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.

2008 Media Hits

On Clemency Fast Track, via the Oval Office

December 31, 2008

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a New York Times story about George W. Bush’s pardons. The story states: “But Douglas Berman, a criminal law professor at Ohio State University and a clemency consultant, said ‘there's no doubt’ that Maiss received fast-track treatment.”


Few real mysteries found in Minn. Senate ballots

December 29, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Associated Press story regarding the recount in the U.S. Senate race in Minnesota. The story states: “Ohio State University election law expert Edward Foley, who is closely tracking Minnesota's recount, said the board's early rulings could set patterns for the rest of the review. Foley said the campaigns won't want to lose the goodwill of board members by forcing them to rule on the same question repeatedly.”


Recount could leave Minnesota one senator short in January

December 24, 2008

Featured Expert: Steven F. Huefner

Professor Steve Huefner was quoted in a Pioneer Press story regarding the Minnesota recount. The story states: “‘Turns out, that's not such a simple question after all,’ said Steven Huefner, a Ohio State University law professor who served as assistant Senate legal counsel from 1995 to 2000. ‘In the past, it's just been what the Senate has decided.’”


Coal for Christmas: Brooklyn man's pardon revoked

December 24, 2008

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in an Associated Press story about President Bush reversing a previously made decision to pardon a Brooklyn man. The story states: “Doug Berman, a law professor at Ohio State University and a close follower of presidential clemency decisions, said the White House decision strikes him as unprecedented, but he said it's not inconceivable that it had happened in the past. ‘It's, at best, embarrassing. At worst, it's an extraordinary example of this White House's ability to bollix up one bit of presidential authority that he clearly has,’ Berman said.”


U.S. Senate election daze

December 23, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was featured on Minnesota Public Radio regarding the recount continuing in Minnesota.


Bush v. Gore Set to Outlast Its Beneficiary

December 22, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a New York Times story regarding the legacy of Bush v. Gore. The story states: “‘Bush v. Gore has a future,’ said Edward B. Foley, an election-law specialist at Ohio State. ‘We’re now starting to see it. There is a sense, eight years later, that some of the initial reaction was an overreaction.’”


Legacy of Chicago sit-in: empowering laid-off workers

December 17, 2008

Professor James Brudney was quoted in a Christian Science Monitor story about a sit-in at the Chicago Republic Windows & Doors plant. The story states: “Though considered a breakthrough job-security measure in its day, ‘it was criticized for not being as tough [on employers] as it should have been,’ says James Brudney, a professor at Ohio State University's Moritz College of Law, who was chief labor counsel for the Senate labor panel when it drafted WARN during the Reagan administration. Sen. Sherrod Brown (D) of Ohio is expected to introduce a bill next year to improve WARN enforcement and require more of companies preparing for layoffs.”


Madoff Scandal A Huge Blow To SEC Credibility

December 16, 2008

Featured Expert: Paul Rose

Professor Paul Rose was quoted in a Law360 story regarding the scandal involving Bernard L. Madoff’s reported Ponzi scheme. “You’ll see a host of new regulations. I’m sure we’ll see that,” Rose said. “I think the SEC, especially if we see more like Madoff, will lose the benefit of the doubt and Congress will tell them, ‘This is the way we want to regulate hedge funds.’” (Subscription required)


Board to begin wading through challenged ballots

December 16, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Minnesota Public Radio story about the ongoing recount in the U.S. Senate race in Minnesota. The story states: “‘If there's a significant number of ballots that they disagree on, that sets the situation up for more litigation and a court fight in a very different posture,’ Foley said. ‘On the other hand, the more likely that this board is unanimous for the more difficult ballots that come before them, the harder it would be for the court to overturn that.’”


Only fraction of Senate challenges will vex board

December 15, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an Associated Press story about the contested race in Minnesota. The story states: "‘Once a pattern is set, a large number of those challenges will fall into that pattern,’ Foley said. He added, ‘Both sides are doing a dance: `If we take those off the table, will you take those off?’’”


A nasty bug emerges in the state election system

December 15, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Minneapolis Star-Tribune story about absentee ballots in Minnesota. The story states: “‘For years, people know some part of the [elections] system isn't working, but it flies under the radar screen because it doesn't cause problems until you have a situation like Florida in 2000 or Minnesota now,’ said Edward Foley, an election law expert at Ohio State University's law school. ‘Suddenly, it becomes a huge problem. Rejected absentee ballots are the new hanging chad.’”


Editorial: Recount reveals an election weak spot

December 15, 2008

Featured Expert: Edward B. Foley

Professor Foley was mentioned in a Minneapolis Star-Tribune editorial about the ongoing U.S. Senate recount. The editorial states: “The Senate recount may be trying Minnesotans' patience. But by revealing weaknesses in the state's election laws and procedures, it is also producing something of lasting value, noted Ohio State University election law professor Edward Foley when he visited the Humphrey Institute last week. It is -- provided this state's election stewards pay heed, and act to make the weak spots stronger.”


Does rule of law trump right to vote?

December 12, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Minneapolis Star-Tribune story about absentee ballots in the Minnesota recount. The story says: “It's a good point, said Edward Foley, an Ohio State University professor who runs the law school's election law program. He asked whether it makes sense for the board to certify a winner knowing that not all validly cast votes were counted.”


The long view from an elections summit

December 4, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Akron Beacon Journal story about election law issues discussed at a recent summit. The story states: “Provisional ballots are a real problem, not an illusion. A legal fight over about 1,000 of them in Franklin County is crucial to the outcome of a recount in a very close U.S. House race. It could have been a lot worse. As part of a panel discussion on voter identification and provisional balloting, Ned Foley, director of the election law center at the Moritz College of Law at Ohio State, outlined the dimensions of the problem.”


Ex-WorldCom chief Ebbers seeks clemency from Bush

December 3, 2008

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Reuters story about the former WorldCom chief executive who is seeking clemency from President Bush. The story states: “‘If you think the president is going to be attentive to political winds, it's hard to imagine he would burnish his legacy by granting some indisputably high-profile and therefore controversial pardons to white-collar defendants,’ he said.”


Vote count drags on Election Day

December 2, 2008

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an Akron Beacon Journal story about the ongoing counting of ballots in Ohio. The story states: “‘If we had a 500-vote or even 5,000-vote margin, it would have been Florida all over again,’ said Daniel P. Tokaji, an election law specialist at Ohio State University's Moritz College of Law.”


Opinion: OSU professor works with on Obama transition team

November 30, 2008

Featured Expert: Peter M. Shane

Professor Peter Shane was featured in a Dayton Daily News story about his role on President Elect Barack Obama’s transition team. The story states: “Shane, 56, a law professor at the Ohio State University's Moritz School of Law since 2003, is reviewing the International Trade Commission for Obama's transition team, compiling information about the independent agency comprised of six commissioners.”


Phantom voters haunt local election boards

November 23, 2008

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Toledo Blade story about inactive voters on the Ohio voting roles. The story states: “Daniel Tokaji, an election law professor at the Ohio State University, said boards of election are not required to wait any longer than two federal elections to remove inactive voters. ‘That's their own choice. The federal law is pretty clear about this. I suppose the law certainly doesn't prohibit them from waiting a long time if they choose. There's nothing in federal law that requires them to wait 12 years,’ Mr. Tokaji said.”


Rejected absentee votes may decide it

November 23, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Minneapolis Star Tribune story about an ongoing recount in the state. The story states: “‘Ultimately, if the number of rejected ballots start to make a large enough stack, it can cast some cloud over the regularly recounted ballots,’ said Edward Foley, who directs the election law center at Ohio State University's Mortiz Law College. Foley said the race has already taken enough twists and turns to merit its own chapter in his upcoming book on the history of disputed elections.”


Several key attorneys on Obama's trade, national security and energy transition teams

November 19, 2008

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a National Law Journal story about Obama’s transition teams. The story states: “On the International Trade Commission review team is Peter M. Shane, a law professor at Ohio State University Michael E. Moritz College of Law. Shane's research focuses on separation of powers law, and on the Internet and the future of democracy.”


Registration, voting overlap would end under GOP bill

November 18, 2008

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Columbus Dispatch story about new Ohio legislation that could alter how elections are run in the state. The story states: “Daniel Tokaji, assistant director of Ohio State University's election law center, questions whether the bill would violate federal law, which says registration must not end earlier than 30 days before an election. He also said there is no good reason to stop Golden Week, which, he said, improves voter participation. ‘In the off chance that someone who is not eligible fraudulently tries to vote, there is plenty of time to catch the error before votes are counted,’ he said.”


Remember and apply the lesson of the '62 recount

November 18, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley published an Opinion Editorial in the Minneapolis Star-Tribune about previous recounts in Minnesota. “Minnesota has the opportunity to remain a model to the nation on election recounts. But the state risks squandering that opportunity unless it prepares to repeat the fair procedure it used previously.”


Seeking Closure the Hard Way in Undecided Senate and House Races

November 18, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a New York Times story about the Minnesota recount. “Democracy doesn’t work completely unless the procedure resolving disputes in elections works for both sides,” said Edward Foley, a professor at Ohio State’s Moritz College of Law specializing in election law. “I think as a country we’re somewhat unsettled about how to handle these closely disputed elections.”


Group hopes to shape nation's privacy policy

November 17, 2008

Professor Peter Swire was mentioned in a San Francisco Chronicle story about an organization he is serving on that hopes to influence the country’s privacy policies. The story states: “The group also is seeking funding from other companies and has a 23-member advisory board that includes people from Facebook, LexisNexis and advocacy groups such as the Center for Democracy and Technology. A professor and privacy adviser to former President Bill Clinton, Peter Swire, who also is advising President-elect Barack Obama, is on the board as well.”


Record provisional voting reported in swing state Ohio

November 16, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an Associated Press story about the number of provisional ballots cast in Ohio during the general election. The story states: “Other battleground states have much lower rates of provisional ballots, said Edward Foley, director of Ohio State University's election law center. ‘If it can't be shown they're worse off than we are with a low rate of provisional voting, what are we gaining by having these high rates?’ Foley said.”


Obama econ team filled with Clintonites

November 14, 2008

Featured Expert: Peter M. Shane

Professor Peter Shane was mentioned in a Politico.com story about his role on President-elect Barack Obama’s economic team. The story states: “Other advisers working on the team include Michigan State University assistant professor Lisa Cook; Ohio State University law professor Peter Shane … ”


Why (Else) to Watch the Minnesota Senate Squeaker

November 14, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a story on ProPublica.org about the race in Minnesota to the U.S. Senate. The story states: “As a matter of principle, the presiding official's party affiliation can't be ignored, said Edward Foley, director of election law at Moritz College of Law. ‘[Ritchie] may be a good-government type and well-meaning, but by definition he is a member of one of the two teams with an interest.’”


Senate race in Minnesota headed for recount

November 14, 2008

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Chicago Tribune story about the Minnesota recount involving the race for the U.S. Senate. The story states: "‘Minnesota has a very good election system,’" said Daniel Tokaji, an elections specialist at Ohio State University's law school. “‘You don't have hanging chads, but you can have ambiguous markings on ballots.’”


Coleman-Franken finish: It's beginning to look like Christmas, or later

November 13, 2008

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in the Rochester, Minn., Post-Bulletin in a story about the recount in the Minnesota U.S. Senate race. The story states: "‘Minnesota has a very good election system,’ said Daniel Tokaji, an elections specialist at Ohio State University's Moritz College of Law. ‘You don't have hanging chads, but you can have ambiguous markings on ballots.’”


Ohio considers more early-voting locations

November 13, 2008

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Youngstown Vindicator story about a possible change in Ohio’s early voting procedures. The story states: “Long early voting lines discouraged some voters in large counties, said Dan Tokaji, a law professor at Ohio State University. ‘The most useful reform would be to expand the number of locations in larger counties,’ Tokaji said.”


Bush, Out of Office, Could Oppose Inquiries

November 12, 2008

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a New York Times story about what executive privileges President Bush may try to claim after leaving office in January. The story states: “But if Mr. Obama decides to release information about his predecessor’s tenure, Mr. Bush could try to invoke executive privilege by filing a lawsuit, said Peter Shane, a law professor at Ohio State University. In that case, an injunction would most likely be sought ordering the Obama administration not to release the Bush administration’s papers or enjoining Mr. Bush’s former aides from testifying. The dispute would probably go to the Supreme Court, Mr. Shane said.”


Ohio election officials consider expanding early voting system

November 11, 2008

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Cleveland Plain Dealer story about possibly expanding the early voting system in Ohio. The story states: “‘The most useful reform would be to expand the number of locations in larger counties,’ Tokaji said.”


The Voting Problems Aren't Over

November 11, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an AmLaw Daily story about 2008 voting problems. The story states: “‘Provisional ballots exist to protect voters from disenfranchisement,’ explains Edward Foley, a national elections law expert at Ohio State University. ‘The problem is when they’re overly relied on.’”


Election Reform Can't Wait

November 10, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a National Journal column about possible election reforms. The story states: “As Foley put it, ‘We don't have the immediate crisis now, and that's an opportunity to structure a process that can lead to long-term reform.’”


Election disputes offer new niche for lawyers

November 10, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Columbus Dispatch story about lawyers participating in election disputes. The story states: “‘The complexity was designed to avoid litigation, but the lawyers figured out how to fight over the complexity,’ said Edward ‘Ned’ Foley, director of the election-law program at Ohio State University's Moritz College of Law.”


Sample what an Obama presidency likely means to the financial services industry

November 10, 2008

Featured Expert: Paul Rose

Professor Paul Rose was quoted in an Investment Advisers Week story about what Barack Obama may mean for the financial services industry. The story states: “‘In the long term the industry will continue to thrive,’ believes Rose. ‘Demographics remain in the industry's favor, but the regulatory changes will shake up the market and create winners and losers. Some firms will struggle. Smart and agile advisers and firms will do just fine.’” (Subscription required).


Newspaper: Paper ballots had more errors

November 9, 2008

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Dayton Daily News story about counting ballots in Franklin County, Ohio. The story states: "‘It's distinctly possible that uncounted votes with paper ballots will make the difference in the Kilroy-Stivers race, given that the number of overvotes and undervotes is much greater than the present margin,’ said Dan Tokaji, an elections law expert at Ohio State University.”


Brunner calls summit on vote

November 8, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was mentioned in a Columbus Dispatch story about Ohio Secretary of State Jennifer Brunner calling a summit to discuss election administration issues. The story states: “Some elections officials are calling for more sites. Edward ‘Ned’ Foley, director of an election-law center at Ohio State University, also suggested that Congress set a minimum standard nationwide for early voting at multiple locations.”


Liberal Lawyer's Group Wants Same-Day, Nationalized Voter Registration

November 7, 2008

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a CNSNews.com story about adopting a national same-day voter registration plan. The story states: “’We do have some serious problems, especially with voter registration,’ said Daniel Tokaji, law professor and associate director of the Election Law Project at Ohio State University.”


Voters' word may not be last in Minn. Senate race

November 7, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an Associated Press story about a possible recount in a Minnesota Senate race. The story states: “‘I'm not saying either side has to concede or give up,’ Foley said. ‘But what bipartisanship going forward with the recount would mean is that there is a shared understanding of the ground rules in conducting the recount and abiding by that process.’”


At the Polls: Lines and Lawsuits

November 4, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a New York Times story about election administration problems around the country. The story stated: “‘They are specifically relying on Bush v. Gore and 14th Amendment and claiming that Secretary Brunner’s rules in handling provisional and absentee ballots are not uniform throughout the state of Ohio,’ said Mr. Foley. ‘This new filing appears to be an effort by the Republicans to have the process for verifying provisional ballots be handled in their own lawsuit rather than another lawsuit filed by a advocacy group for the homeless.’”


Ohio GOP Presents More Complaints About Election Official

November 4, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Wall Street Journal story about Ohio Republicans filing complaints against Ohio Secretary of State Jennifer Brunner. The story states: “Edward B. Foley, director of the election-law program at the Ohio State University, said the Republicans’ suit was likely a ‘placeholder’ in case the voting results in Ohio are close.”


Provisional ballots piling up in Ohio

November 4, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted on a CNN.com story about provisional ballots being issued in Ohio. The story states: “‘Ohio's provisional voting laws are unbelievably complicated,’ he added. ‘There are 14 separate reasons why a voter should vote on a provisional ballot. I'm a law professor and I can't keep them in my head. We can't expect poll workers to implement these rules flawlessly.’”


Two election law 'rock stars' talk about election reform and a possible 'Bush v. Gore II'

November 4, 2008

Featured Expert: Edward B. Foley

Professor Foley was quoted in a National Law Journal story about election reform. “It feels a little bit like being a tax attorney around April 15. It has been crazy, but on the other hand, our infrastructure here is considerably stronger than it was in 2004 when we created the Election@Moritz team.”


Big turnout could mean headaches

November 4, 2008

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Boston Globe story about voter turnout on Election Day. The story stated: “‘Just as voting machines were the big problem of 2000 and provisional ballots were a big problem in 2004, the issue of voter registration could be the problem this year,’ said Daniel Tokaji, a professor at the Ohio State University school of law.


Courts, lawyers expect busy day

November 4, 2008

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Cincinnati Enquirer story about possible problems on Election Day. The story states: "‘The laws are not always clear, so some of these disputes find their way into court,’ said Daniel Tokaji, an Ohio State University law professor who has challenged some of those laws on behalf of civil rights groups. ‘I don't think that's necessarily a bad thing.’”


Voting Procedures on Open Line

November 4, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley and Dan Tokaji were featured guests on WOSU’s Open Line with Fred Andrle. Both professors discussed voting procedures and possible problems.


