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News@Law, 09/24/2018

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

Bloomberg
Rosenstein Must Go, So Mueller Can Stay
An op-ed by Noah Feldman. The revelation on Friday that the deputy attorney general, Rod Rosenstein, considered wearing a wire to record President Donald Trump and discussed trying to get the cabinet to invoke the 25th Amendment to remove him is more than merely astonishing. It has consequences.
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NECN
Harvard Law Students Protest Kavanaugh’s Upcoming Course (video)
Far from the Supreme Court debates raging in Washington, four Harvard Law School students are taking a stand. "There should be a real, full, and fair investigation before Judge Kavanaugh teaches here," Sejal Singh [`20], a Harvard Law Student, said Saturday. According to Harvard's website, Supreme Court nominee Brett Kavanaugh is scheduled to teach a course this winter entitled, " The Supreme Court since 2005." "I think Harvard Law School does a responsibility to investigate given that Judge Kavanaugh is on their payroll," Vail Kohnert-Yount [`20]said Saturday.
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The Toronto Globe and Mail
Kavanaugh confirmation fight is a stark symbol of social and cultural divide
...This week, the Kavanaugh matter is a stark symbol of a social and cultural issue that roiled the country and created the #MeToo movement long before the nominee’s name was known outside legal circles...‘’Turning the Supreme Court into an instrument of polarized politics,’’ Martha Minow, the former dean of the Harvard Law School and now the occupant of a prestigious endowed chair there, said in an interview, ‘’is bad for the country, bad for the rule of law and bad for everyone.’’...‘’The political and the personal have become entwined precisely at the nexus of the #MeToo movement with issues like sex equality in the workplace and in matters of reproduction and abortion,’’ said Laurence Tribe, a onetime Supreme Court clerk who is a prominent Harvard Law expert in constitutional law. The result, he said, was ‘’the first occasion in our history in which the long-term legal stakes of a particular nominee’s confirmation and the issues of character and attitude presented by an explosive personal accusation profoundly overlap.’’
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Law.com
Amid Kavanaugh Clash, Law Profs Say Appearance Has No Place in Clerkship Recruiting
Richard Lazarus has advised hundreds of clerkship hopefuls during his seven years on the faculty at Harvard Law School, and the 15 years he spent at Georgetown University Law Center before that. Never once has he broached the subject of appearance with a student in regards to landing the job. That’s not entirely true. There was the time many years ago when he asked a female student, after the fact, whether she had removed her facial piercings for an interview with a federal appellate judge. “I recall she looked at me quizzically and exclaimed something like, ‘Of course! I wanted to get the clerkship!’” Lazarus said. “Which she in fact did secure and she has since enjoyed a wonderfully successful career, first at the U.S. Department of Justice and later as a tenured law professor.” Lazarus and others said that urging law students to look a certain way to appeal to a hiring judge—as prominent Yale Law School professor Amy Chua is said to have done with female students seeking clerkships with U.S. Supreme Court nominee Brett Kavanaugh—isn’t standard practice.
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The Harvard Crimson
Students, Alumni, Faculty Gather for Inaugural Harvard College Latinx Convocation
Upperclassmen, alumni, and faculty travelled to and from the podium of Memorial Church Sunday afternoon for the College's first Latinx Convocation themed “Mis Raices, Mi Communidad.”...Dianisbeth M. Acquie ’16, a second-year Law School student and Lowell House resident tutor, said she was involved with the Latinx community during her time as undergraduate, including as vice president of Fuerza Latina. In her speech, she told first-year students that it was “remarkably brave” to leave their homes and chase that “beautiful dream” at Harvard. “There is a shirt I’ve seen before, and it reads, ‘I am my ancestor’s wildest dreams.’ And it’s true. I am. You are.”
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Bloomberg BNA
Understanding the Post-Tax Cuts Buybacks Surge: A Primer
Much debate over the effectiveness of the 2017 tax overhaul has centered on corporate buybacks, and as November elections approach, that debate is sure to heat up....But a big chunk of repurchases among the S&P 500 is offset by new equity—$3.3 trillion worth between 2007 and 2016, versus $4.2 trillion in buybacks over the same period, according to a Sept. 4 paper from Harvard Law School professor Jesse M. Fried and Harvard Business School professor Charles C. Y. Wang. The S&P 500 may spend $1 trillion on repurchases in 2018, Fried told Bloomberg Tax, “but they’re probably going to have $500 billion to $600 billion in equity issuances.” The focus on the S&P 500, he said, ignores the many young, growing businesses that employ a much larger slice of the workforce and tend to issue far more shares than they’re paying out.
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E&E News
EPA toxin move helps industry a little. But at what cost?
...Roughly 5 percent of U.S. coal capacity is scheduled to retire this year, while Energy Department figures show that domestic coal consumption in the power sector slumped to a three-decade low in 2017 (Climatewire, March 15). "They're basically trying to stop the bleeding," said Ari Peskoe, director of Harvard University's Electricity Law Initiative. "But they still can't stop their ultimate death."
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