From 2006 to 2009, Jim Liebman built and operated a comprehensive performance management system in our nation’s largest public school district… Since leaving the NYCDOE, Liebman has returned to Columbia Law School where he directs the Center for Public Research and Leadership, which immerses students from a variety of professional schools in public education improvement strategies.
Here, too, the state courts have been aggressive defenders of profligate government, shredding the new fiscal protections. As Columbia law professor Richard Briffault observes, “State courts appear quite sympathetic to the goals of many programs that would be curbed by fiscal limits.”
On the night of June 9, 2006, three detainees died at Guantánamo Bay Naval Base. A subsequent investigation by the Naval Criminal Investigative Service (NCIS) concluded that they had hanged themselves in their cells.
If Icahn had launched a formal tender offer, it would have triggered a different standard of disclosure rules under the SEC's 1968 Williams Act, said John Coffee, an expert in corporate governance at Columbia Law School.
Similar articles appeared on CNN and in USA Today.
"I think these are tough calls for attorneys general because the usual approach is to defend all of the state's laws. That's the job description," said Suzanne Goldberg, who heads Columbia University's Center for Gender and Sexuality Law… The decision not to defend a state law is a "difficult and rare circumstance, but almost every attorney general has done it at some point," said James Tierney, director of the National State Attorneys General Program at Columbia Law School.
"There's nothing better than those recordings," says Jennifer Rodgers, a former federal prosecutor who now heads Columbia Law School's Center for the Advancement of Public Integrity. "There's nothing you want more than a defendant in his own voice committing a crime. That's the best."
Before seeing the proposed rule, Michael B. Gerrard, director of the Center for Climate Change Law at Columbia University, said reducing carbon emissions in the U.S. by 20 percent or more is a big step, but the country will still be quite a ways away from reducing CO2 emissions enough to effectively curb climate change.
“It’s difficult for any state with a Republican governor or legislature to support cap-and-trade,” said Michael Gerrard, director of the Center for Climate Change Law at Columbia University in New York.
In the seminal 1999 cultural manifesto “No Logo,” the writer Naomi Klein pronounced that corporations were now in the business of selling brands, rather than products. Whoever “produces the most powerful images, as opposed to products,” she wrote, “wins the race.”
As usual, New York State budget season created controversy: Gov. Cuomo shut down the Moreland Commission, which he had created nine months earlier to investigate Albany’s corrupt culture and figure out how to fix it. That decision attracted heat in no small part because the commission’s top idea — comprehensive campaign finance reform, including public financing of elections — was left out when the governor and legislative leaders made their final budget deal.
The legal action attracted great interest in the environmental law and insurance industries, said Prof. Michael Gerrard, director of the Center for Climate Change Law at Columbia Law School in New York City. “It was regarded as bold and ambitious,” he said, “and an uphill climb.”
Similar stories appeared on NBC News and ClimateWire.
We learned on Monday that the Justices made short shrift of an issue that has preoccupied the Federal Circuit for many years. The case involves the vexing problem of two-party infringement: a patent extends to a method, and no individual defendant executes all the steps of the method, though the activities of two businesses as a whole do execute all steps of the method.
“This case is presented as about individual liberty,” said Richard Briffault, a law professor at Columbia who filed a brief supporting the city. “In many ways, it’s much more about the ability of administrative agencies to use modern regulatory techniques, which include trying to shape consumer behavior in healthier ways.”
Note: in addition to Prof. Briffault, staff of the Center for Constitutional Governance spoke to the press about the soda ban.
“The question they should be asking is why does the SEC allow co-location?” said John Coffee, a frequent witness before Congress on securities-law matters who’s a professor at Columbia University in New York. “When you pay a lot of money to the exchange in exchange for location, you get the exchange’s loyalty and they favor you.”
New York 1—June 6
NY1 Online: Professor Discusses History of Minor Parties
In the wake of a wild Working Families Party convention in which Governor Andrew Cuomo had to work hard to win the third party's nomination, Columbia Law School Professor Richard Briffault joined Inside City Hall to discuss the history of minor parties in the state and how they evolved into their present form.
According to an recent and extensive review of the “coordination” ban by Columbia Law School professor Richard Briffault, the term means “transmission of information between the candidate and the group with respect to the campaign’s strategies, messages, or needs [emphasis added]”. The obvious way for both parties to steer clear of this line is to stay off the phone with each other, and a cautious lawyer would probably advise them not to advertise their communications.