ABC 6 - Election Day coverage

November 4, 2008

Featured Expert: Steven F. Huefner

Professor Steven Huefner was a featured guest on Columbus’ ABC 6 noontime broadcast to discuss election administration issues that may arise during the 2008 general election.


A.I.G. Fraud Scheme Cost Investors $544 Million, Judge Finds

November 4, 2008

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a New York Times story about the A.I.G. fraud scheme. The story states: “‘We’re looking at a suggested guideline range of at least decades’ of prison time for each defendant, he said. ‘There is a separate question of whether the judge will consider it necessary and appropriate to impose a prison sentence that is so long, particularly because these are first-time offenders.’”


Officials confident Ohio voters won't see goofs like in '04

November 3, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Columbus Dispatch story about possible problems on Election Day. The story stated: "‘The litigators are a little trigger-happy,’ said Edward ‘Ned’ Foley, director of an election-law center at Ohio State University. ‘The mentality is to sue first and ask questions later.’”


Courts, lawyers expect busy day

November 3, 2008

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Cincinnati Enquirer story about possible problems on Election Day. The story stated: "‘The laws are not always clear, so some of these disputes find their way into court,’ said Daniel Tokaji, an Ohio State University law professor who has challenged some of those laws on behalf of civil rights groups. ‘I don't think that's necessarily a bad thing.’”


Could voting meltdown history repeat itself?

November 3, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an Associated Press story that was published in dozens of newspapers across the country. The story states: “‘Suppose Tuesday comes and goes and there's allegations that tens of thousands of people went to vote and were unable to cast a ballot and went home,’ said Edward B. Foley, a law professor at Ohio State University who specializes in voting litigation. ‘There's the claim of disenfranchisement but no way to prove it. That would be extraordinarily undesirable.’”


Line Up, but Will You Be Counted?

November 3, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an ABCNews.com story about voting issues on Election Day. The story states: “‘We've learned that there are laws written in the books, and then there is how the law gets applied in action on the ground,’ he said. ‘It's not always as pristine as in the code.’”


North Carolina Extends Early Voting Hours; What Will Happen Nationwide?

November 2, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Huffington Post column about North Carolina’s decision to extend voting hours. The story stated: “Edward Foley, a law professor and the director of Election Law @ Moritz, called North Carolina's decision a ‘good move’ because ‘the order was statewide and in fairness to everybody.’ He also pointed out that the decision was made administratively, rather than in response to a court order.”


Politics aside, elections boost business

November 2, 2008

Featured Expert: Christopher M. Fairman

Professor Christopher Fairman was quoted in a Springfield News-Sun story about the 2008 general election and its effect on business. The story states: "‘Increasingly, there is a blur between politics and pop culture,’ said Christopher M. Fairman, an associate professor of law at the Moritz College of Law, Ohio State University, in a 2005 article on Election Law @ Moritz.”


Provisional ballots are piling up, but many may never be counted

October 31, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Rocky Mountain News story about provisional ballots. The story states: “‘In close races they can make a difference - then they are worth fighting over,’ said Edward Foley, an election law professor at Ohio State University.”


The Economic Crisis And The SEC: Moving Forward

October 31, 2008

Featured Expert: Paul Rose

Professor Paul Rose was quoted in a Law 360 article regarding the U.S. Securities and Exchange Commission and what its plan should be in the midst of a financial crisis. The story stated: “The perception that the SEC is engaged and assertive can have a practical, calming effect on otherwise volatile markets, noted Paul Rose, an assistant professor of law at The Ohio State University's Moritz College of Law.” (Subscription Required)


Vote watchdogs warn of troubles on election day

October 30, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Los Angeles Times story about possible Election Day meltdowns. The story states: “‘The good news story is that it's very unlikely in any given year that you're going to have such a close outcome,’ said Edward B. Foley, an Ohio State University law professor.”


Rising Tide of Suits Filed in Search of Political Edge

October 30, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Wall Street Journal story about an increase in the number of lawsuits filed pertaining to the Nov. 4 election. The story stated: “‘And we still have almost a week to go’ before Election Day, said Ohio State University law professor Edward Foley, who tracks election litigation. By his count, 34 major lawsuits are pending involving the presidential race between Sens. Barack Obama and John McCain.”


In Tight Race, Victor May Be Ohio Lawyers

October 30, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a New York Times story about how the use of provisional ballots could affect Ohio’s election results. The story states: “‘Provisional ballots are really the Achilles’ heel of our electoral process, because in a close race that is the pressure point lawyers use to try to undo the results,’ said Edward B. Foley, a law professor at Ohio State University who is one of the nation’s foremost experts on voting litigation. ‘The larger the number of provisional ballots cast in a state, the more vulnerable the Achilles’ heel, and Ohio has for a couple of elections used more of these ballots than most any other state.’”


Can the System Handle Huge Voter Turnout?

October 30, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a ABC News story about whether election systems can handle the expected large turnout at the Nov. 4 election. The story stated: “‘A key question," says Edward B. Foley, of Moritz College of Law at Ohio State University, ‘is whether the infrastructure can handle the volume that we will see.’”


Election officials preparing for problems

October 30, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was featured on a Minnesota Public Radio show about how election officials are preparing for potential problems during the Nov. 4 election.


Colorado Agrees to Restore Voters to Rolls

October 30, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was mentioned in a New York Times story about Colorado voters being removed from the state’s voter rolls. The story states: “Edward B. Foley, a law professor at Ohio State University and an authority on voting litigation nationwide, said the settlement was noteworthy because many states had put the onus on voters to prove that their provisional ballots were legitimate before they could be counted.”


Early voters report problems at North Texas polling places

October 29, 2008

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Dallas Morning News story about early voter problems in north Texas. The story states: “‘If poll workers are going outside the law or don't know the law, it creates the problem of unequal treatment,’ said Daniel P. Tokaji, a law professor at Ohio State University. ‘The likelihood we'll see scattered problems is probably 100 percent.’”


McCain and Palin Say Stevens Should Resign

October 29, 2008

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Washington Post story about the call for Alaska Sen. Ted Stevens to resign. The story states: “‘The jury came back and concluded beyond reasonable doubt that he was not telling the truth,’ Berman said. ‘That works against him.’”


A Myth of Voter Fraud

October 28, 2008

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Washington Independent story about suspected voter fraud throughout the United States. The story states: “‘Besides Florida, you’d have to go back to the 19th century in the United States to get to an election that was that close,’ said Daniel Tokaji, a law professor at Ohio State University and an expert in election law. ‘Then again, in 2004 we weren’t that far away — there were about 100,000 votes in Ohio on which the outcome depended. If we’d had a second litigated election in 2004, it would have been like lightning striking twice. So it could happen again.’”


Camps Lawyer Up For High-Pressure Election Day

October 27, 2008

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a National Journal story about lawyers who are preparing to work handling issues that arise on Election Day. The story states: “‘If you have provisional ballots, it increases the margin of litigation,’ said Daniel Tokaji, a law professor at Ohio State University.”


How to Steal the Election in a Few Simple Steps: Kevin Hassett

October 27, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Bloomberg News column about growing criticisms over the Association of Community Organizations for Reform Now. The story states: “Edward Foley, a professor at Ohio State University and a leading election law expert, summed it up well when he told me, ‘I am not a big fan of at-home voting, given the risk of what can go wrong.’”


Ohio GOP suit becomes sticky issue

October 27, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an AP column about an Ohio election lawsuit withdrawn by the Republican Party that filed it. The story states: “‘Normally, as part of a settlement you agree to withdraw the case at the same time you announce a settlement,’ said Ned Foley, a law professor at Ohio State University.”


Ohio GOP suit becomes sticky issue

October 27, 2008

Featured Expert: David A. Goldberger

Professor David Goldberger was quoted in an AP column about an Ohio election lawsuit withdrawn by the Republican Party that filed it. The story states: “‘They're very nervous about looking like they're setting up a decision that could steal the election,’ said David Goldberger, an Ohio State law professor.”


Threat of Election Fraud Days Before Election

October 27, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted on CNN’s Lou Dobbs Tonight in a story about possible voter registration problems in Ohio and other states. Prof. Foley commented on how third-party registration groups normally collect voter registrations.


Some voters 'purged' from voter rolls

October 26, 2008

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a CNN.com story about voters being purged from voter roles in several states. The story states: “"Vote suppression is real. It does sometimes happen," said Daniel P. Tokaji, a law professor at Ohio State University.”


Is Ohio doomed to ballot battles?

October 26, 2008

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Columbus Dispatch story about possible problems arising during the Nov. 4 general election in Ohio. The story states: “‘My own opinion is that I actually think it's a good thing for disputes over what laws mean to be resolved in courts before Election Day,’ said Daniel Tokaji, assistant director of OSU's election law center. ‘It clarifies the rules of the game in advance. It's far better to do that rather than try to clean up the mess afterwards as in Florida in 2000.’”


Is Ohio doomed to ballot battles?

October 26, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Columbus Dispatch story about possible problems in Ohio during the Nov. 4 general election. The story states: “Edward ‘Ned’ Foley, director of Election Law @ Moritz, argues that Ohio should consider making its chief elections officer nonpartisan or create a bipartisan election board -- and, short of that, find some agreement between the parties for more amicable resolution of disputes. ‘There needs to be unilateral disarmament or bilateral disarmament,’ Foley said.


Ohio's tangled election rules remain ripe for lawsuits

October 24, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Toronto Star story about Ohio’s election laws and how they are particularly susceptible to lawsuits. The story states: “‘Last-minute litigation always has the potential for unintended consequences and destabilizing effects on the system,’ said Edward Foley, director of Ohio State University's election law centre. ‘Poll workers are particularly vulnerable to changes in rules. They're not full-time workers,’ he said.”


McCain's Warning on Voter Fraud Gets Details Wrong: Ann Woolner

October 24, 2008

Featured Expert: Terri L. Enns

Professor Terri Enns was quoted in a Bloomberg News column about voter fraud in Ohio. The story states: “‘Keep in mind with these stories about potentially bad registrations, they don't equal bad votes,’ says Terri Enns, a senior fellow at Election Law @ Moritz, out of Ohio State University.”


Voting Snafus Rare but Worrisome

October 24, 2008

Featured Expert: Edward B. Foley

Professor Foley was quoted in a Wall Street Journal story about possible election problems in the November general election. It also mentioned the mock trial that he conducted involving McCain v. Obama. The story states: “To reach the Supreme Court this year, the outcome would have to be in the balance, so ‘it has to be one state, and it has to be so close’ that the shift of a few thousand votes could alter the outcome nationally, said Ohio State University law professor Edward Foley.”


New voters must pass 3 checks

October 24, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Columbus Dispatch story about voter registration checks in Ohio. The story states: “Daniel Tokaji, assistant director of an elections law center at Ohio State University, said, ‘The existing laws are more than adequate to prevent fraudulent voting. Mickey Mouse is not showing up to vote.’”


Making Punishments Fit the Most Offensive Crimes

October 23, 2008

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in a Wall Street Journal story about how rising minimum sentences for some crimes have caused federal judges around the country to begin speaking out. The story states: “The crack-cocaine epidemic of the mid-1980s led Congress to pass much tougher sentencing laws for possession of crack, dwarfing the sentences for possession of the cocaine powder from which crack is derived, says Douglas Berman, a law professor at Ohio State University who writes an influential sentencing blog.”


Mistrust Runs High As Early Voters Cast Ballots

October 23, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was featured on a NPR’s “Talk of the Nation” for a story about Republicans and Democrats blaming each other for fraud and voter disenfranchisement.


Fight Back with Dr. Bob Fitrakis

October 23, 2008

Featured Expert: Creola Johnson

Professor Creola Johnson was quoted on a “Fight Back with Dr. Bob Fitrakis” on WVKO-AM in Columbus. She discussed Ohio’s pay day lending issue on the November general election ballot. “That’s how we have the rollover trap because the customer is using multiple lenders to try to keep paying back that initial $400 loan,” she said. “And that is why pay-day lending is bad because of the trap that people are in.”


POTUS Live with Tim Farley

October 22, 2008

Featured Expert: Peter M. Shane

Professor Peter Shane was interviewed on an XM Radio show called “POTUS ’08” about how the outcome of the upcoming presidential election could change the interbranch dynamics of the U.S. Congress. (Subscription required).


McCain, Obama Surrogates Spar Over Candidates' Policies on Data Protection

October 22, 2008

Professor Peter Swire was quoted in a Bureau of National Affairs story about the differences in John McCain and Barack Obama’s policies over data protection. The story states: “In examining ‘the policies that have been adopted by the candidates, I've been unable to find anything on the surveillance side where Sen. McCain has disagreed with President Bush,’ said Swire, a law professor at Ohio State University and a former chief privacy counselor for the Clinton administration. ‘On this, it's 100 percent.’”


New Voting Systems Could Cause Problems in Swing States

October 22, 2008

Featured Expert: Edward B. Foley

Swing states are on high alert, but elsewhere elections also breed high anxiety because voters have no tolerance for errors on Election Day. Edward Foley, an election law professor at Ohio State University, says that expectation puts the system under "almost impossible anxiety."


Election night may be a mess in Ohio

October 21, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Columbus Dispatch story about possible election administration problems in Ohio on the Nov. 4 general election day. The story states: "‘That risk seems increasingly larger as the days progress,’ said Edward "Ned" Foley, director of Election Law @ Moritz at Ohio State University.”


Election Day Scenario Plays Out In Mock Court

October 21, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a NPR story regarding a mock court trial he devised involving McCain v. Obama. The hypothetical was presented at Georgetown University before a panel of distinguished legal experts. The story aired on NPR’s Morning Edition.


New law school hypothetical: McCain v. Obama

October 21, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a National Law Journal story about the hypothetical case, McCain v. Obama. The story states: “‘There is this underlying question out there now of how is our judiciary doing handling these high-stakes election cases,’” said Foley. “‘We have a real case ongoing in Ohio over registrations where the 6th Circuit split. We had an 11th Circuit split earlier. This hypothetical is an experiment to see whether there is a different way to do this.’”


Provisional ballots this year's hanging chad

October 20, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a San Antonio Express-News story about provisional ballots and their implications on the Nov. 4 general election. The story states: “Daniel Tokaji, a specialist in election law at Ohio State University, sides with Brunner on this. ‘In a close election,’ he said, ‘you can imagine the parties are going to be fighting tooth and nail over every provisional ballot. The hanging chad of this year is provisional ballots.’”


Illegal voters, or just getting out the vote?

October 19, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Columbus Dispatch story about people coming to Ohio to possibly register and vote. The story states: "‘My bottom line is for some of these cases, there's a gray area in the law as to whether someone's intention to remain is sufficient in circumstances where they've come here and it's not clear how long they plan to stay here,’ Tokaji said.”


New suit over voter registrations goes to top Ohio court

October 19, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was mentioned in a Dayton Daily News story about a new lawsuit filed in Ohio against Ohio Secretary of State Jennifer Brunner. The story states: “Edward ‘Ned’ Foley, an election law expert at Ohio State University's Mortiz College of Law, said the Ohio Supreme Court first must determine if Myhal has legal standing to challenge Brunner before ruling on whether Brunner was following the law.”


Prosecutor with McCain ties seeks voter records

October 18, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an Associated Pressstory about a county prosecutor who requested personal information for some Ohio voters who registered and cast a ballot during a weeklong period earlier this month. The story states: “‘This is extremely worrisome when a partisan official engages in conduct that could reasonably be interpreted as voter intimidation and voter suppression,’ Tokaji said. ‘This appears to be part of a concerted strategy on the part of some elements of the Republican Party to exaggerate voting fraud in an effort to suppress participation.’”


Court Ruling Stokes Voter-Fraud Fight

October 18, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Wall Street Journal story about a Supreme Court decision about Ohio voter registration. The story states: "‘It is more important that the Supreme Court was unanimous than which particular way they decided,’ said Edward Foley, an election-law specialist at the Ohio State University. ‘When it's that kind of case, the ability of the federal judiciary to yield a unanimous national, nonpartisan answer is important.’”


Justices Rule Against Ohio G.O.P. in Voting Case

October 17, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a New York Times story about the Supreme Court’s decision to not require the Ohio Secretary of State to provide documentation that would allow local clerks to more easily spot mismatched voter information. The story states: “Edward B. Foley, a law professor at Ohio State, said the Supreme Court’s action in letting state authorities handle matters in the face of a late challenge was consistent with a general premise of election law. ‘Federal court intervention is a last resort, even if it’s not at the last minute,’ Professor Foley said.”


Ohio Democrats Win at Top U.S. Court in Voting Fight

October 17, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Bloomberg story about the Supreme Court’s decision to not require the Ohio Secretary of State to provide documentation that would allow local clerks to more easily spot mismatched voter information. The story states: “‘It's very good for the election process that it was unanimous,’ said Edward Foley, director of the election law program at Ohio State University's Moritz College of Law in Columbus. ‘It's more important that it was unanimous than whichever way it went.’”


Supreme Court Is United in Siding With Ohio Election Official

October 17, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Wall Street Journal story about the U.S. Supreme Court’s decision in the Ohio voter registration case. The story stated: "‘The Sixth Circuit unfortunately has had a history of airing disagreements in public,’ says Edward Foley, an election law specialist at the Ohio State University. ‘It's not just that they divide, but the nature of that division correlates so strongly with party affiliation.’”


High Court Rejects GOP Bid In Ohio Voting Dispute

October 17, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted on a Columbus WBNS-10TV story about the Supreme Court’s decision in Ohio’s voter registration case. Foley said: “The real message from the Supreme Court is that the United States Department of Justice is the entity responsible for enforcing this database requirement.”


