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July 2016

July 1-15

 
U.S. News and World Report—July 1
"This decision makes it really clear that they're going to look at the hard data, the actual facts of the medical benefit" of abortion, says Carol Sanger, a Columbia University Law School professor whose book, "About Abortion: Terminating Pregnancy in 21st Century America," comes out next year.
 
The Atlantic—July 1
As Carol Sanger, a professor at Columbia Law School, pointed out during an interview in April, the United States is different from some other countries that permit abortions, including the U.K.: Women are not required to give their reasons for seeking an abortion. That means this law would be difficult to enforce—doctors might only discover that a woman wants to abort her girl or her Down Syndrome baby if it comes up in conversation, for example.
 
Slate—July 1
By Nathaniel Frank
When all is said and done—and as of now, it nearly is—people will wonder what all the fretting was about. In fact, the forgetting has already begun, as talking heads asked their guests or correspondents why it took the Pentagon so long to lift its ban on transgender service, and why the ban existed in the first place.
 
Note: Frank is the director of the What We Know Project at Columbia Law School.
 
Just Security—July 2
By Sarah Knuckey
The US government on Friday, July 1 released long-sought information on its views as to how many people it has killed in drone and other strikes “outside areas of active hostilities,” and also released a new Executive Order on civilian casualties.
 
Tablet Magazine—July 2
By Menachem Z. Rosensaft
Elie Wiesel died Saturday at the age of 87. In the end, what remains with us, within us, most are the memories.
 
Note: Rosensaft is a lecturer in law.
 
The New York Times—July 3
“It made clear his love of the Jewish people extended to all mankind,” Menachem Rosensaft, a friend of over 50 years, said of the service. Mr. Rosensaft, a professor of law at Columbia and Cornell, said he had been a teaching assistant for Mr. Wiesel when he taught at City College in New York beginning in the 1970s.
 
Politico—July 5
"There's no ducking the fact that this is a pretty exceptional case given the amount of focus and given the concerns raised about interference by members of the administration," said Dan Richman, a Columbia University law professor and former assistant U.S. Attorney in the Southern District of New York. "It was very helpful to make public at the stage before it had gotten to the highest reaches of the Justice Department where investigation was going and who was responsible."
 
Rolling Stone—July 5
"We're not thinking systemically about climate change," says Michael Gerrard, director of the Center for Climate Change Law at Columbia Law School. "We're focused on Sandy, and Sandy isn't the worst thing that could happen."
 
Bloomberg Law—July 5
“Irv was one of the Great Old Men of the SEC,” John Coffee told Big Law Business via email, adding that he and his successor Stanley Sporkin “set the tone for SEC enforcement for the next twenty years. I wish it still had that tone of ‘we will come after you, whatever the cost.'”
 
The New York Times—July 6
“It reflects a sound planning approach that is regrettably uncommon so far,” said Michael B. Gerrard, a professor at Columbia Law School and the director of the Sabin Center for Climate Change Law there. “As sea-level rise advances,” Mr. Gerrard added, the concept of managed retreat is “going to become increasingly important in large parts of the country.”
 
The Village Voice—July 6
What's more, LinkNYC's privacy statement isn't worth as much as you might think. "This privacy statement is like most privacy statements," says Eben Moglen, a professor at Columbia Law School who works on internet privacy. "Its job is to make you believe that something is being promised, when actually it lets them do anything they want."
 
Fortune—July 6
John Coffee, a law professor at Columbia University and an expert in securities law, says he believes the company should have disclosed news of the death earlier, and the fact that the stock didn’t fall following the news of the crash doesn’t prove the event wasn’t material and shouldn’t have been disclosed…“I think it is material as that death has changed both the public’s and the insurance industry’s perception of self-driving cars,” wrote Coffee in an email to Fortune.
 
U.S. New and World Report—July 7
By Carol Sanger
The age of Zika is not the time – it is never the time–to play politics with women's health or their rights. 
 
CNN—July 7
LIEU: For a period of time, you were at Columbia Law School as a scholar and you specialized in national security law. Is that correct?
COMEY: Sometimes I fantasize I still am.
 
