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Columbia Law School In The News Faculty In The News Archives: Summer 2000
Prof. John Coffee was quoted in an article about the SEC's
efforts to draft rules on auditor independence. According to the article,
Prof. Coffee testified in July that he supports an "aggregate
limitation on non-audit services whose ceiling would be set in relation to
the auditing revenues from the client." He noted that such a role
would keep the auditing role paramount rather than becoming a loss leader
for other services. Mergers and Acquisitions Journal, September 1, 2000 Prof. David Schizer was quoted in an article titled "Few
Options on Cheney Option Problem." Discussing the possible conflict
of interest in how Dick Cheney handles his stock options in Halliburton,
the company he headed until become the Republican vice presidential
nominee, Prof. Schizer said, "It appears to me that the only sure
ways out would be for Halliburton's board to change the rules or for
Congress to change the tax law." He continued, "The irony is
that the derivatives position that leaves him with a neutral position
pretax leaves him with an economic after-tax interest in the stock going
down." According to the article, the Clinton administration has
indeed proposed a highly technical change in tax laws that would affect
Mr. Cheney's situation. Prof. Schizer said the proposed change would
effectively allow Mr. Cheney to offset his losses and gains from one
strategy, no matter how large they were, and thus lock in his profits now,
before and after taxes. The New York Times, August 26, 2000 Prof. Gerard Lynch '75 received special thanks for his work as a consultant to the independent counsel's inquiry into Interior Secretary Bruce Babbitt's 1997 congressional testimony about a proposed tribal casino in Wisconsin. Special Prosecutor Carol Elder Bruce thanked Prof. Lynch in her 484-page report, released August 22, which states that though there is circumstantial evidence that Mr. Babbitt lied, there is not enough proof to indict him. Star Tribune (Minneapolis, MN), August 23, 2000 Prof. John Coffee was quoted in an article titled "SEC Finishes Lazio Inquiry/Recommends No Action Against Congressman." The SEC's insider trading investigation into Rep. Lazio stemmed from a 600 percent profit he made with Quick & Reilly stock options in 1997, after buying the options just weeks before the company was taken over. Some argue that the SEC's findings don't necessarily mean Lazio is innocent. Prof. Coffee said, "To pursue the matter in court, they have to find some indication that he has material non-public information, which he denies. This is not the same thing as saying, 'He's definitely innocent.'" Prof. Coffee continued that most SEC inquiries, particularly those of the "suspicious trading variety," end without enforcement action when the agency is stymied in efforts to find corroboration of insider trading activity. Newsday, August 21, 2000 Asst. Dean Ellen Chapnick appeared on CNN to discuss the New York Times article about law firms cutting back on pro bono hours. Dean Chapnick said, "People feel, not too surprisingly, that if I'm paying you $130,000 a year, you should be earning as much of that back for the firm as you possibly can, in the form of billable hours, rather than doing pro bono work." CNN Today, August 21, 2000 Prof. Jim Liebman's report on rates of error in capital
sentencing was reported on/mentioned in the following: Prof. H. Richard Uviller was quoted in an article titled "Lawyers Say Drug War's Tactics Draw Addicts Into Serious Crimes." The article discussed the case of Steven Flowers, who was arrested for selling drugs to the police after he was approached by an undercover cop who gave him money to purchase the drugs for him. Legal Aid lawyers have criticized this tactic, saying it lures addicts into making drug deals and being arrested for crimes they may not otherwise have committed. Prof. Uviller said that agency cases "border on the metaphysical" because defendants like Mr. Flowers are, in some sense, both sellers and buyers. "A guy like this is brokering for both. There would be no sale if not for the buyer's instigation, but there would also be no sale if this guy didn't know where to get the drugs or how to make the deal." The New York Times, August 19, 2000 Prof. Jane Ginsburg was listed as one of many experts involved with the work-for-hire amendment issue being debated by the recording industry and musicians/artists. The article states that "the Artists' Coalition and legal representative Jay Cooper have run this language