July 2013

July 1-17

Bloomberg Businessweek—July 1
Tax planners started using derivatives to convert hedge funds’ short-term gains to long-term gains in the 1990s, said Alex Raskolnikov, a tax professor at Columbia University Law School. Congress tried to close the loophole in 1999, enacting a law allowing the IRS to disregard the tax effect of some derivatives, such as swaps and forwards, if they were economically akin to owning the fund directly.
A similar article appeared in other outlets, including Business Insider.
MSNBC—July 1
Philip Bobbitt, director of Columbia University’s Center for National Security Law, said that extensive surveillance against allies was simple malpractice. “If you’re prepared to take the very expensive time to collect against people you already know very well, you should probably be in some other line of work,” he said. “The costs to collect are not trivial, and the cost of analysis…is pretty high.”
[note: we have requested a correction of Professor Bobbitt’s title and the name of the program]
New York Daily News—July 1
Here are the expected members of Gov. Cuomo’s 25-member Moreland Act commission that is due to be announced tomorrow. The list includes 10 district attorneys, a former US attorney, and several law school professors…Columbia Law School Professor Richard Briffault
Similar articles appeared in other publications, including the Syracuse Post Standard, the Associated Press, The Poughkeepsie Journal, and The Times Union.
SCOTUSblog—July 1
By Ronald Mann
The smoke finally cleared last Monday in Mutual Pharmaceutical Co. v. Bartlett, and the message is that the Justices saw this case as essentially a replay of last year’s decision in PLIVA, Inc. v. Mensing: All five of the Justices in the PLIVA majority held for the manufacturer here, and the four PLIVA dissenters would have held for the plaintiff.
The Faculty Lounge—July 2
Dean David Schizer sent an email to Columbia Law School alumni this morning mentioning that he is approaching the end of his ten year term.  (I didn't realize that there is a ten year limit on deans at Columbia, nor did I realize he'd been there so long.  For some reason the past nine years have gone by very, very quickly.)  
WNYC—July 3
Patricia Williams, Columbia University Law School professor and columnist for The Nation magazine, shares her observations of the Zimmerman trial, underway in Florida, over the shooting death of Trayvon Martin.
TaxProf Blog—July 3
Tax Prof David Schizer is stepping down after ten years as Dean of Columbia Law School. Al Brophy (North Carolina) notes: [M]y sense -- gathered from afar -- is that Schizer has been incredibly good for the law school.  I've heard about his dedication to helping students find jobs, to helping/encouraging faculty to do great work in the classroom and in their research and service, and to expanding Columbia's engagement with the legal community. 
Al Jazeera—July 3
By Suzanne B. Goldberg
Warning: The US Supreme Court’s recent decisions about civil rights and equal treatment pose a risk of severe whiplash. On the final day of the court’s term last week, the justices embraced a strong vision of equality as they struck down the federal Defense of Marriage Act (DOMA), which prohibited the US government from recognising same-sex couples’ marriages
This piece also appeared in The Huffington Post.
The Nation—July 3
By Katherine Franke
Lesbian and gay people and their families have much to celebrate in the Supreme Court’s rulings in the DOMA and Proposition 8 cases. While not going so far as to declare a constitutional right for same-sex couples to marry, Justice Kennedy’s decision in Windsor called out DOMA as an unambiguous expression of animus toward gay people, decrying it for writing “inequality into the entire United States Code.”
This piece also ran in The Huffington Post, and The New Civil Rights Movement.
JD Journal—July 3
This morning the Dean of the Columbia School of Law David Schizer emailed alumni to tell them his tenure approaches its term’s end. Whenever administration changes hands the buzz is in the air and students and faculty alike are wondering what the next step is and who will lead the institution moving forward. Of course, alumni and parents of prospective students also wonder about the stewardship and management of the Law School, and their concerns are justified. However when it comes to top institutions like Columbia, great care will be given in deciding who takes the responsibility of stewardship.
Deutsche Welle—July 3
The US announced it would cut trade benefits for Bangladesh in the wake of deadly factory incidents. Economist Jagdish Bhagwati examines the reasons behind this move and how it might affect the country's exports.
