Prof. Cynthia Estlund was recently mentioned in an article
entitled, "Management." There is a new online training program in
the workforce, developed by Littler Medelson, an employment law firm, and Employment
Law Learning Technolgies, and employment-law training company, to teach employees
and managers about workplace dos and donts. Workplaces are discovering
a bigger advantage in using computers to educate their workers about policies
against sexual harassment and age and racial discrimination: as a shield against
unwanted lawsuits. Prof. Estlund states that such training is a strong "affirmative
defense" to lawsuits. "The employer can escape liability for the conduct
of supervisors and probably also peers, if it can show that the employer acted
reasonable to prevent and remedy or deal any claim of harassment, and that the
employee did not act reasonable." The New York Times, August 6,
Prof. James S. Liebmans death penalty study was mentioned
in an article entitled, "A Deadly Serious Argument; Opponents of the Death
Penalty have Shifted their Strategy of Attacking the Practice on Moral Grounds
to Take a More Practical Approach, Such as Pointing Out Flaws In the System."
Statistics recently show that in death penalty cases, more death convictions
are imposed due to incompetent defense lawyers, prosecutorial misconduct and
defendants lack of access to DNA testing and other scientific evidence.
Prof Liebmans study shows that two out of three death sentences were overturned
on appeal. The Buffalo News, July 30, 2001.
Prof. Eben Moglen was mentioned in an article entitled, "Broadcasters
Must Pay Webcast Royalties, Judge Rules." Broadcasters must pay royalties
to musicians and record labels when they stream AM and FM radio content over
the Internet. Prof. Moglen states, "Todays ruling, a clear RIAA victory,
is also a crucial one. What happened was that the NAB screwed up. In the 21st
century, there (will be) no such thing as broadcasting. There is only streaming."
Post-Newsweek Business Information, Inc., August 2, 2001.
Prof. John C. Coffee was mentioned in an article entitled,
"Its Meekers Turn - Amazon, eBay Holders Taking Aim with a
Suit," a class action suit on behalf of Amazon and eBay shareholders was
filed by Philadelphia law firm Schiffrin & Barroway The allegations against
Mary Meeker, an internet guru, and her company, Morgan Standley are that she
pumped up Internet stocks so that her company could land lucrative underwriting
gigs. The suit states that investors purchased stock at inflated prices from
August 1, 1998 through January 22, 2001, thanks to Morgan Stanley not disclosing
all the facts. Prof. Coffee states, "Congressional hearings on Tuesday
reported that analysts were presented as impartial umpires but were compensated
like cheerleaders. Its not a big surprise that the next day, some law
firm goes after the best known of the Internet gurus." The New
York Post, August 2, 2001.
Prof. Alejandro Garro was mentioned in an article entitled,
"Promoting Truth as Antidote in a World of Brutality." The article
takes a look at Priscilla B. Hayner, the program director for the International
Center for Transitional Justice. Hayner has written a probing, comparative study
on truth commissions, "Unspeakable Truths," and advises nations emerging
from conflict on how to navigate between truth and justice. Prof. Garro has
followed Hayners work, and calls it unique. The Washington Post,
August 3, 2001.
Prof. Richard Uviller was recently mentioned
in an article entitled, "Tobacco Giant Cites Plaintiffs Credibility;
Courts: Phillip Morris Says Smokers Criminal Record Should Have Been Considered
by Jury that Awarded Him $3 Billion." Phillip Morris is trying to reverse
a $3 billion courtroom defeat against Richard Boeken, a smoker who accused Phillip
Morris of withholding crucial information regarding the critical nature of smoking.
Phillip Morris states that the credibility of the plaintiff should have been
considered in the case, arguing that Mr. Boeken lied to the court to collect
compensation on non-supported evidence.. They requested the judge throw the
case out due to the fact that Mr. Boeken had a previous criminal record of wire
fraud, stolen property and possession of heroin, and his credibility was questionable.
According to legal experts, evidence of convictions that involve dishonesty
or false statements is often admitted for the purpose of impeaching witnesses.
Prof. Uviller states that federal rules of evidence basically require that such
information be admitted. Its exclusion in the Boeken case could be "a very
strong point on appeal, because credibility appears to be critical in the case."
