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News@Law, 06/28/2016

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

A Cost-Benefit Test Defeats Texas Abortion Restrictions
An op-ed by Noah Feldman. Today the Supreme Court upheld the constitutional right to abortion -- and laid down a new framework for how courts should evaluate future legislation limiting it. For the first time, the court expressly held that laws limiting access to abortion must be evaluated on a cost-benefit basis, to see if health benefits to women outweigh the costs in making abortion less available. The cost-benefit scheme gives greater precision to the undue-burden test established in the landmark 1992 case of Casey v. Planned Parenthood. But it also raises the difficult question of how, exactly, costs and benefits should be determined if and when other states pass laws that limit abortion access while purporting to protect women’s health.
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Bank jobs: Dublin may gain while post-Brexit London loses
London's position as one of the world's premiere financial centers is bound to change in the wake of a vote to leave the European Union. In coming years, it's highly possible that major companies in London will no longer have unfettered access to the EU — and many firms have voiced a need to move employees elsewhere. That's where Dublin comes in...Ireland's economic growth soared from the mid 1990's until the financial crisis. The tax system was a big part of both the boom and the recovery, according to Hal Scott, professor of international financial systems at Harvard Law School. "They made a big comeback after the crisis. Ireland was very inviting," Scott said. "They're doing very well again." Ireland opened itself as a sort of a back office to banks and operations that can be done from anywhere, like clearing of settlements, he said. It's likely to ramp up similar business post-Brexit.
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The New York Times
Why the War on Terror May Never End
A book review by Samuel Moyn. Since the Greeks, we have known of blood feuds of violence and vengeance that repeat in endless cycles, with new rounds only taking the catastrophe further out of control. And since the Greeks, escape routes have been identified and sought — Aeschylus hoped law could provide reconciliation; Jesus later claimed this power for love. But in his disturbing new book, “Spiral,” Mark Danner worries there is no way out of today’s “forever war,” which continues unabated after 15 years. Danner spares no analogy, classical or modern, to raise awareness of this predicament. In our spiral, he says, we are both like Cadmus sowing dragon’s teeth — our victories produce new adversaries — and like the madcap inventors of a perpetual motion machine that continuously recreates the problem it was designed to solve.
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The New York Times
The Prosecutor and the President
In 2010, the International Criminal Court, the Hague-based tribunal created in 1998 to try the worst atrocities on earth — war crimes, crimes against humanity and genocide — announced plans to charge six Kenyans for orchestrating the postelection violence. The most important suspect was Uhuru Kenyatta; the son of Kenya’s first president, Jomo Kenyatta, he was considered by many Kikuyu to be their natural leader. The court’s chief prosecutor, Luis Moreno-Ocampo, sought to charge Kenyatta with five counts of crimes against humanity, for inciting murder, rape, forcible transfer of people, persecution and “other inhumane acts.”...Alex Whiting, a onetime federal prosecutor in Boston who became Moreno-Ocampo’s prosecutions coordinator, told me the Kenyatta case “was like trying to prosecute an organized-crime case without the tools the Department of Justice uses to prosecute organized crime” — though, for this reason, Moreno-Ocampo’s temperament was an asset. “You have to have a big ego, because you don’t have much else.”
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