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Fall 2000

Fall 2000

 (September 2000 - December 2000)

Prof. John C. Coffee was quoted in an article entitled “SEC Files Civil Charges Against Onetime Stock Guru.” Yesterday, the SEC filed civil fraud charges in Manhattan against John Westergaard, a top stock analyst, in what the agency called a case of stock promotion. Mr. Westergaard has prostate cancer and a letter stating his case to SEC chairman, Arthur Levitt, he said that the cancer had spread to his spine and that he was terminally ill. “He was a significant person,” said John C. Coffee. “It’s a sad story. There is certainly pathos to it,” Prof. Coffee said. “But I don’t think the SEC can give you a ‘Get Out Of Jail Free’ card if you are aged or infirm. How harsh they have to be is debatable.” The New York Times, December 28, 2000.

Prof John C. Coffee was quoted in an article entitled “Gramm’s Power Grab? Senate Banking Boss Orders Review As SEC Head Leaves.” The powerful head of the Banking Committee has just ordered a comprehensive review of the fundamental laws governing America’s security markets - just as powerful rival Arthur Levitt prepares to leave the SEC. One of the concerns behind the latest review is that technological change has left the depression-era securities law behind the times. “If you want to modernize securities law, the appropriate way is to get the administrative agency that knows the industry best into the mix.” said Prof. Coffee. The New York Post, December 28, 2000.

Prof. John C. Coffee was quoted in an article entitled “Lawyers’ Tobacco Suit Fees Divisive; Huge Sums Dismay Critics; Attorneys Fight For Full Cut; ‘The Money Is ... Incredible.” Members of the Tobacco Fee Arbitration Panel have awarded nearly $11 billion in fees to lawyers who have sued the tobacco companies. But in state after state, the fees have fueled intrigue and combat. They have come under fire as grossly excessive and wildly uneven. Prof Coffee says he believes the fees awarded to the states have been erratic. He attributes the variation not to a conspiracy, however, but to the vagaries of a subjective process. The Baltimore Sun, December 24, 2000.

Prof. Harvey Goldschmid was quoted in an article entitled “The Americas: SEC May Face Threat In Review Of Securities Law. Senate Banking Chief Phil Gramm Orders Overhaul of Legislation.” Phil Gramm, the US senator and head of the Senate banking committee, has ordered a far-reaching review of the US securities law that could lead to substantial reforms to the government’s overseeing of financial markets. “The 1933 and 1934 Acts can be improved but they’ve served the nation extraordinarily well and should be touched only with the greatest of care,” said Prof. Goldschmid. Financial Times (London), December 27, 2000.

Prof. Harvey Goldschmid was also quoted in an articled entitled “US Securities law To Be Put Under Microscope: Review Could Result In Major Market Regulation Changes.” National Post, December 27, 2000.

Prof. Jim Liebman’s “A Broken System” was mentioned in the following:

  • “Death Penalty Foes Gaining?; Virginia Executed Eight Inmates in 2000 ” The Richmond Times Dispatch, December 27, 2000.
  • “Legal Scrutiny Slows Pace Of Executions In Virginia” The Washington Post, December 26, 2000.

Prof. Michael Dorf was quoted in an article entitled “Gauging ‘Bush v. Gore’ Fallout.” As experts examine the 13-page per curiam opinion in Bush v. Gore, No. 00-949, many suggest that its short term practical impact and long-term jurisprudential value hinge on whether the equal protection principle that doomed the Florida recount can be limited to manual recounts in presidential elections, as the majority intended. “There’s nothing in the equal protection clause that limits its application to presidential or even federal elections,” Prof. Dorf said. “As I read the opinion, manual recounts without clearly defined standards are now suspect in every election in America.” The National Law Journal, December 25, 2000 - January 1, 2001.

Prof. Vincent Blasi was quoted in an article entitled “What Is Unknown Is How Free Ashcroft Would Be To Translate His Views To Policy; Nomination Could Repay Political Debts, With No Follow Through On Issues.” Just six weeks after losing his Senate seat, John Ashcroft stands poised to take over the Justice Department. Prof. Blasi predicts that Ashcroft will make good on his convictions, particularly when it comes to overseeing the selection of like-minded conservatives to the federal judiciary.

Prof. Richard N. Gardner is currently serving as a member of the US delegation to the United Nations General Assembly. Ambassador Gardner was named by President Clinton to serve as a US Alternate Representative to the 55th Session of the UN General Assembly and was confirmed by the US Senate on December 7th. He was sworn into office on December 12th by Ambassador Richard C. Holbrooke, the US Permanent Representative to the United Nations. Press release, December 20, 2000.

Prof. John Manning was mentioned in an article entitled “Bush’s Legal Eagle May Be Moving On Up.” The article named Prof. Manning as one possibility for office legal counsel during the Bush administration. The Washington Post, December 22, 2000.

