Media Mentions

...The Law School’s Immigration and Refugee Clinic has been Harvard’s first line of defense against Trump’s anti-immigration policies, offering legal assistance to Harvard affiliates with immigration concerns and filing high-profile amicus briefs in cases challenging Trump's travel bans. Still, according to Patricia N. Manos, a graduate student and supporter of the unionization effort, some Harvard affiliates are unaware of the University’s legal resources for TPS recipients...Manos added that the University’s legal clinics are also open to Harvard employees and students’ families: “It's worth noting, and a lot of employees don't know this, that the legal clinic is interpreting the Harvard community pretty broadly,” she said.

An op-ed by Susan Crawford. Like the repeated hook of a pop song that you can’t get out of your head, mergers between the already-powerful wireless giants keep coming. In the previous greatest hits category of wireless consolidation, the Obama administration managed to stop the music for a while: Its DOJ blocked AT&T from buying T-Mobile in 2011, and a 2014 effort by Sprint to merge with T-Mobile was rebuffed by regulators. But the beat goes on, as rumors are swirling this month that Sprint and T-Mobile will soon announce plans to merge. This 2017 merger reprise—an attempt to revive the bad old days when harmful acquisitions were shooed past regulators—should also be soundly rejected.

An op-ed by Noah Feldman. It was Richard Spencer’s party, and he can cry if he wants to. But the hecklers who shouted down the white supremacist Thursday at his University of Florida speech were invited guests, not government crashers. They held tickets distributed by Spencer’s own National Policy Institute. So they didn’t violate Spencer’s free speech rights by drowning him out with chants telling him to go home. Only the government is obligated to respect free speech rights -- and the university and law enforcement did everything by the book, to protect Spencer’s safety and preserve law and order outside the venue.

Two hours outside of D.C., near the Shenandoah Valley, 20 tiny houses sit on 80 acres of wooded land. Brooklyn-based Getaway brought them here after piloting its concept outside of Boston and New York. The idea? Put small cabins in remote locations near cities as a place to briefly disconnect. The co-founders, now backed with $15 million from Connecticut-based private equity firm L Catterton after a Series A that closed in February, opened reservations for D.C.-area residents earlier this month and, now, are preparing to welcome their first guest in about a week. The college friends and business partners, founder and CEO Jon Staff and co-founder Pete Davis [`18], started the company in 2015, when Staff was at Harvard Business School and Davis was at Harvard Law School.

With the deadline for public comment on the Department of Energy's controversial proposal to provide cost recovery for coal and nuclear power plants fast approaching, all sides have been weighing in. The DOE’s notice of public rulemaking (NOPR) is currently in the hands of the Federal Energy Regulatory Commission (FERC), which recently agreed to an expedited review period...In a filing this week, Ari Peskoe, a Harvard Law School senior fellow writing for the Harvard Environmental Policy Initiative, laid out a Iegal argument he discussed days after the NOPR first came out during an interview on The Interchange with GTM Research chief Shayle Kann. In simple terms, DOE hasn’t shown, or even proposed, that current wholesale rates in FERC-regulated jurisdictions are “unjust and unreasonable” or “unduly discriminatory” -- and without such a finding, FERC has no justification to act to change what’s already in place.

The Harvard Law Review launched a new online blog Tuesday aimed at providing more accessible, timely content alongside their usual long-form fare...“We’ve been publishing long-form, in-depth analysis in our print volume for over a century,” said Kathleen S. Shelton [`18], the Law Review's Blog Chair...Harvard Law professor Jack L. Goldsmith and legal journalist Benjamin Wittes wrote in a Tuesday post that the new medium will “foster better debates.” “Blogs are not, as they are often dismissed to be, shallow,” Goldsmith and Wittes wrote. “Of course they can be, just as an 80-page article can be. But to write well in this format, one must be expert enough to articulate the heart of an argument quickly and persuasively. That is not easy.”

Questions over the taxation of multinational corporations are putting strain on the relationship between the United States and the European Union, experts said at a Center for European Studies event Wednesday...The future of dialogue between the United States and the EU on tax issues has become more fraught in the wake of new international policies promoted by President Donald Trump’s administration, according to Stephen E. Shay, a senior lecturer at the Law School. “I think there is a lot of room for dialogue and for improving U.S. tax relations, but I’m not sure that the current administration is particularly interested in investing a lot of time and energy doing it,” Shay said.

