In the Media

• The current debate in the United States over the war effort in Afghanistan contains no shortage of opinions on the best strategy for defeating the Taliban, but far too little discussion regarding the actual objectives of the war, write Craig Martin and Adnan Zulfigar L'09. (11/7/2009). Japan Times.
• The Fed, FDIC and Treasury insist taxpayers will no longer be rescuing failing financial firms. But will a new proposal to give the government more power to take over and dismantle firms really end bailouts? Penn Law Professor David Skeel says not likely. (10/29/2009). Marketplace.
• A class-action lawsuit filed on behalf of 206 patients who received overdoses of radiation from CT brain scans at Cedars-Sinai Medical Center has little chance of succeeding, says Penn Law Professor Tom Baker. "This is the kind of case that the medical liability system doesn't help us with," he said. (10/24/2009). Los Angeles Times.
• With the Obama administration claiming that Fox News is a partisan organization, not a news organization, Penn Law Professor Christopher Yoo says there’s no evidence that Fox News is breaking Federal Election Commission law, which governs political speech on cable.  “Media members are allowed to be politically active” as long as all campaign contributions are property disclosed, Yoo says. (10/21/2009). Christian Science Monitor.
• The Catholic Diocese of Wilmington is seeking bankruptcy protection in an attempt to manage the potential liability resulting from clergy sexual-abuse lawsuits. Bankruptcy allows an organization to shift from litigation mode to an administrative one in which a mechanism is created for compensating victims, according to David Skeel, a professor of law at the University of Pennsylvania Law School. (10/19/2009). Wilmington News Journal.
• “It’s hard to overstate how important it is knowing what they were told by their lawyers,” Penn Law Professor David Skeel said about Bank of America's takeover of Merrill Lynch. “It will make it much easier to isolate who knew what, and who was on board with the decisions, and who wasn’t.” (10/15/2009). New York Times.
• Delaware judges will need to find a way to avoid ruling in corporate cases involving government-controlled companies like American International Group Inc if they are to protect the state's corporate law, Penn Law Professor Edward B. Rock said.  The federal government has acquired controlling stakes in a number of Delaware-incorporated financial service companies.The result could be a suit filed in Delaware's Chancery Court that forces the judges to address issues that could threaten Delaware's corporate law, which is a "national and international treasure," said Rock. (10/9/2009). Reuters. Philadelphia Inquirer.
• Penn Law Professor Tom Baker discusses healthcare reform, explaining why the need for tort reform is greatly exaggerated. (10/8/2009). Connecticut Public Radio.
• Pennsylvania's trademark counterfeiting law that was overturned by the state's Supreme Court is "a very poorly drafted statute," said Polk Wagner, a professor at the University of Pennsylvania Law School who specializes in intellectual-property issues. "One suspects that the legislature will move very swiftly to fix it." (10/7/2009). Philadelphia Inquirer.
• "In the absence of obvious, hissable villains and a simple story line, the conventional wisdom [about the current financial crisis] seems to focus more on the crisis itself than on its causes, with the Lehman Brothers bankruptcy now viewed as its pivotal moment," writes Penn Law Professor David Skeel. "The Lehman story line is worrisome for at least two reasons: it threatens to distract attention from the causes of the crisis and the story line itself is deeply mistaken." (10/6/2009). New York Times.
• Blackmail is a “wonderfully curious offense,” to use the phrase of Paul H. Robinson, a professor at the University of Pennsylvania Law School and his coauthors in a recent paper. A threat to tell the truth is no crime, and neither is asking someone for money. But if you demand money to prevent the truth from being told, Professor Robinson said, you’ve crossed the line. At its core, he explained, the offense is “a form of wrongful coercion.” (10/3/2009). New York Times.
• The judge reivewing Bank of America decision to buy Merrill Lynch "sort of sees himself as a voice for public rage, as an outlet for it," says David Skeel, a professor at the University of Pennsylvania Law School . "I think he's responding to the general sense of outrage at what happened in that merger.... He sees these cases as teaching moments." (10/2/2009). The Deal.
• Companies often claim that their legal advice should be kept private. But that privilege applies only to the company that hired the lawyers, not its executives, said Jill E. Fisch, a corporate law professor at the University of Pennsylvania. That means that Kenneth Lewis would not be able to block lawyers from revealing information if the Bank of America decided to let them open up. (10/1/2009). New York Times.
• Book Review:In Race, Wrongs, and Remedies, Amy Wax, a law professor who teaches social welfare and remedies at the University of Pennsylvania Law School, seeks to answer this question with a compelling point: There is a 'critical distinction between acknowledging society's responsibility for harms inflicted on black Americans. .. and appreciating blacks' unique power to undo that harm.' (10/1/2009). American Lawyer (subscription).
• A story about Kraft Foods' attempt to buy Cadbury cites research by Penn Law Professor David Skeel showing that the United Kingdom's ban on "frustrating action" clearly makes it easier for a hostile bid to succeed there than in the United States. (9/25/2009). Chicago Tribune.
• Penn Law Professor Tom Baker, author of The Medical Malpractice Myth, discusses healthcare reform on the show Radio Times. (9/23/2009). WHYY (mp3).
• "The rules of international law governing the use of force by victims of aggression are embarrassingly unjust and would never be tolerated by any domestic criminal law system," Penn Law Professor Paul Robinson writes in an op-ed. "They give the advantage to unlawful aggressors and thereby undermine international justice, security and stability." (9/22/2009). Wall Street Journal.
• The U.S. Supreme Court's Iqbal decision made it easier than ever for defendants to shut down lawsuits before they get to the costly discovery stage. Civil rights and consumer groups and trial lawyers are beginning to push back, but altering the federal rules is a lengthy process, noted University of Pennsylvania Law School Professor Stephen Burbank, a strong critic of Iqbal. He also cautioned, "The process is under the control of the Supreme Court, which is responsible for these atrocities."   (9/22/2009). National Law Journal.
• Congress is seeking details about Bank of America's legal conversations at the end of last year about its coming merger with Merrill Lynch. "What makes it complicated is it’s not just two parties, it’s not just three parties, it’s six or seven parties,” said David Skeel, a law professor at the University of Pennsylvania. “It’s like a multiplayer chess game where each party is making different moves from a different strategic position and each party has a huge amount at stake.” (9/20/2009). New York Times.
• Regulators who let Lehman Brothers collapse admit it was a tough ride, but claim it all worked out in the end. Commentator and University of Pennsylvania Law School Professor David Skeel says otherwise. (9/15/2009). Marketplace.
• Tom Baker, a law professor at the University of Pennsylvania and author of The Medical Malpractice Myth, theorizes that having "a common enemy" - trial lawyers - keeps insurance and pharmaceutical companies - the real culprits behind rising costs, he said - from fighting among themselves. (9/13/2009). Philadelphia Inquirer.
