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February 2015

February 1-15


The New York Times—February 2
Tim Wu, a professor at Columbia Law School, sees the strong rules the F.C.C. is moving toward as a way to safeguard the norm of equal treatment of content on the Internet, rather than viewing them as a threat. “And the norm — no fast lanes — has worked awfully well,” said Mr. Wu, who is credited with coining the term “net neutrality.”

Delaware News Journal—February 2
John C. Coffee Jr., a corporate law professor at Columbia University, said that merely having a competent judiciary and low corporate taxes will not be reason enough for a business to reincorporate in another state. He said other states will need to offer corporations something they can't get in Delaware, but was unable to identify what that would be.

Just Security—February 2
By Ryan Goodman and Sarah Knuckey
Over the weekend, The Washington Post reported on a joint U.S.-Israeli operation that killed Imad Mughniyah—Hezbollah’s reported chief of international operations—on the streets of Damascus in 2008. The account raises questions about whether the killing violated international law, and central to the Post’s story is the assessment that these actions “pushed American legal boundaries.”

Hartford Business Journal—February 2
While complaints about excessive regulation are common, the possibility that this phenomenon could inflate sufficiently to weaken the bonds of the law didn't occur to me until reading "Is Administrative Law Unlawful," by Columbia University Law School professor Philip Hamburger.

Jefferson Post—February 3
“You want your attorney general telling the truth,” former Maine Attorney General and now head of the National State Attorneys General Program at Columbia Law School, James Tierney, said. “If the attorney general in his view says ‘you’ve got some real constitutional issues here,’ I would think any governor would want to know that before he signs a bill.”
 
Tierney is a lecturer.

Al Jazeera America—February 4
Real Money with Ali Velshi: 2/4/15
Professor John Coffee appeared on Real Money with Ali Velshi to discuss the U.S. Government’s settlement with Standard & Poor’s.

The National [Papua New Guinea]—February 4
Columbia law school professor Sarah Knuckey said the team responded to the community’s request for an independent assessment of the mine’s environmental and human rights impacts after locals feared that the mine operations posed possible environmental risks. 

NPR—February 5
SYDELL: Tim Wu, a law professor at Columbia University, came up with this eye-glazing concept over a decade ago. I'll let him explain it.
WU: Net neutrality is a rule that says that the companies that carry the Internet have to carry stuff more or less equally. They can't block.
 
Wu also discussed net neutrality on WBUR’s Here & Now.

The New Yorker—February 5
By Tim Wu
For years, the federal government supported the principle of net neutrality: the idea that broadband providers should treat all Internet traffic the same. Verizon and Comcast, for example, shouldn’t be able to block you from accessing sites that they consider competitive or threatening, and they shouldn’t be able to accelerate your access to sites that have paid them.

Open Magazine—February 6
Economists of the eminence of Jagdish Bhagwati had pointed out the hazards of such dual leadership many years earlier… The professor of economics and law at Columbia University was of the view that “power shifting completely to the party” had taken a huge toll on reforms.

The New York Times—February 7
“It’s a novel but not unjust solution to, What do you do with ill-gotten gains?” said John C. Coffee Jr., a law professor at Columbia University and an expert on corporate governance. “A payment has been made to you that is arguably unlawful and you want to purge the ill-gotten gains. It’s reasonable. But it’s not the same as telling the government, ‘We did it and won’t do it again.’ ”

The New York Times—February 8
“There is a mismatch between the perception that you get what you want over the Internet and distribution doesn’t matter anymore, and a copyright holder selling things by territory,” said Tim Wu, a professor of media and copyright at Columbia Law School.

New York Daily News—February 8
Suzanne Goldberg, the university’s special adviser on sexual assault prevention and response, said the objective will be to give students of the Ivy League university’s 20 schools an understanding of sexual and gender-based misconduct.

The Wall Street Journal—February 8
“Every time they’ve tried before, [the FCC] relied on a random scrap of authority,” said Columbia University law professor Tim Wu, a champion of net neutrality. “This time they relied on the main gun of the agency.”

The Washington Post—February 9
In a 2003 paper, Tim Wu — you may remember him from his recent bid for New York lieutenant governor — coined the term "net neutrality." It's since become a familiar term as a Washington policy battle over the future of the Web has spilled over into the rest of the United States.
 
Wu also appeared in numerous other publications’ reporting on the FCC’s net neutrality proposal.

Gothamist—February 9
"We know for sure that Comcast will raise prices. Comcast has consistently charged more for less than any other cable company," Columbia Law professor Tim Wu testified at a hearing on the merger last month. "They would like to defend the cable model, where you pay for the 200 channels. They don't want people core-cutting and just becoming internet users.

