2009

Washingtonian, “Top Lawyers”
By Kashmir Hill and David Lat
December 2009

 

NYLS Faculty: Professor Cameron Stracher
Subject: Top Lawyers

Would you pay $1,000 an hour for this man’s time? The best legal talent doesn’t come cheap—here’s why lawyers make what they do, how they make partner (or don’t), plus the top 1 percent of the area’s 80,000 attorneys.

One Chance to Get It Right

…To be a lawyer, one must go to law school. The practice of law is a monopoly, essentially restricted to holders of law degrees who have passed the bar exam and satisfy other requirements for bar admission. That barrier to entry, coupled with the fear people encounter when they have to deal with the legal system, means lawyers can charge a lot.

…‘Lawyers beget lawyers,’ says New York Law School professor Cameron Stracher. ‘When one side lawyers up, the other one needs to do the same. It’s like nuclear deterrence in a way.’

Bill $250 but Pay Only $35

…Both surgeons and lawyers perform high-stress, high-stakes work. Lawyers, like some doctors, make sacrifices in their personal lives in exchange for big payouts.

…‘Corporate lawyers are essentially selling their souls for a large sum of money,’ says law professor Cameron Stracher, a former Covington & Burling associate and the author of Double Billing, a novel chronicling the misery of being a corporate attorney. Lawyers at large firms are ‘expected to be on call 24/7.’”

To read the article in full, click here.

Publishers Weekly “The Google Settlement: Why It Matters”
By James Grimmelmann
November 23, 2009

 

NYLS Faculty: Professor James Grimmelmann
Subject: The Google Book Search Settlement

“The Google Book Search Settlement, which was amended November 13, is a big document and a big deal: $125 million and a dramatic shift in copyright law. Having spent the last year studying the settlement and writing about it, I’d like to explain why it matters so much. On Google’s home turf—search—what it does is almost wholly good. When search engines work right, they empower users to seek out whatever they want to learn. That’s the exact opposite of broadcasting, in which a few big speakers choose what everyone else hears. In a world where everyone can self-publish, search engines turn what would otherwise be deafening cacophony into the best party ever, where every guest can instantly join the conversation that most interests them. That’s good for freedom, and good for democracy. Building better search engines is a moral imperative.”

To view the article in full, click here.

Library Journal, “Revised Google Settlement Offers Minor Changes on Antitrust Issue, No Response on Library Pricing”
By Norman Oder
November 14, 2009

 

NYLS Faculty: Professor James Grimmelmann
Subject: Revised Google Book Search Settlement

“…New York Law School professor James Grimmelmann noted that, while foreign, non-Anglophone books had been taken out and the parties had made some tweaks here and there, the ‘heart of the settlement’s promise, peril, and problems has always been its treatment of unclaimed works—a category that contains the orphan works. Settlement 1.0 allowed Google to use and sell them on an opt-out basis, and Settlement 2.0 does the same. That gave Google exclusive access to a market segment that no one else can enter, and thus raised antitrust concerns.’”

To view the article in full, click here.

To read more about this issue, please visit CNET.

The Times Online (UK), “Barack Obama love affair with Google ends”
By Dominic Rushe
November 1, 2009

 

NYLS Faculty: Professor James Grimmelmann
Subject: Google

“…In the coming months Google will face a series of challenges as its rivals and critics lobby against its enormous dominance on the net and its ambitions elsewhere. The first test comes next week over Google’s controversial plans to build the world’s biggest online library.

…James Grimmelmann of New York Law School said so many parties were looking at the book deal that a settlement could be problematic. His main concern was over the precedent that any agreement might set. ‘The settlement is worrisome not to the extent that it validates the original scanning but in that it creates something in excess of the original submission.’

He said Google’s plans to sell books were ‘never on the table during the original scanning’ and that it was not yet clear what Google intended to do in future with all this new data. Grimmelmann said the case threatened to set a dangerous legal precedent for firms to force disparate parties ‘into a room together and say all of you are going to give up your rights as part of a new deal that we want to make.’”

To read this article in full, click here.

The New York Times, “Running Without a Narrative”
By Cameron Stracher
October 31, 2009

 

NYLS Faculty: Professor Cameron Stracher
Subject: Running

“It’s been 27 years since an American man or woman has won the New York City marathon, and the streak is unlikely to be broken this Sunday. Indeed, since Alberto Salazar’s victories in 1981 and 1982, only one American-born man. Ryan Hall, has managed to run faster than Salazar’s 1981 finish of 2:08:13. While Salazar’s time was a world record when he ran it, Hall’s time (set in 2008 on a faster course at London, where he finished fifth) places him 36th on the list of top marathoners.”

To read this article in full, click here.

The Register-Guard, “Uncommon jury trial begins”
By Karen McCowan
October 28, 2009

 

NYLS Faculty: Professor Michael Perlin, Director of the Mental Disability Law Program
Subject: “Guilty but for insanity” defense

“A rare legal scenario began playing out here Tuesday as a jury trial began for a man who agrees he did the crimes but says he was insane at the time.

…The ‘guilty but for insanity’ defense is in itself rare, according to the director of a New York Law School program that focuses on mental disability law. But cases such as Gerlach’s, with a jury being asked to decide whether he was insane, are exceedingly so, said Michael Perlin, director of the International Mental Disability Law Reform Project.

