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News@Law, 04/07/2016

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

Harvard Gazette
Hunting polluting gases around Boston
Harvard students, faculty, and fellows are training new high-tech instruments on Boston’s skies, searching for one well-known troublemaker and one escapee among the atmosphere’s invisible gases. The old troublemaker is carbon dioxide, the greenhouse gas released by burning fossil fuels that long has been known as the main cause of climate change. The escapee is methane, an even more powerful emission that is the main component of the natural gas burned in home furnaces and in the electricity-generating power plants that are shouldering aside coal-fired plants across the country...The project is being conducted in collaboration with Hutyra and Wendy Jacobs, clinical professor of law and director of the Emmett Environmental Law and Policy Clinic at Harvard Law School. Jacobs said the interdisciplinary nature of the project is key, and the goal is not just to use science to illuminate the problem of methane and carbon dioxide emissions in the city, but to design laws and regulations to address the problem. “Laws, regulations, and public policy will not be effective unless informed by reliable science and data. Reliable science and data can effectively be deployed to solve a problem when integrated into new technologies, laws, regulations, and public policies,” Jacobs said. “The collaboration of our distinct disciplines is more powerful than either discipline alone.”
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Time
Obama Has Officially Adopted Bush’s Iraq Doctrine
An op-ed by Jack Goldsmith. Last week the State Department’s top lawyer, Brian Egan, gave an important but underreported speech that marked the final stage of the Obama administration’s normalization of once-controversial Bush-era doctrines about the conduct of war. Before a gathering of geeky international law-loving lawyers in Washington, D.C., Egan announced the Obama administration’s official embrace of the same preemption doctrine that justified the invasion of Iraq. Egan’s speech marks the culmination of a continuity project that began, to many people’s surprise, at the beginning of Barack Obama’s first term. Since 2009, Obama has adopted the notion of a global war against al-Qaeda and associates; he expanded the legal basis of that war to include ISIS; he embraced military detention without trial, military commissions, state secrets and large-scale secret surveillance; and he ramped up drone strikes, deployment of Special Forces and cyberattacks.
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Bloomberg
Of Course Judges Can Reject Plea Deals
An op-ed by Noah Feldman. The prosecutor offers a deal. The defendant agrees. What right does a judge have to object? It's a salient question on Wall Street in recent years, as a number of federal judges have rejected plea deals and settlements, saying prosecutors and regulators were being too lenient on the corporate defendants. One such judge, Jed Rakoff, has even waged a parallel critical campaign in the media, pressuring the Securities and Exchange Commission to be tougher on corporate defendants. On Tuesday the U.S. Court of Appeals for the D.C. Circuit weighed in -- on the other side from Rakoff. In an opinion by Judge Sri Srinivasan, who was seen as a contender for the Supreme Court, the court said that federal judges can’t reject deferred prosecution agreements, a standard plea bargain technique. The opinion reflects a highly passive version of the judicial role, which is good news for defendants, but bad news for the public.
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Bloomberg
Obama’s Wobbly Legal Victory on Immigration
An op-ed by Noah Feldman. The administration of President Barack Obama just won a big legal victory for its decision to let some children of illegal immigrants remain in the country. On the surface, that might seem to augur well for the administration's efforts to ease other immigration restrictions in the face of Congressional opposition. Don't count on it. The federal court decision that backed Obama was based on precarious legal reasoning that's vulnerable to reversal by the Supreme Court.
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