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.

2010 Media Hits

Recognize Palestine now

December 30, 2010

Featured Expert: John B. Quigley

Professor John Quigley recently published an Opinion Editorial in the Youngstown Vindicator about the United States formally recognizing Palestine as a state and establishing full diplomatic relations with it in hopes of energizing Israeli-Palestinian negotiations. The story states: “The United States cannot pretend to be impartial between the two parties it is trying to bring together when it relegates one of them to a second-class status. The Obama administration portrays itself as an ‘honest broker’ between Israel and Palestine, but withholding formal recognition from Palestine forces Palestine to contest with Israel with one arm behind its back.”


Obama’s drug war

December 30, 2010

Featured Expert: Michelle Alexander

Professor Michelle Alexander recently published and Opinion Editorial in the San Francisco Bay View about the current war on drugs the Obama administration is fighting. The story states: “More than 30 million people have been arrested since 1982, when President Reagan turned Nixon’s rhetorical “war against drugs” into a literal war against poor people of color. During the past few decades, African-American men, in particular, have been arrested at stunning rates, primarily for nonviolent, relatively minor drug offenses – despite data indicating that people of all races use and sell drugs at remarkably similar rates.”


OSU law expert reviews new 'Citizens United' disclosure rules

December 29, 2010

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was recently quoted in an Examiner.com story about a set of approved permanent rules designed to address the impact of the "Citizens United" case in, which Ohio may raise Constitutional issues and have a big loophole in them. The story states: “Tokaji, a reliable and recognized expert in election law, civil rights, and federal courts who has litigated numerous civil rights and election law cases, cautioned upon review of the new rules that the big loophole he saw ‘is that for-profit corporations may be able to funnel money through another organization, and thereby prevent the public from following the money.’”


Put-in-Bay police chief wants to add part-time dispatcher

December 29, 2010

Featured Expert: Terri L. Enns

Professor Terri Enns was recently mentioned in a Port Clinton News Herald story about Put-in-Bay police chief hoping to hire a dispatcher who would also respond to public records requests and media inquiries. The story states: “Stone told the newspaper the police department cannot release full reports until the cases involving the reports have been resolved in court. But two attorneys -- Terri Enns, clinical professor of law at Ohio State University's Moritz College of Law, and Cleveland attorney David Marburger, who specializes in First Amendment issues and media law -- said the incident reports are public record whether the case is resolved or not.”


Seminal papers on election law and election administration

December 21, 2010

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was recently mentioned in a press release about a festschrift honoring Daniel H. Lowenstein in the current issue of Election Law Journal. The story states: “A host of legal luminaries feted Lowenstein at a day-long conference earlier this year, sponsored by Election Law Journal and UCLA School of Law. Their presentations are published in the current issue of the Journal, and the last issue to be co-edited by Lowenstein and co-Founding Editor Richard Hasen, from Loyola Law School, who will hand over the editorial reins of the newly named Election Law Journal: Rules, Politics, and Policy to Paul Gronke, Professor of Political Science at Reed College, and Daniel Tokaji, Professor of Law at The Ohio State University, Moritz College of Law.”


Commerce Dept seeks Web privacy enforcement

December 16, 2010

Professor Peter Swire was quoted in a Reuters story regarding a report issued by the Department of Commerce on Internet privacy. The story states: “Privacy expert Peter Swire, a law professor at Ohio State University, applauded the report. ‘For the past decade, the executive branch has lacked a visible leader on Internet privacy. The many changes in the Internet and commercial practices in the past decade mean it is high time to have this sort of leadership position,’ he said."


Privacy Groups Critical Of Commerce Privacy Report

December 16, 2010

Professor Peter Swire was quoted in a National Journal story about a Department of Commerce report issued regarding Internet privacy. The story states: “However, Ohio State University law professor Peter Swire, who served as a privacy adviser to President Bill Clinton, praised the report's call for a privacy office at Commerce, saying ‘it makes sense to put commercial privacy policy in the Department of Commerce. It provides a visible point of contact for privacy policy in the Executive Branch.’”


Public-sector unions in Ohio soon may be under siege

December 12, 2010

Featured Expert: Charles E. Wilson

Professor Charles Wilson was quoted in a Columbus Dispatch story about public-employee labor laws in Ohio. The story states: “‘The way to control labor costs is to decide what you can pay and bargain accordingly,’ Wilson said. ‘You can't both eliminate strikes and binding arbitration. Otherwise, it's collective begging.’”


Broadband access in the Northwoods: Limited but growing

December 10, 2010

Professor Peter Swire was mentioned in a Lakeland Times story about the increasing availability of high-speed Internet access in the Northwoods. The story states: “A post on the White House website by Peter Swire, special assistant to the president for economic policy, states: ‘A big focus of the new awards is on the 'middle mile'-the infrastructure that connects the Internet backbone to communities across the nation. Our grants help build middle-mile infrastructure to under-served communities. We make it easy to connect 'anchor institutions' such as schools, libraries, and medical centers. The middle mile investments, like the regional networks that filled in the Internet, set the stage for private investors to finish the job, with the so-called 'last-mile' connections to homes and businesses.’”


Overcoming Sexual Victimization of Boys & Men

December 9, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindelman was guest on All Slides with Ann Fisher on WOSU during the second segment of the show.


Emmer concedes governor’s race to Dayton

December 8, 2010

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Politics in Minnesota story about Republican Tom emmer conceding the Minnesota governor’s race to DFLer Mark Dayton. The story states: “‘I haven’t seen anything that has suggested we’re not at the end of the road,’ he said after reviewing the opinion. ‘Every election has a losing candidate. Someone has to lose. At some point it’s over when it’s over; you can’t simply say ‘I wanted to win’ and go to court.’”


Emmer to concede governor's race

December 7, 2010

Featured Expert: Edward B. Foley

Professor Ned Foley was recently quoted in a Minneapolis Star-Tribune story about Republican Tom Emmer being expected to concede the Minnesota governor's race to DFLer Mark Dayton on Dec. 8. The story states: “Edward Foley, an election law professor at Ohio State University, said the Supreme Court opinion was a complete rejection of Emmer's argument. If an Emmer victory ‘was a galaxy away before, it is now clusters of galaxies away,’ he said.”


Expect More Legal Twists In Battle Over Prop. 8

December 6, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindelman was recently quoted in an NPR segment about the ongoing legal battle over same-sex marriage, in California. The story states: “‘Their best argument that they have standing appears to be an argument that says that the state courts allowed them to defend the marriage amendment in the state courts, and so that they ought to be allowed and understood to have standing under state law to defend in federal court as well,’ Spindelman says.”


Elections experts say Emmer win unlikely after recount

December 2, 2010

Featured Expert: Edward B. Foley

Professor Ned Foley was recently quoted in Minnesota Public Radio segment on the unlikelihood of Republican Tom Emmer winning Minnesota's race for governor. The story states: “‘If you surveyed the history of recounts all around the 50 states, it's extremely unlikely that you could overturn a margin of victory that's 1,000 or 2,000 votes,’ said Ned Foley, from the Ohio State University College of Law. ‘When you get up to 8,000 or 9,000 votes, that's huge odds against you.’”


From count room to courtroom?

December 1, 2010

Featured Expert: Edward B. Foley

Professor Ned Foley was recently quote in a Minneapolis Star-Tribune story about the possibility of a Minnesota’s governor race moving to the courtroom after a recount. The story states: “‘If you can't demonstrate a number of questionable ballots that are equivalent to the margin of victory, it's a non-starter,’ said Ned Foley, a professor of election law at Ohio State University. ‘If the numbers aren't there, you can't win.’”


Put-in-Bay police: Strange calls and a code of silence

November 27, 2010

Featured Expert: Terri L. Enns

Professor Terri Enns was recently quoted in a Mansfield News Journal story about the vagueness and unavailability of public police records on Put-in-Bay. The story states: “‘The bottom line is an incident report is public record,’ said Terri Enns, a professor at The Ohio State University's Moritz College of Law. ‘An unredacted copy has to be given over to the requester.’”


Michelle Alexander: The New Jim Crow

November 26, 2010

Featured Expert: Michelle Alexander

Professor Michelle Alexander was a guest on Smiley & West to discuss how her book, The New Jim Crow, is affecting public policy.


Iowa secretary of state plans to seek re-election

November 24, 2010

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was recently quoted in a Quad-City Times story about Iowa Secretary of State Matt Schultz’s plan to run for re-election in four years, and the changes he will make regarding voter ID laws. The story states: “The public generally supports voter ID laws, according to Daniel Tokaji of the Moritz College of Law at The Ohio State University, who specializes in voting law.”


Are the Courts Ahead of the Public on Gay Rights?

November 23, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a TIME magazine story about gay rights in both the courts and in popular opinion. The story states: "‘[Might] the backlash prove to be powerful enough to delay permanent recognition of gay marriage? There is unquestionably the risk,’ law professor Marc Spindelman of the Ohio State University tells TIME. ‘Before [Ted] Olson and [David] Boies brought their Prop 8 case ... there were deep concerns about the timing of the case because of concerns that not enough groundwork had been done to win support for gay marriage.’”


Minn. election law: Clarity quickly chased by confusion

November 22, 2010

Featured Expert: Edward B. Foley

Professor Ned Foley was recently quoted in a Minneapolis Star-Tribune story about the well-intentioned election laws of Minnesota that may be muddied by a coming recount. The story states: “‘Something can always come up, even in a well-designed election system,’ said Ned Foley, an election law professor at Ohio State University.”


Family, Community Mourns Knox County Tragedy

November 19, 2010

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in a WBNS-10TV about the mourning of the three Knox County residents whose murders are being investigated with a case building against the only suspect in the slayings, Matthew Hoffman. The story states: “‘Certainly there might have been conversations that said, ‘Look, it's going to be harder for us prosecutors -- to have any sympathy for your client if it turns out he's done these things and we're spending weeks and months still searching for the bodies,’’ Berman said.”


New York Terror Verdict Hailed as Vindicating Civil Trials

November 18, 2010

Featured Expert: Peter M. Shane

Professor Peter Shane was recently quoted in an Inter Press Service story about reactions from politicians and legal experts after the end of the trial of the first Guantanamo Bay detainee. The story states: “‘Undoubtedly, the Ghailani verdict will be used by President Obama's political opponents to argue the inappropriateness of trying Guantanamo detainees in civilian court,’ Peter Shane, a professor at Ohio State University's law school, told IPS. ‘That argument assumes, however, that a military commission would have admitted the evidence that the civilian court excluded - which is by no means clear.’”


Hit-and-miss efforts in Afghanistan simply aren't worth more U.S. fatalities

November 18, 2010

Featured Expert: John B. Quigley

Professor John Quigley recently published an opinion-editorial in the Sacramento Bee, and more than 21 other newspapers, about fatalities in Afghanistan not being worth the efforts. The story states: “If we do not need to be in Afghanistan to fight al-Qaeda, it is hard to understand why we are there. But we just put in extra troops for a "surge" offensive in the Kandahar area. And the current deadline for a drawdown would have us there in the present full strength to July 2011.”


Put-in-Bay police keep public info private

November 16, 2010

Featured Expert: Terri L. Enns

Professor Terri Enns was quoted in The News Messenger in a story about Put-in-Bay police not disclosing police reports. The story states: “‘The bottom line is an incident report is public record,’ said Terri Enns, clinical professor of law at Ohio State University’s Moritz College of Law. ‘An unredacted copy has to be given over to the requester.’”


FHA Report Shows Improvement, But Risks Remain

November 16, 2010

Professor Peter Swire was quoted in a Wall Street Journal blog post about the Federal Housing Administration avoiding the need for a taxpayer bailout. The story states: “‘The report understates the true improvement to date in FHA’s outlook,’ said Peter Swire, a former White House housing adviser who teaches law at Ohio State University.”


Foreclosures Raise New Concerns About Banks, Panel Says

November 16, 2010

Professor Peter Swire was recently quoted in a New York Times story about the foreclosure documentation crisis and the severe consequences it could have on the housing market and economy. The story states: “‘The bankers face a potentially difficult situation,’ said Peter Swire, a law professor at Ohio State who stepped down last summer as an Obama administration official. ‘If they provide details, lots of them won’t be pretty. If they don’t provide details, it may look like they’re stonewalling.’”


Alaska's Miller waits to see if write-in challenge adds up

November 13, 2010

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an MSNBC story about the laws of write-in ballots in the race in Alaska. The story states: “‘I can see a judge easily saying there's no wiggle room under the statute or there's a little wiggle room but not a lot,’ he said. Some courts in election matters have taken a "tough luck," rules-are-rules approach, he said, while others have proved more lenient to keep voters from being disenfranchised.


GLOBAL JOURNALIST: Privacy in the age of online social networking

November 12, 2010

Professor Peter Swire recently participated in a radio segment of the Global Journalist about privacy in the age of online social networking. The story states: “Peter Swire, law professor, Ohio State University, Columbus: ‘The Federal Trade Commission is called an “independent agency,” so they don’t get involved in the inter-agency thing quite as much. It is a very normal part of the federal government for the different parts of the federal government to have an inter-agency process, for the president and his advisors to have some take on this and to have the Federal Trade Commission do enforcement.’”


Video Shows Alleged Excessive Use Of Tasers In Jail

November 12, 2010

Featured Expert: David A. Goldberger

Professor David Goldberger was recently quoted in an NBC4 story about the unreasonable degree of force being used on inmates at Franklin County Jail. The story states: “‘It's being used to tell the inmate to do what the officer is telling them to do and when they resist, even in passive resistance they are getting (shot with the Taser),’ Goldberger said.


Watchdog Planned for Online Privacy

November 11, 2010

Professor Peter Swire was mentioned in a Wall Street Journal story about the preparation of a stepped-up approach to policing Internet privacy by the Obama administration. The story states: “In 1999 President Bill Clinton appointed Peter Swire as chief counselor for privacy in the Office of Management and Budget. Mr. Swire helped craft privacy guidelines for the use of consumer medical and financial data. The new office would be similar but have more resources, and would engage other countries in privacy discussions and negotiations.”


Experts: Child rapist sentence exceeded similar cases

November 10, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was recently quoted in a Stars and Stripes story about Air Force Staff Sgt. Joshua Adam Smith, 27, being sentenced at court-martial to life in prison without possibility of parole for the rape of three young girls he baby-sat. The story states: “‘All of the biggest aggravating red flags in the modern concern about child exploitation and child sex offenses are present,’ said Douglas Berman, an Ohio State University law professor and appellate lawyer.”


State election system is better, not faster

November 9, 2010

Featured Expert: Edward B. Foley

Professor Edward Foley was recently quoted in a Minneapolis Star-Tribune story about the effectiveness of changes to election law in Minnesota since the 2008-2009 election. The story states: “A nationally recognized election law scholar, Edward Foley of Ohio State University, watched Minnesota's 2008-09 U.S. Senate recount and election contest and became an admirer of this state's precise election laws and even-handed administration. But, he added, ‘you have the virtue of fairness at the expense of taking too long.’ He warned that a close election for governor or president would make that flaw loom large.”


Experts Skeptical Of Lawsuit Over Minn. Gov. Race

November 7, 2010

Featured Expert: Edward B. Foley

Professor Edward Foley was recently quoted in a story reported by WCCO TV about whether or not the GOP can sue its way to victory in the Minnesota governor’s race. The story states: “Edward Foley, a law professor at Ohio State University, said he hasn't seen anything yet that would give sufficient legal grounds for an Emmer lawsuit to succeed. ‘There would need to be problems in the voting process that are violations of the law that could make a difference in the outcome,’ Foley said.”


What the election means for foreclosures and robo-signing

November 4, 2010

Professor Peter Swire was quoted in a CNNMoney.com story about what Tuesday’s election means for the nation’s home foreclosures. The story states: “‘After [Iowa Attorney General Tom Miller], Cordray was the single most visible attorney general in this effort,’ said Peter Swire, a law professor at Ohio State and former special assistant for economic policy at the White House.”


And the winner is ... Pawlenty?

November 4, 2010

Featured Expert: Edward B. Foley

Professor Edward Foley was mentioned in a Minneapolis Star-Tribune story about the close Minnesota governor’s race. The story states: “Ned Foley, an election law professor at Ohio State University, said his study of recounts found they rarely change the result and then only when the election night loser is fewer than 2,000 votes short of victory.”


Rough start only got worse for Democrats

November 3, 2010

Featured Expert: Terri L. Enns

Professor Terri Enns was quoted in The Lantern in a story about Republican Rob Portman winning Ohio’s open Senate seat. The story states: “‘Portman gets talked about as a potential Republican candidate for president,’ said Terri Enns, clinical professor of law at Ohio State's Moritz College of Law.”


Sarbanes-Oxley May Leave Bank Execs Legally Vulnerable

November 3, 2010

Professor Peter Swire was recently quoted in a Wall Street Journal story about how the housing crisis will affect bank executives. The story states: “Peter Swire, a law professor at Ohio State University and a former special assistant to the president for economic policy, said most servicers still fail to recognize that problems with foreclosure documentation have risen to the level of being a ‘material weakness.’” (Subscription required).


Kasich wins race for governor

November 3, 2010

Professor Charles Stewart was recently quoted in The Lantern in a story about Ohio returning to its traditionally Republican roots. The story states: “Democrats will need to convince moderate voters of their stance on the economy and the deficit before the 2012 election, said Charles Stewart, a visiting scholar at the Ohio State Moritz College of Law and a professor of political science at MIT.”