Ohio reviews voter registration procedures to ensure legality

October 15, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the Ohio University Post in a story about Ohio voter registration procedures. The story states: “‘The bottom line is — if states are following the law — the laws are designed to protect the voter and make sure the voters aren’t wrongfully deleted from the list,’ said Daniel P. Tokaji, associate director of the Moritz College of Law at Ohio State University.”


Voter-registration group ACORN focus in presidential politics

October 15, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the Los Angeles Times story about the Association of Community Organizations for Reform Now group and their involvement in voter registration. The story states: “'Mickey Mouse may show up on a registration list, but he's not likely to vote,’ said law professor Daniel P. Tokaji of Ohio State University.”


Ruling May Impede Thousands of Ohio Voters

October 15, 2008

Featured Expert: Daniel P. Tokaji

Prof. Daniel Tokaji was quoted in a New York Times story regarding a federal appeals court decision that Ohio Secretary of State Jennifer Brunner says could prevent 200,000 registered voters from casting ballots in November. The story states: “Daniel P. Tokaji, a law professor and voting expert at Ohio State University, said he thought the appellate decision was wrong. He said the stated purpose of the ‘matching’ requirement in the federal law, the 2002 Help America Vote Act, was to accelerate procedures at the polls, somewhat like an E-Zpass lane at highway toll plazas. It was meant to allow voters to avoid showing identification if they had already been screened using database checks, he said. The federal matching requirement, Mr. Tokaji said, was not meant to determine eligibility, deter voter fraud or raise added barriers for voters by forcing some to vote provisionally. ‘The majority judges don’t seem to grasp this point,’ he said.”


Experts warn of voting meltdowns on Nov. 4

October 15, 2008

Featured Expert: Terri L. Enns

Professor Terri Enns was quoted in a Detroit News story regarding potential problems in the Nov. 4 primary election. The story states: “‘What we're worried about is the registration lists,’ said Terri Enns, a law professor at Ohio State University. Ohio courts are considering whether Brunner is required to supply lists of questionable registrations to county election boards.”


Campaigns now making stops on YouTube

October 13, 2008

Professor Edward Lee was quoted in a Philadelphia Inquirer story regarding campaign videos on YouTube. The story states: “’If you look at the number of views of the convention speeches,’ Lee says, ‘you see Obama out in front with 450,000 views, but Palin's speech has 250,000, with McCain's just above 100,000 and [Democrat Joseph R.] Biden's just below.’”


McCain Interview Won’t Be Shown Until After Election

October 13, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a New York Times story about the delaying the release of a film that quotes John McCain about his imprisonment during the Vietnam War until after the November election. The story states: “Daniel P. Tokaji, an associate professor at the Ohio State University law school, said promotional showings of the McCain interview would present no obvious legal issue. ‘I don’t immediately see what law they would violate,’ said Professor Tokaji, who specializes in election law.”


Palestra.net investigates Ohio early voting

October 13, 2008

Featured Expert: Terri L. Enns

Professor Terri Enns and Election Law @ Moritz Analyst Sarah Cherry were featured in a Palestra.net story about Ohio early voting. The story discusses absentee voting and nonprofit, and get-out-the-vote organizations.


7-Yr.-Old Gets An ACORN Vote

October 12, 2008

Featured Expert: Terri L. Enns

Professor Terri Enns was quoted in a New York Post story about a 7-year-old girl who was registered to vote by the Association of Community Organizations for Reform Now. The story says: “The ACORN shenanigans likely won't rise to actual voting fraud, stressed election law expert Terri Enns at Ohio State University. ‘ACORN's problematic registrations create extra work for election boards, because they have to check them, but it's not double voting,’ she said.”


Ballot Battle Popping in Indiana

October 10, 2008

Featured Expert: Terri L. Enns

Professor Terri Enns was quoted in an ABCNews.com story about a legal challenge regarding early voting locations in Indiana. The story states: “‘More states are offering absentee balloting now,’ says Terri Enns, a senior fellow of election law at Moritz College of Law at Ohio State University. ‘It's in response to the inconvenience of 2004 with long lines,’ she says. ‘It's more convenient.’”


Election law experts foresee problems at the polls

October 9, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Harvard Law Record story about potential problems in November’s election. The story states: “‘First, there is redistricting, including racial and partisan gerrymandering. Second, there are issues of money in politics, such as campaign finance. And third, there are nuts and bolts issues-voter I.D., voting machines, registration, and how things work on the ground.’”


States’ Actions to Block Voters Appear Illegal

October 9, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a New York Times story about election officials reportedly purging voter registration databases. The story states: “‘Just as voting machines were the major issue that came out of the 2000 presidential election and provisional ballots were the big issue from 2004, voter registration and these statewide lists will be the top concern this year,’” said Daniel P. Tokaji, a law professor at Ohio State University.


Area homeless vote early

October 9, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the OSU student newspaper, The Lantern, regarding a story about area homeless voters. The story states: “‘Homeless voters have the same right to vote that everyone else has, and although there have been attempts to deny them that right, that right ought not be denied,’ Tokaji said. ‘If they are registered anywhere in the state, they're entitled to vote by going to their precinct on Election Day. That precinct would be the place that encompasses the area where they usually reside.’”


KCBS Radio in San Francisco

October 7, 2008

Featured Expert: Steven M. Davidoff

Professor Steve Davidoff was quoted on a show on KCBS radio show in San Francisco. He discussed the dealings between Wells Fargo, Citi, and Wachovia.


Election 2008: Election Law (and How They Break It)

October 7, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was featured in a Washington Post online question-and-answer session regarding election law. He stated: “We've got to be clear what we mean by "rigging" an election. The parties and candidates will always try to work the system to their strategic advantage. And so long as they do so within the boundries of the law, that's perfectly okay. No one said that democracy would be clean or tidy. The big problems come when political operatives or the government try to twist the rules to their advantage.”


Liquid Paper: How Fed Backstop Will Work

October 7, 2008

Featured Expert: Dale A. Oesterle

Professor Dale Oesterle was quoted in a CFO.com story about the government’s decision to buy short-term commercial debt from companies. The story stated: “Some observers, such as Dale Oesterle, a law professor at Ohio State University, have been championing such action for weeks, contending that the commercial paper market had to be unhinged form the failing mortgage market. Writing on his blog , Oesterle argued, ‘It would free up the commercial paper markets for all operating companies; and it would let the MBSs [mortgage backed securities] markets in subordinate securities clear.’”


Court denies appeal of judge's sentencing goof

October 6, 2008

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in an Associated Press story that ran in the Seattle Times and Chicago Tribune about the U.S. Supreme Court rejected the appeal of a man mistakenly sentenced to five years in prison. The story stated: “Attorney Douglas Berman of Ohio State University's Moritz College of Law in Columbus said Monday that defense attorneys are expected to argue Lett initially had ineffective legal representation.


Vote Fraud 2008: The Coming Disaster?

October 6, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Newsmax.com story about potential problems in the Nov. 4 election. The story states: "The prospect of a tsunami of voters with outdated addresses showing up at polling places has election officials worried. 'It's a big potential concern,’ Daniel Tokaji, an Ohio State law professor and election expert,' tells Newsmax."


Vote Fracas: Mock Trial to Test Possibility of Election Court

October 6, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Legal Times story about an upcoming mock election court, which Foley created. The story states: “Election law expert Edward Foley of Ohio State University’s Moritz College of Law is behind it, and acknowledges an ulterior motive: testing the possibility of creating a special ‘election court’ to offer nonpartisan advice ‘if we have a real meltdown scenario.’” (Subscription required).


Cordray says contract, contribution not linked

October 5, 2008

Featured Expert: Steven F. Huefner

Professor Steve Huefner was quoted in a Dayton Daily News story about a campaign contribution made to Ohio Treasurer Richard Cordray. The story stated: “Ohio State University law professor Steve Huefner, an expert on election law and campaign finance, said giving in someone else's name ‘would completely circumvent the contribution limits’ and the public wouldn't be able to figure out who is buying access and influence.”


Wary eyes on 'sign up & vote'

October 5, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Cincinnati Enquirer story about Ohio’s five-day register and vote window. The story states: “If anything, said Dan Tokaji, an Ohio State professor of elections law and a consulting attorney for the group that sued to keep the window open, doing it earlier provides another check on the system. ‘On the unlikely event that there are ineligible voters, there's plenty of time to challenge them and have them removed from the stack before Nov. 4,’ Tokaji said."


Bailout Bill Goes to the White House

October 3, 2008

Featured Expert: Steven M. Davidoff

Professor Steve Davidoff was featured on the NPR show To the Point to discuss the bailout bill being passed by the Congress. Davidoff was featured alongside Robert Reich, former U.S. secretary of labor.


China's version of Skype spies on text chats

October 3, 2008

Professor Peter Swire was mentioned in a Los Angeles Times story about the Chinese version of Skype, which reportedly spies on text messages. The story states: “Peter Swire, who served as the Clinton administration's privacy czar for two years and is a professor of law at Ohio State University, said that although he knew of no U.S. court ruling that had required Skype to comply with wiretapping requests, it was conceivable the company was voluntarily cooperating with law enforcement.”


Housing crisis hits minorities

October 2, 2008

Professor john powell was quoted in a Columbus Dispatch story about the housing crisis’ effect on minorities. The topic is the focus of conference hosted by the Kirwan Institute for Race and Ethnicity. The story states: "If you just save the banks, you'll punish the community by locking them out of the credit system," powell said. "It's not about individual greed but a system that doesn't work."


Voting goes to court

October 2, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Chicago Tribune story about possible election law litigation. The story states: “Voter registration is likely to be the issue of the 2008 election season," said Daniel Tokaji, an election law specialist at Ohio State University Moritz College of Law.


Nashville pastors shun national pulpit protest

September 30, 2008

Featured Expert: Donald B. Tobin

Professor Donald Tobin was quoted in a Tennessean story that was also published in the USA Today about ministers around the country who purposefully endorsed presidential candidates from the pulpit, knowing that it possibly was a violation of their tax exempt status set by the IRS. The story states: “Ohio State law professor Donald B. Tobin, who specializes in tax and campaign finance, says if preachers want a tax break they have to live by IRS rules. ‘The Supreme Court has said that you are not entitled to a tax exemption,’ he said. ‘What is interesting to me is that churches feel they have a right to the benefit no matter what they do.’”


Election loophole could cause problems in Ohio

September 30, 2008

Featured Expert: Terri L. Enns

Professor Terri Enns was featured on Fox and Friends on the FoxNews Network for a story about new Ohio voters being able to register during a five-day window and vote almost immediately afterwards. Professor Enns said: “When you register, you just don't go in and say ‘hello,’ register, and ‘give me my ballot.’ You have to take in information and documents. The check can be done to say whether you are who you are say you, are and whether you are an eligible voter.”


Partisan Sunday Sermons Test Federal Tax Laws

September 29, 2008

Featured Expert: Donald B. Tobin

Professor Donald Tobin was quoted in a Wall Street Journal about U.S. ministers who endorsed presidential candidates from their pulpits. The story says: “Briefed on the content of the sermons by Messrs. Card, Emrich and Bacon, Donald Tobin, associate law-school dean at Ohio State University and a former Justice Department attorney, said they all broke the law. ‘He's using church resources in order to make his endorsement known. That's a violation,’ Mr. Tobin said, referring to Mr. Emrich in Wisconsin. ‘It's going to be very difficult for the IRS not to take action" against the protest, he said. ‘They may go after the most egregious....They can't in any kind of good administration of the Internal Revenue codes allow people to blatantly violate them.’”


One federal judge upholds Ohio's early voting policy; second ruling awaited

September 29, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Columbus Dispatch story about a federal judge upholding an interpretation of the state’s absentee voting laws. The story states: “Daniel Tokaji, an associate law professor at Ohio State's Moritz College of Law, working with the American Civil Liberties Union in the lawsuit filed in Cleveland, argued that Gwin's ruling should take precedence because it was filed first. Depending on how Smith and the Ohio Supreme Court rules, the matter may end up before the 6th U.S. Circuit of Appeals, he said. Tokaji called the Ohio GOP federal lawsuit ‘a blatant effort at judge shopping.’”


Pastors protest from the pulpit

September 29, 2008

Featured Expert: Allan J. Samansky

Professor Allan Samansky was quoted in a Chicago Tribune story about preachers being encouraged to endorse candidates from the pulpit. The story says: “Ohio State University law professor Allan J. Samansky disagrees. He contends that such rules might work for non-profit organizations that could actually be fronts for political parties or candidates. But applied to churches, such rules threaten religious liberties and adversely affect political campaigns. Government, he argues, should not regulate the pulpit.”


Three courts clear way for early voting in Ohio

September 29, 2008

Featured Expert: Donald B. Tobin

Professor Dan Tokaji was quoted in an Associated Press story about three rulings in Ohio courts regarding a weeklong time that new Ohio voters can register to vote and cast an absentee ballot almost immediately afterwards. “‘There are some forces in the Republican Party that seem bound and determined to suppress the vote by any means necessary,’ said Dan Tokaji, an elections law expert at The Ohio State University who filed a friend-of-court brief siding with Brunner.”


Ministers plan pulpit protest over endorsement law

September 27, 2008

Featured Expert: Donald B. Tobin

Professor Donald Tobin was quoted in a Detroit Free Press stories about ministers who were being encouraged to endorse presidential candidates from their pulpits. The story states: “Ohio State law professor Donald Tobin, who specializes in tax and campaign finance, says that if preachers want a tax break, they have to live by IRS rules. ‘The Supreme Court has said that you are not entitled to a tax exemption,’ he said. ‘What is interesting to me is that churches feel they have a right to the benefit no matter what they do.’”


Experts: Lawsuit unlikely to void election

September 27, 2008

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in the Green Bay, Wis., Press Gazette regarding challenges to voter registration record checks made in the state. The story states: “Dan Tokaji, an Ohio State University election law professor, said Republicans could try to mount a post-election challenge over a lack of registration checks, but it would almost certainly fail. ‘It's really hard to imagine a plausible challenge to the election results on these grounds,’ Takoji said. ‘I can imagine Republicans trying to use this to make a lot of noise. It's hard for me to imagine that strategy ultimately prevailing.’”


In the New Term, High Stakes for the High Court

September 24, 2008

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a National Law Journal story about the upcoming Supreme Court session. Berman is quoted as saying: "This group of justices, I think, have a feel for their place in the three-branch conversation," he said. "Given that the other two branches are in transition with the upcoming election, they may say, 'Let's keep a lower profile and clean up some of these circuit splits.' "


Politics From Pulpit Will Deliver Challenge to IRS

September 24, 2008

Featured Expert: Donald B. Tobin

Professor Donald Tobin was quoted in a Wall Street Journal story about U.S. ministers being encouraged to endorse a presidential candidate from their pulpits on Sunday. The story states: “Some experts say the churches are misguided, and their nonprofit status can be lawfully regulated. ‘Congress has created a provision’ to exempt churches from taxes, ‘and that provision has restrictions,’ says Donald Tobin, associate law-school dean at Ohio State University and a former Justice Department attorney. Churches ‘are obligated to follow them if they want the benefit.’”


Ohio voters responsive to absentee voting push

September 23, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Cleveland Plain-Dealer story about a surge in absentee voter applications in Ohio. The story states: “‘In an ideal world you'd love to see everyone offer the opportunity to vote by whatever means are permissible under the law,’ said Dan Tokaji, an elections law expert at The Ohio State University's Moritz College of Law.”


Opponents of Tough Federal Sentencing Rules Take Up Heller for Help

September 23, 2008

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in The AmLaw Daily regarding a case that involves a man sentenced to 55 years in prison because he carried a gun while selling drugs to an informant. "Most people think I'm crazy at first," says Berman, who writes the popular blog Sentencing Law and Policy. "I'm fighting people on the left who think this guy's a bad person just because he touched a gun, and I'm fighting people on the right who like guns but don't like people like (Angelos) with guns."


Bailout proposal grants sweeping powers to Paulson, but are they legal?

September 23, 2008

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a National Law Journal story about whether powers given to the U.S. treasury secretary in the federal government’s proposed bailout bill are constitutional. The story states: “A statute saying the Treasury secretary is authorized to do anything he wants to protect the American economy would be too broad, agreed Shane, adding, ‘The question is: Does this [proposal] come too close to that? The nondelegation doctrine is a doctrine about specificity of constitutional standards.’”


Voting system remains untested

September 22, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Cleveland Plain Dealer story about new voting systems that will be used in Cuyahoga County on the Nov. 4 election. The story stated: “‘I do think Cuyahoga County's new equipment is a real significant concern,’ said Dan Tokaji, a law professor at Ohio State University and associate director of Election Law @ Moritz. ‘You can always expect to have some glitches when you're using new equipment.’”


Democrats Push For Changes To $700B Bailout Plan

September 22, 2008

Featured Expert: Dale A. Oesterle

Professor Dale Oesterle was quoted in a Law 360 article about discussions in Congress regarding the proposed bailout bill. The story stated: 'Dale A. Oesterle, a professor at the Michael E. Moritz College of Law at Ohio State University and editor of Business Law Prof Blog, said Democrats were playing 'a game of chicken' with the White House. 'You've got a Democratic Congress, and they're going to want to put in their pound of flesh,' Oesterle said. 'There's not much time,' he added. 'The market right now is running on a projection that the bill's going to come out.'" (Subscription required)


Court Rules No Waiver of Arbitration from Filing Counterclaim

September 19, 2008

Featured Expert: Sarah Rudolph Cole

Professor Sarah Cole was quoted in an ADRWorld.com story about an Ohio Appeals Court ruling on arbitration. The story says: “Professor Sarah Cole of the Ohio State University Moritz College of Law said the law on waiver of the right to arbitrate ‘is all over the map,’ with some courts applying a presumption against waiver, while others do not. Cole noted that the party arguing that there has been a waiver in this case is the one who put the arbitration provision in the form contract.”