The Associated Press—February 10
"We see transgender rights as the next wave of the work we need to do, after marriage equality," said Katherine Franke, director of Columbia Law School's Center for Gender and Sexuality Law.

New York Times—February 10
In seeking a top charge of second-degree manslaughter before the grand jury, prosecutors had to demonstrate probable cause that Officer Liang was aware of the risks posed by brandishing his gun, that he consciously disregarded them and that it was “substantial and unjustifiable,” according to the penal code. “That’s bold,” Bernard E. Harcourt, a professor at Columbia Law School, said of the manslaughter charge.

CFPB Monitor—February 10
One such study is entitled “Do Defaults on Payday Loans Matter?” by Ronald Mann, a Columbia Law School professor. Professor Mann compared the credit score change over time of borrowers who default on payday loans to the credit score change over the same period of those who do not default.
 
The National Law Journal—February 11
Over the past three election cycles, Columbia Law School professor Richard Briffault said, single-candidate super PACs, which are often run by candidates’ former staffers, “have begun to obliterate the line which is central to our campaign-finance jurisprudence.

Al Jazeera America—February 11
“This is more about securing political backing than about securing legal backing,” said Matthew Waxman, a law professor at Columbia University who specializes in national security and constitutional powers

The Columbia Daily Spectator—February 11
By Suzanne Goldberg
When I began as special advisor to University President Lee Bollinger on sexual assault prevention and response last July, I had spent the past couple of decades as a social justice advocate and, more recently, as a legal academic

US News—February 11
Columbia Law School professor Matthew Waxman, an expert on war powers, says the practical effect of repealing the 2002 AUMF “would be negligible for the foreseeable future.”

The Wall Street Journal—February 11
Jeffrey Fagan, professor of law at Columbia Law School, said the demographics of the jury pools could have made a difference. “Prosecutors have enormous discretion as to what charges to bring and how to bring them, and the contrast between these two cases illustrates just how wide that discretion is,” Mr. Fagan said.

Concurring Opinions—February 11
The Ages of American Law has been reissued with a new foreword and a new final chapter by Columbia Law School Professor Philip Bobbitt.

The Columbia Spectator—February 11
“The essence of this initiative is to reinforce that community citizenship is a critical part of being a Columbia student at any school, and that sexual respect is integral to what it means to be a member of this community,” Executive Vice President for University Life Suzanne Goldberg, who spearheaded the program’s development, told Spectator in an interview.

The Wall Street Journal—February 11
Jeffrey Fagan, professor of law at Columbia Law School, said the demographics of the jury pools could have made a difference. Mr. Garner’s case was heard in Staten Island, a politically conservative borough, while Mr. Gurley’s case was heard in Brooklyn, which tends to be more liberal, he said.

The Seattle Times—February 14
New Jersey’s Supreme Court, for example, shut down school for eight days in the summer of 1976 because the Legislature had failed to come up with enough money for schools. “They made their point,” said Michael Rebell, a Columbia University law professor and the National Education Access Network's executive director.
 
Rebell is an adjunct professor.
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Of Special Note: Black Girls Matter

On February 4, Professor Kimberlé Crenshaw released a new report about how girls of color face much harsher school discipline than their white peers but are excluded from current efforts to address the school-to-prison pipeline. The Public Affairs Office worked to generate national media coverage of the report, Black Girls Matter: Pushed Out, Overpoliced and Underprotected, and arranged a series of interviews for Crenshaw in an array of outlets. Highlights include:


New York 1—February 5
Errol Louis discussed the new report "Black Girls Matter: Pushed Out, Overpoliced and Underprotected" with Kimberle Crenshaw, a professor at Columbia Law School.

Huffington Post—February 6
Black girls around the country were suspended from school six times more often than their white counterparts during the 2011-2012 school year, even though they only represent a small share of public school enrollment. Black boys also faced disproportionate rates of discipline, but to a lesser degree. They were suspended at three times the rate of white boys.

USA Today College—February 11
Black boys are suspended three times as often as white boys, according to data from the U.S. Department of Education. That ratio isn’t surprising: Kimberlé Williams Crenshaw, the executive director of the African American Policy Forum (AAPF) and a Columbia University professor, says there’s been a “two-decade long discussion” about the racial disparity boys face in school.

Democracy Now!—February 12
We are joined by two guests: V-Day founder and award-winning playwright Eve Ensler, creator of "The Vagina Monologues"; and Kimberle Crenshaw, a law professor at UCLA and Columbia University, and founder of the African American Policy Forum, whose new report is "Black Girls Matter: Pushed Out, Overpoliced and Underprotected."
 
