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News@Law, 05/12/2016

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

Why I am backing Donald Trump
An op-ed by Kayleigh McEnany`16. It was about a year ago that Donald Trump stormed onto the political scene. Many were taken aback by the confident, unapologetic and far from politically correct New York businessman -- including me. I admit that, for the first month of his candidacy, I had my concerns about Trump. I questioned, for example, whether someone with such cutting yet candid honesty, a candidate who veered so sharply from so many of the usual political expectations, could ever become president. The more I watched Trump on the campaign trail, though, the more some of these supposed weaknesses turned out to be strengths. I kept an open mind...Like many others, I fully expected Trump to back down from his controversial statements as any good, scripted Washington politician would. After all, such brazenness was not permissible in mainstream political discourse. But rather than backing down, Trump pushed forward and the media was incensed. His audacious, unflinching boldness in the face of an onslaught of criticism is a virtue that I would not just come to accept, but also to appreciate and admire, leading me to endorse him before voting ever began.
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Obama’s Post-Prison Jobs Plan Is Not Enough
An op-ed by Benjamin Levin, Climenko Fellow. What happens after a prison sentence ends? For many individuals with criminal records, their troubles are just beginning. Every year, more than 600,000 people are released from prison, but, a year after release, more than 70% remain jobless. Finding a job can be even harder for people of color with convictions or arrests on their record. To address these obstacles, President Barack Obama recently made a major policy proposal: “ban the box” for all federal employment. This policy would forbid employers from requiring job applicants to disclose past convictions (i.e., they would remove the criminal history checkbox from the application). While the specifics of Obama’s proposal aren’t entirely clear, the rule would mean that federal job applicants wouldn’t be required to reveal any criminal history when they first applied for a position.
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The Huffington Post
Ralph Nader, ‘An Unreasonable Man,’ Makes Reasonable Points About Tort Reform
An op-ed by Michael Shammas `16. Writing for Harper’s last month, Ralph Nader issued a warning: Tort law is dying. In combating ambulance chasers, malpractice premiums, and frivolous lawsuits, we went too far. Tort reform became tort deform. The public was played, hustled into dismantling its Seventh Amendment right to a jury trial. Too bad. By making negligence costly through the threat of lawsuits, tort law assures us — visiting a theme park, driving a car, taking a prescription drug — that we’re safe. It fills the gap between legislative failures and market failures. It allows the poorest victims to sue, since plaintiff’s attorneys aren’t compensated unless they win. It operates democratically, transferring decision-making power from elites to lay jurors, using subpoenas to force even the most powerful actors to disclose wrongdoing.
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Could single-sex final clubs sue Harvard over new restrictions?
After Harvard issued new restrictions on students who join single-sex social groups, opponents raised the possibility of challenging the university in court on the grounds that Harvard violated the right to free association...But experts said a legal challenge against Harvard would have to clear a high hurdle: Harvard University is a private institution. Therefore, the U.S. Constitution’s first amendment protections, such as the freedom of association, don’t apply. “I’m not really sure what the basis of a legal challenge would be because Harvard is a private university,” said Erica Goldberg, the Climenko Fellow and Lecturer on Law at Harvard Law School. “I don’t see any way around it.”
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A Nasty Split in U.S. Courts Over Human Rights
An op-ed by Noah Feldman. A company whose violation of human rights abroad strongly affects the U.S. can be sued in any federal court in the country -- except New York and Connecticut’s Second Circuit. A decision there Tuesday means it will remain stubbornly outside the pack. The U.S. Court of Appeals for the Second Circuit refused to reconsider an earlier decision that might have put it into conformity with the other circuits. The majority in the court's opinion said it wasn't worth bothering after the Supreme Court sharply reduced liability under international law in 2013. The dissenters thought the appeals court should fix what it saw as a mistake made in 2011 when it first held that corporations can’t be held responsible for human rights violations in other countries.
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Everyone Is Super Confused About Food Labels
When do you toss food from the fridge or cabinet to the garbage? When it’s past the “use by” or “sell by” date marked on the packaging? When starts to look clammy, wilted, or moldy? When it tastes off or fails the sniff test? Turns out, a lot of people rely on those labels, even when they’re not quite sure what they mean, according to a new survey released today at a food waste summit in Washington, D.C. The survey, conducted by a team from the National Consumers League, Harvard Food Law and Policy Clinic, and Johns Hopkins Center for a Livable Future, probed how customers make sense of food labels, which are notoriously variable and unstandardized... “Many people throw away food once the date on the package has passed because they think the date is an indicator of safety, but in fact for most foods the date is a manufacturer’s best guess as to how long the product will be at its peak quality,” Emily Broad Leib, the director of the Harvard Food Law and Policy Clinic and a survey co-author, said in a statement.
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