New Laws, Technology Challenge Elections Officials

September 19, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Wall Street Journal story about potential problems in the upcoming general election. The story states: “Federal law requires states to certify their election results within 35 days, though. In the event of a close outcome in Ohio -- which had 150,000 provisional ballots in 2004, and where President George W. Bush won by 130,000 votes – ‘we could have a real mess on our hands,’ says Ohio State University law professor Dan Tokaji.”


First Amendment has limits, local experts agree

September 18, 2008

Featured Expert: David A. Goldberger

Professor David Goldberger was quoted in a Abilene, Texas, Reporter News story about limitations on the First Amendment. The story states: “Free speech, protected by the First Amendment, is communication that flows into the marketplace of ideas that allows us to decide what we think is right, what we think is wrong, what truth is and how to best govern the country, said David Goldberger, a professor of law at Ohio State University who specializes in such issues. ‘At its very core, free speech protects that communication which is necessary for members of the electorate to be informed participants in democracy,’ he said.”


High Turnout, New Procedures May Mean an Election Day Mess

September 18, 2008

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Washington Post story about the possible election administration problems that the country could see in the upcoming general election. "If you have small glitches multiplied by thousands of voters, that means big problems that cost eligible voters their voice," said Daniel P. Tokaji, an election law specialist at Ohio State University's Moritz College of Law. The problems could be more acute with hyphenated Hispanic names or transposed Asian surnames, he said, "leaving certain groups disproportionately affected."


What Does It Take to Be 'Too Big to Fail?

September 17, 2008

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff was interviewed on NPR’s To the Point regarding the U.S. government’s decision to back AIG. Davidoff and others provided their insight as to why the world’s biggest insurance company will now be backed with $85 billion in federal money.


DHS Report Says Leave Laptops At Home

September 15, 2008

Professor Peter Swire was quoted in an Information Week story about a Department of Homeland Security warning for international business and government travelers. The department warned such travelers to not carry laptops and electronic devices abroad. The story state: “Peter P. Swire, a law professor at Ohio State University's Moritz College of Law and a senior fellow at the Center for American Progress, says travelers ought to take such warnings seriously and practice good computer hygiene. ‘Don't expose your laptop to viruses and Internet cafes,’ he said. ‘Don't put your memory stick into any receptacle where it doesn't belong.’”


Just Hang on Until Nov. 5

September 15, 2008

Featured Expert: Dale A. Oesterle

Professor Dale Oesterle published an Opinion Editorial on Sept. 15 in Legal Times about the federal government’s seizure of Fannie Mae and Freddie Mac. He says: “The big winners of last week’s mortgage-company seizures are foreign countries, foreign investors, and Republicans. The seizure would not have happened had it not been an election year.” (Free registration required).


Ohio secretary of state prevents vote caging

September 13, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Politico story about Ohio Secretary of State Jennifer Brunner taking steps to prevent “vote caging.” The story states: “Daniel Tokaji, an election law expert at Ohio State University, says that because certain groups such as low-income and young voters move more frequently, they are more likely to have their mail returned as undeliverable. ‘We can expect that vote caging would have a disproportionate effect on college students and any others who tend to move frequently,’ Tokaji said.


Observers fear Van Hollen’s election lawsuit will cause problems

September 12, 2008

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in the Milwaukee Journal Sentinel regarding a lawsuit filed in Wisconsin against the state’s election authority. The story states: “Dan Tokaji, an associate law professor at Ohio State University's Moritz College of Law, said Van Hollen's lawsuit could cause a flurry of provisional voting. That would lead to disputes among lawyers and political parties over which provisional ballots should be counted if the presidential election is extremely close in Wisconsin, as it was in 2000 and 2004 when Democrats carried the state.”


It's near the campaign's end - send in the lawyers

September 9, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an Associated Press story about potential problems in Ohio’s election system during the upcoming national election. "I'm not going to name names, but there are folks out there who want to make it more difficult for people to vote," said Dan Tokaji, a law professor at Ohio State University. As an example, he pointed to (Republican) efforts to purge Wisconsin voter registration databases of names that don't match up with other state records.


Judge eyes race question in ferry crash payout

September 8, 2008

Featured Expert: Martha Chamallas

Professor Martha Chamallas was quoted in a Newsday story about whether race should contribute to determining a person’s life expectancy. “Chamallas said race has cropped up routinely in studies she has done from the 1990s through 2005 of personal injury cases. While longevity and medical care are different issues than economic loss caused by an inability to work, Chamallas said the result sought is usually the same: determining a proper monetary award.”


Politics sully Ohio absentee ballot plans

August 27, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Cleveland Plain-Dealer story regarding how absentee ballots were dispersed in Ohio. The story states: “'I don't have any doubt that the Republicans are gunning for that seat in 2010, in large part because of the seat on the Apportionment Board,’ said Dan Tokaji, an elections law professor at The Ohio State University. ‘It doesn't necessarily mean that all of their complaints are unjustified.’”


No chad, but questions still hang over voting

August 25, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a St. Louis Post-Dispatch story about upcoming challenges in the presidential election. The story states: “The touch-screen machines came into favor after the 2002 law required states to junk their punch-card machines. That move saved an estimated 1 million votes from being lost in 2004, according to Dan Tokaji, a law professor at Ohio State University who specializes in voting issues.”


Initial Consent to Arbitration Does Not Constitute Trial Court Waiver

August 25, 2008

Featured Expert: Sarah Rudolph Cole

Professor Sarah Cole was quoted in an ADRWorld.com story regarding parties’ consent to arbitrate employment discrimination claims. The story stated: "It would be a harsh result to require Cercone, who is not obligated to arbitrate employment discrimination claims unless he explicitly agrees to do so, to have to file with FINRA and pay filing fees for his discrimination claim because his assertion of the discrimination claim in arbitration over the loan repayment amounted to a waiver of his right to bring his employment claim in court," she said. "I think that a lot of unknowing employees would fall victim to this practice if courts enforced it."


2 Officials Face Residency Scrutiny

August 24, 2008

Featured Expert: Terri L. Enns

Professor Terri Enns was quoted in the Lancaster Eagle Gazette in a story regarding discrepancies in candidates’ residencies. "It depends on where you are in the process," Enns said. "If you're a candidate up for re-election, it could go directly to the Supreme Court for a decision. If not, it would go to the Court of Common Pleas."


Georgian conflict provoked by U.S. in Iraq and its military moves in Eastern Europe

August 22, 2008

Featured Expert: John B. Quigley

Professor John B. Quigley had an Opinion Editorial published in The Olympian regarding recent conflict between Russia and Georgia. “Russia is not out to retake the former Soviet republics, despite its dawdling in withdrawing forces from Georgia. It was after all Georgia, not Russia, that started the fighting in South Ossetia on Aug. 7.”


Another win for gay rights

August 19, 2008

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a San Diego Mercury News story about a California Supreme Court ruling that says doctors cannot discriminate against people they provide services to based on those people’s sexual orientation. "This just adds fuel to that fire and underscores the urgency for cultural conservatives at winning where they can win," Spindelman said.


TV ad backing gay marriage doesn't mention Prop. 8

August 18, 2008

Featured Expert: Donald B. Tobin

Professor Donald Tobin was quoted in a Los Angeles Times story regarding a television advertisement backing same-sex marriages. The commercial’s producers say that the advertisement is not intended to defeat California’s Proposition 8, which would ban same-sex marriages in the state. “The ad calls on people to 'support the freedom to marry,' " said Donald B. Tobin, a professor at Ohio State University's Moritz College of Law and an expert on tax and election law. "In the midst of an initiative campaign, this kind of call-to-action advocacy should be seen as lobbying against the current initiative."


TV ad backing gay marriage doesn't mention Prop. 8

August 16, 2008

Featured Expert: Donald B. Tobin

Professor Donald B. Tobin was quoted in the Los Angeles Times in an article reviewing the legality of some campaign ads involving California's Proposition 8. "The ad calls on people to 'support the freedom to marry,' " said Donald B. Tobin, a professor at Ohio State University's Moritz College of Law and an expert on tax and election law. "In the midst of an initiative campaign, this kind of call-to-action advocacy should be seen as lobbying against the current initiative."


GOP crying foul over law it passed

August 15, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Columbus Dispatch story about an Ohio law that allows five days when voters can register and vote by absentee ballot simultaneously. "This is exactly what the law says and what it allows," said Daniel Tokaji, a professor at the Ohio State University Moritz College of Law. "If the Republicans are trying to close the window, they would be violating the law they wrote."


Vote in your pajamas

August 14, 2008

Featured Expert: Terri L. Enns

Professor Terri Enns was quoted in The Other Paper in a story about absentee voting. The story stated: “Terri Enns didn’t like the idea of dedicating an entire month for no-fault absentee voting when the Ohio legislature made it so three years ago. Today, as the Franklin County Board of Elections is pushing for voters to cast their general election decisions from the comfort of their homes to alleviate long lines at the polls, Enns still isn’t convinced it’s a good idea. ‘I am a fan of allowing a variety of ways of voting. I am not a fan of a 35-day window in which you can cast your absentee ballot,’ said Enns, senior fellow of election law at Ohio State University’s Moritz College of Law. ‘Things change—you might change your mind about an issue or candidate you may have already voted on.’”


Both Government, Privacy Positions Must Be Incorporated Into Web Data Privacy Policies

August 13, 2008

Professor Peter Swire was quoted in a Bureau of National Affairs report about concerns on both sides of Internet privacy issues. The main issues is balancing the privacy rights of the user and the need to obtain information for law enforcement purposes. The story states: “‘The problem is, both sides think the sky is falling, and in some senses, they are both right,’ Peter Swire, professor of law at Ohio State University Moritz School of Law, said. The challenge lies in crafting workable solutions that address both concerns, he said.”


'Hello freedom'

August 12, 2008

Featured Expert: Sharon L. Davies

Professor Sharon Davies was mentioned in a Columbus Dispatch story about a man who was released from prison after 18 years. It was recently determined that he was not the person who committed a child rape in 1990. “In Ohio, there's generally a 20-year deadline on charging somebody with rape, which means the real attacker likely still could be prosecuted, said Sharon L. Davies, an Ohio State University law professor.”


'04 election critics still unmoved by evidence

August 10, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Columbus Dispatch story about the 2004 election and how some critics still continue to argue that the election in Ohio was stolen. "It certainly does seem to have become a cottage industry," said Dan Tokaji, an Ohio State University associate law professor and elections expert.


'Marketplace' Report: A Massive ID-Heist

August 6, 2008

Professor Peter Swire was interviewed for a story on NPR’s Day to Day program. The story was about 11 men who were charged by federal prosecutors for stealing more than 40 million credit card numbers for various U.S. retailers.


Memo To Obama And McCain: Add To Your Do-Do List

August 5, 2008

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a Huffington Post column about how the Department of Justice uses the term “person of interst.” Prof. Shane is quoted: "The 'person of interest' phenomenon is something like the opposite side of the coin from terrorist watch lists. In the name of improving public safety, government authorities want to create some status for suspicious-seeming individuals that would enlarge government's investigative power without triggering the civil liberties protections that go with identifying anyone as an actual criminal 'suspect'. So far, it is not at all clear how much safety the public is getting out of the shift to a 'preventive law enforcement' mentality. There is a substantial risk that we will wind up less free, but actually no safer."


Don't want your laptop strip-searched?

August 4, 2008

Professor Peter Swire was quoted on a Salon.com story regarding Department of Homeland Security policies on confiscating and searching laptops of foreign travelers. The story stated: “Swire notes that agents at the border are going further than just taking image copies of people's hard drives. They're actually demanding passwords and encryption keys so they can examine the contents.”

Swire was mentioned in a similar blog post on dailykos.com. He was also featured on Aug. 4 in a radio interview on KPSI in Palm Springs, Calif., and also on an XM radio talk show.


Miers and Bolten ordered to answer congressional subpoenas

August 1, 2008

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a Los Angeles Times story about a federal judge’s decision to order White House officials to cooperate with an investigation into the firing of several U.S. Attorney. "The practical significance of the opinion will depend chiefly on whether the investigations persist into the next Congress and on how the new administration responds," said Peter M. Shane, a professor at Ohio State University's law school.

Shane was also quoted in a similiar Washington Post story, which can be found at this link. He was also quoted in a Washington Post column on the subject.


Govt. officials could seize your laptop and iPod

August 1, 2008

Professor Peter Swire was quoted in a Gannett News Service story that ran in several newspapers, including the Louisville Courier Journal. The story was about the Department of Homeland Security’s new policies for searching and seizing U.S. travelers’ electronic devices. "The policy only stops the dumb terrorists, because anyone can cross the border with a clean laptop," said Peter Swire, law professor at Ohio State University. "We shouldn't have intrusive searches that aren't even effective."


New director will face first ballot in 3 months

July 31, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Columbus Dispatch story about a new Franklin County, Ohio, elections director. The story: 'There are lots of land mines out there, and someone who is not experienced in running local elections must very quickly educate themselves as to where those land mines are,' said Dan Tokaji, an OSU law professor.


Bush Administration Wants To Block ACLU From Wiretapping Law Litigation

July 30, 2008

Professor Peter Swire was quoted in a story on TPMmuckraker.com regarding whether third-party groups should be allowed to file legal arguments in response to a recently created U.S. wiretapping law. "The DOJ is taking an expansive view of executive power and narrow view of judicial power, Swire told TPMmuckraker in an interview today. "Under the government's view, the judges seem required to uphold an unconstitutional system because the judges are forbidden from getting briefing from anyone other than the executive branch."


Homeland Security Workshop Panelists Discuss DHS Data Mining Privacy Issues

July 29, 2008

Professor Peter Swire was quoted in two BNA stories following a Homeland Security workshop that he participated in. The workshop involved discussions regarding governmental data mining and its privacy concerns. One story stated: “Peter Swire, a professor at the Moritz College of Law, Ohio State University, said that while the public may be most concerned with what the consequences are of government action based on a data mining analysis, the three stages of the process are interconnected to such a degree that all must be considered to adequately protect privacy.”

Here is the link to the other story:
DHS Data Mining Privacy Panel Focuses On Common Issues, Path to Consensus


Two Punishments Suggest Stiff Penalty for Donaghy

July 25, 2008

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in an New York Times story about the upcoming sentencing of a National Basketball Association referee. “Douglas Berman, a sentencing expert and professor of law at Ohio State University, said that there seemed to be little doubt about how Amon would approach Donaghy's sentencing. ‘Her sentencing of the co-defendants here, either expressly or implicitly, is shaped by how she views the overall seriousness of the offense,’ he said, ‘and the fact that she is mouthing off about how serious she thinks the crime is shows that she is likely to bring the hammer down on Donaghy.’”


Ex-Cuyahoga County Administrator Dennis Madden restricted in dealing with officials on medical mart

July 20, 2008

Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in a Cleveland Plain-Dealer story about a former Cuyahoga County official who left his position to work with a private firm. He cannot, per Ohio ethics rules, discuss any of the projects he was working on in his public role for at least a year. “Steven Huefner, an associate professor at Ohio State University's Moritz College of Law, said, ‘You hope he's made a thorough analysis of those issues before he made the move.’ It will be tricky for Madden to avoid breaking the rules, Huefner said, although it's doubtful anyone will be monitoring the situation. Violation of an Ohio ethics law is a first-degree misdemeanor punishable by up to six months in prison and a $1,000 fine.”


The Next Kind of Integration

July 20, 2008

Professor john powell was quoted in a New York Times story regarding a year after a U.S. Supreme Court decision that ruled two racial-integration efforts of schools in Seattle and Louisville, Ky., unconstitutional. The story states: “In the 1960s, Powell was one of the only African-American students in his advanced high-school classes in Detroit; when he became the class valedictorian, a teacher told him he wasn’t the smartest student. He now directs the Kirwan Institute for the Study of Race and Ethnicity at Ohio State University, and he says he still thinks that race is a category with singular power. But he also appreciates the stark effects of segregating poor kids. ‘Ever since the Coleman Report, we’ve seen that there’s a high correlation between good schools and schools that are integrated socioeconomically as well as racially,’ he says. ‘I think everyone agrees that what we need are more good schools.’”


Guns Ruling Spawns Challenges by Felons

July 18, 2008

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in an Associated Press story about the aftermath of a U.S. Supreme Court ruling that allows residents to keep loaded handguns in their home so long as they will be used for self defense. Felons are now arguing that they too should be allowed to do the same. "Do you think Scooter Libby should have a gun?" asked a law professor at Ohio State University, Douglas Berman, who says the ruling will complicate the work of the courts, prosecutors, and police.


Despite community's unease, man's urine fetish not illegal, officials say

July 18, 2008

Featured Expert: Katherine Hunt Federle

Professor Katherine Hunt Federle was quoted in a Columbus Dispatch story about how a man, who continues to be charged in connection to his urine fetish, remains free. “’There is no way a legislature can think of all the problems’ that it would need to address in statutes, said Katherine Hunt Federle, director of the Justice for Children Project at Ohio State University's Moritz College of Law. Federle said she understands the visceral reaction parents have when they learn what Patton has done — they want him off the streets for good. But the American justice system also has a responsibility to punish people humanely, she said.”


