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News@Law, 02/02/2017

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

Pro Publica
Reader Questions Answered on Trump’s Travel Ban
...But, as Gerald Neuman — law professor and co-director of the Human Rights Program at Harvard Law School — points out, that’s just one piece of the puzzle. The Immigration and Nationality Act has been updated since then, and the courts have long held that the Constitution applies to immigration matters, including the Establishment Clause (which prevents discrimination on the basis of religion) and the Equal Protection Clause (which guarantees the equal protection of law to all)...Some scholars argue the president’s order also violates the Constitution. In weighing that question, “it’s helpful to view the order in the context of the history that led up to it,” said Neuman, the Harvard Law School professor. “What the president said about the policies he wanted to adopt before the fact; the fact that there is no new emergency or change of circumstances that require such a change; the fact that procedures by which this were adopted were not the normal procedures by which executive orders are adopted; and the enormous contrast in magnitude between the number of people who are affected by this change and the size of the problem it’s allegedly dealing with.”
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Bloomberg BNA
Gorsuch Could (But Might Not) Spell Trouble for Environmental Rules
U.S. Supreme Court nominee Neil Gorsuch has opposed giving broad deference to the EPA and other federal agencies during a decade on the federal bench, but his track record also indicates a reluctance to support “heavy-handed rollbacks” of Obama-era environmental rules, legal experts told Bloomberg BNA...And if confirmed, Gorsuch could also—if consistent in his reasonings—upend regulations promulgated by the Trump administration, Harvard Law School professor Richard J. Lazarus told Bloomberg BNA in an e-mail. “The challenge … is to have judges who in fact apply the doctrine in an even-handed way even when it goes against the policies they might personally favor or be favored by those who have nominated them to the Court,” Lazarus said...The cases in which he has made decisions on environmental or public lands issues are really more about his administrative law views, Harvard Law School professor Jody Freeman told Bloomberg BNA. “He seems to come down on both sides depending on the particulars of the case.”
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The Harvard Crimson
Immigration Experts Counsel Affiliates Impacted by Trump Order
Affiliates from across Harvard affected by President Donald Trump’s immigration order voiced concerns and posed questions to University administrators and staff at a town hall event Wednesday...Martin and Jason M. Corral, an immigration attorney, fielded questions from the audience. Harvard Law School’s Immigration and Refugee Clinic recently hired Corral to offer legal counsel to those impacted by Trump’s immigration policies—a part of a series of steps Faust laid out in November to bolster resources for Harvard affiliates...“We’ll try to be as transparent as possible, but at the same time respect individuals and preserve confidentiality,” Corral said when asked about whether the University would communicate with the Harvard community about the status of affected individuals. Corral offered up his business card and pledged to continue working with clients even after they graduate.
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Majority Report
Laurence Tribe: Is Donald Trump Leading Us to a Constitutional Crisis? (audio)
Laurence Tribe a Professor of Constitutional Law at Harvard Law School explains the reasons for the foreign emoluments clause. The lawsuit against the Trump Administration focusing on the emoluments clause. The favors Trump receives from abroad and why that is an ongoing constitutional violation. What happens when the President does not follow the law? Why discriminating on the basis of religion is unconstitutional. The many ways the Muslim ban is unconstitutional. At what point are we in a constitutional crisis? Is impeachment the only answer.
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The Atlantic
Red State, Blue City
The United States now has its most metropolitan president in recent memory: a Queens-bred, skyscraper-building, apartment-dwelling Manhattanite. Yet it was rural America that carried Donald Trump to victory; the president got trounced in cities...American cities seem to be cleaving from the rest of the country, and the temptation for liberals is to try to embrace that trend...Some states delegate certain powers to cities, but states remain the higher authority, even if city dwellers don’t realize it. “Most people think, We have an election here, we elect a mayor and our city council, we organize our democracy—we should have a right to control our own city in our own way,” says Gerald Frug, a Harvard Law professor and an expert on local government. “You go to any place in America and ask, ‘Do you think this city can control its own destiny?’ ‘Of course it can!’ The popular conception of what cities do runs in direct conflict with the legal reality.”
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A Progressive Guide to Deploying Trump Outrage
An op-ed by Noah Feldman. It’s been deeply heartening to see the intensity and enthusiasm of the resistance to President Donald Trump’s executive order freezing immigration from seven majority-Muslim countries. But precisely the intensity of the effort, complete with all-night lawyers at major airports, poses a challenge: Generating -- and maintaining -- a heightened sense of panic and outrage at every Trump policy move will be unsustainable over four years. If political energy isn’t expended wisely, it will dissipate quickly, and opposition will gradually fade. What’s needed is a guideline to know when to declare that the sky is falling -- and when to express measured, reasoned disagreement with policies that progressives consider mistaken.
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The Boston Globe
Democrats face a tough battle on Gorsuch
Revealing a scary judicial wolf under Mr. Nice Guy robes won’t be easy....Nancy Gertner, a retired federal judge and Harvard Law School professor, said she fears Gorsuch will get the same treatment that Chief Justice John Roberts got during his confirmation hearings. She said his “ostensible nice demeanor caused the Democrats to pull their punches.” With Gorsuch, said Gertner, Democrats “need to stand up and do a searching confirmation process’’ — not just oppose, as Republicans did when they refused to hold hearings for Judge Merrick Garland, President Obama’s nominee for the seat.
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Financial Advisor
Surviving The Next Housing-Market Hurricane
An op-ed by Mark Roe...Since the financial crisis, regulators in the United States and elsewhere have been preparing banks to weather a banking crisis like that of 2008 and 2009. They are now justifiably more confident that a troubled bank can be restructured effectively, and that depositors and other short-term creditors would not trigger a collapse by hastily withdrawing their money. Long-term creditors, they are confident, would take the hit. But disturbing evidence has emerged suggesting that, overall, the global financial system is no safer today than it was in 2007. When the 2008 global financial crisis erupted, America’s red-hot housing market had been operating as a money market for years. Companies’ chief financial officers (and others with excess, temporary cash) were using their cash to purchase securities backed by pools of mortgages, which they would sell back to the bank the following day, reaping attractive interest gains. This overnight market was – and remains – huge, rivaling the size of the entire deposit-based banking system.
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U.S. News & World Report
A Law School Resume That Made the Cut
When applying to law school, chances are good the competition will be strong students with impressive accomplishments. The challenge of the admissions process is to stand out. One way to distinguish yourself is to craft an exceptional resume that tells your story in an eloquent way...Cameron Clark, a second-year student at Harvard Law School, provided U.S. News with a copy of the resume he used in his successful application. He used colorful wording in the resume to elicit interest from admissions officers and spark a conversation with his law school interviewer. Here is an annotated copy of Clark's resume, with his comments explaining its structure and feedback from experts about its pluses and minuses.
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