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May 2013

May 1-10

The Street – May 1
Eben Moglen - executive director of the Software Freedom Law Center and Professor of Law and Legal History at Columbia University Law School. He has represented many of the world's leading free software developers. He clerked for Judge Edward Weinfeld of the United States District Court in New York City and for Justice Thurgood Marshall of the United States Supreme Court.
 
Antitrust & Competition Policy Blog – May 1
Scott Hemphill and Tim Wu (both Columbia Law) wrote a very interesting article that was just published in the Yale Law Journal on Parallel Exclusion. It was so interesting that I was able to get a number of people to write up comments on the article. Today we will have a symposium on Parallel Exclusion.
 
The Atlantic – May 2
There are many problems here. Stop and Frisk isn't simply wrong because of the Stop-and-frisk has removed thousands of guns from the city's streets -- but the NYPD detained millions of innocent New Yorkers to find them. A Columbia law professor testified Wednesday that just one gun was recovered for every thousand people stopped from 2004 through June 30, 2012. "The NYPD hit rate is far less than what you would achieve by chance," Jeffrey Fagan said in Manhattan Federal Court.
 
In the Tank – May 2
Tim Wu explains why media oligopolies are as dangerous as monopolies. Andrés Martinez talks to Alfredo Corchado, the Mexico bureau chief of The Dallas Morning News in Mexico City, about Mexico's forward momentum.
 
MarketWatch – May 2
John C. Coffee, Jr., the Adolf A. Berle Professor of Law at Columbia Law School and Director of Columbia's Center on Corporate Governance, in his recent article, "Are shareholder bonuses incentives or bribes?" notes that "special bonus schemes" are the "dark side" of the recent influx of shareholder activism.
 
Similar stories appeared in other publications.
 
HuffPost Students United Kingdom – May 2
Last week the Oxford Union debated the motion 'This House Believes Drone Warfare is Ethical and Effective'. Speaking for the proposition were Benjamin Wittes, senior fellow at the Brookings Institution; Kenneth Anderson, law professor at the American University, and journalist and author David Aaronovitch. Opposing the motion were Chris Cole of Drone Wars UK; Naureen Shah of the Columbia Law School Human Rights Institute, and Jeremy Waldron, legal and political theorist of Oxford and NYU.
 
LegalNews.com – May 3
“Those cases push class certification back, and this case says if a defendant pays up all existing plaintiffs before a district court makes a certification decision, the case is over,” said winning attorney Ronald J. Mann, a professor at Columbia Law School in New York.
 
Antitrust and Competition Policy Blog – May 3
C. Scott Hemphill, Columbia University - Law School and Jeannie Suk, Harvard Law School tell the story of The Fashion Originators’ Guild of America: Self-Help at the Edge of IP and Antitrust.  
 
Money Beat (The Wall Street Journal) – May 2
It might be “appropriate” for the SEC to grant Herbalife a limited exemption from the provision that separates audit and non-audit work if it’s needed to allow the company to secure a new auditor, said John Coffee, a Columbia University securities-law professor.
 
Elements (The New Yorker) – May 3
By Tim Wu
Tom Wheeler, Obama’s nominee to run the Federal Communications Commission, surely has much he hopes to get done. Perhaps it’s freeing up some more wireless spectrum or bringing cell-phone service to Mars—who knows. But chances are (assuming his confirmation goes smoothly) that he’ll end up spending time on different challenges, and a chief candidate is a resurgence of the net-neutrality wars.
 
CrimProf Blog – May 5
Self-Defensive Force Against Cyber Attacks: Legal, Strategic and Political Dimensions, Matthew C. Waxman, Columbia Law School
 
Salon – May 5
The small island nations of the Pacific, meanwhile, are drawing up contingency plans for the complete evacuation of their populations. Assisting them in this work is Columbia University’s Center for Climate Change Law, whose director, Michael Gerrard, recently published a tome indicative of the sweeping changes ahead, called, The Law of Adaptation to Climate Change: United States and International Aspects.
 
PBS NewsHour – May 6
The SEC is considering a proposal to require publicly traded companies to disclose money donated for politics to shareholders -- a conflict to the Supreme Court's Citizens United decision. Ray Suarez hears both sides of the debate from Robert J. Jackson of Columbia University Law School and former SEC commissioner Paul Atkins.
 
The Washington Post – May 6
Basing predictions on many little data points, none of which are material, is a permissible practice often referred to as the “mosaic theory” in industry parlance, said John C. Coffee Jr., a professor at Columbia Law School. “But as a matter of ethical policy, you should have a Caesar’s-wife approach,” said Coffee, who specializes in securities law and white-collar crime. “Stay above suspicion and do not participate in discussions with investors who are clearly seeking to profit from your information.”
 
Lawfare – May 6
By Matthew Waxman and Kenneth Anderson
In recent weeks, a coalition of NGOs launched a global campaign to ban “killer robots,” or fully autonomous weapon systems (see reporting here).  Its statement calls “for urgent action to preemptively ban lethal robot weapons that would be able to select and attack targets without any human intervention.”  We critique that campaign and its empirical and moral assumptions in a recent paper: Law and Ethics for Autonomous Weapon Systems: Why a Ban Won’t Work and How the Laws of War Can.
 