by some of the most respected legal scholars in the nation, including Jane Ginsburg, a venerable professor of intellectual property at Columbia University Law School...." Billboard, August 19, 2000 Dean David Leebron was quoted on Forbes.com, where he discussed the Firestone tire recall. Initially, Firestone announced that it would recall the tires in three phases, beginning with states where more than 80 percent of the problems had occurred. There was much negative reaction to this plan. Several days later, the company announced that the recall was in fact nationwide, but that there had been some confusion caused by their own statements -- a seeming change in emphasis. Dean Leebron said that potential liability plays a part in the change of tune, but less so than public relations concerns. The company will likely face lawsuits by motorists who suffered injuries while riding on the tires, he continued. If a tire were proved defective, the company would be strictly liable -- that is, regardless of negligence -- for resulting injuries in all 50 states. Any delay in effecting the recall could lead to punitive damages as well. "If the tires are really dangerous, it's not enough to say 'We don't have enough tires,'" Dean Leebron said. The company should replace the radials with other tiremakers' brands or with cash. Failure to do so could lead to punitive damages. More important, it could impact the willingness of consumers to buy Firestone tires or Ford Explorers that use them, he said. Dean Leebron faulted the company for not going national with the recall sooner. Forbes.com, August 18, 2000 Prof. Ronald Gilson was an expert witness for Visa in the credit card antitrust trial. An article titled "Visa Witness Warns Against Justice's Board Rule Proposal" states that in his testimony, Prof. Gilson said a Justice Department proposal would be highly disruptive to the industry. Prof. Gilson had submitted a report on the card industry earlier in the trial. According to the article, Prof. Gilson said in his testimony, "The process is changing, no question. The question is whether the government wants to impose regulatory" change on an industry. "If Visa tries to experiment (with exclusivity) and they don't like it, they can change it. With a court ruling this gets written in stone, and that is a very different process." The American Banker, August 16, 2000 Prof. John Coffee was quoted in an article titled "Bloomberg helps nab alleged cyber-extortionists," about two Kazaks who were arrested in London for hacking into the Bloomberg computer system. The U.S. is seeking their extradition. Prof. Coffee said, "This is further proof that cops vs. robbers, which used to be a neighborhood game, is now a global game. It's a classic legal doctrine: If your statements penetrate a jurisdiction, you become liable under the laws of that jurisdiction, even if you never physically go there. To a criminal lawyer, that's breathtaking." USA Today, August 15, 2000 Prof. Jim Liebman was quoted in a round-up article about the
U.S. Supreme Court's 74-case docket this year. Discussing a 5-4 count in
which the Court rejected a ruling by the 4th U.S. Circuit Court of Appeals
that said federal judges could overrule state courts only if all
"reasonable jurists" agreed the state court ruling was
unreasonable, Prof. Liebman said, "It's the first time they said
(federal judges) had to defer to anybody." He called the ruling
"incredibly important." New Jersey Law Journal, August 14,
2000 Prof. Richard Gardner was listed as a member of the Foreign Policy Group for Gore-Lieberman 2000, which participated in a meeting at the DNC sponsored by the National Democratic Institute for International Affairs, a Democratic Party subsidiary that promotes democracy abroad. National Journal's CongressDaily, August 14, 2000 Prof. John Coffee was quoted in another article about the SEC's adoption of Regulation FD, or the "fair disclosure" rule. The Philadelphia Inquirer, August 13, 2000 Prof. John Coffee was quoted in an article about Republican vice-presidential candidate Dick Cheney's retirement package from the Halliburton Company, where he has served as chairman and CEO for the past five years. The company's board voted to allow him to take an early retirement and leave with a package estimated at $20 million, rather than exercise an aspect of his contract that would penalize him for simply resigning without board permission before the retirement age of 62 (known as the "golden handcuff" clause). Prof. Coffee said that the Halliburton board was well within its legal powers in granting Mr. Cheney full