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News@Law, 11/18/2016

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
I was harassed in Cambridge, and no one said a word
An op-ed by Harmann Singh `19. After working at a civil rights nonprofit organization defending the rights of Arabs, Muslims, Sikhs, and the broader Asian American community, I came to law school in Cambridge this year to learn how to better advocate for marginalized communities. I spent months working with people targeted by hate, but I was astounded to face such hate myself just blocks from where I am learning how to fight it. Over the weekend, I was confronted by a man who called me a “f***ing Muslim” and followed me around a store aggressively asking where I was from, and and no one in the store said a thing. I was on the phone with my mom the entire time, and we were both concerned for my safety as this man stood inches away from me. While deeply painful, what happened to me pales in comparison to the hate and violence many of my brothers and sisters have faced across the country. However, one thing is clear — there is far more positivity and love out there than hate.
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The Boston Globe
The trumpet summons us again: a post-election call to action
An op-ed by Laurence Tribe. I remember well how I felt as dawn broke the morning after Barack Obama’s election as president in 2008. My hopes were boundless, my expectations unrealistic. That President Obama did not succeed in mobilizing the deeply transformative political dynamic I dared to anticipate is no doubt true, especially in light of this year’s election results. But looking back, I remain enormously proud of my former student and chief research assistant. Obama achieved great things both domestically and globally, all in the face of deeper recalcitrance and obstruction than most of us had imagined possible...The contrast with how I felt the morning after this election could not have been starker. The electoral vote victory of Donald Trump, a bigoted and ill-informed bully who called forth the worst impulses in many of his followers, and who inspired the emergence of the vilest elements of our society, including unabashed KKK racists and neo-Nazis, felt then and continues to feel utterly devastating.
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The Economist
Death has less dominion
Few people have had a more tumultuous 18 months than Nebraska’s ten death-row inmates. In May 2015 the Nebraska legislature voted to abolish capital punishment, which would have converted their sentences to life imprisonment. The governor, Pete Ricketts, vetoed the legislation but was overridden. He then poured $400,000 of his family’s money into financing a referendum to reinstate the death penalty, which appeared on the ballot on November 8th and passed with 61% of Nebraskans’ support. The proposition was one of three pro-death-penalty measures on state ballots. Two passed with ample margins, and prospects for the third look promising...Carol Steiker, a professor at Harvard Law School and co-author of a new book entitled “Courting Death: The Supreme Court and Capital Punishment”, says people rarely take the time to understand ballot initiatives (one voter in Palo Alto says it took him hours to educate himself about the 17 measures on California’s ballot). A better bellwether of what will happen to the death penalty, Ms Steiker says, is sentencing. In 1996, 315 convicts were given death sentences. In 2015 only 49 were. This suggests that prosecutors, jurors and judges have all grown warier of capital punishment.
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The Harvard Crimson
Law School Student Groups Mark One Year Since Black Tape Vandalism
A year after a racially-charged act of vandalism shook the Law School and sparked an intense period of race-related activism, Law School student affinity groups are presenting a visual exhibit at the school to mark the anniversary of the incident...Now, a year later, leaders of student affinity groups, including the Black Law Students Association, the Native American Law Students Association, and the Women’s Law Association, produced the commemorative exhibit, entitled “Diverse Voices in Legal Education.” It consists of black-and-white photographs displayed throughout Wasserstein Hall of diverse legal scholars from across the country...Black Law Students Association President Kristin A. Turner said she and other affinity group leaders came together earlier this fall to brainstorm ways to highlight the anniversary of the incident and ensure that discussions about diversifying the faculty continue at the school.“We wanted to make sure that we were not only flagging the date itself but we were also shedding more light and bringing issues back to the forefront that are ongoing conversations at the Law School,” Turner said.
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Bloomberg
How Trump Can Reshape the Courts
An op-ed by Noah Feldman. The Republican Senate has blocked or delayed many of President Barack Obama’s judicial nominees; his Supreme Court pick of Judge Merrick Garland is just the most visible. Now President-elect Donald Trump will be able to capitalize by filling those slots. And because of the Senate Democrats’ 2013 decision to exercise the “nuclear option” and eliminate the filibuster for all judicial nominees except for the Supreme Court, they won’t be able to filibuster Trump’s candidates.
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The Christian Science Monitor
Climate policy to be set by Trump, but not by him alone
For environmentalists and climate activists, the dangers of a Donald Trump presidency are myriad, particularly when his recent victory is combined with Republican Congress....“There’s no question there will be a regulatory rollback, the rhetoric will change dramatically, and climate change as an issue will not be as high on the agenda,” says Jody Freeman, director of the Environmental Law Program at Harvard University. “But we should be cautious and wait and see how dramatic the rollback will be… No administration can do everything at once. They’ll have to prioritize.”
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The Atlantic
Can America’s Companies Survive America’s Most Aggressive Investors?
...DuPont is one of dozens of American companies that have abandoned a long-term approach to doing business after being the target of so-called activist investors...Activist investors have some supporters. Lucian Bebchuck, a Harvard professor who is known as one of the most devout defenders of activist shareholder campaigns, says that activist interventions target underperforming companies, and that they improve the company’s performance in the long-run. “Policymakers and institutional investors should not accept the validity of the frequent assertions that activist interventions are costly to firms and their shareholders in the long term,” he writes, in a 2015 paper, “The Long-Term Effects of Hedge Fund Activism.”
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