Faculty News 2007
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Please note that some links to external news sources may no longer be available.
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Google and The Authors Guild at odds over digitizing books
Duke Law Professor David Lange says that the case will be an important one in the history of copyright. » The Atlanta Journal Constitution -
New Jersey abolishes death penalty, will other states follow?
Professor James Coleman says that scientific advancements have revealed problems in the system's reliability which worries the public. » The Philadelphia Inquirer -
Senior lecturing fellow Kathryn Bradley weighs in on question of conflict of interest
Business partnership between school board member and school board attorney do not constitute a conflict, Bradley says. » Winston-Salem Journal -
Gao Xiqing '86 leads China Investment Corp.'s search for external money managers
Process underscores the fund's intent to pursue a more passive investment style. » Wall Street Journal -
Protection for iguanas at Guantanamo, but what about the detainees?
Professor Madeline Morris says that the United States needs to establish legal procedures for suspected terrorists. » The New Zealand Herald -
Veterans' Law Clinic a highly successful endeavor
Professor Robinson Everett helped launch the clinic at North Carolina Central University Law School, which has handled over fifty veterans' benefits cases since opening in January. » The Herald Sun -
Witness names withheld in Guantanamo trial
Judge has a responsibility to balance witness protection with a fair hearing, says Professor Scott Silliman. » The New York Times -
Decision raises questions about the role of American courts in international human-rights cases
Professor Curtis Bradley comments on a recent ruling by the 2nd U.S. Circuit Court concerning businesses that provided goods to South Africa's apartheid government. » The New York Sun -
Professors Stuart Benjamin and Arti Rai take a close look at innovation policy
As patent reform lags, Benjamin and Rai find sensible innovation policy in a little known statute. » Science Progress -
Professor Scott Silliman comments on AG nominee's stance on "waterboarding"
Calling the practice torture would open Pandora's box, Silliman says. » New York Times -
Professor Jedediah Purdy says torture debate offers insight into legal ethics
Robbing words -- torture -- of meaning undermines personal and professional integrity, Purdy writes. » The Guardian -
Professor James Cox comments on drop in securities-fraud lawsuits
Plaintiffs' attorneys are turning to other forms of litigation, says Cox. » USA Today -
Gao Xiqing '86 appointed general manager of forthcoming China Investment Corporation
Senior lecturing fellow Gao will be responsible for the investment strategy of China's $200 billion state investment fund. » The Daily Telegraph -
Professor Steven Schwarcz comments on complexity of securitization contracts
Schwarcz says many are so convoluted that investors couldn't hope to understand them. » The Economist -
Professor Scott Silliman discusses legal status of U.S. military contractors
The Military Extraterritorial Jurisdiction Act likely applies to Blackwater security guards who killed civilians in Baghdad, says Silliman. » NPR -
Professor Steven Schwarcz calls on Fed to protect against economic shocks
Schwarcz says that broad strategy must go beyond focus on monetary policy. » Baltimore Sun -
Professor Jim Coleman comments on settlement sought in Duke lacrosse lawsuit
Question of intent will be a key factor should the civil case go to trial, Coleman says. » The News & Observer -
Professor Paul Carrington proposes staggered 18-year terms for Supreme Court justices
Carrington and colleague propose a plan that would give each president two appointments in a four-year term. » New York Times -
Who pays for health insurance?
