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News@Law, 01/25/2017

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

Harvard Gazette
A custom-tailored course
First came the fashion police. Now come the fashion lawyers. While the fashion police playfully expose the dos and don’ts of style, fashion lawyers draft contracts and provide legal advice behind the curtains, far from the spotlight and glamour of the red carpet. Still, the job can be exhilarating. Students who took “Fashion Law Lab,” a nine-day course offered at Harvard Law School (HLS) during the January term, caught a glimpse of the allure of the fashion industry, and most couldn’t get enough of it...“It was mentally exerting but rewarding,” said J.D. student Keith Thomas. “It was … so different from other courses at HLS. It was so practically focused, and the skills we learned are transferable to other industries outside fashion. It was fantastic.” That was exactly what the instructors, Jeannie Suk Gersen, the John H. Watson Jr. Professor for Law, and Nana Sarian, general counsel of Stella McCartney, had in mind when they thought up the experiential course.
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The Economist
A watchdog sues Donald Trump over foreign payments to his companies
Unlike his predecessor, Donald Trump did not teach constitutional law before becoming president. Yet owing to some of his positions on individual rights, Mr Trump’s ascension to the presidency promises new opportunities for Americans to become more familiar with their founding document. A lawsuit filed on January 23rd in a federal district court in New York may add a rather obscure constitutional provision to the layman’s legal vocabulary: the foreign emoluments clause...The formidable team assembled to pursue this legal action includes...Laurence Tribe, a Harvard law professor. The 45th president’s plan to hand his businesses over to his two adult sons rather than selling them off, according to Mr Tribe, makes him subject to “the patronage of foreign powers”. Just days into his presidency, “[i]t is already clear that nothing short of judicial force” will resolve Mr Trump’s conflicts of interests, Mr Tribe added.
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Lawsuit Challenges Mass. Assault Weapons Ban (audio)
The Gun Owners' Action League and other plaintiffs have filed a lawsuit challenging the state's ban on assault weapons. They argue that the ban is unconstitutional. The lawsuit also involves a directive that Attorney General Maura Healey issued in July that cracks down on copies or duplicates of forbidden guns, where gunmakers alter a weapon slightly to comply with state law. But the tweaks don't limit how lethal the weapons are...Guest: Nancy Gertner, former Massachusetts federal judge, senior lecturer on law at Harvard Law School and WBUR legal analyst.
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The Harvard Crimson
Some at Harvard Criticize Diversity of Women’s March
When millions of demonstrators gathered across the country on Jan. 21 to march for women’s rights, many criticized the protest for its lack of diversity. Some Harvard students who participated in the Boston’s Women’s March agree, saying that the protest could have represented a wider variety of perspectives...Students from Harvard Law School organized a breakfast and rally before the march, featuring speakers from several of the school’s cultural affinity groups such as La Alianza and the Black Law Students Association. According to Kristin A. Turner, president of the Harvard Black Law Students Association, the rally garnered a crowd of about 200 students. Turner said she was pleased to see an emphasis on issues affecting people of color, even though some said the Boston march was predominantly white...Paavani Garg, vice president of the Harvard Law Women’s Law Association, agreed, adding that going forward, she hopes to see continued support for non-white women...Natalie D. Vernon, president of the Harvard Law Women’s Law Association, also noted that involvement of people from all racial backgrounds might promote a more unified charge for women’s rights and that differences in background may account for better activism in the future.
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Former FCC Chair Warns of Trump Team Plan to ‘Modernize’ FCC
Tom Wheeler, the recently departed chairman of the FCC, took aim at an idea to streamline the agency, saying that it was a “fraud” to say that it was “modernizing” the agency and suggested that it is really a way for major internet service providers to escape substantive oversight. Speaking on Tuesday at the Berkman Klein Center for Internet & Society at Harvard University, Wheeler was referring to reports that the Trump transition team was looking to restructure the FCC and move functions like competition and consumer protection to other federal agencies like the Federal Trade Commission. “It makes no sense,” Wheeler said at the event, moderated by Susan Crawford. “We are talking about 1/6 of the economy, but more importantly, we are talking about the networks that connect 6/6 of the economy.”
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The Fine Print in Trump’s Regulation Memo
An op-ed by Cass Sunstein. On his first day in office, President Donald Trump issued a “regulatory freeze,” in the form of a memorandum, signed by chief of staff Reince Priebus, that appeared to halt new regulations in their tracks...But the Priebus memorandum does make two noteworthy changes, which means that it is a more muscular document than Emanuel’s. The changes are a bit technical, but please bear with me; they matter.
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Harvard Gazette
The return of Winthrop House
When students move back into a renovated Winthrop House this fall, they’ll find transformed spaces and modern amenities as well as design touches that celebrate the residence’s rich history...In a statement, Winthrop Faculty Deans Ronald S. Sullivan Jr. and Stephanie Robinson said: “We are thrilled beyond belief that all of Winthrop will be returning home in the fall of 2017. It will be a wonderful celebration to have our entire community together under one Winthrop, something that we’ve never experienced before. We are extraordinarily grateful for the generous support of Robert M. Beren for helping to make this possible. We further wish to thank all of the people — especially the renewal team and the construction workers who have worked tirelessly to finish Winthrop ahead of schedule.”
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See You in Court, Mr. President
On Monday, ethics watchdog Citizens for Responsibility and Ethics in Washington sued President Donald Trump for violating the Emoluments Clause, a constitutional provision that prohibits federal officials from accepting “any present, emolument, office, or title, of any kind whatever” from a foreign state without congressional approval....But in a conversation on Monday, [Laurence] Tribe told me he’s optimistic that the courts won’t punt on the case. “This is a perfect example of something where the courts are quite ready to weigh in,” he said. “It’s clear that the old approach—treating every politically sensitive question as a potential ‘political question’—is gone. Once we get to the merits, the court will not say, ‘Ah, but we can’t decide that question; it’s only for Congress to decide.’ The Constitution states very clearly that foreign emoluments are absolutely forbidden unless Congress chooses to give its consent. And Congress has not given consent.”
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Constitutional Suit Against Trump Faces Hurdles
An op-ed by Noah Feldman. The headline issue in the first lawsuit against President Donald Trump is whether it is a violation of the emoluments clause of the Constitution for his hotels and properties to be paid by foreign governments. But if a court actually decides this tough question, that will already be an accomplishment for the watchdog organization that brought the suit and the distinguished lawyers and academics representing it. First, they have to get past two legal hurdles just to have their arguments considered. Although they have strong arguments to make on both, a skeptical court could easily throw out the case before reaching its heart.
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The Harvard Crimson
Law Professor Sues Trump for Alleged Constitutional Violations
Harvard Law School professor Laurence H. Tribe has joined a legal team suing President Donald Trump, arguing that Trump’s ownership of the Trump Organization violates a clause of the United States Constitution...Tribe said in an interview that current arrangements fails to fix violations of the Emoluments Clause. “The Emoluments Clause has nothing to do with how busy you are managing, it’s about whether you own something,” Tribe said. “As long as he maintains ownership of this vast business empire that can be benefited financially in dozens and hundreds of ways by many countries that want to gain his favor, he hasn’t avoided the Emoluments Clause.”
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