Law Commons^™

New Weaknesses: Despite A Major Win, Arbitration Decisions In 2014 Increase The Us’S Future Exposure To Litigation And Liability, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

In 2014, the US continued its overall record of success in defending investment treaty claims. But it did suffer losses on a number of important issues, and those losses will render the US (and its treaty parties) vulnerable to future claims, litigation expense, and liability. The US’s recent losses, which have thus far been largely ignored in commentary on the US’s experiences in investment arbitration, are highlighted in this briefing note.

The Indictment Of Longtime Harrisburg Mayor Stephen Reed, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Stephen Reed, the Democratic mayor of Harrisburg, Pennsylvania from 1982 to 2010, has been charged by state prosecutors with 499 counts ranging from bribery to theft by receiving stolen property.

Profile In Public Integrity: Jack Blum, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Jack Blum is a Washington lawyer who is an expert on white-collar financial crime and international tax evasion. He spent fourteen years as a staff attorney with the Senate Antitrust Subcommittee and the Senate Foreign Relations Committee.

Blum played a central role in the Lockheed Aircraft bribery investigation of the 1970's – which led to the passage of the Foreign Corrupt Practices Act – and in the investigation of the Bank of Credit and Commerce International (BCCI). Blum has been a consultant to the United Nations Centre on Transnational Corporations, the United Nations Office of Drug Control and Crime Prevention, …

Profile In Public Integrity: Lynda Taschereau, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Lynda Taschereau serves as Executive Director of the Strategic and Corporate Policy Division of the City of Toronto, Canada. In that role, she is responsible for key functions including inter-governmental relations, strategic planning and policy development, governance and decision-making structures for Toronto’s City Council and City’s agencies and corporations, and the policy framework for the City’s Accountability Officers. Taschereau’s team leads government-wide initiatives and provides objective, professional advice to the Mayor and City Council. She is committed to public service and has a special interest in the policy development process and the role of leaders throughout organizations. Taschereau was a …

Federal Outreach And Mechanisms To Ensure Human Rights Implementation And The Federal, State And Local Levels, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)

Human Rights Institute

The United States has repeatedly affirmed that state and local governments are vital to comprehensive human rights implementation within and throughout the country. During the 2010 UPR, the Legal Adviser to the U.S. State Department emphasized that “the best human rights implementation combines overlapping enforcement by ... the federal government working together with state and local partners.” Indeed, state and local authorities are on the front lines of addressing key human rights issues, including housing, employment, criminal justice and education. This includes the over 150 state and local civil and human rights agencies that enforce federal, state and local human …

Memo To The Obama Administration On The U.S. National Action Plan On Responsible Business Conduct, Kaitlin Y. Cordes, Lisa E. Sachs

Columbia Center on Sustainable Investment Staff Publications

In January 2015, CCSI sent a memo to President Obama to provide input on the U.S. National Action Plan on responsible business conduct. The memo applauded the U.S. Government’s decision to develop a National Action Plan consistent with the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises, noting that responsible and rights-respecting outward investment can support sustainable development in host countries, and that the U.S. Government has an important role to play in promoting responsible business operations. The memo urged the government to explore in particular how the National Action Plan can address …

Rebuilding Bell, California: Review And Recommendations For Continued Improvement Of Accountability, Oversight, And Transparency, Jennifer Rodgers, Jacob Watkins

Center for the Advancement of Public Integrity (Inactive)

In 2010, Bell, California was a small city with a big corruption problem. Its city manager at that time, Robert Rizzo, had developed a plan to enrich himself at the city’s expense, and covered his tracks by involving numerous other city officials in his corrupt scheme, including the city councilmembers who were supposed to serve as a check on Rizzo’s power. Because virtually all of Bell’s top-level officials ended up implicated in the criminal conduct, the limited number of checks and balances built into Bell’s governing structure failed. And because Bell did not have any formal anti-corruption mechanisms in place …

Warrantless Access To Cell Site Location Information Takes A Hit In The Fourth Circuit: The Implications Of United States V. Graham For Law Enforcement, Wesley Cheng

Center for the Advancement of Public Integrity (Inactive)

On August 5, 2015 the Fourth Circuit created a major ripple in Fourth Amendment law by ruling that warrantless access to cell site location information (CSLI) over a lengthy period amounted to an unconstitutional search in United States v. Graham. While the Fourth Court ultimately upheld the defendants’ convictions by applying the Fourth Amendment’s “Good Faith” exception, the ruling created a clear split from the Fifth and Eleventh Circuits, making consideration of the issue by the Supreme Court much more likely.

