2010

The New York Times, “Scan It Yourself, and Other Thoughts About the Google Digitizing Settlement”
By Patricia Cohen
December 13, 2010

 

NYLS Faculty: James Grimmelmann
Subject: New York Law School Law Review Google issue

“Last year, New York Law School organized a conference on the Google settlement and now the school’s law journal has devoted its latest issue to the discussions about access, competition and copyright that ensued.”To view the article in full, click here.

CBS News, “Latest Capital Punishment News”
December 9, 2010

 

NYLS Faculty: Robert Blecker
Subject: Capital Punishment

“So why do so many Americans support the death penalty?…New York Law School professor Robert Blecker told ‘Sunday Morning’ it is because ‘some people deserve to die, and we have an obligation to kill them.’”

To view the article in full, click here.

MediaPost, “iCopyright Sues Associated Press For Breach of Contract, Unfair Competition”
By Wendy Davis
December 7, 2010

 

NYLS Faculty: James Grimmelmann
Subject: iCopyright V. Associated Press

“…In a complaint filed late last month in federal district court in New York, iCopyright alleges that The AP didn’t fulfill its promise to promote iCopyright’s service.

iCopyright’s platform was called into question last year by New York Law School professor James Grimmelmann, who reported on his blog that he paid the AP $12 to license a 26-word Thomas Jefferson quote, which as long been in the public domain.”

To view the article in full, click here.

Sun Sentinel, “Which was it, FPL? Was regulator booted or did he quit”
By Julie Patel
December 7, 2010

 

NYLS Faculty: Arthur Leonard
Subject: Employment Law

“Florida Power & Light told a court and the Public Service Commission in sworn statements that a regulator it wants to bar from weighing its cases was ‘involuntarily terminated’ from the utility’s affiliate in 2002.

Arthur Leonard, an employment law expert and New York Law School professor, said that means he left on his own accord. ‘If they voluntarily accept the package, I’d say that’s a voluntary quit,’ he said. ‘If it said, “If you don’t accept it, you’ll immediately be discharged,” that’s a different thing.”

To view the article in full, click here.

American Banker, “For Planners, There’s Peril in Overlooking Client Illnesses”
By Lauren Barack
December 6, 2010

 

NYLS Faculty: Peter Strauss
Subject: Estate Planning

“…Understanding the need for elasticity in a financial plan and the personal feelings involved, are the specialty of Peter Strauss, senior counsel with the New York law firm Epstein Becker & Green P.C. and founder of the Elder Law Clinic at New york Law School. ‘You’re healthy now, but what happens in 20 years if you become incapacitated with a chronic illness,’ Strauss says. ‘So we want to look at how we might structure your plan differently in either scenario. We might be looking at some loss of control for the person with long-term illness, and you may want to give up some loss of control, or you may be able to defer.’

To Strauss, these conversations should be happening with all clients, whether they’re 30 or swiftly approaching retirement.”

Full text of this article is available in the American Banker.

Publishers Weekly, “‘NYLS Law Review’ Publishes Issue Dedicated to Google Settlement”
By Andrew Albanese
December 6, 2010

 

NYLS Faculty: James Grimmelmann
Subject: New York Law School Law Review Google Settlement Issue

“…the New York Law School Law Review will have perhaps the most comprehensive analysis of the legal issues at work, publishing a full issue dedicated to the settlement.”

To view the article in full, click here.

The National Law Journal, “‘Globalization” Law schools get serious”
By Karen Sloan
November 29, 2010

 

NYLS Faculty: James Grimmelmann
Subject: New York Law School Law Review Google Settlement Issue

“…bringing law students from different continents together to work on problems within legal education or the profession — say, the way judges interact across national borders, or how to pay for international litigation. The program, Law Without Walls, will start in January with students from Miami; Peking University School of Transnational Law in Shenzhen, China; Harvard Law School; Fordham University School of Law; New York Law School; and University College London.”

To view the article in full, click here.

The Tennessean, “Other Views: Drug method errs by avoiding pain”
By Robert Blecker
November 28, 2010

 

NYLS Faculty: Robert Blecker
Subject: Lethal Injection/Death Penalty

“Let’s reconsider what we do by embracing lethal injection as our goal. By definition ‘punishment’ and ‘pain’ have been inseparably connected. Those who advocate ‘painless punishment’ call for contradiction. Punishment to be punishment must be painful.”

Full text of this article is available in The Tennessean.

ABA Journal, “Issue Spotting: Innovation Enemy No. 1”
By Paul Lippe
November 18, 2010

 

NYLS Student Nick Spindler and Professor Tanina Rostain
Subject: FutureEd

“Nick Spindler, a student from New York Law School, in a program supported by my company Legal OnRamp and sponsored by his professor Tanina Rostain, engaged directly with a client in ‘virtual collaboration’ using modern technologies and project management approaches. This Legal Grand Rounds program connects students with corporate legal departments, and leverages their tech-savvy to make legal work more efficient.

To view the article in full, click here.

BNA Law Week, “Hype After Ricci Was Handed Down Fizzles As Opinion Proves to Have Limited Impact”
By Bernard J. Pazanowski
November 16, 2010

 

NYLS Faculty: Elise C. Boddie
Subject: Race/Employment Discrimination

“…Elise C. Boddie, a professor at the New York Law School who coauthored an amicus brief for the Racial Justice Project supporting New Haven Mayor John DeStefano in Ricci, agrees with Mollica. She told BNA Nov. 8 that ‘Ricci ultimately is a narrow case involving a relatively unique set of circumstances.’ She added that from her viewpoint the case ‘has not had a substantial impact in employment discrimination cases.’”

Full text of this article is available in the BNA Law Week.

City Journal, “The Case for Anonymous Juries”
By Steve Cohen
November 10, 2010

 

NYLS Student Steve Cohen
Subject: Anonymous Juries

“…In fact, the New York State Criminal Procedure Law requires just the opposite: defendants have a right to know the identities of jurors. For judges hearing high-profile cases, this lack of juror anonymity can present serious problems.”

To view the article in full, click here.

Brooklyn Daily Eagle, “Protecting the Innocent, Pretrial?”
By Samuel Newhouse
November 4, 2010

 

NYLS Faculty: Marcey Grigsby, Publisher, New York Law School Law Review
Subject: New York Law School Law Review Exonerating the Innocent symposium

“‘I think what’s exciting about this symposium is that the purpose isn’t just to diagnose what the problem is,’ said Marcey Grigsby, faculty publisher of the New York Law School Review. ‘We’re going to spend the day talking about solutions. There are pretty bold proposals here that advocate for fundamental changes.’”

To view the article in full, click here.

Daily Herald, “Symposium to discuss restorative justice and capital punishment”
November 1, 2010

 

NYLS Faculty: Robert Blecker
Subject: Capital Punishment

“…followed by an address from prominent capital punishment advocate Robert Blecker…a professor at New York Law School and nationally known capital punishment advocate. He was featured in the documentary film ‘Robert Blecker Wants Me Dead.’ Which will be screened at UVU on Nov. 8.”

Full text of this article is available in the Daily Herald.

The AM Law Daily, “Is the Law School Model Ready for a Tune-Up?”
By Tom Huddleston Jr.
October 21, 2010

 

New York Law School
Subject: Sustainability of the current law school model and the NYLS/Harvard FutureEd 2 program

“The National Law Journal reports that the consensus that emerged from the conference–the second in a series of three conferences sponsored by Harvard and New York Law School designed to generate ideas on revamping legal education–was that the status quo isn’t working.”

To view the article in full, click here.

IP Watchdog, “Peer To Patent Sequel: USPTO To Begin New Pilot Program”
By Gene Quinn
October 20, 2010

 

New York Law School
Subject: Peer-to-Patent Program

“Yesterday the United States Patent and Trademark Office announced a sequel to the initial pilot program and will begin a second Peer To Patent pilot program, again in coordination with New York Law School’s Center for Patent Innovations (CPI).

This new Peer To Patent program will run for a one year term and will commence on October 25, 2010.”

To view the article in full, click here.

Law Journal, “Consensus emerging that law school model ‘is not sustainable’”
By Karen Sloan
October 20, 2010

 

New York Law School
Subject: Sustainability of the current law school model. NYLS/Harvard FutureEd 2 program

“What will legal education look like in five or 10 years?

It will be more internationally focused, rely more heavily on technology and will incorporate more leadership and businesses skills, if the influential group of about 100 educators and law leaders who met recently to discuss the matter are to be believed.

Those themes emerged during the two-day FutureEd 2 conference last weekend at Harvard Law School — the second in a series of three conferences sponsored by Harvard and New York Law School devoted to generating ideas and consensus about how to make legal education more relevant in light of the changing legal industry.”

To view the article in full, click here.

Patently O, “Peer-to-Patent Begins Expanded Pilot”
By Dennis Crouch
October 19, 2010

 

New York Law School
Subject: NYLS’s “Peer-to-Patent” Program

“Even the most ardent supporters of the current US patent system will readily admit that the patent examiners do not see or consider all of the relevant prior art.

