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News@Law, 01/13/2017

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

Dissent Magazine
Beyond Liberal Internationalism
An essay by Samuel Moyn. The foreign policy consequences of Donald Trump’s election are agonizingly unpredictable. As with any schoolyard braggart, Trump says so much that nobody can ever know which parts he might actually mean. Unlike the devil we knew, Trump defies any attempt to forecast his choices, and therefore to anticipate a response. But if progressives stick to a popular front strategy, uniting in a grand coalition allowing liberals and neoconservatives to define a more responsible approach to Trump’s foreign policy, they could miss the ripest opportunity they have had in a generation to indict the Democratic Party’s profound mistakes.
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The Harvard Crimson
Immigration Law Experts Advise Undocumented Students
Staffers from Harvard Law School’s Immigration and Refugee Clinic clarified definitions of “sanctuary” spaces in an online seminar Wednesday, offering Harvard’s undocumented students individual legal consultation as President-elect Donald Trump prepares to take office. Philip L. Torrey, a Law School lecturer who led the seminar, said the label “sanctuary” could mean a number of things in practice, ranging from the physical prevention of immigration enforcement officials from entering a space to the guarantee that those officials have valid warrants before entering. “The term ‘sanctuary’ has no specific legal definition,” Torrey said...Torrey and fellow Law School lecturer Sabrineh Ardalan also briefed attendees on how to navigate immigration issues as Trump transitions to the White House.
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Bloomberg
Uncertainty Fills the Taiwan Strait
An op-ed by Noah Feldman. The world's most dangerous flashpoint got much more dangerous Thursday when China sent its lone aircraft carrier into the Taiwan Strait and Taiwan scrambled fighter jets in response. This is how accidental wars start: provocation and counterprovocation in an environment with too much uncertainty. The uncertainty arises from not knowing the Donald Trump administration’s answer to a pressing foreign policy question: Would the U.S. defend Taiwan from a Chinese attack?
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Bloomberg
Why Trump Can’t Just Say ‘You’re Fired’ to This Official
An op-ed by Cass Sunstein. Republicans are putting a great deal of pressure on President-elect Donald Trump to fire Richard Cordray, director of the Consumer Financial Protection Bureau. He should resist that pressure. Any effort to discharge Cordray would be illegal -- and it might even precipitate something close to a constitutional crisis.
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Vox
Even if Trump’s team coordinated with Russia, it’s still not treason
It didn’t take long after BuzzFeed leaked an intelligence dossier detailing shocking allegations of collusion between Russian officials and the Trump campaign (as well as claims that Russia has sexual blackmail against Donald Trump himself) for critics of the president-elect to start dropping the “t” word...But when I asked a few lawyers specializing in national security about the BuzzFeed memorandum, they mentioned that its contents — if true, which is a very big “if” indeed — could bring other laws into play. It’s much too early to speculate about actual indictments, but if the dossier is confirmed, there are a few statutes that would be worth examining. One, according to Harvard law professor and Lawfare co-founder Jack Goldsmith, is the Logan Act, an obscure 1799 law that prohibits citizens of the United States from negotiating with foreign governments and trying to influence their policies vis-a-vis a dispute with the United States...Many legal observers don’t take the Logan Act particularly seriously, however, given that it seems to rather clearly violate the First Amendment and would stand a good chance of being struck down should it even actually lead to a prosecution, according to Goldsmith and other legal observers
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Gizmodo
A New Fertility Technique Could Make ‘Designer Babies’ a Reality
...A group of scientists and bioethicists is concerned with how one new reproduction technology in particular might make a future of designer babies far more relevant...“What does IVG change? It is really its combination with CRISPR gene editing,” said Glenn Cohen, a Harvard Law professor and one of the authors of a new editorial in Science Translational Medicine that warns IVG may be the bearer of a set of “vexing policy challenges” and ethical dilemmas. “Right now CRISPR is still very much in its infancy, but one could potentially imagine a future a long way off where it was much more sure fire at selecting traits.” IVG, he said, might allow you to very easily produce a large number of embryos, and CRISPR might allow you to then easily edit those eggs and simply select the most attractive genetic options prior to implantation. “It is a little like the difference between Michelangelo painting the sistine chapel, and someone trying to create a similar piece of art on their computer with Photoshop,” Cohen told Gizmodo.
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Slate
Trump Promised to Do Five Things to Separate Himself From His Business. Here’s a Glaring Problem With Each.
At long last, Donald Trump on Wednesday unveiled his plan to separate himself from his business interests while president, something he previously promised would be oh-so simple to do at the same time he was finding reasons to delay taking any clear action on the matter. Based on what Trump shared Wednesday, the plan wasn’t worth the wait...“His elaborate-looking scheme constitutes at best a Potemkin trust, to coin a semi-Russian phrase,” Harvard law professor Laurence Tribe told Slate.
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Harvard Gazette
Sugar stands accused
Sugar was in the dock at Harvard Law School this week, accused of a prime role in the twin epidemics of obesity and diabetes sweeping the country. Science journalist and author Gary Taubes ’77 made his case that sugar consumption — which has risen dramatically over the last century — drives metabolic dysfunction that makes people sick. The hour-long talk was sponsored by the Food Law and Policy Clinic and drawn from Taubes’ new book, “The Case Against Sugar.”
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