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News@Law, 09/22/2016

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

The New York Times
Eliminate Laws That Cause Healthy Food to Go to Waste
An op-ed by Emily Broad Leib. Multiple policies could be implemented to address food waste and its impacts on the environment, food security, and our climate. In particular, we should eliminate laws that cause healthy food to go to waste, incentivize food donation and, when needed, enact penalties for senseless food waste. Let's start with consumer confusion, and the misguided laws regarding food date labels. Eighty four percent of consumers report they frequently throw food away after the sell-by date has passed, despite date labels being indicators of freshness, not safety. What's more, in the absence of federal law on date labels, no two states have the same date label rules. Several states even restrict or ban the sale or donation of past-date foods. Federal legislation is needed to eliminate state laws that require past-date — but still safe — foods to be wasted, and to standardize date labels so they are clearer to consumers.
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Salon
Behind China’s steel curtain: How a heavy metal merger might stave off a trade war
China has been shoveling excess amounts of steel onto global markets, playing a major role in driving down global prices and rankling American producers and government officials. Now a massive shakeup is taking place in China’s juggernaut steel industry, and the question on many people’s minds is what effect this will have on that country’s ongoing trade dispute with the U.S....“China has to deal with supply-side reforms on the one hand and on the other hand be sensitive to labor issues,” Mark Wu, assistant professor at Harvard Law School who specialized in international trade law, told Salon. “There’s a need to reform in China regardless of what types of trade measures are being imposed by China’s trading partners.” Consolidating the Chinese steel industry into a smaller number of players might lead to more effective planning, Wu said, comparing the move to having three airlines flying a specific route instead of 20. “Consolidating these players makes it easier for the Chinese industry to try to monitor overall supply in order to mitigate the scale of an overcapacity problem in the future,” he said.
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Ars Technica
Thanks, Internet! Messing with elections not just for the CIA anymore
Even if the Russian government was behind the hack of the Democratic National Committee (DNC) and various other political organizations and figures, the US government's options under international law are extremely limited, according to Jack Goldsmith, a Harvard law professor and former US assistant attorney general. Goldsmith, who served at the Justice Department during the administration of George W. Bush and resigned after a dispute over the legal justifications for "enhanced interrogation" techniques, spoke on Tuesday about the DNC hack during a Yale University panel. "Assuming that the attribution is accurate," Goldsmith said, "the US has very little basis for a principled objection." In regard to the theft of data from the DNC and others, Goldsmith said that "it's hard to say that it violates international law, and the US acknowledges that it engages in the theft of foreign political data all the time."
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The Harvard Crimson
HLS Groups Blast Harvard for Contract Stalemate with its Dining Workers
Fifteen student groups from Harvard Law School issued a statement on their website reproaching Harvard’s bargaining record with its dining service workers, characterizing the ongoing stalemate in HUDS’ most recent round of contract talks as a class and racial justice “struggle.”...“We the students of Harvard Law School refuse to abandon HUDS workers in their struggle for justice!” the groups wrote in the page-long statement. The signatories include groups such as Reclaim Harvard Law—whose members spent the past year rallying the school’s administration for, among other demands, increased diversity faculty and students—as well the BGLTQ group Lambda at Harvard Law School and Harvard’s chapter of the National Lawyer’s Guild.
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Bloomberg
If Printing Guns Is Legal, So Is Distributing the Plans
An op-ed by Noah Feldman. Can the government block the online publication of files that let anyone make an assault rifle on a 3-D printer? In a defeat for free speech and a win for gun-control advocates, an appeals court has said yes. The court declined to suspend a State Department regulation that treats posting the files as a foreign export of munitions. Although the impulse to block the easy creation of untraceable weapons is admirable, the court got it wrong. The First Amendment can’t tolerate a prohibition on publishing unclassified information -- even if the information is potentially harmful.
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Law Newz
Burke Ramsey Says He Didn’t Kill JonBenét, Plans to Sue CBS Over ‘False’ Attack
The recent special, “The Case Of: JonBenét Ramsey,” which aired on CBS earlier this week, has drawn widespread attention for exploring the 20-year-old unsolved mystery of the 6-year-old girl’s death. In the show, investigators examined evidence and came to the conclusion that JonBenét’s brother Burke Ramsey, who was 9 at the time, was the likely culprit. While not everyone bought into the theory that the boy killed his little sister — perhaps by accident — , and then his parents covered it up to protect him, it’s gotten a lot of people talking...On top of those elements, Harvard Law Professor John Goldberg said that because Ramsey has spoken about the case, like he did in an interview with Dr. Phil, a court would likely consider him a ““limited purpose public figure.” This means that when it comes to statements made about Burke in connection to the case, he would be considered a public figure, which carries an additional burden. Goldberg said, “Burke could only prevail on a defamation claim against CBS or the investigators by proving not only that the allegations against him are false, but also that CBS and/or the investigators either KNEW that they were false when they made them, or were RECKLESS with regard to the truth or falsity of the allegations.”
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