One project directed toward assisting the USPTO in improving its examination is the Peer-to-Patent project operated through New York Law School (NYLS). The USPTO and NYLS have just announced a new expanded Peer-to-Patent project that will open-up 1,000 patent applications to ‘peer-review’ through a novel prior-art submission and commenting system created as part of the project.”

To view the article in full, click here.

Law Journal, “Low score from World Bank prompts Brazil to examine its judiciary”
By Karen Sloan
October 15, 2010

 

New York Law School
Subject: The Harvard/NYLS FutureEd 2 program and Brazil

“…Brazil’s legal system still has plenty of room for improvement, according to a panel of experts who discussed the connection between law and development in South America’s largest country at Harvard Law School on Thursday.

The panel offered a preview of a two-day series of seminars called “FutureEd 2: Making Global Lawyers for the 21st Century.”

To view the article in full, click here.

Law Journal, “China, India, Japan grapple with the quality of legal education”
By Karen Sloan
October 15, 2010

 

New York Law School
Subject: The Harvard/NYLS FutureEd 2 program

“Other countries face much larger problems when it comes to regulating the number of law students and quality of legal education. Legal educators from India, China, Japan and France spoke at Harvard Law School Friday during a panel discussion about the challenges they face in producing an appropriate number of good lawyers.

The panel was part of the FutureEd 2 program — a partnership between Harvard’s Program on the Legal Profession and New York Law School. The multi-year project is focusing on incorporating globalization into legal education.”

To view the article in full, click here.

New York Super Lawyers, “New York Super Lawyers 2010”
October 2010

 

NYLS Faculty: Peter J. Strauss
Subject: Regional Recognition for NYLS Faculty

Distinguished Adjunct Professor of Law and Director of the New York Law School Elder Law Clinic, Peter J. Strauss, was recently named a Super Lawyer.

Herald Net, “Coming out shouldn’t be a hellish experience for gays”
By Julie Muhlstein
October 8, 2010

 

NYLS Student: Stephen Ritchie (2011)
Subject: Recent tragedies in the gay community and issues of “coming out”

“In 2003, Stephen Ritchie was an Everett High School commencement speaker. In 2008, he graduated from the University of Washington. He’s on target to earn a law degree from New York Law School in May.

Recent news of Rutgers University freshman Tyler Clementi’s suicide has opened a door to discussions of bullying and the risks to gay teens.

‘I was absolutely shocked when I heard that news,’ Ritchie said by e-mail Wednesday. ‘It isn’t only an issue of sexuality, but is a broader issue of human decency.’”

To view the article in full, click here.

The New York Times, “Lamentable Speech”
October 6, 2010

 

NYLS Faculty: Nadine Strossen
Subject: 1st Amendment, Freedom of Speech Protection and Funerals

“To the American Nazi Party, Hustler Magazine, and other odious figures in Supreme Court history, add the Rev. Fred Phelps Sr. and the members of the Westboro Baptist Church in Topeka, Kan. Their antigay protests at the funeral of a soldier slain in Iraq were deeply repugnant but protected by the First Amendment.

Nadine Strossen, a former leader of the American Civil Liberties Union, pointed out the chilling consequences for protest-filled university campuses if the church’s position is not upheld.”

To view the article in full, click here.

New Haven Register, “Death Penalty Preview”
By Joe Amarante
October 8, 2010

 

NYLS Faculty: Robert Blecker
Subject: Criminal trials and the media

“The almost-inevitable conviction of suburban monster Steven Hayes on nearly all counts played out in tense missives on Twitter, which has usurped television (for rabid news hounds anyway) as the focal point of breaking news stories.

Hey, TV, join the crowd!

‘There really are two trials,’ says New York Law School prof Robert Blecker. ‘The first is the guilt phase…The second phase is the penalty phase, where the question is not “Did he do it?” but “What does he deserve?”’”

Full text of this article is available by subscription only.

Brooklyn Daily Eagle, “NY Law School Hosts Forum on Sustainable RE Development”
October 4, 2010

 

NYLS Center for Real Estate Studies
Subject: Sustainable Real Estate Development Forum

“Sponsored by the Center for Real Estate Studies at New York Law School, an independent law school in Lower Manhattan, the event is the school’s Fourth Annual Breakfast Forum on the topic.”

To view the article in full, click here.

TaxProf Blog, “NYLS (Not NYU) Named New York’s Best Graduate Tax Program”
By Paul L. Caron
October 1, 2010

 

New York Law School
Subject: NYLS’s No.1 ranking for best New York graduate tax program

“New York Law School was named the best tax LL.M. program. (NYU has been #1 in each year of the U.S. News tax rankings, and NYLS has never been named among the Top 25 schools in the rankings.”

To view the article in full, click here.

preLaw, “Taking a stand on employee rights”
Fall 2010

 

NYLS Alumnus: Jayne Ricco
Subject: Labor and employment Law

“When she entered New York Law School, Jayne Ricco had considered going into intellectual property. But at her father’s suggestion, she took private sector labor law class as a second-year student. Her father had worked in labor law himself.

This spring, Ricco joined Jackson Lewis LLP in Long Island, a law firm with a strong emphasis in the labor and employment area. She works in the affirmative action practice group, which advises employers about diversity, Equal Employment Opportunity regulations and other labor issues.”

Full text of this article is available by subscription only.

Natural Resources & Environment, “Breaking the Logjam: Environmental Protection That Will Work”
Fall 2010

 

NYLS Faculty: David Schoenbrod
Subject: Breaking the Logjam

“The underlying premise of Breaking the Logjam: Environmental Protection That Will Work is that the major federal environmental statutes enacted in the 1970s were initially successful but now need substantive reform for managing the environment in the twenty-first century.

The reform effort reflected in Breaking the Logjam commenced in 2006 and involved over 50 professors, general counsel, CEOs, chairmen, and others.

As noted by the authors, Breaking the Logjam ‘is not a compendium of the proposals detailed in the law journal and summarized in the report’; instead, it ‘is a call for action through public understanding.’”

Full text of this article is available by subscription only.

Chicago Sun Times, “Bankruptcies Soar ‘Out Of Hand’”
By Sandra Guy
September 27, 2010

 

NYLS Staff: Marshall Tract
Subject: Recession, mortgage crisis take toll on Chicago area residents

“Judith Meredith was working two jobs when her work hours were cut and her income plunged 40 percent. Facing mounting credit-card debts and seeing no immediate way out, she filed for bankruptcy.

As she pays off her debts, she also faces foreclosure on her home.

Her situation is wholly consistent with working people struggling nationwide, said bankruptcy expert Marshall Tracht, director of graduate real estate programs at New York Law School.

A variety of situations push people into bankruptcy, noted New York Law School’s Tracht, primarily job loss, divorce and medical expenses.

‘These are people who’ve run into real hardships in their lives, and they’re struggling to find a way out,’ he said.”

Full text of this article is available by subscription only.

InsideEPA.com, “Despite State Concerns, SIP Reform Panel Will Not Address GHG Controls”
By Molly Davis
September 16, 2010

 

NYLS Faculty: David Schoenbrod
Subject: State air plans will not consider greenhouse gas emissions

“A major new EPA-state workgroup aimed at improving the process of crafting state implementation plans (SIPs) for meeting agency air standards will not address greenhouse gas (GHG) limits in air permits and will focus solely on criteria pollutants, an EPA official says, despite ongoing state concerns about permitting for GHGs.

Some observers say that only legislative reform of the Clean Air Act will achieve the necessary SIP reforms that states are seeking. New York Law School professor David Schoenbrod wrote in a Sept. 4 article in The Huffington Post that a national, multipollutant trading program is necessary to address today’s air quality problems, but that such a program would require ‘an overt political decision by Congress on how much to cut pollution and who bears the burden’ Schoenbrod adds, ‘For Congress to take on the job, EPA will need to show some leadership.’

In a Sept. 8 interview with Inside EPA, Schoenbrod said, ‘My feeling is that it’s EPA’s job to tell Congress how its creations are working regardless of how likely it is that Congress is going to make the change.’ He added later in the interview, ‘If Congress wants to disregard a problem for public health and the economy, then the blame is on Congress. If EPA hides the problem then the blame is on EPA.’”

Full text of this article is available by subscription only.

New York Law Journal, “Best of 2010: Best NY LLM Program”
September 2010

 

New York Law School
Subject: NYLS’s Taxation LLM Program Ranked No.1 Taxation

The New York Law Journal ranks the New York Law School Taxation LLM (Master of Laws) program as the top Taxation LLM program in New York.

Full text of this article is available by subscription only.

New York Super Lawyers, “Metro Edition: Top 10 Law Schools”
September 2010

 

New York Law School
Subject: NYLS is ranked in the top 10 for law schools

The New York Super Lawyers ranks New York Law School as a top 10 law school.

To view the list in full, click here.

The New York Times, “The Imam and the Public: A Dialogue”
Letters to the Editor
September 8, 2010

 

NYLS Faculty: Richard Sherwin
Subject: Downtown Islamic Community Center

“I wish to applaud Feisal Abdul Rauf’s eloquent plea for unity in the spirit of ecumenical peace.”

To view the letter in full, click here.