‘Insanity is pled in one quarter of one percent of all cases, and is successful in one-third of that one-quarter, meaning one-twelfth of one percent,’ Perlin said in an e-mailed response to questions from The Register-Guard.

And in 90 percent of that small sliver of cases, he continued, defense and state psychiatric experts agree that the defendant was insane at the time of crimes.

‘Put another way, a jury finds a defendant to be insane when there is disputed evidence in 1/120th of one percent of all criminal cases,’ Perlin said.”

To view the article in full, click here.

Associated Press, “Lawyers want admitted al-Qaida member released”
By David Mercer
October 28, 2009

 

NYLS Faculty: Professor Stephen Ellmann, Associate Dean for Faculty Development and Collaborative Learning
Subject: Sentencing of al-Qaida member

“Defense attorneys for an al-Qaida sleeper agent plan to argue at his sentencing this week that his five years spent locked up without charge was enough punishment and he should be immediately released.

…Stephen Ellmann, a dean at the New York Law School and critic of military trials held at Guantanamo, said al-Marri’s admission that he was an al-Qaida member gives prosecutors a basis for seeking the maximum sentence.

‘The underlying rationale for military detention remains, even if military detention wasn’t appropriate or constitutional, that he might return to the battlefield or the terrorist struggle,’ Ellmann wrote in an e-mail. ‘And that’s a reason to seek the maximum possible sentence.’”

To view the article in full, click here.

Financial Times “Industry suffers image problem at crucial time”
By Tom Braithwaite and Gregory Meyer
October 20, 2009

 

NYLS Faculty: Professor Houman Shadab
Subject: Hedge Fund Regulation

“Hedge funds will have a weaker hand during a crucial week for regulatory reform, according to people in Congress and the industry, as the alleged insider trading case involving Galleon Group’s founder dents their image.

…‘I do think that type of atmosphere is important, at least indirectly, and public perception that hedge funds have ill-gotten gains or are trading on illegal activities—that could [have an effect on regulatory reform],’ said Houman Shadab, associate professor at New York Law School.

To view the article in full, click here.

Library Journal “Institutional Subscriptions to Google Books with Advertising? Google Won’t Rule It Out”
By Norman Oder
October 12, 2009

 

Associated Press, “NYC Astor trial shines light on jury-room strife”
By Jennifer Peltz
Saturday, October 10, 2009

NYLS Faculty: Professor Randolph Jonakait
Subject: Astor Trial

“Jurors in the epic criminal case about philanthropist Brook Astor’s fortune seemed to have hit a breaking point.

…As in the Astor trial, juries often are asked to work through clashes and do, said New York Law School professor Randolph Jonakait, author of “The American Jury System,” published by Yale University Press.”

To view the article in full, click here.

The New York Times, “Google Working to Revise Digital Books Settlement”
By Miguel Helft
September 21, 2009

 

NYLS Faculty: Professor James Grimmelmann
Subject: Google Book Lawsuit

“For months, Google and its partners in a class-action settlement that would allow the company to create a vast digital library appeared unmoved by a rising tide of opposition.

…‘The news out of this is that there are frantic negotiations going on in back rooms right now,” said James Grimmelmann, an associate professor at the Institute for Information Law and Policy at New York Law School, which raised antitrust and other objections to the settlement. ‘The parties are scared enough to be talking seriously about changes, with each other and the government. The government is being the stern parent making them do it.’”

To read this article in full, click here.

UB Buzz, “New Law School Buildings Open Their Doors”
By Melissa Ezarik
September 2, 2009

 

New York Law School
Subject: New York Law School’s New Building

“Located at 185 West Broadway, the new building is open for this fall. It’s a glass-enclosed, 235,000-square-foot structure extending five stories aboveground—doubling the size of the campus. The new building features The Mendik Law Library, lounge areas with WiFi, and an open-air terrace with a view of Manhattan on the fifth floor.”

To read the article in full, click here.

The National Law Journal, “Massachusetts case may be key in gay marriage fight”
By Marcia Coyle
August 31, 2009

 

NYLS Faculty: Professor Arthur Leonard
Subject: Gay Marriage

“While the high-profile, Ted Olson- and David Boies- managed legal fight against California’s Proposition 8 captures headlines, a carefully planned case quietly underway in Massachusetts federal court could be the gay marriage test with the greatest national impact.

‘If you’re looking to effect legal change, you’re looking for plaintiffs who have been harmed, a lawsuit reasonably well-funded, and the legal expertise to take it up [to] the appellate process,’ said Arthur Leonard of New York Law School, an expert on gay and lesbian legal issues. The Gill case meets that description, he and others believe.’”

To read the article in full, click here.

Publishers Weekly, “Time Nears to Opt Out of Google Deal”
By Andrew Albanese
August 31, 2009

 

NYLS Faculty: Professor James Grimmelmann
Subject: Google Book Search Settlement

“With the September 4 deadline to opt out of or object to the Google Book Search settlement just days away, the deal’s critics and supporters have, as expected, ramped up the volume…

…The September deadline represents a key moment in the settlement process—the date by which ‘any copyright owner who wants no part of the settlement has to opt out’ or ‘any party who wants to support or object to the settlement’ must step forward, explained New York Law School’s James Grimmelmann. Simply put, if you don’t opt out by that date, you are in. ‘At the end of the day on September 4,” Grimmelmann added, ‘we’ll know what the battle lines over the settlement are, and who’s on which side.’”

