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News@Law, 09/28/2017

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

Quartz
Trump wants to make America great again by using the Supreme Court to gut the rights of non-union workers
An op-ed by Sharon Block and Benjamin Sachs. The Trump Administration is waging a quiet war on workers. The effort involves anti-union appointments to federal agencies, repeal of Obama-era regulations that were designed to raise the wages of low and middle income workers, and support for anti-worker legislation in Congress. But the most recent salvo may actually prove to be the most devastating. In a case called Murphy Oil, slated for the first day of the Supreme Court’s new term, the Trump administration is inviting the court to eviscerate the rights of employees who don’t have a union.
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Bloomberg
Roy Moore Isn’t Just Defiant. He’s Dangerous.
An op-ed by Noah Feldman. Roy Moore is more extreme than you think -- and his candidacy for a U.S. Senate seat is not a joke, but a serious threat to the Constitution and the rule of law. The shenanigans that got Moore thrown out of office as the chief justice of the Alabama Supreme Court -- twice! -- were more than just acts of civil disobedience on behalf of evangelical religion. Both times, Moore intentionally defied and denied the authority of the U.S. courts to have the final say on the Constitution. That’s the core principle on which our legal system rests.
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The Washington Times
Lawsuits aim to change winner-take-all Electoral College system by 2020 presidential race
The votes have been counted and President Trump has moved into the White House, but the campaign to upend the Electoral College is far from over...The idea is not to eliminate the Electoral College, which would require a constitutional amendment, but to require states to implement a system in which electors cast ballots based on the percentage of the popular vote. “It’s crazy that our nation’s least-democratic election is the one for president,” said Lawrence Lessig, Harvard Law School professor and founder of Equal Citizens.
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The Wrap
Future Colin Kaepernicks, Beware: You Can Get Fired for Political Speech
It doesn’t look like any NFL players will be disciplined for kneeling or locking arms in protest during the playing of the National Anthem. But First Amendment experts say most employees can be fired from many jobs for exercising their freedom of speech...But government employees are in a different position, Harvard Law professor Mark Tushnet told TheWrap. He said that under the First Amendment, government workers who speak about public policy can’t be fired unless their speech interferes with their jobs — by provoking fights, for example. “Typically, though, governments aren’t able to make that showing,” he said.
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The Irish Times
A defence of finance drawing on the arts
It’s not often – if ever – you’ll come across a book written by a Harvard finance professor who seems just as comfortable talking about the romantic choices of Pride and Prejudice’s Elizabeth Bennet or the business acumen of Stringer Bell in The Wire, as about economic theory. But, in his new book The Wisdom of Finance, Mihir Desai, a professor at Harvard Business and Harvard Law School, has drawn on the arts to make his case...He had two motivations in writing the book. “One, there is a great deal of misconceptions about finance and then finance gets demonised, and a lot of this happens because people don’t understand finance. And my second motivation is that people in finance . . . we have to rehabilitate finance, and look at what we do with a moral lens.”
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Bloomberg
Women Can Drive, But the Saudi King Has the Wheel
An op-ed by Noah Feldman. It’s good news that women will soon be able to drive in Saudi Arabia. But as a milestone, it isn’t primarily a marker of sex equality, which remains a distant objective in the kingdom. Rather, it’s an important indication that the monarchy now thinks it doesn’t have to defer to the country’s religious establishment. That’s a remarkable development that may allow some modernization -- but also heralds a move away from the separation of powers and toward consolidation of absolute authority in a totalitarian king.
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