Civility is, of course, an important virtue, one vital to maintaining both social relations at universities and a vibrant civil society. But as Katherine M. Franke, a Columbia Law School professor, has noted, civility has become “a catchword for a kind of censorship of speech that makes us feel uncomfortable.”
John and Ken celebrate the examined year with a philosophical look back at the year that was 2014: The Year in Academic Freedom with Katherine Franke, Professor of Law at Columbia University and Director of the Center for Gender and Sexuality Law
Robert J. Jackson Jr., a professor at Columbia Law School, said he was shocked when he read the paper. “All should agree that it is wildly inappropriate for a sitting S.E.C. commissioner to issue a law review paper accusing a private party of violating federal securities law without any investigation or due process of any kind. This is a striking, and as far as I know unprecedented, departure from longstanding S.E.C. practice,” he wrote in an email.
John Coffee, a securities crime specialist at Columbia Law School, says prosecutors have grown increasingly skeptical to corporate counsel claims that a conviction will cause a firm to die. In fact, in some cases the announcement of a guilty plea sent a convicted company’s stock prices higher. “It removed the cloud of uncertainty,” he said.
Just before the end of the year, the Palestinian Authority took steps to become party to the Rome Statute and thereby join the International Criminal Court (ICC). This is a lose-lose-lose move: it is bad for Israel, bad for the Palestinian Authority, and bad for the ICC.
In an interview with Democracy Now!,Scott Horton, a human rights attorney and author of "Lords of Secrecy: The National Security Elite and America’s Stealth Foreign Policy," touched on the debate over national security and secrecy.
Columbia law professor Philip Hamburger makes a cogent argument that administrative law is unlawful. “The administrative regime consolidates in one branch of government the powers that the Constitution allocates to different branches. Administrative power thus brings back to life three basic elements of absolute power. It is extralegal, supralegal, and consolidated.”
The tension between public order and individual protections, experienced most profoundly by residents of disadvantaged and marginal communities of color, is not inevitable. It stems in part from Loury’s focus on order rather than community safety, which invites an adherence to what the legal scholar James Forman calls a “warrior” model of policing.
Professor Gillian Metzger, who's the vice dean and Fuld Professor of Law from Columbia Law School, will open up the conversation by examining how federal agencies use their discretionary authority or not to accommodate state interests. Professor Metzger's scholarship focuses in the areas of administrative law and constitutional law with a specialization on federalism.
“It’s an ongoing national question, whether women will have meaningful access to abortion across the country, or only in a subset of states,” said Suzanne B. Goldberg, director of the Center for Gender and Sexuality Law at Columbia Law School.
Of course, there is no constitutional authority for Congress, much less a bunch of its minions in the bureaucracy, to exercise such power. This gives strong support for the argument that Columbia Law professor Philip Hamburger makes in his book Is Administrative Law Unlawful?
Though we credit Martin Luther King Jr. and those who put their lives on the line in the great Selma to Montgomery march -- as we should -- it is worth noting that those events, which led to the historic Voting Rights Act, took place because a lawyer, Jack Greenberg, then director of the NAACP Legal Defense Fund (LDF), persuaded a federal judge to permit King and his allies to go forward.
Beyond sovereignty claims, the very credibility of international law is also at stake. As Columbia University Professor Matthew C. Waxman succintly puts it, "For the UNCLOS system -- as a body of rules and binding dispute settlement mechanisms -- prominence and credibility are at stake. A decision that the arbitral panel has jurisdiction," could put the arbitration body at the risk of "being ignored, derided and marginalized by the biggest player in the region." In the end, there may be no clear winners.
Republicans in Congress will use riders on appropriations bills to try to choke off funding for the EPA Clean Power Plan and other rules that curb greenhouse-gas emissions, Michael Gerrard, director of the Sabin Center for Climate Change Law at Columbia Law School, told about 50 people at the University of Chicago. The rules will also face an onslaught of lawsuits that will try to prevent EPA from regulating power plant emissions.
Civil disobedience is a familiar protest tactic. From Mahatma Gandhi to Martin Luther King Jr, some of our most iconic reformers have engaged in nonviolent, unlawful social action. But it isn’t always necessary to disobey the law to defy a legal regime.
Nor do they seem to understand that not all capital crimes leave DNA evidence behind. Indeed, studies have shown the high error rates among death-qualified juries in handing down the ultimate penalty (see Columbia Law Professor James S. Liebman's classic study, "A Broken System: Error Rates in Capital Cases, 1973-1995").
