In the Media

Panel will rule on constitutionality of Propostition 8. Tobias B. Wolff comments. (2/7/2012). Washington Post.
Federal appeals court finds CA same-sex marriage ban unconstitutional. Tobias B. Wolff comments. (2/7/2012). The Associated Press.
David Skeel on U.S. auto industry and disruption of bankruptcy laws: (2/7/2012). American Enterprise Institute.
Dean Fitts on the JD/MBA: “Leaders must be able to integrate financial, legal, political and cultural issues like never before” @FT: Financial Times.
Developer cries discrimination. Can he prove it? Kermit Roosevelt comments. (2/2/2012). Herald-Tribune.
R. Polk Wagner comments on courses and class material on iTunesU. (2/2/2012). The Daily Pennsylvanian.
Sarah Barringer Gordon joins conversation about teenager's school prayer lawsuit. (2/2/2012). The Take Away.
Penn Law’s David Skeel on government insolvency & municipal bankruptcies: (2/1/2012). Voice of San Diego.
Energy Dept. website redesign makes some documents hard to find. Cary Coglianese comments may affect other agencies as well: (2/1/2012). Federal Computer Week.
In the Wall Street Journal, David Skeel on "On Religious Freedom, Years of Battles Ahead" (2/1/2012).
Cary Coglianese on taking regulation seriously @politico: (1/30/2012). Politico.
The 2012 Journal of Constitutional Law Symposium explores the New Deal and the Obama administration.
2012 LASLA annual conference: “Beyond the 2010 Census: Harnessing the Power of the Latino Community” (1/29/2012).
Congratulations to all of the panelists in the 2012 Keedy Cup Finalist Competition for an amazing tournament! (1/27/2012). Flickr.
Penn Law volunteers help Delaware Valley residents in need @Philabundance Hunger Relief Center: (1/26/2012). Penn Law Tumblr.
Legal Theory Blog highlights Paul Robinson's paper on Natural Law and Lawlessness: (1/26/2012). Legal Theory Blog.
Regulation takes center stage #SOTU @RegBlog: (1/25/2012). RegBlog.
Prof. Edward Rock's "Embattled CEOs" highlighted in @TheEconomist: (1/25/2012). The Economist.
PA Gov. Corbett nominates Gary Tennis L'80 for Secretary of Dept. of Drug and Alcohol programs: (1/25/2012). Market Watch: The Wall Street Journal.
Penn Law’s Supreme Court Clinic students assist Prof. Stephanos Bibas in SCOTUS case @dailypenn: (1/25/2012). The Daily Pennsylvanian.
39th anniv. of Roe v. Wade - Penn Law's Kermit Roosevelt on constitutional opinion writing: (1/25/2012). The New American.
Chris Sanchirico on IRS loophole and tax regs in response to Romney's IRA @Reuters: (1/25/2012). Reuters.
Penn Law's Katie Eyer to present at tenBroek Law Symposium @NALSWD April 19-20, Baltimore, MD: (1/23/2012). National Association of Law Students With Disabilities.
The Penn Program on Regulation’s Risk seminar series showcasing leading research on risk & uncertainty: (1/23/2012). Risk Regulation Roundup.
Prof. Bibas and Penn Law’s Supreme Court Clinic: Vartelas v. Holder @Scotusblog: (1/23/2012). SCOTUSblog.
Privacy invasion in home searches? Prof. Anita Allen comments: (1/20/2012). Middletown Journal.
Anita Allen to lecture Mar. 28 on #privacy and the natural law @FordhamLawNYC: (1/20/2012). Fordham University.
Adjuct Prof. Steven Spencer on cutbacks in employee benefits and compensation: (1/19/2012). http://knowledge.wharton.upenn.edu.
Prof. Michael Knoll on Romney's large IRA and offshore investments in @WSJPolitics: (1/19/2012). Wall Street Journal.
Prof. Cary Coglianese highlighted in The Free State Foundation's "New burden on Public Participation" (1/18/2012). The Free State Foundation.
Tobias Wolff comments on religious leaders' open letter to reframe same-sex civil marriage: (1/18/2012). MetroWeekly.
Jill Fisch comments on why so many university leaders serve on boards. (1/18/2012). Pittsburgh Tribune_Review.
Prof. Emeritus Geoffery Hazard comments on disgraced journalist seeking law licence in CA. (1/18/2012). The Daily Pennsylvanian.
Prof. Michael Knoll's 2008 study highlighted in “What Would Happen If We Closed Mitt Romney's Tax Loophole?” (1/18/2012). The Republic.
Prof. Anita Allen discusses privacy protections in the digital age in Philadelphia Inquirer's Time to 'like' new privacy laws? (1/13/2012). Philadelphia Inquirer.
Penn Law Adjunct Prof. Jerry Goldfeder on the Iowa Caucus & delegate math (1/5/2012). NYDailyNews.com.
Jacques DeLisle comments on the rise of Confucius Institutes in the U.S. (1/4/2012). Inside Higher Ed.
NCPA examines David Abrams working paper on Third-Party Litigation Funding. (1/4/2012). NCPA.
ABA Journal highlights findings of Prof. Cary Coglianese’s study on federal agencies’ use of electronic media and e-rulemaking. (1/1/2012). ABA Journal.
Illinois criminal code tough to crack: Prof. Paul Robinson comments on The Clear Initiative @wsj: Wall Street Journal. (12/29/2011). Wall Street Journal.
Throughout 2011 Penn Law faculty and students alike continued to engage the most critical legal issues of the day. View a small sampling of news, events, research, and teaching across a range of areas and issues convened by or that took place at the Law School in 2011. (12/23/2011). Penn Law.
Newt Gingrich claims Supreme Court crossed major threshold with 1958 case. Professor Kermit Roosevelt counters Gingrich’s focus on case ignores earlier legal precedents. (12/22/2011). PolitiFact.com.
Adjunct Professor Howard Langer L'77 comments on De Beers’s $295 million antitrust settlement being upheld by U.S. Court of Appeals. (12/21/2011). Bloomberg.
Prof. David Skeel comments on pension agreement by retired police, firefighters in RI to alleviate municipality’s financial strain. (12/20/2011). The New York Times.
Professor Christopher Yoo comments on AT&T's abandoned bid to acquire T-Mobile USA. "T-Mobile may be able to use its newfound cash and spectrum to bolster its fourth-place position in the wireless industry, just behind Sprint Nextel Corp," said Yoo. (12/20/2011). The Republic.
Professor Jill E. Fisch, co-director of the Institute for Law and Economics, shares her view on rating agencies and their accountability for the 2008 financial crisis. (12/19/2011). Dukascopy.
Following a civil complaint by the S.E.C. against former head of Fannie Mae Dan Mudd for allegedly understating Fannie Mae's exposure to subprime mortgages, Professor Jill E. Fisch, co-director of the Institute for Law and Economics, comments on Mudd's future with his current employer, Fortress Investment Group. “The board has to ask themselves whether this is a problem in terms of his integrity,” said Fisch. (12/19/2011). The New York Times.
The Presidential Commission for the Study of Bioethical Issues, including Prof. Anita Allen, releases its report on human subjects protection, concluding that current rules and regulations provide adequate safeguards to mitigate risk. (12/15/2011). Penn News.
Professor Stephen J. Morse comments on allegations that Robert F. Kennedy's assassin could have been 'hypno-programmed.' Morse notes that if his attorneys do manage to win their client a re-trial, proof that he was in a state of hypnosis at the time of Kennedy's assassination would absolve him of responsibility. (12/14/2011). Live Science.
David Skeel, S. Samuel Arsht Professor of Corporate Law, discusses his 2010 article for The Weekly Standard, “Give States a Way to Go Bankrupt,” and what he expects in the the future for bankruptcy as a possibility for states. (12/14/2011). Bloomberg.
Professor Jill E. Fisch, co-director of the Institute for Law and Economics, comments on whether former New Jersey Gov. Jon Corzine may have violated the Sarbanes-Oxley reform act he helped create. "I think one of the questions that it raises is whether Sarbanes-Oxley and even Dodd-Frank reduces the incentives for this kind of conduct," said Fisch. (12/14/2011). Newsworks.
Professor Stephen Morse, discusses the "wave of legislative moves to change or abolish the insanity defense" after the 1982 John Hinckley, Jr. acquittal for the attempted assasination of President Ronald Reagan. (12/9/2011). CBS News.
