Seton Hall Law in the Media - 2010 |
MEDIA ARCHIVES - 2009 >> |
For media inquiries, contact Janet LeMonnier, Director of Communications, in the Office of Public Relations, 973-642-8583.
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<b>Professor Stephen Lubben</b> in The New York Times’ DealBook on the Decline in Large Bankruptcy Filings in 2010 and Opening Bankruptcy Court to the StatesDecember 27, 2010 Professor Stephen Lubben, who writes a regular feature column for the New York Times’ DealBook, recently published his thoughts on the decline in large (over $1 billion in assets) bankruptcy filings over the course of 2010. Professor Lubben posits that the decline in large asset filings (15 in 2010 as opposed to 45 in 2009, but only 6 in 2007 ) can be attributed not only to the fact that “big Chapter 11 cases ebb and flow with the broader economy,” but also the “revitalization of the junk bond markets, which have allowed many distressed debtors to kick the can down the road until the next round of debt maturities.” Professor Lubben cautions, however, “Whether this trend is stable over the long term is unclear, particularly in light of preliminary indications that interest rates may be on the upswing. If the junk bond markets close or, more realistically, cool down, Chapter 11 filings could pick up 12 months from now.” In a recent previous column in The Times, Professor Lubben examined the issues which might arise given the inapplicability of state sovereign immunity in the bankruptcy context. Professor Lubben suggests the possibility of amending “the Federal Bankruptcy Code to allow states to file for relief under Chapter 9, like municipalities, counties and other subsidiary governmental entities can already do. Even if states never filed under Chapter 9, such an amendment might be a good idea for a few reasons.” Professor Lubben further suggests that although the need for such protection has not yet arisen, “Given the general political consensus against future bailouts, maybe, just maybe, this is something to think about. And better to do the thinking now, rather than when such a tool is actually needed, fast.”
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<b>Professor Mark Alexander</b> in The Wall Street Journal on NJ Supreme Court Justice Rivera-Soto’s AbstentionsDecember 11, 2010 Professor Mark Alexander appeared in The Wall Street Journal regarding the abstentions from decision by New Jersey Supreme Court Justice Rivera-Soto. The justice, citing constitutional concerns regarding the propriety of Chief Justice Rabner’s temporary appointment power in instances in which a quorum of justices is already present, has indicated that because he believes the Court is unconstitutionally constituted at present due to such an appointment, he will continue to abstain from decisions in which the temporary justice takes part. For his New Jersey constitutional analysis, Justice Rivera-Soto relied heavily on the work and reasoning of Seton Hall Law faculty member, Professor Edward Hartnett. In an Op-ed piece in the Star Ledger, however, Professor Hartnett recently suggested to Justice Rivera-Soto that “There is no need to abstain from all decisions.” Although Justice Rivera-Soto has received substantial support for his constitutional position (though not necessarily among his fellow members of the Court) Justice Rivera-Soto’s stated aim to further abstain from future decisions has evoked the ire of many, even prompting some to call for resignation or impeachment. After considering the prospect of such, The Wall Street Journal writes: “Mark Alexander, a Seton Hall law professor who specializes in constitutional law and the intersection between law and politics, said the justice's decision to abstain from future rulings ‘raises significant concern about his conduct.’”
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<b>Professor Michael Simkovic</b> in FoxBusiness on Campus Debit CardsDecember 07, 2010 Professor Michael Simkovic appeared in a FoxBusiness article regarding the use of campus debit cards; many colleges have contracted with third party firms to issue these cards to students as a means of eliminating paper checks for scholarship, financial aid or work-study funds. Professor Simkovic noted that “For many colleges, outsourcing the financial aid distribution function to a company that focuses on this process and is large enough to invest in technology that can streamline the system leads to efficiency gains.” Some card providers, however, have been criticized for fees charged to students associated with the use (or in some instances, non-use) of such accounts. FoxBusiness writes, “These card fees have prompted student protests and can range from debit transaction charges, deposit fees, "abandoned account" fees, ATM fees, overdraft fees and ‘convenience’ fees,” and further describes a practice of Higher One, a card issuer which is said to “possesses a large market share for student debit cards on college campuses,” and “works with more than 5.3 million students at colleges and universities across the country.” Fox writes:
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Professor Jonathan Hafetz in Deutsche Welle’s World on WikiLeaks as Espionage Against U.S.December 02, 2010 Professor Jonathan Hafetz appeared in Deutsche Welle’s World on the prospect of espionage charges being prosecuted against WikiLeaks founder Julian Assange. Deutsche Welle (“German Wave”) is Germany’s international broadcaster. Similar to the BBC World Service, it broadcasts news and information on shortwave, Internet, and satellite radio in 30 languages. The Deutsche Well article notes that although Interpol recently issued an alert calling for the arrest of WikiLeaks founder Julian Assange in connection with alleged sex offenses in Sweden, U.S. officials are mulling over ways in which to prosecute Mr. Assange in connection with the recent publication of a trove of classified documents. Deutsche Well reports that “Congressman Peter King, the incoming chairman of the influential Homeland Security Committee, went so far as to ask Secretary of State Hillary Clinton to investigate whether WikiLeaks could be designated a foreign terrorist organization (FTO), a move that would give US authorities greater leeway in going after the group. However, legal experts interviewed by Deutsche Welle, don't believe this will be possible under US law.” Professor Hafetz also considered the possibility of prosecution under the Espionage Act of 1917, and although he thought it more likely as a vehicle for prosecution, unlike the other expert queried who thought Mr. Assange was “vulnerable under the Act,” Professor Hafetz was skeptical as to its ultimate applicability. Deutsche Welle reports, “The more likely legal basis for the US government to prosecute Assange, argue Hafetz and Banks, would be the so-called Espionage Act of 1917. Under the law, explains Banks, the US would have to prove three things: One, that he had unauthorized possession of information related to national security; two that he could bring harm to the US or aid an enemy; and three that he had willfully kept that information after the US demanded that he return it.” And noting Professor Hafetz’ skepticism as to government success under the statute:
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<b>Professor Stephen Lubben</b> in Reuters, CNBC, on MGM BankruptcyDecember 02, 2010 Professor Stephen Lubben appeared in a Reuters report on the bankruptcy of the famed Hollywood media giant, Metro-Goldywyn-Mayer Studios. The restructuring plan for the company was approved by U.S. Bankruptcy Judge Stuart Bernstein in Manhattan, a mere 29 days after filing a prepackaged bankruptcy plan. The restructure is said to allow MGM to shed nearly $5 billion in debt and position it favorably for what are believed to be a number of lucrative movie deals. Reuters reported,
The case is In re: Metro-Goldwyn-Mayer Studios Inc, U.S. Bankruptcy Court, Southern District of New York, No. 10-15774. |
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Professor Jonathan Hafetz and The Center for Policy & Research in the New York Times Regarding the Audio and Video Recordings of Guantanamo DetaineesOctober 13, 2010 Professor Jonathan Hafetz appeared in the New York Times regarding recent disclosures that recordings of detainee interactions in Guantanamo exist and were, in fact, recently used in the trial of Ahmed Khalfan Ghailani, the former Guantanamo detainee now on trial in Federal District Court in Manhattan. The Times reports that transcripts of the classified recordings, in which Mr. Ghailani is said to be speaking with another detainee, were used by a court-appointed psychiatrist to assess the detainee’s competency. And notes that “… the existence of the recordings, which have been briefly cited in public court documents, suggests that the government has had another source of intelligence about detainees and could someday face the issue of whether such statements could be useful in a civilian court.” Making note of the Center for Policy & Research report which used the government’s own documents to show that interrogations of detainees in Guantanamo had been videotaped, the Times further reports that
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Professor Linda Fisher in ABC News on the Investigation of Florida’s “Foreclosure King” for Questionable PracticesOctober 12, 2010 Professor Linda Fisher was quoted by ABC News in reference to the investigation of multimillionaire foreclosure attorney, David Stern for what have been termed “questionable practices. ABC News noted: "He is notorious in Florida and, in the rest of the country, we pay some attention to Florida because the worst behavior often emanates from there," said Linda Fisher, a professor and mortgage-fraud expert at Seton Hall University's law school. She said she had no direct knowledge of the Stern's practices. "I've heard some pretty bad stories about Stern for at least the last couple of years or so." According to ABC News, a former Stern paralegal came forward to the attorney general in a sworn statement and “has told state investigators that the firm routinely signed court paperwork without reading it, misdated records, forged signatures and passed around notary stamps in the rush to foreclose on homes.” And that “Notary stamps were always available, and employees such as Kapusta, who were not notaries, routinely used them on official documents, she said. Those who could best fake the signature of the person who verified foreclosure affidavits were allegedly sought out to forge her name.” Regarding the firms which have come to be known as foreclosure mills, Professor Fisher remarked "If you focus on the way these businesses operate, it's, at best, sloppy and, at worst, fraudulent. The whole system was broken down."
