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News@Law, 10/19/2017

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

The American Lawyer
Taking on the World: The Big Four in the Global Legal Market
An article by Nicholas Bruch, David Wilkins, and Maria J. Esteban Ferrer. Many falsely believe the Big Four were kicked out of the legal industry in the early 2000s. The Economist even went so far as to state, after the Enron scandal drove regulators to limit the range of legal services audit firms could provide, that "accountancy firms' drive in the legal arena is dead." Such reports—as Mark Twain once famously said when he was informed of a rumor of his own death—were greatly exaggerated. There is increasing evidence that law firms are finally waking up to this reality.
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The Harvard Crimson
Law School Student Leadership Plans Mental Health Initiatives
The Law School student government will conduct a mental health survey in early November as part of a broader effort to address mental health issues on campus. Amanda Lee [`18], the Law School student government vice president, said that University Health Services and the Law School’s Student Mental Health Association are also working on the survey. The Student Mental Health Association will also host a series of information sessions...The Student Mental Health Association’s president Terry M. Spinelli [`19] said the group is working to plan events about the Bar exam questions to give students more concrete information regarding the test’s expectations...Student Government is also partnering with Parody, a comedy musical production company at the Law School, to film a series of videos addressing mental health issues and resources on campus, according to Adrian D. Perkins [`18], the president of the Law School’s student government. He also said he thinks that the legal profession faces significant mental health issues, even beyond law school.
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Economia
Don’t bank on bankruptcy for banks
An op-ed by Mark Roe. It is considering replacing it with a solely court-based mechanism, which would be a mistake of potentially crisis-size proportions. Yes, creating a more streamlined bankruptcy process can reduce the decibel level of a bank’s failure and bankruptcy judges are experts at important restructuring tasks, but there are critical factors that cannot be ignored. Restructuring a mega-bank requires pre-planning, familiarity with its strengths and weaknesses, knowledge of how to time the bankruptcy properly in a volatile economy and the capacity to coordinate with foreign regulators.
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Vice
The Forgotten Sexual Assault Allegation That Could Bring Down Trump
...After the election, Allred, a high-profile feminist activist and die-hard Hillary Clinton supporter, found herself at a loss for how to console the young women who admired her, according to a recent New Yorker profile of the lawyer. Not knowing what to say, she decided to act. Three days before Trump's inauguration, the two women filed a lawsuit against him and announced it at a press conference. They were suing Trump not for sexual harassment or assault but for defamation—the accusation is that Trump called Zervos a liar when he knew very well that she was telling the truth...John Goldberg, a professor at Harvard Law School, told me that politicians' jobs often involve calling their opponents liars, making defamation charges tricky. "A suit by a losing opponent, for example, would be regarded as 'sour grapes,'" he says.
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Bloomberg
Russia Is Using Marxist Strategies, and So Is Trump
An op-ed by Cass Sunstein. Karl Marx and his followers argued that revolutionaries should disrupt capitalist societies by "heightening the contradictions." Russia used a version of that Marxist idea in its efforts to disrupt the 2016 presidential campaign. It should come as no surprise that the most powerful nation from the former Soviet Union, whose leaders were schooled in the Marxist tradition, is borrowing directly from that tradition in its efforts today. What is more surprising, and far more important for American politics, is that President Donald Trump is drawn to a similar strategy.
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ThinkProgress
Jeff Sessions continues unprecedented stonewalling of Congress
In testimony before the Senate Judiciary Committee on Wednesday, Attorney General Jeff Sessions continued to stonewall Congress by recycling an excuse he used four months ago. Sessions is seeking to avoid answering questions about his conversations with President Donald Trump, who has yet to invoke executive privilege regarding conversations with his top officials...“Attorney General Sessions is skating on very thin legal ice now that he has had more than four months to discuss the executive privilege issue with President Trump, given that his lack of opportunity to do so was the only excuse he gave for refusing to answer the Senate’s clearly relevant questions without invoking the privilege on June [13],” Laurence H. Tribe, a professor of constitutional law at Harvard Law School, told ThinkProgress in an email.
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Bloomberg
Goodbye and Good Riddance to the Islamic State
An op-ed by Noah Feldman. The fall of Raqqa won’t be the last time you hear the words “Islamic State.” The name remains capable of inspiring acts of terrorism, and various groups fighting for territory in failed states around the world may continue to borrow the brand. But the collapse of the caliphate’s capital -- the last remaining symbol of Islamic State’s claim to control sovereign territory -- marks the end of what made the entity unique. Future historians will study how the capture of territory enabled what had been a ragtag group of Iraqi and a few Syrian jihadis to gain the attention and the imagination of supporters and opponents worldwide.
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Fox News Insider
Harvard Law Professor: Hillary Clinton Can Still Be President (video)
An interview with Lawrence Lessig. A Harvard Law professor said Hillary Clinton can still be made president if the Trump-Russia collusion story ends with a certain conclusion. Lawrence Lessig said he neither strongly believes it will or should happen, but explained that he explored the possibility after receiving several questions from the public. Lessig said that if there is conclusive evidence the Russians "stole" the election - by changing data, not minds through alleged advertisements - then there is a case for a Clinton presidency.
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Law 360
Law Firms Must Transition To An Industry Sector Approach
In this article, author Heidi Gardner, distinguished fellow at the Harvard Law School Center on the Legal Profession, is interviewed by Anusia Gillespie on the necessity of a law firm's transition to an industry sector approach, and the steps to get there.
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The Harvard Crimson
Experts Plumb Complexities of International Tax Policy
Questions over the taxation of multinational corporations are putting strain on the relationship between the United States and the European Union, experts said at a Center for European Studies event Wednesday...The future of dialogue between the United States and the EU on tax issues has become more fraught in the wake of new international policies promoted by President Donald Trump’s administration, according to Stephen E. Shay, a senior lecturer at the Law School. “I think there is a lot of room for dialogue and for improving U.S. tax relations, but I’m not sure that the current administration is particularly interested in investing a lot of time and energy doing it,” Shay said.
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The Harvard Crimson
Students Debate Qualities, Priorities of Next President at Forum
Students from schools across Harvard spent two hours debating the ideal qualities and priorities of the University’s next president at a forum hosted by the presidential search student advisory committee Wednesday evening...In the long-term, the committee plans to compile and send a report to the official search committee, composed of all twelve members of the Harvard Corporation and three members of the Board of Overseers, according to committee chair and Law School student Jyoti Jasrasaria ’12 [`18]. Jasrasaria said the group hopes to file its report by the end of 2017...“We are the second-ever student advisory committee, and it’s the first time we’ve ever done an event like this in Harvard’s history,” Jasrasaria said, referring to the committee’s decision to hold a public town hall to gather student perspectives on the search.
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