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.

2006 Media Hits

Ohio Ruling Denying Pay in Job Injury Draws Debate

December 29, 2006

In this New York Times story on an Ohio Supreme Court ruling that upheld a KFC franchise's petition to deny workers' compensation payments to a teenage boy who was severely burned while cleaning a pressure cooker, raising questions from lawyers and the dissenting judges about the basic no-fault tenet of the state’s workers' compensation, Professor James J. Brudney said the decision could upset a balance struck by workers' compensation laws, which offer workers payments without assessing blame and generally preclude an injured worker from suing his employer.


Taft given law-license reprimand; justices OK ethics sanction over failure to report gifts

December 28, 2006

Featured Expert: Arthur F. Greenbaum

Professor Arthur F. Greenbaum is quoted in this Toledo Blade article on Governor Bob Taft being publicly reprimanded by the Ohio Supreme Court for last year's misdemeanor ethics convictions. "A public reprimand is the least severe of the sanctions that might be imposed. A public reprimand plays many functions, but it is clearly embarrassing for any lawyer who receives one. For Governor Taft, the knowledge of a reprimand will be widely noted for the public at large."


Diabetics in the Workplace Confront a Tangle of Laws

December 26, 2006

Featured Expert: Ruth Colker

In this New York Times article on diabetics and disability laws, Professor Ruth Colker said that very few working people with diabetes now find themselves guarded by the law.


Court Overturns Limits on Political Ads, Part of the Campaign Finance Law

December 21, 2006

Featured Expert: Edward B. Foley

In this Herald Tribune (Sarasota, Fla.) story on a three-judge panel overturning a key segment of the campaign finance law that banned issue advertisements paid for by corporate or union money in the critical weeks before federal elections, professor Edward B. Foley said those who want to broadcast such ads are "going to push the envelope. They're going to explore the scope of this exemption."


Cheney Willing to Testify at Libby Trial

December 20, 2006

Featured Expert: Peter M. Shane

Professor Peter Shane is noted in this Washington Post story on Vice President Dick Cheney's willingness to testify in the perjury and obstruction-of-justice trial of his former chief of staff. Shane said Cheney's appearance is unusual because of his aggressive efforts in other matters to protect the executive office from being forced to disclose details of its deliberative process or inner workings.


Professor Shane's "Digital Democracy" Working Group Chosen for National Science Foundation Support

December 20, 2006

Featured Expert: Peter M. Shane

A National Science Foundation-funded initiative to "build and sustain an international digital government research community of practice" has agreed to provide support for an international "digital democracy" research group to be co-chaired by Peter M. Shane, Director, Moritz Center for Interdisciplinary Law and Policy Studies, and Joseph S. Platt - Porter, Wright, Morris & Arthur Professor of Law, and Stephen Coleman, Professor of Political Communication at the Institute of Communications Studies, University of Leeds.

Scarlet Letter Sentencing: Judges may feel more free to craft sentences that suit the crime

December 20, 2006

Featured Expert: Douglas A. Berman

Professor Douglas Berman is quoted in this ABA Journal article on creative sentences issued by judges. Berman says the nation can expect more (creative) sentences as judges feel free to use greater discretion thanks to the U.S. Supreme Court's 2005 decision in U.S. v. Booker. Berman argues there are realities about particular offenders that only a judge looking at an individual offender can appreciate in crafting a sentence.


15% absentee ballot use sets record

December 19, 2006

Featured Expert: Edward B. Foley

Professor Edward B. "Ned" Foley is quoted in this Associated Press article that addresses, among other topics, that a controversial new requirement that voters show an acceptable ID at the polls did not lead to a significant increase in provisional ballots cast. Despite such a small overall increase, there are differences in the percentage of provisional ballots cast and counted from county to county that could suggest the ballots were not handled the same way across the state, said Foley. "I don't think these discrepancies should go unexplained," he said.


Companies see wellness plans as cure to rising costs

December 18, 2006

In this article from the Houston Chronicle, Professor Peter Swire is quoted on the issue of companies using wellness plans to keep health benefit costs down. "Workers are not primarily to blame for rising health-care costs. Monitoring employees' fat intake or other off-duty activities intrudes on employees' lives and privacy," he said. "If employers push the envelope too far, I'd expect to see a political backlash in state legislatures. Current laws might not have foreseen all the scenarios of abuse."


Privacy and the New Congress: A 2007 Preview

December 14, 2006

Professor Peter Swire is quoted extensively in this issue of Inside 1to1 Privacy. Swire said he expects privacy's immediate influence to be in healthcare, where privacy and security provisions of the Health Insurance Portability and Accountability Act (HIPAA) have been all but ignored since the law went into effect four years ago.


Gay marriage amendment case argued

December 13, 2006

Featured Expert: Marc Spindelman

In this Associated Press story that appeared in the Cincinnati Enquirer story on whether Ohio's gay marriage ban prevents domestic violence charges against unmarried people, professor Marc Spindelman said the high court must also grapple with the moral implications of their ruling. "There's something even broader at stake here, which is how much is it possible for the forces of traditional morality in the state of Ohio to commandeer the Constitution of the state through a voter initiative?" he said.


High court to decide impact of gay-marriage ban

December 13, 2006

Featured Expert: Marc Spindelman

Professor Marc Spindelman is quoted in this Canton Repository story about a case in which the Ohio Supreme Court has been asked to decide the impact of Ohio's gay-marriage ban on enforcement of criminal domestic violence statutes. Spindelman said the court's decision "is likely to set a precedent across the country, and may even have a domino effect, especially in those other jurisdictions that have similarly broad marriage amendments on the books." Similar stories also appeared in the Cincinnati Enquirer and the Salem News


Recount confirms Republican won Ohio congressional district

December 12, 2006

Featured Expert: Daniel P. Tokaji

In this Salem News (Ohio) article, Professor Daniel Tokaji said citizens should be cautious in calling this a victory for the Voter Verified Paper Audit Trail, or VVPAT. "The evidence we have suggests that voters very seldom check the paper record, especially in down-ballot races," Tokaji said. "If voters don't check the paper record, and let's suppose there were some sort of software error, the paper record could just be replicating that error." This story also appeared in the Cincinnati Enquirer.


Democrats form corporations; Nonprofits to pay for inauguration activities

December 9, 2006

Featured Expert: Garry W. Jenkins

Professor Garry Jenkins is quoted in this Columbus Dispatch article on incoming Ohio Democrats forming nonprofit corporations to pay for inauguration activities and transitions expenses. "The key issue is public disclosure," said Jenkins. As far as using funds raised by nonprofits for transition costs, Jenkins said a broader public policy question is "whether we want these activities funded by a few select individuals and private sources or whether the expenses should be borne by the public at large."


Lead-paint, lending proposals debated

December 8, 2006

Featured Expert: Gregory M. Travalio

In this Columbus Dispatch article on two controversial proposals that would block cities from suing lead-pigment manufacturers and, some say, weaken a predatory-lending law that takes effect in three weeks, Professor Gregory Travalio said the lawsuits against leadpigment manufacturers are an "unprecedented extension of the public-nuisance law."


Identity Theft: Providence Health's Serious Pain

December 6, 2006

In this Baseline Magazine article on medical identity thefts, Professor Peter Swire said that HIPAA is "pretty much a no-enforcement system. Imagine some other area of law you care about and 20,000 at-bats and zero hits," he says, comparing the number of complaints—more than 23,000—with the number of fines.


Privacy watchdogs urge probe of spying program

December 5, 2006

Professor Swire was among those called to testify by the White House Privacy and Civil Liberties Oversight Board on the Bush administration's program of wiretapping without warrants.


Cell Phone vs. Privacy

December 4, 2006

Professor Peter Swire was a guest on NPR's Talk of the Nation discussing cell phones and privacy. He can be heard in the second 10 minutes of the segment.


The Boss’s Computer

December 3, 2006

Featured Expert: Douglas A. Berman

In this article from The New York Times on the strict punishment for possessing inappropriate pictures on a computer, Professor Douglas A. Berman describes the rationale for these laws: "We punish the kind of possession many concede is not inherently harmful but which contributes to behavior which produces much harm." That is, by stopping buyers, even those who have had no contact with an actual child, we hope to stop sellers, who do exploit children. Is this effective? Tough to prove.