• Pittsburgh is trying to balance protestors' free speech rights with security for the upcoming G-20 conference. "There's no First Amendment ruler out there," said David Rudovsky, a professor of law at the University of Pennsylvania who helped the ACLU wrestle with Philadelphia on behalf of protesters prior to the 2000 Republican National Convention. "There are probably 50 factors that go into this balance" between security and expression. (9/12/2009). Pittsburgh Post-Gazette.
• Debtor-in-possession financing illustrates the liquidity phenomenon within bankruptcy. Until the collapse of the credit markets, companies could use Chapter 11 to finance themselves through a rough period. A DIP loan "really dictated the course of the bankruptcy," says David Skeel, law professor at the University of Pennsylvania Law School. "That became the paradigm." After last September's financial meltdown, the DIP market collapsed. (9/11/2009). The Deal.com.
• In 2004, the U.S. Securities and Exchange Commission adopted a program that led to the SEC’s inability to fend off the 2008 economic crisis. “The program was voluntary,” wrote Jill Fisch, law professor at the University of Pennsylvania, in her piece, 'Top Cop or Regulatory Flop,' which looked at the SEC’s role in the crisis. “And the price demanded by the investment banks for their submission to SEC oversight was high.” (9/11/2009). Vancouver Sun.
• President Obama called for a new look at how medical malpractice lawsuits were handled as a possible way of containing spiraling healthcare costs.  But Tom Baker, an insurance industry expert at the University of Pennsylvania Law School, said that while a link between defensive medicine practices and healthcare costs existed, other factors contributed to the range of tests and procedures physicians often ordered. Those factors include patient demands and a push to increase profits.  Costs related to malpractice, Baker said, including damage awards, settlements and insurance rates, constitute just a fraction of healthcare spending nationwide. (9/10/2009). Los Angeles Times.
• Americans must think about the national security implications of climate change, writes Craig Martin, a visiting faculty fellow and lecturer at Penn Law.   (9/10/2009). Baltimore Sun.
• Confucius Institutes, such as the one being created at Widener University, are funded in part by a Chinese government agency and have stirred some controversy in the academic community. Penn Law Professor Jacques de Lisle, a specialist in Chinese law and politics and director of the university's Center for East Asian Studies, did not want to comment on the specifics of the Widener center. In general, he said, some American academics are concerned about the institutes "because of China's pattern of using cultural elements for political purposes." (9/10/2009). Philadelphia Inquirer.
• The recession is making externships more attractive to law students. "We've had a very strong upswing in demand" for externships and clinical courses, said Louis S. Rulli, professor of law and clinical director at the University of Pennsylvania Law School. "This is a generation that is used to succeeding." (9/7/2009). National Law Journal.
• The bankrupt publisher of the Philadelphia Inquirer has run afoul of creditors over its "Keep It Local" campaign, an unusual tactic that appeals to newspaper readers to support insiders' bid for the company. "A question in all this is: Is the object to get the best possible price?" said David Skeel, a professor at the University of Pennsylvania Law School. He said such a campaign in a bankruptcy was highly unusual and compared it to the failed campaign by Britain's Manchester United football club to prevent a takeover by an American investor. (9/4/2009). Reuters.
• Homeowners are rigging their homes with cameras and posting footage of robberies on YouTube. "It has to be seen as a pure benefit from the perspective of crime fighting," says media law professor Ed Baker, at the University of Pennsylvania Law School. (9/3/2009). Christian Science Monitor.
• In a Q&A, Tom Baker, a professor of law and health sciences at the University of Pennsylvania Law School and author of “The Medical Malpractice Myth,” explains why making the legal system less receptive to medical malpractice lawsuits will not significantly affect the costs of medical care. (8/31/2009). New York Times.
• Tom Baker, a law professor at the University of Pennsylvania and author of "The Medical Malpractice Myth," theorized that having "a common enemy" keeps insurance and pharmaceutical companies -- the real culprits behind rising costs, he said -- from fighting among themselves. (8/29/2009). Kansas City Star.
• "Instead of restoring public confidence in government, President Obama's rhetoric on transparency seems to have raised unrealistic expectations," writes Penn Law Professor Cary Coglianese. "The issue is really how much transparency, and what kind, should apply to different aspects of government. Good, open government is not the same as a reality television show, broadcasting every move officials make and every conversation they have." (8/26/2009). Philadelphia Inquirer. SSRN.
• Merrill Lynch "needs to be in damage control" regarding its $3.6 billion in bonus payouts, said Penn Law professor David Skeel. (8/25/2009). New York Times.
• Michael Smerconish, a 1987 graduate of Penn Law School and a talk-show radio host, describes his one-on-one interview with President Obama. "The president soon arrived for his first live radio interview from the White House, five or six minutes ahead of schedule," Smerconish writes. "Suddenly, I faced the task of shooting the breeze with the most powerful man in the world." (8/23/2009). Philadelphia Inquirer.
• In the 1,000 pages of H.R. 3200, the main version of the health reform bill, medical malpractice reform remains the Great Unmentioned.  That's OK with Penn Law Professor Tom Baker, who says that only 4 to 7 percent of those eligible to collect from a doctor actually ever make a malpractice claim. (8/22/2009). Buffalo News.
• Penn Law Professor Tobias Wolff advocates for repeal of the Defense of Marriage Act during a debate with Maggie Gallagher, president of the National Organization for Marriage, on "Lou Dobbs Tonight." (8/20/2009). CNN.
• In the healthcare reform debate, the issue of frivolous lawsuits is “just a distraction,” said Penn Law Professor Tom Baker, author of “The Medical Malpractice Myth.” “If you were to eliminate medical malpractice liability, even forgetting the negative consequences that would have for safety, accountability, and responsiveness, maybe we’d be talking about 1.5 percent of health care costs. So we’re not talking about real money. It’s small relative to the out-of-control cost of health care.” (8/19/2009). Washington Independent. Atlanta Journal Constitution.
• The constitutional question of same-sex marriage is so difficult that the Supreme Court would be well-advised to build on the reasoned consideration of lower appellate courts, writes Penn Law Professor Amy Wax.  The lack of a judicial track record on this complex issue is good enough reason to refrain from considering the validity of California’s Prop. 8. (8/18/2009). New York Times.
• It is "enormously significant" that a new Department of Justice brief regarding the Defense of Marriage Act acknowledges that LGBT couples are just as capable of raising their children as straight couples, said Penn Law Professor Tobias Barrington Wolff, a constitutional law scholar who served as the LGBT policy adviser to the Obama campaign. From the perspective of a civil rights lawyer, Wolff said the government's concession about the child-rearing and procreation argument was the most strategically important part of the brief. (8/17/2009). Advocate.
• Bank of America will likely face more embarrassing disclosures about bonuses paid at Merrill Lynch after a federal judge refused to rubber-stamp a settlement over the $3.6 billion of payouts, "but I see less of a risk to BofA than I do potentially to government officials," said Jill Fisch, a professor at the University of Pennsylvania Law School and co-director of its Institute for Law and Economics.  "One of the things the settlement covers up is the government role, including that of the Federal Reserve," she added. "More disclosure of what went on could provide a check on overreaching by any one regulator." (8/11/2009). Reuters.
