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News@Law, 09/06/2017

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
Prominent Republicans Urge Supreme Court to End Gerrymandering
Breaking ranks with many of their fellow Republicans, a group of prominent politicians filed briefs on Tuesday urging the Supreme Court to rule that extreme political gerrymandering — the drawing of voting districts to give lopsided advantages to the party in power — violates the Constitution...Charles Fried, a Harvard law professor who served as United States solicitor general under President Ronald Reagan, and who is among the lawyers representing Republican politicians urging the Supreme Court to reject extreme political gerrymanders, said it was important to take the long view and to act on principle. “It’s not a partisan issue,” he said. “We are working for our republic, and not for Republicans.”
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The Harvard Crimson
Law School Unveils Slavery Monument, Reflects on History
Harvard Law School unveiled a memorial dedicated to slaves owned by the Royall family, whose donations helped endow the institution, at an event Tuesday evening. The plaque, which sits on a rock in the plaza between Langdell Hall and the Caspersen Student Center, reads, “In honor of the enslaved whose labor created wealth that made possible the founding of Harvard Law School. May we pursue the highest ideals of law and justice in their memory.” University President Drew G. Faust, newly appointed Dean of the Law School John F. Manning, and Law School professors Annette Gordon-Reed and Janet E. Halley each spoke at the dedication...Adrian D. Perkins, a member of the school’s student government, said seeing the monument gave him “profound happiness” as a student leader and African American student. He said the student government is planning a number of ways to address racial concerns on campus this year.
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Mic
We asked constitutional scholars if DACA is legal. They’re split.
...When asked by Mic, constitutional law scholars were split on whether DACA is legal — though a large number wrote Trump recently to argue for the program’s constitutionality...Laurence Tribe, a leading constitutional scholar who has been an outspoken Trump critic, said Trump’s disdain for DACA did not square with his travel ban action, a critique echoed by the legal scholars Mic interviewed across the board. “Trump argues for the religiously discriminatory travel ban by relying on sweeping presidential power to regulate immigration and then turns around and argues that clearly reasonable protection of involuntary child immigrants is beyond the power of the president.”
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The Week
DACA appears to still be legal according to the Justice Department’s top lawyers
In announcing the Trump administration's phase-out of the Deferred Action for Childhood Arrivals (DACA) program Tuesday, Attorney General Jeff Sessions called DACA "an unconstitutional exercise of authority by the executive branch" under former President Barack Obama and argued that President Trump was pushed to review the program by "imminent litigation" from 10 state attorneys general...As Harvard law professor Jack Goldsmith points out, the 2014 OLC opinion declaring DACA "a permissible exercise" of executive "discretion to enforce the immigration laws" is still up on the OLC website, "implying that it's still valid for the executive branch." If the office has written a new opinion on DACA, it hasn't posted it to the website yet. "Did Sessions consult OLC on this? If so, did OLC revise its views and/or withdraw the 2014 opinion?" Goldsmith asked on Twitter, adding, "If Sessions didn't consult OLC, what's the status of 2014 opinion? Will it be withdrawn?"
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The Harvard Crimson
Faust Denounces ‘Cruel’ DACA Decision
President Donald Trump ended an Obama-era program that protects undocumented youth Tuesday, drawing the swift condemnation of several Harvard administrators...If a student’s DACA status expires—and they are no longer legally permitted to remain in the country—deportation won’t happen immediately, according to Jason Corral, the designated attorney for undocumented students in the law clinic. Students would first have to be placed in formal removal proceedings before facing deportation...Some immigration rights advocates have raised concerns that by handing over personal details to receive DACA status, DACA recipients have unwittingly given the federal government the information it needs to go after them once the program is terminated. “I think it is reasonable to be concerned about that,” Law School professor Gerald L. Neuman said. “I think there are legal arguments about whether that can be done or not, and there may be lawsuits about whether the government can do this if it tries.”
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Wired
How Seoul is Reinventing Itself as a Techno-Utopia
An op-ed by Susan Crawford. I arrived in Seoul, South Korea at the same time that President Trump was warning North Korea—just 35 miles away—that it may “face fire and fury like the world has never seen.” It gives a special flavor to a research trip to look around and ask yourself, “Are these the people with whom I’m going to be incinerated?” I wasn’t researching nuclear policy, though, but rather something that will be of vital importance if the peninsula doesn’t turn to ash: data. The Mayor of Seoul is taking steps that may be important to the development of more genuine democracy in South Korea.
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Compliance Week
Robert Jackson, architect of political spending petition, nominated to SEC
President Trump has nominated Robert Jackson to be a member of the Securities and Exchange Commission for the remainder of a five-year term expiring June 5, 2019. Jackson is a professor at Columbia Law School and director of its program on corporate law and policy...In a recent research paper, “Shining Light on Corporate Political Spending,” Harvard Professor Lucian Bebchuk and Jackson outlined some of what they expect the SEC will have to address as it proceeds with rulemaking. First, it will need to determine the types of political spending covered by a rule and which public companies will be subject to it. Should smaller companies be exempted from the rules, for example, or is a scaled disclosure requirement warranted?
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Bloomberg
SoftBank-Backed Improbable Seeks Deals With Top Game Publishers
Improbable Worlds Ltd., backed by SoftBank Group Corp.’s Vision Fund, said it’s in talks for major game publishers to adopt its virtual world simulation software...Some of the games using SpatialOS aim to offer more than entertainment. Berlin-based Klang Games has teamed up with Harvard Law School professor Lawrence Lessig to create Seed, an MMO title billed as an experiment in governance. In the game, players collaborate in colonizing a planet, balancing economic needs and environment sustainability.
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