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News@Law, 12/14/2017

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

Harvard Magazine
Bryan Stevenson on the Shadow of White Supremacy
The audience could sense where the story was going almost as soon as Bryan Stevenson began telling it. Two black children in the barely desegregated South, hurtling with giddy, unguarded elation toward their first swim in a pool that until recently had been available only to whites... Nancy Gertner, a retired U.S. judge and senior lecturer at Harvard Law School, deplored the mandatory sentencing rules that reduce defendants to “the quantity of drugs, their criminal record, and nothing else.” ... Friendly professor of law Carol Steiker looked back at the past few hundred years of American death penalty laws.
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Express
Rise of the machines: Super intelligent robots could ‘spell the end of the human race’
Artificial intelligence is beginning to transform society, from babysitting children to self-driving cars. But, many scientists, including Professor Stephen Hawking, argue it may only be a matter of time before they gain consciousness and destroy mankind like something out of science fiction... But, a report by Human Rights Watch and the Harvard Law School International Human Rights Clinic has called for humans to remain in control of weapons at a time of rapid advancement. Senior arms division researcher at Human Rights Watch, Bonnie Docherty, said: "Machines have long served as instruments of war, but historically humans have directed how they are used."
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New York Times
The Politics of #HimToo
The issue of sexual misconduct has emerged as a centerpiece of Democratic strategy for taking on President Trump and the Republican Party... Elizabeth Bartholet, the director of the child advocacy program and a professor at Harvard Law School, who is no fan of Donald Trump, wrote in an email: I think this is another moment we may look back on as a moment characterized by madness and sexual panic even though it is a moment that is important in recognizing serious abuses that deserve to be called out.
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The Daily Telegraph
A crisis of resilience at Australian universities
One in three students have thought about self-harm or suicide in the last 12 months while 70 per cent rate their mental health as “poor”, according to a study by Headspace... Harvard Law professor Jeanine Suk wrote in The New Yorker: “About a dozen new teachers of criminal law at multiple institutions have told me that they are not including rape law in their courses, arguing that it’s not worth the risk of complaints of discomfort by students.”
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The Guardian
US death penalty: 23 people executed and 39 sentenced to death in 2017
Twenty-three people were executed and 39 sentenced to death in 2017 in the US, one of the few developed countries to still use the death penalty... In one week this April, Arkansas killed four people despite legal challenges to three of the cases, which the Fair Punishment Project at Harvard Law School said had potent claims for mitigation. “One of the most disturbing features of the 2017 executions was the execution of prisoners who had never received meaningful review of important issues in their cases,” the report said. “At least five of those executed this year had received glaringly deficient legal representation or were denied substantial judicial review.”
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The National Law Journal
US Justice Department Will Back Joe Arpaio in Appeal to Erase Contempt Verdict
Arpaio’s pardon unleashed a surge of criticism from lawyers, who argued the move undermined the independence of the judiciary. Jack Goldsmith, the Harvard Law professor and former head of the DOJ’s Office of Legal Counsel in the President George W. Bush administration, called Trump’s decision an “irresponsible (but lawful) exercise of the presidential pardon power.”
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Psychology Today
How to Avoid War with North Korea
Daniel L. Shapiro. White House national security advisor H.R. McMaster recently noted that the potential for war with North Korea increases “every day.” While many commentators blame mounting tensions on Pyongyang’s increasingly sophisticated military hardware, the ultimate problem is a human one. It is people who make decisions about military and political strategy, and human psychology is the ultimate arbiter of such decisions. Only by addressing the psychology of conflict can we stop the current march to battle.
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New York Times
Alabama’s Repudiation of Roy Moore
Simon Heldin '19. It may be hard to believe, but there was actually a time when the Republican leadership thought that credible sexual misconduct allegations against their own were disqualifying.
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Bloomberg View
What If the Founders Had Free Speech Wrong?
An op-ed by Cass Sunstein. According to the most famous words of the First Amendment, “Congress shall make no law ... abridging the freedom of speech.” But what did the founders understand those words to mean?
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