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.

2004 Media Hits

Groups Debate Use of Digital Information

December 24, 2004

In an Associated Press story about what happens with digital information bits after their owner dies, Professor Peter P. Swire questioned whether transferring ownership of an e-mail account is a good idea.


Voting Problems in Ohio Spur Call for Overhaul

December 24, 2004

Featured Expert: Edward B. Foley

In a New York Times article about voting problems in Ohio, Professor Edward B. (Ned) Foley, said there were more problems than usual in Ohio, but not enough to cast doubt on the results. Professor Daniel Tokaji also said it was unlikely the problems made a difference in the outcome.


Voting Problems in Ohio Spur Call for Overhaul

December 24, 2004

Featured Expert: Daniel P. Tokaji

In a New York Times article about voting problems in Ohio, Professor Edward B. (Ned) Foley, said there were more problems than usual in Ohio, but not enough to cast doubt on the results. Professor Daniel Tokaji also said it was unlikely the problems made a difference in the outcome.


Concerns Mount After Nativity Allowed on Municipal Grounds

December 18, 2004

Featured Expert: David A. Goldberger

In the Columbus Dispatch, Professor David A. Goldberger is quoted in an article about constitutional issues associated with a Nativity scene that is displayed outside of Reynoldsburg\'s City Hall.

Punch cards ruled legal

December 15, 2004

Featured Expert: Daniel P. Tokaji

In a Columbus Dispatch story about the ruling of a federal judge that said punch-card voting systems in Ohio did not violate the rights of voters, Professor Daniel Tokaji said that he expects the ruling to be appealed.


Several factors contributed to 'Lost' voters in Ohio

December 15, 2004

Featured Expert: Edward B. Foley

The Washington Post reported about voting problems in Ohio. Professor Edward B. (Ned) Foley said that there was not enough to prove fraud, but the situation in Ohio demands reform.


Kerry gave up too soon, Jesse Jackson says

December 14, 2004

Featured Expert: Daniel P. Tokaji

In an Akron Beacon Journal story about a 41-page petition before the Ohio Supreme Court, Professor Daniel Tokaji said the Jackson-led election challenge raised concerns but did not offer proof that Kerry actually won the state.


In Conte's '20/20' Talk, Legal Experts See a Risk

December 11, 2004

Featured Expert: Alan C. Michaels

In a New York Times story about Victor Conte Jr.'s remarks on the ABC program "20/20" about widespread doping in elite sport, Professor Alan C. Michaels wondered whether Conte had received payment from ABC or was seeking a book deal.


New round of challenges in Ohio vote

December 5, 2004

Featured Expert: Steven F. Huefner

Salon.com discussed the legal efforts to challenge the election results in Ohio. Professor Steven Huefner said the efforts represent "an incredible long shot." He also was quoted as saying that "courts are just incredibly reluctant to overturn the results of an election absent a really strong showing that something happened that affected the outcome." These quotes were also picked up in a similar article in the Washington Post.


Bit by byte, technology makes life less private

December 5, 2004

A story in the Kansas City Star discussed the impact of technology on privacy issues. Professor Peter P. Swire said people often are unaware of the ways things such as e-mail can cost them their privacy.


Debate focuses on outsourcing of jobs

December 2, 2004

An article in The Lantern summarized the debate on outsourcing, which was held in Saxbe Auditorium on December 1. Professors Peter P. Swire and Dale Oesterle represented opposite sides of the issue.


Debate focuses on outsourcing of jobs

December 2, 2004

Featured Expert: Dale A. Oesterle

An article in The Lantern summarized the debate on outsourcing, which was held in Saxbe Auditorium on December 1. Professors Peter P. Swire and Dale Oesterle represented opposite sides of the issue.


Heights officials, colleges take 'sue me' stance on marriage law

December 2, 2004

Featured Expert: Ruth Colker

In a Cleveland Plain Dealer story on Issue 1 and domestic partner benefits offered by Ohio universities, Professor Ruth Colker says the universities' posture allows them to avoid initiating costly and potentially unsuccessful litigation, while making a good-faith argument for continuing the benefits they view as a valuable recruiting tool. "Given the vagueness of the language of Issue 1, it's hard for anyone to know what it really means," Colker said in an interview. "The best and clearest reading is that it bans gay marriage and civil unions and nothing else. Since we don't have gay marriage and civil unions in the state of Ohio right now, it really doesn't have any effect."


Revisiting the OSU-MBNA Deal

November 29, 2004

WBNS-TV (Columbus, Ohio) reported that MBNA pays The Ohio State University $1.3 million per year to provide MBNA with the names, phone numbers, and addresses of the 52,000 students of the University. Additionally, the Ohio State Alumni Association has an exclusive agreement with MBNA. Professor Peter P. Swire said the university should have a system for students to "opt-out" of marketing to protect their financial privacy. "And that's what OSU doesn't have right now," said Swire.


Sentencing-Guideline Study Finds Continuing Disparities

November 27, 2004

Featured Expert: Douglas A. Berman

A story by the Associated Press that appeared in The New York Times discussed a study conducted by the United States Sentencing Commission that examined how well the Federal Sentencing Guidelines had brought uniformity to punishments and found that disparities still existed among races and regions of the country. Professor Douglas Berman said, "Nobody wants to go back to the bad old days of complete unguided judicial discretion."


New Software Lets Agencies Share Info, Protect Identities

November 22, 2004

An article that appeared in Washington Technology discussed new software, "Anna", that lets government agencies share information while still protecting the confidentiality of the information. Professor Peter Swire said that the technique used by the software is not a complete solution to maintain anonymity.


