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November 2012

NOVEMBER 1 - NOVEMBER 16

The John Batchelor Show – November 1
Guests: Spies Against Armageddon by Dan Raviv and Yossi Melman, Matthew Waxman, Hoover, Ken Croswell, Science
 
The Moral Liberal – November 2
“If instant world government, Charter review, and a greatly strengthened International Court do not provide the answers, what hope for progress is there?”
-Richard N. Gardner, Professor of Law Columbia University
 
Altoona Herald – November 3
The differences between Obama’s and Romney’s fundraising approaches reflect core differences in the campaigns themselves, said Richard Briffault, a law professor and campaign finance expert at Columbia University.
 
Pittsburgh Post Gazette – November 4
"What to do with an attractive monopolist, like Google, is a really challenging issue for antitrust," says Tim Wu, a professor at Columbia Law School and a former senior adviser to the F.T.C. "The goal is to encourage them to stay in power by continuing to innovate instead of excluding competitors."
 
Similar articles appeared in other publications.
 
The Wall Street Journal – November 4
But Congress appears likely to extend it beyond this year. Although many estate-tax issues are highly controversial, this one enjoys bipartisan support. "I do expect portability to survive," says Michael Graetz, a professor at Columbia Law School in New York.
 
Rianovosti – November 5
But the basic architecture for resolving a disputed presidential election has essentially remained the same since 2000, said Nathaniel Persily, an election law expert at Columbia Law School.
“We still entrust most of the enforcement to partisan officials at the state level, and we have a high degree of decentralization that allows for lots of discretion and a high probability of error at the county level,” Persily said.
 
FuelFix – November 5
One of the scholars, Columbia law school professor John C. Coffee Jr., said in court papers on behalf of BP that differences among claims don’t imply conflict, and he asserted that such class settlements can still stand if the claims “arise from a single course of conduct” by the defendant.
 
Metro – November 5
Before that happened, a tie would likely cause a protracted legal battle over close states, with both sides amassing huge legal teams. “Half of Democrats believe Republicans are suppressing votes and half of Republicans believe Democrats are committing fraud," Professor Nate Persily, a constitutional law professor at Columbia Law School, told Metro. “We could see the Supreme Court intervene again (after 2000)”.
 
Alberni Valley Times – November 5
On Tuesday night, former Beaver Creek resident Trevor Morrison will spend his time cheering for his former boss: U.S. President Barack Obama. Morrison worked as the White House associate counsel for one year in 2009. His work as a constitutional law professor at Columbia University Law School and his experience as a Bristow Fellow and as an attorney-advisor in the U.S. Justice Department during the latter years of the Clinton administration attracted the attention of then-White House Counsel Greg Craig, who hired him. Moreover, Morrison had also worked with the transition team that brought Obama in.
 
Tampa Bay Times – November 5
"Absentee ballots are the next ticking time bomb," said Nate Persily, a political science professor at Columbia University. "It's unreliable because it has more opportunities for error. A ballot has to be requested, received, filled out properly, mailed back in time, then it must be counted in time. At each stage, there's the potential for something to go wrong."

Bradenton Herald – November 5
"The 2000 election scared the hell out of people," said Nate Persily, a political science professor at Columbia University who has studied election law. "Campaigns are now armed to the hilt with lawyers beforehand so they aren't caught off guard."
 
The Hill- November 6
Richard Briffault, a Columbia Law School professor who is an expert on campaign finance, noted that, when it comes to super-PACs this cycle, “you could see a bigger effect in the [Republican] primary” than in the general election. 
 
Courthouse News Services – November 6
Neither presidential candidate mentioned climate change in three rounds of debates.
But Michael Gerard, director of Columbia's Center for Climate Change Law, said Monday that the immediate future of carbon emission regulation could hinge on the results of today's vote.
 
The Columbia Science and Technology Law Review – November 6
Ronald Mann, Columbia Law professor and contributor to SCOTUSBlog, recently addressed the rising proportion of intellectual property cases on the Supreme Court’s docket. After evaluating the statistics, Mann proposes two possibilities for the long-term trend he identifies toward a more central role for intellectual property disputes on the Court’s docket.
 