To read the article in full, click here.

The Observer, “Google’s plan for world’s biggest online library: philanthropy or act of piracy?”
By William Skidelsky
August 30, 2009

 

NYLS Faculty: Professor James Grimmelmann
Subject: Google Books

“In recent years the world’s most venerable libraries have played hose to some incongruous visitors. In dusty nooks and far-flung stacks, teams of workers dispatched by Google have been beavering away to make digital copies of books. So far, Google has scanned more than 10 million titles from libraries in America and Europe – including half a million volumes held by the Bodleian in Oxford. The exact method it uses is unclear; the company does not allow outsiders to observe the process.

…Critics point out that, by giving Google the right to commercially exploit its database, the settlement paves the way for a subtle shift in the company’s role from provider of information to seller. ‘Google’s business model has always been to provide information for free, and sell advertising on the basis of the traffic this generates,’ points out James Grimmelmann, associate professor at New York Law School. Now, he says, because of the settlement’s provisions, Google could become a significant force in bookselling.”

To read the article in full, click here.

To read more news coverage, visit The Observer.

The Wall Street Journal, “The Cap-and-Trade Bait and Switch”
By David Schoenbrod and Richard B. Stewart
August 24, 2009

 

NYLS Faculty: Professor David Schoenbrod
Subject: Government/Environment

“As a candidate for president in April 2008, Barack Obama told Fox News that ‘a cap-and-trade system is a smarter way of controlling pollution’ than ‘top-down’ regulation. He was right. With cap and trade the market decides where and how to cut emissions. With top-down regulation, as Mr. Obama explained, regulators dictate ‘every single rule that a company has to abide by, which creates a lot of bureaucracy and red tape and often-times is less efficient.’

It’s no wonder that the House advertises its American Clean Energy and Security Act of 2009 (also known as the Waxman-Markey bill) as ‘cap and trade.’ And last Thursday a coalition of environmental groups and unions launched a ‘Made in America Jobs Tour’ to sell it as a ticket to ‘long-term economic prosperity.’ But the House bill would, if passed by the Senate this autumn, fail the test of economic efficiency.

Mr. Schoenbrod teaches law at New York Law School, is a visiting scholar at American Enterprise Institute, and was a staff attorney at the Natural Resources Defense Council. Mr. Stewart teaches law at New York University and was chairman of Environmental Defense Fund.”

To read the article in full, click here.

The New York Times, “Lawyer and Author Adds His Objections to Settling the Google Book Lawsuit”
By Miguel Helft and Motoko Rich
August 18, 2009

 

NYLS Faculty: Professor James Grimmelmann
Subject: Google Book Lawsuit

“A growing chorus of authors, academics and other book industry figures is objecting to the settlement of a class-action suit that would allow Google to profit from digital versions of millions of books it has scanned from libraries.

…In the latest objection, Scott E. Gant, an author and partner at Boies Schiller & Flexner, a prominent Washington law firm, plans to file a sweeping opposition to the settlement on Wednesday urging the court to reject it.

…‘It may be the most fundamental challenge to the settlement yet,’ said James Grimmelmann, an associate professor at the Institute for Information Law and Policy at New York Law School, a critic of the agreement whose blog tracks filings and commentary related to it.”

To read this article in full, click here.

Financial Times, “A Plan to Scan”
By Richard Waters
August 13, 2009

 

NYLS Faculty: Professor James Grimmelmann
Subject: Google Book Settlement

“After facing copyright lawsuits in the US over the digitisation project, Google reached a settlement last year that seemed to have something for just about everyone: publishers and authors, because it gives them a chance to make money from long forgotten works; public and university libraries, as it provides them with a way to leap beyond their dead-tree stacks into the digital age; and readers, to whom it brings access to millions of works that would otherwise have remained out of reach.

But this agreement with the US book industry, which awaits court approval, has stirred up the sort of passions that always attach to books, those most cultural of manufactured objects. In particular, the deal has provoked the fear that a more centralised industry will arise as publishing turns digital, upending checks and balances put in place over decades.

‘The book world has done really well out of decentralisation – anyone who has ideas, or access to a printing press, can take part,’ says James Grimmelmann, associate professor at New York Law School, a leading critic of the settlement. Giving Google too much power over old, out-of-print works, he adds, could set the stage for its dominance of the broader digital book market: ‘Control over the past will translate into control over the future of books.’

…Having the world’s most comprehensive collection could make it the default first choice for book buyers, overshadowing Amazon.com’s claim to be the world’s biggest bookstore. ‘You’re much more likely to turn to Google first because they’ll have many more titles,’ says the law school’s Mr. Grimmelmann.”

To read the article in full, click here.

To read more news coverage, visit Inside Higher Ed.

The Detroit News, “Commentary: Signs point to a gay-friendly Sotomayor”
By Deb Price
August 12, 2009

 

NYLS Faculty: Professor Arthur S. Leonard
Subject: Gay and Lesbian Legal Protection

“To gay Americans, Sonia Sotomayor isn’t just any new justice: She will likely hold the balance on a Supreme Court believed to be evenly divided over gay Americans’ basic constitutional rights.

…Art Leonard, a New York Law School professor and “Leonard Link” blogger, sees positive signs in her handling of two gay-related cases, Holmes v. Artuz and Miller v. City of New York.

