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News@Law, 10/01/2015

News@Law is a selection of the day's news clips regarding Harvard Law School.
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Right On: John Roberts Is Playing the Long Game
With the Supreme Court poised to reconvene the first Monday in October, let’s clear the air about last term’s supposed turn to the left: It didn’t happen....Laurence Tribe, the preeminent appellate advocate and co-author of Uncertain Justice: The Roberts Court and the Constitution, warns against the entire endeavor of “trying to measure the left/right swing of the Supreme Court by bracketing its annual terms.” Lumping decisions together from one April Fool’s Day to the next would be no less arbitrary. “This is a set of nine justices whose views can best be represented by vectors pointing every which way,” Tribe says.
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Palestinians Tear Up Treaty and Destroy Reputation
An op-ed by Noah Feldman. Palestinian leader Mahmoud Abbas told the United Nations General Assembly on Wednesday that the Palestinian Authority no longer considers itself bound by the Oslo Accords signed with Israel in 1993. Although he didn't specify the details, there is a legal theory that would entitle one party to withdraw from a treaty: a material breach by the other side. Whether Israel in fact has breached the Oslo Accords will no doubt be subject to debate. But regardless of whether Abbas has grounds for the withdrawal, he’s making a long-term strategic mistake. Now and in the future, Israelis skeptical of peace will be able to say that Palestinian leadership can't be trusted to make a treaty and stick with it.
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Bluegrass, Blight, and the Future of Cities
An op-ed by Susan Crawford. Ed Cunningham is the front man and fiddle player for the Comet Bluegrass All-Stars, a band that has been playing every Sunday since 1996 (“except Easter,” he says) at the Comet, a bar in the Northside neighborhood of Cincinnati, Ohio. Thus the name. The All-Stars can be heard, along with Roseanne Cash, on a new album from the Cincinnati Pops Orchestra called “American Originals.” He is also the head of the building code enforcement shop for the City of Cincinnati. That is not necessarily a likely launch pad for a thrilling data initiative that portends a tech renaissance that will shape the future of cities. But I’m here to tell you about Cunningham’s role in a project that does indeed provide that promise. With some help from an amazing program from the University of Chicago.
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The Nation
 Has Child Protective Services Gone Too Far?
...Advocates for families caught up in the child-welfare system hope that the national debate sparked by the free-range parenting movement will draw attention to the threats and intrusions that poor and minority parents endure all the time...Among them is Elizabeth Bartholet, a Harvard Law professor and faculty director of the school’s Child Advocacy Program. Although Roberts once worked as Bartholet’s research assistant, today they represent opposite poles in the debate. Bartholet, a white woman who formerly worked for the NAACP Legal Defense Fund, calls her opponents “extreme family preservationists” who are “putting kids at risk by insisting that, at almost all costs, they stay at home” with abusive or neglectful parents. She maintains that anecdotes about outrageous CPS intrusions are outliers: “More people need to think about all these issues from the point of view of the child.”
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Pope Francis Sends Wrong Message to Kim Davis
An op-ed by Noah Feldman. We already knew that Pope Francis went out of his way while in the U.S. to visit the Little Sisters of the Poor, who object to filling out a form that would guarantee their organization an exemption from providing contraceptive care under the Affordable Care Act. But we found out Wednesday the pope also met with Kim Davis, in an event that did more than just signal support for Catholic conscientious objectors -- he was, unfortunately, giving succor to the very un-Catholic idea that public officials should break laws they don't like rather than resigning to avoid a conflict between faith and professional obligation.
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