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News@Law, 11/16/2015

News@Law is a selection of the day's news clips regarding Harvard Law School.
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The Boston Globe
Achieving equal dignity for all
An op-ed by Laurence Tribe. The principle of “equal dignity in the eyes of the law” articulated by the Supreme Court’s extraordinary same-sex marriage ruling in Obergefell v. Hodges earlier this year — that all individuals are deserving in equal measure of personal autonomy and are entitled not to have the state define their personal identities and social roles — lays the groundwork for an ongoing political and legal dialogue about the meaning of equality and an evolving understanding of the indignities that our Constitution cannot tolerate. In securing these dignitary rights of all people, Obergefell is an important landmark. But it cannot be the last word if Obergefell’s push for equal dignity for LGBTQ individuals is to point a way forward in the unending struggle for equal rights for all. If that doctrine is to signal the beginning of the end for discrimination on the basis of sexual orientation, gender identity, and gender expression – in the workplace, in housing and education, in athletics and public accommodations, in immigration and adoption, and in the construction of families — then the struggle will have to be waged not just in the courts but in regulatory and legislative bodies, as well as in the cultural arena of public discourse.
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The New York Times
Professors Dispute Depiction of Harvard Case in Rape Documentary
The veracity of one of this year’s most talked about documentaries, “The Hunting Ground,” has been attacked by 19 Harvard Law School professors, who say the film’s portrayal of rape on college campus is distorted, specifically when it comes to their school’s handling of one particular case...“The documentary has created an important conversation about campus sexual assault,” said Diane L. Rosenfeld, a Harvard law lecturer who also appears in the film and did not sign the letter. “We need to be rolling up our sleeves and really figuring out what kind of preventative education programs to develop which create a culture of sexual respect.” But in their letter, the law professors, who include Laurence H. Tribe, Randall L. Kennedy and Jeannie C. Suk, said the film “provides a seriously false picture both of the general sexual assault phenomenon at universities and of our student,” specifically a male Harvard law student whose case is included in “The Hunting Ground.”...“This is a young human being whose life has been mauled by this process for years, and now he has to walk around campus with people saying, ‘Oh, you’re a repeat sexual offender,’ and he’s not,” said Janet Halley, one of the letter’s authors. “It’s not a documentary. It’s propaganda."
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Declaring War on Terror Is Good Rhetoric, Bad Policy
An op-ed by Noah Feldman. When French President Francois Hollande said Friday's attacks on Paris were an “act of war,” he was following a script set by George W. Bush in the aftermath of the Sept. 11 attacks. Rhetorically, invoking the language of war to describe a terrorist attack sends a message of seriousness and outrage. But as U.S.’s post 9/11 wars show, it isn’t always wise to elevate a terrorist group to the level of the sovereign entities that traditionally have the authority to make war. This was a mistake with respect to al-Qaeda, but it’s a greater mistake when it comes to Islamic State, whose primary aspiration is to achieve statehood. By saying that Islamic State is in a war with France, Hollande is unwittingly giving the ragtag group the international stature it seeks.
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The Atlantic
Uber Is Not the Future of Work
The rise of Uber has convinced many pundits, economists, and policymakers that freelancing via digital platforms is becoming increasingly important to Americans’ livelihood. It has also promoted the idea that new technology—particularly the explosion of platforms enabling the gig economy—will fundamentally alter the future of work. While Uber and other new companies in the gig economy receive a lot of attention, a look at Uber’s own data about its drivers’ schedules and pay reveals them to be much less consequential than most people assume...The Harvard law professor Ben Sachs has persuasively argued that Uber should be considered an employer and that “workers can choose when and how much to work, and can even work without immediate supervision, and still be employees.” The challenge, then, is to preserve the plainly evident value of Uber’s services while having the company comply with rules that provide adequate consumer, tax, and worker protections.
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