Bloomberg TV – November 6
John Coffee, a securities law professor at Columbia University, talks about billionaire investor Carl Ichan’s stake in Netflix Inc. and the outlook for the company. Coffee speaks with Deirdre Bolton on Bloomberg Television's "Money Moves."
 
Bangor Daily News– November 7
By Nathaniel Frank
Four years ago, LGBT advocates were devastated by the voter approval of Proposition 8 in California, which reversed a state court ruling allowing same-sex marriage. In that fight, the political consultant Frank Schubert, who led the anti-gay forces there and in the four states that voted on marriage this week, created a deadly ad campaign that played on lingering fears that gay equality threatens kids.
 
The Nation – November 7
By Patricia J. Williams
The moment of the Republican National Convention that stands out for me was not Clint Eastwood’s conversation with a chair full of air. Rather, it was when Mitt Romney proudly purported to distinguish his agenda from that of President Obama. Vowing to take “full advantage of our oil and coal and gas,” he went on to make a remarkable contrast.
 
Similar articles appeared in other publications.
 
The New York Times, Letter to the Editor – November 7
By Suzanne B. Goldberg
I write this letter with icy cold hands after spending more than an hour on line outside my polling place. How can our nation invest so much time and money on federal elections, only to have the voting process be managed so ineptly?

CFO Journal – November 8
But the professors who submitted the petition, including Harvard Law School’s Lucian Bebchuk and Columbia Law School’s John Coffee, said that  political spending disclosures should be required. Investor interest in corporate political activity has increased and is part of the information required by investors to hold corporations accountable, they said in their petition.
 
The Legal Examiner – November 8
Professor John Coffee of Columbia University filed papers with the court stating "this settlement represents the exact kind of outcome our laws are designed to effectuate and it stands apart from the vast majority of other class action settlements. In fact, this class action settlement is superior, and if it were not certified by the court, it would be a social tragedy."
 
Bloomberg BNA – November 8
“The biggest terror facing coal today is not regulations,” Michael Gerrard, director of the Center for Climate Change Law at Columbia Law School, said. “It's cheap [natural] gas,” which has led to fuel-switching for electricity generators.
 
ARTINFO – November 8
The art world, in particular, would not be untouched by this radical change in behavior. “If someone in the U.S. owned a painting that they had purchased from someone who made it overseas, and you purchase the painting here,” Columbia law professor Ronald Mann told ARTINFO, “the copyright would prevent you from reselling the painting without their permission.”
 
The Wall Street Journal, Market Watch – November 8
Columbia Law School Professor John Coffee said that greater transparency is generally in the public interest…“The fear from the IPO company perspective is that deep down that disclosure might reveal where there were several close questions that the SEC was talked out of having to be disclosed,” he said. “If you see that the SEC got less than everything they were looking for that could be embarrassing for the agency.”
 
Chicago Tribune – November 8
The test for whether the court applies extra careful review does not hinge on whether a few ballot measures pass in favor of gay people's equality," said Suzanne Goldberg, a professor at Columbia Law School. Rather, it's a much more far-reaching inquiry into systemic discrimination and underrepresentation, she said.
 
Slate – November 9
As Columbia law professor Nathaniel Persily pointed out when I called him, ever since that 1986 decision “claims of partisan gerrymandering have always been brought up but they never win.” Not in federal elections, anyway.
 
The Take Away – November 9
Nate Persily, a professor of law and political science at Columbia University who works closely on redistricting issues, explains how redistricting impacted the 2012 election.
 
FoxNews – November 9
David Pozen, an associate professor of law at Columbia University, told FoxNews.com the program seems like “valuable experimentation” for returning veterans. He said he found no constitutional concerns with a program that gives special benefits to veterans.
 
Marketplace – November 9
"The economists can debate and wring their hands," says James Tierney, former attorney general of Maine and a law professor at Columbia University. "But if you're an attorney general and you see price gouging going on, you're going to do something about it.”
 
Kansas City Star – November 11
Even so, "it it will be easier to achieve" under Obama than it would have been under Mitt Romney, said Michael Gerrard, who directs Columbia Law School's Center for Climate Change Law.
 
Similar articles appeared in other publications.
 