David Skeel, S. Samuel Arsht Professor of Corporate Law, comments on American Airlines' strategy of declaring bankruptcy to slash labor costs. (12/8/2011). The New York Times (Op-ed).
David Skeel, S. Samuel Arsht Professor of Corporate Law, explores whether or not it was immoral for American Airlines to file for bankruptcy. (12/5/2011). Christianity Today (Op-ed).
In its review of Why the Law Is So Perverse, the Wall Street Journal writes that Professor Leo Katz "unravels the logical tangles [of the law] with clarity, humor and a light touch—a testament to the quality of his writing." (12/3/2011). Wall Street Journal.
Professor Cary Coglianese, director of the Penn Program on Regulation, writes about the Regulatory Accountability Act in "The Arena." (12/3/2011). Politico.
Following a federal judge's rejection of a settlement between the Securities and Exchange Commission and Citigroup, Professor Jill E. Fisch, co-director of the Institute for Law and Economics, commented on the rise of no-wrongdoing settlements between the banks and the SEC. (12/1/2011). Fortune Magazine.
Can tort reform limiting damages in medical malpractice lawsuits reduce claims? Yes, said Professor Tom Baker, but they are ill-advised because they do nothing to address the underlying problem. (12/1/2011). Claims Journal.
Adjunct Professor Marsha Levick discussed how society can protect children from abuse. (11/29/2011). WHYY Radio Times.
Center for Technology, Innovation and Competition Fellow Gus Hurwitz spoke to Marketplace Tech Report about the Justice Department's lawsuit against AT&T, which alleges that its merging with T-Mobile would be anti-competitive. "The parties are right now going through a substantial and pretty contentious pre-trial motion phase where they're in discussions with the judge over how many witnesses each side will be able to present at the time of the trial and other details like that and it looks as though both sides are really fighting it out, so this could be a really tough trial." (11/29/2011). American Public Media.
David Skeel, a professor at the University of Pennsylvania Law School and an expert in corporate bankruptcy, said that though airline bankruptcies are fairly common these days, there is still some amount of a stigma attached to filing. "Look at General Motors," Skeel said. "Well before it filed for bankruptcy, it was clear that it needed to file for bankruptcy. But Rick Wagoner, the then-CEO, refused to file, and stigma was one of the big arguments that he made." (11/29/2011). NPR.
As creditors prepared to file lawsuits against small investors in the now-bankrupt Tribune Co., Professor David Skeel commented on the expansion of the U.S. Bankruptcy Code provision 546(e), which has been broadly interpreted to insulate investors who sold stock into a busted leveraged buyout. (11/27/2011). Chicago Tribune.
Elisabet Wenzlaff GL'82, General Counsel & Senior Vice President at Volvo Car Corporation, discussed the value of Penn Law's LLM program. (11/27/2011). Financial Times.
Tom Baker, deputy dean and professor of law and health sciences, discussed insurance policy buybacks after the Archdiocese of Milwaukee revealed it was exploring this possibility in order to pay part of sex-abuse settlements. In a buyback an insurer buys back its policies, leaving the insured with a pool of money, and protecting itself against potentially greater losses. Baker explained that this is a relatively common option used by insurers to limit their exposure and provide a degree of certainty in an outcome."It's something they do if they want to exit a relationship, usually if there is uncertainty about the underlying liability of coverage," said Baker. (11/21/2011). Milwaukee Journal Sentinel.
Adjunct Professor Kenneth Adams L'89 explores, in detail, a recent instance of confusion over the meaning of an "or" in a contract. (11/20/2011). Business Law Today.
Issuing a statement on behalf of the legal team representing victims who say they were assaulted as children by former Penn State assistant football coach Jerry Sandusky, Professor Seth Kreimer said liability issues in the scandal could expand to police and school districts in central Pennsylvania as well as the state Department of Public Welfare. (11/19/2011). Pittsburgh Tribune-Review.
Professor Ted Ruger discusses why the Supreme Court agreed to hear a challenge to President Obama's 2010 health care law and what is at stake. (11/16/2011). WHYY Radio Times.
Adjunct Professor and former U.S. Senator Arlen Specter writes that by televising its proceedings, the Supreme Court could improve public perception of its performance. (11/15/2011). Philadelphia Inquirer (Op-Ed).
Seth Kreimer, Kenneth W. Gemmill Professor of Law, has joined a group of attorneys assessing the legal and constitutional questions involved in the sex abuse scandal involving Jerry Sandusky and Penn State University. (11/15/2011). Centre Daily Times.
Speaking of the U.S. Supreme Court's upcoming examination and ruling on President Obama's health care law, Professor Kermit Roosevelt said he expects the Court to uphold the legality of the individual mandate. “The Supreme Court now is pretty conservative," said Roosevelt. "But I don’t think that there are five justices who are that conservative, especially since this is an issue about the range of Congress’s power." (11/15/2011). Michigan Capitol Confidential.
Professor Stephen J. Morse discusses how information culled from neuroscientists and brain scans could affect the law (0:13:45). (11/15/2011). BBC Radio 4.
Following the U.S. Court of Appeals for the District of Columbia Circuit's decision on Tuesday to uphold the mandate provision of the Affordable Health Care Act, it is assumed the issue will head to the Supreme Court. Visiting Professor Randy E. Barnett, commenting on the high stakes in challenges to the act, said, "The Supreme Court will now have to face the question of whether the federal government is one of limited and enumerated powers or is instead a government of unlimited power 'to forge national solutions to national problems, no matter how local-or seemingly passive-their individual origins.'" (11/8/2011). Legal Newsline.
Professor Sarah Paoletti said that protective measures added to a foreign guest worker program as a result of August protests by students over working conditions at a Hershey Company warehouse were insufficient. “It’s not enough that [the department] has launched an investigation. There has to be transparency and accountability in the process,” Paoletti said. (11/7/2011). The Patriot-News.
If the proposed Commercial Felony Streaming Act aims to create more incentive for prosecutors to go after copyright infringers, it’s missing the mark, said Assistant Professor of Law Shyamkrishna Balganesh. “I personally am not of the view that criminalization is achieving a lot over here,” said Balganesh. “The big problem with copyright law is it’s not providing enough clarity to users of information.” (11/2/2011). Talking Points Memo.
Adjunct Professor Stuart Diamond offers tips for negotiating a year-end raise. (11/1/2011). Forbes.
Professor David Skeel discusses how (or whether) the Dodd-Frank Act's 'orderly liquidation authority' will work and suggests potential legislative fixes to financial reform. (11/1/2011). The Deal Pipeline.
Today the Supreme Court heard arguments in two cases that asked how principles concerning bad legal work at trial should apply to plea bargains. Speaking of the need for additional regulation of the plea bargaining process, Professor Stephanos Bibas described the current system as "a free market that sometimes resembled a Turkish bazaar.” (10/30/2011). New York Times.
In assessing the fairness, simplicity, and revenues of tax plans proposed by Republican presidential candidates, Professor Chris Sanchirico said the three criteria conflict with each other often. “For example, simplicity may be in conflict with fairness – as soon as you want to key tax liability to people’s ability to pay, then you have to look for indications of people’s ability to pay and all of a sudden it becomes quite complicated,” he said. (10/28/2011). Washington Post. The Fiscal Times.
Professor David Skeel writes about his late friend William Stuntz' book The Collapse of American Criminal Justice, defending one of its more controversial proposals, jury nullification. (10/25/2011). The Atlantic.
Professor Cary Coglianese speaks of the difficulty in turning public attention to e-rulemaking, a somewhat complex and technical process up to this point. “Ten years ago, people thought that if you put rulemaking materials online, there would be a groundswell of interest, but that has not happened,” said Coglianese. “There is not a lot of prominence to e-rulemaking, which is striking given that it is an essential role of government to create binding laws.” (10/24/2011). Federal Computer Week.
"Your readers should know that any information they give anyone on the Internet should be presumed public and shareable unless the information is provided to a reputable company that has explicitly promised confidentiality," said Professor Anita Allen to Watchdog columnist Dave Lieber. (10/22/2011). Star-Telegram.
Professor Yolanda Vazquez speaks about her recently published a paper, in which she finds that the combination of criminal and immigration law has been used increasingly to exclude, discriminate and deport immigrants, specifically Latinos. “I think it will get worse before it gets better,” Vazquez says. “The assumption that Latinos or [unauthorized] immigrants are a drain on society, are criminals, are a danger to national security.” (10/21/2011). Daily Pennsylvanian.
