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News@Law, 11/23/2016

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

Los Angeles Times
The more we confront the death penalty, the less we like it
An op-ed by Carol Steiker and Jordan Steiker. California’s decision on Nov. 8 to reject Proposition 62 came as no surprise to those of us who study capital punishment. No jurisdiction in human history has ever permanently abolished the death penalty via plebiscite. The reason is simple: referenda ask voters to respond at the level of symbolism, and voters rarely resist abstract appeals to “law and order.” If citizens confront the death penalty in concrete context, however, they’re willing to end it.
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Bloomberg
Trump Dumps Pledge to Prosecute Clinton as He Refines Agenda
President-elect Donald Trump signaled he has no intention to investigate or prosecute his campaign opponent, Hillary Clinton, over her use of private e-mail as secretary of state or her family’s foundation after he’s inaugurated in January..."The power is there, no question," Harvard Law School professor Charles Fried said in an interview. "It’s in the president. The attorney general works for the president." Fried served as U.S. solicitor general, the government’s top courtroom lawyer, during President Ronald Reagan’s second term. "I rather think it’s a good idea that we don’t have the business of pursuing the previous, defeated administration," Fried said.
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The Boston Globe
Visiting Harvard professor receives anti-Semitic postcard
A Harvard Law School visiting professor says he was stumped this week when he received a postcard full of virulently anti-Semitic rhetoric that seems to have been mailed to him all the way from England. The note, written in black ink, was sent to professor Sanford Levinson’s Cambridge office, he said. It also said, “We’re going to drain the swamp,” at the law school, a reference to a slogan of president-elect Donald Trump’s campaign. “It certainly is as hostile as it could be. But I don’t know what to make of it,” said Levinson, 75, in a telephone interview. “It was a card apparently mailed from the [United Kingdom], and, you know, it’s a bit odd that it was mailed to me here at Harvard.”
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Politico
The 229-year-old sentence liberals hope will sink Trump
An obscure line in the Constitution has become a rallying point for some legal experts and critics of Donald Trump, who fear the president-elect has little intention of making a clean break between his business interests and his new White House role...Trump’s determination to cling to his global empire “creates an ongoing risk that foreign individuals and interests will confer commercial benefits on hotels, golf courses, or other businesses” connected to him, argued Laurence Tribe, a constitutional law professor at Harvard University. The greatest worry, according to Tribe, would be that those benefits might induce a President Trump to make or influence decisions “to the disadvantage of national interests” and in favor of his own. “Trump can’t receive any direct payment of any kind from a foreign government, including a fee for services,” argued Noah Feldman, another professor at Harvard and an expert on constitutional law, in a column for Bloomberg View.
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Bloomberg
Wisconsin Republicans’ Gerrymander Takes Politics Too Far
An op-ed by Noah Feldman. In a case that could eventually affect the balance of legislatures across the country, a federal court in Wisconsin has for the first time struck down a partisan gerrymander. The U.S. Supreme Court has previously declined to regulate such party-based districting, but this time may well be different. The lower court gave a simple, clear rule for determining whether districting is designed to disadvantage one party systematically. And the growing disparity between Republican and Democratic-controlled state legislatures gives the justices -- especially Anthony Kennedy -- very good reason to intervene.
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Salon
Donald Trump says he won’t pursue investigations against Hillary Clinton. This is not a good thing
Despite telling Hillary Clinton that she’d “be in jail” if he became president and egging on his crowds to chant “Lock her up!” it appears that Donald Trump isn’t going to pursue charges against their former Democratic rival...“Under the laws and Justice Department regulations governing federal prosecution, a President Trump would not have legal authority to direct the Attorney General to appoint a special prosecutor to ‘look into’ Hillary Clinton’s email situation or the Clinton Foundation or anything else,” explained Laurence Tribe, professor of constitutional law at Harvard Law School, in an email to Fortune Magazine after the second presidential debate. “That’s not within a president’s power.”
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