In New York, Silvia Hodges Silverstein has taught the courses "Law Firm as a Business" and "Law Firm Marketing" at Fordham Law School since 2010, and the course "Law Firm Financial Management" at Columbia Law School since 2013.
A three-member external panel is currently being selected by ISDA’s 15-strong DC. On Thursday, four people were nominated as potential candidates to hear the Caesars case – Kimberly Summe, general counsel at Partner Fund Management, Rick Grove, CEO of advisory firm Rutter Associates, Columbia Law professor David Schizer, and Cornell Law professor Charles Whitehead.
A rose to Grinnell Collegefor bringing two fine speakers to campus Jan. 19 and 20 to mark Martin Luther King Jr. Day. Patricia Williams, a professor of law at Columbia University Law School and recipient of a MacArthur "genius grant" in 2000, will conduct an interactive lecture and discussion beginning at 10:30 a.m. Jan. 19 on "Hoping Against Hopelessness: An Anatomy of Short Lives."… It may seem hard to come up with meaningful ways to mark the King anniversary, but Grinnell deserves credit for doing it right. These speakers are worth the trip.
Edward Lloyd, an environmental law expert at Columbia Law School and member of the New Jersey Pinelands Commission, agreed. “The public policy issue here is that certainly no company should be able to spin off some of their operations just to avoid liability for contamination,” Lloyd said. “Otherwise this is just an easy route around the law.”
Jagdish Bhagwati, professor of economics, law and international affairs at Columbia University, says the Narendra Modi government has got the sequencing of reforms right, but it should not start spending money until revenues start flowing in. Bhagwati, who will deliver this year’s Madhavrao Scindia Memorial Lecture on Tuesday, spoke to HT on a range of issues.
Bhagwati’s commentary was picked up in other outlets, including Firstpost and Quartz.
Two Columbia Law School professors, Benjamin Liebman and Curtis Milhaupt, did a study, Reputational Sanctions in China’s Securities Market, where they posited that the avoidance of public humiliation is a big behavior inducer in China. Unlike in the United States where being sued is viewed pretty much strictly as legal matter, in China it is humiliating...
Patricia Williams is an astute analyst of race and the law. She's the James L. Dohr Professor of Law at Columbia University, and her books include The Alchemy of Race and Rights and Seeing a Color Blind Future: The Paradox of Race. She also writes a column called Diary of a Mad Law Professor for The Nation magazine. Michael spoke with Patricia Williams about the frictions and intersections between race and justice in the United States.
This year’s event features three keynote speaks including Bob Young, founder and chairman of Lulu.com, co-founder of Red Hat and the Center for Public Domain. Linus Torvalds, software engineer and the principal force behind the development of the Linux kernel, and Professor Eben Moglen, executive director of the Software Freedom Law Center and professor of Law and Legal History at Columbia University Law School.
Correction officers rarely are convicted for the mistreatment of prisoners, but California and New York have bucked the trend. Last month, the Los Angeles County Sheriff's Department grudgingly agreed to the need for systemwide changes, but only after the convictions of seven officers for obstructing a grand jury investigation into a decades-old culture of severe abuse in county jails.
When I was a child, I learned a phrase that comes in handy during moments of stress. It is a Cuban-American mantra. It is simple, catchy and can be applied to any circumstance -- from accounting for the actions of a wayward child to explaining why you forgot to take out the garbage: La culpa de todo la tiene Fidel, Fidel is to blame for everything.
“We subscribe to the principle that people should get to make decisions for themselves almost all the time,” says Paul S. Appelbaum, a psychiatry, medicine and law professor at Columbia University. “The exceptions to that rule are rare. What we’re seeing play out in Connecticut is really the exception, not the rule.”
In sum, the CFPB is administrative law on steroids. Support for this argument can be drawn from Is Administrative Law Unlawful?, a book by Columbia Law School professor Philip Hamburger. As his book explains, the system is supposed to work this way: legislatures make laws, executive agencies implement and enforce the laws, and an independent judiciary adjudicates. Notwithstanding the deference that courts have given agencies, only Congress can make binding law.
Economist and Columbia University professor Jagdish Bhagwati is seen as the Modi government's guiding light. The PM is taking bold steps, he tells Sagarika Ghose, but cautions that he must not let Hindutva hardliners undermine his economic agenda.
Even if the tech world can’t persuade Warren to run, her backers hope their efforts will challenge Clinton to take more liberal positions. “If Warren jumped in, then what I like to call the 'progressive tech wing’ would have a voice in the primary,” said Tim Wu, a Columbia University professor and Warren supporter who coined the term “net neutrality.”
