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News@Law, 03/07/2017

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

The National Law Journal
Scalia’s Papers, Including Emails, Donated to Harvard Law School
By donating U.S. Supreme Court Justice Antonin Scalia's extensive papers to Harvard Law School on Monday, the Scalia family is giving his alma mater a unique challenge: preserving his digital as well as paper documents. "It is a safe guess" that this will be the first collection of a justice's papers that includes a large number of emails and digital documents, said Jocelyn Kennedy, executive director of Harvard Law School Library, after the announcement Monday.
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The Boston Globe
New Trump travel ban aims to withstand court challenge
President Trump scaled back his executive order barring migrants from several predominantly Muslim countries Monday, in an attempt to insulate the controversial rules from a flurry of legal challenges and critics. The new executive order, which will be phased in starting March 16, removes Iraq from the list of original list of seven banned countries. The switch came after the Iraqi government, a key ally in the fight against the Islamic State, decried the initial order and worked with the State Department on mutually agreeable vetting procedures...However, Deborah Anker, an immigration law scholar at Harvard and director of Harvard’s Immigration and Refugee Clinical program, said she still expects the order to run into substantial legal challenges.
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The Atlantic
The Trump Administration’s Dramatic Narrowing of Its Travel Ban
President Trump replaced his controversial ban on travelers from seven Muslim-majority countries with a scaled-back version on Monday, narrowing its scope to block only new applicants for visas and removing Iraq from its coverage. The scaled-back ban represents a considerable defeat for the president, whose original executive order was met with protests and a stern rebuke from the federal judiciary...“Some of the challenges to the initial order would be blunted by the changes reflected in the newly issued travel ban, but the most fundamental constitutional infirmities in the original ban, stemming from its grounding in anti-Muslim sentiment rather than in any rational assessment of danger, all remain,” said Laurence Tribe, a Harvard University constitutional law professor.
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Financial Times
The man set to take the Trump hot seat at Department of Justice
Rod Rosenstein has spent years prosecuting US public officials suspected of wrongdoing. He may soon get a chance to use those skills in the nation’s capital. Mr Rosenstein, nominated for the number two position in the US Department of Justice, is in line to run the investigation into alleged ties between Trump campaign aides and the Russian government, now that attorney-general Jeff Sessions has recused himself from the probe. “He’s stepping into a terrific hot seat, a real hot seat,” says Philip Heymann, who taught Mr Rosenstein at Harvard Law School and supervised him at the DoJ. “These are extremely difficult things to handle well.” 
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Bloomberg
Trump’s Wiretap Tweets Raise Risk of Impeachment
An op-ed by Noah Feldman. The sitting president has accused his predecessor of an act that could have gotten the past president impeached. That’s not your ordinary exercise of free speech. If the accusation were true, and President Barack Obama ordered a warrantless wiretap of Donald Trump during the campaign, the scandal would be of Watergate-level proportions.But if the allegation is not true and is unsupported by evidence, that too should be a scandal on a major scale. This is the kind of accusation that, taken as part of a broader course of conduct, could get the current president impeached. We shouldn’t care that the allegation was made early on a Saturday morning on Twitter.
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The Boston Globe
How ‘confused’ could Jeff Sessions have been?
An op-ed by Nancy Gertner. That Attorney General Jeff Sessions made a false statement under oath before a congressional committee is clear. He said, “I did not have communications with the Russians,” when in fact he had met twice with Russian Ambassador Sergey Kislyak. The only question is what the consequences should be. Making a false statement under oath before Congress is a crime punishable by five years imprisonment when three tests are satisfied: (1) The statement is false, (2) it concerns a material fact, not a minor or incidental one, and (3) the speaker has made the statement willfully and knowingly. The first two are not debatable.
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CNN Fareed's Global Briefing
Second Time a Charm for Trump’s Travel Ban?
The Trump administration’s new travel ban “appears to be reverse engineered from the appeals court decision blocking the old one,” writes Mark Joseph Stern in Slate. “It remedies multiple legal infirmities and narrows the order’s scope.” But Laurence Tribe, Carl M. Loeb University Professor and Professor of Constitutional Law at Harvard Law School, emails Global Briefing that the key shortcomings of the original ban – and their grounding in anti-Muslim sentiment rather than in any rational assessment of likely danger -- all remain. Tribe notes that the new ban is still limited to six Muslim-majority nations.
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The Harvard Crimson
British Lawmaker Behind ‘Brexit’ Speaks at Law School
About two dozen students gathered at Harvard Law School for a conversation with James Wharton, a Conservative member of the United Kingdom’s Parliament and advocate for the U.K.'s exit from the European Union...“I think that it is very valuable, even as a [British citizen] studying in the US, to get a British perspective on British and European politics on this side of the Atlantic,” said Samantha R.E. Henderson ['17], a Law School student. “I think that is valuable for the U.S. audience and for a Brit who has been away from Britain for some time now to hear about the developments there.” Matteo Mantovani, a visiting Ph.D. student from the University of Cambridge, said he disagreed with Wharton’s reasoning, and that Brexit is not in the best interest of the British people or the rest of Europe.
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Harvard Gazette
Law School receives Scalia papers
The family of the late Antonin Scalia, J.D. ’60, who was a leading associate justice on the U.S. Supreme Court, announced Monday that it will donate his papers to the Harvard Law School (HLS) Library...“We are deeply grateful to the Scalia family for donating Justice Scalia’s papers to his alma mater,” said John Manning, deputy dean and Bruce Bromley Professor of Law at HLS and a former clerk to Scalia...Adrian Vermeule, the Ralph S. Tyler Jr. Professor of Constitutional Law at HLS and also a former Scalia clerk, said, “Justice Scalia was, indisputably, the most influential and interesting justice of his generation, and a brilliant academic as well. His papers will be of surpassing value to future scholars, and it is fitting that they should find a home at Harvard Law School.”...Jonathan Zittrain, the George Bemis Professor of International Law and director of the library, said, “The Harvard Law School Library serves not only the campus community, but the world at large..."
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