Faculty in the News

Ohio State law professors are sought out for their expertise by a number of news media outlets and blogs with large audiences. Topics range from the death penalty to voter ID laws to artificial insemination – and our faculty members’ quotes and analysis can be found everywhere from small-town and national newspapers to radio broadcasts to cable news programs. The following is a selection of media coverage for Moritz College of Law faculty.

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Recent Media Coverage

The trial of Ray Tensing: Everything you need to know

October 25, 2016

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in The Enquirer about former University of Cincinnati police officer Ray Tensing’s upcoming murder trial in the shooting death of Sam DuBose. Tensing was indicted on charges of murder and voluntary manslaughter, but is seeking to prove that he acted in self-defense.

"Except in situations where someone is inside their home, Ohio law doesn't allow for lethal use of force, unless it's necessary," Simmons said. "If you can avoid it in any way, you have to avoid the taking of a life."

Trump accepting the US election result has little practical consequence

October 25, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in Deutsche Welle about Donald Trump’s assertions that he will not accept the results of the U.S. presidential election if he is defeated.

"It was improper to say what he said and the way that he said it, given the role of a candidate in a democracy for the office that he is seeking,” Foley said. "Most states have what they call automatic or mandatory recounts that get triggered by close margins. I do think the words that he has used suggest some lack of knowledge of the mechanics of the process and how the system works.”

Executions fall along with support for the death penalty; is capital punishment nearing an end?

October 24, 2016

Featured Expert: Douglas A. Berman

A post written by Professor Doug Berman on his Sentencing Law and Policy blog was quoted on the American Bar Association’s website, ABAJournal.com.

The demise of the death penalty nationwide “is largely a product of effective litigation by abolitionists and the work of courts, not really a reflection of a sea-change in public opinion or radical changes in the work of most legislatures and prosecutors in key regions of the United States,” Berman writes.

More troubling than Trump on issue of accepting election results: Americans' feelings on the subject

October 24, 2016

Featured Expert: Edward B. Foley

An excerpt from Professor Edward Foley’s recent article for POLITICO, “What Happens if Trump Keeps Us in Suspense on Election Night” was quoted in MinnPost.

“There’s no question that Trump’s self-centered phrasing— ‘I’ll keep you in suspense’ —is thoroughly inappropriate in a democracy, where the voters are sovereign and candidates are supposed to serve the electorate’s interest,” Foley writes. “And his allegations that the electoral system is pervasively rigged are both entirely divorced from reality and egregiously irresponsible. But would a Trump holdout on election night necessarily be the historical aberration critics are describing? Not exactly.”

The GOP Really Doesn't Want To Hear About Trump And His "Rigged" Election

October 23, 2016

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in WVXU about the damages caused by Donald Trump’s election rigging rhetoric, namely the public’s diminished confidence in a fair voting system.

"There already is this loss of faith,'' Tokaji said. "But Trump, with his claim of a rigged election, has taken it to entirely different level. It's irresponsible."

A post-Thanksgiving presidential concession speech?

October 21, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in McClatchy DC in an article about how long it could take Donald Trump to concede the election, if he loses.

“There’s never a winner or loser on election night, it’s only as a matter of law at the time of certification,” Foley said.

What Happens if Trump Keeps Us ‘in Suspense’ on Election Night?

October 21, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley’s latest article for POLITCO explores the ramifications of Donald Trump’s claims that he could refuse to accept the results on election night.

“It might be a colossal act of vanity for Trump to skip the now routinely accepted concession speech on Election Night, but that wouldn’t itself be reason enough to believe that our democracy is in crisis,” Foley writes. “The trouble would come if Trump really digs in. If he alone claims fraud while everyone else disagrees, then his solitary rants are more pathetic than dangerous. But if the Republican Party as a whole joins Trump in asserting that the results of the election were tainted (unlikely as it seems), that would be an entirely—and far more serious—matter.”

The Election Isn't 'Rigged,' but It's Going to Be Messy as Hell

October 21, 2016

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in VICE about the controversial role that secretaries of state play during election season.

"It's certainly not a best practice," Tokaji said. "If you look at other democracies, they think the way we run elections is crazy, with a partisan secretary of state. There's an inherent conflict of interest between a responsibility to run elections fairly and their partisan interest in helping the party that helped her get elected to office."

Election-rigging rhetoric hints at Trump's post-election plans

October 21, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Globe and Mail about the election of 1876, one of the last (and most) hostile presidential transitions in history.

“In the U.S., we definitely don’t have perfect institutions and we don’t have perfect virtue among politicians. We have been fortunate for a century or so to have an adequate supply of both,” Foley said. “I would like to think that no one individual can destroy the system as a whole.”

Law Professor Recounts U.S. Disputed Elections

October 20, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Harvard Crimson following his presentation at the Kennedy School’s Ash Center for Democratic Governance and Innovation. Foley discussed his book, “Ballot Battles: The History of Disputed Elections in the United States.”

“If we take the full sweep of history, we can see that there is general forward progress with elections,” Foley said. “As a society, we are so much better in the 21st century than we were in the 19th.”