The Wall Street Journal—July 7
Such situations are complicated “especially when it’s a transfer of intellectual property that you would never sell to a third party,” said Michael J. Graetz, a tax professor at Columbia Law School. “There’s no comparable market price.”
 
The New York Times—July 7
Mr. An’s lawsuit, which cites others filed by citizens who were arrested in New York City while filming the police, is also part of a spate of cases around the country to “get widespread judicial recognition of the First Amendment right to record on matters of public concern,” David Pozen, a professor at Columbia Law School, said.
 
Salon—July 8
Bernard Harcourt, a political theorist and policing expert at Columbia Law School, says that broken windows must be understood “at a macro-economic level,” where it emerged “at a particular juncture in American history where there is deindustrialization” and a large population of unemployed African Americans “on the street as a result.”
 
Yes! Magazine—July 8
But the number of violent incidents drop drastically when the diversity of the force matches the diversity of its community, according to research from Columbia Law School. A call for this diversity goes back decades, points out Joscha Legewie, who conducted the research with Jeffrey Fagan.
 
Mashable—July 9
The sequence of events reminded Kimberlé Crenshaw, a law professor at UCLA and Columbia Law School as well as a civil rights advocate, of the shooting of two New York Police Department officers. They were killed in the aftermath of the deaths of Eric Garner and Michael Brown in separate police incidents…"It may be paranoia but I'm remembering how quickly the mass demonstration in the Eric Garner case was silenced after two officers were killed," Crenshaw wrote in a public Facebook post.
 
CBC Radio—July 10
Two guests join Laura Lynch, to explore the profoundly troubling issues that lie beneath these events. Patricia Williams is James L. Dohr Professor of Law at Columbia University. She's the author of The Alchemy of Race and Rights and Seeing a Color Blind Future: The Paradox of Race. She is also a columnist with The Nation.
 
The Guardian—July 11
By Michael Gerrard
To prevent climate change that floods large portions of coastal cities, dooms small island nations and turns whole regions into deserts, we need to accelerate the transformation of the world’s energy economy away from fossil fuels…Hitting the brakes would send us over the cliff. Over we go if Donald Trump wins the election and carries through on his campaign promises. The effects on the global climate will persist not only for the four or eight years of his presidency, but for generations.
 
Slate—July 12
By Nathaniel Frank
Despite the Supreme Court having settled the question of whether same-sex couples can marry and, by extension, raise families, we continue to see research studies popping up that claim to find correlations between having same-sex parents and suffering from a variety of ailments including depression, anxiety, suicidality, problems with intimacy, and even risk of parental abuse.
 
McClatchy DC—July 12
Katherine Franke, a professor at the Columbia Law School in New York, told the committee that religious liberties in the United States “are already well protected” and Labrador’s bill would be unnecessary and harmful. She said it would “incapacitate the federal government from enforcing a wide range of laws, policies and regulations” now on the books.
 
NBC News—July 12
"Is it conceivable that a single woman with a child could be denied housing?" Rep. Bonnie Watson Coleman, Democrat from New Jersey, asked one of the other Democrats' witnesses, Columbia Law School Professor Katherine Franke. "That could happen every day," Franke replied. But, she added, "The landlord would have a defense under FADA."
 
The Washington Post—July 13
Katherine Franke, a Columbia Law School professor, provided a list of actions that federal officials would not be permitted to stop if the legislation becomes law. Among other things, the measure would prevent federal authorities from “enforcing the Fair Housing Act against a landlord that advertises that it will not rent to unmarried parents,” Franke said.
 
References to Franke’s testimony on FADA appeared in numerous other outlets.
 
Bloomberg BNA—July 13
“What the library needed was someone who knew how to run a business, in a sense, rather than look at this as a traditional scholarly position,” Philippa Loengard, a copyright law professor at Columbia University, told Bloomberg BNA.
 
Note: Loengard is a lecturer in law.
 
Foreign Affairs—July 13
By Debra L. Raskin and Anil Kalhan
Pressure is mounting on the United States to push the United Nations to respond more effectively to the cholera epidemic that broke out in Haiti in the aftermath of the 2010 earthquake. The epidemic has reportedly killed at least 9,200 and, by some estimates, perhaps as many as three times that number. Hundreds of thousands more have been infected. And the devastation isn’t over; Haiti continues to struggle to contain a disease that it had not previously faced for over a century.
 
