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.

2009 Media Hits

Judges Consider New Factor at Sentencing: Military Service

December 31, 2009

Featured Expert: Douglas A. Berman

Professor Douglas Berman was mentioned in a Wall Street Journal story about whether veterans and non-veterans should be treated differently when sentenced for crimes. The story states: “Most U.S. courts don't have rules on giving veterans special consideration, says Doug Berman, a law professor at Ohio State University. But in North Carolina, if a defendant was honorably discharged from the military, judges must use that fact as a mitigating factor at sentencing. And in several states, including Tennessee and Louisiana, courts have ruled that judges are allowed to use prior military service to lessen a sentence.”


Experts cast doubt on housing philosophy

December 25, 2009

Professor john powell was quoted in a Galveston, Texas, Daily News story about dispersing public housing residents throughout cities. “The federal government in recent years has pushed public housing agencies to spread housing over entire regions in an attempt to provide better opportunities for families lumped together in poor, crime-ridden cities with low-performing schools, john powell, executive director of Ohio State University’s Kirwan Institute for the Study of Race and Ethnicity, said.”


Death Sentences Dropped, but Executions Rose in ’09

December 18, 2009

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a New York Times story about the rising number of executions in 2009. The story stated: “Douglas A. Berman, an expert on sentencing law at Ohio State University, suggested that the rise in executions was due to last year’s relatively low number, as states grappled with the implications of a major 2008 Supreme Court decision on lethal injection.”


The Year in Capital Punishment: Sentences Down, Executions Up

December 18, 2009

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was mentioned in a Wall Street Journal story about the rising number of executions in 2009 despite a decreasing number of death penalty sentences imposed. The story states: “How to explain the rise? Ohio State law professor Douglas Berman, who authors the popular Sentencing Law and Policy blog, suggested that the rise in executions was due to last year’s relatively low number, as states grappled with the implications of a major 2008 Supreme Court decision on lethal injection.”


Policitican accused of buying votes with $2 bills says 'that's just crazy'

December 13, 2009

Featured Expert: Terri L. Enns

Professor Terri Enns was quoted in a Bellville, Ill., News Democrat story about a East St. Louis, Ill., politician who was being criticized for mailing $2 bills along with his annual holiday cards. The story stated: "‘It's very situation specific. Does the money influence the person?’ Enns said of McGaughy's Christmas letter. ‘Campaigns give things out. They throw candy. They give out nail files. And other things: is it knowingly to influence voting? These are things a court would look at.’”


Judge suggests more sentencing options for war veterans

December 11, 2009

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in a Denver Post story about alternative sentencing options for military veterans. The story states: “But Douglas Berman, a professor at the Moritz School of Law at Ohio State University, said the commission is not likely to amend the federal guidelines to consider the circumstances of military veterans. ‘There have been long debates about community contributions or public service or family situations, and they have always been resistant to making across-the-board rules that would provide for discounts,’ Berman said.”


Obama Issues Open Gov't Rules To Federal Agencies

December 8, 2009

Featured Expert: Peter M. Shane

Professor Peter Shane’s blog post from the Huffington Post was highlighted in an NPR story. The story states: “Huffington Post is playing this as the biggest story of the moment with a piece by Peter Shane, a law professor at Ohio State University's Moritz College of Law.”


Sex Offender in Ohio Offers Insanity Plea in 11 Deaths

December 3, 2009

Featured Expert: Joshua Dressler

Professor Joshua Dressler was quoted in a New York Times story about a Cleveland man accused of killing 11 people and recently pleaded not guilty by reason of insanity. “It’s fair to say that the defense of insanity is the defense of last resort for any criminal defense attorney,” said Joshua Dressler, a professor at the Michael E. Moritz College of Law at Ohio State University. “Juries don’t like the defense. Despite the fact that there are so many myths about the defense, that it’s easy and people get off on it, it’s actually an extraordinarily hard defense.”


Nationwide Execution Total Rising Again This Year

December 3, 2009

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was mentioned in a Crime Report story about the rising number of executions in the United States. The story states: “Berman says it is noteworthy that we are seeing this uptick in executions during the first year of a Democratic administration in the White House.  Executions ramped up significantly during the Clinton Administration, the nation averaged more than 85 executions each year during his second term.”


Cleveland Man Pleads Insanity in Killings of 11 Women

December 3, 2009

Featured Expert: Lawrence Herman

Emeritus Professor Larry Herman was quoted in a New York Times story about the not-guilty-by-reason-of-insanity plea entered by a Cleveland man accused of killing 11 people. The story states: “The judge is required to hold a hearing,” Mr. Herman said in an interview. “If a judge has probable cause to believe that if the defendant is still mentally ill and dangerous, then a judged commits a defendant to a mental institution for evaluation.”


New lethal injection policies put Ohio at center of legal and ethical debate over executions

November 23, 2009

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in a Cleveland Plain-Dealer story about Ohio's change in its procedures for carrying out executions. The story states: “‘It could be a significant turning point in the direction of the death penalty in this country,’ said Ohio State University Law School professor Douglas Berman, an expert on criminal sentencing and the death penalty. ‘It's already a turning point that Ohio is willing to try something new, but the real question is, will the courts be comfortable with Ohio's efforts? Will the better mousetrap, if you will, prove to be successful in Ohio?’”


Right and Left Join Forces on Criminal Justice

November 23, 2009

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in a New York Times story about upcoming cases of the U.S. Supreme Court. The story states: “‘Scalia and Thomas are vanguards of an understanding by the modern right that its distrust of government extends all the way to the criminal justice system,’ said Douglas A. Berman, a law professor at Ohio State University.”


Trial location is just politics to Boehner

November 23, 2009

Featured Expert: Lawrence Herman

Professor Lawrence Herman published a letter-to-the-editor in the Columbus Dispatch regarding the decision to try accused terrorist Khalid Sheik Mohammed in federal court, and not in a special tribunal. The letter states: “(House Minority Leader John) Boehner claimed that the decision ‘puts the interest of liberal special-interest groups before the safety and security of the American people.’ Which liberal special-interest groups? People who support the Constitution of the United States? People who believe that every defendant is entitled to a fair trial?”


Law professor: Journalism essential to higher education

November 22, 2009

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a Lantern story about the future of journalism. The story states: The story states: “‘My question is, what would it be like to organize an entire college or university education around the idea of journalism?’ said Peter Shane, executive director of a recent study of American citizens’ information needs.”


OU fraternity charged with hazing

November 17, 2009

Featured Expert: Ric Simmons

Professor Ric Simmons was mentioned in a Columbus Dispatch story about an Ohio University fraternity that was charged with hazing. The story states: “Ric Simmons, an associate law professor at Ohio State University, said state law permits an organization or company to be charged with criminal offenses. While no jail sentence can be imposed, a judge can impose a sanction of community service and a fine in a misdemeanor case, Simmons said.”


Justice Scalia speaks about Constitution in Ohio

November 17, 2009

The Moritz College of Law was mentioned in an Associated Press story about the visit of U.S. Supreme Court Justice Antonin Scalia to the law school. The story stated: “He delivered the keynote speech Tuesday at a daylong forum on the concept of originality, or the theory the Constitution should be interpreted as its authors intended. He embraces the theory. … U.S. Justice Ruth Bader Ginsburg spoke at the Ohio State law school in April.”


Vote-fraud cases linger from 2008

November 16, 2009

Featured Expert: Terri L. Enns

Professor Terri Enns was mentioned in a Columbus Dispatch story about ongoing voter fraud cases from the November 2008 election. The story states: “Proving someone's intent is never easy, and it's also difficult to draw clear lines for how long someone must live in Ohio before or after an election to be considered a resident, said Terri Enns, a professor of election law at Ohio State University's Moritz College of Law.”


Ohio US attorney: shift some attention from terror

November 14, 2009

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in an Associated Press story about the new U.S. attorney in Ohio. The story states: “Although priorities change from one administration to another, the overall focus of the office is unlikely to change much since the primary job is to enforce U.S. laws, said Ric Simmons, an Ohio State University law professor and criminal law expert. He said keeping terrorism at the top of the list was a political necessity. ‘It's hard for me to imagine terrorism is the number one priority for law enforcement in this area,’ Simmons said.”


Election bill aims at vote disputes

November 14, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Columbus Dispatch story about Ohio’s goal to reduce the number of provisional ballots used throughout the state in upcoming elections. The story states: “‘There's a widespread sense in Ohio that we don't want our system to tailspin into an ugly dispute after Election Day,’ said Edward "Ned" Foley, director of an election-law center at Ohio State University.”


Ohio Is First to Change to One Drug in Executions

November 13, 2009

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a New York Times story regarding Ohio’s decision to begin using a single drug, and not a three-drug cocktail, to conduct executions. The story states: “‘This is a victory for those who complained particularly about the three-drug protocol,’ said Douglas A. Berman, a law professor at Ohio State University. ‘However, death penalty opponents may find it even harder to complain about execution procedures if courts endorse this new approach and if Ohio is able to conduct executions without incident using this new protocol.’”


Ohio executions back on with 1-drug method

November 13, 2009

Featured Expert: Douglas A. Berman

Professor Douglas Berman was mentioned in an Associated Press story regarding Ohio’s decision to begin using a single drug, and not a three-drug cocktail, to conduct executions. The story states: “Other states are unlikely to make a similar switch soon, said Doug Berman, an Ohio State University law professor and death penalty expert.”


Failure to follow law has consequences

November 9, 2009

Featured Expert: Sharon L. Davies

Professor Sharon Davies published in Opinion Editorial in the Columbus Dispatch about the Louisiana justice of the peace who refused to marry an interracial couple. The editorial stated: “When resigning, Bardwell told a reporter that he "would probably do the same thing again." Louisiana is well rid of him. But efforts should be made to discover others in positions of authority who countenanced his misdeeds. According to news reports, Bardwell turned away at least four other interracial couples over the past few years. The rule of law demands an accounting.”


Former foes joined to push for casinos

November 6, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Columbus Dispatch story about the aftermath of Ohio passing Issue 3, which will allow for casinos in four Ohio cities. The story stated: “Others have suggested language for a May 2010 statewide vote that would exempt Columbus from the casino deal because Franklin County voted against it. ‘As a general proposition, laws are not stuck in place once they're adopted,’ said Edward B. Foley, an Ohio State law professor and former state solicitor.”


Election Day

November 3, 2009

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was guest on “All Sides with Ann Fisher” on WOSU. Tokaji discussed election administration issues surrounding Election Day in Ohio.