An article about the new America Invents Act cites a study by Professors R. Polk Wagner and David Abrams of similar changes to the patent system in Canada twenty-two years ago. (10/20/2011). Tulsa World.
Harvey Randall, editor and general counsel of New York Public Personnel Law, reviews Why the Law Is So Perverse by Professor Leo Katz. "This concise work is thought provoking and provides the reader with insights that both the law professional and the interested layperson will find illuminating and, perhaps, trigger considering approaches to the legal issue at hand that an advocate could use in analyzing and then arguing, or defending, his or her position or rebutting his or her opponent's arguments," Randall writes. "Professor Katz invites his readers to think outside the box." (10/20/2011). New York Public Personnel Law.
Following the death of Moammar Gadhafi, the United States needs to remain present on the ground in Libya, said Professor William Burke-White. Because Libya is the only Arab Spring uprising the United States supported with military resources to help topple a regime, "This is the one the world will look to -- to see [what happens] when the U.S. truly engages," Burke-White said. "We don't own Egypt the way we own Libya. ... We are accountable for what happens there." (10/20/2011). The News Journal.
Professor David Skeel says the popular comparison of the Greek financial crisis to the collapse of Lehman Brothers "completely misinterprets the significance of Lehman." Instead, he writes, "Greece is Europe's Bear Stearns." If the European Union bails out Greece instead of forcing it to default and restructure, it will face a similar meltdown as the U.S. faced after rescuing Bear Stearns in 2008. (10/18/2011). Wall Street Journal (subscription only).
Professor Chris Sanchirico comments on the tax portion of Michele Bachmann's 11-point plan to create jobs and put the nation's economy back on track. (10/15/2011). Minnesota Public Radio.
"It reaffirms my faith in government to have a President who nominates an individual as extraordinary as Ali Nathan to the federal bench [on the U.S. District Court for the Southern District of New York] and a Senate that sees the wisdom in confirming her," said Professor Tobias Barrington Wolff. "The fair and evenhanded administration of justice has received another champion today." Nathan, an out lesbian, will be the second out lesbian federal judge with lifetime tenure in the country. (10/13/2011). Metro Weekly.
On Wednesday lawyers for former hedge fund tycoon Raj Rajaratnam raised his failing health in advance of his sentencing on insider trading. Professor Stephanos Bibas acknowledged that judges sometimes take defendant's medical needs into account in sentencing, but "it's also true that defendants know about this leniency and attempt to qualify for it causing judges to view some claims with a skeptical eye." (10/12/2011). Reuters.
Commenting on the Pittsburgh Steelers' threat to sue a business owner if he doesn't cease and desist from talking about buying a parking lot that the football team has an option to buy, Professor Anita Allen offered doubts on the strength of the potential case. (10/5/2011). Pittsburgh Tribune-Review.
Speaking of the likelihood that Tucson shooting rampage suspect Jared Loughner will mount an insanity defense in court, Professor Stephen J. Morse said, "I don't see what other defense he's got." (10/1/2011). ABC News.
Professor Ted Ruger discusses the First Amendment as it relates to the Department of Health and Human Services's recent changes to the Affordable Care Act, requiring that employers include coverage of women’s preventive care including birth control. (9/30/2011). RH Reality Check.
Former U.S. Senator Arlen Specter's fall seminar at Penn Law, "Congress, the Constitution, and the Supreme Court," encourages students to voice differering opinions. “I thought I could use [teaching] to get fresh views on legal decisions,” Specter said. “It’s refreshing to leave the Senate chamber.” (9/26/2011). Daily Pennsylvanian.
Professor Kermit Roosevelt writes about three lessons from Theodore Roosevelt's presidency that President Barack Obama should heed. (9/18/2011). Huffington Post.
Professor Jill Fisch called a jury's decision in the case of Trust Company of the West versus Jeffrey E. Gundlach, a bond fund manager found liable for breaching his fiduciary duty and stealing trade secrets at his former firm, yet still awarded millions of dollars in unpaid compensation, "a split-the-baby decision." Fisch said, “It didn’t resolve any questions about how much you can compete, and it seems like it was a long expensive battle that could have been avoided.” (9/16/2011). New York Times.
A review of Professor Leo Katz's book Why the Law Is So Perverse. In this book Katz, "one of the legal profession’s master puzzlers," picks "some seemingly perverse phenomena in the law and explains why they are in fact not so perverse, but not for the reasons you might think." The result? "For those for whom puzzling is a pleasure in itself, the book will be a feast." (9/16/2011). Boston Globe (login required).
Professor Jill Fisch, co-Director of the Institute for Law and Economics, comments on a national trend toward older corporate boards of directors. “There is a concern at a certain point, ‘Are you going to rubber-stamp, are you going to stop paying attention?” said Fisch. “But I don’t think there is a bright line in terms of age.” (9/15/2011). Bloomberg.
Following the American Federation of State, County, and Municipal Employees's demand that Goldman Sachs remove CEO Lloyd Blankfein as chairman of the board and replace him with an independent board chair, Professor Jill Fisch said academic research on the usefulness of an independent chair is "inconclusive" and the addition of an independent chair is not a one-size-fits-all "magic elixir" for companies, including Goldman. (9/14/2011). Mother Jones.
A recent study by professors David S. Abrams and R. Polk Wagner suggests that corporations and institutions may benefit at the expense of independent inventors under the proposed America Invents Act of 2011. The act, which will switch the United States from its current first-to-invent standard to a first-to-patent one, is similar to the system adopted by Canada in 1989. (9/14/2011). Toronto Star.
Professor Shyamkrishna Balganesh said there's a "huge disparity" in the strength of Deadline's allegations against The Hollywood Reporter (THR). Legal experts agree that proving THR committed copyright infringement by publishing similar news stories as Deadline would be hard to prove, while its claims that THR stole programming code from one of its websites is much more straightforward and precedented. (9/14/2011). Reuters.
A Pennsylvania federal judge ruled Tuesday that the provision in President Barack Obama's health care initiative requiring individuals to purchase health insurance violates parameters established by the Constitution's commerce clause. "The commerce clause," said Professor Kermit Roosevelt, "was designed for when national regulation is necessary, where the states acting on their own would not be able to reach an optimal solution." (9/13/2011). CNN.
On Tuesday members of the Survivors Network of those Abused by Priests and the New York-based Center for Constitutional Rights filed a complaint with the International Criminal Court at The Hague, Netherlands against Pope Benedict XVI and top Vatican officials for alleged crimes against humanity, saying they helped to cover up and perpetuate systematic and widespread sexual violence against children. Although experts do not believe the court will claim jurisdiction, Professor William Burke-White explained why the clergy sex abuse victims and human rights lawyers made the move, saying, "You get a great deal of publicity, and you put new pressure on the national courts, letting them know that if they don't prosecute there are alternatives." (9/13/2011). Journal Sentinel.
Cardinal Anthony J. Bevilacqua may have to take the witness stand in order to prove he is not competent to testify in the upcoming trial of Msgr. William J. Lynn, a key aide charged with endangerment for allegedly covering up child sex abuse by local priests. Said Penn Law Professor Stephen Morse, "You can't do a good mental examination of him without actually examining him." Bevilacqua has dementia and cancer; his lawyers assert he is too sick to endure what could be days of interrogation. (9/12/2011). Philadelphia Inquirer.
Speaking to the initial assumption after September 11, 2001 that all bets were off, legally speaking, in the subsequent war on terror, Professor Seth Kreimer said the Supreme Court has remained true to the Constitution. "We have learned that we don't have to abandon our ideals and our system to survive in a world that is uncertain and dangerous," said Kreimer. (9/11/2011). Pittsburgh Tribune-Review.
In testimony before a House Judiciary subcommittee, Professor David Skeel called proposed legislation that would divert large corporate bankruptcy cases away from the two top courts that now handle most of that work “an enormous but well-intentioned mistake.” (9/8/2011). Wall Street Journal. Bloomberg Businessweek.
A patent-system overhaul nearly a decade in the making is expected to receive final congressional passage this month, switching the United States from the current “first-to-invent” system to the “first-to-file” system. To gauge the possible effects of this legislation, professors R. Polk Wagner and David Abrams studied the impact of a similar change in Canada's patent filing system in 1989, finding that the number of individual inventors who filed patents dropped and didn't go back up in the following years. "To the extent we think the patent systems in the U.S. and Canada are similar, we might expect to see a similar outcome in the U.S.," says Abrams. (9/7/2011). Wall Street Journal (subscription only).