Oversold—July 4
Jeff Clements of Free Speech for People (a great organization; check out their website) forwarded this terrific article to me the other day that appeared in The New Republic. It is written by Tim Wu, law professor at Columbia.  It offers a nice summary of what we face right now – a fairly substantial attack on regulation generally.
Counterpunch—July 5
By Devon Carbado, Kimberlé Crenshaw, and Cheryl Harris
The recent Supreme Court decisions striking down the federal Defense of Marriage Act (in United States v. Windsor) and reaffirming the California Supreme Court’s rejection of the challenge to Proposition 8—the state ban on gay marriage (in Hollingsworth v. Perry)—mark a major moment in United States civil rights history.
New York Post—July 5
Columbia Law Professor John Coffee said “the normal inference” is that some shareholders feel Michael Dell’s bid is the best they are going to get, and there is a growing likelihood his offer will fail.
The Boston Globe (subscription required)—July 7
The effect has been to inject partisan differences into the commission's DNA, while increasing the probability that votes would end in deadlock. "It's not working, and that's how it was designed," said Richard Briffault, a professor of law at Columbia University who has studied the commission.
The Spectator—July 6
It may be pushing it to compare Philip Bobbitt with Indiana Jones, on the basis that a constitutional lawyer will never have the exotic and uncommercial appeal of an archaeologist adventurer, even if he does look remarkably similar. Then again, a profile of him in the New York Observer called him the James Bond of the Columbia Law School, which also suggests impossible glamour.
Zócalo Public Square—July 8
By Suzanne B. Goldberg
The biggest unresolved legal question is straightforward: how long it will take for full marriage equality to become a reality across the country. Note that the question is not “whether” but, instead, “when.”
The New York Times—July 9
James B. Comey, President Obama’s nominee for F.B.I. director, said on Tuesday that he no longer believed it was legal to waterboard detainees under United States law. His statements contrasted with the position he took in 2005 when, as President George W. Bush’s deputy attorney general, he oversaw the government’s legal opinions.
James B. Comey is a Hertog Fellow in national security law, senior research scholar, and lecturer-in-law.
Similar articles appeared in other outlets, including The Washington Post and The Christian Science Monitor.
SafeHaven—July 9
It would be difficult, but criminalizing journalists under the Espionage Act is Obama's best chance at killing a free press that publishes leaks. Certainly it is far easier than criminalizing the publishers themselves. As Columbia law professor Daniel C. Richman observed, "I suspect there is a real desire on the part of the government to avoid pursuing the publication aspect if it can pursue the leak aspect. It would be so much neater and raise fewer constitutional issues."
Foreign Affairs—July 10
By Thomas J. Bollyky and Anu Bradford
Revelations that the United States bugged EU embassies and monitored the emails and phone calls of ordinary Europeans almost ended this week’s U.S.-EU trade negotiations before they began. But prudence prevailed and EU officials withdrew their threats to postpone the talks. With U.S. economic growth still sluggish and eurozone unemployment reaching all-time highs, a transatlantic pact that could liberalize one-third of global trade and generate millions of new jobs is an opportunity neither side can afford to miss.
The Wall Street Journal—July 10
“They can appeal, but appealing factual findings is rowing upstream,” Tim Wu, a Columbia University law professor, told Law Blog.
The Contra Costa Times—July 10
However, legal experts said an appeal was unlikely to fully succeed -- "They can appeal, but appealing factual findings is rowing upstream," Columbia University law professor Tim Wu told a Wall Street Journal blog -- and Apple will probably face a full-fledged civil assault from consumers who overpaid for e-books due to Apple's actions.
BBC News—July 10
However, Columbia University law professor Scott Hemphill said today's ruling was narrow and would be unlikely to set any legal precedent. "It may send some signals to tech companies about what they can and can't do," said Prof Hemphill.
This article also appeared in other outlets.