Los Angeles Times, July 29, 2001.
Prof. John C. Coffee was recently mentioned
in two articles:
In an article entitled, "States Try to Recover Millions
in Frankel Fraud Case," financier Martin Frankel, who is in a Connecticut
prison, is charged with securities fraud, stealing, and racketeering from
a chain of insurance companies he controlled. Dreyfus, the brokerage arm
of Mellons Dreyfus Corp. mutual-fund firm, is the company that was
associated with Frankel. Dreyfus is now being sued on allegations that they
repeatedly allowed unauthorized transactions to take place in the insurers
accounts. Investigations are underway as to the exact involvement of Dreyfus
in the supposed allegations. The suit seeks unspecified damages. Prof. Coffee
states that the commissioners, "have a duty to search for a deep pocket."
A racketeering claim recently made against Dreyfus strikes him as a "big,
big stretch" because the commissioners would have to show that Dreyfus
knowingly engaged in a pattern of illegal conduct. Tulsa World,
July 24, 2001.
In an article entitled, "CA Directors Non-Disclosure;
His Role on Board of Troubled European Firm Not in SEC Filing," Roel
Pieper, a former vice-chairman and chairman of Lernout & Hauspie, was
never accused of wrong doing in the scandal that landed top L&H executives
in jail earlier this year. Instead, he was praised for helping L&H secure
bankruptcy protection last year after the speech recognition software company
was toppled by reports that it overstated it revenues. Pieper, who was named
to CAs board of directors, in 1999, has never had to include information
about his L&H positions in SEC filings for his CA directorship. Prof.
Coffee said the Pieper "may be skirting the boundaries of an SEC rule
that requires disclosure of all material information to investors."
Newsday, July 25, 2001.
Prof. Jeffrey Fagan was mentioned in an article
entitled, "States Adjust Adult Prisons To Needs of Youth Inmates."
Like dozen of states in the 1990's, Nevada was a part of a movement to crack
down on juvenile crime by making it easier to punish teenagers as adults. And
in response to the tens of thousands of offenders under the age of 18, adult
jails and prisons have taken steps to cope with the special needs and dangers
of adolescents in an adult correctional population. In certain states, officials
have created special provisions for adolescents. Prisons are segregating youthful
inmates, even changing menus and adding meals to meet the nutritional needs
of teenagers. Prof Fagan states, "Even with these fixes to adult corrections,
adolescents will still spend years in tough, violent institutions where the
prison culture will shape their views of themselves and their futures. They
still will return home with the stigma of a felony conviction record that will
block their way into the workplace, making it very difficult for them to stay
out of prison." The New York Times, July 25, 2001.
Prof. John C. Coffee was recently featured on
ABC News, "World News Tonight with Peter Jennings." The headline,
"Merrill Lynch settles lawsuit", takes a look at a settlement that
Merrill Lynch, the nations largest financial service, made to an investor
who says he lost a fortune on the tainted advice of the firms star analyst.
Merrill Lynch is paying the investor $400,000, stating that they admit no fault,
only the matter will avoid the expense and distraction of protracted litigation.
Prof. Coffee states, "Arbitration is an unpredictable process. Its
not like courts where one precedent binds other courts. Frankly, theres
been very little disclosure by most analysts the kind of conflicts their subject
to." ABC News, July 20, 2001.
Prof. John C. Coffee was recently mentioned
in an article entitled, "Merrill Settlement May Spur Copycat Lawsuits Over
Losses." With the lawsuit agreement to pay $400,000 to a former disgruntled
client, Merrill Lynch, the nations largest financial service, may inspire
more claims, especially among wealthy clients with heavy losses. Merrills
former investor says he lost a fortune on the misleading advice of their top
analyst, advice that recommended a stock without disclosing a conflict of interest.
The settlement that Merrill agreed to pay out to their former client, although
they admit to no wrongdoing, could inspire claims from more disgruntled investors
looking for scapegoats and financial redress. Prof. Coffee states, "Copycat
litigation is a very frequent event. This particular success is likely to draw
a lot of imitation. There are a lot of other investors who can say the same
thing as this investor did." The Chicago Tribune, July 22, 2001.