• Antavio Johnson does not deserve a two-year jail sentence for some ill-conceived lyrics he wrote as a teenager, writes Penn Law Professor Anita Allen. But the people arguing that all words set to song are protected by freedom of speech are wrong. The Constitution doesn’t protect dangerous and offensive speech absolutely. (8/10/2009). Daily Beast.
• Professor Michael Knoll disucsses implications of a settlement bewteen the IRS and UBS, which he says will entirely undermine a key component of Swiss banks' mystique. (8/10/2009). Marketplace.
• “Neuroscience can give us tons of data that teaches us about our capacities and our propensities, but ultimately it’s up to us to decide" how that relates to laws governing behavior and accountability, said Penn Law Professor Stephen Morse. "Neuroscience might have a lot of information for us, but ultimately deciding what to do won’t be decided by neuroscience, it will be decided by us.” (8/9/2009). Reuters.
• The NCAA and professional sports leagues could face a challenge if they appeal a federal judge's ruling denying their request for a preliminary injunction that would have prevented the state of Delaware from offering sports betting, said University of Pennsylvania Law School Professor Tobias Barrington Wolff. "Basically, the district court balances hardships," Wolff said. "If the district court judge didn't see any harm (to warrant an injunction), it is probably going to be a tough appeal to win. They would have to claim that (the district court judge) underestimated the harm by allowing the lawsuit going forward without an injunction." (8/6/2009). USA Today.
• Prosecutors seeking a jail term for former City Council aide Christopher Wright that would exceed former State Sen. Vincent Fumo's sentence by nearly two years can "easily distinguish this case from that one," said Stephanos Bibas, professor of law and criminology at the University of Pennsylvania Law School. (8/5/2009). Philadelphia Inquirer.
• New York City's claim that bankrupt Lehman Brothers owes $627 million in taxes is leading some to question whether the city was lax in pressing Lehman to pay its taxes because Mayor Bloomberg has been a defender of the financial services industry. “It makes you wonder whether there was a wink-wink-nudge-nudge arrangement because of how important Wall Street is to the city,” said David A. Skeel Jr., a professor of corporate law at the University of Pennsylvania. “It may have made sense for the city not to hold the reins too tightly.” (8/4/2009). New York Times.
• "The medical malpractice litigation explosion is a myth.Medical malpractice, on the other hand, is real. That’s the take of Tom Baker. He’s a professor of law at the University of Pennsylvania Law School." (8/4/2009). Corporate Crime Reporter.
• A new book by Penn Law Professor Amy Wax, Race, Wrongs, and Remedies, is described as "penetrating" in a story about the arrest of Harvard Professor Henry Louis Gates. (8/1/2009). National Journal.
• On the 500th anniversary of his birth, John Calvin is seen by some as contributing to representative democracy and the separation of church and state, writes Penn Law Professor David Skeel. Detractors see Calvin as a dour autocrat obsessed with sin. (7/31/2009). Wall Street Journal.
• Stephanos Bibas, a law professor at the University of Pennsylvania, said he was "surprised and disappointed" by the sentence given to former State Sen. Vincent Fumo, "as I think a lot of people were. The message that comes out [is that] prison is really for those young, dangerous black kids that commit street crime" and that "a culture of corruption in Philadelphia seems to be getting another pass." (7/26/2009). Philadelphia Inquirer.
• In the arrest of Harvard Professor Henry Louis Gates, "What I see as more significant [than race] is the phenomenon of persons being arrested who challenge the authority of police," says David Rudovsky, a senior fellow at the University of Pennsylvania Law School. "It's street punishment." (7/25/2009). Christian Science Monitor.
• With some law firms reducing or eliminating recruiting for summer 2010 associates, "We've been trying to help raise students' awareness that they may need to start their careers at regional firms, smaller firms, local firms, or in government jobs," says Heather Frattone, associate dean for career planning and professionalism at Penn Law. (7/23/2009). AmLaw Daily.
• The Supreme Court's ruling in Ashcroft v. Iqbal “obviously licenses highly subjective judgments,” said Stephen B. Burbank, an authority on civil procedure at the University of Pennsylvania Law School. “This is a blank check for federal judges to get rid of cases they disfavor.” (7/20/2009). New York Times.
• Supreme Court nominee Sonya Sotomayor describes her legal philosophy as fidelity to the law, which “can mean anything you want it to mean,” says Anita Allen, a deputy dean at the University of Pennsylvania Law School. “If you are a staunch conservative, it appeals to you because it sounds like you are not a political person, not an activist, somebody who uses the law to guide you. But if you are a liberal activist, you can also subscribe to this attractive notion because it can mean following the spirit of law.” (7/17/2009). Politico.
• While federal judges are allowed to use their own discretion when it comes to sentencing, judges do not want their decisions appealed later on, says Penn Law Professor Stephanos Bibas, a former federal prosecutor.  "Normally, judges tend to be more cautious and they’re not going to go outside of [sentencing guidelines] very often unless there’s something exceptional." (7/14/2009). WHYY.
• "Anyone who thinks that limiting liability would reduce health care costs is fooling himself. Preventable medical injuries, not patient compensation, are what ring up extra costs for additional treatment," writes Professor Tom Baker, author of The Medical Malpractice Myth. (7/12/2009). New York Times.
• The notion of empathy is more useful than "judicial activism" in explaining differences between liberal and conservative justices, writes Professor Kermit Roosevelt.   (7/8/2009). CBS News.com.
• "The way people think about Ricci [the New Haven firefighter case] – and this includes the justices – is in large part shaped not by logic or law but by their attitudes about the world," writes Professor Kermit Roosevelt. "In particular, it depends on whether they think it is more likely that minority candidates were simply not as good as the whites, or more likely that there was some unintended bias skewing the results." (6/30/2009). Christian Science Monitor.
• Heather Frattone, associate dean for career planning and professionalism at the University of Pennsylvania Law School, noted that business schools hold recruiting session in the spring, so law school should be able to manage the same thing. She was participating in a national roundtable on the future of lawyer hiring that included Penn Law Dean Michael A. Fitts and Penn Law alumni LeaNora Ruffin (NALP president) and Walfrido Martinez (managing partner, Hunton & Williams). (6/30/2009). National Law Journal.
• "What if regulators hadn't bailed out Bear Stearns?" writes Penn Law Professor David Skeel.  "If we conduct this simple thought experiment, it raises serious questions about both the conventional wisdom and the Obama administration's new proposals for regulating investment banks and bank and insurance holding companies." (6/29/2009). Weekly Standard.
• A recent study by Stephen Choi, Penn Law Professor Jill Fisch and Marcel Kahan finds that proxy advisory firms are information aggregators rather than "independent power centers." Their paper, "Director Elections and the Influence of Proxy Advisors," is available at www.ssrn.com. The study expands on the trio's earlier "Director Elections and the Role of Proxy Advisors," which is also available at www.ssrn.com and will appear in the Southern California Law Review later this year. (6/22/2009). The Deal.com.
