The talk focused on the impact a visual image has on a patient when the ultrasound becomes more than a diagnostic tool. Professor Carol Sanger said she is not against ultrasounds used in that way. "But there's a huge difference in requiring a woman to face the screen, in giving the doctor a script to read along with it, in defining the pregnancy as a whole unique human being," she said.
"There's a requirement that money given for campaign purposes be used for campaign purposes," Dr. Richard Briffault said. "And reporting that is one way of knowing that that is happening ... In some sense the reporting requirement is just a way of assuring compliance with basic rules that, for example, campaign money is being spent for….”
John Coffee, a Columbia University law professor who served on an advisory committee to the New York Stock Exchange, said that investment banks have wide latitude to manage their assets, and so the legality of Goldman's maneuvers depends on what its executives knew at the time. "It would look much more damaging," Coffee said, "if it appeared that the firm was dumping these investments because it saw them as toxic waste and virtually worthless."
"We trust Genachowski," said Tim Wu, a law professor at Columbia University and chairman of public interest group Free Press . Wu co-wrote the letter. "But this is a historic rule and this letter was in the spirit of looking at other FCCs and creating a stronger rule that sets a policy that lasts longer as opposed to something that is highly dependent on the whims of a commission in power."
Jeffrey Fagan: On its face, [Florida Attorney General Bill] McCollum's claim suggests that youth crime in Florida declined more slowly than it did elsewhere. This is an odd endorsement for the state's tough juvenile sentencing laws. The next thing that is remarkable about the state's position is that it presents no evidence that sentencing policies produced fewer crimes in the Sunshine State or anywhere else.
Eben Moglen: So now, shorn of all the technicalities, the Supreme Court gets a chance to say whether it means what it's always said, or whether it wants to endorse the fast and flashy round-heeled patent system we were running during the boom times. Of course, it can always do nothing at all, or make a new alternative that wasn't there before; that's what being the Supreme Court means, as any Legal Realist will tell you.
Five law professors sent the FCC a letter on Monday stating that those ambiguities "appear likely to provide particularly generous opportunities to try to work around the Commission's efforts." The letter was signed by Yale's Jack Balkin, South Texas College's John Blevins, University of Louisville's Jim Chen, Harvard's Larry Lessig, Stanford's Barbara van Schewick and Columbia's Tim Wu.
Michael Heller of Columbia Law School and author of The Gridlock Economytalks to EconTalk host Russ Roberts about the book and the idea that fragmented ownership is a barrier to innovation. Heller makes an analogy between the tragedy of the commons and what he calls the tragedy of the anti-commons--the problem of bundling together numerous individual claims to a resource.
If a law passed by Maine's Legislature is upheld by voters -- the general population -- then the legislative process reflected a reality in Maine, said Katherine Franke, professor of law at Columbia Law School in New York and director of the school's Center for Gender and Sexuality Law. "The activists, the legislators, others have done their work to educate their population that this is not going to be the end of civilization, that this is a fundamental civil right whose time has come," Franke said.
“The idea is that a maximally useful public information network aspires to treat all content, sites, and platforms equally,” said Columbia Law professor Tim Wu at www.timwu.org. “This allows the network to carry every form of information and support every kind of application.”
But the case could hinge on whether what Cuomo calls bribes were really bribes, or loyalty discounts. And whether those loyalty discounts amounted to contracts that excluded computer makers from using others’ products, or whether they amounted to predatory pricing, said Columbia Law School Associate Professor C. Scott Hemphill.
"Often states and the FTC act together, so this could be a harbinger," said Scott Hemphill, professor of antitrust law at Columbia Law School. It's not clear that the facts have changed in the past year."
"Over the last four years, many people looking to succeed him were looking to have a good relationship with him," said Richard Briffault, a Columbia Law School professor. "And now they're going to be less interested in that."
Suzanne Goldberg, a professor specializing in sexuality and gender law at Columbia Law School in New York, didn’t see the results as all gloom and doom for the gay rights movement. The relatively close vote shows that support is growing for same-sex marriage, said Goldberg, who has written extensively on legal arguments for marriage equality.
Nathaniel Persily, who moderated the discussion, noted that as the nation's population ages, the staunchest opponents of same-sex marriage -- older people -- will be replaced by a younger generation of voters, who do support same-sex couples.
Maine voters headed to the polls and reversed the state legislature's decision to permit gay marriage. Maine is the third state in the country where voters repealed a legislature-granted law allowing same-sex marriage, and the 31st state to ban gay marriage outright. We ask Columbia University law professor Suzanne Goldberg, director of the Gender and Sexuality Law Program, if this repeal is part of a larger national trend.
“Good work,” said Columbia University Law Professor John Coffee. “This is probably the most far-reaching insider trading case since the Drexel and Boesky days and people have suspected this for a long time.”