Professors Clark Havighurst and Barak Richman argue that middle- and low-income consumers are forgotten in the health care debate. » Wall Street Journal -
Professor Clark Havighurst calls for greater choice in health care
Consumers should be able to shop for basic or generous, expensive coverage, says Havighurst » Forbes -
Behind Court's School Decisions
Professor Neil Siegel says the fundamental American ideal of racial integration in public education remains realizable because Justice Kennedy left some room for districts to act. » The Herald Sun -
Court Breaks the Nation's Promise on Desegregation
Professors Erwin Chemerinsky and Charles Clotfelter argue that the Supreme Court's invalidation of desegregation plans will hasten a process of school re-segregation that is already well underway. » The Star-Ledger -
Conservative Justice
Professor Erwin Chemerinsky calls the most recent Supreme Court term, "the most overwhelmingly conservative term since the 1930s." » Los Angeles Times -
The Inefficiencies of Freedom
Professor James Boyle discusses the merits of a new blanket license offered by the Copyright Clearance Center to academic institutions. » Financial Times -
EU Urged to Back Poor Countries' Use of TRIPS Flexibilities
In a report to the European Parliament's Committee on International Trade, Professor Jerome Reichman recommends that the EU encourage poor countries to make sure of flexibilities in rules on intellectual property rights at the WTO.
» Intellectual Property Watch »Read Report -
Unifying Iraq
Professor Donald Horowitz discusses the likely consequences of continuing the war in Iraq and the implications of withdrawal. » The Wall Street Journal -
Guantanamo POW Status is Crucial to U.S.
Professor Madeline Morris says current efforts by the U.S. government are "in danger of destroying the very protections for POWs it has worked so hard and so long to establish." » The Raleigh Chronicle -
Analysis: Are Insured the Real Victims?
Professors Barak Richman and Clark Havighurst argue at the American Enterprise Institute that the healthcare system exploits low- and middle-income Americans who pay exorbitant premiums for care many never receive. » United Press International -
Terrorism Suspects and the Law
National Law Journal article notes Professors Walter Dellinger and Curtis Bradley as two experts Congress should consult in determining an approach to detainee treatment. » National Journal -
The President's War Powers
Professor Walter Dellinger discusses whether President Bush has enough "constitutional clout" to ignore congressional attempts to check his war powers. » Newsweek -
Four Scholars Explore the Legality of Military Tribunals
Professor Curtis Bradley argues that Military Commissions Act of 2006 does not significantly conflict with American obligations under the Geneva Conventions » The Chronicle of Higher Education -
First Annual Triangle Law and Economics Conference, April 27 - 29, 2007
"The Role of Information in supporting Legal and Economic Institutions"
April 27-29 » more -
A Break with Precedent on Abortion
Professor Erwin Chemerinsky argues that the Supreme Court's shift away from the "undue burden" test in evaluating the constitutionality of abortion restrictions will hurt women » The Star-Ledger -
SEC Chairman Christopher Cox Tightens Reins on Enforcement Division
Professor James Cox discusses the message being sent by the chairman of the U.S. Securities and Exchange Commission in restricting staff from setting penalties » Bloomberg.com -
Stakes are High in Standoff over War
Professor Christopher Schroeder discusses the power struggle between Congress and the president over the war in Iraq. » Kansas City Star -
Justice Kennedy the Key in Close Cases
Professor Erwin Chemerinsky comments on Justice Anthony Kennedy's role in shaping matters before the Court » Boston Globe -
What Congress gets to know
Law Professors and Department of Justice veterans Walter Dellinger and Christopher Schroeder offer their solution to the standoff on executive privilege and the U.S. attorney scandal. » Slate -
What Congress gets to know
Law Professors and Department of Justice veterans Walter Dellinger and Christopher Schroeder offer their solution to the standoff on executive privilege and the U.S. attorney scandal. » Slate -
When less is more
Professor Erwin Chemerinsky comments on the administration's argument that if the president has broad discretion to appoint U.S. attorneys, he also has the power to fire them for any reason » Slate -
Test of Nerves Over Attorney Firings
Professor Christopher Schroeder comments on the "showdown" between Democratic lawmakers and the president over whether senior White House aides will testify about the firing of eight U.S. attorneys » Congressional Quarterly -
Foundations, Incentives and Innovation
Professor Joel Fleishman discusses philanthropy and innovation » WAMU-FM -
Google and the rocks in the web's safe harbours
Professor James Boyle asks, in matters of intellectual property, "who is the trespasser and who is the greedy landowner?" » Financial Times -
SEC Allows Auction-Rate Manipulators With Disclosure
Professor James Cox comments on a move by the SEC that allows financial institutions to "manipulate" investor purchases in the auction-rate market. » Bloomberg.com -
Blackwater Lawsuit
Professor Scott Silliman discusses who is liable for harm when service from private military contractors results in injury or death. » WUNC -
How Many Corporate Crimes of the Century Can There Be, Anyway?