Corporate Counsel—July 10
Columbia Law School professor Thomas Merrill testified that it raises serious constitutional issues—ones almost sure to be litigated the first time the provision is invoked, with potentially disastrous consequences. “It’s very likely to cause the whole process to go off the rails and become chaotic,” he said. “My concern is that the constitutional issues will work against the purpose [of the provision]…at a time when it’s least appropriate to bring them to the fore.”
Live Mint—July 10
Bhagwati versus Sen may not have the same resonance as Modi versus Gandhi, but behind the political fight scheduled for 2014 is a duel of economic ideologies.
The protagonists of this cerebral combat are Jagdish Bhagwati and Amartya Sen, without a shred of doubt two of the finest Indian economists ever.
The National Law Journal—July 10
By Stephen I. Vladeck and James Liebman
In its 1996 decision in Felker v. Turpin, the U.S. Supreme Court saved Congress from itself, relying on creative legal reasoning to hold that some of the key provisions of the Antiterrorism and Effective Death Penalty Act (AEDPA) did not actually raise the serious constitutional questions that they appeared to present.
Institutional Investor—July 10
“What’s driving the insider trading cases is a commitment of FBI resources in this area,” says Daniel Richman, a former Giuliani deputy who now teaches criminal law at Columbia Law School. “After 9/11 there was a massive pullback by the bureau from any nonterrorism cases, but that has changed.”
New York Law Journal—July 10
David Schizer, who has led Columbia Law since 2004, sent a letter to the law school community last week to mark the start of the final year of his 10-year term. The school put term limits in place more than 40 years ago. Schizer, 44, was one of the youngest-ever deans of a law school in the United States when he was appointed. His term ends on June 30, 2014. A search committee will be formed to find his replacement. "It has been an honor and a privilege to serve in this role for the past nine years, and I look forward to another successful year as we continue our work together to strengthen this magnificent law school and to promote freedom and opportunity through the rule of law," Schizer said in a statement.
The River Reporter—July 10
Then in August of 2011, National Parks Conservation Association (NPCA), the Delaware Riverkeeper Network (DRN) and the Columbia Environmental Law Clinic also filed a lawsuit against DRBC and USACE. The groups argued that the impacts of hydraulic fracturing needed to be better understood before regulations regarding them could be adopted.

New York Law Journal—July 11
By Michael B. Gerrard
The courts issued 55 decisions in 2012 under the State Environmental Quality Review Act (SEQRA). As this annual survey shows, especially important decisions concerned the necessity of supplemental environmental impact statements (EISs), and the relationship of SEQRA to various federal laws.
Reuters—July 11
‘Fabulous Fab’ trial is a test for SEC
"The ability to handle large, complex cases is beyond the SEC," said John Coffee, a law professor at Columbia Law School. In an op-ed piece in the National Law Journal in January, Coffee said the SEC's record was close to zero in financial crisis trials, saying it should hire private lawyers on contingency to bring cases on its behalf.
Similar articles appeared in multiple outlets that carry Reuters content.
 SCOTUSblog—July 11
In an op-ed for The National Law Journal, Stephen I. Vladeck and James Liebman discuss the case of Georgia death row inmate Warren Hill, who is scheduled to be executed next week.  They urge the Court to “put its money where its mouth is: If the constitutional right to a forum to challenge unlawful imprisonment and execution means what Felker v. Turpin said, then the Court must use its original habeas jurisdiction in the rare case like Hill’s where such relief is necessary to prevent a patently unconstitutional execution.”
UPI—July 11
Thomas Merrill, a professor at Columbia Law School in New York City, told the Oversight and Investigations subcommittee of the House Financial Services committee that providing stakeholders with no notice of an impending liquidation is a “super due-process breach” where rights are “vaporized.”
The Wall Street Journal—July 11
A rise in legal challenges is a "definite possibility" as more states begin to pass laws codifying lists of companies that are barred from receiving government contracts because of economic ties to Iran, said Lori Damrosch, a professor of international law at Columbia University.
This article also appeared in Iran Focus, and a similar story appeared on The Wall Street Journal’s Law Blog.