retirement benefits before the date in his contract. "The purpose of such golden handcuffs is to keep an attractive executive from taking a competitive job in business," Prof. Coffee said. " I don't think you need to extend that concept to keep someone from becoming pope, vice president or chief justice." The New York Times, August 12, 2000 Dean Ellen Wayne was quoted extensively in an article titled "Pricey Grad Schools Don't Always Pay." The article discussed how many business school students are jumping ship to start their own dot-coms before earning their degrees, but law school applications are still climbing. Dean Wayne discussed this year's salary raises at law firms to prevent associates from defecting, as well as the new practice of lawyers benefiting from equity pools. International Herald Tribune, August 12, 2000 Prof. John Coffee was also quoted in an article about the approval of the fair disclosure rule. He said, "I believe the principal benefit of this will be to enforce the independence and objectivity of the securities analyst. Right now, corporate executives have a key weapon to hold over the securities analyst. An analyst, to remain competitive, has to get as much or more selective disclosure as his competitors." The New York Times, August 11, 2000 Dean David Leebron was quoted in an article titled "Phased recall may backfire, experts say," about the national recall of Firestone tires. Because they are short on replacement inventory, Firestone is recalling the faulty tires in stages, beginning with the warm-weather states where most of the accidents involving the product have occurred. "It's in Firestone's interest to get these tires off the road as quickly as possible," said Dean Leebron. "I think they run the risk of enhancing any possible punitive damages. It's not enough of an answer for Firestone to say, 'We don't have enough tires.'" USA Today, August 11, 2000 In another article on the fair disclosure rule, Prof. Goldschmid was described as "its chief architect." The article said that in drafting the rule, Prof. Goldschmid was "mindful of the difficulty of stopping the bad flow of information without chilling the good. That's why the rule won't allow plaintiff lawyers to use it to sue. It gives companies 24 hours to issue a press release and cure an unintentional leak. To be liable, executives would have to be extremely reckless in misjudging what is material. It specifically allows companies to give a resourceful analyst a piece of non-material information that completes an investment puzzle." Prof. Goldschmid said, "We don't want to preclude interviews, plant visits and talking to executives about products. We do want to preclude hardcore material information simply being turned over to a favored few." USA Today, August 10, 2000 Prof. Goldschmid also appeared on Nightly Business Report to discuss the rule after it was approved on August 10. He said, "No company executive ought to feel concerned about talking to analysts unless he or she is going to give this kind of hard core information, and that we don't want them to do." NPR Transcript, August 10, 2000 Prof. John Coffee was quoted in an article titled "Bear Stearns Settles Case Accusing It of Bad Advice." Two years ago, Bear Stearns was found negligent in its role as an adviser in an ill-fated takeover. The jury awarded shareholders $108 million in damages. This week, Bear Stearns settled the case for $30 million. Prof. Coffee, who testified as an expert witness in the original trial, said that lawyers for the creditors of Daisy Systems, a software company, had argued that Bear Stearns contributed to the failure of the companies by telling them that it was "highly confident" that it could line up financing for the highly leveraged transaction. When the firm failed to arrange bank loans, Daisy Systems had to borrow at interest rates higher than it could afford, Prof. Coffee said. The New York Times, August 8, 2000 Prof. Patricia Williams was mentioned in an article about the closing of the Institute on the Arts and Civic Dialogue, founded and directed by playwright and actor Anna Deavere Smith, at Harvard. Prof. Williams participated this year, performing a spoken-word piece with saxophonist Oliver Lake. The New York Times, August 7, 2000 Marianne T. Remedios '80 is now executive director of the Minnesota Higher Education Facilities Authority. Ms. Remedios has served as bond counsel to the organization for 10 years. The Bond Buyer, August 7, 2000 Prof. Harvey Goldschmid was quoted in several articles about the SEC's rule on fair disclosure (which was approved on August 