…‘At the time, the lower federal courts, heavily influenced by the Supreme Court’s 1986 decision upholding the Georgia sodomy law, Bowers v. Hardwick, were routinely rejecting equal protection claims by gay litigants,’ Leonard explains.

But Sotomayor, then a district court judge, demonstrated a forward-looking mindset.”

To read the article in full, click here.

Metro News Canada, “NYC Residents and Visitors Alike Go Bonkers for Cupcake Bakeries”
The Associated Press
August 12, 2009

 

NYLS Alum: Lev Ekster
Subject: CupcakeStop

“www.cupcakestop.com.
Check the truck’s daily location at www.twitter.com/CupcakeStop:

The cupcake truck’s owner, Lev Ekster, graduated in May from New York Law School. Law firm jobs were hard to come by, but Ekster noticed that the bad economy hadn’t hurt the long lines outside Magnolia and other cupcake shops.

…And so the CupcakeStop was born, a mobile cupcake truck. Devotees follow Ekster on Twitter to find out where he’ll be; flavours include Key lime and rocky road as well as classics like red velvet, $2.25 (minis, $1).

Ekster says cupcakes are “the ideal mobile food” for 21st-century New Yorkers on the go: cupcake in one hand, and coffee (or maybe an iPhone) in the other.”

To read the article in full, click here.

Daily Journal, “High Court Ruling Shapes Local Control: California Officials To Seek Relief from Court Oversight”
By Lawrence Hurley
July 24, 2009

 

NYLS Faculty: Professor David Schoenbrod and Professor Ross Sandler
Subject: Supreme Court Case: Horne v. Flores

“Lawyers for California’s troubled Department of Corrections and Rehabilitation plan to file a motion Friday to test whether a little-noticed U.S. Supreme Court decision issued last month will help the state extricate itself from long-running institutional litigation.

…‘I think it could have profound consequences,’ said David Schoenbrod, a professor at New York Law School. ‘At last, newly elected mayors and governments can look to find another way to comply with the diktats of federal law.’

Schoenbrod and fellow New York Law School Professor Ross Sandler are known for their critiques of court oversight. Their work was cited in both the majority and dissenting opinions in Horne.

Schoenbrod said the decision could apply to thousands of cases across the country, although the extent of the impact rests on to what extent government lawyers take advantage of it and how lower courts interpret it. The ruling does not necessarily mean governments will be able to walk away from court orders, he stressed, but it will at least give elected officials the chance to suggest other ways of tackling alleged violations of federal law.”

To view the article in full, click here.

To read more news coverage, visit City Journal

The New York Times, “Ideas Online, Yes, but Some Not So Presidential”
By Saul Hansell
June 22, 2009

 

NYLS Faculty: Professor Beth Simone Noveck
Subject: Obama’s New Vision for Open Government

“The [Obama] administration’s goal is to devise regulations that would tell federal agencies how to make their operations more open to the public.

…Beth Simone Noveck, a New York Law School professor who is Mr. Obama’s deputy chief technology officer for open government…has permitted any proposal that was not abusive or repetitive onto the brainstorming site…

…Ms. Noveck has some confidence that the effort will result in better government because…as a professor, she worked with the United States Patent Office…[where] public comments helped patent examiners consider their applications more quickly.”

To view the article in full, click here.

To read more news coverage, visit The Wall Street JournalThe Washington PostInformation Week, and Government Technology.

NYConvergence, Real Fun: State of Play 2009
By Gloria Sin
June 22, 2009

 

New York Law School
Subject: State of Play VI Conference

“…the sixth annual State of Play, hosted by New York Law School in Manhattan’s TriBeCa neighborhood…featured…speakers fast-forward[ing] through their experiences of working with(in) virtual worlds…”

To view the article in full, click here.

 

The Baltimore Sun, “Stereotypes confound jury selection”
By Tricia Bishop
June 15, 2009

 

NYLS Faculty: Professor Randolph Jonakait
Subject: Unreliable Jury Stereotypes

“While many lawyers have long relied on stereotypes to figure out how potential jurors might lean, those characterizations are increasingly turned on their heads, trial consultants said…

…‘The demographics of the jurors have at best a very minor effect on the outcome,’ said Randolph Jonakait, a professor at New York Law School who published the book The American Jury System in 2006.

‘Almost always, it’s the evidence that wins the case, not the background of the jury.’”

To read the article in full, click here.

Government Technology, “Beth Noveck’s Wiki Government (Book Review)”
By Tod Newcombe
June 8, 2009

 

NYLS Faculty: Professor Beth Noveck
Subject: Noveck’s new book, Wiki Government

“As the president’s deputy chief technology officer for Open Government, Noveck has the formidable task of leading the drive for more transparency, participation and collaboration within the federal government. Her new book, Wiki Government, is Noveck’s vision for turning that mandate into action.

…Noveck’s solution is to design a governance process that sets up an egalitarian, self-selecting mechanism for gathering and evaluating information and transforming raw data into useful knowledge.”

To read the article in full, click here.

The New York Times, “It’s a Cupcake Truck. Need We Say More?”
By Florence Fabricant
June 2, 2009

 

NYLS Alum: Lev Ekster
Subject: CupcakeStop

“…Lev Ekster… is now running CupcakeStop, a truck that travels between Union Square and Chelsea.

…He thinks he will sell 1,200 to 1,500 a day.”
To read the article in full, click here.

To read more news coverage, visit Crain’s New York Business.

