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News@Law, 05/02/2018

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

The New York Times
California Sues Trump Administration Over Car Emissions Rules
A coalition led by California sued the Trump administration over car emissions rules on Tuesday, escalating a revolt against a proposed rollback of fuel economy standards that threatens to split the country’s auto market. In a lawsuit filed in the United States Court of Appeals for the District of Columbia, California and its coalition — 16 other states and the District of Columbia — called the Environmental Protection Agency’s effort to weaken auto emissions rules unlawful and accused the agency of failing to follow its own regulations, and of violating the Clean Air Act...It is not yet clear if the E.P.A. will take those steps, but Tuesday’s lawsuit could strengthen California’s legal hand if that were to happen. “This is a preliminary challenge. It’s a shot across the bow,” said Jody Freeman, a professor of environmental law at Harvard University who advised the Obama administration. “It sets the table to challenge the agency’s reasons for rolling back the rule, if they go ahead and do it.”
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Bloomberg
Trump Said Libel Laws Should Change. These Women Agree.
An op-ed by Noah Feldman. Libel law is evolving before our eyes. Stephanie Clifford, aka Stormy Daniels, has sued Donald Trump for libel on the ground that the president tweeted that her allegations that she was threatened over their sexual liaison are “a total con job.” The legal theory of the suit, filed Monday in New York, is in line with Summer Zervos’s libel suit against Trump for repeatedly denying her allegations that he kissed and touched her inappropriately. Both lawsuits are creative attempts to push libel law in a direction that fits the #MeToo moment.
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National Catholic Reporter
Glendon receives Evangelium Vitae Medal at University of Notre Dame
Mary Ann Glendon, a Harvard University professor of law and former U.S. ambassador to the Holy See, received the Evangelium Vitae Medal from the University of Notre Dame's Center for Ethics and Culture...Glendon said the award serves to honor the many individuals involved in the pro-life movement. "You are paying tribute to the rank-and-file of the broadest-based grass-roots movement in America -- men and women who have made time in their lives to respond in whatever ways they can to the call to help build the culture of life and love," Glendon said. "It is no small achievement that Americans have become steadily more pro-life over the years."
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The New York Times
This Man Is Taking France to Court to Win Back France.com
Over more than two decades, Jean-Noel Frydman built France.com into a thriving business, selling tours online to Paris, Burgundy, the Riviera and other popular French destinations. But on March 12, his business vanished. That was the day the French government prevailed in a yearslong effort to seize the coveted domain name, persuading the company that had long managed it, Web.com, to hand it over...Now, Mr. Frydman, who says he stands to lose millions of dollars in profit without the site, is fighting back — by taking France to court in America. The battle, which began in French court in 2015, is more than just a curiosity: It could have greater consequences for the internet at large, said Vivek Krishnamurthy, a lawyer and instructor at Harvard Law School’s Cyberlaw Clinic, which is assisting Mr. Frydman. “The reason why we got involved is that there seemed to be a chance of a significant injustice being done here and one that has really important implications for how the internet works,” Mr. Krishnamurthy said.
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The Boston Globe
Trump’s sentiment toward immigration seems to seep past rules
A letter by Samuel Garcia `19. As Mickey Edwards clearly states in “Trump’s travel ban isn’t just about executive authority — it’s also about congressional responsibility” (Opinion, April 26), Congress has created a list of “dos and don’ts” that dictate how the president should implement immigration policy. That list includes that you cannot discriminate based on nationality, but even if the travel ban was repealed on those grounds, would it stop officials who feel empowered by the president from discriminating anyway? It seems that the president’s sentiment toward immigration has seeped through to the nation’s agencies, and it is unclear whether any strict legal guidance can stop them.
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WBUR
Mueller Questions For Trump Leaked To Press
An interview with Nancy Gertner. Yesterday, The New York Times published a list of dozens of questions that Special Counsel Robert Mueller hopes to ask President Trump as part of his investigation. The questions cover a wide range of topics, and provide the most in-depth look at what the Special Counsel's investigation is focusing on to date.
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Just Security
What Mueller’s Questions to Trump Reveal About the Future of the Russia Investigation
An op-ed by Ryan Goodman and Alex Whiting. What do special counsel Robert Mueller’s 49 questions for President Donald Trump tell us about the state of the investigations into possible obstruction of justice, abuse of power, and Russian “collusion”? 1. Big picture: What do Mueller’s questions indicate about the state of the special counsel’s investigations? First, Mueller’s questions about collusion show that it is likely that Mueller has already identified crimes involving collusion–such as a conspiracy to defraud the United States through an evasion of the Federal Election Commission–and Mueller is asking here only about Trump’s possible knowledge and personal involvement. In other words, the questions indicate that there is a “there, there.” That said, we want to be cautious here.
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U.S. News & World Report
California Defends More Than Climate With EPA Lawsuit
A lawsuit that California filed Tuesday challenging the Trump administration's plan to roll back vehicle emissions standards has more at stake than pollution limits: It might also affect whether the state can retain its unique power to chart its own course in regulating tailpipe emissions. Since 1970, California has enjoyed authority from Congress to implement its own, tighter vehicle emissions standards, which more than a dozen other states also follow. Vehicle emissions last year ranked the greatest source of heat-trapping carbon dioxide emissions in the U.S...The EPA, meanwhile, "could basically ignore [California's] waiver and argue that California is pre-empted from setting standards" under the law that gives federal authorities the power to set fuel efficiency standards," or "EPA could decide to revoke it," says Jody Freeman, who served as the White House's counselor for energy and climate change from 2009-2010, and is a professor and director of the Environmental and Energy Law Program at Harvard Law School.
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