The Milbank Tweed Forum 2015-2016

Spring 2016

Feb. 3

Power Shift: Energy and Environmental Policy for a Changing Global Climate

Following the UN Climate Change conference in Paris, an expert at the Council on Foreign Relations said, “The world finally has a framework for cooperating on climate change that’s suited to the task.”* What remains in question is the follow-through of 195 nations. The United States has adopted the Clean Power Plan, which is now being challenged in the courts. The NYU Law Magazine, for its annual roundtable, has convened Law School alumni and faculty who are experts in regulatory policy, environmental law, global climate change, and energy—from the perspectives of law, policy, economics, and industry—to explore the future of US energy and environmental policy.

* "Nations Approve Landmark Climate Accord in Paris,” New York Times, December 12, 2015 

C. Boyden Gray, Founding Partner, Boyden Gray & Associates; former US Ambassador to the European Union; former US Special Envoy to Europe for Eurasian Energy; Adjunct Professor of Law 
Nat Keohane, Vice President of Global Climate, Environmental Defense Fund; former Special Assistant to the President for Energy and Environment, National Economic Council and Domestic Policy Council; Adjunct Professor of Law
Karl Kindig '75, Attorney at Law; former President and Chief Executive Officer, Pittston Coal
Richard Revesz, Lawrence King Professor of Law; Dean Emeritus; Director, Institute for Policy Integrity; Author (with Jack Lienke '11), Struggling for Air: Power Plants and the "War on Coal"
Bryce Rudyk LLM '08, Senior Legal Advisor, Mission of Maldives to the United Nations; Climate Program Director, Frank J. Guarini Center on Environmental, Energy, and Land Use Law; Adjunct Professor of Law
Amelia Salzman '85, Principal, Lazer's Bight; former Associate Director for Policy Outreach, White House Council on Environmental Quality; Adjunct Professor of Law

To watch the video, please click here

Feb. 17

The Evolution, Impact, and Future of Historic Preservation in New York City 

Throughout its 50 years, the New York City Landmarks Preservation Commission has designated around 30,000 properties throughout the five boroughs for historic preservation. On these properties, buildings cannot be demolished for redevelopment or significantly altered without review and approval by the Landmarks Preservation Commission. Critics argue that the designation of thousands of properties inhibits New York City’s ability to grow and has harmfully suppressed new housing development—thereby contributing the city’s very high cost of housing. Advocates contend that protecting these properties is essential for preserving the architectural and cultural heritage that makes the city so desirable. Come hear a distinguished panel of experts and practitioners discuss the evolution, impact, and future of historic preservation in New York City. We will discuss the origins of NYC Landmarks Law, how the NYC Zoning Resolution has been amended to support historic preservation, the legal constraints of preservation, and the broader costs and benefits of preservation.

Simeon Bankoff, Executive Director of the Historic Districts Council
Claudette Brady, Founder of the Bedford Stuyvesant Society for Historic Preservation
Valerie Campbell, Special Counsel, Kramer Levin and former General Counsel to the NYC Landmarks Preservation Commission
David Karnovsky, Partner, Fried Frank and former General Counsel at the NYC Department of City Planning

Roderick M. Hills Jr., William T. Comfort, III Professor of Law 

To watch the video, please click here

Feb. 24

Love, Law, and...Clerkships with David Lat and Judge Alison Nathan

At this Forum, we are pleased to welcome David Lat, managing editor of Above the Law, and the Honorable Alison Nathan of the U.S. District Court for the Southern District of New York. The conversation will be about careers in the law, clerkships, ambition, and even love - all subjects of Lat's first (and engaging) novel, Supreme Ambitions. (You do not need to have read the book to join the fun - we will raffle off 10 to a random selection of NYU Law students from the Forum RSVP list, and David will happily sign those or any other copies you bring). Prof. Barry Friedman will moderate. Come listen in, and bring questions of your own. Some relevant highlights from the panelists' bios are below.

David Lat - Before founding Above the Law, Lat clerked for the Honorable Diarmuid F. O'Scannlain of the U.S. Court of Appeals for the Ninth Circuit, worked as an associate at Wachtell, Lipton, Rosen & Katz, and as an assistant United States Attorney in New Jersey.

Alison Nathan - Judge Nathan has sat as a district court judge on the Southern District of New York since 2012. Earlier in her career she served as a law clerk to the Honorable Betty Binns Fletcher of the U.S. Court of Appeals for the Ninth Circuit and Associate Justice John Paul Stevens of the U.S. Supreme Court. She subsequently was an associate at Wilmer Cutler Pickering Hale and Dorr, and served as associate White House counsel to President Barack Obama and as special counsel to the Solicitor General of New York. She has taught at Fordham Law School and NYU School of Law.

Barry Friedman - Currently the Jacob D. Fuchsberg Professor of Law, Friedman clerked for the Honorable Phyllis A. Kravitch of the United States Court of Appeals for the Eleventh Circuit and was a litigation associate at Davis, Polk & Wardwell in Washington D.C. He is currently the director of NYU School of Law's new Policing Project.

