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News@Law, 10/27/2015

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

The New York Times
Keeping the Poor Out of Jail (video)
Two Harvard Law graduates are taking on the justice system by focusing on local courts and policies that often land the poor in jail. Traveling to Tennessee, they aim to end private probation abuses. [Including interview with intern Mark Verstraete `16.]
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A Black Hole for Americans’ Rights Abroad
An op-ed by Noah Feldman. Can an American detained and allegedly tortured by the FBI at black sites outside the U.S. sue for damages? A panel of the U.S. Court of Appeals for the D.C. Circuit said no last week, on the ground that the violations of the citizen’s rights took place abroad. The distinction is mistaken, and the decision is wrong. The Constitution should protect the rights of U.S. citizens against the illegal actions of U.S. government no matter where they happen to be.
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Bloomberg View
How to Fight Blood Diamonds? Mandatory Disclosure.
An op-ed by Cass SunsteinAt least in theory, one of the best ways for Congress to protect consumers and investors is by requiring companies to disclose information. Credit card providers must inform you about potential late fees; new cars are sold with fuel-economy stickers; calorie labels are being required at chain restaurants. The Consumer Financial Protection Bureau even has a slogan, which orients much of its work: Know Before You Owe. Last August, an unreasonably aggressive ruling from a three-judge panel of a federal court of appeals cast doubt on the constitutionality of such disclosure requirements. The full court is now deciding whether to review the panel’s decision. If it refuses to do so, the Supreme Court should intervene.  
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The New York Times
Lawrence Lessig’s Presidential Bid Endures in Relative Obscurity
He is a luminary in the world of cyberlaw, a star Harvard professor with a résumé a hundred pages thick, and a sensation on the thought leader circuit. But even though he has raised more than $1 million for his presidential bid, Lawrence Lessig, who is mounting a quixotic campaign for the Democratic nomination, is struggling to get noticed...“Larry’s a terrific guy, but I don’t think that because you have a very important project, that therefore you should be in charge of all the millions of things the president is in charge of, including foreign policy,” said Charles Fried, a conservative Harvard Law School professor who gave Mr. Lessig $100 anyway. Alex Whiting, a Harvard Law professor who was best man at Mr. Lessig’s wedding, was surprised last summer when they sat on a boat in New Hampshire and his old friend revealed his plans to run for president. While highly intelligent, he said, Mr. Lessig does not have the chatty demeanor of a regular politician, and Mr. Whiting said he worried about the toll the campaign could take. “I think it’s been frustrating for him,” Mr. Whiting said. “He’s brilliant and offers new ways of thinking about familiar problems, but ideas don’t always carry the day.”
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RTO Insider
Legal Debate over Clean Power Plan Takes Center Stage
For months, supporters and detractors of the Environmental Protection Agency’s Clean Power Plan have been debating whether the carbon reductions are too stringent or not tough enough; whether it will compromise reliability; whether it will save struggling nuclear power plants. With Thursday’s publication of the rule in the Federal Register, another question took center stage, one whose answer could make the others academic: Does EPA have the legal authority to do what it did?...Panel moderator Kate Konschnik, director of the Harvard Environmental Policy Initiative, disagreed, saying that EPA has previously issued rules that “caused certain units to shut down.” “In particular, that was squarely at issue in a D.C. Circuit case about the cement kiln industry in the 1970s — that one type of cement plant would cease to exist because of the standards,” she said.
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