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News@Law, 04/08/2016

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

Read the Law, Judge. Pot Is a Sacrament.
An op-ed by Noah Feldman. A U.S. appeals court says that the federal law protecting religious liberty doesn't shield a Hawaiian church that uses cannabis in its rituals. That's pretty outrageous. The decision’s perverse logic relies on a cartoonishly rigid idea of religious obligation. And it suggests that the religious-freedom law only protects mainstream religious groups like the Catholic Church, not smaller denominations.
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The Harvard Law Record
Can There Be a “Principled” Defense of Tearing Down Posters in Belinda Hall?
An op-ed by Duncan Kennedy. Contrary to many colleagues, I do think there is a possible principled defense of Reclaim’s actions with respect to posters in Belinda Hall, one ­which I find persuasive, though with some reservations. The defense applies even to what many of the faculty seems to see as the “red line” of taking down antagonistic posters in the occupied space, and a fortiori to moving them to another space. I don’t think it is coherent to frame the issue as whether (in one colleague’s phrase) “acceptance of this situation by us, in what I take it we still regard as a public space of the law school, could be explained consistently with free-speech and common-membership principles for our school and university to which I’d assume we are all committed.”
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The Washington Post
Our wasted food is a huge environmental problem – and it’s only getting worse
The more scientists study the issue of food waste — and its worrying implications for both the environment and global food security — the clearer it becomes how much of a problem it is. Now, new research is giving us a few more reasons to clean our plates. A study just out in the journal Environmental Science and Technology concludes that we’re already producing way more food than the world actually needs — but a lot of the excess is being wasted, instead of used to feed people who need it...“So much of poverty and famine aren’t about a lack of resources overall — they’re just distributional [problems],” said Emily Broad Leib, an assistant clinical professor of law and director of the Harvard Food Law and Policy Clinic. “It’s not surprising to see that, and both across countries and within countries this challenge of the food markets really being attainable for certain segments of the population and not for others.”
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The New York Times
Free Pfizer! Why Inversions Are Good for the U.S.
Donald J. Trump wants to build a bricks-and-mortar wall to keep immigrants out of the United States. President Obama wants to build a virtual wall to keep companies from leaving. Neither is likely to work. On Monday, the Treasury Department issued new regulations in an attempt to limit “inversions” — in which American companies are acquired by foreign companies, legally lowering the tax burden of American companies...the I.R.S. could declare some or all of Pfizer’s debt to be equity, so the interest payments would be dividends and no longer deductible. It’s important to note that the new earnings-stripping regulations apply not just for inversions, but for a vast array of multinationals’ transactions involving American businesses. This approach was proposed by the Harvard Law School professor Stephen E. Shay in 2014. Writing in Tax Notes, he argued that the Treasury secretary has “direct and powerful regulatory authority to reclassify debt as equity and thereby transform a deductible interest payment into a nondeductible dividend.”
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