Vice Dean and Prof. Richard Briffault
was mentioned in an article entitled, "Second-home Owner Out to
Get A Second Place to Vote." Harold M. Wit, a New York Investment banker
is using his considerable means to create a new right to vote. Although he resides
in New York State, he has summered at the same alternate location for 32 years.
Along with the help of Prof. Briffault, Mr. Wit has been laboring for more than
a year to challenge state election laws in New York and across the country.
The suit was dismissed last fall, but is scheduled for argument in August or
September before the 2nd U.S. Circuit Court of Appeals. "Wit wants to show
that this is not just a rich persons claim," said Prof. Briffault,
the vice dean and Joseph P. Chamberlain professor of legislation at Columbia
University School of Law, who will argue the case before the appeals court.
"This suit is about what should happen when constitutional law meets evolving
demographic reality." The Chicago Tribune, July 15, 2001.
Prof. Richard N. Gardner was mentioned in an
article entitled, "U.S. Opposition to Tribunal Worries European Supporters."
The European Union, who supports an International Criminal Court, fears that
the Bush Administration opposition towards the court could delay its necessary
ratification. The court must be ratified by 60 national legislatures before
it can operate. The international tribune would be the first to deal with crimes
such as genocide, war crimes and crimes against humanity. Republicans and some
leading Democrats are wary of the ratification of the treaty for fear it could
lead to capricious arrests of American officials or members of the armed services
abroad. So far, 36 of the 139 nations that signed the treaty have ratified it.
The United States signed the treaty last Dec. 31, under the Clinton Administration.
The Bush Administration refuses to send the treaty to the Senate for ratification,
and has also asked the United Nations for legal advise on how to withdraw its
signature. Prof. Gardner call the court, "a bridge too far" for Americans.
He states that it is unrealistic to lobby for the court in the United States,
"given that the leadership of the Republican Party has migrated from the
North to the South, and given that the United States is the worlds residual
peacekeeper." He advocates more effort at ratification of other treaties
with less opposition in the United States. The New York Times, July
Prof. James S. Liebmans "A Broken
System" was mentioned in an article entitled, " Influential voices
add to US debate on execution." For the first time in three decades, there
is serious national discussion in the US about the death penalty and the manner
in which it is applied. "Since 1973, 96 on death row have been exonerated,
including six last year, according to the Death Penalty Information Center.
The courts eventually find errors and overturn 68 percent of capital punishment
cases, according to a Columbia Law School study last year." The
Irish Times, July 14, 2001.
Prof. Eben Moglen was quoted in an article entitled,
"Sayings." On the Appeals Court split verdict in the Microsoft Antitrust
case, he states, "This is now a case that never ends." The
San Francisco Chronicle, July 1, 2001.
Prof. Michael Dorf was mentioned in an article
entitled, "Court Rebounds from Bush v. Gore." In the Bush v. Gore
decision last December, Supreme Court Justice John Paul Stevens warned of damage
to the stature of the US Supreme Court. Nonetheless, public confidence in the
nations highest court had rebounded. Sixty-two percent of Americans approve
of the way the court is handling its job. This is the same percentage that approved
in September 2000, three months before the Bush v. Gore decision. Prof. Dorf
states, "All of the justices have tried to protect an image of life is
back to normal within the Supreme Court, which suggests to me that things have
gotten pretty divisive in there. As far as the general public goes, people have
moved on." The Christian Science Monitor, July 2, 2001.
Prof. Samuel Issacharoff was mentioned in an
article entitled, "Election Opinion Defines Justices; Supreme Court Reflects
Deep Divide." The Supreme Court term that ended last week had its share
of important cases with long-term significance and practical effects. For the
next several years, it will be remembered almost exclusively for Bush v. Gore
and a 5-4 ruling that decided the presidency. Prof. Issacharoff states, "In
the past several years, weve had areas of the law that have come to define
the work of the court. But in no instance has one case so dominated the courts
agenda and public perception of the court as Bush v. Gore. I think its
without parallel going back to Roe, probably to Baker vs. Carr in 1964 and maybe
even to Brown vs. Board of Education in 1954." The Baltimore Sun,
July 2, 2001.
