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News@Law, 01/26/2018

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
Donald Trump’s Brain is a Catch-22
An essay by Jeannie Suk Gersen. A performative contradiction is a statement whose effect goes against its intended meaning. A canonical example is Donald Trump’s January 6th tweet in which he insisted that he is a “very stable genius.” Speaking last week about the President’s first physical exam in office, Ronny L. Jackson, the White House physician, stated that he “found no reason whatsoever to think the President has any issues whatsoever with his thought processes.”
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Bloomberg
Trump, Mueller and the Four Critical Questions
An op-ed by Cass Sunstein. Special counsel Robert Mueller is reportedly seeking testimony from President Donald Trump, who recently said that “he would love to” testify and that he would do so under oath – though he needs to speak with his lawyers. The qualification is important and wise. For any high-level public official, testimony under oath comes with serious risks. For the commander-in-chief, the risks are multiplied, not only because of the overriding importance of his office, but also because foolish steps, establishing precedents, could have long-term effects on future presidents as well.
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Bloomberg
SEC Weighs a Big Gift to Companies: Blocking Investor Lawsuits
In its determination to reverse a two-decade slump in U.S. stock listings, a regulator might offer companies an extreme incentive to go public: the ability to bar aggrieved shareholders from suing. The Securities and Exchange Commission in its long history has never allowed companies to sell shares in initial public offerings while also letting them ban investors from seeking big financial damages through class-action lawsuits...“The question is who is going to be the first company because they’re going to be the lightening rod of criticism,” said Hal Scott, a professor at Harvard Law School who has long argued that shareholder lawsuits should be reined in. “It would definitely be controversial, there’s no doubt about it. But, it’s something they should endure the controversy over because it’s worth it.”
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Conversations with Bill Kristol
Jack Goldsmith on American Institutions and the Trump Presidency (video)
An interview with Jack Goldsmith. The Harvard law professor shares his perspective on the state of American institutions during the Trump presidency.
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Bozeman Daily Chronicle
Study: Montana program fails hepatitis C patients
Montana’s Medicaid program requirements are blocking hepatitis C patients from treatment, according to a national report released Thursday...Robert Greenwald, clinical professor of law at Harvard Law School and the director of the school’s health law center, agreed that the state’s rules around patient sobriety is “medically unfounded” and said it puts others at risk. “Even though the opioid crisis is exacerbating the hepatitis C epidemic, Montana is preventing patients who have used drugs in the past six months, the population most likely to spread this highly communicable disease, from accessing a cure,” Greenwald said.
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Forbes
A Day Late Forecloses Tax Court Hearing Regardless Of Misleading IRS Notice
When you miss deadlines in tax matters, the consequences vary. Sometimes it is "no harm, no foul", sometimes there is a mild financial penalty, sometimes there is a severe financial penalty. And then there is the Tax Court. If you miss the initial Tax Court deadline for filing petition, that's it...A lot of pro se litigants miss the deadlines. That led to an amicus brief by Linda Jean Matuszak. Ms. Matuszak was tripped up in a similar manner. The brief was prepared by Carlton Smith and Professor T. Keith Fogg, Director Harvard Federal Tax Clinic, which gives students at Harvard Law School the opportunity to do some tax litigation for the other 95%. They are making a push on the deadline issue.
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Voice Of America News
Sessions Takes Credit for Reversing Crime Wave; Criminologists Disagree
U.S. Attorney General Jeff Sessions is claiming credit for beginning the end of what President Donald Trump has termed “American Carnage,” a spike in violent crime during 2015 and 2016, the final two years of the Obama administration. In an opinion piece published Tuesday in USA Today, Sessions pointed to preliminary FBI data showing that violent crime in the United States decreased by 0.9 percent during the first half of last year and that the increase in the murder rate had slowed...But Thomas Abt, a former federal prosecutor now a senior fellow at Harvard Law School and Kennedy School of Government, noted that the decline came before Trump announced his first wave of U.S. attorneys in June. “It’s simply not honest to say that aggressive federal prosecution was responsible for the crime decline when the federal prosecutors that Trump nominated weren’t even in office at the time,” Abt said.
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The Washington Post
How to fight mass surveillance even though Congress just reauthorized it
An op-ed by Bruce Schneier. For over a decade, civil libertarians have been fighting government mass surveillance of innocent Americans over the Internet. We’ve just lost an important battle. On Jan. 18, when President Trump signed the renewal of Section 702, domestic mass surveillance became effectively a permanent part of U.S. law.
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