Even though the long feature was full of technical details (regarding mergers, America's place in global Internet rankings, and the intricacies of Internet law), almost nobody has been able to find fault with any of Oliver's facts. Indeed, Tim Wu, the law professor who coined the term net neutrality, posted on Facebook that Oliver's explanation rendered all previous explanations “obsolete.”
The regulations that the U.S. Environmental Protection Agency unveiled on Monday envision a June 2016 deadline for states to present an implementation plan, but a state that joins the RGGI or a similar program could receive a two-year extension to submit a complete plan, according to Columbia Law School professor Michael B. Gerrard.
The Delaware Riverkeeper Network, the New Jersey Highlands Coalition and the New Jersey Sierra Club argued the decision-making process did not take into account other natural-gas expansion projects seeking approval at the same time in New Jersey, according to the litigation. The court agreed, and sent the plan back to FERC to reconsider those other pipelines, in addition to the other evidence.
Susan Kraham, a lecturer and senior staff attorney for the Environmental Law Clinic, represented the petitioners in the case.
Similar articles appeared in other outlets, including Lexology, The News Journal, and NorthJersey.com.
Caitlin Hayden’s statement last week on “why it was lawful” to exchange five Taliban prisoners held at Guantanamo for Sergeant Bergdahl, “notwithstanding the notice requirement in Section 1035(d) of the FY14 NDAA,” has triggered the latest interpretive crisis of the Obama presidency.
Most discussion of economic and financial sanctions focuses naturally on the imposition of them. As Peter Feaver and Eric Lorber point out in a new Foreign Affairs article, an equally important strategic issue is unwinding or relieving them.
David Pozen has a fascinating new article in the YLJ, titled “Self-Help and the Separation of Powers,” and an explanatory post at Just Security, titled “Interpretation and Retaliation in the Obama Administration.” David’s article, in short, argues that when Congressional intransigence prevent the President form enacting his policies, Chief Executives resort to a form of self-help through creative interpretation of the existing law, and his own Article II powers.
“If this were the only effort they made at that time to contact him, having it be so public could be seen as an aggressive move,” said Daniel C. Richman, a criminal law professor at the Columbia University School of Law.
The state attorneys general can press an investigation more quickly than their federal counterparts, former Maine Attorney General Jim Tierney said today in a phone interview… Tierney is the director of the National State Attorneys General Program, an education and policy center at Columbia University in New York. He said it’s completely appropriate that states’ top legal officers would investigate GM for reasons of road safety and consumer protection law compliance.
Because, the reasoning went, Simpson was "let go" because there were nine black jurors and Simpson himself was black. But that's faulty reasoning, says Patricia Williams. She teaches at Columbia Law School, and some of her classes deal with the intersection or race and the law. She thought the prosecution did, in her words, a "wretched" job of presenting its case.
Harvey Goldschmid, a law professor at Columbia University and a former member of the S.E.C., is a trustee of the group that oversees the international board, and the S.E.C. takes part in the governing board. He has voiced fears that if the Americans are forced out, the quality of international standards could deteriorate and the ability to enforce them consistently could diminish.
A discussion immediately following the June 19 screening will be moderated by Post technology reporter Cecilia Kang and feature director Brian Knappenberger and Columbia Law and New America Foundation Fellow, Tim Wu.
Columbia Law is taking big steps toward strengthening its Program in the Law and Economics of Capital Markets, and it’s doing so with the help of a very good friend. On June 4, the school received a three-year grant from the NASDAQ OMX Educational Foundation, which will fund the advancement of the program by supporting the production of a seminal treatise on capital markets regulation and the development a more comprehensive website… The program is directed by three seasoned scholars, Professors Merritt B. Fox, Lawrence R. Glosten, and Edward F. Greene.
Lawrence Gloston is a professor at Columbia Business School. Edward Greene is a lecturer at the Law School.
The Cato Institute held a Book Forum June 5 featuring Columbia University Law School Professor Philip Hamburger discussing his book Is Administrative Law Unlawful?, with commentary by Stephen Williams, senior circuit judge for the U.S. Court of Appeals for the District of Columbia Circuit.
Teachout, a Fordham law professor who also worked on Howard Dean’s failed presidential bid, will run alongside Tim Wu, a Columbia law professor known for his advocacy of net neutrality, as her lieutenant governor, they said in the joint interview.
This story was also picked up by many other outlets, including the New York Daily News and the Wall Street Journal.
Professor John Coffee, an expert on securities regulation who teaches at Columbia University School of Law, said in an e-mail that Stein was right on target in her remarks, and added that he believes some of the delay around money market fund reforms comes from too much attention paid to the mutual fund industry, where many players do not want to see a rule change made that would force more funds to "float" net asset value share price.