Slate – May 6
By Tim Wu
Welcome to Stranger Than Fiction, a new six-episode podcast from Slate, the New America Foundation, and Arizona State University. Each week, Tim Wu—a Future Tense fellow at New America, the author of The Master Switch, and a professor at Columbia Law School—talks to a contemporary science fiction writer about whether we’re living in the future.
 
William & Mary Law School – May 6
Two William & Mary Law School alumni were elected to new positions on the College of William & Mary’s Board of Visitors during the Board’s spring meeting on April 19. Robert E. Scott J.D. ’68 was named vice rector and Thomas R. Frantz J.D. ’73 was named secretary. They join William & Mary alumnus Todd Stottlemyer ’85, who was elected the College’s new rector.
 
Style Weekly – May 7
So what happens if a state’s top legal officer finds himself too conflicted to do his job? “It’s not all that unusual,” says James Tierney, director of the National Attorney General Program at Columbia University Law School in New York. “Someone else picks it up and once you are out, you are out.”
 
London Evening Standard – May 7
By Philip Bobbitt
If there is one lesson we ought to have learned in the past 10 years with respect to humanitarian interventions, it is that force should be a last resort and, wherever possible, diplomatic solutions should be exhausted first. Right?
 
Al-Bawaba – May 7
In 2012, Katherine Franke, a professor at Columbia Law School, decided to boycott Equality Forum’s 2012 LGBT Summit, which was held in Israel. In her published letter, she said that since 2000, the Shin Bet has had a policy of blackmailing gay Palestinians and “threatening to oust them unless they become informants against their own people.” “For this reason, gay people in Palestine have a reputation as collaborators with Israel—as a result some of the homophobia gays and lesbians in Palestine experience is the direct product of the occupation itself,” she said.
 
New York Law Journal – May 8
By Michael B. Gerrard
Combined heat and power (CHP or cogeneration) is the simultaneous production of electricity and thermal energy from a single fuel source. Most CHP systems in New York City use natural-gas fired turbines or reciprocating engines to generate electricity and then capture heat from the combustion generator's exhaust stream and cooling systems.
 
Lawfare – May 8
By Matthew Waxman
Amid the debate about how legally to handle the Boston Marathon bomber and the President’s recent remarks about closing Guantanamo, Ahmed Ghailani’s appeal was argued today in the Second Circuit. 
 
Salon – May 8
While visa issues meant the Yemeni activist delivered his testimony via video, witnesses testifying in person included representatives from Amnesty International, the Open Society and human rights clinics at both Columbia and NYU Law Schools who have all worked on the ground in areas targeted by U.S. strikes.
 
New York City Bar – May 8
Carol Liebman, Clinical Professor at Columbia Law School, Discusses Mediation Programs at the City Bar Center for CLE.
 
Chicago Daily Law Bulletin - May 9
Nearly 276 years in "judge time" was lost during President Barack Obama's first term due to vacancies on the federal trial bench, Michael L. Shenkman of Columbia Law School said.
 
IPWatchdog – May 9
Commentators have expressed concern about so-called “gene patents” from the beginning.  Perhaps the most popular theory underlying opposition to gene patents is the “tragedy of the anticommons” proposed by Michael Heller in 1998. 
 
Chicago Daily Law Bulletin (subscription required) –May 9
Nearly 276 years in "judge time" was lost during President Barack Obama's first term due to vacancies on the federal trial bench, Michael L. Shenkman of Columbia Law School said.
 
Common Dreams – May 9
Naureen Shah, an academic at Columbia Law School and co-author of several studies on drones, said the ruling increases the pressure on the US to respond to claims of civilian deaths in drones strikes. ‘The US government can’t afford to be silent on civilian deaths any more,’ she said.
Similar stories appeared in other outlets.
 
The Nation – May 9
Naureen Shah, the acting director of the Columbia Law School Human Rights clinic, addressed in her testimony the importance of establishing routine investigations of civilian casualties from drone strikes—both to comply with international law but also to dignify the concerns of local communities. She stressed these investigations must be public and transparent…
 
Council on Foreign Relations – May 10
By Matthew Waxman
Allegations that the Syrian government used chemical weapons against opposition fighters in recent weeks have led many policymakers to call for more assertive U.S. involvement in the country's ongoing civil war. Matthew C. Waxman, CFR adjunct senior fellow for law and foreign policy, highlights three things that the United States must consider in weighing intervention in Syria…
 
Lawfare – May 10
By Matthew Waxman
The New York Times had a story yesterday headlined “F.B.I. Didn’t Tell Boston Police of Warning on Brother”… At one level, this is a story about information-sharing, and is consistent with long-standing and widespread complaints from local law enforcement agencies that sharing with the FBI is too one-way.  It also fits with other after-the-fact reviews of post-9/11 terrorism incidents that conclude that information-sharing or dot-connecting still needs to be much better – though here it’s also about vertical coordination among levels of government rather than the more familiar concerns among horizontal coordination among federal agencies.
 