India-born economist Jagdish Bhagwati, a professor at Columbia University in New York, said the government must do more to tackle corruption among public officials that plagued the previous left-leaning Congress government's decade in power.
Similar articles appeared in other outlets, including the Economic Times and The Hindu.
During a call with reporters, CEO Jamie Dimon declared that “banks are under assault," and that it now has five or six regulators coming after it on different issues, compared to one or two previously. Marcus Stanley, policy director of Americans for Financial Reform, says Dimon has it backward – regulators and Congress are under assault from the financial lobby due to ongoing efforts to repeal various elements of the Dodd-Frank financial reforms passed in 2010. Who’s right? Both sides, says John Coffee, a Columbia Law School professor.
A very interesting panel from the Federalist Society faculty conference earlier this month, with Profs. John Harrison (Virginia), Gillian Metzger (Columbia), and Zachary Price (Hastings), and our very own Nick Rosenkranz (Georgetown), moderated by Prof. Tara Grove (William & Mary):
I spent the last two days at a terrific conference in at Columbia Law School on asymmetric warfare and the laws of armed conflict, organized by Matthew Waxman and the great Stanford international relations scholar, Steve Krasner. The conference was interesting in bringing together top-flight international relations theorists and international law experts to discuss an issue both think about—but for whom the vocabularies and methodologies of inquiry are totally different.
“The increased use of cameras both by agencies and by citizens will make it easier for prosecutors and defense lawyers to get a sense of what happened in a fraught encounter,” says Columbia University law professor Dan Richman. “The cases brought against officers may be stronger and the decisions not to charge may be easier. Still, the controversy surrounding the death of Eric Garner highlights how filmed encounters can be deeply contested.”
By Michael B. Gerrard
Governor Andrew Cuomo signed new laws in 2014 regarding climate change adaptation, invasive species, chemical regulation, wildlife, and hazardous substances. However, there was no comprehensive legislative reform of the Brownfield Cleanup Program.
Narendra Modi’s government would do well to heed the advice of Columbia University professor Jagdish Bhagwati to “hold back” Hindu chauvinist elements that, he believes, are undermining its larger development agenda.
Three former SEC officials, including former Chairman Harvey Pitt, issued a statement today backing Gallagher and saying the paper was consistent with the commissioner’s duties. The professors who signed the letter include Yale Law School’s Jonathan Macey, Columbia Law School’s John Coffee and Boston University Law School’s Tamar Frankel.
This story was picked up in other outlets, including Reuters.
Moderated by the Schomburg’s Director, Khalil Muhammad, the forum will feature Pulitzer Prize–winning journalist and author Isabel Wilkerson, Nation columnist and Columbia law professor Patricia J. Williams, Nation editorial board member and DeWitt Clinton Professor of History at Columbia University Eric Foner, Nation contributing writer and blogger Mychal Denzel Smith and award-winning author and essayist Darryl Pinckney.
Augusto E. Maxwell, a partner and chair of Akerman LLP’s Cuba practice, said the new rules make for a saner regulatory world and should give business attorneys and general counsel a greater sense of comfort. Maxwell, who teaches a seminar on the country at Columbia University School of Law, has been traveling to Cuba since 2003, and said Cubans are still in a period of “shock and awe” over recent changes.
"It seems, while it is never possible to predict what the court will do, the nation's courts and legislatures have overwhelmingly supported marriage equality and it is reasonable to expect the Supreme Court will do the same," said Suzanne Goldberg, Director of Columbia University's Center for Gender and Sexuality Law.
Same-sex marriage may be the immediate target, but state RFRAs would likely have a much broader impact, said Katherine Franke, co-director of the Center for Gender and Sexuality Law at Columbia, granting "a kind of blanket indemnity from compliance with all sorts of otherwise applicable laws." That could erode not just reproductive and gender rights but eventually, Franke said, protections against race discrimination as well.
Columbia Law School professor Michael Gerrard, director of the school’s Sabin Center for Climate Change Law, agrees: “As a tactic it makes sense,” he says. But so-called “forum shopping,” he adds, is hardly unique. “You look for the most favorable court,” he says.
"It's quite important, by taking all of the cases here, the court has indicated it is prepared to address fully the scope of marriage equality for same-sex couples in the United States," says Suzanne Goldberg, director of Columbia Law School's Center for Gender and Sexuality Law.
In 2003, Augusto Maxwell traveled to Cuba with his client John Parke Wright to begin negotiating what would become the first sale of Florida cattle to the island nation in over 40 years… I think that folks that have been a little reticent to explore have now understood that the moment is now,” says [Pedro] Freyre, who teaches a course on Cuba at Columbia Law School with Maxwell.