Prof. Harvey Goldschmid was quoted in an article entitled “SEC Chairman To Step Down; Regulation: Although His Second Term Expires In ‘03, His Departure Next Year Was Expected With New President.” Securities and Exchange Commission chairman Arthur Levitt said Wednesday that he will step down by mid February after a record 7 ˝ year tenure. During this period, Levitt has pushed through a number of reforms aimed at helping individual investors, including a recently enacted rule which forces companies to disclose key information to small investors at the same time it’s released to professionals. “He’s shown courage and wisdom to go out on a limb and take strong positions and stick to them,” said Prof. Goldschmid. Los Angeles Times, December 21, 2000.

Prof. John Coffee was quoted in an article entitled “Longtime SEC Chief To Resign In February.” SEC Commissioner Arthur Levitt, appointed to head the SEC by President Clinton in 1993, developed a reputation during his tenure of forging consensus among disparate groups of investors, legislators and businesses. “He grew in office to become, quite possibly, the greatest [SEC] chairman,” said Prof. Coffee, who chaired the American Stock Exchange from 1978 to 1989. Pittsburgh Post-Gazette, December 21, 2000.

Prof. Samuel Issacharoff authored an op-ed piece entitled “...Novel Commitment To Fairer Voting Practices.” The News and Observer, December 20, 2000.

Prof. Patricia Williams and noted saxophonist Oliver Lake will appear in a performance piece entitled “Skin” based on the writings of Prof. Williams. The performance will take place on March 7th at the Reynolds Theater at Duke University. The Herald-Sun (Durham, N.C.), December 17, 2000.

Prof. Richard Briffault was quoted in an article entitled “Court’s Split Edict Comes Under Fire.” The historic US Supreme Court ruling that ended the presidential deadlock came under fire yesterday from critics, who warned the split decision might wither in the harsh light of history. “A lot of people are going to look at this and say the court is engaging in partisan politics,” said Prof. Briffault. “If people believe that, it’s devastating to our system.” Daily News, December 14, 2000.

Prof. Michael Dorf authored an op-ed piece entitled “Supreme Court Pulled a Bait and Switch.” Los Angeles Times, December 14, 2000.

Prof. Samuel Issacharoff authored an op-ed piece entitled “The Court’s Legacy For Voting Rights.” The New York Times, December 14, 2000.

Prof. Richard Briffault authored an op-ed piece entitled “The Ruling Comes With a Dark Cloud.” New York Newsday, December 14, 2000.

Prof. Samuel Issacharoff was quoted in the following:

  • “Confusion Reigns.” US News & World Report, December 18, 2000.
  • “Bush v. Gore May Leave Lasting Rancor On Court.” Fulton County Daily Report, December 14, 2000.
  • “Election 2000/ The Presidency/ The Justices Speak/ Thomas, Rehnquist Deny Politics Played Role In Ruling.” Newsday, December 14, 2000.

Prof Michael Dorf was quoted in the following:

  • “Fairly Or Not, Court Takes On Political Hue.” The Christian Science Monitor, December 14, 2000.
  • “The 43rd President: The Experts; Ruling Will Hold A Place, As Yet Unclear, In History.” The New York Times, December 14, 2000.
  • “America’s Judges Decide: 3AM News - I Concede... And This Time I Won’t Call Back; Defeated Gore Slams Verdict.” The Mirror, December 14, 2000.
  • “America’s Judges Decide: There’s No Winner. Just One Giant Loser...That’s Us.” The Mirror, December 14, 2000.

Prof. Vivian Berger was quoted in an article entitled “Defendant In Internet Sex Abuse Case Rejects Plea Bargain.” Oliver Jovanovic, the former Columbia University graduate student charged with kidnaping and sexually abusing a young woman he met over the Internet, rejected any possibility of a plea bargain yesterday, choosing instead to go through a new trial and risk a sentence of life in prison. Prof. Vivian Berger said Mr. Jovanovic’s refusal to plead even to a misdemeanor, while very risky, was logical. “He was accused of pretty outrageous and frightening conduct if she did not consent,” Prof. Berger said. “On the other hand, if she consented, it’s not a crime at all.” The New York Times, December 14, 2000.

Prof. Jack Coffee was a guest on “Marketplace Morning Report” where he and a number of other guests discussed the “Sprint-Worldcom Venture Shot Down, Angering Shareholders.” Investors in Sprint were particularly upset after government regulators shot down a potential lucrative merger with Worldcom. Nevertheless, Sprint executives collected perks as if the deal went through. “When asked about the situation Prof Coffee responded, “Well, I think this is a case in which we see management protecting themselves at the expense of shareholders.” Transcripts, December 13, 2000.

Prof. Jack Coffee was mentioned on CNN’s show “Market Coverage.” The topic of the show was “Sprint & Worldcom Merger Plans Boost Exec’s $$.” CNN transcripts, December 13, 2000.

Prof. Samuel Issacharoff was quoted in an article entitled “Confusion Reigns.” US News & World Report, December 18, 2000.

Prof. Michael Dorf was quoted in an article entitled “Contesting The Vote: The Legal Analysis; With Critical Decision Comes Tide Of Criticism.” The New York Times, December 13, 2000.

