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News@Law, 05/08/2017

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

The Washington Post
Trump loves his new desk in the Oval Office. But it also has its downsides.
...And he said he added some new furniture: Chairs across from the Resolute desk -- the seat of power for presidents including John F. Kennedy and Ronald Reagan -- where he asks his visitors to sit. "I changed the -- the way it works," Trump said, motioning toward chairs right in front of the famous desk. "I'll have people sitting here. Used to be they never had chairs that anybody can remember in front of the desk. But I've always done it this way where I'm at the desk and I have people here."...Meanwhile, negotiations experts say that sitting across a table or desk from an opponent doesn't usually send a signal of cooperation. "It's fair to say that if you deliberately have people sitting across the table from you, you’re conveying less of a collaborative approach and more of a hierarchical or adversarial approach," says Guhan Subramanian, a professor at Harvard Law School and Harvard Business School.
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The Wall Street Journal
A ‘Delaware Trap’ for Companies
In a new study, Dr. Anderson examines why so many companies land in what he dubs “the Delaware Trap.”...Dr. Anderson’s research doesn’t take into account various factors that prior research has shown to influence incorporation decisions, such as the antitakeover statutes of a business’s state of headquarters, says Lucian Bebchuk, the James Barr professor of law, economics and finance at Harvard Law School and the director of its program on corporate governance. A study by Dr. Bebchuk and Alma Cohen, a professor of empirical practice at Harvard Law School, found that companies are more likely to incorporate in Delaware rather than their state of headquarters when they have more employees or sales, when they’re based in the Northeast or South or when their state of headquarters has fewer antitakeover statutes.
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The New York Times
Navy SEAL Killed in Somalia in First U.S. Combat Death There Since 1993
A member of the Navy SEALs was killed and two other American service members were wounded in a raid in Somalia on Friday, the first American combat fatality there since the 1993 “Black Hawk Down” battle...As a result, the military is reviewing all its potential targets, examining updated intelligence reports on flows of displaced civilians, and confirming with aid organizations where they are operating in Somalia, as first reported by The Intercept last week...“D.O.D. has more cover to act aggressively when the president has a reputation for restraint and less cover when the president has a reputation for aggressiveness, because everything D.O.D. does will be judged through that lens,” said Jack Goldsmith, referring to the Department of Defense. Mr. Goldsmith is a Harvard law professor who dealt with counterterrorism legal policy as a senior Bush administration official.
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Financial Times
Wall Street’s hopes for deregulation switch from laws to watchdogs
President Trump’s promised bonfire of Obama-era banking legislation is unlikely to happen, according to an emerging consensus among Wall Street bankers, lawmakers and regulators. Instead, bankers are switching their deregulation hopes to a changing of the guard of US bank supervisors, who have considerable scope to loosen the shackles on banks within the bounds of existing law...Hal Scott of Harvard Law School, who was earlier in the running to be the Fed’s new regulatory chief, said that excessively cautious and secretive stress testing was the “binding constraint” on bank capital. “That’s untenable,” he said.
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Huffington Post
How To Combat Both Wasted Food And Wasted Opportunities In The Next Farm Bill
An article by Emily Broad Leib. Ready your tractors and plows—the farm bill is upon us. This omnibus package of legislation, reauthorized every 5 to 7 years, shapes virtually every aspect of our food and agricultural system. Yet this wide-ranging, $500 billion piece of legislation, which aims to ensure a safe and sufficient food supply for our nation, fails to take steps to guarantee that the food we produce actually makes it to our plates. Congressional agriculture committees recently commenced hearings to begin preparation for the 2018 Farm Bill, which makes this the perfect time to discuss how the next farm bill can invest in solutions to reduce the nearly 40% of food that goes to waste in the U.S.
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Bloomberg
How Trump Could Bring Peace to the Middle East
An op-ed by Noah Feldman. When it comes to Middle East policy, usually all roads don’t lead to Rome. But President Donald Trump has good reason to visit the pope on the same circuit as his peace mission to Israel and Saudi Arabia. Trump’s plan, which has a small but not trivial chance of success, depends on creating a grand anti-Iran alliance running through Jerusalem and Riyadh. To put it bluntly, it doesn’t involve too many countries or people that the rest of the world likes. If he can get Pope Francis to bless the idea, even obliquely, that would add a moral dimension to the brutal business of dealmaking that is to come.
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Bloomberg
A Boost for the Poor Makes Everyone Richer
An op-ed by Cass Sunstein. If a nation wants to increase productivity, it is natural to focus on promoting innovation, improving education and decreasing regulation. But a positive step, potentially supported by Republicans and Democrats alike, could come from an unlikely place: increasing both the availability and the size of the earned-income tax credit. True, the EITC is not normally thought to promote productivity at all. Most people see it as an antipoverty measure, designed to help the working poor. Its goal is to redistribute wealth, not to increase it. But that’s much too simple.
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The National Law Journal
It’s Time to Heed the Call of Rural America
An op-ed by Amanda Kool. Post-election, everyone is talking about rural America. But what are we doing about rural America? Since President Donald Trump took office, lawyers have been at the forefront of a crusade in support of democracy. Our law students at Harvard and UC Davis tell stories about classmates who dropped everything to assist immigrants at airports across the country. Nonlawyers, too, have taken up the causes of justice and civic engagement, participating in study sessions on the Constitution and gathering record crowds at town hall meetings. With lawyers in the spotlight, mobilized to help those in need, we must remember that Trump's win was a call for help. Rural folks are telling us they are hurting and they are angry.
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Bloomberg
A Trump Executive Order to Shrug At
An op-ed by Noah Feldman. President Donald Trump’s executive order on religious liberty is a significant win for liberals -- not for what it says, but for what it doesn’t say. For months, evangelical conservatives have anticipated and liberals have feared an order that would have invited anti-gay discrimination under the rubric of religious freedom. A document purporting to be a draft order to that effect began circulating shortly after Trump’s inauguration. Yet the order issued Thursday is silent on gay marriage or gay rights. It includes just three brief substantive sections, none of which is of great practical or symbolic significance. The underlying message of the executive order is that the Trump administration is tired of issuing symbolic orders and then having them frozen in court. This order is constitutionally kosher -- in part because it does so little.
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WalletHub
Business Credit Cards for New Businesses
An interview with Roger Bertling..."Ideally, one that is in the name of the business and not in the owner’s name (e.g., in the corporate name rather than in the owner). That may be difficult as many credit card companies will want the business owner to either be the primary person or co-signor on any business credit card. Things to look for: a high credit limit (if the card is to be used for a lot of charges or some very large charges); a low interest rate (if it’s not going to be paid off every month)."
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Forbes
How To Win The Conflict Within
Are the most important negotiations the ones you have with yourself? There will always be days where we don’t feel centered. Maybe it’s a tough deadline, raised expectations, or a personal conflict, but it can trigger a fight-or-flight response. In those moments, we are forced to make decisions that don’t always sit well with us in the long term. Is there a way to negotiate from within, and come out a winner? Erica Ariel Fox is on the faculty at Harvard Law School, she's a New York Times best-selling author, and the founding partner of Mobius Executive Leadership. Her latest book is Winning from Within: A Breakthrough Method for Leading, Living, and Lasting Change. I recently interviewed Erica for the LEADx podcast to learn more about how to win in your inner struggle.
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