Congress Plans to Address Electronic Voting

December 1, 2006

Featured Expert: Daniel P. Tokaji

On NPR's All Things Considered show on the topic of electronic voting, Professor Daniel P. Tokaji said "the most important thing for Congress is to take a deep breath. Passing paper trails at this stage, based on what we know right now is really fool's gold. It may provide an initial sense of confidence. But that confidence won't be long-lasting unless we resolve some deeper issues." Issues such as adequate poll worker training and better voter access.


E-mails show close friendship gone sour

November 29, 2006

Featured Expert: Martha Chamallas

In a Columbus Dispatch story about sexual harassment suits between a school board member and the district's superintendent, Professor Martha Chamallas says that earlier welcomed behavior is relevant when a relationship turns sour. However, she notes that later forms of behavior could be harassment.


Businesses Complain of Nuisance Suits

November 28, 2006

Featured Expert: Ruth Colker

Professor Ruth Colker is quoted in this Associated Press story on the number of lawsuits filed citing ADA non-compliance. "Sure, someone is making money off of these lawsuits," said Colker. "But the problem with this statute is that there is no effective enforcement mechanism if we don't have these kinds of lawsuits."


Hail to the chief

November 26, 2006

Featured Expert: Peter M. Shane

Professor Peter Shane is quoted in this Boston Globe story on Vice President Dick Cheney's push for more executive powers. Shane predicted that Cheney's long career of consistently pushing against restrictions on presidential power is likely to culminate in a series of uncompromising battles with Congress. "Cheney has made this a matter of principle," Shane said. "For that reason, you are likely to hear the words 'executive privilege' over and over again during the next two years." This story also appeared in the San Francisco Chronicle.


The "Helpers" Want Your House

November 26, 2006

Featured Expert: Creola Johnson

In this Wall Street Journal story on foreclosure rescue scams, Professor Creola Johnson says that a total of 10 states have legislation in place to deter foreclosure-rescue fraud. See also The Foreclosure 'rescue' scams are on the rise (The Morning Call).


Cages' prosecutor tough on own kids or strict with own kids

November 23, 2006

Featured Expert: Katherine Hunt Federle

Professor Katherine Federle is quoted in this Cleveland Plain Dealer article on the parenting examples used by Huron County Prosecutor Russ Leffler in the case against two parents charged with child-endangering after caging their children. Federle said many lawyers use tactics like Leffler's during trials. "It's a strategy to show that he is a normal person who makes mistakes," she said. But Leffler, Federle said, might have gone too far. "It is unusual," she said. "It sounds as if he is confessing."


Experts say revotes rare, but possible

November 22, 2006

Featured Expert: Steven F. Huefner

Professor Steven F. Huefner is quoted in this Bradenton Herald (Fla.) story on the possibility that several voters could win their court demands for a revote in the disputed 13th Congressional District election. "It's a rare remedy to call for a new election," said Huefner. "Courts are pretty reluctant to order new elections unless they have sufficient evidence that the election results are unreliable."


Vote finally will be final on Nov. 27

November 17, 2006

Featured Expert: Daniel P. Tokaji

In this Columbus Dispatch article on the Ohio's still-undecided congressional race and three other close contests, Professor Daniel P. Tokaji said meeting the new deadlines will depend on how many provisional ballots are disputed by observers. The winners are to be announced November 27, one day before the deadline.


Experts: 15% undervote in 2000 isn't comparable

November 15, 2006

Featured Expert: Daniel P. Tokaji

In this Herald-Tribune (Sarasota, Fla.) story on the 13th Congressional District race and the number of undervotes in Sarasota County, Professor Daniel P. Tokaji said "I think it's dicey to compare this year to past years."


Will Tort Reform Fade as New Priorities Emerge for Congress?

November 14, 2006

Featured Expert: Douglas A. Berman

Professor Douglas Berman is quoted extensively in this story from The National Law Journal on the possible changes the new Congress will make to sentencing guidelines.


Blogs and the bench

November 13, 2006

Featured Expert: Douglas A. Berman

American Public Media's Future Tense cites Professor Douglas Berman's Sentencing Law and Policy Blog as "one of the most often cited blogs."


How did we end up here again?

November 12, 2006

Featured Expert: Daniel P. Tokaji

In this Herald-Tribune (Sarasota, Fla.) story on the Florida elections and recounts, Professor Dan Tokaji said faith in paper ballots is misplaced. He argues that voting systems as a whole, and touch-screens in particular, are a quantum leap ahead of punch-card systems. "We've made a lot of progress on technology," said Tokaji. "We are better off in 2006 than in 2004 and were better in 2004 than in 2000."


Problems "sporadic, not systemic," in otherwise smooth election

November 8, 2006

Featured Expert: Terri L. Enns

Professor Terri Enns described voting problems as "sporadic, not systemic" in this Associated Press story from The Beacon Journal. "Those complaints we heard about in 2004 on a widespread basis just didn't happen," Enns said. "Preparation was perhaps a little better both on the part of voters and on the part of poll workers."


Election Spawns New Hope for Tech

November 8, 2006

Professor Peter Swire is quoted in this Wired News story on the election results and technology. Swire claims the fallout from Tuesday's election will not come in the whip count, but in the Democrats taking over committees in the House and Senate, where they can dust off the subpoena and hearing powers left largely unused by the Republicans. "For instance, Congress canceled the Total Information Awareness program, but the program seems to be continuing under other names," Swire said. "So with control of even one house, the Democrats can issue subpoenas and right now the biggest single power of being in the majority is power to issue subpoenas."


Noe case headed to jury today

November 7, 2006

Featured Expert: Dale A. Oesterle

In this Columbus Dispatch article on the Tom Noe case, Professor Dale A. Oesterle said that it's rare for the defense in a criminal trial to rest without calling any witnesses. Although Noe's attorneys were able to respond to the charges through their questioning of state witnesses on cross examination, defense attorneys typically try to give a jury an alternative to the prosecution's version of events to raise reasonable doubt, Oesterle said. "Either the lawyers are confident they can show that prosecutors have failed to prove their case, or they don’t have an alternative story," he said.


Bush's legacy on line in US vote

November 7, 2006

Featured Expert: Steven F. Huefner

In this Independent Online story on the election, Professor Steven Huefner is quoted. "We're hearing isolated, scattered things having to do with machine malfunction, some reports... in terms of voter suppression and intimidation," said Huefner. "It's still pretty early, but I'd hoped things would be little smoother."


Election Day forecast: Problems likely

November 6, 2006

Featured Expert: Edward B. Foley

In this Columbus Dispatch story on the possibility of election problems, Professor Edward B. "Ned" Foley said that "Requesting a recount in a search for problems with the election may turn into a self-fulfilling prophecy."


Blue, red, bourbon or gin?

November 3, 2006

Professor Peter Swire was a guest on the Minnesota Public Radio show Midmorning addressing the topic of a voter's profile and consumer preferences predicting a political leaning.


Delays loom in counting ballots

November 2, 2006

Featured Expert: Daniel P. Tokaji

Professor Daniel P. Tokaji is quoted in this USA Today story on the possibility that election results could be delayed for days or weeks. "With so much attention focused on pre-election barriers, we've almost forgotten about things that could cause problems on and after Election Day," said Tokaji. "Provisional ballots are at the top of that list."


Close races to magnify problems at the polls

November 2, 2006

Featured Expert: Daniel P. Tokaji

In this Newsday article, Professor Daniel P. Tokaji said, "I don't want to paint a doomsday scenario," but he notes that paper records to be used for Ohio recounts are prone to crumpling and misprints in new voting machines. "We don't know how easy it's going to be to recount these races," he said.


More states ask voters to show ID

October 31, 2006

Featured Expert: Daniel P. Tokaji

Professor Daniel P. Tokaji is quoted in this Chicago Tribune article on more states asking voters for ID. Election law experts say there is little evidence of significant U.S. vote fraud in person and that absentee balloting presents more opportunity for cheating. "To the extent there is evidence of fraud, it's in absentee voting," said Tokaji.


Ohio Election Rules in Limbo a Week Before Vote

October 31, 2006

Featured Expert: Edward B. Foley

Professor Edward B. "Ned" Foley was interview on NPR's "All Things Considered" during a featured segment on the Ohio Voter ID controversy. Professor Foley's quote is heard at approximatley three minutes and 40 seconds into the segment.