Election Mistakes Lead to Changes in Vote Counting

October 30, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a story from a Minnesota ABC news affiliate. The story found mistakes in the counting of absentee ballots during the eight-month recount in the race for U.S. Senate seat in the state. “In Minnesota, flaws were exposed; mistakes were made,” Foley said.


Obama ducks out of pardoning black boxer

October 25, 2009

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in London Sunday Times story about President Obama’s decision to not pardon Jack Johnson. The story states: “‘It could really be quite valuable for the chief executive to send a message, in George Bush’s words, that America is the land of the second chance,’ said Berman. ‘The use of pardons and commutations could be a ‘policy-spotlighting tool’ to encourage necessary judicial reforms.’”


North Carolinians Bridle Over Plan to Free Inmates

October 16, 2009

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in a New York Times story about a North Carolina statute that limits life sentences to 80 years. The story states: “‘A life sentence means a life these days,’ said Douglas A. Berman, an expert on sentencing at the Ohio State University law school. ‘But back in the ’60s and ’70s, it was very much the norm that prisoners would be eligible for parole at some point during their lives.’”


Lethal Injection Draws Scrutiny in Some States

October 15, 2009

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in a Wall Street Journal story about the use of lethal injections as a way of executing prisoners. The story states: “As some states study how executions are carried out, experts say they likely will struggle to find a less wrenching method than lethal injections. ‘I don't think that exists. And that's the challenge,’ says Douglas Berman, a capital-punishment expert and law professor at Ohio State University. ‘It's not easy to kill someone in a way where no one is going to be upset about it.’”


Law professor doubles as judge

October 15, 2009

Featured Expert: The Honorable Algenon L. Marbley

The Lantern published a feature story about Moritz Adjunct Professor Algenon L. Marbley. The story states: "The Ohio State University aims to reach international levels of recognition and Algenon L. Marbley, the United States district court judge and Ohio State University Board of Trustees member from North Carolina, plans to deliver on a promise he made to the board. 'OSU is on the trajectory of becoming a leader of higher learning with 400,000 alumni spread throughout the world,' Marbley, who is also an adjunct professor of Trial Advocacy at Ohio State’s Moritz College of Law, said. 'It is my utmost priority to the board that I provide my judicial perspective as the only judge currently serving with the board.'"


Significant Regulatory Challenges Remain Even Though Most States Have MJP Rules

October 14, 2009

Featured Expert: Arthur F. Greenbaum

Professor Art Greenbaum was quoted in the ABA/BNA Lawyers’ Manual on Professional Conduct regarding challenges that remain in regulating multijurisdictional practice. The story states: “Arthur Greenbaum of Ohio State University’s Moritz College of Law explained that in 2002 the ABA revised Model Rule 5.5 with the hope that it would ease states’ increasingly outdated restrictions on unauthorized practice. The rule has been adopted in some form by a large majority of U.S. jurisdictions.”


Prosecutor Bill Mason says he may charge some already convicted in federal court; critics say that could slow probe

October 12, 2009

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Cleveland Plain Dealer article regarding speculations that Cuyahoga County Prosecutor Bill Mason might charge some people already convicted in federal court as part of the county corruption scandal. The story states: “And Douglas Berman, a law professor at Ohio State University, said two different sets of prosecutors bring different interests and concerns to the same case. For instance, he said, one office may see the case's ‘biggest scoundrels getting the best deals,’ he said.”


Presidential Authority: Echoes of Administrations Past

October 12, 2009

Featured Expert: Peter M. Shane

Professor Peter M. Shane was quoted in a CQ Politics article regarding the similarities between Barack Obama and George W. Bush’s national security policies. The story states: “ ‘Presidents and their lawyers are aware that they are protecting not just the administration, but the institution of the presidency,' said Peter M. Shane, an Ohio State University law professor. He said that the president ‘may be reluctant to impose what he takes to be his views on the institution of the presidency for all time.’ “


Proposition 8 case headed back to court

October 12, 2009

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a Mercury News article regarding a federal judge considering an attempt to short-circuit the challenge to Proposition 8. The story states: “Marc Spindelman, an Ohio State University law professor, said Walker will have to deal with the U.S. Supreme Court precedent. But he said the judge could determine much has changed on the gay marriage subject since 1972 and find that the Proposition 8 challenge should go to trial. ‘This is a tough question,’ he said. ‘Unquestionably, the Supreme Court has moved on the question of lesbian and gay rights since the time Baker was decided.'"


Obama Administration Accused Again of Concealing Bush-Era Crimes

October 12, 2009

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a truthout.org story about the Obama administration's actions under the Freedom of Information Act. The story states: "Ohio State University law professor and constitutional law scholar Peter Shane told Truthout. 'The Bush administration has been history for 10 months, and it is still not clear what path we are on to clarify the historical record on what the Bush administration did or did not do with regard to civil liberties. I wish there were less resistance to lawsuits that are trying to vindicate people's rights in these matters.'"


Ohio Sues Bank Of America

October 12, 2009

Featured Expert: Paul Rose

Professor Paul Rose was featured in a broadcast of “All Things Considered” on NPR regarding a lawsuit filed against Bank of America. Rose said: “Settlements are actually higher when you have public pension funds involved in a securities class action lawsuit. Furthermore, since again, they are often still invested in the company while they're bringing a suit for the sale of some of their shares, they often are not trying to bring the company down by any means.”


Prayer policy divides Shelby

October 10, 2009

Featured Expert: David A. Goldberger

Professor David Goldberger was quoted in a Columbus Dispatch story about a decision in Shelby, Ohio, to begin its city council meetings with a prayer. The story states: "The ruling lets legislators and council members decide whether they want to pray before meetings, said David A. Goldberger, a professor emeritus and constitutional scholar at Ohio State University's law school. 'That decision is good law,' Goldberger said."


OSU law professor drafted to argue case before U.S. Supreme Court

October 8, 2009

Featured Expert: Deborah Jones Merritt

Professor Deborah Jones Merritt was featured in a Columbus Dispatch story about her Oct. 7 argument before the U.S. Supreme Court. The story stated: "Just minutes after finishing oral arguments yesterday, Deborah Jones Merritt bounded down the marble steps of the U.S. Supreme Court and high-fived some of her Ohio State University law students. 'I don't think we won,' the Ohio State law professor said. 'But we did it,' referring to the argument. For Merritt -- who had been a law clerk for Supreme Court Justice Sandra Day O'Connor before she retired and who also clerked for Justice Ruth Bader Ginsburg when she was a federal appeals judge -- it was the first time she appeared before the justices to argue a case."


Merritt on the Merits That No One Else Will Argue

October 6, 2009

Featured Expert: Deborah Jones Merritt

Professor Deborah Jones Merritt was quoted in an article in The Blog of Legal Times regarding her preparation to argue for the respondent in the copyright case Reed Elsevier v. Muchnick. The story states: “In preparing for her argument, Merritt said one of the toughest adjustments she'll have to make is standing behind the podium for a full half-hour. ‘That's not my style,’ said the professor. ‘I won't get to walk around the classroom and gesticulate.’ "


Ohio State law prof joins Obama administration

October 6, 2009

Professor Peter Swire was featured in a brief printed in The National Jurist regarding his appointment as special assistant to the president for economic policy. The story began: "Peter Swire, the C. William O'Neill Professor in Law and Judicial Administration at The Ohio State University Moritz College of Law, took a leave to serve in the White House under President Barack Obama."


In Aftermath of Failed Execution, Ohio Governor Orders Postponement of 2 Others

October 5, 2009

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a New York Times story regarding Ohio Governor Ted Strickland’s decision to postpone two executions in the state. The story states: “Douglas A. Berman, an Ohio State University law professor and death penalty expert, agreed that the appellate ruling amounted to a moratorium, which compelled the state to appeal. ‘The stakes are not just preserving this execution date but whether they can continue to administer the death penalty over the next few months,’ Professor Berman said.”


U.S. Tops in World Prison Population Ranking!

October 2, 2009

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Wall Street Journal article regarding the status of the population incarcerated in U.S. prisons. The story states: “Berman sees the statistics as, in a word, ironic. ‘The chest-pounding about freedom and liberty that so many of our leaders do, both on the left and the right seems inconsistent with this statistical anomaly,’ he says. ‘We live in a country conceived on the notion of liberty, but we lead the world in locking people up.’ “


Ohio takes lead in Bank of America suit

September 29, 2009

Featured Expert: Paul Rose

Professor Paul Rose was quoted in a Columbus Dispatch story regarding a lawsuit led by the Ohio Attorney General against Bank of America. The story states: “‘This isn't just a big case due to the amount of money but is also an opportunity for Main Street to stand up against Wall Street,’ said Paul Rose, a professor at Ohio State University's Moritz School of Law who specializes in securities and corporate law.”


Legal Experts Look at Ohio’s Bank Of America Suit

September 29, 2009

Featured Expert: Paul Rose

Professor Paul Rose was quoted in an interview on NPR regarding the Attorney General Richard Cordray filling a complaint against Bank of America and its executives. In the interview, Rose states: “You see the attorney general really drawing attention to the fact he’s bringing this case, you can’t help think there’s some political motivation behind that. But even if there’s political motivation, this is the kind of case he would pursue and that he should be obligated to be interested in.”


Corporate Disputes Dominate the Docket as a New Justice Joins the Court

September 28, 2009

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in an article in The National Law Journal regarding the docket of the upcoming term of the U.S. Supreme Court. The article states: “Ohio State University Michael E. Moritz College of Law professor Douglas Berman said the cases could produce ‘the biggest’ Eighth Amendment decision not involving the death penalty in years.”


Bipartisan board put forth to boost trust in elections

September 28, 2009

Featured Expert: Steven F. Huefner

Professor Steven F. Huefner was quoted in a Columbus Dispatch article regarding the recent debate of whether Ohio should consider creating a bipartisan board of elections to work with an elected secretary of state. The story states: “ ‘I think it's worthy of more attention than it has gotten,’ said Steven F. Huefner, an associate law professor at Ohio State University and senior fellow at the university's election-law center.”


Ohio AG takes lead role in Bank of America lawsuit

September 28, 2009

Featured Expert: Paul Rose

Professor Paul Rose was quoted in an Associated Press article regarding Attorney General Richard Cordray filling a complaint against Bank of America and its executives. The story states: “Paul Rose, an Ohio State law professor and securities litigation expert, believes the lawsuit has merit but also spots political undertones. ‘I don't think it's necessarily a weak case by any means, and I don't think it's brought only for political purposes,’ Rose said”


Corporate Disputes Dominate the Docket as a New Justice Joins the Court

September 28, 2009

Featured Expert: Douglas A. Berman

Professor Berman was quoted in a Yahoo Finance story about upcoming docket of the U.S. Supreme Court. The story states: “Ohio State University Michael E. Moritz College of Law professor Douglas Berman said the cases could produce ‘the biggest’ Eighth Amendment decision not involving the death penalty in years.


