Print

January 2013

January 1-31

InsideCounsel – January 1
By Paul Sarkozi Vincent Syracuse, George Du Pont, Matthew Sinkman
E-discovery: New Sedona Conference developments continue to alter the e-discovery landscape
Satisfying a party’s e-discovery obligations is a complex and expensive task. In-house counsel, lawyers and judges often refer to and cite e-discovery-related publications of the Sedona Conference, which provides valuable resources to address difficult e-discovery questions.
[Paul Sarkozi is a lecturer-in-law at the Law School.]
 
The Washington Post – January 1
Supreme Court to hear Gabelli appeal of SEC civil fraud penalties
This would be a substantial shift for the SEC,” said John C. Coffee Jr., a law professor at Columbia Law School. “It would put them behind the eight ball.”
 
The CLS Blue Sky Blog – January 2
SEC enforcement: What has gone wrong?
By John C. Coffee, Jr.
A disturbingly persistent pattern has emerged in U.S. Securities and Exchange Commission enforcement cases that involves three key elements: (1) The commission rarely sues individual defendants at large financial institutions, settling instead with the entity only; (2) when it does sue individual defendants, it frequently loses; and (3) the penalties collected by the commission from corporate defendants are declining and, in any event, are modest in proportion to the profits obtained.
 
Lawfare – January 2
Additional Thoughts on Washington Post “Renditions” Story
By Matthew Waxman
Steve has already noted (and critiqued) this Washington Post story about continued “renditions” by the United States government.  The term “renditions” is used in so many ways (often, as Steve suggests, with connotations of harsh interrogation), and this article defines it as “the practice of holding and interrogating terrorism suspects in other countries without due process.”
 
BBC – January 2
Prof Bobbitt: 'Military spending is like insurance'
Although describing Mr Daalder as "a very distinguished figure, a brilliant academic and someone whose voice is worth respecting", US diplomat Professor Philip Bobbitt said: "I don't think his real point should be about current budgets, and the repatriation of the Afghan surplus. I think the thing we really have to focus on, is that there is so little support in the public for defence expenditures generally. I don't think the public, not just in Europe but in America too, has any clear idea of what our forces are for."
 
The New York Times – January 3
Google Pushed Hard Behind the Scenes to Convince Regulators
Tim Wu, a law professor at Columbia who was a senior adviser to the F.T.C. until last summer, said the outcome of the Google case reflected a change in thinking about antitrust enforcement. “It used to be like the way we dealt with the mob,” said Mr. Wu, who was involved in the agency’s Google inquiry but who emphasized that he was not speaking for the F.T.C.
 
The Huffington Post – January 3
A Quiet Hero Leaves the Pentagon
But once I learned that Johnson's hero was a lawyer named Jack Greenberg, I was optimistic. In 1949 Jack Greenberg was the only white lawyer named to the NAACP Legal Defense and Educational Fund, and in 1961 Greenberg succeeded Thurgood Marshall as Director General at the NAACP. Greenberg, a law professor at Columbia University who is still practicing, has devoted his life and work to justice and fairness.
 
SCOTUSblog – January 4
Argument preview: When is a burglary a “burglary”?
By Daniel Richman
[Daniel Richman is the Paul J. Kellner Professor of Law at Columbia Law School.]
Because its application brings some of the federal system’s harshest mandatory penalties, and requires federal courts to categorize a diverse range of prior state convictions (most of which arose out of guilty pleas on undeveloped records), the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e), has provided the Court with considerable business (and a fair amount of exasperation).  Descamps v. United States, 11-9540, set for argument on Monday, January 7, presents the Court with yet another categorization exercise that highlights the tension between such exercises and the Court’s developing constitutional doctrine about when judges can find facts in criminal proceedings.
 
Lawfare – January 4
Judicial Review for Enemy Fighters? Andrew Kent on the Quirin Case
Andrew Kent writes in with the following guest post on his fascinating new article on Ex Parte Quirin. I asked Andrew to write up this piece, after reading an earlier draft of the underlying paper for a workshop last summer that Matt [Waxman] and Trevor [Morrison] organized at Columbia Law School. I found both the history Andrew had dug up to be completely eye-opening, and the analysis to be challenging and important.
 
The New York Times – January 6
U.S. Fiscal Talks Made No One Look Good
The estate tax epitomizes this state of affairs. It is assessed on fewer than 1 percent of the wealthiest estates. Michael J. Graetz, a former Treasury official in the administration of President George H.W. Bush who has written a book on the subject, says that with huge deficits and worsening income inequality, “it is amazing that our political system cannot maintain an estate tax that contributes less than 1 percent of federal revenues from those Americans best able to afford it.”
 