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CSJ Professors Linda Fisher and Jenny-Brooke Condon Featured in The Record on Gun ControlOctober 10, 2010 Professors Linda Fisher and Jenny-Brooke Condon wrote a featured Op-ed in The Record regarding New Jersey’s gun control laws and proposed legislation which would make it easier for gun owners in the state to conceal and carry their weapons in public.
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The New York Review of Books has featured the book, The Guantanamo Lawyers, Inside a Prison Outside the Law (NYU Press).October 01, 2010 The New York Review of Books has featured the book, The Guantanamo Lawyers, Inside a Prison Outside the Law (NYU Press). Co-edited by Professors Mark Denbeaux and Jonathan Hafetz, The Guantanamo Lawyers contains over 100 personal narratives from attorneys who have represented detainees held at “GTMO” as well as at other “black sites” such as Bagram Air Base in Afghanistan. The New York Review of Books:
Professor Denbeaux is the Director, and Professor Hafetz is a Faculty Fellow, of Seton Hall Law’s Center for Policy & Research. The Center has produced the renowned series of “Guantanamo Reports.” The reports have been introduced into the Congressional record by the Senate Armed Services Committee, the Senate Judiciary Committee, the House Armed Services Committee, and as part of a Resolution by the European Parliament. The Center’s most recent reports, regarding the alleged suicide of three detainees in GTMO, was the foundation and basis for Scott Horton’s feature expose in Harper’s Magazine.
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Professor David Opderbeck in the Daily Record Regarding Patent Expiration, “Wrong Marking,” in Brooks Brothers Bowtie SuitSeptember 29, 2010 Professor David Opderbeck was featured in a Daily Record article regarding a patent expiration, "wrong marking," suit filed by a New Jersey attorney against Brooks Brothers. The suit alleges that Brooks Brothers made available for sale bow ties which falsely maintained that the bow ties (or more precisely, the adjustolox system thereon) were patent protected. The bow ties in question had patent numbers embroidered on them; the patents, however, had expired in the 1950s. The New Jersey attorney, Ray Stauffer, brought suit which was dismissed by the U.S. District Court for the Southern District of New York on standing grounds; Stauffer, however, appealed and won—so the suit is going forward. If Brooks Brothers is ultimately fined for false marking, Stauffer will receive half of the money, the U.S. government the other half. The article notes that “The ruling, combined with another ruling on a separate case where a court in December found companies could be assessed a penalty of up to $500 per incorrectly marked item, rather than treating all the false markings as a single $500 maximum offense, has companies worried.” And that "These two federal cases put a defendant like Brooks Brothers in a bit of a bind," said David Opderbeck, an associate professor of law and director of Gibbons Institute of Law, Science & Technology at Seton Hall University School of Law in Newark. He said he expects many of the cases will be settled out of court. Opderbeck said the issue eventually could be affected by patent reform legislation, but there's no telling when such legislation might pass. Explaining the justification for the cause of action, the article noted: "If a product does have a marking, it may deter you from entering that market," Opderbeck said. Entrepreneurs might have to invest additional time and expense to see when a patent expires…. But Opderbeck said he doesn't see false markings as causing much harm to the economy. "Not something that would justify millions of dollars in fines," he said. He said some products are made from molds that include patent numbers, and there's expense and effort involved in changing the molds to take off the markings. Before the ruling in December, for many companies it probably was cheaper for companies to pay the $500 fine rather than reworking their molds. "Even a dollar an item is a pretty big expense for something that, in my view, doesn't really cause very much harm to the economy," he said. |
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Professor Paula Franzese In a featured Op-ed in the Star Ledger and in The Philadelphia Inquirer on a “Disclosure Loophole” in New Jersey’s Ethics LawsSeptember 24, 2010 Professor Paula Franzese appeared in a featured Op-ed in the Star Ledger entitled “Hopeful signs of good government in New Jersey,” and in an article in The Philadelphia Inquirer regarding what has been termed a “disclosure loophole” in New Jersey’s ethics laws. In the Star Ledger Op-ed, Professor Franzese writes:
Having said that, in The Philadelphia Inquirer Professor Franzese also points to more that needs to be done, commenting in an article regarding the indictment of former New Jersey Sen. Wayne Bryant for $192,000 in retainer fees paid to Bryant’s firm which are alleged to have been bribes. The article relates that because the monies were paid to Bryant’s firm, he was not obligated to disclose such payments. The article notes:
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Professor Shavar Jeffries, president of the Advisory School Board in Newark, was featured in both the Wall St. Journal and the Star Ledger regarding Facebook founder, Mark Zuckerberg’s $100 million challenge grant donation to Newark’s schoolsSeptember 24, 2010 Professor Shavar Jeffries, president of the Advisory School Board in Newark, was featured in both the Wall St. Journal and the Star Ledger regarding Facebook founder, Mark Zuckerberg’s $100 million challenge grant donation to Newark’s schools. In the Wall St. Journal, the article noted that the $100 million matching grant announced on Oprah with Mayor Cory Booker and Governor Chris Christie, ’87 in attendance, presents both opportunity and challenge to a school district besieged by what are said by many to be infrastructural deficiencies:
In the Star Ledger, Editorial Page editor Tom Moran wrote:
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Professor Edward Hartnett in the New Jersey Law Journal in Two Articles and an Op-ed Piece Regarding the Constitutionality of Vacant Seat Supreme Court Appointments in New JerseySeptember 10, 2010 Professor Edward Hartnett appeared in the New Jersey Law Journal in three separate articles regarding the constitutionality (or lack thereof) of vacant seat appointments to the New Jersey Supreme Court. On the heels of the decision of Governor Chris Christie to not reappoint Justice John Wallace, Jr. to New Jersey’s highest bench, the controversy has continued as Chief Justice Stuart Rabner recently appointed Edwin Stern, the Appellate Division's ranking judge, to fill Justice Wallace’s vacant Supreme Court seat. The New Jersey Law Journal reports that “Chief Justice Stuart Rabner on Wednesday assigned Stern to the Court effective Sept. 8 and ‘until further Order, to participate in new matters presented for the Court's consideration.’ The move, which plugs a vacancy that began May 20, when Wallace's initial seven-year term ended, comes just days before the opening of the Court's 2010-11 term.” Justice Wallace, despite having not been reappointed, had continued to hear cases after being “recalled” by Justice Rabner “for the limited purpose of participating in the final disposition of appeals argued or submitted" before the end of Wallace’s term. The New Jersey Law Journal article reporting the temporary ascension of Judge Stern to the New Jersey Supreme Court also noted that Two professors who teach constitutional law at New Jersey law schools — Edward Hartnett of Seton Hall and Earl Maltz of Rutgers-Camden — have expressed doubts about whether the chief justice has constitutional authority to fill a Court seat on a temporary basis for any reason other than to make up a quorum. Their qualms are based on the fact that the sentence allowing such assignments follows directly after one that states the five-member quorum requirement. Professor Hartnett’s misgivings about the constitutionality of such assignments, were further noted in a prior NJLJ article, “Constitution, Rules in Conflict Over Way To Temporarily Fill Court Seat.” The article states: “Seton Hall Law School Professor Edward Hartnett, who teaches constitutional law, says that the rule, which would appear to allow Chief Justice Stuart Rabner to name a interim justice, is not valid because it goes beyond what the Constitution allows. Instead, it is Gov. Chris Christie who has the constitutional power to