• Obstruction, as Watergate showed, is key to sentencing politicians such as Vince Fumo. "It's just a very blatant offensive fraud that makes it worse than the ordinary person who takes money from his employer," says Penn Law Professor Stephanos Bibas, an expert on sentencing guidelines. "This is a breach of public trust." (6/20/2009). Philadelphia Inquirer.
• "The stockholders will likely not get anything" as a result of the Chapter 11 bankruptcy filing by Six Flags them park chain, said David Skeel, who teaches bankruptcy at the University of Pennsylvania Law School. But for customers, "If you are going to Six Flags this summer, there's a very good chance you won't recognize anything different." (6/16/2009). Washington Post.
• The "new" Chrysler emerging from bankruptcy won't be liable for product defect claims involving any cars sold before it came into existence. The rights of people who might have claims against a bankrupt company in the future may not be addressed at all. "It ends up getting sorted out in a kind of muddled way," says David Skeel, who teaches bankruptcy at the University of Pennsylvania Law School. (6/10/2009). Business Week.
• “I’m astonished she even stayed the sale, but I find it quite encouraging, because I find it important that they take a close look at the issues,” David A. Skeel Jr., a law professor at the University of Pennsylvania, said about Justice Ruth Bader Ginsburg's order on Chrysler. “I think it’s a good move. My guess is in the end they will approve the sale.” (6/8/2009). New York Times. Los Angeles Times.
• "I have not yet seen cases that she's decided that really seem to me to give a clear picture of where she's headed," David Skeel, a corporate law professor at the University of Pennsylvania Law School, said about Supreme Court nominee Sonia Sotomayor. "The business decisions seem to me to look like what appeals court decisions look like: relatively straightforward exercises." (6/8/2009). American Banker.
• "Judicial activism" is often used to identify decisions with which people disagree on ideological grounds and to pretend to criticize them in a neutral way, said Kermit Roosevelt of the University of Pennsylvania Law School and author of The Myth of Judicial Activism: Making Sense of Supreme Court Decisions . "My preference would be for junking [the term]," he said. (6/8/2009). National Law Journal.
• Tobias Wolff, professor of law at the University of Pennsylvania Law School and adviser on gay issues to the Obama presidential campaign, and Maggie Gallagher of the National Organization for Marriage, discuss gay marriage.   (6/1/2009). CNN.
• With the nomination of Sonia Sotomayor to the Supreme Court, the phrase "judicial activism" is in the air again. Kermit Roosevelt, a law professor at the University of Pennsylvania and author of The Myth of Judicial Activism: Making Sense of Supreme Court Decisions, talks about what "judicial activism" means. (6/1/2009). NPR.
• Companies that file Chapter 11 could get stuck in bankruptcy if creditors can't agree on a reorganization plan. "There is always the chance that the case will get bogged down in court, and during that time the business will deteriorate even more," said David Skeel, a professor at the University of Pennsylvania Law School. (6/1/2009). Chicago Tribune.
• While new Chinese law creates safety and recall standards for foodmakers, local enforcement of the law is less certain."There are going to be local interests that cut against enforcing it, for instance shutting down local producers can have an adverse effect on the local economy, and that's something local officials worry a great deal about," said Penn Law professor Jacques deLisle. Listen here. (6/1/2009). Marketplace.
• GM and Chrysler LLC are in a similar position, trying to get their costs in line with those of competitors such as Toyota, noted David Skeel, a professor of corporate law at the University of Pennsylvania Law School. (5/31/2009). Detroit Free Press. USA Today.
• Professor Tobias Wolff discusses President Obama's approach to same-sex marriage. (5/30/2009). BBC.
• The "Law of Law Firms" seminar offered by the University of Pennsylvania Law School covers the statutory and regulatory laws that underlie and are embedded in the organization and operation of a law firm. It addresses how law firms behave, politically, socially and financially, and how the culture and organization drive and shape one another, said Vice Dean Jo-Ann Verrier. (5/28/2009). New York Law Journal.
• A report on executive compensation and board oversight references a 2008 paper by Penn Law Professor Edward Rock and Marcel Kahan of NYU, in which they argue that bosses have been losing power steadily to boards of directors and shareholders over a number of years (5/28/2009). The Economist.
• Jill E. Fisch, a professor at the University of Pennsylvania Law School and an expert in securities regulation, suggested that in such areas of specialization, Judge Sotomayor’s opinions tend to be “fairly technical and restrained,” but without the flair of a jurist who feels deeply one way or another about the topic. “I don’t see this as one of her core interests,” she said, suggesting that in such cases the judge might “look at the letter of the law, and follow the leadership of those who have more passion for those questions.” (5/27/2009). New York Times.
• Kermit Roosevelt, professor at the University of Pennsylvania Law School and a former clerk for retiring Justice David Souter, called the Sotomayor nomination "a safe pick. I don't think she'll have trouble getting confirmed. It's hard to oppose her." Sotomayor "brings a broader range of experience to the Court, and it's a testament to the broader inclusiveness of society." (5/27/2009). Philadelphia Daily News.
• President Obama's nomination of Sonia Sotomayor to succeed Justice David Souther probably will not make much difference in Supreme Courrt votes, said Penn Law Professor Kermit Roosevelt, a former judicial clerk to Souter. (5/27/2009). CBS3.
• Professor William Burke-White, whose Penn Law class on international law routinely is oversubscribed and is arguably one of the Law School's most sought-after classes, brings long experience abroad to his new assignment advising Secretary of State Hillary Rodham Clinton on long-range policy questions involving Russia and international law. (5/26/2009). Philadelphia Inquirer.
• The University of Pennsylvania, Yale and Northwestern are among top schools offering a three-year JD/MBA.  [Penn's announcement is here; more info on Penn's program is here.] (5/20/2009). Wall Street Journal.
• Military commissions, which are being revived by President Barack Obama to try suspected terrorists, "have proven ineffective as an alternate means of detaining people," writes Penn Law Professor Kermit Roosevelt. (5/19/2009). CBS News.
• University of Pennsylvania Law School 2009 graduate Susan Wilker accepted a job with Massachusetts Appleseed Center for Law and Justice, a nonprofit that focuses on education discipline and juvenile justice, when her position at Boston law firm Ropes and Gray was deferred until at least January. "Because I know I can go back to Ropes in 2010, I am really excited to do something entirely different," Wilker says. And as one of only three staffers at the nonprofit, she adds, "I know I can make an impact." (5/17/2009). Time.
• Heather Frattone, associate dean for career planning and professionalism at the University of Pennsylvania Law School, said Drinker Biddle's program reducing first-year associate starting salaries and beginning a training program is creative. She said it is one of many options on the menu of solutions firms are trying to come up with to combat the decrease in demand for legal services while still looking for innovative ways to train young attorneys. "All of these things will be tested in the market for the next few years," Frattone said. (5/12/2009). Legal Intelligencer.
