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News@Law, 03/27/2017

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

Hartford Courant
Legal Test Of School’s Responsibility In $41.5 Million Hotchkiss Case
An op-ed by John Goldberg and Benjamin Zipursky. On Monday, the Connecticut Supreme Court will hear oral argument in Munn v. Hotchkiss, a tragic personal injury case. The court will be sorely tempted to make bad law in Munn. It must resist that temptation. Cara Munn, 15, was bitten by a tick while hiking on a mountain in China during a summer trip organized by The Hotchkiss School, her private school. The tick transmitted encephalitis, which has left her permanently unable to speak. Cara and her parents sued Hotchkiss in a federal court, arguing that the school was negligent for failing to warn them that the trip might bring her into contact with disease-bearing insects and for failing to take steps to ensure that she used insect repellant, wore proper clothes while walking in forested areas and checked herself for ticks.
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Moyers & Company
Federalism, Explained
...Federalism is part of our government’s design — a vertical sharing of power between the national and state governments. Our Constitution outlines a separation of powers between the federal government’s three branches. The 10th Amendment holds onto the remaining balance of power for the states, which is often referred to as states’ rights. With the national government now in a Republican grip and President Trump rolling out executive orders, a conversation has begun about what a progressive federalism makeover might look like. Federalism — a vertical, ambiguous division of power — doesn’t have a particular political valence, says Kenneth Mack, a legal historian at Harvard Law School.
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Bloomberg
The Best Option for Democrats on Gorsuch
An op-ed by Cass Sunstein. Charles Schumer, the leader of the Senate minority, has said that he will ask Democrats to filibuster the nomination of Judge Neil Gorsuch. In response to that request, the Senate Democrats have four options. Each of them has considerable appeal, but each also runs into significant objections.
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Huffington Post Canada
Anti-Islamophobia Motion Shows World What Canadians Stand For
An op-ed by Richad Hirani `19. The world is watching, Canada. Given global circumstances, Canada has been uniquely placed to capture the world's attention and admiration. While Sweden, France, the United Kingdom, Germany and the United States grapple with a political climate that has become more hostile to Islam, Canada has had the opportunity to affirm itself as a beacon of inclusivity and diversity. Canada has been positioned to send a symbolic message not only to its global allies, but more importantly, to the thousands of Muslim-Canadian families at home.
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Bloomberg
Filibustering Gorsuch Is Still a Bad Idea
An op-ed by Noah Feldman. Senate Minority Leader Charles Schumer’s suggestion that Democrats will filibuster Judge Neil Gorsuch’s nomination to the Supreme Court might make sense as payback for the Republicans’ block on Judge Merrick Garland -- if the Democrats thought they could lockout any Trump nominee until 2020. If not, however, this seems like a bad moment to bring out the filibuster and subject it to the risk that the Republicans will use the so-called nuclear option to eliminate it for this and future Supreme Court fights.
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Bloomberg
Trump’s Hotel in the Swamp
With all eyes focused on the Republican struggle to replace Obamacare on Thursday, a federal agency (overseen by President Donald Trump) told the Trump Organization (overseen by President Donald Trump) that a Washington hotel (owned by President Donald Trump) could continue leasing the land it sits on from the federal government...But Laurence Tribe, a Harvard Law School professor, described the GSA’s ruling in a Bloomberg News interview as “bizarre.” “It’s not hard to conclude that GSA is disinclined to displease the president of the United States,” Tribe added.
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The Guardian
Will the air travel laptop ban stop terrorists?
f you travel by air from certain countries – which happen to be Muslim-majority – to the US or UK, you will no longer be allowed to take your laptop or tablet in your hand baggage. You will probably have lots of questions, such as: why has the US banned them from flights operated by airlines based in those countries, but not on US carriers?...“It makes so little sense,” says Bruce Schneier, a security expert and author of Beyond Fear: Thinking Sensibly About Security in an Uncertain World.
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