Race, class and opportunity Pt.2

September 27, 2009

Professor john a. powell was quoted in a video interview on The Real News Network regarding racial exclusion in America. In the video, powell states: “We need to have a very deliberate discussion in America about the condition we are in and the racialized impact of the condition.”


Race, class and opportunity

September 21, 2009

Professor john a. powell was quoted in a video interview on The Real News Network regarding the status of black poverty in racialized inner cities. In the video, powell states: “American cities are extremely racialized. Especially older cities like Detroit, Pittsburgh, [and] Cleveland; less so with cities like Seattle, Portland, [and] Pheonix.”


Indiana Court Strikes Down Voter ID Law

September 17, 2009

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article in The New York Times regarding an Indiana state appellate court declaring an Indiana state law requiring voters to show identification in violation of the Indiana Constitution. The story states: “But Daniel P. Tokaji, an associate professor at Moritz College of Law, at Ohio State University, said the Indiana Constitution ‘does indeed provide broader protection for voting rights’ than the federal Constitution.”


Nearly all Ohio counties now to be served by single voting-device company

September 14, 2009

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Columbus Dispatch article on concerns about the acquisition of Premier Election Systems by Election Systems & Software. The story states: " 'Losing a major player in the business, as troubled as that company has been, is not likely to get us a better marketplace,' said Dan Tokaji, an Ohio State University law professor and assistant director of OSU's election-law center."


Reed Elsevier v. Muchnick Is About the Hijacking of Tasini v. Times

September 14, 2009

Featured Expert: Deborah Jones Merritt

Professor Deborah Merritt was mentioned in a Beyond Chron article regarding the “underlying policy narratives” of Reed Elsevier v. Muchnick. The story states: “Intriguingly, amicus Deborah Merritt, an Ohio State University law professor, is a former clerk for Justice Ginsburg. Merritt’s brief is effective – so, effective, in my view, that it raises the possibility that Ginsburg and her brethren have a larger agenda.”


Obama's big silence: the race question

September 12, 2009

Professor john a. powell was quoted in an article in The Guardian regarding President Obama’s policy responses to issues pertaining to race. The story states: " ‘Treating people who are situated differently as if they were the same can result in much greater inequalities,’ Powell warns.”


Filing errors keep candidates off ballot

September 3, 2009

Featured Expert: Donald B. Tobin

Donald Tobin was quoted in a Columbus Dispatch article regarding the technical errors made on ballets by several candidates for the Columbus City Council election in November.  The story states: "Bexley resident Donald Tobin, an associate dean at Ohio State's Moritz College of Law, said the intent of the law seems to be to keep somebody from running in two forms, or running in the general election as a write-in after losing in the primary. An advisory from Secretary of State Jennifer Brunner's office in 2007 said the law applies to people who have filed to run for an office, even if that filing was rejected and they never actually were on a ballot. The result, Tobin said, is that people who make a technical error on a petition to run get tossed out. 'You have a law that is being interpreted in a way that actually hurts the process,' he said. 'The people who lose are not just the candidate, but also the people who wanted to elect that candidate.'"


Man: Tax-refusal statement was to 'create the discussion'

September 2, 2009

Featured Expert: Donald B. Tobin

Professor Donald Tobin was quoted in an article on Columbus Local News web site about a Westerville man’s refusal to pay school property taxes citing that the Supreme Court of Ohio ruled the state’s school funding system unconstitutional. The story states: “ ‘The supreme court's rulings in DeRolph v. Ohio don't invalidate local rules on the collection of property taxes,’ said Ohio State University law professor Donald Tobin, associate dean for faculty.

‘What they said was that the formula used by the state for school funding was unconstitutional, but they did not invalidate laws requiring citizens to pay property taxes,’ said Tobin, who specializes in tax law.”


Handicapped spaces getting harder to find

August 23, 2009

Featured Expert: Ruth Colker

Professor Ruth Colker was quoted in a Columbus Dispatch article regarding the issue that Ohio handicap parking spots are getting harder to find as the number of handicap licence plates and placards in circulation goes up. The story state: "Safety also is a worry for advocates. More than the number of available spaces, maintaining and repairing those spots is a concern, said Ruth Colker, a law professor at Ohio State University who specializes in disability discrimination. 'In general, there is a problem with the maintenance and repair of existing spaces because the ramps and curb cuts are often in a state of disrepair (and thereby quite dangerous),' Colker wrote in an e-mail. 'I haven't seen any studies of where spaces are most difficult to find.'"


Court Expected to Send Runaway Teen Home Despite Muslim Honor Killing Fears

August 21, 2009

Featured Expert: Katherine Hunt Federle

Professor Katherine Hunt Federle was quoted in an article on Foxnews.com in regards to the Ohio Muslim teen that fled home after converting to Christianity. The story states: “ ‘She'll be returned to the original jurisdiction,’ said Katherine Hunt Federle, professor of law and director of the Justice for Children Project at Ohio State University's Moritz College of Law. ‘She probably doesn't have a lot of options other than to return home.’ ”


Supreme Court's Davis Ruling Raises New Death-Penalty Questions

August 18, 2009

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Times.com article regarding the Supreme Court's ruling of the Troy Davis murder case. The story states:  "For Douglas Berman, a law professor at Ohio State University, 'the way the court 'decided' the Troy Davis case today raises a lot more questions than it answers. It also probably ensures still more litigation in the future.'"


Opinion: A few beers won't solve racial profiling

August 14, 2009

Featured Expert: Michelle Alexander

Professor Michele Alexander co-authored an opinion article in the San Jose Mercury News on the prevalence of racial profiling. The article states: “Racial profiling is not merely an interpersonal dispute to be settled with a nice chat over some beers. It is the means by which people of color are systematically targeted for mass incarceration. That conversation will be a long one, and it has barely just begun.”


Lewis murder-case explanation sought

August 13, 2009

Featured Expert: Joshua Dressler

Professor Joshua Dressler was quoted in a Columbus Dispatch article regarding  police actions on the Lewis-murder case. The story states: "In many criminal investigations, police develop a suspect and then put "blinders" on regarding other possible suspects or theories of the crime, said Joshua Dressler, a criminal-law professor at Ohio State's Moritz College of Law. In this case, that might have combined with some sloppy procedures to put Derris Lewis in jail, Dressler said. 'The message to the public is, even without malice, without someone being reckless, mistakes happen,' he said."


Casinos to make ballot even if fraud is found

August 10, 2009

Featured Expert: Steven F. Huefner

Professor Steven F. Huefner was quoted in a Columbus Dispatch article on the problem with issues that still make it to the ballot even if petition signatures are found to be fraudulent. The story states: “Steven F. Huefner, an associate law professor at Ohio State University, also said the idea behind requiring a certain number of valid signatures to qualify an issue for the ballot is to prove that it has enough support to go before voters.

He argued that there may be problems no matter what deadlines are set and that even if an issue reaches the ballot that should not have, voters still have the final say.”


Sotomayor: The Umpires Strike Out!

August 10, 2009

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in an article in The Public Record on the testimony and  swearing in of Sonia Sotomayor. The story states: “And Prof. Peter M. Shane of the Ohio State University law school said, ‘The ideas that Supreme Court Justices are mere umpires, or that constitutional interpretation bears any authentic resemblance to following a baseball rule book, are ludicrous.’”


The perils of prosecuting international crimes

August 6, 2009

Featured Expert: John B. Quigley

Professor John Quigley was interviewed on a South African radio station discussing the legal issues that may arise from the prosecution of international crimes. The link to the interview is here: http://www.pambazuka.org/images/articles/445/quigley.mp3


Re-sentence for Nacchio not unusual

August 4, 2009

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Denver Post article regarding a ruling last week that could shorten Joe Nacchio's six-year prison term for insider trading. The story states: "In Nacchio's case, 'there are lots of debatable economic issues that kind of course around the sentencing,' said Douglas Berman, a law professor at Ohio State University who specializes in sentencing law."


Supreme Court gives OK for 3rd-year law students to represent felony defendants

August 3, 2009

Featured Expert: Ric Simmons

Ohio State professor Ric Simmons was quoted in a Cleveland Plain-Dealer article regarding Ohio's Supreme Court decision to allow 3rd year law students to represent felony defendents. The story states: "But Ohio State law professor Ric Simmons said the change probably won't make a big difference. 'I think the worry was that students are somehow not prepared to handle felony cases,' said Simmons, who runs the OSU law school's prosecution clinic. 'But I think that worry is overblown.'"


The (political) party is over

August 2, 2009

Featured Expert: Peter M. Shane

Professor Peter Shane was mentioned in a Los Angeles Times  column regarding political parties and how they have “degenerated into a system that discourages independent thought and undermines representative government.” The piece states: “What author Peter Shane labeled ‘Madison's Nightmare’ has come true: We live in a world of constant partisan warfare, a never-ending battle between ‘my club’ and ‘your club,’ undermining the belief that a citizen's vote truly counts for something.”


Voteless suburbanites feed city treasury

August 1, 2009

Featured Expert: Donald B. Tobin

Professor Donald B. Tobin was quoted in a Columbus Dispatch article on the proposed income tax increase in Columbus that will have an affect on suburbanites, though they cannot vote on the issue. The story states: “Washington, D.C., is the only place Tobin could think of where it's illegal to tax people who live in the suburbs. ‘It's not necessarily completely fair, but it's constitutional,' he said. 'And it's not bad to pay Columbus. I live in Bexley, and Bexley wouldn't be anything if Columbus wasn't sitting next door.’”


More equal-Hate-crimes provision assaults the Constitution

July 30, 2009

Featured Expert: David A. Goldberger

Professor David Goldberger was mentioned in an editorial published in The Free Lance-Star in Fredericksburg, Va., regarding the issue of hate-crimes provision. The story states: "Adding 'hate' as a motivation for a crime can also elevate many mundane criminal cases into a zone where the penalties are so stiff that innocent defendants are afraid not to plea-bargain, writes Ohio State law professor David Goldberger."


Prosecutor appeals bathtub murder retrial decision

July 29, 2009

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in a Dayton Daily News article after Warren County prosecutors appealed a retrial in the Ryan Widmer bathtub murder case. The story states: “Ric Simmons, an associate law professor at Ohio State’s Moritz College of Law, a criminal specialist, said the Ohio Revised Code is mum on the issue. ‘ORC 2945.71 doesn’t apply to anything after the trial has occurred and the verdict is in,’ he said. 'Whether there is an appeal or motion for new trial there doesn’t seem to be any statutory authority on that at all.’”


