Moritz Faculty in the News
Ever pick up the Sunday paper and read a quote by one of your former professors? Moritz faculty are highly sought after by the national media for expert opinion and analysis on some of the leading legal questions of the day. Here is a sample of faculty members who have recently been quoted:
Professor Douglas A. Berman was quoted in the San Jose Mercury News (registration required) in a story previewing the Supreme Court's arguments over the use of lethal injections in performing executions. "Avoiding true clarity may be the only way they get a majority opinion," said Berman. "I think there will be a 'clearish' standard for lower courts to apply, but that doesn't make things easy. The devil will still be in the details." Berman has also been featured in The New York Times, Washington Post and on NBC's Nightly News regarding the case.
Berman has also provided substantial commentary on the Michael Vick case and was recently quoted in the Chicago Tribune (registration required) regarding a connection between the sentencing of Michael Vick and two Supreme Court rulings. Vick, a former quarterback for the Atlanta Falcons, pleaded guilty to charges in August that he was bankrolling and operating a dog-fighting ring. The story states: Overall, judges who deviate from the guidelines have proven 10 times more likely to impose lighter punishment than called for in the rules, which are 'pretty darn harsh' and emphasize 'aggravating factors' over mitigating ones, Berman said. 'We've had a significant shift, though not nearly as much as most defendants would want,' he said.
Professor James J. Brudney was quoted in the Washington Post in a story about congressional hearing about changes to the nation's labor laws over the past several years. The story states: "Some academic analysts say the board has become increasingly politicized in recent decades, starting with the anti-union appointments by President Ronald Reagan and continuing under President Bill Clinton, who appointed union lawyers to the board. But the latest decisions have a drawn a firestorm of criticism. 'The act is supposed to protect the right to organize and engage in collective bargaining,' said James J. Brudney, a law professor at Ohio State University. 'But if the agency charged with supervising and enforcing the act is perceived as part of the problem and not the solution, then that's a dangerous development for the future of the agency.'"
Professor Daniel C.K. Chow was quoted in an Associated Press story that was published in the International Herald Tribune and other papers. The story, which was highlighting a Columbus Dispatch investigation, discusses the growing problem of counterfeiting in China. "Ohio State University law professor Daniel C.K. Chow spent two years in China leading anti-counterfeiting efforts for Cincinnati-based Procter & Gamble. Because tens of millions of Chinese depend on fake goods for their livelihood, local officials ignore or even profit from the trade, he said. 'Part of the risk of investing overseas is that some of your technology is going to get stolen,' he said. 'China has unprecedented access to the world's technology, and it's the leading counterfeiter in the world. That's not a coincidence.'"
Professor Joshua Dressler was quoted in a New Orleans Times-Picayune story regarding the FBI investigation into Rep. William Jefferson's actions. "By hiding all of that information and making it seem like a casual conversation, (FBI agents) can claim he wasn't in custody and he can't make any realistic claim about constitutionality," said Joshua Dressler, an Ohio State University legal scholar and author of several volumes on criminal procedure. "They are under no obligation to show him their cards."
Professor Dale Oesterle was quoted in a Reuters story regarding Citigroup's sale of a stake in the company to Abu Dhabi's investment arm. The story details the pitfalls and advantages of government-controlled wealth funds. "These (wealth funds) are arms of the government. They're not independent investors," said Dale Oesterle, a law professor at Ohio State University's Moritz College of Law. "Right now they want money, like all good investors do, which is great. What's worrisome is that at some point these investors could turn into a foreign policy arm of their government."
Professor Peter Shane was quoted in a Boston Globe story regarding the current presidential candidates' views on executive power. "Peter Shane, an Ohio State University law professor who studies executive power, said Romney's answers suggest that the former Massachusetts governor will probably embrace the Bush administration's legal theories on executive power. 'It's fair to say that the Democrats, Senator McCain, and Representative Paul are united in supporting a reinvigoration of checks and balances and the reassertion of a meaningful congressional role in national security affairs,' said Shane."
Professor Peter Swire was quoted in a San Francisco Chronicle story regarding the creation of California's chief of the state Office of Privacy Protection. "Peter Swire, a law professor who created a national privacy office for the Clinton administration and advised (Joanne) McNabb (California's chief privacy officer), said she figured out a good strategy to survive. One challenge when you're creating something new, he said, 'is how to become relevant."
Swire was also quoted in an Associated Press story regarding the Federal Trade Commission telling the online advertising industry that it needs to be more transparent about how consumers' Web-surfing habits are tracked. The story was printed in several newspapers and on several media's web sites, including The New York Times and The Washington Post. "You shouldn't have to be a computer geek to protect your privacy," said Peter Swire, an Ohio State University law professor and senior fellow at the Center for American Progress, a liberal think tank.
Professor Daniel P. Tokaji was quoted in The New York Times and International Herald Tribune in a story previewing the Supreme Court's upcoming arguments regarding voter identification requirements in voting. "The incident is at the heart of the highly anticipated case, which challenges the constitutionality of the Indiana law and, according to Daniel P. Tokaji, associate director of Election Law @ Moritz, is 'the most important case involving the mechanics of election administration in decades.'"