Faculty Experts on Supreme Court Docket - January 2009

Columbia Law School Experts Available for Comment on Supreme Court Docket
Session Begins Today, January 12, 2009


Media Contact: Erin St. John Kelly, 212-854-1453, [email protected]
Public Affairs Office, 212-854-2650 [email protected]

NEW YORK, January 12, 2009 — Columbia Law School faculty legal experts and scholars in areas including voting rights, diversity and environmental law are available to discuss many of the cases before the United States Supreme Court this session. Some faculty members are involved in the cases being heard, as indicated.

Reporters can contact faculty directly using the numbers below or set up interviews through Columbia Law School’s Public Affairs office at 212-854-2650.

Columbia Law School also has a TV and radio studio on campus equipped with IFB and ISDN lines. Reporters or producers wishing to schedule live or taped interviews can contact the Law School’s Public Affairs office at 212-854-2650.

January 12
Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, et al. and Alaska v. Southeast Alaska Conservation Council, et al. (07-984/07-990)
·    Michael B. Gerrard (212-854-3287 or [email protected]) is director of the Center for Climate Change Law at Columbia Law School.  From 1979 through 2008 he practiced environmental law in New York, most recently as managing partner of the New York office of Arnold & Porter LLP. Upon joining the Columbia law faculty, he became Senior Counsel to the firm.  His practice involved trying numerous cases and arguing many appeals in federal and state courts and administrative tribunals, handling the environmental aspects of numerous transactions and development projects, and providing regulatory compliance advice to a wide variety of clients in the private and public sectors.

Harbison v. Bell (07-8521)
·    Philip Genty's (212-854-3250 or [email protected]) research and teaching focus on prisoners' rights, family law, professional responsibility, clinical education and appellate advocacy. He directs the Law School’s Prisoners and Families Clinic, whose primary focus is preserving ties between incarcerated people and their families to ensure successful reunification. Prior to entering teaching, he worked as an attorney at Prisoners’ Legal Services of New York; the New York City Department of Housing, Preservation and Development; and the Bedford-Stuyvesant Community Legal Services Corporation. Genty helped develop the Incarcerated Mothers Legal Project and has served as a trainer and consultant to many advocacy organizations.

January 13
Montejo v. Louisiana (07-1529)
·    Daniel Richman (212-854-9370 or [email protected]) teaches courses in criminal procedure, evidence and federal criminal law. He is former Chief Appellate Attorney and Assistant United States Attorney, Southern District of New York (1987-92) and has consulted for the Department of Justice, Office of the Inspector General (1997-2000). He also has served as chairman of the Local Conditional Release Commission for the City of New York (2004-05), and member of Governor Spitzer's Homeland Security Policy Advisory Committee (2006). Richman clerked for Justice Thurgood Marshall and Chief Judge Wilfred Feinberg.

Vermont v. Brillon (08-88)
·     Daniel Richman (212-854-9370 or [email protected]) teaches courses in criminal procedure, evidence and federal criminal law. He is former Chief Appellate Attorney and Assistant United States Attorney, Southern District of New York (1987-92) and has consulted for the Department of Justice, Office of the Inspector General (1997-2000). He also has served as chairman of the Local Conditional Release Commission for the City of New York (2004-05), and member of Governor Spitzer's Homeland Security Policy Advisory Committee (2006). Richman clerked for Justice Thurgood Marshall and Chief Judge Wilfred Feinberg.

Knowles v. Mirzayance (07-1315)
·    Jeffrey Fagan (212-854-2624 or [email protected]) is co-director of the Law School’s Center for Crime, Community and Law, and has conducted research on law and social policy since 1976. He speaks regularly to the media about criminal law. He has served on the National Academy of Sciences’ Panel on Policing, and served on the Committee on Law and Justice of the National Research Council. He is on the MacArthur Research Network on Juvenile Justice, and a member of the New York State Governor’s Task Force on Juvenile Justice.
·    Philip Genty's (212-854-3250 or [email protected]) research and teaching focus on prisoners' rights, family law, professional responsibility, clinical education and appellate advocacy. He directs the Law School’s Prisoners and Families Clinic, whose primary focus is preserving ties between incarcerated people and their families to ensure successful reunification. Prior to entering teaching, he worked as an attorney at Prisoners’ Legal Services of New York; the New York City Department of Housing, Preservation and Development; and the Bedford-Stuyvesant Community Legal Services Corporation. Genty helped develop the Incarcerated Mothers Legal Project and has served as a trainer and consultant to many advocacy organizations.

