April 2014

April 1-15

Global Finance Magazine—April Issue
Critics now range from staunch free-trade advocates, such as Columbia University economics professor Jagdish Bhagwati, to labor-friendly economists, such as Dean Baker of the Center for Economic Policy and Research, a Washington, D.C., think tank.
New York Law Journal—April 1
Santiago-Monteverde was represented by attorneys Ronald Mann, a professor at Columbia Law School and Kathleen Cully, a bankruptcy solo practitioner.

Mother Jones—April 1
"The first amendment is there for a reason," says Michael Gerrard, director of the Center for Climate Change Law at Columbia University. "I think that imposing criminal penalties for anti-scientific views would be a step in a very dangerous direction."
The New York Times—April 1
I asked Jagdish Bhagwati, a professor of economics at Columbia and an expert on international trade, for a different perspective on the impact of rapid growth in India and China on households in the United States. Bhagwati countered with two points.
The Wire—April 1
But since "misoprostal" and "misopristol" aren't actually real drugs, we wondered if these misspellings might render the law unenforceable. Columbia's abortion law expert Carol Sanger told The Wire that probably that's unlikely. "To be 'vague' so that a law is unenforceable, it has to be really unclear so people can't know if they are breaking the law or not," she says. "This looks more like a regrettable typo ... I don't think it will work."
Fox Business Network—April 2
Columbia Law School’s John Coffee on concerns over the impact of high-frequency trading.
USA Today—April 2
"If I did not like the soft-money ban, I would be in court with that challenge," said Richard Briffault, a Columbia Law School professor. "This is a green light for that lawsuit."
The New Statesman—April 2
For [Kimberlé] Crenshaw, a law professor at UCLA and Columbia, intersectionality theory came about specifically to address a particular problem. “It’s important to clarify that the term was used to capture the applicability of black feminism to anti-discrimination law,” she says.

NY1—April 2
NY1 VIDEO: Columbia Law School Professor Richard Briffault joined Inside City Hall to discuss the Supreme Court's decision to overturn a portion of a decades-old campaign finance ruling and what impact it could have on elections here in New York.
AJIL Unbound—April 2
By Bruce Rashkow
Since the creation of the United Nations, the need for the Organization to enjoy immunity from the jurisdiction of Member States has been widely recognized as necessary to achieve its important and far ranging purposes.
Bruce Rashkow is a lecturer.
Bloomberg BNA—April 3
Justice Stephen G. Breyer pressed Ronald J. Mann of Columbia Law School in New York, the attorney for John Dudenhoeffer, the plan participant representing the class, for an example of a case in which a trustee was found to have breached its duties by failing to act on inside information.
The Des Moines Register—April 3
Suzanne Goldberg, director, Center for Gender and Sexuality Law at Columbia University Law School: My sense is that the targeting and ouster of judges who ruled in favor of marriage equality was a serious, and perhaps embarrassing, loss for Iowa. Outside the state, the recall effort reinforced marriage equality advocates' commitment to justice, even knowing that justice sometimes comes at a high cost.
The New York Times—April 3
“You have to realize how novel that is — the possible use of criminal liability because of safety violations,” said John C. Coffee, a Columbia law professor who is a specialist in white-collar crime and director of the university’s Center on Corporate Governance.
Professor Coffee’s commentary was picked up in the Los Angeles Times.
SCOTUSBlog—April 3
By Ronald Mann
Little noticed before the graceful display of collegial disagreement in the announcements of McCutcheon v. Federal Election Commission on Wednesday morning, the principal topic on this blog for the last two days, Justice Alito started the proceedings on Wednesday with his announcement of the peculiar oddity of a unanimous opinion in a preemption case — Northwest, Inc. v. Ginsberg.
The Huffington Post—April 4
New York Raises the Bar on Rising Tides
Con Edison's original post-Sandy resiliency plans were deemed inadequate by Columbia Law School's Center for Climate Change Law. But Michael Gerrard, the Climate Center's director, was gratified to find that Con Edison was receptive to constructive criticism: "Con Edison is run by engineers; they speak math. We came in with a quantitative presentation about climate projections, and they quickly grasped how this really could affect their system reliability."
The Harvard Crimson—April 4
[Columbia Professor Philip C.] Bobbitt said that despite disagreements on the topic, he feels that everyone can agree that these are terrible weapons that have the power to inflict awful destruction. “The question is, what is the surest way to protect not just our people, but the people of the earth?” he said.
Bloomberg—April 4
“Bank examiners are gentlemen, and they do gentlemen’s hours and make appointments in advance,” said John Coffee, a professor at Columbia University School of Law. “They don’t do surprise visits unless there’s a suspicion.”

