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News@Law, 03/13/2017

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

The Daily Beast
The Man Who Should Have Stopped Flynn Mess
An op-ed by Jack Goldsmith. Former National Security Advisor Michael Flynn’s possibly criminal failure to register last year as a foreign agent is but the latest of many White House ethics lapses in the first seven weeks of the Trump presidency. Responsibility for this problem—like so many others in the young Trump presidency—lies at the feet of White House Counsel Donald McGahn.
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The Christian Science Monitor
Bring a regime to justice? In Seoul, rights groups play long game on N. Korea.
As the Malaysian police seek further evidence to back their suspicions that the North Korean government was behind last month’s assassination of Kim Jong-nam in Kuala Lumpur, international investigators are gathering testimony to put top North Korean leaders on trial for a much broader range of heinous crimes. The UN special rapporteur on human rights in North Korea on Monday called on the world to bring members of the dictatorial regime to justice at the International Criminal Court for crimes against humanity...And history can take sudden twists, points out Alex Whiting, a professor of international criminal law at Harvard Law School. At one time, he recalls, few expected anyone ever to face justice for crimes committed in Cambodia or the former Yugoslavia. International tribunals have since tried and sentenced perpetrators of crimes against humanity and war crimes during those conflicts.
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Vice
See you in court
Within days of President Donald Trump’s first executive order halting travel to the United States from seven majority-Muslim countries, states and organizations filed a flurry of lawsuits to fight the ban. And though Trump issued a revised ban Monday, many of those states and organizations believe the policies are so similar that they don’t even need to file new lawsuits...If U.S. District Judge James Robart agrees, the travel ban will be be stopped before it can go into effect on March 16. One of the biggest questions Robart faces, Harvard Law School professor Gerald L. Neuman said, is whether to consider the ban on its own — or consider that a court already found a similar policy to be likely unconstitutional.
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BBC
Why the biggest challenge facing AI is an ethical one
Artificial intelligence is everywhere and it’s here to stay. Most aspects of our lives are now touched by artificial intelligence in one way or another, from deciding what books or flights to buy online to whether our job applications are successful, whether we receive a bank loan, and even what treatment we receive for cancer...For Jonathan Zittrain, a professor of internet law at Harvard Law School, there is a danger that the increasing complexity of computer systems might prevent them from getting the scrutiny they need. “I'm concerned about the reduction of human autonomy as our systems — aided by technology — become more complex and tightly coupled,” he says.
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The Intercept
Why won’t Trump declassify evidence of Obama’s wiretap? Sean Spicer’s response makes no sense
...Notably, Spicer did not take Liasson’s invitation to claim a potentially legitimate reason not to declassify wiretap evidence: that Trump did not want to appear to interfere with an ongoing investigation. Of course, if Spicer had agreed, it would have brought up innumerable other issues. For instance, if there is an ongoing investigation involving Trump wiretaps, that would be so politically explosive the Justice Department would have little choice but to appoint a special prosecutor...Lawrence Tribe, a famed professor of constitutional law at Harvard Law School, Justice Department official during the Obama administration, and now vociferous Trump critic, goes further. “What Sean Spicer said about the separation of powers made no sense at all,” Tribe believes. “The separation of powers provides no justification for saying that Congress rather than the president should investigate” Trump’s assertions.
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Pittsburgh Post Gazette
In EDMC sale, ties to for-profit education to face scrutiny
Last year, an “extremely enthusiastic” charitable nonprofit foundation based in India approached Education Management Corp. with an offer. Hoping to break into the United States, the Ritnand Balved Education Foundation wanted to buy the Pittsburgh for-profit education provider’s two largest art institutes — the New England Institute of Art, in Brookline, Mass., and the Art Institute of New York City — and keep them open as nonprofit institutions, according to letters and emails exchanged between EDMC and Massachusetts education officials...EDMC’s programs “burden graduates with unmanageable student loan debt — programs that will be subject to even less federal oversight once they have been sold to a nonprofit,” said Toby Merrill, an attorney and director of the Project on Predatory Student Lending.
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Bloomberg
South Korea Does Impeachment Right
An op-ed by Noah Feldman. South Korea’s president Park Geun-hye was officially removed from office Friday after the constitutional court affirmed her impeachment by the national assembly. It’s a remarkable outcome for a relatively new democracy, and the scandal holds some important lessons for how impeachment can take place in a political culture deeply dominated by partisanship. Park’s removal depended on three key elements: peaceful, sustained popular protests; a corruption scandal so egregious that even politicians from Park’s party were forced to admit it merited impeachment; and an orderly constitutional process for removal that was followed to the letter.
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Bloomberg
Only Congress Can Stop California’s Emissions Rules
An op-ed by Noah Feldman. The Trump administration is considering a new assault on American legal and constitutional structures by taking on federalism -- and vehicle emissions. Specifically, the Environmental Protection Agency reportedly will try to revoke a waiver that California has enjoyed for 45 years, which allows the state -- and any state that wants to copy it -- to regulate tailpipe emissions more stringently than the federal government does.
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USA Today
Across the aisle, uproar over Preet Bharara’s firing
Condemnation over President Trump's decision to fire U.S. Attorney Preet Bharara came fast and furious on Saturday, from both sides of the aisle. Bharara refused the administration's request to resign along with 45 other U.S. attorneys across the nation and was summarily fired, sending shockwaves across New York, where the prosecutor was known to crusade against corruption in state and local governments...Bahara "is a hero. His firing was no ordinary turnover," tweeted Harvard constitutional scholar Laurence Tribe. "It was a cowardly about-face by #conmantrump fearing Bharara's investigations."
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Bloomberg
Bharara Should Have Resigned — Or Explained Why He Didn’t
An op-ed by Noah Feldman. When the boss asks you to resign, should you say yes or make him fire you? In the executive branch of the federal government, there’s a strong tradition of stepping down, especially if you’re a political appointee of the other party. Yet Preet Bharara, the U.S. Attorney for the Southern District of New York, made President Donald Trump fire him, as did Sally Yates, the acting attorney general who refused to defend Trump’s original executive order on immigration back in January.
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Juvenile Justice Information Exchange
Teen Behind Landmark Juvenile Decision Back Before Judge to Be Resentenced
Hundreds of others have received new sentences since the Supreme Court struck down mandatory life-without-parole terms for juveniles. Now, the man whose name is on that decision gets his chance...In addition to recounting his youth and a long history of abuse, neglect and depression, attorneys from the Equal Justice Initiative — which took Miller’s case to the Supreme Court — are expected to bring evidence about the science of brain development, which underpinned the justices’ ruling. Scientists now believe the parts of the adolescent brain that control emotional, risk-taking behavior aren’t fully developed until after the teenage years. “The result of this developmental process means that adolescents will not think like or process like adults will until probably their mid-20s,” said Robert Kinscherff, a forensic scientist and attorney at the Project on Law and Applied Neuroscience — a joint venture of Harvard Law School and Massachusetts General Hospital.
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