fill the seat temporarily through a recess appointment, says Hartnett.” And that: Hartnett's opinion that the Constitution does not allow Rabner to plug the vacancy is based in part on the history of the relevant provision, Art. VI, sec. 2, para. 1. Adopted in 1947, it reads: "Five members of the court shall constitute a quorum. When necessary, the Chief Justice shall assign the Judge or Judges of the Superior Court, senior in service, as provided by rules of the Supreme Court, to serve temporarily in the Supreme Court." As originally drafted, the paragraph specifically referred to using the power when necessary to make a quorum, and the paring of the quorum reference from the final version was a stylistic change, Hartnett says. He also finds support in the evolution of R. 2:13-2, pointing out that the language about replacing absent justices and expediting Court business was not added until 1967, and the provision allowing appointment of retired justices did not appear until 1978. Hartnett is not the only one who doubts Rabner's authority to assign an interim justice. Earl Maltz, a constitutional law professor at Rutgers Law School-Camden, agrees, based on the language of Article VI. It "doesn't say if the seat is vacant for a while that the Chief Justice can appoint someone," he notes. To allow temporary assignments for nonquorum purposes, such as expediting Court business as the rule states, would give the chief justice "unfettered authority," adds Maltz. In his Op-ed on the subject, “Conventional Wisdom Is Wrong on N.J. Supreme Court Appointments,” Professor Hartnett further explains:
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<b>Professor Stephen Lubben</b> in CNNMoney.com/Fortune Magazine on Bankruptcy Costs and Fees as Lehman Bros. Expected to Hit $2 BillionSeptember 09, 2010 CNN Money.com/Fortune Magazine quoted from Professor Stephen Lubben’s American Bankruptcy Law Journal article, “Corporate Reorganization & Professional Fees,” in a recent feature on the escalating costs of attorney and other professional fees associated with corporate bankruptcies. The article reports that the lead attorney in the Lehman Brothers bankruptcy recently told Congress that “the final bill to unwind its sprawling claims would likely hit $2 billion and take two more years to settle.” The article notes that “data indicates only about 1% of all fee requests are cut down and that such fees increased at a rate greater than 10% per year between 1998 and 2007 -- more than twice the rate of inflation.” Amidst generalized calls to reign in the “excessive,” the article notes:
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Professor Adam Steinman in MSNBC, The Vancouver Sun, The Times of India’s Economic Times, and Australia’s Sydney Morning Herald in Regard to Procedural Tactics Employed in Facebook CaseSeptember 09, 2010 Professor Adam Steinman appeared in media sources throughout the world regarding procedural tactics in the Facebook ownership case which presently sits in U.S. District Court, Western District of New York. The case had previously been removed from state court by defendant, Facebook, Inc. CEO, Mark Zuckerberg , under federal diversity jurisdiction. The plaintiff, who claims to have received through contract 84% of Facebook ownership from Zuckerberg, is attempting to bring the case back to state court under claim that Zuckerberg, like plaintiff, is a New York resident—thus spoiling diversity under Sect. 1332. Reuters noted that "The higher the stakes, the more likely you want to take advantage of procedural moves to improve your chances of winning, or settling on the most favorable terms," said Adam Steinman, a professor at Seton Hall University School of Law in Newark, New Jersey. Steinman said "conventional wisdom" is often that defendants prefer federal court to state court, because cases might be dismissed faster or less likely to reach juries. "There could also be a 'home-field' advantage if a state judge were more sympathetic to a local plaintiff," he said. |
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Professor Mark Alexander on NPR’s Brian Lehrer Show & the Inaugural Edition of WNYC’s Politics BlogSeptember 08, 2010 Professor Mark Alexander, former Senior Advisor to the Barack Obama presidential campaign, appeared on Brian Lehrer’s radio show to talk about the economics and politics of presidential proposals to stimulate the economy, and in the WNYC blog, “It’s a Free Country,” writing about “What’s broken in politics and how do we fix it?” On the Brian Lehrer show, Professor Alexander noted that for the 2010 mid-term elections the economy would play an important part: “…the economy plays out in such a huge way—in all elections. The most famous one was in the first Clinton campaign, saying “It’s the economy stupid.” In a stable economy voters feel better about sending incumbents back— and if it’s less stable, I think it’s a lot harder for those in power.” In “It’s a Free Country, Professor Alexander took issue with the premise of the question posed by the blog, “What’s broken in politics and how do we fix it?” Professor Alexander noted that although “Politics can be messy. Politics can be unpredictable. And so it is right now,” and that “we are running through a messier-than-usual period,” there was a distinction to be made between the course of politics and the responsibility for governance. He wrote:
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The Cybersecurity Project of the Gibbons Institute of Law, Science & Technolgy was featured in the New Jersey Law Journal and The RecordSeptember 01, 2010 Computer or “cyber” crime and “cyber” terrorism have quickly become acknowledged as major threats to business, individual safety and national security. The U.S. Senate Committee on Homeland Security and Government Affairs recently reported that the Executive Branch agencies and the Congress alone are now under cyber attack an average of 1.8 billion times per month and that cyber crime costs our national economy billions of dollars annually. Citing the need for lawyers and law enforcement professionals to keep pace with the increased prevalence and sophistication of cybercrime, the Bergen County Prosecutor’s Office has partnered with Seton Hall Law School’s Gibbons Institute of Law, Science & Technology and Rutgers School of Law–Newark to bring specialized training in cybersecurity to both law students and practicing attorneys. The initial offering of the partnership, a thirteen week course on Cybersecurity Law held at Seton Hall Law School and taught by Gibbons Institute Director, Professor David Opderbeck, was made available to both Seton Hall and Rutgers–Newark students as well as prosecutors throughout the state and agents of the New Jersey Office of Homeland Security. Twenty prosecutors and agents signed up for the course—free of charge. Rutgers–Newark Law School will offer a seminar on Cybercrimes in Spring 2011, while Seton Hall Law will offer a course on Computer Crimes Practice at that time. Bergen County Prosecutor John Molinelli stated: “Cybercrime is a local, national and international problem of the first priority. Damages amount to billions of dollars, threatening national and state security with economic and terroristic threats to medical and personal privacy, and predation upon the young and defenseless. We need to work together to ensure the collective safety and privacy of our citizens—and to assure the continued expertise of our security professionals, attorneys and future attorneys. This program will help make that happen.” In addition to courses on Cybersecurity Law and Computer Crimes Practice, the Project includes a full day Conference, to be held in Spring, 2011 (also free of charge to the legal and academic communities); a Portal Website which will function as an up-to-date electronic compendium of applicable state and federal law and regulations; and for students, internships in the field. Dean of Rutgers–Newark Law School, John J. Farmer, Jr. said “We are very pleased to be a partner in this project. It will give students and attorneys the chance to fully immerse themselves in an important and emerging area of the law, and in fieldwork which will solidify that training for our students. “ Dean Patrick E. Hobbs of Seton Hall Law agreed, stating, “This is a tremendous opportunity for academics, attorneys and law students to come together and learn from each other while devising solutions to our common problems involving law, science and technology. It’s exactly why the Gibbons Institute was founded.” Learn more about the Cybersecurity Law Project at http://law.shu.edu/cybersecurity.
