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News@Law, 02/16/2017

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

Bloomberg
Trump’s proposed tax cuts could help six U.S. banks benefit by combined $12 billion a year
The six largest U.S. banks could see annual profit jump by an average of 14 percent if President Donald Trump delivers on his promise to cut corporate taxes. The lenders, which stand to benefit more than other industries because they typically have fewer deductions, could save a combined $12 billion a year, according to data compiled by Bloomberg. Trump has called for cutting the corporate tax rate to 15 percent from 35 percent...While the cost of borrowing has been low since 2008, interest expenses can be much higher. Banks incorporate net-interest income -- interest earned on assets less interest paid on deposits and other debt -- in their revenue calculations. Revenue would balloon if interest expenses were excluded from this calculation. "Without the interest-expense deduction, many mainstream banks would go out of business," said Mark Roe, a professor at Harvard Law School. "They'd be paying tax on gross revenue, not profits."
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USA Today
Khizr Khan decries lack of ‘moral compass’ at Harvard forum
Gold Star father and constitutional rights advocate Khizr Khan spoke at Harvard University’s Kennedy School of Government and Politics on Wednesday evening about immigration, civil rights, Islamophobia and the future of the United States....Intisar Rabb, a professor of law at Harvard Law School and the director of the Islamic Legal Studies Program, spoke at the forum as well and asked Khan several questions. “It’s powerful to focus on and encourage us to not only read the Constitution, but to live its values,” Rabb said. “What is your favorite clause or the one part of the Constitution that you might point someone to? Particularly if they’re more interested in 140 characters or less?” she asked, alluding to President Trump, provoking laughter from the crowd.
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Time
DACA Immigrant’s Detention Is ‘Terrifying and Chilling,’ Civil Rights Lawyers Say
The detention of a young undocumented immigrant who was granted protection from deportation under an Obama Administration policy has sent a "chilling" message to other immigrants, his lawyers said...."The signal that his release on habeas corpus would send is a sigh of relief, but as of now, I think immigrants generally — including 'DREAMers' and DACA immigrants — are just holding their breath," Harvard Law School professor Laurence Tribe, one of the attorneys who filed the suit, told TIME. "I think this is a brutal, inhumane and unlawful seizure of a person, and it sends a terrifying and chilling message to the country," he added.
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Bloomberg
The Big Abortion Question for Gorsuch
An op-ed by Noah Feldman. If the U.S. Supreme Court were to reverse Roe v. Wade, individual states could still permit abortion. But, in theory, the Supreme Court could go further, and rule that laws permitting abortion violate the equal protection rights of unborn fetuses. That may seem far-fetched -- but in his book on assisted suicide and euthanasia, Judge Neil Gorsuch lays out an argument that could easily be used to this end. Gorsuch, President Donald Trump’s nominee for a seat on the Supreme Court, carefully avoids discussing abortion rights directly in his book. Yet his disparagement of what he calls “ageism” amounts to a principle that could easily be applied to fetuses.
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Bloomberg
What Impeachment Meant to the Founders
An op-ed by Cass Sunstein. In light of the recent White House controversies, it is inevitable that some people are starting to wonder whether, at any point, President Donald Trump might be impeachable. The best way to answer that question is to bracket controversies about any particular president and to ask: What, exactly, does the Constitution say about impeachment? As we shall see, Nancy Pelosi, the House minority leader, was altogether wrong to proclaim that the president cannot be impeached unless he has broken the law. But Gerald Ford was even more wrong to say, in 1970 (when he was minority leader), that the House of Representatives can impeach the president on whatever grounds it likes.
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Los Angeles Times
Why do more L.A. County black children end up in foster care? Experts clash over the reason
Black children account for eight out of 100 Los Angeles County children, yet they make up 28 out of 100 foster children, according to Department of Children and Family Services data. The reason for that difference is a subject of dispute among child welfare professionals...Elizabeth Bartholet, the director of Harvard Law School’s Child Advocacy Program, was among the skeptics of the path Los Angeles had chosen. As a young lawyer, Bartholet had worked for the NAACP Legal Defense Fund and had, over her career, mentored a generation of civil rights attorneys. Bartholet marshaled data to argue that when poverty and neighborhood characteristics are used to analyze foster care rates, race disappears as an explanatory factor.
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CBS News
Trade groups push to expire confusing food date labels
There could soon be something new to check out at your grocery store. The food industry is working to simplify labels on perishable food. Date stamps like “best by,” “sell by,” “use by” and “best before” can be confusing for shoppers...“There’s always this habit of going to the back of the shelf and taking the milk with the date that’s furthest out,” said Emily Broad Leib, director of Harvard Law School Food Law and Policy Clinic. “I think this will really help consumers know when does that date matter and when does it not really matter for safety reasons.”
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London Review of Books
The Trump Acceleration
An op-ed by Laurence Tribe. The sheer volume and rapidity of successive Trump outrages, cascading swiftly past one another, keeps even the most attentive among us from properly paying attention to any one of them, much less to their cumulative significance.
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Bloomberg
Logan Act Is Too Vague to Prosecute Flynn. Or Anyone.
An op-ed by Noah Feldman. The resignation of National Security Adviser Michael Flynn grew out of Department of Justice concerns that he had violated the Logan Act, a law from 1799(!) that bars private citizens from engaging in international diplomacy. The law as written applied to Flynn even though he was working for the president-elect when he engaged in a phone call with Russian ambassador to the U.S. But there’s a more serious problem, which should be kept in mind in case there’s an investigation of whether Donald Trump violated the law: It is probably unconstitutional. Enacted by the Congress that brought you the Alien and Sedition acts, the law is too vague for enforcement. And it violates free-speech standards that are the law today but went unrecognized by the John Adams administration.
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The Chronicle of Higher Education
Undocumented Students’ Fears Escalate After a DACA Recipient’s Arrest
The arrest and threatened deportation of a 23-year-old Mexican immigrant who was brought to the country illegally when he was 7 — but had a valid work permit under President Obama’s deferred-action program — has rekindled the fears of undocumented college students nationwide....Laurence H. Tribe, a constitutional law professor at Harvard Law School who is helping represent Mr. Ramirez, said in an email to The Chronicle that the message the Trump administration is sending to DACA recipients is "a dismal and frightening one. It’s telling them that this government isn’t committed to living up to the promises the Obama administration made to these recipients to induce them to come out from under the shadows."
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The Harvard Crimson
As Dean Search Progresses, Law Students Continue Push for Role
As the search for a new Harvard Law School dean enters its second month, students at the school continue to demand further involvement in the selection process and have started to hone in on their priorities for the search...Law School professors Carol S. Steiker, Kristen A. Stilt, Randall L. Kennedy, and Gabriella Blum represented the committee at the second of the two forums, held Tuesday. Dean of Students Marcia L. Sells also attended, according to Law School student Amanda Lee. Lee said about 30 students attended the wide-ranging discussion. Law School faculty at the meeting told students that Faust would be most receptive to emailed feedback... D. Davis ’12, a second-year Law School student who attended the forum, said students focused primarily on three issues at the event. Students at the forum said they were interested in the selection of a dean who will bolster public interest career training and financial support for those careers. They also discussed better integrating international students into the Law School and said the next dean should prioritize transparency with students, according to Davis.
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