Lawfare – November 11
By Trevor Morrison
I appreciate Jack’s follow-up post on the larger picture of the Obama administration’s counterterrorism policies and their points of continuity with the Bush administration (though only the late Bush, as he properly underscores).  Jack and I agree on much more than we disagree on, including that evaluations of the Obama policies in this area depend in large part on people’s baseline expectations.
 
Lawfare – November 11
By Trevor Morrison
I agree with much of what Jack says in his recent post about the counterterrorism issues likely to face President Obama in his second term.  But there’s one aspect of how Jack frames the discussion that I disagree with somewhat.  Because a number of other commentators seem to use the same basic framing, I thought I’d register a different view.
 
The Washington Post – November 11
Michael Graetz at Columbia Law School has one interesting idea, which is you add a VAT, but you increase substantially the exemption level of the income tax, so it takes low-income people off the income tax rolls, which helps with simplicity. You could also have some increased refundable credits at the low-income range.
 
Similar articles appeared in other publications.
 
CNN – November 11
By Nathaniel Persily
The election is over, and it has already become easy to forget the election administration lunacy that plagued many communities this year: long waits for voting, changing legal rules even while the election was under way, misprinted ballots, incorrect instructions given to voters, and various machine breakdowns.
 
The Columbia Spectator – November 12
The sometimes irreverent panel featured Darlene Nipper of the National Gay and Lesbian Task Force, author and activist Rebecca Traister,
and Columbia Law professor Patricia J. Williams. Women’s studies professor Alondra Nelson moderated the discussion….Williams called some of the cycle’s most memorable moments a “froth of ridiculousness.”
“It was so much more fun when you had binders full of women and Todd Akin,” she said, adding that Akin and other Republicans “put their foot in their mouths.”
 
FierceGovernment – November 12
As part of a Nov. 9 symposium on privacy and technology held by the Harvard Law Review, panelists assembled for three discussions on the topic. Tim Wu, a Law Professor at Columbia University spoke in the panel titled What Privacy is For.
 
ABC – November 12
"What to do with an attractive monopolist, like Google, is a really challenging issue for antitrust," says Tim Wu, a professor at Columbia Law School and a former senior adviser to the FTC. "The goal is to encourage them to stay in power by continuing to innovate instead of excluding competitors."
 
Similar articles appeared in other publications.
 
Mondoweiss – November 12
By Katharine Franke
As many now know, CIA Director and retired four-star Army General David Petraeus has resigned his post at the CIA on account of newly emerging information that he had what the media calls an “extra-marital” affair with Paula Broadwell, who is also married.  Broadwell is the author of the flattering Petraeus biography All In: The Education of General David Petraeus.
 
Similar articles appeared in other publications.
 
NPR On Point – November 12
Guest: Nathaniel Persily, professor of Law and Political Science and the Director of the Center for Law and Politics at Columbia Law School
America’s voting problem.  Long lines.  Tangled ballot counts.  Overall low turnout.  How do we fix it?
 
Nature – November 13
But even without Chu or Jackson, the administration’s approach to renewable energy and global warming would change very little, says Michael Gerrard, director of the Center for Climate Change Law at Columbia University in New York. “I suspect we would have continuity in the broad policy approaches.”
 
FierceGovernment – November 13
Tim Wu, a Columbia law professor, argued during the symposium that the impetus behind a strong 19th century philosophical emphasis on freedom of expression would in the 21st century lead to a greater emphasis on privacy.
In the 19th century, people lived in a "speech poor, speech restricted environment and a privacy rich environment," Wu said.
 
NDTVProfit – November 14
Global credit rating agencies act like restaurant critics commenting on the food quality without any liability, said internationally acclaimed economist Jagdish Bhagwati…."I know they (rating agencies) think like restaurant critics saying the food is good or bad and they are not liable for anything", Bhagwati said observing the rating actions often have far reaching implications for the countries.
 
The New York Times – November 14
By Nathaniel Persily
Does the re-election of the first black president mean the Voting Rights Act of 1965 is unnecessary and perhaps unconstitutional? The Supreme Court’s decision last week to consider a constitutional challenge to a key section of the act suggests that a perverse outcome of the 2012 campaign may be that President Obama’s victory spells doom for the civil rights law most responsible for African-American enfranchisement.
 
