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.

To request an interview, media should click here for more information.

Recent Media Coverage

What would it take to find out for sure if Ted Cruz (or others like him) is eligible for the presidency?

February 3, 2016

Featured Expert: Daniel P. Tokaji

Professor Daniel P. Tokaji's research was quoted in a Washington Post article:

The most common route for aggrieved partisans, in this case opponents of Cruz, are the federal courts. But the courts are unlikely to go near the question just because someone brings a lawsuit. If some gadfly, for example, were to sue in federal court to keep Cruz off the ballot, the chances of any judge stepping in to settle the question is close to zero. 

There’s little dispute about that according to, among many others, Ohio State University law professor Daniel P. Tokaji, writing in the Michigan Law Review.


Trump Disputes Iowa Results, a Change of Tone After Second-Place Finish

February 3, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Bloomberg Politics article on the Iowa caucuses:

Edward Foley, an election law professor at Ohio State University, said Trump hasn't shown any evidence that the Cruz campaign's statement about Carson affected a single vote, let alone how the candidates ranked.

“It's important to recognize that there may be some hyperbole and bluster here,” Foley said. “As far as I can tell, there's not even a single voter coming forward saying, ‘I would have voted for Carson instead of Cruz if I'd known Carson was in the race.’”

Even if Trump could demonstrate that the Cruz campaign's comments affected the outcome of the caucus, he'd still have to prove that Cruz had intentionally engaged in wrongdoing, according to the professor.

“It's very hard to void an election and get a new election. You'd have to prove wrongdoing that had a consequence of effecting the result,” Foley said, noting Cruz had apologized for his staff not following up with caucus-goers on the Carson reports. “That doesn't sound like it adds up to proving wrongdoing,” Foley said.


Justices to Continue Shaping Eighth Amendment Case Law for Juveniles

January 28, 2016

Featured Expert: Douglas A. Berman

Professor Douglas E. Berman was quoted in a Bloomberg BNA story on the Eighth Amendment:

Douglas E. Berman, a law professor at the Ohio State University Moritz College of Law and author of the Sentencing Law and Policy Blog, gave Bloomberg BNA a similar assessment of the opinion.

He said the most important aspect of the decision is the court's explicit reiteration of the point it made in both Graham and Miller that children should not be sentenced in the same way as adults.

“Kids are different and by virtue of that difference, they must be sentenced differently,” he said.


U.S. Attorney Steven Dettelbach's successor unlikely to be appointed this year, expert says

January 26, 2016

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a Cleveland.com article about outgoing U.S. Attorney Steven Dettelbach:

Peter Shane, an Ohio State University law professor who has done research on presidential powers and appointments, said President Barack Obama, a Democrat, and the Republican-controlled U.S. Senate may come to a stalemate, as they have with other nominations.

"Right now, the numbers suggest the Republicans are pretty determined not to confirm anybody," Shane said. "I think that's true even for positions that would ordinarily not be considered very controversial."
 


Arguments Over North Carolina Voter ID Law Begin in Federal Court

January 25, 2016

Featured Expert: Edward B. Foley

Professor Edward B. Foley was quoted in a New York Times article about North Carolina's voter ID law:

“The North Carolina litigation is the leading litigation in the post-Shelby world,” said Edward B. Foley, an elections law expert at Ohio State University, referring to the Supreme Court’s decision in Shelby County, Alabama, v. Holder. “It’s the test case, the battleground case more than any other.”


Winning the Close Ones

January 23, 2016

Featured Expert: Edward B. Foley

Professor Edward B. Foley's book, Ballot Battles: The History of Disputed Elections in the United States (Oxford Press, 2016), was reviewed in the American Thinker.

Reviewer Richard Baehr wrote:

"There are many more stories in this book that provide colorful histories of individual ballot disputes through the nation’s two plus centuries. As Foley notes, there is no reason to think that the next big battle, whether for the White House or some other office, will be easily resolved. There is too much at stake, and the author believes the country has entered a more partisan era, where neither side may be so willing to live by the results, if they do not believe the results are accurate tallies."

 


5 ways new medical marijuana initiative changes the game in Ohio: Analysis

January 22, 2016

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted on Cleveland.com, regarding a medical marijuana amendment planned for this November by Marijuana Policy  Project, in Ohio.

Marijuana Policy Project has a history of entering states and becoming "the adult in the room," said Doug Berman, an Ohio State University professor who teaches a course about marijuana law and policy.

"MPP has the opportunity to bring order to a messy grassroots conversation," he said.


Presidential Candidates, Silent on Presidential Power

January 22, 2016

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a New York Times article on presidential power and the 2016 election:

“I don’t think Hillary or Bernie or O’Malley want to say, ‘I promise not to be assertive in the use of executive branch authority,’ when they may have every bit as much trouble as Obama has had in getting Congress to work with them,” said Peter Shane, a constitutional law professor at Ohio State University.


Is The Supreme Court Poised To Redefine Obama’s Executive Power?

January 21, 2016

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a Talking Points Memo article on the Supreme Court and the Obama administration's executive actions on immigration.

"There should be no panic because of the inclusion of the fourth question" said Peter Shane, a professor at The Ohio State University Moritz College of Law, who strongly suspects the idea to add the Take Clause question came from one of the conservative justices.

"I would be shocked if you could get Chief Justice Roberts to say that a statutory complaint amounted to a constitutional violation, and I think that of Justice Kennedy, too. I cannot imagine there being fewer than six votes for the president on that.”


Election Disputes: No Bibles, and Lots of Swearing

January 20, 2016

Featured Expert: Edward B. Foley

Professor Edward "Ned" Foley was quoted in a Jackson Free Press story about election disputes at the state level.

The article states:

"Edward Foley, an Ohio State University professor and author of the recent book 'Ballot Battles: The History of Disputed Elections in the United States,' said election disputes can get a little crazy—particularly at a state level. Foley said when the Legislature is resolving an election contest, the first question you have to ask is, 'Are they resolving the dispute on merit or letting partisan politics take over?'"