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News@Law, 09/08/2017

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

The Wall Street Journal
DeVos Pledges to Restore Due Process
...As four Harvard law professors— Jeannie Suk Gersen, Janet Halley, Elizabeth Bartholet and Nancy Gertnerargued in a recent article, a fair process requires “neutral decisionmakers who are independent of the school’s [federal regulatory] compliance interest, and independent decisionmakers providing a check on arbitrary and unlawful decisions.” The four had been among more than two dozen Harvard law professors to express concerns about the Obama administration’s—and Harvard’s—handling of Title IX.
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The Washington Post
Only Roger Goodell could turn Ezekiel Elliott into a sympathetic figure
It’s time for NFL owners to rethink the powers of the commissioner, for the sake of their own business reputations, which are being sullied...“It’s the worst of the major leagues by a wide margin,” said Carfagna, former general counsel at IMG and a distinguished lecturer in sports law at Case Western Reserve and Harvard University, and who owns the Cleveland Indians’ Class A affiliate.
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The Economist
The judicial philosophy of Richard Posner
In a profession marked by pomp and pretence, Richard Posner, who is retiring from the judiciary, is a renegade. For Dick, as he is known to his staff, the tradition of clerks addressing their bosses as “judge” exemplifies the judiciary’s stodginess and resistance to innovation...Laurence Tribe of Harvard Law School says Mr Posner has had a “uniquely broad influence” on the legal academy and on America’s courts.
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BuzzFeed
A New Court Ruling Could Limit Your Employer From Spying On You
In the US, when it comes to your employer watching you at work, the law is clear: it can, and it probably is. The company you work for has wide latitude to peek into your Slack chats, monitor which sites you visit, read your emails, and record your every keystroke. It’s all legal. But in Europe, a new court ruling may start to limit employers that engage in this type of surveillance...This is just the application of pre-digital legal doctrine to the digital age, said Vivek Krishnamurthy, assistant director of Harvard Law School’s Cyberlaw Clinic, who specializes in international internet governance. “There’s a long line of court cases that deal with employers intercepting employee communications” in order to know whether they needed to discipline that employee, said Krishnamurthy. “Courts almost always come out favoring the employer.”
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Inc.
How Gig Economy Businesses Can Create Good Jobs–or Destroy Them
The evolution of work is becoming a battle between flexibility and stability. The sharing economy offers people unprecedented opportunities to work when, where, and as much as they want. But it also threatens a future in which stable, well-paying jobs cede to temporary gigs with few protections. Lawmakers wonder: How do we stoke new-economy industries without burning up old-economy security?...Yes, flexibility is desirable. But it is no substitute for security, said Sharon Block, executive director of the Labor and Worklife Program at Harvard Law School. Most gig workers, of course, are classified as independent contractors and consequently not covered by laws related to minimum wage, workers' comp, overtime, and other employee benefits and protections. "Many workers in the online platform economy are low-wage workers. Drivers. Cleaners. Home-care workers," Block said. "They have little ability to shoulder the risks to their livelihoods and families that come with the loss of the basic social safety net."
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The Harvard Crimson
DeVos Title IX Review Sparks Concern From Activists
The Department of Education will review a series of Title IX guidelines that spurred Harvard and universities across the country to overhaul their response to sexual assault on campus, drawing concern from some anti-sexual assault activists at Harvard. During a speech at George Mason University Thursday, Secretary of Education Betsy DeVos said the department will reconsider the Obama-era policies after a public review process...Harvard Law professor Janet Halley—who is part of a group of Law School faculty who have repeatedly criticized Obama-era Title IX guidance—said she is pleased DeVos is seeking public input. Halley and three other Law School professors sent a memo to the Department of Education in August, urging the department to scale back its definition of sexual harassment. “She’s going to go for public comment, which the previous administration never did on this issue. That’s more democratic and I think that’s a good thing,” Halley said, although she later added, “I am by no means declaring an alliance with the Trump administration.”
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The National Law Journal
Harvard Law Unveils Monument to Donor’s Slaves
...Law dean John Manning said at a dedication ceremony Tuesday that the law school should be open about its origins and ties to the slave trade. “Our school was founded with wealth generated through the profoundly immoral institution of slavery,”...The text of the plaque was drafted by history and law professor Annette Gordon-Reed, who has written extensively on Thomas Jefferson’s slaves...Gordon-Reed noted during the dedication ceremony on Tuesday that the memorial does not include the names of the slaves whose toil helped fund the law school’s founding, because many of their names are unknown. “The words are designed to invoke all of their spirits and bring them into our minds and our memories with the hope that it will spur us to try to bring to the world what was not give to them: the law’s protection and regard, and justice.” But some slave names were recorded in documents, which were read aloud at the dedication by law professor Janet Halley.
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