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News@Law, 09/09/2016

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

Bloomberg BNA
Banana Workers’ Fairness­ Based Ruling Averts Split (subscription)
The reinstatement of banana workers' pesticide exposure claims against Dole Foods and other corporate defendants brings the Third Circuit into line with other circuits on a procedural question involving what happens when duplicate suits are filed in different federal courts...“The en banc court held that ‘a district court should generally avoid terminating a claim under the first­filed rule that has not been, and may not be, heard by another court,’” Professor Rhonda Wasserman, University of Pittsburgh School of Law and Visiting Professor of Law, Harvard Law School told Bloomberg BNA. In doing so, Wasserman said, the full appeals court properly spent its time, “focusing on the ‘basic fairness' of providing litigants with an opportunity to present the merits of their claims in court.” Wasserman's scholarship includes federal class action practice, and she has written a treatise on procedural due process. “The ruling preserves the goals of the first­ filed rule—judicial economy, comity, and avoidance of inconsistent judgments—while ensuring the plaintiffs a much belated opportunity to present their claims on the merits,” she said.
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Deseret News
The transgender rights debate is about more than just restrooms
The transgender debate has never been confined to public restrooms. And a recent federal lawsuit filed against the Department of Health and Human Services by five states and two faith-based organizations shows how far-reaching the government's interpretation of the word "sex" could be. The lawsuit filed Aug. 23 alleges that a newly adopted regulation intended to prevent discrimination based on sex in federally funded health care programs "would force doctors to ignore science and their medical judgment and perform gender transition procedures on children."...The dispute over the latest HHS mandate is latest example of how the government's interpretation of Title IX could go beyond the scope of federally funded education programs, legal experts say. "Any government action that depends on interpretation of the word 'sex' in any federal statute, regulation, or policy could be affected by the Department of Education's interpretation of 'sex' in Title IX," Harvard Law School professor Jeannie Suk Gersen told Deseret News. "Even if one agency’s interpretation is not binding on other agencies for the purposes of other statutes, it may still be influential on other agencies."
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Bloomberg
A Connecticut Judge Reaches Too Far
An op-ed by Noah Feldman. A Superior Court judge just took over Connecticut's education system, ordering state officials to undertake major reforms of funding, teacher evaluation and graduation standards. The impulse to improve education is admirable, but the judge wildly overreached his authority. The Sept. 7 decision is an object lesson in what happens when judicial restraint is ignored. Judges are poorly placed to compel and supervise detailed policy reforms, and they’re less expert on the subject than state officials who are responsible to the electorate.
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