Citing research by Professor Paul Robinson and the Criminal Law Research Group that showed a disjunct between what New Jersey citizens thought to be the appropriate punishments for certain crimes and what was dictated by the criminal code, Dean Andy Bautista writes that the Revised Penal Code of the Philippines must be updated to address current societal needs and experiences. (9/3/2011). The Philippine Star (Op-Ed).
Penn Law Fellow and Executive Director of the Penn Program on Regulation Adam Finkel comments on a paper that gives new details about the amount of a toxic chemical named perc that remains in clothing after it is dry-cleaned. (9/2/2011). Washington Post.
Professor Christopher Yoo calls the Justice Department's move Wednesday to block AT&T Inc.'s $39 billion acquisition of T-Mobile USA on the grounds that the combination would hurt competition a shock, saying, "With T-Mobile's competitive problems you could reasonably make the case that T-Mobile doesn't have the resources to be a viable player without the merger." (9/1/2011). Wall Street Journal (subscription only).
Professor Tom Baker calls claims that malpractice reform improves the practice of medicine and reduces medical costs "a complete bunch of bunk.” He also calls the medical-malpractice problem "the welfare queen of modern-day politics,” saying, “It’s someone everyone can hate, and it taps into ideas that make a lot of sense to people.” (9/1/2011). National Journal.
Anita Allen, Henry R. Silverman Professor of Law and Professor of Philosophy, discusses the Presidential Commission for the Study of Bioethical Issues' findings in its investigation of medical experimentation on Guatemalan subjects in the 1940s. Allen, who serves as a member of the commission, calls the experiments that intentionally infected sex workers, prisoners, soldiers and mental patients with syphilis — without their consent — "absolutely outside the scope of what was legitimately considered ethical and humane conduct in the United States." (8/31/2011). Democracy Now! (video).
Penn Law Professor Tom Baker comments on the expected disputes between homeowners and insurance companies following the property damage of Hurricane Irene. "A flood of claims may lead to a river of litigation," he says. (8/31/2011). Reuters.
The Presidential Commission for the Study of Bioethical Issues has concluded that researchers who purposely infected unwitting subjects with sexually transmitted diseases in Guatemala in the 1940s knew their conduct was unethical. “The researchers put their own medical advancement first and human decency a far second,” says Penn Law Professor Anita Allen, a member of the commission. (8/30/2011). Washington Post. New York Times.
Professor Amy Wax joins the Room for Debate discussion "Should Parents Marry for the Kids?" She writes, "There is good reason to believe that a strong marriage norm makes people more careful and restrained, and less feckless and volatile, in matters sexual and reproductive and in all aspects of conduct that bear on family life." (8/30/2011). New York Times.
Speaking of the need for federal agencies to improve their online presentations of rule-making information for the general public, Professor Cary Coglianese says, "This information should be accessible to all Americans, not just to those sophisticated players that know how to navigate through the system to find it." (8/30/2011). Nextgov.com.
Explaining why only 27 of 11,372 proposed amendments to the Constitution have been approved by Congress and ratified by the states, Professor Kermit Roosevelt says, "The founders wanted the bar set high because they believed that most issues should be left to the ordinary political process. A constitutional amendment takes an issue away from the normal process of democratic politics, quite likely forever. So it makes sense to require an extraordinary consensus to resolve it permanently." (8/30/2011). St. Petersburg Times.
Cary Coglianese, Edward B. Shils Professor of Law and Professor of Political Science, says the website Performance.gov gives visitors "a picture of what high-level officials in the White House might be seeing when they're managing what's happening across the entire federal government." (8/26/2011). Marketplace.
Working under commission from the Administrative Conference of the United States, Professor Cary Coglianese has published a study with recommendations for federal agencies to improve their use of the Internet for electronic rulemaking. (8/22/2011). Federal Times.
Professor Sarah Paoletti speaks about the protest that roughtly 400 foreign students working at the Hershey warehouse have engaged in since August 17. On Friday Paoletti traveled to Hershey as part of a human rights delegation that interviewed the students about their accusations of unfair working conditions. She concludes, "There’s definitely enough there to warrant an investigation." (8/20/2011). The Patriot-News. Philadelphia Daily News.
Speaking to the importance of federal agencies providing clear links to rulemaking pages on their websites, Professor Cary Coglianese writes, "Rulemaking may perhaps never be a 'top task' in terms of the numbers of web users, but in a democracy few tasks compare in significance with the ability of government agencies to create binding law." (8/16/2011). FierceGovernment. FierceGovernment Editor's Corner.
Professor Jill Fisch explains why News Corp's incorporation in Delaware may protect it from shareholders who attempt to file derivative complaints against the company because of the recent phone hacking scandal and resulting stock plummets. "Delaware law doesn't allow you to say this corporation got into trouble and now we're going to look back and say, 'Gee, the directors saw it coming,'" says Fisch. (8/12/2011). Reuters.
A new Rhode Island law that guarantees municipal bondholders will be paid back even if the cities and towns in which they invest go bankrupt could spur a nationwide trend -- if courts allow it to stand. "One of the big issues with a municipality filing bankruptcy is the effect on bonds, so if that's off the table, you can bet more states will think about passing these kinds of laws," said Professor David Skeel. (8/11/2011). Reuters.
Professor Tom Baker explains why a company like Transatlantic Holdings Inc. would be attractive to Warren Buffett’s Berkshire Hathaway Inc., which recently bid $3.25 billion in an unsolicited offer that seeks to break up a deal the target company had reached with another insurer. (8/8/2011). Bloomberg.
Speaking about the desire of Latinos to label themselves specifically as Hispanics, Chicanos, Spanish, etc. instead of American, Professor Yolanda Vazquez says, "Right now people are saying, 'I am Latino or Hispanic, but because I am proud of where I come from that doesn't mean I'm not an equal American.' " She continues, "That stems directly from the feeling of 'if you as a society don't treat me as an equal, then fine, I'll be something else.' Until we live in a society that doesn't believe that diversity equals the crumbling of a culture, then the mindset is that you're either going to be an 'other' or try to be that white American because there's no middle ground." (8/7/2011). Denver Post.
As Sister Wives star Kody Brown pursues a lawsuit against the State of Utah, arguing that its anti-bigamy law is unconstitutional under the First Amendment and Lawrence v. Texas, both liberals and conservatives return to the question of what role the U.S. government should play in marriage. Under the current system, which lacks any division between civil and religious institutions of marriage, Professor Sarah Barringer Gordon asks, “Is it the business of government to allow equal marriage or to allow marriage that conforms to an idea of religion?” (7/28/2011). The American Prospect.
Zac Byer L'13 warns that "As America approaches her debt ceiling, we are nearing our Regret Ceiling," and recommends that Washington, DC add younger voices to the debt ceiling discussion. "Everybody is talking about Medicare and Social Security," says Byer. "Nobody is talking about how my generation is going to make enough money to pay off its student loans or become homeowners or start businesses." (7/26/2011). The Recovering Politician.
In an editorial about the United States debt ceiling debate, Adjunct Faculty Member Arlen Specter writes, "Facing arguably the greatest potential financial crisis in American history, politics trumps economics as officials focus on the next election instead of the public interest." (7/23/2011). Baltimore Sun.
Professor Anita Allen discusses privacy concerns related to the use of facial recognition technology by law enforcement and social media websites. (7/21/2011). WHYY.
"While repealing the 'full faith and credit' portions of the Defense of Marriage Act is very important for a number of reasons, it will not have the dramatic and far-reaching effect of 'imposing' same-sex marriage upon other states, as many on both sides of the debate often assume," writes Penn Law Professor Tobias Barrington Wolff. (7/21/2011). Huffington Post.
As the phone-hacking scandal continues to unfold, Professor Tom Baker answers the question, "Who is paying News Corp's legal bills?" (7/20/2011). Reuters.
In the first part of a series of articles examining the Occupational Safety and Health Administration's Voluntary Protection Program (VPP), Adam Finkel, director of the Penn Program on Regulation, tells the Center for Public Integrity's iWatch News that while serving as a regional administrator for the agency, he was under pressure to expand VPP membership, sometimes at the cost of enforcement. "It was always, 'How many people are you putting on this? How many new sites have you got?'," says Finkel. (7/7/2011). Huffington Post.
