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Fall 2001

Fall 2001

(September 2001 - December  2001)

Prof. Richard Briffault was quoted in an article entitled, “Panel Weighs New Methods For Security In Times Sq.” In the article, Professor Briffault provides commentary on the new security measures that the Times Square Business Improvement District is weighing in response to the terrorist attacks on the World Trade Center. The New York Times, December 31, 2001.

Prof. John C. Coffee, Jr. was quoted in the following articles:

  • “SEC May Clarify Rules for IPO Allocations, Pitt Says.” Bloomberg News, December 31, 2001.
  • “SEC chief says first fair-disclosure case near; Investigations involve at least six companies.” The Seattle Times, December 25, 2001.
  • “SEC Plans Action on Disclosure Directive.” Sun-Sentinel (Fort Lauderdale, FL), December 24, 2001; Bloomberg News, December 25, 2001.

Prof. Jeffrey A. Fagan was quoted in an article entitled, “Teens in Adult Prisons Fare Poorly. Higher Percentage Returns to Crime.” Miami Herald, December 25, 2001.

Prof. Michael C. Dorf penned a column entitled, “Drug Treatment Courts and Other Problem-Solving Institutions: An Idea Whose Time Is Coming.” Findlaw.com, December 24, 2001.

Prof. John C. Coffee, Jr. was quoted in the following articles:

  • “CTI says ex-chief threw trials.” The Deseret News (Salt Lake City, UT), December 24, 2001.
  • “It’s Payback Time: Some bills from the stock bubble are now falling due.” U.S. News & World Report, December 24, 2001.
  • “Computerized Thermal Says Ex-COO Tampered with Cases.” Bloomberg News, December 22, 2001
  • “Auction Houses Are Set Back By Conviction In Price-Fixing.” The New York Times, December 7, 2001.
  • "Enron troubles could extend to Arthur Andersen.” USA Today, December 7, 2001.
  • "Enron Executives Pocketed Millions Before Collapse.” The New York Post, December 6, 2001.

Prof. Kimberlé Williams Crenshaw was quoted in an article entitled, “Voice Recognition: Can ‘Hello’ Cost You a Home If You're Black?” The story investigated individuals’ claims that they were linguistically profiled. ABCNews.com, December 6, 2001.

Dean Ellen Wayne responded to a reader’s question about failing the bar exam. New York Lawyer, December 6, 2001.

Prof. Jeffrey N. Gordon was quoted in an article entitled, "Enron’s Collapse: The Overview; Congress Is Zeroing In on the Complex Deals at Enron." The New York Times, December 5, 2001.

Prof. Conrad Johnson was quoted in an article about The Supreme Court’s refusal Monday to block the latest plan to integrate the neighborhoods of Yonkers, N.Y. The Advocate (Baton Rouge, LA.), December 4, 2001.

Prof. Patricia J. Williams weighed in on the controversial title of a new book by Randall Kennedy, an African-American scholar at the Harvard Law School. The Independent, December 7, 2001; The New York Times, December 3, 2001.

Prof. Patricia J. Williams provided commentary on the controversy surrounding the new laws, orders and policies that the Bush administration wants to impose in response to the events of September 11, 2001. The Observer, December 2, 2001.

Prof. Patricia J. Williams penned a column entitled, "By Any Means Necessary," which addressed the new USA PATRIOT Act and the unprecedented merger between the "functions of intelligence agencies and law enforcement." "Diary of a Mad Law Professor," The Nation, November 26, 2001.

Prof. Jim Liebman’s “A Broken System,” was mentioned in an article entitled “ The State; Appeal of Death Sentence Hinges on Competence; Defense: Lawyer’s Work In Two Other Murder cases Was Found Inadequate. Supreme Court Review Sought.” The Los Angeles Times, November 11, 2001.

Prof. Carol Sanger was quoted in an article entitled “ Relationships: Deceived: The Dad Who Discovered He Wasn’t His Children’s Father. The article refers to a case in which a father finds out he’s not his children are not biologically his when he takes a DNA test to find out more about his son’s genetic illness. In the US the number of paternity disputes have exploded in recent years. According to the American Association of Blood Banks, 280,000 paternity tests were conducted in 1999, three times more than a decade earlier. New technology mean’s it’s possible to prove a child’s biological parents to within 99.99% accuracy. Prof Carol Sanger says,”We no longer run the risk of a gazillion people coming forward to say ‘Howard Huges is my father’ because we can say ‘Stick out your finger and we’see.’ But there are real concerns about letting biology trump all. The state may want to make sure if they let one dad off the hook, they have another one paying, but the question is, what establishes a parental relationship?” The Mirror, November 10, 2001.

