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News@Law, 10/13/2016

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
Republican Ex-Justice Department Officials Alarmed by Trump’s Threat to Jail Clinton
Donald Trump’s threat to sic a special prosecutor on Hillary Clinton should he win the presidency has prompted a group of Republican former Justice Department officials to call for the GOP presidential nominee’s defeat in November. “We believe that Donald Trump’s impulsive treatment, flair for controversy, vindictive approach to his opponents and alarming views outside the constitutional mainstream ill suit him to oversee the execution of the laws in a fair and evenhanded manner,” reads the letter, signed by about two dozen former officials who served under five Republican presidents from Richard Nixon to George W. Bush. “None of us will vote for Mr. Trump and all believe he must be defeated at the polls.”...signers included...former Solicitor General Charles Fried (Reagan).
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Cardinal Newman Society
Catholic Schools Must Resist the Common Core ‘Solution’
An op-ed by Raymond Flynn and Mary Ann Glendon. “You can get all A’s and still flunk life,” wrote the great 20th-century Catholic novelist Walker Percy. The authors of this paper have done Catholic educators and families a tremendous service by explaining precisely why the secularized Common Core national standards, which were devised primarily for public schools, are incompatible with and unsuited for a traditional Catholic education. There are many similarities between Catholic schooling and its public K-12 educational counterpart, but the two have fundamental and profound differences. In addition to providing students with the academic knowledge and skills they need to prosper, Catholic schools have a unique spiritual and moral mission to nurture faith and prepare students to live lives illuminated by a Catholic worldview. It is that religious focus that makes the Common Core standards particularly ill-suited for Catholic schools.
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Today
A hostile system? How colleges are responding to campus sexual assaults
As college students cope with concerns about grades and fitting in, they are also confronting one of the most painful issues playing out on their campuses every day — sexual assault. Studies show most campus sexual assaults happen in the fall term, a period experts call "the red zone." Recent years have seen aggressive government action to try to protect alleged victims and fix a system that some say is hostile and skeptical of their claims. And now some are raising difficult questions about how those solutions are panning out...But other experts say the well-intentioned rush to ramp up enforcement has created a broken system, creating a problem for alleged victims and alleged perpetrators. "Under pressure from the Department of Education Office for Civil Rights, schools across the country have thrown due process out the window," said Harvard law school professor, Janet Halley.
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Backchannel
The Surprising Backbone of the Internet of Things
An op-ed by Susan Crawford. At the end of the recently-opened Expo Line in Los Angeles — and you’ll want to take that snazzy light rail, because the I-10 freeway running between downtown and the coast is one of the 10 most-congested roadways in the world — you’re in Santa Monica, California. You’re at the Colorado Esplanade stop, a stunning platform of pedestrian- and bike-friendly multi-modality that feels open and available. It’s just one of many great things about my hometown...And there is the city’s most recent source of civic pride: its street lights and traffic signal poles. Don’t laugh. I think of them as the Colorado Esplanade in the sky. No, I am not celebrating their function as providers of light. Their real power comes from a transformation — into neutral platforms that provide the tools of connectivity to everyone.
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Times Live (South Africa)
Thrown on the slag heap
Acid water, dust, air pollution, destruction of arable land and intimidation of environmental activists are just some of the concerns raised in two damning reports released this week, one of them a submission to the UN Human Rights Council...The submission coincides with a second equally damning report, also released yesterday, by the Harvard Law School International Human Rights Clinic. This report claims South Africa has "failed to meet its human rights obligations to address the environmental and health effects of gold mining in Johannesburg."...Bonnie Docherty, senior clinical instructor at UNHRC and the report's lead author, said South Africa was failing to fulfil human rights commitments made when apartheid ended. "The government should act immediately to address the on-going threats from gold mining, and it should develop a more complete solution to prevent future harm," Docherty said.
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Bloomberg
The Consumer Protection Agency Is Unusual. It’s Not Unconstitutional.
An op-ed by Cass Sunstein. In one of the most stunning rulings in recent years on separation of powers, the prestigious federal court of appeals in Washington, DC, on Tuesday struck down the law creating the Consumer Financial Protection Bureau -- at least as the independent agency that Congress designed. To cure what it saw as a constitutional defect, the court ruled that the bureau’s head must not be independent of the president, but must serve at his pleasure and be subject to his complete control. It’s an appealing idea, elaborated with an unusual level of scholarship, clarity, and even passion. But as a matter of constitutional law, it’s a bit wild. The Supreme Court shouldn't accept it -- and probably won't.
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Bloomberg
What a Court Got Wrong About Dreadlocks and Race
An op-ed by Noah Feldman. Is it unlawful race discrimination for a company to ban dreadlocks in the workplace? In a decision that has become a topic of debate among law professors, a federal appeals court said no last month. The case is so important because the court defined race as biology, emphasizing “immutable characteristics” as the subject of anti-discrimination law. But for more than 75 years, scholars have understood that race is as much or more a matter of culture than it is about biological reality. The decision in EEOC v. Catastrophic Management Solutions is therefore built on quicksand -- and it’s a mistake to embrace it, even if on some level the result might seem like common sense.
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HUDS, Harvard Negotiate Diversity Task Force
Since Harvard’s dining service workers began their historic strike last week, the University and the union that represents those employees have publicly sparred over proposed health care plans and wage increases. While both parties are far from agreement on those issues, negotiators are making progress on a proposal that until recently has received little attention: the creation of a HUDS-specific diversity task force...While the proposal has been on the table since June, students groups at the Law School have recently advocated to make diversity a more central issue in the negotiations. Last Friday, Harvard Law student groups Reclaim Harvard Law and the Harvard National Lawyers Guild released a statement endorsing the task force proposal. The groups, which have a history of race-related activism, aim to cast the strike as a racial justice “struggle” and tie it to Reclaim Harvard Law’s own movement...“The challenges that HUDS workers are facing are unique in a way that distinguishes them from the challenges that the rest of the community faces in terms of racial justice," said second-year Law student Collin P. Poirot [`18], a member of both Reclaim Harvard Law and the Harvard National Lawyers Guild.
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