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News@Law, 11/14/2016

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

The Boston Globe
So which other president does Trump call to mind?
With the election over, the next big question is: What next? To find out, we reached out to a collection of historians, hoping to get their thoughts on whether The Donald calls to mind, in one way or another, any of the nation’s previous leaders. From Trump’s policies to his rhetoric to his unbridled ambition — did anything about the man remind them of presidents past? And what might that tell us about the future?...Tomiko Brown-Nagin, Daniel P.S. Paul Professor of Constitutional Law and professor of history at Harvard University; “Only possible comparison is Andrew Johnson during Reconstruction but that’s unfair to Johnson. The election and Trump’s racism does have numerous comparisons to [Ronald] Reagan. But Reagan at least had been an elected politician. Trump is original in dozens of horrible ways.”
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The New York Times
Trump Wants to ‘Drain the Swamp,’ but Change Will Be Complex and Costly
After President-elect Donald J. Trump promised to “drain the swamp” that he sees in the nation’s capital, his millions of supporters are expecting vast changes in the sprawling federal bureaucracy, and conservative activists are drooling at the chance to remake, resize or reduce the reach of government...“He doesn’t possess the executive power to reorganize the government at whim,” said Jody Freeman, a law professor at Harvard University who served in the first Obama administration. “There are some minor things presidents can do, in terms of creating new offices in cabinet agencies. But the notion that he can single-handedly abolish agencies is fanciful.”
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Bloomberg
Supreme Court Never Imagined a Litigant Like President Trump
An op-ed by Noah Feldman. Only two presidents have had to deal with private lawsuits while in office. One was John Kennedy, who settled a suit involving a car crash that happened during his campaign. The other was Bill Clinton, sued by Paula Jones for making sexual advances toward her when he was governor of Arkansas. President-elect Donald Trump is involved in 75 pending lawsuits. That’s a problem -- potentially a serious one.
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The Wall Street Journal
Some Experts Predict FCPA Enforcement Drop Under Trump
Enforcement of the U.S. law against foreign bribery, considered a hallmark in the global fight against corruption, may drop during the Trump administration, some experts said. Others disagreed, however, saying it was too early to tell or that the new administration may want to show it’s serious...Matthew Stephenson, a professor at the Harvard Law School, wrote a post on the Global Anti-Corruption Blog this week saying the “era of vigorous FCPA enforcement…is over.” “It’s hard for me to imagine that the attorney general of a Trump administration…would make prosecuting foreign bribery a significant priority, or would devote substantial resources to this area,” he wrote. “It might take a little while for the change to become apparent–there are still some cases in the pipeline, after all–but I’d be shocked if the U.S. maintained anything like its current level of FCPA enforcement.”
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The New York Times
Three Priorities for the New President
A letter by Simon Hedlin `19. After a deeply polarizing election, Donald Trump’s priority should be bipartisanship. So, here are three things President Trump ought to do: 1. Nominate a moderate Supreme Court justice, such as Judge Consuelo María Callahan of the Ninth Circuit. Ms. Callahan, who is Hispanic, was nominated by George W. Bush and was confirmed 99 to 0 by the Senate. 2. Select several Democrats for high-profile cabinet positions. Senators Joe Manchin and Joe Donnelly, both of whom are known for their bipartisanship, would be good candidates. 3. Resist the temptation to fill vacancies with partisan surrogates like Newt Gingrich and Rudy Giuliani. Instead, Mr. Trump should look to outsiders, such as Paul Brest, former dean of Stanford Law School, and the activist investor Carl Icahn.
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The Reykjavik Grapevine
Why Does The New Constitution Matter? An Interview With Dr. Lawrence Lessig
Dr. Lawrence Lessig is more than just another academic with a keen interest in Iceland. He has also been following Iceland’s experiment with a constitutional draft for years now, has written extensively on the subject, and has visited the country on a number of occasions to meet and consult with the people working most closely with the process. In the run-up to the parliamentary elections, the constitutional draft was a subject raised by a number of parties, so we touched base with Dr. Lessig to get his thoughts on what this draft means, and why it matters not just to Iceland, but possibly to the rest of the world.
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Environment & Energy News
Rescinding Obama regs? Not so fast, legal scholars say
President-elect Donald Trump's vows to single-handedly gut Obama administration environmental regulations will be more difficult than he has portrayed, legal experts say. And any effort by Trump's U.S. EPA to rescind or revoke major scientifically based rules — like the air standard for ozone pollution — would be met with a barrage of lawsuits. "Lots of threats of this kind have come in the past," said Jody Freeman, a Harvard Law School professor and former climate adviser to President Obama. "Virtually every Republican administration comes in and says they want to deregulate. But when the rubber hits the road, there is little of it."
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Tulsa World
First-generation college students are coming in last
An op-ed by Glenn Cohen, Dan Pedrotty, Jason Schmitt and Mario Nguyen `17. Midway through the first semester of the school year is a time when many college students begin struggling with exams, roommate disputes, and career plans. But the one-third of college students who are first in their families to attend college (“first-gens”) face a different formidable set of challenges. For two-thirds of these first-gens, college reality likely involves living at home and working while commuting to local community colleges or earning online degrees. Only 40 percent of first-gens will graduate from four-year colleges within six years, earning that critical degree that helps open doors to higher earnings and good jobs. This trend can be reversed but requires addressing challenges faced specifically by first-gens.
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The Washington Post
Rape is so prevalent because it is misunderstood
A letter by Simon Hedlin `19. The Nov. 9 editorial “If ‘boys are boys,’ they can’t play men’s soccer” was correct that the “boys will be boys” norm has helped enable sexual assault, especially on college campuses. But another crucial reason behind the high prevalence of sexual assault is simple ignorance. Other unwanted conduct is better understood and, therefore, easier to combat. People know, for example, that taking property directly from another person by force is robbery. By contrast, research shows that many people are unaware that sexual assault encompasses any type of sexual contact that occurs without consent.
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The Harvard Crimson
Law Students Rally Against Trump
About 100 students, faculty, and staff from several of Harvard’s schools chanted and heard speeches around University Hall Thursday to protest Donald Trump’s victory in the presidential election. Reclaim Harvard Law—a student activist group at the Law School—organized the rally, dubbed “Harvard Against Hate.” Congregated around the John Harvard statue, students, activists, a custodial worker, and Cambridge city government representatives spoke about their reactions to Trump’s victory and called on Harvard affiliates to take action in response. They also urged attendees to support Harvard’s custodians’ demands in their ongoing contract negotiations with the University. Second-year Law student and Reclaim Harvard Law organizer Collin P. Poirot led attendees in chants of “Stand up, fight back”—a common refrain during last month’s dining services workers’ strike—and “Hey, hey, ho, ho, Donald Trump has got to go.” “A lot of people woke up on Wednesday in a country that basically told them that they hate them,” Poirot said in an interview.
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Bloomberg
Two Cases Where Trump Could Rewrite the Rules
An op-ed by Noah Feldman. Vice President-elect Mike Pence has told evangelical leader James Dobson that the next administration will reverse President Barack Obama’s contraceptive mandate rules and transgender bathroom guidance -- both of which it can do without Congress. If Pence speaks for President-elect Donald Trump, both decisions would have major implications for cases now before the U.S. Supreme Court.
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