Battle for the ACLU

October 30, 2006

Featured Expert: David A. Goldberger

In this USA Today Opinion column, Professor David Goldberger's work as the former legal and legislative director of the ACLU of Illinois and his current dealings with the ACLU are mentioned.


Full Court May Weigh Taxation of Damages

October 30, 2006

Featured Expert: Allan J. Samansky

Professor Allan Samansky was quoted in this National Law Journal story covering the case where the DC Circuit held that taxation of damages for defamation and damage to reputation was unconstitutional because it violated the 16th Amendment. "I would say it's an outrageous opinion," said Samansky. "There's an old case-Eisner v. Macomber, 252 U.S. 189 (1920)-where the Supreme Court used the 16th Amendment to say a tax was unconstitutional because what was being taxed was not income. But since then, no court has decided it's up to the courts to use the 16th Amendment to make judgments about what is income. Those are the type of issues that Congress decides. This second-guessing of Congress will undoubtedly make the law more complicated, uncertain and just messy with no benefit." The full D.C. Circuit, he added, should hear the case and reverse. (subscription required)


Gerrymandering makes takeover tough

October 28, 2006

Professor James J. Brudney is quoted in this Seattle Post-Intelligencer story on the lack of competitive House races in Michigan. The Supreme Court has restricted states from drawing districts that dilute the influence of minority voters, but states have a lot of freedom to gerrymander based on politics, said Brudney. "What the parties are doing to privilege themselves and to privilege incumbents is something that the court has been singularly unwilling to interfere with." Also see Partisan districting makes Congress takeover tougher in The China Post.


Experts see possible problems with voting , officials debate election outcome

October 28, 2006

Featured Expert: Edward B. Foley

In this story in The Times-Reporter (New Philadelphia, Ohio), Professor Edward B. "Ned" Foley is quoted. "I don't think it (voter ID controversy) will end on Nov. 7," said Foley. Also see Experts debate Ohio election outcome in The Repository (Canton, Ohio).


New Voting Systems Face Midterm Exam

October 26, 2006

Featured Expert: Daniel P. Tokaji

In this Wall Street Journal story on new voting technology that will be used in the upcoming election, professor Daniel P. Tokaji is quoted. In a disputed election it could be days or weeks before a winner is declared. "That's not going to enhance voter confidence; it will diminish it," says Tokaji.


Reaction to New Jersey's Supreme Court ruling on gay marriage

October 25, 2006

Featured Expert: Marc Spindelman

Professor Marc Spindelman is quoted in this Newsday article that provides reaction to New Jersey's Supreme Court ruling that homosexuals are entitled to the same rights as heterosexuals, but leaving it to lawmakers to legalize same-sex unions. "There will undoubtedly be those who think a civil unions arrangement is a separate but equal situation. But there will also be those who think 'separate but equal' is too good," said Spindelman.


Election could affect IT programs

October 23, 2006

In this Government Computer News article on the upcoming election, Professor Peter Swire says that Democrats likely would seek stronger privacy enforcement over health data use under the Health Insurance Portability and Accountability Act and will be cautious about implementing electronic health records without credible security and privacy. "To date, we have 20,000 HIPAA privacy complaints but zero civil enforcement actions by the Health and Human Services Department," Swire said. "Government IT has become so important and there are so many possible privacy and security problems that it makes sense to have greater accountability."


Noe’s lawyer says it was all legal

October 17, 2006

Featured Expert: Dale A. Oesterle

Professor Dale Oesterle is quoted in this Columbus Dispatch article on Tom Noe's case. Oesterle, who reviewed Noe's operating agreement and other supporting documents recently for The Dispatch, said the contract is fairly standard and does include provisions to limit Noe's liability. But if the state proves there was theft, no contract allows that, Oesterle said. "None of those provisions sanction the use of assets for personal use," he said.


Challenge to gay marriage ban makes some unlikely bedfellows

October 16, 2006

Featured Expert: Marc Spindelman

Professor Marc Spindelman is quoted in this Middletown Journal article on a case (State v. Carswell) the Ohio Supreme Court will hear in December that argues Ohio's 27-year-old domestic-violence law conflicts with the new gay-marriage ban.


Voters weigh proposal to boost minimum wage

October 15, 2006

Featured Expert: L. Camille Hébert

In this Toledo Blade article on Issue 2, Professor L. Camille Hébert characterized the opposition's privacy claims as "disingenuous." "It doesn't mean that an interested person is some stranger off the street," she said. "'Interested person' has a legal meaning. It's someone who has a legal right and interest. I don't really believe that the result will be a lot of private information floating around out there, certainly not more than is already available in certain public records."


Oesterle: The battleship is turning

October 15, 2006

Featured Expert: Dale A. Oesterle

In his regular column for the Boulder Daily Camera, Professor Dale Oesterle writes about the indication that shareholders slowly are gaining a degree of control in American corporations.


Child advocates’ testimony on trial

October 10, 2006

Featured Expert: Sharon L. Davies

Professor Sharon Davies is quoted in this Columbus Dispatch story on social workers speaking for kids. Davis said the exception for medical purposes "already implicitly assumes that those talking to their doctors are competent. The person seeking treatment or a diagnosis knows what happened ... and is probably the most competent person to be making those kinds of statements to a medical professional." Further, she said the exception fits a recent U.S. Supreme Court ruling that allows such testimony if the victim does not know the statement would likely be used in court. "It’s hard to believe a child could make that connection," she said, "especially the very young."


Legal Case Against Foley Could Be Tricky to Build

October 5, 2006

In a Los Angeles Times story about the possible legal case against Rep. Mark Foley, Professor Peter Swire says that some courts have held that words are not enough to constitute criminal conduct. "One question is whether mere conversation is enough to meet the federal statute," Swire said, adding that some courts could find that speech is protected under the First Amendment.


Haunted amusement shut down

October 4, 2006

In this Middletown Journal story about the closing of a haunted house, the building owner recorded conversations with the building inspector and plans to use them in court, but the inspector believes the recordings cannot be used. Professor Peter Swire disagreed, saying it is legal to tape conversations in Ohio as long as one person is aware it is occurring.


Opposing view: Checks already in place

October 3, 2006

Featured Expert: Dale A. Oesterle

Professor Dale Oesterle wrote an op-ed that appeared in USA Today on hedge funds. "Hedge funds take huge risks, and inevitably some will fail. A hedge fund failure is not a national calamity, it is a natural and to be expected part of the industry."


Maybe election day won't be a fiasco after all

September 27, 2006

Featured Expert: Edward B. Foley

Professor Edward B. "Ned" Foley is quoted in this article from The Christian Science Monitor that covers the potential problems in the upcoming elections. Foley says the dynamic has now shifted, for partisan and strategic reasons, to sue first, ask questions later. "You don't need a close race plus problems," he says. All you need is "a close race plus lawyers.... But just because there's smoke, it doesn't mean there's necessarily fire."


State Judge Voids Georgia Law Requiring a Photo ID of Voters

September 20, 2006

Featured Expert: Daniel P. Tokaji

Professor Daniel P. Tokaji is quoted in this New York Times article on a state judge ruling that a Georgia law requiring voters to present government-issued photo identification violates the State Constitution and could not be enforced. "This is really a vote-suppression measure," said Tokaji. "There's very little evidence for the proposition that people are going to the polling place and pretending to be someone else."


Missouri, other states grapple with new voting requirements

September 16, 2006

Featured Expert: Daniel P. Tokaji

Professor Daniel P. Tokaji is quoted in this St. Louis Post-Dispatch story on legal battles over voter identification laws. According to Tokaji, the voter ID requirements, along with the new registration rules "could have a potentially enormous impact on elections and could unquestionably swing the results of elections one way or the other.".


Voter ID rules face challenges

September 12, 2006

Featured Expert: Daniel P. Tokaji

In this UPI article on recent legal battles over voter identification laws, Professor Daniel P. Tokaji is quoted. "With voter ID and registration, this is where the current battles over election practices are now being fought," said Tokaji.


Personal information becomes post-9/11 target

September 8, 2006

Professor Peter Swire was interviewed on NPR's Marketplace on how in the five years since the Sept. 11 attacks, access to personal data has changed dramatically. Both audio and a transcript are available.