New President, Old Precedent

July 27, 2009

Featured Expert: Peter M. Shane

Professor Peter M. Shane was quoted in a CQ Weekly article on President Obama's signing of statements--something he swore he wouldn't do during his campaign for the Oval Office.

The story stated: “The kind of provisions he objected to in the omnibus spending bill — often called a ‘legislative veto’ — have been common targets of presidential signing statements since the 1920s, because they short-circuit the constitutional process that requires approval of both chambers of Congress and the president before legislation can become law, according to Peter M. Shane, a law professor at Ohio State University and author of ‘Madison’s Nightmare: How Executive Power Threatens American Democracy.’ Among the signing statements so far issued, Shane said, ‘There’s none in the ones I’ve seen that are particularly surprising in their assertions of executive power.’”


Racial profiling debate not over

July 23, 2009

Professor john powell was quoted in a USA Today article regarding the issue of racial profiling between police and minority communities. The story states:  "'There's a sense that this can happen at any time, anywhere at any moment to anyone,' says John Powell, director of the Kirwan Institute for the Study of Race and Ethnicity at Ohio State University."


Minnesota lawsuit claims credit card arbitration firm has ties to industry

July 15, 2009

Featured Expert: Sarah Rudolph Cole

Professor Sarah Cole was quoted in a USA Today article regarding the Minnesota lawsuit against the National Arbitration Forum. The story states:  "The timing of the case 'could not be better' for supporters of arbitration reform, says Sarah Cole, an Ohio State University law professor."


Website seeks racial equity in stimulus allocation

July 14, 2009

Professor John Powell was quoted in an article in The Michigan Citizen on the website, FairRecovery.org, created by the Kirwan Institute for the Study of Race and Ethnicity to help citizens track the allocation of stimulus dollars. The story states: “ ‘We feel like the way that the government is spreading the money is uneven and problematic at best,’ Powell told the Michigan Citizen. ‘If you live in a community like Flint or Detroit, foreclosures and unemployment have a much greater effect. The focus, in terms of recovery, should be appropriate.’ ”


Jimmy Dimora's claims in Cuyahoga County corruption investigation raise the question: When does a goodwill gesture become a bribe?

July 11, 2009

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Plain Dealer article regarding the issues of bribery laws and the corruption investigation on the Cuyahoga County goverment. The story states:  "Douglas Berman, an Ohio State University law professor, said bribery laws are often vague, though an attempt to influence must be clear. He said that if a resident pays for a council member's dinner in which they discussed work on city parks, it is not an attempt to offer a bribe. But if the resident brings up his family construction company and the fact that the meal would be a payment to help the company get a contract for concrete at the parks, then bribery can become an issue.

'The hypervigilance makes it easier to avoid problems,' he said. 'If you're not conscientious about how blurry these issues can become, it makes it easy to head down the slope of misguided behavior.' "


Obama's System of Justice For Alleged Terror Suspects Under Scrutiny

July 10, 2009

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in an article in The Public Record on the scrutiny President Obama has received on his proposal to imprison alleged terrorist suspects indefinitely, even if found not guilty. The story states:  “Prof. Peter Shane of the Ohio State University law school discussed that issue with us. He argued against both the constitutionality and wisdom of indefinite detention for suspected terrorists.

He said, ‘If the United States has custody of people too dangerous to release, but not properly subject to criminal trial, the correct approach is to seek congressional authority to hold such persons for the duration of the conflict against al Qaeda and the Taliban.’ ”


Companies, Workers Tangle Over Law to Curb Layoffs

July 6, 2009

Professor James Brudney was quoted in a Wall Street Journal article regarding The Worker Adjustment and Retraining Notification act, or WARN.  The story states: "James Brudney, who helped draft the act as then-chief counsel of the Senate Subcommittee on Labor, notes the initial WARN legislation was vetoed by President Ronald Reagan. The law that eventually passed, Mr. Brudney says, had lower penalties than the original, provided a shorter notice period, raised the threshold of a mass layoff and gave the Labor Department no power to investigate possible violations."


Lori Sturdevant: Thoughts the Senate ruling leaves behind

July 6, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Minneapolis Star-Tribune article regarding  the Coleman-Franken election outcome. The story states: ''The Minnesota judiciary looks great today," election law expert Edward Foley said from his scholarly perch at Ohio State University. Foley said all the judges who touched this thing -- the four on the Canvassing Board, three on the trial bench, and the five Supremes -- exhibited "judicial virtue." That's a willingness to do the right thing that went beyond their initial impulses or the bare requirement of the law.


Weakness in Social Security Numbers Is Found

July 6, 2009

Professor Peter Swire was quoted in a New York Times article regarding Carnegie Mellon University research that found the nations Social Security numbering system has left millions of people vulnerable to privacy breaches.  The story states:  " 'This report is a wake-up call,' said Peter Swire, a law professor at Ohio State University who served as the Clinton administration’s chief privacy counselor. 'Social Security numbers are an aging technology, and we have to do serious planning for what will come next.' "


Researchers: Social Security Numbers Can Be Guessed

July 6, 2009

Professor Peter Swire was quoted in a Washington Post article after researchers prove that an individual’s Social Security number can be guessed. The story states: “ ‘We can't pretend anymore that SSNs can be kept secret,’ said Peter Swire, a law professor at Ohio State University and chief counselor for privacy during the Clinton administration. ‘This report puts a nail in that coffin. We'll need new approaches, and it will cost money for the government and the private sector to build the new approaches.’ ”


Unshredded case files in trash pose security threats

July 4, 2009

Featured Expert: Arthur F. Greenbaum

Professor Arthur Greenbaum was quoted in an article in the Middleton Journal on the discovery of a local law firm’s client information in a nearby dumpster. The story states: “Even if a client tells his attorney to dispose of a file, the attorney is still required to safeguard the information during its destruction, said Arthur Greenbaum, a law professor for Ohio State University’s Michael E. Moritz College of Law.

‘You go to lawyers for all sorts of personal matters,’ he said, ‘and ... we simply have a rule that says all information is to be kept confidential.’ ”


Weekend Opinionator: Did Madoff Get More Than He Deserved?

July 3, 2009

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in a New York Times opinion piece on the sentencing of Bernie Madoff. The story states: ‘Because there will be few other Madoffs (we all hope), I suspect that few other defendants will also get the magic number 150. But if the original Madoff got only about 15 or 20 years in this case, lots of lesser fraudsters likely would be claiming that they deserved only a few years because Madoff caused so much more harm. But now that Madoff got 150, only the prosecutors are likely to be talking about the sentencing benchmark that his case has now set.’


Locksmith fights cyber squatter

July 2, 2009

Professor Peter Swire was quoted in a Cincinnati Enquirer article on identity theft problems local businesses are facing in cyberspace. The story states: “ ‘Impersonating others for financial gain is “as old as The Bible,”’ says Peter Swire, a professor at Ohio State University's Moritz College of Law who's internationally recognized as an expert in fields of privacy and cyberspace.”


Minn. court rules for Franken in Senate fight

July 1, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an Associated Press article on the Minnesota Supreme Court’s ruling in favor of Al Franken as the winner of the state’s long running Senate race. The story states “…It's highly doubtful Coleman would be able to convince a federal court to overturn the Minnesota court's ruling, said Ohio State University election law expert Ned Foley. ‘This is essentially, as a practical matter, the end of the road,’ Foley said.”


Minnesota Supreme Court declares Franken winner of Senate race

July 1, 2009

Featured Expert: Edward B. Foley

 Professor Edward Foley was quoted in a Pioneer Press article on the Minnesota Supreme Court’s ruling in favor of Al Franken as the winner of the state’s long running Senate race. The story states “‘It's the most important (decision) since Bush v. Gore,’ said Edward Foley, director of the election law program at the Ohio State University's law school. ‘I think this decision today will be a precedent that will be looked at for years to come.’”


Supporters give Al Franken a victory rally long time in coming

July 1, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a TwinCities.com article in response to a claim that Minnesota Sen. Franken stole the election. The story states:  "That's a claim Edward Foley, an election law professor at Ohio State University, disputed in an online posting. Foley wrote: 'This provocative accusation is highly irresponsible.' He said it hurts U.S. politics and the country's understanding of democracy and the international consideration of election standards."


Expert: Calling senate race ‘stolen’ robs the word ‘stolen’ of its meaning

July 1, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article on minnesotaindependent.com in response to editorials that accuse Al Franken of “stealing” the election. The story states: “ ‘This election was about far from ‘stolen’ as any extraordinarily close and intensely disputed election could be — and to use that term in this context is to rob it of appropriate meaning for those situations in which election officials abuse their power to throw an election for a preferred candidate, thereby robbing an opponent of a rightful victory.’ ”


Expert: Calling Senate race ‘stolen’ robs the word ‘stolen’ of its meaning

July 1, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article on minnesotaindependent.com in response to editorials that accuse Al Franken of “stealing” the election. The story states: “ ‘This election was about far from ‘stolen’ as any extraordinarily close and intensely disputed election could be — and to use that term in this context is to rob it of appropriate meaning for those situations in which election officials abuse their power to throw an election for a preferred candidate, thereby robbing an opponent of a rightful victory.’ ”


Q&A on the Franken-Coleman fight

June 30, 2009

Featured Expert: Edward B. Foley

Professor Ed Foley was quoted in a Q&A MPR article on why  Coleman has conceded the election for Minnesota's Senate against Franken. The story states: " 'Realistically, the federal options are only a few days' delay,' Ned Foley of Ohio State told MPR's Gary Eichten this afternoon. 'It's not going to delay it much further,' he said."


Unanimous Supreme Court decision legitimizes Franken win

June 30, 2009

Featured Expert: Edward B. Foley

Professor Ed Foley was quoted in a Minneapolis Star-Tribune article regarding Minnesota's absentee ballot requirements. The story states: "Elections law scholar Edward Foley of Ohio State University said Tuesday that the Coleman-Franken dispute showed that Minnesota's absentee ballot requirements are old-fashioned and unduly strict."


Two Judges Target Cocaine Penalties

June 29, 2009

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Washington Post article about the disparity in how the legal system handles sentencing for crack and cocaine offenders. The story states: “The decisions are a very big deal, especially if they start a trend," said Douglas Berman, an Ohio State University law professor. "The fact that judges are doing this, and doing it vocally, shows they are frustrated. And it's garnering attention and could be the catalyst for Congress to act.”