PC Pro, “Google facing US competition probe”
By Stewart Mitchell
September 6, 2010

 

NYLS Faculty: James Grimmelman
Subject: Texas anti-competition investigations into Google’s search rankings.

“Google is facing its first US anti-competition probe, after the Texas Attorney General approached the company following complaints over search rankings.

‘Various experts have taken a closer look at the quality of Foundem’s website, and New York Law School professor James Grimmelmann concluded: “I want Google to be able to rank them poorly.”’

Foundem, which Google claims is backed by the Initiative for an Online Competitive Marketplace (ICOMP), ‘an organization funded largely by Microsoft’, had not returned a request for comment.”

To view the article in full, click here.

The Huffington Post, “The Clean Air Act Is in No Shape to Be Celebrated”
By David Schoenbrod
September 3, 2010

 

NYLS Faculty: David Schoenbrod
Subject: Clean Air Act 40th Anniversary

“The Clean Air Act is 40 years old. On Sept. 14, 2010, EPA Administrator Lisa Jackson will lead a day-long celebration of the anniversary. It is appropriate to celebrate past successes, but in truth the Clean Air Act cannot handle today’s pollution problems, and not just those caused by greenhouse gases.

EPA has found that traditional pollutants continue to harm public health, but the Clean Air Act, a statute passed in 1970 during the dawn of environmentalism, mandates an ineffective, inefficient response: a requirement that each state adopt its own plan to control emissions.

Congress should replace the state plan requirement with federal market-based regulation.

The time to celebrate will come when the Clean Air Act is itself reformed to make it capable of dealing with today’s challenges. For Congress to take on this job, EPA will need to show some leadership.”

To view the article in full, click here.

New York Times, “Death Penalty Advocate Is a Challenge for the Defense”
By William Glaberson
September 2, 2010

 

NYLS Faculty: Robert Blecker
Subject: The death penalty in Connecticut

“In the three years since his wife and two daughters were killed at his home in Cheshire, Conn., Dr. William A. Petit Jr. has become perhaps the most passionate and visible advocate for the death penalty in Connecticut. More than once he has indicated that the ultimate punishment ought to be imposed on the two longtime criminals who are charged with killing his family.

Dr. Petit’s feelings have been so widely reported that they may well reach the ears of jurors, swaying their opinions.

In other cases, when the relatives of murder victims have said the defendants do not deserve death, they have been embraced by defense teams, creating something of a double standard here, said Robert Blecker, a professor at New York Law School who is a nationally known proponent of the death penalty.

‘When you have survivors who are against the death penalty,’ Professor Blecker said, ‘the defense is perfectly capable of — and does — parade them in public to call for life. So why, when you have an articulate survivor who is in favor of the death penalty, does it suddenly become unfair?’”

To view the article in full, click here.

Law.com, “Legal Blogs Are Dead! Long Live Legal Blogs!”
By Robert J. Ambrogi
September 1, 2010

 

New York Law School
Subject: A legal blog created and run by NYLS students

“CaseClothesed, www.caseclothesed.com. If blogging is fashionable, this blog makes fashion law bloggable. Created, edited, and run by students at New York Law School, it covers fashion law and offers legal perspectives on developments in the fashion industry.”

To view the article in full, click here.

ABA Journal, “Un-Google That”
By Brendan L. Smith
September 1, 2010

 

NYLS Faculty: James Grimmelmann
Subject: Concerns over the “Google Books” settlement

“The Authors Guild and the Association of American Publishers filed a consolidated class action in 2005 after Google announced agreements with several university libraries to digitize millions of books in their collections. Google didn’t obtain copyright permissions from rights holders before scanning the books, arguing that its plan to use only snippets from the books to promote online sales was protected under fair use provisions in the 1976 Copyright Act.

Supporters of the Google Library Project say it will provide worldwide access to millions of books through an online repository. But critics have called it an end run around copyright law by a company more interested in profits than public service.

Under the amended settlement agreement, Google would be allowed to continue scanning millions of books and could display up to 20 percent of a book online to encourage sales.

Some legal scholars think the settlement raises too many problems for it to be approved. ‘The essence of the settlement is [that] it uses a class action to issue copyright licenses in a way that creates de facto exclusivity for Google,’ says James Grimmelmann, an associate professor with the Institute for Information Law and Policy at New York Law School. ‘It gives Google a very powerful position in the publishing industry.’”

To view the article in full, click here.

Publishers Weekly, “Will Google’s Net Neutrality Shift Complicate the Book Settlement?”
By Andrew Albanese
August 23, 2010

 

NYLS Faculty: James Grimmelmann
Subject: The “Google Book” settlement and Google’s stance on the issue of “net neutrality”

“With the Google book Settlement still pending approval in Judge Denny Chin’s court, observers say that a shift last week in Google’s stance on the issue of “net neutrality” raises new questions about the deal.

…Now more than six months since the book settlement’s final fairness hearing, New York Law School professor James Grimmelmann suggested that the company’s retreat on net neutrality principles could complicate the already complex settlement debate. ‘What I think the [Verizon-Google] proposal sets up in sharp relief is the question of which services under the [book] settlement are optional and which are mandatory,’ Grimmelmann explained to PW. ‘Settlement opponents could well use the Verizon-Google proposal as evidence that commitments or options that don’t actually bind Google may never happen, and therefore shouldn’t be counted in the settlement’s favor.’

The recent shift on net neutrality—and perhaps the ‘backroom deal’ nature of how the proposal came to be—only gives critics more ammunition. ‘Even if Google today goes ahead with these [settlement] terms, Google five years from now might not,’ Grimmelmann noted. ‘The settlement, for example, only says that Google ‘may’ provide public access service.’

In a blog post, Grimmelmann suggested the company’s shift on net neutrality at least raises ‘a credibility problem’ for Google.”

To view the article in full, click here.

Slate, “The Best Way for Proposition 8 To Lose”
By Emily Bazelton
August 13, 2010

 

NYLS Faculty: Arthur Leonard
Subject: California’s “Proposition 8” was ruled unconstitutional.

“In allowing gay marriages to go forward on Aug. 18, Judge Vaughn Walker noted that Proposition 8 proponents may not have standing to bring an appeal. How can that be, since they were allowed to defend Prop 8, the voter referendum banning gay marriage, at trial? And if they really don’t have standing in court to continue the fight for Prop 8, would that be a good way to resolve the case?

There are a couple of other Supreme Court decisions, flagged by New York Law School professor Arthur Leonard, which more directly address the situation in the Prop 8 case, where the central standing problem is that the governor and the attorney general, speaking for the state of California, have opted not to defend this voter referendum in court.”

To view the article in full, click here.

Portland Press Herald, “Ex-warden urges N.H. to avoid executions”
Associated Press
August 13, 2010

 

NYLS Faculty: Robert Blecker
Subject: Former warden begs NH legislators not to bring back the death penalty

“A former prison warden who carried out eight executions urged a New Hampshire commission yesterday to stay away from the practice, saying the memories of those he has put to death haunt him.

The panel also heard from New York Law School professor Robert Blecker, who argued in favor of keeping the death penalty but applying it ‘only to the worst of the worst of the worst.’

Also, Blecker said, the commission should not view life without parole as a viable alternative to a death sentence, saying ‘lifers’ typically earn the most privileges and get the best jobs behind bars.”

This AP article also ran in The Eagle-Tribune, The Salem News, WBZ 38, and WCAX-TV.

Full text of this article is available by subscription only.

 

KCBS Radio, “Interview with Professor Arthur Leonard”
August, 12 2010

 

NYLS Faculty: Arthur Leonard
Subject: The “stay” issue behind California’s “Proposition 8”

Arthur S. Leonard interviewed on KCBS Radio on the Proposition 8 “stay” issue.

GayUSA, “Interview with Professor Arthur Leonard”
August 10, 2010

 

NYLS Faculty: Arthur Leonard
Subject: California’s “Proposition 8”

Arthur Leonard was interviewed on a syndicated cable news program, “GayUSA,” regarding Proposition 8 being ruled unconstitutional in California.

Sirius Radio Network, The Michael Signorile Show, “Interview with Professor Arthur Leonard”
August 9, 2010

 

NYLS Faculty: Arthur Leonard
Subject: California’s “Proposition 8”

Arthur Leonard was interviewed on The Michelangelo Signorile Show on Sirius Radio Network regarding Proposition 8 being ruled unconstitutional in California.

The Toronto Star, “Kosovo ruling not an outright victory for secession”
By Ruti Teitel and Robert Howse
July 30, 2010

 

NYLS Faculty: Professor Ruti Teitel
Subject: World Court ruling on Kosovo

“The World Court’s recent ruling on Kosovo’s unilateral declaration of independence is being widely touted as giving a green light to secessionist movements to gain statehood. According to Kosovo President Fatmir Sejdiu, ‘The decision finally removes all doubts that countries which still do not recognize the Republic of Kosovo could have.’

But this reading is largely wishful thinking by those who support secession. The court’s non-binding advisory opinion responded to a narrow question posed by the United Nations General Assembly: whether declaring independence is legal under international law.”

To view the article in full, click here.