In drug searches, Columbus police usually find what they're looking for

September 5, 2006

Featured Expert: Joshua Dressler

In this Columbus Dispatch article on the success rate of drug seraches by Columbus police, Professor Joshua Dressler said 80 percent is an excellent success rate, but he cautioned against broad, formulaic language in warrants. That might violate a person's Fourth Amendment protection against unreasonable searches, he said. "I worry that it does mean the police are given authority to search areas of a person's home that perhaps they shouldn't be allowed," he said.


Ex-Partner's Lawsuit Highlights Title VII Issues

September 1, 2006

Featured Expert: L. Camille Hébert

Professor L. Camille Hebert is quoted in this Law.com article on Title VII. Hebert said that the test the court would use to determine the validity of a Title VII claim is the same as the one the 7th U.S. Circuit Court of Appeals used in the Sidley Austin decision and that the U.S. Supreme Court used in another case. "I think what the court ultimately is saying is that the bigger you are, the less you look like what we think of as a traditional partnership," Hebert said.


A question of impartiality

August 31, 2006

Professor Peter Swire wrote an op-ed for the Detroit Free Press on the new conflict of interest allegations against federal Judge Anna Diggs Taylor. He states they are wrong and can cause serious mischief if allowed to stand.


Ministers back Blackwell, challenge IRS

August 29, 2006

In a Columbus Dispatch article about Christian ministers publicly announcing their endorsement for Secretary of State Ken Blackwell for governor and challenging an IRS crackdown on political activities by churches, Professor Donald Tobin said he saw nothing improper. He said the event was not held on church property and didn't employ church resources and the pastors emphasized they were speaking as individuals. "My call if I were their lawyer is that what they're doing is OK," Tobin said. "I think it's really important for those of us who don't like active involvement of churches in politics to recognize that there are still First Amendment issues that allow these pastors to speak out. And maybe it's an important thing for voters. Why is it bad for voters to know that these people ... support Ken Blackwell?"


Voting machines pass review

August 23, 2006

Featured Expert: Daniel P. Tokaji

In this Columbus Dispatch story, Cuyahoga County election officials and Diebold said they have resolved vote discrepancies identified in an independent study by Election Science Institute of the company's electronic touch-screen machines — thus proving that the system is accurate. Professor Daniel P. Tokaji noted that nearly 10 percent of the paper receipts that the institute studied were blank or otherwise unreadable, and that's a problem because Ohio law requires that the paper receipts from touch screens be used in any recount.


Would-be candidate claims law unfairly restricts independents

August 21, 2006

Featured Expert: Terri L. Enns

In the Associated Press story from The Beacon Journal (Akron, Ohio), Professor Terri Enns said independents aren't able to perform any legally defined "affirmative acts," such as voting in a primary or serving on a party committee.


Oesterle: Addressing high-cost IPOs

August 20, 2006

Featured Expert: Dale A. Oesterle

Professor Dale Oesterle discusses high-cost IPO's in his regular column in the Boulder Daily Camera.


Confession questioned

August 19, 2006

Featured Expert: Sharon L. Davies

Professor Sharon Davies was quoted in this Associated Press story that appeared in the London Free Press on the confession of John Mark Karr in the JonBenet Ramsey murder. "He seemed convinced that what he said would make him guilty of a lesser crime," said Davies. This quote also appeared in "More questions arise in JonBenet case" (WIStv.com - Columbia, S.C.) and "Questions arise from suspect’s claims in JonBenet Ramsey case" (The Tribune - Greeley, Colo.).


Did Karr kill JonBenet? Innocent have falsely confessed before

August 19, 2006

Featured Expert: Sharon L. Davies

In this Associated Press story from The Albuquerque Tribune on the confession of John Mark Karr in the JonBenet Ramsey murder, professor Sharon Davies is noted as saying that the assertion may be an attempt to avoid charges of first-degree murder. Her comments also appeared in "Did he really kill JonBenet?" (Detroit Free Press).


A '600-pound gorilla' looms large - DNA

August 18, 2006

Featured Expert: Sharon L. Davies

In a Rocky Mountain News story on the concern that John Mark Karr's confession in the murder of JonBenet Ramsey is false, professor Sharon Davies says that most people confess to crimes because they committed the crimes. "Nothing gets as high profile as JonBenet," Davies said. "In these cases, one can get information about the crime from watching the news."


Suspect's answers raise questions about credibility

August 18, 2006

Featured Expert: Sharon L. Davies

Professor Sharon Davies' comments are noted in this USA Today story on the confession of John Karr in the JonBenet Ramsey murder. Davies said the timing of Karr's statements don't seem to fit the classic model of a liar — a suspect who gives false information shortly after the crime, usually after intense questioning over an extended period.


Election Law at the High Court: Big Cases Leave Little Footprints

August 18, 2006

Featured Expert: Edward B. Foley

Professor Edward B. Foley wrote an op-ed for Law.com on the United States Supreme Court's three major decisions on election law this year.


Is It Fair?

August 17, 2006

Featured Expert: Joshua Dressler

In this Columbus Dispatch article on the fairness of a judge's decision to allow two convicted Kenton (Ohio) high-school athletes to delay a juvenile-detention stay until after football season, professor Joshua Dressler said the whole point of juvenile law is rehabilitation, not retribution. "One of the difficult things for any judge when sentencing a child is trying to figure out what will make that person change their behavior in the future," he said. "Sometimes you run the risk that if you treat the defendant leniently, that it will send the wrong message, that it will say, 'You don't have to take responsibility.'"


Romney aided conservative groups

August 17, 2006

Professor Donald Tobin is quoted in this Boston Globe story on Massachusetts Governor Mitt Romney's private foundation giving $50,000 in 2005 to two prominent conservative think tanks that have provided him with a platform as he readies for a potential run for president. "There is a political interest here that says why is Mitt Romney now giving his money to the Heritage Foundation and what is he trying to accomplish?" said Tobin. "But if I were a Republican candidate, it would absolutely make sense to give money to organizations that would promote issues I support."


Voting machines risky, study concludes

August 16, 2006

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji's comments are included in this Columbus Dispatch story on a new study by Election Science Institute (ESI) which raises serious questions about whether Diebold touch-screen voting devices used in more than half of Ohio's counties produce accurate results. Tokaji noted the findings of numerous blank, smudged or missing paper receipts and said the discrepancies don't necessarily mean the electronic votes are wrong. The state passed a law in 2004 mandating use of the paper receipts to verify electronic votes, but Tokaji said that law needs to be re-examined, the machines upgraded, or both before the November election.


Has Bush v. Gore Become the Case That Must Not Be Named?

August 15, 2006

Featured Expert: Daniel P. Tokaji

In a New York Times editorial by Adam Cohen maintaining that Bush v. Gore should become "a force for good," Professor Daniel Tokaji's brief from a pending Sixth Circuit case is cited directly. The case involves an equal protection challenge by Ohio voters to a disparity in voting machines; it has been taken up en banc after a Sixth Circuit panel had agreed with Tokaji's position that the Ohio election system was unconstitutional.


Ney's Formal Withdrawal Sets Clearer Stage For House Race

August 15, 2006

Featured Expert: Daniel P. Tokaji

In this Associated Press story, Professor Daniel Tokaji agreed with Ohio Republican Attorney General Jim Petro's analysis that the sore loser law does not apply to someone in Joy Padgett's situation. "I certainly think she has the better of the arguments and I would be surprised if the Democrats can knock her out," Tokaji said.


'Sex offenders can't live here'

August 15, 2006

Featured Expert: Michael Braunstein

Professor Michael Braunstein is quoted in this article in The Morning Journal (Lorain, Ohio) about an Avon Lake (Ohio) subdivision's efforts to bar sex offenders from living there. Braunstein agreed that the rule appeared to be legal, though he cautioned this is a new area of the law. "I don't think ex-convicts in general and sex offenders in particular are one of the protected groups," he said. "The thing that the courts have to struggle with is that you're free to discriminate, but if everybody discriminates, where are we going to put these people?"


Secretaries of state: Flashpoint in '06?

August 12, 2006

Featured Expert: Edward B. Foley

In this article on Stateline.org that addresses the issue of whether a secretary of state can guarantee a fair election while also running for office, Professor Edward B. "Ned" Foley says "There is such an inherent conflict of interest there that states should think of alternatives. It would be wise for states with elected secretaries of state to revisit the question whether there is a better way to do it."