San Francisco federal judge to hear latest legal challenge to Proposition 8

June 29, 2009

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a MercuryNews.com article regarding whether the latest legal challenge to Proposition 8 will remain ruled by the state or presented to the Supreme Court:  The story states: "Both outcomes are available,'' said Marc Spindelman, an Ohio State University law professor following the issue closely. "But it's not inconceivable the courts may think it's too soon for the federal courts to weigh in and settle the matter one way or the other.''


Opponents question Ohio governor on slots revenue

June 23, 2009

Featured Expert: Donald B. Tobin

Professor Donald Tobin was quoted in an Associated Press story regarding Ohio Gov. Ted Strickland’s proposal to implement slot machines into the state’s lottery. The story states: “But Ohio State University law professor Donald Tobin said opponents were ‘in a bind’ because Ohio law gives the Legislature the ability to expand the lottery.”


Your State Could Be Minnesota

June 22, 2009

Featured Expert: Edward B. Foley

Professor Edward B. Foley was quoted in a National Journal article about the problems caused by the way many states--particularly the state of Minnesota that is currently dealing with a Senate dispute--count absentee ballots. The story states: “Absentee ballots were "definitely the Achilles' heel of Minnesota," said Edward B. Foley, a professor at Ohio State University's Moritz College of Law, who predicts that errors in counting absentee ballots could become one of the next big problems plaguing the nation's election system. (A related trouble spot on the horizon, according to Foley, is the erratic counting of provisional ballots.)

 


New project seeks to address ‘unconscious’ racial biases

June 20, 2009

Professor John A. Powell was quoted in an Indian Country Today story about a new project being launched to promote equality in America. The story states: “As society tries to move beyond racial discrimination, a better understanding of implicit bias is needed,” powell said. “Our two-fold goal with this study is to help the American public better understand implicit bias and to give them ways to avoid triggering these biases.”


Attorneys busy prepping business for big changes

June 12, 2009

Professor James Brudney was quoted in a Columbus Business First story about new regulations that attorneys may have to adhere during the Obama administration. The story states: “As a general proposition, the last eight years were unusually sparse in terms of regulator intervention and maintenance of existing regulatory requirements,” said James Brudney, a professor at Ohio State University’s Moritz College of Law and a labor law expert. “In areas that regulate the economy, (Obama) feels he does have a mandate. The public expects substantial progress to be made, and that won’t happen without substantial government involvement.” Accompanying the story was a Q&A with Professor Brudney. (Subscription required).


Experts Say Coleman Can't Win in Minnesota Court Battle

June 10, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a casavaria.com story about the ongoing Senate recount in Minnesota. The story states: “Edward Foley, an expert in election law at Ohio State University’s Moritz College of Law, said he would be ‘surprised’ if the court found in favor of Coleman and ordered the lower court to review the case or to open more ballots. Interestingly, Foley said Coleman’s case ‘always had a fighting chance’ and included some valid legal arguments, but that ‘having a valid legal theory is not enough to win a lawsuit.’”


Campaign Against Rival Could Haunt FedEx

June 9, 2009

Professor James Brudney was quoted in a New York Times story about how FedEx has launched an advertising campaign criticizing UPS of taking a “government bailout” in regards to legislation that would make it easier to unionize. The story states: “But James J. Brudney, a law professor at the Moritz College of Law at the Ohio State University, said that FedEx Express’s classification was ‘a historical anomaly.’ From the workers’ point of view, it seems unfair,’ he said.”


All but over for Coleman, experts say

June 8, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Politico.com story about the ongoing Senate recount in Minnesota. The story states: “Edward B. Foley, an election law expert at the Moritz College of Law at Ohio State University, agreed: ‘Based on the questioning, I’d be surprised if Coleman got a remand back to the trial court.’”


Court to hear Senate recount case today

June 1, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Minneapolis Start Tribune story about the Minnesota Supreme Court hearing arguments in the recount of a the Minnesota race for U.S. Senate. The story states: “"I think the justices will at least consider whether or not the public interest and timing is a relevant factor" before examining Coleman's claims, said Edward Foley, an election law expert at Ohio State University.”


The battle ahead for Sotomayor

June 1, 2009

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a National Law Journal story about the nomination of Judge Sonia Sotomayor to the U.S. Supreme Court. The story states: “Executive power and separation-of-power issues are likely to play out in the context of the president's authority as commander in chief and the treatment of detainees, but they also run through areas critical to business. ‘A tricky issue to explore is the so-called unitary executive theory,’ said executive power scholar Peter Shane of Ohio State University Michael E. Moritz College of Law.”


21st Century Statecraft

June 1, 2009

Professor Peter Swire was mentioned in a Washington Post story about a panel he participated in regarding new tools on diplomacy. The story stated: “While the Obama administration made a name for itself by infusing those tools into the presidential campaign, infusing the White House with the Web 2.0 culture isn't an easy transition. For one, new media staffs are smaller, Swire said.”


The Coleman-Franken Court Arguments

June 1, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a New York Times story about the arguments regarding the Franken-Coleman recount before the Minnesota Supreme Court. The story states: “‘I think the Minnesota Supreme Court is, as a practical matter, the final judicial word’ in the case, said Edward B. Foley, an election law expert at the Moritz College of Law at Ohio State University.”


Can the Internet Make a More Open Government?

June 1, 2009

Professor Peter Swire was quoted in a New York Times story regarding research he has done involving government and online transparency and social networking sites. The story states: “That’s the conclusion of Peter Swire, who was a lawyer for the new media team of the Obama transition leading up to Inauguration Day. He had also worked as the top privacy officer the Clinton Administration. He’s now returned to his job as a law professor at Ohio State University and as a fellow with the Center for American Progress.”


Death cases among early issues for new justice

May 30, 2009

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in an Associated Press story about how U.S. Supreme Court nominee Sonia Sotomayor may handle upcoming death penalty cases. The story states: “‘She certainly doesn't seem to have a pro-criminal bias and, if anything, because of her history, may have a pro-state bias,’ said Ohio State University law professor Douglas Berman.”


Coleman appeal heads to state's highest court

May 29, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was went quoted during a Minnesota Public Radio news cast about the Coleman-Franken recount heading to the Minnesota Supreme Court. The story states: “Edward Foley, an election law expert at Ohio State University, says it'll be interesting to see how the state Supreme Court deals with that issue. ‘It has the right to essentially say the trial court got it wrong on the law,’ Foley says. ‘And if it wants to adopt the alternative position, now I'm not saying they're going to do that, or they're even likely to do that. But if they did, that would be a game-changer because it would mean that premise of the rest of the trial is undercut.’”


Anti-Prop. 8 forces should wait for 2012 ballot, pollsters say

May 28, 2009

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a Sacramento Bee story about efforts to overturn the upholding of a statewide ban on same-sex marriages. The story states: “Marc Spindelman, a professor at Ohio State University's Moritz College of Law, said the 1967 ruling came as the United States had been clearly shifting away from racially discriminatory laws, on both political and legal levels. ‘It's not clear yet that we have arrived at a moment in our country's history where the emerging consensus, unequivocally, is in favor of same-sex marriage,’ Spindelman said. ‘This suit may just be a little too soon.’”


US Gov't Panel Calls for New Privacy Rules

May 28, 2009

Professor Peter Swire was quoted in a PC World story about a U.S. panel that calls for new rules in protecting personal data. The story states: “The law is ‘stupid and way too narrow,’ said Peter Swire, former chief privacy counselor in President Bill Clinton's administration. ‘It's really out of touch with the way modern computers work.’”


More Than One Way to Diversify the Supreme Court

May 26, 2009

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Washington Post story about the demographic and religious makeup of the next U.S. Supreme Court nominee. The story stated: “Appellate courts have become ‘a quasi-academic priesthood,’ in the words of Ohio State University law professor Douglas Berman, ‘from which the next pope is chosen.’”


Nominated to be elevated

May 26, 2009

Featured Expert: Douglas A. Berman

Professor Douglas Berman was interviewed on a Federal News Radio story about the nomination of Sonia Sotomayor to fill a vacancy on the U.S. Supreme Court.


Same-sex marriage: California Supreme Court had little choice but to uphold Proposition 8

May 26, 2009

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a San Jose Mercury News story regarding the California Supreme Court’s decision to uphold Proposition 8, which banned same-sex marriages in the state. The story states: “‘The court construes the marriage amendment very narrowly,’ said Marc Spindelman, an Ohio State University law professor. Under the ruling, ‘the only thing Prop. 8 did was take away the word 'marriage' for same-sex couples. The state otherwise has to treat the relationship exactly the same.’”


California court upholds Prop 8

May 26, 2009

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a Washington Blade story about the California Supreme Court’s ruling to uphold a state constitutional amendment that stopped same-sex marriages in the state. The story states: “Marc Spindelman, who's gay and a law professor at Ohio State University, said if voters could amend the California constitution by reinstating the death penalty, as voters did in 1972, it's ‘hard to see’ how the court made unsound reasoning in determining that Prop 8 was an amendment and not a revision. ‘To make this case a case about a revision and not an amendment would have, at the very least, required the court to expand the scope of its precedents on the meaning of a revision in a way that would have made it seem as though an activist court was going out of its way to thwart the will of the people,’ he said.”


OSU: Anti-sweatshop proposal too risky

May 19, 2009

Professor James Brudney was quoted in a story in Ohio State’s student-run newspaper, The Lantern, explaining why Ohio State will not participate in a Designated Supplies Program. “‘We all agreed it was important for the university to roll up its sleeves and participate,’ Brudney said. ‘We've been asked [to participate in DSP] because we're a significant player. This is exactly why we should play, make a serious effort to be a part of the solution. No one is saying OSU has to adopt the program. Everyone understands there are hurdles.’”


An alternative short list for the high court

May 18, 2009

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a National Law Journal column about possible choices for U.S. Supreme Court nominees. The column states: “‘I do think it is scandalous to have a Supreme Court with only one woman on it,’ said separation-of-powers scholar Peter Shane of Ohio State University Michael E. Moritz College of Law, and ‘unfortunate there's only one person of color on the court.’”


How to get eligibility ruling from Supremes

May 16, 2009

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a World Net Daily story about what steps would likely lead the U.S. Supreme Court to rule on Barack Obama’s eligibility to be president. The story states: “‘If a 'rogue' state court kicked Obama off the ballot, there's very little doubt in that circumstance that the Supreme Court would interject itself,’ he said.”


Advocacy group sues village over canvassing law

May 14, 2009

Featured Expert: David A. Goldberger

Professor David Goldberger was quoted in a Columbus Dispatch story about a Canal Winchester law that requires some canvassers to purchase annual licenses and undergo background checks. The story states: “Still, how the village applies the law could be in error, said David Goldberger, who teaches First Amendment law at Ohio State University. ‘The village has put its foot in the hornets' nest. When it comes to regulating political actions, the standards are much higher and the court has been very skeptical,’ Goldberger said, referring to the U.S. Supreme Court."