Similar articles appeared in other publications.
 
The Atlantic – November 14
Naureen Shah of Columbia Law School, a guest on the show, had raised the possibility that America is setting a dangerous precedent with drone strikes. If other people start doing what America does--fire drones into nations that house somebody they want dead--couldn't this come back to haunt us?
 
The New York Law Journal – November 15
By John C. Coffee Jr.
In his Corporate Securities column, John C. Coffee Jr., the Adolf A. Berle Professor of Law at Columbia University Law School, writes: Something new and significant is taking shape. For a variety of reasons - the impact of the JOBS Act, the growing popularity of equity private placements, the appearance of new trading markets for venture capital and other non-reporting companies - a new tier of companies is growing rapidly that is composed of issuers that are not "reporting" companies, but that do have a significant number of shareholders.
 
The Economic Times – November 15
Renowned economist and globalisation buff Jagdish N Bhagwati says Prime Minister Manmohan Singh's hands are tied because India's political system is similar to that of the former Soviet Union, where the party was supreme and the chief of government just a figurehead.
"My wife (Padma Desai), who is a Russian expert, gives me good insights. In Russia (in the time of communist party rule), the party was all-important. The president was a figurehead. We have never had that (in India). Now thanks to (Congress president) Sonia Gandhi, the party is entirely important and the prime minister is at the receiving end," says the Mumbai-born Indian-American economist.
 
SCOTUSblog – November 15
By Ronald Mann
When I wrote about the argument in United States v. Bormes, I suggested it portended a “tough day” for the plain-language hawks.  That message came through loud and clear in Justice Scalia’s succinct and unanimous decision on Tuesday, the first of the Term – the second year in a row Justice Scalia managed to get the first opinion of the Term.
 
Huffington Post – November 15
Guest Naureen Shah (New York, NY) Director of the Counterterrorism and Human Rights Project at the Human Rights Institute of Columbia Law School
In attack after attack, the U.S. asks "Why didn't we see this coming?" Some analysts say our focus on terrorists has produced a dangerous form of tunnel vision.
 
New York Law Journal – November 15
The Challenge of the Semi-Public Company
In his Corporate Securities column, John C. Coffee Jr., the Adolf A. Berle Professor of Law at Columbia University Law School, writes: Something new and significant is taking shape. For a variety of reasons - the impact of the JOBS Act, the growing popularity of equity private placements, the appearance of new trading markets for venture capital and other non-reporting companies - a new tier of companies is growing rapidly that is composed of issuers that are not "reporting" companies, but that do have a significant number of shareholders.
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NOVEMBER 16 - NOVEMBER 30

GOVERNING – November 16
Nate Persily, a redistricting expert and political science professor at Columbia Law School, offered a similar assessment: “In general, Republicans shored up their incumbents instead of being too greedy, and that’s all they needed to do,” he said in an interview.

Reuters – November 16
Calpers, others sue Pfizer as "opt outs" to class action
"Opt-outs are a major trend, probably reflecting the increased competition within the plaintiff's bar," said John Coffee, a law professor and securities law expert at Columbia University Law School. He said large institutional investors "can settle for more in cases in which they are not submerged in a huge class with smaller investors."
 
The Morning Call – November 16
Free speech rally to protest Sands casino
Mark Barenberg, a Columbia University law professor, told a crowd at Lehigh University on Oct. 11 that their free speech rights were being violated. He said the Sands Casino Resort Bethlehem and the Bethlehem Redevelopment Authority violated the First Amendment when they signed a deed in June 2011 banning free speech and labor organizing at Bethlehem's SteelStacks campus.
 
Similar articles appeared in other publications.
 
Broadcasting & Cable – November 16
It's Open Season on Verizon Open Internet Arguments
In another amicus brief filed in defense of the FCC, Columbia University law professor and author Tim Wu was also concerned about the First Amendment argument. He said the court should reject that essentially for the same reason that Markey and company were concerned: the potential impact on communications legislation and regulation.
 
Similar articles appeared in other publications.
 
Sunlight Foundation – November 16
Election lawyers say super PACs should shift strategy
Nathaniel Persily, a professor at Columbia Law School, seemed to agree, saying that coordination is needed to build a successful ground campaign, and super PACs are barred from coordinating political expenditures with the candidates they are helping. For all the skepticism about the effectiveness of the rules barring outside groups from coordinating with the candidates they are trying to help, Persily said, “the coordination rules do have bite.”
 