• University of Pennsylvania Law School professor Kermit Roosevelt, who clerked for Justice David Souter a decade ago, saod "Mostly he hired people with a predisposition to be reflective and contemplative." Once hired, Roosevelt said, clerks learned from Souter "to accept the legitimacy of opposing viewpoints — not to assume that someone who opposes you is dishonest or wilfully blind to the truth." (5/11/2009). National Law Journal.
• Heather Frattone, associate dean for career planning and professionalism at the University of Pennsylvania Law School, is telling deferred students to have a Plan B. She remains optimistic that law firms will follow through on their assurances, but she also is encouraging students in the 2010 and 2011 classes to scrutinize law firms closely to make sure that they are in solid financial shape. (5/11/2009). National Law Journal.
• "The Obama administration has closely patterned itself on the famous opening year of President Franklin D. Roosevelt’s New Deal," writes Professor David Skeel. "But the plans the administration has rolled out for Chrysler and is now cheering on in the bankruptcy court would make a true New Dealer turn over in his grave." (5/8/2009). The American.
• Retiring Supreme Court Justice David Souter "would frequently talk about how eager he was to get back to New Hampshire at the end of the term," said Kermit Roosevelt, a constitutional law professor at the University of Pennsylvania, who clerked for Souter in 1999 and 2000. "He likes to read and hike and spend time with close friends. The Washington social scene was too artificial and built on status for him." (5/6/2009). Philadelphia Inquirer.
• Penn Law Dean Michael A. Fitts told the Third Circuit Judicial Conference that curriculum reform can help more law school graduates leave school with better knowledge of how to apply what they've learned in a real world setting. At Penn Law, he pointed out, nearly half of the faculty also teach in another discipline and a number of law courses are taught jointly with other schools at the university. Law students need to learn "problem solving as opposed to issue-spotting," he said. (5/6/2009). Law.com.
• Tobias Wolff, a law professor at the University of Pennsylvania who was President Obama’s top campaign adviser on gay rights, said the president needs time to build political consensus around issues such as gay marriage and the military's "don't ask, don't tell" policy.  “I think he has a genuine sense that in order to move these issues forward you need broader buy-in than you are going to get if you poke a stick in too many people’s eyes,” he said. (5/6/2009). New York Times.
• Penn Law Professor Kermit Roosevelt joins Law.com bloggers and co-hosts J. Craig Williams and Bob Ambrogi, and University of Virginia law Professor Daniel J. Meadorto, to reflect on Justice David Souter’s career, look at the potential list of replacements and the opportunity for President Obama to leave an imprint with his choice for the Supreme Court. (5/6/2009). Legal Talk Network. Legal Blog Watch.
• Supreme Court Justice David Souter is “a much warmer and wittier man than most people suspect,” said Kermit Roosevelt, a former Souter law clerk who teaches at the University of Pennsylvania Law School in Philadelphia. “I doubt there’s any justice better loved by his clerks.”  See also: ABC-TV, New York Times, USA Today, Washington Post and Los Angeles Times. (5/4/2009). Bloomberg. Slate.
• Justice David Souter's retirement "offers Mr. Obama an early opportunity to make a lasting mark on the country," writes former Souter law clerk and Penn Law Professor Kermit Roosevelt. "That's because he can do more than appoint a reliably liberal jurist – which wouldn't greatly affect the court's rulings. He can appoint a jurist with that rare ability to persuade her conservative colleagues – which emphatically would affect the court's rulings.... The community-organizer president needs to pick a coalition-builder justice." (5/4/2009). Christian Science Monitor.
• The EPA recently proposed regulating greenhouse gases under the Clean Air Act. Unfortunately, using this 1970s-era law to address climate change is like driving a Model T on a cross-country trip, Penn Law Professor Cary Coglianese, who is director of the Penn Program on Regulation, writes in an op-ed.  (5/2/2009). Boston Globe.
• "We’re putting [the Chrysler] bankruptcy judge in the position of really deciding the entire case with the government breathing down his neck," David Skeel, a professor at the University of Pennsylvania Law School, told the Associated Press. “It puts the bankruptcy judge in an untenable position." (5/1/2009). Detroit Free Press. San Francisco Chronicle.
• Penn Law Professor Cary Coglianese, director of the Penn Program on Regulation, told a Congresstional hearing that the role science plays in the decision-making process must be understood in context. This is because regulators have to weigh a variety of factors, such as effectiveness, efficiency and fairness. Furthermore, he said regulators should not hide decision-making behind the "cloak of science" because that misinforms the public about which factors were used to come up with any specific regulation. "Science cannot do everything," Coglianese said. "Science describes; it does not prescribe. Regulatory agencies tend to blur that distinction."  [See news release.] (5/1/2009). E&E News.
• Penn Law Professor David Skeel said the government is basically "quarterbacking the process" in the Chrysler bankruptcy. "What makes this unusual is we're putting a bankruptcy judge in the position of really deciding the entire case with the government breathing down his neck," he said. "It puts the bankruptcy judge in an untenable position." (4/30/2009). Chicago Tribune. Chicago Tribune.
• According to Stephen Burbank, a law professor and former general counsel at the University of Pennsylvania, the legal profession has been slow to innovate but is now beginning to explore new business models. (4/29/2009). Forbes.
• As some law firms defer the start dates of new hires, David Skeel, professor of corporate law at the University of Pennsylvania Law School, says the deferrals are merely symptomatic of deeper shifts underway in the world of big law. He's not convinced deferrals will become an ongoing institutional practice, but he does envision a new layer of entry-level lawyers making a lot less than they do now. (4/28/2009). Philadelphia Inquirer.
• Two faithful Mormons -- an interrogator and a government attorney -- reached very different conclusions of conscience about torture. "Only the pacifists really shine at moments like these," says Sarah Barringer Gordon, a constitutional law professor at the University of Pennsylvania. She says Mormon players in President Bush's torture program are being singled out unfairly. "This looks like the actions of people, Mormons as well as others, who made enormously dangerous and inhumane mistakes about what our national policy should be," Gordon says. "The media is isolating a few individuals and the issue is swirling around them relentlessly." (4/28/2009). Salt Lake Tribune.
• Immigration restrictions, like trade restrictions, protect native workers to the detriment of employers who pay them and consumers who purchase the goods or service from them, Penn Law Professor Howard Chang said at a University of Scranton event.  Chang called for a path toward legal citizenship based on an immigrant’s work history, clean criminal record and other criteria. (4/28/2009). Scranton Times-Tribune.
• With law firms delaying start dates for some 2009 graduates, Penn Law been helping to link up students with job openings in public-service legal programs, advising them on career strategies, and offering information on such matters as seeking student-loan deferments and getting extensions on their student health insurance, says Heather Frattone, associate dean for career planning and professionalism. (4/26/2009). Philadelphia Inquirer.