Columbia Law Professor John C. Coffee kicked things off with his annual review of developments in federal class action law. His review covered trends and key decisions over the past five years. He identified several key areas that he believes are likely to be addressed in the federal courts in the near future.
Matthew Waxman appears on this program to discuss are drones good or bad? Drones have killed 20 al Qaeda leaders and up to 600 militants since 2006. They have also killed up to 300 plus innocent civilians.
Among those on the team: HARVEY GOLDSCHMID - Mr. Goldschmid is the Dwight Professor of Law at Columbia University School of Law, specializing in Anti-trust Regulation and Corporate Litigation. Professor Goldschmid, a national leader on government transparency and corporate governance issues, served as a Commissioner of the United States Securities and Exchange Commission (SEC) from 2002-2005. He was also General Counsel to the SEC during SEC Chairman Arthur Levitt’s tenure.
An international human rights law expert in the US says Attorney-General Amos Wako has no chance in successfully suing the country for defamation. "There is no realistic basis for litigation. But I do hope Mr. Wako pursues it. It will further publicize the matter," Prof. Peter Rosenblum said in an email interview with Sunday Nation.
Richard Briffault, a professor at Columbia University Law School who specializes in election law as well as statutes concerning state and local government, said in an e-mail that the Supreme Court has held that disclosure laws -- like campaign finance laws and lobbying disclosure laws -- are OK when they promote "important public goals like prevention of corruption, preventing the appearance of corruption, and informing the public but do not chill political activity by raising the prospect of harassment or reprisal for the disclosed act."
“Kelly’s clear competence and the complete support of a powerful mayor with a hands-off approach to policing matters have made for powerful days at the Police Department,” said Daniel C. Richman, a professor of law at Columbia University and a former federal prosecutor.
Law professors who specialize in juvenile justice, such as Columbia University's Elizabeth Scott, say that studies since that ruling have further documented the physical and psychological differences between adult and juvenile criminals. She says research on adolescent brain development reinforces arguments that minors are less responsible for their actions and that harsh sentences are unjustified.
Columbia University Law School Prof. Philip Hamburger gave a lecture yesterday in which he asserted that the way academic studies are monitored at universities is detrimental to First Amendment rights.
Jack Coffee, Law Professor, Columbia University: I'm afraid this was a complete rebuff to the prosecution. They didn't find the e-mail evidence sufficiently convincing. Normally a white collar jury is out six, seven, eight, nine days before they decide either way.
Simply being a monopoly isn't against the law; it's how a company behaves once it reaches that point that matters most in courts, say legal experts. "Under U.S. law, it's O.K. to be a monopoly—and even to charge monopoly prices," says Scott Hemphill, a law professor at Columbia University. "What's not O.K. is conduct that's aimed at unreasonably prolonging and maintaining that monopoly.”
Eben Moglen, director of the Software Freedom Law Centre is emphatic that business process patents should never have been allowed in the first place. Patent law, he says, cannot award ownership of facts of nature, or mere mental activities, or algorithms because the Supreme Court has been unambiguous on that point for more than 150 years.
Daniel Richman is a law professor at Columbia University and a former federal prosecutor in Manhattan. He says the government, in this case, did have a cooperator - someone saying this is how we planned to commit these crimes. Prosecutors relied more on circumstantial evidence. And Richman says that hurt them.
"If anything goes wrong," said Harvey Goldschmid in his thick New York accent, "it's going to be an awfully big mess." It was April 2004, and Goldschmid, a commissioner at the Securities and Exchange Commission, had a knot in his stomach.
Discrimination may be ever so slight, yet many of us have seen its effects. Two individuals of the same experience and capabilities but different backgrounds can be nudged along very different paths. Moreover, there are few legal remedies for victims of this kind of bias, Susan Sturm, a professor at Columbia Law School, pointed out.
The order created a separate track of justice for any foreign citizen picked up on a global battlefield with the Pentagon serving as jailer, prosecutor and judge. "It was a foundational building block of the war on terror's legal architecture," said Matthew Waxman, a professor at Columbia Law School who worked on detainee issues during the Bush administration.
Some law experts and others said the defendants might face obstacles to a fair trial, not least seating an impartial jury. "He certainly won't get the jury that people think of when they think about the average criminal jury," Colombia Law School professor Daniel Richman said of Mohammed.
Investigators may use the video of Osama bin Laden himself bragging about how those standing trial massacred Americans.” But Columbia Law School professor Matthew Waxman notes “there are pitfalls…meeting the requirements of our federal evidentiary rules in court, and problems of safeguarding critical intelligence information.”