"The commission was not given the time to accomplish what it was charged with doing," said Richard Briffault, a Columbia Law School professor who served on the commission. "None of the investigations had time to be completed."
Columbia University law professor Scott Hemphill also raised concerns that the exclusivity approach could spur higher drug prices. At the hearing, he suggested the MODDERN Cures Act include a more narrow and targeted definition of unmet medical needs. Otherwise, he said, the bill could provide a "windfall" for many drugs that would have been developed even without the additional exclusivity.
Separately, a group of state attorneys general, including New York Attorney General Eric Schneiderman and Florida Attorney General Pam Bondi, is investigating the delayed GM recalls, according to their spokesmen. More are expected to follow suit, said James Tierney, the former Maine attorney general and the director of the National State Attorneys General program at Columbia University.
The courts may change that thinking. Michael Gerrard, director of the Center for Climate Change Law at the Columbia Law School, sees a future littered with professional malpractice claims against architects and engineers who design buildings that can't withstand predictable effects of climate change.
Judge Jed S. Rakoff of the Federal District Court in Manhattan sent shock waves through the legal and financial establishments in November 2011 when he rejected a proposed $285 million settlement between the Securities and Exchange Commission and Citigroup… John C. Coffee Jr.,a professor at Columbia Law School, called the ruling a “perfunctory” opinion and said it was a mystery to him why it took the court more than a year to write it.
“The situations are very different,” said Michael A. Rebell, a professor of law and education practice at Columbia University’s Teachers College. “Even if the California Supreme Court were to uphold the constitutional position, somebody bringing a similar case in New York would have to deal with a very different set of facts.”
The Obama Administration’s recent announcement that it plans to regulate greenhouse gas emissions from existing coal-fired power plants
evoked cries of protest and warnings of economic doom from the political right, and praise from the center and the left.
Hardly anyone saw net neutrality becoming a household topic this year, let alone a campaign issue. But somehow it has. The law professor who invented the term [Tim Wu] is running for New York lieutenant governor alongside Democratic primary candidate Zephyr Teachout, a law professor at Fordham University, who is running for governor.
Numerous other outlets picked up this story, including the Associated Press and Capital New York.
How to not give up. Theodore M. (Ted) Shaw will model that attitude for fellow legal educators and law students, beginning in July, as director of the Center for Civil Rights at the law school of the University of North Carolina at Chapel Hill. "It seems to me we have no choice," he says from New York, where he is a professor of professional practice in law at Columbia University.
“However, the court did not ask about the DSM-5 definition of intellectual disability in oral arguments,” said former APA President Paul Appelbaum, M.D., the Dollard Professor of Psychiatry, Medicine, and Law at Columbia University College of Physicians and Surgeons.
[Tim] Wu, the Columbia Law School professor who coined the term “net neutrality,” has provided some of the most eloquent and timely arguments for the open internet, and has spearheaded an intelligent, engaged conversation in a series of New Yorker posts and in countless other articles, interviews, and TV appearances.
That may all be true, but Philippa Loengard, assistant director at Columbia Law School's Kernochan Center for Law, Media and the Arts, says Bonvicini will have a tough time convincing a U.S. court that Sulphur Springs has infringed upon her intellectual property.
But differences in California and New York’s courts may complicate any potential legal action, said Michael Rebell, a law professor and executive director of the Campaign for Fiscal Equity at Columbia’s Teachers College. “I think the New York Court of Appeals historically has been more cautious on these policy-making issues than the California Supreme Court.”
Mr. C. Scott Hemphill, a Professor of Law at the Columbia University Law School, argued that, under FDA’s definition of an “unmet medical need,” many products that would otherwise have sufficient market forces, and would otherwise be approved by the Agency, would prevent generic competition.
Paul Appelbaum is Dollard Professor of Psychiatry, Medicine, and Law at Columbia University. He offered a similar take: "Most police officers have frequent contact with people with mental illness, but have minimal training in recognizing the symptoms and assessing when they should be taken to a clinic or emergency room for further evaluation.”
Scott Hemphill, a law professor at Columbia Law School, said he agrees there is “a serious question over whether the rules are too complex to manage, or to anticipate strange, unusual, and unfortunate consequences that result from them.”
“We cannot pass the burden of invisibility to yet another generation of our girls of color,” organizer Kimberlé Williams Crenshaw said in a press release. “When we see the challenges they face and actually listen to what they say, how can anyone who loves our daughters as much as our sons say, ‘No, you must wait.’