Ashcroft Finds Private-Sector Niche

August 12, 2006

Professor Peter Swire is quoted in this Washington Post story that looks at John Ashcroft's lucrative consulting business that works closely with homeland security. "In an era of unprecedented collection and sharing of data between the government and the private sector, 'we need checks and balances to match that paradigm shift,' said Swire."


Padgett prepares to move ahead

August 11, 2006

Featured Expert: Terri L. Enns

Professor Terri Enns said in this Times Reporter (New Philadelphia, Ohio) story that her interpretation of applicable Ohio law supports Joys Padgett's eligibility despite reports that the state's so-called "sore-loser provision" could block it.


Padgett prepares to move ahead

August 11, 2006

Featured Expert: Daniel P. Tokaji

In this Times Reporter (New Philadelphia, Ohio) article on Joy Padgett's eligibility to run in place of Bob Ney, Professor Daniel Tokaji's Equal Vote blog is cited. In the blog, he says he's "arrived at the tentative conclusion Ohio law wouldn't prohibit Padgett from seeking Ney's seat" whether by special election or appointment. "It's pretty clear that the 'sore loser' statute wouldn't apply," he wrote. "Sen. Padgett may have been a primary election loser, but she isn't a sore loser."


Breeding injustice

August 10, 2006

Featured Expert: Ruth Colker

Professor Ruth Colker is quoted in this article that appeared in The Phoenix on how "fit" people are today. Colker has observed the long-lasting effect of legal "unfitness." "These exclusions continue today," Colker says. "Twenty-six states proscribe voting by persons labeled idiotic, insane or non compos mentis. Only ten states permit citizens to vote irrespective of mental disability." With the advent of same-sex marriage prohibitions, new restrictions rooted in people's biological "incapacities" have reared their ugly heads once again.


After Ney exit, Padgett faces ballot hurdles

August 9, 2006

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji agreed that it would depend on how the statute is interpreted on whether Joy Padgett, Rep. Bob Ney's hand-picked successor, is eligible to run for his seat in the fall in this story that appeared in The Hill.


Ohio law may complicate GOP plans in choosing Ney replacement

August 8, 2006

Featured Expert: Terri L. Enns

In this Associated Press story that appeared in the Akron Beacon Journal, Professor Terri Enns is quoted on the possibility that county party officials could appoint a replacement to run in the general election if Bob Ney were to wait until after the 80-day window. That would avoid the need for a primary and could be a way around the "sore loser" law, which is silent about candidates who are appointed, said Enns "There's going to be a court battle. That's the thing I can be most sure of," she said. The story also appeared in The News-Sentinel (Fort Wayne, Ind.) and Contra Costa Times (San Francisco).


Smoking ban swayed jury's decisions, appeal argues

August 6, 2006

Featured Expert: Joshua Dressler

Professor Joshua Dressler is quoted in this Columbus Dispatch article about an appeal based, among other allegations, that the trial court's decision to forbid jurors to smoke during deliberations in a Licking County murder trial caused a rush to judgment. "It's a great argument in the sense it's very creative," said Dressler. "One of the difficulties that will exist in this case is there is no hard evidence. It is speculative that the request to smoke would cause the jurors to change their vote." Also see the Associated Press story (via the Cleveland Plain Dealer), Death row inmate's appeal cites ban on juror smoking.


Confusion Looms As Factor That Could Bedevil November 7 Election

July 31, 2006

Featured Expert: Daniel P. Tokaji

In this Ergonomics Today article, Professor Daniel Tokaji's quote from an article in The Philadelphia Enquirer about Ohio's new law requiring identification for voters at the polls is printed. "It will probably result in some people's votes not being counted," Tokaji said.


Blackwell delegates state work as election approaches

July 30, 2006

Featured Expert: Edward B. Foley

Professor Edward B. "Ned" Foley is quoted in The Mercury News (San Jose, Calif.) on Ohio Secretary of State Ken Blackwell's role in the 2006 election. Foley said Blackwell should make his policy on which duties he is delegating clear before the November election, in the event of a recount or other problem. "You don't want a situation where, after a particular controversy has developed, his refusal to step aside can be attacked as being influenced by political calculations," Foley said.


Gay-marriage advocates grapple with their next course of action

July 30, 2006

Featured Expert: Marc Spindelman

In this article in The Seattle Times, Professor Marc Spindelman said "The strategies that have been pursued to achieve legal recognition for gays to marry have proceeded along multiple tracks over the last 30 years. Some portion has been legislatively oriented, some judicial and some cultural — and there were victories and setbacks on all three fronts."


Gay-marriage advocates grapple with their next course of action

July 30, 2006

Featured Expert: Marc Spindelman

In this article in The Seattle Times, Professor Marc Spindelman said "The strategies that have been pursued to achieve legal recognition for gays to marry have proceeded along multiple tracks over the last 30 years. Some portion has been legislatively oriented, some judicial and some cultural — and there were victories and setbacks on all three fronts."


Feds seek to trump state’s inquiry into phone records

July 26, 2006

Professor Peter Swire is quoted in the Kansas City Star story on the Bush administration's lawsuit to stop sued two Missouri state regulators from trying to find out whether AT&T turned over customer records to the National Security Agency. "State regulators are supposed to protect citizens against illegal wiretaps and other phone problems," said Swire. "These efforts to learn what the phone companies did will tell us how the law is being followed."


E-Health Gaffe Exposes Hospital

July 25, 2006

Professor Peter Swire is quoted in a WiredNews story about electronic prescription writing. "E-prescribing is a leading sector for electronic health records," says Swire. "Improper medication lists are by far the biggest source of medical errors -- there's drug-interaction problems, there's incorrect dosage problems. The single biggest saving from e-health is from e-prescriptions." Swire added that "the leak of customer information might run afoul of HIPAA, the federal electronic medical record keeping law, but that the organization in charge of enforcing the law's privacy protections has not been fiercely active."


For FTC, e-commerce means managing 'mice'

July 25, 2006

In a story on Monsters and Critics.com (Glasgow,UK), Professor Peter Swire states that the Internet's problem of consumer confidence is zoological. He breaks down e-players as either elephants - hulking powerhouses like Amazon.com and eBay - or mice - disparate, small-scale and barely visible.


The Game's Not Over / Round 2: Anderson's woes may worsen if he won't testify before new grand jury

July 21, 2006

Featured Expert: Joshua Dressler

Professor Joshua Dressler is quoted in a San Francisco Chronicle story on the investigation surrounding Barry Bonds. Dressler said the high visibility of the Bonds case is no doubt influencing the government's desire to operate cautiously, which may be one of the reasons prosecutors did not seek an indictment from the first grand jury.


Ohio's Coming Electoral Meltdown

July 21, 2006

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji is quoted in this article from The Nation and appeared on AlterNet.com about Ohio and voting machines. "If the federal government thinks it can give onetime-only grants, it is wrong," said Tokaji. "There needs to be ongoing federal attention."


Government Data Thefts Raise Privacy Protection Concerns

July 18, 2006

Quoted in a FoxNews.com story on the recent date thefts from government entities, Professor Peter Swire talks about the dilemma the Justice Department is in by asking companies like Google to maintain search records for up to two years in an effort to combat child pornography and other predatory Internet crimes.


Departing DHS privacy officer says she had support from top

July 17, 2006

In a Government Executive story on the departure of Maureen Cooney, acting chief privacy officer at the Homeland Security Department, Professor Peter Swire said the fact that the position has not been filled on a permanent basis is evidence that "the Bush administration values surveillance more than privacy."


Emergency alerts shift to digital age

July 11, 2006

In this Dallas Morning News story on the government's plan to ping cellphones and post messages on web sites to warn Americans of impending disasters, Professor Peter Swire questioned whether the alerts might "be like spam or a telemarketing call" to people who don't want to receive the government warnings.


Web Sites Make Personal Information Available: Sites Offer Information For A Fee

July 7, 2006

In a NBC 4 (WCMH, Columbus) story about the availability of personal information on the Internet, Professor Peter Swire said that there are public records that shouldn't be on the Internet.


2 Top Courts Rule Against Gay Marriage

July 7, 2006

Featured Expert: Marc Spindelman

In an Associated Press story printed in Forbes about decisions in New York and Georgia to reject same-sex marriage, Professor Marc Spindelman said, "It's hard to read the decision as anything other than a rebuff of gay and lesbian couples." Also see New York, Georgia Courts Reject Same-Sex Marriage Cases (Post-Journal, Jamestown, N.Y.), N.Y., Georgia courts uphold gay-marriage bans (WFAA.com, Dallas-Fort Worth); and Marriage for gays rejected in 2 states (Detroit Free-Press)


Online pioneers defend high-tech liberties

July 6, 2006

Professor Peter Swire said that the Electronic Frontier Foundation (EFF) serves as the lawyers for the open vision of the Internet in a San Mateo Daily Journal story about the organization.