Govt. Control of Exec Pay?

May 13, 2009

Professor Peter Swire was a guest on CNBC’s “The Kudlow Report” where he discussed whether the U.S. government should control the salaries of bank executives. “I support it,” he said. “It’s going to lead us right back to the system that we have had for over a hundred years. This is a common sense thing that has been in existence as long as we have had safety and soundness regulation for the banking system.”


Law and Leadership Institute program lets ninth-graders in Ohio study law

May 13, 2009

Featured Expert: Nancy Hardin Rogers

Professor Nancy Rogers was mentioned in a Cleveland Plain Dealer story about a Law and Leadership Institute that she helped develop. The story states: “Nancy Rogers, a professor and former dean of law at Ohio State University, helped develop the program. She said the need for diversity came up at retreats that Ohio Supreme Court Chief Justice Thomas Moyer holds for the state's law school deans and state bar association leaders.”


Antitrust’s Big Break

May 11, 2009

Professor Peter Swire was quoted in a Business Week story about the Obama Administration and antitrust. The story states: “Peter Swire, an Ohio State University law professor, notes that, when asked where businesses, consumers and lawyers should look for guidance, Varney pointed to long-established case law: the 1951 case Lorain Journal Co. v. United States, in which the Supreme Court said a monopoly newspaper couldn’t reject all ads from companies that advertised on a rival radio station; a 1985 decision in which the court said one Aspen ski resort could be blocked from ending a joint marketing campaign because the move harmed a rival and didn’t help consumers; and United States v. Microsoft, which the Bush Administration settled in September 2001, after a U.S. district-court judge said the company unfairly exploited its market dominance by bundling its Web browser with its operating system.”


Should the White House be a Place for Friends?

May 4, 2009

Professor Peter Swire was quoted in a New York Times blog regarding President Obama’s use of social networking sites. The story states: “Peter Swire, an Ohio State law professor who was the top White House privacy official in the Clinton Administration (a position the Obama administration has yet to fill), said they fought extending the Privacy Act out of fear that it would make it routine activities difficult. ‘The question is how much an ordinary purchase in the private sector, such as a list of phone numbers, would trigger Privacy Act limits,’ he said. Mr. Swire added, however, that the administration can act even before Congress does.”


Age and the Supreme Court

May 4, 2009

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Detroit Free Press column about President Obama’s upcoming appointment of a new U.S. Supreme Court justice. The story states: “But Ohio State law professor Doug Berman (a former frequent source of mine when I covered the court from 2003-07) makes several compelling arguments against a younger appointment on his blog today. … Berman's strongest point is his last. ‘just as President Roosevelt, appointing justices in the 1930s, could not foresee that the key issues that would face the court in the 1950s and 1960s would be civil rights and civil liberties, President Obama ought to realize that he can’t foresee what issues will face the court in the 2030s.’”


Justices Agree to Take Up Sentencing for Young Offenders

May 4, 2009

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a New York Times story regarding a U.S. Supreme Court decision to hear whether juvenile offenders should be allowed to be sentenced to life without parole. The story stated: “But Douglas A. Berman, an authority on sentencing law at Ohio State University, said the factors cited by Justice Kennedy concerning juveniles might well apply in noncapital cases. ‘The principles driving Roper,’ Professor Berman said, ‘would seem to suggest that its impact does not stop at the execution chamber.’”


Building the Ideal Community Information Hub

April 30, 2009

Featured Expert: Peter M. Shane

Peter Shane was quoted in a PBS.org column regarding his work on the Knight Commission on the Information Needs of Communities in a Democracy. The story stated: “‘This was not a Commission to save the local newspaper,’ Shane said. ‘The idea was to look at the need for news and information very generally. That was exciting but made this much more complicated. We also wanted to think of this in the context of geographically defined local communities, because that's how our democracy is organized. If the local news and information environment are really not working, then it has to have an impact on governance and that's not good.’”


Obama and Race Relations: Civil Rights Leaders Aren't Satisfied

April 30, 2009

Professor john powell was quoted in a U.S. News and World Report story about President Obama and race relations. The story states: “‘It's not clear the administration has figured out how to engage the public on race,’ says John Powell, director of the Kirwan Institute for the Study of Race and Ethnicity at Ohio State University. ‘A lot of the people around Obama seem to think race is the third rail, and it's best to avoid it. Their major approach is 'We're going to do something for everybody.' But that's not really a solution.’”


Secret Security System On Some Laptops Could Track You

April 29, 2009

Professor Peter Swire was featured on a WBNS 10TV story about a woman who had purchased a used laptop that had wiretapping software installed on it. The story stated: “Ohio State University professor Peter Swire is a privacy expert.  He compared Absolute's methods to a wiretap. ‘Absolute Software is running a big legal risk if it keeps wiretapping computers after it leaves the original owner,’ Swire said.”


Commission seeks external advice on internet privacy

April 28, 2009

Professor Peter Swire was quoted in a European Voice story about a European commission that hopes to receive advice on Internet privacy. The story states: “Peter Swire, professor at Ohio State University and former privacy counsel in the US administration of Bill Clinton, said the non-price aspects of competition had to be taken into account when it came to the internet. People did not choose a search engine based on prices but on such variables as its effectiveness, its content and its privacy policy. ‘Where mergers or dominant firm behaviour create significant effects on customers, including their use of customer data, then those effects should be considered under antitrust law,’ he said.”


US moves to dispel 'myths' over privacy issues

April 28, 2009

Professor Peter Swire was quoted in a the.Parliment.com story about a Brussels conference that discussed privacy concerns. The story stated: “Delivering the keynote address, professor Peter Swire of Ohio State University, a former privacy counsel in president Bill Clinton’s administration, said, ‘Where mergers or dominant firm behaviour create significant effects on customers, including in their use of customer data, then those effects should be considered under antitrust law.’”


Critics say US TV obscenity ruling out of touch

April 28, 2009

Featured Expert: Christopher M. Fairman

Professor Christopher Fairman was quoted in a Reuters story about a U.S. Supreme Court decision that upholds a U.S. government policy that can fine network broadcasters if they air expletives before 10 p.m. The story stated: “(Fairman) said the 5-4 decision showed ‘just how out of touch (the court's majority) are with the lives of ordinary Americans.’”


Justices to tackle elections provision

April 27, 2009

Professor john a. powell was quoted in a Jackson, Miss., Clarion Ledger story regarding a U.S. Supreme Court hearing regarding the changing of voting procedures. The story states: “But race is still an issue in elections, despite the election of the nation's first black president and talk of a ‘post-racial world,’ said john powell, executive director of the Kirwan Institute for the Study of Race and Ethnicity at Ohio State University.”


Scholars Reject Obama's Stance on Warrantless Cell-Phone Records

April 20, 2009

A posting co-authored by Professor Peter Swire was picked up by a Wired.com story about President Obama’s stance on searching cell phone records. The story states: “‘Cellular providers could, if they wanted, keep track of your cell phone's location every seven seconds,’ the scholars wrote, ‘because your phone 'registers' that often with the nearest tower.’”


Chaos Mars U.N. Conference On Racism

April 20, 2009

Featured Expert: John B. Quigley

Professor John Quigley was mentioned in a NPR story about the United Nations Conference on Racism. The story stated: “John Quigley, a professor of international law at Ohio State University, says it would have been better for the United States to remain engaged in the Durban process. ‘I think the U.S. criticism of the 2001 conference was overblown. ... There was a lot of criticism of Israel for its general policies, but it couldn't fairly be criticized as anti-Semitic,’ Quigley said.”


Virginia fraud trial has roots in Ohio's ID system

April 18, 2009

Featured Expert: Joshua Dressler

Professor Joshua Dressler was quoted in a Columbus Dispatch story about a Virginia fraud trial that has roots in Ohio. The story states: “‘This defense is almost never used,’ said Joshua Dressler, a criminal-law expert and professor at Ohio State University's Moritz College of Law. ‘In a sense, what the argument would be is ignorance of the law.’”


Gun Rights Don't Apply In Domestic Violence Cases, Appeals Court Rules

April 14, 2009

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a CBS News blog article regarding a decision made late Thursday by the U.S. Court of Appeals for the Tenth Circuit which said that a criminal defendant may not be allowed to present a Second Amendment defense to a federal jury in Utah.  The story states:  "Douglas Berman, a professor of law at Ohio State University's Moritz College of Law, said on Friday that the panel's decision  'shows significant antipathy toward serious consideration of Second Amendment rights.'

"'Anyone seriously committed to the Second Amendment and gun rights getting serious constitutional respect should be seriously disturbed by how willing and eager lower courts have been to accept federal prosecutors arguments that Heller is of no consequence for an array of broad and severe federal gun possession crimes,' Berman wrote. "


Unpaid bill case ‘archaic’

April 14, 2009

Featured Expert: Christopher M. Fairman

Professor Christopher Fairman was quoted in a Northwest Herald story about a man jailed for being unable to pay fees to his divorce attorney. The story stated: “Ohio State University law professor Christopher Fairman said that while body attachments are still used in Illinois, many other jurisdictions, including federal courts, do not allow them. He called them an ‘archaic procedural device’ that gradually fell out of practice after the Revolutionary War and as modern legal rules were written in the 1930s. ‘They are subject to disproportionately affecting the poor,’ said Fairman, who specializes in civil law procedure.”


The Coleman-Franken case: What will Gov. Pawlenty do?

April 14, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was mentioned in a MinnPost.com story about the ongoing Coleman-Franken recount. The story stated: “Professor Ned Foley said this was very unlikely to work, unless a judge just wanted a day or two to think about whether there was reason for such a stay.”


Constitutionality of Doyle's domestic partner registry in question

April 12, 2009

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a Wisconsin State Journal story about the state’s possible creation of a domestic partner registry for same sex couples. The story states: “Marc Spindelman, a law professor at Ohio State University and an expert on legal issues surrounding homosexuality, said Doyle’s proposal may be designed to provide same-sex couples as many benefits as possible while not overstepping the boundary prohibited by the constitution.”


Dismissal for Stevens, but Question on ‘Innocent’

April 11, 2009

Featured Expert: Joshua Dressler

Professor Joshua Dressler was quoted in a New York Times story about the dismissal of the ethics commission against former Senator Ted Stevens. The story stated: “Prof. Joshua Dressler of the Ohio State University law school said, however, that the failure to be convicted in a criminal trial does not, by itself, confer innocence on someone. ‘The decision by the judge to dismiss the case is certainly not a statement that the defendant is innocent,’ Professor Dressler said, ‘but that the prosecutors didn’t play by the rules, and for that reason alone we have to use this strong remedy’ to deter other prosecutors from similar misbehavior.”