Yes! Magazine—April 4
The term has evolved since Kimberlé Crenshaw, a law professor at UCLA and Columbia University, first coined the term in a legal article published in 1989. In the article, she tried to contextualize a 1964 lawsuit against General Motors, in which five black women sued for discrimination.
Yale Daily News—April 7
Columbia Law School Dean David Schizer LAW ’93 said that although law clinics in general are a “wonderful way for students to get a certain kind of experience,” each student has his or her own priorities and interests. Hence, the exact preparation they require will vary.
Market News International—April 7
A subcommittee of the House Financial Services Committee will hold a hearing Wednesday at 10 a.m. ET on how to enhance capital formation for small companies. Witnesses include David Burton, senior fellow at the Heritage Foundation, John Coffee Jr. from Columbia Law School, Brian Hahn, chief financial officer from GlycoMimetics representing the Biotechnology Industry Organization, and Tom Quaadman, a vice president with the U.S. Chamber of Commerce.
Oil & Gas Journal—April 8
Thomas W. Merrill, Charles Evans Hughes Professor at Columbia University’s Law School, noted that while one legal theory suggests that infusions of outside capital from outside interests can influence states’ environmental rules, regulation at this level is most effective, except when it comes to potential interstate environmental impacts.
“If you have something with transboundary implications, it theoretically should be federally regulated,” Merrill said.
The Wall Street Journal—April 8
Yet many believe the government's pursuit of SAC has been less than a complete success. John Coffee, a law professor at Columbia University, called the criminal settlement a "mixed and somewhat muted victory." "Prosecutors have undoubtedly broken SAC as a major force on Wall Street, but they have not sent Mr. Cohen to prison," Mr. Coffee said.
The New Republic—April 9
By Tim Wu
Over the last 5 years, the Web has witnessed a dramatic degree of centralization and standardization. That mostly has made life simpler and easier. With accounts at just, say, Apple, Google, Amazon and Facebook, you can now do almost anything you might like.
Bloomberg—April 9
“The indictment against SAC reads like it was drafted to hammer home what a compliance failure looks like,” said Daniel Richman, a Columbia University Law School professor and former federal prosecutor.

Reuters—April 9
John Coffee, a professor of law at Columbia University, called this measure the "most radically deregulatory" plan of the seven being discussed, and estimated it could effectively block the SEC from reviewing the offerings of roughly two-thirds of publicly-listed companies.
The Washington Examiner—April 9
Columbia Law School professor John Coffee, a witness at Wednesday’s hearing, warned that the lawmakers were moving toward a second JOBS Act “without any serious evaluation of the impact” of the first. “On balance, the JOBS Act may have had only modest impact, and the proposals that are being considered today will likely have less,” he said.
The Deal Pipeline—April 10
"That's a poor allocation of the SEC's resources," Columbia Law School professor John Coffee told reporters after testifying at the hearing. "It's a fairly radical step to deny the SEC's staff any opportunity for a preoffering review of the securities to be issued by most companies. Probably two-thirds of the New York Stock Exchange would be over $250 million."

