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News@Law, 03/20/2017

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

Bloomberg
Beyond Roe v. Wade: Here’s What Gorsuch Means for Abortion
Last year, on a presidential debate stage opposite Hillary Clinton, Donald Trump vowed, once president, to appoint “pro-life judges” to the Supreme Court. After enough of them, he said, the reversal of Roe v. Wade—the 44-year-old opinion that made abortion legal throughout the United States—would “happen automatically.”...“There’s a lot of reason to be concerned if you’re a big fan of women’s reproductive rights,” says Michael Klarman, a professor at Harvard Law School. “As soon as you overturned the trimester framework in Roe, you’re no longer in the realm of being bound by precedent.”
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The New York Times
A Tweet to Kurt Eichenwald, a Strobe and a Seizure. Now, an Arrest.
When the journalist Kurt Eichenwald opened an animated image sent to him on Twitter in December, the message “You deserve a seizure for your posts” appeared in capital letters along with a blinding strobe light. Mr. Eichenwald, who has epilepsy, immediately suffered a seizure...“This is an interesting and unique case in that there are lots of online attacks that can have physical consequences, such as an attack on an electrical grid or the control of air traffic control,” said Vivek Krishnamurthy, an assistant director at the Cyberlaw Clinic at Harvard Law School. “But this is distinguishable because it is a targeted physical attack that was personal, using a plain-Jane tool.”
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Quartz
Social media’s effect on democracy is “Alexander Hamilton’s nightmare”
Cass Sunstein wants you to get out of your bubble. In fact, the Harvard Law School professor says that democracy depends on it. “In a well-functioning democracy, people do not live in echo chamber or information cocoons,” Sunstein writes at the outset of his new book, #Republic: Divided Democracy in the Age of Social Media...Social media lacks the characteristics that make cities great, Sunstein says. A Twitter feed full of people who think the same things, “might seem liberating because all that clutter is gone, but you’re putting a jail sentence on yourself,” he says.
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The National Law Journal
The ‘Trump Bump’ for Law Schools Is (Kind of) a Thing
Is the Trump administration's early turmoil a gift to legal education? Pundits have speculated that Washington's recent turbulence will spur a surge in law school applicants, given the armies of lawyers—hailed by many as defenders of democracy—that assembled at airports around the country in the wake of President Donald Trump's so-called Muslim ban...Harvard Law School has seen a 5 percent increase in applications this year, said Jessica Soban, associate dean for strategic initiatives and admissions. But the school also saw a 5 percent rise in applications last year, before Trump took office, so it's hard to chalk the difference up to the man now in the Oval Office.
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US News
What’s Next for Trump’s Travel Ban?
The Trump administration filed notice Friday that it plans to appeal a preliminary injunction issued this week in Maryland, and it's widely expected to do the same in Hawaii. But no matter the outcome before the federal appeals courts, experts agree that the matter will ultimately be decided by the Supreme Court..."This is such new territory and such broad use of that power – it's likely [the court will side with the administration], but it's not a slam dunk," says Phil Torrey, a lecturer at Harvard Law School who specializes in criminal and immigration law.
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Bloomberg
Free Speech in Europe Isn’t What Americans Think
An op-ed by Noah Feldman. European employers have been told they may ban the hijab provided they ban other visible signs of political, philosophical or religious beliefs, a form of neutrality that wouldn’t wash in U.S. employment law. At the same time, Facebook Inc. and Twitter Inc. face 50 million euro fines for failing to regulate hate speech to the satisfaction of German authorities, another legal impossibility in the U.S. where the First Amendment protects even hate speech. The two cases show how deep the divergence is between liberal American ideas about freedom of speech and religion and European conceptions of equality.
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The Harvard Crimson
Three Years In, Junior Deferral Program Remains in ‘Pilot’ Stage
...In the fall of 2018, McIntyre plans to return to Cambridge with the second class of students admitted through the Harvard Law School’s Junior Deferral Program...Jessica L. Soban ’02, associate dean of admissions at the Law School, declined to provide admissions statistics for the program because, she said, it is still in a pilot stage. The first class of students accepted through this program will begin their studies at the Law School this fall. Soban said, however, that the school does not have a fixed number of spots available in any given JDP application cycle. “We have no preset notion going into any JDP cycle about how many students we will be admitting, so our goal is to get and admit and to find all of the talent that is available with no set number of applicants in mind,” Soban said. “Given that the number of applicants has fluctuated and the number of admits has fluctuated, the admit rate has also fluctuated in each of the three years.”
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The New York Times
How ‘Consumer Relief’ After Mortgage Crisis Can Enrich Big Banks
In every multibillion dollar settlement with a big bank that peddled faulty mortgage securities, a major provision has been a requirement that the bank provide “consumer relief.”...Eric D. Green, the monitor in the Goldman settlement, said the Wall Street bank had received $113 million in credit to fulfill its consumer benefit requirement. In a report issued in February, Mr. Green, a principal with Resolutions, which settles disputes, and a lecturer at Harvard Law School, said, “Goldman Sachs is off to a good start.” In an interview on Wednesday, he said that it was not surprising that Goldman “was more active” in buying mortgages since the settlement.
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Splice Today
Harvard’s Animal Law Fellow Explains USDA Blackout
Delcianna Winders is the Academic Fellow of the Harvard Animal Law & Policy Program. In addition, she’s co-plaintiff in a lawsuit seeking to reverse a recent decision by the Department of Agriculture to remove a host of animal-welfare records from its website. Winders spoke to Splice Today about what’s at stake in the legal battle, the USDA’s flimsy justification for its move, and her efforts to hold animal abusers accountable.
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