Prof. Harvey Goldschmid and Prof John
C. Coffee were mentioned in an article entitled, " GE Takes Chance
On Acquisition; Experts Say Honeywell Deal Is Flawed." Legal experts say
that General Electrics proposed takeover of Honeywell International Inc.,
is best terminated to avoid a precedent-setting rejection by European regulators.
A rejection would establish General Electric dominant in certain industries,
therefore prompting greater European scrutiny of GE acquisitions. Prof. Goldschmid
states, "The trick for GE is to end the merger as cleanly as possible."
Prof. Coffee states, "Someone can always sue, but I dont think that
will be Honeywells focus. Theyve got to decide what they want to
do visvis United Technologies whether they want to stay independent
or be on the auction block." Sun-Sentinel, July 3, 2001.
Prof. Carol Sanger was mentioned in an article
entitled, "Among Nuptial Agreements, Post - Has Now Joined Pre-."
Prof. Sanger states, "It can be hard to tell whether postnups are a step
toward divorce or not. In some cases, it may be, Well get a postnup
and live happily ever after. But I think its often Lets
get a postnup, wink, wink, so I can get everything locked down. Legally,
its a little like a prenup, but the stakes are higher, since the parties
are already married. And its a little like a divorce settlement agreement,
but thats more clearly adversarial. Its really an unchartered area,
and all the states are trying to figure it out now." The New York
Times, July 7, 2001.
Prof. James Liebmans death penalty study
was referenced in an article entitled, "A Capital Defense?; Are Court Appointed
Lawyers in Virginia Providing a Quality Defense in Trials Where the Lives of
Their Clients Are At Stake? Its a Common Complaint Not Easily Proved And
Its an Issue That May Get a lot of Attention This Year." In the story
of a murder of 87 year old Annie V. Lester, by convicted murderer, James Edward
Reid, his court appointed lawyers put up no defense, and placed the fate of
Reids life in the hands of Montgomery County Circuit Court Judge Ray Grubbs
rather than a jury. Grubbs sentenced Reid to death. James C. Turk, Jr., one
of Reids lawyers today, states that Reid had a defense. He was brain damaged
and so drunk when he committed the crime that it could be argued he was incapable
of premeditation. Capital punishment opponents and defense experts believe that,
if Reid had been represented by more experienced lawyers, it is likely he would
not be on death row today. They argue that Reids is yet another case demonstrating
that Virginia does not provide adequate defense counsel to indigent capital
murder defendants. Prof. Liebmans death penalty study shows that between
270 and 300 people are condemned to die in state courts. From 1973 to 1995,
almost 70% were overturned by appeals courts due to serious flaws. The
Richmond Times-Dispatch, June 24, 2001.
Prof. Eben Moglen is mentioned in an article
entitled, "Tasini Ruling: Will It Impact Digital Music?" A U.S. Supreme
Court decision ruled 7-2 in favor of freelance writer Jonathan Tasini, saying
that publishers must seek the permission and compensate writers if freelance
articles are resold to online databases like Lexis Nexis - provided that the
writers initial work contracts did not specifically grant e-publishing
rights up. Post-Newsweek Business Information, Inc. Newsbytes, June
Prof. Richard Briffault was mentioned in an article entitled,
"Court Backs Finance Limits; Campaign Spending Restrictions Upheld by Justices
in 5-4 vote; Soft Money Not Addressed; Opinion Could Boost Congressional Efforts
to Overhaul Laws." In Washington, the Supreme Court upheld a key provision
of campaign finance law, ruling that limits on the amount of money political
parties may spend in coordination with their candidates do not violate the First
Amendment. In a 5-4 decision, the court said that restrictions on the money
the parties spend in concert with candidates are necessary to enforce other
provisions of campaign finance law, specifically the limits on how much an individual
or group can contribute to a candidate. Prof. Briffault said the decision was
import for what it did not do. If the Justices struck down the limits on coordinated
spending, "it would have been difficult, if not impossible, to do anything
on soft money." The Baltimore Sun, June 26, 2001.