Ohio Colleges Waiting to Enact Issue 1

November 16, 2004

Featured Expert: Marc Spindelman

At the Ohio State University, The Lantern reported that Ohio colleges and universities have yet to change their same-sex partner benefits in light of Issue 1 because of uncertainty in the law surrounding the amendment. Professor Marc Spindelman noted that questions regarding equal protection and separation of church and state need to be answered regarding the new amendment. It is "no small irony that the amendment's proponents, who advocated taking powers away from courts, wound up multiplying them."


Voting Problems in Ohio Set Off an Alarm

November 7, 2004

Featured Expert: Edward B. Foley

In the New York Times, Professor Edward B. (Ned) Foley, was quoted about some of the problems voters faced on Election Day.


Kerry's Concession a Number's Game

November 4, 2004

Featured Expert: Edward B. Foley

A story in the Columbus Dispatch noted that Kerry decided the outstanding votes would not be enough to bridge the gap. Professor Edward B. (Ned) Foley said the state should look critically at areas of its elections system that drew criticism and lawsuits during the campaign.


In Making His Decision on Ohio, Kerry Did the Math

November 4, 2004

Featured Expert: Daniel P. Tokaji

An article in discussed the mathematics behind Kerry's concession of the 2004 presidential election. Professor Daniel Tokaji speculated that even if there were 250,000 provisional votes from Ohio voters, it would not be enough to bridge the gap between the candidates. Professor Edward B. (Ned) Foley noted that the Help America Vote Act would allow more provisional votes to be accepted by election officials and ultimately counted.


In Making His Decision on Ohio, Kerry Did the Math

November 4, 2004

Featured Expert: Edward B. Foley

An article in The New York Times discussed the mathematics behind Kerry's concession of the 2004 presidential election. Professor Daniel Tokaji speculated that even if there were 250,000 provisional votes from Ohio voters, it would not be enough to bridge the gap between the candidates. Professor Edward B. (Ned) Foley noted that the Help America Vote Act would allow more provisional votes to be accepted by election officials and ultimately counted.


Experts: Issue One Impact to Be Felt More In Homes Than Workplaces

November 3, 2004

Featured Expert: Marc Spindelman

An article by the Associated Press that appeared in The Mercury News discussed the impact on individuals when the constitutional amendment to bay gay marriage takes effect. Professor Marc Spindelman said that Ohioans will be surprised by the amendment's reach into home lives. Attorneys for unmarried clients charged with domestic violence will be able to "trout out Issue 1 in service of their defense."


Lawsuits Focus on Provisional Balloting

November 3, 2004

Featured Expert: Daniel P. Tokaji

A story in the Columbus Dispatch discussed lawsuits that were filed to challenge election procedures including how provisional ballots will be counted. Professor Daniel Tokaji said, "Ohio has a responsibility to treat all voters equally." (registration required)


The Morning After: Ohio As Ground Zero

November 3, 2004

Professor Donald Tobin was interviewed on Democracy Now concerning provisional ballots.


Bush Tops in Votes, But Kerry Has Hope

November 3, 2004

Featured Expert: Daniel P. Tokaji

An article in the Columbus Dispatch noted that the presidential race could hinge on Ohio's provisional ballots. Professor Daniel Tokaji said that provisional ballots are the "hanging chad" of the 2004 presidential election. (registration required)


Ohio's Provisional Ballots Delay Election Conclusion

November 3, 2004

Bloomberg reported possible legal battles that could be fought after the election. Professor Donald Tobin said that a lot of the disputes were worked out beforehand.


The Election Won't be Over in Ohio for Weeks

November 3, 2004

Featured Expert: Daniel P. Tokaji

A story that appeared in USA Today speculated that vote counting will continue in Ohio for weeks even after Kerry's concession. Professor Daniel Tokaji noted how difficult it would be for Kerry to win in Ohio based on the number of provisional ballots.


Ohio Vote Undecided Amid Confusion

November 3, 2004

Featured Expert: Steven F. Huefner

Reuters-UK reported that a federal court order required election officials in counties where there were long lines to vote to allow the voters to use paper punch card ballots in addition to the touch screen to speed up the process. Professor Steven Huefner questioned whether the order came in time to do any good.


Problems, But No Chaos, is Reported at the Polls

November 3, 2004

A story in the Oakland Tribune noted that long lines and broken voting machines appear to be the main setbacks amid high voter turnout. Professor john a. powell said, "Everybody's fighting for every vote, frankly."


Ohio Avoids 'Next Florida' Tag as Kerry Concedes

November 3, 2004

Featured Expert: Steven F. Huefner

Reuters discussed whether litigation would continue after presidential candidate John Kerry conceded the election. Professor Steven Huefner said, "I don't think we were ever looking at another Florida. The margin of votes for Bush was too large for Kerry to overcome."


This Time, Ohio Takes On Role of Florida

November 3, 2004

Featured Expert: Daniel P. Tokaji

The Los Angeles Times discussed the similarities between the Florida controversy over "hanging chads" in the 2000 presidential election and the present day controversy over uncounted provisional ballots in Ohio. Professor Daniel Tokaji noted that there are very few standards for assessing the validity of a provisional ballot.


How to Make Sure Your Vote Counted

November 3, 2004

Featured Expert: Edward B. Foley

An article reported by the Wall Street Journal discussed new tools that are available this year for registering concerns and tracking ballot status. Professor Edward B. (Ned) Foley discussed the number of Ohio voters expected to cast provisional ballots. (Search for "Foley")


Showdown in Ohio

November 3, 2004

Featured Expert: Steven F. Huefner

A story in U.S. News and World Report discussed the potential for a legal "showdown" in Ohio concerning the presidential election. Professor Steven Huefner discussed the process for counting provisional ballots cast and Professor Daniel Tokaji noted that if the number of provisional ballots is large enough to determine the election, then disputes could arise over which ones should be counted.