Book Review: "The Statehood of Palestine: International Law in the Middle East Conflict"

November 3, 2010

Featured Expert: John B. Quigley

Professor John Quigley’s new book, The Statehood of Palestine: International Law in the Middle East Conflict, was reviewed on the Media Monitors Network web site. The review stated: “Will the Palestinians ask the United Nations to recognize their state? This has been an oft-asked question, particularly in recent weeks, as the American-mediated peace process has stalemated once Israel continued to build illegal settlements in the Occupied Palestinian Territories. But what if Palestine is already a state? This is the argument made by John Quigley, professor of international and comparative law at the Ohio State University Law School and author of the newly published book The Statehood of Palestine: International Law in the Middle East Conflict.”


Using Provisional Ballots

November 3, 2010

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was a featured guest on WBNS-10TV on Wednesday morning following Tuesday’s election. Tokaji discussed provisional ballots, how they are used, and what procedures are in place to count them.


Provisional Ballots in Delaware County

November 3, 2010

Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in a story on WBNS-10TV in Columbus following Tuesday’s elections. Questions centered on the use of provisional ballots because polling places had been moved in Delaware County, Ohio.


Tobin: CEOs Shouldn’t Use Corporate Treasury as Personal Political Piggy Bank

November 2, 2010

Professor Donald B. Tobin recently published an Opinion Editorial in Roll Call about CEOs contributing company funds in support of political candidates. The piece states: “A corporation can have a business purpose for making a political contribution, and such a contribution would not necessarily violate the executive’s fiduciary duty to the shareholders, but the CEO cannot make a contribution from the corporation that is based solely on the CEO’s friendship with the candidate. CEOs simply cannot use the corporate treasury as a personal piggy bank.”


In Ohio, Absentee Ballots Surge .

November 2, 2010

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was recently quoted in a Wall Street Journal story about the high percentage of absentee ballots cast in Ohio. The story states: “Daniel Tokaji, a law professor at Ohio State University's Moritz College of Law, says that in recent years the political parties have been encouraging people to vote absentee in light of worries about waning voter enthusiasm. ‘They were worried they might not turn up at polls on Election Day,’ he said.”


‘The New Jim Crow’

November 2, 2010

Featured Expert: Michelle Alexander

Professor Michelle Alexander was mentioned in the San Francisco Bay View in a story about her recently published book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness. The story states: “[T]he author, a law professor at Ohio State University’s Moritz College of Law, Michelle Alexander, digs deep into U.S. history and deeper still into U.S. criminal law and practice to conclude that the barbarous system of repression and control known commonly as Jim Crow had a rebirth in this era. That’s why she calls it the new Jim Crow.”


More Voting Headaches Ahead?

November 1, 2010

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was recently quoted in a National Journal story about the functioning of voting systems during the upcoming elections. The story states: “‘I actually am cautiously optimistic,’” said Daniel Tokaji, a professor at Ohio State University’s Moritz College of Law. ‘We’re now getting to the point where local election officials and poll workers are becoming more familiar with voting requirements. And I may be foolish, but I’m expecting fewer problems this time around.’”


Alaska’s Murkowski seeking write-in win

October 28, 2010

Featured Expert: Edward B. Foley

Professor Edward Foley was recently quoted in a USA Today story about Alaska Sen. Lisa Murkowski hoping for a successful statewide write-in campaign. The story states: “Edward Foley, who directs an election law institute at Ohio State University, said it’s too soon to know whether that battle could lead to a smaller version of the Florida ballot-counting controversy of 2000.”


Camps Lawyer Up For High-Pressure Election Day

October 27, 2010

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a National Journal story about lawyers and activists gearing up for the upcoming election after reaching a record number of registered voters. The story states: “The use of provisional ballots may also boost the risk of a legal tussle. The Help America Vote Act of 2002 requires election officials to offer provisional ballots to voters whose registration is in question. The surge in new voters, coupled with voter roll problems and controversies, make such questions more likely this year. But rules for counting provisional ballots vary from state to state, and their use tends to encourage lawsuits. ‘If you have provisional ballots, it increases the margin of litigation,’ said Daniel Tokaji, a law professor at Ohio State University.”


Good timing, bad timing

October 27, 2010

Featured Expert: Michelle Alexander

Professor Michelle Alexander was recently mentioned in The Other Paper in a story about Money and Memories Entertainment trying to spread the word about a new book. The story states: “Representatives from Bice’s co-promoter on the Skully’s event, Money and Memories Entertainment, had told The Other Paper earlier that week of their determination to get Michelle Alexander’s book The New Jim Crow into the hands of Dead Prez. That same week, feminist scholar bell hooks urged Ohio State students to read Alexander’s book, which is critical of the prison system.”


Among black voters, support for the president, but waning enthusiasm

October 27, 2010

Professor John Powell was recently quoted in a Minnesota Public Radio segment about the support of and enthusiasm about President Barack Obama. The story states: “But Powell said African Americans identify with Obama and the challenges he faces. ‘And there's a sense that a segment of the white community in particular, is watching him like a hawk,’ he said. ‘Any signs that he is doing something for the African-American community or favoring the African-American community will be trumped on, and make it hard for him to govern. So people, in that sense, give slack.’”


Secret campaign contributions: Are they breaking the law – or just bending it?

October 27, 2010

Professor Donald Tobin was recently mentioned in The Christian Science Monitor is a story about massive campaign funding organizations that use the tax law to protect the anonymity of their donors. The story states: “What could the IRS do about it? According to Ohio State tax professor Donald Tobin, quite a lot actually. (Thanks to the TaxProf blog for posting this). It could subject the donors to the gift tax. It could reclassify these groups as Sec. 527 organizations, which would require them to name their sugar daddies. It could sanction the lawyers who give the green-light to these outfits. Another option: The IRS could sanction the SuperPACs themselves and make them pay tax on those funds they improperly contribute to campaigns.”


Ohio Independent Senate candidate Pryce decries 'stacked' deck for Dems, GOP

October 26, 2010

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was recently quoted in an  Examiner.com story about Ohio Independent state candidate Michael L. Pryce. The story states: “In a continuation of my special reporting on the trials and tribulations of minority party candidates who through a unique sequence of events involving the Ohio legislature and the Secretary of State's office made it to the ballot this year, giving voice to what Pryce described in a letter to CGE on his frustrations running for office as a 'sad experience' will hopefully shed a little light on the nation's two-party system, whose practical effect, as Ohio State University Law Professor and nationally known election-law expert Daniel Tokaji recently told CGE, suppresses the vote.”


October 26, 2010

Professor john powell was a guest on WNYC Radio regarding transportation issues.


Mentoring program allows Moritz students to see how classroom, 'real life' merge

October 22, 2010

Featured Expert: Alan C. Michaels

Dean Alan Michaels was quoted in a Daily Reporter story about the College’s Mentoring and More @ Moritz program. The story states: "‘One of our goals is to ensure students receive the opportunity to experience first-hand how what they learn in the classroom applies to the issues faced by practicing lawyers every day,’ said Alan C. Michaels, dean of The Ohio State University Moritz College of Law.”


Smoke and Horrors

October 22, 2010

Featured Expert: Michelle Alexander

Professor Michelle Alexander was mentioned in an Opinion Editorial published in The New York Times. The pieces states: “In fact, in her fascinating new book, ‘The New Jim Crow,’ Michelle Alexander argues that the American justice system is being used to create a permanent ‘undercaste — a lower caste of individuals who are permanently barred by law and custom from mainstream society’ and to discriminate against blacks and Hispanics in the same way that Jim Crow laws were once used to discriminate against blacks.”


Republicans' secret formula — 501(c)(4)

October 21, 2010

Professor Donald B. Tobin was quoted in a Los Angeles Times story editorial about the use of 501(c)(4) organizations in political campaigns. The story states: "‘The IRS ought to act, but this is not their fight,’ Donald B. Tobin, a professor of tax law at Ohio State, told me. ‘Their mission is to collect revenue, not to regulate political campaigns.’”


Who should sign off on the foreclosure mess?

October 21, 2010

Professor Peter Swire was a featured guest on America Public Media’s “Marketplace” regarding the current state of mortgage foreclosures in the United States. Swire said: “We're going to find out where there is problems, where there’s not problems. I hope where there's not problems we can start to signal to people, ‘look, we've actually looked under this rock and it's O.K.’ There's going to be some other things where there are going to be problems -- some of it's going to be house by house. Is this house subject to a good mortgage or not? There's no replacement for that when you're talking about one family's real property.”


A Proposal To Ease the Foreclosure Mess.

October 20, 2010

Professor Peter Swire was recently quoted in The Wall Street Journal in a story about a proposal he has written that asks bank officers to vouch for the quality of their mortgage-documentation operations. The story states: “’When there’s a lot of uncertainty and one party knows more than the others, that party is probably the best one to take on the risk,’ said Mr. Swire, in an interview. ‘Banks probably know more than anyone else about what the risks are; they are the best insurers here against this risk.’”


'Don't Ask, Don't Tell': An End to Court Deference to the Military

October 20, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a TIME magazine story regarding a federal judge’s decision to not back down for her order to stop the enforcement of “don’t ask, don’t tell.” The story states: "‘Part of what is interesting here is that while Judge Phillips' order formally puts 'Don't ask, don't tell' and its constitutionality front and center, right behind that issue are important questions about the deference shown by the judiciary to the military where a military policy has been duly enacted by the Congress and signed by a President into law,’ says Marc Spindelman of Ohio State University's law school.”


Attempted murder count for Ohioan in abortion case

October 20, 2010

Featured Expert: Joshua Dressler

Professor Joshua Dressler was quoted in an Associated Press story about a man accused of attempted murder for forcing his pregnant girlfriend to drive to an abortion clinic. The story says: “Convicting Holt-Reid of the attempted murder charge may be difficult because of the chain of events that would have to have occurred for the fetus to be in danger, said Joshua Dressler, an Ohio State University criminal law professor. ‘There were a number of other steps that would have to go on before it could ever reach the stage of actual termination,’ Dressler said Wednesday. ‘Is this really now attempted murder...particularly since he can't, if you will, pull the trigger?’ Dressler said. ‘It's going to have to be done by someone else.’”


Foreclosure crisis tops Obama agenda

October 20, 2010

Professor Peter Swire was quoted in a Financial Times story about the foreclosure crisis and its position on President Obama’s priority list. The story states: “‘The administration is showing its serious concern about these practices, but addressing the bad actors and fixing the problem is separate from whether a moratorium makes sense,’ said Peter Swire, a fellow at the Center for American Progress and former official on Barack Obama’s National Economic Council.”


Sarbanes-Oxley May Expose Bank Execs to Suits in Foreclosure Doc Mess

October 20, 2010

Professor Peter Swire was quoted in an American Banker story regarding the foreclosure crisis. The story states: “Peter Swire, a law professor at Ohio State University and a former special assistant to the president for economic policy, said most servicers still fail to recognize that problems with foreclosure documentation have risen to the level of being a ‘material weakness.’ ‘If you knew that your company was making many misrepresentations to judges that could put many foreclosures at risk, that would be a question as to whether it was material,’ Swire said. ‘An executive who is supposed to know what is going on should have realized that.’”


Felons challenge voting prohibition

October 19, 2010

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was recently quoted in a Journal Sentinel story about two felons challenging the Wisconsin constitution because it prohibits felons from voting until their sentences, including probation and payment of fines, have been completed. The story states: “Dan Tokaji, a professor at Ohio State University who specializes in election law and scholarship, said courts have held that even though affected groups don't have to prove intentional discrimination under Section 2 of the Voting Rights Act, they must show something more than a law's disproportionate impact.”


10 years after Bush v. Gore, new concerns about voting

October 18, 2010

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was recently quoted in a USA Today story about updated voting systems and the possibility for mistake. The story states: “As a result, most states and counties will have to limp along with their current equipment until they can afford to replace it. And until then, manufacturers will have little reason to innovate. ‘We will see innovation if there's money for it,’ says Dan Tokaji, an elections expert at Ohio State University's Moritz College of Law. ‘We won't if there's not.’”


Cost no reason to shun judicial elections

October 16, 2010

Featured Expert: Ric Simmons

Professor Ric Simmons recently published an Opinion-Editorial in The Columbus Dispatch about the debate as to whether citizens should select their state judges by election. The editorial states: “Both sides make legitimate arguments. Proponents of judicial elections argue that judges deserve to have their own power base, rather than be dependent on the other two branches for appointment or retention, and that in a democracy, voters deserve the right to hire and fire government officials who can issue important and sometimes effectively irrevocable policy decisions. Opponents of judicial elections argue that the process of executive nomination and legislative confirmation results in a higher-quality bench and that voters are unqualified to select judges, because voters frequently know next to nothing about the judicial candidates on the ballot.”


19 days until the election... but many have already cast their ballots

October 14, 2010

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was recently featured in a segment of Fox News about early voting. In the segment, Tokaji says: “[Early voting] is a growing trend. It’s really picked up in the past ten years… This is changing the face of elections. It’s changing campaign strategies; it’s changing the way campaigns are run, when ads had to be purchased, and it’s gone, for the most part, under the radar.”


States set to unveil joint probe into foreclosures

October 13, 2010

Professor Peter Swire was recently quoted in an Associated Press story about forty states preparing to launch a joint investigation into the mortgage industry. The story states: “‘The behavior already on the record involves thousands of false statements to judges,’ said Peter Swire, an Ohio State University law professor who recently left the White House economic policy staff. ‘That's a weak hand for the banks.’’


Crime Severe, Sentence Just

October 13, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was recently quoted in The Heights in a story about capital punishment. The story states: “Douglas Berman and Stephanos Bibas, both university law school professors, write, ‘…capital sentencing law and practice is suffused with emotion. Descriptively, the death decision is an emotional decision through and through.’ They cite studies showing that a significant predictor of a death sentence is whether the killer shows remorse or, and note that juries also take into account whether the murder was ‘heinous, atrocious, or cruel,’ which are all highly emotional terms.”


Document Questions Cloud Recovery

October 12, 2010

Professor Peter Swire was quoted in a Wall Street Journal story about uncertainty in the market of foreclosed homes. The story states: “‘Title-insurance costs can go up, purchasers can flee from auctions, and new home-buying families will decide to wait longer before re-entering the market,’ said Peter Swire, a law professor at Ohio State University who until August served as a top adviser on housing-finance issues in the White House.”


Ohio law firms fund scholarship initiative for Moritz College of Law

October 12, 2010

Featured Expert: Alan C. Michaels

Dean Alan Michaels was quoted in The National Jurist in a story about The Ohio State University Moritz College of Law receiving funding from 12 of the largest law firms in Columbus to support the Leadership Scholarship Initiative. The story states: “‘We are thrilled by the enthusiasm and support of the local bar for our Leadership Scholarship Initiative,’ said Alan Michaels, dean of the Moritz College of Law. ‘The firms’ generosity reflects their confidence in this great law school and our shared role in the Columbus community. Their commitment will make a real difference in bringing the next generation of outstanding lawyers and leaders to Ohio State.’”


When America feared and reviled Catholics

October 10, 2010

Featured Expert: Sharon L. Davies

Professor Sharon Davies recently published an Op-Ed in the L.A. Times about religion in America. The story states: “The anti-Catholic fever of the 1920s was not a regional story; it was an American story, extending north, east and west, casting Catholics as second-class citizens for decades. It didn't truly end for another 40 years, when presidential candidate John F. Kennedy felt compelled to say directly that his allegiance was to the United States, not the pope. Today, the worst of the anti-Catholic fervor might simply be an embarrassment, were the consequences less dire and were there not so many signs that we haven't learned from our mistakes.”


New site helps voters pick judges

October 7, 2010

Featured Expert: Ric Simmons

Professor Ric Simmons was recently mentioned in a Cincinnati Enquirer story about a new program he has created that takes users through a quiz to help the decided which judge they might want to vote for. The story states: “An Ohio State University law professor, Ric Simmons, has spent the last couple years creating it.”


Another tool to judge the judges

October 6, 2010

Featured Expert: Ric Simmons

Professor Ric Simmons was recently mentioned in a Columbus Dispatch story about a new program he has created. The story states: “Ohio State University law Professor Ric Simmons developed an online survey to help voters choose candidates for the Ohio Supreme Court and lesser courts.”


Should the state require you to show ID to vote?

October 5, 2010

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was recently quoted in a Wichita Eagle story about states requiring a photo ID be shown to vote. The story states: “Research has shown that racial or ethnic minorities, particularly African-Americans and Hispanics, are more likely to be asked for ID at the polls, said Dan Tokaji, an Ohio State University law professor who specializes in election law. He also said an ID is requested of men more than women. ‘There's always a concern that poll workers will exercise their authority in a way that's unfair or discriminatory,’ he said.”


Surge in early voting upends election playbooks

October 5, 2010

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was recently quoted in a Los Angeles Times story regarding early voting and how it is changing the way politicians campaign. The story states: “Tokaji said one argument against early voting had been that such developments could affect voters' decisions. But he dismissed that likelihood. ‘I think most of the people who are voting early — the vast majority, in fact — have already made up their minds," he said. "In those instances where there is late-breaking news, it doesn't necessarily make for better decision making.’”


