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News@Law, 09/21/2017

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

The New Yorker
Impeachment, American Style
An essay by Cass Sunstein. The American colonies imported the idea of impeachment from England, where Edmund Burke called it the “great guardian of the purity of the Constitution.” But from 1750 to 1775 republican fervor was running rampant, and the colonists made the idea all their own. Long before shots were fired in Lexington and Concord on April 19, 1775, colonial assemblies used impeachment as a homegrown weapon of republican government, rebuking the King’s agents for the abuse or misuse of power.
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Diane Rehm
How Trump Is Changing The Presidency And The Real Story Of The Da Vinci Code’s Warrior Monks (audio)
Last November, some political commentators predicted that Donald Trump’s unconventional candidacy might give way to a much more conventional presidency. Harvard Law professor Jack Goldsmith argues that perhaps the opposite is true – that eight months into his term, Donald Trump is fundamentally changing the office of the president.
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The Hollywood Reporter
Netflix and Escobar Family in Bitter Trademark Dispute Over ‘Narcos’
Amid the unwelcome glare of the Sept. 11 shooting death of Carlos Munoz Portal — a Narcos location scout killed on the job in the rural region north of Mexico City — Netflix must also contend with an ongoing trademark dispute with the family of Pablo Escobar, the Colombian drug kingpin dramatized in the hit series...According to Rebecca Tushnet, a Harvard Law School professor who focuses on copyright and trademark law, it's unlikely that Escobar Inc. could have a trademark claim to "Narcos" — a word which has come to mean anyone involved in the drug-cartel trade. "It's possible to have trademarks that are the same for different goods and services. For example; Delta Airlines, Delta Dental, Delta Faucet," Tushnet says. "But at least some of the goods and services in the applications are overlapping.
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Minnesota Public Radio
Intelligence Squared debate: Foreign policy in the Trump era (audio)
An interview with Noah Feldman. An Intelligence Squared debate about the most pressing global challenges facing the Trump administration. Prominent foreign policy experts debate what to do about North Korea, and our strategic relationships with China and other countries.
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The Harvard Crimson
In Presidential Search, Calls for Diversity
Over the course of four centuries, Harvard has seen presidents of many stripes. They’ve been clergymen and classicists, ambassadors and governors, chemists and botanists, and secretaries of State and the Treasury. Their training and trades may have varied—but to date, all have been white. And, until current University President Drew G. Faust, male...Ten years later, some would like to see Harvard make history yet again. “The school has made wonderful strides with respect to the student population,” Law professor and Winthrop Faculty Dean Ronald Sullivan said. “There’s still work to be done with respect to the faculty, and there’s even more work that needs to be done with respect to the top levels of administrators at the University.”
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The Colorado Independent
‘Faithless elector’ to Colorado’s secretary of state: Now I’m suing you
The Colorado Electoral College member who went rogue by not casting an official ballot for Hillary Clinton in December is suing Secretary of State Wayne Williams claiming Williams violated his constitutional rights by removing and replacing him and not counting his vote...National election law expert and Harvard professor Lawrence Lessig filed the federal complaint in Denver district court in mid-August, and says he is filing a new one today adding Micheal Baca’s name...Lessig says the plaintiffs aren’t in the lawsuit for money and have capped their damages at a dollar. He says he hopes for a quick ruling that answers the question about whether members of the Electoral College can vote their consciences. “Regardless of what you believe the law is, it’s really important that it be clear before the next election,” he says.
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BusinessMirror
The overcommitted organization: Managing the challenges and benefits of multiteaming
An essay by Mark Mortensen and Heidi K. Gardner...Across the world, senior managers and team leaders are increasingly frustrated by conflicts arising from what we refer to as “multiteaming”—having their people assigned to multiple projects simultaneously. But given the significant benefits of multiteaming, it has become a way of organizational life. It allows groups to share individuals’ time and brainpower across functional and departmental lines. It also increases efficiency and provides pathways for knowledge transfer. As clear as these advantages are, the costs are substantial and need to be managed.
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The Marshall Project
When Backing the Blue Backfires
An op-ed by Chiraag Bains. In January 2012, Sheriff Doug Gillespie of the Las Vegas Metropolitan Police Department sent a team to Washington, D.C. to ask the Justice Department for help. The LVMPD had been the subject of a five-part series published by the Las Vegas Review-Journal just months before. The paper’s investigation covered 20 years of shootings by the department. It concluded that many of the incidents were avoidable and accused the LVMPD of being an “insular” agency that celebrated “a hard-charging police culture while often failing to learn from its mistakes.” Two weeks after the last piece ran, an LVMPD officer killed an unarmed, mentally ill, black veteran.
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Harvard Gazette
A night at the museums
...the guests were witnessing the product of a clever and thoughtful arts collaboration between Clayton and the Harvard Art Museums. This year’s celebration was the fourth iteration of the popular event, which draws many returning students as well as a plethora of freshmen. The autumnal festivity introduces students to the museums and highlights the role that they can play in their lives...It was the first time at the museums for Harvard Law School students Cortney Robinson ’18 and Demarquin Johnson ’20. “I thought it was a good chance to be introduced to the museum,” said Robinson.
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Bloomberg
Deregulation of Air-Safety Rules Can Be a Model
An op-ed by Cass Sunstein. The Trump administration has a real opportunity to deliver on its promise to streamline the regulatory state. That opportunity comes from the proposed elimination of more than 50 regulations imposed on the airline industry -- many of them designed to protect safety. Air safety has been a sensational success story. In the U.S., commercial accidents have been at very low levels for years.
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Bloomberg
The Constitution Is Passing the Trump Stress Test
An op-ed by Noah Feldman. As Donald Trump’s administration enters its ninth month, it’s worth considering a surprising possibility: Things have never been better in the turbulent period since the president took office. Trump’s most blatantly unconstitutional actions, like the travel ban on immigrants from a number of majority Muslim nations, have been blocked by the courts. Steve Bannon, Mike Flynn and Sebastian Gorka are out of power. The reasonable generals (John Kelly, H.R. McMaster, James Mattis) are in. The repeal of the Affordable Care Act has failed (so far). A deal with Democrats on DACA, the policy allowing undocumented immigrants brought to the U.S. as children to stay, is in the offing. There will be no wall, paid for by Mexico or otherwise, on the southern border. Dangerously extreme tax reform seems unlikely to pass.
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