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News@Law, 10/14/2015

News@Law is a selection of the day's news clips regarding Harvard Law School.
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The Wall Street Journal
Supreme Court Weighs Tough Sentencing in Two Cases
Amid a nationwide debate over tough criminal sentences and overcrowded prisons, the Supreme Court heard appeals Tuesday over harsh punishments that two convicts contend violate the Constitution....Raising the vote count required to impose the death penalty could have significant implications, according to data the Charles Hamilton Houston Institute for Race and Justice at Harvard Law School published last week.
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A Question of What’s Law and What’s Right
An op-ed by Noah Feldman. Giving juveniles mandatory life sentences without the opportunity for parole is an unjust punishment, and the U.S. Supreme Court has ruled it unconstitutional. But that's not enough to get young offenders already sentenced to mandatory life resentenced or released. For the court’s 2011 decision to apply retroactively, the justices would have to deem it a new substantive rule of law. On Tuesday, the justices heard arguments on that question. If they follow the technical logic of their retroactivity rule, things don’t look good for the people incarcerated under a principle that the court now says is cruel and unusual.
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Harvard Gazette
Big data, massive potential
...Across Harvard, faculty members, students, and researchers are examining those questions, engaging the world’s latest information revolution, the one in “big data.”...Jonathan Zittrain, the George Bemis Professor of International Law at Harvard Law School and Harvard Kennedy School, believes that big data — and the algorithms developed to make sense of it — are both exciting and potentially worrisome at the same time, and that thought should be given to who uses it and how...Zittrain, who is also director and faculty chair of the Berkman Center for Internet & Society and is a professor of computer science at the Harvard Paulson School, said the intersection of big data, artificial intelligence, and our always-on world has created interesting moral, ethical, and potentially legal issues. And he believes that the relatively neutral ground of universities is a good place to sort that out.
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The Daily Caller
Little Known Element Of TPP Allows Governments To Take, Destroy Citizens’ Devices
A leaked portion of text from the Trans-Pacific Partnership (TPP) could have serious consequences not only on the average citizen, but also tech specialists who help ensure product safety. According to an Oct. 9 release by WikiLeaks, the intellectual property chapter of the TPP includes language that seems to indicate judges may be allowed to order the confiscation and destruction of devices belonging to citizens...Vivek Krishnamurthy, a Harvard cyberlaw instructor, also told Motherboard that in addition to the effect the treaty will have on the usage of purchased technology by the average citizen, it could could also impact the work of security researchers. Security researchers, also known as white hats, are “ethical hackers” that use their skills to look for weaknesses or flaws in a product in an effort to warn consumers and manufactures of potential problems.
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The Harvard Crimson
Judicial Restraint: Harvard Law School’s Tempered Campaign
When Harvard publicly launched its capital campaign in 2013, it set out for the record books. The first fundraising drive to take place at every school across the University simultaneously, it aimed to raise $6.5 billion, more money than any previous effort not only at Harvard, but in the history of higher education...Except at Harvard Law School. Fundraisers there are preparing to launch the public phase of its segment of the University’s larger fundraising drive on Oct. 23, making it the last of Harvard’s schools to do so. For Steven Oliveira, the Law School’s dean for development and alumni relations tasked with coordinating the effort, this fundraising drive is “awkward.” The school just finished a $476 million capital campaign in 2008, funding major construction, and administrators there are weary of over-soliciting their donors.
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