Controversial Church Protests At Ohio State On Way To Supreme Court

October 4, 2010

Featured Expert: David A. Goldberger

Professor David Goldberger was recently quoted in a WBNS-10TV story about the Westboro Baptist Church protesting on Ohio State’s campus. The story states: “Retired Ohio State law professor David Goldberger said the question before the court is where free speech conflicts with a right to privacy. ‘If they had held their protest in a public park, and not in relation to a funeral, and did not direct it at the family in particular, then this case would not be in the U.S. Supreme Court,’ Goldberger said. ‘We ought to be careful, if Phelps loses, about celebrating, because of its potential to be a basis to restrict speech later on down the road.’”


Different & The Same: What drag queens and Westboro Baptists have in common

October 3, 2010

Featured Expert: David A. Goldberger

Professor David Goldberger was recently quoted in a Tribune Star story about the First Amendment and the sanctity of the Constitution. The story states: “Goldberger, now a professor at Ohio State University, was the lead national attorney. He bore the brunt of impassioned backlash from his fellow Jews and ACLU members who felt the First Amendment line had to be drawn at uniform-wearing, swatiska-bearing, neo Nazis in Skokie. Goldberger’s client was a disturbed, self-promoting man named Frank Collin, who milked each legal obstacle and ruling for every ounce of publicity.”


Judges follow no-letters guideline

October 3, 2010

Featured Expert: Ric Simmons

Professor Ric Simmons was recently quoted in a Columbus Dispatch story about letters being sent to a judge and the rules that forbid contact before sentencing. The story states: “Letters sent directly to a judge endanger the system, said Ric Simmons, a professor at Ohio State University's Moritz College of Law.”


Free Speech: Westboro Church Supreme Court Case Tests First Amendment

October 2, 2010

Featured Expert: David A. Goldberger

Professor David Goldberger was recently quoted in a Flathead Beacon story about the First Amendment and freedom of speech. The story states: “‘That is the greatness of freedom of speech,’ says Goldberger, the law professor and former lawyer to a Nazi who wanted to march through Skokie. ‘It is the power of reason to persuade.’”


Space wants national referendum on free trade

September 30, 2010

Featured Expert: Daniel C.K. Chow

Professor Daniel Chow was recently quoted in a Mansfield News Journal story about U.S. Rep. Zack Space submitting legislation regarding free trade. He is hoping for a national referendum before any new trade deal passes. The story states: “Daniel Chow, a law professor at The Ohio State University, laughed when he heard Space's proposal. ‘I've never heard of such a thing,’ he said. ‘That's something that's never been done.’”


Space wants national referendum on free trade

September 30, 2010

Featured Expert: Peter M. Shane

Professor Peter was recently quoted in a Mansfield News Journal story about U.S. Rep. Zack Space submitting legislation regarding free trade. He is hoping for a national referendum before any new trade deal passes. The story states: “As Peter Shane, another OSU law professor, noted, ‘The Constitution prescribes a specific process for legislation. The Supreme Court has been quite clear, nothing counts as binding law unless it goes through that process.’”


Sooner or later, marijuana will be legal

September 28, 2010

Featured Expert: Michelle Alexander

Professor Michelle Alexander was recently mentioned in a CNN column about the legalization of marijuana. The story states: “The racial disparities are appalling. As Michelle Alexander so eloquently shows in her new book, ‘The New Jim Crow,’ a drug conviction automatically makes a person a second-class citizen who can be legally discriminated against in housing and employment, denied school loans, and barred for life from serving on juries, accessing public benefits and even voting. While African Americans make up only about 13 percent of the U.S. population and about 15 percent of drug users, they make up about 38 percent of those arrested for drug law violations and a mind-boggling 59 percent of those convicted for drug law violations.”


Early-voting stretch begins Tuesday

September 27, 2010

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Columbus Dispatch story regarding early voting in Ohio. The story states: “The jury is still out about whether increasing absentee voting affects overall voter turnout, and there is some evidence to suggest that it merely shifts votes that would have been cast on Election Day or produces only a modest increase in turnout, said Dan Tokaji, an Ohio State University law professor and associate director of OSU's election-law center.”


As Laws Shift, Voters Cast Ballots Weeks Before the Polls Close

September 27, 2010

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was recently quoted in a New York Times story about the rise in early voting and how it will influence how political campaigns are conducted. The story states: “‘It’s not going to represent a seismic shift in the number of people voting,’ said Dan Tokaji, an Ohio State University law professor who studies early voting and election law. ‘The convenience of voting is a factor, but it’s not the major reason that people don’t show up to vote.’”


In Missouri, judges now calculate cost of punishment

September 18, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Seattle Times story regarding a Missouri practice of judges determining what a particular criminal punishment will cost the state of Missouri. The story states: “Douglas Berman, a law professor at The Ohio State University, said: ‘One of the flaws in the operation of our criminal-justice system is not only the failure to be attentive to cost but an arrogance that somehow you can never put a price on justice. Long missing has been a sober realization that even if we get significant benefits from incarceration, that comes at a significant cost.’”


City files charges against Cincinnati Public Schools

September 17, 2010

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in a Cincinnati Business Courier story regarding the city of Columbus filing charges against the Cincinnati Public School system. The story states: “Indeed it might be the first time any Ohio municipality has taken such action, said Ric Simmons, an Ohio State University professor who teaches criminal law at the Moritz College of Law. ‘It’s a very dramatic thing to do,’ Simmons said, ‘and not something you’d want to do unless all other options have failed.’”


Shackles taken off corporate political donations in Ohio

September 16, 2010

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Columbus Dispatch story about changes in campaign finances laws. The story states: “Ned Foley, former state solicitor and current director of the election law center at Ohio State University's law school, also was skeptical. ‘Whether that is a 'game-changer' depends on whether Citizens United is itself a 'game-changer,’’ he said. ‘It is certainly possible that it is, at least in the specific sense that it now permits corporations and labor unions to do what they couldn't do before. On the other hand, whether as a practical matter it radically affects the dynamics of the campaign itself, that's more open to question.’”


The real loser in the Tea Party wins is election reform

September 16, 2010

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Slate magazine story about election reform. The story states: “The New York meltdown led Ohio State University law professor Ned Foley to ponder, nearly 10 years after the Florida meltdown and Bush v. Gore, whether it is possible for election administrators to be both nonpartisan and competent.”


Early bird gets the vote?

September 16, 2010

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an Associated Press story about early voting. The story states: “Dan Tokaji, an early-voting expert and professor at Ohio State University's Moritz College of Law, said evidence is mixed on whether early voting increases turnout. ‘It's not likely to result in a seismic shift in turnout, but it can make a difference in close races,’ he said. ‘There may be some voters teetering on the edge in terms of whether they'll come out to vote.’”


Sharon Davies: On the Rise

September 14, 2010

Featured Expert: Sharon L. Davies

Professor Sharon Davies was featured in a Columbia Law School Magazine article about her book, Rising Road: A True Tale of Love, Race, and Religion in America. The book is about the true story of an 18-year-old white girl whose father was a Methodist minister in Birmingham, Ala. She secretly converted to Catholicism and married a 42-year-old Puerto Rican man. Outraged at the interracial marriage her father and fatally shot the priest who had conducted the wedding ceremony. Davies said: “The story was so powerful that I thought it had the potential to educate a broader audience about [a part of history] we have largely forgotten.”


Can the Quran Burning Be Stopped Before It Starts?

September 9, 2010

Featured Expert: David A. Goldberger

Professor David Goldberg was quoted in an AOL story about the recent news of a Florida pastor who has plans to mark the ninth anniversary of the Sept. 11 attacks by setting fire to copies of the Muslim holy book, the Quran. Goldberg was quoted regarding possible grounds for the government stepping in to stop the pastor: “But David Goldberger, a law professor at Ohio State University, says the potential for violence might be grounds to block the event -- although he concedes it's not likely a court would accept that argument.”


Is it illegal to buy a vote in D.C.?

September 9, 2010

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a newstory on TBD.com about bribery in the public sector regarding mayoral races in Washington, D.C. Tokaji talked about the level of clarity in current District laws about bibery: “Still, he thought the use of the word ‘bribery’ was important in the law, and noted that it wasn't defined. Its use, he said, implied to him that if it someone was given a financial benefit in exchange for voting for a particular candidate, it would be illegal. Simply paying someone to vote, without requiring that they cast their ballot for one candidate, wouldn't fall under the law.”


Shelby County voting rights case to go before D.C. judge

September 9, 2010

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an Alabama Live! article about an Alabama county’s challenge to the Voting Rights Act as an outdated burden, which is on its way to federal court and could possibly go before the U.S. Supreme Court. Tokaji talked about the inevitability of the Supreme Court hearing a case about Section 5: “A separate challenge to Section 5 is also pending in a North Carolina case, and the two lawsuits are being watched closely by election law experts. ‘I can say with confidence that one of these cases, or maybe some other case, will come before the Supreme Court, and they will have to confront the constitutionality of Section 5,’ said Daniel Tokaji, a professor at the Moritz College of Law at The Ohio State University.”


Law School Report

September 6, 2010

Featured Expert: Douglas A. Berman

Professor Doug Berman was featured in an article in the National Law Journal about professors who have made the most of social media. Berman was commended on his use of blogging techniques: “For anyone who thought law blogging was just a hobby for professors with too much time on their hands, Douglas Berman dispelled that notion in the medium's infancy. In 2005, the U.S. Supreme Court cited Berman's blog in U.S. v. Booker, an important precedent governing criminal defendants' constitutional rights during sentencing.”


Man Takes Razor to Throat Instead of Sentence From Judge

September 1, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in an article on Above The Law that discussed a Texas man who slit his throat in a courtroom after receiving a 40-year sentence for assault. The event is timely considering the amount of attention afforded to a Massachusetts prisoner, Philip Markoff, who committed suicide while awaiting trial. Berman’s blog, “Sentencing Law and Policy,” was quoted regarding Markoff’s suicide: “After Markoff offed himself, Professor Douglas Berman wrote on his blog, Sentencing Law and Policy, that from a utilitarian perspective we should be happy about Markoff’s suicide.”


Term Limits

August 30, 2010

Featured Expert: Christopher M. Fairman

Professor Chris Fairman was quoted in a Wall Street Journal article about the use of derogatory terms such as “retard.” Fairman was quoted regarding campaigns and efforts to stop the use of such words: “Some are not so enthusiastic about the campaign. Professor Christopher M. Fairman of the Ohio State University Moritz College of Law said he worries that campaigns to remove the r-word endanger freedom of expression. Government censorship could result from the campaigns, he said, citing a recent proposed broadcast ban in New Zealand as an example. ‘We don't have control over our language the way some advocacy groups think we do," Fairman said. "There will always be words that have resilience.’”


5,800 dead in Ohio still on voter rolls

August 29, 2010

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Columbus Dispatch article about voting registration after a study shows that over 5,000 deceased people who are still registered to vote. Tokaji talked about possible resolutions to the problem: "Dan Tokaji, an Ohio State University law professor and associate director of OSU's election-law center, said the state needs to be careful not to cancel a voter's registration by mistake. 'Database management is never going to be perfect,' he said. 'It is far more harmful to delete a voter who's really eligible than to leave someone on who may or may not be deceased.'"


The F-Word: Four words that changed the world

August 27, 2010

Featured Expert: Christopher M. Fairman

Professor Chris Fairman was recently interviewed on Connect with Mark Kelley, a news show on the Canadian Broadcast Corporation News channel. A recent pop song in Canada, containing explicit language in the chorus, has caused a controversy among the public there. Fairman talked about why that word in particular remains taboo while other swear words have become more accepted in public: “It truly is the king of the swear words. The reason the F-word is so taboo is because it embodies all of our subconscious feelings about sex and all of the negative consequences that can come from that. And so we have this visceral reaction to the word instead of being able to accept it as just a word that has four letters.”


Mixing business, politics often causes ‘backlash’

August 22, 2010

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Dayton Daily News article about the uncertainties of mixing business and political affiliation. Tokaji talked about the possible backlash for corporation who decide to make political connections: "The backlash against Target and Best Buy may deter corporations from spending money in support of candidates, said Ohio State University law professor Daniel Tokaji. But another possible scenario is that initial hesitance will give way to corporate spending on elections if they want to be heard afterwards. 'One of the things these candidates are going to be looking for once they’re in office is ‘Did you support me?’ It’s hard to know for sure how it will play out. I tend to think that the latter scenario is more likely.”


The era of bilingual voting will dawn soon in Northeast Ohio

August 22, 2010

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Cleveland Plain Dealer article about voting in Northeast Ohio. The U.S. Justice Department's demand that Cuyahoga County provide more assistance to Puerto Rican voters could bring about a new era of bilingual and maybe multi-lingual voting in Northeast Ohio. Tokaji talked about the likeliness of that happening: "'It's certainly likely that Cuyahoga County will have to go to bilingual balloting after the next census comes in,' said Daniel Tokaji, an expert on election law at Ohio State University."


Same Crime Rates, More Punishment

August 20, 2010

Featured Expert: Michelle Alexander

Professor Michelle Alexander was featured in a Vineyard Gazette article about the disproportionate incarceration rate of African Americans in the United States. Alexander talked about a phenomenon that she refers to as the new Jim Crow laws: "She told the audience she had come to see the American criminal justice system as 'the primary vehicle today for the creation and maintenance of racial hierarchy in the United States. The mass incarceration of poor people of color has operated to create a caste-like system in which millions of people are locked into a permanent second class status for life, highly reminiscent of what we supposedly left behind.'"


Justice Denied in Philip Markoff case?

August 19, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was featured in a Legal Talk Network broadcast about Philip Markoff's suicide. The broadcast discussed the legal circustances that should be considered when evaluating his prison suicide. Markoff was charged of murder. Berman said that if Markoff was guilty this could be seen as a positive event, whereas he would not look on it fondly if Markoff was innocent. He said it's a very good case to explore the rights of inmates.


Timid surge, rampant corruption make U.S. troops sitting ducks

August 19, 2010

Featured Expert: John B. Quigley

Professor John Quigley wrote an opinion editorial that was published in the Lexington Herald-Leader and many other newspapers across the country. Quigley wrote in the current condition of the war in Iraq and the state of the policies set by the Obama administration: "Our efforts to stop corruption in aid projects are backfiring. When we sidestep local officials thought to be skimming, we turn them and other local power brokers against us. There does not seem to be a way of ensuring that project funds are used properly without damaging our own interests in the process."


What to Make of the Philip Markoff Suicide?

August 16, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Wall Street Journal blog article about a prisoner charged with murder, who committed suicide while incarcerated. The article referred to Berman’s blog post about the event in which he discussed whether the event should be looked on with pleasure or frustration: “Berman’s take is a bit more equivocal. He writes: ‘Of course, if Philip Markoff truly was innocent of murder, his suicide compounds the tragedy of a wrongful accusation (and further heightens the risk that the real killer will never be sought or found). But assuming he was guilty, my first reaction here is to be pleased. By killing himself, Markoff saved a lot of time, money and energy for those who would be tasked with prosecuting and defending him. And the family of his victim would, I hope, get some measure of closure from Markoff’s death.’”


In the Line of Ire

August 13, 2010

Featured Expert: Peter M. Shane

Professor Peter Shane was mentioned in a Slate Magazine article that debated the legality of a boardwalk game in New Jersey that features a depiction of President Barack Obama. While playing the game, boardwalk patrons can hurl baseballs at the head of the president. The article states that under the First Amendment, persons have the right to express themselves as such, as long as there is no real threat or intent to harm the person represented in the depiction. The article also mentions that this type of protest has been documented since the 1700s.


Prop 8 appeal creates legal thicket

August 12, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a Bay Area Reporter article about the legal standing of an appeal to Chief U.S. District Court Judge Vaughn Walker's ruling striking down Proposition 8, California’s ban on same-sex marriage that was passed by voters in November 2008. Now only the state's governor or attorney general can appeal Walker's decision. Spindelman was quoted on the likelihood of the issue being brought all the way to the U.S. Supreme Court: “Marc Spindelman, a professor of law at Ohio State University, agreed that it is more likely for the case to land before the Supreme Court if the appeals court rules on behalf of same-sex couples. ‘A decision by the 9th Circuit to declare a right to same-sex marriage is more likely to get reviewed by the Supreme Court than a decision that leaves same-sex couples in California only with domestic partnerships,’ said Spindelman. ‘The folks people who think of as liberals on the court are not itching for an opportunity ... they have given no evidence they are spoiling for a fight or spoiling for an occasion to declare a right for same-sex marriage.’”


Making a Supreme Court Case for Gay Marriage

August 9, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a Time Magazine article about gay marriage in California, after a federal judge in San Francisco struck down the state’s ban on same-sex marriage, concluding that it tramples on the equal rights of gay and lesbian couples and that they are entitled to be married throughout the state. The ban, known as Prop. 8 was passed by voters in November 2008. Spindelman was quoted on the factors that would come up during a trial in the case: “Professor Marc Spindelman of the Ohio State University law school extols Walker's decision as a two-pronged ‘constitutional knockout,’ but nevertheless tells TIME that a victory at the trial level hardly determines its ultimate outcome. ‘On appeal, not all facts are equal,’ he says. ‘Fundamentally, [the ruling] turns on questions of law. What does the Constitution mean? What is the right to marry? How broad or narrow is it? The facts produced at trial — and the facts that were not produced at trial — can help answer these and other legal questions. But they don't decide which legal questions will finally govern the disposition of the case.’”