January 14
Puckett v. United States (07-9712)
·     Daniel Richman (212-854-9370 or [email protected]) teaches courses in criminal procedure, evidence and federal criminal law. He is former Chief Appellate Attorney and Assistant United States Attorney, Southern District of New York (1987-92) and has consulted for the Department of Justice, Office of the Inspector General (1997-2000). He also has served as chairman of the Local Conditional Release Commission for the City of New York (2004-05), and member of Governor Spitzer's Homeland Security Policy Advisory Committee (2006). Richman clerked for Justice Thurgood Marshall and Chief Judge Wilfred Feinberg.

Boyle v. United States (07-1309)
·    John Coffee (212-854-2833 or [email protected]) is one of the preeminent thinkers on corporate law and corporate governance. He has served as an expert witness on corporate matters in numerous cases and testified before Congress on such topics as the subprime crisis, credit rating agencies and corporate accounting scandals. Coffee also serves as director of Columbia Law School's Center on Corporate Governance. The National Law Journal has listed him as one of the 100 most influential lawyers in the U.S.
·     Daniel Richman (212-854-9370 or [email protected]) teaches courses in criminal procedure, evidence and federal criminal law. He is former Chief Appellate Attorney and Assistant United States Attorney, Southern District of New York (1987-92) and has consulted for the Department of Justice, Office of the Inspector General (1997-2000). He also has served as chairman of the Local Conditional Release Commission for the City of New York (2004-05), and member of Governor Spitzer's Homeland Security Policy Advisory Committee (2006). Richman clerked for Justice Thurgood Marshall and Chief Judge Wilfred Feinberg.

January 21
Kansas v. Ventris (07-1356)
·    Jeffrey Fagan (212-854-2624 or [email protected]) is co-director of the Law School’s Center for Crime, Community and Law, and has conducted research on law and social policy since 1976. He speaks regularly to the media about criminal law. He has served on the National Academy of Sciences’ Panel on Policing, and served on the Committee on Law and Justice of the National Research Council. He is on the MacArthur Research Network on Juvenile Justice, and a member of the New York State Governor’s Task Force on Juvenile Justice.

February 24
Burlington Northern and Santa Fe Railway Company, et al. v. United States; Shell Oil Company v. United States (07-1601; 07-1607)
·    Michael B. Gerrard (212-854-3287 or [email protected]) is director of the Center for Climate Change Law at Columbia Law School.  From 1979 through 2008 he practiced environmental law in New York, most recently as managing partner of the New York office of Arnold & Porter LLP. Upon joining the Columbia law faculty, he became Senior Counsel to the firm.  His practice involved trying numerous cases and arguing many appeals in federal and state courts and administrative tribunals, handling the environmental aspects of numerous transactions and development projects, and providing regulatory compliance advice to a wide variety of clients in the private and public sectors.

Carlsbad Technology, Inc. v. HIF Bio, Inc. (07-1437)
·   Philip Genty's (212-854-3250 or [email protected]) research and teaching focus on prisoners' rights, family law, professional responsibility, clinical education and appellate advocacy. He directs the Law School’s Prisoners and Families Clinic, whose primary focus is preserving ties between incarcerated people and their families to ensure successful reunification. Prior to entering teaching, he worked as an attorney at Prisoners’ Legal Services of New York; the New York City Department of Housing, Preservation and Development; and the Bedford-Stuyvesant Community Legal Services Corporation. Genty helped develop the Incarcerated Mothers Legal Project and has served as a trainer and consultant to many advocacy organizations.