The College Credit-Card Hustle

July 17, 2008

Featured Expert: Creola Johnson

Professor Creola Johnson was quoted in a Business Week story about college and universities selling students’ personal information to credit card companies. “Creola Johnson, a law professor at Ohio State University who has studied campus credit cards, says: ‘It is unethical for schools to allow a sophisticated industry to have access to their students, [many of whom] have graduated from high school without any financial education or literacy....The playing field is grossly uneven.’


An unusual new privilege claim shields Cheney in Plame probe

July 16, 2008

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a Newsweek story about President Bush’s refusal to disclose key details about Vice President Dick Cheney's role in the leak of CIA operative Valerie Plame's identity.  "As far as I know, this is an utterly unprecedented executive-privilege claim," said Peter Shane, an Ohio State University law professor who is an expert on executive privilege and separation-of-powers issues. "I've never heard this claim before."


They Can See You

July 16, 2008

Professor Peter Swire was quoted on a WeeklyDig.com news story about a bill that would regulate web advertisers who track internet user activity and market products accordingly. The story states: “Peter Swire, law professor at Ohio State University and senior fellow at the Center for American Progress, a progressive think tank, agrees that internet companies have historically vied for consumers with a focus on user privacy. But, he adds, ‘if we have mergers, if there's fewer people playing in the search market, that might affect how much they compete on privacy.’”


War Powers Discussion on WHYY Radio

July 15, 2008

Featured Expert: Peter M. Shane

Professor Peter Shane was a guest on Radio Times with Marty Moss-Coane on Philadelphia-based WHYY Radio. The show focused on reactions to the National War Powers Commission Report and provided a closer look at executive and congressional powers of war. Professor Shane was joined by interim president of the College of William And Mary, Taylor Reveley, and Princeton University lecturer, Mickey Edwards.


Agencies are criticized over voter registration

July 14, 2008

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Tampa Tribune story that says the state of Florida is failing to help low-income residents register to vote. “Congress included public assistance agencies in the mix to ensure that low-income people who do not drive are also included, said Daniel Tokaji, a law professor at the Ohio State University and expert on voting rights. ‘This is the group where we need the most work, because it is the group least likely to participate in elections,’ Tokaji said. ‘The biggest problem with our democracy is that we don't have a representative electorate; people who are elected are not representative of the citizenry as a whole.’”


Local lawsuit tests high court's ruling that lifts D.C. gun ban

July 13, 2008

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Pittsburgh Post-Gazette story about a lawsuit filed in response to the U.S. Supreme Court’s recent decision regarding handguns. The story states: “Douglas Berman, a law professor at Ohio State University, runs the blog ‘Sentencing Law and Policy.’ He believes that if you take the right of self-defense in the home established by the Supreme Court at face value, then the felon-in-possession law seems suspect. ‘Courts are going to have to sort through issues that no one gave serious thought to,’ he said. ‘If we think this is an important right, it deserves constitutional treatment on par with other rights.’”


A Hint of New Life to a McCain Birth Issue

July 11, 2008

Featured Expert: Douglas A. Berman

Professor Daniel Tokaji was quoted in a New York Times story regarding Senator John McCain’s eligibility to run for president. The story states: “Daniel P. Tokaji, an election law expert at Ohio State University, agreed. ‘It is awfully unlikely that a federal court would say that an individual voter has standing,’ he said. ‘It is questionable whether anyone would have standing to raise that claim. You’d have to think a federal court would look for every possible way to avoid deciding the issue.’”


Players ho-hum Rod deal

July 11, 2008

Featured Expert: Larry T. Garvin

Professor Larry Garvin was quoted in the Morgantown, W.Va., Dominion Post regarding former West Virginia University football coach Rich Rodriguez. Rodriguez recently settled a lawsuit filed by WVU. “Larry Garvin, a contract law specialist and professor at Ohio State University, has followed the case with interest from the beginning. Garvin said he was not surprised by the outcome. ‘I think there is no real question that West Virginia University would have won this lawsuit and that the [liquidated damages] clause would have been found enforceable,’ Garvin said. ‘So the question is whether [Rodriguez] wanted to lose now or later. I suspect a good deal of jockeying was about how much Michigan would pay and how much Rodriguez would pay.’”


U.S. defends laptop searches at the border

July 10, 2008

Professor Peter Swire was quoted in the Christian Science Monitor regarding the Department of Homeland Security seizing some international traveler’s computers at the border. “A laptop can hold [the equivalent of] a major university’s library: It can contain your full life,” says Peter Swire, a professor of law at Ohio State University in Columbus. “The government’s never gotten to search your entire life, so this is unprecedented in scale what the government can get.”


Professor Johnson featured on television newscast

July 10, 2008

Featured Expert: Creola Johnson

Professor Creola Johnson was featured on a Columbus WBNS-CBS newscast about different types of bankruptcies. Professor Johnson explained the differences between Chapter 7 and Chapter 13 bankruptcy. “With the foreclosure crisis going on, Chapter 13 is a viable option for people who are falling behind on their mortgage but still have income to deal with the current mortgage payments. They can use Chapter 13 to pay some of the indebtedness back over time instead of at once.”


Airport Laptop Seizures Debated in Washington

July 9, 2008

Professor Peter Swire was quoted in the Transnational newsletter about international travelers who may face seizure of their laptops and other electronic devices. The story states: “Peter Swire, a law professor at Ohio State University and a former chief counselor for privacy in the U.S. Office of Management and Budget, told senators that ‘prudent businesses will increasingly have to resort to costly supplementary measures to ensure that important business information will make it past the border each and every time.’”


Rights panel launches Jeep probe

July 8, 2008

Featured Expert: L. Camille Hébert

Professor L. Camille Hébert was quoted in a Toledo Blade story regarding an Ohio commission that has begun investigating sexual harassment claims at a Toledo Jeep plant. The story states: “L. Camille Hébert, a professor of law at Ohio State University who specializes in employment law and discrimination cases, said she wasn't specifically aware of the issues at Toledo Jeep, but said the overall number of allegations in recent years ‘suggests that something's going on’ within a population the size of Jeep's approximately 3,500 workers.


Ohio Elections – Past and Future – Spawn Speculation, Special Concern

July 8, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a story on ePluribus Media regarding the possible link between home foreclosures and provisional ballots used in the upcoming election. The story states: “One election expert, Daniel Tokaji, a law professor at The Ohio State University, says Ohio’s home foreclosure problem will become an issue this year because voters who are still registered at their former addresses may be subject to challenges or sent on an odyssey to multiple polling places or be forced to vote provisionally, which can occur when election records and state identification laws collide.”


Busch sues InBev over takeover attempt

July 8, 2008

Featured Expert: Dale A. Oesterle

Professor Dale Oesterle was quoted in a Guardian Unlimited story about a lawsuit filed by Anheuser-Busch against InBev after InBev tries to take over the St. Louis-based beer producer. The story states: “Anheuser's lawsuit is likely aimed at trying to slow InBev's efforts to unseat the board and use that delay to negotiate a better takeover price, said Dale Oesterle, a law professor at Ohio State University who specializes in mergers and acquisitions. ‘The primary motivation here is delay,’ he said. ‘You go to the federal judge and ask him to grant you some sort of preliminary restraining order and then you delay the takeover, arguing to the judge that he is going to need some time to sort out the details.’”


Former defendant in New Philadelphia child murder sues prosecutor

July 7, 2008

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in a Cleveland Plain Dealer story about a prosecutor in New Philadelphia, Ohio, who was sued by a former defendant. The story states: “The situation is unique because prosecutors are typically granted immunity from lawsuits, said Ric Simmons, a professor at Ohio State University's Moritz College of Law. ‘It's extraordinarily unusual,’ Simmons said.”


Will Foreclosures Affect Voting Rolls?

July 6, 2008

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Columbus Dispatch story that was printed in several newspapers and television station web sites around Ohio. The story was about what the rising number of foreclosures may mean for election administration officials. “’It's a real issue,’ said Daniel Tokaji, an Ohio State University law professor who specializes in elections. He wonders whether foreclosures might explain the increasing percentages of provisional votes cast between 2004 and Ohio's latest election, the presidential primary in March.”


DHL-UPS deal threatens Astar

July 4, 2008

Peter Swire was quoted in a story in the South Florida Business Journal about DHL’s intention of changing its domestic air freight from a Miami-based company to UPS. The story states: “Peter Swire, who teaches antitrust law at Ohio State University, would not offer an opinion on the legality of the DHL-UPS deal, but said ‘it's an uphill battle to convince the current Justice Department to bring this sort of enforcement action.’”
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Steelworkers Merge With British Union

July 3, 2008

Professor James J. Brudney was quoted in a New York Times story regarding the United Steelworkers merging with the largest union in Britain and Ireland. The new union will now represent 2.8 million steelworkers globally, according to the report. “A labor relations expert at Ohio State University’s law school, James J. Brudney, called the merger ‘an overdue and important step considering the global nature of manufacturing.’ While it ‘is a first step toward developing a more comprehensive strategy toward globalization,’ Mr. Brudney said, ‘the challenges remain daunting.’


After Iraq, U.S. has no moral capital to lead

July 3, 2008

Featured Expert: John B. Quigley

Professor John Quigley wrote an Opinion Editorial for McClatchy newspapers regarding his views on how the United States’ role in foreign affairs will change after the Iraq war. “Public opinion around the world does not look favorably on the United States right now. We should reassess our own approach to dealing with the rest of the world before we try to organize other countries.”


WHYY Radio program on a Homeland Security initiative

July 3, 2008

Professor Peter Swire was featured on a WHYY Radio program, Radio Times with Marty Moss-Coane, regarding a discussion on theDepartment of Homeland Security and its attempts to get states to adopt the Real ID, a more secure driver's license. The DHS says it is an important security measure. Professor Swire joined Janice Kephart, founder of 9/11 Security Solutions on the hour-long program.


Bad medicine

July 2, 2008

Professor Peter Swire was quoted in a San Francisco Bay Guardian Online story about pharmacies selling pharmaceutical companies personal medical information. “But according to Peter Swire, who was Clinton's chief privacy counselor and helped draft the legislation, the law permits pharmacies to contract with outside firms to engage in reminder campaigns. As originally drafted, the law included an opt-out. But the George W. Bush administration ditched it in 2002, weakening the law. Swire said Calderon's bill appeared to be an attempt to "shift California law to the federal standards."


A $600 drug deal, 40 years in prison

June 29, 2008

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Washington Times story about a man convicted of a drug deal who Washington prosecutors are trying to keep in jail for 40 years. "The rules encourage prosecutors to lack humility," said Douglas Berman, an expert on criminal sentencing and a law professor at Ohio State University. "An acquittal should be a humbling experience. My sense is they sometimes view acquittal as an annoyance they have to work around."


Supreme Court rulings won't end lawsuits

June 28, 2008

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in an Associated Press story about the Supreme Court’s recent rulings regarding the death penalty. "This presents not just an opportunity, but an obligation to develop arguments with evidence about less-than-perfect protocols," said Douglas Berman, a law professor and death penalty expert at Ohio State University's Moritz College of Law. "And those states inclined to tweak their protocols may be setting themselves up for further litigation by people who will say 'Hey, they changed their protocols so that must mean there's something wrong with them.'"


Supreme Court Decision May Permit Felons To Own Guns

June 27, 2008

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in the New York Sun story following the Supreme Court’s ruling that Washington, D.C.’s, handgun ban was unconstitutional. "The label felon is so broad and so oppressive that maybe it makes a useful shorthand when we assume guns are bad," a law professor at Ohio State who has written on this issue on his influential legal blog, Douglas Berman, said. "But essentially Heller says the Framers thought guns were good and that guns are good in part to protect a basic civil right of self- defense."


Court Rules on Text-Messaging Privacy

June 27, 2008

Professor Peter Swire was interviewed on NPR’s All Things Considered for a story about whether employers have the right to read text messages sent by employees even if the employer is paying for the service. “A lot of people now have cell phones that are web-enabled and those are your own thing and now if you are doing your personal business that is your personal time. It is a big step safer if you use your personal equipment and not your company-provided equipment,” he said.


Is Heller Scalia’s Most Important Majority Opinion? And More on the Case

June 27, 2008

Professor Edward Lee was quoted in a Wall Street Journal blog post regarding a U.S. Supreme Court ruling and how it may carry over to other legal fields. “But over at the Utube blog, Edward Lee, an IP prof at Ohio State U.’s Moritz College of Law, argues that, for technology companies dealing with “speech-related technologies,” the Court’s Heller opinion could be good news. “If the Court interprets the Free Press clause in a parallel manner to the way it has interpreted the Second Amendment,” writes Lee, “it is very possible that Congress’s present or future attempts to regulate speech technologies under copyright law could be unconstitutional.”


Unbowed, politicians vow to execute child rapists

June 26, 2008

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in an Associated Press story about a U.S. Supreme Court decision that found that a death sentence for child rapists was unconstitutional. The story states: “According to Douglas Berman, a law professor at Ohio State University, the justices' ruling appears ironclad. ‘In the absence of death, the death penalty is off the table,’ he said. The court, he said, ‘could have left open the possibility of revamping child rape laws, by age for example, but it did not.’”


Customs Agents Copy Travelers' Laptop, Phone Data

June 26, 2008

Professor Peter Swire was quoted in New York Sun and Los Angeles Times articles after testifying before the Senate Judiciary Committee. The hearing discussed the government’s practice of searching laptop computers of those people returning to the United States from an international trip. The story states: “Mr. Swire said he believes anger over the government's refusal to explain its policies and rules for such searches is likely to grow. "'This issue may be a lot hotter issue than people realize. It may mobilize the reserve army of outraged techies," the lawyer said.'”


GOP Prepares To Scale Back Aggressive Anti-Voter Fraud Campaigns

June 26, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was mentioned in a theAtlantic.com story about the Republican Party’s decision to scale back their voter fraud claims in the upcoming general election. The story states: “(McCain's campaign counsel, Trevor) Potter, according to the attendee, endorsed election law expert Ned Foley's suggestion that bipartisan vehicles be used for conflict.”


Seeking a digital roadmap to keep communities connected

June 24, 2008

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a Los Angeles Times story about a group he is directing on how to keep communities connected in the digital age. "The advantages that the Internet has brought to Americans in connecting with issues and organizations on a national and even global scale have outpaced developments in promoting local information flow," said Peter M. Shane, an Ohio State University law professor and executive director of the group. "Many Americans find it easier to track developments in the U.S. EPA than in their own city council."


Groups to warn panel about economic effect of seizing laptops

June 24, 2008

Professor Peter Swire was quoted in a govexec.com story regarding an upcoming Senate Judiciary subcommittee hearing on the U.S. Customs and Border Patrol’s practice of seizing laptops at the border. The story states: “Peter Swire, a professor at Moritz College of Law at Ohio State University who served for two years as chief counselor for privacy under President Bill Clinton, also is concerned about the privacy implications of the ruling. ‘Opening my suitcase at the border is not the same as opening my laptop and making a permanent record of everything in it,’ he said.”


Cracking Down on Courtroom Tears

June 24, 2008

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in a TIME story about a move to ban attorneys from using emotional pleas to spare their clients in court. The story states: “The Ohio case reflects a long-standing uncertainty about the role of emotion in the application of the law, according to Doug Berman, an Ohio State University law professor and criminal-sentencing expert. He says that Phillabaum's motion is ‘part of a perhaps misguided attempt to suggest that the law is all rational and not based on emotion.’”


Ohio's secretary of state has a partisan streak that has become too visible – editorial

June 22, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Cleveland Plain Dealer editorial regarding Ohio Secretary of State Jennifer Brunner. The editorial states: “Earlier this year, when concerns were first being noted about Brunner's partisanship, Ohio State University law school Professor Edward Foley warned, ‘Election management is an area where appearance is reality. It's not good enough just to be fair. You've got to be perceived as fair.’”


White House Refuses To Release Documents On Air-Quality Policy

June 21, 2008

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a Washington Post story regarding the White House’s refusal to turn over documents sought by a House investigative committee on greenhouse-gas emissions. The story states: “Peter Shane, a law professor and executive privilege expert at Ohio State University, said the conflicts are ‘part and parcel of a larger effort to reinstate what the Bush administration believes to be the proper scope of executive power.’ In the EPA case, Shane said, Congress appears to be conducting an investigation of a policy decision that already has been made, a factor that he said ultimately could give lawmakers ‘an upper hand.’”


Privacy Act Needs Review, Amendment, GAO, Other Witnesses Tell Senate Panel

June 19, 2008

Professor Swire was quoted in a Bureau of National Affairs news story regarding witness testimony he presented at a Senate Homeland Security and Governmental Affairs Committee. The story stated: “Peter P. Swire, professor of law, Moritz College of Law, Ohio State University, and former privacy advisor in the Clinton White House, emphasized that the federal government has made progress in the post-Sept. 11 world when it comes to engaging in more effective governmentwide information sharing by breaking down agency-by-agency differences in information sharing. However, there has not been concurrent progress in coming up with a governmentwide approach to ensuring the privacy of personal information, Swire said.”
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Senator: US Gov't Needs to Better Protect Personal Data

June 18, 2008

Professor Peter Swire was quoted in an IDG News Service and other stories after testifying before the U.S. Senate Homeland Security and Government Affairs Committee. The story stated: “Swire also raised concerns that the U.S. Department of Homeland Security (DHS) is increasingly relying on biometric data such as fingerprints. DHS has promoted the infallibility of fingerprints, but it's easy to find descriptions online on how to forge them, Swire said. He called on DHS and other agencies to encrypt fingerprint and other biometric data in nearly all circumstances. ‘If you lose your fingerprint, it's hard to get a new finger,’ Swire said.”