10), which he helped draft while serving as general counsel at the Commission. "Right now the fear is that information is being given out selectively as a way of keeping analysts in check," said Prof. Goldschmid. "Fundamentally, for the average person, there will be a sense of the markets being fairer." The New York Times, August 4, 2000; The Milwaukee Journal Sentinel, August 6, 2000; International Herald Tribune, August 7, 2000 Kay R. Sherman '81 has joined the St. Louis office of Thompson Coburn LLP as Of Counsel in the Intellectual Property and Information Technology practice area. Press release, August 4, 2000 President Clinton appointed Bill Lann Lee '74 to serve as assistant attorney general for Civil Rights at the Department of Justice. Mr. Lann Lee has been acting assistant attorney general for Civil Rights, a position to which he was appointed on December 15, 1997, and to which he was re-elected twice in 1998. FDCH Federal Department and Agency Documents and U.S. Newswire, August 3, 2000, and M2 Presswire, August 4, 2000 Andres Martinez '92 has joined The New York Times as an editorial writer. Mr. Martinez was most recently an editorial writer at The Pittsburgh Post-Gazette. He also was a reporter for The Wall St. Journal, an author, a law clerk in Dallas for Federal District Judge Jerry Buchmeyer, and an associate at Verner, Liipfert, Bernhard, McPherson & Hand in Washington. The New York Times, August 3, 2000 Prof. John Coffee was quoted in an article about anonymous takeover bids. He said that new electronic media, and the looser rules, make it easier for smaller or unknown players to disseminate such offers, as well as unfounded rumors. Investor's Business Daily, August 3, 2000 Prof. Jim Liebman's report on rates of error in capital
sentencing was reported on/mentioned in the following: James Broadhead '63 was the subject of an article titled "The FPL-Entergy Deal; FPL's Top Man Made Hard Calls." Mr. Broadhead is chairman and CEO of Florida Power & Light. He stands to become chairman of the largest utility and power producer in the U.S. -- a new company that will be created out of a deal between FPL and Entergy Corp. of New Orleans. The Palm Beach Post, August 1, 2000 Stacy D. Phillips '83 will serve as a senior partner in the new Los Angeles firm Phillips, Lerner & Lauzon, which was created out of a reorganization of the firm Mannis & Phillips. Ms. Phillips, who represents high-profile clients such as celebrities and CEOs of Fortune 500 companies, was a senior partner in the original firm. In addition to her practice, she is a frequent lecturer and author, and co-authored State Senate Bill 924, which allows victims of domestic abuse the right to sue their abusers in civil court. PR Newswire, August 1, 2000 Marc Engel '85 has joined the Bethesda office of Lerch, Early & Brewer as partner. Mr. Engel was formerly a partner at Siskind, Grady, Rosen, Hoover & Levin. Legal Times, July 31, 2000 Prof. John Coffee was quoted in an article titled "Goldman's two roles on deal: no conflict here," about the company's role in the proposed merger of VoiceStream Wireless and Deutsche Telekom AG. Goldman serves as both an advisor to and investor in VoiceStream, a position that some say poses a potential conflict of interest. Prof. Coffee said, "Goldman had a bigger problem last year on the Mannesmann offer when they were on different sides of the same transaction." Mannesmann went on to sue Goldman for conflict of interest. Investment Dealers Digest, July 31, 2000 Prof. Richard Gardner authored an article titled "The One Percent Solution; Shirking the Cost of World Leadership," in which he addressed what he called the "fallacy that a successful U.S. foreign policy can be carried out with barely one percent of the federal budget." Foreign Affairs, July/August 2000 A 1996 Columbia Law Review article by Prof. Steven B. Epstein was quoted in an article about the debate over use of the motto "In God We Trust" in schools. In his article, Prof. Epstein wrote, "It would take an exceptionally creative argument to suggest that a national motto is not a government endorsement of the content of the motto or that the phrase 'In God We Trust' does not embrace religion and a monotheistic god. The legislative history of the various statutes spawning the motto merely serves to underscore its obvious purpose." The Denver Post, July 29, 2000 Prof. Mike Dorf hosted a live chat on CNN.com on July 27
to discuss Supreme Court appointments and the next president. The session
was part of CNN.com's Law Center site, which has a regular feature called
Law Chat (presented by FindLaw).
