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News@Law, 11/15/2016

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?
[Correction from yesterday's news@law] 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?...“I’d compare Trump to Andrew Jackson because of both men’s populist rhetoric and xenophobic appeals. I also see shades of Richard Nixon in Trump’s ambition and temperament, as revealed on the campaign trail. Fortunately, campaigning for office and governing in a constitutional democracy are distinct enterprises.” Tomiko Brown-Nagin, Daniel P.S. Paul Professor of Constitutional Law and professor of history at Harvard University
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NECN
Attorney General Launches Hotline to Report Harassment Following Donald Trump’s Election
Massachusetts' attorney general is launching a new hotline to report harassment and intimidation of minority groups...Harmann Singh [`19], a Cambridge, Massachusetts resident, told necn that he experienced a racial incident over the weekend when a man came up to him in a store on Massachusetts Avenue and heckled him for his appearance. Singh is a Sikh but heard a clerk at a counter say, "there is a (expletive) Muslim." “I’m a Sikh, it’s the fifth largest religion in the world,” Singh recalled. “He continued to ask, ‘are you from Morocco,’ he kept guessing.” He believes the incident was just another racist feeling emboldened by Donald Trump’s presidential win. “There are a lot of feelings of not feeling safe in our own country,” Singh said. Singh, who’s also a Harvard Law student, fears more discrimination is likely. He says what made his most recent encounter more painful, is that no one spoke up or came to his defense.
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Orlando Sentinel
To rebuild Democratic Party, start at state level — Florida a prime example
An op-ed by Bradley Pough [`18]. The Democratic Party is in shambles. Come the new year, Republicans will control the presidency, Congress, and the Supreme Court soon after. They will control 69 of the 99 state legislative chambers and at least 34 governor's mansions. As the Democrats pick up the pieces from last week's debacle, few can look to 2018 for much solace, understanding that the midterm elections will likely carry even deeper losses. Although 2020 offers a glimmer of hope to a party sorely lacking bright spots, much of that hope is tempered by the reality of an aging Democratic bench without clear ideological leadership.
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Constitution Daily
Rethinking America’s Founding (video)
Michael Klarman, Harvard Law Professor and author of The Framers’ Coup: The Making of the United States Constitution, and Patrick Spero, Librarian at the American Philosophical Society and editor of The American Revolution Reborn, discuss their new books, putting a human face on America’s Framers and reassessing the clashes that helped define the Founding era. Tom Donnelly, senior fellow in constitutional studies at the National Constitution Center, moderated the discussion on Monday, November 14.
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Stat
State Medicaid programs continue to restrict access to hepatitis C drugs
Over the past two years, state Medicaid programs have done a better job of disclosing information about access to hepatitis C medicines and are also making progress in reducing or eliminating restrictions that pose a barrier to treatment, according to a new preliminary analysis...“We’re making progress, but many state Medicaid programs still limit access due to cost concerns and are dragging their feet,” said Robert Greenwald, who heads the Center for Health Law and Policy Innovation of Harvard Law School, which conducted the analysis and has filed lawsuits against two state programs over restrictions.
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Bloomberg
Trump’s Threat to Abortion Rights Isn’t Immediate
An op-ed by Noah Feldman. Donald Trump’s comments on “60 Minutes” suggest that the president-elect has assimilated a version of the traditional moderate Republican position on abortion rights: call for the repeal of Roe v. Wade, while hoping that in practice, abortions will still be available somehow. The logic of this position is purely political. At least some of the Republican base wants abortion outlawed, but lots of people who voted for Trump would be extremely upset if they or a woman they cared about couldn’t actually get an abortion.
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Boston Herald
Donald Trump might pull funds if cops won’t hold illegals
Cities and towns can constitutionally refuse to actively help President-elect Donald Trump in his move to deport millions of illegal immigrants — but the new administration could pull millions in federal funding if municipalities don’t oblige, according to legal analysts. “Most federal grant statutes would allow the president to withdraw funds if cities don’t comply,” said Mark Tushnet, a constitutional law professor at Harvard Law School. “You start out assuming the president can do it.”
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Bloomberg
Democrats in Congress Should Try a Novel Tactic: Cooperation
An op-ed by Cass Sunstein. Democrats and progressives, you lost. You can fight President-elect Donald Trump, or you can join him. There will be time enough for fighting, but for now, I suggest that you join him -- at least on some of his high priority items. As it turns out, several of them are your priorities too.
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Bloomberg
4,000 Reasons to Think Trump’s Power Will Be Restrained
An op-ed by Noah Feldman. Four thousand: That’s the number of political appointees President-elect Donald Trump’s transition team will have to pick in the next few months for the government to continue running effectively after President Barack Obama leaves office. The challenge is great for any new administration; it’s especially daunting for a political outsider whose staff, according to the Wall Street Journal, was surprised to hear last week that it would have to replace everyone in the West Wing.
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