Clash Nears Over U.S. Attorney Firings

June 16, 2008

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a National Law Journal article about the legal battle still brewing over the forced resignations of nine U.S. attorneys in 2006. The story states: “The House suit is the first case since Watergate involving a congressional demand for White House information that reached the litigation stage, said separation-of-powers scholar Peter Shane of Ohio State University Michael E. Moritz College of Law. Since Watergate, 'the cases on executive privilege in the [U.S. Circuit Court of Appeals for the District of Columbia] all had to do with special prosecutor investigations,' he said. 'The parties in interest there were really the Office of Independent Counsel and the White House.' If this battle is not unique, he added, 'It is nearly arguably so, and a replay of issues we haven't seen played out for 30 years. It's very important.'”
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Lawsuits against 2 Ohio towns challenge political sign rules

June 14, 2008

Featured Expert: David A. Goldberger

Professor David Goldberger was quoted in an Akron Beacon Journal story about lawsuit filed against two Ohio cities that claims their restrictions on political signs are unconstitutional. The story states: “There's no way Harrison's ordinance can survive, said David Goldberger, an Ohio State University law professor and expert in constitutional issues. A 1994 U.S. Supreme Court ruling said the Missouri city of Ladue couldn't restrict noncommercial speech on yard signs any more than commercial speech, he said. ‘This is really what the First Amendment is all about,’ he said.”


O'Connor's legacy fading on reshaped court

June 10, 2008

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in a USA Today story about the legacy of retired justice Sandra Day O’Connor on the U.S. Supreme Court. The story states: “Ohio State University law professor Douglas Berman says her distinct voice in that matter and on other criminal-law disputes has been lost. ‘O'Connor was concerned about giving clear guidance to state systems,’ Berman says. Justice Alito, who was a federal prosecutor and appellate judge, ‘votes in some of the same ways she did, but he is very much driven by his federal background and appreciation for federal prosecutors,’ Berman says. ‘O'Connor's absence turns the state story into background noise.’”


Who wants an old Nazi?

June 5, 2008

Featured Expert: John B. Quigley

Professor John Quigley was quoted in an Associated Press story that was published in newspapers throughout Ohio. The story was about the possible difficulties deporting an Ohio man whose citizenship was revoked based on evidence he was a Nazi guard during World War II. The story states: “John Quigley, a law professor at the Moritz College of Law at Ohio State University who has written about genocide and international law issues, said generally a person’s age and past could play into a country’s willingness to accept someone being deported.”


Voting-machine company sues Cuyahoga County

June 3, 2008

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Cleveland Plain Dealer story about a voting machine company that has sued Cuyahoga County. Cuyahoga County has previously indicated that it might sue the company for selling it voting equipment that has been discarded. "This is fairly common of someone who knows they're going to be sued," said Dan Tokaji, a law professor at Ohio State University and associate director at Election Law @ Moritz. "Rather than waiting, they go into court preemptively."


High Court Deals Government Three Losses on Clement's Last Day as SG

June 3, 2008

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in a National Law Journal story about Paul Clement’s last day as solicitor general, and the Supreme Court rulings that preceded his farewell. "Their commitment to legal and structural principles trump any anti-defendant instincts that some pundits assume they have," Ohio State University law professor Douglas Berman wrote on his Sentencing Law and Policy blog. "Anyone inclined to make quick or broad assertions about jurisprudential and political trends in the Roberts Court needs to take a close look at all the unpredictable stuff going on throughout the Court's criminal docket."


Examining Mel Weiss’ Life in Letters

May 28, 2008

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in a Wall Street Journal blog about Mel Weiss’ sentence after pleading guilty to racketeering conspiracy. The entry stated: “Reading through all these, we were of two minds. One was that Mel Weiss really does sound like a pretty good guy. The other: Is this going to have a whit of difference on his sentence? It might, says Douglas Berman, the author of the Sentencing Law & Policy blog. ‘It’s like chicken soup,’ says Berman. ‘You don’t know if it’ll help, but it probably can’t hurt.’”


OSU Law School Dean Named Ohio AG

May 28, 2008

Featured Expert: Nancy Hardin Rogers

Dean Nancy Rogers was mentioned in hundreds of news outlets after being appointed Ohio Attorney General. An Associated Press story appeared on more than 150 newspaper and television web sites, including the USA Today, Los Angeles Times, The New York Times, and Washington Post, among several others. Stories also appeared in The Columbus Dispatch, Cincinnati Enquirer, and Cleveland Plain Dealer.


Ohio House leader proposes watchdog for more state officials

May 23, 2008

Featured Expert: David A. Goldberger

Professor David Goldberger was quoted in an Associated Press story that was published in newspapers throughout Ohio. The story involved Ohio legislation that proposed allowing the inspector general to examine several agencies he currently is not permitted to. The story states: “David Goldberger, an Ohio State University law professor and expert in constitutional issues, said the proposal could create a serious conflict among Ohio's branches of government, which are designed to remain separate and monitor each other's actions. ‘It's very difficult to set boundaries on a special prosecutor or an independent prosecutor when he really isn't under control of the executive branch, which is the proper branch to deal with criminal matters,’ he said. He said Special Prosecutor Ken Starr, who prosecuted former President Bill Clinton, ‘dragged the country through a horrendous impeachment process.’”


Chinese bloggers get free rein as earthquake slows censors

May 20, 2008

Featured Expert: Daniel C.K. Chow

Professor Daniel Chow was quoted in a ComputerWorld.com story about Chinese bloggers who will be able to write freely about the recent earthquake. The story states: “Daniel Chow, a law professor at Ohio State University who focuses on Chinese matters, said that the government has typically prevented any information pertaining to disasters from leaving the country until well after the event. ‘China has come under a lot of criticism lately because of the Tibet protests,’ Chow said. ‘This is a way for China to get some favorable international publicity. The Chinese government wants to show that it is caring for its people and is responding well to a disaster.’”


Elite Athletes Fill Prosecution’s Witness List in Trial of Track Coach

May 19, 2008

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in a New York Times story about a high-profile track coach standing trial on federal charges of lying to a federal agent. The story states: “Douglas A. Berman, a law professor at Ohio State University and a federal sentencing expert who is not involved in the case, said the evidence might appear strong, but some defendants figure they can receive a similar sentence with a conviction as they can with a plea bargain. ‘I could see somebody thinking, Hey, why not roll the dice?’ Berman said Friday. ‘They could put the system on trial, would be the attitude.’”


California Supreme Court: State constitution gives gays the right to marry

May 16, 2008

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in the San Jose Mercury-News regarding a California Supreme Court ruling that found the state’s ban on same-sex marriage unconstitutional. The story stated: “‘It's hard to see how what happened today in California stays in California,’ said Marc Spindelman, an Ohio State University law professor and expert on same-sex marriage issues.”


Trial tactic decried

May 16, 2008

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in a Baltimore Sun story about an upcoming federal sentencing. The story states: “Douglas Berman, a law professor at Ohio State University, said that at the least, judges should be convinced beyond a reasonable doubt when considering ‘bigticket’ accusations. The federal public defender's office has called for the use at sentencing of acquitted and uncharged conduct to be abolished or strictly reined in.”


Cyber-Bullies: Are Lawsuits Effective?

May 16, 2008

Featured Expert: David A. Goldberger

Professor David A. Goldberger was quoted in a Columbus NBC Channel 4 story about the effectiveness of lawsuits filed against cyber bullies. "The American legal system says that if the law is designed to deal with a problem, the law should be applied to that problem and should not be taken and distorted to deal with another problem," Goldberger said.


Tough cookies for Web surfers seeking privacy

May 14, 2008

Professor Peter Swire was quoted in the Los Angeles Times in a story about Internet users’ privacy. The story states: “Peter Swire, an Ohio State University law professor who served as privacy czar in the Clinton administration, and Annie Anton, an associate professor of software engineering at North Carolina State University, highlighted the issue last week in a filing to the FTC. They encouraged the agency to create a public ‘white list’ of allowable opt-out cookies, maintained by the government or a private-sector organization. ‘The FTC can shine a spotlight on this problem,’ Swire said in an interview.”


Bill would ban sale of foreign-made flags

May 14, 2008

Featured Expert: Daniel C.K. Chow

Professor Daniel Chow was quoted in a Columbus Dispatch story about a bill that would ban the sale of foreign made American flags in Ohio. The story states: “Daniel Chow, a law professor at Ohio State University with expertise in foreign-trade law, said that the United States generally cannot discriminate against foreign goods. Senate Bill 316 may violate that principle, he said, but the GATT has an exception for protecting public morals. ‘For the flag, there might be an argument that there's a kind of public moral issue here,’ Chow said. Unless China would challenge the law with the World Trade Organization, nothing is certain, he said.”


Rule change would strip investors of control

May 12, 2008

Professor Peter Swire was quoted in a story on investmentnews.com about a proposed new exception to a privacy regulation. The story states: “While the intended objective of the proposal is beyond question, its legal basis is highly questionable. ‘The statute only allows transfer of the customer's personal information, including contact information, after the consumer has the chance to opt out,’ said Peter P. Swire, a law professor at Moritz College of Law at Ohio State University in Columbus and a former White House representative in the original Reg S-P working group.”


Plain talk with Hamas could be best way to Mideast peace

May 9, 2008

Featured Expert: John B. Quigley

Professor John Quigley had an Opinion-Editorial published in more than 20 newspapers – including the Sacramento Bee, Kansas City Star, and Raleigh News & Observer – in May regarding the U.S. relations with Hamas. The editorial states: “The U.S. is a greater obstacle than Hamas to Israeli-Palestinian peace. Given the bankruptcy of the U.S. approach, Carter's initiative with Hamas can hardly do harm. It may even do some good. Making peace will require total involvement on both sides of the Israeli-Palestinian divide.”


Ban on same-sex health coverage upheld

May 8, 2008

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in The Detroit News about a Michigan Supreme Court ruling that prevents public institutions from offering gay couples health coverage. “The ruling gives the state marriage amendment ‘the most sweeping reading possible,’ said Marc Spindelman, a visiting professor at the University of Michigan. Spindelman, an expert on constitutional law, sex equality and lesbian and gay rights, said the court's reading of Proposal 2 ‘does maximal damage to the equal rights of lesbians and gay men.’”


Court rules deal violated BP blast victims' rights

May 8, 2008

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in the Houston Chronicle. The story concerned a federal appeals court ruling that victims of a 2005 BP explosion had their rights violated by federal prosecutors and a judge. The story states: “Doug Berman, a law professor at Ohio State University who writes a sentencing blog, said victims can be problems for prosecutors. ‘The dirty little secret is that prosecutors are happy to take advantage of victims when it serves their relatively parochial interest,’ Berman said. ‘But they can also create a lot of headaches for prosecutors.’”


A White-Collar Sentence of 330 Years

May 7, 2008

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in U.S. News & World Report in a story regarding a man sentenced to 330 years in prison for a white-collar crime. "When I first saw the headline, I said, 'Is that right—years? They must mean months,' " says Douglas Berman, a sentencing expert and law professor at Ohio State University. Berman, who has written about the sentence on his blog, calls it the longest he has seen since the Supreme Court ruled that federal sentencing guidelines were advisory—rather than mandatory—in 2005.


Prevent Your Computer From Getting Hacked

May 7, 2008

Professor Peter Swire was quoted in a WBNS-10TV, Columbus, story regarding information being stolen from computers connected to a Internet “hot spot.” The story states: “Ohio State University law professor and privacy expert Peter Swire said that looking at someone's information on a free, public Web site is OK but stealing that information is where the crime starts. ‘Once you've set up the password - once you've tried to encrypt it - if the bad guys come and try to break it, that violates what's called the Computer Fraud and Abuse Act, 18USC1030 - and that's a hack attack,’ Swire said.”


Clemens Acknowledges Mistakes in Personal Life

May 6, 2008

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in a New York Times story about Roger Clemens admitting that he has made mistakes in his personal life. Berman comments on how the news could affect a defamation lawsuit Clemens has filed against his former trainer. The story states: “Douglas A. Berman, a law professor at Ohio State University, said in a telephone interview, ‘There is likely to be a lot of digging into the girlfriends and anything else the defense can get its hands on in an effort to show Clemens’s character and image were not really as great as he claimed in the suit.’”


Impeachment law has to be dusted off

May 6, 2008

Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in a Columbus Dispatch story about the legalities associated with the possible impeachment of the Ohio Attorney General. The story states: “The constitution says an officeholder can be impeached ‘for any misdemeanor in office,’ but that doesn't necessarily refer to a crime, said Steven F. Huefner, an associate law professor at Ohio State University, and Steven H. Steinglass, a law professor and dean emeritus at Cleveland State University.”


New companies recover your Web reputation

May 4, 2008

Professor Edward Lee was quoted in a Columbus Dispatch story about companies starting that promise to improve customers’ “online images.” Lee commented about the legalities of tracking down who is responsible for online comments made anonymously. The story states: “‘It's costly to litigate, of course, and it may not be worth the while of an individual,’ said Edward Lee, an Ohio State University law professor who studies Internet law. ‘And it's still not even clear, using the subpoena, if the information would be attainable.’”


After Hiatus, States Set Wave of Executions

May 3, 2008

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in an New York Times story about executions in the United States restarting following a U.S. Supreme Court ruling on one form of lethal injection. "The Supreme Court essentially blessed their way of doing things," said Douglas Berman, a professor of law and a sentencing expert at Ohio State University. "So in some sense, they're back from vacation and ready to go to work."


The Calm and the Storm: Arbitration Experts Speak Out On Hall Street Associates

May 1, 2008

Featured Expert: Sarah Rudolph Cole

Professor Sarah Cole was quoted in a story published in the May 2008 edition of Alternatives regarding a U.S. Supreme Court ruling in Hall Street Associates L.L.C. V. Mattel Inc. “I think Hall Street Associates will discourage parties from seeking expanded judicial review of arbitration awards. A party who really wants expanded judicial review of an arbitration award may contract for it and then hope that the courts will allow a declaratory judgment to determine whether legal error occurred. Although the party can’t get the expedited review the FAA provides, assuming there is a transcript and/or an opinion from the arbitration case, a judge should be able to determine whether the arbitrator committed legal error.”


Supreme Court is rejecting broad legal challenges

April 30, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Los Angeles Times follow-up story about the U.S. Supreme Court’s ruling in the voting ID case. The story stated: “Ohio State University law professor Daniel P. Tokaji said the Indiana ruling carried ‘an important lesson for voting rights lawyers who lose in lower courts: Think long and hard before seeking Supreme Court review,’ he wrote on an election law blog. ‘It's fair to point out that plaintiffs' lawyers put together a pretty weak case.’”


Voter-Identification Law Upheld by U.S. Supreme Court

April 29, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Bloomberg News story regarding a Supreme Court decision regarding the requirements of voters to present photo identification. The story states: “‘The good news is that the justices are searching for ways to depoliticize election law cases,’ said Edward Foley, director of the election law program at Ohio State University’s Moritz College of Law in Columbus. ‘The less-encouraging sign, as evidenced by the 3-3-2-1 split, is that they aren't quite there yet.’"

Foley was also quoted in a New York Times story, which can be found at this link.


Supreme Court upholds Indiana's photo ID law for voters

April 29, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Columbus Dispatch story about the U.S. Supreme Court’s ruling that upheld a law that requires voters to provide a photo ID in order to have their ballot counted. The story stated: “Prof. Daniel Tokaji of Ohio State University's Moritz College of Law noted that Ohio's law too has been challenged but for different reasons than the Indiana law. In Indiana, the law was challenged as overly burdensome on some voters, while in Ohio the challenge was based more on a ‘vagueness problem’ of having ‘different standards’ for what form of ID would suffice in different polling places and different counties, Tokaji said.”


Ohio less swift on scheduling execution dates

April 29, 2008

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in an Associated Press story that was printed in the Cincinnati Enquirer and the Zanesville Times Recorder about Ohio restarting executions after a recent U.S. Supreme Court decision. The story states: “The speed at which Ohio's death-penalty cases move forward depends on how quickly and forcefully Ohio officials respond, said Doug Berman, a law professor at Ohio State University.”


Wacky Canadians Still Believe in Privacy

April 25, 2008

Professor Peter Swire was mentioned in a Washington Post column regarding Homeland Security chief Michael Chertoff proposing sharing air travelers’ fingerprints with other nations. The story states: “‘Well, first of all, a fingerprint is hardly personal data because you leave it on glasses and silverware and articles all over the world. They're like footprints. They're not particularly private,’ he said, according to Canadian news reports and privacy lawyer Peter Swire, a senior fellow and guest blogger at the Center for American Progress.”


Courts May Get More Latitude on "State Secrets"

April 25, 2008

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted on an IPSNews.net story regarding a committee approval of the State Secrets Protection Act. The story says that the act would “allow judges to review government evidence supporting its claims that bringing a case to civil trial would involve disclosure of classified state secrets and thus compromise national security.” Professor Shane told IPS that the Bush administration "has been conspicuous in its defense of the executive's secret-keeping authorities, even where disclosure of the information sought would not seem to undermine any public interest."


Broker's Failure to Complete U-4 No Excuse for Refusing to Arbitrate

April 24, 2008

Featured Expert: Sarah Rudolph Cole

Professor Sarah Cole was quoted in an ADRWorld.com story about an Ohio appeals court decision regarding a financial advisor who was refusing to arbitrate most claims against his former employer. The story stated: “Professor Sarah Cole of the Ohio State University Moritz College of Law said of the decision, ‘I am glad to see that the court did not elevate form over substance when it found that [the brokerage employee] was required to arbitrate. Any other result would encourage brokers to avoid checking boxes, which is a ministerial activity, in order to avoid arbitration.’”
(Subscription required).


