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News@Law, 01/27/2017

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

The New York Times
What Trump Can and Can’t Do to Dismantle Obama’s Climate Rules
President Trump campaigned on sweeping promises to eliminate former President Barack Obama’s major environmental regulations and “get rid of” the Environmental Protection Agency. On Tuesday, Mr. Trump offered a down payment on those promises, with memorandums clearing the path to construction of the Keystone XL and Dakota Access oil pipelines. He is expected to roll back a few more rules, including some on coal production, in the next few weeks...A year ago, Mr. Obama incited the coal industry’s rage with a stroke-of-the-pen executive action banning new leasing of coal mines on public lands. Mr. Trump has the same authority to undo the ban. “That was Obama hitting the pause button, and Trump can unpause it,” said Richard J. Lazarus, a professor of environmental law at Harvard University. “Anything that was done without a lot of process up front can be undone without much process.”
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Bloomberg
When Democrats Blocked an ‘Out of the Mainstream’ Justice
An op-ed by Noah Feldman. Senate Minority Leader Chuck Schumer says the Democrats will filibuster any U.S. Supreme Court nominee announced by President Donald Trump next week who’s “out of the mainstream.” The phrase harks back to the Democrats’ success in blocking Judge Robert Bork from the high court in 1987, an event that both gave the world Justice Anthony Kennedy and permanently politicized Supreme Court confirmations. The Republicans could eliminate the filibuster using the “nuclear option,” of course. But Schumer’s threat still poses two crucial questions: What’s the “mainstream” when it comes to judicial practice and philosophy? And would the Democrats be justified in trying to block Trump’s nominee for being out of it?
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The Boston Globe
Gov. Baker should protect the Mass. Supreme Judicial Court
An op-ed by Nancy Gertner. President-elect Trump will soon announce his nominee to fill the vacancy of Antonin Scalia on the Supreme Court, and he may have to opportunity to further reshape the court during his administration. But Governor Charlie Baker of Massachusetts has the chance to reshape the Massachusetts Supreme Judicial Court right now; he is about to fill five vacancies in a seven-person court because of mandatory retirement at age 70.
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The Harvard Crimson
Trump’s Proposed Tax Code Changes Could Affect Harvard Fundraising
Since Donald Trump’s victory in the 2016 presidential election, Harvard affiliates have voiced concerns about his stances on a number of issues, including immigration, federal research funding, and climate change. But some alumni and tax experts say that Trump’s administration could affect another important—if less public—aspect of University affairs: charitable giving...Harvard Law School professor Thomas J. Brennan, who teaches tax law, said he thinks the proposed changes could affect high income individuals, but not the “Warren Buffetts and Bill Gates” of the world. “The people who are itemizing—aren’t extremely wealthy but are well enough off and generous—are the ones whose behavior will be most affected,” Brennan said.
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Business Insider
Top security expert: Trump’s unsecured Android phone could be used to spy on the president
President Donald Trump is still using an unsecured Android phone to send his tweets, according to The New York Times. One security analyst laid out the worst-case hacking scenario that Trump's unsecured likely Samsung Galaxy S3 could cause. "There are security risks here, but they are not the obvious ones," Bruce Schneier wrote on his website on Thursday. Schneier is a widely respected cryptography expert. He's a fellow at Harvard Law School, and he's written several books on information security.He says the "bigger risk" stemming from Trump's unsecured Android phone isn't that the data on it could be stolen, but that a hacker could compromise the device and turn it into a presidential spying machine.
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Falls Church (Va.) News-Press
Tiny Houses & Rentals for F.C.
Falls Church’s own Pete Davis [`18], now a Harvard Law School student, will appear on the popular ABC-TV show, “Shark Tank,” this Friday night to pitch a company he and some of his fellow students set up to build and sell “tiny houses.” The growing popularity of the concept has earned it the title of a movement, the “tiny house movement,” and the cable TV airwaves are full of discussions about it. Tiny houses, most with a footprint of less than 300 square feet, have the potential to solve a myriad of social and family problems, and we urge decision makers in Falls Church to pick up and run with the idea.
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