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News@Law, 12/08/2016

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

NPR
Trump’s Plan For China Tariffs Could Lead To ‘Collateral Damage On Both Sides’
NPR's Ari Shapiro talks to Mark Wu, assistant professor at Harvard Law School and a former U.S. trade negotiator, about how Trump would impose a 45 percent tariff on Chinese goods, as he has promised..."There are certain things that would require additional congressional authority - for example, if he wanted to impose a blanket, across-the-board 45 percent tariff. But there's a number of different ways he could impose a tariff without going back to Congress. One would be to do this on a temporary basis, but only up to 15 percent for up to 150 days. Another would be to use existing trade remedies laws to go back at specific Chinese products on a case-by-case basis where the president or a U.S. industry is asserting that China is dumping its goods into the U.S. market or benefiting from illegal subsidies.
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Vox
If Trump wants to dismantle Obama’s EPA rules, here are all the obstacles he’ll face
Donald Trump has given every indication that he wants to dismantle the multitude of environmental rules that President Obama has put in place in the last eight years...Jody Freeman, a Harvard law school professor and former climate adviser to Obama, has been looking at this question extensively. Her view is that this won’t actually be easy for Trump — at least not without substantial help from Congress...I talked with Freeman about the mechanics of a potential Trump administration: how agency rulemaking works, what it would take to revamp Obama’s EPA regulations, why some environmental rules are much more vulnerable than others, and why Trump may not be able to undo everything Obama has done on climate.
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Forbes
Should You Trade on Trump’s Tweets?
Donald Trump loves to tweet. Sure he stopped for a few days before the election but now that he is President-Elect, his tweets are back and some of them are moving stock prices. Should you trade on Trump's tweets? Probably not...According to a December 7 interview with Allen Ferrell, Harvey Greenfield Professor of Securities Law at Harvard Law School, "As I read the STOCK Act, the President is subject to insider trading law."...Ferrell thinks that this rule most likely applies to the President if the tweet is market-moving. "Executive branch employees is defined to include the President in the Act. The question would then be whether he obtained the information "from such person's position as an executive branch employee" -- I think there would be an argument that the answer to that is yes. There is a materiality requirement so this information would have to be sufficiently important," he said.
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StateScoop
Trump could electrify local broadband or decimate competition, panel says
For communities hoping to expand broadband connectivity, President-elect Donald Trump’s plans for a major infrastructure spending bill could create huge changes, a panel of broadband pundits said...“This is a moment for the happy warriors of telecom policy to get out there and organize and be a part of the infrastructure deal for the Trump administration,” said Susan Crawford, Harvard University law professor and co-director of the Berkman Klein Center for Internet and Society. “As we build roads and bridges and tunnels, we can include fiber that’s open access. That’s what I’m dreaming of, and that’s where we need to go.”
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WBUR
ExxonMobil And AG Healey Legal Battles; How A Reshaped Supreme Court Could Affect Massachusetts (audio)
WBUR legal analyst Nancy Gertner looks at the ongoing legal battles between Massachusetts Attorney General Maura Healey and ExxonMobil, as well as how President-elect Donald Trump could reshape the Supreme Court, and what that could mean for Massachusetts.
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The Christian Science Monitor
How natural gas and nuclear have made the US greener – times two
Two-thirds of US states saw their economies grow while they reduced their carbon-dioxide emissions from 2000 to 2014. They did this by relying more on natural gas and nuclear energy for electricity production and less on coal, according to a report published Thursday by the Brookings Institution...Ari Peskoe, a senior fellow in electricity law at Harvard Law School, tells the Monitor in an email that state policy has been a major driver in the growth of renewable energy. He cites the Lawrence Berkeley National Lab, which found that more than half of all growth in renewable electricity generation since 2000 is associated with state's Renewable Portfolio Standards requirements. But federal policies, he added, such as renewable energy tax credits, appliance efficiency standards, and Environmental Protection Agency regulations, probably contributed too.
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Bloomberg
Obama’s Climate Rules Are Safer Than They Seem
An op-ed by Cass Sunstein. Those who support aggressive action to reduce greenhouse gases fear that the Donald Trump administration will undo all or most of President Barack Obama’s climate change initiatives. But those fears are probably unwarranted. A good guess, based on a close look at the regulations that matter most, is that the Obama administration’s work on climate is more secure than most people realize; for the most part, Trump is unlikely to revisit it.
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Bloomberg
U.S. Government’s Snooping Is Fine by One Court
An op-ed by Noah Feldman. Do you ever call or e-mail abroad? If so, be aware: The government could be listening, and it can use the content of those conversations against you -- without ever getting a warrant. That’s the upshot of an appeals court holding in the case of Mohamed Mohamud, who was convicted of an attempted bombing in Portland, Oregon. The decision is doubtful as a matter of constitutional law, and sooner or later, the U.S. Supreme Court will have to weigh in on the issue.
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Orlando Sentinel
Law professor: Here’s how Republican presidential electors can vote against Trump
Are you a Florida presidential elector? Thinking of not voting for Donald Trump? Larry Lessig wants to have a word with you. “Our view is that it doesn’t make sense for an elector to stand out if you’re number 5 standing out,” Lessig said. “But if you’re number 39 standing out? That’s important.” Lessig, a Harvard Law School professor and activist who briefly ran for the Democratic nomination for president in 2015, is offering to provide free, confidential legal advice to presidential electors about the legal ramifications of not voting for Trump – even if their state voted for him, as Florida did...“The Constitution creates electors and protects them to have the freedom to vote their conscience once selected by a state,” Lessig said in a phone interview Wednesday with the Orlando Sentinel.
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Bloomberg Big Law Business
Law Firm Profits Driven by ‘Smart’ Collaboration
Lawyers will make more money if they work together — but only if they do it the right way. That’s the premise of Heidi Gardner’s forthcoming book, “Smart Collaboration,” which is set to be released Jan. 3. Gardner, a former McKinsey consultant, has spent more than a year analyzing data from time sheets and personnel records of several law firms to dig into that hypothesis. She came to the conclusion: “Collaboration doesn’t just increase revenues, but profits, too.”...Gardner, who studies the legal profession and lectures at Harvard Law School, caught up with Big Law Business for an interview. She spoke about what “smart collaboration” means for big law firms, the research that went into her new book and what she learned from some of the country’s top lawyers along the way.
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Utility Dive
The little-watched renewables case that could bring big changes to federal-state jurisdiction
A federal court in New York is scheduled to hold a hearing Friday on a case that could have implications for the legal boundaries between federal and state authority regarding energy policy....“If the court reaches the merits, it will likely be the first to opine on the meaning of Hughes,” said Ari Peskoe, senior fellow in electricity law at the Environmental Policy Initiative at Harvard Law School and the manager of the Initiative’s State Power Project website.
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