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News@Law, 09/26/2017

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

The New York Times
How Not to Respond to the Rising Murder Rate
An op-ed by Thomas Abt. This week the F.B.I. released its annual tally of crime in the United States, and the picture it paints is troubling. In 2016, there were 17,250 homicides, an increase of more than 8.5 percent from the previous year. This comes on the heels of a 12 percent rise in 2015, bringing the total increase over two years to nearly 22 percent — the largest two-year increase in homicide in 25 years. Violent crime — which includes rapes, robberies and assaults, in addition to homicides — is also up, but less so, rising 4 percent, after a 4 percent increase in 2015. What to make of this two-year spike in death and violence is unclear, but you can be certain of this: Partisans on all sides will seek to spin this situation to their advantage. And that’s a problem that stunts productive conversation about solutions.
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The New York Times
Does the Colorado River Have Rights? A Lawsuit Seeks to Declare It a Person
Does a river — or a plant, or a forest — have rights? This is the essential question in what attorneys are calling a first-of-its-kind federal lawsuit, in which a Denver lawyer and a far-left environmental group are asking a judge to recognize the Colorado River as a person...Jody Freeman, director of Harvard’s environmental law program, said Mr. Flores would face an uphill battle. “Courts have wrestled with the idea of granting animals standing,” she wrote in an email. “It would be an even further stretch to confer standing directly on rivers, mountains and forests.”
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MarketWatch
Do you support Colin Kaepernick? Read this before making a First Amendment political protest on the job
...But could everyday workers be fired for expressing their opinions at the office?...The short answer: If you’re not a government employee: No...But it doesn’t necessarily protect private-sector employees who make statements or donations in favor of causes their employers disagree with, Mark Tushnet, a professor of law at Harvard Law School, previously told MarketWatch. Private-sector employees are generally employed at the will of the employer, Tushnet said, and their employers can fire them as they see fit. “That includes disagreement with what they say in public,” Tushnet said.
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Bloomberg
Trump’s New Travel Ban Could Win Over Justices
An op-ed by Noah Feldman. Can the addition of North Korea and Venezuela save President Donald Trump’s third travel ban from the constitutional flaws of his first two? By rights, the answer should be no -- and the new ban would be unlikely to survive careful judicial scrutiny of its shaky logic. But in the real world, the U.S. Supreme Court may take the opportunity to de-escalate the ongoing conflict between the Trump administration and the judiciary. If that is so, a majority of the justices could simply defer to Trump’s assertion that the countries on the list were chosen because they don’t provide information to facilitate screening of visitors.
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IVN
Lawrence Lessig Talks About Taking the Electoral College to Court (audio)
T.J. is joined by two prominent election reform attorneys: Lawrence Lessig with Equal Citizens and Chad Peace with the Independent Voter Project. They discuss their latest reform lawsuits and projects, breaking down each case into its ‘elevator pitch’.
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The Boston Globe
Betsy DeVos is coming to Boston and she is in high demand
Betsy DeVos is coming to Boston and she’s in high demand, not just from friendly quarters...The multiple invitations may be less an indication of DeVos’s popularity and more a sign of how polarizing a figure she and education department have become in recent months. “All we’re asking is for a few minutes for her to hear the perspective of people who have been harmed by these schools,” said Toby Merrill, director of the Project on Predatory Student Lending at Harvard. “Based on the actions she has taken, she doesn’t seem like she’s getting that perspective.”
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