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News@Law, 09/07/2017

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
A special prosecutor should challenge Joe Arpaio’s special pardon
An op-ed by Andrew Manuel Crespo. We talk a lot in the Trump era about novel constitutional problems, and a lot about special prosecutors. But in the wake of President Trump’s controversial pardon of former Arizona Sheriff Joseph Arpaio, it’s important to talk about both at once, and to ask: Should the US District Court in Phoenix, which found Arpaio guilty of criminal contempt, now appoint a special prosecutor to defend that conviction, in the face of a pardon that might well be unconstitutional?
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Bloomberg
The First Amendment Protects the Dreamers, Too
An op-ed by Noah Feldman. President Donald Trump’s Department of Justice claims it has the authority to use information submitted by Dreamers who applied for the Deferred Action for Childhood Arrivals program to deport them now. It’s obviously wrong for the government to lure people in by the promise of freedom, then use what they have said against them. It may also be unconstitutional, a violation of due process that shocks the conscience and a violation of the Dreamers’ free-speech rights when they registered for DACA in the first place.
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Harvard Magazine
“To Be True to Our Complicated History”
Midway through the list of names was when the crowd fell fully silent. Some 300 people, suddenly pinned in place, stood motionless in a half-circle around the outdoor podium where Janet Halley, Royall professor of law, was reading out the names of slaves who’d once belonged to Isaac Royall Jr., the eighteenth-century sugar-plantation owner whose fortune endowed Halley’s professorship and helped establish Harvard Law School...Inside Wasserstein Hall earlier in the evening, listeners had heard some of that complicated history from Warren visiting professor of American legal history Daniel Coquillette. The author of On the Battlefield of Merit: Harvard Law School, the First Century, he spoke not only about Royall, a brutal slave owner whose plantation in Antigua was notorious (he kept a 500-acre farm in Medford, too), but also about the school’s connections to the Fugitive Slave Act of 1793—which most faculty members at the time strongly supported, Coquillette sai...After Coquillette’s remarks—and a panel discussion that followed, with Halley, Warren professor of American legal history Annette Gordon-Reed, Klein professor of law Randall Kennedy, and Schipper professor of law Bruce Mann—audience members filed out into the courtyard to see the new memorial revealed.
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The Atlantic
The Uncomfortable Truth About Campus Rape Policy
...There is no doubt that until recently, many women’s claims of sexual assault were reflexively and widely disregarded—or that many still are in some quarters...Action to redress that problem was—and is—fully warranted. But many of the remedies that have been pushed on campus in recent years are unjust to men, infantilize women, and ultimately undermine the legitimacy of the fight against sexual violence...As Jeannie Suk Gersen and her husband and Harvard Law School colleague, Jacob Gersen, wrote last year in a California Law Review article, “The Sex Bureaucracy,” the “conduct classified as illegal” on college campuses “has grown substantially, and indeed, it plausibly covers almost all sex students are having today.”...In a 2015 article for the Harvard Law Review, Janet Halley, a Harvard law professor, describes a case at an Oregon college in which a male student was investigated and told to stay away from a female student, resulting in the loss of his campus job and a move from his dorm.
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WBUR
At Harvard, The End Of DACA Brings Pain To The Surface
...Harvard President Drew Faust has prominently defended the DACA program, and called the order to rescind it "cruel." And after the election of Donald Trump, the university hired a full-time immigration attorney to handle the concerns — and possibly the cases — of students in the country illegally. That attorney, Jason Corral, attended this week's rally, and made a pledge: "What I'd like to do is to talk to every undocumented Harvard student and look to see if there's any underlying legal remedy that goes beyond DACA."
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The National Law Journal
Gig Companies Wary of Any Potential Policy Changes to Labor Structure
Michael Beckerman, president and chief executive of the Internet Association, told the House Education and the Workforce Committee it would be problematic to enact legislation that would ensure workers are labeled as employees, who are entitled to benefits, as opposed to independent contractors...Labor and employment laws do and should apply to this sector, Sharon Block, executive director of the Labor and Worklife Program at Harvard Law School, told the committee. Block said the application of current law should not stifle flexibility.
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AP/Washington Post
Harvard Law memorial honors slaves owned by school’s founder
Harvard Law School has installed a memorial honoring slaves who were owned by one of the school’s founders...Law dean John Manning said at Tuesday’s unveiling that “to be true to our complicated history, we must also shine a light on what we are not proud of.”
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Harvard Gazette
At Law School, honor for the enslaved
As part of Harvard University’s efforts to recognize its early ties to slavery, officials yesterday unveiled a memorial to honor the enslaved people whose work helped found Harvard Law School...Recognizing the legacy of slavery at the Law School is important for coming to terms with the past and for reminding future lawyers of their duty to make the legal system wiser and fairer, said John F. Manning, the School’s Morgan and Helen Chu Dean and professor of law...[Annette] Gordon-Reed, who has written extensively about slavery and who drafted the words on the plaque, said the memorial doesn’t contain names because it’s impossible to know the identities of all the Africans the Royalls enslaved in Antigua and Medford, whose work built much of the wealth used to found the Law School...In a touching moment during the ceremony, Janet Halley, the Royall Professor of Law, who has spoken openly about the connections between her chair and slavery, read aloud the names of those enslaved who were found listed in the Royalls’ records.
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NECN
Harvard University Hires Attorney to Deal With Immigration Issues
A plan to rescind protections for nearly a million undocumented immigrants who grew up in the United States has caused confusion and concern on college campuses, including in Massachusetts...The workload has been pretty frantic in the last couple of weeks," said Jason Corral of the Immigration and Refugee Clinic at Harvard University. Corral was hired by Harvard in response to the President's rhetoric on immigration during the campaign. In recent weeks, they have been preparing for Tuesday's announcement, anticipating that several students would be impacted. "People that are not US citizens are concerned," Corral said, "In addition to this being a slap in the face to DACA students, I think it's symbolic of the tone the administration has taken in general."
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