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News@Law, 09/22/2017

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

The Harvard Gazette
Spotlight on populist plutocrats
A rich candidate campaigns as a representative of the common man against a shadowy elite, but once in office governs in ways that support and enrich people like him...To understand the phenomenon of populist plutocrats, a Harvard conference on Saturday will host a gathering of analysts who will discuss political leaders from Italy, Thailand, the Philippines, Peru, and South Africa who share at least some of the expressed characteristics. In advance of the session, the Gazette interviewed Harvard Law School Professor Matthew Stephenson, who is one of the organizers and who researches anticorruption from an international and comparative perspective, about how the gathering aims to help people learn lessons from around the world about how populist plutocracy works.
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Vox
What the Constitution says Berkeley can do when controversial speakers come knocking
An op-ed by Mark Tushnet. Next week is “Free Speech Week” at the University of California Berkeley. Conservative speakers, some very incendiary, are scheduled to appear in public spaces — the storied Sproul Plaza, the nearby Mario Savio Steps — offering their views on feminism, Islam, and more. Maybe the organizers really want to gather an audience that will listen to what the speakers have to say — the list seems quite fluid, but the names of alt-right provocateur Milo Yiannopoulos, anti-Islamic polemicist Pamela Geller, and former White House strategist Steve Bannon have been bandied about — and exit with changed minds. Mostly, though, they want to lay down a marker at what they regard as a center of intolerance for conservative views. And they probably expect some disruptions that will, they hope, discredit their opponents.
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Politifact
Mike Pence erroneously credits Thomas Jefferson with small government quote
Vice President Mike Pence defended the diminished role of Washington in the latest health care bill introduced in the Senate by citing ardent anti-Federalist Thomas Jefferson..."Thomas Jefferson said, ‘Government that governs least governs best,’ " Pence said. "I mean, the question that people ought to ask is, who do you think will be more responsive to the healthcare needs in your community? Your governor and your state legislature, or a congressman and a president in a far off nation’s capital?" It must be nice to have Jefferson on your side — except Jefferson didn’t say it. "This comes up a lot," said Annette Gordon-Reed, a Harvard legal history professor who has written extensively about Jefferson.
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Billboard
Why Taylor Swift Trademarks Her Lyrics and Why Other Acts May Follow Suit
Taylor Swift has made it clear to the world she controls her brand, and one tool the singer leverages regularly to achieve this goal is trademark law. Swift's team has been regularly filing trademark applications for lyrics and other slogans under her holding company, TAS Rights Management LLC, striking down infringers in the process. But does it really work, and is this approach for everyone?...Enforcing a trademarks can be more difficult than obtaining one, though, especially in the digital age...As Harvard Law School Professor Rebecca Tushnet put it, “It looks bad to sue your fans if they're doing it because they are your fans.”
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Denver Post
Third Colorado presidential elector joins lawsuit against Colorado Secretary of State Wayne Williams
Micheal Baca has become the third Colorado presidential elector to join a federal lawsuit against Secretary of State Wayne Williams alleging Williams violated their constitutional rights by making threats and removing Baca as an elector ahead of the high-drama 2016 Electoral College vote...The lawsuit was announced in August by Equal Citizens, an advocacy group founded by Harvard law professor Lawrence Lessig, and filed on behalf of two Democratic electors, Polly Baca (unrelated to Micheal) and Robert Nemanich...“The Constitution vests in electors the choice for whom they will vote,” Lessig said in a news release Wednesday announcing Baca has joined the lawsuit.
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The Verge
Facebook’s racist ad problems were baked in from the start
Facebook and Google, two of world’s biggest and most influential companies, pride themselves on their ad businesses. These operations generate tens of billions of dollars per year, thanks in part to letting advertisers target even the most obscure microcommunities using unprecedented sets of data. As the revelations of last week evidenced, however, that ability is a double-edged sword, one that has come back to haunt these ad-supported giants...“These kinds of controversies will keep happening because the scale and expectations around how many employees are needed to oversee the content or ad programs is teeny compared to the number of ads being served,” says Kendra Albert, a lawyer and fellow at Harvard Law School’s Cyberlaw Clinic.
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