Religious 'healing,' branding charged

April 23, 2008

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in The Columbus Dispatch in a story regarding a religious dispute involving a Mount Vernon school teacher. The story states: “A public-school employee shouldn't have a Bible out on a desk in a classroom because that's incorporating religion, albeit indirectly, into the school, said Ohio State University law professor Daniel Tokaji. ‘When he's in the classroom, he certainly has responsibilities … one of which is religious neutrality,’ Takaji said.


Let's Not Repeat 2000

April 21, 2008

Featured Expert: Edward B. Foley

Professor Edward B. Foley published an opinion editorial in the Legal Times regarding “the appearance that judges let partisanship influence their ruling in election cases.” Foley states: “Let’s hope we don’t have another debacle like the one in 2000. But let’s also do what’s still feasible to facilitate a fair outcome if a serious problem does arise. We can avoid the mistrust of another Bush v. Gore — but chances are we only will if we create an Amicus Court to point the way.”


Workhorse, or stalking-horse?

April 20, 2008

Professor Peter Swire was quoted in a Las Vegas Sun feature story about Nevada’s attorney general. “The state attorneys general have broad powers to oppose unfair and deceptive trade practices,” said Peter Swire, a senior fellow at the Center for American Progress and a law professor at Ohio State University. “That gives an attorney general latitude to test what seems unfair.”


Tough cookies for Web surfers seeking privacy

April 19, 2008

Professor Peter Swire was quoted in Los Angeles Times story about online advertising and the information these advertising companies collect about consumers. The story states: "Peter Swire, an Ohio State University law professor who served as privacy czar in the Clinton administration, and Annie Anton, an associate professor of software engineering at North Carolina State University, highlighted the issue last week in a filing to the FTC. They encouraged the agency to create a public "white list" of allowable opt-out cookies, maintained by the government or a private-sector organization. ‘The FTC can shine a spotlight on this problem,’ Swire said in an interview.”


Lawmakers asked to put cap on payday lending interest rate

April 18, 2008

Featured Expert: Creola Johnson

Professor Creola Johnson was quoted in the Springfield News-Sun regarding a story that discusses whether the state should put a cap on pay-day loans’ interest rates. The story states: “Creola Johnson, an Ohio State University law professor, studied the industry with students who took out payday loans. She suggested a database to track loans and prevent multiple ones at once, longer repayment plans from the beginning such as one month for each $100, and limiting loan amounts to a percentage of income. ‘The law as it currently stands is insufficient,’ Johnson said.”


Stevens new foe of death penalty

April 17, 2008

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in a Chicago Tribune story about a Supreme Court decision that ruled a form of lethal injection constitutional. The story states: “No prisoner has been executed in the United States since Michael Richard was put to death by lethal injection in Texas last September. But now ‘the timeout is over,’ said Doug Berman, a law professor at Ohio State University and an expert on sentencing issues.”

Berman was also quoted in a similar Associated Press story that was printed in several Ohio newspapers.


Google, AOL execs: Opting out of targeted ads OK by us

April 17, 2008

Professor Peter Swire was quoted on a www.news.com story about advocacy groups trying to find ways to limit online advertisers’ ability to target consumers. Technology that would allow Internet users to “opt-out” of the solicitation is far from perfect, the story states. “Without a better way to get around those shortcomings, ‘we have...consumers and the FTC and industry agreeing on consumer choice and then no way to technically get there,’ said Peter Swire, an Ohio State University law professor and a former lead privacy counselor in the Clinton White House.”


Pa. Officials Pin Hopes on Provisional Ballots

April 16, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was interviewed in a story on NPR’s Morning Edition about provisional ballots in the upcoming Pennsylvania primary election. The story states: “Ned Foley, a professor at the Moritz College of Law at Ohio State University, sees other difficulties. He says state laws require that provisional voters be registered for their votes to count, but he adds: ‘That is usually all the state law says. And it turns out that that question is much trickier in practice. Sometimes registration forms get lost in transit from the motor vehicle bureau to the election officials. Is that voter registered or not registered?’”


Moritz professor to lead national study of community-media link

April 16, 2008

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a Daily Reporter story about a national commission that he will be leading. The commission is expected to determine whether the information needs of 21st century American citizens and communities are being met and make recommendations for public policy and private initiatives that will help better meet community information needs. "The most obvious change is the explosion of new technologies relevant to the creation and sharing of information," Shane told The Daily Reporter Tuesday. "Local and global events have become more profoundly interconnected, both literally and metaphorically."


Ann Fisher commentary: Consent forms for sports play rough

April 14, 2008

Featured Expert: Larry T. Garvin

Professor Larry Garvin was quoted in a Columbus Dispatch column about parents being asked to sign waivers stating that they won’t sue if their child is injured in an athletic event. The column states: “Larry Garvin, who teaches contract law at Ohio State University's Moritz College of Law, was kind enough to enlighten me. In general (and there always are exceptions in law), he said, public-school sports differ from, say, club sports because participation is considered part of the educational experience.”


If truth be told, you don't always need ID for domestic flights

April 14, 2008

Professor Peter Swire was quoted in a Seattle Times story detailing that passengers flying within the United States do not need photo identification to board the flight. The story stated: “'There should be accurate notice from the government about rules that apply to citizens, and the notice that you need ID doesn't seem accurate,' said Peter Swire, a law professor at Ohio State University and the chief counselor for privacy during the Clinton administration.”


Democrats should stick by Florida, Michigan ouster

April 10, 2008

Featured Expert: Deborah Jones Merritt

Professor Deborah Jones Merritt published an Opinion Editorial in The Columbus Dispatch about why Democratic primary votes in Florida and Michigan should not factor into the party’s choice for a presidential nominee. “The rhetoric about Florida and Michigan overlooks two fundamental points: Everyone knew the rules governing these states six months ago, long before any candidate started winning or losing. And voters lose faith in an election system that changes the rules after the ballot box closes,” she said.


Skybus files bankruptcy

April 7, 2008

Featured Expert: Creola Johnson

Professor Creola Johnson was quoted on Columbus’ ABC Channel 6 regarding Skybus filing for bankruptcy. Johnson commented on the type of bankruptcy that the company filed, and what the law says about the company paying back its creditors. “(The company) can put itself back in the position of getting planes back in the air and becoming a profitable entity just like like Delta, U.S. Airways, and other airlines have filed in the past,” she said.


Four-legged clients have legal standing

April 4, 2008

Featured Expert: Bruce S. Johnson

Professor Bruce Johnson was quoted in a Columbus Dispatch story about the emerging field of animal law. "I think there has been growth in the area, and it has been picked up by some schools but not here -- not yet," said Bruce Johnson, associate dean of information services at Moritz.


Va. Executions Are Put on Hold

April 2, 2008

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in a Washington Post story about Virginia putting its executions on hold. Virginia Gov. Timothy Kaine postponed all executions until the U.S. Supreme Court makes its ruling on the use of lethal injections. The story stated: “But Douglas A. Berman, a sentencing expert at Ohio State University, said Kaine's action did not go far enough. ‘If he wanted to be really bold, he could say, 'I am putting a moratorium on all executions for all of 2008,’’ Berman said, ‘because even after the Supreme Court rules, we are going to have to take some time to figure out what it all means.’”


Congress Raises Call for Data Safeguards

March 31, 2008

Professor Peter Swire was quoted in a Wall Street Journal article about members of the U.S. Congress calling for increased safeguards to protect citizens’ personal data. The effort came after two presidential candidates’ passport files were improperly looked at by government employees. "At least they actually had the systems in place to catch it and they took it seriously," said Peter Swire, a senior fellow at the Center for American Progress and former top privacy official during the Clinton Administration, who said some good could come of the incident. "It's sending a signal to every data clerk in the country that you shouldn't browse."


Judges can still punish acquitted defendants

March 31, 2008

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in the Los Angeles Times in a story about a U.S. Supreme Court decision. The court refused to hear a case that questioned justices’ ability to punish suspects for some crimes even after a jury has acquitted them. "This is very disappointing," said Douglas Berman, an Ohio State University professor who is an expert on sentencing. "They have dodged this for now, but eventually the Supreme Court will have to grapple with this again."


Newspaper review: counties treat crossover voters differently

March 28, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in the Akron Beacon Journal about the number of crossover votes in the recent presidential primary election in Ohio. The story discussed looking at the century-old law that details who can vote in primary elections. The story stated: "Edward Foley, director of the election law program at Ohio State University, said having a law without enforcing it doesn't make sense. 'I think the lesson to be learned is that in Ohio, we need to figure out which model we want and then adopt a model we feel we can enforce,' he said."


Ohio counties vary in challenging crossover voters

March 28, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Columbus Dispatch regarding the number of crossover votes in the recent presidential primary in Ohio. "I think the lesson to be learned is that in Ohio, we need to figure out which model we want and then adopt a model we feel we can enforce," said Edward B. "Ned" Foley, director of an elections-law program at Ohio State University.


PBS’ ‘Unnatural Causes’ Explores the Racial, Economic Inequality That is Sickening America

March 28, 2008

Professor john a. powell was quoted on blackamericanweb.com about a study that found one’s social environment is key to a healthy life. “The real failure ... is we have tried to solve public problems and social issues privately,” john powell, executive director of the Institute for the Study of Race and Ethnicity at Ohio State University, said at a forum following the premiere. “The Bush administration’s attempt to privatize Social Security was done because it’s social,” Powell said.


Kovacic Appointed New FTC Chairman

March 27, 2008

Professor Peter Swire was quoted in a Washington Post story about a new chairman of the Federal Trade Commission. William E. Kovacic replaced Deborah Platt Majoras. The story stated: “Peter Swire, who was President Bill Clinton's privacy adviser, said Kovacic will listen to all sides. ‘Privacy advocates may not always agree with him, but he will give them a very fair hearing,’ he said.”


Sovereign Funds: First Steps toward a Code of Conduct

March 25, 2008

Featured Expert: Paul Rose

Professor Paul Rose was quoted in a story in Les Echos, a French daily business newspaper. The story involved sovereign wealth funds, and Rose discussed the sovereign wealth fund code of conduct agreed to by Abu Dhabi, Singapore, and the Treasury Department.


Right to counsel probed by justices

March 17, 2008

Featured Expert: Joshua Dressler

Professor Joshua Dressler was quoted in a National Law Journal story regarding two 6th Amendment right to counsel cases that are expected to go before the U.S. Supreme Court. “The Sixth Amendment right to counsel has been treated by the Supreme Court with a bit more care and as having value, more so than a number of the other criminal procedural rights,” said criminal law scholar Joshua Dressler of Ohio State University Michael E. Moritz College of Law. “While one may automatically assume the Supreme Court will come down on the side of the government in Fourth Amendment and Miranda cases, it's a little less obvious they will do so when you come to the right to counsel,” added Dressler, who signed a law professors' amicus brief supporting Rothgery. “In a number of other areas, they have shown a willingness to assert that right with power.”


Future of union vote uncertain

March 13, 2008

Professor James Brudney was quoted in the Springfield News-Sun regarding a California Nurses Association interfering in the vote of two local unions, Catholic Healthcare Partners and the Service Employees International Union. The story stated: “The agreement was similar to what unions have been attempting for about a decade — to tame the adversarial environment that plagues most campaigns, said Jim Brudney, of the Michael E. Moritz College of Law at The Ohio State University. ‘The legal apparatus to allow free elections is terribly broken,’ Brudney said. ‘Some of the tactics (used by unions and employers) are chilling.’”


Arbitral Waiver of Statutory Claims in CBA Before Supreme Court

March 13, 2008

Featured Expert: Sarah Rudolph Cole

Professor Cole was mentioned in a story on ADRWorld.com. The story discussed the Supreme Court’s decision to answer the question of whether an arbitration clause in a collective bargaining agreement can waive the rights of union members to bring statutory claims in court. The story states: “Sarah Cole, a law professor at Ohio State University Moritz College of Law, predicted that the court would overturn Gardner-Denver and enforce the clear and unmistakable waiver in the CBA in Pyett.”
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Did Limbaugh's Crossover Voters Break Ohio Law?

March 12, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Wired story about possible crossover votes in the recent presidential primary election in Ohio. Tokaji said: “If after doing this the person gets online and says 'Ha, ha ha. I tricked them and signed this statement,' maybe then we could imagine someone being prosecuted.”


Obama Pastors' Sermons May Violate Tax Laws

March 10, 2008

Featured Expert: Donald B. Tobin

Professor Donald Tobin was quoted in a Wall Street Journal story about the nonprofit organizations campaigning on behalf of presidential candidates. “Donald Tobin, an associate dean at Ohio State University law school, who formerly worked for the Justice Department on nonprofit tax matters, adds that nonprofits cannot make endorsements or engage in a ‘pattern and practice that is designed to support one candidate over another.’ After being read sections of the Trinity sermons by the Journal, he said, ‘There does seem to be a pattern of attempting to tip the scales in a way for Barack Obama. And churches shouldn't be doing that.’"


Ohio's voter-crossover laws unevenly enforced

March 9, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in the Dayton Daily News regarding the number of Republicans who changed parties during the recent Ohio presidential primary in order to vote for the Democratic candidate they felt would fair worse against the Republican nominee. Foley explained that such crossover voters were supposed to be questioned by poll workers, but the story found that few were. “Edward B. Foley, director of the election law project at Ohio State University, said it's time for Ohio's legislators to take a closer look at the state's primary election rules after decades of looking the other way. ‘If we like the current law, let's enforce it,’ he said. ‘If we don't, let's change it.’”

Foley was quoted in a similar story in the Cleveland Plain Dealer.


Election largely seen as success

March 6, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Columbus Dispatch story about Ohio’s presidential primary election. The story states: “Edward B. ‘Ned’ Foley, director of an elections-law program at Ohio State University, said his biggest concern was the last-minute court action to keep some polls open. That could be used as a ‘mischievous tactic’ in future elections to secure additional votes, he said. ‘It wasn't a perfect election, I think that's for sure, and hopefully we can learn to do better for November,’ he said.”


Turnout, Technology and Nature Marred Balloting in Ohio

March 6, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a New York Times story about Ohio’s presidential primary election. The story states: “But Edward B. Foley, director of the election law project at Ohio State University, said those crossover voters might not have been handled in accordance with state law. Poll workers, he said, are supposed to challenge any voter whose eligibility they doubt based on voting history and whether the voter was affiliated with a different party for at least two years. The law also requires voters in question to sign a statement verifying their desire “to be affiliated with” and to support “the principles of the political party whose primary ballot the person desires to vote,” he said. “In Franklin County, my impression is that there was no enforcement of this requirement,” said Professor Foley, adding that he had heard reports from several other counties where the law apparently was not enforced.


Judge Daniel Gaul continues to play central role at Myers University

March 5, 2008

Featured Expert: Dale A. Oesterle

Professor Dale Oesterle was quoted in the Cleveland Plain Dealer regarding a Cuyahoga County Common Pleas judge who is trying to save Myers University. The story states: “Dale Oesterle, a law professor at Ohio State's Moritz College of Law, didn't want to weigh in on Myers specifically because he said he hasn't followed the case closely. But Oesterle said, in general, he's ‘very leery of judges running businesses because often it doesn't work out.’ ‘In general in these cases, when the money runs out, they wind up the business,’ he said.”


Some are told to wait - or come back later

March 5, 2008

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in The Cincinnati Enquirer regarding some polling places running out of ballots during the presidential primary election in Ohio. The story states: “Turning voters away would be illegal, said Dan Tokaji, associate professor of law at the Ohio State University's Michael E. Moritz College of Law. Running out of ballots damages people's faith in the election process, he said, particularly if people are turned away. ‘This is most unfortunate,’ he said. ‘This is one of the disadvantages of paper ballots. If you don't have enough on hand, you're in trouble. It's a serious issue. I can understand why it happens, but it doesn't excuse it.’”


Are we ready for Ohio's primary?

March 2, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Cleveland Plain Dealer story regarding possible election-related problems in the upcoming presidential primary election in Ohio. "Ohio already suffers a reputation that it can't handle the voting process very well," said Edward Foley, an election-law professor at Ohio State University. "It wouldn't take too many difficulties for that reputation to continue."


Ohio primary: State of confusion

March 2, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Columbus Dispatch story regarding they upcoming primary election in Ohio. The story states: “Edward B. "Ned" Foley, director of an elections-law program at Ohio State University, said late returns wouldn't necessarily be a problem because he thinks it's more important to ensure that vote totals are accurate than to get them fast. But he said any major problems that delay the results or otherwise mar Tuesday's vote would add to a lingering nationwide distrust of Ohio elections because of controversy over the 2004 presidential election. ‘I'm afraid that when the dust settles, that people will look back on March 4 not with a vindication of Ohio but an ongoing and continuing distrust of Ohio,’ he said.”


Supreme Court Hears Argument on Preemption Issue Involving State Agency

March 1, 2008

Featured Expert: Sarah Rudolph Cole

Professor Sarah Cole was quote in the February/April edition of the Dispute Resolution Journal. The story was about the U.S. Supreme Court hearing arguments over a preemption issue involving a California state agency. The story stated: “Prof. Sara Cole of Ohio State University’s Moritz College of Law suggested that the Court’s concern with the length of the Labor Commissioner’s adjudication and subsequent de novo appeal could indicate that the Court is leaning toward finding preemption in this case.”

Republicans removed from election boards cry foul about Secretary of State

February 29, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Cleveland Plain Dealer story regarding Ohio Secretary of State Jennifer Brunner removing Republican members of election boards. "Election management is an area where appearance is reality," said Edward Foley, professor at Ohio State University's Moritz College of Law. "It's not good enough just to be fair. You've got to be perceived as fair."