The New York Times—July 12
For some market experts, the attorney general’s move is long overdue. Mr. Schneiderman is “a mile ahead of the Securities and Exchange Commission, which has to be dragged slowly and grudgingly toward raising the standard of behavior,” said John Coffee, a professor and expert on securities law at Columbia Law School.
Alternet—July 14
“The DOJ has made a centralized decision to avoid making centralized decisions,” said Columbia Law School’s Daniel Richman, who teaches federal criminal procedure and said the political decision by Attorney General Eric Holder to let local prosecutors do what they wanted was “outside the normal dynamic” where Washington keeps a tight rein on priorities.
The Brisbane Times—July 15
Stand Your Ground laws are perfectly suited to a current conservative worldview, says the Columbia University law professor Jeffrey Fagan. They speak of mistrust of government and its agencies, they privatise public space they promote individualism at its most rugged. He notes that they are an extension of a long history of US citizens using violence as self-help. "Lynchings, riots, civil disobedience, and vigilantism are all expressions of individual or collective action that reject both legal norms and the authority of state actors," he has written.
Similar articles appeared in other outlets, including The Border Mail.
The Los Angeles Times—July 15
They are very much more sensitive to losing face, and they take it much more seriously," said R. Joseph Harte, executive director of Columbia Law School's Center for Korean Legal Studies, who has worked and taught in Seoul.
The American Prospect—July 15
In 2000, James Liebman of Columbia Law School and colleagues published “A Broken System,” a groundbreaking study of every American capital appeal in the 23 years before AEDPA was passed. It found precisely the opposite of what Congress said was needed. In that span, 34 states imposed 5,760 death sentences and executed 313 inmates. Liebman and his colleagues learned that, in almost seven out of every ten cases, a reviewing court decided that the trial court had made a serious, reversible error.
CrimProf Blog—July 15
Tom Tyler, Jeffrey Fagan and Amanda Geller (Yale University - Law School, Columbia Law School and Columbia University Mailman School of Public Health) have posted Street Stops and Police Legitimacy: Teachable Moments in Young Urban Men’s Legal Socialization on SSRN.
WNYC—July 15
On the Brian Lehrer Show, Patricia Williams, a Columbia University Law School professor and columnist for The Nation, analyzed the decision and discussed the reaction -- from protests in New York and Los Angeles to a move by the U.S. Justice Department to relaunch their hate crime inquiry into the matter.
The Telegraph—July 15
Two books by celebrated economists have set the stage for an absorbing growth battle.  Columbia University professor Jagdish Bhagwati and Nobel laureate Amartya Sen want the same end — a better India — but the means they prescribe sound different.
The Washington Post—July 15
John C. Coffee Jr., a professor at Columbia Law School, said the SEC is probably in a “damned if they do, damned if they don’t” situation, in part because Tourre was essentially a salesman and not a high-level Goldman executive. “If it wins, people will say they only went after the office boy, even though there were lots of more high-level people involved with this portfolio,” Coffee said. “If it loses, it’s going to be humiliated.”
WNYC—July 15
Late Saturday night, a Sanford, FL jury found George Zimmerman "not guilty" in the shooting of Trayvon Martin. Patricia Williams, Columbia University Law School professor and columnist for The Nation, analyzes the decision and discuss the reaction -- from protests in New York and LA, to a move by the Justice Department to relaunch their hate crime inquiry into the matter.
Lawfare—July 15
By David Pozen
The United States is pressing hard to get hold of National Security Agency leaker Edward Snowden. But if and when Snowden is apprehended, what then? This question deserves attention, too, because the denouement to this drama may be unpleasant not just for Snowden, but for his captors as well.
National Latino Broadcasting—July 15
w/ Professor Anu Bradford (at the 12:50 mark)
WNYC—July 15
Late Saturday night, a Sanford, FL jury found George Zimmerman "not guilty" in the shooting of Trayvon Martin. Patricia Williams, Columbia University Law School professor and columnist for The Nation, analyzes the decision and discuss the reaction -- from protests in New York and LA, to a move by the Justice Department to relaunch their hate crime inquiry into the matter.