The New York Times—April 11
Daniel C. Richman, a professor at Columbia Law School, also said he did not expect any action to be taken against Mr. Greenwald and Ms. Poitras by the authorities, not because he couldn’t imagine a situation where prosecutors could compel their testimony in a case against Mr. Snowden but because they would be “very sensitive to the First Amendment values” involved and decide not to.
The Poughkeepsie Journal—April 11
“I think it did some useful groundwork in the beginning, and I think more could have been done,” said Richard Briffault, a Columbia Law School professor who served on the commission.
The Christian Science Monitor—April 11
Larry Johnson, a former UN assistant-secretary-general for legal affairs, says that in 1947 Congress unilaterally added a separate section to the headquarters agreement stipulating that nothing in the accord should be construed as “diminishing … or weakening the right of the United States to safeguard its own security.” But even Congress excluded the UN “headquarters district” from this “national security” exception to the obligation to grant visas to designated diplomats, says Mr. Johnson, now an adjunct professor at Columbia Law School in New York.
The Wall Street Journal—April 11
Private equity executives’ record take home pay last year may reignite the debate over the way their share of investment profits is taxed. “At the moment, they are benefitting from a very significant subsidy from the U.S. Treasury because the bulk of the value of their labor created isn’t taxed as ordinary income,” said Robert Jackson Jr., an associate professor of law at Columbia Law School.
PBS—April 12
Columbia Law Professor Gillian Metzger discussed alleged “debtors’ prisons” on the PBS Newshour.
Main Justice—April 14
Columbia Law Professor Daniel Richman said he doesn’t expect the two probes to interfere with one another. “There’s enough corruption to go around,” said Richman, a former federal prosecutor in the Southern District of New York who teaches criminal law and procedure
CNBC—April 14
Richard Briffault, a campaign finance expert at Columbia Law School, said he could see no obvious legal complications for the super PAC, provided that it didn't raise money from foreign citizens or companies.
The Huffington Post—April 14
As Jeffrey Fagan, Professor of Law at Columbia Law School, stated, "Anyone who says we know [what] is bringing the crime rate down is really making it up."
National Journal—April 14
"More transparency almost always helps in fighting sex discrimination and other forms of discrimination because it exposes what the employer is doing," Suzanne Goldberg, director of the Center for Gender and Sexuality Law at Columbia University, told ABC News at the time.
Chicago Sun Times—April 15
Bernard E. Harcourt, the Julius Kreeger professor of law and political science at the University of Chicago, who is also currently the Stephen and Barbara Friedman visiting professor of law at Columbia Law School, senses that a “disruption of the old gang structure” may be responsible for the current surge of violence in Chicago.
Giga Om—April 15
Unlike cases about issues like abortion or campaign finance, there is no clear track record that show where each Supreme Court Justice stands on the issue. The one exception may be Justice Ruth Bader Ginsburg, who is known as a copyright hawk, and whose daughter, Columbia law professor Jane Ginsburg, has written an article critical of the lower court’s Aereo ruling that it is cited in the broadcasters’ Supreme Court brief.
The New York Times—April 15
Larry D. Johnson, an adjunct professor at Columbia Law School who was the United Nations deputy legal counsel from 2006 to 2008, said numerous clashes ensued over the years between the organization and host over the visa issue.
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April 16-30

City Journal—Spring 2014
Though most states have laws or constitutional restrictions on borrowing, governments (and their financial advisors) have found ways to sidestep them. At least two-thirds of all municipal borrowing in the $3.5 trillion market now takes place outside the scope of debt limits, according to an estimate by Columbia University law professor Richard Briffault. He calls these transactions “non-debt debt.”
Balkinization—April 16
By Jessica Bulman-Pozen
How should we understand American federalism today? Amidst dysfunction in Washington, the prompt of this Symposium—“Federalism as the New Nationalism”—might suggest the states are now in charge not only of their own affairs but also of the governance of our country as a whole, our nationalism no more than what individual states make it.

Forbes—April 16
In particular, I would not be surprised to see an uptick of interest in Michael Graetz’s tax plan to combine a much narrowed income tax with a broad-based consumption tax. The Graetz plan would fundamentally revamp the income tax as it’s existed for the past half century or more. Indeed, it would return the levy to its historical origins as a rich man’s burden.
The Assam Tribune—April 17
Reacting to a report of the Columbia Law School, Tata Tea has clarified that it is concerned about the issues raised by the report and is committed to determining the facts with regard to these allegations, and will recommend necessary actions based on these facts.