Prof. John C. Coffee, Jr. was quoted in an article entitled “Trial Beginning for Ex-Chairman in Sotheby’s Case.” The New York Times, November 8, 2001.

Prof. Samuel Issacharoff was quoted in an article entitled “The 2001 Elections: Ethics; Bloomberg Turns Down Tax Break for Business.” The New York Times, November 8, 2001.

Visiting Prof. Bill Lan Lee has been named partner at the law firm of Lieff, Cabraser, Heimann & Bernstein. The Recorder, October 30, 2001.

Dean David W. Leebron was quoted in an article entitled “A Nation Challenged: The Settlements; Claims to Federal Fund for Victims Trickle In.” Fewer people than expect have contacted a lawyers’ group that is offering to represent those seeking compensation from a federal fund for losses in the September 11 attacks. The fund approved by Congress, was set up to pay unspecified damages to victims who agreed not to sue for compensation. Dean Leebron said New York lawyers learned in recent weeks that many victims were confronting a tangle of legal concerns, like questions about possible evictions and uncertainties over the estates of the World Trade Center workers who died without wills. He said many victims might not yet have thought about compensation at all. “They’re not looking for relief in the traditional sense,” Dean Leebron said. “ They’re looking for help.” The New York Times, October 23, 2001.

Prof. Arthur W. Murphy was quoted in an article entitled “No Will Leaves All Ends Loose; Even After Terrorist Attacks, Many People Still Lack Plan for Allocation of their Assets.” According to a survey this past summer by the legal Web site FindLaw, 59 percent of American lack a will, and only 11 percent of those ages 18 to 34 have one. The result: After they die, people without a will have less control over the choice of guardian for their children and they leave the distribution of their assets up to state law. There are many options that the average person can take when creating a will. Some estate planners have been pushing living trusts which operate separately from a will but perform many of the same functions. Having assets in these privately administered vehicles avoids the time and cost of going through probate. But to Prof. Murphy, “the benefits of these trusts have been oversold. In reality, the biggest (estate-settlement) expenses tend to be taxes, and there’s no distinction between tax treatment under a trust or a will.” Newsday (New York, NY), October 21, 2001.

Prof. Richard Uviller was quoted in an article entitled “U.S. Hate Groups Seen As Bioterror Suspects.” The Daily News, October 18, 2001.

Prof. John C. Coffee, Jr. was quoted in an article entitled “Circuit Task Force Down on Auctions for Class Counsel Risks and Complications Outweigh Benefits in Most Cases, Report says.” New Jersey Journal, October 15, 2001.

Prof. Eben Moglen was quoted in an article entitled “Congress Talk of Brakes; Some Lawmakers Fear Broad Powers Would be Abused.” Chicago Tribune, October 10, 2001.

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

  • “Kurtis Anniversary Show Keeps Focus on Death Penalty.” The Kansas City Star, October 15, 2001.
  • “A Barbaric Punishment.” University Wire, October 12, 2001.

Prof. John C. Coffee, Jr. was quoted in the following articles:

  • “SEC reviews NYSE Broker Supervision; Regulation: Report says Exchange Failed to Monitor Floor Members Under Terms of A 1999 settlement.” Los Angeles Times, October 15, 2001.
  • “Insider Trading Probe Expands to 43 Companies: What Began with Andrew Rankin Leads to Others.” National Post, October 11, 2001.
  • “OSC Appears More vigilant Than U.S. Counterparts: Vigorous Enforcement.” National Post, October 11, 2001.
  • “E-Trade, Others Facing U.S. $100M Loss.” National Post, October 11, 2001.

Prof. Vincent Blasi was a guest on Thursday, October 11, 2001 broadcast of NPR’s show All Things Considered which discussed “Bush Administration’s Efforts To Control Information.”

George Washington University Cyberspace Policy Institute presents “Free Software: The Free Market/Free Speech Solution to the Microsoft Antitrust Problem.” Participants include Prof. Eben Moglen as the keynote speaker. Federal News Service, Inc., October 10, 2001.

Prof. Eben Moglen was also quoted in an article entitled “A Pay-As-You-Go World Wide Web?” Newsbytes, October 2, 2001.