Sarah Barringer Gordon, Arlin M. Adams Professor of Constitutional Law and Professor of History, writes about "A New Mormon Moment." (7/4/2011). New York Times.
Professor Tobias Barrington Wolff says the legal brief filed by the Obama administration on Friday, stating the federal act that defines marriage as being between a man and a woman was motivated by hostility toward gays and lesbians and is unconstitutional, represents "the concrete manifestation of a complete paradigm shift in the federal government's position on anti-gay discrimination and the constitutional rights of married same-sex couples." (7/3/2011). Pittsburgh Post-Gazette. Los Angeles Times.
“Where can you get a divorce?" asks Professor Tobias Barrington Wolff, speaking about the dissolution of same-sex marriage. "The answer might be nowhere, perversely." (7/2/2011). New York Times.
"A basic truth many of our elected officials in Washington fail to grasp is that to confront major problems and reach some level of viable agreement, effective political leadership requires compromise," writes Law School Dean Michael Fitts. (7/1/2011). CNN Op-Ed.
As the U.S. Chamber of Commerce issues praise for its National Chamber Litigation Center's involvement in a recent batch of high-profile, business-related Supreme Court cases, Professor Kermit Roosevelt says the chamber's influence is exaggerated. "It's a pretty pro-business court, so those cases would probably be coming out the same way without the Chamber of Commerce participating," he states. "Generally speaking, interest groups matter if they show the court a perspective that the court wasn't aware of. It's unlikely that the chamber was doing that." (6/30/2011). CQ Roll Call.
Minority Commissioner Bruce Smallacombe's lawsuit against Lackawanna County, PA should not prevent him from collaborating with the Democratic majority commissioners who are also named as defendants, as long as the county's legal counsel can handle the suit "in a way that does not inadvertently expose him (Mr. Smallacombe) to confidential information pertinent to the litigation of the case," says Professor Sarah Paoletti. (6/30/2011). Scranton Times Tribune.
As semiautonomous systems become more common in cars, the question arises: How should insurance companies handle claims linked to the possible failure of these systems? Professor Tom Baker provides possible outcomes of a hypothetical scenario in which an insurance company must determine liability for an accident in which a driver was using his car's active cruise-control system. (6/28/2011). Wired.
New York's legalization of same-sex marriage has renewed interest in the possible repeal of the Defense of Marriage Act (DOMA) and concerns about the possible loss of protections it offers to states that do not recognize gay marriages. However, Professor Tobias Barrington Wolff asserts DOMA gave states no more powers than they already had. “There’s never been a mandatory obligation on the part of one state to recognize a marriage from another state that would violate local public policy” and therefore the overturn or repeal of DOMA likely would not force same-sex marriage upon other states, says Wolff. (6/27/2011). New York Times.
Whether or not Casey Anthony testifies in the trial to determine if she killed her two-year-old daughter, legal analysts, trial observers and mental-health experts agree that the defense team must try to explain her behavior and habit of lying in the wake of her daughter's death. Regarding the possible explanation that sexual abuse in Anthony's childhood precipitated a habit of perpetual lying in adulthood, a causal relationship not yet supported by scientific research, Professor Stephen Morse says, "I'm always leery of causal-link stories. Mostly they are not that relevant." (6/25/2011). Sun Sentinel.
Professor Christopher S. Yoo calls an impending investigation into Google's search-advertising business by the Federal Trade Commission "a major headache for Google even if they ultimately prevail in court." Yoo says that even though changes in antitrust laws in the United States have made it much harder for the government to prevail, the U.S. investigation "will occupy many, many hours of management's time and attention." (6/23/2011). The Guardian.
Penn Law Professor and Deputy Dean Anita L. Allen joins a discussion of how the "publicness" of the internet may or may not affect civility, privacy rights and free expression. Allen writes, "We shouldn’t let the novelty of Web culture cause us to forget the value of old-fashioned decency toward others." (6/22/2011). New York Times.
In a defeat for Wall Street banks, a federal appeals court ruled yesterday that Theflyonthewall.com Inc. did not misappropriate its stock research by publishing headlines about analyst upgrades and downgrades. Asserting that the enforcement of a ban on the republishing of "hot news" is "not the way to protect research," Penn Law Professor Shyamkrishna Balganesh says, "Wall Street needs to take technological measures or alter its business model to prevent competitors from using information without paying." (6/20/2011). Reuters.
In response to the U.S. Supreme Court's ruling in Turner v. Rogers that an indigent defendant does not have an automatic right to court-appointed counsel when faced with being sent to jail for failing to pay child support, Professor Stephanos Bibas, who argued the case in March, says "The court accepted our central argument that child support enforcement proceedings are typically simple and straightforward." (6/20/2011). The National Law Journal (subscription only).
Joining the debate over court-ordered cy pres awards given to charities or other unrelated nonprofit organizations, Penn Law Professor Stephen Burbank defends the practice. "What you are talking about is taking undistributed funds and using it for some worthy purpose," he says. "The importance is that the defendants pay the money, not that the claimants receive the money." (6/17/2011). LegalNewsline.
Kathleen Norland L'12 responds to Senator Rand Paul’s call for a hearing into political asylum given to Iraqi refugees. "The threat posed by those who seek entry for malicious purposes, though minuscule, does exist," Norland writes. "However, we must not let it blind us to the equally urgent reality that thousands of Iraqi refugees seek admission to the United States not with malice but with the hope of emerging from the shadow of fear to earn a living, send their children to school, and to exercise their religious beliefs freely." (6/15/2011). The Hill's Congress Blog Op-Ed.
Adjunct Professor Leo Strine Jr. L'88, a sitting Delaware Court of Chancery judge, has been nominated by the state's governor to replace retiring Chancellor William B. Chandler III as the top judge on what many consider the top business court in the country. (6/8/2011). ABA Journal.
Professor Tobias Barrington Wolff calls Michigan's Proposal 2 amendment, which bans same-sex marriage, "a gratuitous effort to punish and be cruel toward three or four hundred thousand Michigan citizens" and says it would take “a mobilized effort by state legislatures and the people, or action by the federal courts" to make the amendment moot. (6/8/2011). Lansing City Pulse.
Penn Law Professor Tobias Barrington Wolff calls the radio show Impact Exposure to discuss gay rights in the state of Michigan, as well as the nation at large. (6/8/2011). City Pulse Radio.
"[T]o claim that the car companies would have collapsed if the government hadn't intervened in the way it did, and to suggest that the intervention came at very little cost, is a dangerous misreading of our recent history," writes Penn Law Professor David Skeel in an op-ed challenging the government's portrayal of the auto bailouts as a brilliant success with no unpleasant side effects. "Commandeering the bankruptcy process was not, as apologists for the bailouts claim, the only hope for GM and Chrysler. And the long-term costs of the bailouts will be enormous." (6/6/2011). Wall Street Journal Op-Ed.
"A major mistake that people make over and over again when thinking about criminal responsibility and neuroscience is that causation is an excusing condition. It's not," says Professor Stephen J. Morse. "Neuroscience is just another part of the full causal explanation of human behavior. Just because a defendant has a cause that is not under his control does not mean he is not responsible for his crime. A person can suffer from a severe and persistent mental illness and yet still, under the law, be responsible for his actions because he does not meet the criteria for an excuse." (6/2/2011). ScienceDaily.
Penn Law Professor, David Skeel, comments on the product liability in the government's bailouts of car-makers Chrysler and General Motors. “This was not a normal case. The government was deciding who was going to be taken care of and who was not,” said David Skeel, a University of Pennsylvania law school professor and bankruptcy expert. Even if the auto makers had legal rights to leave behind product-liability claims, “there is a deep unfairness,” he said. “It would have been easy enough to set something aside for them.” (5/27/2011). Wall Street Journal.
Penn Law's Stephen Morse weighs in on Jared Loughner's competency hearing. "It demeans the dignity of the criminal trial process to try somebody who doesn't understand what's happening. There's too much risk of erroneous wrongful conviction if he's too out of it." (5/27/2011). Time.
Speaking about the European Union debt crisis, David Skeel finds parallels between the uncertainty of additional bailout funds for Greece and the initial incertitude among U.S. banks after the Bear Stearns bailout. "It's what many economists were calling 'constructive ambiguity'," Skeel said. "If you don't know you're going to be bailed out, that's a good thing, because you will act as if you're not going to be bailed out." (5/25/2011). Brisbane Times.