Note: Raskin is a lecturer in law.
 
NPR—July 14
But a recent federal court ruling has advocates, researchers and the dissenting judge worried that sharing passwords, even in seemingly innocuous circumstances, could be considered illegal. That's because the anti-hacking law used is so vague that Columbia law professor Tim Wu called it "a nightmare for a country that calls itself free."
 
Evening Standard—July 14
By Philip Bobbitt
Many poor black communities in the US are caught in a silent double bind. If they embrace the zero-tolerance, “broken-windows,” stop-and-frisk paradigm that many proponents believe is responsible for dramatically reduced crime rates, they find their communities flooded with armed police, inevitably subjecting innocent, law-abiding persons to humiliation and mistreatment…But if these communities reject this method of intense police presence then crime, including murder, begins climbing rapidly in a gun-saturated culture.
 
The Diplomat—July 14
By Thomas E. Kellogg
On July 12, The Hague-based Permanent Court of Arbitration (PCA) issued a ruling on a case brought by the Philippines, holding that China’s expansive claims to much of the South China Sea were not valid under international law. The decision, which landed on the front page of newspapers around the world, represented a near-complete victory for the Philippines, and a strong challenge to China’s decades-long efforts to strengthen its hold over the Sea.
 
Note: Kellogg is a lecturer in law.
 
The Verge—July 14
In the letter, posted today to Medium, luminaries of Slack, Facebook, Instagram, and several other companies and organizations say that "Trump would be a disaster for innovation." Signers include high-profile names like Tim Wu, Steve Wozniak, Stewart Butterfield, Padmasree Warrior, Esther Dyson, and Ev Williams.
 
The Christian Science Monitor—July 14
"Ultimately, the issue is won or lost on the public level, not on the legal level, where we have to become familiar with what it means to be transgender," says Katherine Franke, the director of the Center for Gender & Sexuality Law at Columbia Law School in New York. "There's a tremendous anxiety around gender identity and what it means to be a man or a woman – which, in turn, are pretty fundamental questions."
 
Climate Central—July 15
Michael Burger, executive director of the Sabin Center for Climate Change Law at Columbia University, who is unaffiliated with the research, said the study’s conclusions show that protecting forests is a major focus of climate-related financial assistance even though countries base their decisions on politics, trade and other factors. “There is a clear tendency to favor financing forest preservation and preventing deforestation over direct investments in energy efficiency and renewable energy,” Burger said.
 
CNBC—July 15
More recently, an academic paper from Columbia Law School professor Tim Wu (a former FTC adviser) and Michael Luca of Harvard Business School showed that Google's search tactics "sacrifice product quality in the pursuit of the exclusion of its competitors." Yelp's data science team worked with Wu and Luca on the report.
 
ESPN—July 15
"Although racism and sexism readily intersect in the lives of real people, they seldom do in feminist and antiracist practices. And so, when practices expound identity as woman or person of color as an either/or proposition, they relegate the identity of women of color to a location that resists telling," Kimberlé Crenshaw, who co-founded and is executive director of the AAPF, wrote in her 1993 paper, "Mapping the Margins: Intersectionality, Identity Politics, and Violence Against Women of Color."
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July 16-31

 
MSNBC—July 16
By Jeffrey D. Sachs, Brooke Güven and Lisa Sachs
The Obama administration is still trying, against the odds, to push the Trans-Pacific Partnership trade and investment agreement (TPP) through the lame-duck session of Congress after the November presidential vote. The administration knows that TPP can’t pass before the election because both Hillary Clinton and Donald Trump oppose it; therefore, they are hoping for a stealth Senate vote between the election and inauguration of the new president in 2017. We can therefore “thank” TransCanada for reminding us why the TPP needs to be scuttled.
 
Note: Lisa Sachs is the Director of the Columbia Center on Sustainable Investment.
 