Prof. Jack Coffee was a guest on Nightly Business Report to discuss an SEC proposal to limit the activities of independent auditors. Referring to accounting firms that provide both independent auditing services and consulting services to the companies they audit -- a potential conflict of interest -- Prof. Coffee said, "And to the extent that happens, he becomes much more deferential to management and much more willing possibly to bend the numbers a little." NPR Transcripts, July 26, 2000 In a second article about the SEC's proposal, Prof. Coffee said that in addition to the increase in consulting, several recent legal developments make SEC actions necessary. He said new laws and court rulings have made it harder to bring lawsuits against accounting firms, meaning they face less liability for signing off on fraudulent financial reports. Thus, although accounting irregularity lawsuits remain common, accounting firms are rarely the defendants. The Washington Post, July 27, 2000 Prof. Harvey Goldschmid was quoted in an article titled
"Now appears to be the best of times for antitrust lawyers."
Prof. Goldschmid said, "There is more activity now than there was in
the '80s or early '90s, but it is warranted. We're not seeing the type of
activism of the 1960s when efficiency was too often disregarded and
matters like ease of entry were given too little weight." USA
Today, July 24, 2000 Prof. Jim Liebman's report on rates of error in capital
sentencing was reported on/mentioned in the following: Prof. John Coffee's comments on the case of Harvey Houtkin were rebroadcast on CNN's show "Ahead of the Curve" on July 18, 2000 (see In the News, July 18, 2000 for first reference). Prof. John Coffee appeared on CNN to discuss Harvey Houtkin, whose day trading firm has been charged with misconduct by the NASD. Prof. Coffee said, "I believe not only the NASD, but the SEC and state regulators, are concerned that this is an industry that's gotten in over its head and has sucked in a large number of basically middle-income investors with the promise that this was a low-risk way of making a great deal of money." CNN Transcripts: Moneyline, Moneyline News Hour, and Digital Jam (July 17, 2000); Ahead of the Curve (July 18, 2000) Prof. Eben Moglen was a guest on NPR's Morning Edition, where he discussed the trial of Eric Corley, an Internet journalist accused of using his web site to distribute software that allows users to crack the anti-copying code of DVDs. Mr. Corley is being sued by eight major motion picture companies. A programmer for Linux, Jon Johansen, was also involved in descrambling the code and making it accessible for free on the web. Prof. Moglen said, "What Johansen was adding was the part that understood how to descramble DVD content. The studios responded that this was primarily a tool of piracy.... The use of technical means somehow extinguishes the consumers' power to do anything with the content that the maker of that content doesn't like. And a world in which the only fair use of content is use permitted by the guy who makes it, is a very different world from the world that we have all grown up living in." NPR Transcripts, July 17, 2000 Prof. Harvey Goldschmid's comments in the New York Times on June 11 (regarding the changing face of antitrust regulation) were reprinted in a Forbes magazine article titled "Justice Brandeis Vs. B2B." The article said, "To rein in a market that offers such obvious advantages to consumers and businesses based on some Brandeis nostalgia for small shopkeepers would exact 'a terrible efficiency price in terms of technological innovation and global competitiveness,' in the wise words of Harvey J. Goldschmid, an antitrust professor at Columbia Law School." Forbes, July 17, 2000 Prof. John Coffee was quoted in several publications about the $145 billion tobacco class-action verdict handed down on July 14. Prof. Coffee said, "There is no way a judgment can be levied until the appeal process is concluded...and that could take years." Financial Times (London), St. Petersburg Times, Dayton Daily News, Sun-Sentinel (Ft. Lauderdale, FL), and The Deseret News (Salt Lake City, UT), July 15, 2000; Chicago Tribune, July 16, 2000 Prof. Richard Gardner's role as a foreign policy adviser to Vice
President Gore was also mentioned in The Washington Times, July 16,
2000 (see In the News, July 14, 2000 for first reference). Prof. Richard N. Gardner was named as a member of Vice President Al Gore's foreign policy advisory team in an article titled "Gore's Foreign Policy Long Term, But Unsettled." Chicago Tribune, July 14, 2000 Prof. Jeffrey Gordon was quoted in an article titled
"Sprint, WorldCom plan official end to defeated merger." Prof.