• Should one or more automakers file for bankuptcy protection, the choice of courthouse can have serious implications, said David A. Skeel, a law professor at the University of Pennsylvania. The Third Circuit, which includes Delaware, had an established court opinion that makes it harder to redo a collective bargaining agreement, a likely sticking point in a G.M. case.  On the other hand, he said, the Detroit court is a bit of a “wild card,” having given few signals in substantial cases there of how it would resolve complex issues. (4/26/2009). New York Times.
• Officials are investigating the Philadelphia Police Narcotics Field Unit for misuse of search warrants. "I think supervisors dropped the ball," said David Rudovsky, a prominent civil-rights attorney and senior fellow at Penn Law."You can have the best rules in the world, but if you don't enforce them and apply them and supervise, they [the rules] won't mean very much." (4/24/2009). Philadelphia Daily News.
• Second-year Penn Law students Eugenia Birman and Megan Ridley argue in an op-ed that the Obama administration should use the potential bankruptcies of Chrysler and GM to not only overhaul the auto industry but also reform the bankruptcy system. (4/23/2009). Madison (Wisc) Capital Times.
• "Huge actual layoffs of journalists as well as threatened closures of towns' only daily are a major threat to democracy," C. Edwin Baker, a professor at the University of Pennsylvania Law School, told a congressional subcommittee. "When people are reading newspapers, corruption goes down." (4/22/2009). Scripps Howard. Philadelphia Inquirer.
• GM's announcement that it does not plan to make a $1 billion debt payment June 1 is "one more sign that bankruptcy is likely to happen," says Penn Law Professor David Skeel. (4/22/2009). Forbes.
• An article about the Obama administration's response to the economic crisis cites a Wall Street Journal op-ed by Penn Law Professor David Skeel and and Wharton School Professor Francis Diebold, in which they wrote that the Lehman bankruptcy was so chaotic primarily because nobody thought the government would actually let Lehman fail. If the government had not bailed out Bear Stearns a few months earlier, the professors wrote, then "Lehman and its buyers would not have played chicken with the Fed and Treasury as they did, holding out for a government guarantee of the sales of Lehman's assets." (4/20/2009). National Review (subscription).
• The law firm Weil, Gotshal & Manges is seeking $55 million for its work handling Lehman Brothers' bankruptcy. David Skeel, a bankruptcy-law professor at the University of Pennsylvania, said the fees paid to top firms are often worth the results they deliver.  "Weil did great work in Enron," he says.  "It started in complete chaos, but in the end, creditors got a decent recovery."   (4/16/2009). Wall Street Journal (subscription).
• Justice Department lawyers are facing a criminal probe for prosecutorial misconduct following the collapse of the corruption case against Sen. Ted Stevens of Alaska. Prosecutors must reveal all relevant evidence, even if it jeopardizes their own case, but they often are judged solely by wins and losses. "Prosecutors can't police themselves," says Stephanos Bibas, a law professor at the University of Pennsylvania and a former federal prosecutor. (4/16/2009). Wall Street Journal (subscription).
• Should the government share the results of its stress tests of 19 major banks?  Experience shows that more disclosure rather than less is better when it comes to banks, says Penn Law Professor Jill Fisch, who specializes in securities issues. "We did get into this mess because we had a lot of sloppiness in the way financial institutions and others were required to disclose their values and models and risk," she said. "Going forward that can't be a good thing." (4/15/2009). Reuters.
• Civil rights lawyer David Rudovsky, a senior fellow at Penn Law, praised Philadelphia District Attorney Lynne Abraham for managing her office with integrity, but added: “She and her office has too often displayed an attitude that justice is served when the District Attorney wins. That’s reflected in her too often criticism of judges who rule against her or against police in certain cases.” (4/8/2009). WHYY.
• As lawyers for General Motors consider a possible bankruptcy filing, and doing so in New York, it may be difficult for them to justify filing in a court outside of GM's home city and state of incorporation. "If they file in New York they will have to take some punches. It will set off at least a temporary firestorm," said David Skeel of the University of Pennsylvania Law School, who is also an expert on the history of bankruptcy. (4/7/2009). Forbes. Reuters.
• The Pennsylvania Supreme Court’s increase in the annual attorney assessment will provide greater assistance to legal services for the poor. “The profession is stepping up to the plate together with the Supreme Court (to show) that it's critical in our society, particularly in this time, to increase funding and response to the overwhelming need of low-income Pennsylvanians for civil legal services,” said Lou Rulli, director of the Gittis Center for Clinical Legal Studies at Penn Law. (4/6/2009). Legal Intelligencer (subscription).
• Penn Law Professor David Skeel's history of bankruptcy, his book Debt's Dominion, is cited in an article about the essential roles of failure and bankruptcy in capitalism. (4/2/2009). Wall Street Journal.
• NFL Special Master and Penn Law Professor Stephen Burbank will decide whether teams can withhold guaranteed salaries and bonus money from players who get in trouble off the field. (4/2/2009). USA Today.
• The government’s plan to dictate terms as the provider of G.M.’s bankruptcy financing is not without risk. “You’re introducing politics into the process,” David A. Skeel, a law professor at the University of Pennsylvania. “The hope is that if we call it a controlled bankruptcy, that’s what it will be.” (4/1/2009). New York Times.
• The real problem facing health care is too much malpractice, not too much litigation, says Tom Baker, a law professor at the Universityof Pennsylvania. "The idea that Americans are suit-happy, litigation-crazy,and ready to rumble in the courts is one of the more amazing myths of our time. It's not pretty to say, but doctors and nurses make preventable mistakes that kill more people in the United States every year than workplace and automobile accidents combined." (3/31/2009). Canadian Medical Association Journal.
• "I don't see it as a few-week thing," David Skeel, a bankruptcy law expert at the University of Pennsylvania's Law School, says about a General Motors bankruptcy. "GM is not a classic in-and-out type of company." (3/31/2009). Forbes.
• "There's certainly no lessening of racially charged barbs aimed at the president," said Anita L. Allen, a University of Pennsylvania law school professor who has studied race relations for years. "In fact there may be more, some vicious and cruel by his enemies and some distasteful and playful by his friends." The reason, she said, is that "our legal culture says it's OK and our ethical culture is disparate." (3/30/2009). Associated Press.
• During economic downturns, “We run roughshod over some contracts and not over others,” said David A. Skeel, a law professor at the University of Pennsylvania. “Right now, employment contracts seem to be the type of contract that is viewed as eminently rewritable.” (3/30/2009). New York Times.
• "Extending the FDIC's authority, in conjunction with Treasury and the Fed, to include investment banks and other financial institutions is being sold as a small and pragmatic step. In reality it is a big step, and that big step would be a big mistake" write Penn Law Professor David Skeel and Wharton School Professor Francis Diebold.   (3/27/2009). Wall Street Journal.