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Professor Mark Alexander on the WNYC Radio Show, The Takeaway, Commenting on the August 24 Primary ResultsAugust 25, 2010 Professor Mark Alexander, who served as Senior Policy Advisor to Barack Obama during his presidential campaign in 2008, joined WNYC’s morning talk show, The Takeaway, to discuss the implications of the August 24 primary election results, which resulted in victories of non-incumbents and “outsiders” such as Joe Miller, representing the Tea Party movement, who as of August 25, was in the lead for the Republican nomination for senator in Alaska over incumbent Lisa Murkowski. When asked if these victories indicate that these outlying political movements are taking power, Professor Alexander responded: “I’m not sure they are truly coalescing, they are popping up in general races. The question becomes, do they have the ability to coalesce around one person to become, not so much a traditional party, but more like traditional force where they can be counted on in state after state after state. “ The Takeaway hosts also noted that John McCain’s primary victory over contender Representative J.D. Hayworth cost the Senator more than $20 million, a significant sum to spend on a primary race, symbolizing a trend toward big spending in smaller elections. Professor Alexander reflected that money does not always change everything. Citing the effect of the Supreme Court decision on Citizens United, which allows “unlimited” corporate contributions to election campaigns: “The spending is out of control, and…with the Citizens United decision, the money is going to keep on going... But what is interesting also is that money doesn’t always guarantee results... The question is: is money going to prevail, or will there be a significant grassroots movement going forward? We tried to organize people from the grass roots up in the Obama campaign, I think Sarah Palin is trying to have that effect, the Tea Party is trying to have that effect, and that may be a trend we are seeing in larger politics.“ As for advice to candidates as they face the November elections, Professor Alexander cited the current dissatisfaction with our current political system and the precarious economic environment: “Candidates should be aware that there is a lot of emotion out there… People are still anxious about their jobs, anxious about their houses and anxious about the economy…whether candidates can tap into that emotion and get people involved in their politics, I think that’s one of the big questions we can look forward to in the future. “
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Professor Stephen Lubben in the New York Times Regarding the Source of Payment of Legal Fees for Lehman Executives and in BusinessWeek on the $918 million in Adviser Fees paid in the Bankruptcy thus FarAugust 19, 2010 Professor Stephen Lubben appeared in both the New York Times and BusinessWeek regarding different aspects of the Lehman Brothers bankruptcy proceedings. In BusinessWeek, Professor Lubben commented as to potential remedy if, at a later date, the judge in the case were to decide that the fees paid to Lehman’s advisers thus far had been in some way excessive. According to BusinessWeek,
Professor Lubben noted for BusinessWeek that: “The judge can always claw back fees at the end of the case, when he’ll have a better perspective on the value of the fees.” In the New York Times, Professor Lubben rebutted the notion espoused by William D. Cohan that there was some financial advantage to be gained for Lehman creditors in disallowing the corporate payment of legal fees for its executives. In “A Different Take on Lehman’s Executive Fees” the Times writes:
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Professor Jonathan Hafetz in Everything from the Washington Post, Boston Globe and Huffington Post to the Saudi Gazette and Himalayan Times Regarding the Clandestine Shuffling of Detainees Through Guantanamo and ‘Black Sites’August 11, 2010 Professor Jonathan Hafetz appeared in a widely reported exclusive Associated Press article which ran in media sources throughout the world. The article details through flight plans and interviews the secret detention and transfers of four “high value” detainees through “black sites” located throughout the world and a secret CIA holding facility in Guantanamo Bay Cuba. The transfers seemingly correspond to anticipated Court decisions which found rights for detainees in Guantanamo such as access to lawyers. Professor Hafetz, co-author along with Professor Mark Denbeaux of “The Guantanamo Lawyers, Inside a Prison Outside the Law,” is also a Center for Policy & Research Faculty Member. Noting that Professor Hafetz has defended a number of Guantanamo detainees, the Associated Press wrote: “This was all just a shell game to hide detainees from the courts,’’ said Jonathan Hafetz, a Seton Hall University law professor who has represented several detainees.
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Professor John Jacobi on NBC New York Regarding Mental Health Reform in New JerseyAugust 11, 2010 Professor John Jacobi, long an advocate of mental health reform and the rights of those who suffer with mental disabilities, was interviewed for a news story on NBC New York. The issue at hand involved a recently filed lawsuit against the State of New Jersey; the suit seeks creation of an independent review board to address patient objections to medication. Those who filed the suit claim that the appeals process in place is not impartial. Although the State declined comment, Ellen Lovejoy, of the New Jersey Department of Human Services, said : "It is our mission to provide recovery-oriented treatment while ensuring patients' civil rights and their safety as well as staff safety." Considering nuances in the face of a favorable, but seemingly blanket policy, Professor Jacobi reflected on instances in which medication may enable a patient to ultimately offer informed consent. The news report stated: An outside expert favors an independent review process but says sometimes psychiatrists insisting on certain medicine can benefit their patients. "In some rare instances, forcible treatment should be provided in order to allow patients to make conscientious and well-founded judgments for themselves," said Seton Law School Professor John Jacobi.
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Kate Matos ’11 in The Health Care Blog on New Rules for Insurance Appeals Under PPACAAugust 10, 2010 Kate Matos wrote an article on the new rules governing health insurance coverage appeals under PPACA which was featured in The Health Care Blog. The Health Care Blog has been described by the Wall Street Journal as "among the most widely read insider publications in the field,” and “a must-read blog.” Kate Matos’ article, “The New Rules for Insurance Appeals Under PPACA,” was originally published in Seton Hall Law’s Health Reform Watch, a weblog of the Center for Health & Pharmaceutical Law & Policy.
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Professor Thomas Healy on Fox TV News on a Federal Appeals Court Decision on the FCC’s Indecency Policy.August 10, 2010 Professor Thomas Healy appeared on nationally syndicated Fox News regarding a recent Federal Appeals Court decision which struck down the FCC’s policy on indecency as being “overly vague.” |
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Professor Gaia Bernstein was featured in The New York Times, Forbes and The Globe and Mail concerning her recent scholarship on “Intensive Parenting” and the lawJuly 30, 2010 Professor Gaia Bernstein appeared in the New York Times, Forbes Magazine and Canada’s leading newspaper, The Globe and Mail, concerning her recent scholarship on “Intensive Parenting” and the Law. These articles follow on the heels of another recent article in the ABA Journal. Regarding the general perception that “Intensive Parenting” or “Helicopter Parenting” is a norm appropriate for unmitigated aspiration, The Times writes:
Professor Bernstein and her co-author have also cautioned that “the law repeatedly incorporates child-rearing practices into mandatory legal standards and that we should expect to see pressure on legislatures and courts to turn sophisticated child rearing practices used by Intensive Parenting adherents into legal standards. ‘Some child rearing practices are desirable social norms but not desirable legal standards,’ Professor Bernstein explained. “For example, some states now place women who consume alcohol during pregnancy under civil confinement. Would we want to see pregnant women who do not to take folic acid vitamins—which reduce the probability of birth defects— similarly placed under civil confinement?” And that “Intensive Parenting is largely a socio-economic construct. It is class, race, ethnicity and culturally dependent and tends to place its weight squarely upon the shoulders of women—who are still overwhelmingly responsible for the raising of children. “A hasty and uncritical incorporation of such standards in a multicultural society would increase existing biases and force Intensive Parenting on those who may be financially unable or ideologically unwilling to adopt it.”