Supreme Court's Current Term Has Proved Tough on Defendants

July 5, 2006

Featured Expert: Joshua Dressler

Professor Joshua Dressler is quoted in a Wall Street Journal story about the U.S. Supreme Court's rejection of the Guantanamo Bay military tribunals. (subscription required)


Justices\' fractured rulings uncloak deep divisions

July 2, 2006

Featured Expert: Douglas A. Berman

In an Associated Press story (printed in the Denver Post), Professor Douglas Berman is quoted about the end of the U.S. Supreme Court term. Professor Berman said that this was a closely divided court on a lot of issues that couldn\'t help but express genuine disagreements on the way critical legal issues ought to be examined. See also Early Supreme Court consensus gives way to fractured rulings (Houston Chronicle), Supreme Court can\'t hold consensus long (Coos Bay World, Oregon), More conservatism, not more harmony on Supreme Court (The Olympian, Washington), High court quickly grew contentious (St. Petersburg Times, Florida), Early Supreme Court consensus fades (Sacramento Bee)

Major changes, rulings mark Supreme Court term: Balance of power tipped to Kennedy, analysts contend

July 2, 2006

Featured Expert: Douglas A. Berman

In a Reuters article printed in the Boston Globe about the recently-completed term of the U.S. Supreme Court, Professor Douglas Berman said that the court revealed that it is still deeply divided over whether and how it should be actively involved in the regulation of capital punishment. See also US top court term: two new members, major rulings (Reuters AlertNet) and US top court term: two new members, major rulings (Washington Post, July 1, 2006).


Supreme Court upholds most of Texas' redistricting plan

June 28, 2006

Featured Expert: Edward B. Foley

Professor Edward B. (Ned) Foley is quoted in this San Jose Mercury News story about the U.S. Supreme Court decision on Wednesday that upheld most of a controversial plan that drew new lines for Texas congressional districts.


Justices Reject Campaign Limits in Vermont Case

June 27, 2006

Featured Expert: Edward B. Foley

In a New York Times story about the U.S. Supreme Court decision that ruled Vermont's limits on campaign contributions and on campaign spending by candidates are unconstitutional, Professor Edward B. (Ned) Foley is quoted.


Kansans on death row wait for court's ruling

June 26, 2006

Featured Expert: Douglas A. Berman

Professor Douglas Berman is quoted in this story about the anticipated ruling by the U.S. Supreme Court in a case that will likely decide whether prosecutors can pursue death sentences against two alleged killers.


EFF Expands Influence on Digital-Rights Frontier

June 23, 2006

Professor Peter Swire is quoted on the National Public Radio program Day to Day about the Electronic Frontier Foundation. He says that the EFF has made strides in protecting on-line rights, but it has its limitations.


IT leaders team up to lobby Congress for privacy law

June 20, 2006

SC Magazine (U.K.) quotes Professor Peter Swire in a story about the Consumer Privacy Legislative Forum, which is lobbying for a detailed federal privacy law.


Consumers are King

June 20, 2006

A story at the Center for American Progress site details Professor Peter Swire's testimony before Congress regarding federal consumer privacy legislation. He represented the newly formed Consumer Privacy Legislation Forum. A link to his testimony is included.


Investigating data brokers

June 20, 2006

On National Public Radio's Marketplace, Professor Peter Swire said that under federal law, the government has to use legal means to get people's phone records. But he notes that it appears that the data centers fraudulently obtain personal information and then hand it over to police.


Pitt students find landlords slow to make repairs in off-campus apartments

June 18, 2006

The Student Housing Clinic, which is co-sponsored by the Moritz College of Law at The Ohio State University, is featured in an article about student housing issues at the University of Pittsburgh. Clinic Director, Susan Choe, is quoted.


Corporation Lawyers and Public Privacy

June 12, 2006

Professor Peter Swire is interviewed on National Public Radio's Morning Edition.


Is data retention secure?

June 12, 2006

In an op ed piece in Federal Computer Week (FCW.com), Professor Peter Swire says that the government needs to address serious information and national security questions.


Opening up records to police

June 12, 2006

In a Marketplace (American Public Media) story about a proposed law in Rhode Island that would give police unrestricted access to phone and Internet records, Professor Peter Swire said there are no safeguards built in about how the records will be used.


Legality of Bush's wiretapping faces court challenge

June 11, 2006

In a Financial Times (FT.com) story, Professor Peter Swire said that it might be difficult for Congress to reach consensus on legislation.


Lax Enforcement Puts Medical Patients' Records At Risk

June 5, 2006

In a story about the lack of civil fines or prosecuted criminal cases as a result of the violation of privacy laws, Professor Peter Swire said that the Securities and Exchange Commission, the Federal Trade Commission find significant and high-profile cases and send a message to industry about what is permitted and what isn't. (Also see the Fort Wayne Journal Gazette)


Several factors influence sentences

May 26, 2006

Featured Expert: Douglas A. Berman

In a USA Today story about the possible sentences that will be handed to Ken Lay and Jeff Skilling, Professor Douglas Berman, an expert in federal sentencing, is quoted.


Disclosing records clearly illegal

May 21, 2006

In an op ed piece in the Cincinnai Enquirer, Professor Peter Swire says that the National Security Agency and major phone companies broke the law in obtaining and disclosing phone records of millions of Americans.


ISP snooping plans take backseat

May 19, 2006

In a story on C-NetNews.com, Professor Peter Swire expressed concern about the security implications of a senator's proposal that would require logs of American's online activities be stored.


The Real ID

May 19, 2006

On Marketplace Money, Professor Peter Swire says there is no protection for consumers against identity theft.


Blue Security folds under spammer's wrath

May 17, 2006

In a Security Focus story about the decision of Israeli anti-spam startup Blue Security to shutter its anti-spam service, Professor Peter Swire said that the worldwide network has progressed merely from the Wild West to the equivalent of the 1920s mob-controlled urban centers


Legislation on privacy laws a sticky issue

May 17, 2006

In a story on Monsters and Critics.com (Glasgow, UK) about the U.S. government's current use of spying techniques, Professor Peter Swire compared the current privacy concerns to the '60s, when citizens were worried about their bosses using lie detectors.


BellSouth denies it gave files to NSA

May 16, 2006

In an Atlanta Constitution story in which BellSouth said it did not turn over customer calling information to the government, Professor Peter Swire said that phone records may not be released except in limited circumstances.


Bush defends spy agency's US phone record collection

May 14, 2006

In a story in Baku Today (Baku, Azerbaijan) about a lawsuit that has been filed against Verizon, Professor Peter Swire is quoted. Also see $5bn claim hits phone company (news24.com, South Africa) and Bush faces protest over phone spying (The Advertiser, Adelaide, South Australia)


Experts say phone firms at law's edge: Verizon hit with $5 billion lawsuit

May 13, 2006

In a TCNet.com story about a lawsuit filed against Verizon for allegedly violating privacy laws, Professor Peter Swire said the 1986 Stored Communications Act forbids such a turnover to the government without a warrant or court order.


Lawyer says Qwest refused data request

May 13, 2006

In a Chicago Tribune story (printed in The Olympian, Washington), a lawyer for Qwest said that his company refused to participate because he thought the program was illegal. Professor Peter Swire said that the 1986 Stored Communications Act forbids such a turnover to the government without a warrant or court order.


Phone Companies Gave NSA Millions of Call Records

May 11, 2006

Professor Peter Swire is interviewed on National Public Radio's All Things Considered regarding the National Security Agency's collection of phone records.


Cell phone activity gives detectives trail to follow

May 8, 2006

In a story in the Press-Enterprise (Riverside, Calif.) about police using cell phone technology to track a murder suspect, Professor Peter Swire said, "In the old days, cops would get the phone records that would show a link between two people in a conspiracy."


Police say cell phone tracing helped break Riverside murder case

May 6, 2006

In an Associated Press story about how police tracked the suspects in a murder case by tracking cell phone calls, Professor Peter Swire said that it is a new thing to use cell phone records to show where the people were at the time of the shooting.