Ideastream – November 16
Law Experts Say Low Regulation Helps Fracking Technology Flourish
Tom Merrill, a law professor at Columbia University, says the lack of cohesive, centralized federal rules for drilling has given oil and gas companies more freedom to experiment with new ways of extracting the resources.
 
The New York Times – November 16
Another Fumble by the S.E.C. on Fraud
 “It’s very unusual and unusually embarrassing for the S.E.C.,” said John C. Coffee Jr., a professor at Columbia Law School and an expert in securities law … Professor Coffee pointed out: “Very few high-ranking individuals at any institution have been charged. Take the Goldman Sachs case. It was strong. But the highest-ranking individual charged was the Fabulous Fab, and he was the equivalent of a trainee sergeant. This is part of a pattern.”
 
ThinkProgress – November 17
VIDEO: Law Professor Explains Why Conservative Argument About Affirmative Action Is Wrong In 120 Seconds
Ted Shaw, a professor at Columbia Law School and former president of the NAACP Legal Defense Fund, drew an eloquent parallel during a Federalist Society convention panel to explain why that notion is problematic.
 
The Economist – November 17
An end to the carry on. Buy-out firms face the prospect of a bigger tax bill
“If you put in capital, you get capital gains. If you put in labour, you pay income taxes,” says Michael Graetz, a professor of tax law at Columbia University.
 
The Economist – November 17
The 51st state?: America may not want what its Caribbean outpost now does
Unfortunately, this proposal is legally flawed. According to Christina Duffy Ponsa of Columbia Law School the only permanent way of belonging to the United States is through statehood. Any other status approved by one Congress could be revoked later.
 
Equities – November 19
Shell celebrates 40 years of Scenarios; Scenario planning helps Shell make critical business decisions
Philip Bobbitt, Herbert Wechsler Professor of Jurisprudence at Columbia University and Director of Columbia Law School's Center on National Security, said: "One thing that's always impressed me about the Shell people was that they did a whole new set of scenarios every five years, sometimes even less. Yet if you look at all their old scenarios, they are almost uncanny in showing how the world would change. Scenario planning is perhaps the most important analytical tool we have and Shell has been the most important innovator in that process."
 
The Huffington Post – November 19
Not Everyone Who Makes $250,000 a Year Is Rich: Why the Cost of Living Matters
By Menachem Rosensaft
The inherent problem with allowing the Bush-era tax cuts to expire for Americans earning more than $250,000 a year—let's call them $250k+ Americans—is that not all $250k+ Americans are created equal.
 
The Huffington Post – November 19
Sustainability by the Numbers: The Growing Reality of the Green Economy
By Steven Cohen
One of the more persistent myths in our political dialogue is that we must tradeoff environmental sustainability and economic growth. This is probably reinforced by a fact, pointed out to me recently by my Columbia faculty colleague, Michael Gerrard. Professor Gerrard noted that we have not had a major new piece of federal environmental legislation enacted in over two decades.
 
Firstpost – November 20
India can revert to 8-9% growth in 2-3 years, says Jagdish Bhagwati
“I would say if they stick with the measures they have undertaken and intensify them further…then we could get back to 8-9 percent GDP growth in 2-3 years,” Bhagwati, who is a professor of economics and law at Columbia University, told PTI.
 
The Conversation – November 20
The not so friendly skies: the EU, aviation and climate change
In terms of aviation, the Deputy Director of the Center for Climate Change Law at Columbia University said this: “countries are retrenching to protectionism when faced with the EU’s attempt to seriously address one major emitting source in an equitable manner, [which] suggests little hope that these same countries might soon take bold stances in committing to the long-term, deep emissions reductions necessary to avoid the worst effects of climate change.”
 
The Economic Times – November 21
India needs to lobby better on outsourcing: Jagdish Bhagwati
Noted economist Jagdish Bhagwati today said the country should take the anti-offshoring bogey in the US seriously and lobby hard to counter its effects.
"We would be foolish to continue pretending that `this (anti-outsourcing tirade) does not matter', and it is simply a 'political patter'. With jobs a continuing issue, any time politicians in the US condemn outsourcing, we lose brownie points," he said.
 
