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News@Law, 05/23/2018

News@Law is a selection of the day's news clips regarding Harvard Law School.
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The Harvard Gazette
A plan to pay it forward, each step of the way
Raj Salhotra, who will graduate with a J.D. from Harvard Law School (HLS), has always had mentors to show him the way — from his parents to professors to politicians in his native Houston. But Salhotra, 27, knows not everyone is so lucky. And he has a plan to help those less fortunate. “The responsibility of privilege is to pay it forward,” Salhotra said..Salhotra has distinguished himself at HLS, said Mark Jefferson, the School’s director of Community Engagement and Equity. Jefferson, who has known Salhotra throughout his Harvard career, said he is naturally inquisitive and respected by classmates for his ability to make connections. “I think Raj has a unique combination of keen intellectual ability and real emotional intelligence,” Jefferson said.
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Holy Wars, American Style
An op-ed by Cass Sunstein. There has been a great deal of discussion of social division and polarization in recent times, but those terms are inadequate. What besets the United States is much worse. Both the right and the left are increasingly defined by a form of Manichaeism, in which the forces of light are taken to be in a death struggle with the forces of darkness. We are in a Manichaean moment.
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This Is What a More Conservative Supreme Court Looks Like
An op-ed by Noah Feldman. Wondering what will happen if Justice Anthony Kennedy retires and President Donald Trump gets to pick his successor? The U.S. Supreme Court on Monday gave a good preview of that possible conservative future. In an extraordinary decision, the court barred workers from bringing collective legal action against employers if their employment contracts require individual arbitration instead. Seen purely in terms of politics, the 5-4 outcome reflected the struggle between the pro-management conservative majority and the pro-labor liberal minority. Employers don’t want class actions filed against them. By making employees sign agreements that require individual arbitration of disputes, businesses can now be sure that they won’t be taken to court when they’ve shortchanged many employees minimally — even if the collective loss to employees is significant. From the perspective of employers, the decision is a major win.
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The Harvard Crimson
Breaking With ‘Tradition,’ Harvard Faculty Avoid Trump Administration
When Harvard Law School Constitutional Law Professor Laurence H. Tribe ’62 learned that Barack Obama—one of his “best students”—had been elected president of the United States, he reached out immediately to the President-elect to discuss how he might be of service. “The decision that we made together, with [former U.S. Attorney General] Eric Holder, was that I would leave Harvard for a little while and start up a new office in the Department of Justice on an understudied and underfunded but really pervasive problem—access to justice,” Tribe said...Tribe was not alone in his decision to head to Washington. Several members of the Faculty of Arts and Sciences, as well as professors from the Law School and the Kennedy School, also left Harvard to take on administrative positions following Obama’s election. In stark contrast, very few Harvard faculty have joined the administration of President Donald Trump.
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The Harvard Crimson
At Harvard Law School, A Push Toward Public Service
...Pete D. Davis ’12 [`18], who will graduate from the Law School this month, authored a report on public interest offerings at the school that has since gained widespread attention. The report, timed to coincide with the Law School’s 200th birthday, argues that while public service opportunities have increased and more graduates are opting for careers in the public sector, the school still has an obligation to further incentivize its graduates to pursue careers in public service...In an email, [John] Manning wrote that the Law School is “deeply committed to public interest” and that they “dedicate vast and growing resources to support that commitment.” Manning also pointed to statistics indicating that students in the JD Class of 2018 spent 637 hours on average performing pro bono work during their time at Harvard—more than 12 times the requirement of 50 hours. In this class alone, students logged 376,532 hours of pro bono service, according to Manning...Kenneth H. Lafler, assistant dean for student financial services at the Law School, wrote that LIPP “is among the most flexible and generous loan repayment assistance programs in existence.” “One of LIPP’s many advantages is that it allows graduates to choose when to enter and leave the program,” he added.
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The Harvard Crimson
No Need to be ‘Flashy’: How Harvard Advertises Itself
Harvard spent $16.4 million on advertising in 2016, tax filings show—enough to book three 30-second primetime spots on Fox’s broadcast of Super Bowl LII. But the chances of Harvard actually purchasing such an advertisement are low. Walking around Harvard Square and the Greater Boston area, prospective students and tourists are hard pressed to find the typical trappings of such a sizeable budget—billboards branded with the University’s crest or posters emblazoned in crimson. In many ways, the Harvard name sells itself, according to Law School Director of Executive Education Scott A. Westfahl. Even the University’s newer revenue-generating programs, including executive education and the summer school, benefit from the brand. “I think the hardest part of my job is knowing that the Harvard brand is incredibly powerful,” Westfahl said. “We have to exceed expectations that are already really, really high.”
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The Harvard Crimson
An Inflection Point: High Stakes as Harvard Admissions Trial Approaches
Almost 50 years after former University President Derek C. Bok’s administration instituted a novel framework for promoting racial diversity throughout the University’s schools, the question of whether Harvard can—or should—pursue race-conscious admissions policies remains unanswered in the national discourse. As the University faces a lawsuit in federal court over their admissions policies from one direction and an investigation led by the Justice Department into these policies from another, the legacy of Bok’s efforts at diversification is on the line, according to University lawyers and affiliates...Michael J. Klarman, a professor of constitutional law at Harvard Law School, said the department’s public, formal intervention in a high-profile affirmative action case is in line with previous Justice Department actions. “I don’t think it’s unusual for an administration to weigh in on an important affirmative action case,” Klarman said. “The Reagan administration certainly weighed in against race-based affirmative action. The Carter administration had a decision on Bakke, which was the first of the affirmative action cases of the Supreme Court.”
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What If The NFL Were Regulated By OSHA?
Last month, 253 men got new jobs. The process was highly publicized, and employers announced new hires to an audience of millions on live television. It’s likely that no one in the Cowboys’ stadium, where the 2018 NFL Draft took place, was thinking about them that way, though...But in the eyes of the law and regulatory systems, professional football players are, in fact, employees of the NFL. That means that the Occupational Safety and Health Administration (OSHA), which is responsible for overseeing and intervening in health risks to employees, could technically step in and issue rules and regulations to reduce the potential harm caused by the work they do—which, in this case, is play football. “The NFL is many things,” says Glenn Cohen, a professor of health law and bioethics at Harvard Law School. “It’s also a workplace, and it ought to be regulated the way other workplaces are.”
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The Washington Post
The very real risks posed by Trump’s use of a cellphone
...Politico reports that Trump uses two iPhones. One is Twitter-only. The other only allows him to make calls. Both are customized, issued by the White House department responsible for securing administration telecommunications. One problem identified by Politico, though, is that the Twitter-capable phone wasn’t swapped out on a monthly basis, as requested by Trump’s security team....Security expert Bruce Schneier spoke by phone with The Post and explained why, even if he adhered assiduously to those precautions, the likelihood that Trump’s communications have been compromised is high. If Trump’s calls-only device was a standard iPhone, there’s little question about it. The odds of a foreign adversary having gained access to such a device, according to Schneier? “One” — meaning 100 percent, he said. “The question is how many foreign powers.” The president could assume, he said, “that anything said on unsecured phones is known by — name your top six intelligence agencies.”
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