Judge Voids California Ban on Gay Marriage

August 5, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a Wall Street Journal article about gay marriage in California, after a federal judge in San Francisco struck down the state’s ban on same-sex marriage, concluding that it tramples on the equal rights of gay and lesbian couples and that they are entitled to be married throughout the state. The ban, known as Prop. 8 was passed by voters in November 2008. Spindelman was quoted regarding the outcome of an appeal to the judge’s ruling: “‘I don't think it's a shoo-in’ for an appeal of the case to win at the Supreme Court, said Marc Spindelman, a law professor at Ohio State University who has been following the case. Still, after Judge Walker's ruling, ‘clearly the burden of justification as a matter of practical reality is on the supporters of Prop. 8.’”


Delaware City agrees to new vote

August 5, 2010

Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in The News Journal about the Delaware city officials’ decision to issue a new vote for a disputed seat on city council after acknowledging concerns that election rules disenfranchised voters. Huefner was quoted regarding the revote: “‘Courts are understandably reluctant to call for a new election,’ said Steven Huefner, senior fellow of election law at Ohio State University. ‘Here we have a tie where the public's voice wasn't able to be heard. When you have a tie vote it doesn't take very many voters to convince a judge you need a new election.’”


At Issue with Gene Purcell in for Ben Merens

August 5, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindelman was a guest on Wisconsin Public Radio’s “At Issue” show discussing the recent federal judge ruling in California to overturn a ban on gay marriage that was approved by voters in November 2009. The judge concluded that a ban on gay marriage denied the equal rights of gays and lesbians in the state. Spindelman spoke on the finality of the ruling: “It’s not over. It’s an important decision. It’s the first time that a federal court has said that the fundamental right to marriage includes the right to same-sex marriage…but it’s absolutely not the last word in the case.” (Download required.)


Absentee voting is growing

August 4, 2010

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Columbus Dispatch article about the percentage growth of absentee voting in Ohio. Tokaji was quoted about the drawbacks of increasing absentee ballots: “‘I think there are some real concerns about absentee voting,’ said Dan Tokaji, an Ohio State University law professor and associate director of OSU's election-law center. He supports people voting in person, even if it's early by absentee ballot.”


Federal judge strikes down California's ban on same-sex marriage

August 4, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a San Jose Mercury News about gay marriage in California, after a federal judge in San Francisco struck down the state’s ban on same-sex marriage, concluding that it tramples on the equal rights of gay and lesbian couples and that they are entitled to be married throughout the state. The ban, known as Prop. 8 was passed by voters in November 2008. Spindelman was quoted regarding whether this ruling will take a permanent stand: “‘The decision grounds its legal conclusions in the factual findings as powerfully as it can,’ said Marc Spindelman, an Ohio State University law professor who has followed the issue closely. ‘But there's no guarantee that, even decided this way, it will hold against the winds sure to blow as the case is taken up. Far from it.’”


Ban on gay marriage overturned in California

August 4, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindelman was a guest on Fox 29 in Philadelphia where he was asked to comment on the affects of a decision from a federal judge in San Francisco, which struck down California’s ban on same-sex marriage, concluding that it tramples on the equal rights of gay and lesbian couples and that they are entitled to be married throughout the state. The ban, known as Prop. 8 was passed by voters in November 2008. Spindelman said: “It’s the first time that a federal judge has announced that the federal constitution protects a constitutional right to marriage that includes the right of individuals to marry, not only somebody of the opposite sex, but also same sex couples.”


Author to read from book on racially-charged court case

August 4, 2010

Featured Expert: Sharon L. Davies

Professor Sharon Davies was featured in a Call & Post article promoting her upcoming discussion at the Thurber House Summer Picnic downtown discussing her book “Rising Road: A True Tale of Love, Race, and Religion in America.” The book is about one of the most notorious criminal cases of the early 20th century. On Aug. 11, 1921, in Birmingham, Ala., a Methodist minister named Edwin Stephenson shot and killed a Catholic priest, James Coyle, in broad daylight because Coyle married Stephenson’s Methodist daughter to a Catholic immigrant. Davies’ discussion will be on the anniversary of Coyle’s death, August 11.


Voting Behind Bars

July 29, 2010

Featured Expert: Michelle Alexander

Professor Michelle Alexander was quoted in a New York Times opinion article about a pending supreme court decision on whether laws that take away an imprisoned person’s right to vote could be challenged on the basis that they are racially discriminatory and violate the Voting Rights Act. Alexander was quoted from her recent book on the racial caste system within the judicial system: “Some scholars of race and criminal justice have warned that the mass incarceration of African-Americans is ‘The New Jim Crow,’ the title of a new book by Michelle Alexander, a professor at Ohio State University’s Moritz College of Law. ‘We have allowed ourselves to be willfully blind to the emergence of a new caste system,’ Professor Alexander writes, ‘a system of social excommunication that has denied millions of African Americans basic human dignity.’”


First phase completed in Law Firm Scholarship Drive

July 22, 2010

Featured Expert: Alan C. Michaels

Dean Alan Michaels was quoted in a Daily Reporter article about a scholarship drive that was undertaken as part of the Moritz College of Law’s Leadership Scholarship Initiative. The drive raised more than $600,000 from law firms throughout the city. “‘The firms' generosity reflects their confidence in this great law school and our shared role in the Columbus community. Their commitment will make a real difference in bringing the next generation of outstanding lawyers and leaders to Ohio,’ Michaels said, adding that many of these firms have assisted the law school in several other endeavors in the past.” (Subscription required.)


Justice Department Calls for Probe of Federal Sentencing Patterns

July 19, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in an article on Law.com about the call for a probe into the sentencing done by federal judges in the last four years. The Department of Justice wants the U.S. Sentencing Commission to investigate, with special attention to guidelines for fraud and child pornography crimes. Berman was quoted regarding the validity of the call for an investigation: “The department, in its report, essentially said the disparity problem is apparent enough that the commission has an obligation to look into it, said Douglas Berman of Ohio State University Michael E. Moritz College of Law. ‘I think they recognize that, with a fairly lenient-leaning commission, they sometimes won't love the outcome, but they see the benefit of having rules everybody respects.’”


Innocent Or Not, You're Paying For Red Light Tickets

July 19, 2010

Featured Expert: Joshua Dressler

Professor Joshua Dressler was quoted in a 10TV story about the red light traffic cameras in Columbus. The story talks about how those charged with a ticket from the cameras have to pay their fines in advance of a hearing to determine whether or not they are actually guilty. Dressler was quoted regarding this policy: “‘I think the City of Columbus should be ashamed of itself,’ said Joshua Dressler, a nationally renowned law professor, who has authored volumes of articles and textbooks on criminal law. According to Dressler, the system violates a fundamental concept of American justice.”


Hiding party affiliations of judicial candidates is plain silly

July 18, 2010

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in a Columbus Dispatch article about the partisan affiliation of candidates. The article expresses opinion that hiding that affiliation is pointless and leads to confusion. Simmons was quoted regarding the behavior of the judges: “‘On the appellate level, Democrat and Republican judges behave as you might expect them to behave,’ said Ric Simmons, associate professor at Ohio State University’s Moritz College of Law. Said another way — and this is my interpretation — they are as much politicians as they are judges.”


"Putting the 'F' in First Amendment"

July 15, 2010

Featured Expert: Christopher M. Fairman

Professor Christopher Fairman was featured in an article by The Other Paper about word taboo. The article was promoting Fairman’s appearance at an ACLU of Ohio forum on the Federal Communication Committee’s indecency policy. Fairman will be discussing general policy and the principles in a book he authored about the future of the F-word: “Fairman is concerned not only with state-regulated speech, but with moralists who push for self-censorship and government enforcement of their own linguistic taboos.”


FFC Regulations

July 15, 2010

Featured Expert: Christopher M. Fairman

Professor Christopher Fairman was a guest on WOSU’s All Sides with Ann Fisher July 14. Prof. Fairman discussed this week’s federal appeals court ruling that struck down Federal Communications Commission regulations on broadcasting “fleeting expletives.”


Sovereign health

July 13, 2010

Featured Expert: Paul Rose

Professor Paul Rose was quoted in a Global Financial Strategy article about the rapid growth in sovereign wealth funds and issues around transparency that have sparked fear over the safety of investing in the funds. Rose was quoted about the validity of that fear: “Ohio State University Moritz College of Law assistant Professor Paul Rose, who has testified in front of the US Senate on the matter of SWFs, says that they have a, perhaps unfounded, reputation for creating trouble. Rose says: ‘Before the financial crisis, I wouldn’t use the word fear to describe SWFs, but concern. People saw sovereign wealth funds investing and thought there might be a political motive, there was certainly a lot of suspicion.’”


NAACP must keep pushing for change, chief says

July 11, 2010

Professor John Powell was quoted in a St. Louis Post Dispatch article about the NAACP national convention. The article discussed the possible topics of the convention’s keynote address. Powell was quoted regarding the need for a rejuvenated organization: “An energized NAACP – together with leadership by black legislators – will probably be an effective way to get African-Americans across the country engaged in the country’s political future after an apparent lull after Obama’s election, said John Powell, director of the Kirwan Institute for the Study of Race and Ethnicity at Ohio State University.”


Judge: Federal Gay Marriage Ban Is Unconstitutional

July 9, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindleman was quoted in an NPR story about the constitutional right of gay men and women to marry. The article discusses a U.S. District Court ruling in Boston, in which a judge said that part of the Defense of Marriage Act is unconstitutional. Spindleman was quoted on the possible influence of the ruling: “But Ohio State University professor Marc Spindelman says the Massachusetts decision may prove to be broadly influential. ‘The court's decision doesn't box any other court in, but it's certainly likely to be persuasive authority and virtually certain to have a significant ripple effect,’ Spindelman says.”


Senate Candidate Pilgrim-Hunter Responds to Disability Questions

July 9, 2010

Featured Expert: Ruth Colker

Professor Ruth Colker was quoted in a Bronx New Network blog about Ms. Desiree Pilgrim-Hunter who is running for a seat in the State Senate. Pilgrim-Hunter is on disability from the federal government and some people believe that this should disqualify her from public service. Colker was quoted about disability discrimination in the workplace: “Ruth Colker, an Ohio St. law professor who is an expert in disability discrimination, agrees with Waterstone and says that one of biggest problems people like Pilgrim-Hunter face is that ‘discrimination in the workplace precludes them from finding work that they could perform.’”


Shareholders Weigh Options From BP Spill

July 8, 2010

Professor Steven Davidoff was quoted in a Fox News story about the BP oil spill. The article discussed various lawsuits that are going against BP in the ongoing disaster. Davidoff was quoted regarding a probable settlement in any class action lawsuit: “Steven Davidoff, a professor at the Ohio State University law school, says history shows that once a class action is granted and large numbers of plaintiffs join in, companies try to settle to avoid the possibility of unmanageable damage awards. Davidoff said the potential settlement value for BP shareholders likely will be less than in cases where a company has ‘a record of malfeasance at high management.’"


Death By Drone: CIA's Hitlist is Murder

July 4, 2010

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in an article by the Inter Press Service that discussed the CIA’s protocol for anyone who attacks or endangers U.S. troops. The article discusses the moral issues that arise if a mistake is made and an innocent person is killed. Shane was quoted on the legality of their actions: ‘Prof. Peter Shane of Ohio State University law school agrees. He tells IPS, ‘So long as the executive branch engages in reasonable processes to distinguish persons who are combatants from those who are not, I do not think that the use of force against them is ...unconstitutional. Whether any specific targeted killing is or is not a good idea, of course, is a completely different question,’ he says.“


Verdict on 9 justices: They were assertive

July 4, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Washington Post article about the recent U.S. Supreme Court rulings. The article discussed the new trends that the court might follow because of the new dynamic of justices. Berman was quoted about Justice Scalia: “Douglas Berman, who follows sentencing and criminal procedure as a law professor at Ohio State University, has called Scalia ‘the federal criminal defendant's best friend.’”


Gun Activists To Challenge Local Gun Laws

July 1, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in an NPR news story about the recent U.S. Supreme Court rulings that made the right to bear arms applicable on the local and state level. The article says that gun activists are expected to file many lawsuits in an attempt to appeal gun regulatory laws. Berman was quoted about the likelihood of this result: “Ohio State University law professor Douglas Berman says efforts to repeal gun regulations will rise, and there are hundreds of laws on the books. ‘There's many that are nuanced in ways that don't completely prohibit gun rights or gun ownership, but that limit or seek to restrict,’ he says.


Gun law challenges likely after high court ruling

June 30, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in an Associated Press article about the U.S. Supreme Court’s ruling Monday that made the second amendment and the right to bear arms applicable on the local and state level. Berman was quoted about where this ruling will be difficult to delineate: “Douglas Berman, an Ohio State University law professor, said courts might decide that in places with tough registration laws, restrictions on where guns can be carried may be less important — and vice versa. But Berman said he expects some of the hardest questions will deal with people making a case to be armed for self-defense. ‘Can a state say no guns on college campuses? That's someone's home,’ Berman said.”


Roberts led Supreme Court through assertive term

June 30, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Washington Post article about the various rulings from the U.S. Supreme Court this term. The article discusses the dynamic of the court after welcoming new justice Sonia Sotomayor. Berman was quoted about the reputation of Justice Antonin Scalia with regards to criminal procedure: “But criminal procedure cases at the court always break along the usual divide. Justice Antonin Scalia's constitutional views, for instance, often trend in favor of defendants. Douglas Berman, who follows sentencing and criminal procedure as a law professor at Ohio State University, has called Scalia ‘the federal criminal defendant's best friend.’”


ACLU: Jim Crow laws still exist in legal application and includes racial profiling

June 30, 2010

Featured Expert: Michelle Alexander

Professor Michelle Alexander was featured in an La Prensa story about her new book, The New Jim Crow, which focuses on what she calls a new caste system in law enforcement that discriminates against African Americans.


Federal Prosecutors Get OK to Appeal Former Senator's Fraud Sentence

June 29, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was referenced in an article on Law.com about the sentencing of former Pennsylvania state Sen. Vincent Fumo. Prosecutors sought the right to appeal after they felt that a 55-month prison sentence was too lenient in Fumo’s fraud conviction. Berman commented on the implication of this case on future political corruption sentences: “Ohio State University law professor Douglas Berman, an expert on sentencing issues, said last year that Fumo's case is loaded with complicated issues. Berman, who writes the blog Sentencing Law and Policy, told The Legal Intelligencer in August 2009 that strategically the government may decide to pursue the appeal because it is unhappy with specific aspects of Buckwalter's guidelines calculations and may be intent on getting those rulings overturned so that other judges in future political corruption cases don't follow them.”


Court backs law school in anti-bias case

June 29, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a Columbus Dispatch article regarding the U.S. Supreme Court ruling Monday morning that public colleges and universities can require that religious groups seeking recognition or funds as a campus group adhere to anti-bias rules. The case dealt with the University of California Hastings College of Law, but Spindleman noted the possible effect on other public law schools: “The Supreme Court decision makes it clear that public colleges can - but don't have to - allow exemptions to their nondiscrimination policies, said Marc Spindelman, a constitutional-law professor at Ohio State. ‘If yesterday it looked like there might be clouds of doubt, now those clouds have rolled away.’”


Anti-Bias rules upheld in Supreme Court - University of California Law School barred religious group

June 29, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in an article on Examiner.com about the recent U.S. Supreme Court ruling public universities have the right to require that campus organizations follow anti-bias rules if they are seeking recognition or funding. The ruling came after a California chapter of the Christian Legal Society wanted to ban gays and lesbians from membership despite their universities anti-bias rules. Spindleman was quoted regarding the effect this will have on other public universities: “Today's Supreme Court ruling ‘charts a course for other public law schools to follow in defending their own non-discriminatory policies,’ said Marc Spindelman, a constitutional law professor at Ohio State University.”


U.S. Supreme Court strikes down Chicago ban in key gun-rights case

June 28, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was referenced in a Mercury News story about the U.S. Supreme Court ruling in McDonalds v. Chicago Monday morning. The court ruled that the constitutional right to bear arms affects local and state efforts to regulate guns. Berman gave his opinion on the fallout of this ruling: “Douglas Berman, an Ohio State University law professor following the case closely, predicted this morning that one of the byproducts of the ruling would be challenges in state courts by defendants facing various gun-related charges. And given the split in the Supreme Court, Berman said the courts are likely to be equally divided when they address those legal challenges.”


Anti-Bias Rules Upheld

June 28, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in an Inside Higher Ed story regarding the U.S. Supreme Court ruling Monday morning that public colleges and universities can require that religious groups seeking recognition or funds as a campus group adhere to anti-bias rules. The case dealt with the University of California Hastings College of Law, but Spindleman noted the possible effect on other public law schools: “Marc Spindelman, a constitution law professor at Ohio State University, said that the Supreme Court's decision ‘charts a course for other public law schools to follow in defending their own non-discrimination policies.’ He said that the opinion ‘may embolden public law schools that granted Christian Legal Society groups a unique right to discriminate to reconsider those decisions. The Court minced no words when it said the Christian Legal Society was asking for ‘a preferential exception.'”


Supreme Court strikes another blow to local gun bans

June 28, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a USA Today story about the U.S. Supreme Court ruling Monday morning that made the constitutional right to bear arms affective on the local and state level. Berman was quoted on the possible ramifications of this ruling: “Ohio State law professor Douglas Berman predicted immediately after the ruling, ‘Now that the Supreme Court has clarified that the Second Amendment applies to the states, there are likely a significant number of state criminal defendants who will now start urging state courts to decide that the Second Amendment should block some state prosecutions based on gun possession and use.’”


