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News@Law, 10/04/2016

News@Law is a selection of the day's news clips regarding Harvard Law School.
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Today's News

Associated Press
Experts: No clear criminal case over Trump tax disclosure
Donald Trump tax documents were published without his permission in The New York Times, but that doesn't necessarily make for a clear-cut criminal case against the newspaper or its source...Yet the Trump tax disclosure also comes at a time when waves of hacks and leaks are inuring people to the idea of invading privacy, notes Jonathan Zittrain, a Harvard Law School professor whose specialties include privacy. It may be one thing when journalists are revealing information about as public a figure as Trump, but if everyone's information and communications come to be seen as fair game, "at some point, this is not, then, a phenomenon that is about public accountability," he said. "It's a phenomenon that could be chilling."
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Bloomberg
Meet the Machines That Know What’s Funny
An op-ed by Cass Sunstein. “I'd like to buy a new boomerang please. Also, can you tell me how to throw the old one away?” Never mind whether you think that joke is funny. Do you think your best friend would like it? You might think you know the answer; after all, people like each other partly because they make each other laugh. At the very least, you might be confident that a mere machine, equipped with data about how other people react to jokes, couldn't do better than you in answering the question of what your best friend will find funny. If so, think again.
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Bloomberg
Supreme Court Begins Term With Crime and Punishment
An op-ed by Noah Feldman. The first Monday in October this year is also the first day of Rosh Hashana -- so oral arguments for the new Supreme Court term will begin instead on a Tuesday. Chief Justice William Rehnquist, who was reputedly unsympathetic to Justice Ruth Bader Ginsburg’s request to turn the court’s Christmas party into a holiday party, must be spinning in his grave. But Rehnquist’s former law clerk, Chief Justice John Roberts, is apparently more ecumenical -- and it’s a different era, with three Jews on the court and a fourth nominated to it. Nevertheless, the Jewish New Year is two days long (or, one long day according to the rabbis). And perhaps it’s appropriate that on the day when, according to tradition, God sits in judgment of his flock, the court will consider one case about crime and one about punishment. The first is about whether it’s federal bank fraud to rip off a customer rather than the bank itself. And the other, more subtle case is about whether double jeopardy allows charges to be retried when the original jury acquittal was logically irrational.
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WBUR
James ‘Whitey’ Bulger Appeal Rejected By U.S. Supreme Court (audio)
The United States Supreme Court today declined to hear the case of Boston gangster James "Whitey" Bulger. A jury in 2013 convicted Bulger for his role in 11 murders, extortion and drug offenses in the 1970s and 1980s. Because of the decision, the 87-year old will continue to serve his life sentence. Guest: Nancy Gertner, former Massachusetts federal judge, senior lecturer on law at Harvard Law School and WBUR legal analyst.
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