As corporate boards attempt to develop plans for "black swan" events--unforeseen occurrences like natural disasters, financial collapses, and terrorist attacks--Professor Jill Fisch points out the limitations to their reach. "To a large extent, a board has to rely on management members and outside advisers in terms of bringing serious risks to the board’s attention and recommending a course of action," Fisch says. "Boards are asking more questions but – ultimately – these events are not something they are very well equipped to assess on their own." (5/9/2011). Business Insider.
Does potential presidential candidate Donald Trump's lengthy history of claiming bankruptcy for his businesses clash with the conservative ethos? Penn Law Professor Stephen Burbank says yes. “He brags about bankruptcy being a good deal," remarked Burbank. "He looks like a serial debt avoider. The GOP has been behind making consumer bankruptcy more difficult. Those people should have a problem with the notion of using bankruptcy as another tool in the quest for business advantage.” (5/5/2011). Tucson Sentinel.
Professor R. Polk Wagner offers possible outcomes for a mobile game called "AirDrop PRO" if Apple chooses to file a trademark lawsuit now that it has released a similarly named file transfer feature for Mac OS X Lion. (5/4/2011). CNN.
Discussing the widespread celebration of Osama bin Laden's death in America, Professor Anita Allen said, "It's 100 percent understandable that you feel relief when a source of fear is eliminated. When the fear was collective, the relief will be collective — and the joy will be collective too." (5/4/2011). Time.
Penn Law Professor Jill Fisch, co-director of the Institute for Law and Economics, comments on shareholder concerns related to the succession of Berkshire Hathaway Inc. Chief Executive Officer Warren Buffett now that ethics violations have forced former manager (and replacement frontrunner) David Sokol to resign from the company. (5/1/2011). Bloomberg.
Arguing that the impact of a federal regulation should be studied before and after it is adopted, Professor Cary Coglianese, director of the Penn Program on Regulation, writes, “The debate over regulation stems in part from everyone's insufficiently informed beliefs about the actual impacts of regulation. One way to narrow the political chasm is to generate more facts about what works and what doesn't.” (4/29/2011). Los Angeles Times Op-Ed.
Professor Sarah Paoletti, director of the Transnational Legal Clinic, praises the work of Judith Bernstein Baker, director of HIAS and Council Migration Service and former director of the Toll Public Interest Center. (4/28/2011). Philadelphia Inquirer.
Soon Delaware's Chancery Court, one of the most important business courts in the United States, will get a new chief judge for the first time in 14 years. Professor Jill Fisch anticipates that the selected replacement for Chancellor William Chandler will need to reconsider the relationship between Delaware courts and corporate management. "I have a sense that the Chancery Court is due to re-examine shareholder activism and corporate boards and push up against the Supreme Court," says Fisch. (4/26/2011). Reuters.
Professor Jill Fisch explains the decision of U.S. Securities and Exchange Commission Judge Robert Mahony to bar Delaware money manager David Baldt from working as an investment adviser and institute a small fine after he was found guilty of engaging in insider trading in 2008, rather than impose larger fines that could have run into the hundreds of thousands. Fisch says it's not uncommon for an administrative law judge to impose an industry bar and no fine. A bar is meant to protect the public interest going forward, she notes, while a fine is meant as a punishment for past activities. (4/22/2011). The News Journal.
On Monday the U.S. Supreme Court took up the case of Alejandra Tapia to decide whether federal judges can sentence prisoners to more time behind bars if it's deemed to be for their own good. In his second appearance before the Supreme Court this semester, Professor Stephanos Bibas argued that while a judge could not add an additional five years so that a prisoner could be rehabilitated, the law did not forbid the use of practical programs that would help a prisoner, and in the case of Alejandra Tapia, her sentence should be affirmed because it still was within the range set by law. (4/19/2011). Los Angeles Times.
The Philadelphia Orchestra board voted to file for Chapter 11 reorganization this weekend, a move considered unusual since its assets are more than triple its liabilities. For this reason Professor David Skeel says the American Federation of Musicians may have a "decent argument" that the filing is not in good faith. "There's no requirement that a debtor be insolvent," he explains, "but if the debtor clearly is solvent, the court might be persuaded that the case should be dismissed as not having been filed in good faith." (4/17/2011). Philadelphia Inquirer.
Speaking about Crayola's attempt to have the U.S. Patent and Trademark Office throw out a small competitor's recently awarded patent for colored bubbles, Professor R. Polk Wagner explains that patent re-examinations are rare. "Very, very few patents are re-examined, less than 1 percent," Wagner says. "Re-examination may or may not result in the patent being eliminated entirely. Often the claims are altered slightly." (4/14/2011). The Morning Call.
Have prosecutors and regulators been aggressive enough in pursuing wrongdoing by high-profile participants that led to the latest financial crisis? Professor David Skeel notes, “If you look at the last couple of years and say, ‘This is the big-ticket prosecution that came out of the crisis,’ you realize we haven’t gotten very much.” He continues, “It’s consistent with what many people were worried about during the crisis, that different rules would be applied to different players. It goes to the whole perception that Wall Street was taken care of, and Main Street was not.” (4/14/2011). New York Times.
Penn Law Professor Tobias Barrington Wolff issues a challenge to the LGBT community to join the fight for labor union rights, arguing that labor rights affect LGBT issues; labor unions have been supportive of LGBT issues and the LGBT community must reciprocate; and support of unions is necessary to reframe the political narrative surrounding the labor issue. (4/3/2011). Huffington Post Op-Ed.
Addressing the question of why the Maldivian parliament has not been more productive since constitutional amendments introduced in 2008 attempted to make it less of a ceremonial institution than a functioning national body, Parliamentary Speaker Abdulla Shahid cites difficulties like translating Penn Law Professor Paul Robinson's English draft of the Penal Code into the Dhivehi language. The code, while clear in its English form, did not translate directly into Dhivehi. (3/31/2011). Minivan News.
Commenting on the common police practice of arresting and jailing a homicide suspect immediately on some charges while the murder case is being built, Penn Law Professor Paul H. Robinson explains that there's another potential benefit to putting your prime suspect in jail on other charges: he may confess. "It's pretty common that prosecutors get information from jailhouse snitches," Robinson says. "If there's someone who you highly suspect and you place them in jail, you create the possibility the person will have loose lips when talking to the prisoners and that person will come running to prosecutors." (3/27/2011). Scranton Times Tribune.
Appearing before the Supreme Court yesterday, Penn Law Professor and Director of the Supreme Court Clinic Stephanos Bibas argued the case of Turner v. Rogers, which asks whether indigent people facing jail time for failing to pay child support are entitled to court-appointed lawyers. Bibas, who represented Rebecca Rogers, the woman who had sought child support from Mr. Turner, urged the justices to consider the effect their ruling could have on other areas of the law, like immigration. “We’re talking about reformulating rules in a huge number of states that probably affect hundreds of thousands of cases,” Bibas cautioned. (3/23/2011). New York Times.
Professor Stephanos Bibas argued before the Supreme Court that current child support enforcement proceedings are "straightforward, informal and manageable by laymen," and that indigent persons should not have a right to counsel if they face jail for failing to pay child support. (3/23/2011). Law.com.
Referring to growing concern about the reliability of traditional forensic evidence like fingerprinting, eyewitness identification, and burn patterns now that DNA testing has exonerated 267 prisoners nationwide, Senior Fellow David Rudovsky remarks, "What strikes me is how resistant we are as an institution to change." (3/21/2011). Philadelphia Inquirer.
District Judge Susan Richard Nelson in St. Paul, MN will hear the NFL players' union request to lift the current lockout that went into effect March 12. Nelson picks up the case following the conclusion of federal court judge David S. Doty's oversight of the sport's labor deal, which ended with Friday's expiration of the collective bargaining agreement. Doty, viewed by some as sympathetic to the players, overturned a case earlier this month after the NFL's special master, Penn Law Professor Stephen B. Burbank, refused to bar the owners from receiving television network money during a lockout. (3/14/2011). Washington Post.
Professor David Skeel confirms the possibility of another bank using similar techniques as Lehman Brothers Holdings Inc. to affect financial stability in the future, despite the enactment of the Dodd-Frank law: “These kinds of transactions had a lot to do with the financial crisis and Dodd-Frank doesn’t target them in any direct way.” (3/11/2011). Bloomberg.