Vice Dean Richard Briffault was quoted in an article entitled “Scholars Divided on Giuliani Bid”. Politicians over the years have responded in different ways to an adoring public. Mayor Rudolph Giuliani, who has seen his approval ratings soar since the September 11 terrorist attacks, has opted to respond by proposing to extend his term in office by at least three months. An informal sounding of scholarly opinion yesterday revealed an academic community divided over whether the mayor’s proposal amounted to an unacceptable breach of democratic tradition or a welcome, even necessary, response to a difficult time for the city. “In general, people are critical of rewriting the rules in the middle of a process,” said Prof. Briffault. “You’re usually able to write rules for the future, not for the present.” The New York Times, September 29, 2001.

Prof. John C. Coffee, Jr. was quoted in an article entitled “A Nation Challenged: The Regulators; SEC Needs A New Home, East.” The New York Times, September 28, 2001.

Prof. John C. Coffee, Jr. was quoted in an article entitled “Lawsuit To Shed Light On Lykes.” The New York Times, September 28, 2001.

Prof. Eben Moglen will speak at George Washington University’s Cyberspace Policy Institute in Washington, DC on October 10, 2001. Prof. Moglen will speak about copyright and patent law and how proprietary software restricts freedoms of software developers and of users, as well as speaking on the impact of the Free Software Movement. Business Wire, September 24, 2001.

Prof. Michael Dorf was quoted in an article entitled “Arab-Americans Fearing Rise of Bias; Tough Laws, Negative Polls Added to Fears of ‘Flying While Arab’; After the Assault.” The Atlanta Journal and Constitution, September 21, 2001.

Dean David W. Leebron and Assistant Dean; Dean and Director; Career Services Ellen Wayne were mentioned in an article entitled “Law Professors Concerned Over Clerkships.” The recorder, September 21, 2001.

Prof. Jim Liebman was quoted in an article entitled “ Laws Could get Tougher On Criminals.” Chicago Tribune, September 21, 2001.

Prof. Ronald J. Gilson was quoted in an article entitled “California and Minnesota Laws Butt Heads as an Employee Tries to Break his Noncompete Agreement.” Noncompete employment contracts are routine in technology, medicine or any industry where proprietary information is critical. They typically forbid an employee from going to work for a competitor for two years. But a giant loophole has long existed: California law doesn’t honor the contracts, a situation that played a part in allowing Silicon valley to flourish as employees changed jobs and joined a flurry of new companies. Now, for what could be the first time, the California Supreme Court has agreed to hear a challenge to how the 129-year-old law is enforced, making local employers nervous that their days of raiding competitors may be in peril. “..the out come is anybody’s guess. It’s unlikely California top court will unravel an old statute that has been credited with fueling the state’s economy,” said Prof. Gilson. Forbes, October, 1, 2001.

Prof. John C. Coffee, Jr. was quoted in the following:

  • “After the Attack; the Investigation; Options Exchange Joins Trading Probe; Markets: Inquiry Seeks Evidence of Manipulation by People with Advance Knowledge of Attacks.” Los Angeles Times, September 19, 2001.
  • “Who Made Millions.” Northern Territory News, September 19, 2001.
  • “Feds Probe reports of Profiting from Terrorism; Analysis Finds Huge Trading in United, American Airlines.” The Washington Times, September 19, 2001.
  • “After the Attach; The Investigation; European Stock Trading Scrutinized; Insurance: Regulators are Looking for Indications that Terrorists Used Short Selling to Profit from the Effects of the Attacks.” Los Angeles Times, September 18, 2001.
  • “AIG Sees Court Role for Claims Insurance.” Financial Times (London), September 20, 2001.

Prof. Jane C. Ginsburg gave a lecture on copyright in the digital age at the University of Maine School of Law on September 17, 2001. Portland press herald, September 18, 2001.

Prof. Michael C. Dorf was quoted in an article entitled “ A Nation Challenged: The Courts; Government Has Power to Curb Some Freedoms.” The Constitution does not give the government sweeping emergency powers to limit civil liberties. But legal experts say the courts have effectively ceded to the governments vast powers to limit many freedoms when the nation’s security was threatened in the past. “ The courts have always interpreted the limits on government action much differently during times of national crisis,” said Prof. Dorf. “So as a matter of practical fact, the government has emergency powers.” the new York Times, September 19, 2001.

Prof. Harvey Goldschmid was quoted in an article entitled “ After the Attacks: The Trading; SEC Waives Some Rules to Try to Ease Market Volatility.” Hoping to avoid a wave of panicked selling when the stock exchanges open, the government issued an order waiving certain regulations to permit companies and executives to help prop up the prices of their shares. Prof. Goldschmid was quoted as saying, “Given the magnitude of the tragedy that’s occurred, it seems perfectly prudent. The commission is fundamentally encouraging companies to buy their own shares, which is a way of keeping prices stable and discouraging any panic selling.” The new York Times, September 15, 2001.