Supreme Court Nominee Elena Kagan

June 28, 2010

Featured Expert: Alan C. Michaels

Dean Alan Michaels, Professor Deborah Jones Merritt and Professor Edward Foley were guests on WOSU’s talk show All Sides with Ann Fisher on Monday. The three were there to discuss the confirmation hearings in the Senate Judiciary Committee on the nomination of Elena Kagan to the U.S. Supreme Court.


Fraud ruling? Experts say minimal impact on Blago

June 27, 2010

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an Associated Press story about the fallout from the U.S. Supreme Court’s ruling last week concerning the case of former Enron executive Jeffrey Skilling. The court ruled that criminal convictions are only valid in honest services fraud cases if bribes or kickbacks are involved, and not merely conflicts of interest. Tokaji was quoted regarding the length at which this ruling will affect other convictions: The supreme courts case “can probably proceed, but the decision narrows and clarifies what they are going to have to prove to get a conviction,’ law professor Daniel P. Tokaji of the Ohio State University said after studying the decision handed down Thursday.”


A new legal caste system? Read the book

June 26, 2010

Featured Expert: Michelle Alexander

Professor Michelle Alexander was featured in a Miami Herald article about her new book, The New Jim Crow, that portrays racial profiling in the criminal system.


Michelle Alexander: Mass Incarceration Is The New Jim Crow

June 24, 2010

Featured Expert: Michelle Alexander

Professor Michelle Alexander was featured in an NPR article about her new book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness, that discusses what she calls a “new racial caste system in America.”


R-71 case: What's next?

June 24, 2010

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Seattle Post-Intelligencer story about Referendum 71, an attempt to overturn a new, expanded gay rights law. The referendum prompted “Doe V. Reed,” which led to the U.S. Supreme Court ruling that people who sign petitions for referendums and initiative can have their names released to the public. Tokaji was quoted from a statement that he made regarding the case: “Daniel P. Tokaji, an expert in election law at The Ohio State University Moritz College of Law, said in a statement the State of Washington ‘has won this battle, but not yet the war....opponents of Washington's domestic partnership law can still make the narrower argument that, in this particular case, disclosing the petitions would violate the constitutional rights of those who signed them.’”


Skilling Gets Boost as Supreme Court Limits Fraud Law

June 24, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in Bloomberg Businessweek story that addresses the U.S. Supreme Court ruling in two corporate fraud convictions: Jeffrey Skilling, who was convicted for leading the Enron Corp. accounting fraud and former Hollinger International Inc. Chairman Conrad Black. The justices were unanimous in saying the honest-services law couldn’t be applied to Skilling and Black. Berman was quoted as saying: “The ruling ‘has nuance’ and should leave federal prosecutors ‘breathing a sigh of relief,’ said Douglas Berman, a professor at Ohio State University’s Moritz College of Law. Even so, he said, the ruling may apply retroactively and will let people with enough money to challenge their convictions.”


Justices Limit Fraud Law

June 24, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Wall Street Journal story that addresses the U.S. Supreme Court ruling in two corporate fraud convictions: Jeffrey Skilling, who was convicted for leading the Enron Corp. accounting fraud and former Hollinger International Inc. Chairman Conrad Black. The court ruled that the “honest services” claim against corporate officials must be more clearly delineated as to where the line is drawn between criminal and lawful behavior. Berman as quoted addressing the fate of past cases of corporate fraud: “Nonetheless, the high court's rulings call into question many convictions previously won under the honest-services law. ‘I do not think anyone walks immediately, but there will be lots of complicated lower-court litigation’ over whether convictions can stand, said criminal law specialist Douglas Berman, a law professor at the Ohio State University.”


Need to know

June 23, 2010

Featured Expert: Daniel C.K. Chow

Professor Daniel C.K. Chow was mentioned in a Bangkok Post story that discusses a bill introduced by Senator Joseph Lieberman, who oversees the Department of Homeland Security. The bill would make it possible for the president to shut off parts of the internet that are not vital to national safety in times of emergency. The article mentions the questionable validity of copyright violation statistics: “Ohio State University law professor Daniel Chow suggested the government should press the vendors to supply more data with their numbers, which would be easy to do if the numbers are correct.”


White-collar blues

June 21, 2010

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in Chicago Tribune story about the disparity between sentences involving white-collar crime throughout the country. The story refers to new guidelines issued by Attorney General Eric Holder Jr. last month that regulate charging and sentencing that address “unwarranted disparities.” The story states: “But the plea to his prosecutors for consistency goes only so far, notes Ohio State University law professor Douglas Berman: ‘He's being candid, but it's not likely to reduce the disparities.’ Jawboning isn't reform.”


Michelle Alexander, author of ‘The New Jim Crow,’ applauds the work of Gray-Haired Witnesses

June 19, 2010

Featured Expert: Michelle Alexander

Professor Michelle Alexander was quoted in a San Francisco Bay View story about her support of the Gray-Haired Witnesses for Justice group. The story states: “In referencing the focus of the Gray-Haired Witnesses on the case of the Scott Sisters, she had this to say: ‘The double life sentences imposed on the Scott sisters for an alleged robbery in Mississippi netting little more than $11 is a glaring example of a criminal justice system that is no longer much concerned with justice. No one was hurt or injured, and these women have no prior offenses.’”


Weak market leaves academics, new grads re-evaluating options

June 18, 2010

Featured Expert: Alan C. Michaels

Dean Alan Michaels was quoted in a Columbus Business First story about the downed legal job market. The story states: “The biggest roadblock for graduates is the decline in hiring at big firms, which has a trickle-down effect on the entire legal job market, said Alan Michaels, dean of Ohio State University’s Moritz College of Law. Grads are taking jobs at smaller law firms, in government agencies and at businesses as legal counsel.”


Supreme Court Rules 5-4 Two Members On NLRB Lacked Authority to Issue Rulings

June 18, 2010

Professor James Brudney was quoted in a Bureau of National Affairs story regarding a Supreme Court ruling regarding the National Labor Relations Board. The story states: “The impact of the Supreme Court's decision ‘is to jeopardize if not invalidate’ all the two-member decisions, said James Brudney, a professor at Ohio State University's Moritz College of Law. ‘That outcome runs counter to the [NLRA's] overarching purpose of promoting and maintaining stable labor-management relations,’ he said. Agreeing with the dissent, he observed that ‘the fact that a two-member Board is less than optimal from the standpoint of Congress or the NLRB itself does not mean the Court should rewrite the statute's meaning to foreclose this arrangement.’”


Court And Cop's Sexy Texts: Supreme Court Rules It's Okay To Search His Sexts

June 18, 2010

Featured Expert: Joshua Dressler

Professor Joshua Dressler was quoted in a Huffington Post story about a U.S. Supreme Court decision regarding privacy and how it relates to personal communications on government-owned devices. The story states: “Joshua Dressler, an Ohio State University law professor, said the court probably was wise to rule narrowly. ‘With modern technology quickly moving in directions the justices could not have imagined even a decade ago, it is increasingly obvious that the Supreme Court will need to determine the limits of government surveillance of our cell phone conversations, text messages, and other nonwire transmissions,’ Dressler said.”


Judge To Take Weeks To Rule On Gay Marriage

June 17, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindelman was featured on NPR’s Morning Edition about upcoming closing arguments in a federal trial regarding the state’s ban on same-sex marriage. The story states: "‘It looks from the questions that he's thinking through all of the possible consequences of the different avenues of decision even to the smallest detail,’ said Marc Spindelman, a law professor at Ohio State University.”


Supreme Court suggests personal messages on company, government devices are not protected

June 17, 2010

Featured Expert: Joshua Dressler

Professor Joshua Dressler was quoted in an Associated Press story about a Supreme Court decision regarding the privacy of personal messages sent on government-owned devices. The story states: “Joshua Dressler, an Ohio State University law professor, said the court probably was wise to rule narrowly. ‘With modern technology quickly moving in directions the justices could not have imagined even a decade ago, it is increasingly obvious that the Supreme Court will need to determine the limits of government surveillance of our cell phone conversations, text messages, and other non-wire transmissions,’ Dressler said.”


Experts: Losses Due to Piracy Are Exaggerated

June 17, 2010

Featured Expert: Daniel C.K. Chow

Professor Daniel C.K. Chow was mentioned in a Tomsguide.com story about exaggerated losses because of Chinese piracy. The story states: “Ohio State University law professor Daniel Chow added that the USITC should push for more concrete data from the industries--data that will actually back up their claims that millions have been lost due to piracy. He also said that Chinese officials are growing weary of raids, and that a different, more educational approach should be taken to reduce the amount of piracy taking place in China.”


Charges Reduced in Motivational Speaker Death

June 17, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in an NBC New York story about the murder charges of man who murdered a motivational speaker. Charges against the man were lessened to a second degree murder charge after his claims that the speaker had wanted to die were validated. Spindleman was quoted on the general policies that are upheld in these situations: “In general, courts have said ‘consent is no defense — that if you intended to do what you did ... the fact that there was some part of you that was motivated by compassion isn't enough,’ said Marc Spindelman, a professor at Ohio State University's Michael E. Moritz College of Law. He studies legal issues surrounding death and dying.”


Judges Give Thumbs Down to Crack, Pot, Porn Mandatory Minimums

June 16, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a National Law Journal story about a judges’ survey regarding sentencing issues. The latter result reflects the judges' ‘scar tissue,’ said sentencing scholar Douglas Berman of Ohio State University Michael E. Moritz College of Law. ‘It's understandable but I think unfortunate,’ he added. ‘I could easily imagine writing a question like: 'The commission should have more authority to report particular districts or judges who seem significant outliers relative to the national trend.' But it has already been cast as: 'Do we make a blacklist of bad judges or keep this as opaque as possible?' There's a lot of in-betweens.’”


California's Gay-Marriage Battle Heads for the Judge

June 16, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a TIME magazine story about a federal trial in California regarding the state’s ban on same-sex marriage. The story states: "‘If the court rules for the [anti–Prop 8] plaintiffs, the norms of constitutional decision making, backed by the certainty of appellate review, create pressure to issue a narrow ruling,’ Spindelman tells TIME. But, he adds, ‘existing legal precedents, backed by the witness of history, might be taken to recommend a broader, more sweeping result. What the judge's questions show is that there are a surprising number of pathways leading to the plaintiff's bottom line that California's marriage amendment violates that U.S. Constitution.’”


Backers of marriage amendment object to plan to expand state-worker benefits

June 16, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a Columbus Dispatch story about Ohio’s efforts to expand benefits for same-sex couples. The story states: “Spindelman said the benefits involved are limited and the proposed change is not an attempt to make same-sex relationships the full equivalent of marriage - which is what the Ohio Supreme Court said in a 2007 ruling was required to conflict with the amendment. ‘It's hard to see why the proposal should get hung up,’ he said, adding that it is ‘a small but not an insignificant step’ for the state.”


US Panel Looks at Intellectual Property Violations in China

June 15, 2010

Featured Expert: Daniel C.K. Chow

Professor Dan Chow was quoted in a PC World story about intellectual property violations in China. The story stemmed from a U.S. International Trade Commission hearing in which Chow testified. The story states: “Part of the problem, said Ohio State's Chow, is that copyright enforcement in China is uneven. Fines for counterfeiting are small, and the Chinese government often sells confiscated counterfeiting equipment back to infringers at auction, he said. Jail time is ‘not much of a deterrent because it tends to be very rare,’ he said.”


Israeli Flotilla Attack May Violate International, Maritime Laws

June 15, 2010

Featured Expert: John B. Quigley

Professor John Quigley was quoted in an Inter Press Service story about the legality of an Israeli attack on ships in international waters. The story states: “John Quigley, professor of international law at Ohio State University, told IPS boarding a flagged vessel on the high seas is impermissible without the consent of the flag state.”


Defendants could benefit from new federal sentencing guidelines

June 14, 2010

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in a Philadelphia Daily News story about defendants who may benefit from new federal sentencing rules. The story states: Douglas Berman, a law professor at Ohio State University who writes a blog, ‘Sentencing Law and Policy,’ said the proposed changes are symbolically important. He called them the ‘first set of changes’ to federal sentencing guidelines since a landmark U.S. Supreme Court decision in 2005 made sentencing guidelines advisory and not mandatory.”


U.S. Supreme Court to hear California prison overcrowding case

June 14, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a San Jose Mercury News story about the U.S. Supreme Court’s decision to hear a case regarding California’s overcrowded prison system. The story states: "‘It's hard to be sure what many of the justices will think,’ said Douglas Berman, an Ohio State University law professor. ‘My sense is the Supreme Court is in a very unenviable position. They have to take this up with all these crosscutting currents.’”


Proposition 8 trial reaches final stage

June 13, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a San Jose Mercury News story about the upcoming closing arguments in the federal case challenging California’s Proposition 8. The story states: "‘The judge has thought all the way through this,’ said Marc Spindelman, an Ohio State University law professor who reviewed the questions. ‘There are lots of avenues for decisions being opened up here.’”


Divorcing dad wants to take kids to Saudi Arabia

June 5, 2010

Featured Expert: Katherine Hunt Federle

Professor Katherine Federle was quoted in a Cincinnati Enquirer story about a child custody hearing that will determine if four children stay in Cincinnati with their mother or go to Saudi Arabia with their father. The story states: “The judge will have to take those factors into consideration when she makes her decision about the couple's two boys and two girls, said Katherine Federle, director of Ohio State University's Justice for Children Project. She said the case is, technically, no different than any other relocation case involving divorced parents, although this one is ‘writ large’ because it involves a potential move to Saudi Arabia. ‘This sounds like a relatively typical custody battle that involves relocation,’ she said. ‘It's just a long way away.’”


Misguided policies supporting a corrupt Karzai help al-qaida recruit terrorists to hit America

June 3, 2010

Featured Expert: John B. Quigley

Professor John Quigley wrote an Opinion Editorial that was published in several McClatchy Newspapers about Afghanistan and whether or not President Obama’s efforts are doomed for failure. The piece states: “Karzai's corruption is conceded to be endemic. Much of the money we pour into Afghanistan is lining the pockets of a fortunate few. The election he recently ‘won’ was a joke.”


No Ohio casino rules as deadline arrives

June 2, 2010

Featured Expert: David A. Goldberger

Professor David Goldberger was quoted in a Cincinnati Enquirer story about Ohio legislators deciding rules for operating the state’s new casinos. The story said: “‘Courts don't like to tell legislatures what to do because - what are you going to do? Put them in jail?’ said David Goldberger, a professor of constitutional law at Ohio State University.”


Indefinite Detention at Gitmo Criticised as 'Legal Nihilism'

June 2, 2010

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in an Inter Press Service story about the United States’ use of the Guantanamo Bay detention center. The story states: “‘Prof. Peter Shane of the Ohio State University law school told IPS, “‘There seems to be a fundamental philosophical difference between those who believe that the rule of law threatens our fight against terrorism and those who regard it as one of our most potent weapons.’”


Tell Me More

June 2, 2010

Featured Expert: Michelle Alexander

Professor Michelle Alexander was featured on the NPR show, “Tell Me More,” regarding her new book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness.


Defending oneself in court often backfires

June 1, 2010

Featured Expert: Joshua Dressler

Professor Joshua Dressler was quoted in a Columbus Dispatch story about a man representing himself in a federal fraud trial. The story states: “A 1975 U.S. Supreme Court ruling that upheld a defendant's right to self-representation ‘has been the bane of judges and prosecutors,’ said Joshua Dressler, a professor at Ohio State University's Moritz College of Law who specializes in criminal law. Self-representation ‘almost always results in an inefficient trial that will take much longer than required and often, even to an outside observer, looks like a train wreck,’ he said.”


1921 slaying of Catholic priest gets renewed interest

May 27, 2010

Featured Expert: Sharon L. Davies

Professor Sharon Davies was quoted in a story by the Religion News Service regarding a 1921 murder that she discussed in her recent book, Rising Road: A True Tale of Love, Race and Religion in America.The story states: “‘It’s a good thing to remember where he began,’ Davies said. ‘It gives us a greater appreciation for where he ended up. It reflected the movement of the nation.’”


GOP-linked punk rock ministry says executing gays is ‘moral’

May 25, 2010

Professor Donald B. Tobin was quoted in a Minnesota Independent story about a ministry linked to the Republican Party of Minnesota that has called the execution of gays “moral.” The story states: “Donald Tobin, a professor of election law at Ohio State University’s Moritz College of Law, said, ‘In light of how blatant some nonprofits have been, this seems like it’s the lesser of the blatant.’ He said the IRS looks at all the facts and circumstances to see if a nonprofit has intervened for or against a candidate for office.”


Ga. Murder Case Shines Spotlight on Nation's Indigent Defense Systems

May 24, 2010

Featured Expert: Joshua Dressler

Professor Joshua Dressler was mentioned in a National Law Journal story about problems within the country’s indigent defense systems. The story states: "‘I can imagine this Court taking the view that, with county and state budget crises, they don't want to jump in,’ Dressler said. ‘To me that would be shameful if it's the reason for not taking it on.’”


