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News@Law, 09/27/2018

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

Teen Vogue
An Asian-American Harvard Student Defends Affirmative Action
An op-ed by Ivy Yan `20. The last time I went back to China, I had just graduated from high school and was starting college at Harvard in the fall. We arrived in the city of Baotou at the beginning of June, just in time to catch the annual spectacle of the Gaokao, the national college entrance exam that determines where students can go to university, if at all...Despite the discomfort of growing up Chinese in suburban Indiana, I couldn’t help but feel thankful that my path to college in the United States involved fewer do-or-die moments.
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CBC
Is Canada’s trade outreach to China driving a wedge into the NAFTA talks?
Donald Trump's trade representative said Tuesday that "a fair amount of distance" remains between the Canadian and U.S. sides in the NAFTA talks — but it was pretty obvious that it's China, not Canada, dominating Robert Lighthizer's thoughts lately...."Given the Trump administration's goal of closing transshipment loopholes, it shouldn't be altogether surprising that the U.S. is seeking for its free trade partners to apply a like-minded approach toward so-called non-market economies," said Mark Wu, a professor at Harvard Law School who studies the strategy of state-owned industries in China. "Without it, there's the danger that foreign producers benefiting from unfair trade practices could use a revised NAFTA as a back door to circumvent U.S. tariffs."
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The Huffington Post
Brett Kavanaugh’s Hearing Is An Unprecedented Drama For Both Court And Country
An op-ed by Laurence Tribe. As the battle over Judge Brett Kavanaugh’s Supreme Court confirmation reaches its climax, the cascading emergence of seemingly credible charges of attempted rape, indecent exposure and other forms of sexual misconduct by the nominee has ignited a volatile mix of personal biography, judicial philosophy and national politics. The nation has certainly witnessed dramatic confirmation controversies before, but none has so explosively churned the political and the personal precisely at the nexus of a burgeoning social and cultural movement.
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Bloomberg
Why the Kavanaugh Battle Is at a Tipping Point
An op-ed by Noah Feldman. The Senate Judiciary Committee hearing Thursday, when Supreme Court nominee Brett Kavanaugh and his accuser Christine Blasey Ford will both face questions about her accusations of assault, is going to be hard to watch for different reasons for different people. The cognitive dissonance stems from the fact that the hearing is functioning on two levels that coexist uncomfortably. On one level, the hearing will be a televised capsule of the #MeToo moment, considering allegations of sexual assault against a significant public figure. On another level, the hearing will be pure political theater, one act of many in these hyperpartisan times.
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KARE 11
Balance between protecting alleged victims and the accused
As our community follows developments related to two high-profile men facing accusations of improper conduct with women, KARE 11 sat down with a national expert on sexual assault. Dr. Diane Rosenfeld is the Director of the Gender Violence Program and a lecturer at Harvard Law School. On Wednesday, she offered several insights on the impending hearing involving Judge Brett Kavanaugh and the ongoing reactions to allegations against Rep. Keith Ellison of Minnesota. “We shouldn’t rush to judgment, but we should have some kind of fair process that does not retraumatize someone who comes forward with allegations that are so painful and that reveal such painful and traumatizing incidents,” Rosenfeld said.
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The Washington Post
Trump’s notable ‘obstruction’ concession
In the middle of his lengthy news conference Wednesday at the United Nations General Assembly, President Trump made a somewhat new concession about his conduct vis-a-vis the Russia investigation. “There was no collusion, there was no obstruction,” he said. “I mean, unless you call ‘obstruction’ the fact that I fight back. I do fight back. I really fight back. I mean, if you call that obstruction, that’s fine. But there’s no obstruction, there’s no collusion.”...“I think it would be a real stretch for anyone to include this as evidence of ‘corrupt intent’ or anything like that,” said Harvard Law School professor Mark Tushnet. “On its face, it’s a statement that he is developing a vigorous defense against what he regards as unjustified allegation, and any potential defendant has the right to mount a vigorous defense, and then to tell people that’s what he’s doing.”
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KPFA
The Making of the U.S. Constitution (audio)
According to Professor Michael Klarman “it is important to tell the story of the Constitution’s origins in a way that demystifies it. Impressive as they were, the men who wrote the Constitution were not demigods; they had interests, prejudices, and moral blind spots.” Invocations of divine inspiration for the Constitution by supporters of ratification were, at least in part, a conscious political strategy to maximize the chances of ratifying it.
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The Harvard Crimson
Activists Urge Harvard Law School to ‘Better Prepare’ Students to Support Incarcerated People
The Harvard Black Law Students Association released a statement Wednesday asking the Law School to place greater emphasis on criminal justice and calling on Harvard to steer clear of investing in prisons, among other demands. The group’s public statement — posted on Twitter Wednesday morning — endorses 10 demands issued as part of the National Prison Strike and states the Law School must “work to better prepare its students to support the plight of incarcerated people.”...Roughly 30 students gathered at the Law School three weeks ago to hold a demonstration in support of the strike. In an interview Wednesday, Lauren D. Williams, president of BLSA, said the group must continue to publicly back the cause. “I think it’s important that we as an organization stand by this cause because a lot of our work that we have done in school is really connected to this kind of work, and especially when we’re looking at a system that disproportionately impacts black and brown people,” Williams said...Emanuel Powell, one of the co-chairs of the Powerfully Utilizing Law School Educations for Political and Social Justice Committee — a subcommittee of the Harvard Black Law Students Association that organized the demonstration three weeks ago — said the group hopes to use the Harvard name to call attention to the cause. “I think it’s critical... for us to use our platform in support of individuals who are currently incarcerated — to use our platform to elevate their voices,” Powell said.
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The Washington Post
Rosenstein must resist any pressure to cut and run
As of this moment, it is unclear if Deputy Attorney General Rod J. Rosenstein is going to remain in office until the midterms, resign or be fired. If Republicans don’t retain the Senate, there is no telling who would replace him after that. The terms of his departure matter quite a lot. An impressive cross-section of lawyers, ex-governors, Republican loyalists and scholars wrote to Rosenstein this week, essentially pleading with him to stay to continue oversight of the investigation by special counsel Robert S. Mueller III...Another signatory, Laurence Tribe, tells me that how Rosenstein leaves is important, too. “Rod Rosenstein has been a vital defender of our constitutional republic. He is likely to face enormous pressure to cut and run,” he says. “But the man whose dedication to law I have long admired is better than that. If he is to be displaced by a partisan hack, he must make clear that it’s the president who is shoving him aside.”
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South China Morning Post
Work with allies to update WTO rules instead of waging solo trade war, former US officials tell Donald Trump
...Mark Wu, a Harvard Law School professor and former US trade official, said that despite previous US administrations’ complaints, some member countries have been “perfectly happy to let the rules stay as they have been, to the disadvantage or dismay of the US”. “Obviously this administration is taking a very different tack” to previous administrations, said Wu, who was the USTR director for intellectual property from 2003-04. He currently sits on the advisory board of a WTO programme that promotes the understanding of trade among academics and policymakers in developing countries.
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