"The court could not have been clearer that sexual relations between consenting adults is permissible," said Suzanne Goldberg, a law professor at Columbia University who specializes in gender and sexuality.
“Ironically, though, [Former Defense Secretary Donald] Rumsfeld is now remembered for launching large, decade-long wars, but his main agenda on retaking the Pentagon helm was transformation of the military toward leaner, smaller, special forces combined with high-tech air power as opposed to major boots on the ground,” said Matthew Waxman, a former deputy secretary of defense in the Bush administration and law professor at Columbia University.
The New York Times—June 19
“There is a rule requiring presentment without unnecessary delay,” said Daniel Richman, a Columbia University law professor and former federal prosecutor. “That said, sanction for violation is unlikely to be dismissal of the charges, and at most the suppression of statements made during the period of unnecessary delay.”
Columbia Law professor Tim Wu — credited with coining the phrase “net neutrality” — will push back on Wright, arguing that the FTC is not equipped to address the non-economic concerns around net neutrality, like free speech and innovation. “For the agency to safeguard the open Internet would be to make it an agency dedicated to the protection of speech, innovation and non-economic values,” he wrote.
Professor Wu’s testimony was picked up in numerous outlets, including Politico, Roll Call, and U.S. News & World Report.
According to Tim Wu, the Columbia Law scholar who's running for New York lieutenant governor, an unfavorable ruling for Comcast from the PSC could force the company to reassess the merger and come at it with a different approach.
As Columbia Law School Dean David Schizer, in an interview with the Financial Times, points out: “You want the people who run the organization to think like lawyers; and you want the lawyers to think like people who run the organization.” This, he argues, “should inform how the law is taught because graduates often end up not as practicing lawyers but running businesses.”
It also creates a national security exception that could negate the reason for passing it in the first place. And as scholar David Pozen argued, it’s possible the bill “may amount to more media subpoenas.”
Supreme Court Justice Sonia Sotomayor: ‘We’re Going Backwards’
“We’re going backwards, with the rising cost of education,” Sotomayor said to Theodore Shaw, a longtime friend and former head of the NAACP Legal Defense Fund. “There’s a lot more kids, and I’m not talking just about kids of our background, but kids across the spectrum who no longer have a hope of attending the schools we did.”
Professor Shaw’s conversation with Justice Sotomayor was also picked up by McClatchy and SCOTUSBlog.
A book by Professor James Liebman of Columbia University Law School titled “The Wrong Carlos” describes the story of Carlos DeLuna, a Corpus Christi man who was executed for the murder of a convenience store clerk. The actual murderer was almost certainly Carlos Hernandez. The subtitle of Liebman's book captures the story: “Anatomy of a Wrongful Execution.”
"Fatca is an ambitious effort to root out wealthy U.S. taxpayers hiding money offshore and put an end to tax evasion as a profitable line of business for banks," says Michael Graetz, a Columbia University law professor and former top U.S. Treasury Department official. "But U.S. authorities need to make an effort to avoid catching innocent middle-class citizens in its net."
"All I've seen in terms of real lobbying work, except for signing one lobbying letter, has been little tech - the little guys, which makes sense because they live and die by net neutrality," said Tim Wu, the Columbia University professor who coined the term "net neutrality."
"The Supreme Court put EPA on a leash but not in a noose," said Michael Gerrard, director of Columbia University's Center for Climate Change Law. "It reaffirmed that EPA can regulate greenhouse gases, but it can only go so far in reinterpreting the statute," Gerrard said.
John Coffee, a professor at Columbia Law School, called the decision "essentially a Pyrrhic victory for plaintiffs." "Plaintiffs dodged the bullet on the fraud-on-the-market doctrine being overturned, but defendants have gained a measurable advantage," said Coffee, a Law Journal columnist.
Spectacle and Surveillance (Columbia Law School): Taught by visiting professor Bernard E. Harcourt, the course takes on the ripped-from-the-headlines issue of surveillance but with a postmodern spin. “Spectacle and surveillance have been central tactics in the production of political power since at least the early modern era, when the pageants of the Sun King, Louis XIV of France, were accompanied by the spies of Cardinal Richelieu,” says the description. Students will examine the “dialectical pairing of spectacle and surveillance as modes of image power.”
Daniel Richman, a professor of criminal law at Columbia University, said Mr. Tang’s stunt also embarrassed the government, occurring as Mayor Bill de Blasio has vowed to reduce traffic deaths this year. That Mr. Tang, who ran a red light and broke other traffic rules, posted his wild ride on YouTube, thus inviting copycats, only made it harder for prosecutors to treat the incident lightly, he said.