The Washington Post, “Add Washington Book Prize to the ‘Hemingses’ Haul”
By Neely Tucker
May 29, 2009

 

NYLS Faculty: Professor Annette Gordon-Reed
Subject: Her book, The Hemingses’ of Monticello

“Historian and author Annette Gordon-Reed has won a literary Triple Crown with her remarkable “The Hemingses of Monticello: An American Family,” her 798-page exploration of Thomas Jefferson and the family of slaves with whom he became intimately involved. The book has won the National Book Award, the Pulitzer Prize and, yesterday, the $50,000 George Washington Book Prize, given annually to the ‘most important new book about America’s founding era.’

…For a decade, Gordon-Reed worked on the new book — which explores the relationship between Sally Hemings and her master, Jefferson, and their descendants — in between day jobs as a professor of law at New York Law School, professor of history at Rutgers University and mother to two teenagers.

…‘It’s new material for people who are not historians, who don’t think about slavery as an institution, who are interested in how individuals coped with all this.’”

To read this article in full, click here.

To read more news coverage, visit The Plain Dealer and The New York Times.

The Boston Globe, “Obama nomination would boost ranks of Catholics on court”
By Michael Paulson
May 30, 2009

 

NYLS Faculty: Professor Nadine Strossen
Subject: Catholics in the Judicial System

“For the first 50 years of the Supreme Court, there were no Catholics on the bench, and for years after that, there was generally a single ‘Catholic seat.’

…and now, if Judge Sonia Sotomayor is confirmed as a Supreme Court justice, there will be six Catholics on the nine-member court. The percentage of Catholics on the high court will be more than double the percentage of Catholics in the general population.

…‘It’s clear that neither the politicians nor the public nor the media are making any equation at all between Catholicism and even those issues where the church has spoken so strongly,’ said Nadine Strossen, a long-time court watcher as the former president of the American Civil Liberties Union and a law professor at New York Law School. ‘It’s a very positive development, when you get to a point where what used to be considered noteworthy diversity goes without notice.’”

To read the article in full, click here.

Publisher’s Weekly, “Deal or No Deal: What if the Google Settlement Fails?”
By Andrew Richard Albanese
May 25, 2009

 

NYLS Faculty: Professor James Grimmelmann
Subject: Google Book Search Settlement

“In June, a tense four-year period of legal conflict between publishers, authors and Google over its library scanning program was poised to end with the approval of a visionary class action settlement. But just one week from a key May 5 deadline—by which authors and rights holders opposed to the settlement (agreed to last October; see time line) would have been required to opt out of or object to the deal—the federal judge overseeing the approval process surprised court watchers by granting a four-month extension…

…The solution to what began in 2005 as a simple copyright question is now a complex blueprint for an entirely new digital book business…

…For publishers and authors, that means the stakes are sky-high: if this settlement fails to win approval—and opposition is gathering momentum—what happens next? “Back to the world of private deals for putting books into digital formats,” suggests James Grimmelmann, a professor of law at the New York Law School, who has written extensively on the settlement. “No deals at all for orphan works, and one very big lawsuit over scanning and searching.”

…In his detailed critique, published shortly after the settlement was announced, New York Law School’s Grimmelmann was among the first to point out the numerous antitrust issues raised by the settlement.”

To read this article in full, click here.

To read more news coverage, visit The Star.

The Advocate, “Marriage: ‘Too Big to Fail’”
By Julia Bolcer
May 8, 2009

 

NYLS Faculty: Professor Arthur Leonard
Subject: Marriage Equality

“A panel of legal experts discussed the recent nationwide progress toward marriage equality…

…Arthur Leonard, a professor at New York Law School, attributed the marriage emphasis in part to media cravings for a ‘sexy subject.’

‘It makes it look like we’re all obsessed with marriage, when in fact marriage is only a fraction of the work we’re doing,’ he said.”

To read this article in full, click here.

ABA Journal, “Derivatives Regulation Becomes a Popular Law School Offering”
By Debra Cassens Weiss
May 8, 2009

 

New York Law School
Subject: New Masters in Financial Law Program

“New York Law School has seen so much interest in its derivatives course that is developing plans for a new masters in law program in financial services that will include eight separate classes…”

To read this article in full, click here.

The Catholic Spirit, “Panelists disagree on when conscience exemptions should be allowed”
By Beth Griffin
May 4, 2009

 

NYLS Faculty: Professor Nadine Strossen
Subject: Freedom of Conscience

“Legislation in a democracy generally mirrors public consensus, but individuals who disagree with a law on moral grounds should be allowed to claim an exemption to it, according to panelists at a recent forum on ‘Matters of Conscience: When Moral Precepts Collide With Public Policy.’

…Nadine Stossen [sic], professor of law at New York Law School and former president of the American Civil Liberties Union, said freedom of conscience may be limited only if the limitation is necessary to protect other basic rights such as health and safety.

With respect to abortion and contraception, she said sectarian institutions should not be required to provide services contrary to their beliefs, but they must give candid notification of their policy and make referrals to alternate providers. She said they should also provide the service if there is no other provider, especially in the case of an emergency.

Stossen [sic] maintained that the panelists, while disagreeing on a number of points, all supported ‘giving infinitely more protection to freedom of belief than the Supreme Court has done in the last 18 years.’”

To read the article in full, click here.

