Media Mentions

Nearly one year into his tenure, Neil Gorsuch seems to be having the time of his life. The Supreme Court’s newest justice is reveling in his role, diving into arguments with gusto and so far fulfilling the expectation that he would be a rock-ribbed conservative in the mold of his predecessor, the late Antonin Scalia. In doing so, he’s shaken up the dynamics of the highest court in the land. “Ideologically, he is what he seems to be, a conservative, textualist, originalist, but he’s approached the job differently,” said Ian Samuel, a Climenko fellow and lecturer on law at Harvard Law School, who co-hosts the “First Mondays” podcast about the Supreme Court.

Kyle Corkum imagines a “smart city” with futuristic amenities like driverless shuttle services, heated sidewalks and a super-resilient energy grid that keeps humming through the harshest of storms.As chief executive of LStar Ventures, a developer of planned communities, he has a chance to build the neighborhood of his dreams from the ground up on the site of a long-shuttered naval air station in this town just 12 miles south of Boston’s booming technology hub...The need for greater regulation of driverless vehicles has also come up for debate after the death last month of a woman who was struck by one of Uber’s self-driving cars in Tempe, Ariz. Very few local governments have thought through the long list of public- and private-sector values and concerns that should be deployed to constrain” the use of autonomous cars, as well as the technologies being used to monitor city streets, said Susan Crawford, a Harvard Law School professor. “Once you’ve given a developer license to deploy total surveillance, with no public limitations, you’re done.”

The Post reports: The Trump administration will pressure U.S. immigration judges to process cases faster by establishing a quota system tied to their annual performance reviews, according to new Justice Department directives. Nevertheless, the Trump administration’s move raised immediate concerns...Constitutional scholar Laurence Tribe concurs. He tells Right Turn, “This is a shameful and cruelly inhumane effort to impose an assembly-line mentality on the already too-perfunctory deportation proceedings to which our nation has long subjected people, including children, who are identified for expulsion from our country.”

Fifty years ago the murder of a Baptist minister turned Civil Rights giant shook the nation. Just after 6 p.m. on April 4, 1968, Martin Luther King Jr. was gunned down on the second-floor balcony of the Lorraine Motel in Memphis, Tenn...We asked a group of Harvard scholars to reflect on King’s life, death, and legacy. Historians Annette Gordon-Reed and Henry Louis Gates Jr. recalled where they were when they heard about the assassination...Gordon-Reed, 9 years old in 1968, was with her mother at the home of one her friends “when her son came into the room and told us that King had been assassinated.”...Gordon-Reed said her mother and father “were not surprised” by King’s murder. “It was clear that he was making lots of people angry. The possibility of violence was always present given all that was at stake.”

An op-ed by Noah Feldman. The death of Judge Stephen Reinhardt last week at age 87 marks the end of an era for the U.S. Court of Appeals for the 9th Circuit, which also saw the abrupt retirement of Judge Alex Kozinski in December. For more than three decades, the largest appeals court in the nation had been the site of an epic legal struggle between the progressive liberal lion and the conservative-libertarian stalwart. The two judges, each brilliant in his own way and each at the extreme end of the ideological spectrum, fought with all the judicial tools available -- and even invented some new ones along the way. Their rivalry defined the 9th Circuit, at least from the perspective of the appellate lawyers who actually care about what appeals courts do. It won’t be the same again.

The Internal Revenue Service is providing some relief for companies facing looming tax bills after they stockpiled trillions of dollars offshore free of U.S. income tax. A timing quirk in the tax overhaul seemed to give companies such as Apple Inc., Microsoft Corp. and Cisco Systems Inc. -- all of which began their fiscal years before Jan. 1 -- the chance to reduce the foreign cash they’ll accumulate this year and lower their taxes. A press release issued by the IRS on Monday indicates that “if done in the ordinary course of business,” the move won’t be considered as tax avoidance, according to Stephen Shay, a tax and business law professor at Harvard Law School. “The light is green for this planning, not red,” said Shay, a former top Treasury official. “It is great for those whose years beginning before 2018 are still open for the planning.”

Deciding whether to submit a diversity statement in a law school application is not necessarily an easy call...Briana Williams [`18], a third-year student at Harvard Law School, says she spent more than a month crafting and polishing the written components of her law school application, including her diversity statement, to ensure that the application felt cohesive as a whole. "I took my entire trajectory on as a marathon," she says. Williams, who was homeless for a period during high school, wrote in her diversity statement about her challenges with poverty and how they motivated her to help others with disadvantages.