The New York Is Home Act, which would grant about three million noncitizens living in New York a broad range of rights, like voting in state and local elections and the ability to serve on juries, is a flawed bill.
Ted Ruthizer is a lecturer. He also discussed this topic in Bloomberg Businessweek.
Copyright, while meant for creators, is always in danger in becoming the incumbent-protection-act for the media industries. Yes, the law is clearly supposed to benefit authors of all kinds, artists, composers, and filmmakers, a noble purpose. But long experience has shown that it can also be used as a tool for protecting existing business models, like our current pay-TV system driven by NBC, Fox, and CBS, and their distributors, like Comcast and Time Warner Cable.
Shortly after we filed our case challenging the Defense of Marriage Act, my client Edie Windsor was asked what it felt like to be a plaintiff suing the federal government. Edie, who grew up in a middle-class household after the Great Depression, said it was one thing to be "out" as a lesbian but another thing entirely to be the "out lesbian who happens to be suing the United States of America."
But according to Suzanne Goldberg, the director of Columbia Law School's Center for Gender and Sexuality Law, the Supreme Court will likely wait to see what happens in other circuit courts, where a number of other cases concerning state same-sex marriage bans are moving through the system, before taking on the issue itself.
John C. Coffee Jr., an expert on corporate governance at Columbia University, suggested that the board might have been patient with Mr. Charney until the company’s fortunes were sagging. “The combination of being a virtual outlaw and losing money is not a combination which you can persist with for long,” Mr. Coffee said.
Professor Coffee’s commentary was also picked up in Slate.
By Sara Haviva Mark, GillianE. Metzger, and Richard Briffault
Big Soda just had a big day in Albany. The New York Court of Appeals on Thursday struck down the Portion Cap Rule -- the New York City Board of Health regulation supported by both Mayor Bloomberg and Mayor de Blasio -- that sought to limit servings of sugar-sweetened beverages to 16-ounce cups in fast-food restaurants, movie theaters, and sports stadiums.
Sara Haviva Mark is executive director of the Center for Constitutional Governance
David Pozen, an associate law professor at Columbia University who studies leaks, said the government’s next move in Mr. Risen’s case could signal a tipping point in how it pursues these prosecutions. “If they let Risen go,” Mr. Pozen said, “it would suggest that however else they try to bring these criminal-leak cases going forward, journalists will largely be shielded.”
Forty-years-and-counting after the era of wide ties and long hair, the U.S. is facing a pile of new laws and regulations, many of which are being woven into laws left over from years past. That’s a big problem, says Michael Gerrard, director of the Center for Climate Change Law at Columbia Law School in New York, who has practiced environmental law since 1979. In the eyes of Gerrard, what lawmakers are trying to with the spate of new proposals to address climate change is paramount to attempting to sync an iPad with a Commodore computer.
Until now, the courts had held that the efficient-markets hypothesis meant that such public statements automatically affected market prices, John C. Coffee Jr., a Columbia law professor, said in an interview. “The court ruling could make it easier for companies to get cases dismissed at an early stage,” he said. “And it is likely to make it much more expensive for plaintiffs — for investors — to file suit.”
While some abortion-rights advocates have said that Thursday’s decision could impact similar regulations around the nation, Columbia Law professor Suzanne Goldberg feels those concerns are overblown, particularly for statutes — like Englewood’s — that are more limited than the one in Massachusetts. “I don’t think the decision necessarily means the end to smaller buffer zones in Englewood or anywhere else,” Goldberg said.
In 1913, the 16th Amendment to the Constitution “empowered Congress to impose an income tax, and it quickly did do,” wrote Michael J. Graetz, now a Columbia Law School professor, in a 1997 book on the income tax.
Companies now will be allowed to show at an early stage that the alleged fraud, typically contained in a public misstatement that improperly inflated the stock price, didn't have an impact on what investors bought or sold. That is a significant difference, said John Coffee, a securities-law professor at Columbia University. Plaintiffs "dodged a bullet," he said, but the outcome inflicted "a flesh wound" and could reduce the size of some settlements.
But the ramifications, whether intended or not, are sure to be broad, said Katherine Franke, a professor at Columbia University Law School. The court, she said, granted the right to religious individuals to bring their religion into a secular context.
Said Suzanne Goldberg, professor at Columbia Law School: "The Hobby Lobby decision is narrower than it might have been, but it also leaves a lot of questions unanswered, including whether for-profit companies will be able to avoid anti-discrimination laws and other health care provisions."
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