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News@Law, 01/12/2017

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

Bloomberg
Supreme Court Gets Between Schools and Parents
An op-ed by Noah Feldman. The U.S. Supreme Court took up this challenging policy question Wednesday: How much is a school district obligated to educate a disabled child? The justices will have to choose from a smorgasbord of options offered by the lower courts, the Department of Justice, and the parents and schools in the case. The choices range from just a little more than nothing to the same level of education available to other kids. The outcome will have major consequences for tens of thousands of students -- and for the schools where they study.
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Law Newz
Harvard Law Prof: Trump’s Plan is ‘Walking, Talking, Tweeting Violation’ of Constitution
Well-known legal scholar, recognized constitutional law expert and member of the faculty at Harvard Law School, Professor Laurence Tribe, went on a Twitter rampage for the ages on Wednesday. It was all in response to President-elect Donald Trump’s major press conference at which his lawyer, Sheri Dillon, was tasked with explaining the plan devised by Trump’s legal team for how his businesses will be run while he is serving as president. Tribe even went on to tell LawNewz.com that “the whole phony setup would make President Trump a living, walking, talking, tweeting violation of the Emoluments Clause each time banks or funds linked to foreign sovereigns are allowed to take steps that Trump will necessarily know are enriching the total value of his family’s mega-business.”
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Bloomberg BNA
Will Overseas Bribery Target Come Off Biopharmas?
Past comments by President-elect Donald Trump are prompting some to think that his administration may lessen enforcement of laws prohibiting bribery of foreign officials. The Foreign Corrupt Practices Act, enacted in 1977, generally prohibits paying bribes to foreign officials to assist in obtaining or retaining business. For the last five years, biopharmas have been in the cross-hairs of the Department of Justice and the Securities Exchange Commission, which jointly enforce the FCPA...What will Trump advocate once he is sworn in as president? Matthew Stephenson, a law professor at Harvard University, told me in an interview for my special report that he was more pessimistic than others. "I don’t expect much to change in the short term, but I am concerned about the mid- and long-term. There is a tremendous amount of uncertainty,” he said.
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The Boston Globe
Trump says he won’t unload his businesses
President-elect Donald Trump’s announcement Wednesday that he’ll transfer management of his business empire to his sons — but will not divest the assets — won’t ease concerns about his conflicts of interest, say legal specialists...“It does not solve any of the problems,’’ Harvard Law School professor Laurence H. Tribe said of the plan. “It’s a complete ruse.”...Harvard’s Tribe, a constitutional law professor, said Trump’s trust plan still allows foreign governments to curry favor with the president and enhance his wealth, in violation of the Constitution’s emoluments clause. This is a provision that bars presidents from receiving funds from foreign governments. “Everyone in the world knows when they play golf at one of his courses or pay a lot of money at one of his hotels, that they are benefiting him and benefiting his brand,’’ Tribe said.
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BBC
Trump Organization handover plan slammed by ethics chief
The director of the US Office of Government Ethics has criticised Donald Trump's plan to hand control of his business empire to his sons before his inauguration on 20 January..."As I listened, my jaw dropped. Trump's workaround is a totally fraudulent runaround," tweeted Professor Laurence Tribe of Harvard University, one of the leading constitutional lawyers in the US. "Trump's announced structure is cleverly designed to dazzle and deceive, but it solves none of the serious ethical or legal issues. Trump's lawyer would flunk constitutional law at any halfway decent law school. At least if the lawyer wasn't just joking."
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The Washington Post
Trump’s non-solution to his conflicts of interest and emoluments problems
President-elect Donald Trump’s strategy on addressing his conflicts of interest seemed to be to throw out as many bells and whistles as possible, sprinkle some remarks from highly compensated lawyers and hope he could muscle his way through concerns that he is setting up a scheme that will invite corruption and run afoul of the Constitution...His lawyer also claimed that the emoluments clause does not cover arm’s-length transactions. This is blatantly false. In a detailed legal memo prepared by Laurence Tribe, Richard Painter and Norman Eisen, they found: To start, the text supports this conclusion; since emoluments are properly defined as including “profit” from any employment, as well as “salary,” it is clear that even remuneration fairly earned in commerce can qualify...Tribe separately commented to me, “The steps he is taking constitute at best a Potemkin trust, to coin a phrase. He remains a walking, tweeting violation of the Emoluments Clause from the moment he takes office.”
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