Showdown in Ohio

November 3, 2004

Featured Expert: Daniel P. Tokaji

A story in U.S. News and World Report discussed the potential for a legal "showdown" in Ohio concerning the presidential election. Professor Steven Huefner discussed the process for counting provisional ballots cast and Professor Daniel Tokaji noted that if the number of provisional ballots is large enough to determine the election, then disputes could arise over which ones should be counted.


Issue One Supporters Celebrate, Opponents Wonder What's Next?

November 3, 2004

Featured Expert: Marc Spindelman

A story by the Ohio News Network discussed the passage of the constitutional amendment to ban gay marriage in Ohio. Professor Marc Spindelman suggested that the strongest argument against the ban might be in equality. "The argument will likely be in part, though not exclusively, that issue one violates the rights of unmarried couples both same sex and cross sex."


3 judges deal blow to GOP challenges

November 2, 2004

Featured Expert: Edward B. Foley

In the Sun-Sentinel, Professor Edward B. Foley predicted that a ruling would be issued in a 6th Circuit appeal in a case involving GOP challengers would be made before the 6:30 a.m. opening of the polls.


Record Voter Turnout Predicted; Day of Reckoning Arrives at Last

November 2, 2004

Featured Expert: Edward B. Foley

A story in The San Francisco Chronicle discussed the number of expected voters that would turn out for the 2004 presidential election. Discussing the Help America Vote Act, Professor Edward B. (Ned) Foley said that the reviews of HAVA had been mixed.


Legal Wrangling Begins Before Election Wraps Up

November 2, 2004

Featured Expert: Daniel P. Tokaji

The Baltimore Sun discussed legal challenges concerning the 2004 presidential election that threaten to last for weeks. Professor Dan Tokaji noted that challengers didn't show up in some precincts and there were only scattered reports of challengers raising objections to individual voters.


U.S. Court Permits GOP Poll Challengers in Ohio

November 2, 2004

Featured Expert: Terri L. Enns

A story reported by Bloomberg discussed the decision of the Sixth Circuit to allow challengers to be present in Ohio polling places. Professor Terri Enns noted that challengers at polling places could delay voting and lead to lawsuits after the election.


GOP Wins Early Legal Skirmish in Ohio

November 2, 2004

Featured Expert: Edward B. Foley

A story in The New York Daily News reported that a recent ruling of the Sixth Circuit allowed challengers to be present in Ohio polling places. Professor Edward B. (Ned) Foley's "margin of litigation" theory was mentioned while discussing other possible sources of litigation.


Campaigns Wage 11th-hour Battles in Courts

November 2, 2004

Featured Expert: Edward B. Foley

An article in USA Today discussed the litigation surrounding whether challengers would be allowed at the polls. Professor Edward B. (Ned) Foley predicted that litigation would occur if the margin of victory is 1percent or less.


Campaigns wage 11th-hour battles in courts

November 1, 2004

Featured Expert: Edward B. Foley

In USA Today, Professor Edward B. (Ned) Foley said that that large-scale litigation would occur if either candidate's margin of victory is 1% or less.


Changes in Voting Technology Raise Concerns About Presidential Election

November 1, 2004

Featured Expert: Daniel P. Tokaji

On LawCrossing, Professor Daniel Tokaji predicts a lot of lost votes in this election, due to punch card voting, registration glitches, provisional voting problems, and the ID requirement.


Both political parties marshaling lawyers

November 1, 2004

Featured Expert: Steven F. Huefner

In the Columbus edition of Business First, Professor Steven Huefner said that the amount of legal preparation and recruiting of lawyers for the November 2 election is unprecedented.


Parties Plan to Dispatch Lawyers, Observers Despite Court Rulings

November 1, 2004

Featured Expert: Edward B. Foley

A story reported in The Mercury News discussed the GOP's efforts to challenge the eligibility of voters in polling places. Professor Edward B. (Ned) Foley noted that the mobilization of lawyers is "extraordinary" and speculated that lawsuits might be proliferating because there is "a perception that litigation mattered the last time."


Professor: Ohio must have 4-point victory margin to declare winner on election night

November 1, 2004

Featured Expert: Daniel P. Tokaji

A story by the Associated Press noted that Professor Daniel Tokaji expects a recount if the victory margin is less than one percentage point. This story appeared, among other publications, in The Miami Herald and can be viewed on News Channel 5 Cleveland/Akron's website.


Provisional Ballots: The Chads of 2004?

November 1, 2004

Featured Expert: Daniel P. Tokaji

An article in The Plain Dealer discussed the effect provisional ballots could have on the 2004 presidential election. Professor Daniel Tokaji noted that provisional ballots appear to be the "hanging chad" of the 2004 presidential election.


8 Votes Apart

October 31, 2004

Featured Expert: Daniel P. Tokaji

In a Columbus Dispatch story about the closeness of the presidential election, Professor Daniel Tokaji said that it essentially would be malpractice if the party lawyers weren't ready for lawsuits after the bitter fight in 2000.


To Repair the Electoral College, Drop Two

October 31, 2004

Featured Expert: Peter M. Shane

Professor Peter Shane, the director of the Center for Law, Policy and Social Science, wrote this op-ed column which appeared in The Washington Post. Shane noted that if the 2004 presidential election brings another mismatch between the electoral and popular votes, maybe there will be national agreement that the current electoral college system has got to be reformed.


