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News@Law, 03/08/2017

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

The New York Times
Don’t Roll Back the Vehicle Fuel Standards
An op-ed by Jody Freeman. One of the signal achievements of the Obama administration was reaching an agreement with the auto industry to dramatically increase fuel efficiency standards for vehicles, doubling them to 54.5 miles per gallon by 2025. The industry now wants to renege. At its behest, the Trump administration is expected to initiate a rollback. Weakening these standards would be a mistake for consumers, the environment and the auto industry itself. They are the most important action the United States has taken to address climate change and reduce the nation’s dependence on oil.
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USA Today
Trump’s travel ban could have far-reaching consequences for presidential power
President Trump's new executive order sets up a court battle that could create a long-lasting precedent for presidential power — and not just on immigration law. Trump rewrote his travel ban order Monday, hoping to fortify it against court challenges that have argued that it discriminates against Muslims. A key question now is: If the first order was discriminatory in its intent, can a rewrite of the order make that intent go away? "This case about the president's authority will undoubtedly be tremendously consequential for the scope of executive authority going forward," said Richard Fallon, a Harvard law professor.
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The Wall Street Journal
WikiLeaks CIA Revelations Highlight Stakes in Debate About Cyber Offense Vs. Defense
WikiLeaks’ publication of hacking tools purportedly used by the Central Intelligence Agency highlight the stakes in a debate about the merits of basing cybersecurity on offense vs. defense., experts said Tuesday. A focus on the tools of attack can create certain kinds of risks because such tools may be difficult, if not impossible, to keep secure. “Eventually, this will all make us safer because finding and publishing (vulnerabilities) is always a good thing,” cryptographer and security expert Bruce Schneier said. The latest WikiLeaks publication showed that the federal agency was hoarding previously unknown cyber vulnerabilities, known as zero days. Mr. Schneier said that the sharing of such information could be beneficial.
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Bloomberg
Justice Kennedy Gets Real About Racial Bias
An op-ed by Noah Feldman. In a powerful opinion that will become part of Justice Anthony Kennedy’s ever-growing liberal legacy, the U.S. Supreme Court held in a split opinion Monday that a jury’s verdict may be reopened if there is evidence of racial bias by the jurors. The decision confronted a legal contradiction between the interest in treating jury verdicts as a black box not to be opened and the imperative of racial justice -- and opted for the latter. The decision is unusually honest and direct about how race in America has historically tainted the fairness of the judicial system.
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LawNewz
Harvard Law Prof. Laurence Tribe Claims Trump Could Be Impeached Over Obama Wiretapping Tweet
Harvard Law Professor Laurence Tribe has made no secret of the fact that he is a very vocal critic of President Donald Trump. He has disagreed with many of Trump’s policies, argued that Trump has repeatedly violated the constitution during his first six weeks in office, claimed Trump is mentally unfit to remain office, and at least twice claimed there are grounds for impeachment of the 45th president. The latest impeachment call from Tribe came early Tuesday morning in response to comments he seemingly did not agree with on the Morning Joe show when the subject of whether Trump could be impeached for his recent tweets claiming the Obama administration attempted to wiretap and bug Trump’s offices.
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