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.

2011 Media Hits

Condemned inmates pursuing funding for tests as part of clemency bids in Ky.

December 30, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was referenced in an article by the Associate Press published in The Republic. The article drew upon multiple sources to predict whether Kentucky Gov. Steve Beshear would grant clemency to two residents given the death sentence.

“‘Lame duck’ governors are more likely to commute a death sentence,” the article quoted Berman. "Those are the moments at which ... a governor recognizes they are going to have an opportunity to do something the new folks may not be able to do."


The Top of the Class in Deal-Making

December 29, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, writing as the Deal Professor for The New York Times DealBook, awarded “the Deal Professor A’s, the grade for the best deals and deal makers of 2011.”

Davidoff listed such awardees alphabetically. Included were Silver Lake Partners purchasing 70 percent interest in Skype for $1.9 billion from eBay, then later selling to Microsoft for $8.5 billion, as well as iGate partnering with Apax in a $1.2 billion deal to acquire Patni. Groupon, however, received an "F" in the list.


or Wall Street Deal Makers, Sometimes It Pays to Be Bad

December 27, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, writing as the Deal Professor for The New York Times DealBook, opted to forego awarding "F" grades on bad deals in 2011 and decided to focus instead on the year's biggest buyouts, in which litigation was brought before takeovers could be completed.


The Justice Department Stops South Carolina's Assault on Voting Rights

December 25, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in The Nation as agreeing with the U.S. Department of Justice’s decision to block a South Carolina law requiring voters to present photo identification. Takaji said, “If the effect is to make it more difficult for minorities to vote than was the case before, then the law presumptively violates the Voting Rights Act.”


Technology tests limits of Fourth Amendment rights

December 25, 2011

Featured Expert: Joshua Dressler

NJ.com mentioned Professor Joshua Dressler in a column analyzing whether an overuse of technology by law enforcement tests the Fourth Amendment’s right to privacy.

The column, which stems from a U.S. Supreme Court argument regarding whether law enforcement may put a GPS in someone’s car without a warrant, quotes Dressler saying courts are deeming warrantless searches as becoming more reasonable.


Possible new legislation for nonpartisan redistricting

December 23, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji, senior fellow at Election Law @ Moritz, was quoted in a Dix News Service article published by The-Daily-Record.com about a new ballot initiative that would make future congressional redistricting nonpartisan.

"The state legislature has left nothing but a big lump of coal in the stockings of all Ohio's citizens," Tokaji said. "And the only one with a gift under their tree this year are a few politicians and the party that is dominant in Ohio at the moment."


Only 3 of 16 districts competitive in new map

December 22, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji, a senior fellow at Election Law @ Moritz, was quoted in a Dayton Daily News article about recent analysis surrounding Ohio's new congressional districts. Findings showed only three of 16 districts would be competitive under a new map signed into law by Gov. John Kasich.

Tokaji, a part of the Ohio Campaign for Accountable Redistricting, called the map “a disgrace to our democracy.” Besides not being competitive, the new districts aren’t compact and don’t respect community boundaries, Tokaji said.


Year-End Surprises in Deal Law

December 21, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, writing as the Deal Professor for The New York Times DealBook, was "knee-deep" in grading when he wrote this column about a turn of events out of Delaware pertaining to three different cases.


Group says Ohio's new congressional map lacks competition, fairness

December 21, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Columbus Dispatch in an article about recent analysis surrounding Ohio's new congressional districts. Findings showed only three of 16 districts would be competitive under a new map signed into law by Gov. John Kasich.

Tokaji, a senior fellow at Election Law @ Moritz, said, “This is the worst example of elected officials serving their own craven partisan interests of anywhere in the country.”


Cracker Barrel board won't include Sardar Biglari

December 21, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff was quoted by The Tennessean in Nashville, Tenn., in an article about whether the denial of Cracker Barrel shareholder Sardar Biglari on the company's board would signal the departure of the "multi-millionaire [sic] takeover artist."