To read more, see:
The Taipei Times

The Miami Times, “More Black men become lawyers”
By Chad E. Quinn
July 27, 2010

 

NYLS Faculty: Professor Elizabeth Chambliss
Subject: Racial gap in the legal profession

“As the United States becomes an increasingly diverse nation, the lack of Black legal professionals is cause for major concern, New York Law School’s Prof. Elizabeth Chambliss told blackpressusa.com: ‘The low level of Black representation in the profession may discourage promising Black students from considering law and limit Black lawyers’ chances to find mentor and role models within the law. And, to the extent that Black lawyers are more likely than others to be concerned with racial justice, discrimination, community development, and the like, the dearth of Black lawyers contributes to an already unequal access to lawyers in the United States.’”

Full text of this article is available by subscription only.

Newsweek, “Why Some Republicans Want to ‘Restore’ the 13th Amendment”
By Joseph Sohm
July 26, 2010

 

NYLS Faculty: Distinguished Adjunct Professor R.B. Bernstein
Subject: Restoring the Original 13th Amendment

“…In the world of the Thirteenthers, though, it’s all a conspiracy, and the leading suspects are those shady characters who put ‘esquire’ after their names.

…Naturally, most lawyers see it differently. ‘The esquire thing is ridiculous,’ says R. B. Bernstein, a professor at New York Law School and author of Amending America. ‘“Esquire” is not a title of nobility. Back then, they were worried about people accepting literal titles of aristocracy that convey land or privileges, things you can leave to your kids.’ Lawyers obviously command certain privileges, but they are not inherited.

There are, of course, other implications of Thirteenthism, such as ensuring that the United States never again suffers the humiliation of having a president win the Nobel Peace Prize.

But they could be playing with fire. ‘We’re in a constitutional silly season,’ says Bernstein, ‘and whether you are of the left or the right, if you take the Constitution seriously, it’s very troubling.’”

To view the article in full, click here.

New York Law Journal, “$550,000 Gift to New York Law Backs Financial Services LL.M.”
By Jeff Storey
July 26, 2010

 

NYLS Faculty: Professor Ronald H. Filler
Subject: Clearing Corporation Gift to New York Law School

“New York Law School has received a $550,000 gift from The Clearing Corporation Charitable Foundation to endow scholarships for students enrolled full-time in its year-old LLM. program in Financial Services Law.”

Full text of this article is available by subscription only.

This article also appeared in The New York Lawyer.

The Huffington Post, “Watch: Young, Educated and Unpaid”
By Jett Wells
July 22, 2010

 

NYLS Faculty: Professor Arthur S. Leonard
Subject: Young, Educated and UNPAID

Arthur S. Leonard featured in a mini-documentary titled “Young, Educated and Unpaid.”

To view the documentary and access the article about it, click here.

Record, “Supreme Court Decision Raises Software Patent Questions”
By David Worthington
June 30, 2010

 

New York Law School
Subject: Software Patents

“Some people claim that all software is an abstract idea, because programming is just a form of mathematics, while others believe that computers that control over machinery, or software that has very specific algorithms is not abstract at all”, said James Grimmelmann, an associate professor at New York Law School.

Full text of this article available by subscription only.

SD Times, “Supreme Court strikes down Bilski patent claim”
By David Worthington
June 28, 2010

 

NYLS Faculty: Professor James Grimmelmann
Subject: Patent Claim Case at the U.S. Supreme Court

“The United State Supreme Court’s ruling in Bilski v. Kappos today affirmed a lower court’s decision to strike down a patent, but was too narrow to appreciably abate the confusion around which computer software patents are valid, experts say.

…The Supreme Court’s ruling strengthened the ‘abstract idea’ exclusion from patentability, but failed to provide an actual test or to give guidance to inventors, defendants or the United States Patent and Trademark Office, said James Grimmelmann, an associate professor at New York Law School. There will be continued uncertainty and confusion around the validity of existing software patents, he added. The abstract idea exclusion is a reference to the principle that laws of nature and abstract ideas are not patentable, he explained.

Some people claim that all software is an abstract idea, because programming is just a form of mathematics, Grimmelmann said. Others think that software is often concrete enough…‘The Supreme Court appears to come down somewhere in the middle, but doesn’t really say where.’”

To view the article in full, click here.

Downtown Express, “Legal Eagles” The Next Generation”
June 25, 2010

 

New York Law School
Subject: Nursery School Graduation Held at NYLS

“The Buckle My Shoe Nursery School graduation was held on June 11 in the New York Law School auditorium, through the generosity of Harry Althaus, NYLS Associate Dean for Special Projects.”

To view the article in full, click here.

Publishers Weekly, “Google Defeats Viacom’s $1 Billion YouTube Suit”
By Andrew Albanese
June 24, 2010

 

NYLS Faculty: Professor James Grimmelmann
Subject: Google Victory over Viacom

“It isn’t the books settlement, but in a major legal victory for Google, a New York court yesterday rejected Viacom’s $1 billion copyright infringement suit against the search engine giant over its popular YouTube service. In a ruling that stunned court-watchers, most of whom expected the case to almost certainly go to trial (and most likely settle along the way), the court granted Google’s motion for summary judgment.

Fricklas’ indignation aside, Viacom’s legal arguments were soundly trounced in court. ‘Basically, the court sided with Google/YouTube on every point and eviscerated the arguments of Viacom,’ noted Techdirt’s Masnick. New York Law School’s James Grimmelmann, who has followed the Google Book Settlement closely, also noted the force of Stanton’s ruling. ‘The opinion reads like he didn’t even think the case was close,’ Grimmelmann told PW. ‘He read the caselaw as pointing strongly in a single direction: YouTube’s duty is to respond to specific knowledge and notices, and that’s it.’ If the ruling is upheld on appeal, he noted ‘it’s a big, solid umbrella for online businesses to shelter under.’”

To view the article in full, click here.

International Business Times, “The 2011 capital gains tax rate hike and its impact”
By Hao Li
June 21, 2010

 

NYLS Faculty: Professor Jeffrey J. Haas
Subject: 2011 capital gains tax hike

“…Since 2008, individuals in the two lowest tax brackets paid 0 percent long-term capital gains tax while everyone else paid 15 percent. In 2011, individuals in the lowest tax bracket will pay 10 percent while the rest will pay 20 percent.

Professor Jeffrey Haas of New York Law School sees the impact as only modest, noting that 5 percentage points is not enough to influence many investors who are in it for the long haul.

However, Haas does believe that the rate hike adds one more reason for investors not to invest in equities. In addition, shortly before 2011, the rate increase may create some artificial selling pressure as investors rush to lock in lower tax rates on gains.”

To view the article in full, click here.

Bloomberg Business Week, “High-Speed Internet Rules Might Prove Costly”
By Olga Kharif
June 17, 2010

 

NYLS Project: The Advanced Communications Law & Policy Institute
Subject: Net Neutrality report

“Proposed regulation of high-speed Internet service providers by the U.S. government could cost the economy at least $62 billion annually over the next five years and eliminate 502,000 jobs, according to a study released by New York Law School.

The report estimates that broadband providers and related industries may cut their investments by 10 percent to 30 percent from 2010 to 2015 in response to additional regulation. At 30 percent, the economy might sustain an $80 billion hit, according to Charles Davidson, director of the law school’s Advanced Communications Law & Policy Institute, which released the report on June 16.”

To view the article in full, click here.

The ACLP Institute’s Net Neutrality report also appeared in Ars Technica, The San Francisco Chronicle, UPI, and many other national news outlets.

KUER, “Death Penalty- Pro and Con”
By Doug Fabrizio
June 17, 2010

 

New York Law School
Subject: Death Penalty

Robert Blecker participated in a discussion on the death penalty.

To hear the interview in full, click here:

WAML Radio, “Mental Disability Law”
June 15, 2010

 

NYLS Faculty: Professor Michael Perlin
Subject: Mental Disability Law

Michael Perlin was interviewed about mental disability law.

To view the interview, click here.

ABC News, “Mary Schapiro Says SEC Must Grow to Keep up With Demand”
By Emily Chasan
June 14, 2010

 

New York Law School
Subject: SEC Chairman Mary Schapiro at NYLS event with The Financial Women’s Association

“The Securities and Exchange Commission needs to continue to grow to meet demand for more regulation on things like ratings agencies, derivatives, and swaps, Chairman Mary Schapiro said on Monday.

…‘I understand and appreciate the concern that I think animates the Lincoln provision and much of the bill, which is to not have such great concentrations of risk,’ Schapiro told the audience at New York Law School, noting the need to manage capital and risks better in derivatives.”

To view the article in full, click here.

This event was also appeared in articles in Business Week, The American Lawyer Daily, The New York Times, and many other national news outlets.

CBS Sunday Morning, “The Slow Death of the Death Penalty”
June 13, 2010

 

NYLS Faculty: Professor Robert Blecker
Subject: Arguments over the use of the death penalty

“…A recent CBS News poll shows 63% of Americans favor the death penalty, a number that’s remained fairly consistent over the past 20 years.
Why? According to New York Law School professor Robert Blecker, ‘Because some people deserve to die, and we have an obligation to kill them.’

