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

Trump's Sloppy, Unconstitutional Order on 'Sanctuary Cities

January 30, 2017

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in The Atlantic in an article about the legality of President Donald Trump’s executive order that threatens to pull federal funds from sanctuary cities should they refuse to cooperate with the federal government to deport undocumented immigrants.

“There is nothing to the idea of state sovereignty if state and city officials are not entitled to direct how their subordinates exercise their lawful discretion to advance state and local interests,” Shane said.

Trump’s Executive Order On Ethics Pulls Word For Word From Obama, Clinton

January 29, 2017

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in NPR about President Donald Trump’s executive order that imposes a five-year lobbying ban on executive branch employees. Despite declaring his distance from the Democratic party, Trump “borrowed heavily” from language in similar executive orders signed by former presidents Bill Clinton and Barack Obama, NPR reports. 

“When a new president’s executive order deals with a subject of operational concern to multiple administrations, it’s not surprising that the president’s lawyers would look to previous iterations as models,” Shane wrote in an email to NPR. “For a Republican president, reiterating the restrictive obligations prior Democratic presidents imposed on their appointees has the double advantage of using provisions vetted by other lawyers and apparently deemed acceptable to the political opposition.”

Trump Calls for Voter Fraud Probe: A Look at Past Inquiries

January 28, 2017

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in Voice of America about President Donald Trump’s plans to launch a “major investigation” into voter fraud. Trump claims he lost the popular vote because as many as 5 million non-U.S. citizens may have voted illegally.

“As I understand the latest allegations, somewhere between 3 to 5 million improper ballots were cast this past November nationwide, which Trump claims accounts for why Hillary Clinton won the popular vote,” Foley said. “Even if there were 3 to 5 million invalid votes nationwide, we can’t jump to the conclusion that the election result was tainted, because we don’t know who they voted for.”

The odds of a non-U.S. citizen successfully casting a ballot are “extremely low, extraordinarily low,” according to Foley. Instances in which invalid ballots are cast or when voters’ names appear on multiple state voter rolls also don’t necessarily indicate voter fraud either, he added.

“Just because a ballot was cast that was invalid, which is a problem, doesn’t necessarily mean there was a conspiracy to commit voter fraud,” Foley said. “Fraud is a pejorative term that implies intentional deception and manipulation, as opposed to there being mistakes in voter registration lists.”


National “Vote by Mail” Could Add Millions of Votes in 2018

January 27, 2017

Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in Yes! Magazine about whether vote by mail systems have a measureable effect on voter turnout.

Vote by mail has led to “some marginal increase in turnout” during local or off-year elections, Huefner said, but ultimately has a relatively low impact during presidential elections.

“In high-profile elections … people who are going to vote are going to vote,” Huefner said.“And they’ll do that whether it’s voting by mail from their kitchen table or going to the polling place on the designated Election Day.”

Do Business Leaders Make Good Presidents?

January 19, 2017

Featured Expert: David Stebenne

An essay by Professor David Stebenne was quoted in a TIME article about whether business leaders are fit for the presidency.

Before Donald Trump, Dwight Eisenhower was one of the most outspoken presidents to embrace Big Business in his administration. Eisenhower, Stebenne writes, “felt government would be well served by successful men, who tend to be rich. If the leaders of successful businesses were excluded from consideration, [Eisenhower] wrote in his diary, the result would be an inability ‘to get anybody to take jobs in Washington except business failures, political hacks and New Deal lawyers.’”

Defend it, don’t defund it: Planned Parenthood does good work

January 18, 2017

Featured Expert: Ruth Colker

An op-ed written by Professor Ruth Colker about Congressional Republican efforts to defund Planned Parenthood was syndicated through the Tribune News Service. She examines the potential ramifications of denying federal funds to the organization. 

“This morally bankrupt strategy imperils a basic lifeline for health care services in many poor communities, because Planned Parenthood has an outstanding track record in providing life-saving health care screenings,” Colker writes. “It also imperils many women’s access to contraception, even though the overwhelming majority of Americans believe contraception should be legal and readily available. Moreover, this strategy is blatantly unconstitutional. Congress cannot constitutionally single out one health care provider as ineligible for any federal reimbursement for its services merely because Congress disapproves of the provider also spending non-federal dollars on abortions.”

Colker’s op-ed, “Defend it, don't defund it: Planned Parenthood does good work,” was ultimately published in more than 25 publications around the country including The Arizona Republic, Detroit Free Press, The Sacramento Bee, The Indianapolis Star, and The Tennessean.

Anti-Trumpers’ Most Futile Effort Yet to Stop Trump from Being Sworn In

January 16, 2017

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in Law Newz about efforts to persuade Chief Justice John Roberts to decline conducting Donald Trump’s Oath of Office on Inauguration Day. Even though the U.S. Constitution requires the President to take an oath of office, the the Chief Justice is not required to administer it. It is unlikely that such attempts will prevent Trump from being sworn in, Foley said.

“I think the main point is that the oath doesn’t need to be administered by the Chief Justice,” he said. “After Kennedy’s assassination, a federal district judge in Texas administered the oath to Johnson.”

National security, media professors analyze November campus attack

January 9, 2017

Featured Expert: Dakota S. Rudesill

Professor Dakota Rudesill was quoted in The Lantern about the November attack on Ohio State’s campus. Although the FBI has not officially declared the attack an act of terrorism, the federal agency reports that it may have been inspired by the Islamic State.

“Certainly, some of the early indications do point in the direction of this being a terrorist attack,” Rudesill said.

YES: Israel has abused the negotiation process

January 8, 2017

Featured Expert: John B. Quigley

A recent column written by Professor John Quigley was syndicated by the Tribune News Service. Quigley describes the Obama Administration’s recent decision not to veto a resolution passed by the United Nations Security Council condemning Israel’s settlement activity in Palestinian territory.

“The United States should sponsor a Security Council resolution to put teeth into the December resolution,” Quigley writes. “The council has the power to adopt diplomatic, financial and military measures against states that pose a threat to the peace. Israel’s occupation of Palestine, not to mention its construction of settlements there, qualify as a threat to the peace.”

Prominent prisoners’ supporters pin pardon hopes on Obama

January 7, 2017

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in the San Francisco Chronicle about the clemency decisions before President Barack Obama as he prepares to leave office in January.

Several notable clemency requests await review from prisoners including Leonard Peltier, an activist with the American Indian Movement who was convicted of murdering two FBI agents in 1975; Chelsea Manning, a former Army private who was convicted by court-martial of disclosing 700,000 classsified documents to WikiLeaks about U.S. conduct in Afghanistan and Iraq; and Ethel Rosenberg, who was executed with her husband for espionage in 1953.

Although Obama has avoided controversial clemency requests, “now that he’s shown a commitment to reduce sentences that he thinks are unjust or excessive, maybe his last few batches will include some high-profile folks,” Berman said.