Ballots Go Uncounted in Summit

October 31, 2004

Featured Expert: Daniel P. Tokaji

An article that appeared in The Akron Beacon Journal noted that one in seven votes went uncounted near Akron's west side in the 2000 presidential election. Professor Daniel Tokaji noted that there was a substantial disparity along racial and economic lines.


It Could All Be Decided Here

October 31, 2004

Featured Expert: Daniel P. Tokaji

The Columbus Dispatch discussed the "showdown" in Ohio for the 2004 presidential race. In anticipation of a possible legal battle, Professor Daniel Tokaji said that he would be surprised if the parties did not already have litigation papers ready to be filed. (registration required)


New Ohio election uproar

October 30, 2004

Featured Expert: Steven F. Huefner

In a Cleveland Plain Dealer story about Ohio Secretary of State Kenneth Blackwell's efforts to prevent challengers at the polls, Professor Steven Huefner said that Blackwell would have difficulty keeping challengers out of polling areas.


Dispute Over New Voters Rage On

October 29, 2004

Featured Expert: Daniel P. Tokaji

In a Columbus Dispatch story about what will happen to individuals who are challenged at the polls, Professor Daniel Tokaji said that throwing the ballots into the provisional-voting pile is like throwing them into a black hole.


Election Suits Are Filed Early and Often

October 28, 2004

Featured Expert: Edward B. Foley

In this Los Angeles Times story, Professor Edward B. (Ned) Foley said that Ohio and Florida are two states that are most likely to have litigation that could tip the balance of the election. The story also noted that legal issues have become so thick that the Moritz College of Law has begun publishing a daily status report on election-related court cases.


In Fierce Contest for Ohio Vote, Secretary of State Feels Scrutiny

October 27, 2004

Featured Expert: Edward B. Foley

In the Washington Post, Professor Edward B. (Ned) Foley called Ohio Secretary of State J. Kenneth Blackwell's decisions with regard to the upcoming election "a mixed record" but does not see a pattern of political bias.


Expect Bush v. Kerry, the Chadless Sequel

October 27, 2004

Featured Expert: Edward B. Foley

In the New York Times, Professor Edward B. (Ned) Foley predicted there will be litigation following the presidential election if there is a state that is critical to winning the Electoral College and the margin of victory in that state is less than the number of provisional ballots in that state.


Behind the looming ballot clash

October 27, 2004

Featured Expert: Daniel P. Tokaji

In the Christian Science Monitor, Professor Daniel Tokaji said that There are going to be all sorts of questions having to do with provisional voting if the election is close.


Long Gone But Still Registered

October 24, 2004

Featured Expert: Terri L. Enns

Professor Terri Enns, a member of the Election Law @ Moritz team, noted in the Columbus Dispatch that it is disturbing that individuals who have moved away are still on the Franklin County voter rolls. She said that there are potential problems, but there are a lot of Election Day safeguards to keep it from swaying the election.


Balloting process will be fair, Taft says

October 22, 2004

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Columbus Dispatch story about the October 21 panel discussion at the Moritz College of Law. Professor Tokaji called challengers at the polls a "sleeper issue."


Fed ruling deepens backup ballot divide

October 20, 2004

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the New York Times about a federal judge's ruling in a dispute over how to count provisional ballots, a new voting requirement that could become the hanging chad of 2004.


Report warns this election day Could be beset by new problems

October 20, 2004

Featured Expert: Edward B. Foley

Professor Edward B. "Ned" Foley, director of Election Law @ Moritz, was quoted in the Wall Street Journal about provisional ballots and the upcoming presidential election.


Federal court overturns law-enforcement powers expanded in Patriot Act

October 13, 2004

In The Chronicle of Higher Education, Professor Peter Swire was quoted about the provision of a law that allows government officials to demand a wide range of communications records from Internet-service providers and to forbid recipients of the letters to tell anyone about the orders.


Expert backs Blackwell on ballots: Law allows states to decide how to handle lost voters, elections adviser argues

October 13, 2004

Featured Expert: Daniel P. Tokaji

In a Columbus Dispatch story noting that the chairman of the U.S. Election Assistance Commission supports Ohio Secretary of State J. Kenneth Blackwell's position on provisional ballots, Professor Daniel Tokaji said that there’s a real possibility what’s going on here in Ohio could have nationwide implications.


Supreme Court to review inmate freedom law

October 13, 2004

Featured Expert: David A. Goldberger

An Associated Press story in the Seattle Post-Intelligencer noted that the Supreme Court agreed Tuesday to consider the constitutionality of a federal law that requires state prisons to accommodate inmate religions, from Christianity to Satanism. The inmates' lawyer, Ohio State University law professor David Goldberger, said prisoners are stripped of many of their rights, but access to religious services should not be one of them.


Court tackles religion: Justices to take up cases on Ten Commandments, inmates' faith practices

October 13, 2004

Featured Expert: David A. Goldberger

A story in the Columbus Dispatch noted upcoming cases to be heard by the U.S. Supreme Court, including a case from Ohio centering on the constitutionality of a federal law mandating that state prisons accommodate prisoners’ religions. State Solicitor Douglas R. Cole, who is on leave from the Moritz Law faculty, says the state's main problem with the federal law is that it prevents prison wardens from making common-sense safety decisions on what inmates can be allowed to do. David Goldberger, a Moritz professor and the inmates' lead counsel, said he hopes the Supreme Court will issue a ruling clarifying that Congress or a state legislature can pass a law that "accommodates legitimate religious exercise."