Prof. Richard Briffault was quoted in the following:

  • “Court Takes A swing At Gore; O’Connor, Kennedy Punch Holes In Case.” Daily News, December 12, 2000
  • “Is Fla. Court On The Wrong Side Of Law? What Supremes Could Do To Fix Mess.” Daily News, December 12, 2000

Prof. Jeff Fagan was quoted in an article entitled “Gunrunner’s Paradise.” In recent years, more than a thousand guns used in crimes across the nation came from Ohio, where it’s easy to buy guns legally and resell them to drug dealers and gangs for money. While many states have toughened gun laws in response to high profile shootings, gunrunners can walk into a shop, legally buy as many guns as they want-providing they pass a federal background check- and be back on the streets within minutes. “The reality is these guns just keep floating,” said Prof. Fagan. “There is often shared ownership of guns used in crimes and guns are given away in gangs or other social networks.” The Dayton Daily News, December 10, 2000 and Cox News Service, December 9, 2000.

Prof Samuel Issacharoff was quoted in the following:

  • “Contesting The Vote: The Law; Florida Justices May Have Put Cart First, Experts Say” December 10, 2000 The New York Times
  • “W. Faces Supreme Challenge In Halting Count” December 9, 2000 Daily News
  • “Election 2000/ The Presidency/ Courting Disaster?/ Justices’ Ruling Prompts Praise And Constitutional Concern” December 9, 2000 Newsday

Prof. Michael C. Dorf was quoted in an article entitled “Contesting The Vote: Legal Analysis; Florida Court Used A Classic Tool Of Judicial Review.” After Vice President Al Gore’s sweeping defeat at the hands of a Tallahassee trial judge last Monday, it was clear that his lawyers would have an uphill battle overturning the ruling. What became clear last night was that four justice of the Florida Supreme Court were ready to help the Gore team up that hill with one of the classic tools in the arsenal of appeals judges: they simply found that the trial judge, N. Sanders Sauls, had misunderstood the law. “This is a familiar move for appeals courts that want to reverse trial courts,” said Prof. Dorf. “You don’t say the trail misapplied the legal standard, you say the trail court applied the wrong standard.” The New York Times, December 9, 2000.

Prof. Jeff Gordon was quoted in an article entitled “ Eight Billion Reasons To Get Even With Schrempp.” After DaimlerChrysler’s ad hoc shareholder’s committee learned in mid-November that Chrysler Group chief executive James Holden would be fired, they found out they were getting axed too, too. The demise of the forum for US and German investors not only severed billionaire Kirk Kerkorian’s last official link to the former Chrysler Corp., it was also the final straw. On November 27th, the feisty investor filed an $8 billion lawsuit alleging that DaimlerChrysler and its CEO Jurgen E. Schrempp, committed fraud by claiming the deal with Chrysler was a “merger of equals.” Kerkorian’s suit has little chance of succeeding, but he’s too tenacious to ignore says, Prof. Jeff Gordon. Business Week, December 11, 2000.

Prof. Samuel Issacharoff was quoted in the following:

  • “Election 2000/ The Presidency/ Skeptical Queries Rule/ Shadow Of US High Court Decision, Dec. 12 Deadline Loom.” December 8, 2000 Newsday
  • “After Florida Ruling, Is Gore Now Going Down For The Recount?” December 6, 2000 International Herald Tribune

Prof. Ed Lloyd was a guest on CNN’s show Street Sweep, where he and anchor Terry Keenan discussed the “EPA’s Clean Up Order.” CNN transcripts, December 6, 2000.

Visiting Lecturer Michael Posner authored an op-ed piece which discussed human rights in Ireland for both the North and the South. The Irish Times, December 7, 2000.

Prof. Samuel Issacharoff was quoted in the following:

  • "Dec. Deadlines Yet Another Post-Election Point Of Contention" USA Today December 4, 2000
  • "Decision 2000/ America Waits; Gore Asks Judge To Resume Count; Law: Justice Scalia's Novel Legal Theory To Overule The Florida Supreme Court Affords Conservatives A Way Out. But A Narrow 5-4 Decision Could Be Viewed As A Partisan Exercise." Los Angeles Times December 3, 2000
  • "Ballot - Tamper Suit A Wild Card" Daily News December 1, 2000

Prof Samuel Issacharoff was a guest on CNN's show "Street Sweep." The show's headline was the "Fla. Supreme Court Will Not Speed Up Gore Contest." CNN transcripts, December 1, 2000.

Prof. Richard Briffault was quoted in an article entitled "Supreme Court Hears Florida Election Dispute." Daily News, December 2, 2000.

Prof. Eben Moglen was a guest on NPR's show "Morning Edition." The show's headline was "US Supreme Court's Hearing Of The Contested Election Today Has Some Similarities To An Election Case Heard in 1876." NPR transcripts, December 1, 2000.

Prof. Michael Dorf was a guest on NBC's show "Today." Prof Dorf and a number of other guest discussed "The Procedure The US Supreme Court Will Take In Hearing Arguments Over Florida Elections." NBC transcripts, December 1, 2000.

