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News@Law, 11/10/2016

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

Vice
What Obama Can Do to Make Life Difficult for President Trump
...For some perspective on what, exactly, Obama can do between now and January 20 to make life trickier for Trump, I called up Mark Tushnet. He's a professor at Harvard Law School who clerked for Supreme Court Justice Thurgood Marshall and specializes, among other things, in constitutional law and legal history. Here's what he had to say about what to expect over the next few weeks...Professor Mark Tushnet: As a formal matter, no, he hasn't exhausted his authority until noon on January 20 next year. As a practical political matter, of course, it's very unlikely he'll be able to do anything substantial during that period because he could do it and President Trump on the 21st could revoke all that he had done. As a technical matter, though, he still has all the power that a president has.
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Time
Just Remember Richard Nixon
Time spoke with Jack Goldsmith, a Harvard Law School professor, a senior fellow at the Hoover Institution and former Assistant Attorney General in the George W. Bush Administration, about the role of executive power in a Donald Trump presidency. What checks will there be on a Donald Trump presidency? The potential checks are many, including Congress and the Courts, the free press and many internal Executive branch watchdogs like inspectors generals, lawyers and the permanent bureaucracy. And of course the people in the next election.
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Aperture
Keith Lamont Scott and the Legacy of Police Violence
An article by David E. White Jr `17. Sean Rayford, a freelance photojournalist and commercial photographer based in Columbia, South Carolina, captured this photograph of a woman smearing blood on a police riot shield during a protest in downtown Charlotte, North Carolina at about 9:00pm on September 21, 2016. Citizens were protesting the death of Keith Lamont Scott, a black man, who was shot and killed by the police the previous day. Married for more than twenty years, and a father of seven children, Scott was forty-three years old and had worked as a security guard at a local mall. Mindful that photographs must be “composed to be readable” by his audience, Rayford often relies on his subjects’ faces to capture the emotion of a moment...This photograph of a bloody hand on the police shield underscores that black citizens have yet to attain full American citizenship in that blacks still suffer an equal protection deficit.
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Times Higher Education
The Last Rabbi: Joseph Soloveitchik and Talmudic Tradition, by William Kolbrener
An article by Zalman Rothschild `18. Rabbi Joseph Soloveitchik (1903-93) has long been considered the spiritual and intellectual leader of American Modern Orthodoxy in the 20th century. His extensive command of the Talmud, Jewish codes and Jewish philosophy, coupled with a doctorate from the University of Berlin (now Humboldt University of Berlin), made him the natural figurehead of a movement that identifies with the currents of both modernity and tradition. Soloveitchik’s concurrent loyalty to Jewish orthodoxy on the one hand, and rigorous modern philosophic thinking on the other, has spurred much debate regarding where his “true” allegiances lay.
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The New York Times
The Electoral College Is Hated by Many. So Why Does It Endure?
In November 2000, as the Florida recount gripped the nation, a newly elected Democratic senator from New York took a break from an upstate victory tour to address the possibility that Al Gore could wind up winning the popular vote but losing the presidential election. She was unequivocal. “I believe strongly that in a democracy, we should respect the will of the people,” Hillary Clinton said, “and to me that means it’s time to do away with the Electoral College and move to the popular election of our president.” Sixteen years later, the Electoral College is still standing...Some states have discussed a possibility that would not necessarily require amending the Constitution: jettisoning the winner-takes-all system, in which a single candidate is awarded all of a state’s electoral votes — regardless of the popular vote — and instead apportioning them to reflect the breakdown of each state’s popular vote. Two states, Maine and Nebraska, already do this. But even that approach could face a constitutional challenge from opponents, said Laurence H. Tribe, a professor at Harvard Law School.
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Bloomberg
Victory Speech Was Part Lincoln, Part Trump
An op-ed by Noah Feldman. The financial markets thought Donald Trump’s conciliatory victory speech early Wednesday morning meant something. That interpretation seems plausible. If nothing else, Trump’s tone suggested that he realized the markets were getting volatile and that he wanted to calm the waters by giving the most conventional speech he’s ever delivered.
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Bloomberg
Don’t Expect the Supreme Court to Change Much
An op-ed by Cass Sunstein. The Donald Trump presidency, coupled with the new Congress, is likely to produce major changes in federal law. But for the Supreme Court, expect a surprising amount of continuity -- far more than conservatives hope and progressives fear. If, as expected, Trump is able to replace Justice Antonin Scalia, the court will look a lot like it did until Scalia died in February: four relative liberals (Ruth Bader Ginsburg, Stephen Breyer, Elena Kagan, and Sonia Sotomayor); two moderate conservatives (John Roberts and Anthony Kennedy); and three relative conservatives (Clarence Thomas, Samuel Alito, and the new justice).
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The American Lawyer
Firm Leaders: We Must Safeguard the Rule of Law
In the wake of Donald Trump's election, several Big Law leaders are calling on the profession to take a more vocal and visible stand to protect the rule of law. "Given the election and its many implications, there has been no moment in recent memory when it has been more important for lawyers to fulfill their professional responsibilities," says William Lee, former co-chairman of Wilmer Cutler Pickering Hale and Dorr. "As a profession, we must ensure that the rule of law that is our fundamental core value is our highest priority and applicable and available to everyone."...Two years ago, Wilmer's Lee and two other prominent lawyers made a clarion call in an article entitled "Lawyers as Professionals and as Citizens." Lee and the two other authors—former General Electric Corp. general counsel Benjamin Heineman Jr. and Harvard Law School professor David Wilkins—argued that law firms should play a bigger role defending the rule of law. The article, published by the Center on the Legal Profession at Harvard Law School, called for the emergence a new generation of leaders in the mold of Robert Fiske of Davis Polk & Wardwell and the late Lloyd Cutler of Wilmer.
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The Harvard Crimson
Attorney Emphasizes Political Power of Art
Jo B. Laird, a lawyer known for her work on art sales, cautioned Harvard Law School students Wednesday that legally defending artistic creation has become more urgent after the 2016 presidential election...Kate Wiener, a student at the Law School, said she enjoyed hearing Laird speak. “Laird struck an incredible tone about an interesting subject in a very important moment in history,” Wiener said. “I really appreciated the conversation that Laird led since it was so relevant in the political world.” Heather Lee, another Law School student, echoed this sentiment. “It was refreshing that Laird connected what happened in the presidential election to art, and that this connection can be seen throughout the past as well,” she said.
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