The Atlantic—July 16
At Lawfare, David Pozen, a Columbia Law School professor and former State Department lawyer, points out that even if the U.S. government manages to take Edward Snowden into custody, the Obama Administration will find it unpleasant to prosecute him. "Snowden would no doubt obtain high-powered lawyers," he writes. "Protesters would ring the courthouse. Journalists would camp out inside. As proceedings dragged on for months, the spotlight would remain on the N.S.A.'s spying and the administration's pursuit of leakers." What I found most provocative about the post, however, is the suggestion that the trial's outcome would be in doubt.
The Atlantic Wire—July 16
In a blog post at LawfareBlog yesterday, Columbia University associate law professor and former State Department adviser David Pozen argued that the United States might be better served by not prosecuting Snowden, anyway. Pozen notes that the leak is done, a "sunk cost," and that prosecuting him as a deterrent won't make much more point than forcing Snowden into exile. But the bigger problem is what might happen in court.
Similar articles appeared in other outlets, including Big News Network and Pacific Standard.
Salon—July 16
By Theodore Shaw
In the aftermath of a Florida jury’s acquittal of George Zimmerman on charges of murder and manslaughter, civil rights organizations and ordinary citizens asked the U.S. Department of Justice to pursue charges under federal civil rights laws. In response, a spokesperson for the department said it would “determine whether the evidence reveals a prosecutable violation of any of the limited federal criminal civil rights statutes within our jurisdiction.”
ABC Australia—July 17
w/ Professor John C. Coffee Jr.
Similar clips appeared in other outlets, including BBC World News, and AP TV.
Back to top

July 17-31

Reuters—July 17
Civil cases can involve detailed document discovery processes and interviews that law enforcement agents may not have the time or the resources to do, Columbia University School of Law Professor Daniel Richman said.
This story appeared in other outlets that carry Reuters content, including The Chicago Tribune.
NBC News—July 17
(cites article by Professor David Pozen at 1:55 mark, “What Happens When We Actually Catch Edward Snowden?”)
The Atlantic—July 17
As William Partlett of Columbia University and the Brooking's Institute said about the incident, "The message to other oligarchs was clear: follow the rules or face devastating legal consequences."
A similar story appeared in The National Interest.
William Partlett is an associate in law.
The Christian Science Monitor—July 17
The popularity of the laws reflects growing distrust or lack of faith in government. “Lynchings, riots, civil disobedience and vigilantism are all expressions of individual or collective action that reject both legal norms and the authority of state actors,” writes Columbia University law professor Jeffrey Fagan.
Bloomberg—July 17
“This does show a new regulatory toughness,” John Coffee, a law professor who specializes in corporate governance at Columbia Law School in New York, said in an e-mail. The penalties imposed on individual traders exceed what the U.S. Securities and Exchange Commission does in similar regulatory cases, he said.
This story appeared in other outlets that carry Bloomberg content, including The Financial Post.
CQ Roll Call (subscription required)—July 17
Updated Media Shield Bill Could Run Into DOJ Concerns
One expert on government leaks, David Pozen of the Columbia Law School, said the revised legislation may do more harm than good in terms of protections for the media. “If anything, a media shield bill may prove counterproductive for journalists and for national security reporting,” he said in an email to CQ Roll Call. “
The New Republic—July 17
Columbia Law School professor Patricia Williams informed us of the “violently patrolled historical boundary between black and white in America,” and psychiatry professor Alvin Poussaint told us that interracial dating is still something many “fear.” 
The Washington Post—July 18
Several academics, including former Maine attorney general James E. Tierney, said attorneys general are obligated to scrutinize laws that might be politically popular but legally flawed. “The simple truth is that AG refusal to defend happens all the time,” Tierney, who directs the National State Attorneys General Program at Columbia Law School, wrote in an e-mail.
This article appeared in other publications, including the San Jose Mercury News.
ABC News, Nightline—July 18
w/ Professor James S. Liebman. Groundbreaking five-year study questions whether Carlos DeLuna committed a 1983 murder.

New York Law Journal—July 18
By John C. Coffee Jr.