This article focuses on the facts and the Fourth Amendment arguments of the majority, concurring and dissenting opinions …

For Now, New York State Investigators Can Ping Cellphones Without A Warrant In New York State, Wesley Cheng

Center for the Advancement of Public Integrity (Inactive)

This article examines the major factors shaping the Moorer and Wells decisions. It also analyzes the implications of decisions in other cases involving the use of Geolocation tracking devices, and looks ahead to other areas of litigation that may arise in the future with respect to GPS devices. Finally, it concludes that, assuming Moorer and Wells (or other trial court cases with similar findings) are not overturned on this issue in the higher courts, law enforcement agencies can be comfortable that pinging cellphones is a technique that can be utilized without a warrant in New York.

The Indictment Of Congressman Chaka Fattah, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Congressman Chaka Fattah has represented Pennsylvania’s 2nd District, which includes parts of Philadelphia, for 20 years.

On July 29, a federal Grand Jury indicted Congressman Fattah on 29 counts, including conspiracy to commit racketeering (RICO), bribery, money laundering, and fraud. The charges included four co-conspirators as well, including Fattah’s chief of staff as well as a former Philadelphia deputy mayor.

The Conviction Of Former New York State Assembly Leader Sheldon Silver, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Sheldon Silver is the former Democratic Speaker of the New York State Assembly, a post he held from 1994 until January 2015. He represented Manhattan’s Lower East Side from 1976 until November 30, 2015, when he was convicted on four counts of honest-services fraud, two counts of extortion and one count of money laundering.

The Trials Of John Sampson And Thomas Libous, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

This July, two high-ranking New York State Senators faced trials for public corruption. Both were found guilty. Just the most recent in a long list of recent corruption scandals, the details of their cases provide a window into the culture of impunity in Albany.

New Jersey's "Bridgegate" Scandal, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

From September 9-13, 2013, officials of the Port Authority of New York and New Jersey shut down access lanes of the George Washington Bridge between New Jersey and New York City for a "traffic study" that gridlocked the small city of Fort Lee, New Jersey for hours each day. In the following weeks, evidence emerged of political motives behind the bridge closure, spurring federal prosecutors to announce an investigation in January 2014. On May 1, 2015, Paul Fishman, U.S. Attorney of New Jersey, charged that two defendants illegally closed the bridge to punish Fort Lee's mayor for refusing to endorse …

Chris Christie And Jerry Jones, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Christie is the Republican Governor of New Jersey. He previously served as the US Attorney for the District of New Jersey from 2002 to 2008. He is a likely contender in the 2016 presidential race.

Christie's penchant for accepting luxury perks, paid for by groups who arguably have significant interests in his decisions as Governor, was highlighted in a New York Times article on February 2, 2015. Questionable gifts include: travel on Sheldon Adelson's private plane, a 2012 trade mission partly funded by a group of businesses (Choose N.J.) barred from donating to the Governor directly by pay-to-play laws, and …

The Fifa Corruption Charges, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

The Fédération Internationale de Football Association (FIFA) is the global governing body for soccer, the world’s most popular sport. A Swiss-based nonprofit, FIFA has long been criticized for a culture of impunity and corruption, most prominently in connection with the World Cup host-country bidding process.

Profile In Public Integrity: Marjorie Landa, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Marjorie Landa is the Deputy Comptroller for Audit at the Office of the New York City Comptroller. Previously, Landa served as Deputy Commissioner for Legal Affairs to the New York City Department of Investigation. There, she counseled the agency on legal issues including criminal and civil procedure, conflicts of interest, forfeiture and restitution, and the agency’s unique legal authority. Prior to that, Ms. Landa was Deputy Chief in the New York City Office of the Corporation Counsel, Affirmative Litigation Division. In that capacity she served as lead counsel in high-profile cases including fraud, civil RICO, False Claims Act, intergovernmental funding, …

The Sheldon Silver Case, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Sheldon Silver was the Speaker of the New York State Assembly from 1994 until January 28, 2015. He represents Manhattan's Lower East Side as a Democrat, which he has since 1976.