Prof. John C. Coffee was mentioned in an article entitled,
"Reining In The IPO." Securities and Exchange Commission investigators
have been probing several top banks over their IPO allocation practices. Congressional
hearing are scheduled to take place on IPO allocations as well as potential
conflicts of interest among investment banks research analysts. It will
take several months to sort out who has acted inappropriately, and if evidence
of wrong doing emerges, the SEC could push for new regulations. Prof Coffee
states, "The SEC does not spend that much time and limited resources without
wanted proof they have been successful." The Industry Standard,
June 25, 2001.
Prof. Eben Moglen was mentioned in an article entitled, "End
of an Affair?" On June 7th, four hackers released a software program that
threatens to do for TV shows what Napster did for music and DivX may do for
movies. The code, called ExtractStream, allows users of TiVo digital video recorders
to move compressed copies of television shows from their beloved boxes into
their computers. Prof. Moglen states that what ExtractStream is doing is probably
not illegal. "Theyre in the land of copyright infringement. And its
not Napster because they dont have control over how many people use the
software. Its in the domain with copy machines, technologies that can
be used to break the law but which are generally allowed." Salon.com,
June 20, 2001.
Prof. Samuel Gross was mentioned in an article entitled,
"Death Penalty Foes Fault Justice Study." Five days before the execution
of Oklahoma City bomber Timothy McVeigh took place, Attorney General John Ashcroft
unveiled a Justice Department study showing that, contrary to popular perception,
whites like McVeigh were actually more likely than minorities to face the death
penalty once they were charged. Death penalty opponents, and many criminal justice
experts, said that Ashcroft and the Bush administration are playing politics
with the death penalty by focusing on statistics that support their position
while ignoring those that undermine it. The Justice study, which covered 1995
to 2000, showed that once people were charged with a federal capital crime,
race seemed to have little effect on whether they faced the death penalty. Criminologists
said this study revealed little about why such a large proportion of inmates
who face federal prosecution are black or Hispanic. Prof. Gross states that
"nothing had changed." He comments, "Im not saying theres
proof of racial bias, but that theres no real information in this report
that matters at all." The Washington Post, June 19, 2001.
Visiting Prof. Samuel Gross was mentioned in an article entitled,
"Senate Panel Hears Testimony on Death Penalty Disparities." In Washington,
a week after Attorney General John Ashcroft declared that there is no evidence
of racial or ethic bias in the use of federal death penalty, his remarks continue
to provoke consternation on Capitol Hill. Prof Gross contends that further analysis
is required to explain the cause of persistent racial and geographical disparities.
Most graphically manifested composition of federal death row, where 17 of the
19 convicts are minorities, more than half of them dispatched there by just
two states; Texas and Virginia. The Senate Democrats and several witnesses at
a congressional hearing regarding recently executed Hispanic murder from Texas
concludes that it is far too early to make such a sweeping pronouncement. Prof.
Gross states that their conclusion is "premature and not based on fact."
The Dallas Morning News, June 14, 2001.
Prof. Katherine Franke was mentioned in an
article entitled, "Making a Case For the Right To Be Different."
The New York Times, June 16, 2001.
Prof. John C. Coffee was mentioned in two different
An article entitled, "As Bush replaces Prosecutors, a
Formidable One Stays On," takes a look at how President Bush, after
five months of being sworn into the White House, has begun to replace dozens
of top federal prosecutors, ousting Democratic appointees across the country
and installing Republican selections. Mary Jo White, the Unites States Attorney
for the Southern District of New York, has been kept on, largely to complete
two politically charged investigations that have already provoked precisely
the cries of partisanship Ms. White has so successfully avoided after the
last eight years. Prof. Coffee comments on the capability of Ms. Whites
investigations, "She was the one person who could credible look at
the Rich pardon without it appearing to be political witch hunt. Thats
one reason I think the Republicans kept her on. They could have someone
look at this who they knew were tough, hard and incensed."
The New York Times, June 18, 2001.
An article entitled, "Pair to Plead Guilty in $16-Million
Stock Scam; Crime: They admit roles in issuing phony shares in MindArrow,
an Aliso Viejo start-up," takes a look at how a professional gambler
and convicted scam artist agreed to plead guilty to issuing nearly $16 million
worth of counterfeit stock in an Orange County Internet start-up. As some
professionals and professors speculate and draw conclusions regarding the
case of mail fraud and money laundering, Prof. Coffee "wouldnt
draw such broad conclusions because transfer-agent fraud is rare and regulations
can close loopholes." The Los Angeles Times, June 15, 2001.
