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News@Law, 03/25/2016

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
On Business Issues, Republicans Might Want a Justice Garland
Memo to the Republican senators who refuse to consider President Obama’s Supreme Court nominee, Merrick Garland: When it comes to business issues, Judge Garland is about as good as you could hope for...Hannah Belitz [`17], a student at Harvard Law School who contributes to the blog On Labor, analyzed 22 Garland opinions involving the National Labor Relations Board and found that he sided with the agency in all but four. She acknowledged that while the language of his opinions speaks repeatedly of a need for judicial deference to agency decision-making, nonetheless “the effect of that deference is favorable to labor and unions.” Her work has been widely cited as evidence that Judge Garland is a captive of “Big Labor.”
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The Harvard Crimson
Snowden’s Attorney Critiques U.S. Government on Privacy Rights
Jesselyn Radack, attorney to whistleblower Edward J. Snowden, called on the U.S. government to prioritize privacy over security during the Harvard Human Rights Journal’s symposium on Thursday at the Law School...The symposium sought to reframe the debate on the relative importance of human rights versus national security, according to Law School student Roi Bachmutsky, who co-chaired the symposium. “We wanted to take the next step and ask, ‘Whose security are we really protecting, by what means, and whose security pays the price by protecting this first group’s security?’” Bachmutsky said.
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The Harvard Crimson
Graduate Students Question Data About BGLTQ Sexual Assault
six BGLTQ student groups from across Harvard sent an email to University President Drew G. Faust asking her to clarify the results of last semester’s survey about campus sexual assault.The email asks for more specific data about the rate of sexual assault among BGLTQ students and clarifications about how the survey categorized students by sexuality and gender. ...Anna E. Joseph, a third-year student at Harvard Law School and co-president of Harvard Law School Lambda said she and other Law School students spearheaded the letter. They reached out to student groups at other Harvard schools, including the Kennedy School, the Business School, and the Graduate School of Education, to solicit a response from Faust, Joseph said. “We thought we would get President Faust’s attention if we could make it a cross school coalition,” Joseph said. “So we reached out to other LGBTQ organizations and they were super supportive.”
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Bloomberg
What Religious Freedom Means. (It’s Complicated.)
An op-ed by Noah Feldman. The Supreme Court looks like it's going to split 4-4 on whether religious organizations are entitled to have even their health insurance providers exempted from providing contraceptive care under the Affordable Care Act. That much was clear from the justices comments at oral arguments on Wednesday. That will leave unresolved the vexing legal questions at the heart of a challenge to Obamacare brought by the Little Sisters of the Poor: What is religious freedom and what does it mean for a law to impose an unacceptable burden on religious practice?
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The Christian Science Monitor
Influencers: FBI should disclose San Bernardino iPhone security hole to Apple
Now that American law enforcement may have a way into the iPhone used by the San Bernardino, Calif., shooter, it faces a new conundrum: Should it inform Apple so it can fix a vulnerability that may affect millions of consumer devices – even if that disclosure could make it harder for law enforcement to unlock iPhones in the future?...“The security of a product used by so many people – including and especially Americans – is part of national security,” said Jonathan Zittrain, professor of law and computer science at Harvard Law School. “While it is appropriate for law enforcement, with a warrant, to use a security flaw to gain access to which it is legally entitled, the flaw should be patched as soon as possible for everyone else’s sake.”
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