Elizabeth Scott: The sentence of life in prison without parole is also different from even lengthy conventional sentences; it is a judgment that an offender will never be fit to rejoin civil society, however long he lives. This punishment may be suitable for adults who have committed terrible crimes, but it is never a fair sentence for a juvenile…
Theodore Shaw, a Columbia University law professor who until recently led the NAACP Legal Defense and Educational Fund Inc., said liberals feared that the White House was not taking advantage of its chance to fill vacancies while Democrats enjoy a razor-thin advantage in the Senate enabling them to cut off the threat of filibusters against nominees (Also mentioned in WSJ Law Blog).
Matthew Waxman: Part of what's at stake is a fundamental debate about whether the problem of terrorism is that of a crime that should be combated by the criminal justice system or is one of war that should be combated with the tools of warfare.
"There could be all kinds of problems with the evidence. Some of it might be linked to waterboarding. Other evidence may have come from intelligence-gathering overseas," said Matthew Waxman, a Columbia University law professor who served as a top Pentagon lawyer in the Bush administration. "That said, the government would not be moving forward if they were not confident they can prove their case" with untainted evidence.”
"He flat out gives himself a leadership role and a level of intimate knowledge of the plot that is damning," said Daniel Richman, a Columbia University law professor and former federal prosecutor in New York. "There's a clarity and specificity of his statements here that makes for impressive evidence."
Holder said the task force would widen the "breadth of what we're going to be looking at. "It could benefit, for instance, by sharing information about schemes involving mortgages and investment banking, says John Coffee, a professor at Columbia University School of Law. "You might well find there was a fraudulent conversation between a mortgage loan originator who knew they were making toxic loans and people who were securitizing those loans," Coffee says.
It's very difficult to persuade third countries to accept the political or security risks involved, especially when the United States has been unwilling to accept that risk itself," said Matthew Waxman, a professor at Columbia Law School.
Proponents and opponents of new net neutrality legislation squared off in New York yesterday as part of an Oxford-style debate organized by Tech-Debate.com. The participants included Tim Wu from Colombia Law School, AT&T SVP Robert Quinn and Brad Burnham from Union Square Ventures.
"Dangerous stuff happens when people who move content control the news. That’s when all worst things happen," said Tim Wu, a professor at the Columbia University School of Law who is writing a book that chronicles the history of media consolidation and how major mergers and partnerships between content creators and distributors hurt the public.
"To defend against claims that habeas rights should also apply at Bagram, the administration needs to highlight the differences between the two sites, such as security issues, practical challenges of detention operations, the degree of U.S. control," [Matthew] Waxman said. "If the government starts simply swapping detainees among the facilities, it hurts its case that for all these reasons Bagram should be treated differently as a legal matter."
Attorney General Eric Holder faced energetic questioning from senators on the Senate Judiciary Committee yesterday; our own Todd Zwillich was there, and joins us, along with Matthew Waxman, associate professor of national security law at Columbia Law School.
According to Michael Heller, it is simply impossible to create a high-tech product these days without infringing on patents. A new drug or a new electronic device may use thousands of patents. It may not be practical even to discover all the possible patents involved, and it is certainly not possible to negotiate with thousands of patent holders individually.
John Coffee: The Supreme Court has granted certiorari in, and will soon resolve, three related cases, all involving the scope of "honest services" fraud under 18 U.S.C. §1346. By itself, this is unusual, because the Court usually takes only a single case and remands related cases for reconsideration in light of its decision.
A report of a study on contract secrecy released at the meeting, argues that, when contracts are publicly available, government officials have an incentive to stop negotiating bad deals with extractive industry companies. The result, the authors maintain, is better contracts, greater public trust, and more stable investment climate. The report was commissioned by Revenue Watch Institute and authored by Peter Rosenblum and Susan Maples of the Columbia Law School.
The cause of wireless underdevelopment according to Michael Heller, author of Gridlock Economy, is that there are too many owners invested in the resource of radio frequencies; there are many owners of small slivers of spectrum which leaves the entire resource “underused”. So, creating a new technology that would allow one to transmit across the country would require the utilization of all these small licensed slivers of spectrum which is simply too expensive for most companies to attempt.
On Dec. 7 the U.S. Supreme Court will hear oral arguments in the case, known as Free Enterprise Fund and Beckstead and Watts v. PCAOB and United States of America. A finding for Beckstead could reopen the entire Sarbanes-Oxley Act. "The implications are potentially far-reaching," says Gillian Metzger, a Columbia law professor who is supporting the PCAOB board in filings with the high court.
"I think the Obama administration is trying to straddle this debate between whether we should approach al-Qaida as a problem of massive-scale criminality or as a problem of war," said Matthew Waxman, a former Bush administration State Department and Pentagon official now at Columbia University law school.
“Unless the SEC deals meaningfully with the dangers of letting an investment adviser use an affiliated custodian, you are going to have repetitions of the Madoff experience,” said John Coffee, a professor at Columbia Law School.