Prof. Michael Dorf was also a guest on CNN and MSNBC last week and FoxNewsChannel over the weekend.

Prof. Jim Liebman's study "A Broken System" was mentioned in an article entitled "Mis-Steps On Road To Injustice; In Va., Innocent Man Was Nearly Executed." The Washington Post, December 1, 2000.

Prof. Alan Westin was quoted in an article entitled "Americans Cautiously Willing To Share Info Online - Study." While the public remains wary about the growing threats to privacy posed by the increasing ubiquity of electronic communications, most Americans are willing to relinquish some personal information online - if sufficient safeguards are in place to protect their data, the author of a new study on privacy contends. "What you have is a growing concern about a loss of control (over personal data) by people," Prof. Westin, lead author of "Public Records and the Responsible Use of Information," told Newsbytes today. Newsbytes, November 30, 2000.

Prof. Richard Briffault was a guest on the television show, The Newshour with Jim Lehrer. The show was entitled "Legal Labryinth; Rough Weather; Mandate For Change; Reflections In Black." The Newshour Transcripts.

Prof. Karen Crenshaw just returned from Croatia where she presented a papaer and was rapporteur for a U.N. sponsored racism conference and leaves this week for Chile for a similar one.

Prof. Jim Liebman's study "A Broken System" was mentioned/ reported on in The Battalion, November 29, 2000.

Prof. George P. Fletcher authored an op-ed piece entitled "A Constitutional Test For Governor Bush." The Boston Globe, November 29, 2000.

Prof. Harvey J. Goldschmid was quoted in an article entitled "Big Investor Sues DaimlerChrysler, Objecting To `98 Merger Deal." Kirk Kerkorian, the corporate raider who tried to buy Chrysler five years ago, sued DaimlerChrysler AG and three of its top officials Monday, accusing them of having gained control of the American automaker under false pretenses in 1998. He asked a federal court to order Daimler to pay him $8 billion in damages and possibly to dissolve the merger. Prof. Goldschmid said that many corporate transactions were portrayed as mergers of equals but proved not to be. "There is an issue as to whether this would be material to a reasonable shareholder... After all, people understood Chrysler wasn't going to be the dominant partner." The New York Times, November 28, 2000

Prof. Harvey Goldschmid was also quoted in the following:

  • "Billionaire: Schrempp Lied About Merger" November 28, 2000 The Detroit News
  • "Investor Sues Daimler For $8 Billion" November 28, 2000 The Desert News (Salt Lake City, UT)

Prof. Vivian Berger's Columbia Law Review article, "Academic Discipline: A Guide To fair Process for the University Student," in which she studied the disciplinary procedure at over 200 American private and public colleges and universities, was mentioned in an article entitled "How Columbia Can Save Itself." The Village Voice, November 28, 2000.

Stacey D. Phillips `83, family lawyer of Phillips, Lerner & Lauzon in Los Angeles, instituted a new program in which small firms are able to give back to the community. She came up with the idea of having her firm adopt a different nonprofit public interest group each year. "For me, writing a check was not enough," she says. "You need to give your time and energy and make a connection." California Lawyer, November 2000.

Prof. Richard Briffault was a guest on ABC's show "World News Tonight Sunday." ABC transcripts, November 26, 2000.

Prof. Richard Briffault was quoted in an article entitled "High Court May Decide Presidential Race; The Issue The Impact What's Next." St. Louis Post-Dispatch, November 26, 2000.

Prof. Samuel Issacharoff was quoted in an article entitled "Counting The Vote: The Law; Ruling Is Seen As Affirming Primacy Of Will Of Voters." The New York Times, November 22, 2000.

Prof. John Coffee was quoted in an article entitled "Legal Fees Set In Auction Settlement." Lawyers representing more than 100,000 customers who sued Sotheby's and Christie's for fixing auction prices would be paid $26.75 million in legal fees for reaching a $512 million settlement that had received preliminary approval from a federal judge. Prof. Coffee said, "This is a far more modest fee than would have resulted if the court had simply followed more traditional methods of selection of plaintiff's counsel like assigning the case to the first attorneys who filed it." The New York Times, November 21, 2000.

Prof Richard Briffault was quoted in an article entitled "Clock's Ticking As Courts Try To Resolve Election Questions." The Dallas Morning News, November 20, 2000.

