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News@Law, 10/16/2017

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
How Anti-Trump Psychiatrists are Mobilizing behind the Twenty-Fifth Amendment
An essay by Jeannie Suk Gersen...The removal of Trump using the Twenty-fifth Amendment is the aim of a newly launched social movement composed of mental-health professionals. The group, called Duty to Warn, claims that Donald Trump “suffers from an incurable malignant narcissism that makes him incapable of carrying out his presidential duties and poses a danger to the nation.” On Saturday, the organization held coördinated kickoff events in fourteen cities, where mental-health experts spoke out about Trump’s dangerousness and, in several, took to the streets in organized funereal marches, complete with drum corps.
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LA Times
Trump won’t have to disclose tax returns to get on California’s ballot, as Gov. Jerry Brown vetoes bill
An unprecedented effort to force President Trump and other White House hopefuls to disclose their personal income tax returns was blocked by Gov. Jerry Brown on Sunday, who argued the plan would likely be overturned by the courts. Brown's veto of Senate Bill 149 put him at odds with legislative Democrats who insisted its mandate for five years of income tax information would help voters make an informed choice...Laurence Tribe, a Harvard University law professor, insisted that the California bill would pass constitutional muster. He and two other legal scholars wrote that the proposal fell on the side of being constitutionally allowed when evaluating "permissible ballot access laws and impermissible attempts to add qualifications."
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The American Lawyer
Black Harvard Law Grads Are Doing Fine (Mostly)
We know the number of blacks in the profession is still abysmal, but what about those who graduate from tippy-top law schools? Do they enjoy an advantage? The short answer is yes—with qualifiers. That's the finding of Harvard Law School's 2016 study of its black alumni authored by Harvard law professor David Wilkins, the report takes an exhaustive look at the career patterns of black graduates from 2000-2016, painting a picture that's both hopeful and ominous...In fact, respondents to the survey rated HLS's prestige factor (the "H-Bomb") as "extremely important" to their career advancement, outranking all diversity initiatives. "It provides credential and network—and those things are way more important if you're black," says Wilkins.
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The Atlantic
What Facebook Did to American Democracy
In the media world, as in so many other realms, there is a sharp discontinuity in the timeline: before the 2016 election, and after. Things we thought we understood—narratives, data, software, news events—have had to be reinterpreted in light of Donald Trump’s surprising win as well as the continuing questions about the role that misinformation and disinformation played in his election...In June 2014, Harvard Law scholar Jonathan Zittrain wrote an essay in New Republic called, “Facebook Could Decide an Election Without Anyone Ever Finding Out,” in which he called attention to the possibility of Facebook selectively depressing voter turnout. (He also suggested that Facebook be seen as an “information fiduciary,” charged with certain special roles and responsibilities because it controls so much personal data.)
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Boston Herald
Troops at risk if Iran deal fails
An op-ed by Phil Caruso `18. In 2014, during my second deployment to Afghanistan, I stood and watched the sun set over Iran. Tensions were high over Iran’s nuclear program, and I knew that if a solution could not be reached, the U.S. military might be called upon to denuclearize Iran forcefully. Thankfully, that day never came. Now, however, I wonder again.
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Vox
Benching NFL players for protesting during the anthem would be illegal
An op-ed by Benjamin Sachs. Last Sunday, Jerry Jones, the owner of the Dallas Cowboys, said he would bench players who did not stand during the national anthem. This threat was publicized nationally and applauded on Twitter by President Trump, who summarized the two men’s shared view: “Stand for Anthem or sit for game!” On Wednesday, the president elaborated on his views, telling Fox News that the NFL “should have suspended” Colin Kaepernick for kneeling during the anthem because “you cannot disrespect our country, our flag, our anthem — you cannot do that.” It is quite possible the players have First Amendment protection against retaliation of this kind.
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The New Yorker
Why Didn’t the Manhattan D.A. Cyrus Vance Prosecute the Trumps or Harvey Weinstein?
An essay by Jeannie Suk Gersen. In 2010, as Cyrus Vance, Jr., took office as Manhattan’s new District Attorney, he promised that “crimes committed by the affluent, the powerful, or by public officials will be investigated and prosecuted as vigorously as street crimes.” Today, his office’s failures to prosecute the affluent and the powerful threaten to define Vance’s tenure as D.A., even as he heads for unopposed reëlection to his third term, on November 7th.
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The Hill
America’s workers deserve to get paid for burning the midnight oil
An op-ed by Patricia Smith and Sharon Block. The clock is ticking. Will the Labor Department appeal a judge’s recent decision that could deny overtime pay to millions of Americans? Labor Secretary Alexander Acosta has been clear that he doesn’t like the Obama administration’s overtime rule, insisting that he wants to reconsider it and possibly make one of his own. But he needs to appeal the judge’s decision regardless, otherwise he’s creating uncertainty that isn’t good for anyone. This summer, the Labor Department issued a formal “request for information” to get public feedback on which white collar employees should get overtime pay.
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In These Times
A Historic Rule Has Held McDonald’s Liable for Labor Abuses. The GOP Is Close to Undoing It.
In what was hailed as a major victory for labor unions, the National Labor Relations Board (NLRB) in 2015 redefined what constitutes a “joint employer,” ruling that any company that has “indirect” control over a business can be held responsible if that business violates labor law. In practice this has meant that a corporation such as McDonald’s can be held liable if its franchises are illegally withholding pay to employees or otherwise breaking the law. Now, a new bill could reverse that decision and make it much harder to hold large corporations accountable...“It’s really disingenuous and not truthful to say that what this bill does is undo [the NLRB’s] decision,” Sharon Block, executive director of the Labor and Worklife Program at Harvard Law School, tells In These Times.
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