To some, McCain's financial tangle ironic

February 29, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Boston Globe story about how some feel that John McCain’s woes with the Federal Election Commission are ironic because of the campaign finance reform laws McCain helped champion. "You don't want a sense that the choice of president is hamstrung by . . . rules that somehow stack the deck in favor of one candidate against another," said Ned Foley, a professor of election law at Ohio State University.


Justice's deals draw scrutiny

February 29, 2008

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in the Houston Chronicle story about two Houston attorneys who began researching how the Justice Department “lets corporations accused of wrongdoing off the criminal hook.” The story states: “Doug Berman, a professor at Moritz College of Law at Ohio State University who writes on federal sentencing, said ‘it's sad nobody was keeping track until some eggheads in Houston did.’ ‘We have a sentencing commission that tracks every sentence on drug cases and sex offender cases, yet when it comes to the Justice Department giving a break to corporations, nobody keeps track of this stuff,’ Berman said. ‘The powers that be don't want too much out about whether corporations are getting too many breaks.’”


High Court Rules Age Case Can Proceed

February 28, 2008

Professor James Brudney was quoted in a Wall Street Journal story regarding the Supreme Court’s decision to allow an age discrimination case to proceed. The story states: “‘This is one of those situations where Justice Thomas ... may have a different view’ of how much deference the agency deserves, Mr. Brudney said. Even Justice Scalia, who joined the dissent, made clear his unhappiness with the commission's performance.”


Site serves up 'Haterade'

February 28, 2008

Professor Edward Lee was quoted in the Ohio State University student newspaper, The Lantern. Lee was mentioned in a story regarding a web site called, juicycampus.com, which allows students to post rumors regarding their campuses anonymously. "The Communications Decency Act provides a safe harbor or immunity for Web sites that are merely publishing the content posted by third parties," Lee said. "As long as they're not encouraging people to break the law, they're still safe under the law."


Provisional ballots may be the hanging chad of ’08

February 28, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley co-authored an opinion editorial that was published in The Hill. Foley, alogn with co-author Tova Andrea Wang, highlight the possible importance provision ballots may play in the upcoming election. The op-ed says: “Provisional ballots were mandated by federal law in order to ensure that no voter would be turned away without voting when he showed up at the polls. Beyond that, the law said little about whether those voters should have their ballots count. As November approaches, it is up to the states and the parties to act immediately to ensure that a close election does not once again end up in chaos and litigation.”


Supreme Court Extends FAA Preemption of State Arbitration Laws

February 26, 2008

Featured Expert: Sarah Rudolph Cole

Professor Sarah Cole was quoted in an ADRWorld.com story regarding the Supreme Court’s clarification that the Federal Arbitration Act supercedes state laws. The story states: “Ohio State University Moritz College of Law Professor Sarah Cole predicted after oral argument that the Court would reach this result. (See ADRWorld.com: Supreme Court Hears FAA Preemption Argument in California Case , 1/15/2008). Explaining the Court's decision, Cole said that allowing the Labor Commissioner to address the dispute interferes with the parties' ability to enforce their arbitration agreement, a result the FAA does not permit.”


Voting Changes May Snarl

February 22, 2008

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Wall Street Journal story about possible problems in tallying votes cast in the upcoming March 4 primary. Two months ago, under orders from Ohio's secretary of state, Cuyahoga County removed its touch-screen voting machines and replaced them with paper ballots. "We can safely predict there will be some problems" with the county's new voting system, says Ohio State University law professor Daniel Tokaji. "How catastrophic it is depends on how close the election ends up being."


Finding 11-Day Sentence Not Too Little but Too Late

February 12, 2008

Featured Expert: Douglas A. Berman

Professor Douglas Berman and one of his former students, Matthew Sinor, were featured in a New York Times story regarding the sentencing of an Alabama man. Professor Berman is expected to petition the U.S. Supreme Court regarding the case.


Police rethink obscenity charges

February 5, 2008

Featured Expert: David A. Goldberger

Professor David Goldberger was quoted in a Columbus Dispatch story about criminal charges being dropped against an Abercrombie & Fitch manager in Virginia. The manager refused to take down promotional posters that police and some customers deemed inappropriate. "What would they have done with David by Michelangelo?" Goldberger asked. "It seems the standard they're using is equally as applicable there."


Antitrust approval for deal not seen as slam dunk

February 1, 2008

Professor Peter Swire was quoted in multiple media in stories about Microsoft possibly purchasing Yahoo. Stories ran in the San Jose Mercury-News and PC Magazine, among others. Privacy will become "a central issue" in the antitrust review, said Peter Swire, law professor at Ohio State University law school. "The search engines have been competing this year with new privacy features. The key antitrust question is whether the proposed merger will substantially affect that competition in search privacy," Swire said.


Congress Seeks to Limit "State Secrets" Privilege

January 31, 2008

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a story written by the Inter Press News Service that was picked up by a handful of newspapers. The story concerned legislation that would provide a mechanism for protecting legitimate state secrets while also permitting civil litigation filed against the U.S. to proceed. "The current Supreme Court is so solicitous of presidential power that there is absolutely no prospect of real reform initiated by the current judiciary. If there is to be change, it will have to be at the initiative of Congress," Shane said.


Data Collection Consumer Notice, Consent

January 30, 2008

Professor Peter Swire was quoted in story published by The Bureau of National Affairs’ Privacy Watch newsletter. “Peter Swire, law professor at Ohio State University and senior fellow at the Center for American Progress, told meeting participants that making privacy more of a priority at an early stage and weaving privacy into the process could eliminate the current approach of ‘sending out endless notices.’ Among the areas of focus recommended by Swire were increased restrictions on the use of data gathered for anti-fraud activities, limits on the collection of personal data based on the need to fulfill orders and services and conduct necessary business operations, and the setting of certain public priority exceptions for data exchange…” (Subscription required).


Why the death penalty is on hold in U.S.

January 29, 2008

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in a story written by the Canwest News Service in Canada about the U.S. Supreme Court’s case involving lethal injections. "States need to be confident and certain in the lawfulness of whatever execution method they are using before they go forward again," says Douglas Berman, a professor at Ohio State University who specializes in death penalty law. "I think this is an opportunity in a practical sense for everyone to take a breath and take stock . . . and come to some broader judgments about the death penalty."


Watchdogs spurn Bush's vow of earmark veto

January 29, 2008

Featured Expert: Peter M. Shane

Professor Peter Shane was mentioned in a Boston Globe story about President Bush's announcement of a new initiative against congressional earmarking of funds for politicians’ pet projects. The story states: “Still, Ohio State University law professor Peter Shane said that Bush's executive order could have some impact a year from now. If Bush's successor decides to allow earmarking to continue, perhaps to avoid a fight with Congress, he or she will still have to pay the political price of rescinding Bush's order, Shane said.”


Rod: Verbal agreement made to reduce buyout

January 27, 2008

Featured Expert: Larry T. Garvin

Professor Larry Garvin was quoted in a Morgantown, W.Va., Dominion Post story about former West Virginia University head football coach Rich Rodriguez. The story details a verbal agreement between Rodriguez and the university’s athletic director, Mike Garrison. “Larry Garvin, a contract law specialist at Ohio State University’s Michael E. Moritz College of Law, says there are exceptions to a zipper clause. The coach could contest the zipper clause by proving that he was fraudulently misrepresented, Garvin said. ‘There is some room for argument,’ Garvin said. ‘We’re not talking careless misrepresentation. Fraud requires an intent to deceive. Suppose Garrison had intended to make it lower, but checked into it, and wasn’t able to. That wouldn’t be fraud if he wasn’t intending to mislead Rodriguez.’”

Voting machine fight gets ugly

January 25, 2008

Featured Expert: Edward B. Foley

Professor Ned Foley was quoted in a Cincinnati Enquirer story regarding Ohio’s squabble over voting machines. The story states: “Edward ‘Ned’ Foley, director of election law at Ohio State University’s Moritz College of Law, said everyone should be concerned about heightened partisan squabbling. ‘I think it’s important for Ohio – and really for the nation because of Ohio’s role – that the procedures for conducting the voting process this year work for both sides, and be bipartisan in some significant respect,’ Foley said in an interview.”


ID laws spur voting legal battle

January 24, 2008

Featured Expert: Daniel P. Tokaji

Professor Daniel P. Tokaji was quoted in an Associated Press story that was published widely across the nation, in media like the USA Today, Fox News, Forbes, and the Akron Beacon Journal. "Voter ID laws ostensibly deal with voter impersonation," said Daniel P. Tokaji, a law professor at Ohio State University who last year helped prepare a report on the subject for the U.S. Election Assistance Commission. "But that effectively never happens. If you're gonna cheat, the easiest way is to do so through mail-in ballots. You'd have to be a fool to go to the polls and pretend to be someone else. What would you gain?"


Democratic Leaders Delay Contempt Again

January 24, 2008

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a news story on truthout.org regarding the possible contempt hearings of at least two members of President Bush’s Administration. "The Democratic leadership is presumably aware that the president can ultimately short-circuit any contempt process by using his pardon power," said Ohio State University Law Professor and separation of powers expert Peter Shane.


Election chief finds surprises in first year

January 22, 2008

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an Associated Press story about Ohio Secretary of State Jennifer Brunner’s first year on the job. The story was published in several newspapers throughout the state. "She's gotten off to a rocky start in terms of voting rights and working with voting officials," Tokaji said. "I hope she learns from her mistakes rather than dig her heels in."


Geauga fair board punishes teens for anti-doping protest

January 20, 2008

Featured Expert: David A. Goldberger

Professor David Goldberger was quoted in the Cleveland Plain Dealer regarding a story about two 4H members who pained “drug free” on two steers they were entering into the county fair. The message was in reference to last year’s county steer champion, which later was disqualified after it tested positive for steroids. The story states: “Professor David Goldberger of Ohio State University's Moritz College of Law said the Ferguson sisters hold a constitutional right to express their opinion. He doubted the fair board's reprimand could survive a legal challenge: ‘The First Amendment doesn't protect against hurt feelings,’ he said.”


Is Putin trying to revive Cold War with the U.S.?

January 20, 2008

Featured Expert: John B. Quigley

An Opinion Editorial written by Professor John B. Quigley was published in The Columbus Dispatch, as well as by papers in Duluth, Minn., Kansas City, Mo., Charlotte, N.C., Sacramento, Calif., and other cities. The point-counterpoint column answered the question: Is Putin trying to revive the Cold War with the U.S.? “If we pulled out of Iraq, stopped threatening Iran and promoted a just Israeli-Palestinian peace, we might find world leaders like Putin encouraging us, instead of confronting us,” Quigley wrote.


Ex-NFL Player Pleads Guilty in Balco Case

January 19, 2008

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in a New York Times story about Dana Stubblefield, a former defensive lineman in the NFL, pleading guilty to charges that he made false statements to federal officials about his use of performance enhancing drugs. The story states: “Douglas Berman, a federal sentencing expert and professor at the Ohio State University Law School, said Stubblefield would probably face six months in prison.”


Supreme Court Hears FAA Preemption Argument in California Case

January 15, 2008

Featured Expert: Sarah Rudolph Cole

Professor Sarah Cole was mentioned in an ADRWorld.com story about the U.S. Supreme Court questioning whether a California licensing law that grants the state’s Labor Commissioner jurisdiction over talent agency disputes is preempted by the Federal Arbitration Act. The story states: “Sarah Cole of Ohio State University's Moritz College of Law said that this case will clarify the application of FAA preemption in the context of conflicting administrative proceedings.” (Subscription required.)


How we'll cast ballots to change

January 13, 2008

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Cincinnati Enquirer story regarding possible changes in Ohio’s election systems. "People say, 'That seems like a good idea, let's do it.' And there are a lot of unintended consequences," says Daniel P. Tokaji, an expert on election law at the Ohio State University's Moritz College of Law.


New gun law could force Pa. to report mental health history

January 13, 2008

Professor Peter Swire was quoted in a story in the Bucks County, Pa., Courier Times about a Pennsylvania law that allows people who voluntarily commit themselves to a mental hospital to still buy guns, despite a federal law that says they can’t. “Peter Swire, now a law professor at Ohio State University, said HIPAA applies only to hospitals and insurance companies when it comes to sharing medical information. And hospitals can disclose information when it is required by law. In Pennsylvania, one such law is Act 77, which requires that involuntary commitments are reported to state police. “HIPPA does not tell the state what to do,” Swire said.


Political sign battle in Mariemont

January 11, 2008

Featured Expert: David A. Goldberger

Professor David Goldberger was quoted in a Cincinnati Enquirer story regarding a lawsuit filed against the city of Mariemont because of its political sign regulations. The story states: “David Goldberger, Ohio State University professor of law and a First Amendment and constitutional law expert, said he believes Mariemont ‘has an uphill fight’ on its hands. He said Mariemont’s restrictions on political signs seem especially questionable in a presidential election year. ‘Primaries are going on across the country,’ Goldberger said. ‘The presidential campaign is on. I don’t see how they can limit political signs to 30 days and call that a reasonable regulation.’


Justices seem OK with voter ID law

January 10, 2008

Featured Expert: Edward B. Foley

Professor Edward B. Foley was quoted in a Columbus Dispatch story about a case argued before the U.S. Supreme Court. An Indiana law that requires voters to show a government-issued photo ID is being questioned. "Only an outlier like Indiana could be in trouble," said election law expert Edward B. Foley, an Ohio State University law professor who attended the Supreme Court session. "Ohio is safer."


Governor commutes death row inmate's sentence to life in prison

January 10, 2008

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in an Associated Press story that was published in the Akron Beacon Journal and Manfield News Journal. The story was about Ohio Gov. Ted Strickland’s decision to commute the death sentence of a man convicted of murdering an Ohio postmistress. "I don't think any of the current administration or any of the folks in the House or Senate at the state level see any personal, political or philosophical value in having a big debate over the status of the death penalty in Ohio," Berman said.


Ohio Court Rejects Arbitration Clause That Lacks Waiver Language

January 9, 2008

Featured Expert: Sarah Rudolph Cole

Professor Sarah Cole was quoted in a story on ADRWorld.com regarding an Ohio court’s ruling in a pre-dispute arbitration agreement. The story stated: “Ohio State University Moritz College of Law Professor Sarah Cole called the court's decision ‘a stunning outcome.’ ‘I am surprised to see that the court held that a standard arbitration clause in a consumer contract is unenforceable on both substantive and procedural unconscionability grounds,’ she added.”


Republicans, Democrats Clash Over Voter-ID Law at Supreme Court

January 8, 2008

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Bloomberg story previewing the U.S. Supreme Court’s upcoming arguments over whether requiring voters to show identification is unconstitutional. “There is a significant risk that it will be a 5-4 split with the four liberal justices on one side, the four conservative justices on the other side and Justice Kennedy joining one side or the other,” said Edward Foley, director of the election-law program at Ohio State University's Moritz College of Law in Columbus. “If it ends up being a split court, I could see him going one way and I could see him going the other way.”


Scholars Mount Large-Scale Effort to Study Affirmative Action's Effects—Bad and Good

January 8, 2008

Featured Expert: Nancy Hardin Rogers

Dean Nancy Rogers was quoted in The Chronicle of Higher Education in a story about a research project intended to study the effects of affirmative action in colleges and law schools. The story states: “Among the law schools that have provided information to the consortium is Ohio State University's. Its dean, Nancy H. Rogers, who recently completed a term as president of the Association of American Law Schools, said in an interview on Monday, ‘It is hard to have views on research that has not been done,’ but ‘the academy in general is supportive of research,’ and ‘most scholars want to see more research, not less.’”


Voter ID Laws Are Set to Face a Crucial Test

January 7, 2008

Featured Expert: Daniel P. Tokaji

Professor Daniel P. Tokaji was quoted in The New York Times and International Herald Tribune in a story previewing the Supreme Court’s upcoming arguments regarding voter identification requirements in voting. “The incident is at the heart of the highly anticipated case, which challenges the constitutionality of the Indiana law and, according to Daniel P. Tokaji, a professor of law at Ohio State University, is ‘the most important case involving the mechanics of election administration in decades.’”


Top court takes first look at issue of lethal injection

January 6, 2008

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in the San Jose Mercury News in a story previewing the Supreme Court’s arguments over the use of lethal injections in performing executions. "Avoiding true clarity may be the only way they get a majority opinion," said Douglas Berman, an Ohio State University law professor. "I think there will be a 'clearish' standard for lower courts to apply, but that doesn't make things easy. The devil will still be in the details."


Appeals court backs judge in Wecht case

January 4, 2008

Featured Expert: Joshua Dressler

Professor Joshua Dressler was quoted in a Pittsburg Post-Gazette story regarding former Allegheny County, Pa., Coroner Dr. Cyril H. Wecht’s attempt to stop prosecutors from dropping 43 of the 84 counts against him. “Joshua Dressler, who teaches at Ohio State University's law school, said it is odd for more than half of a prosecutor's case to be dismissed that close to trial. It's common for the government to indict on a large number of charges, he said, especially because it can help pressure a person into taking a plea bargain. … ‘If a prosecutor were really concerned about that, they would have thought about that a lot earlier in the ballgame,’ Mr. Dressler said.”


Appeals court allows 2004 lawsuit against Ohio voting system

January 1, 2008

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Mansfield News Journal story about a lawsuit that challenges Ohio’s voting system. The story states: “‘One could imagine a decision that came out on the eve of the election having a somewhat disruptive effect,’ he said. ‘It would have been too late to implement any of the changes suggested and could serve to unsettle public confidence.’”