Prof. James Liebman has been mentioned in a number of articles
relating to the recent execution of convicted Terrorist, Timothy McVeigh, and
the highly debated issue of the death penalty. Prof. Liebmans study of
death penalty, shows that between 270 and 300 people are condemned to die in
state courts. From 1973 to 1995, almost 70% were overturned by appeals courts
due to serious flaws. The Sunday Oregonian, June 10, 2001. Milwaukee
Journal Sentinel, June 10, 2001. The Hartford Courant, June 10, 2001. Capital
Times, June 11, 2001. Institute for Public Affairs In These Times, June 25,
Prof. Eben Moglen was mentioned in an article entitled, "War
of Words Erupts Over the Free-Software Movement." The article talks about
the constant battle between Microsoft Corporation and the backers of open-source
and free software. Emblematic of the movement is GNU-Linux, the open-software
operating system that has emerged as a competitor to Microsofts Windows.
Prof. Moglen stated, "Microsoft, which used to say all the time that the
software business was ruthlessly competitive, is now matched against a competitor
whose model of production and distribution is so much better that Microsoft
stands no chance of prevailing in the long run. Theyre simply trying to
scare people out of dealing with a competitor they cant but, cant
intimidate and cant stop." The International Herald Tribune,
June 5, 2001.
Prof. Richard Gardner bylined an article entitled, "Foreign
Policy on the Cheap: Cuts in the US Federal Budget for International Affairs
Put Americans and the World at Risk." The article takes a look at tax cuts
recently approved by the US Congress and how that will have a devastating effect
on American foreign policy, threatening the quality of life and future generations
both in the US and in the rest of the world. Financial Times, June 8,
Prof. George P. Fletcher was quoted in an article entitled
"Hofstra Death May Be Made Capital Case." Prosecutors in Nassau County
are considering upgrading the charges against Shaun T. Alexander, who is accused
of killing Max B. Kolb, his classmate at Hofstra University, from second-degree
to first-degree murder. Prof. Fletcher states that "The possibility of
the death penalty is often important in pursuing a plea bargain, not necessarily
because a prosecutor actually plans to pursue it." The New York
Times, May 23, 2001.
Prof. James S. Liebman was mentioned in several articles,
along with visiting Columbia Law School Prof. Jeffrey Fagan. The articles focus
on the death penalty and the suspended death date of convicted terrorist, Timothy
McVeigh. McVeighs execution was delayed because the FBI failed to provide
more than 3,000 documents to his defense attorneys before trial began. The errors
found, raise doubts about other capital cases. Prof. Liebman, along with the
aide of Prof. Fagan conducted a death penalty study, showing that between 270
and 300 people are condemned to die in state courts. From 1973 to 1995, almost
70% were overturned by appeals courts due to serious flaws. The Washington
Times, May 15, 2001. USA Today, May 16, 2001. Wisconsin State Journal, May 16,
2001. The Courier-Journal, May 17, 2001.
Visiting Columbia Law School Prof. Jeffrey Fagan wrote
an editorial to the New York Times published on May 18, 2001.
Professor and Vice Dean Michael Dorf was quoted
in an article entitled, "Gun Law in Focus as NRA Gathers." As the
National Rifle Association kicked off its annual convention in Kansas City,
new battle lines formed. Debate on the Second Amendment - The Right to Bear
Arms, is being looked at more closely, and whether the original intentional
definition of the Right to Bear Arms was collective or individual. At least
two U.S. Supreme Court justices, Clarence Thomas and Antonin Scalia, already
hinted at the readiness to expand the definition of the Second Amendment. Prof.
Dorf stated, "The evidence of the framers original intent is mixed.
But courts very rarely base their decisions solely on what the framers meant
to say in 1791." The Kansas City Star, May 18, 2001.
Prof. Harvey Goldschmid was mentioned in several
articles regarding the naming of Harvey Pitt, a prominent securities lawyer,
on becoming the next chairman of the Securities and Exchange Commission. President
Bush is set to name Pitt as chairman, and if confirmed, will replace the position
once held by Arthur Levitt, Jr.,a democrat, who recently stepped down from the
position of chairman in February after serving for nearly eight years. Prof.