The federal criminal complaint charges that Silver, since 2000 or earlier, "us[ed] the power and influence of his official position to obtain for himself millions of dollars of bribes.” In the complaint, the U.S. Attorney for the Southern District of New York (who has jurisdiction over Manhattan), outlines $4 million in illicit funds disguised as outside income. Allegedly, Silver took kickbacks from various parties for whom he secured state …

Profile In Public Integrity: Lawrence Yealue, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Lawrence Yealue is the West Africa Representative of Accountability Lab, an incubator for local-level integrity initiatives with an emphasis on generating sustainable development. Based in Monrovia, Liberia, Yealue’s career has centered on community-driven approaches to responsible reform. His previous work includes serving as Electoral Commissioner for the Liberian Student Association-Ghana, National Coordinator for the World Youth Spirit Council, Project Director for the Rotary Club of Wisconsin, and as a volunteer for Africa Peace’s HIV/AIDS Education & Peace Initiative. Yealue also founded and directs the Liberian Youth for Peace & Development community group. Yealue holds a B.A. in Human Resource Management …

Profile In Public Integrity: Daniel E. Karson, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Daniel E. Karson is Chairman of Kroll, based in the New York office. Dan has more than 40 years’ experience directing investigations of business crimes. His practice areas include major fraud investigations, the Foreign Corrupt Practices Act, litigation support, contests for corporate control, Internet crimes, financial crimes, asset searches, product counterfeiting and due diligence.

Dan launched Kroll’s European operations, opening its London office and serving as its first Managing Director in 1986. Dan also opened Kroll offices in Boston and Philadelphia, and served as Kroll’s General Counsel for eleven years.

Prior to joining Kroll, Dan was General Counsel and Assistant …

Profile In Public Integrity: Sam Koim, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Sam Koim currently serves in Papua New Guinea as Chairman of the Investigation Task-Force Sweep (ITFS) and as Principal Legal Officer at the Department of Justice and Attorney General. ITFS is an inter-agency team that brings together the Police Force, Public Prosecutor’s Office, Internal Revenue Commission, and Auditor General’s Office amongst others, to root out corruption nationwide.

Profile In Public Integrity: The Honorable Georgios Kaminis, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Born in New York City, Georgios Kaminis holds a degree in law from the University of Athens School of Law, as well as a Diplome d’etudes approfondies and Doctorat d’Etat en Droit. He served as Assistant Greek Ombudsman, responsible for Human Rights, from 1998 to 2003. In May of 2003,

Kaminis became the Greek Ombudsman after being unanimously elected at a Presidents of Parliament roundtable meeting. Kaminis was elected Mayor of Athens on November 14, 2010. Under the Mayor’s guidance, Athens was awarded a Bloomberg Philanthropies Mayor’s Challenge Innovation Prize for its online citizen engagement platform, SynAthina.

He is a …

Profile In Public Integrity: Cyrus Vance, Jr., Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Cyrus R. Vance, Jr., was first inaugurated as the District Attorney of New York County on January 1, 2010. Over the following four years, Mr. Vance enhanced the Manhattan District Attorney’s Office as a national leader in criminal justice by expanding the offices expertise on an array of 21st century crimes, including identity theft, cybercrime, white-collar fraud, hate crimes, terrorism, domestic violence, human trafficking, and violent and gang-related crimes.

Upon taking office, Mr. Vance modernized the Manhattan District Attorney’s Office by reorganizing its resources and creating new specialized bureaus and units, including the Cybercrime and Identity Theft Bureau, Major Economic …

Profile In Public Integrity: John Hyland, Jr., Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

John Hyland has been a Senior Legal Advisor with the Asset Forfeiture and Money Laundering Section (AFMLS) of the U.S. Department of Justice since 1992. His duties include reviewing money laundering prosecution memoranda and indictments, consulting with attorneys and special agents about asset forfeiture and money laundering cases investigations and indictments, representing the Criminal Division at agency undercover case reviews, helping analyze evidence of financial crimes, and lecturing on asset forfeiture and money laundering topics. Previously, Mr. Hyland worked in private practice in the Washington area for 12 years. He also served as an assistant U.S. attorney for the District …

Profile In Public Integrity: Jeff Gottlieb, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Jeff Gottlieb is a senior writer at the Los Angeles Times. He shared the Pulitzer Prize for public service in 2011 for uncovering corruption in Bell. He also received the George Polk and the Selden Ring awards, among others. He previously won a Polk award while working at the San Jose Mercury News for uncovering Stanford’s questionable spending of federal funds. He received a bachelor’s in sociology from Pitzer College in Claremont and a master’s in journalism from Columbia University.