Lawfare – May 10
By Matthew Waxman
Earlier today I posted a commentary on “Boston Bombings: Local Police and Counterterrorism Intelligence,” based on reported claims that the FBI failed to pass on important threat information to the Boston Police Department, and further reported claims that — if true — this points to a need for greater information sharing. 
 
NPR – May 10
District lines are drawn in ways that not only favor one party or the other, but insulate most incumbents from primary challenges as well. "Once they manage to get in, their districts are effectively uncompetitive," says Richard Briffault, a law professor at Columbia University. "They don't really have to worry about being challenged or critiqued by anyone."
 
Similar stories appeared in other outlets.
 
WYPR – May 10
On today's episode of “The Lines Between Us,” Sheilah Kast talks to two attorneys with long, distinguished careers in civil rights litigation. Ted Shaw is a professor at Columbia Law School in New York, and he was with the NAACP Legal Defense Fund for 23 years, including four as president. Susan Goering has been the executive director of the Maryland branch of the American Civil Liberties Union since 1996.

 

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May 11-17

 Clean Technica – May 11
Jon Wellinghoff (right), chairman of the Federal Energy Regulatory Commission, speaks with Michael Gerrard, director of the Center for Climate Change Law at Columbia University.
 
Dealbook – May 10
Since then a mini-debate has broken out online among law professors over whether these payments are legal or appropriate. Wachtell, which has done battle before with academics over their views in support of shareholders, is now citing two academics who are on its side. The first is John C. Coffee Jr., the Columbia Law School professor, who stated that these “third-party bonuses create the wrong incentives, fragment the board and imply a shift toward both the short-term and higher risk.”
 
VOXXI – May 11
The petition undersigned by members of the Committee on Disclosure of Corporate Political Spending include co-chairs Harvard Law School Professor Lucien Bebchuk and Columbia Law Professor Robert J. Jackson, Jr.
 
USA TODAY – May 12
Richard Briffault, a campaign-finance expert at Columbia Law School, said the IRS has a legitimate responsibility to examine whether organizations that receive tax protections have appropriately limited their political activity. But, as non-profits proliferate, the agency has been pressured to play a larger role in helping to uncover donors who critics say choose to fund social-welfare groups just to hide their political contributions. "If Congress were to develop more effective rules for campaign-finance disclosure … some of this problem would go away," Briffault said. "That doesn't look like it's happening anytime soon."
 
Similar stories appeared in other outlets.
 
Valley News – May 12
We received an hourly update on the toll in Boston, but how many know that our drone strikes in Pakistan have killed an estimated 900 innocent civilians since 2004? An estimated 800 innocent men, women and children have been victims of similar drone strikes in Yemen. These two grim statistics come from the Human Rights Institute at Columbia Law School, which utilizes the research of the Bureau of Investigative Journalism in Great Britain.
 
Room for Debate (NY Times) – May 13
By Patricia J. Williams
I have always believed that affirmative action jurisprudence ought to weigh economic disadvantage. That said, doing away with affirmative action for racial disparity has no necessary correlation to fixing the predations of poverty. For all the hope we seem to place in wealth as cure for racism, American law grants no right of economic equality, no right to be protected against hunger or homelessness. If only.
 
Slate – May 13
By Tim Wu
In the third episode, Wu talks to Margaret Atwood, author of science-flavored dystopian fiction like Oryx and Crake and The Year of the Flood. In 2012, she published In Other Worlds: SF and the Human Imagination, in which she explored science fiction as an author and as a reader.
 
The National Law Journal – May 13
By John C. Coffee Jr.
Shareholder activists are flexing their muscles with a new exuberance this proxy season, running more insurgent slates in proxy contests, stalking larger targets and enjoying a higher rate of success.
 
This article appeared in other outlets.
 
Cooley News & Insight – May 13
Since the original DealBook column, the author notes, legal academics have debated the propriety and legality of these special payments. According to Columbia professor John C. Coffee Jr., "these ‘third-party bonuses create the wrong incentives, fragment the board and imply a shift toward both the short-term and higher risk.'"
 
Dealbook – May 13
Even Ira Millstein, one of the fathers of the corporate governance movement, told me that while he preferred a separation of powers, his view had evolved. “Because of the evolution of a broad consensus on the need for strong board leadership, I now believe that one size may not necessarily fit all. A strong lead director with the same duties as a chair might serve the purpose,” said Mr. Millstein, chairman for the Center for Global Markets and Corporate Ownership at Columbia Law School and a partner at Weil, Gotshal & Manges.
 
Similar stories appeared in multiple outlets.
 
NBC News – May 14
Placing a dollar amount on a life or an injury may sound heartless, but Feinberg, who is rehearsed in hearing victims' stories, brings sensitivity to his work, say those who have worked with him." He's the umpire, the mediator, the resolver," said John C. Coffee Jr., a law professor at Columbia University in New York who has known Feinberg for about 20 years. "He can listen, and he's a people person."
 
