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News@Law, 03/05/2018

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

The Boston Globe
Can this Boston grocery store change the way we eat?
...Daily Table doesn’t look like a typical supermarket; It is smaller and laid out more like a Trader Joe’s, where Rauch was president for 14 years. In 2013, Rauch went on a national media tour to explain his mission: a store that would stock food that had passed its sell-by date, salvaging still perfectly good food from the landfill and getting it to people who need it. Some hailed the idea as a breakthrough. Others worried that selling expired food to poor people was demeaning. But Rauch argued that he could create a sustainable business model that could to solve food waste and hunger at the same time...Sell-by dates result in over 160 billion pounds of healthy food that’s discarded each year, said Emily Broad Leib, director of Harvard’s Food Law and Policy Clinic, who has worked with Rauch to push for national changes to the regulations.
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#HerToo: 40 Years Ago This Woman Helped Make Sexual Harassment Illegal
Robert Adler was a thirtysomething attorney at a small Washington firm in the late 1970s when a woman arrived in his office to discuss her problems at work. The woman, Sandra Bundy, was an employment specialist at DC’s Department of Corrections, where she helped former inmates find jobs after their release. About four years earlier, she explained, her superiors had begun making repeated—and unwanted—sexual advances toward her. After she rebuffed them, things got worse...As Adler listened to her story, however, he felt compelled to act. In 1977, Bundy sued the director of the Corrections Department in federal court. “I had no optimism that we were going to win this thing, because we were really in uncharted waters,” Adler says. “But I didn’t care.” Today, some 40 years after she first walked into Adler’s office, Bundy’s lawsuit is considered a seminal event in the establishment of sexual harassment as a legal concept in America. “What is so incredibly significant about the case was finding that sexual harassment itself—the doing of it—was sex discrimination,” says Catharine MacKinnon, a University of Michigan law professor and a leading scholar on the issue. “That has been world-changing.”
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Just Security
Supreme Court Cases Support Obstruction Charges Against the President
An op-ed by Alex Whiting. Is there a fundamental weakness in the potential case of obstruction against President Donald Trump?...The relevant federal criminal provision — 18 U.S.C. § 1512(c)(2) — makes it a crime to obstruct “any official proceeding, or attempt to do so.” The statute specifies that “an official proceeding need not be pending or about to be instituted at the time of the offense.” However, as Estreicher and Moosman argue, relying on the Supreme Court’s decision in Arthur Andersen LLP v. United States, prosecutors bringing charges under 18 U.S.C. § 1512 must at a minimum show that an official proceeding, such as a grand jury investigation, was foreseen, and that the defendant knew that his actions would likely affect those proceedings.
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‘Can It Happen Here? Authoritarianism in America’
An article by Jack Goldsmith. Tuesday is the release date for an extraordinary collection of essays published under the title: Can It Happen Here? Authoritarianism in America...My essay traces the history of the national security Deep State from J. Edgar Hoover's FBI to the present; shows how the Deep State’s reaction to Trump has been norm-defiant and damaging yet at the same time possibly necessary; and concludes pessimistically by explaining how and why the battle of “Trump v. Deep State” has been harmful to our national security institutions. Collections of essays are often dull affairs, but this one isn’t.
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The Harvard Crimson
Campaign Against Racism Emerges at Harvard Law School
Race-related activism is re-emerging at Harvard Law School after a group of Law students wore pink armbands and hung posters last month to “stand in solidarity with people of color” following incidents of racism at Stanford Law School in the fall...First-year Law student Felipe D. Hernandez [`20], along with 11 other students who chose to remain anonymous, wrote a Feb. 2018 letter published in the Harvard Law Record arguing the Law School also struggles with racism...While the campaign was not officially organized by any formal affinity groups, president of the Harvard Black Law Students Association Jazzmin A. Carr [`18] praised it in an emailed statement, writing her group “stands in solidarity” with its organizers...The Harvard Law Record letter specifically criticized the structure of the financial aid system, the perception that the school is not geared toward public interest, and the first-year curriculum. Law School Dean of Students Marcia L. Sells emphasized the school takes these issues seriously and is working to improve the school’s culture and offerings. “The student financial services office advisory group is looking at the Loan Income Protection Plan. LIPP is something that is always being looked at,” Sells said in an interview last week, addressing criticisms of the school’s financial aid and public interest programs.
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The Harvard Crimson
Law Prof. Sander, Legal Pioneer and Lover of Food, Dies at 90
Busy penning holiday cards in 1975 at his home in Cambridge, Law School Professor Frank E. A. Sander ’48 started in surprise: He had received a telegram from Supreme Court Chief Justice Warren E. Burger. The Chief Justice had telegramed to say he was impressed with Sander’s newly circulating ideas about alternative dispute resolution. In the coming months, Sander would pioneer this form of dispute resolution as an entirely new method of legal mediation. Sander, the Bussey Professor Emeritus at the Law School, died on Feb. 25. He was 90...Harvard law lecturer David A. Hoffman credited Sander with almost single-handedly creating field of dispute resolution. “It’s surprising now to think about the fact that negotiation was not widely taught in the years that he spent in the Law School,” Hoffman said...Law Professor Martha L. Minow, who played violin and piano with Sander in chamber music events he organized, said Sander’s talents as a musician helped define who he was as a professor. “To play chamber music, you play alongside other people,” Minow said. “You pay close attention to where others are, and when you do, you can actually make something better than what you could do by yourself.”
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