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News@Law, 11/22/2017

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

The New York Times
Washington Has Delivered a Tangled Message on AT&T’s Power
In a matter of hours this week, the Trump administration twice weighed in on one of the central issues shaping business and society today — just how much market power big companies should be allowed to amass. Yet in back-to-back developments, two federal agencies arrived at starkly different conclusions, and one company, AT&T, found itself on opposite sides of the debate...“The F.C.C. is saying that they’re going to give up any legal authority over regulating high-speed internet,” said Susan Crawford, a professor at Harvard Law School. “They’re handing the power to choose winners and losers online to about five companies.”
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The Wall Street Journal
In Two Tech Actions, Trump Administration Stresses Enforcement
Over just two days this week, the Trump administration has both sued AT&T Inc. to block its planned takeover of Time Warner Inc. and proposed allowing internet-service providers—like AT&T—to form closer alliances with content companies, like Time Warner. ...Because the FTC doesn’t have the authority to create and enforce broad rules, it isn’t in a position to police fast and slow lanes that may harm competition, said Jonathan Zittrain, professor of law and computer science at Harvard University and a former chairman of the FCC’s Open Internet Advisory Committee.
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The New Yorker
What the Least Fun Founding Father Can Teach Us Now
James Madison, who wrote the first drafts of the U.S. Constitution, sponsored the Bill of Rights, and served as the fifth Secretary of State and the fourth President, was America’s least fun Founding Father...That’s the kind of book one expects upon a first glance at “The Three Lives of James Madison: Genius, Partisan, President,” by Noah Feldman. But Feldman, the Felix Frankfurter Professor of Law, at Harvard Law School, has written something else: a palliative for the age of Trump that never names the current President, as told through the political evolution of an important weirdo whose constant recalibrations enabled him, with increasing success, to fight epic battles with his own, founding-era “haters and losers.” Feldman is at once subtle and candid about the aptness of his narrative.
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Milwaukee Journal Sentinel
More travelers say TripAdvisor blocked warnings of rapes and injuries at hotels around the world
...An investigation by the Milwaukee Journal Sentinel — published Nov. 1 — revealed that TripAdvisor had deleted reports of rapes, blackouts and other injuries and deaths among travelers vacationing in Mexico...Vivek Krishnamurthy, an instructor at Harvard Law School’s Cyberlaw Clinic, said most user review type sites have issues with how they are moderated. From inadequate staffing, to training and culture, problems persist...“Once you start playing with the content, it becomes trickier,” said Krishnamurthy of the Berkman Klein Center for Internet & Society at Harvard University. “The more you go down the road of becoming an e-commerce site with reviews, the protections start to look shakier.
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National Public Radio
Justice Department Threatens To Sue Harvard In Admissions Probe
The Department of Justice has opened a probe into the role of race in Harvard University's admissions policies and is threatening to sue unless Harvard turns over documents by a Dec. 1 deadline, according to correspondence obtained by NPR....In August when the probe was confirmed, legal experts told Carapezza that they were skeptical about the allegations of race-based discrimination: " 'It seems entirely consistent with President Trump's campaign rhetoric,' says Tomiko Brown-Nagin, a constitutional law professor at Harvard. Brown-Nagin points out that the Trump administration's decision to target affirmative action policies comes as racial tensions are rising on many campuses.
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The Jerusalem Post
How the ICC going after US for war crimes impacts Israel
From the Israeli perspective, there is both some bad news and some good news with regards to the legal bombshell that the International Criminal Court prosecutor dropped on the US on Monday. The ICC prosecutor filed a formal submission to move the US’s conduct in the Afghanistan War and its interrogation of its prisoners to a full criminal war crimes investigation...Top ICC expert Alex Whiting told The Jerusalem Post that the ICC decision regarding US targeting probably came about because “there just isn’t enough evidence of intent or that there was a policy to target civilians. They fall too much on the side of error rather than [of war crimes].”
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The National Law Journal
Defense Lawyers, Profs Dish on Special Counsels and ‘No Perfect Solution’
The panelists at a recent Harvard Law School discussion about the power of special prosecutors agreed on this: There’s no flawless system that uses the executive branch to investigate the executive branch...Panelists at the Harvard event, part of the law school’s bicentennial program, offered varying perspectives of what works, what doesn’t and what might be done about it. These were lawyers and Harvard law alums—now working at private firms, or at law schools—who brought unique insight to the challenges facing Robert Mueller III, the special counsel leading the investigation of any collaboration between Donald Trump’s presidential campaign and Russia’s interference last year in the election.
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