Agence France Press – May 14
"It's surprising and concerning to me that they would sweep so broadly in the search of AP phone records," said David Pozen, a specialist in constitutional and national security law at Columbia University. "It certainly seems like an aggressive interpretation of the Justice Department's subpoena policy which has been in place since the 1970s to ensure that prosecutors proceed cautiously and narrowly when engaging the news media in such matters," Pozen told AFP.
 
Similar stories appeared in other outlets.
 
Reuters – May 14
Robert E. Scott, an expert on contracts and commercial transactions at Columbia Law School, said in an email that the U.S. retailers are balancing a desire to seek improvement in Bangladesh against concerns about exposing themselves to liability for safety issues. "Perhaps American firms believe that the risk of collateral liability is too great to estimate," Scott said. "But that's not a contract law issue, that's simply a question of balancing corporate benefits of being seen as a good citizen trying to control these conditions on the one hand with the risk of a possible significant liability on the other."
 
This story appeared in multiple outlets.
 
Elements (The New Yorker) – May 14
By Tim Wu
The federal power to wiretap, a central issue during the Bush years, has made a comeback. The White House seems ready to endorse an expansion of wiretapping laws to give the federal government greater power to demand access to Web communications like Facebook chats. Meanwhile, the Associated Press just revealed that the Justice Department seized, without a warrant, two months’ worth of its reporters’ telephone records.
 
Bloomberg Businessweek – May 14
Columbia University Law School Professor John Coffee discusses activist investing with Trish Regan on Bloomberg Television's "Street Smart."
 
Lawfare – May 14
By Robert Chesney and Matthew Waxman
This Thursday, the Senate Armed Services Committee is holding a hearing which will cover, among other things, the question whether to alter the 2001 Authorization for Use of Military Force.  This is a question that we, Ben, and Jack addressed in a recent paper, which lays out options and recommends a statutory framework that pairs a structure for some possible future force authorizations with a robust set of checks.  We’ve welcomed debate on that paper, and although we acknowledged that the time may not yet be ripe to legislate new authorities, we think it’s important to begin serious deliberation before – not immediately after – the next big crisis.
 
Politico – May15
”This White House, out of concern to distance itself from what was seen as excess politicization of DOJ by the Bush administration, had not engaged DOJ at all on leak cases,” said Columbia University law professor David Pozen, who spent several months conducting a major review of the federal government’s love-hate relationship with national security leaks. ”
 
The Week – May 15
Politico's Josh Gerstein paints a picture of a DOJ intentionally left to its own devices by the president: "This White House, out of concern to distance itself from what was seen as excess politicization of DOJ by the Bush administration, had not engaged DOJ at all on leak cases," David Pozen, a law professor at Columbia University, tells Gerstein. Ultimately, Gerstein says, that hands-off approach "may have encouraged the natural inclination of prosecutors to see leak cases through — with little to check that impulse."
 
Similar articles appeared in other outlets.
 
The Washington Post (Editorial) – May 15
A group of legal experts, including Robert Chesney of the University of Texas, Jack Goldsmith of Harvard, Matthew Waxman of Columbia and Benjamin Wittes of the Brookings Institution, has proposed that Congress consider revising the AUMF to authorize presidents to designate emerging al-Qaeda affiliates that pose a threat to the United States as covered by the force authorization.
 
Herald Mail – May 15
Barack Obama has been more intent on plugging leaks than past presidents, notwithstanding his promises of greater transparency. Critics note that in his first term, he prosecuted twice as many leakers as all previous presidents. Small numbers can deceive, though. The total number of prosecutions under him is six. According to Columbia University law professor David Pozen, that number amounts to 0.3 percent of the leaks referred to the Justice Department for possible criminal action.
 
This article appeared in multiple outlets, including The Chicago Tribune.
 
Law360 (subscription required) – May 15
Anger over cuts to legal services budgets boiled over in New York City on Wednesday as unionized attorneys representing low-income clients went on strike, ripping their managers — also lawyers — in an ugly dispute experts said would cost the city and state far more than the $8 million at issue if the dispute wears on… "It ultimately costs society more money when we don't address problems at an early stage," said Columbia University law professor Conrad Johnson, the former top attorney at the Harlem office of the Legal Aid Society of New York City. "When we turn our backs on people, for example, who need help keeping an apartment — and they are evicted — we all pay more."
 
Daily Herald –May 16
On the contrary, several studies have actually linked adult sentencing with higher rates of recidivism among youthful offenders. For instance, a study conducted by Columbia University's Jeffrey Fagan found that juveniles processed in the adult system for a robbery offense were approximately ten percent more likely to be rearrested after release compared to similarly situated juveniles whose cases were handled in the juvenile system.
 
New York Law Journal – May 16
By John C. Coffee Jr.
This is the season for report cards and grades. The securities laws are enforced by the plaintiff's bar and the U.S. Securities and Exchange Commission. How well are they doing? What grades do they deserve?
 