In a move that appears at once to be shrewd, savvy and largely symbolic, the SEC has modified its longstanding policy that it will not require a defendant to admit or deny liability, or facts that might establish its liability, in a settlement with the SEC. Now, such an admission may be required "when appropriate."
Financial Times (subscription only)—July 18
By Jagdish Bhagwati and Amrita Narlikar
Don’t scapegoat the retail brands, write Jagdish Bhagwati and Amrita Narlikar.
National Post—July 19
“I think what’s taking place is a gradual movement away from the death penalty that now has, by almost any measure, made it into an institution used by a minority of the population in a minority of the counties,” said James Liebman, professor of law at Columbia Law School in New York. “But the counties that are using it are sticking to it, and the question really is how long the majority in the U.S. will continue to be prepared to subsidize the use of the penalty by the minority.”
Associated Press—July 19
"They've opted for the home court advantage," said John Coffee, a securities law professor at Columbia University. Coffee said it is significant that the SEC did not charge Cohen with insider trading. That suggests none of his subordinates "flipped" and told investigators that they provided Cohen with information, he said.
This article appeared in multiple publications that carry AP content, including The Detroit Free Press. Similar articles also appeared in many other outlets, including The Daily News and The Los Angeles Times, and USA Today.
Psychiatric News Alert—July 19
For example, there has been "the steady introduction of a more systematic means of assessment," Paul Appelbaum, M.D., chair of the APA Committee on Judicial Action and a former APA President, told Psychiatric News. "Clinical evaluations have in many settings been supplemented by more systematic data-gathering tools, such as scales for the assessment of symptoms and mental states."
Paul S. Appelbaum is the Elizabeth K. Dollard Professor of Psychiatry, Medicine, and Law
The Guardian—July 19
By Patricia Williams
There's an old tale about a village that existed on the edge of a precipice. Villagers were perpetually tumbling into the abyss, until one day the elders addressed the problem by building a fence. People stopped falling to their doom, and all was well. Indeed, things went so well that the villagers decided the problem no longer existed. So they tore down the fence.
This piece appeared in other outlets, including Today.
Slate—July 19
Oh dear. Thanks to a nonsensical 1984 anti-hacking law, the Computer Fraud and Abuse Act, it may be a federal crime to lie on your online dating profile (not to mention Facebook). As Mother Jones explains in its list of "absurdly outdated Internet laws," the extremely baggy legislation prohibits “knowingly accessing a computer without authorization” and culling information from “a protected computer.” The thing is, “computer” is very loosely defined—as Tim Wu writes in The New Yorker, the Justice Department has interpreted it to mean “just about any Web site.” (Wu was not writing about your OKCupid profile but rather the terrible consequences the law had on Aaron Swartz.)
Bloomberg—July 22
“They are using an Al Capone-style tactic,” said John Coffee of Columbia Law School, referring to the prosecution of the Chicago gangster in 1931 on charges of tax evasion. “The SEC is aiming at his kneecaps, not his jugular,” he said. “This is a little like catching John Dillinger entering a bank with a submachine gun and charging him with double parking.”
The Atlantic Wire—July 22
Last fall, Columbia University's Human Rights Institute tried to assess the accuracy of reports on civilian and militant casualties, finding that "estimates are incomplete and may significantly undercount the extent of reported civilian deaths."
Foreign Policy—July 22
India's two most prominent economists have never really seen eye-to-eye. Amartya Sen, a Nobel Prize-winner and Harvard professor, believes in public interventions to alleviate extreme poverty and reduce inequality while Jagdish Bhagwati, a professor at Columbia and author of the bestselling book In Defense of Globalization, favors a more free-market, growth-first approach.
Similar articles have appeared in multiple outlets.
NACD Directorship—July 23
Another significant shift in opinion came from Ira Millstein, chairman for the Center for Global Markets and Corporate Ownership at Columbia Law School, partner at Weil, Gotshal & Manges, and father of the corporate governance movement. A well-known advocate for the separation of chair and CEO roles, Millstein recently modified his position, explaining in a letter to the editor in The New York Times: “In the evolution of my thinking, I believe that one size should not necessarily fit all, and that if the lead director is strong enough to truly lead the board—as would a separate chairman—it might well serve the same purpose. I would still assert that the separate chairman is clearer in terms of leadership.”