DealBreaker.com says a paper by Charles B. Lowndes Professor of Law Sara Beale on the relationship between the media and the prosecution of corporate crime helps to answer the question of why many business stories over-hype "so-called corporate scandals." » DealBreaker.com -
Don't bust the boss
Th Economist refers to Charles L. B. Lowndes Professor of Law Sara Sun Beale's paper “The News Media’s Influence on Criminal Justice Policy: How Market-Driven News Promotes Punitiveness” in its discussion of the relationship between mainstream media and the prosecution of corporate crime. » Economist -
The Purse Isn't Congress's Only Weapon
Professors Dellinger and Schroeder review Congressional authority - beyond the power of the purse - to change the course of the Iraq war » New York Times -
The Purse Isn't Congress's Only Weapon
Professors Dellinger and Schroeder review Congressional authority - beyond the power of the purse - to change the course of the Iraq war » New York Times -
Walter Reed Reaction Contrasts with Abu Ghraib
Professor Scott Silliman says the scandal involving inadequate conditions at Walter Reed Army Medical Center also has political consequences » NPR -
Is the S.E.C. Changing Course?
Professor James Cox says that the SEC seems to be making a historic shift away from investor interests » The New York Times -
Industry role in research analyzed
Professor Jerome Reichman calls for public funding and oversight of clinical trials » The News & Observer -
Private or public, it's a fool's tax
Professor of Law and Economics Charles Clotfelter voices his concerns about the move to privatize lotteries in The Indianapolis Star. » Indianapolis Star -
AT&T Buyout of BellSouth: Top deal in focus
February 5, 2007
Professor Stuart Benjamin says in The National Law Journal AT&T's billion dollar buyout of BellSouth Corp was the "next inevitable step." (Subscription required) » National Law Journal -
Professors say Nifong mishandled Duke case
January 26, 2007
Professors Thomas Metzloff, James Coleman, and Visiting Professor Michael Tigar discuss state bar ethics charges against DA Mike Nifong, and the role of the press in trying high profile cases, reports The News & Observer. » News & Observer -
Gonzales says the Constitution doesn't guarantee habeas corpus
January 24, 2007
Commenting in the San Francisco Chronicle, Alston & Bird Professor of Law and Political Science Erwin Chemerinsky challenges U.S. Attorney General Alberto Gonzales' assertion that the Constitution does not guarantee habeas corpus. » San Francisco Chronicle -
PA school district loses a bet on rates
January 20, 2007
Brainerd Currie Professor of Law James Cox comments in the Baltimore Sun on an interest-rate swap which has left the third-poorest city in PA liable for the losses. » Baltimore Sun -
Police secrecy serves no one
January 12, 2007
Commenting in the Los Angeles Times, Alston & Bird Professor of Law and Political Science Erwin Chemerinsky calls for openness in Los Angeles police disciplinary hearings. » Los Angeles Times -
Blood diamonds' many facets
January 11, 2007
Writing in The News & Observer, Professors Barak Richman and Joost Pauwelyn critique the Kimberley Process, and international initiative aimed at keeping "blood diamonds" out of mainstream distribution. » News & Observer -
Apple still faces legal hurdles on backdating practices
January 9, 2007
Brainerd Currie Professor of Law James Cox tells The Mercury News that Apple's decision to perform a voluntary investigation into the company's backdating practices could buy it some leniency with the SEC. » The Mercury News