An op-ed by Cass Sunstein. Karl Marx and his followers argued that revolutionaries should disrupt capitalist societies by "heightening the contradictions." Russia used a version of that Marxist idea in its efforts to disrupt the 2016 presidential campaign. It should come as no surprise that the most powerful nation from the former Soviet Union, whose leaders were schooled in the Marxist tradition, is borrowing directly from that tradition in its efforts today. What is more surprising, and far more important for American politics, is that President Donald Trump is drawn to a similar strategy.

An op-ed by Noah Feldman. The fall of Raqqa won’t be the last time you hear the words “Islamic State.” The name remains capable of inspiring acts of terrorism, and various groups fighting for territory in failed states around the world may continue to borrow the brand. But the collapse of the caliphate’s capital -- the last remaining symbol of Islamic State’s claim to control sovereign territory -- marks the end of what made the entity unique. Future historians will study how the capture of territory enabled what had been a ragtag group of Iraqi and a few Syrian jihadis to gain the attention and the imagination of supporters and opponents worldwide.

Students from schools across Harvard spent two hours debating the ideal qualities and priorities of the University’s next president at a forum hosted by the presidential search student advisory committee Wednesday evening...In the long-term, the committee plans to compile and send a report to the official search committee, composed of all twelve members of the Harvard Corporation and three members of the Board of Overseers, according to committee chair and Law School student Jyoti Jasrasaria ’12 [`18]. Jasrasaria said the group hopes to file its report by the end of 2017...“We are the second-ever student advisory committee, and it’s the first time we’ve ever done an event like this in Harvard’s history,” Jasrasaria said, referring to the committee’s decision to hold a public town hall to gather student perspectives on the search.

An op-ed by Mark Roe. It is considering replacing it with a solely court-based mechanism, which would be a mistake of potentially crisis-size proportions. Yes, creating a more streamlined bankruptcy process can reduce the decibel level of a bank’s failure and bankruptcy judges are experts at important restructuring tasks, but there are critical factors that cannot be ignored. Restructuring a mega-bank requires pre-planning, familiarity with its strengths and weaknesses, knowledge of how to time the bankruptcy properly in a volatile economy and the capacity to coordinate with foreign regulators.

An article by Nicholas Bruch, David Wilkins, and Maria J. Esteban Ferrer. Many falsely believe the Big Four were kicked out of the legal industry in the early 2000s. The Economist even went so far as to state, after the Enron scandal drove regulators to limit the range of legal services audit firms could provide, that "accountancy firms' drive in the legal arena is dead." Such reports—as Mark Twain once famously said when he was informed of a rumor of his own death—were greatly exaggerated. There is increasing evidence that law firms are finally waking up to this reality.

An interview with Lawrence Lessig. A Harvard Law professor said Hillary Clinton can still be made president if the Trump-Russia collusion story ends with a certain conclusion. Lawrence Lessig said he neither strongly believes it will or should happen, but explained that he explored the possibility after receiving several questions from the public. Lessig said that if there is conclusive evidence the Russians "stole" the election - by changing data, not minds through alleged advertisements - then there is a case for a Clinton presidency.

The Law School student government will conduct a mental health survey in early November as part of a broader effort to address mental health issues on campus. Amanda Lee [`18], the Law School student government vice president, said that University Health Services and the Law School’s Student Mental Health Association are also working on the survey. The Student Mental Health Association will also host a series of information sessions...The Student Mental Health Association’s president Terry M. Spinelli [`19] said the group is working to plan events about the Bar exam questions to give students more concrete information regarding the test’s expectations...Student Government is also partnering with Parody, a comedy musical production company at the Law School, to film a series of videos addressing mental health issues and resources on campus, according to Adrian D. Perkins [`18], the president of the Law School’s student government. He also said he thinks that the legal profession faces significant mental health issues, even beyond law school.

