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News@Law, 05/04/2016

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

New Republic
You Must Remember This
An article by Samuel Moyn. The duty to remember—especially to remember victims lost to political evil—has become one of the most commanding mantras of our culture. Yet it is astonishing how recently this imperative became so authoritative. Kings have raised monuments to their own alleged greatness for millennia, but commemoration of the dead of the wars of nations reached its apogee only in the early twentieth century with the end of World War I and now-familiar invocations of the heroism and self-sacrifice of soldiers for the sake of the nation’s political fortunes.
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The Huffington Post
I Will Protect Her
An op-ed by Bruce Hay. Against her better judgment, my beloved was reading the comments section of an article about the bathroom bills sweeping the country. A man calling himself rcp196935 had commented that the laws were necessary to keep women safe from predators. Having heard this refrain once too often, my beloved decided to respond. She is a trans woman, she explained, and poses no danger to anyone, and like any other woman should be allowed to use the public restrooms in peace. She signed it in her own name. Mr. rcp196935 had a reply for her.
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The Philadelphia Inquirer
The fourth is strong in these ‘Star Wars’ fans
South Jersey truck driver Michael Fright plans to celebrate by watching the first six movies, back to back to back. Bucks County accountant Carl Cardozo will take the day off from work, going in search of collectible, newly-on-sale figures of Boba Fett. Harvard professor Cass Sunstein intends to travel to the purest planet in the galaxy, Dagobah - at least in his mind. "It's gorgeous there," he said. And he should know. On Wednesday, these fans will join thousands of others - film buffs, academics, nerds everywhere - to observe an unofficial but hugely popular national holiday: Star Wars Day. That's May 4, as in, May the Fourth be with you!...But why does the holiday exist? Why is there a day for Star Wars when there's no Jurassic Park Day? Or Hunger Games Day?"Because it's awesome, and full of mysteries, and fun, and because it is handed down from one generation to another," Sunstein said.
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Bloomberg
Delaying Execution Isn’t Cruel and Unusual
An op-ed by Noah Feldman. Justice Stephen Breyer is against the death penalty -- but not because it’s morally wrong. He briefly reiterated his arguments Monday when dissenting from the court’s refusal to hear a California death row inmate’s case. First, he said the death penalty may be unconstitutional in California because it’s applied arbitrarily and unreliably. Those are plausible and unremarkable arguments. They no doubt appeal to the technician in Breyer, who believes that government should do things pragmatically and correctly. But his third reason was most striking. Following a view he has held since the 1990s, Breyer argued that the death penalty is unconstitutional because it takes too long for condemned inmates to be put to death.
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The Washington Times
Pro-life center, attorneys general in bid to lift injunction on undercover videos
Arizona Attorney General Mark Brnovich’s investigation into fetal-tissue sales has run into a large obstacle: a federal judge’s preliminary injunction protecting the National Abortion Federation. The injunction, issued Feb. 5, bans the pro-life Center for Medical Progress from releasing video taken at two NAF conferences. But the order is creating headaches for Mr. Brnovich and 13 other attorneys general...Those in the center’s corner include 11 legal scholars from nine U.S. universities, including Harvard Law School professor Mary Ann Glendon and Stanford Law School professor Michael W. McConnell. The professors “do not agree with one another on all aspects of the controversial issue of abortion,” said their amicus brief. “But [they] are united in insisting that all Americans — no matter what their views on abortion — have an unfettered right in our society to have access to important information about controversial matters, including abortion,” the brief said.
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The Harvard Crimson
Closing a Year of Activism, Law Students Hold Informal Commencement
Balloons and roughly 100 people filled the student lounge at Harvard Law School to commemorate graduating student activists and a year of contnued race-related activism at the school in an informal commencement ceremony Tuesday evening...Second-year Law student and Reclaim Harvard Law member Aparna Gokhale said group members came up with the idea for a commencement ceremony several weeks ago during what they called a low point in their activism efforts...Third-year Law student and Reclaim Harvard Law member Rena T. Karefa-Johnson spoke about the support system she found among activists and the lessons in “radical love and resistance” she learned from the movement. Johnson recalled that during her first year at the Law School, she found that people were hesitant to speak publicly about race. “To see what this room looks like right now is so crazy to me,” she said, looking around the crowded lounge.
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The National Law Review
Scalia’s Supreme Court Vacancy – Impact on the 5th Circuit and Circuit Court Splits
In our earlier segment, we examined some of the repercussions of the current vacancy on the Supreme Court. This week we will examine in more detail the specific impact on the Fifth Circuit and how the vacancy impacts splits in decisions between the 11 circuits of the United States Courts of Appeals. The National Law Review turned to the expertise of Andrew Pincus of Mayer Brown, Daniel Volchok of Wilmer Hale and [lecturer] Tejinder Singh of Goldstein & Russell, P.C. for help fleshing out these issues.
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Bloomberg
Cheerleaders’ Uniforms as Art? Let’s Ask the Supreme Court
An op-ed by Noah Feldman. The Supreme Court has announced that it will decide a fascinating copyright case about cheerleaders’ uniforms. It's a big deal because the case isn’t just about cheerleaders -- it could determine whether many kinds of fashion designs can be copyrighted. The copyright law seems simple: It says that “useful items” can’t be protected. You can't own exclusive rights to make dining tables or dinner plates. A uniform, like any other piece of clothing or furniture, is useful. But that isn’t the end of the problem. What about designs on useful objects: a pattern on a dinner plate or a stripe on a garment?
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Elephants’ final bow earns mixed reviews
A letter by Delcianna J. Winders, Animal Law & Policy Program. Ringling’s retired elephants likely won’t spend the bulk of their days “roam(ing) ... and play(ing)”...Ringling only lets the elephants off chains into small corrals for about eight hours a day, according to 2007 testimony by Gary Jacobson, general manager of Ringling’s conservation center. Sometimes they are chained for 22.5 hours a day or even longer. It’s no surprise that Ringling’s elephants suffer painful foot diseases. Some wild elephants can roam more than 30 miles every day. Ringling’s claim that chaining is necessary to “make sure they don’t disturb each other or steal each other’s food” is laughable.
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