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News@Law, 05/18/2016

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

Maine Public Broadcasting
The 14th Amendment (audio)
Passed by Congress 150 years ago (thanks in large part to Maine’s own William Pitt Fessenden), learn about its history and why it is cited in more litigation than any other amendment. Guests: Kenneth W. Mack, Lawrence D. Biele Professor of Law and Affiliate Professor of History, Harvard University. Patrick Rael, Professor of History, Bowdoin College.
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Bloomberg
Shocker on Clean Power Plan from D.C. Circuit: Reading the tea leaves
The D.C. Circuit announced that it’s delaying arguments on the Clean Power Plan by three months, until Sept. 27. For those keeping track at home, that’s after the date the panel had pledged to rule on the case — and EPA’s deadline for states to submit their preliminary plans. Yes, this throws a wrench in the works. But, it’s not all bad news for the EPA and environmentalists. Instead of a three-judge panel hearing the case, it will be heard en banc by a full slate of nine judges. Of those nine judges, five were appointed by Democrats...“The court has anticipated, obviously, the significance of whatever the panel would say and the related likelihood that it would end up en banc. They’ve basically truncated that process,” Richard Lazarus, a Harvard Law School professor representing former EPA administrators William D. Ruckelshaus and William K. Reilly in defense of the Clean Power Plan, told Bloomberg BNA.
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Bloomberg
Why Gun Rights Keep Expanding
An op-ed by Noah Feldman. There’s a quiet revolution going on in the constitutional law of guns. Since the Supreme Court declared gun ownership a fundamental right less than a decade ago, the lower courts have been expanding upon that landmark ruling. Now they've added heightened constitutional protection for gun sellers, including potential exemption from zoning laws. It’s as though the Second Amendment is on its way to joining the First Amendment in a special, preferred position among the panoply of constitutional rights.
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New Boston Post
Harvard Law profs challenge federal sex-assault ‘guidance’
A collection of prominent law school professors, including Harvard’s Alan Dershowitz, shot back at President Barack Obama’s Education Department over its practice of using “Dear Colleague” letters to lay down policy mandates that ride roughshod over Americans’ constitutional rights. A letter from the educators dated Monday asserts that the department’s civil rights office “has unlawfully expanded the nature and scope of institutions’ responsibility to address sexual harassment” through its directives regarding Title IX, the 1972 law that bans discrimination on the basis of sex in providing access to education...Dershowitz joined three colleagues from Harvard Law School in Cambridge to sign the letter, along with 17 other professors hailing from schools scattered across the country. The letter also quotes one of the signatories, Harvard civil rights expert Elizabeth Bartholet, who called the elimination of due process “madness” in 2014.
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Bloomberg
There Won’t Be Any Deal in Obamacare Religion Fight
An op-ed by Noah Feldman. The Supreme Court's do-over on the question of religious exemptions from the Affordable Care Act’s contraceptive care mandate is bizarre, but it reflects the weirdness of an eight-justice court. Unable to resolve the question, but unwilling to leave a patchwork of different results in different circuits, the justices told various appeals courts to try again. Most likely, the lower courts will split again, and the issue will come back to the Supreme Court. By then, there might be nine justices to decide it.
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