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News@Law, 10/09/2015

News@Law is a selection of the day's news clips regarding Harvard Law School.
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Randall Kennedy On ‘In Defense Of Respectability’ (video)
Harvard Law Professor Randall Kennedy recently wrote a cover story in Harper’s magazine called "In Defense of Respectability." In it, he lauds the peaceful tactics of the civil rights movement, and he has some criticism for the tactics groups like Black Lives Matter have been using lately, criticism that’s not been well received by everyone.
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Steve Wynn’s Inventive Casino Law Suit: Experts Say It’s A Gamble
Wynn Resorts and supporters of their plan for a casino in Everett are lashing out in their ongoing feud with the city of Boston. About two dozen Supporters of a planned casino project in Everett gathered outside Boston City Hall Wednesday to protest the city’s ongoing legal fight against the casino plan...The protest comes after Wynn filed a libel lawsuit over press leaks. The suit doesn’t actually name a defendant, but Wynn wants to know how the media obtained a city subpoena of Wynn before it was even served. That subpoena alleges Wynn knowingly made illegal deals for the Everett land with a convicted felon. Wynn says that’s untrue, but Harvard University law professor John Goldberg says the case is an uphill battle for Wynn, since the contents of legal proceedings can’t be considered libel. “And then the only question is whether repeating those privileged contents in some other circumstance would get somebody in trouble, and I think that’s very unlikely.”
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Argument preview: A new look — maybe — at life sentences for youths
June 25, 2012, has stood as a barrier to potential freedom for thousands of youths who were sentenced before then to life in prison, without a chance of release, for murders they had committed. The Supreme Court several times since then has refused to consider appeals asking that those youths, too, get the benefit of a ruling on that day that such sentences should seldom be imposed. The Justices have now taken on that retroactivity issue, in Montgomery v. Louisiana...The most provocative amicus brief is the one filed by Harvard Law School’s Charles Hamilton Houston Institute for Race and Justice and its Criminal Justice Institute. Taking no position on either issue that the Court will be reviewing, that brief cited “the national turn away from” juvenile life-without-parole sentences (nine states have abandoned it in the past three years and it is “exceedingly rare” everywhere else), and asserted that the Court should take on the basic question of whether to flatly prohibit all such sentences for juveniles under the Eighth Amendment.
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The Washington Post
Oklahoma may have used the wrong drug to execute an inmate this year
Oklahoma may have used the wrong drug during an execution in January, just days before the U.S. Supreme Court agreed to hear a case challenging the state’s lethal-injection protocol, officials said Thursday...Opponents of Oklahoma’s death penalty called Thursday for more information about what happened. Charles J. Ogletree Jr., a professor at Harvard Law School and prominent critic of the death penalty, said the Justice Department should investigate the situation.
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The Wall Street Journal
Voices from the Grave
In 1931, Oliver Wendell Holmes Jr., the oldest person ever to sit on the U.S. Supreme Court, turned 90. By then the seemingly ageless judge was widely regarded as a national treasure, so CBS marked the occasion with a prime-time birthday tribute in which he spoke briefly from his home in Washington...Three years ago the Harvard Law School Library, where Holmes’s papers are housed, launched an online “digital suite” ( that allows anyone with a computer to access its digitized 100,000-document collection of Holmesiana...I got in touch with Harvard a few months ago and suggested that they post the broadcast online, and now they’ve done so at (You’ll need to download RealPlayer to play the file.) To read what Holmes said on that long-ago evening is to be stirred to the marrow. But to actually be able to hear it—to listen to the tremulous yet dignified voice of a man who met Abraham Lincoln and was wounded three times in the Civil War, then spent the better part of three decades sitting on the U.S. Supreme Court—is an experience of another order altogether.
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