• Experts are disputing the wisdom of New Jersey having charged a 14-year-old girl with child pornography after she alledgedly posted explicit nude pictures of herself on MySpace.com. "I'm not sure I've seen a prosecution like this coming out of a social networking site," said Seth Kreimer, a constitutional law professor at the University of Pennsylvania. (3/27/2009). Chicago Tribune.
• The war-renouncing provision of Japan's constitution does not preclude it from deploying naval forces to defend against pirates on the high seas, writes Canadian lawyer and Penn Law doctoral student Craig Martin.   (3/26/2009). Japan Times.
• The political furor over bonuses paid by A.I.G. might put at risk the longer-term need to change the financial system. "The political gamesmanship is going to make it a lot more complicated," said Penn Law Professor David Skeel. (3/20/2009). Philadelphia Inquirer.
• The blasphemy laws that remain on the books in several states are “arcane and rarely enforced,” said Penn Law Professor Sarah Barringer Gordon.  But they do provide states with a “symbolic power” of moral condemnation, as well as the prospect of actual punishment. (3/20/2009). New York Times.
• Congressional legislation to protect reporters from being compelled to reveal confidential sources needs to clarify who qualifies as a reporter, no easy task in the fast-evolving new media marketplace. Penn Law Professor C. Edwin Baker favors a definition that goes beyond reporting for traditional print and broadcast media.  He notes that lower courts have offered various definitions but that the Supreme Court has tried to avoid defining the "press." (3/19/2009). National Journal.
• Worries about extensive damage to the financial system if AIG is allowed to fail might be overblown. Penn Law Professor David Skeel says the U.S. government can simply step in and guarantee the key trades among counterparties. "I think the claim that the sky will fall if the company winds up in Chapter 11 is generally unfounded," he says (3/19/2009). Forbes.
• R. Allen Stanford, accused of orchestrating a $9.2 billion investment fraud scheme, now has the government joining the line of people trying to retrieve money from him. "The IRS will get paid first," before investors, said tax expert and Penn Law Professor Michael Knoll. "At least out of money that can be reached within the United States." (CNN) (3/18/2009).
• Defense attorneys for former state Sen. Vincent Fumo are not likely to win an appeal of his conviction based on a blogging juror, said David Rudovsky, senior fellow at the University of Pennsylvania Law School. "Courts generally will not overturn a verdict unless there was improper conduct and prejudice toward the defendant," he said. "It's not clear the defense has been able to show prejudice toward the defendant." (3/17/2009). Philadelphia Daily News.
• “President Obama — a former law lecturer and outstanding contracts student —will exercise the power of the deal ... and will hold up the money that A.I.G. needs” to stop similar bonus payments in the future, writes Penn Law Professor Tom Baker. “After all, it’s the people’s money, and the people are with him.” (3/17/2009). New York Times.
• Dow Chemical's previous plan to preserve Rohm & Haas Co. as a strong stand-alone subsidiary in the merged companies is now subject to renegotiaion, says Penn Law Professor Edward Rock. "Dow is buying the business and can run it the way it wants to," Rock said. "At the point the Haas family decided to diversify its assets, that spelled the end of Rohm & Haas as an independent Philadelphia-based organization." (3/15/2009). Philadelphia Inquirer.
• Environmentalists should not fret over the Obama administration's intention to close an EPA program that rewards voluntary pollution control by corporations, says Penn Law Professor Cary Coglianese."In the program's absence, responsible companies will still continue to go beyond compliance and make environmental progress," he said. (3/14/2009). Philadelphia Inquirer.
• Penn Law Professor Kermit Roosevelt is among former law clerks to Supreme Court Associate Justice David Souter who are telling the justice it is too soon for him to retire. "We have suggested to him that history has put him in a place where he can be a force for good and that we would like him to continue to do that,'' said Roosevelt. (3/14/2009). New York Times.
• Despite the epic volatility of the stock market last year, settlements in class-action securities cases fell more than 50% to the lowest levels since 2003. "There's a lot of cases against companies in the financial sector," said Jill Fisch, a professor of securities law at the University of Pennsylvania Law School. "When you've got the whole sector trading for less than $5 a share, what's the effect of the fraud?" (3/11/2009). Forbes.
• An annuity scheme popular in the late 19th Century could hold the key to providing health insurance for adults ages 19-29, who account for more than one-third of all uninsured adults, Professor Tom Baker writes in an op-ed. (3/9/2009). New York Times.
• Penn Law Professor Stephen Morse, a psychologist and expert in criminal law, told a Dartmouth College audience that what we learn about the human brain in the coming century is more likely to help improve laws that bring them crashing down. (Valley News) (3/9/2009).
• Listen as Penn Law Professor Tom Baker and BusinessWeek writer Diane Brady talk with Radio Times host Marty Moss-Coane about the question: "Why is AIG to big to fail?" (3/9/2009). WHYY.
• Nearly one-half of the 47 nations meeting in Geneva as part of the United Nations' Human Rights Council are directly or indirectly guilty of "arbitrary or unlawful deprivation of life" according to the U.S. State Department, writes Harry Reicher, who teaches international human rights at Penn Law. "How can the system be taken seriously?" he asks. "What can be expected of other countries if members of the council that is meant to show an example act the way they do?" (3/9/2009). National Law Journal.
• Even though domestic partners are afforded equal spousal rights, they are less likely to have them granted in certain settings, says Professor Tobias Wolff. (3/6/2009). Chicago Tribune. NBC4 / LA.
• "When you have evidence like DNA, which is the gold standard now, it's simply arbitrary in a constitutional sense to deny ... the right to do the testing," says Penn Law Professor David Rudovsky. (3/2/2009). NPR.
• On Monday, the Supreme Court will be asked to rule in favor of a Constitutional right to seek DNA evidence that could show innocence. "We have to convince the court that this is something so powerful, so unique and so conclusive that it is arbitrary and unfair to deny it," said David Rudovsky, a University of Pennsylvania law professor who has represented several inmates who were freed after DNA tests exonerated them. (3/1/2009). Los Angeles Times. Chicago Tribune.
• Eleven-year-old Jordan Brown, accused of killing his father's pregnant fiancé with a hunting rifle, does not, under any circumstances, belong in an adult prison among the tough guys one sees on cable lock-up shows, writes Professor Anita Allen. (2/26/2009). The Daily Beast.
• With the tax changes proposed by President Obama, "A number of people have assumed private equity would restructure how they do deals,” University of Pennsylvania law Professor Michael Knoll said (2/26/2009). Wall Street Journal.
• All parties involved in the bankruptcy filing by the owners of Philadelphia's major newspapers might be forced to wait until business conditions improve, with the hope of eventually salvaging everyone's investment, said David Skeel, a law professor at the University of Pennsylvania and an expert on bankruptcy. (2/25/2009). Philadelphia Inquirer.
• Jon Cannon, a 1974 graduate of the University of Pennsylvania Law School and a professor at the University of Virginia School of Law, has been nominated by President Obama to be deputy administrator of the Environmental Protection Agency.   (2/25/2009). National Law Journal.
