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News@Law, 03/06/2017

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

Want to see what protests can be? Look at what they have been.
An op-ed by Tomiko Brown-Nagin. The most successful protest movements in history have been the ones that have set their own agendas. Whether abolitionists, women’s suffrage advocates, or civil rights activists, progressive change movements have gained influence by disrupting politics as usual — not by slavishly aligning themselves with electoral parties. However, electoral politics — in particular, Democrats’ desire to win the next round of elections — is distorting conversations about the significance of the protests that have unfolded since the election of Donald Trump.
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Boston Globe
‘Sanctuary cities’ have the law on their side
...President Trump has empowered federal agents to arrest and deport undocumented immigrants, no matter where they reside, and insists that local police officers be employed to help enforce the orders. He has pledged to cut off federal funding for communities that refuse — the so-called sanctuary cities — and his threat has had the desired chilling effect...There have been some exceptions, such as conditioning federal highway funds on states enforcing speed limits, but overall the court has said that the federal government cannot “commandeer” states to do its bidding. Laurence Tribe, the constitutional law scholar, says Trump’s threats — both overbroad and out of scale — are clearly suspect. “I think he’s violating the Constitution up and down,” Tribe said.
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Harvard Gazette
Probing how colleges benefited from slavery
...An afternoon discussion touched on the recent controversy surrounding Harvard Law School’s shield. Last March, the University retired the shield, which was modeled on the family crest of Isaac Royall Jr., an 18th-century slaveholder whose bequest endowed the first professorship of law at Harvard. History scholar Daniel R. Coquillette, who recently helped to publish a book on the first century of HLS, said his research brought him to Royall and also to Antigua, the West Indian island that was the home of his lucrative sugar plantation. “As we got into” the research, he said, “it got worse.”...His comment was in part a reference to Professor Annette Gordon-Reed’s written response to the shield controversy, what he called “one of the most eloquent pieces of writing I’ve ever seen.”
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The Incentive to Leak Is Right in the Constitution
An op-ed by Noah Feldman. The ongoing saga of contacts between Russian officials and the Donald Trump campaign assures that the subject of government leaks isn’t going away anytime soon. Although some critics have compared the career bureaucrats suspected of doing the leaking to the “deep state” that has bedeviled reformers in Egypt and Turkey, the First Amendment hasn’t been brought into the conversation. It should be. As it turns out, there are competing constitutional views about bureaucrats’ engagement with public affairs.
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Trump’s Safe and Sane ‘Regulatory Reform’ Idea
An op-ed by Cass Sunstein. In one of his few statements since joining government, presidential adviser Stephen Bannon announced that one of the Trump administration’s principal goals was “the deconstruction of the administrative state.” Given the critical role of federal agencies in protecting public health and safety, that’s pretty provocative. But President Donald Trump’s latest action suggests that reform is the aim, rather than deconstruction -- and the reform might even turn out to be reasonable.
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The New York Times
Confronting Academia’s Ties to Slavery
...On Friday, Harvard’s president, Drew Gilpin Faust, stood at a lectern under a projection of Renty’s face and began a rather different enterprise: a major public conference exploring the long-neglected connections between universities and slavery. Harvard had been “directly complicit” in slavery, Ms. Faust acknowledged, before moving to a more present-minded statement of purpose...There were gasps when Daniel R. Coquillette, co-author of a recent history of Harvard Law School, recounted how Isaac Royall Jr., a West Indian planter whose financial gifts led to the founding of the school, helped brutally put down a slave rebellion on Antigua during which dozens were drawn and quartered or burned at the stake.
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