Blecker is a well-known proponent of capital punishment.
‘It just comes from a sense that justice should be done,’ he said. ‘A feeling that we forget the past too easily, a feeling that the victim’s voices cry out.’

‘In your opinion, who deserves to die?’ Doane asked.

‘The cruel, the most cruel people deserve to die,’ Blecker said. ‘Those people who take intense pleasure from the suffering of others. At one extreme the torturer, the rapist-murderer, the child murderer; and at the other extreme, the callous, the cold, the wanton. They kill because someone is in their way.’”

To view the article in full, click here.

The Huffington Post, “Why I Sculpt: A Law Professor Makes Peace With Dyslexia”
By David Schoenbrod
June 8, 2010

 

AALS Spectrum, “Above & Below”
By Camille Broussard
May 2010

NYLS Staff: Camille Broussard
Subject: New York Law School’s New Library

“In August 2009, just before the start of the fall semester, New York Law School opened the doors to the brand new Mendik Library, a centerpiece of its new building in the heart of lower Manhattan’s TriBeCa neighborhood…In addition to the library, the new building houses classrooms, an auditorium, event space, and the student center and dining area.

…Looking back at more than three years of planning for two complete moves, the staff views the adventure in building a new and outstanding library and research facility as an exciting ride filled with both challenges and triumphs.”

Full text of this article is available by subscription only.

National Law Journal, “New York Law School receives $20 million gift”
By Karen Sloan
May 26, 2010

 

New York Law School
Subject: Starr Foundation Gift

“New York Law School is in the money.

The School announced on Wednesday that it has received a $20 million donation from The Starr Foundation, an organization that finances initiatives in education, medicine, public policy and other areas.”

To view the article in full, click here.

This story also appeared in:
The National Jurist
Brian Leiter’s Law School Reports

The New York Law Journal
The Chronicle of Philanthropy
The Chronicle of Higher Education
Philanthropy News Digest
New York Lawyer

Parade Magazine, “Cleaning Up the Mortgage Mess”
By Joel Brenner
May 23, 2010

 

NYLS Faculty: Andrew Berman
Subject: Mortgages

“Despite the federal government’s efforts to rescue distressed homeowners, foreclosures continue to sweep the nation.
‘Previously, most home loans were made by banks and savings-and-loans, which often had strict underwriting standards and held onto loans until maturity,’ explains Andrew Berman, director of New York Law School’s Center for Real Estate Studies.”

To view the article in full, click here.

The Chronicle of Higher Education, “New Campus Architecture: a Sampling”
May 21, 2010

 

New York Law School
Subject: The New Building

“The buildings in this compilation are examples of new facilities and renovation projects completed during 2009 on college campuses.
New York Law School’s facilities had consisted of disconnected structures, including several 19th century cast-iron buildings. The new facility unites many of the law school’s student-centered functions behind a transparent five-story façade that gives the school a memorable public presence while showcasing classrooms, lounges, study rooms, dining facilities, and a library.

This article appeared in The Chronicle of Higher Education on May 21, 2010.

Publisher’s Weekly, “A Tantalizing Clue Suggests Google Settlement Might Keep Its Judge”
May 14, 2010

 

NYLS Faculty: James Grimmelmann
Subject: Google Settlement

“Last week, Google settlement Judge Denny Chin, newly seated to the Second Circuit Court of Appeals, issued a minor order in the recent lawsuit filed by visual artists against Google, to which he is also assigned.”

To view the full article, click here.

CNN, “Can people actually ‘own’ virtual land?”
By John D. Sutter
May 10, 2010

 

NYLS Faculty: James Grimmelmann
Subject: Virtual Land

“Zed Drebin is an avatar in the virtual world of Second Life. He’s controlled by Arthur, a 44-year-old who lives in New York City, and who didn’t want his full name used for fear it would hurt his business.

Despite the fact that Arthur pays U.S. dollars to ‘own’ virtual land in Second Life, and that his renters also pay him in real money, it’s unclear whether he, or any of Second Life’s “residents,” have lasting rights to these virtual tracts.

‘In these worlds, we are somewhere in like the 16th century’ in terms of legal systems, said James Grimmelmann, an associate professor New York Law School who focuses on technology and the law.”

To view the full article, click here.

The American Lawyer, “And now for Something Completely Different: The Future of Legal Education”
By Irene Plagianos
April 11, 2010

 

NYLS Faculty: Dean Richard A. Matasar and Professor Elizabeth Chambliss
Subject: Future Ed Conference

“Room 402 at New York Law School is usually reserved for lectures about civil procedure. On Friday afternoon, though, dean Richard Matasar introduced a different discussion topic to the crowded classroom: the need to change U.S. legal education–and to do it now.

… New York Law professor and program organizer Elizabeth Chambliss says several factors helped spark the initiative: deep cuts in associate hiring, recession-driven changes to the broader legal market, and the Carnegie Foundation’s highly critical 2007 report on how law schools are failing to teach students practical skills.”

To view the article in full, click here.

To read more, see:
Above the Law
The National Law Journal

The Associated Press, “Stevens carved liberal legacy on high court”
By Mark Sherman and Calvin Woodward
April 9, 2010

 

NYLS Faculty: Professor James F. Simon
Subject: U.S. Supreme Court Justice John Paul Stevens

“The preservation of abortion rights, protection of consumer rights and limits on the death penalty are due in no small measure to John Paul Stevens’ actions on the Supreme Court.

… He’d tell lawyers gently, ‘Let me ask a stupid question,’ then subject them to an intellectual grilling en route to decisions touching many aspects of American life. The justice prodded the government to take global warming more seriously, and he stood for campaign-finance controls in an imperfect world in which he acknowledged, ‘Money, like water, will always find an outlet.’

… Stevens was ‘the most independently minded and intellectually creative member of the high court, a man of great integrity,’ said James Simon, former dean of the New York Law School.”

To view the article in full, click here.

Publishers Weekly, “Artists and Photographers Sue Over Google Book Search”
By Andrew Albanese
April 7, 2010

 

NYLS Faculty: James Grimmelmann
Subject: Google settlement

“In the latest twist in the Google Book Search settlement saga, graphic artists and photographers today filed a class action suit in a federal court in New York claiming Google’s book-scanning and display infringes the copyrights of artists and photographers.

… ‘In a sense the artists are doing what the parties and Judge Chin all but invited them to do,’ New York Law School’s James Grimmelmann told PW. ‘The parties said “we’re not required to include you in our settlement,” and Judge Chin said “you can’t join as additional plaintiffs to negotiate, but you can have your own lawsuit.” The artists have called that bluff.’”

To view the article in full, click here.

To read more coverage, see:
MediaPost

Voice of America, “Pioneering US Supreme Court Justice Wants more Women, Diversity on Court”
By Carolyn Weaver
April 6, 2010

 

Subject: Retired Supreme Court Justice Sandra Day O’Connor wants more diversity on Court/Sidney Shainwald Public Interest Lecture

“Retired Supreme Court Justice Sandra Day O’Connor says she would like to see another woman join Justices Ruth Bader Ginsburg and Sonia Sotomayor on the Court, if Justice John Paul Stevens does decide to step down this year, as he has recently hinted he will.

… Speaking at New York Law School on Tuesday, O’Connor, who in 1981 became the first woman to serve on the Supreme Court, said she also hoped for more diversity of professional backgrounds among future justices.”

To view the article in full, click here.

The Associated Press, “O’Connor: More justices may skip State of Union”
By Larry Neumeister
April 6, 2010

 

Subject: Retired Supreme Court Justice Sandra Day O’Connor/2010 Sidney Shainwald Public Interest Lecture

“The first woman to sit on the nation’s highest court said Tuesday she wouldn’t be surprised if fewer justices attend State of the Union addresses after President Obama criticized a recent ruling at this year’s address.

…Retired Supreme Court Justice Sandra Day O’Connor told several reporters at New York Law School that it was never easy to get justices to attend.

… ‘It is not much fun to go because you put on a black robe and march in and you’re seated in the front row, (you) put your hands in your lap and have no expression on your face throughout the proceedings. You can clap when the president comes in and when he leaves and that’s it. It’s very awkward,’ she said.”

To view the article in full, click here.

To read more coverage, see:
The April 7, 2010 issue of the New York Law Journal
The Daily News
The New York Times

The New York Times, “Library Names New Fellows”
By Kate Taylor
April 1, 2010

 

NYLS Faculty: Professor Annette Gordon-Reed
Subject: New York Public Library Fellows

“The Dorothy and Lewis B. Cullman Center for Scholars and Writers at the New York Public Library announced its 2010-11 fellows, who include … the historian Annette Gordon-Reed, author of the Pulitzer Prize winner ‘The Hemingses of Monticello: An American Family.’”

To view the article in full, click here.

The Wall Street Journal, “Glitz Masks Woes for Trump Soho”
By Craig Karmin Dow Jones & Company, Inc.
March 28, 2010

 

NYLS Faculty: Andrew Berman
Subject: Trump SoHo

“The Trump SoHo hotel and condominium, first announced during an episode of Donald Trump’s hit television show, ‘The Apprentice,’ is poised to open next month amid much public fanfare. But the road there has often been bumpy.