...On the surface, traveling for a medical procedure may not seem appealing, but people typically do it for outpatient procedures with quick recoveries and wrap a vacation around it, says MTA President Renee-Marie Stephano. Getting credible information on outcomes from overseas procedures can be difficult. A search of the PubMed medical database yields numerous case reports of complications from operations like weight-loss surgery and cosmetic procedures outside the patients’ home country, but many of these cases are from Europe and Australia. There’s no information available about complication rates. “As with everything in this industry, getting actual data is quite difficult,” says Harvard professor Glenn Cohen, author of the 2014 book Patients with Passports.

An op-ed by Cass Sunstein. For the first time since the 1940s, Americans have been asking: Can it happen here? The question, which has been debated in the U.S. for months, is meant to draw attention to the potential fragility of democratic self-government -- and to emphasize that in some periods, democracies are especially likely to turn in authoritarian directions. It would be fair to pose that question in any case in light of China’s continued rise, Russia’s resurgent aggression, and the disturbing developments in Turkey, Poland, Hungary and the Philippines. To his most severe critics, some of the words and deeds of President Donald Trump make it seem as if democratic principles might not be entirely secure in the U.S. itself.

In a decision with far-reaching implications for President Trump, a federal court ruled this week that a lawsuit could go forward claiming he unconstitutionally received foreign emoluments — that is, monies from foreign governments explicitly prohibited by the Constitution — from his hotel in Washington..."Why did this case make it past the first hurdle and not the New York case? Will the New York case be appealed?" [Laurence Tribe]: We are appealing the decision in the Southern District of New York dismissing our suit there. One reason for the different results is that Judge Messitte considered but rejected as wrong some of the grounds Judge Daniels erroneously gave for dismissing the SDNY case. In particular, Judge Messitte correctly rejected Judge Daniels’s conclusion that because Trump’s patrons chose to stay at his hotel, there was nothing a court could do to redress the injuries caused by the emoluments violations; he also rejected Judge Daniels’s conclusion that only Congress, and not the courts, could enforce the foreign emoluments clause.

...Now President Donald Trump’s administration is reframing how the nation admits refugees, reducing who can come here and making it tougher to apply for protection. It is playing out not through congressional action or public announcement, but in policy tweaks and guidelines that together make up an overhaul...Sessions, in a speech last fall to the Executive Office for Immigration Review, the agency over the courts, criticized “case law that has expanded the concept of asylum well beyond Congressional intent —created even more incentives for illegal aliens to come here and claim a fear of return.” Deborah Anker, a Harvard Law School professor who specializes in asylum, said Sessions’ office declined to identify the decision he was reviewing, initially leaving lawyers without a way to respond to his request for arguments. “It was unprecedented,” she said. “The attorney general by executive action appears to want to be overturning the statute as it relates to asylum.”

...The drafters of the state constitution Louisiana adopted in 1898 said they aimed to “perpetuate the supremacy of the Anglo-Saxon race in Louisiana,” primarily by scrubbing from the rolls nearly all of the roughly 130,000 black people then registered to vote...But with cooperation from the East Baton Rouge Parish clerk of court, The Advocate was able to collect this information for two-thirds of the 200 convictions by 12-member juries that took place in the state’s most populous parish from 2011 to 2016. Those records include 46 trials, involving 552 jurors, that ended with a nonunanimous guilty verdict...Thomas Frampton, a former Orleans Parish public defender who now teaches at Harvard Law School, enlisted researchers there to analyze the newspaper’s data. Their analysis mirrors that of The Advocate. “The disparities that this data identify are not terribly surprising for those who have spent time in Louisiana courtrooms but are shocking in terms of how wide the (racial) gulf actually is,” Frampton said.

Official federal sentencing guidelines don’t distinguish between female and male offenders. They often downplay or outright disregard circumstances that are common among women, such as the role of an offender as the sole caretaker for children or an offender having been coerced into committing a crime. But judges commonly compensate ad hoc, which has led to women on the whole receiving much shorter sentences than men when facing the same punishments. Critics say the sentencing benchmarks should provide more flexibility from the start — a change that would benefit women like James but also men in similar circumstances, whose extenuating factors may be even more likely to be overlooked. “The notion that you simply deal with a complicated situation by saying, ‘Let’s ignore the complexity,’ is idiotic,” said former federal judge Nancy Gertner, now a lecturer at Harvard Law School.