Scholars see it plainly: No clear way to require that political ads are true

October 12, 2004

Featured Expert: Edward B. Foley

In the Toledo Blade, Professor Edward B. (Ned) Foley said a First Amendment principle is that when one campaign lies, the other may respond, and the citizens decide. The article covered the third Election Law @ Moritz event, a discussion of false campaign advertising.


Wording of Ohio's Gay-Marriage Ban Called Sweeping

October 9, 2004

Featured Expert: Marc Spindelman

A story in The Cincinnati Enquirer noted that the language of the proposed amendment to the Ohio Constitution banning same-sex marriage is broad and vague. Professor Marc Spindelman noted that other states have similar amendments with broad language but that is not reassuring that the proposed amendment will not have a devastating effect in Ohio.


Partner Benefits Could Be Curtailed: State Universities Watch Issue 1 Vote

October 9, 2004

Featured Expert: Marc Spindelman

A story in The Cincinnati Enquirer discussed the possible effects on domestic partnership benefits if voters approve the proposed amendment to the Ohio Constitution banning same-sex marriage. Professor Marc Spindelman noted that the amendment goes much further than banning gay marriage. Professor Spindelman was also quoted in related stories that appeared in the Port Clinton News Herald (Ohio) and The Lancaster Eagle-Gazette (Ohio).


Judges Take Second Look at E-Mail Privacy Decision

October 7, 2004

Professor Peter Swire co-authored an amicus brief on e-mail wiretapping.


High court looks at sentencing guidelines

October 5, 2004

Featured Expert: Douglas A. Berman

Professor Douglas Berman noted that more than 1,000 people are sentenced each day in federal and state courts. The story, which appeared in the Inland Valley Daily Bulletin (Ontario, Calif.), detailed results of two federal sentencing cases argued before the U.S. Supreme Court on October 4.


Sentencing guidelines gain court priority

October 4, 2004

Featured Expert: Douglas A. Berman

In a Pittsburgh Post-Gazette story about the beginning of the 2004-2005 U.S. Supreme Court term, Professor Douglas Berman noted that the justices needed to deal with the fallout from a decision it rendered three months ago, U.S. v. Blakely, which dealt with federal sentencing guidelines. He noted that the federal sentencing system has ground to a halt.


High court sentencing showdown

October 4, 2004

Featured Expert: Douglas A. Berman

In a Christian Science Monitor about how the U.S. Supreme Court answer to the question of whether the federal sentencing guideline empowers judges to perform a function the Constitution reserves for jurors, Professor Douglas Berman it affects every case that works its way through the criminal justice system.


Supremes are back

October 4, 2004

Featured Expert: Douglas A. Berman

In an interview on Fox News Channel, Professor Douglas Berman said that the Blakely decision, which declared federal sentencing guidelines unconstitutional, is the biggest criminal justice case before the U.S. Supreme Court in at least 25 years, possibly in the history of the court.


Students switching to vote in Ohio: Some say their decision influenced by state's "battleground" status

October 2, 2004

Featured Expert: Edward B. Foley

In the Columbus Dispatch, Professor Edward B. (Ned) Foley said that everyone makes a difference in the upcoming presidential election.


Attorney General: Marriage Amendment Would Harm Economy

September 27, 2004

Featured Expert: Marc Spindelman

The Associated Press interviewed Professor Marc Spindelman for an article concerning the proposed amendment to the Ohio Constitution banning same-sex marriage. Professor Spindelman noted that many people "are struck by how far it sweeps." This article appeared in the following publications: The Repository (Canton, Ohio), Miami Herald, The State (South Carolina), and the Mercury News (San Jose, Calif.).

Oops! Maybe Discover Card ruling was in line after all

September 26, 2004

Featured Expert: Gregory M. Travalio

In a Cleveland Plain Dealer story about Discover Card's efforts to collect from a Cleveland resident, two Moritz Law professors, Gregory Travalio and Larry Garvin, said that credit agreements have a few strikes against them and there are limits to what contracts can do.


Oops! Maybe Discover Card ruling was in line after all

September 26, 2004

Featured Expert: Larry T. Garvin

In a Cleveland Plain Dealer story about Discover Card's efforts to collect from a Cleveland resident, two Moritz Law professors, Gregory Travalio and Larry Garvin, said that credit agreements have a few strikes against them and there are limits to what contracts can do.


Hamdi Release Raises Timing Questions Experts Suspect U.S. Acts to Prevent Further Court Hearings

September 24, 2004

In the Los Angeles Daily Journal, Professor Mary Ellen O'Connell said that the release of Yaser Esam Hamdi, a Saudi Arabian with dual American citizenship who was being held indefinitely by the U.S. as an enemy combatant, could give ammunition to defense lawyers who are representing other detainees. (Registration Required)


U.S. to Release 'Enemy Combatant' to Saudi Arabia

September 23, 2004

Professor Mary Ellen O’Connell said on NPR that the release of Yaser Hamdi, a Saudi Arabian with dual American citizenship who was being held indefinitely by the U.S. as an enemy combatant, sends a warning signal to courts to be skeptical about the government's claims on Jose Padilla and others.


Venture capitalists living on the edge

September 20, 2004

Featured Expert: Dale A. Oesterle

Professor Dale Oesterle says in his regular column in the Boulder Daily Camera that a judge's willingness to consider liability for a Venture Capital fund behaving more-or-less as many funds often do in the industry is an ominous warning.


Sniffing Out Fakes

September 13, 2004

Featured Expert: Daniel C.K. Chow

In U.S. New & World Report, Professor Daniel C.K. Chow noted that if you are a brand owner, you can’t fight counterfeiting without hiring private investigators or having in-house counterfeit investigators.


Bill Seeks Civil Liberties Board

September 9, 2004

In a story about the proposed Privacy and Civil Liberties Oversight Board on Wired.com, Professor Peter Swire said the bill was encouraging.


