Media Mentions

An op-ed by Noah Feldman. Four thousand: That’s the number of political appointees President-elect Donald Trump’s transition team will have to pick in the next few months for the government to continue running effectively after President Barack Obama leaves office. The challenge is great for any new administration; it’s especially daunting for a political outsider whose staff, according to the Wall Street Journal, was surprised to hear last week that it would have to replace everyone in the West Wing.

An op-ed by Cass Sunstein. Democrats and progressives, you lost. You can fight President-elect Donald Trump, or you can join him. There will be time enough for fighting, but for now, I suggest that you join him -- at least on some of his high priority items. As it turns out, several of them are your priorities too.

An op-ed by Bradley Pough [`18]. The Democratic Party is in shambles. Come the new year, Republicans will control the presidency, Congress, and the Supreme Court soon after. They will control 69 of the 99 state legislative chambers and at least 34 governor's mansions. As the Democrats pick up the pieces from last week's debacle, few can look to 2018 for much solace, understanding that the midterm elections will likely carry even deeper losses. Although 2020 offers a glimmer of hope to a party sorely lacking bright spots, much of that hope is tempered by the reality of an aging Democratic bench without clear ideological leadership.

Michael Klarman, Harvard Law Professor and author of The Framers’ Coup: The Making of the United States Constitution, and Patrick Spero, Librarian at the American Philosophical Society and editor of The American Revolution Reborn, discuss their new books, putting a human face on America’s Framers and reassessing the clashes that helped define the Founding era. Tom Donnelly, senior fellow in constitutional studies at the National Constitution Center, moderated the discussion on Monday, November 14.

Massachusetts' attorney general is launching a new hotline to report harassment and intimidation of minority groups...Harmann Singh [`19], a Cambridge, Massachusetts resident, told necn that he experienced a racial incident over the weekend when a man came up to him in a store on Massachusetts Avenue and heckled him for his appearance. Singh is a Sikh but heard a clerk at a counter say, "there is a (expletive) Muslim." “I’m a Sikh, it’s the fifth largest religion in the world,” Singh recalled. “He continued to ask, ‘are you from Morocco,’ he kept guessing.” He believes the incident was just another racist feeling emboldened by Donald Trump’s presidential win. “There are a lot of feelings of not feeling safe in our own country,” Singh said. Singh, who’s also a Harvard Law student, fears more discrimination is likely. He says what made his most recent encounter more painful, is that no one spoke up or came to his defense.

Over the past two years, state Medicaid programs have done a better job of disclosing information about access to hepatitis C medicines and are also making progress in reducing or eliminating restrictions that pose a barrier to treatment, according to a new preliminary analysis...“We’re making progress, but many state Medicaid programs still limit access due to cost concerns and are dragging their feet,” said Robert Greenwald, who heads the Center for Health Law and Policy Innovation of Harvard Law School, which conducted the analysis and has filed lawsuits against two state programs over restrictions.

Cities and towns can constitutionally refuse to actively help President-elect Donald Trump in his move to deport millions of illegal immigrants — but the new administration could pull millions in federal funding if municipalities don’t oblige, according to legal analysts. “Most federal grant statutes would allow the president to withdraw funds if cities don’t comply,” said Mark Tushnet, a constitutional law professor at Harvard Law School. “You start out assuming the president can do it.”

[Correction from yesterday's news@law] With the election over, the next big question is: What next? To find out, we reached out to a collection of historians, hoping to get their thoughts on whether The Donald calls to mind, in one way or another, any of the nation’s previous leaders. From Trump’s policies to his rhetoric to his unbridled ambition — did anything about the man remind them of presidents past? And what might that tell us about the future?...“I’d compare Trump to Andrew Jackson because of both men’s populist rhetoric and xenophobic appeals. I also see shades of Richard Nixon in Trump’s ambition and temperament, as revealed on the campaign trail. Fortunately, campaigning for office and governing in a constitutional democracy are distinct enterprises.” Tomiko Brown-Nagin, Daniel P.S. Paul Professor of Constitutional Law and professor of history at Harvard University

After President-elect Donald J. Trump promised to “drain the swamp” that he sees in the nation’s capital, his millions of supporters are expecting vast changes in the sprawling federal bureaucracy, and conservative activists are drooling at the chance to remake, resize or reduce the reach of government...“He doesn’t possess the executive power to reorganize the government at whim,” said Jody Freeman, a law professor at Harvard University who served in the first Obama administration. “There are some minor things presidents can do, in terms of creating new offices in cabinet agencies. But the notion that he can single-handedly abolish agencies is fanciful.”

An op-ed by Noah Feldman. Only two presidents have had to deal with private lawsuits while in office. One was John Kennedy, who settled a suit involving a car crash that happened during his campaign. The other was Bill Clinton, sued by Paula Jones for making sexual advances toward her when he was governor of Arkansas. President-elect Donald Trump is involved in 75 pending lawsuits. That’s a problem -- potentially a serious one.

An op-ed by Noah Feldman. Vice President-elect Mike Pence has told evangelical leader James Dobson that the next administration will reverse President Barack Obama’s contraceptive mandate rules and transgender bathroom guidance -- both of which it can do without Congress. If Pence speaks for President-elect Donald Trump, both decisions would have major implications for cases now before the U.S. Supreme Court.

