Thursday, April 30, 2015
Why Hillary Clinton Lacks Credibility On Criminal Justice Reform
Yesterday Hillary Clinton delivered what The New York Times called “an impassioned plea to mend the nation’s racial fissures and overhaul an ‘out-of-balance’ criminal justice system.” In a speech at Columbia University, the Democratic Party’s presumptive presidential nominee noted that “the United States has less than 5 percent of the [...]
Incoming Harvard Law students will be offered Harvard Business School’s online courses on business fundamentals
HBX Credential of Readiness (CORe)—the online business fundamentals program launched by Harvard Business School last year to provide a strong foundation in the language and tools of business—will now be offered to entering students at Harvard Law School. Starting in June, CORe will be available on a first-come, first-served basis to applicants admitted to Harvard […]
Harati and Maslow-Armand win 2015 Gary Bellow Public Service Award
On April 20, Harvard Law School honored two members of its community—Donna Harati ’15 and Laura Maslow-Armand ’92—with the Gary Bellow Public Service Award, established in 2001 to recognize commitment to public interest work.
Wednesday, April 29, 2015
'Dolphin Safe' Labels On Canned Tuna Are A Fraud
BY K. WILLIAM WATSON - The label only means that one particular fishing method was not used in one particular part of the ocean.
Tuesday, April 28, 2015
The Supreme Court's Same-Sex Marriage Decision Could Unintentionally Uphold Crony Capitalism
The Supreme Court could make it almost impossible for entrepreneurs to beat regulations in court.
Anker, Immigration Clinic Win Human Rights Award
Clinical Professor of Law Deborah Anker and the Harvard Immigration and Refugee Clinical Program (HIRC) will receive a prestigious human rights award from the American Immigration Lawyers Association, the leading immigration bar association, in June.
Will The American Law Institute 'Restate' Or Try To Rewrite U.S. Copyright Law?
On April 24, 2013, House Judiciary Committee Chairman Bob Goodlatte announced that the committee would be undertaking "a wide review of our nation’s copyright laws and related enforcement mechanisms." Five months later, UC Berkeley School of Law Professor Pamela Samuelson formally requested that the American Law Institute (ALI) prepare a [...]
The Attack On The First Amendment Isn't New -- Employers Have Been Silenced Since The '30s
Since the enactment of the National Labor Relations Act, employers have had to operate in a legal environment that's hostile to free speech.
The Attack On The First Amendment Isn't New -- Employers Have Been Silenced Since The 30s
Since the enactment of the National Labor Relations Act, employers have had to operate in a legal environment that's hostile to free speech.
Monday, April 27, 2015
Harvard Library Innovation Lab wins a 2015 Webby
Perma.cc, a project that takes on the problem of “link rot” or broken or defunct links in scholarship, has won the prestigious Webby Award for best law site of 2015. Developed by the Harvard Library Innovation Lab, Perma.cc is a web archiving service that helps authors and publishers create permanent links to their online sources, which are preserved by participating libraries.
Friday, April 24, 2015
Rebel Farmers And Government Cartels: How The New Deal Cartelized U.S. Agriculture
This week, the Supreme Court heard arguments in Horne’s case challenging the Raisin Administrative Committee. It’s the New-Deal case that took 80 years to bring. Their fight against the RAC is part of a proud tradition of individuals fighting against government-created cartels, especially in agriculture. Those cartels collude against consumers in ways that would be blatantly illegal in industries that don’t enjoy government sanction. Occasionally, someone will fight back against the cartel, and the industry will circle the wagons to protect its unique, anti-competitive privilege.
A Sense of Continuity: Harvard Law School’s Faculty Portraits
Located on the first and second floors of Wasserstein Hall—the heart of social and academic activity on the HLS campus—Harvard Law School's historic collection of faculty portraits provide a backdrop for the daily routines and informal interactions of students and faculty members.
Thursday, April 23, 2015
Prosecutor with a calling: Loretta Lynch ’84, the next attorney general of the United States
Loretta Lynch ’84 appeared at her January confirmation hearing before the Senate Judiciary Committee only days after a new Republican majority openly hostile to her predecessor assumed control of the panel. Halfway through the daylong hearing, John Cornyn of Texas, the Senate’s second-ranked Republican, asked Lynch: “You’re not Eric Holder, are you?” Lynch, known as an unflappable prosecutor of drug dealers, corrupt politicians and terrorists, calmly replied that no, in fact, she wasn’t. “If confirmed as attorney general, I will be myself,” she said. “I will be Loretta Lynch.”
Why Is The CDC Lying About E-Cigarettes?
For years anti-smoking activists and public health officials have tried to justify their irrational hatred of electronic cigarettes by arguing that vaping leads to smoking, especially among impressionable young people who otherwise would never touch tobacco. But that is not happening. To the contrary, vaping and smoking rates among teenagers [...]