In a telecom law conference last Thursday by the University of Nebraska-Lincoln law school, McLaughlin and Tim Wu, a law professor at Columbia University, talked about how an open Internet, or so-called net neutrality, underlies free speech on the Web. Without it, censorship can occur.
Richard Briffault, professor of legislation at Columbia Law School, said the governor's bill wouldn't necessarily be unconstitutional if the Legislature consented and so long as there are some standards included in the legislation that would limit his power.
David M. Schizer: This Article analyzes three reasons to subsidize charitable contributions, each responding to a different information or incentive problem that is inherent in the pursuit of public goals. First, the subsidy can counter free-riding by encouraging donors to be more generous. A second objective is to measure and respond to popular preferences about public goals.
Matthew Waxman, the first person to hold the detainee-affairs post in the Bush administration and now a law professor at Columbia University, said Mr. Carter brought several characteristics that could be difficult to replace: He is a lawyer, an Army veteran and a former Obama campaign operative.
Last week Obama’s Deputy Technology Officer Andrew McLaughlin and Tim Wu, a law professor at Columbia University, addressed during a conference last week “how an open Internet, or so-called net neutrality, underlies free speech on the Web” and how, “Without it, censorship can occur.”
Matthew Waxman: The Iraq war rekindled debate - a debate now further inflamed in discussions of Iran and North Korea - about the legal use of force to disarm an adversary state believed to pose a threat of catastrophic attack, including with weapons of mass destruction (WMD). Colliding with this debate is the stark fact that intelligence about hostile states’ WMD capabilities is and will remain limited and uncertain. This Article examines the following question: How should international legal rules on the use of force handle this intelligence gap?
Earlier this year, we had a discussion in studio about the strategies of Boycott, Divestment and Sanctions against Israel (BDS). But is it a productive strategy, or will it do more harm than good? Among those who took part in a recent debate on the matter was George Fletcher.
Patricia Williams: Former Alaska governor Sarah Palin's memoir needs recipes in the worst way. Admittedly, that's an absurd hook for a book that's supposedly about politics, but Going Rogue uses food, food and more food to create scenes of familial warmth and Mama Bear protectiveness of all those adorable Palin cubs.
As Columbia University law professor Tim Wu told Auletta, "If they had a copyright lawyer among their founders, they never would have started the company. The basic business of a search engine is to copy everything. . . . From day one, Google went out and copied the whole Internet."
[T]he term Net Neutrality, first used by Prof. Tim Wu in a 2003 law review article, is in widespread use today. It can fairly be considered to have entered the popular lexicon, and is regularly used in the mainstream media unaccompanied by an explanatory definition.
Approximately 100 attorney alumni, undergraduates, and friends attended a talk given by Ted Shaw, Wesleyan ’76, currently the Professor of Professional Practice at Columbia University Law School and of counsel at the international firm of Fulbright and Jaworski.
Tim Wu, a law professor at Columbia University and chairman of the public interest group Free Press, points to history as a guide for regulators. He urges the Federal Communications Commission and antitrust regulators at the Justice Department or Federal Trade Commission to block the merger.
A ruling against the board may require lawmakers to approve new legislation asserting the board’s existence. “I don’t have any doubt Congress will act if necessary,” said Harvey Goldschmid, a former SEC commissioner and now a law professor at Columbia University
“She is someone who has come up through the ranks and understands what happens to parents and children when they go through the system,” said Jane Spinak, a Columbia Law School professor who serves as co-chairman of the Family Law Task Force of the New York County Lawyers’ Association.
Still, law enforcement officials say paid informants are worth it. "There are few substitutes for a guy who fits in well with the other bad guys, who knows the players and can speak to them," said former federal prosecutor Daniel Richman.
Columbia University law professor Eben Moglen said that he has found errors in a document from EU regulators that outlines their concerns about clearing the deal. The assessment from Moglen, whose views on the software industry are often sought out by regulators, could bolster Oracle's efforts to persuade the EU to clear the acquisition after months of delay.
John Coffee, a professor at Columbia University Law School in New York who specializes in securities law, says that’s not always the case. “Information never gets to anyone at the same time, and the bigger customers usually get it first,” Coffee says.
He says it’s legal for a firm to divulge economic research selectively so long as the firm doesn’t trade on it before its clients see it. “It’s probably a bad practice, but it’s not insider trading,” he says.
I happened onto a recent EconTalk with Michael Heller, law professor at Columbia, discussing cases of excessive and ineffective use of private property in the U.S. His book, “The Gridlock Economy,” outlines, among other things, how the existing patent system fragments ownership of ideas and thus makes it overwhelmingly difficult to generate breakthrough innovations.
Karl Sauvant, executive director of Vale Columbia Center on Sustainable International Investment, a joint center of the Columbia Law School and the Columbia University Earth Institute, as well as several other experts in the field are trying to advise Chinese firms how to cut down on tuition fees in their expansion into the US.