            The Tribeca Trib, “A Grand Opening for New York Law School”
By Claire Moses
May 1, 2009

 

New York Law School
Subject: New York Law School’s New Building

“The New York Law School threw itself a party last month to celebrate the completion of its just completed glass-encased $200 million… 235,000-square-foot building, at West Broadway and Leonard Street, [which] stands five floors above ground and four below, doubling the size of the school’s campus.”

To read this article in full, click here.

To read more news coverage, visit Curbed.

The Register, “Microsoft’s TomTom patents under scrutiny”
By Gavin Clarke
April 28, 2009

 

New York Law School
Subject: Post-Issue Peer-to-Patent

“The Post-Issue Peer-to-Patent site is a project of the Center for Patent Innovations at New York Law School, a project created last year and designed to improve the quality of patents, operation of the patent system, and access to information about patents.”

To read this article in full, click here.

            Software Development Times, “Experts mull changes to software patent process”
By David Worthington
April 27, 2009

 

 NYLS Faculty: Associate Professor James Grimmelmann
Subject: Software Patent Law

“In response to the controversy surrounding software patents, the United States Patent and Trademark Office (USPTO) has tightened up considerably on granting them…

…However, bad eggs have managed to slip past patent examiners largely due to a loophole in the patent process…

…That “loophole” is a central issue in patents on software, and U.S. courts are seeking to close it, said James Grimmelmann, an associate professor at New York Law School.

…The U.S. Congress could supplement the courts by passing a law that explicitly states the standard that divides things that are patentable from the un-patentable, Grimmelmann said.

…Grimmelmann, whose law school sponsors a community patent-review project, said that industry peer review would address some of the most recurring and serious problems with bad software patents…”

To read the article in full, click here.

The New York Times, “Google’s Plan for Out-of-Print Books Is Challenged”
By Miguel Helft
April 4, 2009

 

NYLS Faculty: Professor James Grimmelmann
Subject: Google Book Settlement

“…Google has been scanning the pages of those books…as part of its plan to bring a digital library and bookstore, unprecedented in scope, to computer screens across the United States.

…Groups that plan to raise concerns with the court include the American Library Association, the Institute for Information Law and Policy at New York Law School, and a group of lawyers…

…Some of Google’s rivals are clearly interested in the settlement’s fate. Microsoft is helping to finance the research on the settlement at the New York Law School Institute. James Grimmelmann, an associate professor at the institute, said its work was not influenced by Microsoft.”

To view the article in full, click here.

Wired, “Who’s Messing With the Google Book Settlement? Hint: They’re in Redmond, Washington”
By Steven Levy
March 31, 2009

 

NYLS Faculty: Professor James Grimmelmann
Subject: Google Book Settlement

“…Google settled the lawsuit brought against it by book publishers and authors concerning its massive book-scanning project…The only obstacle remaining for the settlement to take effect is final court approval…one party nudging its way into the settlement is an Internet-issues oriented group from New York Law School.

…the efforts of ‘the second oldest independent law school in the United States’ is funded in part by Google’s main competitor, Microsoft.

…The chief investigator of the New York Law School project is James Grimmelmann…Grimmelmann laid out the project in a proposal sent to Microsoft. The amicus brief is one of four initiatives the Law School will undertake. The others are a series of a white papers, a symposium on the settlement issues, and a website that will act as a hub of activity for those challenging or asking for changes on the settlement. Though Grimmelmann says other contributors may emerge, currently Microsoft is the sole outside funder of New York Law School’s Google Book Settlement Project.”

To view the article in full, click here.

The National Jurist, “In-house counsel”
By Ursula Furi-Perry, Esq.
March 2009

 

New York Law School
Subject: New York Law School Alum Justin Xenitelis ’06

“Justin Xenitelis clearly loves his job, his law school and his involvement in the community.

A 2006 graduate of New York Law School and now associate counsel at Thor Equities, LLC in New York City, Xenitelis works in-house as part of a three-attorney corporate law department.

…As a law student, Xenitelis was also involved on his campus. He said staying busy and active made for a gratifying law school experience. He organized his school’s AIDS fundraiser three years in a row, and he founded the Stonewall Law Students Association, which focuses on LGBT rights.

‘I think it’s important not only to attend classes, but to be involved on campus,’ he said, adding that staying active teaches important practical skills, such as learning how to work with students, faculty and others in small groups.”

To view the article in full, click here.

The Washington Post, “EPA Presses Obama To Regulate Warming Under Clean Air Act”
By Juliet Eilperin
March 24, 2009

 

NYLS Faculty: David Schoenbrod
Subject: Regulation under the Clean Air Act

“The Environmental Protection Agency’s new leadership, in a step toward confronting global warming, submitted a finding that will force the White House to decide whether to limit greenhouse gas emissions under the nearly 40-year-old Clean Air Act.

…But even those who support cutting greenhouse gases warn that doing so under the Clean Air Act could be complicated. ‘This would be a regulatory maze far exceeding anything we’ve seen before,’ said David Schoenbrod, a professor of environmental law at the New York Law School.”

To view the article in full, click here.

Business Week, Peer-to-Patent: A System for Increasing Transparency
By John Hagel and John Seely Brown
March 18, 2009

 

NYLS Faculty: Professor Beth Noveck
Subject: Peer-to-Patent

“One of the more interesting of these is an effort conceived at New York Law School by Beth Noveck, a professor there and director of the Institute for Information Law & Policy. This effort, called Peer-to-Patent is run in cooperation with the U.S. Patent & Trademark Office (USPTO).