To watch the video, please click here

Mar. 2

Right to Say: Freedom, Respect, and Campus Speech

On campuses across the country, on topics ranging from rape law  to Halloween costumes and decor, much has been expressed about expression. What is said, how it is said, and to whom, are all at issue. The debate encompasses imagery, text, and spoken words (broadly "speech"), both in and out of the classroom. And it extends to the overall atmosphere at an institution: Is it respectful and safe? Is it suppressive and overprotective? At this Forum, panelists who have thought about and had personal experience with these issues will offer their perspectives.

Jonathan Haidt, Thomas Cooley Professor of Ethical Leadership, NYU Stern
Viviana Bonilla López '17, Root-Tilden-Kern Public Interest Scholar, NYU Law
Jeannie Suk, Professor of Law, Harvard Law School
Jeremy Waldron, University Professor, NYU School of Law

Anthony Appiah, Professor of Philosophy and Law, NYU School of Law

To watch the video, please click here

Mar. 9

How Should Campuses Handle Sexual Assault?

In 2011, the U.S. Department of Education issued a letter to higher education officials that explained the government’s interpretation of Title IX, the anti sex-discrimination act. The letter underscored each covered school’s obligations in handling and preventing campus sexual harassment and violence, with particular focus on administrative procedures and reporting requirements. Since then, a grassroots movement of activists has emerged, which aims to both support victims of campus sexual assault and effectuate social change. There is widespread debate about the wisdom of current practices and policies, including the best methods to prevent sexual violence and manage accusations that arise, and even how to track the incidence of campus attacks. Come hear a panel of experts discuss the merits of various approaches, and bring questions of your own.

Suzanne Goldberg, Executive Vice President for University Life, Columbia University; Associate Reporter, American Law Institute’s Project on Sexual and Gender-Based Misconduct on Campus
Samantha Harris, Director of Speech Code Research, Foundation for Individual Rights in Education
 Colleen Phillips, Trial Attorney, Civil Rights Division (Education Section), U.S. Department of Justice
Jane Stapleton, Co-Director, Prevention Innovations Research Center, University of New Hampshire  

Erin Murphy, Professor, NYU School of Law; Associate Reporter, American Law Institute’s Revision of the Model Penal Code Sexual Assault Chapter

To watch the video, please click here

Apr. 6

Fixing Policing

Policing agencies play a vital role in ensuring a safe and secure society. But questions about law enforcement misconduct and accountability have become a central concern in recent years, following a string of high-profile police shootings and debate over such things as stop-and-frisk, profiling, and surveillance. How can we assure the effectiveness of policing, but also minimize its risks? What aspects of policing need fixing, what do those fixes look like, and what is the likelihood of achieving change? This program brings together leading change agents from Black Lives Matter and Right on Crime, as well as a prominent journalist who has covered the issues, moderated by the director of NYU Law's own Policing Project. As always, we'll allow plenty time for audience questions.
Marc Levin, Director, Center for Effective Justice, Texas Public Policy Foundation; Policy Director, Right on Crime
Wesley Lowery, National Reporter, Washington Post
Brittany Packnett, Activist, Black Lives Matter; Member, Ferguson Commission and President's Task Force on 21st Century Policing; Founder, Campaign Zero  
Barry Friedman, Jacob D. Fuchsberg Professor of Law; Affiliated Professor of Politics;Director, Policing Project, NYU School of Law
To watch the video, please click here

Apr. 13

The Price of Freedom: Bail Reform in the Era of Mass Incarceration

The 2015 suicide of 22-year-old Kalief Browder, who at the age of 16 was held at Rikers Island for three years because he could not pay bail, has brought national attention to the human cost of prolonged pretrial detention. Today over 60 percent of people in jail are being held pretrial, and many remain in custody because they cannot afford to make bail payments. As a result, communities throughout New York and across the country have called for meaningful bail reform and broader changes to the systems of mass incarceration. The need for bail reform has also gained renewed attention in the immigration context. Last October the Second Circuit held that the federal government must provide immigrants with a bond hearing within six months of detention, in a case litigated by NYU Law students on behalf of Alex Lora, a New York father and longtime lawful permanent resident. Despite this growing consensus regarding the need for structural reform of the criminal and immigration systems, experts disagree on the best ways to ensure that individuals are not denied their liberty simply because they are poor. The NYU Law Latino Rights Scholars Program invites you to explore innovative approaches to bail reform in the era of mass incarceration. 