Gordon said, "It's costly to the shareholders both because of
dilution and because the golden handcuffs have slipped off. That could put
a lot of pressure on Sprint to find a new suitor fast." USA Today,
July 13, 2000 Prof. Jack Coffee was quoted in an article titled "7 Is No Lucky Number for Divine; Doubts About Deal Growing After IPO Put Off Again." The article discussed the seventh delay of an IPO by Divine Interventures Inc. because of slumps in technology stocks and the "excessive publicity" by the company's CEO. Prof. Coffee said the SEC typically pushes back offerings when corporate executives tout their firms beyond what is filed in their prospectuses with the commission. Chicago Tribune, July 11, 2000 Prof. Jack Coffee was quoted in an article titled "Criticism of 'Quiet Period' Gets Louder," about securities laws designed to prevent insiders from disclosing information during the IPO process. Discussing the case of Webvan Group, Inc., which had to delay its offering last year due to publicity, Prof. Coffee said, "Webvan shows the SEC is still willing to enforce the rules on the books. If the SEC thinks you've violated the quiet period, they invoke gun-jumping rules that make you hold the IPO for a cooling off period." Chicago Tribune, July 8, 2000 Prof. Jim Liebman's report on rates of error in capital sentencing was reported on/mentioned in the following: July 5 & 6, 2000 July 11, 2000 Prof. John Coffee authored an article titled "Electronic Media" about what he calls the SEC's "ducking and delaying resolution of more serious questions" about the Internet and electronic communications. The National Law Journal, July 3, 2000 Prof. John Coffee was mentioned and quoted in an article about
the litigation involving H & R Block, which was accused of marketing
advances on customers' tax refunds at annual interest rates as high as
250%. Block is expected to resolve the litigation without admitting any
wrongdoing. Prof. Coffee has been retained as an expert by attorneys
opposing the settlement. He calls the proposed deal "pathologically
flawed" and contrary to two recent U.S. Supreme Court rulings on
fairness in class action settlements. The New York Times, July 2, 2000 Prof. Debra Livingston was quoted in an article titled "Investigations Show What Louisville Can Expect; Police under eye of Justice" about ongoing Justice Department investigations of civil rights violations by police. The Justice Department is conducting its investigations under a 1994 federal law that allows the government to sue for changes if it determines that there is a "pattern or practice" of police violating the civil rights of citizens. Prof. Livingston said the federal government only wants law-enforcement agencies to make it easier for citizens to file complaints and for police to investigate the complaints more thoroughly. The law may encourage police departments to reform and adopt such changes on their own -- either in support of the ideas or because they want to head off federal monitoring, she continued. But, Prof. Livingston acknowledged that officers may be so demoralized at being labeled abusive and untrustworthy that they will refuse to cooperate and perform less effectively. "There's both potential and peril with this statute," she said. The Courier-Journal (Louisville, KY), July 2, 2000 Prof. Patricia Williams authored a letter in The New York Times in response to the paper's continuing series, "How Race is Lived in America." Prof. Williams' letter was included in an editorial section titled "A Conversation on Race; America, Seen Through the Filter of Race," which featured letters from various academics, business people and public figures. The New York Times, July 2, 2000 Prof. Jane Ginsburg is interviewed in an article titled "intellectual Property in the Cyber Age" in the Summer 2000 issue of Columbia (the university's magazine). Prof. Jim Liebman's report on rates of error in death penalty