Almost two years ago, the New York Law School began the “Peer-to-Patent Community Patent Review Pilot” in collaboration with the USPTO. This pilot initiative is a milestone since it represents the first significant effort to apply social software directly to the decision-making process of the federal government.”

To view the article in full, click here.

            The Washington Post, ‘Blecker’ Deftly Stands Alone On Both Sides Of Death Penalty
By Hank Stuever
March 13, 2009

 

NYLS Faculty: Professor Robert Blecker
Subject: Documentary, “Robert Blecker Wants Me Dead”

“‘Robert Blecker Wants Me Dead’ wants to be a documentary about the vast amount of wiggle room between being for the death penalty and being against it.

…Blecker, a New York Law School professor, supports the death penalty on such a contrary and nuanced level — he calls himself an ‘emotional retributivist’ — that it has set him apart from both sides of the debate and a large swath of the legal realm. Blecker’s work has turned him into a lovably raving, single-minded gadfly who has the sole consolation of knowing he’s right.”

To view the article in full, click here.

To read more news coverage, visit The ABA Journal and the Washington City Paper.

Ars Technica, “Trolls Square Off Against Tech in Patent Reform Fight”
By Julian Sanchez
March 5, 2009

 

NYLS Faculty: Mark Webbink
Subject: Peer-to-Patent

“Over 50 years after its last major overhaul, there’s a widespread sense that the US patent system has gone off the rails.

…One portion of the bill, which recapitulates the Patent Sovereignty Act, is raising some eyebrows at the crowd sourced patent examination initiative Peer to Patent…According to Mark Webbink, director of the Center for Patent Innovations at New York Law School, that language ‘would appear to bar Peer to Patent or similar outsourced function from ever being mandated as a part of the examination process.’”

To view the article in full, click here.

The National Law Journal, “Next moves for newly-unemployed associates”
By Karen Sloan
March 5, 2009

 

NYLS Staff: Margaret Reuter, Assistant Dean for Career Planning
Subject: Internet Job Searches

“…More and more, today’s jobs searches start by logging onto the Internet instead of with an informal face-to-face interview and a handshake.

…For all the benefits of Internet job sites, they have plenty of drawbacks. Margaret Reuter, assistant dean for career planning at the New York Law School, said that many job boards carry the same postings, which can turn off searchers.

‘There’s a huge amount of similarities between job search Web sites, and there’s a gazillion of them,’ Reuter said. ‘It’s easy to be numbed by the familiarity of the same postings, as people bounce from site to site.’”

To read the article in full, click here.

New York Law Journal, “Report by Law Schools Urge Cap-and-Trade on Pollutants”
By Michael J. Paquette
March 3, 2009

 

NYLS Faculty: Professor David Schoenbrod
Subject: Breaking the Logjam Report

“In a joint effort, New York Law School and New York University School of Law have issued a report concluding that an effective response to climate change requires Congress to adopt and cap-and-trade approach to conventional pollutants. David Schoenbrod of New York Law School…co-led the year-long project.”

New York Law Journal subscribers may read the article in full by clicking here.

The New York Times, “An Advocate of Killing Killers Learns From One”
By Jeremy W. Peters
February 27, 2009

 

NYLS Faculty: Professor Robert Blecker
Subject: “Robert Blecker Wants Me Dead”

“…A new documentary that opened on Friday at Cinema Village in Greenwich Village, ‘Robert Blecker Wants Me Dead,’ is something of an outlier as well. It devotes itself to probing Mr. Blecker and his deeply held view that society has an obligation to execute its most coldblooded killers if it truly aspires to carry out justice. By examining the case for capital punishment, Ted Schillinger, the film’s director, wades into territory largely ignored in the documentaries and feature films that have examined the subject.

…This film’s unconventional approach is the product of two most unconventional relationships: one between Mr. Blecker and Mr. Schillinger and another between Mr. Blecker and Daryl Holton, a man executed by Tennessee in 2007 for killing four young children.

…And that gave Mr. Schillinger a remarkable opportunity to examine the death penalty in all its emotional complexity.

…‘The movie is proof that if you’re going to open the door consciously and approvingly to your emotions, things are going to happen that you don’t expect and that you don’t mean to happen,’ Mr. Schillinger said.”

To read the article in full, click here.

To read more reviews of “Robert Blecker Wants Me Dead” visit:

The New York Times
The New York Post
New York Law Journal

 

The New York Law Journal, “Man Found Entitled to Inherit Estate of His Same-Sex Partner”
By Noeleen G. Walder
February 3, 2009

 

NYLS Faculty: Professor Arthur Leonard
Subject: The Rights of Same-Sex Partners

“Recognizing the validity of a same-sex marriage between New Yorkers contracted in Canada, a Manhattan surrogate has ruled that a man is entitled to inherit the entire estate of his deceased male partner.

According to Arthur S. Leonard, a New York Law School professor who specializes in issues of sexuality and the law, Surrogate Nahman erred in failing to recognize the controlling authority of the Martinez case, which he did not mention in his decision.

He called Surrogate Glen’s citation of Martinez ‘significant.’ While only a trial-level decision, it signals the court’s willingness to give the same rights to surviving spouses of same-sex couples and heterosexual couples, Mr. Leonard said.”

New York Law Journal subscribers may view the article in full here.