Prof. Samuel Issacharoff was quoted in the following:

  • "Allies Say Gore Should Concede If Fla. High Court Rules For Bush." The Atlanta Journal and Constitution, November 20, 2000.
  • "Election 2000/ The Presidency/ Difficult Legal Task For Gore." Newsday, November 27, 2000.
  • "Decision 2000/ America Waits; Gore Confronts Tough Odds In Legal War and In Beating The Clock; Vote: Florida Law Gives Judges Power To Upset An Election Or To Order A Re-Vote But The Dec. 12 Deadline Poses Onerous Limits." Los Angeles Times, November 26, 2000.
  • "Bush Win Isn't Sure Thing In Top Court Challenge." Daily News, November 25, 2000.
  • "Profs. Shocked That Justices Step In Election Mess." Daily News, November 25, 2000.
  • "Clock's Ticking As Courts Try To Resolve Election Questions." The Dallas Morning News, November 20, 2000.
  • "Counting The Vote: The Law; A Method To The Logic Of The Court Rulings." The New York Times, November 18, 2000.
  • "Florida Result Delayed; Legal Rulings Not Necessarily At Odds." Milwaukee Journal Sentinel, November 18, 2000.
  • "Clock's Ticking As Courts Try To Resolve Election Questions." The Dallas Morning News, November 20, 2000.
  • "Decision 2000/America Waits; News Analysis; Ruling Portends Long Judicial Trek To Finish; Law: An End To Contested Race Now Isn't In The Cards For Saturday And Will Likely Be Shaped In The Courts." Los Angeles Times, November 17, 2000.
  • "Courts Can't Unravel All Election Snags Don't Expect Any Judges To Declare The Next President." USA Today, November 17, 2000.
  • "Counting The Vote: The Courts; Action By Florida Official Adds Confusion To Lawsuits." November 16, 2000.

Prof. Gerald Neuman was quoted in an article entitled "Electoral Options; System's Problems May Be Well-Known, But There Are Virtues." Fulton County Daily Report, November 14, 2000.

Prof. Richard Uviller was quoted in an article entitled "Durst To Snag Part Of Missing Wife's Estate." Kathleen Durst's $130,000 estate is about to be distributed between her mother and her wealthy husband, who is under suspicion in her disappearance 18 years ago. Experts said that the civil court declaration of death, by which Kathleen Durst's estate will be distributed will have no impact on criminal probe. "For any criminal prosecution, death and cause of death has to be independently established," said Prof. Uviller. Daily News, November 17, 2000.

Prof. Patricia J. Williams reviewed a children's book entitled "Jefferson's Children: The Story Of One American Family" by Shannon Lanier and Jane Feldman. Prof. Williams says, "The concept of family that ultimately encompasses the extended Jefferson-Hemmings clan is simultaneously dysfunctional, loving and heroic. Of course, the real interest in any of this is the extent to which this particular clan is representative of us all - a symbol of the wild, varied mixed-up connections and disconnections, assimilations and alienations, that constitute the family of American citizens." The New York Times, November 19, 2000.

Prof. Vivian Berger wrote an article entitled "No Way To Treat A Baby." In the late 1980s, the Medical University of South Carolina (MUSC) teamed up with police and prosecutors to address the problem of cocaine use by pregnant women. The joint task force established a test-and-arrest procedure at the hospital. Patients whose urine tested positive were referred to substance abuse treatment; those who failed to comply or tests positive a second time are immediately taken to custody. Ten of the women who fell afoul of this harsh initiative sued for damages, claiming that it violated the Fourth Amendment. After losing in the lower courts they persuaded the Supreme Court to hear their case. Onlookers hope that the justices will ban the enterprise, which constitutes an unsavory amalgam of bad law, unethical medicine and unsound policy. The National Law Journal, November 13, 2000.

Prof. Richard Briffault was a guest on the television show "The Newshour with Jim Lehrer." The topic of the evening was the Florida Recount. The Newshour Transcripts, Monday November 13, 2000.

Prof. Richard Gardner was mentioned in an article entitled "Experts Debate Funding Of U.S. Foreign Programs At Georgetown U." Prof. Gardner chaired the first panel of the afternoon, entitled "Needs For The Future: Resources And Reform." University Wire, November 14, 2000.

Visiting Prof. Floyd Abrams was recently a guest on CNN's show, "CNN Larry King Live Weekend." The show was entitled "Recount Goes On, Rhetoric Goes Up As Election 2000 Heads To Court." CNN Transcripts, November 18, 2000.

Prof. Samuel Issacharoff was quoted in an articled entitled "Cases Could Hit High Courts GOP, Dems Take Opposite Routes." The Legal challenges to Florida's election results are numerous and multifaceted, and can be baffling to Americans craving some resolution to the presidential race. "Not since the Robert Bork hearings has there been such a popular focus on what the Constitution means," said Prof. Issacharoff, referring to the highly partisan Senate confirmation hearings in 1987 when the conservative judge was rejected for a spot on the Supreme Court. USA Today, November 14, 2000.

Prof. Samuel Issacharoff was a guest on CNN's show Street Sweep where he and a number of other guest discussed the Florida recount and whether or not the election could end up in court. "Well it's clearly going to end up in the courts. Whether the parties want to push it to the Supreme Court is something we don't know yet. At the end of the day what has to happen here is somebody has to be able to say that the will of the people has been realized, and there are real questions right now about whether the Florida electoral processes accurately reflect the will of the people," said Prof. Issacharoff.