The American Civil Liberties Union – January 7
United States' Compliance with the International Covenant on Civil and Political Rights
The ACLU and Columbia Law School Human Rights Institute (HRI) are urging a United Nations treaty body to question the United States on its targeted killing program. The Human Rights Committee, the body charged with monitoring implementation of the International Covenant on Civil and Political Rights (ICCPR), will review the U.S. compliance report in October 2013.
 
Bloomberg News – January 7
Political-Disclosure Rule Seekers See Hopeful Sign on SEC Agenda
It would be unusual, for sure, for the agency to place a proposed rule on the agenda and not plan at least for the staff to prepare a proposal for the commissioners to review, which, I’d speculate, they are doing now,” said Robert J. Jackson Jr., a Columbia University law professor who was one of the signers of the original petition.
 
Similar articles appeared in other publications.
 
The Guardian – January 8
New director John Brennan must kill the CIA's drone assassination policy
By Naureen Shah
Monday, President Obama nominated John Brennan – the architect of his secretive, deadly drone program – to head the CIA. Before he is confirmed, Brennan should publicly commit to getting the CIA out of the killing business.
 
The Los Angeles Times – January 8
AIG considers joining lawsuit against U.S. over bailouts
"It takes a lot of gall to say the government that bailed you out didn't pay you enough," said John C. Coffee, a Columbia Law School professor and expert on corporate governance.
 
Roll Call – January 8
Coalition Presses for Rules on Corporate Political Spending
“Investors have been clamoring for this information from the SEC for some time,” Robert Jackson, an associate law professor at Columbia Law School, said during a conference call organized by the Corporate Reform Coalition, which includes a wide range of progressive groups as well as shareholders and investors.
 
Similar articles appeared in other publications.
 
Lawfare – January 8
Micah Zenko’s CFR Report on Drones Policy
By Matthew Waxman
Micah Zenko of the Council on Foreign Relations has just published this important report on U.S. drones policy. I disagree with Zenko on some aspects of it, but for now I want to summarize several of his main points and highlight some especially important ones.
 
The Economic Times – January 9
AIG may join bailout lawsuit against US government
"I think what you're seeing today is the board making very certain they have satisfied all the requirements of the business judgment rule by conducting an adequate investigation and reaching a deliberate decision," said John Coffee, a professor at Columbia Law School. "If they do that, they can be safe."
 
Similar articles appeared in other publications.
 
The Wall Street Journal – January 9
Two Auditors Charged Over Bank Failure
"I think it is about time [the SEC] took action against the gatekeepers," said John Coffee, a Columbia University securities-law professor. The SEC has been "somewhat egregious and far less than aggressive" in taking action against auditors, attorneys and other outside professionals who may have abetted the conduct that led to the crisis, he said.
 
NBC News – January 9
Facing backlash, AIG won't join lawsuit against US
"The majority of directors decided that the reputational damage was greater than the possibility on a long-shot lawsuit," said John Coffee, a professor at Columbia Law School who specializes in corporate and securities law.
 
Similar articles appeared in other publications.
 
Marketplace – January 9
AIG has to consider lawsuit against U.S.
Columbia University law professor John Coffee says the AIG directors could be looking to head off further legal action against themseleves, by demonstrating that they've given Greenberg due consideration.
"That would mean that they would be immune from liability if Greenberg subsequently sued them for not suing the U.S. government," Coffee says.
 
The CLS Blue Sky Blog – January 10
Reputation is crucial for bank investors
By John C. Coffee, Jr.
The humbling of two global banks in recent weeks has been greeted very differently on opposite sides of the Atlantic. Still, from the perspective of either side, large fines for interest rate rigging by Swiss bank UBS, and money-laundering by HSBC, point to the same conclusion: from now on, banks must protect their reputations as their most valuable asset.
 
SCOTUSblog – January 11
Argument recap: Justices mull state’s right to Medicaid claimant’s tort recoveries
By Ronald Mann
Monday’s argument about Medicaid preemption in Delia v. E.M.A. showed a bench with tough questions for both sides, as the Justices considered North Carolina’s argument that its claim to reimbursement for Medicaid expenditures justifies it in taking one-third of any tort recovery a Medicaid claimant subsequently obtains.
 
