Media Mentions

Eighty-seven former federal prosecutors are pushing the Biden Justice Department to end a Trump-era “felon-in-possession” initiative that lets prosecutors shift gun cases out of D.C.’s Superior Court and into federal District Court, where sentences can be twice as long. In a letter to Attorney General Merrick Garland and Acting U.S. Attorney Channing D. Phillips, the lawyers wrote, “Excessive sentences exacerbate the underlying drivers of violence, producing shame, isolation, stunted economic opportunity, and exposure to further violence.” They added that the policy also increases racial inequity... “The civil rights groups are against it, the locally elected officials are against it, and scores of former federal prosecutors are against it,” wrote Harvard Law Professor Andrew Crespo, who is director of the Institute to End Mass Incarceration. “The Biden administration could easily and immediately end it. Instead, they came to court today to defend it.”

As the Centers for Disease Control and Prevention continues to relax safety measures for people who are fully vaccinated against the coronavirus and the country begins to reopen, many employers, businesses, families and friend groups are finding themselves in the at-times uncomfortable position of having to ask about others’ vaccination statuses. Some Americans, including Rep. Marjorie Taylor Greene (R-Ga.), are balking at such questions and are claiming that asking about or requiring proof of vaccination is a violation of the HIPAA federal privacy law...HIPAA has become one of the “most misunderstood statutes in existence,” said Glenn Cohen, a Harvard Law School professor who is an expert on health law and bioethics. “People think it does a lot more than it’s actually doing.” ... Employers are also legally allowed to ask about or require proof of vaccination from employees. In a December guidance, the Equal Employment Opportunity Commission, which enforces federal workplace anti-discrimination laws, essentially confirmed that “there’s no indication that there’s any federal law that would be violated by the employer asking this question,” Cohen said.

This week's rousing stock market debut of dairy alternative Oatly underlines anew people's enduring appetite for vegan products. If anything, that hunger has grown during the Covid-19 pandemic...The surge also came as production problems, due partly to Covid-19 outbreaks, temporarily curtailed conventional meat availability, though supplies later stabilized. "The pandemic opened people's eyes to the risks of the meat industry, the relative fragility of its value chain," said Jan Dutkiewicz, a fellow at Concordia University and Harvard Law School who writes often on food and environmental studies...Dutkiewicz notes that the conventional meat sector operates on relatively narrow profit margins, with large volumes needed to the ventures economical. If alternative proteins gain enough ground, "there may be a point where many large companies will start not just diversifying into alternative proteins but will start divesting from their existing holdings in protein," he said. Dutkiewicz drew a comparison with large automotive companies now phasing out the internal combustion engine and transitioning to electric cars. But, he cautioned, "we are at the very, very early stages of this."

Dozens of constitutional experts are sending a letter telling congressional leaders they have the authority to make the nation's capital the 51st state. "As scholars of the United States Constitution, we write to correct claims that the D.C. Admission Act is vulnerable to a constitutional challenge in the courts," write the 39 signatories, who include Laurence Tribe of Harvard Law, Erwin Chemerinsky of UC Berkeley Law, Larry Sabato of the University of Virginia and Leah Litman of the University of Michigan Law School. They argue that there is "no constitutional barrier" to the District's "entering the Union through a congressional proclamation, pursuant to the Constitution's Admissions Clause, just like the 37 other states that have been admitted since the Constitution was adopted." The letter is a new entry into the heated battle over whether Congress can — and should — make this city of about 700,000 residents a state, with equal representation on Capitol Hill. It is likely to fuel the debate over legal questions that have left proponents struggling to find a path to get the legislation on the desk of President Joe Biden, who has endorsed statehood.

