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News@Law, 09/15/2017

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

Lawfare
An Open Letter to Joseph Arpaio’s Attorneys
An essay by Andrew Crespo. Last week, I wrote an op-ed in The Boston Globe suggesting that a private attorney should be appointed to challenge the constitutionality of former Sheriff Joseph Arpaio’s pardon—a suggestion that has now been formally presented to the judge in Arpaio’s case. This week, Arpaio, through his attorney, threatened to sue me if I did not issue a retraction...Given the tendency of late for our political leaders to threaten lawsuits as a way to try to suppress speech that they find critical or unflattering, I have decided to publish here the complete letter that I received from Mr. Arpaio’s attorney, along with my response.
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Hartford Courant
Is Alexion’s Boston Move A Smoke Screen?
An op-ed by Stephen Davis. Alexion Pharmaceuticals Inc.'s big announcement Tuesday that it will pull up stakes and relocate to Boston could well be about planting itself in a more fertile biotech environment, as CEO Ludwig Hantson asserted on a conference call Tuesday with market analysts. But it could also be something else: an expensive exercise in corporate misdirection — that is, doing something shiny and new to distract observers from the ugly and old. If so, New Haven and environs will wind up paying a steep price in lost jobs so Alexion can buy time ahead of financial woes and investigations.
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The Boston Globe
Surprisingly, some feminist lawyers side with Trump and DeVos on campus assault policy
When Education Secretary Betsy DeVos last week announced plans to revise the nation’s guidelines on campus sexual assault, the predictable din of outrage drowned out the applause from some unlikely corners of college campuses: Many liberals actually approve...“Betsy DeVos and I don’t have many overlapping normative and political views,” said Janet Halley, a Harvard Law School professor and expert on sexual harassment who supports the change. “But I’m a human being, and I’m entitled to say what I think.”...Also among them were four feminist professors who wrote a letter to the Department of Education last month beseeching DeVos’s department for a revision of the rule. Definitions of sexual wrongdoing are now far too broad, they wrote...The authors — Halley, Elizabeth Bartholet, Nancy Gertner, and Jeannie Suk Gersen — have all researched, taught, and written about sexual assault and feminist legal reform for years. Halley, who has represented both accusers and the accused in campus cases, said her colleagues maintain universities should have robust programs against sexual assault.
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Boston Herald
No fly zone: City Hall refuses to raise Christian flag
A Christian group is threatening legal action if the Walsh administration doesn’t allow a religious flag to be raised on City Hall Plaza — the same spot they say where banners from “communist” nations as well as transgender and pride colors are set to fly...Mark Tushnet, a Harvard law professor, said the city’s interpretation that flying the flag on a city flagpole could be viewed as an endorsement would, in his opinion, hold water with a judge. “I think it’s much more likely for people to think if it’s on the city flagpole, then the city must be standing behind it,” he said. “If that’s right, then the city in my view is entitled to say no.”
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NBC News
NBC Latino 20
The NBC Latino 20 honors achievers who are making our communities and our nation better...The first-ever Latino president of the Harvard Law Review, Andrew Manuel Crespo has clerked at the Supreme Court and represented children as a public defender. He has seen firsthand the chasm between our legal ideals and the reality on the ground. "We've told ourselves that whether you are imprisoned for years should not depend on whether you are rich or poor," says the Harvard Law professor, "but any lawyer who has set foot in a courtroom would probably agree that resources and money do make a tremendous difference."
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