Atlantic Legal Foundation

Atlantic Legal Foundation
Founded 1977
Location New York City, New York
Area served United States
Focus Constitutional Issues, Corporate Governance, School Choice, Sound Science
Method Donations
Website [1]

Established in 1977, Atlantic Legal Foundation is a nonprofit, nonpartisan public interest law firm with a history of advocating for individual liberty, limited and efficient government, free enterprise, sound science in the courtroom and school choice. [2] Atlantic Legal provides legal representation, without fee, to individuals, corporations, trade associations, parents, scientists and educators.[3]

The Foundation’s leadership includes current and retired chief legal officers of some of the nation’s largest corporations, partners of major law firms and distinguished scientists and educators.

Contents

Programs

Constitutional issues

Atlantic Legal has participated in cases involving the capricious exercise of governmental power, especially in cases relating to the infringement of freedoms granted by the Bill of Rights in the United States Constitution.[1] In Schain v. Schmidt, (10-1191), Atlantic Legal came to the defense of Students at Brooklyn College, who are challenging the legality and adequacy of the mandatory $5 a semester student fee charged by City University of New York (CUNY) in support of the New York Public Interest Research Group.[2] On September 23, 2010 the Court of Appeals, Second Circuit upheld the dismissal of the case by the District Court, stating the “neither a facial nor an as-applied challenge to these regulations was presented in a manner sufficient to survive summary judgment”.[3] However, on January 24, 2011 Atlantic Legal filed an amicus brief on behalf of the Plaintiffs, claiming the refund mechanism was faulty thereby allowing NY-PIRG to receive a give in the form of interest free short term loans.[4] The Atlantic Legal foundation has also challenged court rulings in similar cases, including Scheffer v. Civil Sercive Employees, Local 828 (10-719) [5] and United States v. Joseph Collins (10-1048).[6]

Corporate Governance

The Corporate Governance Program was established to advocate against intrusive regulation of business and advocates for responsible corporate governance. They have challenged class action lawsuits against corporations where abuse of procedure may have occurred. This ideal is based off the belief that “corporate accountability is best secured by the personal choices of customers and investors”.[7] Such cases include Ruben v. Honeywell International Inc (BC396559),[8] and Wal-Mart Stores, Inc. v. Betty Dukes, ET AL. (10-277)[9][10]., where Atlantic Legal has filed briefs on behalf of Honeywell and Wal-Mart to ensure the courts use proper procedure, including due process rights, while hearing the cases.

Position Papers

Atlantic Legal regularly publishes papers considering legal issues of public concern: for example, inadequate judicial compensation and its impact on the New York economy, the need for a restructuring of New York’s court system and correcting weaknesses in law school curricula. [4]

School Choice

Atlantic Legal’s work in this area is focused on supporting charter schools. A major part of this effort is publishing a series of state law guides to educate charter school leaders in combating organizing campaigns of labor unions. The Foundation has evaluated and proposed reforms in New York’s burdensome charter renewal procedures and has counseled many charter schools when they have been challenged by those reluctant to change the status quo.[11][12]

Sound Science

The public interest law firm Atlantic Legal’s Sound Science program advocates for the admissibility of sound medical and expert testimony in toxic tort, product liability and other litigation. Atlantic Legal fights the admissibility of “junk” science. ALF has an advisory board of 18 members, including 6 Nobel Laureates such as James Watson and Nicolaas Bloembergen.[13] In a leading case on this subject, Daubert v. Merrell Dow Pharmaceuticals, in the Supreme Court of the United States of America, the majority opinion cited the Foundation’s friend of the court brief in its decision that set the evidentiary standard for expert scientific testimony in federal courts.[14][15] Other important supreme court cases where AFL’s Amicus brief affected the outcome include Joiner v. General Electric and Kumho Tire Co. v. Carmichael; in all three cases the “AFL convinced the high court that the judiciary should use high standards in determining which scientific evidence is admissible, succeeding in having plaintiff’s scientific experts deemed unsuitable”.[16][17]

Funding

The Atlantic Legal Foundation is a non-profit 501 (c)3 foundation that relies on grants from corporations, private foundations, law firms and personal donations. Their annual operating budget is around $500,000.[18] The Sarah Scaife Foundation, Catle Rock Foundation, John M. Olin Foundation and the Phillip M. McKenna Foundation have been active contributors to the firm for over a decade.[19]

References

  1. ^ http://www.atlanticlegal.org/
  2. ^ http://federal-circuits.vlex.com/vid/schain-v-schmidt-220876678
  3. ^ http://federal-circuits.vlex.com/vid/schain-v-schmidt-220876678
  4. ^ http://www.atlanticlegal.org/pdfs/Schain%20amicus%20brief.pdf
  5. ^ http://www.atlanticlegal.org/pdfs/Scheffer%20Amicus%20BRIEF.PDF
  6. ^ http://www.atlanticlegal.org/pdfs/Collins%20ALF%20Amicus%20Brief.pdf
  7. ^ http://www.atlanticlegal.org/program.php?catid=4
  8. ^ http://atlanticlegal.org/pdfs/Ruben%20v.%20Honeywell%20-%20FINAL.pdf
  9. ^ http://www.supremecourt.gov/opinions/10pdf/10-277.pdf
  10. ^ http://www.atlanticlegal.org/case.php?cid=1110
  11. ^ http://www.atlanticlegal.org/pdfs/New%20York%20PERB%20Brief.pdf
  12. ^ http://www.atlanticlegal.org/pdfs/Brief%20of%20Amici%20Curiae%20In%20Support%20of%20Appellees%20-%20Albin%20Final.pdf
  13. ^ http://www.corporatepolicy.org/issues/Atlantic.htm
  14. ^ http://scholar.google.com/scholar_case?case=827109112258472814&hl=en&as_sdt=2&as_vis=1&oi=scholarr
  15. ^ http://www.corporatepolicy.org/issues/Atlantic.htm
  16. ^ http://www.corporatepolicy.org/issues/Atlantic.htm
  17. ^ http://www.metrocorpcounsel.com/current.php?artType=view&EntryNo=5014
  18. ^ Guidestar.com "Error: no |title= specified when using {{Cite web}}". http://www2.guidestar.org/organizations/23-2022920/atlantic-legal-foundation.aspx#top. 
  19. ^ Guidestar.com "Error: no |title= specified when using {{Cite web}}". http://www2.guidestar.org/organizations/23-2022920/atlantic-legal-foundation.aspx#top.