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News@Law, 12/12/2017

News@Law is a selection of the day's news clips regarding Harvard Law School.
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Harvard Law Record
Open Letter: We Condemn President Trump’s Incitement of Violence
To our students and the wider HLS community, We write to condemn a series of acts by President Trump that incite violence and are inconsistent with a democratic legal order. On November 29th, the President circulated unverified videos that explicitly vilified members of a religious community as dangerous. In his tweet, the videos appeared without any comment, context, or explanation, as if the fact that they concerned “Muslim” actors itself established their relevance. In that way, the videos justified hostility towards individuals on the ground of their faith alone. The President’s message further endorsed violence insofar as it expressly retweeted, thus apparently approving, a source convicted of religiously aggravated harassment...Christine Desan, Tomiko Brown-Nagin, John Coates [and 78 more HLS faculty and administrators].
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Foreign Affairs
America’s Original Sin
An article by Annette Gordon-Reed. The documents most closely associated with the creation of the United States—the Declaration of Independence and the Constitution—present a problem with which Americans have been contending from the country’s beginning: how to reconcile the values espoused in those texts with the United States’ original sin of slavery, the flaw that marred the country’s creation, warped its prospects, and eventually plunged it into civil war.
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The Legal Intelligencer
Court’s Expert Recommends Limit on Attorney Fees for NFL Settlement Lawyers
A Harvard professor who reviewed the attorney fee request in the $1 billion concussion litigation settlement with the NFL has recommended placing limits on potential recovery for lawyers. Harvard Law School professor William Rubenstein issued a 47-page report Monday recommending that a presumptive 15 percent cap be set on all contingent fee contracts for attorneys representing former players individually. He also rejected arguments that parties should pay an additional 5 percent set-aside toward a common benefit fund for class counsel attorneys working to implement the settlement program. Rubenstein was asked earlier this year by the U.S. District Court for the Eastern District of Pennsylvania to vet the lump-sum fee request in the case. “It is my expert opinion that my recommendations strike a proper balance between fairly compensating the lawyers for the services that they have provided—or will provide—while ensuring that the absent class members do not pay fees that are, in total, unreasonable,” Rubenstein said.
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The National Law Journal
SCOTUS Clerks: The Law School Pipeline
Harvard and Yale law schools cast a long shadow over clerk hiring by the Supreme Court justices—and it’s growing longer. Based on the National Law Journal’s analysis of clerk hires from 2005 to 2017, 50 percent of all Supreme Court law clerks in the past 13 years graduated from either Harvard or Yale, compared to 40 percent in a similar study 20 years ago...Harvard law professor Richard Lazarus insists there’s a reason for Harvard’s dominance: ”The students who get into this place are extraordinarily gifted. They are gifted academically. They are gifted in life experiences. That doesn’t mean that there aren’t students at other schools who are as good as the Harvard and Yale students. There are. But the concentration we have here is, I think, unparalleled.”
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When the ‘Arab Street’ Comes to Sweden
An op-ed by Noah Feldman. It’s no surprise that U.S. President Donald Trump’s decision to recognize Jerusalem as Israel’s capital has sparked violence in the West Bank and Beirut, or even protests in far-flung Indonesia, which is majority Muslim. But Sweden? Yet the western Swedish city of Gothenburg, headquarters of Volvo Car AB, saw the firebombing of a synagogue on Friday. The same evening, demonstrators in Malmö, in Sweden’s far south, called for their own “intifada” and threatened to shoot Jews.
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The Globe and Mail
What’s behind North America’s tepid inflation numbers? Labour peace
An op-ed by Jordan Brennan. Economic commentators have been puzzling over North America's persistently weak inflation. Conventional economic theory posits that tightening labour markets should lead to higher levels of inflation, as employers bid up wages in an effort to attract and retain workers. So why haven't we seen an increase in inflationary pressure? One reason the social sciences tend to trail the natural sciences in terms of predictive power is the absence of laboratories. While natural scientists can isolate and manipulate variables in a manner that better enables them to pinpoint causal force, social scientists typically lack this capacity.
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