Prof. John C. Coffee, Jr. was quoted in the following articles:

  • “Blame Game; When Retired Dentist’s Nest Egg Dwindled, He Accused His Broker of Leading Him Astray with Risky Bonds; When Advising, Brokers Told: Know Your Customer.” The Houston Chronicle, September 17, 2001.
  • “When Advising, Brokers Held to Strict Standards.” The Philadelphia Inquirer, September 11, 2001.
  • “Campaign Contributions or Conflicts of Interests?” USA Today, September 11, 2001.

Prof. Richard Uviller was quoted in an article entitled, "New Indictment of Ex-Officer Counts Baby among Victims." The Brooklyn DA filed a new indictment yesterday against a former NYC police officer accused of drinking all day and running down a family, including a woman who was eight months pregnant. The indictment charged the former officer with manslaughter in the death of the woman's baby, delivered by emergency surgery after she died. This decision was based on a NY law that defines a live birth as one in which the baby either breathes or has a heartbeat independent of the mother. Prof. Uviller said, "I can't imagine anybody arguing that a drug could make a dead person come alive. So probably the argument will be that if life functions could be induced, that person was not born dead." The New York Times, September 5, 2001.

Prof. Cynthia Estlund was quoted in an article entitled "New Recruits; 'White-collar' Workers Reach Out to Receptive Unions Sidebar: Alternative Benefits Keep Tradition in Mind." New York Newsday, September 2, 2001.

Visiting Prof. Anne Bayefsky was quoted in a number of articles:

  • "Durban, Racism and Islamism." The Boston Globe, September 3, 2001.
  • "Robinson In Durban: I Am A Jew." The Jerusalem Post, August 30, 2001.
  • "Jewish Leader Plans to Quit Racism Summit; Hostilities Precede U.N. Conference." Toronto Star, August 30, 2001.
  • "U.S. Envoy Arrives at Racism Forum; Awaits Word on Anti-Israel Resolution." The Washington Times, August 30, 2001.

Prof. John C. Coffee, Jr. was quoted in an article entitled "New Rules needed for Globalized Economy, Urge Conference Delegates." A number of lawyers, regional regulators and the European and US counterparts met to examine some of the issues at the Ninth Singapore Conference on International Business Law. Associate Prof. Ho Peng Kee, Minister of State for Law & Home Affairs, in his keynote address, said that technology has brought about an unprecedented level of globalization in the financial market place, and local laws must account for that. This point was also taken up by Prof. Coffee when he spoke about companies that operate within countries with weaker rules on corporate governance. Some companies prefer to list on exchanges where corporate governance rules are stricter. He said, " Many firms may compensate for this by listing on the stock exchange of stronger regimes, most notably the NYSE. There is a lot more enforcement when you list on the NYSE or NASDAQ." Channel NewsAsia, August 29, 2001.

Prof. John C. Coffee, Jr. was quoted in a number of articles:

  • "Will Wall Street Go Up In Smoke?; IPOs Don't cause Cancer, but they Could Spark the Next Class-Action Bonanza." Fortune, September 3, 2001.
  • "IPO Suits Flood Courts." The National Law Journal, September 3, 2001.
  • "Wall Street's Chinese Walls Aren't Strong Enough." Business Week, August 27, 2001.
  • "Warnaco Restating Earnings; To Post Loss." The New York Post, August 23, 2001.
  • "Judge Tosses Lawsuit Against Morgan Stanley Analyst." The Orlando Sentinel, August 23, 2001.
  • "Motorola Meeting Prompts Questions; Denies Violating Disclosure Rule." Chicago Tribune, August 23, 2001.
  • "The Fight for Computer Associates; More Legal Wrangling Over CA." New York Newsday, August 22, 2001.
  • "Mack Picks Legal Whiz - taps Gary Lynch to fight IPO Probe." The New York Post, August 21, 2001.
  • "Revised $193 Million Rite Aid Pact Wins OK." The Legal Intelligencer, August 20, 2001.
  • " Wall Street Analyst Cry 'Sell' at their own Peril; Business: Most Find that their Bonuses, Even their Jobs, Demand Upbeat Predictions and Good News." Los Angeles Times, August 19, 2001.
  • "CenturyTel Seeks Buyer for Wireless Businesses." The New York Times, August 16, 2001.
  • Vice Dean Richard Briffault was mentioned in an article entitled "Around the Island; Politics & Power; on Politics; Rich Get Richer - And Another Vote? " New York Newsday, August 16, 2001.
  • Prof. Eben Moglen was quoted in an article entitled "Copywrong?" Salon.com, August 31, 2001.