...After the election, Allred, a high-profile feminist activist and die-hard Hillary Clinton supporter, found herself at a loss for how to console the young women who admired her, according to a recent New Yorker profile of the lawyer. Not knowing what to say, she decided to act. Three days before Trump's inauguration, the two women filed a lawsuit against him and announced it at a press conference. They were suing Trump not for sexual harassment or assault but for defamation—the accusation is that Trump called Zervos a liar when he knew very well that she was telling the truth...John Goldberg, a professor at Harvard Law School, told me that politicians' jobs often involve calling their opponents liars, making defamation charges tricky. "A suit by a losing opponent, for example, would be regarded as 'sour grapes,'" he says.

In this article, author Heidi Gardner, distinguished fellow at the Harvard Law School Center on the Legal Profession, is interviewed by Anusia Gillespie on the necessity of a law firm's transition to an industry sector approach, and the steps to get there.

In testimony before the Senate Judiciary Committee on Wednesday, Attorney General Jeff Sessions continued to stonewall Congress by recycling an excuse he used four months ago. Sessions is seeking to avoid answering questions about his conversations with President Donald Trump, who has yet to invoke executive privilege regarding conversations with his top officials...“Attorney General Sessions is skating on very thin legal ice now that he has had more than four months to discuss the executive privilege issue with President Trump, given that his lack of opportunity to do so was the only excuse he gave for refusing to answer the Senate’s clearly relevant questions without invoking the privilege on June [13],” Laurence H. Tribe, a professor of constitutional law at Harvard Law School, told ThinkProgress in an email.

...Initiatives under way at HLS have returned it to a prominent role in advancing legal aid—and in developing new approaches that will change and enhance the delivery of these services in the future. Daniel Nagin, vice dean for experiential and clinical education and faculty director of both the school’s Legal Services Center and its Veterans Legal Clinic, is exploring improvements in legal services that could help bridge the divide between those who insist that lawyers are essential in providing legal services and those who believe they aren’t. Green professor of public law D. James Greiner, faculty director of the Access to Justice Lab, is HLS’s main proponent of the view that sometimes the solutions can be simpler and less expensive...[Martha] Minow emphasized HLS’s mission as a justice school, as much as a law school, by expanding opportunities for public-interest work and by bringing the curriculum and clinical offerings closer together—so theory informs practice and vice versa...Esme Caramello, a clinical professor who is the bureau’s faculty director, told me, “Within five years of graduating from the law school, a lot of students who did HLAB are in public-interest jobs, doing legal services and otherwise. They feel compelled to do this work.”

...In a panel discussion Monday evening at Harvard Kennedy School (HKS) moderated by MSNBC host Rachel Maddow, former members of President Obama’s cabinet, including onetime Secretary of Defense Ashton Carter, Secretary of Homeland Security Jeh Johnson, Secretary of Energy Ernest Moniz, and Samantha Power, U.S. ambassador to the United Nations, described what they see as a fraying of alliances, a loss of credibility with allies and enemies, a stepping back as a leader on human rights and democracy, and a relinquishment of diplomacy as a critical component of national security...“Is President Trump a person who gets haunted, who can think about other people, even in this country, as deserving of empathy and respect, or can he put himself in the shoes of others?” said Power, the Anna Lindh Professor of the Practice of Global Leadership and Public Policy at the Kennedy School and professor of practice at Harvard Law School.

An interview with Heidi Gardner. Whether you’re a business executive or a lawyer in a law firm, an in-house counsel or a sole practitioner, you have probably wondered whether collaboration matters to your business and how it can help. Heidi Gardner initially explored these questions during her tenure at McKinsey & Co. She continued that exploration later in the course of obtaining a doctorate on the subject of group collaboration. In her research, spanning what is now a period of 20 years, Dr. Gardner found that teams that fully leverage their members’ talents earn higher margins, inspire greater client loyalty and attract and retain the best talent. Much of that research culminated in her recent book, Smart Collaboration: How Professionals and Their Firms Succeed by Breaking Down Silos.

An op-ed by Benjamin Sachs and Noah Zatz. As National Football League owners and players’ union representatives meet in New York today and tomorrow to discuss the players’ recent demonstrations — the kneeling, linking arms or raising fists during the national anthem — they should know how the law views these protests. This will not only tell them what the league lawfully can do; it also will reveal something about American values.