“There is still a tendency among members of the media to view the courts in somewhat romantic terms,” constitutional law scholar David Pozen said in 2014, nearly twenty years after Judge Mikva’s warning and within a few months of Gawker’s claim that it had the right to publish whatever truthful information it wanted. “I’m not confident that remains a descriptively accurate view of the courts.”
Prime Minister Narendra Modi is “a man full of energy” while his predecessor Manmohan Singh had “ideas”, noted economist Jagdish Bhagwati said on Thursday… On newly formed NITI Aayog that replaced Planning Commission, the Columbia Universityprofessor said what he liked about it is that “focus will be on policies and that is where the real action should be”.
Similar stories appeared in other outlets, including NDTV.
The ghost of Justice Byron White was manifest in the courtroom on Wednesday as the Justices heard arguments in Wellness International Network v. Sharif. The case raises a core constitutional question: what limits does the vesting of the judicial power in Article III place on Congress’s authority under Article I to adopt uniform rules for bankruptcy?
At the annual Consumer Electronic Show in Las Vegas, Chairman Tom Wheeler of the Federal Communications Commission made clear that his agency plans to re-enact strong net neutrality rules in late February.
The idea, favored by Tim Wu, the Columbia Law School professor who coined the phrase “net neutrality,” is to “forbear” from price setting — leaving that to the markets, which are usually better at it. The government’s powers would be used to guarantee that this most important communications pathway remained open to all comers.
The establishment and free-exercise clauses as well as statutes governing religion have proven a fertile breeding ground for litigation. Increasingly, the workplace setting has given rise to such disputes. Sometimes they pit observant employers against employees who wish to be free of coerced religious activities. More often, however, they involve employees, current or prospective, who require accommodations for their own religious practices.
Plus, Fareed speaks with Malcolm Gladwell, who wrote in support of the broken windows theory in his famous book The Tipping Point, and Bernard Harcourt, who wrote a book called Illusion of Order: The False Premise of Broken Windows Policing, about that much-talked about issue.
Most agree that closing Guantanamo Bay will be harder than ever. Professor Matthew Waxman of the Columbia Law School in New York said: "The rise of ISIS and the recent terrorist events strengthen the political hand of those in the US Congress who oppose closing Guantanamo and raise the political risks to President Obama of pushing forward."
Klingenschmitt was inspired to spend a month drafting the bill after he read "Is Administrative Law Unlawful?" The book, by Columbia University law professor Philip Hamburger, questions whether things such as the Code of Colorado Regulations are constitutional. Hamburger believes that administrative law, at least at the federal level, is unconstitutional because it imposes laws that weren't created by Congress.
This story also appeared in other outlets, including Wonkette.
"There would be tough jurisdictional issues," said David Pozen, a professor of constitutional law at Columbia Law School. "And you have to show actual malice on the part of the news outlet, and that’s a very tough standard."
You had to know that the result was foreordained when the first page of Justice Stephen Breyer’s opinion in Teva Pharmaceuticals USA v. Sandoz summarized the question presented as whether the Federal Circuit should review fact findings that a trial judge makes in the course of construing the claims of a patent under a de novo standard, as it does questions of law, or for clear error, as it does with other findings of fact.
Mann’s commentary was picked up at Inside Counsel.
Addressing climate change doubters was important, said Michael Gerrard, director of the Sabin Center for Climate Change Law at Columbia University… “I was pleased by how strong his statements were,” Gerrard said. “It was a stronger statement on using his powers to block negative moves by Congress.”
Suzanne Goldberg, who has served as University President Lee Bollinger’s special advisor on sexual assault prevention and response since July, will be the first executive vice president for University life. Goldberg takes on the role almost 10 months after it was created as the executive vice president of Student Affairs. Goldberg said the position’s new name more accurately reflects her vision for the job.
A morning of déjà vu – as Justice Sonia Sotomayor announced her opinion for a unanimous Court in Hana Financial, Inc. v. Hana Bank. The Court heard oral argument in three intellectual property cases this fall. It decided the first one yesterday (Teva Pharmaceuticals v. Sandoz) and the second one this morning (Hana).
Mann’s commentary was picked up in other outlets, including Inside Counsel.
Legal experts said judges rarely allow defendants to pull pleas but Judge Carter’s move could presage more rescissions. “This is but one ripple, and is yet a small one, from the Second Circuit’s decision,” said Columbia Law School Professor Daniel C. Richman. “I think it’s fair to say there’s more to come.”