… The condo hotel ‘was a bull market development,’ said Andrew R. Berman, the director and a professor at the Center for Real Estate Studies at New York Law School. ‘It’s a complicated structure to explain that appeals to a particular niche buyer during the best of times, and these are still difficult times.’”

This article appears in the March 28, 2010 issue of The Wall Street Journal.

 

Huffington Post, “Laptops in Class: A Professional Virus”
By Maureen A. Howard
March 28, 2010

 

NYLS Faculty: Mariana Hogan
Subject: Laptops in Class

“Although empirical and anecdotal evidence suggest internet use during class interferes with learning, student consensus is that it is merely a modern incarnation of classroom distractions of old: playing solitaire (with real cards), reading the newspaper, or passing notes. Nevertheless, more teachers–and schools–are adopting a ‘no laptop’ policy.

…Professor Mariana Hogan at New York Law School acknowledged this multitasking behavior can be risky for law students post-graduation, noting ‘we’ve added material to our Professional Development curriculum to alert our students that partners in law firms might not see these work habits the same way.’ Professor Hogan observes that students are surprised to learn that such multitasking might be frowned upon in practice.”

To view the article in full, click here.

Keene Sentinel, “Google library decision will change publishing”
By John Timpane
March 26, 2010

 

NYLS Faculty: James Grimmelmann
Subject: Google decision

“The Internet giant has been copying and storing millions of the world’s out−of−print and out−of−copyright books in a vast online archive. It could all be just a mouse click away from your computer screen if the effort, known as the Google Books Library Project, survives a legal challenge.

…James Grimmelmann, an associate professor at the New York Law School, said the crux of Chin’s pending decision was ‘whether giving all these rights to Google precludes competition.’
Central, he said, is the ‘opt−out’ provision in the Google Books settlement. Its simplified form is: If Google wants to print a text to which you hold the copyright, it can unless you tell it no first. ‘This reverses the default of prior law,’ Grimmelmann said. Usually, the publisher must seek out copyright holders and secure permission before publishing. ‘Some people are afraid under such an agreement, no copyright is safe.’”

This article appears in the March 26, 2010 issue of the Keene Sentinel.

Real Estate Weekly, “Market spooked by dark secret”
By Jason Turcotte
March 24, 2010

 

Center for Real Estate Studies
Subject: New York’s housing market

“With increasing shadow space in the condo market – space that’s been built but is being withheld from the market – some industry insiders are predicting developers will have no other avenues but to begin with the sales-to-rental conversation process.

… Speaking at a residential real estate panel at New York Law School last week, Miller Samuel president and CEO Jonathan Miller estimated that 6,500 shadow units exist in the new development market.”

This article appears in the March 24, 2010 issue of the Real Estate Weekly.

The Daily News (Jacksonville, NC), “There’s disquiet in Google’s online library”
By Anonymous
March 21, 2010

 

NYLS Faculty: James Grimmelmann
Subject: Google decision

“Google has been busy. The internet giant has been copying and storing millions of the world’s out-of-print and out-of-copyright books in a vast online archive.

… James Grimmelmann, an associate professor at the New York Law School, said the crux of Chin’s pending decision was ‘whether giving all these rights to Google precludes competition.’”

This article appears in the March 21, 2010 issue of The Daily News (Jacksonville, NC).

Library Journal “Libraries A Side Issue At Google Settlement Hearing”
By Anonymous
March 15, 2010

 

NYLS Faculty: James Grimmelmann
Subject: Google settlement

“Libraries were mentioned frequently at the fairness hearing on the Google Book Search Settlement held February 18 in federal court in Manhattan. But they were not necessarily directly represented, as only one librarian spoke.

… New York Law School’s James Grimmelmann commented that Judge Denny Chin took a pragmatic attitude and won’t decide quickly.”

This article appears in the March 15, 2010 issue of The Library Journal.

Architecture DC, “Legal Transparency”
Spring 2010

 

New York Law School
Subject: NYLS New Building

“New York Law School (NYLS) has never been a standard-issue legal institution.

…Thanks to the transparency of the facades, the entire city shares these beautiful spaces, especially at night, when the building truly becomes a lantern. NYLS’s community-minded identity is unmistakable.”

This article appears in the Spring 2010 issue of Architecture DC.

Bay Windows, “Supreme Court to hear Fred Phelps case”
By Lisa Keen
March 10, 2010

 

NYLS Faculty: Professor Arthur S. Leonard
Subject: Fred Phelps case

“The U.S. Supreme Court continues its unpredictable foray into LGBT-related legal conflicts, this week announcing that it will decide whether a protester has a First Amendment right to use a private funeral service as a staging ground for their hate speech against gays.

…Art Leonard, a well-respected LGBT law professor and commentator, said he thinks ‘the conservatives on the court are eager to cut back tort liability whenever and wherever they can.’ ‘Here’s a chance for them to say that people who speak publicly about controversial issues giving their opinion should not have to pay damages just because expressing their opinion causes emotional distress to somebody,’ said Leonard. The question here, he said, is whether the conduct of Phelps and his followers ‘steps so far across the line into truly outrageous conduct that it should be held to have sacrificed the protection of the First Amendment.’”

To view the article in full, click here.

Huffington Post, “MSCI’s Risky Bet on RiskMetrics”
By Tamara Belinfanti
March 9, 2010

 

NYLS Faculty: Professor Tamara Belinfanti
Subject: MSCI acquiring RiskMetrics Group Inc.

“Last week, MSCI, Inc., a provider of investment support tools, agreed to acquire RiskMetrics Group Inc., the leading provider of risk management services, corporate governance ratings and proxy advisory services, in a deal valued at approximately $1.55 billion.

…While markets and analysts responded positively to the news, this exuberance may be short-lived thanks to RiskMetrics’ wholly-owned subsidiary, ISS. ISS is incompetent and it is only a matter of time before markets and regulators realize.

…Ironically, the success of MSCI’s acquisition hinges on the bet that once again ISS has miscalled it, and that contrary to ISS’ ratings, the management of MSCI actually knows what it is doing.”

To view the article in full, click here.

San Mateo County Times, “Before Google can turn page…”
By Mike Swift
March 9, 2010

 

NYLS Faculty: James Grimmelmann
Subject: Google settlement

“Google Book Search has already spawned a class-action lawsuit, and now, a surge of opposition from scholars, consumer advocates and business competitors who contend the plan gives Google too much control over a priceless store of information.

… ‘It really is the most important copyright dispute we’re currently facing,’ said James Grimmelmann, a professor at New York Law School and a former Microsoft programmer. ‘I would say this whole controversy has the potential to really affect how we access all kinds of media, not just old ones, but also new ones.’”

This article appears in the March 9, 2010 issue of the San Mateo County Times.

San Jose Mercury News, “Google’s digital library faces key hurdles”
By Mike Swift
March 7, 2010

 

NYLS Faculty: Professor James Grimmelmann
Subject: Google’s digital library

“Sometime in the near future, a federal judge will decide whether Google can proceed with its plan to create a digital library and bookstore out of millions of old books scanned from libraries around the world. Google Book Search has already spawned a class-action lawsuit, and now, a surge of opposition from scholars, consumer advocates and business competitors who contend the plan gives Google too much control over a priceless store of information.

…‘It really is the most important copyright dispute we’re currently facing,’ said James Grimmelmann, a professor at New York Law School and a former Microsoft programmer. ‘I would say this whole controversy has the potential to really affect how we access all kinds of media, not just old ones, but also new ones. If Google is successful in rewriting a major area of copyright law through its proposed settlement of the lawsuit, someone else could try something similar for music or photographs. It’s a really interesting way to break a lot of logjams in copyright law, Grimmelmann said. But are we opening a Pandora’s box?’”

To view the article in full, click here.

New York Post Starr Report, “The Media and Criminal Law: Fact, Fiction, and Reality TV”
By Michael Starr
March 5, 2010

 

New York Law School
Subject: The Program in Law & Journalism

“With Fox’s ‘24’ in full swing, series executive producer Howard Gordon will deliver the keynote address March 12 at New York Law School’s seminar, ‘The Media and Criminal Law: Fact, Fiction, and Reality TV.’ The seminar is part of the school’s Program in Law & Journalism.”

To view the article in full, click here.

Probate & Property, “Profiles in Membership”
March/April 2010

 

NYLS Faculty: Professor William P. LaPiana
Subject: Profile of William P. LaPiana

“For Bill, the best part about being involved with the ABA is the opportunity to have contact with practitioners. For someone who teaches full-time in wills and trusts, Bill believes that the opportunity provided by the [Real Property, Trust and Estate Law] Section to keep up with what practitioners are doing to deal with real life problems is truly priceless.”

This article appears in the March/April 2010 issue of Probate & Property.

The Chronicle of Higher Education, “Colleges Await End of ‘Don’t Ask, Don’t Tell’”
By Andrea Fuller
February 28, 2010

 

NYLS Faculty: Dean Richard A. Matasar, Professor Arthur Leonard
Subject: Military’s ‘Don’t Ask, Don’t Tell’ Policy

“The timeline for a possible repeal remains unclear, and some members of Congress continue to support the policy. But with both Robert M. Gates, the secretary of defense, and Michael Mullen, chairman of the Joint Chiefs of Staff, advocating an end to ‘don’t ask, don’t tell,’ its repeal appears likelier than ever before.

