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

Symposium: Wechsler, history and gerrymandering

August 11, 2017

Featured Expert: Edward B. Foley

A post written by Professor Edward Foley was published on SCOTUSblog.

“When we look back on the half-century since Sullivan, we see a legacy in which the Supreme Court itself contributed to America’s growth as a people committed to political freedom. Sullivan is entrenched as precedent precisely because it is now indelibly part of our national self-understanding," Foley writes. "For Gill to be successful like Sullivan, it too will need to become woven into our sense of America as a democracy. The way for Gill to accomplish this is to declare: 'Although the original Gerry-mander was never tested in this Court, the attack on its validity has carried the day in the court of history.' If the court says this, then 50 years from now—thanks in large part to Gill itself—we may have matured into the genuinely representative democracy we are still striving to be.”

Sentencing postponed for Menendez co-defendant

August 10, 2017

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in POLITICO about the postponement of health care fraud sentencing for Salomon Melgen, a Florida ophthalmologist and campaign donor, who was convicted in April of billing the federal government more than $100 million in fraudulent medical insurance payments. Although Melgen faces a sentence of 30 years or more, Berman said it is more likely that he will face ten to 20 years instead.

“It’s extraordinarily rare, unless a judge genuinely thinks this person is the worst of the worst,” Berman said. “I think there is not only a disinclination to follow the guidelines when they run in this aggravated way, but a disinclination to ensure that [defendants] die in prison...That really becomes an interesting actuarial judgment.”

Postpone the 2020 Election? Many GOP Voters Say Yes

August 10, 2017

Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in U.S. News & World Report about research findings showing that 52 percent of Republicans would agree to postpone 2020 elections if President Donald Trump ensured the precaution would be the only way to prevent voter fraud. Such a feat would be impossible, according to Huefner, as states run their own elections and the U.S. Constitution mandates when a president’s term is through, for example.

“There’s no way around that,” Huefner said.

Does Mueller’s grand jury mean an indictment is imminent?

August 10, 2017

Featured Expert: Joshua Dressler

Professor Joshua Dressler was quoted in PolitiFact about special counsel Robert Mueller’s decision to open a grand jury in Washington, D.C., for his investigation into Russian meddling in the 2016 election.

"In special investigations, rather than ordinary criminal cases, it is not uncommon to impanel a special grand jury," Dressler said. "This way, the jurors will become increasingly knowledgeable about the matters at issue, and they can focus on just one matter."

Does Mueller’s grand jury mean an indictment is imminent?

August 10, 2017

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in PolitiFact about special counsel Robert Mueller’s decision to open a grand jury in Washington, D.C., for his investigation into Russian meddling in the 2016 election.

"The prosecutor does not have subpoena power on his or her own," Simmons said. "He or she needs the grand jury to issue subpoenas for documents and to compel testimony."

Symposium: A path through the thicket – the First Amendment right of association

August 10, 2017

Featured Expert: Daniel P. Tokaji

A post written by Professor Dan Tokaji appeared on SCOTUSblog.

“A constitutional standard for partisan gerrymandering is the holy grail of election law,” Tokaji writes. “For decades, scholars and jurists have struggled to find a manageable standard for claims of excessive partisanship in drawing district lines. Most of these efforts have focused on the equal protection clause. But as Justice Anthony Kennedy suggested in Vieth v. Jubelirer, the First Amendment provides a firmer doctrinal basis for challenging partisan gerrymandering. An established line of precedent understands voting as a form of expressive association protected by the First Amendment. These cases offer a nuanced standard that would avoid the undesirable result of rendering any consideration of partisan consequences unconstitutional.”

How important is it that Mueller has formed a grand jury? I asked 20 legal experts.

August 4, 2017

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in Vox about special counsel Robert Mueller’s decision to impanel a grand jury in Washington, D.C., as part of investigations into Russian meddling in the 2016 election.

“While I understand that the media is eager for any signs of progress from the Mueller investigation, I would attach very little significance to the impaneling of a grand jury in this context,” Simmons said. “Indeed, the real news would be if Mueller had not eventually impaneled a grand jury. For complicated cases such as this one, investigative grand juries are routinely used to assist prosecutors.”

Pediatricians are debating whether refusing to vaccinate a child can be construed as 'medical neglect'

August 3, 2017

Featured Expert: Efthimios Parasidis

A study co-authored by Professor Efthimios Parasidis was mentioned in Proto—a publication of Massachusetts General Hospital—in an article about whether refusing to vaccinate a child could be considered medical neglect.

“Doug Opel, a pediatrician and associate professor at the University of Washington School of Medicine, collaborated with attorney Efthimios Parasidis, associate professor of Law and Public Health at the Moritz College of Law at the Ohio State University in Columbus, to consider the legal precedents,” reporter Nicole Wetsman writes. “They found only nine cases in which a parent was brought before a judge on grounds of medical neglect because of vaccine refusal.”

Rules protecting special counsel may not be enough if Trump decides to fire him

August 3, 2017

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in the Los Angeles Times about the role unitary executive theory could play in President Donald Trump's decision to fire the special counsel appointed to investigate Russian meddling in the 2016 election.

Under the theory, the president “is constitutionally entitled to fire anyone in the executive branch,” Shane said. “I think the theory is wrong, but it’s out there and is part of the debate,” he added.

Restricting Race-Conscious Redistricting

July 31, 2017

Featured Expert: Daniel P. Tokaji

An op-ed written by Professor Dan Tokaji appeared in The Regulatory Review

“After a long hiatus, racial gerrymandering is back in the spotlight. The U.S. Supreme Court has issued three major decisions on the subject since 2015. All these cases involved Republican-drawn redistricting plans challenged under the Equal Protection Clause on the ground that they packed racial minorities into districts in a way that was not justified by the interest in complying with the Voting Rights Act (VRA),” Tokaji writes. “The VRA sometimes requires districts from which minorities have the opportunity to elect their representative of choice, but nowadays it is often used as a pretext for drawing districts to advantage the dominant party.”