• Applications to Penn Law are up 6 percent compared to last year, while the number of law school applications nationally has risen by less than 1 percent. (2/24/2009). ABA Journal. Philadelphia Inquirer.
• Penn Law is keeping its grading system, even though several leading law schools are retooling their grading policies.  "I think each school has to look at their culture, their own pedagogy, their own curriculum and make a decision for themselves what works best," said Penn Law Dean Michael A. Fitts. "When you have a less refined grading system, people who are employing your graduates are going to make distinctions, but they'll make them on their own grounds." (2/23/2009). National Law Journal.
• Officials in Indianapolis are considering dropping a decades-old requirement to meet federal benchmarks for the percentages of women and African-Americans in the police and fire departments but, "If your goal is nondiscrimination, how do you know if you've achieved that without benchmarks?" said Alan M. Lerner, an expert on employment law who teaches at University of Pennsylvania Law School. (2/23/2009). Indianapolis Star.
• The right to DNA testing should not be limited by individual states, said University of Pennsylvania law professor David Rudovsky. "There are people out there now in prison who are innocent," Rudovksy said, but the jurisdictions in which they were convicted deny them access to DNA evidence that would prove it. (2/22/2009). Washington Post.
• While workers on H1-B visas aren’t included in a law that protects green-card holders from employment discrimination, demands that Microsoft layoff foreigners before cutting jobs held by citizens may violate civil rights laws, said Howard Chang, a professor at the University of Pennsylvania Law School. (2/20/2009). Bloomberg.
• There was no legal conflict when the Delaware River Port Authority hired Pennsylvania Gov. Ed Rendell's fomer law firm, said Penn Law Professor Geoffrey Hazard, an expert in legal ethics, because the arrangement was "open and known to the public.  Everybody wants to suspect improper connection if there is any connection at all. What are you going to do, hire somebody from Mars?" (2/18/2009). Philadelphia Inquirer.
• Law Professor David Skeel joined President Amy Gutmann and scholars from around the University on Feb. 17 to discuss causes of the current economic downturn and what can be expected moving forward. (2/17/2009). C-SPAN.
• Adam Finkel, a former Labor Department official who now is executive director of the University of Pennsylvania Law School Program on Regulation, said he hopes Cass Sunstein, the new president’s likely choice to oversee rules for everything from global warming to workplace safety, will moderate his conservative views. “When you do it right, you see there are a lot of things we need to regulate significantly,” Finkel said. (2/10/2009). Bloomberg.
• As litigation costs threaten to consume insurance coverage limits for financial firms sued in connection to the alleged Madoff investment scheme, Tom Baker, a professor of insurance law at the University of Pennsylvania, is skeptical that plaintiffs and defendants will enter into quick settlements in order to maximize payouts to aggrieved investors.  Settlements with insurance companies typically happen only with companies that are already insolvent, he said. (2/6/2009). Law360 (Subscription).
• A leading factor causing CEOs to lose power to shareholders and boards is the rise of institutional investors, a trend that began as far back as the 1980s and has continued unabated, says Penn Law Professor Edward B. Rock. "The day is not far off when dispersed individual investors will own only a trivial fraction of equities." (2/6/2009). Reuters.
• Will iPhone’s multitouch monopoly withstand a challenge from Palm’s Pre? Probably not, says Professor R. Polk Wagner, who specializes in patents and intellectual property as it relates to technology. (2/3/2009). Gizmodo.
• Edward B. Rock, a corporate law professor at the University of Pennsylvania, said Dow Chemical's attempt to postpone its acquisition of Rohm & Haas Co. is "really quite extraordinary" because the company doesn't seem to have a legal defense.  Dow could close the deal, Rock said. "It's just a deal that made more sense last summer than it does today. They think they overpaid." (2/1/2009). Philadelphia Inquirer.
• In what will be a "bonanza for lawyers," litigation over Bernard L. Madoff's alleged $50 billion Ponzi scheme will pick up as victims seek help from their insurance companies – and those insurance companies balk at paying at least some of the claims, said Tom Baker, a professor of insurance law at the University of Pennsylvania. “The question will be will their insurance companies step up to the plate.” (1/30/2009). Law 360 (Subscription).
• If investors sue JPMorgan Chase for withholding information related to Bernard Madoff, one of the key tests in court would be whether investors could show they were harmed by anything the bank did or failed to do, or whether any other course of action would have simply made things worse, said Charles Mooney Jr., a law professor at the University of Pennsylvania. "If I were the bank's lawyer, those are the questions I'd ask — and the answers are far from clear." (1/30/2009). Business Day.
• JPMorgan Chase says that its potential losses related to Bernard L. Madoff, the man accused of engineering an immense global Ponzi scheme, are “pretty close to zero.” But what some angry European investors want to know is when the bank cut its exposure to Mr. Madoff — and why.  One of the key tests in court would be whether investors could show that they were harmed by anything the bank did or failed to do last fall, or whether any other course of action would have simply made things worse, said Charles Mooney Jr., a law professor at the University of Pennsylvania. “If I were the bank’s lawyer, those are the questions I’d ask — and the answers are far from clear,” he said. (1/29/2009). New York Times.
• For more than two decades, young lawyers desiring to pursue careers in public service have faced daunting financial obstacles. Meaningful help may have finally arrived in the form of recent federal legislation establishing loan forgiveness and repayment assistance for many public service lawyers, write Louis S. Rulli, director of the Gittis Center for Clinical Legal Studies, and third-year student Eric Foley, a public interest scholar at Penn Law. (1/26/2009). The Philadelphia Lawyer magazine.
• Professor Kermit Roosevelt says the Obama administration's intention to close the Guantanamo Bay detention center is a key step in restoring America's standing in the world, but it poses some unique problems. (1/22/2009). KYW Newsradio.
• A targeted federal tax credit could help newspapers hire more journalists, instead of laying them off, and reverse the press's downward spiral, Professor C. Edwin Baker writes in an op-ed. (1/16/2009). Seattle Times.
• Experimental neural scans, brain-wave memory probes and other controversial techniques are finding their way into scores of criminal proceedings, where judges usually are left on their own to assess its scientific validity. "What tends to happen with science is that people get starry-eyed about what it can do for the law," says University of Pennsylvania law professor Stephen Morse, who sees the potential for misinterpretation. "Then the train leaves the station heading in the wrong direction." (1/15/2009). Wall Street Journal.
• The curriculum at law schools has undergone a major transformation in recent years. As law is practiced today, "lawyers need to think through problems in a host of very complicated social and economic situations." says Michael A. Fitts, dean of the University of Pennsylvania Law School. A key distinction many legal educators draw is that lawyers of the past told clients what not to do, but today's lawyers are often called upon to tell clients what to do. (1/9/2009). Chronicle of Higher Education.
• Obama's political appointees do not have to undo the Bush regulatory framework to achieve their policy objectives, says Cary Coglianese. (1/4/2009). Congressional Quarterly.