February 25
Flores-Figueroa v. United States (08-108)
·     Daniel Richman (212-854-9370 or [email protected]) teaches courses in criminal procedure, evidence and federal criminal law. He is former Chief Appellate Attorney and Assistant United States Attorney, Southern District of New York (1987-92) and has consulted for the Department of Justice, Office of the Inspector General (1997-2000). He also has served as chairman of the Local Conditional Release Commission for the City of New York (2004-05), and member of Governor Spitzer's Homeland Security Policy Advisory Committee (2006). Richman clerked for Justice Thurgood Marshall and Chief Judge Wilfred Feinberg.

March 2
District Attorney's Office for the Third Judicial District, et al. v. Osborne (08-6)
·     Daniel Richman (212-854-9370 or [email protected]) teaches courses in criminal procedure, evidence and federal criminal law. He is former Chief Appellate Attorney and Assistant United States Attorney, Southern District of New York (1987-92) and has consulted for the Department of Justice, Office of the Inspector General (1997-2000). He also has served as chairman of the Local Conditional Release Commission for the City of New York (2004-05), and member of Governor Spitzer's Homeland Security Policy Advisory Committee (2006). Richman clerked for Justice Thurgood Marshall and Chief Judge Wilfred Feinberg.

March 3
Caperton v. A.T. Massey Coal Company, Inc., et al. (08-22)
·    Richard Briffault (212-854-2638 or [email protected]) is an expert on campaign finance law. He was executive director of the Special Commission on Campaign Finance Reform of the Association of the Bar of the City of New York from 1998-2000. He filed briefs with the Supreme Court and other federal courts on campaign finance issues. Briffault is also an expert on state and local government law. He was assistant counsel to the Governor of New York from 1980-82.
·    Philip Genty's (212-854-3250 or [email protected]) research and teaching focus on prisoners' rights, family law, professional responsibility, clinical education and appellate advocacy. He directs the Law School’s Prisoners and Families Clinic, whose primary focus is preserving ties between incarcerated people and their families to ensure successful reunification. Prior to entering teaching, he worked as an attorney at Prisoners’ Legal Services of New York; the New York City Department of Housing, Preservation and Development; and the Bedford-Stuyvesant Community Legal Services Corporation. Genty helped develop the Incarcerated Mothers Legal Project and has served as a trainer and consultant to many advocacy organizations.
·    Nathaniel Persily (917-570-3223 or [email protected]) is Professor Law and Political Science and Director of the Center on Law and Politics at Columbia Law School. He has been a court-appointed expert for redistricting cases in Georgia, Maryland and New York, and has served as an expert witness or outside counsel in similar cases in California and Florida. Persily testified before the Senate Judiciary Committee in their hearings concerning the 2006 reauthorization of the Voting Rights Act.

Arthur Andersen LLP, et al. v. Carlisle, et al. (08-146)
·    George Bermann (212-854-4258 or [email protected]) is an expert in international commercial arbitration. He teaches comparative law, transnational litigation and arbitration, European law, EU Law, international trade contracts, WTO trade resolution, government and public official liability and administrative law. He is the director of European Legal Studies at Columbia Law School, member of the Academic Council, Institute for Transnational Arbitration, and Chief Reporter of the ALI Restatement of the U.S. Law of International Commercial Arbitration.

Unscheduled

Northwest Austin Municipal Utility District Number One v. Holder, Attorney General, et al. (08-322)
·    Nathaniel Persily (917-570-3223 or [email protected]) is Professor of Law and Political Science and Director of the Center on Law and Politics at Columbia Law School. He has been a court-appointed expert for redistricting cases in Georgia, Maryland and New York, and has served as an expert witness or outside counsel in similar cases in California and Florida. Persily testified before the Senate Judiciary Committee in their hearings concerning the 2006 reauthorization of the Voting Rights Act.