The Huffington Post, “Obama’s Guantánamo Mistake: He’s Not Closing Gitmo the Right Way”
By Brandt Goldstein
January 22, 2009

 

NYLS Faculty: Visiting Professor Brandt Goldstein
Subject: Closing Guantanamo Bay

“President Obama is shutting down Guantánamo, but he’s doing it the wrong way. I am not talking about the practical matters involved: where to put the detainees, how to prosecute them, whether to send some to other countries, and so forth… Obama has issued an executive order — a directive from the president — to shut down the prison. That alone is not enough. What Obama must do now is work with Congress to enact a federal statute that outlaws forever the use of Guantánamo as a detention facility.

The problem with an executive order is that it can be changed — easily. President Obama himself could reverse his new order tomorrow. That’s almost certainly not going to happen, of course. But if Obama’s out in four years, or eight, and a new president — say, Mitt Romney — wanted to reopen Guantanamo as a detention facility, he could do so the moment he takes office. (Recall that Romney said he wanted to double the size of Guantánamo.)”

To view the article in full, click here.

preLaw “Most Innovative Law Schools”
By Karen Dybis
Winter 2009

 

New York Law School
Subject: New York Law School chosen as one of the most Innovative Law Schools in the country

“Staid. Boring. Predictable. These adjectives describe what some people think about law school.

Their opinions would change radically if they could see what a select group of legal institutions are doing these days.

New York Law School is making history — and getting its students top-notch careers — through its academic centers, which focus on project-based learning. The idea, said Dean Rick Matasar, is to give students real-life skills such as team building, how to work on a deadline and the ability to respond to criticism in a positive way.

‘The beauty of (project-based learning) is it challenges students to engage in the project — and lets the whole world judge their work,’ Matasar said.”

To view the article in full, click here.

The New York Law Observer, “The Other Big Transition: Change.gov Content Shifts to Whitehouse.gov at Noon”
By Gillian Reagan
January 20, 2009

 

NYLS Faculty: Professor Beth Noveck
Subject: President Obama’s Technology Innovation and Government Reform group

“Yesterday at Change.gov, the Technology Innovation and Government Reform group featured in a video on the site. Micah Sifry of TechPresident.com described ‘three rising stars of open and collaborative government’ featured in the video, including Beth Noveck, author of the forthcoming book Wiki Government.”

To view the article in full, click here.

The New York Law Journal, “Lawyer Cannot Be Prosecuted for Giving Advice, Panel Finds”
By Vesselin Mitev
January 16, 2009

 

NYLS Faculty: Adjunct Professor Oscar Michelen ’85
Subject: The right of attorneys to advise clients

“A lawyer facing criminal charges for advising 10 nurses they could quit their jobs at a Long Island nursing facility gave ‘objectively reasonable’ advice and cannot be prosecuted, a Brooklyn appeals panel has ruled.

…Oscar Michelen, a partner at Sandback, Birnbaum, & Michelen in Mineola, who represents Mr. Vinlaun, said he felt vindicated by the decision.

‘We won,’ Mr. Michelen said in an interview yesterday. ‘It’s a vindincation for the nurses, certainly for the rights of attorneys and for the lawyers who represent people in the labor and health fields. This was a dangerous prosecution from the beginning.’”

To view the article in full, click here.

The Boston Phoenix, “Speak no evil? Why tightening up on anti-Obama speech is a bad idea”
By Adam Reilly
January 14, 2009

 

NYLS Faculty: Professor Nadine Strossen
Subject: Freedom of speech

“Anthony Lewis’s free-speech credentials are impeccable…Recently, though, Lewis has been reassessing the legal standard for how far threatening speech should be allowed to go.

…‘We need to have historical humility,’ says Nadine Strossen, the former president of the American Civil Liberties Union and a professor at New York Law School. ‘Each era tends to have historical hubris —“This is the greatest danger ever posed to the values we hold most dear.’ We tend always to exaggerate the danger — and to unnecessarily cut off civil liberties.’”

To view the article in full, click here.

 

 

Brian Leiter’s Law School Reports, “The Top 10 Events of 2008 in the Legal Academy”
By Brian Leiter
December 31, 2008

 

New York Law School
Subject: New York Law School

“6. New York Law School, meanwhile, has made clear that it is the most underrated law school in New York.”

To view the article in full, click here.

 

 

The New York Times, “Early Test of Obama View on Power Over Detainees”
By Adam Liptak
January 3, 2009

 

NYLS Faculty: Professor Brandt Goldstein
Subject: Barack Obama on Detainees

“Just a month after President-elect Barack Obama takes office, he must tell the Supreme Court where he stands on one of the most aggressive legal claims made by the Bush administration – that the president may order the military to seize legal residents of the United States and hold them indefinitely without charging them with a crime.

The new administration’s brief, which is due Feb. 20, has the potential to hearten or infuriate Mr. Obama’s supporters, many of whom are looking to him for stark disavowals of the Bush administration’s legal positions on the detention and interrogation of so-called enemy combatants held at Navy facilities on the American mainland or at Guantanamo Bay, Cuba.

…‘If they adopt the Bush administration position, or some version of it,’ said Brandt Goldstein, a professor at New York Law School, ‘it is going to be a moment of profound disappointment for everyone in the legal community and Americans generally who believe that the Bush administration has tried to turn the presidency into a monarchy.’”

To view the article in full, click here.