Similar articles appeared in other publications.
 
Windy City Media Group – November 21
Petraeus scandal conjures recent LGBT legal skirmishes
Columbia Law School Professor Katherine Franke, writing in the school's Gender & Sexuality Law Blog Nov. 10, saw right away the parallel between Petraeus' resignation and the experience of many gay and lesbian civil servants in the past.
"Gay men and lesbians were vulnerable to this kind of take down from public service until recently on the theory that illegal and shameful behavior such as being gay or having an extra marital affair could render you susceptible to blackmail, thus jeopardizing national security," wrote Franke.
 
The Telegraph – November 21
Mike Lynch defends Autonomy accounting methods
Meanwhile, legal experts warned that HP should brace itself for a slew of lawsuits from angry investors burned in the deal. “The board itself may get sued in derivatives suits by investors saying they missed red flags,” said John Coffee, a professor of securities law at Columbia University in New York.
 
Thomson Reuters – November 21
Analysis: FINRA reignites efforts to oversee investment advisers
The debate is likely to continue in the coming months, but it may amount to nothing more than talk, said John Coffee, a professor at Columbia Law School and authority on securities regulation. "The House and Senate don't agree that much, so the prospect of legislation rushing through Congress strikes me as modest," he said.
 
InsideCounsel – November 21
Regulatory: Numerous EPA regulations coming after election
By Michael Gerrard
The Environmental Protection Agency (EPA) did not issue many major new regulations during the year prior to the November 2012, perhaps out of concern that this would give campaign fodder to Republican opponents of stronger environmental regulations. Now that the election is over and President Obama has another four years in office, the EPA is on the verge of issuing or proposing a long list of new regulations.
 
Business Standard – November 21
RBI overplaying inflation, says Jagdish Bhagwati
Noted economist Jagdish Bhagwati today called for a realignment in the monetary policy stance adopted by the Reserve Bank and stressed on the need to shift focus on growth from the current inflation-fighting mode.
"We seem to have overplayed the inflation angle and there has to be re-balancing now," he told reporters here.
 
Bloomberg BNA – November 23
Columbia Law School State AG Program Builds Online Resources for Wage/Hour Cases
A Columbia Law School program on the activities of state attorneys general is developing online resources to help officials mount civil and criminal payroll fraud, misclassification, and other employment cases, the program’s director reported Nov. 20.
 
San Francisco Chronicle – November 25
SAC Insider Probe Rides a Finra Referral Into Cohen’s Orbit
“The government is applying extreme pressure on Martoma because they probably have decided he is the one person who can make the case against Cohen,” said John Coffee, a securities law professor at Columbia University. “As a practical matter, they’re going to need the testimony of Martoma.”
 
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MarketWatch – November 26
Schapiro to step down from SEC
No SEC chairman in history of the agency has had a harder task or faced a more hostile audience in Congress,” said Columbia Law School Professor John Coffee. Coffee added that for the past two or three years, Schapiro was in “damage-control mode” against skeptical Republicans on Capitol Hill.
 
Similar articles appeared in other publications.
 
MarketWatch – November 26
Obama’s SEC pick Walter has muni-bond focus
Columbia Law School Prof. John Coffee said a key advantage with Walter is that she does not require Senate confirmation, an often bruising process where some controversial White House nominees have a difficult time receiving the filibuster-proof 60 votes needed to be approved by the Senate.
 
Lawfare – November 26
Human Rights Watch Report on Killer Robots, and Our Critique
By Matthew Waxman and Kenneth Anderson
Certainly the direction of [fully autonomous] weapons development is toward greater automation, and this raises a legitimate concern about whether highly automated or autonomous weapons systems would comply with the laws of war.
 
The New Yorker – November 26
After Pakistan
“Talk of the Town” story about Cameron Munter, the former U.S. Ambassador to Pakistan, who is now a visiting professor at Columbia Law School.

Columbia Spectator – November 26
Former Pakistan ambassador returns to academia as visiting law professor
Cameron Munter, former U.S. ambassador to Pakistan, will bring his real-life experiences in international law to the classroom during his two months as a professor at the Law School.
 
