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News@Law, 05/10/2016

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
Conservatives Accuse Facebook of Political Bias
Facebook scrambled on Monday to respond to a new and startling line of attack: accusations of political bias. The outcry was set off by a report on Monday morning by the website Gizmodo, which said that Facebook’s team in charge of the site’s “trending” list had intentionally suppressed articles from conservative news sources. The social network uses the trending feature to indicate the most popular news articles of the day to users...“The agenda-setting power of a handful of companies like Facebook and Twitter should not be underestimated,” said Jonathan Zittrain, a professor of computer science and law at Harvard University. “These services will be at their best when they are explicitly committed to serving the interests of their users rather than simply offering a service whose boundaries for influence are unknown and ever-changing.”
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At Harvard Law, a highly visible push to divest from fossil fuels (audio)
A law degree from Harvard is generally a ticket to everything from the presidency of United States (think President Obama) to the Supreme Court (think Ginsburg, Scalia, Breyer, Kennedy, Roberts and Kagan) and major law firms. In other words, Harvard Law doesn’t immediately conjure images of influential environmental activists. But Ted Hamilton, a current Harvard Law student and one of the leaders of the student divestment movement, may be helping to change that perception. “Being in a place like Harvard and Harvard Law School gives you a really special opportunity to rock the boat,” Hamilton says. “People listen to you — maybe unfairly. There’s unfair attention shined upon the Harvard campus. Even though we're students, we have this unearned power to influence conversation and to make a difference for the climate movement.” Hamilton says that, like a lot of other divestment campaigns, one of the primary goals of the student movement is to shine a light on the “moral urgency” underlying the issue.
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The Washington Post
Pundits achieve cable news stardom after converting into Donald Trump supporters
Last summer, shortly after Donald Trump launched his angry missile of a campaign with that memorable remark about Mexicans and rapists, Kayleigh McEnany [`16] sounded like pretty much every other talking head on cable news. “I think he said something very unartful, very inappropriate,” she told Don Lemon during a June 29 segment on “CNN Tonight.”...Today, McEnany sounds very different — both from her earlier self and from better-known conservative commentators such as Karl Rove and S.E. Cupp, who remain highly critical of the presumptive GOP nominee for president. McEnany is now a staunch Trump supporter, a turnaround that has helped make the newly minted Harvard Law School graduate a rising star on CNN, which increasingly relies on her to furnish a perspective that is hard to find among the usual roster of right-leaning pundits.
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Cato Unbound
What Legitimacy Crisis?
An op-ed by Adrian Vermeule. I admire the spirit of Philip Wallach’s essay. Excepting his rather defensive one-liners about the professors of administrative law, he tries to put a range of views about the administrative state in their best light, mining truth from wherever it lies and proposing a middle way of incrementalist legislation to discipline the bureaucracy. It therefore feels almost churlish to argue, as I will, that there is no need for even a moderate solution because there is no demonstrated problem to begin with. Although the spirit of the essay is admirable, the substance is weak. Three concepts are indispensable to any discussion of a putative “legitimacy crisis” in the administrative state: delegation, the presidency, and welfare, in the sense of well-being.
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History as Farce at the Alabama Supreme Court
An op-ed by Noah Feldman. When Alabama Chief Justice Roy Moore ordered his state’s probate judges in January to ignore a Supreme Court ruling legalizing gay marriage, he put himself in jeopardy of losing his job – for the second time. Now Alabama’s Judicial Inquiry Commission has filed formal charges against him for his defiance. Moore should lose his job. But as he’s shown before, that’s a setback he can overcome. Last time he was removed from office, he ran for governor before settling for reelection as chief justice. Who knows? This time he might even win the governorship.
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Donald Trump is now threatening the 401(k)s of ordinary Americans
Who owns the most U.S. Treasury bonds? China? Japan? Saudi Arabia? The answer: None of the above. It’s us. We Americans own almost $5 trillion in Treasury bonds, all told. That’s more than twice as much as China, Japan and all the oil exporting countries put together...A President Trump just winging it in public is going to cause chaos in the Treasury and currency markets. Legal experts aren’t sure what a default crisis would entail. The U.S. Constitution says government debt can’t be questioned. But it’s never been tested. “No one knows what happens if it is,” Harvard Law School’s Noah Feldman tells me.
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