Prof. Richard Briffault was quoted in an article entitled "Counting the Vote: The Strategy; Suit Is Seen As A Way To Speedily Shift The Case From Florida." The Republican decision to sue in federal court appeared to be a strategic effort to take the politically volatile case out of Florida, and possibly the hands of the local elected judges, as quickly as possible, experts on election law said yesterday. Prof. Richard Briffault, an election law specialist at CLS, said, "in absence of a showing that a recount does threaten the integrity and finality of the election, there is no legal requirement that you shouldn't have as complete a recount as possible." The New York Times, November 12, 2000.

Prof. Samuel Issacharoff was quoted in an article entitled "Election 2000/ The Presidency/ Charting New Course In Solving Dispute." Newsday, November 12, 2000.

Prof. Richard Briffault was quoted in an article entitled "The 2000 Election: Election law; Florida Courts Tread Wearily In Ballot Fights." While Florida courts have the power to overturn elections and order new ones, they rarely do so, legal experts said, because of their reluctance to interfere in politics and a presumption that no election is ever without flaws. According to some Florida legal experts, the bigger the contest the less likely and the more reluctant the courts would be to take action that would change the results declared by voting officials. In Florida, federal and state suits could all proceed through the courts at the same time, raising the possibility of contradictory rulings. "One would hope that one set of judges would bow out in favor of the other, but they don't have to," said Prof. Richard Briffault. The New York Times, November 10, 2000.

Prof. Samuel Issacharoff was quoted in an article entitled "Decision 2000/America Waits; Florida Judges Have Power to Upset Elections." Prof. Issacharoff, a national voting rights expert, said that federal law could be compromised if new county elections are ordered. "There is important federal policy that all elections take place on the same day," Prof. Issacharoff said. "A new election for Palm Beach is extraordinarily problematic" because both parties would try to influence the relative handful of voters who would decide the presidency. Los Angeles Times, November 10, 2000.

Prof. Richard Briffault authored an article in the November 14, 2000 edition of Newsday entitled "We Must Stay Calm In Election Mess."

Prof. Richard Briffault was a guest on CNN's show CNN Moneyline News Hour. The show discussed the Dow falling 85.70 points; NASDAQ tumbling 62.27 points; and the election uncertainty unsettling the market.

Prof. Jim Liebman's report on rates of error in capital sentencing was mentioned/reported on in an article entitled "Moratorium On Executions?; Poll: 58 Percent Favor Stoppage Until Resolution." The Richmond Times Dispatch, November 6, 2000.

Prof. John Manning was named as part of the GOP team of lawyers in an article entitled "Florida Vote Lands Miami In Federal Court." Cox News Service, November 13, 2000.

Prof. John Manning was named as part of the GOP team of lawyers in an article entitled "Powerhouse Legal Terms Face Off Today." The Palm Beach Post, November 13, 2000.

Prof. Debra Livingston was quoted in an article entitled "Federal Probe Lifts Hopes Of Police Reform; Pr. George's Should Expect Tension With Public To Increase, Experts Say." A federal civil rights probe into the Prince George's County Police Department could produce lasting reform but could also deflate officer morale and exacerbate long-running tensions with the community, say law enforcement experts and officers whose departments have gone through such investigations. "There's this judgment on each and every officer that they're all bad," said Prof. Livingston. "They see that the community complained about them, and that can quickly demoralize them." The Washington Post, November 13, 2000.

Prof. James Tierney was quoted in an article entitled, "It's The Prez, Calling Me!" With the senate and presidential races too close to call, both parties are flooding voters with recorded pitches from prominent citizens in hopes of swaying undecided voters. "I especially thought it was nice that Stormin' Norman thought of me," said Prof. Tierney. "It makes me feel important." Daily News, November 7, 2000.

Prof. John C. Coffee was quoted in an article entitled "Shareholders Suits Target More Internet Companies." The popping of the Internet bubble hasn't just decimated the stock prices of many once-highflying initial public offerings. It has also landed many of those companies in legal feuds with suffering shareholders. Internet companies accounted for 13.3% of federal securities class actions in the first five months of 2000, according to the National Economic Research Association. While there is no data yet for the last five months, evidence suggests that class-action lawyers still have their sights set on tumultuous tech stocks. "There's certainly been a collapse in the Nasdaq high-tech market, bust most stocks have not suffered dramatic single-day declines," Prof. Coffee said. For a company to face litigation, Prof. Coffee said, "there has to be some new evidence the market is totally surprised by an earnings restatement or some new or revised projection." Investor's Business Daily, November 6, 2000.

Prof. E. Allan Farnsworth `52 was quoted in an article entitled "Young Bulls/ Youths' Fancy Turns To Stock Market." Nationwide, experts are saying more and more people are catching the investment bug. Almost one in five 12-to-19-year-olds own individual stocks or bonds, and almost 8 percent own mutual funds. For some teens under age 18, "market participation" consists of following investments in a custodial account set up for them. Technically, these young speculators aren't supposed to trade in their custodial accounts. Under American contract law, according to Prof. Farnsworth, contracts with a minor are generally not enforceable against the minor. That makes brokerage firms unwilling to enter into contracts with minors unless it is a custodial account in which a parent or guardian acts as trustee. Newsday, November 5, 2000.