Politifact—July 17
Researchers at Columbia Law School reviewed scholarly works about the well-being of children living with gay or lesbian parents spanning the past three decades. The researchers found 78 relevant articles, and of those, 74 concluded that children of same-sex parents fare no worse than children of opposite-sex parents.
 
The Philadelphia Inquirer—July 20
Daniel Richman, a former federal prosecutor who teaches at Columbia Law School, said interviewing the son of a key witness raised troubling issues. "Out of an abundance of caution, many defense attorneys would tell their clients to stay far away from witnesses and their families, particularly when it comes to offering them things," Richman said.
 
WNYC—July 20
President Richard Nixon appointed Chief Justice Warren Burger in 1969. While his court has often been viewed as moderate, Michael Graetz, Professor of Law at Columbia Law School, and Pulitzer Prize-winning journalist Linda Greenhouse in their book The Burger Court and the Rise of the Judicial Right, reveal how it actually defined the conservative interpretation of the Constitution upheld by right-leaning justices today. 
 
Forbes—July 20
It is so easy to get lost in the weeds of tax policy. Nowhere is that more true than in the hyper-technical world of international tax that only a handful of economists and lawyers really understand. That’s why a recent short talk by Columbia University law professor Michael Graetz was so useful.
 
New York Law Journal—July 20
By John C. Coffee Jr.
In his Corporate Securities column, John C. Coffee Jr. of Columbia University Law School addresses the questions: Is a "takeover" or other control change at Internet Corporation for Assigned Names and Numbers (ICANN) likely, or even feasible, as a result of the proposed restructuring of ICANN? Can China, a private entrepreneur, or anyone else, "steal" control of ICANN?
 
Talking Points Memo—July 20
It’s unlawful for Trump’s company to give anything, including its staffers' time, to the presidential campaign for free. Staffers can volunteer their personal time to the campaign, but Richard Briffault, a campaign finance expert at Columbia Law, told TPM that resource sharing as minor as McIver using a Trump Organization computer to write the speech could be viewed as an illegal contribution.
 
The Journal News—July 20
Michael B. Gerrard, an attorney for Rye, sent a letter Monday demanding the county rescind its lead status for the project's environmental review – a move that would invalidate the agreement it reached with Standard.
 
Time—July 20
Kimberle Crenshaw, a civil-rights advocate and law professor known for her work on critical race theory and the development of intersectional theory, has described a legal framework that defines black women as a crash. Our existence at the intersection of two marginalized identities—being both female and African American—may lead the world to view us as still less than one, our identities the sum of two societal “negatives” in conflict with the dominant cultural norms. As an African American female with a disability, a wheelchair-riding quadriplegic, I exist as a triple threat to our society’s normative conceptions (white, male, able-bodied).
 
Roll Call—July 21
 That’s why African-American activists like Barbara Arnwine, founder of the Transformative Justice Coalition and adjunct professor at Columbia Law School, worry that the United States, touted by conservatives and liberals as a racial melting pot and example to the rest of the world, has hit a new “a low point.”  “We are in a terrible and retrogressive era,” Arnwine said. “Donald Trump’s campaign reminds me too much of clips I’ve seen of George Wallace.”  
 
Midwest Energy News—July 21
“The people who are opposing the investigation are spinning it as a threat to free speech,” said Michael Gerrard, director of the Sabin Center for Climate Change Law at Columbia University and a leading environmental law scholar. “I think that’s premature until we see what charges or claims might actually be brought. Obviously it would be inappropriate for an attorney general to take action against someone purely for disagreeing with scientific consensus on climate change.”
 
Bloomberg Law—July 22
Richard Briffault, a professor at Columbia University Law School, and Jennifer Clark, counsel for the Brennan Center’s Democracy Center, discuss a Texas Voter ID law. 
 
Playbill—July 22
The evening, co-sponsored by Columbia Law School, will consist of performances, Q&As and discussions of tangible ways in which we can actively promote change.
 
Note: Professor Kendall Thomas will be a featured guest.
 
The Hill—July 23
Michael Gerrard, director of the Sabin Center for Climate Change Law at Columbia University’s law school, agreed. “It’s hardly novel. There have been quite a few instances in recent years in which state attorneys general have hired lawyers on a contingent-fee basis to handle cases that have money damages,” he said. “There have been a number of cases challenging it. Most of those challenges have not succeeded.”
 
