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News@Law, 05/03/2016

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

Bloomberg
Congress Shouldn’t Let Justices Make the Rules
An op-ed by Noah Feldman. The most dramatic moment of my legal education came when Professor Owen Fiss of Yale Law School threw his paperback copy of the Federal Rules of Civil Procedure 25 feet across a classroom into a waiting trash can. It wasn’t just the eminent scholar’s aim that impressed me, but his point: that the federal rules of procedure are basically unconstitutional because of the way they’re adopted. Instead of being enacted by Congress and signed by the president like ordinary laws, procedural rules are written by the unelected Supreme Court, which transmits them to Congress, after which they ordinarily go into effect without change.
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Bloomberg
A Kickback Is a Conspiracy to Extort Yourself. Wait, What?
An op-ed by Noah Feldman. The Supreme Court has decided a Baltimore Police Department extortion case straight out of "The Wire" on the basis of common sense. It held that the federal bribery statute allows a conviction for conspiracy to commit bribery even when the co-conspirator was also the victim. That's the nature of a kickback, after all: The party that's being extorted is also one of the beneficiaries of the scheme. This holding required the court to go beyond the literal words of the statute and ascertain its true purpose. The late Justice Antonin Scalia, who hated such purpose-driven statutory interpretation, is harrumphing somewhere as his textualism was rejected. You'd expect Justice Clarence Thomas to have dissented, and he did. But in a noteworthy twist, the other dissent in the 5-3 decision was written by Justice Sonia Sotomayor -- and her opinion was joined by Chief Justice John Roberts. Both, it appears, disfavor the extension of conspiracy law, although perhaps for different reasons.
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Harvard Gazette
From fresh food to magic mushrooms
It is different this time for best-selling author Michael Pollan, and not just because his subject has changed. The people are different too. They’re not farming or fermenting or cooking. This time they’re dying. Pollan’s books about food, diet, and industrial agriculture — he is perhaps best known for 2006’s “The Omnivore’s Dilemma: A Natural History of Four Meals” — have made him an influential voice in America’s food fight over obesity, nutrition, and diabetes, and have made him revered by those who believe that something is fundamentally wrong with how we mass produce and prepare our meals...Assistant Clinical Professor of Law Emily Broad Leib, director of the Harvard Food Law and Policy Clinic, hosted Pollan in a private meeting with clinic students and in one of her classes afterward. Pollan answered questions and asked students about their own food-related projects. Broad Leib credited Pollan with helping awaken the country to problems with the food system by explaining potentially dry topics like the intricacies of the U.S. farm bill in an easy-to-understand, engaging way. It’s telling, she said, that roughly three-fourths of student applicants to a Harvard food law summit last fall cited Pollan’s writing as influential.
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