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News@Law, 10/14/2016

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

New Republic
If Donald Trump Sues The New York Times, He Will Lose
Donald Trump reiterated Thursday that he’s preparing a lawsuit against The New York Times after the paper published what he called a “fabricated” account of new sexual assault allegations against the Republican nominee....“Trump has no case at all,” Laurence Tribe, a Harvard law professor, told The New Republic in an email. “It’s really not even debatable,” said Nadine Strossen, former president of the American Civil Liberties Union. Both Tribe and Strossen said Trump would need to meet the legal standard of the landmark Supreme Court case New York Times Co. v. Sullivan and prove, in Tribe’s words, that the story “was factually false and that the Times either knew that it was false or was reckless in the story’s creation and reporting.” “Trump could not possibly meet that standard,” Tribe said, “and his case would be dead on arrival. It wouldn’t even reach the discovery stage.”
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The Hill
Ken Bone was right: Energy must be a priority for next president
An op-ed by Jonas Monast, Sarah Adair and Kate Konschnik. "What steps will your energy policy take to meet our energy needs, while at the same time remaining environmentally friendly and minimizing job loss for fossil power plant workers?" Like it or not, the next president will need an answer to this question, posed by audience member Ken Bone in the second presidential debate, in the early days of his or her administration. The electricity sector that powers our country is undergoing its most significant transition since mass electrification. Last year, for the first time ever, the United States generated as much electricity from natural gas as from coal, thanks to the shale gas boom and historically low natural gas prices...Decisions by the next president will shape how the electricity sector responds to these and other changes that carry with them wide-ranging economic and environmental consequences. Yet energy policy has barely registered as an issue this election cycle despite dramatic differences in the candidates’ platforms.
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AM New York
Ken Thompson’s legacy of conviction review will live on
The imposing architecture of New York City’s courts give the impression that the law is immutable. The long-serving district attorneys who marshal that law are similarly so permanent as to be like statues, their names unshakably on the ballot. But Ken Thompson’s brief tenure as Brooklyn district attorney threatened to change that, by bringing the zeal of a reformer to the borough’s courts. He quickly drew national attention for halting prosecutions for most low-level marijuana possession in 2014, for example...Harvard Law professor Ronald S. Sullivan Jr. had been the chief public defender in the DC court system. An adversarial judicial system traditionally puts defense attorneys on the other side of a deep divide from prosecutors. Sullivan had done academic work on exoneration and the potential for errors in certain types of convictions. “The first time he called, I had to make sure that he had the right guy,” Sullivan says...For Sullivan, one of the crucial changes embedded in the CRU was prosecutors being encouraged to think of themselves as “ministers of justice.”
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CNBC
Most people will have forgotten Wells Fargo scandal a year from now, analyst says
Wells Fargo...has come under fire for deceptive sales practices that led to the opening of about 2 million accounts without customer authorization. After facing a grilling on Capitol Hill, CEO John Stumpf retired effective immediately on Wednesday...For Hal Scott, Harvard Law professor and author of "Connectedness and Contagion," the black mark on Wall Street could have serious repercussions. "It really affects the ability of the federal government, and in particular the Fed, to be a lender of last resort to Wall Street if we go into another crisis," he said. "The more unpopular Wall Street becomes, the less possible it is for the Fed to support it in a crisis."
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Bloomberg
Islamic State Has Good Reasons to Retreat in Iraq
An op-ed by Noah Feldman. There’s no need to believe the Russian propaganda that says the U.S. agreed to let 9,000 Islamic State fighters flee Mosul to go fight President Bashar al-Assad in Syria. But the story “reported” Wednesday by Russia Today (on the basis of a single anonymous source) does capture a strategic truth in the run-up to the attack on the Islamic State-controlled city: The fighters have good reason to flee -- and the Iraqis and the U.S. have good reason to let them.
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Bloomberg
How Bob Dylan Surpassed Whitman as the American Poet
An op-ed by Cass Sunstein. Bob Dylan has surpassed Walt Whitman as the defining American artist, celebrating the capacity for self-invention as the highest form of freedom. “He not busy being born is busy dying,” Dylan sang, in “It’s All Right, Ma (I’m Only Bleeding).” Reinventer of folk music, voice of the 1960s, blues singer, rock star, born-again Christian, champion of gospel, country singer, old-style crooner, and now winner of the Nobel Prize for Literature, Dylan has found a million different ways to say the same thing.
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The Harvard Crimson
Law Students Use School Funds to Feed Striking Workers
Four sections of Law School students voted to use discretionary funds to host lunch events with striking dining hall workers, despite the reservations of school administrators...First-year law student and social committee member Zach Sosa said some students raised concerns about the use of funds potentially alienating students who disagreed with the strike...For first-year Law student Alexandra Rawlings, using section funds rather than personal contributions was part of the point of the proposal.“Half of the point was like ‘Hey, you guys won’t use your money to take care of your employees, but we want to use it to do that’ so that symbolic decision—which didn’t actually happen for my section—was pretty important,” she said.
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The Harvard Crimson
Conference Debates Obama’s Record on Race-Related Issues
At the Conference on Race and Justice in the Age of Obama, academics, activists, and government officials engaged in a heated debate about whether President Barack Obama effectively addressed race-related issues during his administration...Ronald S. Sullivan Jr., a professor at Harvard Law School, argued that despite Obama’s limited executive powers, his administration’s Justice Department is working resolutely to advance civil liberties. “A president can’t wave a magic wand and say, ‘Civil rights, repair!’ That doesn’t happen. The executive is constrained in very real ways,” he said.
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