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News@Law, 11/17/2015

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
G.O.P. Governors Vow to Close Doors to Syrian Refugees
Republican fury over illegal immigration and border security took on a new dimension Monday as a growing number of governors, presidential candidates and members of Congress rushed to oppose or even defy President Obama’s plan to resettle 10,000 Syrian refugees. Twenty-five Republican governors vowed to block the entry of Syrian refugees into their states, arguing that the safety of Americans was at stake after the Paris attacks by terrorists including a man who entered Europe with a Syrian passport and posed as a migrant...Governors can ask the State Department, the primary agency managing the refugee program, not to send Syrians to their states. But some legal scholars were adamant that the governors’ efforts to bar Syrians on their own were unconstitutional. “This is an exclusively federal issue,” said Laurence H. Tribe, a professor of constitutional law at Harvard University. “Under our Constitution, we sink or swim together,” he said.
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Reuters
U.S. Republicans seek to shut door on Syrian refugees after Paris
More than a dozen state governors refused on Monday to accept Syrian refugees after the Paris attacks, part of a mounting Republican backlash against the Obama administration's plan to accept thousands more immigrants from the war-torn country. Leading Republican presidential candidates called on President Barack Obama to suspend the plan to accept 10,000 Syrian refugees in the coming year and some Republican lawmakers began moves in Congress to try to defund the policy..."The federal government has the power over immigration. If they admit Syrian refugees, they're here," said Deborah Anker, a professor of law at Harvard Law School who specializes in immigration issues. "People aren't going to the (state) border. The federal government is going to bring them in."
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Time
Jack Goldsmith: Obama’s Failing National Security Legacy
An op-ed by Jack Goldsmith. Friday’s gruesome terrorist attacks by the Islamic State in the heart of Paris mark the latest setback in President Obama’s seven-year effort to end the wars and reverse the counterterrorism policies of his predecessor. Many will claim that the attacks are traceable to the President’s failed policies against the Islamic State, and to his related hesitancy in managing the implosion of Syria. The day before the attacks, the President sanguinely told ABC’s George Stephanopoulos that the Islamic State had been “contained.” That claim having been repudiated in dramatic fashion, the President immediately faced pressure to ratchet up the fight against the Islamic State.
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Little for Students in ‘Historic’ Settlement of Education Management Case
For all the claims that the $95.5-million settlement, announced on Monday, of a federal false-claims lawsuit against the Education Management Corporation was "historic," "unprecedented," and "a very clear warning to other career colleges out there," the deal actually won’t do a whole lot for the thousands of students who may have been pressured to enroll by the company’s admissions recruiters over the past decade. In fact, some of the biggest financial beneficiaries will be the lawyers for the four sets of whistle-blowers who brought the allegations of "boiler room"-style recruiting to light, beginning in 2007...In exchange for having broken laws, "the company agrees not to break the law going forward? None of this sounds like remedy to me," said Toby Merrill, director of the Project on Predatory Student Lending, at Harvard Law School. "The company has taken billions of federal funding and distributed that to its executives and shareholders," but students will see very little of it, Ms. Merrill said.
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The Harvard Crimson
Federalist Society Hosts Fossil Fuel Debate
Alex Epstein, president and founder of the for-profit think-tank Center for Industrial Progress and author of “The Moral Case for Fossil Fuels,” argued for the use of fossil fuels on Monday in Harvard Law School’s Wasserstein Hall. Aladdine Joroff, a clinical instructor and staff attorney in the Emmett Environmental Law and Policy Clinic at the Law School, spoke after Epstein and gave a rebuttal. The event was hosted by the Harvard Federalist Society, a student-run organization for conservatives, moderates, and libertarians....In her rebuttal, Joroff asserted that opponents of fossil fuel usage want to transition to a cleaner energy supply, not remove the existing energy supply.“From a moral perspective, I’d argue that we have an obligation to pursue feasible alternatives now,” she said. Trenton Van Oss [`17], vice president of speakers for the Federalist Society and one of the hosts of the event, said he was pleased with the proceedings.“[T]hat’s part of our mission at the school, to provide students with points of view that they might not get in the classroom or at other events,” he said. “Alex did that, and Professor Joroff offered a great response.”
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Bloomberg
Missouri’s Next Free-Speech Fight
An op-ed by Noah Feldman. As if the University of Missouri didn't already have enough problems, State Senator Kurt Schaefer is trying to block a research study by a graduate student in the School of Social Work. The senator, who’s a one-man scourge of Planned Parenthood, is claiming that the study violates a Missouri law that bars spending state funds to encourage abortion. Schaefer’s effort blatantly violates academic freedom. If it succeeds, it might possibly violate the First Amendment.
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Bloomberg
Republicans Who Fault the Media Show Their Bias
An op-ed by Cass Sunstein. For Republican presidential contenders challenged by the media, the go-to answer has become a claim of victimhood: You are biased against us. As Marco Rubio put it at the CNBC debate last month, “The Democrats have the ultimate super-PAC. It’s called the mainstream media.” Are media outlets really biased against Republican candidates? One of the most careful studies, by Matthew Gentzkow and Jesse Shapiro of the University of Chicago, doesn’t find much evidence of that. Its central conclusion is that readers have a strong preference for like-minded news -- and that newspapers tend to show a slant in a direction that is consistent with the preferences of their readers.
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Miami Herald
FSU president Thrasher: CNN decision to air ‘Hunting Ground’ documentary is inexcusable
The president of Florida State University condemned CNN’s upcoming airing of a film that explores sexual assault on college campuses, saying it does not adhere to journalistic standards. As a result, FSU president John Thrasher is refusing to participate in a televised panel discussion on CNN to talk about the film, The Hunting Ground. “It is inexcusable for a network as respected as CNN to pretend that the film is a documentary rather than an advocacy piece,” Thrasher wrote in a statement that was distributed Monday...A group of 19 Harvard Law School professors have come out against the film and its portrayal of a case involving a Harvard student. The professors, in a letter, wrote that the film “provides a seriously false picture both of the general sexual assault phenomenon at universities and of our student.”
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The Wall Street Journal
Reporter’s Phablet: Here Are the Next Billion Ideas on How Mobility Can Change the World
The arrival in mid-2007 of what we now regard as the smartphone was that rarest of moments in technology, a true, full-on revolution. The center of that revolution was the upper end of the U.S. consumer market. Now, it’s bringing billions of people in the developing world online for the first time, creating some startling challenges and opportunities, a few of which surfaced Monday at Quartz’s Next Billion forum. Here are some highlights....Harvard Law School professor Lawrence Lessig, who unsuccessfully sought the Democratic presidential nomination with a campaign based on Congressional reform, reminded the audience that he was branded a “Cassandra” 15 years ago for warning that the Internet could lead to a world in which everyone’s moves were tracked and privacy was compromised. “I am sorry that Cassandra was right about the Internet. But I am hear to tell you today that Cassandra is back,” he said. Paraphrasing Aaron Swartz he said, “The Internet is the best influence and the worst. It is both.”
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The Boston Globe
Baker’s stance on refugees draws ire of immigration groups
Governor Charlie Baker joined more than two dozen other governors Monday who said they did not want Syrian refugees to resettle in their states, citing security concerns after the deadly terrorist attacks in Paris....Under federal law, the president, after consulting with Congress, sets the number of refugees admitted every year and the government works with the United Nations and nonprofits to resettle refugees around the United States. “Neither Massachusetts nor any other state can fence Syrian refugees out of the state,” said Laurence Tribe, a Harvard constitutional law scholar. “We are a union and must sink or swim together.”
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