Our view: Break down barriers to voting

May 23, 2010

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Duluth News Tribune editorial about the mandatory use of photo ID at election polls. The piece states: “'You’d have to be a fool to go to the polls and pretend to be someone else,' Ohio State University law professor Daniel P. Tokaji added in an interview with the network. 'If you’re (going to) cheat, the easiest way is to do so through mail-in ballots.'"


Defiant Judge Takes On Child Pornography Law

May 21, 2010

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in a New York Times story about judges taking stands against certain minimum sentences for people convicted of receiving child pornography. The story states: “‘What has caused concern in courts across the nation is that we have a lot of relatively law-abiding individuals sitting in the basement downloading the wrong kind of dirty pictures facing not just prison sentences but incredibly long prison sentences,’ said Douglas A. Berman, a professor at Moritz College of Law of Ohio State University, who studies sentencing issues.”


I'm a criminal and so are you

May 19, 2010

Featured Expert: Michelle Alexander

Professor Michelle Alexander published an opinion-editorial on CNN.com regarding issues discussed in her book: The New Jim Crow: Mass Incarceration in the Age of Colorblindness. The piece states: “I mean, haven't you ever smoked pot, didn't you ever drink underage, don't you sometimes speed on the freeway, haven't you gotten behind the wheel after having a couple of drinks? Haven't you broken the law? Well, yeah, they say, but I'm not a criminal. Oh, really? What are you, then? As I see it, you're just somebody who hasn't been caught. You're still a criminal, no better than many of those who've been branded felons for life.”


In Academia, Kagan Wrote Far Less Than Peers

May 18, 2010

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a National Law Journal story about U.S. Supreme Court nominee Elena Kagan’s academic scholarship. The story states: “Peter Shane, former dean of the University of Pittsburgh School of Law and an administrative law scholar, called her article a ‘must read.’ ‘I say this even though I disagree with her conclusions in substantial respects,’ said Shane, now at Ohio State University Michael E. Moritz College of Law.”


IRS gives nonprofits more time to file for tax-exempt status

May 18, 2010

Featured Expert: Garry W. Jenkins

Moritz Professor Garry Jenkins was quoted in a Columbus Dispatch story about the Internal Revenue Service extended its deadline for nonprofits to file for tax-exempt status. The story states: "‘The penalty was a death sentence; you lose your tax-exempt status,’ said Garry Jenkins, an Ohio State University law professor who specializes in charities.”


Justices Bar Life Terms for Youths Who Haven’t Killed

May 17, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in an Associated Press story that was published in several newspapers, including this story in The New York Times, about a U.S. Supreme Court ruling in Graham v. Florida. The story states: “The court's ‘ruling likely will produce challenges for lawyers and lower courts to determine just whether and when other extreme prison terms are constitutionally problematic,’ said Ohio State University law professor Douglas Berman.”


Justices Issue Major Eighth Amendment Ruling on Juvenile Sentencing

May 17, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a National Law Journal story regarding the U.S. Supreme Court decision in Graham v. Florida. The story states: "‘The Supreme Court today has handed down its biggest and potentially most consequential Eighth Amendment ruling for non-death penalty cases in its history,’ said Ohio State University Moritz College of Law professor Douglas Berman. ‘In addition to potentially providing new constitutional claims for many juveniles sentenced to very long prison terms for nonhomicide offenses, the ruling likely will produce challenges for lawyers and lower courts to determine just whether and when other extreme prison terms are constitutionally problematic.’”


Supreme Court bars some life terms for juveniles

May 17, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in Reuters story that was published in several newspapers regarding the U.S. Supreme Court decision in Graham v. Florida. The story states: “‘The Supreme Court today has handed down its biggest and potentially most consequential Eighth Amendment ruling for non-death penalty cases in its history,’ Ohio State University law professor Douglas Berman said.”


Supreme Court restricts life without parole for juveniles

May 17, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Washington Post story about the U.S. Supreme Court ruling in Graham v. Florida. The story states: “‘It is indisputably the court's most important non-capital Eighth Amendment decision," said Douglas A. Berman, a law professor and criminal sentencing expert at Ohio State University. ‘It is the first highly tangible setting where the court's death penalty work has crossed over’ to another aspect of sentencing.”


Charities up against IRS deadline

May 14, 2010

Featured Expert: Garry W. Jenkins

Professor Garry Jenkins was quoted in a Columbus Dispatch story regarding Ohio nonprofits who filed to file necessary papers with the Internal Revenue Service. The story states: "‘I have no doubt that the goal is not to punish small organizations,’ said Garry Jenkins, an Ohio State University law professor who specializes in charities. ‘The goal is to have more-accurate information.’”


Faith-based nondiscrimination cases being evaluated within the nation's law schools

May 11, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a Daily Reporter story regarding the U.S. Supreme Court case, Christian Legal Society v. Martinez. The story states: "‘This case is important in terms of the authority of universities to set and enforce non-discrimination policies ... in order to establish the type of safe environments that they believe non-discrimination policies further,’ Spindelman said. ‘This is the latest movement in the ongoing culture wars involving the claims of religious organizations on the one side, and lesbian and gay rights on the other.’”


Supreme Court nominee could be 1st justice without judicial experience since 1971

May 11, 2010

Featured Expert: Deborah Jones Merritt

Professor Deborah Jones Merritt was quoted in a Dayton Daily News story about the nomination of Elena Kagan to the U.S. Supreme Court. The story states: “‘She fits very well into that mold,’ said Deborah Jones Merritt, a professor of law at Ohio State University and a former law clerk to Justice Ruth Bader Ginsburg.’”


Last-minute bill gives governor more redistricting power

May 10, 2010

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an Atlanta Journal-Constitution story about a change made to Georgia’s election laws. The story states: "‘I can't think of any state that has done something like this before,’ Tokaji said. ‘The job of the attorney general in most states is to enforce state law and of course to defend state laws when they're subject to challenge. To go over the attorney general's head when you simply don't like the decision he might make is unusual. I'm not going to go so far as to say it's illegal or a violation of the state's constitution, but it strikes me as quite unusual.’”


A Few Quirky Tax Breaks That Aren't Going Away

May 8, 2010

Professor Donald Tobin was mentioned in a Wall Street Journal story about “quirky” tax breaks. The story states: “This provision has some twists. Donors to 529 college-savings plans may bunch up to five years of annual gifts—as President Barack Obama and his wife, Michelle, did for their daughters a few years ago. If circumstances change, the donor can withdraw the money with little or no penalty, says Donald Tobin of Ohio State University.”


The Congressional Black Caucus and the politics of summer jobs

May 4, 2010

Professor john a. powell was quoted in a Washington Post story about the Congressional Black Caucus lobbying Congress for funding to continue a youth jobs program. The story states: "‘There has been a real reluctance to target things, specifically to the black community,’ said John A. Powell, executive director of the Kirwan Institute for the Study of Race and Ethnicity at Ohio State University.”


New Factors to Help Judges Determine Leniency

May 1, 2010

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was mentioned in a Wall Street Journal story regarding new factors that judges can use when considering defendants’ sentences. The story states: “Congress, which oversees the sentencing commission, is unlikely to block the changes before they take effect, said Doug Berman, a law professor at Ohio State University. Mr. Berman said the changes announced Friday were significant because historically the vast majority of guidelines amendments by the commission have called for increases, not decreases, in sentence length.”


Strengthened laws, lawsuits seen as tools to get home loans

May 1, 2010

Professor john powell was quoted in a Dayton Daily News story about how predatory lending was targeted toward the nation’s minority and low-income communities. The story states: “We have this huge financial crisis, and largely the epicenter of it is the black and Latino community,” said john powell, director of the Kirwan Institute for the Study of Race and Ethnicity at Ohio State University. “So what we’re asking the federal government to do is to really think about the racial implications of this.”


College 'Embassies' Advance Their Interests Abroad

April 25, 2010

Featured Expert: Daniel C.K. Chow

Professor Dan Chow was mentioned in a Chronicle of Higher Education story about the University’s need international gateways. The story states: “In China, Daniel C.K. Chow, a law professor who once worked for a multinational company there, has been instrumental in helping Ohio State navigate the country's legal system.”


Court challenge dogs official day of prayer

April 24, 2010

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a Columbus Dispatch story about a lawsuit filed that hopes to stop a National Day of Prayer. The story states: “Traditionally, the Supreme Court has judged similar cases according to whether the government can prove that a practice with a religious element has a primary secular purpose, said Peter Shane, a law professor at Ohio State University. But federal courts have gone far to call practices secular that clearly aren't, he said. Two examples are the fact that a chaplain leads Congress in prayer and the imprint of In God We Trust on currency. The courts are saying, ‘these practices are so traditional, so noncoercive, so nonsectarian that they really don't pose the kind of threat of religious conflict that the framers (of the Constitution) were trying to avoid,’ he said.”


Court challenge dogs official day of prayer

April 24, 2010

Featured Expert: David A. Goldberger

Professor David Goldberger was quoted in a Columbus Dispatch story about a lawsuit filed that hopes to stop a National Day of Prayer. The story states: “David Goldberger, another Ohio State law professor, doubts that Crabb's decision will be upheld. The atheist group will have a difficult time proving it is harmed by the National Day of Prayer, he said.”


Federal Judges Still Finding Their Way in Post-'Booker' Sentencing Landscape

April 23, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a New Jersey Law Journal story about federal judges still adapting to changes stemming from the ruling in U.S. v. Booker (2005). The story states: “Douglas Berman, a law professor from Ohio State University's Moritz College of Law and the author of the Sentencing Law and Policy blog, says the Supreme Court has consistently upheld district judges' exercise of their post-Booker sentencing discretion. Downward departures tend to be minor and seldom appealed by prosecutors, he notes. The better a judge ‘can explain and justify why he's doing what he's doing, the more discretion he has,’ Berman adds.”


Murder Charge Upheld in Bizarre Motivational Speaker Slay

April 15, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in an Associated Press story about an apparent assisted suicide in New York. The story states: “In general, courts have said ‘consent is no defense — that if you intended to do what you did ... the fact that there was some part of you that was motivated by compassion isn't enough,’ said Marc Spindelman, a professor at Ohio State University's Michael E. Moritz College of Law. He studies legal issues surrounding death and dying.”


2009 Moritz graduate serves as acting director of OSU's China Gateway

April 13, 2010

Featured Expert: Daniel C.K. Chow

Professor Dan Chow was quoted in a Daily Reporter story about Ohio State’s new China Gateway. Acting director of the Gateway is Moritz LL.M. alumna Phoebe You. The story states: "‘(The Gateway) will be used to recruit students, it will be used as a base for faculty to do research in China, it will be a place for networking with our alumni in China,’ said Chow.”


Madison's Nightmare Review

April 12, 2010

Featured Expert: Peter M. Shane

Professor Peter Shane’s book, Madison’s Nightmare, received a strong review in Choice magazine. The review states: “Shane writes deftly to explain constitutional debates such as the one over the ‘unitary presidency’ in terms comprehensible to lay readers. His analysis of Bush 43’s use of executive privilege, control over regulatory policy making, and presidential signing statements are particularly illuminating, Shane devotes several chapters to how ‘aggressive presidentialism’ has undermined decision making in foreign and military policies and general and in national security policies in particular.”


Professor explores bigotry behind 1921 murder of priest

April 11, 2010

Featured Expert: Sharon L. Davies

Professor Sharon Davies’ book, Rising Road, was reviewed in the Sunday edition of the Columbus Dispatch. The review states: “Davies' fascinating book is an excellent work of narrative history. Rising Road deserves a wide audience.”


Retiring Stevens stood up for women, disabled, more

April 10, 2010

Featured Expert: Ruth Colker

Professor Ruth Colker was quoted in a Lancaster Eagle Gazette story about Justice John Paul Stevens retiring from the U.S. Supreme Court. The story states: “Ruth Colker, a constitutional law professor at Ohio State University's Moritz College of Law, said Stevens was a champion in protecting the rights of women, the disabled and racial minorities. She cited one 2004 case, Tennessee vs. Lane, in which a man in a wheelchair who couldn't get to a second-floor courtroom was held in contempt. He sued, and courtrooms in Ohio and across the country later had that case in mind while making their buildings more accessible. Stevens wrote the majority opinion, maintaining that the man had the right to sue under the Americans with Disabilities Act.”


Birmingham priest's 1921 slaying revisited in new documentary and book

April 10, 2010

Featured Expert: Sharon L. Davies

Professor Sharon Davies was quoted in a Brimingham News story about her new book, Rising Road. The story states: “In her book ‘Rising Road: A True Tale of Love, Race and Religion in America,’ Ohio State University law professor Sharon Davies digs deep into the 1921 slaying of a Catholic priest in Birmingham. The Rev. James E. Coyle, who had been pastor of St. Paul's Cathedral since 1904, was shot to death on the porch of the wood-frame rectory, the priest's house next to the cathedral, on Aug. 11, 1921. ‘There are so many things about this story that are really compelling,’ Davies said. She said she stumbled across the case while doing research for a law journal article. ‘When I found it, I was absolutely captivated by it. This story needed to be told. We can't afford to forget this.’”


An imprint on law

April 10, 2010

Featured Expert: Alan C. Michaels

Dean Alan Michaels was quoted in a Columbus Dispatch story about the death of Ohio Chief Justice Thomas J. Moyer. The story states: “‘He's someone who really had respect for the different sources of law, such as the legislature. He was a judge's judge in that regard,’ said Alan C. Michaels, dean of the Ohio State University law school.”


New Ohio chief justice to be appointed by governor

April 4, 2010

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an Associated Press story regarding the replacement of former Ohio Chief Justice Thomas Moyer. The story states: “Edward Foley, a professor at Ohio State University law school, said Moyer was able to set aside politics in his rulings, and he pointed to decisions coming out of the court during the 2008 presidential election season. ‘Looking at the totality of the work they did under the pressure of the 2008 election, the chief justice put fidelity to the law first and foremost even in the most political of cases,’ he said.”


Al Haramain: Waiting for the Other Shoe to Drop

April 3, 2010

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a Huffington Post column reacting to the U.S. Supreme Court ruling that it was illegal to engage in surveillance of an Islamic charity without a warrant. "The Al-Haramain case strongly supports the value of enacting a legislative framework for the evaluation of state secrets claims,” Shane said. “News stories thus far have generally focused on the unusual circumstances of the case, in which the plaintiffs were able to satisfy the trial judge of both their standing and their entitlement to relief without resorting to classified information.”


Toledo's strategy to secure union givebacks untested

April 3, 2010

Professor James Brudney was quoted in a Toledo Blade story about the city of Toledo considering making employee cuts while unions are midcontract. The story states: “‘Presumably, if they go to SERB, the argument is going to be whether the exigent circumstance doctrine really is an exception,’ said Jim Brudney, law professor at the Ohio State University's Moritz college of law. ‘If it is, then what do local governments have to prove to demonstrate it? I don't think that SERB is going to say that as long as they assert it, it is. There may be contours and textures of the idea that may have to be litigated.’”


Charter schools and segregation

April 2, 2010

Professor john powell co-authored an opinion editorial in the Detroit Free Press regarding the expansion of charter schools in Michigan. The story states: “As federal funding continues to fuel the growth of charter schools, it is imperative to include civil rights provisions to decrease racial isolation and foster diversity in these schools, such as conducting outreach to all groups of students, drawing students across boundary lines, and eliminating any requirements for admission or enrollment.”


Ohio Supreme Court Chief Justice Moyer Dies at 70

April 2, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in an Associated Press story, which was published in several newspapers around the country including The New York Times and The Washington Post, regarding the recent passing of Ohio Supreme Court Chief Justice Thomas Moyer. The story states: “‘This is a reeling loss for the court. The chief justice was a great statesman, in addition to being an absolutely hardworking public servant and just a very decent human being,’ Spindelman said. ‘He was the court's moderating impulse.’” A correction to this story was published here.


Bill Moyers Journal

April 2, 2010

Featured Expert: Michelle Alexander

Professor Michelle Alexander was featurd on PBS’s Bill Moyers Journal regarding her new book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness. She stated: “ … What I mean is that we have a system of laws, policies, and practices in the United States today that operate to lock people of color, particularly poor people of color, living in ghetto communities, in an inferior second-class status for life.”


Deadlock Is Ending on Labor Board

March 31, 2010

Professor James Brudney was quoted in a New York Times story about President Obama’s appointments to the National Labor Relations Board. The story states: “‘The union movement feels the board processes are not giving them a fair shake,’ said James J. Brudney, a labor law professor at Ohio State.”


Crossover voters to be challenged

March 28, 2010

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Columbus Dispatch story about a new requirement for Ohio voters who switch between the major political parties in an upcoming primary election. The story states: “Edward ‘Ned’ Foley, director of an elections-law center at Ohio State University, said he likes the primary process in the state of Washington: All voters get the same ballot, and the top two vote-getters, regardless of party, advance to the fall election. Foley said it is reasonable to try to enforce Ohio's statute uniformly in all counties by challenging every crossover voter, and that if people don't like it, there can be a discussion about changing state law accordingly.”


Anonymous online comments are linked to the personal e-mail account of Cuyahoga County Common Pleas Judge

March 26, 2010

Featured Expert: Christopher M. Fairman

Professor Christopher Fairman was quoted in a Cleveland Plain-Dealer story about newspaper web comments that were traced to the personal e-mail of a Cuyahoga County judge. The story states: “Christopher Fairman, a legal ethics expert and professor at Ohio State University's Michael E. Moritz College of Law, said the person authoring the comments makes ‘all the difference in the world. If the judge is doing it, it's a matter for the Office of Disciplinary Counsel,’ he said. ‘If it's the daughter, a different type of counselor is in order.’”


