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News@Law, 11/02/2016

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

Backchannel
The AT&T-Time Warner Merger Must Be Stopped
An op-ed by Susan Crawford. Why do companies merge? Presumably, in order to get ahead in a competitive marketplace. So here’s the unavoidable truth about the AT&T/Time Warner (TWX) megadeal: First, it’s not aimed at strengthening AT&T’s ability to compete in its current business — because the company faces no real competition. It’s quite happy in its current situation. Second, by entering into the business of originating as well as distributing content, AT&T’s incentive to favor that content over internet sources is hugely increased. The deal doesn’t make sense unless AT&T messes with video coming across its wires and wireless connections that might compete with the pay TV offerings (HBO and other TWX channels) and other high-capacity services that AT&T wants to sell.
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The New York Times
As China Battles Corruption, Glaxo Lands in the Cross Hairs
...The Glaxo case, which resulted in record penalties of nearly $500 million and a string of guilty pleas by executives, upended the power dynamic in China, unveiling an increasingly assertive government determined to tighten its grip over multinationals. In the three years since the arrests, the Chinese government, under President Xi Jinping, has unleashed the full force of the country’s authoritarian system, as part of a broader agenda of economic nationalism....“The executive so accused has an obvious conflict of interest in overseeing such an investigation,” said John Coates, a Harvard Law School professor. “Even if the executive were entirely innocent of the whistle-blower’s charge, giving that same executive the role of investigating the whistle-blower smacks of retaliation.”
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The Federalist
The Obama Administration Is About To Make International Adoption A Lot Harder
...Over the past 12 years, inter-country adoption in America has dropped off by a staggering 75 percent, with last year’s total of 5,647 the lowest since 1981. Other major receiving countries have experienced the same sharp decline—driven not a by global decrease in orphans, but by the changing politics of adoption...Child welfare advocates like Harvard Law professor Elizabeth Bartholet go even further, arguing that children have a fundamental human right to a permanent family, and that countries denying international adoption while keeping children in state care are guilty of violating human rights.
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OZY
Forget Copyright — Think Copyleft
Nina Paley’s breakout came when her animated rendition of the classic Indian epic Ramayana, called Sita Sings the Blues, racked up nearly a million views on YouTube. Roger Ebert, the famed film critic, gave the “whimsical” film a resounding four stars, while others dubbed the movie a cultural “tour de force” and the “Greatest Break-Up Story Ever Told.” Yet rather than collecting her bounty of advertising revenue and relishing her overnight fame, Paley waived all copyrights to her masterpiece — and instead copylefted, all wrongs reserved. “The law is an ass I don’t want to ride,” says Paley. Apparently neither do a growing number of other artists...Meanwhile, the costs of copyright are hidden but steep, argues Lawrence Lessig, Harvard Law professor and co-founder of Creative Commons. The regime quashes inspiration in a world where no one can build off another’s work without paying them an arm and a leg in licensing fees.
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ThinkAdvisor
John Bogle: SEC Should ‘Step Up’ and Issue a Fiduciary Rule
The Department of Labor’s fiduciary duty rule “is already changing the dynamics of defined contribution investing and will change the dynamics of IRA investing,” but the Securities and Exchange Commission should have been “the first in line” to issue a fiduciary rule, Vanguard founder John Bogle said Tuesday...Stephen Davis, a senior fellow at Harvard Law School’s program on corporate governance, another author of the book, said that in the U.S., there are “16 different intermediary levels between our money, which extracts money from us.”
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Bloomberg
Healing Christianity’s 500-Year Rift Is Worth a Try
An op-ed by Noah Feldman. Pope Francis is continuing along his remarkably liberal path, most recently by praising Martin Luther at a ceremony in Sweden beginning a yearlong 500th anniversary commemoration of the Reformation. Yet despite the pope’s openness, and the corresponding good faith of the Lutherans, the two sides were unable to effect a reconciliation. The episode raises two questions: Why try? And how is it that, in this post-theological age, not even Christian believers can get past their own wars of religion?
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