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News@Law, 09/27/2017

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

The Washington Post
National anthem protests aren’t politicizing the NFL — it was already political
An op-ed by Justin Levin `18. In the aftermath of President Trump’s attack on Colin Kaepernick and other professional athletes, and the historic protests that erupted around the NFL on Sunday and Monday in response, many are lamenting how the wall that once separated politics from professional sports has collapsed. Writing in the Wall Street Journal, Fox Sports’ Jason Whitlock claimed, “the league will no longer be allowed to present football as an escape from America’s divisions.” In reality, however, the NFL, and professional sports more generally, have never been apolitical as Whitlock describes.
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The Boston Globe
How Massachusetts can fight foreign influence in our elections
An op-ed by Laurence Tribe and Ron Fein. Can Massachusetts take a stand against foreign influence in our elections? On Wednesday, a legislative committee will consider a bill to plug a loophole that the federal government has left wide open for foreign influence. There are many ways for foreign interests to influence elections here. We saw several of them in 2016, like the Russian government’s sophisticated computer hacking attacks on state election systems, or its intelligence operatives’ high-stakes meeting with Trump campaign officials on the promise of sharing potentially compromising information.
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WIRED
Boston’s High-Tech Plan to Tackle Income Inequality
An op-ed by Susan Crawford. Hype about using enormous sets of sensor-collected data to “drive results” in US cities is getting pretty thick. Local government officials across the country are overrun by vendors offering to install soup-to-nuts systems that will monitor parking, pedestrians, pollution, and pests, among a zillion other things. It’s as if the big tech companies are baffled by why local government needs to exist at all. “We’ve got engineers! We’ll do it for you!” is the implicit pitch. McKinsey says the global Internet of Things market may be worth as much as $6.2 trillion over the next few years. But all that data won’t help if it doesn’t address the most vital issues in our cities. And one of the most vital of all is inequality of opportunity.
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Bloomberg
Remaining Silent Before the Tax Man
An article by Gabrielle G. Hirz, Kathleen Saunders Gregor, and Stefan G. Gerlitz `18. You own a business selling medical marijuana, an enterprise which, while legal in 29 states and the District of Columbia, is prohibited by the Controlled Substances Act as a business trafficking in a Schedule I controlled substance. Although, under 2013 guidance, the Obama administration discouraged federal prosecutions of marijuana dispensaries that operated legally according to state laws permitting its medical or recreational use, perhaps you are more concerned under the current administration. When it comes time to file your Federal income tax returns, and those of your business, what are you legally obligated to disclose?
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NPR
Betsy DeVos Launches Reform Effort On Campus Sexual Assault Policy (audio)
Education Secretary Betsy DeVos has kicked off an effort to reform how the federal government advises colleges and universities about handling sexual misconduct. Critics are worried the process will roll back protections for victims of sexual assault, but feminist Harvard Law Professor Janet Halley says reform is necessary.
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Financial Times
SEC forced to try new ways of pursuing bad financial advisers
The US investment regulator’s powers to recoup losses from financial advisers who break the law were dealt a blow by a landmark Supreme Court decision this summer. But the Securities and Exchange Commission has stressed to the FT that the court’s decision will have a limited impact on its ability to go after wrongdoers...Several legal experts have claimed the case puts the regulator at a considerable disadvantage when seeking redress. “The decision clearly imposes a limit on SEC enforcement powers and may force the staff to rely more on civil money penalties,” says Howell Jackson, a professor at Harvard Law School.
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Motherboard
Trump’s North Korea Tweets Aren’t a ‘Declaration of War’
On September 25, North Korea accused US President Donald Trump of declaring war on the communist state. Pyongyang's accusation, coupled with a threat to shoot down American warplanes flying near North Korean airspace, came six days after Trump addressed the United Nations General Assembly in New York City. In his remarks, Trump warned America could "totally destroy" North Korea in order to stop that country's expanding nuclear weapons program...The Korean War never actually ended, legally speaking. In July 1953, the combatant countries—the United States and its allies on one side, North Korea and China on the other—agreed to an armistice halting active fighting, but without actually settling the conflict. "Since there is only an armistice, the US and North Korea—or, more accurately, UN forces and North Korea—are still in a state of armed conflict or war," James Kraska, a [visiting] Harvard law professor and expert in the legal aspects of armed conflict, told Motherboard.
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NBC News
#NBCLatino20: The Legal Eagle, Andrew Manuel Crespo
With his stellar credentials, Andrew Manuel Crespo, 34, could have had a gilded entree to the elite worlds of finance, academia or government. He graduated from Harvard College magna cum laude. At Harvard Law School, he was the first-ever Latino president of the Harvard Law Review and he clerked for two Supreme Court justices. But when it came time to get a job, Crespo became a public defender in Washington, D.C. His first client was eight years old. The way his young clients and their families trusted him, Crespo remembered, was something that he never took for granted. “I was working in juvenile criminal court, and my clients were 12, 13, 16 years old,” Crespo said. “There is something very powerful about meeting people for the first time when they are literally behind bars. You are introducing yourself when they are at one of the most broken, vulnerable moments in their lives.”
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The Harvard Crimson
With Pens and Posters, Students Prepare to Protest DeVos
Seated cross-legged on the floor and armed with poster paper and colorful markers, roughly 20 students gathered at Harvard Law School Tuesday evening to scrawl messages protesting the arrival of Education Secretary Betsy DeVos, who is slated to speak on campus Thursday. “The cost of education shouldn’t include sexual violence,” read one poster...In a written statement Tuesday evening, Harassment/Assault Law-Student Team co-presidents Sarah B. Gutman [`18] and Marielle Sanchez [`18] wrote that “being silent is being complicit.”
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