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Kate Greenwood In a Featured Op-ed in The Record and North Jersey.com on Medical MarijuanaJuly 28, 2010 Center for Health & Pharmaceutical Law & Policy Research Fellow and regular Health Reform Watch.com contributor, Kate Greenwood, authored a feature Op-ed which appeared in The Record and North Jersey.com . In the article, citing conflicts with federal law and funding, Ms. Greenwood argues against the recently proffered strategies to delay and amend the “New Jersey Compassionate Use Medical Marijuana Act” to allow Rutgers University and state teaching hospitals to grow and distribute marijuana.
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Center for Social Justice Report on Day Laborer Wage Theft & Abuse featured in the New York Times, NJ Law Journals & more...July 28, 2010 The Center for Social Justice report, “Ironbound Underground: Wage Theft & Workplace Violations Among Day Laborers in Newark’s East Ward,” was featured in the New York Times, New Jersey Law Journal, The Record, Star Ledger, WOR Fox TV News, Univision TV News, NJN 12 News, WPLJ Radio, Comunidade News, Immigration Law Prof Blog, and other media sources (See below). The report, issued in both English and Spanish, was co-authored and compiled by Professor Brian Lonegan and Practitioner-in-Residence Anjana Malhotra, along with Rafael Perez and Nicholas Norcia, two recent graduates of Seton Hall Law who worked on the report during their final semester of law school. In the report, the authors found that 96% of immigrant day laborers in the Ironbound section of Newark, New Jersey have been victims of wage theft in one form or another. The report shows that:
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Professor Gaia Bernstein in the ABA Journal on Intensive Parenting and the LawJuly 19, 2010 Professor Gaia Bernstein appeared in the ABA Journal regarding her recent scholarship on Intensive Parenting and the Law. In the paper, which is to be published in the U.C. Davis Law Review, Professor Bernstein counsels against the incorporation of such parenting standards into the law, but notes that the process of incorporation has already begun.
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Professor Stephen Lubben in Bloomberg News & BusinessWeek on Fraudulent Transfer and Successor Liability Issues in the Purchase of BP AssetsJuly 16, 2010 Professor Stephen Lubben appeared in Bloomberg News and Businessweek regarding fraudulent transfer and successor liability issues for putative purchasers of BP assets. Businessweek notes, Apache Corp. may agree to pay $10 billion to $11 billion in cash next week for some of BP’s Alaskan assets, according to people familiar with the deal. Exxon Mobil Corp., Royal Dutch Shell Plc and Tullow Oil Plc have also said they may be interested in buying some of BP’s properties. Laws prohibiting fraudulent transfers could allow victims to sue a buyer to recover money deemed essential to pay claims, and successor liability could leave a purchaser with BP’s obligations, if BP files for bankruptcy. A proposed change to federal bankruptcy laws could force a buyer to wait for BP to get approval from victims for the sale, or persuade a judge it will have enough assets to pay claims in full. Because the assets would seem to be subject to discount because of the BP liability in the spill, according to John Tucker, “a lawyer with Rhodes Hieronymus Jones Tucker & Gable in Tulsa. ‘They [would be asset buyers] have to make certain they’re paying a justifiable price” or else a bankruptcy court could reverse the deal in the future.” Professor Lubben noted that
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Professor Frank Pasquale in the Financial Times on Net Neutrality, Search Neutrality & GoogleJuly 14, 2010 Professor Frank Pasquale appeared in the Financial Times regarding Net Neutrality, Search Neutrality and Google. The article, “Net neutrality comes back to haunt Google,” discusses ongoing review of Google search engine practices by various governmental entities, including antitrust regulators, the European Commission, and the German Cartel Office. The reviews are deemed to be “informal” thus far, though Europe’s top competition officer is said to have declared that he was “looking at the issues ‘very carefully.’” The article also notes that it is somewhat ironic that Google, which has become the primary torch bearer in the battle for Net Neutrality has helped pave the way in a sense for the next battle, Search Neutrality. FT writes:
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Professor Marc Poirier in the Daily Record on the Constitutionality of an Ordinance Designed to Isolate Tattoo Parlors and Adult BusinessesJuly 12, 2010 Professor Marc Poirier appeared in the Daily Record, analyzing the constitutionality of a proposed Chatham borough ordinance which “prohibits adult entertainment establishments and tattoo parlors within 150 feet of a school, houses of worship, residential areas and school bus stops.” The restrictions do not ban such businesses within the borders of the town, but do relegate such businesses to a total of 10 lots within an industrial area within the town. Agreeing with the township attorney who noted that an ordinance which barred such businesses entirely would be susceptible to legal challenge (infringement of First Amendment speech rights),
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Professor Frank Pasquale in The Health Care Blog on Privacy and Electronic Surveillance of NursesJuly 01, 2010 Professor Frank Pasquale was featured in The Health Care Blog, regarding the use and implication of Radio Frequency Identification (RFID) systems in hospitals. The article, which appeared first in Health Reform Watch, is entitled “RFID Tags for Nurses. Then Everybody?” and can be found below.
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Professor Edward Hartnett in the Star Ledger Regarding Decision in NJ Corruption Sting TrialsJune 15, 2010 Professor Edward Hartnett offered background procedural information and commentary for the Star Ledger regarding the implications of plea bargains made to charges which have subsequently been found by the court to not be applicable to defendants who have pled guilty to such. The Star Ledger writes:
Even if such pleas were vacated through the successful navigation of complex collateral proceedings, however, other charges stemming from the events would seemingly still be available for subsequent prosecution as both a matter of law and the express language of the plea agreements. The Star Ledger reports that
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Professor John Kip Cornwell in Star Ledger on Jury Polling in Child Endangerment VerdictJune 15, 2010 Professor John Kip Cornwell appeared in the Star Ledger regarding a request by a defense attorney to poll a jury which convicted a 43 year old WMCA chaperone of child endangerment for engaging in “a shower game” with an 11 year old boy. A juror in the case, Linda Eckert, came forward to express her regret via letter for having voted to convict the man. The Ledger reports that “Eckert said some jurors favored acquittal on the endangering charge. However, they voted to convict after being told by one unnamed juror that child endangerment was a minor charge that carried no jail time, ‘so a game of this nature would not be played again.’" The unnamed juror, however, was incorrect. The man convicted, “faces up 10 years in prison and registration as a sex offender, but if it is determined the jury was tainted by ‘juror misconduct,’ the guilty verdict could be reversed.” Polling juries, however, is highly unusual. The Ledger reports
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Professor Stephen Lubben in Reuters & International Business Times on the Prospect of BP InsolvencyJune 15, 2010 Professor Lubben appeared in Reuters and the International Business Times. As BP stock tumbled to a 14 year low amidst investor doubt as to the long term viability of the company because of liabilities incurred due to the worst oil spill in U.S history, some have also begun to consider the prospect of bankruptcy for BP. IBT reports:
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<b>Professor Stephen Lubben</b> in the New York Times on the Impact of Prospective Legislation to Circumvent ‘Too Big to Fail’ Bank BankruptciesJune 03, 2010 Professor Stephen Lubben was featured again in the New York Times’ Dealbook in an article critical of recently passed legislation by the Senate which would create and alternative to bankruptcy for banks. The legislation would utilize a “resolution authority” which would function under the aegis of the FDIC and in lieu of the bankruptcy system. The resolution authority would attempt to raise bailout money through the industry as opposed to through taxpayers. Unlike the House bill however, the Senate’s bill chooses to attempt to gather money from industry after a catastrophe. The House bill provided a means of collecting money from the banking industry prior to a catastrophe in order to set up a resolution fund in advance. The Times noted:
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Professor Bryan Lonegan in the New York Times & AOL NewsMay 17, 2010 Professor Bryan Lonegan appeared in the New York Times and AOL News regarding immigration policy and practices and an announcement by New York Governor David Paterson that he would, according to the NY Times, “accelerate consideration and granting of pardons to legal immigrants for old or minor criminal convictions, in an effort to prevent them from being deported.” Governor Paterson’s announcement is seen to be at odds with recent federal policy which has aggressively sought deportation for individuals with even relatively minor and old offenses. A reclassification of many such offenses as “aggravated felonies” in 1996 has subjected many legal immigrants to deportation. The NY Times noted that
And that
Considering the magnitude and ramifications of Governor Paterson’s initiative, the Times looked to Professor Lonegan:
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Professor Stephen Lubben Featured in Fortune Magazine, The Washington Post, New York Times, Rortybomb & ReutersMay 14, 2010 In Fortune magazine, Professor Lubben appeared in an article entitled “6 simple steps to really fix Wall Street.” The article considers the prospect of new regulations for the financial sector in light of the recent financial crisis, and makes suggestions regarding the same. Professor Lubben appears as part of step number 4, “Beef up the bankruptcy laws.” Commenting on the difficulties derivatives can impose upon orderly bankruptcies, Fortune notes
The article, written by Fortune’s senior edit-at-large, Allan Sloan, also ran as a special feature in the Washington Post. In the New York Times, Professor Lubben appeared in a Sunday Business Times feature entitled “Who knew bankruptcy paid so well?” The article details the more than $730 million in fees and expenses charged thus far in the Lehman Brothers bankruptcy by lawyers, accountants and restructuring experts. In 2008 Professor Lubben, served as the principal investigator for the American Bankruptcy Institute’s (ABI) leading empirical study of professional fees in Chapter 11 bankruptcy cases—the most comprehensive analysis to date of Chapter 11 bankruptcies. The Times notes that “first- and second-year associates [are] charging more than $500 an hour in some of these bankruptcy cases” and “at several firms, including Weil and Milbank, Tweed, Hadley & McCloy, partners now charge $1,000 an hour or more for their bankruptcy services. The Times also noted that
In Reuters, which is distributed throughout the world, Professor Lubben commented on the implications of a sudden large drop in the stock market which was thought to be related to financial difficulties in Greece. Professor Lubben remarked:
Mike Konczal, whose blog Rortybomb has been described by Paul Krugman as “essential reading for anyone interested in financial reform,” interviewed Professor Lubben at length. Konczal writes:
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<b>Associate Dean Kathleen Boozang</b> in the Boston Globe on the Implications of a For-Profit Takeover of Boston’s Catholic Hospital NetworkMay 04, 2010 Associate Dean Kathleen Boozang appeared in the Boston Globe concerning the implications of a for-profit firm taking the reins of Boston’s Catholic hospital network, Caritas Christi Health Care. Although the prospective acquisition of the six Caritas Christi hospitals by a private equity firm, Cerberus Capital Management, would leave the hospitals governed by a stewardship agreement worked out with the Roman Catholic Archdiocese of Boston, there has been some concern that such a transfer of ownership can ultimately jeopardize the Catholic charitable mission at the expense of corporate profits. The Boston Globe noted that:
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<b>Professor Charles Sullivan</b> in Reuters on Class Action Cert. in Wal-Mart Sex-Discrimination CaseApril 27, 2010 Professor Charles Sullivan was featured in a Reuters article appearing in media sources throughout the United States and Canada regarding the Ninth Circuit’s decision to certify as a class action what has been termed “a landmark sex-discrimination lawsuit against Wal-Mart.” The decision potentially exposes Wal-Mart to what may amount to billions of dollars in damages from hundreds of thousands or even a million and a half employees. The lawsuit claims that “that Wal-Mart paid female workers less than male colleagues and gave them fewer promotions.” Professor Sullivan noted that Wal-Mart would face "huge economic pressure" to settle the case if the Ninth Circuit ruling was allowed to stand. "Even if there is only a small chance it could lose at trial, the risk of having tens of billions of dollars of potential liability is too great," said Sullivan. But he noted that the Supreme Court has been unsympathetic to large class-actions of late. Wal-Mart has said that it would appeal the decision to the Supreme Court.
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Professor Baher Azmy on Declaration that Bush, Cheney, and Rumsfeld “knowingly held” hundreds of innocent men in GTMOApril 09, 2010 Professor Baher Azmy was interviewed by Senior Washington correspondent Andrea Stone for an AOL News feature article regarding the statements of Lawrence Wilkerson, who was Secretary of State Colin Powell’s chief of staff. The AOL feature quotes at length from a recent London Times article; the London Times obtained a copy of a signed declaration made by Wilkerson in support of litigation by a former Sudanese Guantanamo detainee “seeking damages for his alleged torture at the prison.” Stone writes:
Wilkerson also stated that "I discussed the issue of the Guantanamo detainees with Secretary Powell. I learnt that it was his view that it was not just Vice President Cheney and Secretary Rumsfeld, but also President Bush who was involved in all of the Guantanamo decision making." Other media accounts have noted that Wilkerson’s personal observations are corroborated by the work of Professor Mark Denbeaux and the Center for Policy and Research here at Seton Hall Law. (see here and here) Stone further notes that “The latest revelation about the now infamous prison hardly surprised defense lawyers representing current and former detainees….
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<b>Professor Paula Franzese</b> in Bloomberg News regarding former Governor Jon Corzine’s office allegedly taking unfair advantage in securing concert tickets.April 07, 2010 As the result of litigation pursued against ticket agencies in New Jersey, evidence of special treatment for some politicians in procuring hard to get concert tickets has emerged. Bloomberg reports that
Professor Franzese, chair of the New Jersey State Ethics Commission, noted for Bloomberg news that
Professor Franzese also noted that "The public can't help but feel violated when the perception is some are entitled to special treatment, but not others," and “said she wasn't aware of the ticket practices and that the commission will review the sports authority's policies.”
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<b>Professor Mark Alexander</b>, former Policy Director for Barack Obama’s Presidential Campaign, in the Huffington Post on the Health Care Reform BillMarch 23, 2010 Professor Mark Alexander, who served as election campaign Policy Director to Sen. Ted Kennedy, Sen. Bill Bradley, and Barack Obama in his campaign to be elected President, recounts for the Huffington Post how Health Care reform “has been a long time coming.” Professor Alexander writes:
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Professor Stephen Lubben Featured in the Wall Street Journal and Interviewed by the American Bankruptcy InstituteMarch 13, 2010 Professor Stephen Lubben was featured in a Wall St. Journal article regarding the demise of Lehman Bros. and its use of a short term lending through what is known as “the repo market.”. The Wall Street Journal reports that “The report by Lehman's court-appointed bankruptcy examiner, which runs thousands of pages, recounts efforts by the bank to use sleight-of-hand accounting transactions to spiff up its financial picture and sometimes use low-quality collateral to get loans,” and that “the examiner's report exposes the market's lack of information and the confusing, sometimes contradictory agreements between Lehman and its lenders that help explain why the market seized up in the financial crisis.” Professor Lubben noted, “The basic problem is that the investment banks have become highly dependent on the repo markets for their funding ... but they were using a whole bunch of nontraditional securities for those repo agreements. The market is extremely opaque and had become very dependent on the value of mortgage-backed securities. As we got into the second half of 2008, it became very unclear what the value was on a lot of those things," For the ABI, “the largest multi-disciplinary, non-partisan organization dedicated to research and education on matters related to insolvency,” Professor Lubben discusses the notion of “too big to fail” and the adequacy of Chapter 11 to deal with the failure of systemically significant financial institutions. The conversation is particularly important given the recent insolvency of financial firms, Congress’ proposal to enact legislation regarding the insolvency of firms “too big to fail,” and Professor Lubben’s role as one of only two Bankruptcy Professors to testify before Congress regarding the oversight of the Troubled Asset Relief Program (TARP). Professor Lubben favors the continued use of Chapter 11, but with adjustments which would account for the use of derivatives by, among other initiatives, amendment of the Bankruptcy Code in a manner which would rid it of its “safe harbor” for derivatives.