The Financial Times—April 17
I find [Jagdish] Bhagwati upstairs, squished behind a corner table by the window. He’s smartly dressed in a dark suit with a turquoise tie and greets me warmly in a crackly, slightly high-pitched voice that combines traces of his Indian, English and American experiences. He has lived in America on and off for 50 years and is now professor of economics, law and international affairs at Columbia University.
The New Yorker—April 17
By Tim Wu
Everyone knows about the big Internet scams: the e-mails advertising diet pills, the proposed Nigerian bank transfers. But we tend to overlook the milder forms of truth-stretching that have come to shape online living, and it’s hard not to.
The Street—April 21
John C. Coffee of Columbia Law School said Dorsey could not serve as an as an officer of two technology sector competitors without "extraordinary provisions to in effect blindfold him." He, however, noted no current conflicts of interest if Square is in fact on the selling block.
The Washington Post—April 21
Under the proposal, regulators would surgically apply new rules on Internet providers that otherwise could only be imposed on phone companies. And with that, the FCC could solve some of the thorniest issues surrounding net neutrality, according to a paper co-written by Columbia Law scholars Tim Wu (who coined the term "net neutrality") and Tejas Narechania…. "We've been looking at this modern art painting the wrong way," Wu said in an interview. "We just have to take the thing, turn it upside down and it's simple."
Mint—April 21
If justice someday prevails, and Jagdish Bhagwati (my great guru) is finally awarded the Nobel Prize in Economics, it will mark a shamefully belated recognition for the most important international trade economist of his generation—that generation falling between Bertil Ohlin and James Meade, who shared the prize in 1977, and Bhagwati’s student, Paul Krugman, who won solo in 2008.
The Washington Blade—April 21
Suzanne Goldberg, co-director for Columbia University’s Center for Gender & Sexuality Law, said she’s read the Becker book and faulted Becker for not telling the Prop 8 story in a way that better shows its place among other contributions to the marriage movement. “I think the Perry case was, along with other cases, legislative and community-based advocacy, influential in shaping the marriage equality movement,” Goldberg said.
The Nation—April 21
But the plan, which was designed without input from climatologists, was far from comprehensive, prompting Columbia University environmental law professor Michael Gerrard to formally intervene with the Public Service Commission. Gerrard asked the PSC to require Con Ed to rewrite its plan so that the city’s power grid could survive a number of other climate-related threats besides flooding. “We said, ‘Lots of other warming-related things could happen—such as an extreme heat wave—and Con Ed should be prepared for those, too,’” Gerrard says.
The Wall Street Journal—April 22
Judges Consider What Defines Insider Trading
Daniel Richman, a professor at Columbia Law School, said that because of the statute's ambiguity, most of the law concerning insider trading had been set by the courts, calling the tolerance for this "remarkable."
CFR—April 22
Professor Matthew C. Waxman participated in a panel discussion regarding the future of the controversial Guantanamo Bay prison.
New Haven Register—April 23
Robert Ferguson’s new book, “Inferno: An Anatomy of American Punishment,” tells the tale of our love of systemic cruelty far better than I can… Lest you doubt that punishment pleases, Ferguson, a Columbia University law professor, quotes no less an authority than St. Thomas Aquinas: “In order that the happiness of the saints may be more delightful to them and that they may render more copious thanks to God for it, they are allowed to see perfectly the sufferings of the damned.”
NPR—April 23
Professor Ted Shaw discussed the U.S. Supreme Court’s ruling in Schuette v. Coalition To Defend Affirmative Action.
The New Republic—April 23
Secrecy is also impossible to maintain in today's media environment. The executive branch “leaks like a sieve,” wrote Columbia law professor David Pozen.

Valor Economico—April 23
‘Government Must Step Aside to Make Room for Private Credit’
Chairman of the Israel Securities Authority from 2008 to 2011, Law Professor at Columbia University in the United States, and one of the main international guests at Cetip's 1st Fixed Income Conference to be held on May 14th in São Paulo, Israeli Zohar Goshen sees a serious obstacle to development of the domestic corporate bond market: the Brazilian government, which absorbs a significant part of the national savings by issuing public debt with high interest rates, and at the same time, provides subsidized loans to businesses through BNDES.
NPR—April 24
Tim Wu, a law professor at Columbia University, coined the phrase "net neutrality." He discusses how the Federal Communications Commission's proposed changes could affect the average consumer.

