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News@Law, 11/17/2016

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

The Washington Post
NFL doctors should not report to teams, Harvard study recommends
A new report from Harvard Law School proposes drastic changes in the way health care is administered in the NFL, urging the nation’s most popular sports league to upend its system of medicine and untangle the loyalties of the doctors and trainers charged with treating players...In interviews, the Harvard researchers say they were surprised by the league’s response. “I had expected we’d maybe be quibbling around the margins of how it would actually be implemented,” said Holly Fernandez Lynch, the executive director of the Petrie-Flom Center and one of the report’s authors. “I did not expect that we would have to have this conversation about whether there is, in fact, a conflict because it’s so obvious on its face.” “Admitting you have a problem is the first step to get over,” added Harvard law professor Glenn Cohen, another of the report’s authors, “and while we think many of the people who serve as club medical staff are wonderful doctors and excellent people — this is not to besmirch them or their reputation — it is not going to produce a good system if you’re operating under an inherent structural conflict of interest and one that is corrosive to player trust.”
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Stat
NFL doctors’ conflicts of interest could endanger players, report says
Doctors that work for professional football teams have conflicts of interest that could jeopardize players’ health, according to a report by Harvard researchers...“[Players] are treated by people who are well-meaning, don’t get me wrong, but operate in a structure that’s infected with a structural conflict of interest,” said I. Glenn Cohen, a Harvard Law School professor who coauthored the report. “That conflict of interest is that they serve two people — they serve the player and the serve the [team].” The report quotes an unnamed player who says that some players don’t trust doctors because they work for the team. Coauthor and Harvard Medical School professor Holly Fernandez Lynch said investigating individual instances of jeopardized decision-making fell outside of the scope of the report.
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The Boston Globe
When NFL calls the doctor
An op-ed by I. Glenn Cohen, Holly Fernandez Lynch, and Christopher R. Deubert. From major media outlets to federal research funding to conversations among concerned spectators and parents, the nation is at a moment of unprecedented focus on the potential health consequences of playing football, especially at the professional level. There is a clear need to develop better preventative, diagnostic, and therapeutic interventions for individual players. However, to truly protect and promote player health, it is essential to address individual factors and structural features simultaneously. One such structural feature is the relationship between players and the club doctors from whom they receive care. The system must do more to ensure that players receive excellent health care they can trust from providers who are as free from conflicts of interest as possible.
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Bloomberg
Expect the Expected From Trump’s Supreme Court Pick
An op-ed by Noah Feldman. President-elect Donald Trump hasn’t yet chosen the people whose job it would be to propose a U.S. Supreme Court nominee for him to choose. But that hasn’t stopped speculation about who will be picked to replace the late Justice Antonin Scalia. It would be a mistake to make a projection with any confidence at this stage. Nevertheless, it is possible to identify the parameters and constraints that will go into the decision, which yields some scenarios with names attached. The only thing that can be said with confidence is that Trump’s Supreme Court nominee will be a conservative.
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The Harvard Crimson
‘Justice for Black Women Week’ Hopes to Ignite Conversation
The Harvard Black Law Students Association hosted Justice for Black Women Week, a series of events centering around violence and inequality affecting black women and girls, in the hopes of bringing black women to the focus of nationwide conversation. HBLSA arranged four events starting Monday and continuing throughout the week, consisting of movie screenings, lectures, and open town-hall style discussions. “Whenever we hear about state violence against blacks or the problems that are plaguing the black community, it’s usually framed in a way that talks about black males… the reality is that black women are affected by a lot of the same traumas that affect black men,” said HBLSA’s Internal Vice President Adabelle Ekechukwu, who helped organize the week. “For example, when police brutality affects a black woman, when there aren’t enough reproductive justice initiatives to help black women. These are things that help black women that aren’t really focused on in the media.”
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The Christian Science Monitor
Russia to leave ICC: What’s next for the Court?
A recent spate of departures may prompt a change in approach for the International Criminal Court. On Wednesday, Russia issued a formal decree withdrawing from the ICC...“Until now, countries have joined the Court but none have left,” writes Alex Whiting, a professor at Harvard Law School who formerly worked in the Office of the Prosecutor at the International Criminal Court, in an email to The Christian Science Monitor. “These withdrawals might make it easier for states to leave the Court in the future if there is a risk that they will fall under investigation, and that would in turn seriously undermine the legitimacy of the Court.”
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Utah Public Radio
Annette Gordon-Reed and “Most Blessed of the Patriarchs:Thomas Jefferson&the Empire of Imagination” (audio)
On Wednesday’s Access Utah we’ll talk with acclaimed law professor and historian, Annette Gordon-Reed, as a part of the Pulitzer Prizes Centennial Campfires Initiative...Her new book, with fellow Jefferson scholar Onuf, is "Most Blessed of the Patriarchs: Thomas Jefferson and the Empire of the Imagination,” which explores Jefferson’s vision of himself, the American Revolution, Christianity, slavery, and race.
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USA Today
We can have a female president — not Clinton though
A letter by Simon Heldin `19. USA Today’s Alia Dastagir is right that there is hope that we will eventually elect a woman president in her column “What Trump’s victory tells us about women.” I am actually quite optimistic about this, and could see America finally shattering the highest and thickest of glass ceilings in 2020. While Hillary Clinton, without a doubt, was supremely qualified for the job as leader of the free world, this should not be taken to mean that she was an outstanding campaigner. To the contrary, she was — and has always been — a relatively weak candidate. She has admitted herself that she is “not a natural politician,” and it is obvious that she is much better suited to run a government than to run for office. Widespread sexism combined with her idiosyncratically poor electability unfortunately made a surprise victory possible for someone as exceptionally unfit for the presidency as Donald Trump. But there is still some cause for optimism.
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McClatchyDC
Should the government regulate your talking refrigerator?
On the morning of Oct. 21, Netflix and Twitter were kicked offline by hackers – annoying binge-watchers and prolific tweeters for several hours. But the hacking of popular websites is a harbinger of what’s to come for consumers using devices connected to the internet, and Congress faces a tough question of how to protect consumers and businesses without over-regulating the tech industry...“Everything is a computer. Your phone is a computer that makes calls, your refrigerator’s is a computer that keeps things cold,” testified Bruce Schneier, a special adviser to IBM security and a lecturer at Harvard University. “Attack is easier than defense, complexity is the worst enemy of security, and the internet is most complex thing ever built.” Schneier argued that the federal government must regulate and set standards for devices connected to the internet like it does for the safety of cars. He wants to create a new government agency and argued that Republicans swiftly created the Department of Homeland Security after 9/11 in response to safety threats.
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