Defense changes plea in highway shooting case

September 2, 2004

Featured Expert: Joshua Dressler

Professor Joshua Dressler said in a Marion Star story about the alleged central Ohio highway shooter, that the plea of guilty by reason of insanity plea is a "plea of last resort."


The Wrong Civil Liberties Board

September 1, 2004

Professor Peter P. Swire, in a guest editorial for the Center for American Progress, says that President Bush's executive order establishing the "President's Board on Safeguarding Americans' Civil Liberties" is too little, too late.


Google shares unlocked Friday

September 1, 2004

Featured Expert: Dale A. Oesterle

Professor Dale Oesterle says in a San Jose Mercury News that lock-up expiries tend to jolt a stock more when there's market uncertainty. The story detailed "lock-up" rules that have kept Google employees from selling shares since the initial public offering two weeks ago. The story also appeared in the Miami Herald, the Wichita (Kan.) Eagle, and the Philadelphia Inquirer.


Heading into primary, Florida under microscope again

August 31, 2004

Featured Expert: Daniel P. Tokaji

Dan Tokaji was quoted in USA Today about the touch screen voting systems in Florida. "I do think that it is the best available system when you consider all the facts, including voting rights issues," he said.


Brevard resident may have voted twice in 2000

August 24, 2004

Featured Expert: Daniel P. Tokaji

In a Florida Today story about double voting, Professor Daniel Tokaji said that voter registration is handled by individual states, and there is little practical coordination among them.


Congress Wants Rights Board

August 21, 2004

In Wired News, Professor Peter Swire said that the proposed federal civil liberties commission belongs in the executive office and that the president should appoint its members.


Why Buy Google?

August 16, 2004

Featured Expert: Dale A. Oesterle

In his regular column in the Boulder Daily Camera, Professor Dale Oesterle questions why Google is doing an initial public offering.


Punch-card ballots raise new worries

August 14, 2004

Featured Expert: Daniel P. Tokaji

In a Cincinnati Enquirer story about punch-card ballots, Professor Daniel Tokaji said that there has been a lot of concern raised about voting equipment in Florida and Ohio.


Rape Suspect Might Escape Some Charges

August 14, 2004

Featured Expert: Joshua Dressler

Two Moritz Law faculty were quoted in the Columbus Dispatch regarding charges filed against the man suspected of the Linden-area rapes. Professor Joshua Dressler said that the statute of limitations would not permit some of the rape charges because they occurred more than six years ago. In spite of the defendant's request for a speedy trial, Professor Ric Simmons said that a motion filed by the defendant's attorney to dismiss some of the charges would stop the clock until the motion is heard.


Rape Suspect Might Escape Some Charges

August 14, 2004

Featured Expert: Ric Simmons

Two Moritz Law faculty were quoted in the Columbus Dispatch regarding charges filed against the man suspected of the Linden-area rapes. Professor Joshua Dressler said that the statute of limitations would not permit some of the rape charges because they occurred more than six years ago. In spite of the defendant's request for a speedy trial, Professor Ric Simmons said that a motion filed by the defendant's attorney to dismiss some of the charges would stop the clock until the motion is heard.


Authorities Violated Suspect's Miranda Rights, Defense Says

August 14, 2004

Featured Expert: Joshua Dressler

In a Columbus Dispatch story about a motion to suppress statements made by the alleged highway shooter, Charles A. McCoy Jr., Professor Joshua Dressler said that case law is on the side of the prosecution.


Commercial Piracy

August 11, 2004

Featured Expert: Daniel C.K. Chow

On The Dolans Unscripted, CNNfn, Professor Daniel C.K. Chow discussed commercial piracy, particularly related to goods coming into the U.S. from China.


The World's Greatest Fakes

August 10, 2004

Featured Expert: Daniel C.K. Chow

Professor Daniel C.K. Chow was featured on CBS' 60 Minutes about counterfeiting in China. He said "We have never seen a problem of this size and magnitude in world history. There's more counterfeiting going on in China now than we've ever seen anywhere." (This was rebroadcast from January 28, 2004.)


Punch card voting lingers

August 10, 2004

Featured Expert: Daniel P. Tokaji

Chip Reid, reporter for NBC Nightly News, talked with Moritz Law Professor Daniel Tokaji regarding punch card voting.


Court Offers Guidance on Sentencing In Md., Va.

August 4, 2004

Featured Expert: Douglas A. Berman

In the Washington Post, Professor Douglas Berman credited the Fourth Circuit for making an effort but said that he found the recommendation for double sentences peculiar.


Reservist England Faces Prisoner Abuse Hearing

August 3, 2004

On National Public Radio's Morning Edition, Professor Mary Ellen O'Connell said a Pentagon draft memo, which was leaked to the press in June, provides an opportunity for Pvt. England's defense team to argue that she was reasonably following orders.


Supreme Court Will Revisit Sentencing Guidelines

August 3, 2004

Featured Expert: Douglas A. Berman

On National Public Radio's Talk of the Nation, Professor Douglas Berman discussed recent developments in the Blakely case.


Campaign For Marriage Amendment Submits Petitions

August 3, 2004

Featured Expert: Ruth Colker

Interviewed on WBNS-10TV-Columbus, Professor Ruth Colker said that proponents of a constitutional ban on same sex marriage may have a difficult time convincing the U.S. Supreme Court that their amendment is not punishing a particular group.


Supreme Court to Take Up Mandatory Sentences

August 2, 2004

Featured Expert: Douglas A. Berman

Interviewed on National Public Radio's All Things Considered, Professor Douglas Berman discussed the decision of the U.S. Supreme Court to consider the federal sentencing guidelines in the wake of the Blakely decision.