Dean of Career Services Ellen Wayne was quoted in article entitled "Video Interviews Coming Soon? A Pilot Program Is Underway." Since the spring a national test group of some 300 aspiring first-year associates has actually begun simultaneous "virtual interviews" with six blue-chip firms. basically the VIP pilot program has two steps. Law students began the text-based phase of the process in May. Written questions were posed on-line. Students responded at their convenience, and posted resumes and transcripts. In the second phase, students will respond on video camera to a single question. Presumably, some of them will be contacted for follow-up interviews in person. "This is not something we would encourage here," said Ellen Wayne. With virtual interviewing, she said, "It's a little hard to shake hands." New York Law Journal. August 17, 2001.

Prof. John Manning was quoted in an article entitled "Pataki Sues to Defend Budget Powers; Albany Lawsuit Contends the Legislature Violated Constitution by Passing Base-Line Budget." Arguing that he had to defend the power of the executive branch to shape the state's spending priorities against a constitutional assault by the legislature, Gov. George Pataki on Thursday filed suit over the base-line budget lawmakers approved earlier this month. When asked about the case, legal experts say that the constitution appears to be on Pataki's side. "I think he's got a strong case on the merits," said Prof. Manning. He added that the Legislature isn't powerless in the process, because it can keep axing items from the budget to force the governor to negotiate.

Prof. Carol Sanger was recently a guest on the CBS Morning News. CBS News Transcripts, August 15, 2001.

Prof. John C. Coffee, Jr. was mentioned in several articles:

  • In an article entitled, "Huge Award to Smoker Cut By Judge; Ruling: He calls $3 billion excessive, says he will order retrial unless man takes $100 million. Philip Morris vows to appeal," a Los Angeles judge ruled that a $3 billion award against cigarette maker Phillip Morris was excessive. He said he will order a retrial only if the cancer-stricken plaintiff declines to accept $100 million in punitive damages instead. Prof Coffee states that the reduction of damages leaves more money available for future cases against the cigarette company. The Los Angeles Times, August 10, 2001.

  • In an article entitled, "Up in Smoke Second of Two Parts End of Series; State, Lawyers Fight Over Settlement Fees," Massachusetts’ chief legal ally in the landmark settlement with the nation’s biggest Tobacco firm, concluded that the $178 million fee for the work that was done on the case was not enough. Brown Rudnick Freed & Gesmer says that under its contingency-fee contract with Massachusetts for the work that was done on the 1998 deal that will deliver about $8.3 billion to the state over the next 25 years, the law firm is owed $300 million more. Prof. Coffee, who testified at the arbitration on behalf of the state’s outside lawyers, agreed that Massachusetts law firms were under compensated. "In truth, Massachusetts (in its connection to the case) was slightly ahead of Texas" whose lawyers received $3.3 billion. The Boston Globe, August 10, 2001.

  • In an article entitled, "Investment Brokers Subject to Strict Rules of Conduct with Clients," State and federal laws, as well as who sell stocks or bonds to strict standards akin to those applied to lawyers and accountants. Prof. Coffee states, "The New York Stock Exchange’s – known as the ‘know your customer rule’-- is perhaps the strictest." The Philadelphia Inquirer, August 12, 2001.

Prof. John C. Coffee, Jr. was featured on CNN’s MoneyLine on August 10, 2001. The show’s headline was, "Dow Makes Incredible Comeback; Software Business, Nasdaq Continue to Struggle; Plunge in Producer Prices Causes Economists to Fear Deflation." The Dow making an incredible comeback, fell more that 100, then ending a day 117 on the plus side. Plus, Nasdaq continues to struggle as the uncertain software and PC markets have continued trouble. Also, producer prices plunged in July, causing more economists to fear deflation. Money manager, Alan Bond was arrested again. He is charged with fraud involving illegal allocation of trades between his clients’ accounts and his own. Prof Coffee stated, "This alleged fraud wasn’t detected by the government, the SEC by the defendant’s own brokers, who seemed to have been so embarrassed by the bold-faced nature of his trading that they called the SEC up and turned him in." Lou Dobbs MoneyLine, August 10, 2001.