convictions was reported on/mentioned in the following: Prof. Philip Genty was mentioned in an article titled "The Incarcerated Mothers Legal Project," for which he and the Prisoners and Families Clinic provide training and materials to volunteer lawyers. Pro Bono Digest, June 30, 2000 Prof. Patricia Williams will collaborate with saxophonist Oliver Lake on a performance piece based on her writings at The Institute on the Arts & Civic Dialogue's 2000 summer session in Cambridge, MA. The Boston Globe, June 30, 2000 Prof. Jack Coffee was quoted in articles about Thomas Hanley, an influential bank analyst fined $75,000 for incorrectly forecasting a bank merger three years ago. Prof. Coffee said, "There's an old saying: 'bad information drives out the good.'" He continued, "If you allow people" to spread false rumors as fact, "you will get more bad information than good information affecting the marketplace." The Wall St. Journal, June 29, 2000, and The Wall St. Journal Europe, June 30, 2000 Prof. Harvey Goldschmid was quoted in an article titled
"The Great Antitrust Debate." The article discusses whether
antitrust will continue to play a limited role in economic policy, or
whether it will become a key defender of innovation and innovative firms
in the new economy. Prof. Goldschmid said, "Even on relatively easy
stuff like price, there is still a lot of debate. But you can get
research, and over time reach a consensus. You may get the same consensus
over time on innovation." Business Week, June 26, 2000 Prof. Jack Coffee was quoted in an article about Willie E. Gary,
the attorney who recently signed on to represent black Coca-Cola employees
in their discrimination case against the company. His role in the case has
come under criticism because he owns a cable company that has signed an
advertising deal with Coke. Prof. Goldschmid said, "It's not a matter
of which he cares about more. It's that the interests overlap." The
New York Times, June 24, 2000 Prof. Jim Liebman's report on rates of error in death penalty
convictions was mentioned/covered in the following publications: June 27, 2000 June 25, 2000 June 23, 2000 June 22, 2000 June 21, 2000 June 20, 2000 June 19, 2000 June 18 Also on June 20, Florida Governor Jeb Bush authored a response
to the report in the Sun-Sentinel (Ft. Lauderdale, FL).
Prof. Harvey Goldschmid was quoted in an article titled "A Geek Tragedy; Wrong attitude. Wrong strategy. Wrong lawyers. But it probably can't get any worse" about the Microsoft antitrust ruling. Discussing the likely appeal by Microsoft and the possibility of the case appearing before the Supreme Court, Prof. Goldschmid said, "The Supreme Court is probably a more favorable forum for the government." Fortune, June 26, 2000 Prof. Louis Henkin was quoted in an editorial piece about the
11th Circuit Court's decision to send Elian Gonzalez home and what the
ruling says about U.S. immigration law. The author quoted a 1987 work in
which Prof. Henkin wrote, "Chinese Exclusion -- its very name is an
embarrassment -- must go." Legal Times, June 19, 2000 Prof. Vivian Berger authored a column in the National Law Journal titled "The youth-crime scare." National Law Journal, June 19, 2000 Prof. Jack Coffee was quoted in an article titled "Lazio
Earned Profit on Stock in Firm Run by Contributors." In 1997,
Congressman Lazio invested in stock options of a company controlled by
some of his biggest campaign contributors. The investment paid a roughly
600 percent gain when the company was taken over shortly thereafter.
Before knowing that the subject was a Congressman, Prof. Coffee said,
"This is the kind of thing that an enforcer would say 'There is a lot
of smoke here, and I should be looking for fire.'" After learning who
made the trades, Prof. Coffee said, "From the standpoint of a public
official, purchasing 90-day options is very risky" to his reputation.