The Washington Post—July 23
“This is the continuation of a an ancient and well-established prosecutorial tradition in the U.S., which dates back to the feds realizing that they could not prosecute Al Capone for murder or bootlegging, and so they instead prosecuted him for tax evasion,” said John Coffee, a professor at Columbia Law School. “I’m very ready to criticize the SEC, but I think this is very technically smart.”
This article appeared in other publications, including the Columbus C.E.O.
NPR—July 23
w/ Professor John C. Coffee Jr.
Forbes—July 24
The collection edited by Frank H. Buckley includes chapters by scholars from top law schools. Being at George Mason University, a university with an unparalleled number of market-oriented economists, Buckley has witnessed and led fruitful dialogues between them and lawyers. It’s not surprising then that several of the authors have ample expertise in the world of think tanks, including the RAND Corporation, Hoover, Mercatus, the Center for Contract and Economic Organization at Columbia University, the Berkeley Program in Law and Economics, and the Freeman Spogli Institute at Stanford.
The Atlantic—July 24
That was the conclusion of Columbia professor of Law and Public Health Jeffrey Fagan in 2007.
European Voice (subscription required)—July 24
Anthony Gardner, who has been nominated by the United States government to be its next ambassador to the European Union, need not look far for expert advice on representing the US in Europe. His father, Richard Gardner, now aged 86, combined a career as a professor at Columbia Law School with a varied career in public service.
CNN Money—July 25
Dan Richman, a professor at Columbia Law School, said the U.S. Attorney's office has painted a "broad picture" of how SAC generated profits from illegal activity, which may in turn cause the government to seek big penalties. "They're seeking not just the profits of criminal activity, but the profits from those proceeds too," said Richman.
Washington Blade—July 25
Suzanne Goldberg, a lesbian and co-director of Columbia University’s Center for Gender & Sexuality Law, said the “pace has been quick, and it’s only getting quicker” with respect to the advancement of marriage equality after the DOMA ruling. “Part of the cascade of change in the direction of marriage equality comes from the power of Justice Kennedy’s decision striking down DOMA,” Goldberg said.
The New York Times—July 25
“As firms go, this is an important one, but it’s no Arthur Andersen,” said Daniel C. Richman, a professor at Columbia Law School and a former assistant United States attorney in the Southern District. If there was risk, it may have been in not bringing a case, Mr. Richman said. “With the drumbeat of queries as to where this case was going, anybody who was watching this would have wondered what had happened if there had been no pursuit of the entity or people,” Mr. Richman said.
Similar articles appeared in other outlets that carry content from The New York Times, including the Omaha World Herald.
Reuters—July 26
John Coffee of Columbia Law School said it would now be less plausible for Halliburton to argue in any litigation between the two companies that it had warned BP about something for which the evidence was destroyed. "This is a zero sum game between BP and Halliburton, particularly when it undercuts (Halliburton's) argument they had an honest theory of why the cement wouldn't hold," Coffee said. "If it's an honest theory, why would you destroy all the evidence?"
This article appeared in many other outlets that carry Reuters content.
The Wall Street Journal (India Real Time)—July 26
A war of words between two of India’s most prominent economists has been dominating the country’s airwaves and newspaper column inches for two weeks. In case you’ve lost track of the debate between Nobel Prize winning economist Amartya Sen and Jagdish Bhagwati, professor of law and economics at Columbia University in New York, here’s a Friday briefing of the confrontation, which has taken on a political dimension in recent days.
Similar articles have appeared in multiple outlets.
Marketplace—July 26
"We can’t put corporations in prison, but they are subject to a variety of reputational penalties," says John Coffee, director of the Center on Corporate Governance at Columbia University. "On Wall Street, if you acquire a stigma, you are essentially out of business."
Similar pieces appeared in multiple print, broadcast, and radio outlets.
