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News@Law, 01/30/2018

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

The National Law Journal
Sotomayor Renews Call for Experienced Criminal Defense Advocates
Last fall, Justice Elena Kagan touted the advantages of an experienced U.S. Supreme Court Bar—the “repeat players” who know what the court likes. Justice Sonia Sotomayor seems to think criminal defense lawyers still aren’t getting the message...Lamenting the lack of diversity on the high court itself, Sotomayor said in 2013 she was bothered by the fact judges rarely come to the bench from the defense bar or with civil rights experiences. “We’re missing a huge amount of diversity on the bench,” she said. A 2016 study by Harvard Law School’s Andrew Crespo analyzed what he called the high court’s institutional shift over the last four decades toward the prosecution. One part of that shift, Crespo found, was the “rise of a sharp advocacy gap between criminal defendants and the rest of the increasingly expert Supreme Court bar, including expert advocates for the prosecution.”
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The Washington Post
Andrew McCabe is retiring early. Here’s what we know.
After reports that Attorney General Jeff Sessions, at the direction of the president, unsuccessfully applied pressure on FBI Director Christopher A. Wray to fire Deputy Director Andrew McCabe, McCabe has announced that he intends to depart earlier than planned...So what does this all mean? “If it turns out that McCabe was pressed to accelerate his planned early retirement by a month or so by Sessions or on behalf of Trump, this would strengthen the argument for a pattern of obstruction of justice,” constitutional law scholar Laurence Tribe tells me. “But without proof of such pressure, this development isn’t likely to have major significance.”
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KERA
America Was Built On Slavery (audio)
The Declaration of Independence doesn’t mince words when it states that “all men are created equal.” And yet the country’s other foundational document – The Constitution – protected the most unequal of institutions in slavery. Harvard Law Professor Annette Gordon-Reed joins us to talk about how America has struggled since its founding to reconcile these conflicting ideas. Her essay “America’s Original Sin” appears in Foreign Affairs magazine.
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Law.com
Labor of Law: Driving Labor Law Into the Gig Economy
...Are workers employees or independent contractors? Some of the first major labor cases before the Supreme Court focused on that issue—such as whether newspaper delivery people were considered contractors or employees. Sharon Block, a former NLRB member and now executive director of Harvard Law School’s Labor and Worklife Program, had this to say: “I think there is a tendency to get distracted by the bright, shiny object of technology. To assume that because technology is involved doesn’t mean that standards don’t apply. The standards of the relationship isn’t changed.”
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The Atlantic
The New Way Your Computer Can Be Attacked
An op-ed by Bruce Schneier. On January 3, the world learned about a series of major security vulnerabilities in modern microprocessors. Called Spectre and Meltdown, these vulnerabilities were discovered by several different researchers last summer, disclosed to the microprocessors’ manufacturers, and patched—at least to the extent possible. This news isn’t really any different from the usual endless stream of security vulnerabilities and patches, but it’s also a harbinger of the sorts of security problems we’re going to be seeing in the coming years.
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Hyperallergic
A Legal Guide Helps Artists Make and Protect Protest Art
In the days immediately following the 2017 Women’s March, members of the Harvard University Cyberlaw Clinic and their colleagues at metaLAB learned that a number of artists who’d created some of the iconic images from the march were facing challenges, mostly brought on by the fact that work they’d created for themselves and their close circles had gone viral and was appearing all across the internet. “When you’re getting that kind of attention, you want to have your ducks in a row, and we realized that there wasn’t really a good resource for folks to get their questions answered,” said organizer Jessica Fjeld, in an email interview with Hyperallergic.
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