The Los Angeles Times – November 26
SEC facing deadlock after chief Mary Schapiro quits
With the resignation of Schapiro, we have two Republicans, two Democrats, and they won't agree on anything," said John Coffee, a securities law expert at Columbia Law School.
 
ACSblog – November 27
Second Circuit Case on DOMA May Be High Court’s Strongest Contender for Deciding Law’s Fate
By Suzanne B. Goldberg
While marriage equality supporters have been giving thanks for the recent ballot box victories and the Second Circuit’s Windsor v. U.S. decision, the most recent Defense of Marriage strike-down by a federal court in mid-October, the law-focused among us are also looking ahead to the next big question: What will the U.S. Supreme Court do on Nov. 30, when it is scheduled to decide on the marriage-related cert petitions pending before it?
 
The Daily Princetonian – November 27
How could Fisher case impact schools like Princeton? General Counsels offer answers
Columbia Law School professor and civil rights attorney Ted Shaw answered that it very well could be.
“Not quite yet, but it’s in the process, and it might be dead soon in higher education depending on the outcome of this case,” Shaw said.
 
NYConvergence – November 27
#NetNeutrality Expert Tim Wu Opposes #Verizon Appeal
Legal expert Tim Wu filed a friend-of-the-court brief asking a federal appeals court to uphold the Federal Communications Commission’s neutrality rules. Wu, the Columbia Law School professor who invented the term “net neutrality,” says Verizon’s argument that the regulations impinge free speech doesn’t hold water. He claims their reasoning flies in the face of 100 years of common carrier rules that prohibit transmitters from picking and choosing which calls to put through.
 
C-SPAN – November 28
Applying Lessons Learned from 1990 Budget Impasse to the 'Fiscal Cliff'
 The second panel discussed how political leaders today can use this knowledge to navigate the current fiscal challenge.  The panel featured journalists who cover the budget including: The New York Times’ Jackie Calmes and NPR’s Ron Elving, Columbia Law School’s Michael Graetz, and Phil Joyce of the University of Maryland.
 
Fox Business – November 28
Prof. John Coffee on SAC Insider-Trading Case
Columbia Law School professor John Coffee on the SEC insider-trading case against SAC Capital Advisors.
 
The Atlantic – November 29
The Controversial Africa Policy of Susan Rice
Peter Rosenblum, a respected human rights lawyer and professor at Columbia Law School, says that the U.S.'s reticence in singling out state actors is significant, especially at the U.N. "It shows [Rice] is willing to expend political capital to cast something of a shield over Rwanda and Uganda," he says.
 
The Brown Daily Herald – November 29
Talk explores uncertain fates of drowning islands
What will happen to the citizens of a modern-day Atlantis, a country that will be submerged completely as ocean levels rise due to global warming? Michael Gerrard, director of the Center for Climate Change Law at Columbia Law School, discussed the fate of drowning island nations yesterday at the Joukowsky Forum of the Watson Institute for International Studies…. Because of the small size and remoteness of the islands, in the event of a tsunami the only option is to “tie yourself to a coconut tree” to avoid floating away, Gerrard said.
 
The Agenda – November 29
Bruce Bartlett on Why the Graetz Plan is the Most Viable Route to Tax Reform
Bruce Bartlett has written a report for the New America Foundation calling for tax reformers to embrace a VAT, and he praises Michael Graetz’s Competitive Tax Plan (CTP):
 
The New York Times-Economix – November 29
Dropping the Ball on Financial Regulation
Some distinguished Americans are available to take the job of leading the S.E.C. I’ve written before about Neil Barofsky, Dennis Kelleher and Gary Gensler, the chairman of the Commodity Futures Trading Commission. I also heartily recommend Harvey J. Goldschmid, a former S.E.C. commissioner with an outstanding résumé on many fronts. (Disclosure: Mr. Goldschmid and I both serve in unpaid positions on the systemic risk council, founded by Sheila Bair.)
 