The New Yorker—April 24
By Tim Wu
In 2007, at a public forum at Coe College, in Iowa, Presidential candidate Barack Obama was asked about net neutrality. Specifically, “Would you make it a priority in your first year of office to reinstate net neutrality as the law of the land? And would you pledge to only appoint F.C.C. commissioners that support open Internet principles like net neutrality?”
Professor Wu’s commentary was picked up by other outlets, including CNN, Boing Boing, and the Christian Science Monitor.
Lawfare—April 24
Planted leaks accomplish many of the same goals of official selective disclosures and are subject to many of the same criticisms. [Columbia Law School Professor] David Pozen has argued, forcefully, that revealing minimal information about the purpose and nature of the drone program through ostensibly unauthorized leaks would enable the administration to signal its respect for the law without being compelled to disclose more.
Reuters—April 24
Eben Moglen, a Columbia Law School professor and attorney who represents many open-source software projects, said he believes there are six to 10 such open-source software. "The process of keeping software secure is constant. It never stops," said Moglen, whose clients include the group of OpenSSL developers.
DNA India—April 25
For the first time addressing his potential role in a Modi government, Jagdish Bhagwati, known as the most famous living economist never to win a Nobel prize, told Reuters he saw himself on an external council advising the prime minister. "I'd be glad to chair something like that, and I think that's what they might do," Bhagwati said.
The Harvard Gazette—April 25
“Global Climate Change and U.S. Law,” which I produced with my colleague at Columbia Law School, Michael Gerrard, will be published next month by the American Bar Association. We intend it to be the most authoritative and comprehensive guide to the broad variety of statutes and regulations that currently address climate change in the U.S.

The New York Times—April 28
“One lawsuit started it with Marge, and then people started piling on,” said [Robert] Kheel, a lecturer at Columbia Law School. “That’s part of Silver’s problem. He might know all the facts about this incident, but he has to be concerned about others.”
Nature—April 28
According to James Liebman, a lawyer at Columbia Law School in New York City who was not involved in the study, the statistics suggest something of a paradox. Often a convict is lucky enough to have his death sentence commuted to life in prison, by a state governor for example, because of lingering doubt about his guilt. But because fewer people with life sentences are exonerated, Liebman says, “that luck will be bad luck because there's a lesser change of having that error discovered.”

Psychiatric News—April 28
“My first impression is that it is a document written by someone or some group with little or no contact with psychiatry, with psychiatric disorders, or psychiatric treatment,” said former APA President Paul Appelbaum, M.D., the Dollard Professor of Psychiatry, Medicine, and Law at Columbia University College of Physicians and Surgeons. Appelbaum helped draft the APA/WPA reply to the UNHRC.

SCOTUSBlog—April 28
By Ronald Mann
Limelight Networks, Inc. v. Akamai Technologies, Inc., mercifully brings to a close the Supreme Court’s year-long session on patent law, which has featured five substantive patent-law cases in the last three months of the Term. The issue in Limelight has preoccupied the Federal Circuit for the last several years, and it comes before the Court in a long-standing, high-stakes dispute over Internet technology.
Associated Press—April 29
The study is the first to use solid and appropriate statistical methods to address questions of exoneration or false convictions, an important subject, said Columbia Law School professor Jeffrey Fagan, who also is a professor of epidemiology at the Mailman School of Public Health.
The New York Times—April 29
Daniel Richman, a former federal prosecutor and a Columbia University law professor, said the first step toward a deal is hiring someone like Mr. Cacheris — “a lawyer whom the government can trust and has familiarity with.”
Reuters—April 29
"The reason this is so important is that the idea that a pill can be used to stop an activist investor has never been approved," said Robert Jackson, a law professor at Columbia University. "Whichever way the court rules will have lasting implications for the corporate landscape."
SCOTUSBlog—April 29
By Ronald Mann
The Court on Tuesday morning issued the first two opinions from its February sitting, Octane Fitness v. Icon Health & Fitness and Highmark v. Allcare Health Management Systems.  Those opinions resolve the twin patent cases on the topic – dear to the concerns of law firm partners but perhaps a little too boring for  ordinary dinner-table conversation – of when prevailing parties can recover attorney’s fees in patent cases.
Pittsburgh Post-Gazette—April 30
"The practical [effect] is if a district judge now decides that litigation is abusive, [the] circuit can't really do anything about it," said Ronald Mann, professor of law at Columbia University, an expert in commercial law. Under the old standard, it was nearly "impossible to [win] fees and expect to get it affirmed on appeal," Mr. Mann said. "The standard is much lower now."
The Times of India—April 30
Jagdish Bhagwati, counted among the top economists globally, has endorsed Narendra Modi's Gujarat model of development but says BJP has got its priorities wrong in shutting the door on FDI in multi-brand retail. In an e-mail interview, Bhagwati tells TOI there is a need to open up the economy.
The Wall Street Journal—April 30
"We need to have some experience with [equity crowdfunding] before we take away the safety net," said John Coffee Jr. , a securities law professor at Columbia University. "This is a new and dramatically different procedure with a high potential for fraud."