Blakely Revisited

August 2, 2004

Featured Expert: Douglas A. Berman

In a Legal Times article about Supreme Court's decision in Blakely v. Washington, Professor Douglas Berman said that the government is offering up cases that are "ugly on the facts" in which Blakely has resulted in what could seem to the Court and to the public as "underpunishment."


Sentence-Guideline Ruling Stirs Confusion

July 31, 2004

Featured Expert: Douglas A. Berman

Interviewed on National Public Radio's Weekend Edition, Professor Douglas Berman said that the Blakely decision found that every one of the facts that are critical to enhancing the defendant's sentence has to be found by a jury or admitted by the defendant.


Prison-Abuse Scandals Prompts Lawsuits

July 31, 2004

On the weekend edition of National Public Radio's All Things Considered, Professor Mary Ellen O'Connell said that the ultimate result is that human rights are enforced and those responsible for the abuse are held responsible.


Punch-card ballot trial halted for 3 months

July 29, 2004

Featured Expert: Daniel P. Tokaji

In the Akron Beacon Journal, Professor Dan Tokaji questioned a report that supports the use of punch cards in voting.


Franklin man held on 200 child pornography charges

July 27, 2004

In the Dayton Daily News, Professor Peter Swire said that U.S. Customs agents, now part of the Department of Homeland Security, have always been charged with the investigation of global smuggling of goods, including pornography.


Voting machine faults ignored

July 21, 2004

Featured Expert: Daniel P. Tokaji

Interviewed by the St. Petersburg Times, Professor Dan Tokaji said that a small but significant voters in every election intentionally undervote.


Law Professor's Web Log is Jurists' Must-Read

July 19, 2004

Featured Expert: Douglas A. Berman

A story in the Wall Street Journal featured Professor Douglas Berman and his web log, Sentencing Law and Policy.


Usurping the Voters

July 19, 2004

Featured Expert: Peter M. Shane

Professor Peter M. Shane considered what would happen if the Electoral College wasn't selected by the voters in an op ed piece in the Washington Post.


Sniper suspect competent for trial

July 16, 2004

Featured Expert: Joshua Dressler

In a Columbus Dispatch story, Professor Joshua Dressler says having a mental illness but being competent to stand trial is not rare.


EBay sets up 6-month digital music test

July 16, 2004

In a USA Today story about the re-sale of digital music, Professor Peter Swire says that in the digital era, there is much greater use of licenses.


Supreme Court Cleanup in Aisle 4

July 16, 2004

Featured Expert: Douglas A. Berman

Professor Doug Berman's response.


No-Good Lazy Justices

July 15, 2004

Featured Expert: Douglas A. Berman

The on-line magazine Slate quoted Professor Douglas Berman's web log, Sentencing Law and Policy.


Federal sentences here are in limbo after ruling

July 13, 2004

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in an article in the St. Louis Post-Dispatch regarding the Blakely v. Washington decision.


High Court Decision Sows Confusion on Sentencing Rules

July 13, 2004

Featured Expert: Douglas A. Berman

In a Washington Post story, Professor Douglas Berman says that Blakely is like an earthquake.


High court ruling sows confusion

July 12, 2004

Featured Expert: Douglas A. Berman

In a USA Today story about federal sentencing guidelines, Professor Douglas Berman said that now every judge has the discretion to make the rules up as he or she goes along.


Ruling: A Boston judge works to preserve the jury's role in American justice

July 12, 2004

Featured Expert: Douglas A. Berman

Professor Douglas Berman said in a Baltimore Sun story that more plea bargains might be a possibility in the fallout of the U.S. Supreme Court decision in Blakely v. Washington.


TSA exempts systems from Privacy Act

July 5, 2004

In an article in Federal Computer Week, Professor Peter Swire said that a recent move by Transportation Security Administration officials to withhold records about active investigations re-creates conditions that led to the Privacy Act.


Supreme Court Actions Seen Curbing Bush Agenda

July 5, 2004

In a story about the U.S. Supreme Court's recent ruling affirming the rights of detainees held as enemy combatants, National Public Radio's Nina Totenburg interviewed Professor Mary Ellen O'Connell. Professor O'Connell said that the detainee cases stand for the principle that the president does not have the right to indefinitely detain persons whom he has labeled to be enemy combatants.


Die during a crime, it's murder in Ohio

July 4, 2004

Featured Expert: Joshua Dressler

In a Cleveland Plain Dealer story about the death of a crime victim following an altercation with a homeless man, Professor Joshua Dressler said that most states would not allow prosecutors to seek murder charges based on an assault.


Court Limits Privacy of E-Mail Messages

July 1, 2004

In a Washington Post story about a U.S. Court of Appeals case ruling that expands e-mail monitoring by businesses and government, Professor Peter Swire said that the ruling means that an e-mail provider can intercept one's e-mail, read them, and use them for business purposes.


A loophole for Erpenbeck?

July 1, 2004

Featured Expert: Joshua Dressler

Professors Joshua Dressler and Douglas Berman were quoted in a Cincinnati Post story about a Supreme Court ruling that could make federal sentencing rules unconstitutional. They said that the June 24 decision in Blakely, along with the subsequent ruling on Tuesday by a federal judge in Utah may mean reworking the federal sentencing guideline system.


A loophole for Erpenbeck?

July 1, 2004

Featured Expert: Douglas A. Berman

Professors Joshua Dressler and Douglas Berman were quoted in a Cincinnati Post story about a Supreme Court ruling that could make federal sentencing rules unconstitutional. They said that the June 24 decision in Blakely, along with the subsequent ruling on Tuesday by a federal judge in Utah may mean reworking the federal sentencing guideline system.