The Village Voice – May 16
Still, few women report the sexual harassment they experience for fear of retribution--though we're guaranteed the right to a safe work environment, and the Supreme Court has recognized that the psychological damage caused by sexual harassment can violate the law, according to Suzanne B. Goldberg, a director and professor at Columbia University's Center for Gender and Sexuality Law.
 
Business Standard – May 16
Indians, a well-known economist once claimed, are argumentative people. Economists, by and large, are also a species that loves a good wrangle. Indian economists are thus, by descent and disposition, the most combative of human beings. As proof, for such an assertion requires proof, I present India’s Tryst with Destiny, the new book by the prolific pair of Jagdish Bhagwati and Arvind Panagariya, which puts the word “debunking” in its subtitle and doesn’t look back thereafter.
 
The National Law Journal - May 16
By Vivian Berger
No area of law presents such intractable human problems as domestic relations, especially when a child is involved. Only rarely do federal judges need to deal with custodial issues. But currently the U.S. Supreme Court is considering a case that pits the interests of a white, would-be adoptive couple, to whom a Latina biological mother surrendered her baby girl at birth, against those of the natural father and his Cherokee tribe. Adoptive Couple v. Baby Girl, No. 12-399.
 
Bloomberg – May 17
CommonWealth’s incorporation in Maryland helped its cause as the state has a reputation as friendlier to management than shareholders, said John Coffee, a professor at Columbia University Law School. Delaware, where about 60 percent of Fortune 500 companies are incorporated, wouldn’t be likely to uphold mandatory arbitration or Dead Hand provisions, he said in a phone interview.  
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May 17-31

  

Concurring Opinions – May 17
By John Duffy, Peter Strauss and Michael Herz
Earlier this year, more than 100,000 citizens petitioned the White House to overturn a copyright rule issued by the Librarian of Congress that made unlocking a cell phone a crime.  The White House responded by promising to seek legislation to overturn the Librarian’s rule. 
 
Mercury News – May 17
In the vast majority of day-to-day cases facing states, attorneys general will defend a new law or agency action without question, said James Tierney, director of the National State Attorneys General Program at Columbia Law School. But for the small group of controversial cases, "there's a higher rule, especially on a moral issue that the attorney general may have campaigned on,' Tierney said.
 
The Hill – May 17
By Naureen Shah and Tarek Ismail
Last month’s tragic attack on the Boston marathon leaves us wanting answers — not just about why it occurred, but why we failed to prevent it. One tempting answer is that the FBI could have prevented the Boston attack if it had more power and fewer legal encumbrances.

Naureen Shah is associate director of the Human Rights Institute’s Counterterrorism and Human Rights Project and acting director of the Human Rights Clinic. Tarek Ismail is the Institute’s Counterterrorism and Human Rights Fellow.
 
Roll Call – May 20
 Even if the department is unequivocally found to have violated its own rules, however, some legal experts say that the AP would have limited legal options in response. “The guidelines are purely a creature of executive discretion,” said David E. Pozen, a First Amendment expert and professor at Columbia Law School and the author of a forthcoming paper about government leaks. “No congressional statute or Supreme Court decision requires that the Justice Department adhere to them.”
 
NPR – May 20
But, says Columbia University professor Matthew Waxman, the Yemeni solution is not without risks. "I think the president would need to make a difficult policy call about transferring large numbers of detainees to Yemen," said Waxman, who worked on detainee affairs for the Pentagon during the Bush administration.
 
Forbes – May 20
“They don’t want us to pick up the newspaper, see an `unnamed senior government official’ quoted and immediately think that’s the White House trying to spin,” said David Pozen, a Columbia Law School professor and former State Dept. official who studies the dynamics of leaks. “When I read the paper and see an anonymous source cited, I don’t know whether that’s approved or not.  That’s helpful to the administration.”
 
Bloomberg Businessweek – May20
That Cohen would ponder a deferred prosecution agreement suggests the 56-year-old billionaire sees it as unlikely that he could fight criminal insider-trading charges and continue to run a hedge fund. Prosecutors, who have already linked at least nine current or former employees to insider trading while at SAC Capital, probably wouldn’t accept an agreement that lets Cohen off the hook, said John Coffee a professor at Columbia University School of Law.
 
Similar articles appeared in other outlets.
 
CQ Roll Call – May 20
Laws against misleading Congress are “sweeping,” said Daniel Richman, a former federal prosecutor who teaches at Columbia University Law School. Still, “professional prosecutors know they have to exercise real care and judgment in venturing into the area,” Richman said. “It can easily get out of hand with criminal cases being used or perceived as tools of the political process.”
 
PBS—May 21
w/ Professor Jamal Greene
Lawfare – May 21
By Robert Chesney and Matthew Waxman
On Thursday, President Obama will be giving a major address on national security and counterterrorism, styled as a companion to the 2009 National Archives address.  That 2009 speech adopted a pragmatic approach blending a renewed emphasis on criminal prosecution and closure of Guantanamo with an embrace of the continued use of military detention and military commissions (albeit somewhere other than Guantanamo) in those instances in which those tools are both lawful and the best available option.
 