Anita Allen, Penn Law professor and member of the Presidential Commission for the Study of Bioethical Issues, answers questions about U.S. medical studies performed in Africa and South America, the ethical concerns of conducting research in prisons, and current policy designed to protect vulnerable test subjects. (3/4/2011). The Root.
In the wake of President Obama's Justice Department's decision to cease defending the constitutionality of the Defense of Marriage Act, Professor Tobias Barrington Wolff explains that there are precedents for a presidential administration refusing to carry out a law. "The situation has come up more frequently in cases involving encroachment on executive authority," says Wolff. "It is a serious matter for an administration to decide it will not defend a statute, but it's not as 'unprecedented' as all the handwringing would suggest." (3/4/2011). Philadelphia Inquirer.
Although negotiators for the National Football League and the players' union continue to meet and discuss their labor agreement, insiders are skeptical that a deal will be reached any time soon. Among the manifestations of contention between the two sides is a separate case before the NFL's special master, Penn Law Professor Stephen B. Burbank, that accuses teams of colluding last offseason to restrict players' salaries. (3/3/2011). Washington Post.
Speaking on the topic of whether states should be permitted to declare bankruptcy and what such changes might mean for pensions, Penn Law Professor David Skeel explains, “Some people on the right see it as a chance to whack the public unions.” (3/3/2011). New York Times.
The negotiations between the NFL and the Players Association continue to develop, with U.S. District Judge David S. Doty on Tuesday overturning an earlier decision by Special Master Stephen Burbank, professor at Penn Law, that sided with the NFL on the matter of television rights fees for team owners. (3/2/2011). Pioneer Press.
Penn Law Professor Stephanos Bibas explains to DealBook that while a federal judge's "change of heart" regarding the flight risk of former Goldman Sachs programmer Sergey Aleynikov "is a little odd," judges "have broad discretion in bail determinations and she is unlikely to be reversed.” (3/2/2011). New York Times.
Tobias Barrington Wolff, University of Pennsylvania Law School professor and White House advisor on LGBT issues, speaks to Radio Times about President Obama's instructions for federal attorneys "not to defend" the Defense of Marriage Act in court, deeming it unconstitutional. (3/2/2011). WHYY.
Penn Law Professor Tom Baker calls the Employee Retirement Income Security Act (ERISA), a federal law intended to protect worker benefits that is now invoked by life insurers to deny paying death benefits to families, “the most important federal insurance regulation of the past generation,” and adds “If ever a law backfired for the public, ERISA is the perfect example.” (3/1/2011). Bloomberg.
Lecturer in Law Jared Genser writes that in addition to the sanctions and investigations adopted by the United Nations Security Council on Feb. 26 in response to recent turmoil in Libya, the Security Council also must "adopt a new resolution to immediately extend recognition to the nascent provisional government of the country, authorize a NATO-supported no-flight zone over Libya to preclude any bombing of civilians, and permit all U.N. members to provide direct support to the provisional government." (2/28/2011). New York Times Op-Ed.
Penn Law Professor and Director of the Entrepreneurship Legal Clinic Praveen Kosuri speaks about bureaucratic challenges faced by entrepreneurs in Philadelphia. "You have lots of [city] agencies that weigh in on many of these decisions," Kosuri explains, "And oftentimes it's essentially that the left hand doesn't know what the right hand is doing." (2/28/2011). Fox 29 (video).
President Obama’s recent conclusion that discrimination against gays and lesbians should be subjected to “heightened scrutiny,” not just the “rational basis” test "is an important milestone in what looks increasingly like irreversible progress toward full social – and legal – acceptance of gays and lesbians," writes Penn Law Professor Kermit Roosevelt. (2/25/2011). Christian Science Monitor Op-Ed.
Penn Law Professor David Skeel comments on the prevailing assumption that regulators will continue to bail out U.S. banking firms in financial trouble instead of proceeding with the orderly liquidation process detailed in the 2010 Dodd-Frank Wall Street reforms. (2/25/2011). Reuters.
On the question of whether allowing states to enter into bankruptcy proceedings would make it easier for states to renegotiate pension and other benefit promises, Penn Law Professor David Skeel anticipates that, if turned into legislation, the proposal would “give debtor states even more power to rewrite union contracts, if the court approves.” (2/24/2011). Institutional Investor.
Professor Tobias Barrington Wolff appeared on The Rachel Maddow Show to explain the implications of President Obama's announcement that the 1996 Defense of Marriage Act is unconstitutional. (2/23/2011). MSNBC (video).
Penn Law Professor Tobias Barrington Wolf tells the New York Times that President Obama's declaration that the Defense of Marriage Act is unconstitutional may have bought the president some time with gay rights leaders who have been critical of his position on same-sex marriage. “He has said that he has been struggling with the issue, and I think he has earned a certain benefit of the doubt,” Wolff said. (2/23/2011). New York Times.
Professor Stephanos Bibas identifies the case of Abdullah al-Kidd as "one of the more visible cases this [Supreme Court] term." Al-Kidd's lawsuit against former attorney general John Ashcroft and other officials contends that using the material-witness law to jail people for purpose of investigation violates rights. (2/22/2011). USA Today.
As states grapple with multibillion-dollar deficits and yawning budget gaps, the world wonders: Can states go bankrupt? Penn Law Professor David Skeel believes a state bankruptcy could be an extension of the federal code governing municipal insolvencies, known as Chapter 9. "I feel that what's been done with municipal bankruptcy ... provides a pretty clear road map for what a state bankruptcy law could do," he said. (2/18/2011). The Deal.
Professor Cary Coglianese, director of the Penn Program on Regulation, discusses the process of developing new government rules and laws that would compel airlines to enhance consumer protections in a political climate that is resistant to regulation. (2/17/2011). Washington Post.
Nicole Isaac L'04, deputy director of Legislative Affairs in the Office of the Vice President, writes on "Making Life a Bit Better for Many Americans." (2/17/2011). The White House Blog.
Penn Law Professor David Skeel comments on whether the federal bankruptcy court would allow MLB documents to be subpoenaed in a case brought by the Madoff bankruptcy trustee seeking $1 billion from Mets owners Fred Wilpon and Saul Katz. The lawsuit alleges that the Mets owners ignored warnings that Madoff was a fraud. (2/11/2011). Fox Sports.
“Now, more than ever, we need ... a solution of last resort that does not depend on using a major federal bail-out as a backstop,” David Skeel, a professor at the University of Pennsylvania Law School, said in written testimony prepared for a hearing on Capitol Hill on Wednesday to address state budgetary woes. Some of Wednesday’s testimony will be dedicated to the question – raised by Republican lawmakers – of whether states should be allowed to file for bankruptcy protection as a solution to their fiscal stress. (2/9/2011). Financial Times.
"An empty chair where a lawyer would normally sit if an indigent litigant could afford legal help undermines our promise of equal justice under law,” writes Louis Rulli (with Michael Carroll) in the article “Filling Gideon’s Empty Chair.” Rulli, who is practice professor of law and clinical director at Penn Law, serves as co-chair of the Philadelphia Bar Association’s Civil Gideon Task Force Education and Communications Working Group. (2/9/2011). Philadelphia Lawyer.
Penn Law Professor Michael Wachter is cited in an article on the debate over federal pay. Referring to a survey that found new postal hires received salaries over 28 percent higher than what they had been paid in the private sector, Professor Wachter and his co-authors described "enormous wage increases over [the employees'] previous wages in full-time private sector jobs." (2/8/2011). NPR.
"What comes after net neutrality is, unfortunately, a little bit more net neutrality," said Penn Law Professor Christopher S. Yoo, suggesting that despite calls for the FCC to move on from the net neutrality debate, he wasn’t confident that would happen. (2/5/2011). Computerworld Australia.
Penn Law Professor Christopher S. Yoo participated in a panel discussion on Federal Communications Commission's (FCC) decision on net neutrality, a policy that requires Internet providers to allow content providers equal access to networks. The program was part of a day-long Free State Foundation conference on the FCC’s decision on net neutrality. (2/4/2011). CSPAN (video).
"If this view of personhood is correct, it would indeed undermine all ordinary conceptions of responsibility and even the coherence of law itself," writes Penn Law Professor Stephen Morse, describing what he calls “neuroscience’s radical challenge to responsibility." His paper is entitled “Neuroscience and the Future of Personhood and Responsibility.” (2/3/2011). Brookings Institution.