Prof. Richard Gardner was mentioned in an articled entitled "Do They Know Asia?" In this year's American presidential race, Democrat Al Gore and his Republican rival George W. Bush have staffed their teams with academics from top-notch educational institutions. Prof. Richard Gardner was listed as one of the advisers to Al Gore. The Straits Times (Singapore), November 4, 2000.

Prof. John C. Coffee was quoted in an article entitled "Securities Firms Among Grams' Donors; Grams Has Received Hundreds of Thousands of Dollars in Donations From the Industries He Oversees As Chairman of the Securities Sub-Committee." The chairman of the SEC set off some industry worries in 1999 when he suggested that it might be time to create an electronic system that would ensure the earliest orders to buy and sell stocks fetch the best prices. Some securities firms, which make their own markets and thus profit by controlling the flow of trade orders, turned to Congress for help. With the aid of Sen. Rod Grams, R-Minn., and several legislators, the talk of changes died, partly because of the concern that a government-run system wouldn't work. Prof. John Coffee said the current system allows stock exchanges and securities firms to give preference to their own customers in filling orders. As a result, he said, some investors who are the first to submit orders at a certain price don't get them executed before the market moves. Star Tribune (Minneapolis, MN), November 4, 2000.

Prof. Nathan Lewin authored an articled entitled "Appeal? Not Worth the Bother Unless You Have A Gimmick, Overturning a Conviction Can Be Very Tough." Legal Times, October 30, 2000

Profs. Jim Liebman's "Broken System" was featured on: October 30, 2000 Morning Edition

Prof. John Coffee was quoted in an article entitled "Foster-Child Advocates Gain Allies in Injury Lawyers." The article discussed the new strategy in which advocacy groups for children and personal injury lawyers are using the threat of multimillion dollar damage awards to try to change the deeply troubled foster system. In the past, individual damage suits for injured foster children were typically settled behind the scenes for small amounts. And efforts to win systematic changes through court orders have often been frustrated by failures of enforcement. But at the time when child-friendly policies figure prominently in election campaigns, the political potency of such cases may outweigh the legal drawbacks, said Prof. Coffee. "Plaintiffs' lawyers have learned that the class action can be very useful when the state agency has some vulnerability." The New York Times, October 27, 2000.

Prof. Harvey Goldschmid was quoted in an article entitled "Retiree's Suit Alleges Insider Trading At Honeywell." A federal lawsuit filed against Honeywell International accuses its top executives of deliberately withholding news of the company's lackluster financial performance in an effort to keep stock prices high before cashing in $18 million of their own stock holdings. Although judges have been quick to toss out spurious stockholder suits, those held to be valid can penalize corporate 1 wrongdoing quite heavily, said Prof. Goldschmid. Most of the successful civil actions are settled out of court, resulting in cash payouts, he also said. The Record, October 26, 2000.

Prof. Patricia J. Williams was the subject of an article entitled "A Genius At Pinpointing Racial Incongruities." The article discussed Prof. Williams' career and her successes over the years, including being awarded $500,000 by The MacArthur Foundation for what's popularly known as a "genius grant." The Plain Dealer, October 22, 2000.

Prof. Patricia Williams discussed the politics of technological advancements and their impact on the modern world in her lecture, entitled "Optical Illusions: Profiling and the Policies of Fictionalized Identity" at the University of Wisconsin on Monday night. During her lecture, Prof. Williams spoke of the fact that scientists are beginning to talk about a hypothetical utopian society and the fact that scientist are certain they can now genetically manipulate humans. "With the breakneck speed the world seems to move in, the next 1000 years still seem immense. It seems that our society should feel more endangered, but instead we tend to be inflicted with the pleasant." Prof. Williams says that she is in no way against human technology but still has many reservations concerning science. University Wire, October 17, 2000.

Prof. Williams' lecture, "Optical Illusions: Profiling and the Policies of Fictionalized Identity," was also reported on in the Wisconsin State Journal, October 17, 2000.

Prof. Patricia Williams was mentioned in an article titled "Summoning the Grit to Confront Racism." The articles discussed racism among children and how to talk with your children about racism. The Chicago Tribune, October 15, 2000.

Prof. John Coffee was quoted in an article titled "Activist Use Internet to Organize Shareholders." The article discusses how activist are starting to use the Internet to organize shareholders and among other things, are testing how to use the Internet to solicit proxies, which are absentee ballots in matters such as corporate board elections. Another problem with organizing the Internet is that shareholders can violate the SEC rules. Once a group of shareholders talked of forming even a loose coalition and pooling their shares, they should have filed a form with the SEC. The notification is required to prohibit secret groups. Prof. Coffee said that, "the rule has become a trap for the unwary, particularly in this Internet age with people talking about forming a shareholder coalition on message boards." San Jose Mercury News, October 15, 2000.