NJ.com – January 13
Tennessee gas pipeline challenged by Delaware Riverkeeper Network and N.J. Highlands Coalition
The Petition asks the DC Circuit Court of Appeals, a federal court, to issue a stay of the Federal Energy Regulatory Commission’s Order and Certification issued on May 29, 2012as well as its Notice to Proceed with Construction issued for the TGP NEUP on December 14, 2012. Petitioners are represented by the Delaware Riverkeeper Network’s attorneys and the Environmental Law Clinic at Columbia Law School.
 
Similar articles appeared in other publications.
 
The Globalist – January 14
The Global Rise of a Regulatory Superstate in Europe
By Anu Bradford
A student recently explained his unwillingness to take my class on European Union law by comparing it to "studying Soviet Union law in 1989." He is not alone in his skepticism. But he and others who hold such a view are utterly wrong.
 
Note: This op-ed was referenced in other publications.
 
The Wall Street Journal – January 14
Skowron Fights Bank
The restitution sought from Mr. Skowron is distinct from civil clawback claims that investment banks can pursue against former executives under the Dodd-Frank financial-overhaul law that went into effect in 2010, said John Coffee, a professor at Columbia Law School.
 
The New Yorker – January 14
How the legal system failed Aaron Swartz—and us
By Tim Wu
Tomorrow is the funeral for Aaron Swartz, the programmer and sometime activist who killed himself last Friday, while facing federal trial. No one knows, or will ever really know, what caused Swartz to take his own life. But his suicide, in the face of possible bankruptcy and serious prison time, has created a moment of clarity. We can rightly judge a society by how it treats its eccentrics and deviant geniuses—and by that measure, we have utterly failed.
 
[Note: This article was the subject of significant discussion in social media platforms, as well as among mainstream media.].
 
NorthJersey.com – January 14
"It's nearly impossible to predict how that might be used," Edward Lloyd, a Columbia University law professor arguing for the environmental groups, told the three-judge panel. "And I think that it invited arbitrary decision-making."
   
Thomas Reuters – January 14
SEC settlements reach highest level since 2007
In a posting on the National Law Journal's website, Khuzami and Canellos take aim at a Dec. 3 article in the same publication from Columbia University Law Professor John Coffee.
Coffee used prior NERA data on settlements to argue that there is a "disturbingly persistent pattern" in which the SEC "rarely sues individual defendants at large financial institutions" and "frequently loses" when it does sue.
 
Truthout – January 14
Citizens United Opponents Cheer Corporate Disclosure Rule on SEC Agenda
Robert Jackson, a law professor at Columbia University and one of the original petition filers, said in a statement that he hopes the SEC will "shine light" on corporate political spending this year.
 
SCOTUSblog – January 15
Argument preview: Making a federal case out of legal malpractice claims
By Ronald Mann
For the second consecutive year, the Court is considering the extent of federal jurisdiction over cases that “arise under” federal law.  Last year, in Mims v. Arrow Financial Services, LLC, the Court considered when a cause of action created by federal law “arises under” federal law.
 
AdvisorOne – January 15
SEC’s Top Cops Blast Columbia Law Professor Over ‘Inaccurate’ Enforcement Stats
 The SEC’s two top enforcement cops, Robert Khuzami and George Canellos, are coming out against a recent article penned by Columbia Law professor John Coffee titled "SEC enforcement: What has gone wrong?," that they say makes various claims about the agency’s enforcement cases that are “inaccurate” and “distorted.”
 
Philly.com – January 15
Nutter plans city initiative to target gun trade
John Coffee, a Columbia University law professor specializing in corporate governance and securities, said Nutter's strategy could be effective.
"You do not want to be in a quarrel with a united phalanx of public pensions," Coffee said. "If the mayor can negotiate a somewhat larger group than just Philadelphia, I think that's a credible threat."
 

The New Jersey Law Journal – January 16
By Taysen Van Itallie
The New Jersey Supreme Court wants to do something about the scandalous "access to justice" problem: the fact that few Americans can afford a lawyer.
So in October, it formed a working group to consider requiring up to 50 hours of free, or pro bono, legal services as a condition of being allowed to practice law in the state.
[Taysen Van Itallie is a lecturer-in-law at the Law School]
 
The CLS Blue Sky Blog – January 16
SEC Enforcement: Rhetoric and Reality
By John C. Coffee, Jr.
On January 14, Robert S. Khuzami and George S. Canellos published their response in the National Law Journal to my earlier column, “SEC Enforcement:  What Has Gone Wrong?”  Their column—“Unfair Claims, Untenable Solution”(available here)—minces no words, but in my judgment continues to miss the forest for the trees.  In responding, I want to emphasize that I am criticizing policies, not individuals.  I have no doubt that both men are able lawyers who have worked hard to improve the SEC’s performance.
 