Republican Party Can’t Raise ‘Soft’ Money, Court Says

March 26, 2010

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Bloomberg story about a campaign finance ruling regarding raising “soft money.” The story states: “‘This is clearly an unstable area of the law,’ said Daniel Tokaji, associate director of the election-law program at Ohio State University’s Moritz College of Law in Columbus. He said both rulings are candidates for Supreme Court review.”


The new Jim Crow: How the war on drugs gave birth to a permanent American undercaste

March 25, 2010

Featured Expert: Michelle Alexander

Professor Michelle Alexander published an opinion editorial in the San Francisco Bay View about the topics discussed in her new book: The New Jim Crow: Mass Incarceration in the Age of Colorblindness. The editorial states: “The drug war has been brutal – complete with SWAT teams, tanks, bazookas, grenade launchers, and sweeps of entire neighborhoods – but those who live in white communities have little clue to the devastation wrought. This war has been waged almost exclusively in poor communities of color, even though studies consistently show that people of all colors use and sell illegal drugs at remarkably similar rates.”


Crack Sentencing Bill Passes Senate, Offers Lessons in Political Compromises

March 24, 2010

Featured Expert: Douglas A. Berman

Douglas Berman was quoted in RaceWire regarding the U.S. Senate passage of a bill that would reduce a gap between sentences for crack and powder cocaine. The story states: “According to Douglas Berman, a criminal law professor at Moritz Law School at Ohio State University, when the Anti-Drug Abuse Act was passed, there was a vague awareness that the laws would lead unequal impacts. ‘My sense is that crack was perceived to be a very dangerous drug that was uniquely prevalent in inner cities,’ said Berman, but added, ‘Anybody who understood that inner cities were disproportionately filled with people of color had to connect the dots that...particularly at the federal level, impact would be so dramatically racially skewed.’”


OSU law expert says lawsuit challenging health care bill should fail if 'wild card' court stays away

March 23, 2010

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an Examiner.com story about lawsuits being filed against the federal government in response to the new health care reform law. “Tokaji, whose areas of expertise include election law, civil rights, and federal courts, said that while he would not hazard a response to the second argument put forward by plaintiff attorneys -- that the penalty for those who don't buy insurance violates the Constitution's tax-apportionment clause -- his immediate response, given without benefit of thorough study of the lawsuit, was that the case should not be upheld at the federal level.”


Love and Race in the Early 20th Century

March 22, 2010

Featured Expert: Sharon L. Davies

Professor Sharon Davies’ book Rising Road: A True Tale of Love, Race and Religion in America received a favorable review from The Cutting Edge. The review states: “Rising Road is a story of another time, but it is very much a story for our own.”


Writers Talk

March 22, 2010

Featured Expert: Sharon L. Davies

Professor Sharon Davies discussed her new book Rising Road: A True Tale of Love, Race and Religion in America on Ohio State’s “Writer’s Talk” radio show.


Rogue firms shame the good name of U.S. military forces

March 20, 2010

Featured Expert: John B. Quigley

Professor John Quigley published an opinion editorial that was published in several McClatchy-owned newspapers around the country discussing the use of security contractors in the Middle East. The story states: “Congress should just say no. Anyone who is abroad on our behalf with capacity to kill should be under public control.”


U.S. Supreme Court tosses career criminal sentence in Jacksonville case

March 15, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Florida Times-Union story about the U.S. Supreme Court rejecting a Florida sentencing law. The story states: Ohio State University law professor Douglas Berman said the opinion is the latest in a series of high court rulings to scale back the types of crimes prosecutors can use to enhance sentences under the Armed Career Criminal Act. … He said federal sentencing laws that are triggered by state crimes are bound to be complicated because each state has its own set of laws. ‘What's really a mess is the way Congress wrote this statute,’ Berman said. ‘The Supreme Court has come to the conclusion that this is meant for people who have a more serious criminal history.’”


Defendants Fresh From War Find Service Counts in Court

March 15, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a New York Times story about judges considering military service when determining criminal sentences. The story states: “‘More and more courts are noticing and asserting, in a variety of ways, that there seems to be some relevance to military service, or history of wartime service, to our country,’ said Douglas A. Berman, a law professor at Ohio State University and an expert on sentencing.”


N.C. district turnabout chills JCPS busing supporters

March 13, 2010

Professor john powell was quoted in a Louisville Courier-Journal story about a school busing plan in North Carolina that was similar to a controversial one in Louisville. The story states: “John Powell, a desegregation expert at the Ohio State University, said opposition to desegregation plans usually comes from a small but vocal core of upper-income parents whose connections tend to amplify the objections and political pressure on school board members. ‘Wake County has been held up as a beacon of hope, and the loss of that can't help but have serious consequences,’ he said. ‘I would think the opposition in Louisville would be salivating.’”


AG Holder didn't reveal all legal papers to Senate

March 13, 2010

Featured Expert: Sharon L. Davies

Professor Sharon Davies was quoted in an Associated Press story about Attorney General Eric Holder not disclosing all the legal papers he had signed or written while in practice before being confirmed. The story states: “Sharon Davies, a law professor at Ohio State University who also signed that brief, said the paper's core argument was that ‘there's no bait-and-switch allowed by police officers. They can't deliberately withhold those warnings.’”


Feds seek further sale of voting-machine systems

March 12, 2010

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Columbus Dispatch story about the sale of voting machines in Ohio. The story states: “But Dan Tokaji, an Ohio State University law professor and associate director of OSU's election-law center, said he questions whether the divestiture alone will create the robust market needed to spur competition and innovation in voting technology. ‘I definitely think it's a step in the right direction, but it's not enough to solve our long-term voting technology problems,’ he said.”


Racial disparities in sentencing rise after guidelines loosen

March 12, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Kansas City Star story about racial disparities in federal sentences. The story states: “Douglas A. Berman, a professor and sentencing expert at the Moritz College of Law at Ohio State University, said it wasn't that simple because the study ‘doesn't provide us with a perfect why or how.’”


The New Jim Crow

March 11, 2010

Featured Expert: Michelle Alexander

Professor Michelle Alexander was on a Democracy Nowtelevision show that detailed her new book, “The New Jim Crow: Mass Incarceration in the Age of Colorblindness.”


Coarse correction

March 11, 2010

Featured Expert: Christopher M. Fairman

Professor Christopher Fairman was quoted in a Boston Globe story about the use of the word “retard.” The story states: “Ohio State University law professor Christopher Fairman, whose specialty is taboo language and the law, questions whether demonizing the R-word makes sense, however distasteful the term is when used in debasing fashion. Not long ago, he points out, ‘retarded’ was the more sensitive way to address a group once labeled ‘moron’ or ‘idiot.’”


How Young is Too Young?

March 11, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Good Morning America story about an 11-year-old Pennsylvania boy who is being charged with murder.


Should some words be banned?

March 9, 2010

Featured Expert: Christopher M. Fairman

Professor Christopher Fairman was featured in a Culture Shocks with Barry Lynn program discussing whether some words in our language should be banned.


Companies 'Named And Shamed' For Bad Behavior

March 7, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a National Public Radio story about companies and individuals being required to publish apologies as part of their sentences. The story states: “‘Whether we call it vengeance, whether we call it psychic satisfaction, whether we call it restitution, we are getting at the core of what we as victims can rightfully claim to be entitled to,’ says Ohio State University law professor Doug Berman.”


IRS forms track pay at nonprofits

March 7, 2010

Featured Expert: Garry W. Jenkins

Professor Garry Jenkins was quoted in a Columbus Dispatch story about a revised 990 tax form that is used by charities to report to the Internal Revenue Service. The story states: “‘It's becoming less of a tax return and more of an information return,’ said Garry Jenkins, an Ohio State University law professor who specializes in philanthropy. ‘It's like a disclosure document.’”


Senate Debates Indefinite Detentions

March 5, 2010

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in an Inter Press Service story about legislation proposed in the U.S. Senate that would allow the U.S. government to detain terrorism suspects without charge and conduct trials through military commissions. The story stated: “Prof. Peter Shane of the Ohio State University law school told IPS, ‘There seems to be a fundamental philosophical difference between those who believe that the rule of law threatens our fight against terrorism and those who regard it as one of our most potent weapons.’”


How bad is the R-word?

March 5, 2010

Featured Expert: Christopher M. Fairman

Professor Christopher Fairman was quoted in a Kelowna.com story about the use of the word “retard.” The story states: “Prof. Fairman, who teaches law at Ohio State University, says the fuss over the so-called R-word is overblown, and he fears that 1990s-style linguistic inquisitions could ensue from campaigns to remove it from the English language.”


Gahanna students join campaign to stop use of ‘retard’

March 4, 2010

Featured Expert: Christopher M. Fairman

Professor Christopher Fairman was quoted in a Columbus Dispatch story about Gahanna students joining a national campaign to stop the use of the word “retard.” The story states: “Christopher M. Fairman, an Ohio State University law professor who studies language taboos, wrote an opinion piece in The Washington Post last month arguing against the Special Olympics' campaign. His e-mail has been full ever since. ‘I am the most vilified person today in terms of this campaign,’ Fairman said. ‘I certainly helped them spread the word.’”


Losing high-court case not that bad for OSU professor

March 3, 2010

Featured Expert: Deborah Jones Merritt

Moritz Professor Deborah Jones Merritt was quoted in a Columbus Dispatch story regarding the U.S. Supreme Court ruling in a case that she tried. The story states: “‘Let's just say I'm celebrating the experience,’ she said with a laugh, adding that ‘we plan to have a celebratory post-mortem sometime next week.’”


The New Jim Crow

March 3, 2010

Featured Expert: Michelle Alexander

Professor Michelle Alexander was featured on CNN regarding her new book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness. She stated: “Affirmative action is no substitute for remedying the severe structural inequities that persist in the United States.”


Get Me Rewrite: Supreme Court Keeps $18 Million Copyright Settlement Alive

March 3, 2010

Featured Expert: Deborah Jones Merritt

Professor Deborah Jones Merritt was mentioned in a National Law Journal story about the case that she recently argued before the U.S. Supreme Court. The story stated: “The plaintiffs, defendants and objectors successfully petitioned the Supreme Court for review. Because all three parties disagreed with the 2nd Circuit decision, the justices appointed Deborah Jones Merritt of Ohio State University Moritz College of Law to argue in support of the appellate court ruling.”


The R-word risk

March 3, 2010

Featured Expert: Christopher M. Fairman

Professor Christopher Fairman was quoted in a U Weekly story about the Special Olympics’ campaign to suspend the use of the word “retard.” The story stated: “‘Yet one Ohio State University law professor, Christopher Fairman, said he will not be ‘spreading the word to change the word,’ as the campaign motto urges. … Fairman's decision to not take the pledge revolves around his concern that voluntary self-censorship can lead to government restrictions on speech.”


Tailoring job relief to America's diverse communities

March 2, 2010

Professor john powell published an opinion editorial in the Washington Post about the need for job support in America’s diverse communities. The column stated: “Most black Americans desperately want the president to succeed, not just because he is black but also because it would be good for the country. We embrace many of the universal goals that make our nation great. We acknowledge that a rising tide may lift all boats. But first, you must have a boat.”


President Obama embraces color-blind approach to governing

March 1, 2010

Professor john powell was quoted in a South Florida Sun Sentinel story about jobs and race in America. The story stated: “john powell, the Kirwan Institute's executive director, expressed hopes that this measure and others targeted to the neediest communities would be restored to the final bill, despite ‘push back’ by those who say they want a more ‘universal’ approach. ‘We should have universal goals,’ he argued, ‘but targeted strategies.’”


President Obama embraces color-blind approach to governing

March 1, 2010

Professor john powell was quoted in a South Florida Sun Sentinel story about jobs and race in America. The story stated: “john powell, the Kirwan Institute's executive director, expressed hopes that this measure and others targeted to the neediest communities would be restored to the final bill, despite ‘push back’ by those who say they want a more ‘universal’ approach. ‘We should have universal goals,’ he argued, ‘but targeted strategies.’”


U.S. Supreme Court to take on battle over gun rights

February 28, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a San Jose Mercury News story about an upcoming case involving gun rights at the U.S. Supreme Court. The story stated: “‘The case will kick down the line the really hard questions,’ said Doug Berman, an Ohio State University law professor following the case closely. ‘We're in uncharted territory. No one is quite sure where we're going, and I'm not even sure anyone knows where we should be going.’”


One Year Later: Stimulus Having Unequal Impact

February 25, 2010

Professor john powell was quoted in an afro.com story about the stimulus money having a varying impact on different races. The story stated: “In this economy, everybody’s hurting. But people of color are hurting more and recovering less,” said John Powell, executive director of Ohio State University’s Kirwan Institute for the Study of Race and Ethnicity.


Black frustrations

February 24, 2010

Professor john powell was quoted in a Chicago Tribune about reactions to having the first black president in the White House. The story stated: “john powell, Kirwan Institute's executive director, expressed hope that this measure and others targeted toward the neediest communities would be restored to the final bill, despite ‘pushback’ by those who say they want a more ‘universal’ approach. "We should have universal goals" toward employment, he argued, ‘but targeted strategies.’”


Democrats see change on Ohio court

February 23, 2010

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an Associated Press story about the changing Ohio Supreme Court. The story stated: “In an ideal world, the party makeup of the court shouldn't matter, said Edward Foley, a professor at the Ohio State University Moritz College of Law. ‘The idea would be, for any Supreme Court, that all the decisions would be unanimous and there would be the sense that the law with a capital ‘L’ would be dictating these outcomes,’ he said. ‘But the law doesn't work that way automatically. There seems to be more subjectivity and less objectivity in judicial decision-making, including on the U.S. Supreme Court, than there once was.’”


Congressional Black Caucus frustrated with jobs legislation

February 23, 2010

Professor john powell was quoted in a Washington Post story about the Congressional Black Caucus attempt to draw more attention to the number of African American residents who are losing their jobs. The story stated: “‘The Congressional Black Caucus before pushed pretty hard, then they sort of yielded after the president pushed back,’ said john powell, executive director of Ohio State University's Kirwan Institute, which studies how African Americans have been affected by the downturn. ‘In its current state, there's not a whole lot in there that will have a positive impact on hard-hit communities that have high unemployment,’ he said of the jobs bill.”


The New Jim Crow

February 22, 2010

Featured Expert: Michelle Alexander

Professor Michelle Alexander was on a C-Span’s “Washington Journal” to discuss her new book, The New Jim Crow.


Possible Madoff Effect: Triple-Digit White-Collar Prison Sentences

February 19, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Wall Street Journal blog story about increasing prison sentences for white-collar criminal offenders. “There’s no rational basis for any of these numbers,” Douglas Berman, a law professor at Ohio State University told us last year. “They make us feel good because we can say, ‘Here’s the bad guy.’”


Words will never hurt you?

February 19, 2010

Featured Expert: Christopher M. Fairman

Professor Christopher Fairman was mentioned in a response in The Daily Record to his recent editorial in the Washington Post.


Brunner probing anti-slots group

February 18, 2010

Featured Expert: Steven F. Huefner

Professor Steven Huefner was mentioned in a Columbus Dispatch story about an Ohio secretary of state investigation into who is funding a proposed referendum regarding slot machines in the state. The story stated: “Nonprofit groups are allowed to contribute to campaign committees under certain circumstances, but it clearly violates the spirit of campaign-finance laws to deliberately avoid revealing donors by using a nonprofit as a source of funding, said Steven F. Huefner, an Ohio State University law professor specializing in election law.”


Stimulus One Year Later: Women and Minorities Shortchanged

February 16, 2010

Professor john powell was quoted in a New Junkie Post story about report released by the Kirwan Institute for the Study of Race and Ethnicity. The story stated: “But john powell, Executive Director of the Kirwan Institute, disagreed. He said continuing to push money to certain industries like construction or the clean energy, which is dominated by white men, without training programs, ‘stimulates the status quo.’”


The case against banning the word 'retard'

February 14, 2010

Featured Expert: Christopher M. Fairman

Professor Christopher Fairman published an opinion editorial in the Washington Post regarding efforts to ban the use of the word “retard.” The op-ed states: “If the history of offensive terms in America shows anything, it is that words themselves are not the culprit; the meaning we attach to them is, and such meanings change dramatically over time and across communities.”


Delays challenge MCSi trial

February 11, 2010

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in a Dayton Daily News story about delays in a trial involving a Dayton CEO accused of masterminding a massive fraud. The story says: “‘Witnesses are going to forget things, they’re going to move away,’ said Ric Simmons, a former state prosecutor in New York City who is now an Ohio State University associate professor of law.”


Commentary: Federal law requires airline bombing suspects to be tried in civilian courts

February 4, 2010

Featured Expert: John B. Quigley

Professor John Quigley published an Opinion Editorial for McClatchy-Tribune News Services that was printed in several newspapers across the country. The editorial discusses why he thinks Umar Farouk Abdulmutallab should be tried in civilian courts. The editorial states: “A cooperating suspect hopes for a lighter sentence. In a case like Abdulmutallab's, the suspect may relish the platform to speak and may say more in public than he would in a basement cell.”


