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News@Law, 04/28/2017

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

Bloomberg
Hal Scott on the Rekindling of Trust in Wall Street (video)
Capital Markets Regulation President Hal Scott discusses U.S. trust for Wall Street and government regulatory positions that need to be filled. He speaks with Tom Keene on "Bloomberg Surveillance."
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Project Syndicate
Has France Really Rejected Populism?
An op-ed by Mark Roe. The liberal West heaved a collective sigh of relief when the results of the first round of the French presidential election came in. After leading in the polls for weeks, Marine Le Pen of the far-right National Front ended up in second place, while Emmanuel Macron, a centrist political independent, finished first. Macron, the fresh face of Europe’s democratic center at just 39 years old, is expected to prevail handily in the second-round runoff on May 7. With Macron’s victory in France following Dutch voters’ rejection of the right-wing populist Geert Wilders earlier this year, most observers are treating the result as another rebuke to the populist revolt that fueled the United Kingdom’s Brexit referendum and US President Donald Trump’s election in 2016. Many seem convinced that the populist tide has crested.
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The Guardian
Challenge everything you think – democracy depends on it
An op-ed by Cass Sunstein. In 1995, Nicholas Negroponte, an MIT technology specialist, celebrated the emergence of “the Daily Me” – a digital news service tailored to each reader’s specific interests. With the Daily Me, he suggested, you would no longer rely on newspapers and magazines to curate what you saw, and you could bypass the television networks. Instead, you could design a communications package just for you, with topics and perspectives chosen in advance...But let’s hold the celebration. The Daily Me is an enemy of democracy. Representative government depends on shared experiences, common knowledge and a host of unanticipated, unchosen encounters. All too often, information cocoons become echo chambers, which make mutual understanding impossible and which promote dogmatism, polarisation and the fragmentation of society.
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Governing
New P3s May Finally Bridge the Digital Divide
...Google Fiber, which is now officially called Alphabet Access, has since expanded across the state line to Kansas City, Mo. It has also added another eight cities and plans to build networks in two more. But last year, the company put all other expansion plans on hold. It hired a new CEO and laid off hundreds of workers, leading some watchers to speculate that Google might be getting out of the fiber business altogether...“People got all excited about Google Fiber, which was very useful, because it opened people’s eyes to the country’s need for world-class, cheap data. But Google Fiber was never going to reach every city in America, because it’s not in their company’s interest to build basic infrastructure,” says Susan Crawford, a Harvard University law professor who specializes in Internet and communications law.
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my Statesman
Commentary: House’s approval of Senate Bill 4 is step back for Texas
An op-ed by Samuel Garcia '19...Senate Bill 4, the bill to eliminate sanctuary cities in Texas, was passed through the Texas House despite vehement opposition — and that means a lot of horrible changes are soon to come to the lives of undocumented immigrants in Texas. SB4, like many immigration-reform bills, was passed off as a way of “securing our border.” I believe it actually stands to make border towns and Texas as a whole inherently more dangerous. This is because local officers may now inquire into the immigration status of any victim or witness that they interview as long as it is “necessary to investigate the offense” — which could arguably be the case in basically every offense they investigate.
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Bloomberg
National Monuments Are Safe From Presidential Whims
An op-ed by Noah Feldman. The next fight over the legality of President Donald Trump’s executive orders will be about the designation of national monuments. Trump’s order to review all major monument declarations in the last 20 years sets the stage for reversal of some or all of President Barack Obama’s designations. Previous presidents have treated those decisions as irreversible. But Trump seems poised to break that tradition by claiming the implicit power to reverse anything a prior president has done.
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Bloomberg
The Risks of Businesses Learning How Consumers Think
An op-ed by Cass Sunstein. In recent decades, psychologists and economists have produced a flood of new findings about how human beings think and act. Those findings offer compelling lessons about how to change people’s behavior. Governments have taken notice -- and so has the private sector. There are terrific opportunities here, but also real risks.
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ALM
Law Schools Pulling Out the Stops to Celebrate Anniversaries
Your law school is about to hit a major milestone, but how to celebrate?...Harvard Law School is also ramping up for its 200th anniversary, which it's celebrating throughout the coming academic year. The festivities kick off in September with a two-day arts celebration featuring performances, exhibitions and talks by law alumni and students in the arts. The following month is a two-day "intellectual summit" bringing back prominent alumni and thinkers to address a host of legal issues. For now, Harvard is staying mum on whether a certain high-profile alum who recently vacated the Oval Office, as well as his extremely popular alumna wife, will be in attendance. And in April, the school is hosting "HLS In The Community," which will highlight its public interest, pro bono and community contributions.
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The American Prospect
Merge, Bail, and Make Out Like a Bandit
Corporate America prides itself on rewarding success and punishing failure. Yahoo CEO Marissa Mayer does not fit comfortably into that narrative...But when Yahoo’s sale to Verizon becomes official in June, with the restructured company renamed Oath, Mayer will walk away with $186 million, according to a regulatory filing released this week. That includes shares of Yahoo stock Mayer owned, stock options, and a $23 million “golden parachute” of cash, restricted stock units, and medical benefits. Mayer did relinquish $14 million while taking responsibility for the Yahoo Mail data breach, but she’ll get 13 times that amount just to no longer remain part of the company...The new compensation standards naturally served to weaken resistance to hostile takeovers, as bundles of cash took the sting out of the loss of employment and prestige. Indeed, a 2012 study from Alma Cohen, Charles Wang, and Lucian Bebchuk confirms that companies offering golden parachutes are more likely to be acquired in a merger.
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The Huffington Post
Conquer Difficult Conversations and Face Your Feedback, Featuring Sheila Heen (audio)
The Truth or Dare Podcast invites leading experts to share from their life’s best work in order to help listeners boost their social health. Today’s featured guest is Sheila Heen. Sheila teaches negotiation at Harvard Law School, where she’s been part of the Harvard Negotiation Project for 2 decades. In addition to being the co-author of Difficult Conversations and Thanks for the Feedback, Sheila also serves as CEO of Triad Consulting.
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Take Care
The Federal Statute on Sanctuary Cities Doesn’t Say What the Trump Administration Thinks It Says
An op-ed by fellow Nikolas Bowie. Ask any member of the Trump administration what’s so bad about sanctuary cities, and he’ll likely respond with the same answer: They’re violating a federal law, 8 U.S.C. § 1373(a), which requires cities to jail people suspected of entering the country illegally. For example, right before Sean Spicer recently said that San Francisco and cities like it “have the blood of dead Americans on their hands,” he cited § 1373(a) by name and implied that sanctuary cities violate that statute when they “block their jails from turning over criminal aliens to Federal authorities for deportation.”...But § 1373(a) doesn’t say what Spicer or Sessions thinks it says. In fact, it says nothing about the administration’s chief complaint with sanctuary cities.
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