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News@Law, 05/25/2016

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

Harvard Gazette
Appetite for change
Growing up in the South, Tommy Tobin was part of a family that loved food. “We liked to eat a lot,” said Tobin, who graduates this month with degrees from Harvard Law School (HLS) and Harvard Kennedy School (HKS) and a plan to build his career around food law and policy. When a severe speech impediment left him struggling to be understood, food became a way for Tobin to connect with others. In high school, he volunteered at a food bank and with the Boys & Girls Clubs of America, and watched his actions speak volumes. “I didn’t need to speak, I could just do,” said Tobin. “And speaking through service became a theme for me.”
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The New Yorker
The Transgender Bathroom Debate and the Looming Title IX Crisis
An op-ed by Jeannie Suk. This month, regional battles over the right of transgender people to access public bathrooms were elevated to national legal theatre. First, the Justice Department told North Carolina that its recent law, requiring education boards and public agencies to limit the use of sex-segregated bathrooms to people of the corresponding biological sex, violated federal civil-rights laws. Governor Pat McCrory responded with a lawsuit, asking a court to declare that the state’s law doesn’t violate those federal laws. Meanwhile, in a suit filed on the same day, the Justice Department asked a court to say that it does. To top it off, on May 13th the Education Department’s Office for Civil Rights (O.C.R.) and the Justice Department’s Civil Rights Division issued a Dear Colleague letter announcing to the nation’s schools that, under Title IX—the 1972 law banning sex discrimination by schools that receive federal funding—transgender students must be allowed to use rest rooms that are “consistent with their gender identity.” The threat was clear: schools that failed to comply could lose federal funding. Protests of federal overreach immediately ensued, including from parents citing safety and privacy as reasons for children and teen-agers to share bathrooms and locker rooms only with students of the same biological sex.
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The Philadelphia Inquirer
How sick must hepatitis C patients be to get help?
Two years ago, James Luongo was thrilled to hear about the first new drugs that could rid his body of hepatitis C. The virus had been silently circulating in his blood for years and would likely cause liver disease, perhaps cancer. But he still felt fine. The drugs seemed like a good thing until his Medicaid insurer denied coverage of the treatment. Twice...And they hope, critics say, that they can get away with neglecting a stigmatized population. Hepatitis C can strike anyone - more than one percent of the U.S. population is infected - but is more frequent among low-income people who have injected drugs. "A disenfranchised, vulnerable community was one where they could draw the line," said Robert Greenwald, a Harvard law professor and coauthor of a study last year that found most states were rationing hepatitis C treatment. "A person with Alzheimer's on Medicaid would have family who would not tolerate not getting the cure," he said, if one became available.
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Why the Law Failed to Punish Wrongdoers in the Financial Crisis
An op-ed by Noah Feldman. Historians of the future will want to know why almost no one went to jail in connection with the collapse of mortgage-backed securities that triggered the 2007-8 financial crisis. Monday’s appeals court decision reversing a $1.2 billion fraud judgment against Bank of America will be an important part of the answer. To put it bluntly, the law failed -- because the law as it existed didn’t properly anticipate or cover the events that occurred.
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Poland’s Europe Problem Has Deep Roots
An op-ed by Noah Feldman. On a sunny day in Warsaw, it’s difficult to understand why the city’s well-kept streets simmer with anger and discontent over the European vision. The economy has been growing at 3.6 percent, roughly twice the overall European rate. And there’s little or no influx of Syrian or Afghan refugees: Warsaw must be whiter than any other major city in Europe, including Budapest. Yet the far-right Law & Justice Party, led by Jaroslaw Kaczynski and known as PiS, bitterly denounces the European Union for invading Polish “sovereignty” -- language reminiscent of the advocates of British exit from the EU.
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