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News@Law, 03/01/2017

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

The Marshall Project
How Immigrants Make Communities Safer
An op-ed by senior visiting fellow Chiraag Bains. President Donald Trump campaigned promising a return to “law and order.” Since taking office, he has attempted to fulfill that promise through policies that have been criticized as being thin on substance and out of touch with crime statistics. The president’s approach is misguided for another reason, however: he is targeting immigration as a driver of violent crime when it just might have the opposite effect. Most recently, Trump’s secretary of homeland security issued memos providing for the expanded use of detention, wide-scale deportation and the immediate design and construction of a southern border wall — all in the name of public safety. To justify such measures, Trump and his supporters point to cases such as that of Kate Steinle, a young woman killed by an undocumented immigrant who already had been deported five times. While stories like Steinle’s are undeniably tragic, when used this way they obscure rather than illustrate the broader truth regarding immigrants and crime.
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Bloomberg
What Press Freedom Means When You Can Just Press ‘Tweet’
An op-ed by Noah Feldman. Monday’s U.S. Supreme Court argument about whether sex offenders can be barred from social media had the justices observing that even the president uses Twitter. But the ubiquity of social media in politics is only the most superficial aspect of how new forms of publishing are challenging the First Amendment. In areas such as campaign finance and libel law, it’s a different legal ballgame than it was just a few years ago -- and the changes can be expected to multiply with time.
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New York Daily News
What Ringling owes its retiring animals: Lions, tigers, camels and more need to be moved to sanctuaries — and so should elephants
An op-ed by fellow Delcianna Winders. The soon-to-shutter Ringling Bros. Circus just rolled into Brooklyn for the last time. On March 3, the curtain will close on the circus’ final New York City show. After the lights go down and Ringling finishes up its final national tour, what’s to become of the dozens of animals used in the circus?...These majestic animals, who have endured so much, deserve better than jail— much better. That means they also shouldn’t be shipped off to zoos to be used as breeding machines, as Ringling has recently done with a handful of elephants.
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Slate
Introducing Trials and Error
...Starting this week, Slate is partnering with Harvard Law School’s Fair Punishment Project to create “Trials and Error.” Our collaboration will attempt to illustrate the reality of the justice system via thorough, fair, and accurate investigative journalism and policy analysis...Trials and Error will also feature academic voices, including Ron Sullivan...
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Quartz
In the US, some criminal court judges now use algorithms to guide decisions on bail
As part of a bold effort at bail reform, the state of New Jersey replaced bail hearings with algorithmically informed risk assessments this year. Anyone’s eligible for release, no money down, if they meet certain criteria. To ensure unbiased, scientific decisions, judges use a machine-generated score. The automated recommendation serves as a guide and doesn’t replace judicial discretion. Still, the program raises questions about the claimed neutrality of machine reasoning, and the wisdom of reliance on mechanical judgment...Harvard Law School’s criminal justice policy program published a primer on bail reform (pdf) in 2016, laying out the legal and social dangers of economically premised release and calling for its widespread abolition.
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