Can the Dodd-Frank Act make good on its promise to prevent the next collapse and put an end to government bailouts of private institutions? In his book, “The New Financial Deal: Understanding the Dodd-Frank Act And Its (Unintended) Consequences,” Penn Law Professor David Skeel presents a critical analysis of the landmark legislation. (2/3/2011). Penn Current.
Penn Law Professor David Skeel discusses the financial status of states that have serious deficit issues and the possibility of bankruptcy. (2/3/2011). C-SPAN Washington Journal (video).
Penn Law Professor Jacques deLisle, director of Penn’s Center for East Asian Studies, discusses U.S.-China relations and the state visit of Chinese President Hu Jintao to the U.S. last month. (2/2/2011). Knowledge@Wharton.
NFL Special Master Stephen Burbank, a professor at Penn Law, ruled that the NFL is entitled to rights-fee payments from television networks during a work stoppage, the league announced Tuesday. As special master, Burbank is in charge of resolving disputes between the league and union that arise from their collective bargaining agreement. (2/1/2011). Washington Post.
Penn Law Professor David Skeel discusses a proposal that would allow states to declare bankruptcy as a way to handle overwhelming debt. He wrote the widely circulated opinion page "Give the States a Way to go Bankrupt" for the Weekly Standard. (1/30/2011). NPR.
Louis Mickens-Thomas thought he would die in prison. Instead, after serving more than 40 years for a crime he says he did not commit, he's a free man. The 82-year-old credited his lawyers, who include Penn Law Senior Fellow David Rudovsky, with getting him out. "Didn't seem like it was possible and they did what was impossible," Mickens-Thomas said. (1/26/2011). NewsWorks.
"Reorganizations often have a lot of transition costs associated with them as government begins to work in its new organizational form," said Penn Law Professor Cary Coglianese, who directs the Penn Program on Regulation, discussing President Obama’s State of the Union call for an overhaul of federal bureaucracy. "It may be worth it in some cases, but there's no panacea for making government work better." (1/26/2011). ABC News.
Penn Law Senior Fellow David Rudovsky states a recent increase in police misconduct suits and complaints in Pittsburgh signals the need for a policy review. "I would think any responsible public official would look at that and say maybe there's a problem," Rudovsky said, noting it would make no sense for the city to shell out money in settlements and "not do anything internally." (1/23/2011). Pittsburgh Post-Gazette.
A team of lawyers, including Penn Law Senior Fellow David Rudovsky, won the release of 82-year-old Louis Mickens-Thomas after 45 years of imprisonment. Mickens-Thomas was convicted of the 1964 murder of Edith Connor, 12, largely on the testimony of a crime-lab worker who was later discredited. (1/22/2011). Philadelphia Inquirer.
Penn Law Professor David Skeel discusses topics raised in his new book, The New Financial Deal: Understanding the Dodd-Frank Act and Its (Unintended) Consequences. (1/20/2011). Bloomberg TV.
Penn Law Professor Christopher Yoo spoke about the FCC’s recent vote to impose net neutrality rules on broadband providers. The vote may set up a long-term effort to rewrite the Telecommunications Act of 1996 for the Internet Age, Yoo said. Congress and the FCC should "tread lightly and carefully" when exploring new rules for the Internet because of rapid changes in technology, including a fast move by Internet users to mobile broadband, Yoo added. (1/19/2011). PCWorld.
Penn Law Professor Anita Allen discusses Rep. Gabrielle Giffords’ right to privacy, contending that the public should be grateful for the bits of information that have been released because under current privacy laws, Giffords’ family could have said nothing. And frankly, Allen says, under similar circumstances, that's what a lot of us would want. Maybe Giffords deserves a little private space, Allen suggests — room to heal without all the gory details known to everyone. (1/18/2011). NPR.
Cary Coglianese, Penn Law professor and director of the Penn Program on Regulation, discusses President Obama's order of a far-reaching review of federal regulations with the goal of weeding out rules that hurt job growth and creation. "This is a statement to Republicans in Congress as much as it is to the American people and to the president's own Cabinet officials," Coglianese said. (1/18/2011). Associated Press.
For states facing severe financial problems, we can see the crisis coming from a mile away – and Congress has no excuse not to act by creating a new bankruptcy law for the states, argues Penn Law Professor David Skeel. “The collapse of the big banks in 2008 took the country by surprise, and regulators concluded that they had no other choice than to bail them out. This time we can see the crisis before it is too late, and we have a real choice. Rather than bailing the states out, Congress should give them a fresh start by enacting a new chapter of the bankruptcy laws for states.” (1/18/2011). Wall Street Journal Op-Ed.
Penn Law Adjunct Professor Stuart Diamond's book Getting More: How to Negotiate to Achieve Your Goals in the Real World is number five on the New York Times Hardcover Advice & Misc. Best Seller list. (1/16/2011). New York Times.
Penn Law Professor David Skeel says that state bankruptcy could pass constitutional muster. The key, he says, is that it would have to follow the same rules that govern local-government bankruptcies: The decision to file would have to be voluntary and the bankruptcy court couldn't interfere with governmental powers. He also notes that for states facing major financial challenges, “[t]he issues are so big I really think they can’t be dealt with outside of bankruptcy.” (1/15/2011). Los Angeles Times.
With an NFL lockout possibly looming in early March, the players and the owners have been battling in closed hearings on the validity of television contracts that require the networks to pay the owners for games that will not be played during any work stoppage. With Penn Law Professor Stephen Burbank presiding as a court-ordered "special master," the lawyers for the players and the owners presented their closing arguments on Thursday. Burbank is expected to make a decision on the highly important dispute by Feb. 1. (1/14/2011). ESPN.
Pulitzer Prize-winning former journalist, author, and Penn Law Adjunct Professor Stuart Diamond explains his negotiation tactics for getting a raise. (1/13/2011). Business Insider.
Expert negotiator and Penn Law Adjunct Professor Stuart Diamond discusses successful negotiations and his new book, which is targeted for “everyone and anyone that has a conversation with someone else." (1/12/2011). Main Line Times.
Stephen Morse, a professor of law and psychiatry at the University of Pennsylvania, discusses the insanity defense in the case of Arizona shooter Jared Loughner. Lawyers in federal court tend to regard the insanity plea as “a defense of last resort, because juries are skeptical of claims that a defendant was not responsible for his actions,” said Morse. But given early accounts of the evidence, Loughner’s only chance might be to invoke such a defense. (1/11/2011). New York Times.
Can political rhetoric drive a mentally ill person to violence? Stephen J. Morse, a law, psychology and psychiatry professor at the University of Pennsylvania, discusses the issue in the wake of the devastating Arizona shooting. (1/11/2011). AOL News.
A Q&A with Penn Law Adjunct Professor Stuart Diamond about professional and personal negotiation. (1/11/2011). BNET.
Expert negotiator and Penn Law Adjunct Professor Stuart Diamond lectures at Google headquarters as part of its Leading@Google speaker series. (1/11/2011). YouTube.
Penn Law Adjunct Professor Stuart Diamond and author of the best-selling book Getting More explains how his negotiation tactics ended the three-month Writers Guild of America strike in just two days. (1/11/2011). Business Insider.
Penn Law Adjunct Professor Stuart Diamond appears on “The Conversation with Ross Reynolds” to offer advice on becoming an expert negotiator. (1/10/2011). KUOW 94.9 FM.
Expert negotiator and Penn Law Adjunct Professor Stuart Diamond speaks with Tom Dziubek about his negotiation experience and offers insight into this useful skill. (1/9/2011). Consumerism Commentary Podcast.
Expert negotiator and Penn Law Adjunct Professor Stuart Diamond's book Getting More: How to Negotiate to Achieve Your Goals in the Real World is the number one best-selling Hardcover Business book for the week ending January 2. (1/8/2011). Wall Street Journal.
"This isn't David vs. Goliath," said Penn Law Professor Tom Baker, discussing Toyota squaring off against insurance companies that sued the auto maker last week to recoup sudden-acceleration crash claim payments. "This has to be the worst news that the general counsel of Toyota has gotten in a while. If I'm Toyota and I see name-brand insurance companies suing me, I am definitely paying attention." (1/4/2011). NPR.
Expert negotiator and Penn Law Adjunct Professor Stuart Diamond's book Getting More: How to Negotiate to Achieve Your Goals in the Real World is listed as one of seven books to aid new year's resolutions. (1/1/2011). Chicago Tribune.

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