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News@Law, 04/27/2017

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

The Boston Globe
Trump is instinctive, but not like Reagan was
An op-ed by Cass Sunstein. Well before Donald Trump, we had plenty of presidents who operated by instinct. Harry Truman, Lyndon Johnson, Ronald Reagan, and George W. Bush all prided themselves on their ability to size up people and situations — and to do so accurately and quickly. Social scientists like to distinguish between two ways of thinking: fast and slow. In their terminology, System 1 is intuitive, rapid, and emotional. By contrast, System 2 is deliberative, reflective, and intent on calculation. System 1 operates effortlessly; System 2 works hard...On the basis of his first months, it seems clear that we have never had a System 1 president like Donald Trump — which accounts for his head-spinning combination of bold moves, big ideas, warm embraces, unseemly score-keeping, bizarre rages, and sudden reversals.
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PBS
Should We Study Human Embryos Beyond 14 Days?
...The 14-day rule is an ethical line past which cultured human embryos are not to continue developing outside the body. It is protected by law in 12 countries, including the United Kingdom, and acts as a guideline in five, including the United States....Some critics view calls to re-evaluate the 14-day rule as a pernicious moving of the goalposts. How meaningful can they be, the line of reasoning goes, if scientists want to change rules as soon as they bump up against them? “There were disagreements about the rationale and validity of the 14-day rule before this point, but no one in the research community really pushed the issue because it was not particularly important,” says Glenn Cohen, a Harvard bioethicist. “There is nothing wrong with pragmatic necessity driving us to start a re-examination process.”
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The Washington Post
Ivanka Trump’s new fund raises all sorts of ethical questions
It was bad enough when Hillary Clinton as secretary of state agreed to have meetings with people who had given to her foundation. Now, according to news reports, Ivanka Trump, while a federal employee, is soliciting donations for a new fund from foreigners. This comes on top of instances in which she sat with heads of state (from Japan and China) at a time that her business was doing deals in their countries...If true, this is egregious and potentially illegal, according to multiple ethics and legal experts. “If the donation would be a quid pro quo bribe, then asking for it is certainly solicitation of a bribe, which is every bit as criminal as the bribe itself,” Harvard Law professor Laurence Tribe tells me via email.
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Bloomberg
Trump’s Eagerness for a Win Hurts Him in Court
An op-ed by Noah Feldman. A federal district court in California ruled Tuesday that President Donald Trump’s executive order on sanctuary cities would be unconstitutional if used to pull funding from municipalities that don’t do the president’s bidding in reporting undocumented people to the federal government. This result is heartening but not surprising: I predicted the result on constitutional grounds back in November, two months before the order was even issued. What’s noteworthy is how desperate the Trump Department of Justice was to avoid a defeat -- so desperate, in fact, that its lawyers told the judge that the executive order actually had no legal effect at all.
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CQ News
GOP Lawmakers at Odds With Trump Messaging on Democracy Issues
President Donald Trump and Republican foreign policy veterans in Congress are increasingly at odds over the U.S. response to a budding authoritarian movement in several NATO nations, confusing allies in the region and potentially undermining diplomatic efforts there. The contradictory signals coming from the White House, senior administration officials and U.S. lawmakers is creating confusion abroad about what U.S. policy is on issues like democracy and good governance, analysts and former and current State Department officials told CQ. “The lack of coherence of Trump policy in a lot of places in the world, what it’s doing is giving leaders in other countries plausible deniability,” said Kim Lane Scheppele, a Princeton University professor of international affairs.
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