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News@Law, 02/09/2017

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

The Toronto Star
Ottawa should suspend refugee pact with U.S., Harvard report says
A growing chorus of legal experts on both sides of the border is calling on Ottawa to suspend a bilateral pact that bans asylum seekers from crossing border for protection, warning the U.S. is unsafe for refugees. A Harvard University Law School review is the latest to warn about the negative impact of President Donald Trump’s executive orders on refugees, and is urging Prime Minister Justin Trudeau to reconsider the Safe Third Country Agreement. The report, released Wednesday by Harvard’s immigration and refugee clinical program, comes on the heels of the arrival of 22 asylum seekers from North Dakota, including a child and a baby, caught walking in thick snow across an unguarded border into Manitoba last weekend...“The new policies allow any state and local enforcement official, not just trained federal agents, to pick people up on mere suspicion, detain them in any remote location, subject them to an expedited removal process, where many if not most will be unable to express their fear of return and be screened,” said Deborah Anker, head of the Harvard program. “We are not going to tell the Canadian government what to do, but the finding that the U.S. is safe is wrong and unfounded, and should be blown out of the water.”
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MSNBC
Trump lashes out at judges – again (video)
The president says comments in court over his travel ban are 'disgraceful,' and says the ban would only be blocked due to politics. Laurence Tribe discusses with Chris Hayes.
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Bloomberg
The (Sensible) Fine Print on Trump’s Regulation Order
An op-ed by Cass Sunstein. The first weeks of the Trump administration have not exactly been characterized by an excess of regular order. So there’s special reason to applaud a document it released last week that helps to make sense of one of the president's controversial actions -- an unprecedented executive order limiting regulation. The order itself, requiring agencies to eliminate two regulations whenever they issue a new one, produced applause, confusion and alarm when it was announced on Jan. 30. The good news is that the highly professional "interim guidance document" that quietly followed the order three days later answers numerous open questions about it, and does so quite sensibly and in just a few pages.
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The Boston Globe
In Net neutrality fight, broadband’s the fix
Less than a month after being sworn in, Donald Trump has begun to destroy the Internet. Well, at least that seems to be the opinion of multiple Internet activists and politicians...Harvard law professor and Net neutrality advocate Susan Crawford likes the idea of Internet rate regulation.“The federal government should be requiring wholesale fiber networks to be available at reasonable prices throughout the country,” she told me. Crawford added that even if the agency didn’t actually set rates, the mere threat would keep Internet providers in line.
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The Washington Post
Is there any legal reason Melania Trump can’t profit from being first lady?
Let’s say Kanye West actually ran for president in 2020, as he has halfheartedly hinted he may on Twitter — and that he won The first lady of the United States would then be Kim Kardashian, a celebrity who rose to that status through sheer force of will, who has built a self-reinforcing business empire predicated on her celebrity and business empire...Laurence Tribe, professor of constitutional law at Harvard University, answered that question by email. “If official White House functions are used to make money, whether through photographs at official events or through using the White House logo or image for advertising or in some other commercial way,” he said, “that risks violation of the Foreign Emoluments Clause of Article I and the Domestic Emoluments Clause of Article II.”
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The Harvard Crimson
Former Classmates Reflect on Gorsuch’s Law School Days
As President Donald Trump’s nominee to the Supreme Court, Neil M. Gorsuch seems like an unlikely friend for many at Harvard Law School. ...As a judge, Gorsuch has similarly not explicitly shared controversial views. Law School professor Michael J. Klarman wrote in an email that Gorsuch’s views on a number of contentious legal topics remain unclear. “We don't know, based on his judicial opinions, what are Gorsuch's views on lots of issues, but he has given speeches suggesting courts have played too large a role on issues such as abortion and gay marriage, and he has rendered decisions suggesting broad support for religious exemptions with regard to statutes that impose unwanted burdens on religious practices,” Klarman wrote. Klarman wrote that while he would have preferred Merrick B. Garland ’74, former President Barack Obama’s nomination to the Supreme Court whose confirmation was blocked by Republican senators, he didn’t have any particular preference about who Trump nominated. “I regard Justices as largely fungible votes. Any Trump appointee would vote the same way on abortion, affirmative action, gun control, etc., as any other,” Klarman wrote.
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The Harvard Crimson
Law School Dean Search Panel Solicits Student Input
After some Harvard Law School students requested more rigorous involvement in the search for the school’s next dean, University President Drew G. Faust has organized a series of panels to hear student perspectives on desirable characteristics of the next dean and the state of the school...Three members of the faculty committee and about a dozen students attended the first panel, which was closed to the press, on Wednesday, according to Law School student attendee David D. Heckman [`17]. At the meeting, Heckman said students voiced opinions about what they would like to see in the new dean, discussed issues at the school they hope the next dean will address, and asked about the selection process itself...Following the panel, the Law School Student Council unanimously passed a resolution requesting that candidates for the deanship complete a ten-point questionnaire prepared by the Council. The Council is sending the resolution to Faust and the advisory committee.
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Bloomberg Big Law Business
Akin Gump Responds to Partner’s Arrest
News emerged Wednesday morning from Bloomberg News of an Akin Gump partner who was arrested by the Federal Bureau of Investigation on charges of trying to sell a copy of a secret lawsuit to the company under investigation...Neil Eggleston, former President Barack Obama’s White House Counsel who is now a lecturer at Harvard Law School, said that the news isn’t good publicity for Akin Gump, but that it wouldn’t “have much impact” on the firm. “No partner at Akin Gump is happy reading this morning about one of their partners alleged to be involved in some serious criminal conduct,” said Eggleston. “It’s quite unfortunate. But this will not have a lasting impact on Akin Gump.”
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NPR
5 Questions After Hearing The Oral Arguments Over Trump’s Travel Ban
Two lawyers, three judges, thousands of ordinary Americans: On Tuesday night, oral arguments in Washington v. Trump attracted an unusually large audience for audio-only legal proceedings...Laurence Tribe, a constitutional law professor at Harvard Law School, says there is case law that backs up Purcell's argument. "There is no precedent for the ridiculous suggestion that discrimination against members of a religious group becomes constitutionally acceptable whenever only a small percentage of that religious group is victimized," Tribe tells NPR. "The entire course of jurisprudence under the Religion Clauses is incompatible with any such arithmetic approach to the issue."
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