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Lawfare – November 30

Again, What is the Obama Administration’s Plan for Guantanamo?
By Matthew Waxman
The Obama administration has threatened to veto the NDAA if it contains provisions that continue to restrict transfer or Guantanamo detainees into the United States or to other countries, and NSC spokesman Tommy Vietor — reiterating the President’s recent statements —said in response to the GAO report on the feasibility of closing Guantanamo that “We still believe that it’s in our national security interest to close the prison at Guantánamo Bay.”
 
Africainvestor – November/December 2012
Intra-African Investments: A Pressing Issue [page 48 – 49]
Written by Lise Johnson, lead investment law and policy researcher at the Vale Columbia Center on Sustainable International Investment
Intra-African investment is crucial for the continent’s economic growth, yet figures are largely unknown and routinely ignored, often lumped in with figures on intra-African trade, which are more well-known, standing between 10%-12%.
 
The Atlantic – November 30
The Controversial Africa Policy of Susan Rice
Peter Rosenblum, a respected human rights lawyer and professor at Columbia Law School, says that the U.S.'s reticence in singling out state actors is significant, especially at the U.N. "It shows [Rice] is willing to expend political capital to cast something of a shield over Rwanda and Uganda," he says.
 
INET – November 30
Katharina Pistor: False Dichotomies in Law and Finance
“You can’t understand finance if you don’t put law front and center.”
So says Katharina Pistor in her innovative keynote address at INET's False Dichotomies conference, which was co-hosted with the Center for International Governance Innovation (CIGI) in Waterloo, Canada on November 16-17th, 2012.
 
New York Law Journal – November 30
Obama Reelection Clears Path for Numerous New EPA Regulations
By Michael B. Gerrard
In his Environmental Law column, Michael B. Gerrard, Andrew Sabin Professor of Professional Practice and director of the Center for Climate Change Law at Columbia Law School and senior counsel to Arnold & Porter, discusses the important EPA regulations that are in the pipeline involving electric generating plant emissions, fracking, wetlands, coal ash, and more.
 
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NOTE:  On November 16, the Center on Corporate Governance held a day-long conference, called “The Past, Present, and Future of Insider Trading: A 50th Anniversary Re-examination of Cady, Roberts and the Revolution it Began,” chaired by Professor John Coffee.
 
Media Coverage:
 
MarketWatch – November 16
‘Den of Thieves’ author: Hedge funds key to new insider-trading era
Speaking at a Columbia Law School event focusing on the world of insider trading, Stewart said a key difference between the 1980s era of hostile takeovers and today is the advent of an overly competitive world of hedge-fund operators who charge high fees, are under pressure to generate high returns and are earning “billions” in a single year.
 
The Wall Street Journal – November 16
Dé-Làw Vu: Insider Trading’s Trip Down Memory Lane
It wasn’t quite a retrial, but the legal eagles who participated in two of the most high-profile insider trading trials in history participated in a reunion of sorts at Columbia Law School Friday.
 
MarketWatch – November 16
Rajaratnam attorney: Wiretaps not needed in insider-trading case
The lead attorney for convicted billionaire Raj Rajaratnam says prosecutors could have tried their insider-trading case against the hedge-fund manager without wiretaps. Rajaratnam’s lead defense lawyer, John Dowd, discussed the closely watched insider-trading case with Columbia Law School students Friday in a postmortem conference organized at the school that included key attorneys involved in the case.

MarketWatch – November 16
Feds want Wall Street to think they’re bugged, ex-prosecutor says
Pomerantz, who spoke at a conference about insider trading at Columbia University in New York, said wiretaps are hard to obtain even in narcotics and organized crime cases. He added that prosecutors are growing weary of insider-trading complaints. Pomerantz is now a partner at Paul, Weiss, Rifkind, Wharton & Garrison.

The New York Law Journal – November 27
Insider Trading Experts Debate Theories, Contradictions in Law
Practitioners, judges, professors and regulators discussed issues that remain murky and often contentious 50 years after the landmark case that created modern insider trading law during a wide-ranging conference at Columbia University Law School.

Forbes – November 30
The Obscure Insider Trading Case That Started It All
The decision, explained Columbia Law School Professor John Coffee, who chaired the insider trading conference that included key participants from recent insider trading trials such as prosecutor Reed Brodsky, defense attorney Gary Naftalis, and Judge Jed Rakoff from the Gupta trial, reflected a time where regulators had greater discretion and authority.

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