Is Music The Next Ebooks? An Antitrust Analysis Of Apple's Conduct In The Music Industry, Alexa Klebanow, Tim Wu

Faculty Scholarship

Over the last twenty years, two waves of technological change have transformed the way people purchase and listen to music. First, digital downloads displaced physical sales of albums. More recently, digital downloads, once the primary way to gain access to digital music, have come to be challenged by streaming services. Apple, a leader in the digital download market with iTunes, has engaged in various strategies to meet the challenge. This Note specifically focuses on two types of conduct: Apple’s pressure on labels to enter into exclusive license agreements, also known as windowing, and Apple’s pressure on the market to abandon …

Teaching The Newly Essential Knowledge, Skills, And Values In A Changing World, Eliza Vorenberg, Cynthia F. Adcock, Eden E. Harrington, Elizabeth Kane, Lisa Bliss, Robin Boyle, Conrad Johnson, Susan Schechter, David Udell

Faculty Scholarship

This chapter of Building on Best Practices: Transforming Legal Education in a Changing World has contributions from many authors:

• Section A, Professional Identity Formation, includes:
  • Teaching Knowledge, Skills, and Values of Professional Identity Formation, by Larry O. Natt Gantt, II & Benjamin V. Madison III,
  • Integrating Professionalism into Doctrinally-Focused Courses, by Paula Schaefer,
  • Learning Professional Responsibility, by Clark D. Cunningham, and
  • Teaching Leadership, by Deborah L. Rhode.
• Section B, Pro Bono as a Professional Value, is by Cynthia F. Adcock, Eden E. Harrington, Elizabeth Kane, Susan Schechter, David S. Udell & Eliza Vorenberg.
• Section C, The Relational Skills of the …

Intermediary Influence, Kathryn Judge

Faculty Scholarship

Ronald Coase and others writing in his wake typically assume that institutional arrangements evolve to minimize transaction costs. This Article draws attention to a powerful, market-based force that operates contrary to that core assumption: Intermediary influence." The claim builds on three observations: (1) many transaction costs now take the form of fees paid to specialized intermediaries, (2) intermediaries prefer institutional arrangements that yield higher transaction fees, and (3) intermediaries are often well positioned to promote self-serving arrangements. As a result, high-fee institutional arrangements often remain entrenched even in the presence of more-efficient alternatives.

This Article uses numerous case studies from …

Legal & Scientific Integrity In Advancing A "Land Degradation Neutral World", Shelley Welton, Michela Biasutti, Michael B. Gerrard

Faculty Scholarship

It is no secret that the fight against desertification isn't going well. In the two decades since the United Nations Convention to Combat Desertification ("UNCCD") came into force, desertification – defined as degradation in the quality of "arid, semi-arid, and dry subhumid" land areas – has worsened considerably. Recent United Nations estimates suggest that fifty-two percent of drylands currently under agricultural cultivation are moderately or severely degraded, and 12 million hectares of productive land become barren each year due to desertification and drought. And while drylands are the focus of the UNCCD, the challenge isn't limited to them: somewhere around …

Legal Institutionalism: Capitalism And The Constitutive Role Of Law, Simon Deakin, David Gindis, Geoffrey M. Hodgson, Kainan Huang, Katharina Pistor

Faculty Scholarship

Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates from inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the state are criticized here, because they typically assume relatively small numbers of agents and underplay the complexity and uncertainty in developed capitalist systems. In developed capitalist economies, law is sustained through interaction between private agents, courts and the legislative apparatus. Law is also a key institution for overcoming contracting uncertainties. It is furthermore a part …

Competition Policy And Free Trade: Antitrust Provisions In Ptas, Anu Bradford, Tim Büthe

Faculty Scholarship

Trade agreements increasingly contain provisions concerning ‘behind-the-border’ barriers to trade, often beyond current World Trade Organization (WTO) commitments (Dur, Baccini and Elsig 2014). Today’s preferential trade agreements (PTAs) may include, for instance, rules regarding ‘technical’ barriers to trade that go beyond the WTO’s Agreement on Technical Barriers to Trade (TBT Agreement), accelerating the replacement of differing national product safety standards with common international standards and thus reducing the trade-inhibiting effect of regulatory measures (Buthe and Mattli 2011; World Trade Organization 2012). Today’s PTAs may also go beyond WTO rules in prohibiting preferences for domestic producers in government procurement (Arrowsmith and …