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News@Law, 05/31/2016

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

The Jerusalem Post
Lawsuit reveals disturbing tactics by BDS supporters
An op-ed by Jesse Fried and Steven Davidoff Solomon. The American Anthropological Association has been voting this entire month on a resolution calling for the boycott of Israeli academic institutions. Today marks the final day for members to cast their votes. Should the resolution pass, the anthropologists will be the largest US academic association to support an Israel boycott, joining a handful of smaller organizations such as the African Literature Association and the American Studies Association. These anti-Israel resolutions are being pushed by BDS (Boycott-Divest-Sanction) activists eager to demonize, demoralize and ultimately destroy the Jewish state. Academic BDS is widely and appropriately viewed as morally perverse. As the American Association of University Professors, the Association of American Universities and many of the country’s leading scholars have stressed, any academic boycott interferes with the commitment to the free exchange of ideas that is still shared by most academics.
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The Guardian
Rogue Justice review: Bush, 9/11 and the assault on American liberty
War poses special threats to democracy, but the most pernicious challenges often come from within. History reveals that nothing has more power to undermine democratic institutions than the boundless fear of a foreign enemy. Rogue Justice is Karen Greenberg’s splendid new book about all the ways liberty was assaulted in America in the decade after the cataclysm of 11 September 2001. In these years, she writes, America came “perilously close” to “losing the protections of the bill of rights”...After Ashcroft made Jack Goldsmith the head of the Office of Legal Counsel in the Justice Department, Goldsmith concluded that Yoos’s memo seemed “designed to confer immunity for bad acts” and made arguments “wildly broader than was necessary to support what was actually being done”.
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Broadcasting & Cable
Tribe: FCC Broadband Privacy Proposal Violates First Amendment
ISPs wired and wireless have submitted a paper to the FCC by constitutional scholar Laurence Tribe that says the commission's broadband privacy proposal threatens speech rights. The National Cable & Telecommunications Association, CTIA and USTelecom commissioned the paper, which they submitted Friday, the deadline for initial comments in the proceeding. "The FCC’s proposed rules would violate the First Amendment," Tribe concluded. "At minimum, they raise a host of grave constitutional questions and should not be adopted." The FCC is proposing to require ISPs to get affirmative (opt in) permission from subs to share information with third parties in most instances, a requirement not placed on edge providers like Google and Facebook for their own data collection and monetizing. Tribe is a voice of experience on the CPNI (customer proprietary network information) issue, the groups point out, having successfully challenged the voice CPNI order in US West Communications, Inc. v. FCC. He says the FCC proposal clearly triggers First Amendment scrutiny and clearly does not fare well in that examination. "The proposal runs afoul of fundamental First Amendment limits on the FCC’s authority to regulate customer information," he said.
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The Daily Princetonian
Kennedy ’77 calls U. graduates to become advocates of higher education
Becoming ambassadors of higher education and searching for solutions to issues confronting academia today are important missions for University graduates, said legal scholar Randall Kennedy ’77 at the 269th Baccalaureate ceremony on Sunday...However, Kennedy pointed out, there are several issues and problems facing institutions of higher education these days. “Inefficiencies in the system of higher education do not stay put. They are infectious, posing dangers to the system as a whole. Colleges and universities face a rising loss in confidence regarding their worthiness,” Kennedy said. This “worthiness” is typically defined by the marketability of the college’s merits. Furthermore, he pointed to the increasing burdens of government regulation and mounting costs of tuition. Kennedy further critiqued the increasing desire among colleges to achieve popularity, as evidenced by the frequent hiring of Hollywood celebrities to provide commencement addresses.
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Bloomberg
Some Rights Can’t Be Signed Away
An op-ed by Noah Feldman. Your credit card company can make you agree to arbitrate disputes as a condition of getting the card. But can an employer require workers to arbitrate rather than suing collectively as a condition of employment? In recent years, all the federal courts of appeals to address the question have said there’s no difference between your credit card issuer and your employer: Both can make you give up legal remedies. This week that changed, when for the first time an appeals court said an employer can’t require employees to waive collective legal action. By creating a circuit split, this important opinion will almost certainly push the Supreme Court to consider the issue, and soon.
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U.S. News & World Report
The New Too Big to Fail
The Pew Research Center reported this week that 62 percent of U.S. adults get news on social media, including 18 percent who do so often – that's up sharply from just four years ago when the figure was 49 percent...Suppose Facebook decided that it would be a good idea to help demographic groups which turn out in numbers that are lower than their share of the population, like, say, Latinos. Such targeted voter motivation, dubbed "digital gerrymandering" by Harvard Law School's Jonathan Zittrain, would have the salutary effect – if you're a Clinton supporter (and in case you're wondering, Facebook officials have given far more money to Clinton than anyone else this cycle) – of turning out more strongly Democratic voters.
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Bloomberg
Tunisia’s Secular Approach to a Spiritual Goal
An op-ed by Noah Feldman. In a major development for the history of democracy in the Muslim world, Tunisia’s successful Islamic democratic party separated its political wing from its social-religious movement last week. This isn’t a move to secularism, exactly. But it is a move in the direction of dividing the world into two spheres, one of politics, the other of faith.
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Bloomberg
‘Parking While Black’ Is Not Probable Cause for an Arrest
An op-ed by Noah Feldman. Can the police detain and search you on the suspicion that your car might be parked illegally? A federal appeals court has said yes, upholding a felon-in-possession conviction for a man who was searched after Milwaukee police surrounded the parked car he was sitting in and handcuffed its four occupants -- because the car was parked within 15 feet of a crosswalk. The outraged dissenting judge said that the defendant had been stopped for “parking while black,” and insisted that the holding went beyond anything the Supreme Court ever authorized.
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