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News@Law, 10/25/2017

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
Rick Perry’s Anti-Market Plan to Help Coal
An op-ed by Jody Freeman and Joseph Goffman. Lost in all the attention to the Trump administration’s effort to scuttle President Barack Obama’s clean power plan is its attempt to prop up the struggling coal industry by doing something very un-Republican — subsidizing it. Last month, Rick Perry, the secretary of energy, asked the Federal Energy Regulatory Commission — the independent agency that regulates electricity markets — to adopt a new rule to pay certain coal and nuclear plants more than they would otherwise earn in a competitive market. In essence, consumers would pay these plants a premium for electricity that competitors could produce, and are already producing, more cheaply.
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Forbes
Tax Reform Is On The Front Burner Again. Here’s Why You Should Care
For as much as American politicians and their constituents complain about taxes, the truth is that tax reform packages to address those complaints are rare — the last major reform of the tax code was passed in 1986 under President Ronald Reagan. But starting this week, tax talk is back in vogue in Washington D.C...On a recent and unexpectedly warm day for a New England fall, Harvard Business School Working Knowledge sat down to discuss tax policy in general and reform in particular with HBS Professor Matthew C. Weinzierl and Mihir A. Desai, the Mizuho Financial Group Professor of Finance at HBS and Professor of Law at Harvard Law School, who often testifies before Congress on corporate tax issues.
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WIRED
San Francisco Just Took A Huge Step Toward Internet Utopia
An op-ed by Susan Crawford. Last week, San Francisco became the first major city in America to pledge to connect all of its homes and businesses to a fiber optic network. I urge you to read that sentence again. It’s a ray of light. In an era of short-term, deeply partisan do-nothing-ism, the city's straightforward, deeply practical determination shines. Americans, it turns out, are capable of great things—even if only at the city level these days.
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Law.com
Harvard Law to Launch Student Mental Health Survey
Harvard Law School is set to conduct a mental health survey of its students in November, part of a trend in which legal educators are playing a larger role in the well-being of their J.D.-hopefuls...“We recognize it as a first step in not only helping our students, but hoping to effectuate some change in reporting in the legal and professional community,” said Amanda Lee [`18], vice president of Harvard Law’s student government...Harvard law dean of students Marcia Sells said that the school on Nov. 1 would email a link to the online survey to just over 1,800 law students and give them about three weeks to respond...“What are the things we can do to provide more support or to understand when those points of challenge for students happen,” Sells said. “What can we do to support them?”...Student Government President Adrian Perkins [`18] said that he and Lee ran for their positions on a platform that included putting students first by creating a healthy environment at school. “The student body absolutely has been one of our priorities,” Perkins said.
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Bloomberg
China and Xi Challenge the World’s Constitutions
An op-ed by Noah Feldman. The most important constitutional amendment of 2017 isn’t to the constitution of a country: It’s the amendment approved Tuesday to the Constitution of the Chinese Communist Party, which enshrines President Xi Jinping’s “philosophy” alongside the thought of Mao Zedong and Deng Xiaoping. Talk about a sign of the times. Around the world, from Poland to Spain to Turkey, Israel, India and the U.S., constitutional democracy is undergoing a stress test. Buffeted by the forces of nationalism and populism, democratic institutions are struggling.
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Utility Dive
The pro-NOPR playbook: Supporters broadly interpret FPA to justify DOE proposal
Supporters of the Department of Energy’s proposal to provide cost recovery for coal and nuclear plants are leaning on a broader interpretation of the Federal Power Act to justify the rule in their comments at the Federal Energy Regulatory Commission...“There is a distinction between what FERC can do as a matter of law and what it should do,” Ari Peskoe, a senior electricity fellow at Harvard Law School, wrote to Utility Dive in an email. “As a matter of law, once FERC makes a technical judgment that a market rule will result in just and reasonable rates, as long as it has some evidence in the record to support its decision, it’s difficult to get a court to overturn that determination."
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The Harvard Crimson
Public Health Researcher Discusses Tech Limitations in Humanitarian Work
Nathaniel A. Raymond, director of the Signal Program on Human Security and Technology at the Harvard Humanitarian Initiative, called for the refocusing of humanitarian relief from technology and data science back to the issue of human rights in a lecture at the Law School Tuesday...Ying Li [LL.M. `18], a student at the Law School who attended the talk, reflected afterwards about the recent popularization of digital technology in humanitarian work. “When I learned international humanitarian law, we covered how to coordinate all the resources from all the stakeholders, private and public, to better respond to crises," she said. "But back then, in 2013, we didn’t touch upon digital philanthropy." Suchana Seth, a visiting fellow at the Berkman Klein Center, echoed similar thoughts on the role of technology in her work. “As a data scientist and as a part of communities like that, I do see the transformative power of tech,” Seth said.
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EHS Today
Harvard Study: Companies Not Reporting ‘Human Capital’ Metrics Like Occupational Safety
Human capital metrics, including occupational safety and health data, frequently are collected by a majority of global companies, yet many of these firms are not publicly reporting the information, according to a study released Oct. 23 by the Harvard Law School Labor and Worklife Program in conjunction with the Center for Safety and Health Sustainability (CSHS). Human capital metrics, including occupational safety and health data, frequently are collected by a majority of global companies, yet many of these firms are not publicly reporting the information, according to a study released Oct. 23 by the Harvard Law School Labor and Worklife Program in conjunction with the Center for Safety and Health Sustainability (CSHS). "Corporate Disclosure of Human Capital Metrics," authored by Aaron Bernstein and Larry Beeferman of the Harvard Law School Pensions and Capital Stewardship Project, notes that human capital metrics are of increasing interest to global investors who understand that a sustainable workforce is critical to a company’s success, including its bottom line.
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