…New York Law School, which has included ‘sexual orientation’ in its nondiscrimination policy since 1983, has a particularly long history of opposing the military’s ban on openly gay service members.

… Richard A. Matasar, dean at New York, says the law school no longer believes that protest will be effective if only a handful of schools bar recruiters…. ‘Any single person who is now going to enlist who wouldn’t have been able to enlist is a significant change,’ says Mr. Matasar, of New York Law School.

…‘There are certainly tensions,’ says Arthur S. Leonard, a professor at New York Law School who specializes in gay-rights law and who was instrumental in banning employers who discriminated based on sexual orientation from recruiting there in the 1980s. The law school has periodically barred military recruiters, too, but it dropped the ban after the 2006 court decision.”

This article appears in the February 28, 2010 issue of The Chronicle of Higher Education.

Waco Tribune-Herald, “Baylor University community, supporters of Starr expect new president to raise school’s profile, endowment”
By Tim Woods
February 28, 2010

 

NYLS Faculty: Professor Nadine Strossen
Subject: Ken Starr to be Baylor University’s new president

“Many in the Baylor family are singing the praises of new university President Ken Starr, saying his national prominence can help the school make significant gains.

…Nadine Strossen, former president of the American Civil Liberties Union and professor at New York Law School, has dealt with Starr on several occasions in the past 20 years and says people need to look beyond the negativity surrounding that investigation when assessing Starr.

‘From the media coverage of [the Whitewater investigation], a lot of people saw him as being mean-spirited, and he is anything but that,’ Strossen said. ‘It’s just the worst and most inaccurate of characterizations, anybody who would say he’s mean. I know it’s kind of an insipid word, the word nice, but he is literally one of the nicest people I have ever met. Just innately decent, humane, kind, considerate, compassionate and fair.’”

This article appears in the February 28, 2010 issue of Waco Tribune-Herald.

TaxProf Blog, “Rostain Presents Lawyers, Accountants and the Tax Shelter Industry Today at San Diego”
By Tanina Rostain
February 26, 2010

 

NYLS Faculty: Professor Tanina Rostain
Subject: Tax shelter market

“Tanina Rostain presents a chapter of her forthcoming book, Confidence Games: Lawyers, Accountants and the Tax Shelter Industry.

…The book describes the historical, economic, and organizational forces that gave rise to the abusive tax shelter market in the United States between 1994 and 2004. After tracing the macro-factors – including the state of tax law enforcement, the booming economy, and the highly competitive atmosphere in which accounting and law firms were operating in the 1990’s – the book will offer a detailed account of the role of the high-profile organizations and individuals that spearheaded the rise of the abusive shelter industry.”

To view the article in full, click here.

The Chronicle of Higher Education, “3 Academics Are Among Recipients of National Humanities Medals”
February 26, 2010

 

NYLS Faculty: Annette Gordon-Reed
Subject: 2009 National Humanities Medals

“President Obama honored the recipients of the 2009 National Humanities Medals. They included Annette Gordon-Reed, a law professor at New York Law School and history professor at Rutgers University who won a Pulitzer Prize for The Hemingses of
Monticello.”

This article appears in the February 26, 2010 issue of The Chronicle of Higher Education.

For more coverage visit:
The Washington Post
USA Today

Software Development Times, “Landmark software patent case settled”
By Alex Handy
February 25, 2010

 

NYLS Faculty: Mark Webbink
Subject: Patent infringement case settled out of court

“What was likely the most contentious court case in the history of model railroading wound down to an anticlimactic conclusion on Feb. 18, when the patent infringement case of Jacobsen v. Katzer was settled out of court.

… Mark Webbink, visiting professor at the New York Law School, said that it was Jacobsen’s choice of license that opened him up to many legal attacks from Katzer, which began in 2004. ‘From the standpoint of quality of an open-source license, it’s just awful,’ he said. ‘The court looked at it and said it still conveys the intent of the author of the code and therefore needs to be enforced.’”

To view the article in full, click here.

FINS from The Wall Street Journal, “From Contracts to Cupcakes: A Wall Street Career Change”
By Julie Steinberg
February 25, 2010

 

NYLS Alumnus: David Arrick
Subject: A Wall Street Career Change

“When David Arrick thought about using skills gained at an elite Wall Street law firm to transition from one job sector to another, real estate development in Dubai was his next logical career choice. When that didn’t pan out, it was cupcakes. Mancakes, to be exact.” Before opening Butch Bakery, “an online delivery ‘masculine’ cupcakery,” Mr. Arrick attended New York Law School at night.

… “‘It’s surprisingly a cutthroat environment for cupcakes,’ Arrick said. ‘But my negotiation, corporate and LLC compliance, and accounting skills have served me well. Plus, I can draft complex agreements and contracts.’”

To view the article in full, click here.

CrimProf Blog, “Perlin and McClain on the Role of Neuroimaging in the Criminal Trial Process”
By Michael Perlin and Valerie Rae McClain
February 24, 2010

 

NYLS Faculty: Michael Perlin
Subject: Neuroimaging in the Criminal Trial Process

“The robust neuroimaging debate has dealt mostly with philosophical questions about free will, responsibility, and the relationship between brain abnormalities, violence and crime.”

To view the article in full, click here.

New York Law Journal, “Courts Celebrate Black History Month”
February 22, 2010

 

NYLS Faculty: Annette Gordon-Reed
Subject: Tribune Society’s Distinguished Service Award

“Annette Gordon-Reed, a New York Law School professor and 2009 Pulitzer Prize winner for ‘The Hemingses of Monticello: An American Family,’ was honored with the Tribune Society’s Distinguished Service Award.”

This article appears in the February 22, 2010 issue of the New York Law Journal.

Library Journal, “Grimmelmann Weighs in on the Google Book Search Settlement Hearing”
By Anonymous
February 22, 2010

 

NYLS Faculty: Professor James Grimmelmann
Subject: Google book search

“Three days after the Google Book Search Settlement hearing on February 18, New York Law School’s James Grimmelmann, with help from his students, has posted on his Laboratorium blog comprehensive coverage and insightful analysis of each speaker. ‘I was impressed with Judge [Denny] Chin’s demeanor. He wore his intelligence and his authority lightly,’” Grimmelmann wrote.

To view the article in full, click here.

ABA Journal, “ABA Effort to Add Outcomes to Accreditation Standards Roils Law Deans”
By Sarah Randag
February 22, 2010

 

NYLS Faculty: Dean Richard Matasar
Subject: Adding outcomes to accreditation standard

“A proposed shift in ABA law school accreditation standards away from ‘input’ measures—such as student/faculty ratio or facilities—to student learning outcomes has law school deans talking; and worrying.

…New York Law School Dean Richard Matasar, president of the American Law Deans Association, told the National Law Journal that he is worried that requiring law schools to develop and execute ways to assess what students have learned could end up driving up tuition costs.”

To view the article in full, click here.
For more coverage, please visit:
The National Law Journal

Intellectual Property Watch, “Conference: Access to Knowledge, Human Rights Can Learn From Each Other”
By Kaitlin Mara
February 19, 2010

 

NYLS Faculty: Molly Beutz Land
Subject: Access to knowledge

“A treaty on copyright exceptions for visually impaired readers, open educational materials, use of the internet without surveillance, and early human rights movements around access to electricity were among issues debated at a recent academic conference on access to knowledge.

… But human rights, in particular the principle of state accountability, could help where barriers to access are systemic, suggested Molly Beutz Land, an associate professor at New York Law School.”

To view the article in full, click here.
For more coverage from Molly Beautz Land at Intellectual Property Watch, please click here.

“The Diane Rehm Show” on WAMU 88.5 FM, NPR station in Washington, D.C., “A Discussion About the Death Penalty”
February 18, 2010

 

NYLS Faculty: Robert Blecker
Subject: Death Penalty

Robert Blecker, a law professor at New York Law School and supporter of the death penalty, discusses “the state of capital punishment in America today,” as a guest speaker on “The Diane Rehm Show.”

To view the article in full, click here.

Grist, “Why Congress must revise the Clean Air Act”
By David Schoenbrod, Katrina M. Wyman, Richard B. Stewart
February 17, 2010

 

NYLS Faculty: David Schoenbrod
Subject: Clean Air Act

“Most Americans breath dirty air — in many places, levels of pollutants like nitrogen dioxide and ozone are in violation of federal air quality standards.

… Congress has not revised the Clean Air Act or any of the nation’s other major environmental statutes since 1990 — this is an irresponsible omission because the pollution problem and our understanding of how to deal with it have changed radically since the early 1970s when most of these statutes were originally structured.”

To view the article in full, click here.

WNYC, “Government Transparency Online”
By Beth Noveck and Aneesh Chopra
February 10, 2010

 

NYLS Faculty: Beth Noveck
Subject: Open government initiative

“There is a truly impressive amount of data that has become readily available as part of President Obama’s open government initiative, the challenge now is to make it useful to anyone but the most enterprising data house.