NPR—July 26
Yesterday's indictment leaves the future of SAC in question, says Columbia Law School Professor Dan Richman. DAN RICHMAN: An indictment of this breadth and scope is understood by all concerns to be, if not a death knell, a very serious blow.
This piece appeared in many other radio outlets.
The Wall Street Journal—July 26
"Those of us who held this position always knew that one of our missions was to work ourselves out of at least parts of the job," said Matthew Waxman, who in the Bush administration was the first person appointed to the position and now is a professor at Columbia Law School. "The more the U.S. government worked itself out of the detention business in different theaters, the less in principle there would be for that office to do."
Crain's New York Business—July 28
Millions of dollars in independent spending may be thrown at these races, but what will determine each group's success will be the power of their message, said Richard Briffault, a campaign-finance expert at Columbia Law School. "Sometimes the most successful independent expenditures involve very little money," he said. "The famous 'Swift Boat' ads in the 2004 presidential election—they spent almost no money on those ads, but they got a huge amount of publicity. So it might turn on whether one of the messages strikes a responsive chord."
The Bulletin—July 29
“Will any generic firm bother to market a generic version of Asacol, if no doctor is prescribing it any more?" asked Scott Hemphill, a law professor with Columbia University in New York. “The usual path is to take advantage of automatic substitution. But once the product switch has been accomplished, there may be no Asacol prescriptions left to switch."
The Washington Post—July 29
“The attorney general’s plate is full of every kind of legal issue that is presented involving the United States,” said Columbia Law School professor Ted Shaw, a longtime friend of Holder’s. “But enforcing the civil rights laws is near and dear to his heart. And it has been for a long time.”
This article appeared in multiple outlets that carry content from The Washington Post, including The Denver Post.
The Washington Post—July 29
The Senate has confirmed James Comey as the new director of the Federal Bureau of Investigation by a 93 to 1 margin… He left the Justice Department in 2005 and served as a senior vice president and general counsel at the defense contractor Lockheed Martin until 2010. In June 2010, Comey joined Bridgewater Associates, a Connecticut-based hedge fund with $75 billion in investments for clients including universities and foreign governments. Comey left the hedge fund in January and has been teaching national security law at Columbia Law School in New York.
Similar articles appeared in multiple outlets, including The New York Times, USA Today and The Washington Post.
James B. Comey is a Hertog Fellow in national security law, senior research scholar, and lecturer-in-law.
Lawfare—July 30
By Matthew Waxman
At last week’s Senate Judiciary subcommittee hearing, advocates of closing Guantanamo, such as chairman Dick Durbin and Human Rights First president Elisa Massimino, talked about how to close Guantanamo: in particular, by transferring or releasing most detainees to other countries and then moving the remainder into the United States. 
The Daily Beast (Women in the World)—July 31
Well, for one thing, it’s not just women who are leaving private practice, says Suzanne Goldberg, a professor at Columbia Law School and the Director of the Center for Gender and Sexuality Law. “Plenty of people drop out of law practice,” she said. “It can be quite tedious for many years.”
The Jerusalem Post—July 31
By Nathan Lewin
The US Supreme Court announced last Monday that when the justices return from their summer vacations they will tackle a uniquely American church-state constitutional question that they have avoided for 30 years. There is no country in the world where divine guidance is sought as consistently at the inception of governmental deliberations and ceremonial occasions as it is in the United States.
Nathan Lewin is a lecturer.
Bloomberg—July 31
John Coffee, a securities-law professor at Columbia Law School, said Bharara’s view that the government is entitled not only to ill-gotten gains but also to a share of any funds with which those gains have been commingled is flawed. “They are pushing the commingling theory to the limits of its logic and beyond” he said. “The government is stretching the envelope further than it is entitled to. It’s like taking an eyedropper full of tainted chemicals, dropping it into Lake Superior and saying you have to forfeit everything in the lake.”
This article appeared in multiple outlets that carry Bloomberg content.
The Nation—July 31
By Patricia J. Williams
There was a small, crystalline window of time, as I sat waiting for the verdict in the George Zimmerman trial, when it felt as though we were perched between two worlds of possibility.
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