An article by Mark Weber. Lawyers beginning their legal careers in Big Law today earn more, specialize earlier and benefit from technology that affords them flexibility. I’ve spent 24 years working with students, alumni and employers. Here are seven notable changes impacting new lawyers today.

Deep in debt and undercut in the marketplace by renewable power, the big utility company FirstEnergy appealed to the Trump administration on Thursday to use emergency powers to let it charge more for standby power from its coal and nuclear plants. The request, in a letter to Energy Secretary Rick Perry, followed an announcement that the company plans to close three nuclear plants in Ohio and Pennsylvania unless they can get a break...In a detailed thread on Twitter dissecting FirstEnergy's bid, Ari Peskoe, an energy analyst at Harvard University, said the company's argument was "dizzying" in its critique of FERC, which regulates the grid, and PJM, which operates it regionally. The company called FERC's reliance on advice from the grid operators "misplaced" since between them they have allowed the markets to move in ways that put companies like FirstEnergy at a competitive disadvantage.

FirstEnergy Solutions says DOE must act to save coal and nuclear power in the mid-Atlantic, but the region's grid operator says there's no emergency — and in fact, it will probably get along just fine without FirstEnergy's power plants. In a highly unorthodox application to Energy Secretary Rick Perry, the subsidiary to FirstEnergy Corp. blasted PJM Interconnection and FERC for failing to ensure that coal and nuclear plants make enough money to stay afloat..."The chutzpah involved here!" said Ari Peskoe, director of the Electricity Law Initiative at the Harvard Law School Environmental and Energy Law Program. He said the company's request was the same as Perry's earlier proposed rule, but this time "with a statutory mechanism." "They’re asking it for numerous other entities that have not made the request, and some were opposed to the original NOPR," Peskoe said.

An essay by Jeannie Suk Gersen. In recent weeks, the former Playboy model Karen McDougal and the adult-film actress and director Stephanie Clifford, also known as Stormy Daniels, have forged ahead unbound. Both women sold their silence concerning their sexual encounters with Donald Trump, and now both are asking a court to declare those contracts void. All the while, they’ve been giving extensive media interviews on matters ostensibly covered by the agreements—most notably Clifford, in a much-hyped “60 Minutes” interview. A legal arrangement in which someone is paid not to talk (in Clifford’s case), or in which one sells one’s story in order to quash it (in the case of McDougal), is not unusual.

Unemployment among 16-24 year-olds in the US - at 9.2% - is twice the national average. Andrew Leon Hanna [`19], formerly with Generation, a youth employment initiative founded by McKinsey, tells us why.

If you’re one of the millions of Americans feeling like it’s time to start better protecting your personal data, you’re pretty much out of luck, according to cybersecurity experts...When asked what people can do to prevent their data from being harvested without their direct knowledge, security technologist Bruce Schneier’s answer was chillingly straightforward. “You can’t do anything. That’s the fundamental problem with this,” he said...“You live in the United States and the United States doesn’t regulate surveillance capitalism. Your data can be bought and sold without your knowledge and consent. That’s the way it works,” he said. “If you don’t like that, lobby your congressman. That is your only option.”

Talk has been circulating for some time now about President Trump’s legal team, with experts commenting that it appears to be inexperienced and hardly a match for the vaunted band of legal “killers” that special counsel Robert Mueller has assembled for the Russia probe...Good white-collar defense lawyers can see into the future — and that skill is only built by having done it before, said Harvard Law School Professor Alex Whiting, a former federal prosecutor whose career has also included leading prosecutions at the International Criminal Court in The Hague. “Complex federal criminal investigations are their own world,” he said. You need to know how these cases unfold. You need to know strategically how they may develop and how decisions you make today can affect other parts of the case.” Such cases can stretch out for years so the long-range view is key, Whiting said. “Every day you’re making decisions that will have impact one year, two years, and three years down the line.”

The revelation this week that President Donald Trump's lead defense lawyer may have offered pardons to two key witnesses in the Russia probe raises significant questions. What was the motive behind the alleged offer? What was the response, if any? And most importantly: was the lawyer acting of his own accord? Or was it with the knowledge, and possibly at the direction of, the president?...Alex Whiting, a former federal prosecutor who is now a professor at Harvard Law School, said it was "unimaginable" that Dowd would have acted without the president's knowledge. "First, this isn't just any client and any case Dowd was handling," Whiting said. "You're talking about defending the President of the United States, and there's going to be much more care of what you do on behalf of your client."