Counties not upset this time by Blackwell's election order

May 5, 2006

Featured Expert: Daniel P. Tokaji

An Associated Press story (printed in the Contra Costa Times) reported election officials were not upset at an election night order from Ohio Secretary of State Ken Blackwell's office to delay reporting of statewide results while one precinct out of 11,300 stayed open late. Professor Daniel Tokaji said that election results could have been transmitted without being revealed.


Botched execution fires up opponents of death penalty

May 4, 2006

Featured Expert: Douglas A. Berman

Professor Doug Berman is cited in this Columbus Dispatch article for his thoughts on Joseph Lewis Clark's execution.


Spam War Knocks Out Blogs

May 4, 2006

In a Wired News story about the claim that a junk e-mailer's vendetta was behind the attacks that took down an Israeli anti-spam company, Professor Peter Swire attributed the spammer's ire in part to Blue Security's success in blocking spam.


A Tremor in Delaware's Supremacy

May 1, 2006

Featured Expert: Dale A. Oesterle

In his regular column in the Boulder Daily Camera, Professor Dale Oesterle discusses a recent "tremor" in the legal rules that allow the state of Delaware to be the place of incorporation for more than half of the country's largest, publicly traded companies.


Blackwell defined by '04 vote, supporters and opponents say

April 23, 2006

Featured Expert: Daniel P. Tokaji

In a Toledo Blade story that speculates the type of governor that Ohio Secretary of State Kenneth Blackwell would be, Professor Daniel Tokaji said that criticism of Mr. Blackwell's decisions in the 2004 presidential election were on target.


Judges reject voting systems; Punch cards unconstitutional, federal appeals panel rules

April 22, 2006

Featured Expert: Daniel P. Tokaji

The Columbus Dispatch reports that a 2-1 ruling by a panel of the 6th U.S. Circuit Court of Appeals said Ohio voters using punch cards and certain optical scan systems have a higher risk of their votes not being counted than those using more reliabile devices. Professor Daniel Tokaji helped argue the case, which was brought by the American Civil Liberties Union in 2002. Also reported in the Akron Beacon Journal (Punch-card voting is illegal, April 22) and the Associated Press, via Ohio News Nework (Appellate court rules punch-cards violated voters' rights, April 21)


Testimony from 9/11 victims: How much is fair?

April 13, 2006

Featured Expert: Joshua Dressler

In a Christian Science Monitor story about the sentencing trial of Zacarias Moussaoui, Professor Joshua Dressler said that jurors are being reminded of all the emotions they felt on September 11.


Federal data security law reaches turning point in Congress

April 12, 2006

In a MSN Money story about the Internal Revenue Service wanting to allow the sale of tax information, Professor Peter Swire made suggestions that would put pressure on companies to be careful with data.


Jury's task: execution for Moussaoui?

April 10, 2006

Featured Expert: Joshua Dressler

In a Christian Science Monitor story about the trial of Zacarias Moussaoui, Professor Joshua Dressler said that the government wanted to find somebody they could hold responsible for the 9/11 attacks.


The Role of Regulation, Extrusion Prevention

April 7, 2006

In this article in the Sarbanes-Oxley Compliance Journal, Professor Peter Swire notes that there is no one in the White House who is taking the lead in the area of privacy.


Agencies Not Protecting Privacy Rights, GAO Says

April 5, 2006

In a Washington Post story about a report that says government agencies that use private information services for law enforcement and other investigations often do not follow federal rules to protect Americans' privacy, Professor Peter Swire said that the government needs to ensure that the information it buys is accurate.


IRS Records For Sale

March 23, 2006

In a KSBI 52 story about an Internal Revenue Service proposal that would allow tax preparers to sell individual's tax return information, Professor Peter Swire said that consumers may not be aware they are signing over personal information.


Supreme Court Adds Limits to Search and Consent

March 22, 2006

Featured Expert: Joshua Dressler

On National Public Radio's All Things Considered, Professor Joshua Dressler comments on the decision by the U.S. Supreme Court that rules that police without a warrant cannot search a home when the residents disagree about whether the police can enter.


NCL leads calls for anti-phishing action

March 20, 2006

A story in SC Magazine reported on an initiative led by the National Consumers League (NCL) to combat the growing threat of phishing. It is noted that Professor Peter Swire wrote the paper that outlines NCL's call to action.


House GOP will not seek judge's removal

March 18, 2006

Featured Expert: Steven F. Huefner

In a Zanesville (Ohio) Times Recorder story about the call to remove a Columbus judge from the bench, Professor Steven Huefner said it would be "problematic" if the Ohio legislature would begin removing the judge from the bench.


Big Blue helps companies create technologies that may fill its intellectual property stable

March 17, 2006

Featured Expert: Daniel C.K. Chow

In a story on redherring.com about IBM's partnership that helps other companies develop new technologies, Professor Daniel C.K. Chow said that small companies would not have the resources to develop a great idea on their own.


How cell phone helped cops nail key murder suspect

March 16, 2006

In a New York Daily News story about how the New York Police Department used cell phone records to trace a murder suspect, Professor Peter Swire said it's up to the phone company as to how long the records are stored.


Ports Deal Reawakens Controversy Over Foreign Acquisitions

March 16, 2006

Featured Expert: Dale A. Oesterle

On law.com, Professor Dale Oesterle says that proposed legislation that would give Congress more say over foreign acquisitions of "critical infrastructure industries" has its own dangers. (subscription required)


Coalition recommends new tools to battle phishing; More education, better use of 'whitelists' among requests

March 16, 2006

In a Computerworld story about a report that calls on Internet companies to better combat phishing scams, Professor Peter Swire said that techniques recommended in the report can be used to track the bad guys.


The Senate Takes a Look at All Those Happy Pamphleteers

March 12, 2006

Professor Donald Tobin was quoted in this New York Times article about a little-known Senate lobbying proposal that would require the disclosure of money spent on the kind of grassroots campaigns that involve paying lobbyists to recruit large numbers of people to call or write or e-mail their lawmakers and press their views on, say, school prayer or trigger locks or greenhouse gases.


Ohio Supreme Court Adopts Federal Test on Arbitrability

March 7, 2006

Featured Expert: Sarah Rudolph Cole

In an article on ADRWorld.com about the Ohio Supreme Court's decision to adopt the test used by the federal bench for determining whether claims can be arbitrated, giving state trials courts the ability to look at the specific facts of a case, not just the law, when deciding to send a case to arbitration or litigation, Professor Sarah Cole said the arbitration agreement at the center of the case was indeed "very broad," and the court interpreted Fazio to cover the "plaintiff's dispute only if the dispute cannot be adjudicated without reference to the parties' underlying contract."


Oesterle: Acquisition fuels debate

March 6, 2006

Featured Expert: Dale A. Oesterle

In his regular column in the Daily Camera, Professor Dale Oesterle writes about the scheduled acquisition of Peninsular & Oriental Steam Navigation Co. of London by Dubai Ports World.


High tech cops

February 13, 2006

Professor Peter Swire is quoted in this Boston Enterprise article law enforcement surveillance cameras in Raynham, Mass.


Wrongful Death Claims Excluded From Arbitration in Ohio

February 3, 2006

Featured Expert: Sarah Rudolph Cole

An article on ADRWorld.com addressed the Ohio appeals court's decision to free relatives of workers killed on the job to take action in court even if the decedent signed an arbitration agreement covering all employment claims, ruling that wrongful death suits are independent actions under state law. According to Professor Sarah Cole, the ruling makes sense from a public policy perspective because a wrongful death action is brought by a survivor to remedy losses suffered as a result of the death, not to recover monies owed the decedent.


Election law opponents may try to get voters to repeal measure: Some provisions take effect with Ohio's May 2 primary

February 2, 2006

Featured Expert: Daniel P. Tokaji

In a Toledo Blade story about Ohio's controversial new elections law, Professor Daniel Tokaji said that a number of provisions of the law could be subject to court challenge.


Bush Keeps Privacy Posts Vacant

February 2, 2006

In a story on Wired News, Professor Peter Swire encouraged the Senate to move quickly in confirming members of the Civil Liberties Oversight Board.


