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News@Law, 12/16/2016

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

The New York Times
Expect a Cozy Trump-Telecom Alliance
During the campaign, Donald Trump railed against powerful corporations and promised to prevent blockbuster mergers like the proposed $85.4 billion deal between AT&T and Time Warner. That was then. Since the election, Mr. Trump has been decidedly less interested in constraining the power of big companies, especially those in the telecommunications industry...The Senate would have to confirm the Democratic appointee as it would Mr. Trump’s choices. Democrats ought to pick a strong consumer advocate who will use the position to speak out forcefully for more competition in the industry and common-sense approaches like net neutrality rules. Susan Crawford, of Harvard Law School, and Tim Wu, of Columbia Law School, are two experts who specialize in telecommunication issues and fit that bill. Proper oversight, equitable access to services and fair pricing in telecommunications ought to be bipartisan concerns.
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The Economist
An early salvo in a trade war between America and China?
Anniversaries should be happier than that on December 11th, marking China’s 15 years as a member of the World Trade Organisation (WTO). On that day, China expected to be unshackled from its legal label as a “non-market economy” and attain “market-economy status”. In the event, America and the European Union refused to give it the nod. On December 12th the Chinese reacted: see you in court...The full scope of what they can do is still legally uncertain. Mark Wu, an assistant professor at Harvard Law School, thinks that “what we’re seeing now is the opening salvo of a long series of litigations.” The underlying difficulty is that China’s particular type of capitalism makes it difficult to fit into a binary view of a market, or non-market, economy. “That makes it really hard for the WTO to adjudicate this type of issue,” says Mr Wu.
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Open Source
Post-Democracy in America (audio)
...we asked two foreign-born, radical observers of law and civil society – Ugo Mattei and Roberto Unger – to play Tocqueville’s role today...Roberto Unger is the Brazilian professor of law at Harvard University who once served as Obama’s teacher and mentor. Not unlike Cornel West, he later turned against his former pupil, becoming one of the president’s most vociferous critics. Unger identifies himself as a “man of the left” but he also views Trump as the “lesser evil” in this election. He believes that the hypocrisies exposed by Trump’s election will reveal the fundamental weakness of political parties in the U.S. Now, he says, progressives will be forced to return to higher goals: they can no longer be satisfied by minor amendments and material redistribution.
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Anti-Trump Electoral College Revolt Faces Steep Odds
...Harvard University constitutional law professor Lawrence Lessig earlier this week suggested as many as 20 Republican electors were considering changing their minds about Trump, though that report has not been confirmed...Many constitutional lawyers question whether those laws are constitutionally enforceable. However, the effort to allow the electors to vote their conscience was dealt a blow earlier this week when a Colorado judge ruled that electors in that state were not allowed to switch their votes. Given the hurdles, the anti-Trump revolt is unlikely to succeed, admits Larry Tribe, another professor at Harvard Law School. But Tribe insists that electors “have a responsibility to the country and the Constitution, in extreme enough situations.” “And I think this is a pretty extreme situation,” he said.
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Harvard Gazette
The duo who upended intuition
...After writing several best-selling books that examined unsung mavericks who changed the way people think about and operate in baseball and on Wall Street by using data to help sidestep such cognitive blind spots, author Michael Lewis set his sights on the two men who first identified the flaws embedded in our thinking. In his new book, “The Undoing Project,” Lewis explores the colorful lives of Daniel Kahneman and the late Amos Tversky, who were sometimes called the “Lennon and McCartney of psychology.”...Lewis said the early spark for the book, whose title came from the pair’s effort to “undo the false view of human nature” as well as the unfinished work left after they ended their collaboration, came from Harvard Law School’s Cass Sunstein ’75, J.D. ’78, and Richard Thaler, a behavioral economist at the University of Chicago. In their New Yorker review of Lewis’ 2003 blockbuster “Moneyball,” about the then-emerging use of data analytics to exploit “market inefficiencies” in the way baseball scouts evaluated talent, Sunstein and Thaler pointed Lewis in the direction of Kahneman and Tversky’s research, noting that it was the intellectual foundation for such analysis.
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