Wednesday, April 22, 2015
Systemic Justice: At a Harvard Law School conference, students reimagine the role of lawyers in addressing societal problems
Last year, HLS Professor Jon Hanson and Jacob Lipton ’14 launched the Systemic Justice Project, a new venture intended to provide students with a new way to think about the role that law and lawyers play in society.
True Or False: We Need The Bar Exam To Ensure Lawyer Competence
The bar exam is more of a "hazing ritual" than a useful means of separating those who could become capable lawyers from those who couldn't.
With "Ascertainability" Missing From Rule 23 Draft Reforms, Focus Remains On Courts
We have written quite a bit here at Forbes.com about whether the members of a class action must be "ascertainable"—that is, capable of being feasibly identified. Opinions on this implicit class action procedural requirement have varied among the federal circuits and even within specific federal district courts. As an organization [...]
Feldman elected to the American Academy of Arts and Sciences
Noah Feldman, Felix Frankfurter Professor of Law, and an expert in constitutional studies, international law, and the history of legal theory, has been elected a member of the American Academy of Arts and Sciences, joining some of the world’s most accomplished leaders from academia, business, public affairs, humanities, and the arts.
Tuesday, April 21, 2015
Chevron V. Donziger: The Epic Battle For The Rule Of Law Hits The Second Circuit
Readers of this column are already quite familiar with this saga. In March 2014 I described Chevron's American counter-attack against attorney Steven Donziger, who had been lead plaintiffs’ lawyer in a massive suit against Chevron in Ecuador for pollution allegedly caused by Texaco (acquired by Chevron in 2001) in the Lago Agrio region of that country. Judge Kaplan had [...]
Chevron v. Donziger: The Epic Battle for the Rule of Law Hits the Second Circuit
Readers of this column are already quite familiar with this saga. In March 2014 I described Chevron's American counter-attack against attorney Steven Donziger, who had been lead plaintiffs’ lawyer in a massive suit against Chevron in Ecuador for pollution allegedly caused by Texaco (acquired by Chevron in 2001) in the Lago Agrio region of that country. Judge Kaplan had [...]
Monday, April 20, 2015
What’s So Bad About a 10-Mile Walk to School? Two views of educational challenges in South Africa
In recent blog posts, two students from the Harvard Law School's International Human Rights Clinic shared their experiences working on education and transport-related issues in rural South Africa.
Rash Regulation Is What's Really Threatening Honeybees
BY ANGELA LOGOMASINI - If regulators continue to accept activist-generated spin, not only will food production suffer, honeybees will as well.
Two from HLS awarded 2014 Soros Fellowships for New Americans
Two Harvard Law School students, Amal Elbakhar and Ledina Gocaj, were among 30 recipients selected to receive the Paul and Daisy Soros New American Fellowship, the premier graduate school fellowship for immigrants and children of immigrants.
Daphna Renan joins Harvard Law as assistant professor
Daphna Renan, a scholar of administrative governance, will join the Harvard Law School faculty as an assistant professor in July.
Thursday, April 16, 2015
Fear Of Flakka: Anti-Drug Hysteria Validates Itself
If you have been paying attention to recent news reports about “the dangerous new drug sweeping Florida,” you know at least two things about flakka: It gives you “superhuman strength,” and you should nevertheless avoid it because it will turn you into a raving lunatic running naked through the streets, [...]
Fear Of Flakka: The Puzzling Popularity Of '$5 Insanity,' The Worst Drug Ever
If you have been paying attention to recent news reports about “the dangerous new drug sweeping Florida,” you know at least two things about flakka: It gives you “superhuman strength,” and you should nevertheless avoid it because it will turn you into a raving lunatic running naked through the streets, [...]
Fear Of Flakka: The Puzzling Popularity Of '$5 Insanity'
If you have been paying attention to recent news reports about “the dangerous new drug sweeping Florida,” you know at least two things about flakka: It gives you “superhuman strength,” and you should nevertheless avoid it because it will turn you into a raving lunatic running naked through the streets, [...]
Veteran Loses Over $60,000 to Police, Despite Lack of Criminal Charges
Mark Brewer is a decorated Air Force veteran who fought in the global war on terror. But last month, he became a casualty in the drug war.
Wednesday, April 15, 2015
Cravath Fellows pursue international academic projects
Harvard Law Today recently highlighted twelve Harvard Law School students who were selected as the 2015 Cravath International Fellows. The students traveled to 11 countries for winter term clinical placements or independent research with an international, transnational, or comparative law focus.