Supreme Court Fuels Death Penalty Debate

February 2, 2006

Featured Expert: Douglas A. Berman

Professor Douglas Berman is quoted in this Associated Press article (via the New York Times) about the U.S. Supreme Court's ongoing debate over the mix of drugs used to carry out death sentences, with the justices delaying three executions and giving hope of eleventh-hour reprieves to other inmates. Berman said the court created "a ripple effect far beyond what they may have anticipated." The story also appeared in the Chicago Tribune and the Washington Post.


GPS is cheap but tracking may be illegal

January 30, 2006

In an Associated Press story (in the Cincinnati Post) about the availability of tacking devices to consumers, Professor Peter Swire said that misdemeanor charges are the only legal recourse individuals have for unwanted tracking. The story also appeared in the Columbus Dispatch and the Akron Beacon-Journal.


Politicians, privacy advocates challenge spying

January 29, 2006

Professor Peter Swire is quoted in this Knight Ridder story (in The Olympian, Olympia, Wash.) about charges that the government is spying.


What Are the Limits of Executive Privilege?

January 28, 2006

Featured Expert: Peter M. Shane

Professor Peter Shane was interviewed on National Public Radio's Weekend Edition. The program focused on the use of executive privilege in withholding documents and testimony regarding domestic surveillance and the response to Hurricane Katrina.


Record fine for data breach: ChoicePoint Case Spotlighted ID Theft

January 27, 2006

Professor Peter Swire was quoted in a Washington Post story about the agreement by data broker ChoicePoint Inc. to pay a $10 million federal fine over security breaches that exposed more than 160,000 people to possible identity theft. Professor Swire, who was the Office of Management and Budget's chief counselor for privacy during the Clinton administration, said "It sends a big signal." He added that "All major companies that handle personal information will see that the bar is being raised." A similar story also appeared in the San Jose Mercury News.


Strip search raising students' rights questions

January 27, 2006

Featured Expert: Joshua Dressler

In a Chillicothe Gazette story about the potentially illegal strip search of female students at a Piketon school, Professor Joshua Dressler said that the Fourth Amendment still applies to schools.


High Court to Hear Lethal-Injection Case

January 26, 2006

Featured Expert: Douglas A. Berman

Professor Douglas Berman is quoted in this Washington Post article about the potential "mess" caused by the future Supreme Court ruling in the Clarence E. Hill case. The Supreme Court justices stopped Hill's execution dramatically after he had already been strapped in the gurney because of their decision to hear his claim that he should have an opportunity to argue that his civil rights would be violated because the chemicals used to execute him would cause excessive pain. A similar article also appeared in the Chicago Tribune.


Court Opens Campaign Law to Challenges

January 24, 2006

Featured Expert: Edward B. Foley

Professor Edward B. (Ned) Foley is quoted in this New York Times article about Monday's Supreme Court ruling in an important campaign finance case. The ruling opens the door to a new round of legal challenges to the limits Congress placed four years ago on election advertisements paid for by corporations and broadcast during the weeks before federal elections.


Making privacy a priority: Citizens should be able to browse federal sites without creating a permanent record

January 23, 2006

In a column about the privacy of citizens who view federal web sites, Professor Peter Swire called for the Bush administration to designate a policy official to address privacy issues and to help convince the public that it should trust government to follow the rules.


Lawmakers to Target Sale of Phone Records

January 23, 2006

In this Associated Press story (via the New York Times, Professor Peter Swire, a former Clinton administration privacy official, is quoted in this article how the sale of companies' private phone records has lawmakers and federal regulators moving to try to halt the practice.


As election season nears, efforts to upgrade voting machines bog down

January 19, 2006

Featured Expert: Daniel P. Tokaji

In a Christian Science Monitor story about efforts to upgrade voting machines to comply with the Help America Vote Act of 2002 (HAVA), Professor Daniel Tokaji said that states and counties have had ample time to comply with HAVA laws but are being hindered by "voter verified paper trail " requirements.


Border-Crossing Cards May Be Official ID

January 19, 2006

In an Associated Press story, printed in the Washington Post, Professor Peter Swire is quoted regarding the Homeland Security Department's proposal to issue border crossing cards for Americans re-entering the country from Canada and Mexico. Story also appeared in the Herald News Daily, Williston, N.D.


Feds take porn fight to Google

January 19, 2006

In a TMCnet News story about Google denying the request of federal prosecutors to hand over millions of search records, Professor Peter Swire said that disclosing search terms could invade an individual's privacy.


Feds take porn fight to Google

January 19, 2006

In this New York Times story, Professor Peter Swire is quoted about a controversial Internet pornography law that has federal prosecutors asking Google, Microsoft, Yahoo and America Online to hand over millions of search records - a request that Google is adamantly denying. "The more (the government) can figure out who the surfers are, the more people's First Amendment rights are in jeopardy," said Swire.


Assisted-Suicide Debate: More vital issue is care of the dying, doctors say

January 18, 2006

Featured Expert: Marc Spindelman

In this Chicago Tribune story about Gonzalez v. Ashcroft, the U.S. Supreme Court's ruling limiting the U.S. Attorney General's authority to regulate physician-assisted suicide, Professor Marc Spindelman said that the majority opinion written by Justice Anthony Kennedy gives Congress a green light to prohibit the practice.


Doctor-assisted suicide gains ground: Supreme Court rejects bid to block Ore. law

January 18, 2006

Featured Expert: Marc Spindelman

In this Boston Globe story by Charlie Savage about Gonzalez v. Ashcroft, the U.S. Supreme Court's ruling limiting the U.S. Attorney General's authority to regulate physician-assisted suicide, Professor Marc Spindelman said that Justice Anthony M. Kennedy, writing for the majority, sent the message that there are "limits to what an executive branch official can do."


Will Congress take action on assisted suicide? After justices leave door open, conservatives urge legislation

January 17, 2006

Featured Expert: Marc Spindelman

In an MSNBC story about the U.S. Supreme Court's ruling that upheld Oregon's right-to-die law, Professor Marc Spindelman said that the majority opinion leaves the door open for Congress to pass a law prohibiting assisted suicide. See a related story from Knight Ridder newspapers.


Lawyer convicted of torturing wife; Most serious charge upheld; life sentence possible as lurid trial for former prosecutor ends

January 11, 2006

Featured Expert: Joshua Dressler

In this Sacramento Bee story about the conviction of a former defense attorney on domestic violence charges, Professor Joshua Dressler is quoted.


Bush not there, but central in hearings; Senators and legal experts look at his increased power during war on terror

January 10, 2006

Featured Expert: Peter M. Shane

Professor Peter M. Shane is quoted in this San Francisco Chronicle story about Judge Samuel Alito's U.S. Supreme Court confirmation hearings.


Supreme Court Sides With Ga. Inmate

January 10, 2006

Featured Expert: Ruth Colker

In an Associate Press story about today's U.S. Supreme Court ruling that says that disabled state prisoners whose constitutional rights are violated behind bars can win damages, Professor Ruth Colker said states should be prepared for more lawsuits by inmates. The story also appeared in the Los Angeles Times.


High Court Rules Disabled Prisoner Can Sue State

January 10, 2006

Featured Expert: Ruth Colker

In the New York Times, Professor Ruth Colker is quoted regarding the Wednesday U.S. Supreme Court ruling that overturned a 2004 ruling by the federal appeals court in Atlanta, which held that Georgia was entitled to sovereign immunity from a lawsuit brought by a paraplegic prison inmate under the Americans with Disabilities Act.


Pricey payouts for CEOs

January 9, 2006

Featured Expert: Dale A. Oesterle

In his regular column in the Boulder (Colo.) Daily Camera, Professor Dale Oesterle says that the number of colossal parachute payments to chief executives of acquired companies is a reminder that corporate governance in the U.S. has serious problems.


Intelligent-design war evolves: State school board may revisit policy in light of ruling

January 8, 2006

Featured Expert: David A. Goldberger

In a Columbus Dispatch story about the debate surrounding Ohio's science curriculum standards, Professor David A. Goldberger said that the existing standards are a green light to teach intelligent design.


Government Web sites are keeping an eye on you

January 5, 2006

In a story on CNETnews.com about federal agencies tracking visits to U.S. government web sites in apparent violation of long-standing rules designed to protect online privacy, Professor Peter Swire said that it is evidence that privacy is not being taken seriously.


NSA Wraps Private Firms into Intel Efforts

January 5, 2006

Professor Peter Swire is interviewed about the National Security Agency's domestic spying program, which was revealed by the New York Times.