LawFare—July 23
Former State Department Deputy Legal Adviser Sue Biniaz, who has served as the Department's top environmental lawyer for more than twenty-five years and is now teaching at Columbia Law School, has written a fascinating new paper entitled "Comma But Differentiated Responsibilities: Punctuation and 30 Other Ways Negotiators Have Resolved Differences in the International Climate Change Regime," in which she describes some practical devices negotiators have used to reach international climate change agreements, from using the vague "inter alia" to strategic use of the comma.
 
Note: Biniaz is a lecturer in law.
 
The Record—July 24
Jennifer Rodgers, executive director of Columbia Law School’s Center for the Advancement of Public Integrity, said powerful people — particularly those operating within a culture of assumed impunity — do not always stop to think that what they are committing to email could be used against them. “It’s just part of the hubris of people who commit crimes,” Rodgers said. “They never think they are going to get caught.”
 
STAT—July 25
“I think the study is a noble but incomplete effort to address the question, in part owing to nothing that the researchers did, but simply because of the limitations of the data sets they use,” said Jeffrey Fagan, a professor at Columbia Law School who has long studied stop-and-frisk in New York City.
 
Town and Country—July 25
How [Robert Marcus’] golden parachute went over: "It's not unprecedented, but it is rare and troubling. There's something stunning about such big paydays for such a small amount of work," lamented Columbia Law School Professor Robert Jackson Jr. to the New York Times.
 
LawFare—July 26
By Jack Goldsmith and Matthew Waxman
President Obama’s approach to military intervention has generally emphasized stealthy and often long-distance warfare as an alternative to his predecessor’s heavy “boots on the ground” approach.  We review the executive branch legal interpretations used to justify “light-footprint” military actions.  Together these interpretations comprise a potent legal legacy that risks undermining important political checks.
 
Politico—July 26
A new paper from two Columbia Law School scholars defends the Education Department’s proposed language for supplement, not supplant — a Title I spending provision meant to ensure poor students get their fair share of state and local dollars. 
 
Note: The paper was written by Professor James S. Liebman and LL.M. graduate Michael Mbikiwa ’16. 
 
The New York Times—July 26
And, after a theater season with an unusually high number of black, Hispanic and Asian-American performers, some are using their visibility to call attention to issues: Next week, a group of performers and writers, including the six-time Tony winner Audra McDonald, will appear at Columbia Law School for an event to support the Black Lives Matter movement.
 
Forbes—July 27
According to the SEC, an individual seeking buyers for a company is soliciting buyers for a security, but Columbia University law professor John Coffee says that if the individual does it only once, that person would likely not be seen as being in the brokerage business. 
 
Associated Press—July 27
"There have been a distressing number of incidents in the U.S. and Canada with oil trains derailing or exploding, sometimes with catastrophic consequences, so cities certainly have a strong reason to regulate this kind of traffic," said Michael Gerrard, a professor and director of the Sabin Center for Climate Change Law at Columbia University. "Unfortunately, the jurisdiction over it is firmly centered on the federal government."
 
This article appeared in numerous publications across the country. 
 
New York Law Journal—July 27
Corporate governance experts were skeptical about the suit. Absent proof of corruption, judges are immune from being sued, Columbia Law School professor John Coffee pointed out.
 
Reuters—July 28
Charging Trump for his comments about Russia would “turn campaign fluff into a crime” and would be laughable, said Daniel Richman, a Columbia University law professor and former U.S. prosecutor.
 
The Christian Science Monitor—July 28
 In the world of intellectual property law, copyrights apply to original characters in a fixed and tangible medium (imagine Scarlett O’Hara or Sherlock Holmes). With Stephen Colbert’s similarities to “Stephen Colbert,” the persona, Columbia Law School’s Philippa Loengard tells the Monitor that the character is not copyrightable. It could be trademarked, she says, but trademarking that character would require Stephen Colbert’s permission, as the two share a name.
 
Note: Loengard is a lecturer in law.
 
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