InsideClimate News – January 16
Q&A: The Challenges of Facing Coming Climate Extremes
In an essay after superstorm Sandy, Michael Gerrard, director of the Center for Climate Change Law At Columbia University, proposed that instead of thinking about what Sandy was, we should focus on "what Hurricane Sandy was not," as his title put it.
 
Similar articles appeared in other publications.
 
Bloomberg Businessweek – January 16
SEC May Force Disclosure of Political Contributions
Opposing those groups are academics and shareholder activists who have long crusaded for greater disclosure. In 2011, Columbia University Law Professor Robert Jackson and nine other academics petitioned the S.E.C. to make companies report their political spending to investors. The petition got 322,000 favorable responses—reportedly the most the agency has ever received on any topic.
 
The New York Law Journal – January 17
Gone With the Wind: Small IPOs, the JOBS Act, and Reality
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 and Director of its Center on Corporate Governance, writes that if one truly wanted to encourage smaller IPOs, the reforms that might do the most good would seek to (1) restrict selective disclosure at roadshows (by amending Regulation FD's overbroad current exemptions), and (2) encourage Dutch Auctions to reduce the total underwriting costs to the issuer (which costs include the first day runup in price).
 
The Daily Voice – January 17
New Castle Climate Change Experts Share Concern
Co-sponsored by the League of Women Voters and the Chappaqua Library, the presentation was led by New Castle resident Professor Michael Gerrard of Columbia Law School and Robi Schlaff, a New Castle resident who chaired the state Sea Level Rise Task Force Steering Committee. Gerrard, also the director of the Center for Climate Change Law at Columbia, focused on the effects greenhouse gases have on our climate. He also highlighted our energy-efficient legislation — or lack thereof.
He said, “2012 was far and away the warmest year in United State history. As you can see, the more greenhouse gases we use, the warmer our country gets.”
 
Similar articles appeared in other publications.
 
Legal News – January 17
Law professor honored by the International Arbitration Club of NY
The prize honors the late professor Hans Smit of Columbia Law School and Andreas Lowenfeld, the Rubin Professor Emeritus at the New York University School of Law, for their distinguished careers in the field of international arbitration, both as scholars and as arbitrators.
 
Fortune – January 18
JPMorgan's London Whale review: Inside job
John Coffee, a professor at Columbia Law School, says he, too, finds it odd that the review on such a high profile event was conducted internally. "It's unusual," says John Coffee, a professor at Columbia Law School. "But it's a lot cheaper to do it in house."
 
Expansión – January 19
A school of leaders in the epicenter of global law
Columbia University educates, along with Harvard, Yale and Stanford, several of the best lawyers in the world. Its location in New York grants greater access to top law firms and personalities.
[Note: This article has been translated into English from the original Spanish-language story]
 
The New York Times – January 21
At Stanford, Clinical Training for Defense of Religious Liberty
Leading conservative scholars across the country welcomed the opening of the clinic as a breakthrough in elite legal education. Stephen L. Carter of Yale Law School hailed it as a “milestone,” Philip Hamburger of Columbia Law called it a “blessing,” and Thomas F. Farr of Georgetown University called it “corner turning.”
 
Lexology – January 21
Coffee, Khuzami, Canellos and the future of SEC enforcement
Professor John Coffee’s recent proposal that the SEC retain outside counsel on a contingent fee basis to litigate select cases reflects a fundamental misunderstanding of Commission enforcement actions. In posts on his Columbia Law School Blog (The CLS Blue Sky Blog) dated January 2 and 16, 2013 Professor Coffee details what he believes to be a series of difficulties with the SEC enforcement program.
 
The New Yorker – January 22
It’s a Mad, Mad, Mad, Mad Disney World
By Tim Wu
New York Times, Los Angeles Times, and other news organizations have speculated that “Escape from Tomorrow” must violate Disney’s rights and that its lawyers will seek to have the film enjoined. At the Sundance Film Festival, where the film premièred this week, Moore was onstage answering questions when someone in the audience asked, roughly, “Why did you put so much work into a film that violates so many laws?”
 
This article was referenced in other publications.
 