Last Senate race count today, and then ...

April 7, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Pioneer Press story about the ongoing recount in Minnesota Senate election. The story states: “That final counting of votes is of ceremonial and perhaps political importance, said Edward Foley, an election law professor at Ohio State University's Moritz College of Law. More legally significant will be what's to come — the judges' final ruling.”


Recount trial nears the end

April 6, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was featured on Minnesota Public Radio regarding the near end of the Minnesota Senate recount.


Attorneys on both sides recall battle over legal issues

April 2, 2009

Featured Expert: David A. Goldberger

Professor David Goldberger was quoted in a Skokie Review story about the 30-year anniversary of the Nazi demonstration in Skokie, Ill. The story states: “David Goldberger, who was legal director for the Illinois division of the ACLU, said the Nazi demonstration was clear-cut case of constitutionally guaranteed free speech. … ‘How do you explain something like this,’ Goldberger said. ‘I didn't see there was any option.’”


ACLU: 'Sexting' is not a crime

April 2, 2009

Featured Expert: Katherine Hunt Federle

Professor Katherine Hunt Federle was quoted in a Cincinnati Enquirer story about possible penalties associated with students sending nude photos of themselves via cell phone. The story says: Ohio’s policy toward sexting is not unique, but it is still contrary to neuroscience research, said Katherine Hunt Federle, an Ohio State University law professor and director of the Justice for Children Project. … ‘Juveniles who commit sexual offenses do not manifest sexual disorders in the same way that adults do, and even those who might engage in what we could characterize as sexual deviance do not necessarily manifest persistent and entrenched deviance over time,” she said. This makes it difficult to diagnose any child as a sex offender.’”


Woman Who Was Spied On Plans To Sue

April 1, 2009

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in a WBNS-10TV story about a woman who was tracked with a GPS device by a private investigator. The story states: “Ohio State Moritz College of Law professor Ric Simmons said that Ohio does not protect people from tracking devices. ‘It's really not criminal in the sense that all he was doing was following someone in a public place and that's been legal and been allowed forever,’ Simmons said.”


Expert: Franken’s future now depends on how judges handle equal-protection claims

April 1, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley’s blog post regarding the ongoing recount in Minnesota was highlighted by the Minnesota Independent. The story states: “Foley, an Ohio State law professor who studies disputed American elections and has tracked Minnesota’s Senate election saga closely, told the Minnesota Independent weeks ago that the state’s Supreme Court would likely decide the case — and that the three judges’ continued unanimity was critical.”


Premature partying over 'card check'?

March 17, 2009

Profsesor James Brudney was quoted in a Politico.com story about the battle over the Employee Free Choice Act. The story states: “’More money for federal enforcement at the [National Labor Relations] board and Labor Department will definitely contribute to improved protections for working people. But the biggest fight is to get Congress to change the law on the labor-management relations,’ said James Brudney, a law professor at Ohio State University.”


Government 2.0 Meets Catch 22

March 17, 2009

Professor Peter Swire was quoted in a New York Times blog story about privacy issues relating to computers and Internet of government officials. The story states: “Peter Swire, a former government privacy official who now teaches law at Ohio State University, raised another question: anti-corruption law prevents federal officials from receiving gifts of goods and services. Does that prevent an agency from using software or services available free on the Web?”


Judges To Decide Minnesota Senate Election

March 17, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was as guest on NPR to discuss the Minnesota Senate election recount. The recount has continued for more than four months now.


New Name, Same Detainee Problem

March 16, 2009

Featured Expert: Peter M. Shane

Moritz Professor Peter Shane was quoted in an IPS News story about reaction to President Obama’s actions regarding prisoner detention and treatment. The story states: “But not all constitutional experts agreed with the statements of human rights groups. For example, Prof. Peter Shane of the University of Ohio law school took a somewhat more nuanced view. He told IPS, ‘If the Obama administration is abandoning the position that the president has exclusive and virtually unlimited authority to guide foreign and military affairs unilaterally, that may signal a willingness to collaborate with Congress in the development of future initiatives, which, in turn, could well have a moderating impact on American adventurism abroad.’”


Recount drama moves into judges' chambers

March 15, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Minnesota Star Tribune story about the ongoing Coleman-Franken recount in Minnesota. The story stated: “The kind of evidence that the judges accept will be key in deciding how many of Coleman's 1,360 and Franken's 252 rejected absentee ballots they decide to count, said election law expert Edward Foley of Ohio State University.”


TSA watches fliers far beyond metal detectors

March 14, 2009

Professor Peter Swire was quoted in a Columbus Dispatch story about TSA monitoring fliers’ behavior. The story stated: “Peter Swire, an Ohio State University law professor and privacy adviser to the Clinton administration, said he's skeptical of behavior detection. ‘This is an unproven technique,’ Swire said. ‘It can easily tip over into unjustified racial profiling.’”


Experts predict Calif. justices will uphold Prop 8

March 13, 2009

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a Washington Blade story about the California Supreme Court arguments over Proposition 8. The story states: “Marc Spindelman, who’s gay and a law professor at Ohio State University, said he ‘would be very surprised’ if in addition to upholding the amendment, justices said Prop 8 ‘nullifies all of the marriage that were entered into pursuant to [their] decision’ last year.”


Ohio concerned about number of provisional ballots

March 11, 2009

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an Associated Press story about Ohio’s comparatively high rate of provisional ballots in the 2008 general election. The story states: “Provisional ballots are a ‘mixed bag’ because they provide an opportunity to vote to people who may not otherwise have been able to, but wide-ranging policies among states and counties can create confusion, said Dan Tokaji, an elections law expert at Ohio State University."


Will we have a second election?

March 7, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Minneapolis Star-Tribune story about the ongoing Coleman-Franken recount. The story states: “‘I think the court would like to find a way to identify a winner given all the evidence in the courtroom, as opposed to in essence throwing up its hands,’ said Edward Foley, an Ohio State University professor specializing in national election law who has followed the trial closely.”


Credit-card marketing to students in dispute

March 6, 2009

Featured Expert: Creola Johnson

Professor Creola Johnson was quoted in a Columbus Dispatch story about credit-card companies marketing to College students on Ohio State’s campus. The story states: "‘I cannot believe that's true,’ Ohio State professor Creola Johnson said of the 2.2 credit cards figure. ‘It defies logic that (banks) would spend millions of dollars to gain access to freshmen if they already had credit cards. As a lawyer, that doesn't pass the smell test.’”


Battle looms on White House authority

March 5, 2009

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a Boston Globe story about the presidential use of power in the Obama administration. The story states: “Peter Shane, an Ohio State University professor of constitutional law, said it is likely that Obama - who also taught constitutional law at the University of Chicago - and Holder are trying to find the proper balance between civil liberties and the need to protect the nation against a terrorist attack. But he said it's also likely that since taking office Jan. 20, Obama and his aides ‘have learned a lot about the operations of those [Bush antiterror] programs that they didn't know during the campaign, and learned a lot about threats to the United States that they didn't know’ at that time.”


California Supreme Court to weigh gay marriage case again

March 3, 2009

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a San Jose Mercury News story about the upcoming arguments in California involving gay marriage. The story states: “‘It'll be a surprise if the California Supreme Court isn't legally humbled by the constitutional amendment,’ said Marc Spindelman, an Ohio State University law professor following gay marriage issues around the country.”


Franken to make his case in Senate contest

March 3, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was featured on Minnesota Public Radio regarding the Franken-Coleman ongoing recount in Minnesota.


Coleman-Franken feud could end in Supreme Court, experts say

February 26, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Minnesota Independent about the Coleman-Franken recount in Minnesota. The story says: “‘The sad truth is, most [close elections] have been handled without that sense of desirable closure,’ Foley says.”


Death penalty economics

February 26, 2009

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a The Week story about death penalty and economics. The story states: “There’s another problem with the fiscal argument, said law professor Douglas Berman in Sentencing Law and Policy. The ‘states seriously considering death penalty repeals’ have few death row inmates and fewer executions, so they don’t actually spend that much on capital punishment. Meanwhile, states with ‘bloated,’ expensive capital punishment systems, like California, are cutting jobs instead.”


Witnesses' voter status is debated

February 25, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a St. Paul Pioneer Press story updating the Franken-Coleman recount in Minnesota. The story stated: “In other words, said Ohio State University election law professor Edward Foley, ‘equal protection is still alive.’”


Second Amendment Absent in Supreme Court Gun Ruling

February 24, 2009

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Legal Times story about a U.S. Supreme Court decision regarding the right to bear arms. The story states: “But, as Ohio State University law professor Doug Berman points out on his Sentencing Law and Policy blog, neither Heller nor the Second Amendment played a role in Hayes. ‘The Second Amendment and Heller do not even get mentioned by the dissenters, even though the majority's ruling would seem to provide a green light to jurisdictions looking for pretty easy ways to functionally work around the rights supposedly championed in Heller.’”


The Budget Crisis May Yield Sea Change in Election Politics

February 20, 2009

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a New York Times story about California possibly changing its primary system. The story states: “‘I don’t think there is any question that California is more influential than the average state, being both the largest and with the most ballot initiatives,’ said Dan Tokaji, an election law specialist at Ohio State University. ‘Its direct democracy can often affect other states.’”


Coleman lawyers underscore argument about absentee ballot unfairness

February 18, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Pioneer Press story about the Coleman-Franken recount in Minnesota. The story states: “‘It is certainly an issue. I use the phrase a conundrum. ... It might end up being a problem,’ said Edward Foley, an election law professor at Ohio State University who has been closely following the Minnesota Senate race aftermath.”


Cuyahoga County investigation continues, 200 days after flashy raids

February 17, 2009

Featured Expert: Douglas A. Berman

Professor Douglas Berman was mentioned in a Cleveland Plain Dealer story about the federal investigation of a Cuyahoga County, Ohio, commissioner. The story states: “Douglas Berman, a criminal law professor at Ohio State University, said few people ever defend prosecutors who rush to indictment in high-profile cases. He cited, for example, the Duke University lacrosse case.”


Minnesota senate trial resumes Monday

February 16, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a South St. Paul Examiner story about the ongoing recount in Minnesota. The story states: “‘If it is going to apply to state elections the Coleman-Franken contest is the biggest Bush v. Gore case since the Bush v. Gore case itself, undoubtedly’ -- Ned Foley, professor of election law, Ohio State University.”