Federal Reserve's 100-Year History Disappointing, At Best
Federal Reserve’s 100-Year History Disappointing, At Best We now have a 100-year history by which to judge the Federal Reserve’s performance. On balance, the Fed has not increased economic stability relative to the pre-Fed era. The Great Depression, the great stagflation, and the 2008 financial crisis have all occurred on the [...]
HLS Board of Student Advisers elects Broer new president
The Board of Student Advisers at Harvard Law School has elected Isabel Broer, ’16, as its president for the 2015-16 year. Broer succeeds Claire Johnson, ’15.
Human Rights Clinic releases report on accountability for killer robots
The International Human Rights Clinic and Human Rights Watch recently released 'Mind the Gap: The Lack of Accountability for Killer Robots,' a 38-page report that details significant hurdles to assigning personal accountability for the actions of fully autonomous weapons under both criminal and civil law.
Appeals Court Overturns Jury's $250,000 Award In Fatal Drug Raid: Why?
Today we are less secure against government raids than the colonists were.
Harvard Law champions entrepreneurship and innovation
For law students interested in entrepreneurism and startups—as entrepreneurs themselves, as lawyers representing startups, or both—there is a wealth of growing and intersecting opportunities at Harvard Law School and across the university.
European Commission Still Searching For Google Monopoly
Antitrust is one of America's worst exports, but one adopted with relish by the European Commission (EC) as exemplified in newly announced formal charges against Google Inc. In the role of "competition commissioner," the charges are being spearheaded by the EC's Margrethe Vestager. Unable to settle with Google over the past few years, the [...]
Why Chris Christie's Vow To Suppress Marijuana Legalization Is Politically Foolish
In an interview with talk radio host Hugh Hewitt yesterday, New Jersey Gov. Chris Christie declared that if he were president, he would "crack down and not permit" state legalization of marijuana. As far as I know, that makes him the first contender for the Republican presidential nomination to take [...]
Supreme Court Has Opportunity To Halt Lawsuits By Uninjured Plaintiffs
VideoFederal courts have been inundated in recent years by suits filed by plaintiffs who have suffered no injury but who allege that a federal statute provides them with “standing” to sue for alleged violations of federal law. Such lawsuits can be extremely lucrative for the plaintiffs’ bar when the statute [...]
Tuesday, April 14, 2015
Two Cheers For The Tenth Circuit's Temporary Stay Of The CPSC's New Magnet Safety Standard
VideoOn April 1—no joke—the Consumer Product Safety Commission’s troubling new standard for magnet sets was slated to go into effect. However, thanks to the efforts of the sole remaining distributor of Small Rare Earth Magnets (SREMs) in the United States, Zen Magnets LLC, consumer freedom won a last-minute reprieve. As companies [...]
Monday, April 13, 2015
Without Reform, Patent Trolls Will Continue To Impede On True Innovation
BY LEE CHENG - Over 300,000 patents were granted last year alone. The reality is that only a handful of these patents are truly groundbreaking, with inventors who rightfully deserve recognition and legal protection.
Closing the information gap: Romney cites increasing polarization in U.S. and the risk it carries
Campaigning for governor of Massachusetts in 2002, Mitt Romney, J.D./M.B.A. ’75, decided he would spend one day every week doing someone else’s job. He cooked hot dogs at Fenway Park, worked at a day care center, took a turn on a paving crew. One day he hung off the back of a garbage truck making […]
2015 J-Term International Travel Grant Recipients
During the 2015 winter term, 52 HLS students traveled to 26 countries conducting research for writing projects or undertaking independent clinicals, with support from the Winter Term International Travel Grant Program, which includes the Cravath International Fellowships, the Reginald F. Lewis Internships, the Mead Cross Cultural Stipends, the Andrew B. Steinberg Scholarships, and the Human Rights Program Grants.
2015 Winter Term International Travel Grant Recipients
During the 2015 winter term, 52 HLS students traveled to 26 countries conducting research for writing projects or undertaking independent clinicals, with support from the Winter Term International Travel Grant Program, which includes the Cravath International Fellowships, the Reginald F. Lewis Internships, the Mead Cross Cultural Stipends, the Andrew B. Steinberg Scholarships, and the Human Rights Program Grants.
Sunday, April 12, 2015
Hillary Clinton Launches Presidential Bid
Hillary Diane Rodham Clinton is an official Democratic candidate for president. She has that "Getting Started" video now, so it's on. One wonders how the media will treat her compared to other candidates. NBC's Savannah Guthrie had a now-famous exchange with a testy Sen. Rand Paul last week after his announcement [...]
