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News@Law, 09/15/2016

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

The Wall Street Journal
Banking Group Finds Fed Stress Tests Likely Illegal
A group that represents executives from some of the largest U.S. banks concluded in a paper that the Federal Reserve likely acted illegally in adopting central parts of its annual stress tests, the latest evidence that some in the banking industry are contemplating a potential lawsuit. The Committee on Capital Markets Regulation, a nonprofit organization of academics and financial executives, was set to release the paper Thursday, and The Wall Street Journal reviewed a copy. The groups’ members include senior executives at big banks J.P. Morgan Chase & Co., Citigroup Inc., Goldman Sachs Group Inc., Wells Fargo & Co., and State Street Corp...The Committee on Capital Markets Regulation is funded by its members. Hal Scott, director of the committee and a Harvard Law School professor and director of the school’s Program on International Financial Systems, said he wrote the paper along with the committee’s staff. Mr. Scott said in an interview that work on the paper began about six months ago after discussions with members of the group, and that the group approved it. He said the paper has “absolutely no connection” to industry discussions about potential litigation against the Fed, and that he was unaware of those discussions before the Journal reported them.
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The Bill of Rights Was Written to Help These Parents
An op-ed by Noah Feldman. What good is the establishment clause if you can never use it? That’s the takeaway from a federal appeals court that refused to entertain a claim by parents in a New York town who allege that the Hasidic majority of the school board is illegally diverting money to religious institutions. The court relied on a narrow interpretation of the doctrine of standing, holding that the parents’ case couldn’t continue because they hadn’t been directly harmed by exposure to an unwanted religious law or message. This would be a shock to the Founding Fathers, who staunchly opposed spending tax dollars on religious causes -- but weren’t much troubled by government endorsement of religion. The appeals court’s decision stands the Framers’ establishment-clause values on their head.
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Pulitzer Center on Crisis Reporting

Syrian refugees, while unable to seek asylum in Jordan, have been hosted with remarkable hospitality. However, their legal status and future security are contingent upon a broad array of identity documents that are not always accessible...“Over time, it’s become harder to get the documentation necessary to access services: you now can’t go to a public hospital without an MOI card, and you can’t get an MOI card unless you have an asylum seeker’s certificate,” explained Anna Crowe of the International Human Rights Clinic at Harvard Law School, who collaboratively researched identity documentation and registration issues among urban-dwelling Syrian refugees with the Norwegian Refugee Council (NRC).
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Nancy Gertner On New Jury Selection For Gary Lee Sampson (audio)
Today, 13 years after he became the the first defendant ever sentenced to death in federal court in Massachusetts, Gary Lee Sampson returned to court for a new sentencing trial. Back in 2003, Sampson pleaded guilty to the stabbing murders of two men in the course of two separate carjackings in 2001, and jurors in the case unanimously chose the death penalty as his sentence. But in 2011, U.S. District Judge Mark Wolf overturned that sentence, because one of the jurors lied during jury selection. So now the court will seat a new jury, tasked with deciding Sampson's fate once again. Guest: Nancy Gertner, former Massachusetts federal judge, senior lecturer on law at Harvard Law School and WBUR legal analyst.
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