The Washington Post—April 30
Despite extensive research on the question, criminologists have been unable to assemble a strong case that capital punishment deters crime. "We're very hard pressed to find really strong evidence of deterrence," said Columbia Law School's Jeffrey Fagan.
State of the Markets—April 30
The FHFA settlements have been much higher value, like 10-to-1, than cases brought by the Department of Justice and Securities and Exchange Commission, Columbia Law School professor John C. Coffee tells Benzinga, because the FHFA used private counsel on a type of contingency fee basis to bring the case. When bringing such complex cases with the intention of being able to try them, “You need 40 or more lawyers assigned to the case,” Coffee explained.

The Huffington Post—April 30
Katherine Franke, a professor at Columbia Law School who recently helped launch a project to research the increased use of religious exemption claims in courts, sees this trend as evidence of the momentum of the gay rights movement. "This is plan B," she said. "Plan A was defeating the same-sex marriage movement in the courts and legislatures, and they've lost that battle. So Plan B is to turn to religion: You can have your laws, they just don't apply to me."
Corporate Crime Reporter—April 30
This decision did not sit well with seasoned SEC watchers like Columbia Law Professor John Coffee. “At a time when the rest of the federal government is beginning to get tough on banks that commit crimes, the SEC is in effect saying that it will not let a little thing like a federal felony conviction inconvenience a major bank,” Coffee told Corporate Crime Reporter.

Of Special Note: Announcing Gillian Lester
On April 23, Columbia University President Lee Bollinger announced that Gillian Lester, currently acting dean of the University of California, Berkeley, School of Law, will become the fifteenth dean of Columbia Law School, effective January 1, 2015.
Media coverage included:
San Jose Mercury News—April 23
UC Berkeley acting law school Dean Gillian Lester has taken the top post at Columbia University's law school, Columbia President Lee Bollinger announced Wednesday. Lester will take over as dean of Columbia's law school on Jan. 1, Bollinger said.

National Law Journal—April 23
The next dean of Columbia Law School will be Gillian Lester, now the acting dean at the University of California, Berkeley School of Law, where she has taught since 2006.

New York Law Journal—April 24
Gillian Lester, an employment law and policy expert who is the interim dean at the University of California, Berkeley, School of Law has been named the next dean of Columbia Law School.
The Faculty Lounge—April 24
Professor and Acting Dean Gillian Lester of UC Berkeley Law has been named the next Dean of Columbia Law School.  She began teaching at UCLA Law in 1994 and moved to Berkeley in 2006.

The Wall Street Journal—April 24
Gillian Lester, a professor of employment law and policy at University of California at Berkeley’s law school and its acting dean since last year, is heading across the coast to replace David Schizer as Columbia’s dean.
JD Journal—April 24
Lee C. Bollinger, the president of Columbia University, announced that Gillian Lester will be appointed as the fifteenth dean of the Columbia Law School. The appointment takes effect on January 1, 2015, according to a release from the school.
Bloomberg—April 25
Gillian Lester, the acting dean of the University of California, Berkeley, School of Law, will become Columbia Law School’s new dean on Jan. 1.  “Professor Lester brings accomplished scholarship, admired teaching and first-hand academic leadership experience at a great peer institution to her new role,” Lee C. Bollinger, New York-based Columbia University’s president, said in a statement.

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