An op-ed by Noah Feldman: Over the next year, you’re going to hear a lot about the Mississippi abortion case that the Supreme Court has agreed to hear. It’s called Dobbs v. Jackson Women’s Health Organization — and the key word at the center of the discussion is going to be “viability.” If the Supreme Court sides with the pro-life side, you can expect to see more state bans on early abortion like the one Texas Governor Greg Abbott just signed into law, which bars abortions after week six of pregnancy. That’s because since the 1973 Roe v. Wade decision, the Supreme Court has held that there exists a fundamental constitutional right to terminate a pregnancy before the fetus would be viable — that is, able to survive outside the womb. Currently, medical consensus puts viability at 23 to 24 weeks gestation. The Mississippi law prohibits abortion after 15 weeks, long before viability. In taking the case, the Supreme Court said it would consider “whether all pre-viability prohibitions on elective abortions are unconstitutional.” To understand the nature of the debate, we need to begin with a simple fact about Roe that is often forgotten: The ruling was a compromise. The Supreme Court did not say that a woman had an absolute right to choose whether and when to end her pregnancy. Nor did it permit states the unfettered capacity to limit abortion.

An article by Ashley Nunes: Earlier Sunday, a commercial jet — scheduled to fly from Greece to Lithuania — made an emergency landing in Belarus. The intended destination of the Ryanair flight was Vilnius. Passengers and crew members ended up in Minsk instead. Radar data shows the plane flying through Belarusian airspace headed toward Lithuania. As the plane approaches the Lithuanian border, however, it makes a sharp right turn and heads toward the Belarusian capital. Belarusian state media outlets say the diversion was prompted by a bomb scare, which caused local authorities to scramble a military jet to escort the plane to Minsk. After the plane landed, passengers and crew members underwent additional security screening and were subject to “verification activities.” Luggage and personal items were also subject to additional security checks. Among the passengers was Roman Protasevich. The Belarusian journalist is the former editor of NEXTA, the opposition Telegram network, and has long been critical of the Belarusian political establishment.

Martha Minow, the 300th Anniversary University Professor and former Dean of Students at Harvard Law School, has taught at the law school since 1981. Before teaching at Harvard, Minow clerked for Judge David Bazelon of the United States Court of Appeals for the D.C. Circuit and for U.S. Supreme Court Justice Thurgood Marshall. She is an expert in human rights law and minority advocacy and has written numerous books and scholarly articles. Minow has also served on the Independent International Commission Kosovo, has received nine honorary degrees from schools around the world, and was appointed to the Legal Services Corporation by President Barack Obama in 2009. She received her undergraduate degree from the University of Michigan, her master’s degree in education from Harvard, and her law degree from Yale Law School. This interview was conducted in March 2021. It has been edited for length and clarity.

A quarter of the deep links in The New York Times’ articles are now rotten, leading to completely inaccessible pages, according to a team of researchers from Harvard Law School, who worked with the Times’ digital team. They found that this problem affected over half of the articles containing links in the NYT’s catalog going back to 1996, illustrating the problem of link rot and how difficult it is for context to survive on the web. The study looked at over 550,000 articles, which contained over 2.2 million links to external websites. It found that 72 percent of those links were “deep,” or pointing to a specific page rather than a general website. Predictably, it found that, as time went on, links were more likely to be dead: 6 percent of links in 2018 articles were inaccessible, while a whopping 72 percent of links from 1998 were dead. For a recent, widespread example of link rot in practice, just look at what happened when Twitter banned Donald Trump: all of the articles that were embedded in his tweets were littered with gray boxes.

Sally Falk Moore, Harvard University Affiliated Professor at Harvard Law School and a leading figure in the field of legal anthropology, died May 2 at the age of 97.

Incoming Harvard Alumni Association president Vanessa Liu ’03 wants to catalyze connection — and action — within the HAA community.

An article by John Bowers, Clare Stanton, and Jonathan Zittrain: Hyperlinks are a powerful tool for journalists and their readers. Diving deep into the context of an article is just a click away. But hyperlinks are a double-edged sword; for all of the internet’s boundlessness, what’s found on the Web can also be modified, moved, or entirely vanished. The fragility of the Web poses an issue for any area of work or interest that is reliant on written records. Loss of reference material, negative SEO impacts, and malicious hijacking of valuable outlinksare among the adverse effects of a broken URL. More fundamentally, it leaves articles from decades past as shells of their former selves, cut off from their original sourcing and context. And the problem goes beyond journalism. In a 2014 study, for example, researchers (including some on this team) found that nearly half of all hyperlinks in Supreme Court opinions led to content that had either changed since its original publication or disappeared from the internet. Hosts control URLs. When they delete a URL’s content, intentionally or not, readers find an unreachable website. This often irreversible decay of Web content is commonly known as linkrot. It is similar to the related problem of content drift, or the typically unannounced changes––retractions, additions, replacement––to the content at a particular URL.

