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News@Law, 09/11/2017

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

Trump’s Right: Immigration Is Congress’s Mess
An op-ed by Noah Feldman. Amid the laudable moral support for the Dreamers after President Donald Trump’s revocation of the Deferred Action for Childhood Arrivals program, liberals should keep in mind an important constitutional principle: Immigration is supposed to be the province of Congress, not the executive. The belief that the president has ultimate immigration power can lead to terrible results -- like Trump’s travel ban against six majority-Muslim countries, also powered by the mistaken idea that immigration policy should be set by executive order. The Framers of the Constitution thought about immigration, and wanted Congress in charge. Article I, Section 8, which enumerates Congress’s authorities, confers the power “to establish an uniform rule of naturalization.”
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Harvard Gazette
Campaign ’16: how coverage rerouted
If you thought that media coverage during the 2016 presidential election seemed, more often than not, to boost Donald Trump and criticize Hillary Clinton, you didn’t imagine it, a new report says. According to the report from Harvard’s Berkman Klein Center for Internet & Society, which applied data analysis techniques to 2 million election stories to understand better what people were reading and sharing, Trump not only got the most attention from media outlets across the political spectrum, but his preferred core issues — immigration, jobs and trade — received significant coverage and were widely shared online...From the data, “We know exactly what is the first time in which the Clinton Foundation is raised, in which particular week, linking to what story, based on what structure. We can then say who linked to that story, who amplified it?” said Yochai Benkler, the Berkman Professor for Entrepreneurial Legal Studies at Harvard Law School and the study’s principal investigator.
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The New Yorker
Betsy DeVos, Title IX, and the “Both Sides” Approach to Sexual Assault
An essay by Jeannie Suk Gersen. Over the summer, anticipation over what the Education Department might do about campus sexual assault heightened as the Education Secretary, Betsy DeVos, held high-profile meetings with groups advocating for the interests of universities, sexual-assault victims, and accused students—including one men’s-rights group accused of harassing women online. DeVos’s civil-rights head, Candace Jackson, alarmingly, told the Times that “90 percent” of campus accusations are over drunk or breakup sex. As the new school year began in earnest, widespread fears of a “rollback” of Title IX enforcement accompanied DeVos’s long-awaited policy speech, which was delivered on Thursday, at George Mason University.
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KQED Radio
Education Secretary DeVos Signals Changes to Obama-Era Campus Assault Policy (audio)
An interview with Janet Halley. On Thursday Secretary of Education Betsy DeVos announced the department would begin the process of changing regulations dealing with campus sexual assaults. DeVos said the Obama-era policies have “failed too many students” and stressed focusing on the rights of victims and the accused. Critics argue DeVos’s plan is an attack on sexual assault survivors, while others applaud possible changes to a system they say denies due process and free speech. We discuss the announcement and its possible effects.
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The Atlantic
The Uncertainties of Being Asked to Work During a Hurricane
People who live in the possible paths of Hurricane Irma, which could make landfall on American shores as soon as this weekend, face the difficult decision of whether to stay in place or flee. In addition to weighing the costs of leaving town, many also have to consider whether evacuating could put their job at risk...The answer to that question, in many cases, is that they can indeed be fired. Sharon Block, the executive director of the Labor and Worklife program at Harvard Law School and a former Department of Labor employee, says a major storm, even one that yields a state of emergency, doesn’t suspend labor laws. This means that laws that protect workers’ pay still stand, but because in Florida, workers are employed at-will, it also means that (barring a collective-bargaining agreement or contract stating otherwise) workers can still be fired for their absence. “You can be fired for a good reason [or] a bad reason—as long as it's not an unlawful reason, which is usually discrimination,” Block says.
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The Boston Globe
Harvard Law unveils plaque to acknowledge slave labor
Harvard Law School unveiled a plaque during a ceremony this week to acknowledge the work of unnamed slaves whose labor made the law school’s founding possible, the university said in a statement. The plaque, located on a rock in the center of Harvard Law School’s plaza, is the latest in a series of steps by Harvard University and Harvard Law School to acknowledge the role of slavery in the school’s history...Harvard Law professor Charles Fried said the plaque, which was unveiled Tuesday, is an appropriate way for the school to recognize the negative parts of its history while also maintaining pride in its accomplishments. “You have to acknowledge the wrongs and the evils which are hundreds of years old and not ignore them, but on the other hand, not act as if they have taken place last week or even 20 years ago,” he told the Globe in a phone interview Friday morning.
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Think Progress
Lost wages, serious illness and poor labor standards: The dangers of rebuilding Texas and Florida
As Texas prepares to rebuild after Hurricane Harvey devastated much of the state, and Florida starts picking up the pieces from the destruction wreaked by Hurricane Irma, emergency workers may face exploitation for the sake of greater profits and speedier project completion...Sharon Block, executive director of Harvard University’s Labor and Worklife Program and former principal deputy assistant secretary for policy at the U.S. Department of Labor, said she is concerned about the administration’s potential response to the recent disasters...“They don’t have real leadership in the agency,” Block said. “So having watched Sandy and the Gulf oil spill, these sort of unexpected disaster responses, even for an agency like OSHA, it’s really complicated and it’s really resource intensive.”
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