An op-ed by Noah Feldman: I’m not proud of it. But I am one of those people who are more viscerally upset by the allegations that journalist Jamal Khashoggi died a brutal death at the hands of Saudi secret police than by the deaths of thousands of people under Saudi bombardment in Yemen. The reason isn’t that Khashoggi was a journalist or that he was a legal U.S. resident or that he may have been dismembered, possibly while still alive. It’s much simpler and much less principled than that: It’s because I knew him.
…Some observers, like Harvard Law’s Jeannie Suk Gersen, argue that Burroughs’s determination on that matter doesn’t necessarily need to include a broader ruling on affirmative action. But because the case is likely to be appealed, the case could have a drastic effect on how elite schools use race in admissions.
…Some legal experts do believe that the judiciary is feeling bolder than it once did, perhaps because of what they see as presidential overreach, perhaps because of Trump’s open hostility to the federal courts, reflected in his comment in 2017 about the “so-called” judge who first ruled against his travel ban and his reference to U.S. District Judge Gonzalo Curiel’s “Mexican heritage” when he was presiding over a case against Trump University. “Context matters,” as former federal judge and now Harvard Law School’s Nancy Gertner wrote in an article called “Judging in a Time of Trump.”
The C.L.O., a cousin of the mortgage-related product that malfunctioned a decade ago, has become one of the hottest investments on Wall Street. …“If there turns out to be an issue, this is where the unfinished business of the post-crisis financial reform efforts is going to be revealed,” said Daniel K. Tarullo, a professor at Harvard Law School and a former oversight governor for bank regulation at the Fed.
The Harvard Kennedy School received $7.5 million for a student fellowship program for U.S. veterans and active duty military members Thursday, according to a press release from the school. The donation, which came from the Debra and Leon Black Family Foundation, will cover attendance costs for up to 25 graduate students annually—starting with those matriculating in fall 2019—across the Kennedy School, Harvard Business School, and Harvard Law School.
…Most advocates of election reform are similarly positive about ranked-choice voting. But they don’t agree on the best way forward. “I’m a big supporter of ranked-choice voting,” says Lawrence Lessig, a professor at Harvard Law School. “But I think one of the mistakes they’ve made is that they pursued it from the bottom up when a much better strategy is to do it from the top down.” In other words, start with the presidential race.
An op-ed by Cass Sunstein. This column is really good. Actually it’s amazing. In less than 650 words, it will explain the success of President Donald Trump — and also show how to beat him…One of the least well-known rules of thumb is called the “confidence heuristic,” which was initially explored in 1995. The central idea is simple. When people express beliefs to one another, their level of confidence usually reflects how certain they are. It tells us how much information they have. When we are listening to others, we are more likely to be persuaded by people who seem really confident.
…This month, The Intercept published an article about the history of this Israeli legal effort. In the story, Harvard law professor Gabriella Blum explained how, when she was a young lawyer working for the Israel Defense Forces, she and her team sought to give a legal justification for Israel’s burgeoning assassination program.
The U.S. Supreme Court’s view on affirmative action and employee rights to band together could see a dramatic shift under the court’s newly reconstituted conservative majority, legal scholars told Bloomberg Law…But the Trump administration filed a brief in Epic Systems suggesting that the NLRA’s safeguards for collective worker action only covers group conduct related to self-organization or collective bargaining. “That to me is the most serious and real area to think about an even more conservative Supreme Court changing the law,” Sharon Block, executive director of the Labor and Worklife Program at Harvard Law School, told Bloomberg Law. “In a world where 94 percent of the private sector isn’t engaged in activities related to collective bargaining, that would be a devastating development.”
Donald Trump is back in the place he loves best: the campaign trail. The president is logging thousands of miles on Air Force One with the midterm elections approaching Nov. 6. He is fighting to prevent a Democratic takeover of Congress, which would derail much of his legislative agenda and open the door to multiple investigations of his presidency…Democrats say Trump and the Kavanaugh issue are also motivating anti-Trump voters. Many Democratic voters were frustrated to see Kavanaugh confirmed to the Supreme Court, despite allegations from Christine Blasey Ford that he sexually assaulted her when they were both in high school. Kavanaugh has vehemently denied the allegations. “I think it’s more likely to be a plus for the Democrats,” said Lawrence Lessig, professor at Harvard Law School, former Democratic presidential candidate, and founder of the organization EqualCitizens.US. “Their anger is more visceral.”