Can your employer require a vaccine? The short answer is yes. As we continue to push toward a new normal, many employers are weighing whether or not to require employees to receive a COVID-19 vaccine in order to return to work. This week Delta Airlines became the largest U.S. company to announce all new employees must be vaccinated. Producers of the Broadway hit Hamilton have also mandated cast and crew be vaccinated. What rights or recourse do employees have? If your company requires it, there’s not much you can do about it—with a few exceptions. “Employers can demand proof of vaccination,” said Harvard Law Professor Glenn Cohen. “You, as an employer, can set conditions for work.” Cohen is an expert on health law and bioethics. He says that while many employees believe HIPAA laws may protect them from having to provide proof of vaccination, that’s just not the case. “HIPAA is largely irrelevant [in this case],” Cohen said. “Most of these employers are not going to be covered entities under the statutes, so they’re not even covered.” Cohen says HIPAA only applies in health care settings. “Health information generated in an encounter with a physician [would be covered by HIPAA],” he said. “That’s not what a vaccination card is.”

The Center for Health Law and Policy Innovation of Harvard Law School (CHLPI) and the National Viral Hepatitis Roundtable (NVHR) today released a new progress report detailing the changes to hepatitis C treatment access in Medicaid programs since first publishing an analysis in 2017. The Hepatitis C: State of Medicaid Access May 2021 National Progress Report (Progress Report) demonstrates that while there is better access to hepatitis C (HCV) treatment today, discriminatory practices persist in some state Medicaid programs. In particular, sobriety restrictions continue to undermine public health efforts to eliminate hepatitis C in the U.S. The State of Hepatitis C has since 2017 assessed and graded Medicaid programs in all 50 states plus Puerto Rico and Washington, D.C. according to its overall “state of access” for HCV treatment. The State of Hepatitis C focuses on three of the most significant restrictive criteria that Fee-for-Service Medicaid programs use as methods of rationing access to the HCV cure: 1) fibrosis (liver damage or disease progression required prior to treatment); 2) sobriety (periods of abstinence from alcohol and/or substance use required); and 3) prescriber (prescribing eligibility limited to certain categories of specialist practitioners). The Progress Report shows that advocacy and litigation have driven improvement to treatment access.

An op-ed by Noah Feldman: New York Attorney General Letitia James is playing major league poker with former president Donald Trump — and she just raised the stakes. The AG’s office announced that its civil investigation of the Trump Organization for filing false tax returns has now become an active criminal investigation. In response, Trump issued a 900-word statement denouncing the investigation as politically motivated. Trump despisers may be tempted to take some heart from the news of the investigation, which will proceed alongside the until-now separate criminal investigation being conducted by the district attorney of New York County, Cyrus Vance Jr. But this is a high-risk move by James. Trump’s opponents would do well to remember the sizable risk that would come with prosecuting the one-term president: He could be acquitted. And if that happened, Trump could use the bounce-back as a highly effective tool to support a presidential bid in 2024. The announcement by James’s office was brief and opaque — and it didn’t mention the president by name. It said simply that the AG’s office had “informed the Trump Organization that our investigation into the organization is no longer purely civil in nature” and that it was “now actively investigating the Trump Organization in a criminal capacity, along with the Manhattan D.A.”

Chuck Schumer and Joe Manchin are locked in a voting rights standoff. Senate Majority Leader Schumer, D-N.Y., shot down an effort from Sens. Manchin, D-W.Va., and Lisa Murkowski, R-Alaska, to focus narrowly on reauthorizing the 1965 Voting Rights Act, instead championing the For the People Act as the more immediate fix for systemic problems in the U.S. electoral system...Democracy reform advocates say using this moment only to pass the John Lewis Voting Rights Act would squander an opportunity...Worse yet, said Lawrence Lessig, a professor at Harvard Law School, a dangerous possibility could be that Manchin actually does manage to get Republicans to cynically co-sponsor his approach. “The reason you see Republicans supporting HR4 is that they believe that this bill will be passed by Congress and kill HR1 but then be struck down by the Supreme Court and lead us back to where we are right now,” said Lessig, author of “They Don’t Represent Us: Reclaiming Our Democracy.” “The reality is, bipartisanship is not possible with the Republican leadership on voting rights reform because they are convinced the only way they maintain power is by preserving the ability of the states to make it harder for Democrats to vote.”