This article also appeared as an op-ed in Council on Foreign Relations.
 
SCOTUSblog – May 21
By Ronald Mann
I previously have written that the argument in Sebelius v. Cloer presaged a likely defeat for the Solicitor General. Justice Sotomayor’s opinion yesterday firmly rejecting the government’s position was exactly what you would have expected based on the argument.
 
Black Voice News – May 21
Historically, Black lawyers argued many of the cases involving racial justice and civil rights at the Supreme Court, but times have changed. Ted Shaw, a law professor at Columbia University, said that Black lawyers need to take a closer look at the civil rights cases that are making their way to the Supreme Court. For more than 20 years, Shaw served as one of the top lawyers for the NAACP Legal Defense and Educational Fund. He said that even though so-called reverse discrimination cases have recently dominated high-profile civil rights cases heard by the court, people of color still need to weigh-in.
 
Similar articles appeared in other outlets.
 
MSNBC – May 21
Obama also announced that Nathaniel Persily, a professor at Columbia Law School who has generally been skeptical of voting restrictions aimed at combating fraud, will be the commission’s senior research director.  
 
Bloomberg Businessweek –May 21
Columbia University Law School Professor John Coffee discusses Steve Cohen's SAC Capital woes with Deirdre Bolton on Bloomberg Television's "Money Moves."
 
Courthouse News Service – May 21
The parties also wrestled over police officer's so-called "hit rate" for finding weapons, drugs or contraband during a stop. Analysis by Columbia University Professor Jeffrey Fagan found that 12 percent of 4.3 million stops between 2004 and 2012 resulted in a seizure of a weapon, a statistic that the judge said
"trouble[d]" her.
 
The Wall Street Journal – May 21
Thomas Merrill, a professor at Columbia Law School who has studied the public trust doctrine, agrees the city can't transfer a public park into private use without permission of the state Legislature. Still, he added: "The law is kind of murky here, so in many ways it would depend on the judge you get."
 
Slate – May 21
The problem is that the action moved offshore. Apple set up empty subsidiary offices in Ireland because it could. Or even because it should, as a sensible way to save money, as Derek Thompson argues in the Atlantic. I wouldn’t go that far. But I take the point that Columbia law professor Michael Graetz made to me over the phone: “If you have a lot of income and a lot of good tax advice, the code is so broken that your opportunities for reducing taxes are higher than they are if you’re just earning your wages and paying your home mortgage and raising your children.”
 
Similar articles appeared in other outlets.
 
The Jerusalem Post – May 22
By Nathan Lewin
Do American prisons provide kosher diets for inmates who profess to be observant Jews? Most Israelis – and probably nine of 10 Israeli judges – would instinctively assume that they do.
 
Nathan Lewin is a lecturer-in-law at the Law School
 
The New York Times – May 22
John C. Coffee Jr., a professor of corporate law at Columbia University, said American companies generally faced a higher risk of litigation than overseas competitors, largely because the court systems differ significantly. Unlike the system in the United States, courts in Europe generally prohibit class-action lawsuits, do not allow contingency fees for lawyers who win cases and require losing parties to pay legal fees for both sides. Those policies often discourage lawyers and plaintiffs from filing lawsuits.
 
Similar articles appeared in other outlets.
 
Financial Times (subscription required) – May 22
"There is little risk of collateral financial damage with SAC, and there are no widows and orphans involved," says John Coffee, a professor at Columbia University Law School.
 
Epoch Times – May 22
Experts have discussed drone use by the United States for the last several years. Here are some thoughts: -Robert Chesney, the Charles I. Francis Professor in Law at the University Texas School of Law and Matthew Waxman, law professor at Columbia Law School (on the Lawfare blog)
 
Lawfare –May 22
By Matthew Waxman
Yesterday, Bobby and I wrote this post about what the President could say in his speech tomorrow on counterterrorism, and we highlighted as one important element the President’s repeated pledges of greater transparency on targeting.
 
RH Reality Check – May 22
By Nancy Northup
You made a promise to the women of the United States last year on the campaign trail—and just a few weeks ago, you said it again: “As long as we’ve got to fight to make sure women have access to quality, affordable health care, and as long as we’ve got to fight to protect a woman’s right to make her own choices about her own health, you’ve got a president who’s going to be right there with you fighting every step of the way.”
 
Nancy Northrup ’88 is a lecturer-in-law.
 
The New York Times (opinion) – May 22
Nathaniel Persily, a law professor and political scientist at Columbia, summed up the situation in an e-mail to The Times: “The greatest impact of lobbying is the most difficult to calculate: namely, preventing legislation from ever getting to the floor.”
 
China Daily – May 23
Columbia Law School Professor Alexandra Carter first visited Beijing in 1996 as a college student. She didn't make it back to the capital city until last week to lecture law students at Peking University…Carter spent a week in Beijing thanks to a memorandum of understanding that Columbia Law School Dean David Schizer and Peking University Law School Dean Zhang Shouwen signed earlier this month to expand opportunities in an already existing partnership. The idea is to try to create a framework that allows deepening of collaboration between Chinese scholars and American scholars working on common issues," said Benjamin Liebman, Robert L. Lieff professor of law and director of the Center for Chinese Legal Studies at Columbia.
 