“The Supreme Court today agreed to hear a constitutional challenge to the Voting Rights Act.  This case represents the Roberts Court's most significant consideration of states' rights arguments, and in fact, the most significant for the Supreme Court in decades.  If the Court strikes down the law, the decision will represent one of the most significant examples of aggressive judicial review of civil rights legislation in the Court's history.  Indeed, the Court has not struck down federal legislation of this scope and significance arguably since the New Deal. Moreover, coming as it does on the heels of the election of the nation's first African American president, the Court's consideration of the issues of racial politics undergirding the VRA could not be more constitutionally or historically significant,” he said when this case was admitted on January 9, 2009.
 
The district court that issued the decision the Supreme Court will review, has asked the parties to respond to Persily's article.  Persily's reply to their arguments can be found at the following link: http://yalelawjournal.org/content/view/678/14/. His article in the Yale Law Journal – “The Promises and Pitfalls of the New Voting Rights Act” – is available at the following link: http://yalelawjournal.org/images/pdfs/606.pdf.


Ricci, et al. v. DeStefano, et al. (07-1428 and 08-328)
·    Susan Sturm (212-854-0062 or [email protected]) is a founding co-director of the Center for Institutional and Social Change at Columbia Law School, and a founding member of the Presidential Advisory Committee on Diversity at Columbia University. Her research and teaching focus on institutional change, structural inequality in employment and higher education, employment discrimination, public law remedies, conflict resolution and civil procedure. Sturm has developed a website with Lani Guinier, www.racetalks.org, on building multiracial learning communities.  

Horne v. Flores; Speaker of the Arizona House of Representatives v. Flores (08-289 and 08-294)
·    Susan Sturm (212-854-0062 or [email protected]) is a founding co-director of the Center for Institutional and Social Change at Columbia Law School, and a founding member of the Presidential Advisory Committee on Diversity at Columbia University. Her research and teaching focus on institutional change, structural inequality in employment and higher education, employment discrimination, public law remedies, conflict resolution and civil procedure. Sturm has developed a website with Lani Guinier, www.racetalks.org, on building multiracial learning communities.  

Citizens United v. Federal Election Commission (08-205)
·    Richard Briffault (212-854-2638 or [email protected]) is an expert on campaign finance law. He was executive director of the Special Commission on Campaign Finance Reform of the Association of the Bar of the City of New York from 1998-2000. He filed briefs with the Supreme Court and other federal courts on campaign finance issues. Briffault is also an expert on state and local government law. He was assistant counsel to the Governor of New York from 1980-82.
·    Nathaniel Persily (917-570-3223 or na[email protected]) filed an amicus brief in this case. Persily is Professor Law and Political Science and Director of the Center on Law and Politics at Columbia Law School. He has been a court-appointed expert for redistricting cases in Georgia, Maryland and New York, and has served as an expert witness or outside counsel in similar cases in California and Florida. Persily testified before the Senate Judiciary Committee in their hearings concerning the 2006 reauthorization of the Voting Rights Act.

al-Marri v. Pucciarelli (08-368)
·    Sarah Cleveland (212-854-2651 or [email protected]) is an expert in international human and the constitutional law of foreign relations. She co-directs the Law School’s Human Rights Institute. She has testified before Congress on the relevance of international law in constitutional interpretation and has been involved in human rights litigation in U.S. courts and before the Inter-American Court of Human Rights.
·    Matthew Waxman (212-854-0592 or [email protected]) has served in several national security policy positions. He has worked as a senior official at the National Security Council, Defense Department and State Department. From 2004 to 2005 he was Deputy Assistant Secretary of Defense for Detainee Affairs, created after the Abu Ghraib prison crisis to improve U.S. military detention policy. He recently told a Congressional committee that Guantánamo should be closed. He was also Principal Deputy Director of the Secretary of State’s Policy Planning Staff from 2005 to 2007. Waxman is an adjunct senior fellow at the Council on Foreign Relations.

To find Columbia Law School experts on cases argued during the fall 2008 term: http://www.law.columbia.edu/media_inquiries/news_events/2008/october2008/scotus08.

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