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News@Law, 09/29/2016

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

The Harvard Crimson
Why Asian-Americans Are Not a Model Minority
An op-ed by Simon Hedlin `19. This year marks the 50-year anniversary of the popular notion of Asian-Americans as an exceptionally successful bunch. On January 9, 1966, sociology professor William sen published the highly influential essay, “Success Story, Japanese-American Style,” in which he proclaimed that Japanese-Americans, rather than being a “problem minority,” had within a short timespan emerged as a “model minority.” Today, the model minority label is as alive and well as ever, the only difference being that the high praise now extends to every American of Asian descent. By both the political left and right, Asian-Americans are frequently lauded for high educational attainment and household incomes. Implicit in this stereotype is the belief that America would be better off if other ethnic groups tried to emulate those of us who have Asian roots. Given my Taiwanese origin and Asian-American identity, I should perhaps be flattered by the model minority account and accept it as a compliment. But, in fact, I find it deeply problematic.
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Environment & Energy News
Harvard’s Lazarus and Freeman discuss marathon day of arguments, talk outcomes and next steps for rule (video)
Following years of debate over U.S. EPA's Clean Power Plan, the U.S. Court of Appeals for the District of Columbia Circuit heard arguments yesterday in the lawsuit challenging the rule. During today's OnPoint, Richard Lazarus and Jody Freeman, professors at Harvard Law School, discuss the reactions coming from the 10-judge panel on the key issues and arguments in the case. They also explain why they believe the court's final ruling will more than likely favor EPA.
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The ALI Reporter
Member Spotlight: Jeannie Suk Gersen
A Q&A with Jeannie Suk Gersen...I have taught a course at Harvard on Performing Arts and Law, with my friend Damian Woetzel, Director of the Vail Dance Festival and former Principal Dancer of the New York City Ballet. We were both students at the School of American Ballet, though of course he continued dancing and I did not. For years I watched his incredible performances at Lincoln Center – I thought he was a god. When I was teaching law students with Damian, I had to pinch myself. The course actually had a lot of law, and also involved Damian teaching the students the steps of certain dances. I remember Judge Michael Boudin ofthe First Circuit, who’s a ballet fan, came to class one day, and I loved seeing him join in to dance the beginning of Balanchine’s Serenade. That has been one of my favorite teaching experiences.
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Reuters
Wells Fargo’s CEO Pay Clawback Puts Wall Street Executives on Notice
Wells Fargo & Co's unprecedented move to strip Chief Executive John Stumpf of $41 million in stock awards has sent a chill through Wall Street with bankers fearful that a hardening political climate against corporate wrongdoing will encourage boards to be more aggressive about making them forfeit pay...."The Wells Fargo board made a mistake by not recouping some of the CEO's pay until after the firestorm developed," said Harvard Law School professor Jesse Fried. "Other boards will learn from this mistake."
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Los Angeles Times
No, Mr. Trump, the U.S. is not turning over control of the Internet to Russia and China
Technologies too complex to be easily understood by the layperson can be playgrounds for unscrupulous politicians. That’s become the case with the Internet’s internal digital plumbing, which has come into the crosshairs of Sen. Ted Cruz (R-Texas) and Donald Trump. Cruz and Trump, along with a passel of other Republicans on Capitol Hill, have decided to throw a conniption fit over a routine, if complicated, transition in the technical governance of the Internet scheduled to take place Saturday — if a last-ditch maneuver in the House of Representatives doesn’t block it...As Jonathan Zittrain, an Internet expert at Harvard who has served on an ICANN advisory committee, observed in 2014 after the Obama White House issued its transition plan, ICANN had virtually no authority over how Internet users behaved online. You could register the website www.gap.clothing “through an ICANN-approved process,” he wrote; but ICANN would have no jurisdiction if you “sell fake Gap clothing on your website goodclothes.clothing.”
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The Harvard Crimson
After ‘Deepwater Horizon’ Pre-Screening, Panel Reflects on Spill’s Aftermath
After a pre-screening of the upcoming film “Deepwater Horizon” in Davis Square, Harvard faculty and other law experts offered insight into the the 2010 oil spill of the same namesake in the Gulf of Mexico and the extensive legal aftermath. The film was screened in Somerville Theater on Wednesday for those with a Harvard ID and a guest. Panelists included Law School professor Richard J. Lazarus, who chaired President Barack Obama’s Commission on the Deepwater Horizon Gulf Oil Spill...“This was an unbelievable disaster that shouldn’t have happened,” Lazarus said of the spill. “What happened is that [BP] got complacent. They hadn’t had a disaster in a long time.”
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The Harvard Crimson
Law School Debuts New Title IX Training, Though Some Call for Improvement
Harvard Law School debuted a remodeled Title IX training for new students this fall in response to student criticisms and recommendations from a University-wide task force on sexual assault prevention. While Deputy Title IX Coordinator and Dean of Students Marcia L. Sells heralded the training as an improvement over previous iterations, she and Law School students said it was still flawed, and emphasized the need for further changes to the programming...Minjoo Kim, a second-year Law School student who became involved in brainstorming Title IX training reforms after creating the student government’s Health and Wellness Title IX subcommittee, found the process disappointing. With many students and administrators intently focused on activism surrounding race and diversity at the school last year, Kim said she felt Title IX issues were not accorded the attention they deserved...First-year student Devony Schmidt thought both the online and in-person programs focused too heavily on procedure while failing to address rape culture and bystander intervention strategies.
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Bloomberg
You Can’t Strip Dancers of the Right to Bare All
An op-ed by Noah Feldman. Strippers have constitutional rights too -- or at least that’s the claim of three New Orleans women challenging a Louisiana law that requires erotic dancers to be 21 to expose their breasts or buttocks. It may sound absurd, but the legal argument is pretty powerful. The law facially discriminates on the basis of sex, and arguably infringes on that classic First Amendment right to express yourself by dancing without clothes.
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