I had a client who was a Hispanic woman, and my being a Hispanic woman was extremely important to her.”
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Bloomberg
U.S. Law Is So Great Even Europeans Want to Use It
An op-ed by Noah Feldman. In recent years, the Supreme Court has been loath to apply U.S. law abroad, fearing that becoming an international sheriff would alienate other nations and interfere with foreign policy. But what if foreign countries ask U.S. courts to step in? That's what is happening in European Community v. RJR Nabisco, a case that was argued Monday. The European states that are plaintiffs in the underlying case want the Supreme Court to apply the Racketeer Influenced and Corrupt Organizations (RICO) law to a drug enterprise that took place outside the U.S. and caused injury in Europe. The basis of their argument is that RJR participated in money laundering within the U.S. -- and that they, America’s loyal allies, want the law to apply in this case.
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The Huffington Post
What The US Can Learn From UK Supermarket Donating Unsold Food
One of the U.K.’s — and the world’s — biggest grocery store chains announced big news on the food waste front this month. In the coming months, Tesco, which boasts some 6,800 stores worldwide but is headquartered in England, will expand its 14-store trial run of an initiative that saved the equivalent of 50,000 meals worth of food from heading to a landfill, donating that food, instead, to charity groups...Emily Broad Leib, director of Harvard Law School’s Food Law and Policy Clinic, says that is because the U.S. has arrived at the issue later than countries like France and the U.K., where efforts to address the issue have gotten a significant head start on the U.S. and are, just now, coming to fruition. Still, Leib noted, Americans are making significant progress. “I do think it’s on the radar of more and more stores,” Leib told The Huffington Post.
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Bloomberg
iPhone Hearing Canceled as FBI Tests Hack Without Apple’s Help
In a standoff with Apple Inc. over access to a terrorist’s smartphone, the federal government is favoring a technological workaround over a court clash it risked losing. The U.S. Justice Department, which had sued to force Apple to help it gain access to data locked in the iPhone used by an attacker who killed 14 people last year in San Bernardino, California, abruptly switched tack late Monday. It asked a magistrate judge to cancel a court hearing in the case scheduled for Tuesday, instead saying it would test another way of accessing the information...“There’s a lot of people right now who are curious who this third party is,” said David O’Brien, a senior researcher with the Berkman Center for Internet and Society at Harvard University. “It appears the FBI turned away from the opportunity to test its case in court and get a ruling that could have set a precedent.”
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Bloomberg
Sorry, Hulk Hogan, the First Amendment Is on Gawker’s Side
An op-ed by Noah Feldman. Last week I had to defend Donald Trump’s free-speech rights. Now that a Florida jury has awarded Hulk Hogan $115 million in his suit against Gawker, I have to defend the original snark-site’s free-press right to have shown a sex tape of the retired wrestler and his erstwhile best friend’s wife. This First Amendment stuff is sometimes a serious drag.
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