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<b>Professor Jonathan Hafetz</b> Interviewed on Salon Radio Regarding <i>The Guantanamo Lawyers: Inside a Prison Outside the Law</i>, co-edited with Professor Mark DenbeauxMarch 12, 2010 Professor Jonathan Hafetz was interviewed by Salon Radio regarding the book he co-edited with Professor Mark Denbeaux, The Guantanamo Lawyers: Inside a Prison Outside the Law, and the personal dynamics of the war on terror for attorneys involved in the defense of Guantanamo detainees. In the interview, Professor Hafetz, who is a Faculty Fellow of Seton Hall Law’s Center and a Staff Attorney in the ACLU's National Security Project, stated
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<b>Professor Frank Pasquale</b> on Brian Lehrer Live Regarding the Implications of Digital LaborMarch 09, 2010 Professor Frank Pasquale appeared on Brian Lehrer’s video show along with Trebor Scholz of The New School University to discuss the implications of digital labor in a globalized workplace. Best known for his award winning NPR radio show, Brian Lehrer noted that “Cyberspace is without labor laws or worker protections.” Digital labor such as data mining and data entry have been increasingly outsourced to workers in third world countries for just pennies an hour. Professor Pasquale suggests that although it is a transnational issue, the Department of Labor within each country should start “looking into” the matter, and that perhaps we should begin to think about a minimum wage for these workers and a globalized effort to effectuate minimum labor standards.
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<b>Professor Paula Franzese</b> on Chicago Public Radio Regarding Chicago’s Bad Developer Task ForceMarch 04, 2010 Professor Paula Franzese was recently featured on Chicago Public Radio’s “Eight Forty-Eight” regarding the city of Chicago’s efforts to hold construction developers responsible for “shoddy work.” Chicago has opened a Bad Developer Task Force within its law department to use legal means, and the leverage hefty fines can offer, to force developers to remedy their substandard construction. The task force lead attorney, Greg Janes, along with three other attorneys and inspectors from the building department, investigates Chicago’s construction problem. The task force has, at present, over 90 lawsuits filed against developers. Many cases, however, do not require suit, merely conversations which apprise those in question that they can avoid suit by making the repairs. For many other cases, however, suit is fruitless, as the developers simply lack the resources to either pay fines or make repairs. Professor Franzese explained that “Chicago is certainly taking the lead in the context of trying to cure or fix a very severe malaise that is afflicting so many regions of the United States,” noting for Eight Forty-Eight that “lots of cities are struggling with unfinished or poorly built developments,” and that she’s “been fascinated to watch Chicago’s effort, but says it may be a dead-end if developers are broke.” Mirroring Chicago’s actual experience, replete with contractors fleeing the state in the face of fines and court mandates to remedy, Professor Franzese stated of the Task Force efforts: “It may not yield the results the city hopes simply because the developers are unable to comply.” |
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Professor John Kip Cornwell in the Star Ledger on NJ’s Bias Crime Statute and in a Separate Article Regarding a Fourth Amendment Search and Seizure IssueMarch 02, 2010 Professor John Kip Cornwell appeared in two articles in the Star Ledger. The first article regards New Jersey’s bias crime statute as applied in a murder case. In response to criticisms that “standard penalties are severe enough and sentences should be the same whether a victim was selected randomly or out of prejudice,” Professor Cornwell noted:
In the second article, “A Sex Case May Hinge on Unlisted Cell Phone,” Professor Cornwell was queried regarding a Fourth Amendment expectation of privacy in reference to the unlisted cell phone number of a middle school teacher accused of molesting a student. The teacher’s phone number was given to the police by the school’s principal—without a warrant or subpoena— and then used by the alleged victim to contact the teacher while police recorded the call. The attorney for the defense is seeking to have the recordings excluded as evidence from the trial on the grounds that such actions by the police constitute an unreasonable search and seizure under the Fourth Amendment, and that the teacher had a reasonable expectation of privacy in his unlisted phone number—even though he had given this unlisted cell phone number to school officials for a staff-contact list. Professor Cornwell remarked: "I think he has a tough case. If he was aware police had access to his number (in an emergency file), then his claim has no merit. If he was unaware the school had provided the number to police -- even then I don't think he has a Fourth Amendment claim. If the school provided the number to police and it was reasonable for them to do so, then I don't see how their providing the number violated the Fourth Amendment."
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<b>Professor Mark Denbeaux</b> and <b>Joshua Denbeaux ’91</b> in The Atlantic Magazine, “Terror Law Truths: The Denbeauxs Deserve a Medal.”February 17, 2010 Professor Mark Denbeaux and his son, Josh Denbeaux ’91, were lauded by The Atlantic Magazine for having
Professor Denbeaux is the Director of Seton Hall Law’s Center for Policy & Research, his son, alumnus Joshua Denbeaux, is a Center Senior Fellow. Together, along with Seton Hall Law students, they have published the world renowned GTMO Reports. The reports have been introduced into the Congressional record by the Senate Armed Services Committee, the Senate Judiciary Committee, the House Armed Services Committee, and as part of a Resolution by the European Parliament, and have been cited by every major media source throughout the world. The Atlantic:
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<b>New GTMO Report</b>, “DoD Contradicts DoD” in Harper’s Magazine & London’s Sunday TimesFebruary 09, 2010 A new report by Seton Hall Law’s Center for Policy & Research, “DoD Contradicts DoD,” was featured in articles in Harper’s Magazine and The Sunday Times of London as well as other media sources throughout the world. The Harper’s piece focuses on the latest report, whereas The Sunday Times piece presents an overall picture of the matter. The newest Center report, “DoD Contradicts DoD,” analyzes the Department of Defense’s most recent attempts to defend its own investigation into the detainee deaths. The Center has found the DoD’s defense contradictory to, and inconsistent with, DoD’s prior statements in its Naval Criminal Investigative Services (NCIS) report. The Department of Defense has responded to the Seton Hall University School of Law, Center for Policy & Research report, Death in Camp Delta, and Harper’s Magazine’s “The Guantánamo ‘Suicides.’” In its original report, the Center for Policy & Research found dramatic flaws in the government’s investigation of the three simultaneous deaths of detainees in Guantánamo Bay, Cuba, and raised serious questions about the characterization of the deaths as suicides. The Harper’s report, “The Guantánamo ‘Suicides.’” is based on the Center’s report and the revelations of four Guantánamo tower guards on duty the night of the deaths. According to the St. Louis Post-Dispatch, the revelations show “that the victims may have been transported to another location prior to their ‘discovery,’ and that the events leading to their deaths may have occurred at a ‘black site’— a secret facility used to conduct ‘enhanced’ interrogation.” This most recent Harper’s article directly addresses the Department of Defense response as well as the newest Center report.
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<b>Professor Stephen Lubben</b> in the New York Times on Hedge Fund Secrecy in Chapter 11 ReorganizationsFebruary 09, 2010 Professor Stephen Lubben appeared in the New York Times, “DealBook,” regarding a current disagreement among bankruptcy judges in Delaware with respect to the appropriate level of disclosure of economic interests of creditor groups which seek active involvement in Chapter 11 reorganization. The Times notes:
Professor Lubben discussed the recent decision which ordered broad disclosure from a group of holders of Washington Mutual bonds, and wherein Judge Walrath noted in particular “the role of complex financial instruments.” Professor Lubben explained that Judge Walrath “tried to address larger issues,” and noted that
A regularly scheduled federal rule-making panel was scheduled to hear arguments both pro and con in the matter before issuing a final recommendation to be considered by the Supreme Court and then reviewed by Congress.