The New York Times, June 16, 2000 Prof. Jim Liebman's report on the state of capital sentencing was also reported in USA Today and on M2 Presswire on June 16, 2000 An announcement of Prof. Patricia Williams receipt of a MacArthur Fellowship also appeared in the International Herald Tribune on June 15, 2000 (see other references in In the News, June 15, 2000). Prof. Jack Coffee was quoted in an article titled "Swindlers Use Old, New Tricks" about the arrests this week in one of the largest cases of securities fraud. The perpetrators in the $50 million scam used cold-calling and the Internet to reach their victims. Prof. Coffee said that a real symptom of fraud is when a caller is unable to provide any written information. "I don't think you should take a cold call," he said. Newsday (NY), June 15, 2000 Prof. Jim Liebman's report, "A Broken System: Error Rates
in Capital Cases, 1973-1995," was released on Monday, June 12. The
report, which documents an alarming rate of prejudicial, serious and
reversible error in capital sentencing -- in 68 percent, or nearly 7 of
every 10 of the 4,578 cases reviewed -- was covered extensively in the
national media, including: Prof. Liebman is also scheduled / on hold for future bookings
on: ABC This Week with Sam Donaldson and Cokie Roberts, Sunday Prof. Patricia Williams was named one of 25 MacArthur Foundation Fellows on June 14, 2000. The Fellows each receive $500,000 over five years to use at their discretion and with "no strings attached." Prof. Williams was described by the Foundation as "a thoughtful commentator on race and racism in America. An interdisciplinary scholar and public intellectual, she approaches issues of law and social justice in novel ways." The Foundation's press release went on to say that Prof. Williams' "essays and columns have challenged what many take for granted in our society, particularly with regard to cultural constructs of race and gender." Fellows are selected by anonymous nominators and judges who keep the process a secret until the final names are chosen and the awardees are notified by telephone. (Multiple articles in national media) Prof. John Coffee's comments regarding the $111.5 million
judgment against Bear Stearns (see In the News, June 1, 2000) appeared in
the Financial Times (London) on June 12, 2000. Prof. Harvey Goldschmid was quoted in an article titled "The Nation: 800-Pound Gorillas; Oligopoly." Discussing the trend toward major corporate mergers and oversized companies, Prof. Goldschmid said, "We can't go back to a Jeffersonian world or a literal Brandeis concern about human-sized institutions because we'd pay a terrible efficiency price in terms of technological innovation and global competitiveness. The trick is take account of the modern needs for efficiency but still use antitrust to give us workably competitive markets." The New York Times (Week in Review section), June 11, 2000 Prof. Harvey Goldschmid was quoted in an article titled "Microsoft puts wrinkle in long-established antitrust principles." "If we had left AT&T where it was," he said, "we'd have a stodgy, non-dynamic telecommunications world today, and we'd never even know what we were missing." Breaking up Microsoft "is not like breaking up two factories," Prof. Goldschmid continued. "A breakup may well be the appropriate remedy, but the tough part is that there is a heavy investment in human capital, and breaking up Microsoft means changing things for a lot of people." Milwaukee Journal Sentinel, June 11, 2000 Prof. Richard Gardner's participation in a conference in
Cernobbio, Italy was reported in The Washington Post and the Pittsburgh
Post-Gazette. According to the article, Prof. Gardner said at the
conference that free traders like himself needed to acknowledge the
tensions in their own positions. According to the article, Prof. Gardner
asked who would adjudicate when intellectual property and free trade rules
are applied to pharmaceuticals and sick people in the Third World can't
afford life-saving drugs? He also asked what rules would be used by a
global system to determine the difference between expropriation and
reasonable regulation. The Washington Post and The Pittsburgh
Post-Gazette, June 6, 2000 Assistant Dean Ellen Wayne wrote an article titled "No Offer Received? Spot the Hints, Use the Experience" for a special supplement for summer associates included in the New York Law Journal on June 5th. Prof. Richard Gardner's participation in a conference in Cernobbio, Italy was also reported in The Houston Chronicle on June 6, 2000 (see In the News, June 5, 2000). Prof. John Coffee appeared on CNN's "Moneyline" to discuss the status of the Microsoft antitrust case. CNN Transcripts, June 5, 2000 Adjunct Professor Giuliano Amato '63 MCL was quoted in an article about Russian President Vladimir Putin's visit to Italy. Mr. Amato is currently prime minister of Italy. The International Herald Tribune (June 3, 2000); The Washington Post and The Denver Post (June 4, 2000) Prof. John Coffee appeared on CNN's "Street Sweep" to discuss the status of the Microsoft antitrust case. CNN Transcripts, June 1, 2000 Archives
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