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News@Law, 11/03/2015

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

Tablet
Harvard Establishes Jewish and Israeli Law Program
Thanks to a generous gift from Mitchell R. Julis, one of America’s most successful hedge fund managers, Harvard Law School announced today the launch of the Julis-Rabinowitz Program in Jewish and Israeli Law. The new initiative will fund visiting scholars and fellows, hold classes devoted to traditional Jewish legal texts, host an annual conference, and organize events related to “the impact and study of Jewish law in Israel, in the United States, and across the world.”...The Harvard program’s director will be Noah Feldman, the Harvard law professor and public intellectual best known for helping to write the Iraqi constitution in the aftermath of Operation Iraqi Freedom. “Jewish law and Israeli law are distinct and different,” Feldman said, explaining the rationale for the new center, “yet they also interact and make claims on each other. It makes sense to study them both in the same program, even as we study them independently.” The Julis gift, he added, “gives us a broad ambit to bring in a wide range of voices to explore these fascinating and rich topics from all sides.”
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The Boston Globe
Harvard law professor ends bid for presidency
Harvard law professor Larry Lessig said Monday he is ending his bid for the Democratic presidential nomination. Lessig blamed the demise of his nearly three-month campaign on the Democratic Party, which he says leaves him ‘‘just shut out’’ of the primary debates. He struggled to hit 1 percent in national polls, the necessary marker to qualify for the primary matchups. ‘‘I may be known in tiny corners of the tubes of the Internet, but I am not well-known to the American public generally,’’ he said in an online video released Monday.
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Bloomberg BNA
Trying to get an environmental case to the Supreme Court? Good luck!
Harvard Law School professor Richard J. Lazarus says environmental cases often are treated with disdain by U.S. Supreme Court justices. Convincing the court to review environmental cases is “really hard,” Lazarus said while speaking to the American Bar Association’s Section of Environment, Energy and Resources fall conference Oct. 30 in Chicago. Last term, the justices decided 66 cases on the merits, out of approximately 8,500 cert petitions submitted to the court—a little less than 1 percent—Lazarus said, noting the “steady, downward trend” of merits review...Your chances of Supreme Court review are even worse if you’re an environmental case because the justices don’t like them, Lazarus said. “Everyone in this room, we share something in common that the justices don’t share,” Lazarus told the ABA audience. “We like the Clean Air Act, we like the Clean Water Act, we like RCRA, we like CERCLA. It makes our hearts go pitter-patter. The justices don’t.”
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PRI
The future of the Internet as a place for an open exchange of ideas is very much up in the air
According to the latest edition of Freedom House's annual Internet Freedom Report released this week, digital civil liberties have been curtailed across the globe for the fifth year in a row. There are now more countries with a heavily censored Internet than there are ones with a completely free Internet....But America isn’t first, second, or third on Freedom House’s list. Rather, the US takes the fifth spot after Iceland, Estonia, Canada, and Germany. “The US is not quite first on the list, but we’re very high up, and we are among the countries treated as ‘Free’ by Freedom House,” says Susan Crawford, a professor at Harvard Law School and director of the Berkman Center for Internet and Society. “The important thing the report is telling us is that for many countries in the world — 32 of them they point to — freedom has been constrained over the last year when it comes to the global interoperable Internet.”
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WGBH
Law & Order Caucus, Situation In Syria & The Fight To Amend The Constitution (video)
Harvard Law School Professor Ron Sullivan, Former Middlesex Assistant DA Brad Bailey and Former Massachusetts Bar Association President Marsha Kazarosian talk the war on drugs and prison releases.
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The Wall Street Journal
Donald Trump’s Line on Iraq Is the Harvard of Harvard Comparisons
Describing something as the Harvard of its field is usually a compliment. But that wasn’t quite Donald Trump’s intent when he called Iraq the “Harvard of terrorism” during a recent appearance on CNN...Harvard Law Professor and terrorism expert Jack Goldsmith – perhaps the person best equipped to respond to the presidential candidate’s analogy – said he had no words for the analogy. “It is a silly comment,” he wrote by email.
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The National Law Journal
Record Number 10 Supreme Court Clerks Head to Jones Day
Ten U.S. Supreme Court law clerks from last term have joined Jones Day as associates, the firm announced Monday, topping its record-breaking number of seven clerk hires last year...“Ten Supreme Court clerks from one term going to a single law firm is unquestionably a stunningly large number,” Harvard Law School professor Richard Lazarus told The National Law Journal. Lazarus, who has written extensively about modern Supreme Court practice, said “when the numbers get so high—in terms of the bonus itself and the numbers of hires going to one firm—it unavoidably raises concerns about what is being purchased and the meaning of public service.”
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Institute for War and Peace Reporting
ICC Prosecutor Seeks Investigation of Russia-Georgia War
More than seven years after Georgia’s war with Russia, the prosecutor of the International Criminal Court in The Hague has asked judges to authorise an investigation into war crimes and crimes against humanity committed during the conflict....Alex Whiting, a Harvard law professor, previously worked in the Office of the Prosecutor at the ICC and also acted as an external expert for the August Ruins report. He explained to IWPR why the ICC prosecutor was taking action now. “I think that the ICC could have demonstrated earlier that there would be no domestic prosecutions and that therefore the investigation would be admissible at the ICC, but two factors made the court take its time. First, the court is extremely busy and stretched for resources, so there is a backlog of cases to be investigated. Second, it was clear that neither Russia nor Georgia was eager to have an investigation – although Georgia is a state party to the Rome Statute, it never asked the ICC to investigate crimes from the war – and therefore the Court knew that the investigation would be difficult and the chances of success diminished,” he said.
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The Campaign Legal Center
Campaign Legal Center Brief Urges Supreme Court to Reject Challenge to Arizona Commission’s Redistricting Plan
Today, the Campaign Legal Center filed an amici brief in the U.S. Supreme Court in Harris v. Arizona Independent Redistricting Commission on behalf of former Justice Department attorneys in support of the Commission and its redistricting plan. The brief emphasizes that the state commission was fully justified in drawing districts, with minor population deviations, that complied with Section 5 of the Voting Rights Act...Former U.S. Solicitor General Charles Fried, a CLC Board member, and Mark Posner, a former DOJ official, co-authored the brief.
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Bloomberg
You’ve Got the Wrong Guy. Can I Sue?
An op-ed by Noah Feldman. Can you sue a company in federal court for publishing false information that might affect your credit score? Congress says yes. But the Supreme Court seriously considered the possibility Monday that Congress lacks the authority to create that right to sue if you haven't suffered a concrete injury. The issue has far-reaching consequences for your rights and expectations of accuracy in the information economy. Everyone from Experian to eBay has weighed in with friend-of-the-court briefs. There's also a right answer -- but no guarantee the court will reach it.
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