It was such an unlikely hit. A quiet nature documentary shot by naturalist and filmmaker Craig Foster in his backyard — a lush kelp forest in False Bay, South Africa, teeming with marine life — and depicting his yearlong encounter with a cephalopod. The 2020 Netflix release “My Octopus Teacher” became a viral sensation, a critical darling, and an Oscar winner...That persistence and his ability to track and follow an animal in the wild, particularly in a marine environment, struck neuroscientist David Edelman, a visiting scholar at Dartmouth who is researching visual perception, cognition, and their neural bases in the octopus. Edelman offered his comments during a wide-ranging discussion about the film on Monday, sponsored by Harvard’s Mind Brain Behavior Interfaculty Initiative and moderated by Harvard Law School Professor Kristen Stilt, who also directs the School’s Animal Law and Policy Program...Stilt is working with the Animal Law and Policy Clinic to get octopuses protected under the Animal Welfare Act, which regulates the treatment of animals in research.

Some ballots in New York City’s mayoral race are four legal pages long. The system to fill it out is so confusing that the city is running ads urging New Yorkers to go online to practice before primary day on June 22. The winner will face the challenge of leading the city’s recovery from the Covid-19 pandemic, in which more than 33,000 residents died from the virus and thousands of businesses closed. The primary is also the largest U.S. election to use a new ranked-choice voting system that lets voters list their favorite candidate and four runners-up...Good-government groups who pushed for the new ranked-choice system say it gives voters greater say in who gets elected. But many voters say the new system and the sheer number of candidates in the mayor’s race and in other citywide and local contests being held June 22 has left them overwhelmed... “One of the things that the proponents have always said about ranked-choice voting is it should lead to a softening of the political rhetoric,” said Peter Brann, a lawyer and visiting lecturer in law at Harvard Law School who is an expert on the voting system. “I haven’t seen any evidence of that yet.”

Colorado on Tuesday made it illegal to share the personal information of public health workers and their families online so that it can be used for purposes of harassment, responding to an increase in threats to such workers during the pandemic...Violators of Colorado’s new law face up to 18 months in jail and a $5,000 fine. The state had already made it a crime to dox law enforcement officers or workers who provide child welfare and adult protective services. Bruce Schneier, a cybersecurity expert and a fellow at the Berkman-Klein Center for Internet and Society at Harvard University, welcomed the legislation but questioned why its protections were extended only to public health workers. “What about the people who faced a lot of doxxing and harassment before the pandemic?” Mr. Schneier said in an interview on Wednesday. “It’s like saying it’s illegal to rob truck drivers but it’s OK to rob everybody else. It doesn’t make any sense to me.”

Legal battles from the city of Boston to the Supreme Court could affect our future here in the Commonwealth. We'll get caught up on what's happening with retired federal judge and WBUR legal analyst Nancy Gertner.

A podcast by Noah Feldman: Dr. Heidi Larson, founding director of the Vaccine Confidence Project, discusses the complicated relationship between vaccine hesitancy, choice, and democracy. Dr. Larson is the author of the recent book, “Stuck: How Vaccine Rumors Start and Why They Don't Go Away.”

President Biden embraced a pro-labor stance during his campaign. He has underlined his ambition to support workers’ interests by nominating as his future labor secretary Boston Mayor Marty Walsh, who was strongly backed by the AFL-CIO and major labor unions. While there should be no disagreements with the goal of improving the situation of the labor force in the United States, there could be some merit in taking a closer look at possible side effects...A Harvard Law School paper published by professors Lucian Bebchuk and Roberto Tallarita warned of the consequences and showed that such stakeholderism would impose substantial costs both on stakeholders and society. It would also hurt the owners—namely the investors. This is exactly the result we see in Germany. Only 16% of Germans own equity-based investments, and only 7% directly own stocks; in the U.S., in contrast, 55% of people own stocks (either directly or through instruments like mutual funds).