Molly Cohen, Associate Counsel, NYC Mayor’s Office of Criminal Justice
Khalil Cumberbatch, Manager of Trainings, JustLeadershipUSA
Robyn Mar, Deputy Managing Director, Criminal Defense Practice, Bronx Defenders
Carmen Perez, Executive Director, The Gathering for Justice

Alina Das, Associate Professor of Clinical Law, New York University 
To watch the video, please click here

Fall 2015

Sept. 16

Red Card for FIFA: Inside the Case Against Global Soccer

This Forum, co-hosted by the Law School’s Program on Corporate Compliance and Enforcement, will explore the federal investigation that led to the indictment of nine world soccer officials in an alleged $150 million bribery scheme. Join us for a discussion of how the investigation came about, what the racketeering, wire fraud, and money laundering charges mean for the individual defendants and FIFA, and why the US was able to—and chose to—exercise jurisdiction. Panelists include former prosecutors (two now defense lawyers) and one of the world’s leading soccer journalists.

Marc Agnifilo, Senior Trial Counsel, Brafman & Associates

Antonia Apps,Partner, Milbank, Tweed, Hadley & McCloy
Marshall MillerSenior Fellow, Program on Corporate Compliance and Enforcement, NYU School of Law
Grant Wahl, Senior Writer, Sports Illustrated

Serina Vash (moderator), Executive Director, Program on Corporate Compliance and Enforcement 

Click here to watch the video. 

Sept. 30

Supreme Court (P)review

As the Supreme Court gets ready to begin its new term, it already has a number of major cases on its docket. Up for consideration are matters involving affirmative action, capital sentencing, collective-bargaining rights for public employees, and life-without-parole sentences for juveniles. Potentially on tap are cases that will call on the justices to address solitary confinement, abortion rights, and additional religious exemptions from the Affordable Care Act’s contraceptive-coverage standards. Our panel of experts will also look back at some of the major rulings from the Court's most recent term. Come hear the discussion, and bring questions of your own.

Theane Evangelis '03, Partner, Gibson Dunn
Burt Neuborne, Norman Dorsen Professor of Civil Liberties; Founding Legal Director, Brennan Center for Justice, NYU School of Law
Neomi Rao, Associate Professor of Law, George Mason University School of Law
Jess Bravin, Supreme Court Correspondent, The Wall Street Journal

Click here to watch the video. 

Oct. 7

A Conversation with US Attorney Preet Bharara

After seven years as litigation associate, Preet Bharara joined the office of the U.S. Attorney for the Southern District of New York in 2000. Following a stint as counsel to the Senate Judiciary Committee, he became US Attorney for SDNY in 2009. He currently supervises more than 220 prosecutors, who handle cases that include domestic and international terrorism, narcotics and arms trafficking, white-collar crime, public corruption, gang violence, organized crime, and civil rights violations. A highly visible official, Bharara has drawn criticism for public comments he has made about cases. Join Dean Trevor Morrison as he engages Bharara in a discussion about criminal justice and his career. As always, there will be time for questions from the audience.

Click here to watch the video. 

Oct. 21

Boundaries of the Law: Perspectives on the Refugee Crisis

The refugee crisis in Europe has been in the headlines for much of this year. In a 24-hour period last spring, the Italian Coast Guard coordinated the rescue at sea of 4,200 migrants fleeing places like Eritrea, Mali, and Nigeria. In September, Syrians began surging into Eastern Europe and beyond. And, of course, it’s not just a European crisis—Lebanon, Jordan and Turkey are collectively sheltering more than 4.1 million Syrians. In the US, meantime, an influx last year of more than 50,000 children seeking refugee status led to calls for a border crackdown and helped polarize debate over immigration in the 2016 presidential campaign. What deficiencies exist in the laws and institutions in place to address these cross-border tides of humanity, and what are some suggested remedies? How does the situation in the US compare with that in Europe and the Middle East? Come hear an expert panel discuss these and other issues, and bring questions of your own.

Adam Cox, Robert A. Kindler Professor of Law, NYU School of Law
Piet Eeckhout, Professor of EU Law, University College London; Senior Emile Noël Fellow, NYU School of Law, 2015-16
Turkuler Isiksel, Assistant Professor of Political Science, Columbia University; Emile Noël Fellow, NYU School of Law, 2015-16
Mattias Kumm, Inge Rennert Professor of Law, NYU School of Law

Click here to watch the video. 

Nov. 4

Book Talk
Anne-Marie Slaughter on Unfinished Business: Women Men Work Family

When Anne-Marie Slaughter left Princeton University to take a senior position in U.S. State Department in 2009, she was confident she could juggle the demands of her position in Washington with the responsibilities of family life in New Jersey. But after two years, she found the juggle too challenging, and returned to an academic career that would let her devote more time to parenting. The reactions to her choice led her to question the feminist narrative she grew up with, and her subsequent article for The Atlantic, “Why Women Still Can’t Have It All,” created a firestorm, sparked national debate, and became one of the most-read pieces in the magazine’s history. Now president and CEO of New America, she has just published an expanded look at the topic, Unfinished Business: Women Men Work Family. Come hear Anne-Marie Slaughter speak about her book and then engage in a discussion with Ajani Husbands ’17 and Jessica Moldovan ’17.

Click here to watch the video.