HLS weighs in

The latest word from Harvard Law faculty, alums, fellows and other affiliated authorities.

Beto O’Rourke, the Reaganesque Anti-Trump

An op-ed by Cass Sunstein. In the U.S., voters are often drawn to candidates who seem to be the opposite of the incumbent president — the anti-Obama, the anti-Bush, the anti-Clinton. Beto O’Rourke, now running for the Senate in Texas against Republican incumbent Ted Cruz, is the anti-Trump.

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Rosenstein Must Go, So Mueller Can Stay

An op-ed by Noah Feldman. The revelation on Friday that the deputy attorney general, Rod Rosenstein, considered wearing a wire to record President Donald Trump and discussed trying to get the cabinet to invoke the 25th Amendment to remove him is more than merely astonishing. It has consequences.

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Why We Need an F.B.I. Investigation

An op-ed by Nancy Gertner. Without the context that the findings of an F.B.I. investigation could provide, the Senate hearing planned for Monday pitting Brett Kavanaugh against Christine Blasey Ford, who has accused him of sexual assault, runs the risk of being seen as little more than Kabuki theater, or, more pointedly, a gesture of appeasement to the #MeToo movement. In other words, we gave her a hearing, now we’re ready to vote.

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What Would a Serious Investigation of Brett Kavanaugh Look Like?

An essay by Jeannie Suk Gersen. During hearings earlier this month on Brett Kavanaugh’s nomination to the Supreme Court, Senator Mazie Hirono, a Democrat from Hawaii, asked him, “Since you became a legal adult, have you ever made unwanted requests for sexual favors or committed any verbal or physical harassment or assaults of a sexual nature?” Kavanaugh answered no. Days later, Christine Blasey Ford, a psychology professor at Palo Alto University, told the Washington Post that Kavanaugh had drunkenly attempted to rape her more than thirty-five years ago, at a party in a Maryland home, when she was fifteen and he was seventeen. She recalls that he pinned her to a bed, groped and attacked her, tried to remove her clothes, and put his hand over her mouth as she tried to scream. Ford has passed a lie-detector test, and her therapist has records of her describing the event in 2012. The Senate Judiciary Committee has delayed this week’s planned confirmation vote for Kavanaugh and scheduled a hearing for next Monday to consider the allegations.

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The Problem With All Those Liberal Professors

An op-ed by Cass Sunstein. Suppose that you start college with a keen interest in physics, and you quickly discover that almost all members of the physics department are Democrats. Would you think that something is wrong? Would your answer be different if your favorite subject is music, chemistry, computer science, anthropology or sociology? In recent years, concern has grown over what many people see as a left-of-center political bias at colleges and universities. A few months ago, Mitchell Langbert, an associate professor of business at Brooklyn College, published a study of the political affiliations of faculty members at 51 of the 66 liberal-arts colleges ranked highest by U.S. News in 2017. The findings are eye-popping (even if they do not come as a great surprise to many people in academia).

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