Similar articles appeared in other outlets.
 
NPR – May 23
According to the New America Foundation, which tracks drone attacks, there have been a dozen drone strikes in Pakistan so far this year. Three years ago, in 2010, there were 10 times that many. The president is also expected to focus on the Guantanamo Bay Prison. The president promised to close it in 2009, but it's been harder to do than he expected. But there are options. MATTHEW WAXMAN: Any practical alternative to Guantanamo probably would have to involve two major elements.
 
The Guardian – May 23
John Coffee, Adolf A Berle professor of law at Columbia University, said judges were increasingly unhappy with DPAs. "There is a serious disconnect between judges and prosecutors about whether prosecutors are doing anything meaningful," he said.
 
Similar articles appeared in other outlets.
 
Harvard Business Review – May 23
I just hope we don't react to the sensationalism of these issues in an immoderate and wrong-headed way but rather in a way that addresses root causes. Then, again, one can never underestimate inertial tendencies in Washington today (see Columbia Law School fellow Andrew Stern's comments at a panel beginning at 40:30).
 
Andrew L. Stern is the Ronald O. Perelman Senior Fellow at the Richard Paul Richman Center for Business, Law, and Public Policy.
 
Boulder Weekly – May 23
Jacob Meyer, a staff lawyer with the National State Attorneys General Program at Columbia Law School, disagrees. He co-authored a 2011 study on state and local enforcement of labor law which warned that lack of meaningful enforcement is leading to a “regulatory race to the bottom” among states attempting to attract business. “It directly undermines those employers who abide by the law,” Meyer says.
 
Jacob E. Meyer is a postdoctoral research scholar for the National State Attorneys General Program.
 
Amsterdam News – May 23
CCR’s expert witness, Professor Jeffrey Fagan, and one of the city’s experts, Robert Purtell, made appearances to duke it out over statistical methods. In addition to direct and cross-examinations by attorneys, Judge Shira Scheindlin herself had many questions for the two experts.
 
Wired – May 24
“You can imagine where the project would reach a point where it became threatening to declassifiers and make them more reticent to use redactions, as opposed to not releasing the documents in the first place,” says David Pozen, a Columbia law professor who specializes in government secrecy, has worked on secrecy issues for the State Department, and has closely followed the creation of The Declassification Engine. “That’s the potential perverse consequence of this work.”
 
Politico – May 24
“Leak investigations are very difficult to cabin once set in motion,” said Columbia law professor David Pozen, who recently completed a major review of how leaks take place and how they’re prosecuted. “Once set in motion, they can have all kinds of unintended consequences. They can lead to people you didn’t expect, to fallout for administration, and lead to tactics that are themselves problematic. … A lot of surprising twists and turns can follow.”
 
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BBC News – May 24
Matthew Waxman, professor at Columbia Law School and former Department of Defense adviser on detention issues, sees it as a more international issue. "During that time, the view was that violent instability in Yemen made returning detainees too risky," he said. "There was little confidence that the Yemeni government would be able to mitigate any continuing threat that the returned Guantanamo detainees would pose."
 
Business Standard – May 25
Jagdish Bhagwati senior fellow at Council on Foreign Relations (CFR) and Arvind Panagariya, Columbia University professor, in a new book, have demonstrated how growth was the strategy successfully deployed to reduce poverty in India.
 
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The New York Times – May 25
Of the thousands of leaks that have played a crucial role in the ebb and flow of public discourse over the years, only about a dozen resulted in criminal charges against those accused of disclosing the information, according to David Pozen, a law professor at Columbia University.
 
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Financial Times – May 26
As pressure increases on companies to disclose where they distribute their campaign dollars, four schools – the Stern School of Business at New York University, the Wharton School’s Zicklin Centre for Business Ethics Research at the University of Pennsylvania, Baruch College’s Zicklin School of Business, New York and the Ira Millstein Centre for Global Markets and Corporate Ownership at Columbia Law School, New York – have come together to address the topic.
 
Al Jazeera – May 26
By Naureen Shah
In a major address on national security a few days ago, President Obama at last found his voice on the issue of drone strikes. He rejected endless war and secret killings. He admitted that drones are no cure-all for terrorism.
 
Naureen Shah is a lecturer-in-law and associate director of the Counterterrorism and Human Rights Project at the Human Rights Institute.
 
The Wall Street Journal – May 27
"As soon as the SEC suggests it's going to look at this in terms of the numbers of words, lawyers will be more loquacious," said John Coffee, a law professor at Columbia University.
 
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The New Yorker (subscription required) – May 27
The plaintiffs’ key witness was Jeffrey Fagan, a criminologist and statistician, and a professor of law at Columbia, who has spent much of the past decade scrutinizing the city’s vast database of stop-and-frisk reports.
 