Robert Jackson, a professor at Columbia LawSchool and a hedge-fund expert, said he has received calls from three or four funds seeking advice on the issue. He has advised them to push for longer delays and for the reports to the brokers to be less specific. “If hedge funds begin to feel like they can’t use those resources without revealing their investments to the world, it’s going to be a real problem for hedge funds,” Mr. Jackson said.
Stevens referred to a book The Wrong Carlos by Columbia Law School professor James Liebman, saying that it had sufficiently demonstrated that “there is a Texas case in which they executed the wrong defendant and the person they executed did not in fact commit the crime for which he was punished.”
Justice Stevens’ remarks about Professor Liebman’s book were picked up by other outlets, including FireDogLake.
In recent months, countless stories about the brutality that teenagers experience on Rikers Island have been written. We’ve read about broken bones and limbs, repeated headshots, bloodied faces, suicide and death in solitary confinement.
"I think they have failed to meet their burden of persuasion that this will make life better for the average American consumer," says Tim Wu, a law professor at Columbia University who has written extensively about the telecom industry. "What does the average American consumer care about? They care about prices being too high. Comcast could have said this merger will lower prices and committed itself to lower prices but it has made no sign that it will do this."
“There are all these cases that are legally plausible that they could win in court. The question is whether they should be bringing them, as a matter of policy or morality,” said Columbia Law School professor David Pozen. “That a case that is brought to trial ended up going well for the prosecution when the laws are written so broadly doesn’t really surprise me.”
John Coffee, a professor at Columbia Law School, said Bharara said courts usually just grant such wide-ranging reviews once or twice a year. But he did say the case should be granted review given the fact that it deviates from previous rulings. “There is enough tension between Newman and other Second Circuit decisions that makes it worthy of en banc review,” Coffee said.
Edward Lloyd, a professor at Columbia Law School, represented five amici that argued for overturning the lower court decisions—the New Jersey Environmental Commission, New York/New Jersey Riverkeepers, Environment New Jersey, the Delaware Riverkeeper Network and New Jersey Work Environment Council. “The ruling is consistent with the statute,” Lloyd said.
The project of creating a European Banking Union is arguably one of the most important steps on the post-Crisis regulatory agenda. The goal is, inter alia, to provide a sound and unbiased legal framework for resolving global banks, so that the threat of a rescue with taxpayer’s money can be mitigated.
On “Charlie Rose,” a conversation about the Arab Spring and the failed states of Libya and Yemen. We are joined by New York Times Magazine contributor Robert Worth, Buzzfeed Writer-at-Large Gregory Johnsen and Professor of Law at Columbia University Matthew Waxman.
Project director Nathaniel Frank, Ph.D., is an internationally recognized authority on LGBT public policy best known for his work on "Don't Ask, Don't Tell." Principal investigator Katherine Franke is the Isidor and Seville Sulzbacher Professor of Law at Columbia Law School and director of the school's Center for Gender and Sexuality Law.
The What We Know project was mentioned by other outlets, including the DailyXtra.
Around the world, institutional investors – including pension funds, insurance companies, philanthropic endowments, and universities – are grappling with the question of whether to divest from oil, gas, and coal companies.
The tectonic shift in politics from UPA to BJP has also resulted in a paradigm shift in our economics from (Amartya) Sen to (Jagdish) Bhagwati. Professor Bhagwati, the economist who believes that the Modi government has started with the correct reform measures, talks to Shekhar Gupta, discusses his reform policies and the steps the government should take to remove poverty and boost economy in the nation. MediaPost—January 30
The academics, including Columbia Law's Tim Wu (who coined the term net neutrality), are responding to suggestions that net neutrality rules are unnecessary given that antitrust law already prohibits companies from acting anti-competitively.
But the workshop speakers cited example after example of community violence spreading, and of one kind of violence triggering another. Jeffrey Fagan of Columbia Law School spoke of violence increasing when young people turn cynical, detached from the laws and norms the police are trying to enforce. Another speaker noted the contagion triggered by media reports.
Richard Briffault, a Columbia law professor who specializes in election law, pointed to the centralized decision-making process in Albany as a root cause of corruption. With authority vested in the what has been described "three men in a room" -- the state Assembly speaker, the state Senate majority leader, and the governor -- who make critical decisions behind closed doors, other lawmakers have very limited discretion.
Within weeks, this group combined non-profit groups like Free Press and Public Knowledge with a bevy of Internet heavyweights like Netflix and smaller, midsized web-based businesses like Etsy. Academic think-leaders like Columbia Law School’s Tim Wu rounded out the group.
"I certainly didn't know about them," longtime Commissioner Edward Lloyd, a professor of environmental law at Columbia University, said after the vote. "I think we should have."
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