Lawfare – January 22
Letter in Support of Brennan Nomination
By Trevor Morrison
I’m pleased to report that a group of former Obama Administration lawyers (including yours truly) has just submitted to the Senate Select Committee on Intelligence a letter expressing our strong support for John Brennan’s nomination to be Director of the CIA.
 
Prospect – January 23
How to help feminism
By Jagdish Bhagwati
The horrifying tragedy that befell the young Indian woman Jyoti Singh, who was brutally gang raped in a New Delhi bus in December, and later died in a Singapore hospital, has led to spontaneous outrage. That Indian women face terrifying risk when they venture into public spaces, as they must do in cities and towns and will do even in villages, is a fact that few had appreciated earlier; this is no longer so.
 
Wisconsin Public Radio – January 23
Katherine Franke on President Obama’s Historic Remarks
 President Obama made history during his second inaugural address on Monday when he mentioned marriage equality for gays and lesbians. This hour, Veronica Rueckert's guest discusses those statements, and the upcoming gay marriage cases before the Supreme Court.

Guest: Katherine Franke, Professor of Law and Director, Center for Gender and Sexuality Law, Columbia.
 
SmartData Collective – January 23
The Use and Abuse of Big Data
Eben Moglen, professor of law and legal history at Columbia University and Chairman of the Software Freedom Law Center, warned at re:publica Berlin in May 2012 that "media that spies on and data-mines the public is destroying freedom of thought and only this generation, the last to grow up remembering the 'old way,' is positioned to save this, humanity's most precious freedom."  
 
The New York Times – January 24
Toward a Simpler Tax System
By Michael J. Graetz
What our nation needs is a new and better tax system, one that is far simpler, fair and more conducive to economic growth. We should combine a tax on sales of goods and services with an income tax on higher-income people to be at least as progressive and raise at least as much revenue as current law.
 
Slate – January 24
If You Care About the Environment, You Should Support Nuclear Power
By Tim Wu
A good, politically charged documentary often seizes on what the audience already believes and throws fuel on the fire (see, e.g., the work of Michael Moore). A better such documentary tries to convince its audience that what it takes for granted is flat-out wrong. Pandora’s Promise, which premiered at Sundance, does just that. It makes the utterly convincing case that anyone who considers themselves an environmentalist or takes climate change seriously should favor more nuclear power.
 
NPR – January 24
New York Murder Rate Plummets, But Who Should Get The Credit?
"If you look at the 50-year perspective, there are cities across the spectrum [where] crime rates have gone back to what their 1960 levels were, without having to resort to these tactics," says Jeffrey Fagan, who teaches law at Columbia University. Fagan says other big cities like Los Angeles and Houston have also seen violent crime decline to levels not seen in decades.
 
Reuters – January 24
Congress tax writer weighs changes for derivatives
Tax rules for financial instruments "are inconsistent with each other and have no basis in the reality of economics," said David Miller, a tax lawyer at the Cadwalader law firm, who also teaches derivatives taxation at Columbia University Law School.
 
[David Miller is a lecturer-in-law at the Law School.]
 
Corporate Counsel – January 25
In Mary Jo White, SEC Gets a Chair Who Knows Both Sides of the Battlefield
But Columbia University law professor Harvey Goldschmid, a former SEC commissioner as well as one-time SEC general counsel, thinks White will bring both sides of her legal career to the job…. Calling her appointment “terrific,” Goldschmid is someone who knows her well—and in fact taught her at Columbia years ago. “She is tough and she’s pragmatic, with a first-rate mind. She is going to be demanding and will put up with no nonsense, but she’ll be fair,” he insisted.
 
The Washington Post – January 26
Virginia case highlights need to stop gerrymandering by GOP, Democrats alike
Both Republicans and Democrats regularly exhibit such greed and dishonesty in manipulating electoral maps that a Columbia University expert who studies the practice likened his work to that of an anthropologist who observes cannibals.
“I have to replace normal human reactions of disgust and revulsion with fascination and curiosity. It’s the only way I can cope,” said Nathaniel Persily, a law professor who’s helped draw election lines in Maryland and other states.
 
The News Eagle – January 27
Request for Stay Filed Against NEUP Pipeline
The Petition asks the DC Circuit Court of Appeals, a federal court, to issue a stay of the Federal Energy Regulatory Commission’s Order and Certification issued on May 29, 2012 as well as its Notice to Proceed with Construction issued for the TGP NEUP on December 14, 2012. Petitioners are represented by the Delaware Riverkeeper Network’s attorneys and the Environmental Law Clinic at Columbia Law School.
 