MIT Technology Review – May 28
Despite the threats to net neutrality, the fact that any FCC regulations exists at all will limit how far ISPs and carriers will push the matter, says Tim Wu, the Columbia Law School professor who coined the term “net neutrality” 10 years ago. “Groups around the world are grinding away at net neutrality regulation, sometimes within reason, sometimes just to weaken or defeat the legal regime,” he says. “But the most important thing about net neutrality is the norm, and how strong it is.”

Arise America – May 28
The Roma, also known as Gypsies, numbering 2-5 million in Europe, have been forced to wage a fight against school segregation. Roma school children are being separated from their white peers. Parents of these children have enlisted the help of veteran civil rights attorneys to aid in the fight. Columbia Law School professors Jack Greenberg and Theodore Shaw join us to discuss this issue.
 
Notice and Comment – May 28
Meet Gillian E. Metzger, the Stanley H. Fuld Professor of Law and Vice Dean at Columbia Law School. Below, she discusses her longstanding enthusiasm for administrative law, as well as her insights about current issues facing practitioners.
 
Reuters – May 29
Supporters of state attorneys general like James Tierney, director of the National State Attorneys General Program at Columbia Law School, say that state actions are "philosophically different" from private class actions because they are concerned with more than just restitution. They could be seeking, say, reforms of the conduct at issue." The state cases are government enforcement actions," Tierney said. "A state doesn't necessarily get into a case to maximize the amount of money available to consumers the way a class action lawyer would."
 
Politico – May 29
Members of the POLITICO Pro health care team discuss the Supreme Court's pending ruling on "reverse payment" settlements and what's at stake for the industry and consumers. Special Guests:Scott Hemphill, Professor of Law, Columbia Law School
 
MedPage Today – May 29
But Scott Hemphill, law professor at Columbia Law School in New York City, said that most settlements -- the factor to which Neas attributes the 18-month drop in exclusivity -- come against weaker, sham patents and not the drugs' primary patent.
 
WNYC – May 29
And while researchers say this trend is irreversible, only 21 percent of those polled said working mothers with small children was a good thing for society. Suzanne Goldberg, co-director of the Center for Gender and Sexuality Law at Columbia University, said those attitudes reflect the “stickiness” of gender roles and a discomfort with how people thought their lives would be.
 
The Washington Post – May 29
Michael Graetz, a tax expert at Columbia Law School, is considerably more keen on consumption taxes than Huang, having proposed a plan to eliminate the income tax for people making under $100,000 and make up the revenue with a value-added tax (VAT). But he points to a potentially bigger problem with Nunes’s plan: It may be illegal.
 
NPR – May 29
NPR has learned that former Justice Department official James B. Comey is in line to become President Obama's choice as the next FBI director, according to two sources familiar with the search.
 
James B. Comey is a Hertog Fellow in national security law, senior research scholar, and lecturer-in-law.
 
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Rolling Stone – May 30
So what rules, if any, do apply to U.S. drone killings in Pakistan? "We still don't know what rules apply to CIA strikes within 'active hostilities,' which seems to include the AfPak border," says Naureen Shah, lecturer-in-law at Columbia Law School. "What's troubling is that the CIA has never yet confirmed that it considers itself bound by international law, and it hasn't explained its standards for preventing civilian deaths."
 
Naureen Shah is associate director of the Human Rights Institute’s Counterterrosim and Human Rights Project and acting director of the Human Rights Clinic.
 
The New York Times –May 30
The former Justice Department official, named by President Obama to lead the Federal Bureau of Investigation, prosecuted Martha Stewart and stood up to President George W. Bush.
 
James B. Comey is a Hertog Fellow in national security law, senior research scholar, and lecturer-in-law.
 
The National Law Journal – May 30
James Comey's legal career spanned the top ranks of the U.S. Department of Justice, from leading the U.S. attorney's office in New York City to running day-to-day operations as the No. 2 lawyer at Main Justice… Earlier this year, Comey joined Col­umbia Law School as a senior research scholar in national security law… Daniel Richman, a Columbia Law School professor who worked with Comey in the U.S. attorney's office for the Southern District of New York, viewed descriptions of Comey as someone tied to Wall Street are silly. "Government service and public service have been in his blood his entire life," Richman said, adding that those who know him have been waiting for the time when he would return from the private sector.
 
James B. Comey is a Hertog Fellow in national security law, senior research scholar, and lecturer-in-law.
 
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Health Policy Newsstand (subscription required) – May 30
The Supreme Court's decision could affect the future biosimilars market, Scott Hemphill, a professor of law at Columbia Law School, said during a PoliticoPro Healthcare briefing on the issue.
 
SNL Financial – May 31
A couple of recent federal court rulings have essentially put the last nail in the coffin of citizen groups' bid to file climate change public nuisance lawsuits against fossil fuel energy producers, according to legal expert Michael Gerrard. "I think the global warming public nuisance cases are essentially history," said Gerrard, director of the Center for Climate Change Law at Columbia Law School and senior counsel at Arnold & Porter LLP.
 
 
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