Friday, April 10, 2015
‘Voices of Syria:’ Unique survey offers an inside look at a worn-torn country and its people
Vera Mironova, a graduate research fellow at Harvard Law School’s Program on Negotiation, was one of the lead authors of the “Voices of Syria” project, which covered topics such as current living situations, safety concerns, the future role of religion — among other key issues in Syria’s government. Mironova, a fifth-year year Ph.D. candidate at the University of Maryland, oversaw and coordinated the operation on the ground. Her goal: to capture the civil war in its most raw form.
Digitally Connected: New ebook offers global perspectives on youth and digital media
The Berkman Center for Internet and Society and Youth and Media released a new ebook 'Digitally Connected: Global Perspectives on Youth and Digital Media,' a first-of-its kind collection of essays that offers reflections from diverse perspectives on youth experiences with digital media and with focus on the Global South.
A focus on food: Harvard Law School forum mines ways to protect, improve what we eat (video)
On March 28-29, The Harvard Food Law Society and the Food Literacy Project hosted the “Just Food? Forum on Justice in the Food System” at Harvard Law School, organized as part of Harvard’s yearlong Food Better initiative, created to discuss issues surrounding what we eat.
Students to premiere original documentaries at 2015 docfestival
This Saturday, April 11, the Harvard Law Documentary Studio will host its 4th annual docfestival, a celebration of student-produced films exploring social and policy issues. The event, which will take place at the Harvard Film Archive Cinematheque, will feature four original short documentaries created by students from Harvard Law School, the Kennedy School of Government, […]
Thursday, April 9, 2015
Which States Will Legalize Marijuana This Year And Next?
At the beginning of 2014, when Colorado became the first state to allow the sale of marijuana for recreational use, the whole world was watching. “It was insane,” says Toni Fox, owner of Denver’s 3D Cannabis Center, where the first sale happened. “On January 1, there were close to 200 [...]
If You Must Have A Dietary Culprit, At Least Pick The Right One
BY JAMES J. DINICOLANTONIO AND SEAN C. LUCAN - Added sugars of all types are bad. Fat, and saturated fat in aggregate, is not. Dietary guidelines should make this clear.
ProPublica’s Richard Tofel ’83 surveys the evolving business model of underwriting investigative journalism in the digital era (video)
Describing himself as a “recovering,” though not yet “recovered,” lawyer, Richard Tofel ’83, president of the Pulitzer Prize-winning non-profit news organization ProPublica, explored the challenges facing investigative journalism in the digital age at a talk he gave at Harvard Law School on April 3.
The Sure-Fire Way To Undermine Prosperity -- Passing Laws That Erode Property Rights
Walters persuasively makes the case for protecting everyone's property rights, then leaving things to the spontaneous order of the free market.
Wednesday, April 8, 2015
At Harvard, Madeline Albright discusses the power of personal relationships
The value of a clear understanding of your country’s objectives and the power of personal relationships — along with the wisdom of not drinking too much lemonade — were among the insights former U.S. Secretary of State Madeleine Albright shared with an audience at Harvard Law School's on April 2.
Tuesday, April 7, 2015
White House Privacy Protection Proposal Sets An Ominous Tone For Future Action
Since its release in late February, the Obama Administration's "Discussion Draft: Consumer Privacy Bill of Rights Act of 2015" has drawn a significant amount of friendly fire from privacy activists and even federal privacy regulators. Their criticism insinuates that the Discussion Draft is at best a floor, a starting point [...]
Friday, April 3, 2015
The EPA's Mercury Rule Will Cost The Economy At Least $16 Billion Per Year
BY BRIAN H. POTTS - Dear EPA: Don’t play with the numbers and try to make the rule something it’s not—namely, a boon for the economy.
Obama Steps Up Commutations, Feeding Drug War Prisoners' Hopes
On October 31, 1996, the Sanilac County Sheriff's Office, which serves a largely rural area in Michigan’s thumb, got a call from a local resident who said he was concerned about his neighbor, Darrell Hayden. No one had heard from Hayden for several days, the man said, and his horses [...]
Elizabeth Papp Kamali ’07 to join Harvard Law faculty
Elizabeth Papp Kamali ’07, a scholar specializing in medieval legal history, will join the Harvard Law School faculty as an assistant professor in July.
Thursday, April 2, 2015
'You're Showering Too Long!' Barks Our Federal Nanny
Regulating how much water we use is but one front in the ongoing offensive waged by Nanny State officials in their campaign to control Americans.
"You're Showering Too Long!" Barks Our Federal Nanny
Regulating how much water we use is but one front in the ongoing offensive waged by Nanny State officials in their campaign to control Americans.
Wednesday, April 1, 2015
Why Corruption Threatens Global Security: A talk with Sarah Chayes
In a talk sponsored by International Legal Studies on February 11, former NPR correspondent Sarah Chayes, currently senior associate at the Carnegie Endowment, spoke to HLS students about the links, historical and current, between corruption and global security.