Prof. Jim Liebman
's report on rates of error in capital sentencing was mentioned/reported on in an article titled "Death Penalty System Likened to Pro Sports for Competition." Fulton County Daily Report, October 13, 2000.

Prof. Harvey J. Goldschmid was quoted in an article titled "IBP Buyout Deal Faces Legal Hurdles." IBP, Inc., the world's largest meatpacker, has been hit with a number of lawsuits since it's Oct. 1 agreement with an investment group led by Rawhide Holdings Corp. The group which includes IBP executives and Archer Daniels Midland Co., will pay $3.8 billion in cash and assumed debt to acquire IBP. The proposed agreement needs the approval of IBP stockholders to be completed. The lawsuits seek class-action status and accuses top IBP executives of placing their interests ahead of their obligations to shareholders. Shareholder lawsuits are not unusual after a company approves a merger or payout agreement and Prof. Goldschmid said the suits at IBP are no exception. Securities attorneys often file such suits as soon as a deal is announced in an effort to make an argument for their own appointment as lead attorney if a class of plaintiffs is certified by a judge. Omaha World Herald, October 11, 2000.

Prof. Jim Liebman's report on rates of error in capital sentencing was mentioned/reported on in the following:

  • October 11, 2000
    The Detroit News
  • October 11, 2000
    The University Wire
  • October 8, 2000
    Pittsburgh Post-Gazette

Prof. John C. Coffee was quoted in an article titled "Blame the Pundits." Worried that the self-dealing among research analysts, their investment houses, and their major clients will turn off ordinary investors, the Securities and Exchange Commission has begun taking steps to break up clubby relationships. Among other things, the SEC is looking for ways to ensure that conflicts of interest are disclosed when analysts tout stocks on TV. Prof. Coffee believes that eliminating private discussions between top CEOs and select analysts will remove one incentive for analysts to issue glowing reports. U.S. News & World Reports, October 9, 2000.

Profs. Jim Liebman and Jeff Fagan's, "A Broken System" was mentioned/reported on in the following:

  • October 4, 2000
    The Richmond Times Dispatch
  • October 8, 2000
    Pittsburgh Post Gazette

Prof. Jim Liebman was a guest on ABC's show Nightline, where he analyzed the case of Earl Washington, a mildly retarded man on death row accused of murdering Rebecca Lynn Williams, wife and mother of three. Prof. Liebman discussed the case as it related to "A Broken System." Nightline transcripts, October 6, 2000.

Prof. Patricia J. Williams will speak at Cleveland State University. The talk is part of CSU's speaker series, "Cultural Crossings: Defining the Humanities for the 21st Century." The Plain Dealer, October 6, 2000.

Former Dean Benno Schmidt was recently appointed the chairman of the board of Edison Schools, a private manager of public schools. Edison has contracts to manage 79 public schools with an enrollment of 38,000 in 16 states and 36 cities. The company manages these schools in return for per-pupil funding that is generally comparable to that spent on other schools in the area. Fulton County Daily Report, October 5, 2000.

Prof. Mark Barenberg was mentioned in an article titled "U.S. Lawmaker Quits Apparel Industry Watchdog Group." Prof. Barenberg was named as the chairman for the Worker Rights Consortium board after U.S. Rep. George Miller announced that he is stepping down as chairman. The WRC is a group which addresses abusive and inhumane conditions that have been uncovered in many foreign factories that make apparel carrying university logos. The Register Guard, October 3, 2000.

Prof. Ronald Gilson was mentioned as an expert witness in the U.S. Department of Justice's antitrust suit against Visa U.S.A., Visa International, and Mastercard International. Credit Card Management, October 2000.

Prof. Vivian Berger authored an article titled "Battered Women Hit Twice" for The National Law Journal. The National Law Journal, September 4, 2000

Profs. Jim Liebman and Jeff Fagan, as well as colleague Valerie West, authored an editorial in The National Law Journal responding to criticism of their report on rates of error in death penalty convictions, "A Broken System." The National Law Journal, September 4, 2000

Prof. Jim Liebman's report on rates of error in capital sentencing was mentioned/reported on in the following:

  • August 28, 2000: New Jersey Law Journal
  • September 2000: Essence magazine
  • September 3, 2000: Geraldo Rivera Reports: Deadly Justice (NBC)
  • September 5, 2000: The Atlanta Journal and Constitution

Prof. Patricia Williams was quoted in an article about the national conference on racism organized by the South African Human Rights Commission, which recently took place in South Africa. According to the article, Prof. Williams said at the conference that the term "quotas" was a media invention in the U.S. and was sponsored by the right-wing think-tanks in a bid to discredit affirmative action. Business Day (South Africa) and Africa News, September 1, 2000

Prof. John Coffee appeared on the NBC show "Early Today" to discuss the Emulex press release hoax, which caused the company's stock to drop dramatically. Prof. Coffee said, "The financial press has great responsibility, because it can cause the loss, as happened here, of $2 billion dollars to investors in about a half an hour of trading." CNBC News Transcripts, September 1, 2000