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News@Law, 09/01/2017

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

The New York Times
Deep Thinking on Affirmative Action
...This book presents a balanced defense of what the writer, the Harvard law professor Randall Kennedy, refers to as “positive discrimination.” Kennedy explores the history of race-related laws and asks why, despite preferential treatment in college admissions for people based on special categories like geography or legacy status, consideration on the basis of race has always been contentious. His focus is on higher education, where these discussions have historically taken place because of the scarcity of available seats and top universities’ role as “gateways to opportunity, socialization and certification” and “ training grounds for the power elite.”
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The Harvard Crimson
Law School Faculty Call for Title IX Sexual Assault Policy Changes
Four Harvard Law School faculty members are pushing for the Department of Education to revise Obama-era Title IX standards governing how universities respond to sexual harassment and assault on campus. In a memo submitted to the Department of Education last week, Law School professors Janet E. Halley, Elizabeth D. Bartholet ’62, and Jeannie Suk Gersen and lecturer Nancy Gertner called on the Education Department’s Office of Civil Rights to reevaluate the standards put forth in the 2011 Dear Colleague Letter.
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The American Prospect
The Way Forward for Labor Is Through the States
Each January, as the Bureau of Labor Statistics (BLS) releases its annual data on union membership rates, labor braces itself to see how steeply the chart dips. This past year, the share of unionized workers declined 0.4 percent, to just 10.7 percent of wage and salary workers overall and a bare 6.4 percent of private-sector workers. As has been the case for many years now, the annual release represents the lowest year on record for unions....And yet, as Harvard Law Professor Ben Sachs has pointed out, the Supreme Court has not employed the typical typologies of preemption at all when dealing with labor law. Rather, it has created a “preemption doctrine [that] is among the broadest and most robust in federal law.”
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President Trump, Joe Arpaio And The Power Of The Pardon (audio)
Earlier this week, President Trump took a question about the timing of his pardon of former Arizona Sheriff Joe Arpaio. Trump said, "In the middle of a hurricane, even though it was a Friday evening, I assumed the ratings would be far higher than they would be normally. You know the hurricane was just starting. And I put it out that I had pardoned, as we say, Sheriff Joe.” Hurricane or not, it was a deeply controversial pardon. We dissect the legal questions surrounding it. Guest: Nancy Gertner,
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