U.S. Judge Overturns Guidelines for Sentences

July 1, 2004

Featured Expert: Douglas A. Berman

A federal judge in Utah ruled that the federal sentencing guidelines were unconstitutional, according to a story in the New York Times. In the story, Professor Douglas Berman said that the decision by Judge Paul G. Cassell of Federal District Court in Salt Lake City was likely to be influential.


E-voting: nightmare or nirvana

June 30, 2004

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji participated in a debate over electronic voting on c/net news.com.


Supreme Court decides that both US citizens and foreigners seized as potential terrorists can challenge their detentions in court

June 29, 2004

Professor Mary Ellen O'Connell told Nina Totenberg of NPR's Morning Edition that the core decision in the Guantanamo Bay case is that there is no right to hold persons indefinitely in pretrial detention.


As e-voting grows, calls for paper trail delay cards' demise

June 21, 2004

Featured Expert: Daniel P. Tokaji

In a Boston Globe story about the call for a paper trail in the use of electronic voting technology, Professor Dan Tokaji said that well meaning activists holding out for a paper replica of their ballots have extended the use of flawed punch-card balloting.


Anti-Terror Laws Target Americans, Not Just Terrorists

June 15, 2004

In a Scripts Howard News Service story about how state and federal prosecutors are applying antiterrorism laws adopted after 9/11 to other broad, run-of-the-mill probes, Professor Peter Swire says he's not surprised. He says that a little noted impact of the Patriot Act is that prosecutors can add more charges against defendants, even when terrorism isn't involved.


Columbus to See A Lot of Campaign Ads

June 10, 2004

Featured Expert: Edward B. Foley

On WBNS-10TV, Professor Edward B. (Ned) Foley said that it makes sense that central Ohio is the focus of political ads. "Columbus is a swing city in a swing state," he said.


Ashcroft Won't Release Torture Memos to Senate

June 9, 2004

In a story by Nina Totenberg on National Public Radio's Morning Edition which reports that two memos prepared by Bush administration lawyers and high-ranking officials suggest the president cannot be held to federal and international rules prohibiting torture, Professor Mary Ellen O'Connell reminds listeners that the U.S. Supreme Court has limited the president's power to act, even during war, and that the commander-in-chief's authority is limited by the rule of law.


Pentagon Report Set Framework for Use of Torture; Security or Legal Factors Could Trump Restrictions, Memo to Rumsfeld Argued

June 7, 2004 In the Wall Street Journal, Professor Mary Ellen O'Connell said that a report prepared for Defense Secretary Donald Rumsfeld outlining U.S. laws and international treaties forbidding torture of prisoners seemed "designed to find the legal loopholes that will permit the use of torture against detainees."

Bogus charges, unknowingly paid

May 28, 2004

In the Washington Post, Professor Peter Swire was quoted about American privacy law and how it relates to the Federal Trade Commission accusing two men of attempting to extract more than $10 million from the checking accounts of thousands of individuals for phony discount pharmacy cards that consumers never ordered.


Bioethics expert can discuss ruling on state's assisted suicide law

May 27, 2004

Featured Expert: Marc Spindelman

Professor Marc Spindelman says the decision is cause for concern.


Upping the ante on privacy: House Democrats propose creating privacy czars

May 24, 2004

In Federal Computer Week, Professor Peter Swire said that there needs to be someone inside the White House who is working on privacy issues everyday.


Agog About Google

May 17, 2004

Featured Expert: Dale A. Oesterle

Professor Dale Oesterle looks at the initial public stock offering by Google Inc. in his regular column in the Boulder Daily Camera.


The Controversy over Electronic Voting

May 1, 2004

Featured Expert: Daniel P. Tokaji

On Open Line with Fred Anderle (NPR-820, WOSU AM), Professor Dan Tokaji participated in a discussion of the controversy over electronic voting.


Oesterle: Jury is out on corporate fraud

April 19, 2004

Featured Expert: Dale A. Oesterle

Professor Dale Oesterle discusses Tyco, Martha Stewart, and other recent trials involving corporate fraud in his regular column in the Boulder Daily Camera.


Ohio Sniper Shootings: Indictment says McCoy was gunman in 12 cases; prosecutors pursue possible death penalty

April 2, 2004

Featured Expert: Joshua Dressler

In the Toledo Blade, Professor Joshua Dressler said he believes a plea agreement will be reached in the serial highway shooting case in Central Ohio.


Law doesn't fault shooting suspect's family

April 1, 2004

Featured Expert: Joshua Dressler

In the Cincinnati Enquirer, Professor Joshua Dressler noted that the family of the suspected serial highway shooter was not obligated to tell authorities if they suspected he might be involved.


Canadian Judge: Swapping songs online is legal

April 1, 2004

Professor Peter Swire was quoted in USA Today regarding the ruling by Canadian judge that says Internet file-sharing is legal.


Confidentiality of Women's Medical Records

March 29, 2004

Professor Peter Swire was quoted on ABC's World News Tonight, March 29, 2004, concerning the ongoing litigation about the constitutionality of the new statute banning partial birth abortions. Professor Swire discussed the confidentiality of women's medical records that the Justice Department is claiming it needs in order to litigate the case.


Fingers can do more than walking on Net

March 22, 2004

In the Dayton Daily News, Professor Peter Swire noted that the Internet and computers are a source for making information more widely available.


What is War?

March 17, 2004

Read the recent essay by Professor Mary Ellen O'Connell, "What is War?" published at Jurist.