Justice for Boston

John Yoo interviewed by The Wall Street Journal Opinion, April 9, 2015

“You can’t tell right in the middle of the attack whether it is just a small-time person, a lone-wolf person, or someone who’s part of a bigger Al-Qaeda conspiracy, a bigger terrorist group. I worry that, under the Obama administration, our first instinct and option is to think that of it as law enforcement and civilian rather than keeping all our options open.”

Detained female activists illustrate contradiction in Chinese law reforms

Stanley Lubman writes for The Wall Street Journal, April 9, 2015

A month ago, Chinese authorities detained at least 10female activists who were planning to mark International Women’s Day with peaceful demonstrations. Such a contradiction – between harsh, extralegal treatment of political dissent and a vigorous effort to improve the credibility of the courts –increasingly has come to define China’s legal climate under the leadership of President Xi Jinping.

New guide helps authors get book rights back from publishers

Pamela Samuelson quoted in Imperial Valley News, April 5, 2015

“Most often those books are commercially available for the first few years after they’re published, but then linger on publisher backlists,” Samuelson said. “In later years, when neither the publisher nor the author is making money from the books, the work is no longer promoted, and the public can’t access them. Getting rights back from the publisher is not only feasible, but also necessary to bring the work to a new audience.”

9th Circuit overturns death penalty

Elisabeth Semel quoted in Daily Journal (registration required), April 1, 2015

“Our clients are forced to deal with the public shame and enormous repercussions of their actions during the litigation of their case,” said Elisabeth Semel … “But it’s the norm. These are the narratives that have to be told for juries and courts to understand how the lives of our clients were derailed.”

A three-pronged front to limit shareholder litigation

Steven Davidoff Solomon writes for The New York Times, April 2, 2015

The war is being fought over recent amendments proposed to corporate law in Delaware, where most United States public companies are incorporated. These amendments would do three things: weaken appraisal rights, designate Delaware as the sole forum for litigation and ban so-called fee-shifting to the losing parties in cases.

America has a jury selection problem—and it’s killing black people

Elisabeth Semel quoted in Takepart, April 1, 2015

“White people are always thinking about getting out of [jury duty] as opposed to being excluded from it,” Semel said. “That’s a luxury. There’s a focus on the killing of African American young men by police officers, but there’s another kind of violence here, in stripping away the civil rights of people when they’re eliminated from juries based on race.”

Reading the fine print in the Heinz-Kraft deal

Steven Davidoff Solomon writes for The New York Times, March 26, 2015

Kraft shareholders will receive one share of Heinz stock for each share of Kraft stock. This is par for the course. The unusual part is that Heinz is private and will publicly list its shares in connection with this transaction. This immediately raises valuation issues.

The thorny task of advocating good corporate behavior

Steven Davidoff Solomon writes for The New York Times, March 24, 2015

The pension fund amended its investment policy for global governance to embrace what is called the corporate sustainability movement, the idea that companies should pay greater heed to the long-term future of themselves and society by adhering to social and environmental principles. It represents a huge endorsement of the fledgling movement and at first blush seems like a great idea. … But like many things in the world of shareholders and corporations, it quickly becomes complicated.