NPR—February 13
It's just one incident of many that have played out across the country in which reported misconducted by black girls at school prompts a seemingly disproportionate — and often violent — response by school and local authorities. But why? That's what Columbia University law professor Kimberle Williams Crenshaw and her associates, Priscilla Ocen and Jyoti Nanda, set out to explain in their study, Black Girls Matter: Pushed Out, Overpoliced and Underprotected.

The Baltimore Sun—February 13
The report, "Black Girls Matter: Pushed Out, Overpoliced and Underprotected," found that although males are suspended in greater numbers than females overall, the racial disparity in suspensions for girls in the schools researchers examined was almost double that for boys.

 

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Of Special Note: Harvey J. Goldschmid (1940-2015)

On Feb. 12, Columbia Law School Professor Harvey J. Goldschmid passed away. The Public Affairs Office prepared an obituary and distributed the piece to a host of media outlets. The following publications paid tribute to Prof. Goldschmid:


Reuters—February 12
Former Securities and Exchange Commission member and prominent Columbia University law professor Harvey Goldschmid died on Thursday at the age of 74, the law school said.

The Wall Street Journal—February 12
Former SEC Commissioner Harvey Goldschmid Dies at 74
Harvey Goldschmid, a former Securities and Exchange Commission official and securities-law expert who helped guide the SEC’s response to the accounting scandals of the early 2000s, died Thursday in New York. He was 74.

Bloomberg—February 12
Harvey Goldschmid, a former U.S. Securities and Exchange Commission member who helped lead the agency as it responded to a flood of corporate accounting scandals, has died. He was 74.

Law360—February 12
Harvey Goldschmid, a former member of the U.S. Securities and Exchange Commission who helped steer the extensive accounting reforms that were put in place after the Enron Corp. and WorldCom Inc. scandals, died Thursday. He was 74.

Corporate Crime Reporter—February 12
Columbia Law School Professor Harvey J. Goldschmid, a renowned corporate governance expert who served as a commissioner and the top attorney at the U.S. Securities and Exchange Commission (SEC) and played a key role in implementing one of the most sweeping federal securities laws in U.S. history, died on February 12.

Professor Bainbridge Blog—February 12
I frequently disagreed with Professor/Commissioner Goldschmidt, but I had great respect for his vast knowledge and remarkable expertise. On the few occasions we met, he was invariably courteous and friendly… He was one of the good guys.

The Faculty Lounge Blog—February 12
Columbia Law Professor Harvey J. Goldschmid passed away today at 74.  In addition to his long career on the Columbia law faculty, with a focus on corporate law, he served as a Commissioner of the Securities and Exchange Commission from 2002-05.  

Antitrust & Competition Policy Blog—February 12
Columbia Law Professor Harvey Goldschmid has died.  His most important antitrust contribution was as the primary casebook author of what had been known as the Milton Handler casebook but in its current incarnation is Pitofsky, Goldschmid and Wood's Trade Regulation, 6th.  For many years, it was the market leader in antitrust casebooks.

The New York Times—February 13
Harvey J. Goldschmid, an expert on corporate law who, as a member of the Securities and Exchange Commission, was a strong advocate of making public corporations responsible to shareholders, died on Thursday in Manhattan. He was 74.

The National Law Journal—February 13
Goldschmid dies: Former SEC commissioner Harvey Goldschmid died at 74, The Wall Street Journal reports. SEC Chairman Mary Jo White called Goldschmid “a true public servant, whose commitment to this agency lived long past the days he spent working here.” Goldschmid taught at Columbia Law School. Read more in Bloomberg here and Reuters here.

Bloomberg—February 13
Harvey Goldschmid, 74. Former Securities and Exchange Commission member from 2002 to 2005, who pushed for increased oversight of the accounting industry following fraudulent practices at Enron Corp. and WorldCom Inc. A professor at Columbia Law School in New York, he specialized in securities and antitrust law. Died Feb. 12.

Compliance Week—February 13
Columbia Law School Professor Harvey Goldschmid, a renowned corporate governance expert who served as a commissioner and the top attorney at the Securities and Exchange Commission, died this week from complications from pneumonia.

AccountingWeb—February 13
Former SEC member and prominent Columbia University law professor Harvey Goldschmid died on Thursday at the age of 74, wrote Sarah N. Lynch of Reuters.

The Bond Buyer—February 13
Harvey J. Goldschmid, a former Securities and Exchange Commission member who played a key role in getting the American Bar Association to adopt an ethics rule to prevent municipal bond and other pay-to-play practices, died Feb. 12 at the age 74 from complications of pneumonia.
 