Dr. Lawrence Lessig is more than just another academic with a keen interest in Iceland. He has also been following Iceland’s experiment with a constitutional draft for years now, has written extensively on the subject, and has visited the country on a number of occasions to meet and consult with the people working most closely with the process. In the run-up to the parliamentary elections, the constitutional draft was a subject raised by a number of parties, so we touched base with Dr. Lessig to get his thoughts on what this draft means, and why it matters not just to Iceland, but possibly to the rest of the world.

A letter by Simon Hedlin `19. After a deeply polarizing election, Donald Trump’s priority should be bipartisanship. So, here are three things President Trump ought to do: 1. Nominate a moderate Supreme Court justice, such as Judge Consuelo María Callahan of the Ninth Circuit. Ms. Callahan, who is Hispanic, was nominated by George W. Bush and was confirmed 99 to 0 by the Senate. 2. Select several Democrats for high-profile cabinet positions. Senators Joe Manchin and Joe Donnelly, both of whom are known for their bipartisanship, would be good candidates. 3. Resist the temptation to fill vacancies with partisan surrogates like Newt Gingrich and Rudy Giuliani. Instead, Mr. Trump should look to outsiders, such as Paul Brest, former dean of Stanford Law School, and the activist investor Carl Icahn.

About 100 students, faculty, and staff from several of Harvard’s schools chanted and heard speeches around University Hall Thursday to protest Donald Trump’s victory in the presidential election. Reclaim Harvard Law—a student activist group at the Law School—organized the rally, dubbed “Harvard Against Hate.” Congregated around the John Harvard statue, students, activists, a custodial worker, and Cambridge city government representatives spoke about their reactions to Trump’s victory and called on Harvard affiliates to take action in response. They also urged attendees to support Harvard’s custodians’ demands in their ongoing contract negotiations with the University. Second-year Law student and Reclaim Harvard Law organizer Collin P. Poirot led attendees in chants of “Stand up, fight back”—a common refrain during last month’s dining services workers’ strike—and “Hey, hey, ho, ho, Donald Trump has got to go.” “A lot of people woke up on Wednesday in a country that basically told them that they hate them,” Poirot said in an interview.

Enforcement of the U.S. law against foreign bribery, considered a hallmark in the global fight against corruption, may drop during the Trump administration, some experts said. Others disagreed, however, saying it was too early to tell or that the new administration may want to show it’s serious...Matthew Stephenson, a professor at the Harvard Law School, wrote a post on the Global Anti-Corruption Blog this week saying the “era of vigorous FCPA enforcement…is over.” “It’s hard for me to imagine that the attorney general of a Trump administration…would make prosecuting foreign bribery a significant priority, or would devote substantial resources to this area,” he wrote. “It might take a little while for the change to become apparent–there are still some cases in the pipeline, after all–but I’d be shocked if the U.S. maintained anything like its current level of FCPA enforcement.”

An op-ed by Glenn Cohen, Dan Pedrotty, Jason Schmitt and Mario Nguyen `17. Midway through the first semester of the school year is a time when many college students begin struggling with exams, roommate disputes, and career plans. But the one-third of college students who are first in their families to attend college (“first-gens”) face a different formidable set of challenges. For two-thirds of these first-gens, college reality likely involves living at home and working while commuting to local community colleges or earning online degrees. Only 40 percent of first-gens will graduate from four-year colleges within six years, earning that critical degree that helps open doors to higher earnings and good jobs. This trend can be reversed but requires addressing challenges faced specifically by first-gens.

President-elect Donald Trump's vows to single-handedly gut Obama administration environmental regulations will be more difficult than he has portrayed, legal experts say. And any effort by Trump's U.S. EPA to rescind or revoke major scientifically based rules — like the air standard for ozone pollution — would be met with a barrage of lawsuits. "Lots of threats of this kind have come in the past," said Jody Freeman, a Harvard Law School professor and former climate adviser to President Obama. "Virtually every Republican administration comes in and says they want to deregulate. But when the rubber hits the road, there is little of it."

A letter by Simon Hedlin `19. The Nov. 9 editorial “If ‘boys are boys,’ they can’t play men’s soccer” was correct that the “boys will be boys” norm has helped enable sexual assault, especially on college campuses. But another crucial reason behind the high prevalence of sexual assault is simple ignorance. Other unwanted conduct is better understood and, therefore, easier to combat. People know, for example, that taking property directly from another person by force is robbery. By contrast, research shows that many people are unaware that sexual assault encompasses any type of sexual contact that occurs without consent.

An op-ed by Adrian Vermeule: In transitional justice, the "thick line" is a deliberate policy of forgetting what went before. I want to suggest a version of the thick line for the 2016 election campaign; more specifically, a one-year moratorium on pointing out the inconsistency or even hypocrisy of others, based on statements they made during the campaign.

An op-ed by Cass Sunstein. The Donald Trump presidency, coupled with the new Congress, is likely to produce major changes in federal law. But for the Supreme Court, expect a surprising amount of continuity -- far more than conservatives hope and progressives fear. If, as expected, Trump is able to replace Justice Antonin Scalia, the court will look a lot like it did until Scalia died in February: four relative liberals (Ruth Bader Ginsburg, Stephen Breyer, Elena Kagan, and Sonia Sotomayor); two moderate conservatives (John Roberts and Anthony Kennedy); and three relative conservatives (Clarence Thomas, Samuel Alito, and the new justice).

An op-ed by Noah Feldman. The financial markets thought Donald Trump’s conciliatory victory speech early Wednesday morning meant something. That interpretation seems plausible. If nothing else, Trump’s tone suggested that he realized the markets were getting volatile and that he wanted to calm the waters by giving the most conventional speech he’s ever delivered.