Kerry Calls For Constitutional Amendment To Reverse Supremes

February 2, 2010

Featured Expert: Edward B. Foley

Professor Edward Foley was mentioned in a Broadcasting & Cable story about his testimony before the U.S. Senate Communications Subcommittee. The story stated: “Moritz College Law Professor Edward Foley argued that the decision left room to get at some corporations through the continuing ban on campaign ad spending by government and quasi-government entities. He argued that ban could be applied to defense contractors or Wall Street firms that had received TARP money. Schumer said the committee planned to consult with him as they worked on legislation.”


Montana AG testifies before Senate panel on campaign finance

February 2, 2010

Featured Expert: Edward B. Foley

Professor Edward Foley was mentioned in a Legal Newsline story about his testimony before the U.S. Senate Communications Subcommittee. The story stated: “Also appearing before the panel is Allison Hayward of The George Mason University School of Law, Edward Foley of The Ohio State University School of Law, Steve Hoersting of the Center for Competitive Politics, Fred Wertheimer of Democracy 21 and Heather Gerken of The Yale Law School.”


Re-sentence for Nacchio not unusual

February 2, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Denver Post story about Joe Nacchio and a ruling that allowed his prison sentence for insider trading to be shortened. 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.”


Child Pornography, and an Issue of Restitution

February 2, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a New York Times story whether or not people who possess child pornography should have to pay damages to the victims. The story states: “Douglas A. Berman, a law professor at Ohio State University and an expert on sentencing, said the rise in monetary damages might curb ‘a troublesome modern tendency of many legislators and judges to respond to all perceived crime problems with longer and longer terms of imprisonment.’”


Gay Marriage: Prop 8 Trial Rests, and a Key Ruling Awaits

January 29, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a Time magazine story about the Prop 8 trial in California. The story said: "‘The stone-cold truth is there's more to opposition to same-sex marriage than the view that homosexuality is immoral, big part of it though that is,’ says Professor Marc Spindelman of Ohio State University's Moritz College of Law. ‘While evidence suggests there were those who thumped for Prop 8 who did so from religious scruples, not everybody who voted for it did.’”


A New Jim Crow?

January 28, 2010

Featured Expert: Michelle Alexander

Professor Michelle Alexander was featured in a Newsweek story about her new book, The New Jim Crow. The story states: “In The New Jim Crow, Ohio State law professor Michelle Alexander argues that mass incarceration has become the state's method for repressing an entire generation of African-Americans. Ultimately, she overreaches. Mass imprisonment is not really analogous to Jim Crow. Nor are the majority of young black men in large American cities ‘under the control of the criminal-justice system.’ But Alexander is absolutely right to fight for what she describes as a ‘much needed conversation’ about the wide-ranging social costs and divisive racial impact of our criminal-justice policies.”


Will California gay-marriage trial go to Supreme Court?

January 26, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in the Christian Science Monitor about the ongoing trial in California regarding same-sex marriages. The story states: "‘The national marriage project was assiduously avoiding a federal court challenge. They were working slowly toward [it],’ says Marc Spindelman, a law professor at Ohio State University and an expert on gay and lesbian rights. But, he adds, ‘if there's a circuit court that's likely to recognize same-sex marriage’ it's the Ninth Circuit, under which the district court falls and which is often branded the most liberal.”


The New Jim Crow Book Review

January 26, 2010

Featured Expert: Michelle Alexander

Michelle Alexander was mentioned in this newsblaze.com story that reviewed a book she recently published entitled, The New Jim Crow: Mass Incarceration in the Age of Colorblindness. The review states: “Alexander, a Professor of Law at Ohio State University, makes her very persuasive case in The New Jim Crow: Mass Incarceration in the Age of Colorblindness, a scathing indictment of the widespread practice of selective enforcement of draconian drug laws.”


The Supreme Court Ruling on Campaign Finance

January 26, 2010

Featured Expert: Edward B. Foley

Professor Edward Foley was featured in a Legal Talk Network podcast regarding the Supreme Court Ruling in Citizens United v. Federal Election Commission.


Office of Legal Counsel Makes Waves with Work on Gitmo Cases

January 26, 2010

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a Main Justice story about the handling of the closing of Guantanamo Bay. The story states: “‘OLC is generally not an advocacy unit,’ said Peter Shane, a law professor at Ohio State University and a former OLC lawyer during the Carter administration. ‘A large part of the office’s credibility has been based on the notion that it has kind of a quasi-adjudicative role.’”


Disaster Capitalism Comes To Capitol Hill

January 26, 2010

Featured Expert: Edward B. Foley

Professor Edward Foley’s Newsweek comments were reiterated in an Opinion Editorial written by Joe Quinn. The editorial stated: “The biggest questions with this ruling is the scope of the term ‘corporation,’ says Edward Foley, law professor at the Ohio State University College of Law and director of the election-law program. Does the high court want this decision to apply to foreign corporations as well as domestic ones, he ponders? The truth is, the court didn't make a decision one way or the other.”


66 Academics to the Senate: Confirm Craig Becker to NLRB Now

January 26, 2010

Professor James Brudney was quoted in Work in Progress story about a letter sent by several academics to the National Labor Relations Board. The story states: “The letter from 66 academics was organized by Catherine Fisk of UC Irvine’s School of Law, and includes prominent labor academics like James Brudney and Lance Compa, among others. (It’s worth noting that a handful of the academics on this letter have consulted for unions or allied groups.)”


Proposition 8 trial at a crossroads

January 24, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a San Jose Mercury News story about the ongoing trial in California regarding same-sex marriages. The story states: "‘It's a clash of world views,’ said Ohio State University law professor Marc Spindelman, ‘not a simple matter of quote, unquote, facts.’”


Ruling could render Ohio's campaign-spending law toothless

January 22, 2010

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Columbus Dispatch story about a Supreme Court ruling that changes restrictions on the amount of money corporations, nonprofits, and unions can contribute to politicians. The story states: “As a practical matter, Ohio's law no longer is enforceable, said Edward ‘Ned’ Foley, director of an election-law center at Ohio State University. The state law ‘assumes a basic ban on corporate spending for campaign ads. That can't survive this decision,’ he said.”


Experts: Ruling makes Ohio law toothless

January 22, 2010

Featured Expert: Edward B. Foley

Professor Edward Foley was mentioned in an Associated Press story about the Supreme Court ruling that changed regulations of political donations made by corporations. The story says: “Edward Foley, director of an election law center at Ohio State University, says he expects state lawmakers will attempt to modify Ohio's law to bring it into compliance with the court's Thursday ruling.”


Should Foreign Corporations Spend Money on U.S. Political Candidates?

January 22, 2010

Featured Expert: Edward B. Foley

Professor Edward Foley was mentioned in a Newsweek posting asking whether foreign corporations should be allowed to spend money on U.S. political campaigns. The story states: “The biggest questions with this ruling is the scope of the term "corporation," says Edward Foley, law professor at the Ohio State University College of Law and director of the election-law program. Does the high court want this decision to apply to foreign corporations as well as domestic ones, he ponders? The truth is, the court didn't make a decision one way or the other. Foley best explains the potential issues by talking about the electronic, video, and communication giant, Sony …”


Plea Rejected in Case of Hepatitis Infections

January 22, 2010

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a New York Times story about a judge who rejected a plea agreement of a Denver nurse accused of infecting patients with hepatitis C. The story states: “One legal expert who specializes in criminal law and sentencing, Douglas A. Berman, said judges are generally loath to throw out plea bargain agreements, partly because there is an assumption that victims have already been consulted. But Professor Berman, who teaches criminal law at the Ohio State University law school, said the Federal Crime Victims’ Rights Act passed by Congress in 2004 opened up channels that in many cases bypass prosecutors, putting new pressure on judges.”


Supreme Court Says Limitless, Independent Corporate Campaign Spending Is OK

January 21, 2010

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Newsweek story about the U.S. Supreme Court’s ruling that allows corporations, unions and nonprofits to contribute limitlessly to political campaigns. The story states: “For example, a wealthy corporation can’t approach a candidate and ask a candidate, ‘would you like a check, or would you like the corporation to purchase a television commercial supporting your position on foreign policy?’ says Edward Foley, law professor at Ohio State University College of Law and director of the election law program.”


Expect an 'onslaught' of Ohio political ads this fall, thanks to Supreme Court on corporations and free speech

January 21, 2010

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Cleveland Plain-Dealer story reacting to the Supreme Court’s ruling that relaxes laws regarding corporate donations to political campaigns. The story states: “‘If any industry said it wanted to affect an election like the governor's race, it could spend money on TV and buy ads saying 'vote for X and vote against Y,’’ said Edward ‘Ned’ Foley, an Ohio State University law professor and elections law expert. The only caveat will be that corporate or union ad campaigns cannot not coordinate with the candidates' own campaigns.”


Grayson aims to rein in corporate campaign ads

January 21, 2010

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an Orlando Sentinel story about a Supreme Court decision that changes previous rules regarding contributions to political campaigns made by corporations, nonprofits, and unions. The story states: "‘The court would be quite hostile to this legislation,’ said Daniel Tokaji, an election expert at the Moritz College of Law at Ohio State University. ‘It puts special burden on corporate speech in the area of political contributions, and it's pretty clear that the court is emphatically protective of corporate speech.’”


Ohio Lawmakers Scramble to React to Casino Plan

January 20, 2010

Featured Expert: Ruth Colker

Professor Ruth Colker was quoted in an Associated Press story that was published in several newspapers, including the New York Times, Atlanta Journal-Constitution, and others. The story detailed Ohio Statehouse reactions to the constitutional amendments that added four casinos in the state. The story states: “Constitutions are intended to be aspirational and broad in thinking, laws or statutes somewhat more specific and regulations the most specific, said Ruth Colker, a professor at the Ohio State University's Moritz College of Law. ‘This amendment turns that whole idea on its head because it's so highly specific,’ she said. ‘What we saw when the people adopted such a specific constitutional amendment was, oops, it didn't really work.’”


Advocates struggle to measure stimulus relief for minority businesses

January 18, 2010

Professor john powell was quoted in a Washington Post story about a report completed by OSU’s Kirwan Institute regarding stimulus money and minority businesses. The story states: "‘Crises present an opportunity, and in large part this opportunity has been wasted,’ powell said. “‘We are stimulating the status quo. If we were far behind before, we are going to be even further behind.’”


Judge bans media from woman's trial in Henry County

January 18, 2010

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in a Toledo Blade story about a judge banning media from a trial in northwest Ohio. The story states: "Still, there are alternatives for situations like this, said Ric Simmons, an associate professor of law at the Moritz College of Law at the Ohio State University. 'You can move the trial to another county, which I know is more expensive, but that's the cost of doing business in a country where we have a free press,' Mr. Simmons said."


Dems’ path forward rocky if GOPer win in Massachusetts

January 18, 2010

Professor James Brudney was quoted in a St. Louis Post-Dispatch story about the upcoming election in Massachusetts to replace Ted Kennedy’s U.S. Senate seat. “Ohio State University law professor James Brudney, formely chief counsel of a Senate Labor subcommittee, observed by phone that if Brown wins, ‘Democrats would have to pursue paths that are in tension with one another … It would be awkward in terms of public perception if, once he’s duly elected, there’s an effort to move a lot of legislation in the period before he is seated.’”


Weak Defense

January 16, 2010

Featured Expert: Joshua Dressler

Professor Joshua Dressler was quoted in a Newsweek story about a man accused of killing an abortion doctor. A Kansas Circuit judge ruled that the man could present a defense for voluntary manslaughter, instead of murder. The story states: “As Joshua Dresser, a criminal-law expert at Ohio State's Moritz College of Law, told me, ‘He can get up and say, I honestly in my head believed this would prevent an imminent death of a fetus, who is a person, even if that is unreasonable. But if he says that, the real argument is mental illness.’”


Expert: C-TEC has grounds to sue architect

January 16, 2010

Featured Expert: Christopher M. Fairman

Professor Christopher Fairman was quoted in a Newark Advocate story about possible lawsuits in a construction dispute. The story says: “After reviewing Common Pleas Court Judge Thomas Marcelain's Dec. 24 decision that ordered C-TEC to pay $3.8 million to Claggett & Sons, Ohio State University law professor Chris Fairman said C-TEC should have sued Kimball & Associates of Pittsburgh when it countersued Claggett in 2006. ‘When I was in practice, what we would have done, we would have sued everybody and let it get sorted out,’ said Fairman, who specializes in civil procedure and thinks C-TEC should settle its remaining legal issues out of court. ‘This is the sort of thing that would be ripe for a settlement.’”


Labor Panel Is Stalled by Dispute on Nominee

January 15, 2010

Professor James Brudney was quoted in a New York Times story about the National Labor Relations Board. The story states: “‘Any time you have cases pending at the board for two or three years,’ said James J. Brudney, a labor law professor at Ohio State, ‘that’s a real hardship for the litigants, particularly for people who were fired illegally and want to get reinstated or receive back pay.’”


Children key in Prop 8 trial

January 14, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a Bay Area Reporter story about how children are factor in the Proposition 8 trial in California. The story states: “‘Gay sex doesn't bother people anymore. It doesn't inspire the fear it once did,’ said Marc Spindelman, an Ohio State University law professor and expert in family law and lesbian and gay rights. ‘To generate that kind of heat and anxiety, you have to talk about kids.’”


Prop. 8 trial: Did animosity drive California's gay marriage ban?

January 13, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a Christian Science Monitor story about what led to the ongoing Proposition 8 trial in California. The story states: “The animus argument could prove difficult, says Marc Spindelman, a law professor at Ohio State University. ‘Even if it’s true that the proponents of Prop. 8 are motivated by animus, there’s a question if that’s enough to invalidate a majority of California’s votes,’ he says.”


Applied DNA Sciences Signs Contract With Asian Printer

January 12, 2010

Featured Expert: Daniel C.K. Chow

Professor Dan Chow was quoted in a story that appeared on CNNMonday.com about a DNA-based security solutions company signing a supply agreement with a printing company headquartered in Asia. The story stated: "‘We have never seen a problem of this size and magnitude in world history. There's more counterfeiting going on in China now than we've ever seen anywhere,’ stated Dan Chow, a law professor at Ohio State University who specializes in Chinese counterfeiting on CBS's ‘60 Minutes.’ ‘We know that 15 to 20 percent of all goods in China are counterfeit.’”


Trial on gay-marriage ban starts in California

January 11, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindelman was mentioned in a USA Today story about the start of a trial in California challenging the constitutionality of Proposition 8. The story states: “Whichever way it goes, the decision is likely to be appealed to the Supreme Court, said Marc Spindelman, an Ohio State University law professor who studies gay civil rights issues.”


Gay Marriage Ban Faces High-Stakes Test In Trial

January 11, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a National Public Radio story previewing the upcoming court battle in California challenging Proposition 8. The story states: "‘Perhaps the greatest hope of the case is that it will reframe the debate about same-sex marriage in new sorts of ways, not least of all because it's not the gay-rights establishment that’s leading the charge in court, but a team of superlawyers most famous for their role as adversaries in the 2000 election,’ says Marc Spindelman, a law professor at the Moritz College of Law at Ohio State University.”


Obama Takes New Route to Opposing Parts of Laws

January 8, 2010

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a New York Times story about a new approach the Obama administration is taking in regards to presidential signing statements. The story stated: “But Peter M. Shane, an Ohio State University law professor, praised the approach as a step toward a return to the ‘normalcy’ of how presidents used signing statements through Reagan’s first term. Mr. Shane has previously criticized the administration over its frequent early use of the device.”


After New Jersey defeat, gay marriage advocates turn to courts

January 8, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a Christian Science Monitor story about ongoing battles in legislatures and courts regarding same-sex marriages. The story states: “‘The reason that you don’t turn back to the courts too soon is that this can’t be a project of the legal elite,’ says Marc Spindelman, a law professor at Ohio State University. ‘When the citizenry don’t recognize themselves in the [decision], there’s the potential for backlash.’”


On marriage rite, gays refocus on just unions

January 7, 2010

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a USA Today story about advocates of same-sex marriage planning to push for civil unions in 2010. The story stated: “Marc Spindelman, a law professor at Ohio State University, says a referendum may be the more likely way to overturn the law. ‘These fights have a way of coming back, even if they seemed to have been won,’ he says. Spindelman says a more important case is a federal trial in California, set for Tuesday, on a challenge to the state's voter-approved ban on gay marriage. It will consider whether the equal protection clause of the 14th Amendment covers same-sex couples and marriage. Whichever way it goes, the decision is likely to be appealed to the Supreme Court, he says.”


Counterfeiting in China thrives: experts

January 4, 2010

Featured Expert: Daniel C.K. Chow

Professor Daniel Chow was quoted in an AFP story about counterfeiting and piracy in China. The story states: “‘Local protectionism and government corruption are the real issue,’ Daniel Chow, a professor at the Ohio State University College of Law, told AFP. ‘The central government is probably sincere but enforcement occurs at the local level, and local governments have a direct and indirect interest in protecting counterfeiting, which is important to the local economy.’”


Obama risks being sucked into a quagmire

January 3, 2010

Featured Expert: John B. Quigley

Professor John Quigley published an Op-Ed that was published in several newspapers across the country. The column addressed the question: “Will Afghanistan become a quagmire in 2010?” Quigley’s column stated: “So the Obama administration, like its predecessors, is seen as allowing Israel to swallow up Palestinian land, financed by the U.S. taxpayer. The Palestinians are squeezed, and we are seen as responsible. That's a perfect recruitment scenario for bin Laden.”