The American Institute of CPAs—February 13
The American Institute of CPAs (AICPA) has issued the following statement by President and CEO Barry C. Melancon, CPA, CGMA, on the death of Harvey Goldschmid: “I was saddened to learn of Harvey Goldschmid’s passing. He traveled in or near the CPA profession’s orbit for many years. Known as a friend to investors, he brought intelligence, common sense and candor to everything he did, in roles that included SEC commissioner and law professor.

Mediaite—February 16
The same night David Carr died, former SEC commissioner Harvey Goldschmid, who helped force major companies to become more accountable to ordinary shareholders, also passed. He basically wrote the law that now prohibits corporations from leaking information to select clients or partners, was the SEC General Counsel, then an SEC Commissioner and a longtime top Columbia University law professor. I was a law student when Professor Goldschmid was teaching at Columbia and while I did not know him well, it led me to follow his career, accomplishments, and admire his battle against big corporations’ backroom sweetheart deals.

New York Law Journal—February 17
Harvey Goldschmid, a Columbia Law School professor and former commissioner on the Securities and Exchange Commission who was a key player in the implementation of sweeping financial regulations intended to make corporations more accountable to shareholders, died on Thursday. He was 74.

Columbia Spectator—February 18
Columbia Law School professor and alumnus Harvey J. Goldschmid died on Feb. 12 due to complications from pneumonia. He was 74.


Additional Tributes to Professor Goldschmid Appearing in The New York Times Death Notices Column:
 
The New York Times—February 13
GOLDSCHMID--Harvey J. Columbia Law School Prof. Harvey J. Goldschmid, a renowned corporate governance expert who served as a commissioner and the top attorney at the U.S. Securities and Exchange Commission and played a key role in implementing one of the most sweeping federal securities laws in U.S. history, died on February 12. He was 74. A beloved professor and mentor to generations of Columbia law students, Goldschmid was a two-time recipient of the Willis L.M. Reese Prize for Excellence in Teaching.

The New York Times—February 14
GOLDSCHMID--Harvey J. Our friend Harvey J. Goldschmid, who passed away on February 12, was Senior Counsel at Weil, Gotshal & Manges LLP for more than ten years. He was a wonderful colleague and friend, and he contributed to Weil in many significant ways during his tenure at the Firm. His knowledge and expertise were unparalleled, as evidenced by his prestigious positions in both academia and government. Harvey was a brilliant lawyer and educator, and he will be greatly missed by his friends and former colleagues at Weil. We will remember him with the utmost respect and affection, and we extend our deepest sympathies to his family.

The New York Times—February 15
GOLDSCHMID--Harvey. We deeply mourn the passing of Harvey Goldschmid, a true giant in the areas of corporate governance, securities law and anti-trust law. We were privileged to have had the benefit of his wisdom and learning from our inception twenty years ago. We will miss not only his great intellect but his sense of justice and his deep compassion. While we mourn his loss we also celebrate, and are grateful for, a life well lived and the privilege of having been a part of it. The Institute for Law and Economic Policy (ILEP) Edward Labaton, President Sandra Stein, Founder

The New York Times—February 15
GOLDSCHMID--Harvey J. The Staff of Practising Law Institute mourns the loss of Harvey J. Goldschmid, a wonderful teacher, mentor and friend to PLI. We extend our deepest sympathies to his family and loved ones at this difficult time. Anita C. Shapiro, President-Elect

The New York Times—February 16
GOLDSCHMID--Harvey J. He was the model law professor, combining real world experience and transactional sense with a strong understanding of economic theory. Students adored him; practitioners respected him; and government agencies depended on him. He was also an admirable human being, generous, open-minded, and compassionate. With particular awareness of his contributions to the shaping of corporate and securities law, we Columbia colleagues mourn his passing. Jack Coffee, Merritt Fox, Ron Gilson, Jeff Gordon, Zohar Goshen, Rob Jackson, Kate Judge, Curtis Milhaupt, Katharina Pistor
 
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This report shares mentions of Law School faculty cited in print, broadcast, and electronic news outlets. It is not intended to be inclusive of every media mention. Faculty members who have an article, op-ed, or other commentary being published are encouraged to send their work to Public Affairs at publicaffairs@law.columbia.edu for possible inclusion in our Clip Report. Faculty members seeking assistance in promoting scholarship, facilitating interviews, event coverage, or media training, may email or call us at 212-854-2650.
 
TO VIEW ADDITIONAL MEDIA COVERAGE AND ARCHIVED CLIPS: Visit http://www.law.columbia.edu/faculty/faculty_news

 

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