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News@Law, 01/18/2017

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

The Atlantic
Trump’s Ethics Train Wreck
An op-ed by Richard W. Painter, Laurence H. Tribe, Norman L. Eisen, and Joshua Matz. Last week, President-elect Donald Trump’s lawyers issued a brief, largely unnoticed memo defending Trump’s plan to “separate” himself from his businesses. We believe that memo arbitrarily limits itself to a small portion of the conflicts it purports to address, and even there, presents claims that depart from precedent and common sense. Trump can convince a lot of people of a lot of things—but neither he nor his lawyers can explain away the ethics train wreck that will soon crash into the Oval Office.
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Backchannel
Who Is Killing the Towns of Western Massachusetts?
An op-ed by Susan Crawford. This is the story of a dramatic failure of imagination and vision at the state level: Governor Charlie Baker’s apparent insistence that Massachusetts relegate small towns to second-rate, high-priced, monopoly-controlled (and unregulated) communications capacity. It’s a slow-rolling tragedy that will blight Western MA for generations. The likely outcome: Only those plucky, scrappy towns that elect to build on their own will escape the grip of unconstrained pricing for awful service. The rest will fade into irrelevance. What new American generations will stay in a place that is essentially unconnected to the world? What new businesses and ways of making a living will emerge there? None and none.
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Lohud (Westchester, N.Y.)
Ed Day’s mistaken crusade to keep Clark in prison
An op-ed by Yaacov Jake Meiseles `19. Rockland County Executive Ed Day is on a mission to keep 67-year-old Judith Clark behind bars. Clark was the getaway driver in the infamous 1981 Brink’s robbery in Nyack, in which a Brink’s guard and two police officers were shot and killed by her co-defendants. Clark was subsequently sentenced to 75-years-to-life in prison — one of the longest sentences of her six co-defendants. In a profound display of mercy, Gov. Andrew Cuomo recently commuted Clark’s sentence to 35-years-to-life. Consequently, a parole board will review her imprisonment status this March. Day has taken on the mission of keeping Clark locked up as his personal crusade.
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BBC World
5 razones por las que Donald Trump considera que China es un enemigo de EE.UU.
(Translated from Spanish.)...Mark Wu, a professor at Harvard Law School, told BBC World, “Whether you agree with President-elect Trump’s tactics or not, the U.S. does indeed face a number of serious trade problems with China.” “These include China’s use of subsidies for certain sectors, China’s dumping of its excess capacity of its steel products overseas, and China’s imposition of export restraints on certain raw materials. These benefit Chinese producers at the expense of American firms and workers.” For the Harvard scholar, the key issue is that China’s economy is structured in such a way that not all trade problems can be dealt with effectively through litigation at the WTO. “The crucial question is: What is the best way to deal with these problems to ensure that China does not get a disproportionate share of the gains from trade at the expense of the United States?” “The incoming Trump Administration’s view is that only by taking a harder line and raising the threat of a trade war will China change its practices.”
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ESPN
Incoming Trump administration heightens anxiety about reversal in Title IX progress
When Maddy Moore arrived at Georgetown University as a freshman almost four years ago, she signed up to be a peer educator on sexual assault. At that time, there was growing momentum behind the issue on college campuses across the country...But with the election of Donald Trump, who confided on tape to a reporter that he can kiss and grab women by the genitals without their consent, Moore, now a senior, and her peers are concerned...For opponents of the 2011 directive, having schools step in for courts doesn't create a fair system of justice and may treat alleged perpetrators unfairly. Harvard Law professor Elizabeth Bartholet, who signed the May letter, said the new interpretation of the scope of Title IX has lowered the bar to serious consequences, such as expulsion. "Clearly [sexual assault] is a problem and should be addressed," Bartholet said in a phone interview. "At the same time, what the Obama Administration did in the Dear Colleague letter has gone way beyond."
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Bloomberg
A Warning to Trump From Friedrich Hayek
An op-ed by Cass Sunstein. If American conservatives have an intellectual hero, it might well be Friedrich Hayek -- and rightly so. More clearly than anyone else, Hayek elaborated the case against government planning and collectivism, and mounted a vigorous argument for free markets. As it turns out, Hayek simultaneously identified a serious problem with the political creed of President-elect Donald Trump. One of Hayek’s most important arguments in his great classic, "The Road to Serfdom," involves the Rule of Law, which he defined to mean “that government in all its actions is bound by rules fixed and announced beforehand.” Because of the Rule of Law, “the government is prevented from stultifying individual efforts by ad hoc action.”
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Bloomberg
‘Bad Hombres’ Loom Over Supreme Court
An op-ed by Noah Feldman. Is it lawful to deport immigrants who commit “aggravated felonies”? Or is that language unconstitutionally vague? The U.S. Supreme Court considered the question Tuesday, in a case that’s proof of De Tocqueville’s dictum, “There is hardly a political question in the United States which does not sooner or later turn into a judicial one." Although the legal issues are subtle, the atmospherics of the case are all about Donald Trump’s warnings of “bad hombres” illegally entering the U.S.
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