… ‘It’s the opportunity for people to take that data, to use it, to analyze it, to mash it up, and to make it valuable, and to turn that raw data into knowledge,’” Beth Noveck stated.

To read the article in full, click here.

Publishers Weekly, “DoJ Concerns Could Be Big Problem For Google Deal”
By Calvin Reid with Jim Milliot
February 8, 2010

 

NYLS Faculty: James Grimmelman
Subject: Google Deal

“The Department of Justice dealt a serious blow Thursday evening to the chances that the Google Book Search settlement will gain court approval later this month when it found that the revised agreement still raises class certification, copyright, and antitrust issues.

… James Grimmelmann, a New York Law School professor who has also filed an objection to the settlement, called the DoJ’s ruling ‘very significant. Approval of the settlement is now less likely.’ He said the ruling showed the publishers ‘tipping their hand’ and citing legal issues and prior cases in front of the DoJ that they have not cited to the public.”

To view the article in full, click here.

MediaPost, “Showdown Looms Over Future of Google Books”
By Wendy Davis
February 5, 2010

 

NYLS Faculty: James Grimmelmann
Subject: Google Deal

“The DOJ might be getting ready to again flex its muscle with Google, this time to force the company to abandon ambitious plans to publish out-of-print books.

… Settlement critic and New York Law School professor James Grimmelmann tells MediaPost he believes the DOJ will be troubled by any resolution that allows Google to publish out-of-print books. Instead, Grimmelmann thinks the feds will push for a settlement that allows Google to continue to scan and index such books, but not publish them.”

To view the article in full, click here.

MediaPost, “DOJ: Google Books Deal Still Raises Antitrust Issues”
By Wendy Davis
February 4, 2010

 

NYLS Faculty: James Grimmelmann
Subject: Google Deal

“The U.S. Department of Justice said Thursday that it still has concerns that a deal between Google and book authors and publishers could give the search giant an unfair advantage over potential competitors.

… The potential arrangement has drawn a host of critics, including New York Law School professor James Grimmelmann, potential competitor Amazon and broadband advocacy groups like Public Knowledge.”

To view the article in full, click here.

SDTimes, “USPTO likely to adopt ‘peer-to-patent’”
By Alex Handy
February 4, 2010

 

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

“The goal of the Peer-to-Patent Project…is to allow the public to cite prior art to invalidate potential software patents, and in doing so, bring an end to the patent approval gridlock.

… Mark Webbink, a professor at the New York Law School who worked on Peer-to-Patent, said that the end result was a fairly simple process for citing prior art via the Web. ‘As part of the learning experience for a student, here I had them sitting down and doing prior art searches. I am not a patent attorney myself, but I worked on a few [patent prior art searches with Peer-to-Patent],’ he said.”

To view the article in full, click here.

MediaPost, “Critics Still Unhappy With Google Book Deal”
By Wendy Davis
February 3, 2010

 

NYLS Faculty: James Grimmelmann
Subject: Google Book Deal

“Some critics aren’t any happier with the revised deal in the Google Book Search case than they were with the original.

… James Grimmelmann, a professor at the New York Law School, initially expressed ambivalence about the deal, which allows Google to digitize and sell ‘orphan works’ — books under copyright whose owners can’t be found.”

To view the article in full, click here.

Law360, “Tight Job Market Could Drive Legal Ed Reform”
By Jocelyn Allison
February 2, 2010

 

NYLS Faculty: Elizabeth Chambliss
Subject: Job Market

“Now, with the associate market at U.S. law firms contracting and competition for starting positions fiercer than ever, experts predict schools will put their money with their mouths are.

… ‘We’ve had a one-size-fits-all model of law school in the U.S. for a very long time, and the reality is there are very different markets that student are trained for,’ said Elizabeth Chambliss, professor at New York Law School and co-director of the Center for Professional Values and Practice.”

To view the article in full, click here.

The Orange County Register, “First Amendment, unshackled”
By John C. Eastman and Nadine Strossen
January 22, 2010

 

NYLS Faculty: Professor Nadine Strossen
Subject: First Amendment/Political Speech during Elections

“…The very nature of our representative democracy depends on a robust exchange of ideas in the political arena, for it is only through such interchange that the people we elect can be held accountable to us.

Yet, for decades now, Congress has been making laws abridging the freedom of speech at its core – political speech during elections. That trend was halted last week by the Supreme Court in Citizens United v. Federal Election Commission, which struck down a key part of the Bipartisan Campaign Finance Reform Act of 2002 (BCRA, or McCain-Feingold). Civil libertarians and constitutional originalists alike, regardless of their partisan political views, should applaud the court’s decision as a great victory for freedom of speech and democracy.”

To read the article in full, click here.

Publishers Weekly, “At NWU Event, Confusion, Strong Opposition to Google Settlement”
By Andrew Albanese
January 21, 2010

 

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

“…The panel also featured literary agent and attorney Lynn Chu and New York Law School’s James Grimmelmann.

In his balanced talk, Grimmelmann, the only neutral voice on the panel, outlined three major points for audience members to consider when evaluating the deal: the settlement as a new publishing model; the deal’s alignment of authors’ and readers’ interests; and its implications for copyright policy.”

To read the article in full, click here.

The New York Times, “Judge Cites Discrimination in N.Y. Fire Dept.”
By Al Baker
January 14, 2010

 

NYLS Faculty: Professor Elise C. Boddie
Subject: Discrimination in the NYC Fire Department

“A federal judge ruled on Wednesday that New York City intentionally discriminated against black applicants to the Fire Department by continuing to use an exam that it had been told put them at a disadvantage.

…‘I can’t recall there ever being a finding of intentional racial discrimination in a pattern-and-practice case against the city,’ said Elise C. Boddie, a professor of constitutional law at New York Law School who formerly litigated employment discrimination cases. ‘I would say this is pretty big.’

…Ms. Boddie, the New York Law School professor, said such rulings against government entities were rare around the nation, adding, ‘To the extent there is a finding of liability, it is usually on disparate-impact grounds, not based on racially discriminatory intent.’

To read the article in full, click here.

Read more coverage at New York magazine.

TaxProf Blog, “NYLS Offers Summer Tax Institute for J.D. Students”
By Paul L. Caron
January 14, 2010

 

New York Law School
Subject: Summer Institutes

“New York Law School has announced a 2010 Summer Institute (June 1 to July 27) for J.D. students in four areas of concentration, including tax:”

To read the article in full, click here.

Washington City Paper, “Getting the Courts to Stop Governing D.C.”
By Mike DeBonis
January 13, 2010

 

NYLS Faculty: David Schoenbrod
Subject: Cases involving key District agencies

“In Democracy by Decree: What Happens When Courts Run Government, authors Ross Sandler and David Schoenbrod argue why federal class action law suits and the ‘consent decrees’ they usually produce have been bad for local governments.

…These cases make judges, lawyers, politicians, and reporters feel good, the book argues, but it doesn’t lead to better services. Rather, it shifts power from duly elected officials, accountable to voters, to judges and plaintiffs’ lawyers. The result, the authors write, is that institutional reform litigation ‘has proved much less successful than its proponents admit,’ with the most durable changes coming through ‘politics as usual’ rather than through court intervention.”

To view the article in full, click here.

The New York Times, “Top Terror Prosecutor Settles Into a Familiar Role”
By Benjamin Weiser
January 12, 2010

 

NYLS Alumnus: David Raskin ’94
Subject: September 11th Terrorism Case

“…Now, nearly four years later, that prosecutor, David Raskin, looks as if he will get another shot at prosecuting a Sept. 11 case, and this time, he could end up asking that five men be put to death. Mr. Raskin, an assistant United States attorney in Manhattan, is widely expected to be the lead prosecutor in the trial of Khalid Shaikh Mohammed and four other terrorism suspects when they arrive from Guantánamo Bay, Cuba, former colleagues say.

…He elaborated more recently in a talk at New York Law School: “Is the government allowed to sort of try Plan A and keep people, you know, detained on an island for years, and then when it doesn’t work out, can we just decide to go a different route?”

Mr. Raskin went on to write articles for several sports magazines before deciding to attend New York Law School. He went into law in part because he was encouraged by a comment by David Stern, the N.B.A. commissioner, during an interview with him, a friend said.”

To read the article in full, click here.

NPR, “Gay Marriage Ban Faces High-Stakes Test in Trial”
By Kevin Whitelaw
January 11, 2010

 

NYLS Faculty: Professor Arthur Leonard
Subject: Same-Sex Marriage

“Advocates and opponents of same-sex marriage both are anxiously watching a very high-profile, landmark federal trial that opened Monday in San Francisco.

…But it’s also a case that initially divided the gay-rights community, which is concerned that federal courts remain too conservative to rule in their favor.

‘The movement’s organizers, who have been litigating on same-sex marriage over the past two decades, have made the very conscious decision to stick to state courts because of their view that the Supreme Court was not yet ready to take on this issue in a positive direction,’ says Arthur Leonard, editor of Lesbian/Gay Law Notes and a law professor at New York Law School. ‘I think they’re taking a risk.’

To read the article in full, click here.