Illness Could Keep Barry Out of Jail, Experts Say

February 12, 2009

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Washington Post story about a Washington, D.C., councilman accused of not filing his 2007 tax return. The story stated: “If Robinson determines that Barry is too sick for confinement, she could let his three-year probation run out, extend it or sentence him to home detention, said Douglas Berman, a law professor at Ohio State University who specializes in sentencing issues. ‘She has lots of flexibility in this,’ Berman said.”


U.S. embassy in Iran could help defuse Mideast time bomb

February 12, 2009

Featured Expert: John B. Quigley

Professor John Quigley published an Opinion Editorial in several McClatchy-owned newspapers regarding the possibility of opening a U.S. embassy in Iran. He states: “Re-establishing diplomatic relations would offer the possibility of engaging Iran on the contentious issues that currently separate our countries. Iran's nuclear program has been issue No. 1 of late. Iran as a major oil producer affects energy supply.”


100 years old, NAACP considers its future

February 9, 2009

Professor john powell was quoted in a USA Today story about the 100-year anniversary of the NAACP. The story states: “John Powell of the Kirwan Institute for the Study of Race and Ethnicity at Ohio State University says the NAACP needs to consider the mission of one of its founders, W.E.B. Du Bois, who advocated economic rights. ‘What groups like the NAACP have traditionally done is good, but it is too narrow,’ he says. ‘The world has changed.’”


U.S. embassy in Iran could help defuse Mideast time bomb

February 9, 2009

Featured Expert: John B. Quigley

Professor John Quigley published an Opinion Editorial in several McClatchy-owned newspapers regarding the possibility of opening a U.S. embassy in Iran. He states: “Re-establishing diplomatic relations would offer the possibility of engaging Iran on the contentious issues that currently separate our countries. Iran's nuclear program has been issue No. 1 of late. Iran as a major oil producer affects energy supply.”


Shoveled walks do not lead to lawsuits

February 6, 2009

Featured Expert: Sarah Rudolph Cole

Professor Sarah Cole was mentioned in a Columbus Dispatch column about possible litigation stemming from residents shoveling their sidewalks. The story states: “But that belief is mistaken unless, by clearing the snow, you ‘worsen the condition or create an appearance of safety’ that doesn't exist, said Sarah Cole, a professor at Ohio State University's Moritz College of Law. Cole said the bottom line is: ‘Did you do something special to screw it up?’”


Dow Imperiled by Its Deal for Rohm & Haas

February 6, 2009

Featured Expert: Dale A. Oesterle

Professor Dale Oesterle was quoted in a New York Times column about Dow Chemical Company purchasing Rohm & Haas. The column states: “Dale Oesterle, a law professor at Ohio State University who writes a business law blog, has described the deal struck by Rohm & Haas and Dow Chemical as a ‘very seller-biased contract.’”


Skybus shareholders out of luck

February 6, 2009

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff was quoted in a Columbus Dispatch story about the now-bankrupt Skybus Airlines paying back its shareholders. The story states: “‘Many bankruptcies, like those of the major airlines in previous years, take years. So a year by bankruptcy standards is an A-minus,’ said Steven Davidoff, a visiting professor at Ohio State University's Moritz College of Law.”


Reactions to the big Recountland rulings

February 4, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Minneapolis Post story column. The column stated: “Prof. Ned Foley Ohio State, another top election law scholar, also focused some of his reaction on the Bush v. Gore question, but he wondered what impact the Three Judges treatment will have on the possibility of future action in federal court, or if the case goes through the Minnesota Supreme Court to the U.S. Supreme Court.”


Defining ‘Cruel and Unusual’ When Offender Is 13

February 2, 2009

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a New York Times story about a Florida man who is serving a life sentence for a rape conviction that stemmed from a crime he committed while he was 13 years old. “Douglas A. Berman, an authority on sentencing law at Ohio State, said it was time for the Supreme Court and the legal system to widen its relentless focus on capital cases and to look at other severe sentences as well. Cases involving the death penalty receive careful review at multiple levels, he said. Life sentences can receive almost none.”


Coleman Turns to Bush v. Gore in Senate Trial

February 1, 2009

Featured Expert: Edward B. Foley

Professor Ned Foley was quoted in an Associated Press story about “But Ned Foley, a professor of election law at Ohio State University, said that question has yet to truly be tested. Since the Bush v. Gore ruling, the Supreme Court has not cited the case again in any subsequent rulings -- splitting legal scholars on whether it applies to state election disputes. If it is going to apply to state elections, Foley said, then ‘the Coleman-Franken contest is the biggest Bush v. Gore case since the Bush v. Gore case itself, undoubtedly.’”


Organized labor, business poised for a showdown

January 30, 2009

Professor James Brudney was quoted in a Columbus Business First story about the possible revitalization of labor unions. The story states: “‘It’s a big priority within the labor movement,’ said James Brudney, a professor at Ohio State University’s Moritz College of Law who specializes in labor issues. ‘The business community is clearly very strongly opposed to it in its current form. It won’t sail through. It will be a tough battle.’”


A Long-Lived Privilege?

January 29, 2009

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a Newsweek story about former President George W. Bush directing his former aide not to cooperate with congressional inquiries. The story states: “‘To my knowledge, these [letters] are unprecedented,’ said Peter Shane, an Ohio State University law professor who specializes in executive-privilege issues. ‘I'm aware of no sitting president that has tried to give an insurance policy to a former employee in regard to post-administration testimony.’ Shane likened the letter to Rove as an attempt to give his former aide a 'get-out-of-contempt-free card'.”


Q&A on Minn. Senate recount trial

January 25, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an Associated Press story regarding the Minnesota recount that was printed in several newspapers. The story states: “Most neutral experts believe he has ‘an uphill battle,’ to quote Ned Foley.”


Edward Foley: The three-judge recount panel is off to a good start

January 23, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a MinnPost story about the three judge panel now reviewing the Minnesota recount. The story states: “Not just political junkies, but also election law experts around the country are paying close attention to Minnesota Recountland. Edward B. Foley of the Ohio State Law School (contributor of a recent MinnPost guest piece) gave the three-judge panel a thumbs up on his own blog.”


Al Franken’s courtroom setback

January 23, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a story in The Week about the Minnesota recount. The story states: “As it should, said Edward B. Foley in Ohio State University’s Election Law @ Moritz blog. Franken’s main argument was that the court should butt out because the Senate has ultimate authority to decide which candidate won. But that argument never had a chance, and the ‘ruling shows that the contest is proceeding in an orderly, legally appropriate way.’”


Walsh: Hatch is picky about his producers

January 21, 2009

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Salt Lake Tribune column about the Senator Orrin Hatch’s help to one music producer and lack of help to another. The story states: “‘John Forte had more prominent supporters,’ says Douglas Berman, an Ohio State University law professor who filed the petition for clemency. ‘That's the story of Carly Simon and Orrin Hatch.’”


A new model for the black family

January 16, 2009

Professor john a. powell was quoted in a Columbus Dispatch story about how the Obamas will change how black families are viewed. The story stated: “They can help change the perception that success is possible only for those raised in a nuclear family, said john a. powell, director of the Kirwan Institute for the Study of Race and Ethnicity at Ohio State University.”


Opinion: Electoral Reforms Must Include New Endgame

January 15, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley published an Opinion Editorial in Roll Call regarding the procedures the United States uses to elect and confirm its president. He states: “Last Thursday, Congress confirmed Barack Obama’s election as president. Thankfully, there was no controversy, as there was the previous two times Congress officially declared a winner. But the procedures for reviewing the Electoral College votes from the states remain deficient — a point that should not be lost in all the current commotion over seating Senators.” (Subscription required)


Franken Camp Makes Another Run at Election Certificate

January 14, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a CQPolitics.com story about the Minnesota recount. The story states: “Election law expert Ned Foley, a professor at Ohio State University’s Moritz College of Law, said another legal issue could thwart Franken’s case. ‘My main thought ... is that the Minnesota Supreme Court will remember what it has said on two previous occasions so far, which is that the issues of allegedly double-counted ballots and wrongly rejected absentee ballots [that Coleman has alleged in his challenge] need to be considered in a contest; and in that sense the recount was ‘incomplete.’ ’ ”


Years of U.N. refusal to impose sanctions have led to peaceless quagmire

January 9, 2009

Featured Expert: John B. Quigley

Professor John Quigley had an Opinion-Editorial published in several newspapers regarding the conflict between Israel and Gaza. He states: “It's time for the United Nations to shed its impotency and impose tough sanctions on Israel. That would be the least the United Nations could do after sitting silently for years through a ‘peace process’ that Israel has used as a cover to grab Palestinian land.”


Endless Vote Recounting Tests Minnesota Niceness

January 7, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a New York Times story regarding the U.S. Senate recount in Minnesota. The story states: “The resulting mix of political transparency, Internet technology and earnest civic mindedness made for a much different recount story than the dramas in Florida in 2000 in the presidential election or Washington State in 2004 in the governor’s race, said Edward B. Foley, a professor of law at Ohio State University who has been following Minnesota’s tribulations for a book he is writing on contested elections. ‘There’s been a healthy public engagement,’ Professor Foley said. ‘It’s partly technology, but the primary force is a cultural one. There’s a richness to the Minnesota public discourse.’”


What About Minnesota?

January 7, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley wrote a short opinion editorial for the Washington Post regarding Minnesota’s U.S. Senate recount. “Will Minnesota be as successful this time? Can Coleman and Franken agree on three judges if they, too, are given the opportunity? It would serve the nation, not just their state, well if they could -- as it would heed Barack Obama's call for finding common ground in the midst of political competition.”


Smooth vote doesn't quiet critics

January 5, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Columbus Dispatch story about Ohio Secretary of State Jennifer Brunner. The story states: “‘I don't think either side was completely pure,’ said Edward ‘Ned’ Foley, director of an election-law center at Ohio State University. ‘There has to be genuine commitment on both sides to strive to be bipartisan.’


Minn. Recount Nears End; Up Next: Lawsuits

January 3, 2009

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an Associated Press story about the Minnesota recount. The story states: “‘I'd say it's close to inevitable’ that the losing candidate will sue, said Edward Foley, an election law expert at Ohio State University who has closely monitored the Minnesota recount.”


Presidential Authority: Echoes of Administrations Past

January 1, 2009

Featured Expert: Peter M. Shane

Professor Peter M. Shane was quoted in a CQ Politics article regarding the similarities between Barack Obama’s and George W. Bush’s national security policies. The story states: “ ‘Presidents and their lawyers are aware that they are protecting not just the administration, but the institution of the presidency,' said Peter M. Shane, an Ohio State University law professor. He said that the president ‘may be reluctant to impose what he takes to be his views on the institution of the presidency for all time.’ “