Harvey Goldschmid was a Renaissance Man—extraordinary teacher, far-sighted public servant, skillful negotiator, and corporate statesman. But sometimes, less attention is given to his career as a legal scholar. Here too, however, his work has had impact and will last. Let me focus briefly on two examples. At the request of his Columbia colleague […]
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Many accounts of Gideon v. Wainwright’s legacy focus on what Gideon did not do—its doctrinal and practical limits. For constitutional theorists, Gideon imposed a preexisting national consensus upon a few “outlier” states, and therefore did not represent a dramatic doctrinal shift. For criminal procedure scholars, advocates, and journalists, Gideon has failed, in practice, to guarantee meaningful legal...
I miss Harvey. Of course, I had heard about him long before coming to the Securities and Exchange Commission (SEC). He was quoted frequently, and his students appeared in many different parts of my life. I encountered them throughout America, both during the days I spent in the cattle business and the brokerage industry […]
The legal community suffered a great loss with the passing of Professor Harvey Goldschmid on February 12, 2015. A renowned legal scholar and policymaker, Professor Goldschmid greatly influenced modern securities law through his time at the Securities and Exchange Commission (SEC), where over the span of his career he served as a Commissioner, General Counsel, […]
American labor law classifies strikes according to both purpose and form. In terms of purpose, a strike over terms and conditions of employment is an economic strike while one over an employer’s violations of federal labor law is an unfair labor practice strike. With respect to form, the subcategories are less clear, but the National Labor Relations Board (NLRB or Board) and the courts have distinguished...
While peremptory challenges upon the basis of race, ethnicity, and gender have been held unconstitutional, and peremptory strikes upon the basis of sexual orientation have been regarded as increasingly suspect after United States v. Windsor, attorneys remain free to use peremptory challenges to remove potential jurors from the venire upon the basis of their gender identity or expression. The current state of affairs renders transgender...
The property–information interface is perhaps the most crucial and undertheorized dimension of property law. Information about property can make or break property rights. Information about assets and property rights can dramatically enhance the value of ownership. Conversely, a dearth of information can significantly reduce the benefits associated with ownership. It is surprising, therefore, that contemporary property theorists do not engage...
Much attention has recently been given to the current Securities and Exchange Commission reporting requirements for Schedule 13D, the beneficial ownership form many investors must file to report their equity holdings. However, relatively less focus has been given to the Schedule 13G, the short-form filing option, which requires less information and tends to attract less attention. The choice between the 13G or the 13D filing can come down...
Until the Supreme Court put an end to it in Shelby County v. Holder, section 5 of the Voting Rights Act was widely regarded as an effective, low-cost tool for blocking potentially discriminatory changes to election laws and administrative practices. The provision the Supreme Court left standing, section 2, is generally seen as expensive, cumbersome, and almost wholly ineffective at blocking changes before they take effect. This Article...