Goldschmid states that Pitt has the credentials to be acting chairman, but following
in Levitts steps in a difficult task to do. "Arthur had a wonderful
passion for the individual investor and for investor protection. I dont
think Harvey will bring that instinct to the same degree. I dont know
anyone who would." However, "he (Pitt) has great talent and experience,
you couldnt find better. The only issue is whether he can make the transition
from being an enormously effective advocate of clients to being a public official.
Weve got to wait and see." The New York Times, May 8, 2001.
The Los Angeles Times, May 9, 2001. Investors Business Daily, May 10,
2001. USA Today, May 11, 2001.
Prof. James S. Liebman was mentioned in two articles
regarding his death penalty study. Nearly twenty-five years since the U.S. Supreme
Court reinstated the death penalty, capital punishment remains an integral part
of the administration of justice in America. "Thirty-eight states have
laws allowing the death penalty, and 712 convicted murderers have been put to
death since 1976." Now, "six days before Timothy McVeigh is scheduled
to be executed for the Oklahoma City bombing, the Justice Department yesterday
gave his attorneys thousands of pages of FBI documents that officials said were
mistakenly withheld before McVeighs 1997 trial." The development
is the first potential obstacle in Wednesdays execution, and some are
arguing the execution should be delayed while these documents are further examined.
"In his study, published last year, Prof. Liebman reviewed the appeals
of 5,760 inmates sentenced to death by state courts between 1973 and 1995, and
found that two-thirds of the appeals resulted in new trials. In a significant
percentage of overturned convictions, Liebman said, the main problem was the
failure of law enforcement authorities to turn over important documents to defense
lawyers before trial." Even though Prof Liebman thinks that McVeighs
situation is different, and that his case "would have to be up to the discretion
of the judge," he also feels that, "Theres a pretty dramatic
rethinking going on right now." The Washington Post, The Philadelphia
Inquirer, May 11, 2001.
Prof. John C. Coffee, Jr. was mentioned in an
article entitled, "The Lawyers Want a Piece Too." Just recently, a
flurry of lawsuits have sought compensation for initial public offerings (IPO)
that allegedly benefitted favored clients and the bankers at the expense of
less influential investors. Prof. Coffee states, "The IPO market is basically
manipulated by a bunch of factors causing supply to be so constrained. Anyone
who gets an IPO allocation is essentially receiving free money." The
Industry Standard, May 21, 2001.
Prof. H. Richard Uviller was mentioned in an
article entitled, "In Wendys Massacre, Suspect is Charged in the
Death of Only Woman Killed." Nearly a year after the killing of five workers
at a Wendys in Flushing, Queens, a grand jury recently charged a man,
already accused in the slaying, with shooting the only woman among the dead.
The man accused, John, B. Taylor, states that he was not the one who killed
Ms. Anita C. Smith, 22. Prof. Uviller said Mr. Taylor may be genuinely uncertain
about what happened that day at Wendys. "It was in the basement and
you can imagine how loud the shots were and how disorientating the whole scene
must have been."
Prof. Edward Lloyd was mentioned in an article
entitled, "Hitting the Ground Limping; For Whitman, Chaos in Her Wake and
Sharp Elbows in Her Future." When New Jersey governor, Christie Whitman
recently came to Washington, D.C. to run the Environmental Protection Agency,
her authority was undercut by President Bush, who was in fact, the one who originally
lured her there. Mrs. Whitman, weeks earlier, had declared that President Bush
intended to fulfill a campaign pledge to lower carbon dioxide emissions from
power plants, only to find that the president had decided against that policy
without telling his chief environmental overseer. The White House also recently
contradicted a claim she made on National television that the administration
might back away from its plans to open up the Arctic National Wildlife Refuge
to oil drilling. Prof. Lloyd, in regard to Mrs. Whitmans new job, "She
is certainly good in open space. That is what she is best known for in the environmental
area. On the regulatory side, there is a very different story to tell."
The New York Times, May 6, 2001.
Columbia University President, George Rupp, announced
he will be stepping down following the 2001-2002 academic year. The
University Wire, May 2, 2001.