Professor Zephyr Teachout was quoted in a State of Politics article in which she responds to a ruling that struck down new state guidelines focused on education standards. The decision from State Supreme Court Judge Christina Ryba effects State Education Department guidelines released last year that would require school district-level review of education standards at private schools. … Advocates for boosting education standards, however, decried the sweeping decision. “It is absolutely imperative for the Education Department to provide reasonable oversight to make sure every student in New York is receiving an education that complies with state standards. This is about…
Author: Newsroom
Visiting Professor, Corey Brettschneider, wrote an op-ed featured in The Guardian that lays out his views on the validity of the Department of Justice’s policy against indicting a sitting president. There is no statement in the Constitution granting immunity to sitting presidents. Instead, this privilege is a Department of Justice policy based on two memos written by lawyers in the Nixon and Clinton administrations. These lawyers argued, based on their reading of the Constitution and case law, that a sitting president cannot be subject to indictment or criminal trial for two reasons: a criminal indictment would create too much of…
Professor Jed Shugerman wrote an op-ed featured in The New York Times discussing the findings of the Mueller report as it pertains to evidentiary standards. But the opposite is also true: The Mueller report does establish that, in fact, members of the Trump campaign conspired or coordinated with the Russian government in its election interference activities. How is this possible? It’s the difference between the report’s criminal prosecution standard of proof “beyond a reasonable doubt” and a lower standard — the preponderance standard of “more likely than not” — relevant for counterintelligence and general parlance about facts, and closer to…
Professor Joel Cohen wrote an op-ed featured in The Hill providing his analysis of Robert Mueller’s actions surrounding the release of his report on the Russia investigation. So, instead of deciding to seal an indictment or hold off indicting until Trump was out of office — neither an appealing option — Mueller concluded, and essentially declared, in his report: “I can’t indict him, so it would be unfair to him (as it would be to any target) for me to publicly announce that his (obstruction) conduct is criminally indictable.” Mueller basically said that he knew he shouldn’t indict and therefore…
Anastasia Danias Schmidt ’98 will be leaving her post as the NFL’s former deputy general counsel to join Major League Soccer as its executive vice president and general counsel, according to an article posted on Law360. Anastasia Danias Schmidt spent nearly 20 years at the NFL, and in her most recent role as deputy general counsel she oversaw everything from mass tort, labor and employment issues to insurance, antitrust and intellectual property disputes. At MLS, the governing organization of soccer in North America, Schmidt will report directly to President and Deputy Commissioner Mark Abbott, and will begin on May 13,…
Professor Donna Redel is featured in a Forbes article that introduces her and the other women who will be speaking at the upcoming Digital Asset Summit’s Blockchain Week. She was the chairman at COMEX, CTO for Prudential Securities, and Managing Director and Board member at the World Economic Forum. Donna has been intrinsic in training and educating future leaders, and is currently a professor at Fordham Law, teaching courses on blockchain and cryptocurrencies. Speaking at Ethereal Summit she said: “Several industries stand to benefit dramatically from blockchain technology. Ensuring that our youth, particularly our young women, understand the historical context of…
Fordham Law professor and retired Navy captain and military lawyer, Lawrence Brennan, was quoted in a New York Times exposé detailing the ongoing investigation into the alleged war crimes committed by Navy Special Operations Chief, Edward Gallagher. Members of the platoon hoped the chief would be reprimanded when they returned home from Iraq in August 2017, according to the report. It didn’t happen. The report said they spoke repeatedly to the lieutenant’s superior, Commander Breisch, and to Chief Alazzawi and another Team 7 master chief, but were told to “decompress” and “let it go.” … Each member of the SEAL…
In George Conway’s latest op-ed in the Washington Post about what actions should be taken by Congress after the release of the Mueller Report, he references a research paper co-written by three Fordham Professors. The paper titled, Faithful Execution and Article II was written by professors Andrew Kent, Ethan J. Leib, and Jed Handelsman Shugerman and included in Harvard Law Review. That’s especially damning because the ultimate issue shouldn’t be — and isn’t — whether the president committed a criminal act. As I wrote not long ago, Americans should expect far more than merely that their president not be provably a criminal.…
Professor Jed Shugerman was featured on the Slate podcast Amicus with Dahlia Lithwick on April 18 along with former Department of Justice spokesman Matt Miller to share their thoughts on the findings of the Mueller report. It seems like there is a huge question here about obstruction and also about Barr’s credibility. The other thing I’d say here is that now that we have this redacted version, I think Barr is exposed for how he has characterized this investigation. Listen to full episode.
Professor John Pfaff’s work is mentioned in Paul Butler’s Washington Post review of Emily Bazelon’s new book, “Charged: The New Movement to Transform American Prosecution and End Mass Incarceration.” Bazelon’s thesis is that prosecutors bear most of the guilt for dragging the country into the morass of mass incarceration, and they are the ones who can help bring us out. She cites the scholarship of Fordham law professor John Pfaff to demonstrate how in the 1990s prosecutors began to charge many more people with serious felonies, dramatically increasing the number of incarcerated Americans, even after crime rates started to fall.…