UC Davis News and Information – January 28
CalPERS, UC Davis launch research initiative to study impact of sustainability factors on investments
“Improving our understanding of the relationship between ESG and long-term performance is critical for boards of directors, shareholders and indeed everyone who relies upon public companies to be responsible stewards of capital,” said Robert J. Jackson, Jr., Associate Professor of Law, Milton Handler Fellow and Co-Director of the Ira M. Millstein Center for Global Markets and Corporate Ownership at Columbia Law School. “We are delighted to be working with CalPERS on this important initiative, and look forward to valuable new conversations with academics, practitioners, and investors on these critical questions.”
 
Brookings – January 28
Filling Judicial Vacancies In Obama's Second Term—Some Prospects
That the rule does not apply to circuit (or Supreme Court) nominees makes a certain perverse sense, in that those nominations have been more contentious. In Obama’s first term, 46 percent of district confirmations were by voice vote or unanimous consent, double the 23 percent of circuit confirmations that went that route. And, on roll call votes, 11 percent of district confirmations received 11 or more negative votes, versus 24 percent of circuit confirmations. The rules change may be a step toward putting district and circuit nominations on different paths, as advocated, for example, by Columbia Law School’s Michael Shenkman.
 
Inside Counsel – January 29
E-discovery: Managing the duty to preserve voicemail
By Paul Sarkozi, Vincent Syracuse, George Du Pont, Matthew Sinkman
Litigants increasingly seek discovery of voicemail. In a matter in which there is a duty to preserve electronically stored information, there may also be a duty to preserve voicemail messages. What should inside counsel do? New voicemail technologies require new ways of thinking about how to comply with a party’s discovery obligations.
 
[Paul Sarkozi is a lecturer-in-law at the Law School.]
 
The Asset – January 30
Former US Deputy Attorney General joins HSBC board
James Brien Comey, Jr., former US Deputy Attorney General, has been appointed a director of HSBC Holdings starting March 4 2013. He will be an independent non-executive director and a member of the financial system vulnerabilities committee. Comey is a senior research scholar and Hertog Fellow on national security law at Columbia University Law School in New York. From 2010 to 2013, he was general counsel of Bridgewater Associates and, from 2005 to 2010, senior vice-president and general counsel of the Lockheed Martin Corporation.
 
Similar articles appeared in other publications.
 
Legal News – January 30
Columbia launches blog on financial matters
Columbia Law School this week launched The CLS Blue Sky Blog, Columbia Law School’s Blog on Corporations and the Capital Markets. The CLS Blue Sky Blog offers analysis of noteworthy developments in the worlds of financial reform, securities regulation, corporate governance and more.
 
Bloomberg Law – January 31
Can Feds Force Companies to Disclose Political Spending?
The SEC is considering a proposal by Robert Jackson, associate professor at Columbia Law School, that public companies be required to disclose their political spending. SEC staff members have said they plan to issue a proposed rule by April of this year. Jackson tells Bloomberg Law's Lee Pacchia that "the thing to keep in mind is that this is investors' money. It's the corporation's resources being spent on this," and investors have a right to know when they decide where to put their money, he says.
 
The Atlantic – January/February 2013
The Web’s New Monopolists
“Strategy is antitrust with a minus sign in front of it,” says the Columbia Law School professor Tim Wu, who has taught both subjects. That is, strategy tries to maximize what antitrust tries to minimize.
 
Africa Investor – January/February 2013
Shared-use Infrastructure
By Perrine Toledano
Only about 30% of Africa has access to electricity, and transport costs in Africa are among the highest in the world. For the World Bank, the annual funding gap for infrastructure investment in Africa is US $31 billion. This gap however can be filled if the investments of natural resource concessionaires are leveraged and not planned in an enclave model.
 
[Perrine Toledano is lead economics and policy researcher at the Vale Columbia Center on Sustainable International Investment, a joint center of Columbia Law School and the Earth Institute at Columbia University.]
 
Americas Quarterly – January 29
Ask the Experts: Mining
By Lisa Sachs, Jon Samuel , Anthony Hodge, Francisco Panizza and Edwin Julio Palomino Cadenas
“At the Vale Columbia Center on Sustainable International Investment at Columbia University, we have identified five “pillars” that are necessary for resource-based sustainable development. Each pillar requires the collaboration of governments, companies, donors and communities.”
 
Lisa Sachs ’08 is director of the Vale Columbia Center on Sustainable International Investment, a joint center of Columbia Law School and the Earth Institute at Columbia University.