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News@Law, 10/15/2015

News@Law is a selection of the day's news clips regarding Harvard Law School.
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The Harvard Crimson
Document Offers Insight Into Harvard’s Sexual Assault Policies
Students accused of violating Harvard’s sexual harassment policy may turn to attorneys as their personal advisers, and if they successfully appeal investigators’ decision in their case, a body of faculty and senior administrators will rehear it, according to a new document clarifying Harvard’s handling of complaints. On Monday, following heavy scrutiny, administrators with Harvard’s central Title IX office released a 10-page Frequently Asked Questions document offering more details about the University’s policy and procedures governing its response to sexual assault on campus...According to Jeannie C. Suk, a Law School professor and vocal critic of Harvard’s central Title IX framework, representatives from Harvard’s Office of the General Counsel in fall 2014 had indicated plans to release an FAQ document about the policies. Officials also consulted Law faculty members when crafting them, according to Karvonides. The guidance document released Monday seems responsive to many of Suk and her colleagues’ criticisms. “These FAQs show that the University can listen to reason on this sensitive and controversial topic,” said Janet E. Halley, a Law School professor who has led an effort at Harvard and across the country challenging what she argues is the federal government’s overzealous approach to Title IX compliance...“I think they have actually addressed the worst problems on the substantive policy side,” said Elizabeth Bartholet, one of 28 Law School faculty members who signed a letter slamming the policy last year in The Boston Globe. In particular, Bartholet praised the document’s clarification of the difference between “incapacitation” and “intoxication,” as well as its affirmation of protections for academic freedom.
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Why the Justices Care About Your Electric Bill
An op-ed by Noah Feldman. When I clerked on the D.C. Circuit in the 1990s, my friends and I dreaded getting “FERC-ed,” which was what we called being assigned a case involving the Federal Energy Regulatory Commission. The very word FERC can still give me a nightmare in which I’m chased through an endless pipeline by relentless administrative lawyers. On Wednesday, the U.S. Supreme Court was FERC-ed, in a case that asks whether the agency is allowed to pursue a plan to pay consumers not to use electricity at peak hours. Although the topic the justices discussed is technical and complex, the bottom line isn’t: The case is a conflict about federalism, in the guise of a fight about the meaning of a federal law.
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The Huffington Post
Arne Duncan’s Proposal to Redirect Incarceration Funds to Education Is Right on the Money
An op-ed by Johanna Wald. U.S. Secretary of Education Arne Duncan recently proposed to redirect $15 billion from correctional facilities toward increasing teachers' salaries in high poverty schools. Unfortunately, because his suggestion came just days before he announced his resignation, this proposal risks being dismissed as some kind of a Hail Mary; an attempt to be provocative on his way out the door. He even suggested as much, when he stated "I want to lay out an idea today that will strike some as improbable or impractical." Actually, his idea is neither. It is both practical and eminently plausible. With the right kind of leadership and advocacy, it might even become probable.
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