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<b>Dean Kathleen Boozang</b> in The Star-Ledger on the resignation of Harold Reveche, President of Stevens Institute of Technology, and the unusual role played by NJ’s Attorney GeneralFebruary 05, 2010 In an unusual move for an Attorney General, Anne Milgram filed a 16-count lawsuit against Stevens Institute of Technology for alleged financial mismanagement and excessive compensation. Specifically, she called attention to the activities of Stevens’ president, Harold Reveche, who accepted compensation of more than $1 million, and whom she accused of hiding the school’s unstable financial situation from the Board of Trustees. Stevens then filed a counter-suit against Milgram, accusing her of overstepping her authority. The case settled with Reveche’s resignation and the case against the Attorney General dismissed. Dean Kathleen Boozang commented in The Star Ledger that Milgram’s were appropriate for her office: “Attorneys general getting involved with the management of nonprofits is a very rare circumstance. She’s not the first, but she’s one of a few.” |
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<b>Professor Mark Alexander on</b> On Bribery and Campaign Contributions in the trial of former Jersey City Deputy Mayor Leona Beldini on WCBS RadioFebruary 05, 2010 WCBS Radio interviewed Professor Mark Alexander regarding the line between bribery and a campaign contribution as the first trial of 40 politicians netted in a federal sting awaits trial. Leona Beldini is accused of taking $20,000 posed as campaign contributions in return for helping a federal informant posing as a developer. Professor Alexander, who teaches Constitutional Law and the intersection of Law and Politics, noted that the line between bribery and a campaign contribution is not always clear. “The short answer in terms of the difference between bribery and political contributions is you often see there’s a quid pro quo. Somebody says, ‘I want this in return for my money,’” he said. The problem, according to Professor Alexander, is that people routinely contribute to the candidates whose positions they support. In order to prove a bribe, the prosecution has to demonstrate evidence of a quid pro quo exchange. “… money in America buys access to elected officials,” he said. Professor Alexander was Senior Advisor and Policy Director to President Barack Obama during his 2008 presidential campaign and developed Obama’s signature policies, built a network of policy experts and provided overall strategic guidance. He has worked as an advisor for the campaign to elect Newark Mayor Cory Booker and 2000 Presidential candidate Bill Bradley. |
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Amnesty International, Congressional and Religious Leaders Call on U.S. Attorney General to Investigate Detainee Deaths at GTMOJanuary 31, 2010 Amnesty International and Rep. Anna G. Eshoo (D- Calif.), a senior member of the House Permanent Select Committee on Intelligence, have joined the swelling ranks of journalists, political activists and religious leaders calling for an independent investigation into the deaths of three detainees at the Guantánamo Bay Detention Center. Based on the report “Death in Camp Delta,” by Seton Hall Law’s Center for Policy & Research and the subsequent revelations of Guantánamo guards detailed in a Harper’s Magazine exposé, “The Guantánamo ‘Suicides,’” Representative Eshoo expressed “grave concerns” and formally called upon Attorney General Eric Holder to “thoroughly investigate” the deaths and even the subsequent military investigation of the deaths. Likewise, Amnesty International has “formally urged” Attorney General Holder to:
In calling for a thorough and independent investigation, Representative Eshoo and Amnesty International join the Editorial Board of the St. Louis Post-Dispatch, MSNBC’s Post Dispatch, the National Religious Campaign Against Torture, and a whole host of political activists and journalists to numerous to list.
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<b>Professor John V. Jacobi </b>in The Health Care Blog on “Cost, Choice & Value” in Health CareJanuary 29, 2010 Professor Jacobi’s “Cost, Choice & Value,” an article originally published on Health Reform Watch, was featured in The Health Care Blog, a preeminent medical industry and issues blog. In the piece, Professor Jacobi looks at cost containment strategies with recent political developments as a backdrop.
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More<b> Seton Hall Alumni </b>Join Governor Christie’s Cabinet and StaffJanuary 25, 2010 Governor Christopher J. Christie ’87 has appointed Robert Czech ’87 to chair the State of New Jersey Civil Service Commission. Thomas B. Considine ’88 will be New Jersey’s Banking and Insurance Commissioner. Czech and Considine will join State Treasurer Andrew Eristoff, Economic Development Authority (EDA) Chair Al Koeppe ’75 and Council of Economic Advisors (CEA) Chair Bob Grady on Christie’s staff.
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Professor Mark Denbeaux on Keith Olbermann’s Countdown Regarding GTMO Detainee DeathsJanuary 21, 2010 Professor Mark Denbeax appeared on the MSNBC show, Keith Olbermann’s Countdown to speak about recent revelations from GTMO guards regarding the death of three detainees in Guantanamo Bay, Cuba, and the existence of a “black site” outside the gates of the detention facility. The primary whistleblower, Army Staff Sergeant Joseph Hickman, has said that reading the Center for Policy & Research GTMO Reports, as well as a desire to have the truth known, prompted him to come forward.
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<b>Professor Linda Fisher in the International Business Times, the Guardian (U.K.), CNNMoney.com, and Fox Business</b> on the Dismissal of Baltimore’s suit against Wells Fargo for Predatory LendingJanuary 13, 2010 Professor Linda Fisher appeared in the International Business Times, the Guardian (U.K.), CNNMoney.com, and Fox Business regarding a U.S. District Court’s dismissal of the City of Baltimore’s lawsuit against Wells Fargo for alleged predatory lending practices. Professor Fisher has helped lead the fight against unfair mortgage and foreclosure practices in New Jersey through her work with Seton Hall Law students in the Center for Social Justice. Commenting on the dismissal of the Baltimore lawsuit, Fisher pointed out that, "It is difficult for cities to show a causal link between one lender's actions and overall economic blight. Cities may need to tailor their lawsuits more narrowly." Professor Fisher has written about reverse redlining and the correlation between race and subprime lending. Her expertise regarding the mortgage crisis and subprime and predatory lending has been featured in the New York Times, the Star Ledger, the Huffington Post and numerous other media sources throughout the world.
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<b>Professor Stephen Lubben in the Wall Street Journal</b> on the Prospect of Manhattan Becoming a Destination Venue for Companies Seeking Bankruptcy Protection with 363 SalesJanuary 11, 2010 Professor Stephen Lubben appeared in an article in the Wall Street Journal on how decisions regarding GM and Chystler’s Chapter 11 bankruptcy cases will affect future bankruptcy litigation. Specifically, he believes the decisions, with regard to Section 363 asset sales, could well result in Manhattan’s bankruptcy court, which is under the jurisdiction of the Second Circuit, becoming a destination venue for similarly situated companies. The Second Circuit decision in Chrysler’s case allowed the company to “sidestep a contentious fight with creditors and avoid a prolonged stay in court,” according to the Wall Street Journal. The decision allowed the company to conduct a 363 sale, so named after the Bankruptcy Code section that governs asset sales, to essentially restructure and stay in business. WSJ reports:
Recently, testimony Professor Lubben gave to the Congressional Oversight Panel charged with monitoring the Troubled Asset Relief Program (TARP) was also featured in the Wall Street Journal. In that article, the Wall Street Journal noted that in Professor Lubben’s Congressional testimony he said the quick, lender-controlled 363 sales that took place in the GM and Chrysler bankruptcy cases are "entirely within the mainstream" of Chapter 11 practice for the last 10 years. "Congress may well decide, as a matter of policy, that this should end, but until it does there is little to the idea that these cases are ‘unprecedented’ in their structure," he wrote. "The identity of the [debtor-in-possession] lender is novel, but what happened is routine." |