Davidoff, a financial regulation expert, said state and federal rules regulating the volume of a single shareholder’s stock would probably discourage Biglari from increasing his stake in Cracker Barrel in the days ahead. Acquiring more shares “would not make practical sense right now,” Davidoff said. “All the statutes would make it foolhardy to do so.”


Think Tank: In Revising Servicer Pay, FHFA Must Consider Consumer Impact

December 21, 2011

Professor Peter Swire was quoted by MortgageOrb.com in an article discussing  the alternative compensation models for mortgage servicers the Federal Housing Finance Agency's (FHFA) is considering.

Swire, a Center for American Progress senior fellow, said Fannie Mae and Freddie Mac's conservator must focus on the interest of consumers. 

“The new compensation system must provide incentives that protect borrowers during the three decades of the typical home loan,” wrote Peter Swire and Economic Policy analyst Jordan Eizenga.


Schools roundup

December 21, 2011

Featured Expert: Ruth Colker

Professor Ruth Colker's proposal to address the “learning disability” tangle on the Social Science Research Network was mentioned in the legal blog Overlawyered.com.


Montgomery, Greene Counties part of “competitive” U.S. House district

December 21, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by the Dayton Daily News in an article about two Ohio counties that are part of scant few "competitive" U.S. House districts under a new map designed by a Republican-controlled board. Montgomery, Greene, and part of Fayette County are part of the 10th District, according to the map. There are only three "competitive" districts based on recent analysis by the Ohio Campaign for Accountable Redistricting, of which Tokaji is part.

He called the map a “disgrace to our democracy” because of political gerrymandering.


Broken Justice

December 20, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander's 2010 book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness was quoted in an article on The Crime Report discussing the problems with America's justice system.

"[Alexander's] book peels back the mask of fair play and reveals exactly how the courts and legislative bodies have allowed these perversions of justice to occur," the article said.


Caucuses Will Still Lack Absentee Voting

December 18, 2011

Featured Expert: Daniel P. Tokaji

Professer Daniel Tokaji was quoted by TheNation.com in an article discussing the lack of absentee voting in caucuses.

According to the author, only 6 percent of eligible Iowans voted in the Iowa caucus in 2004 while 30 percent voted in the primary.

“One group that’s sure to be adversely affected is people with disabilities who have difficulty travelling to the caucus site,” says Tokaji, an election law expert. “For some people with disabilities, voting by mail is much more convenient, if not essential.”


OSU annouces new Kirwan Institute director

December 16, 2011

Featured Expert: Sharon L. Davies

Professor Sharon Davies was featured in an article in The Columbus Dispatch. Davies recently was selected as the next director of the Kirwan Institute for the Study of Race and Ethnicity, replacing Kirwan's founding executive director -- and outgoing Moritz law professor -- john powell.


Death-penalty opponents appeal to end the system

December 16, 2011

Featured Expert: Lawrence Herman

Professor Lawrence Herman was quoted by the Columbus Dispatch in an article pertaining to opposition of the death penalty.

According to the article, Ohio Supreme Court Justice Paul E. Pfeifer, family members of murder victims, and Death Row exonerees urged state lawmakers to abolish capital punishment.

Herman agreed with the opposition, saying he thinks capital punishment should be repealed.

"It's certainly likely ... that we have executed several persons that were factually innocent," Herman said.

The story was also carried on CorrectionsOne.com.


New Death Sentences Fall to Lowest Level in 35 Years .

December 15, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted by The Wall Street Journal in an article about a report finding a sharp drop in violent crime, the high cost of pursuing executions, and shifts in state sentencing laws have helped push the number of new death sentences in the U.S. to the lowest level in 35 years.

A sentencing-law expert, Berman said states are also turning away from the death penalty because capital cases can be extremely costly. "States are just taking a harder look than ever at whether an individual case is worth it," he said.


Death Penalty Author Testifies Against Law

December 15, 2011

Featured Expert: Lawrence Herman

Professor Emeritus Lawrence Herman's testimony on repealing Ohio's death penalty was included in a news story on WOSU 89.7.

"Hamilton County has 7 percent of Ohio's population but 19.7 percent of Ohio's death row population," Herman testified, "and 25 percent of the African Americans on death row."


Choice and Segregation

December 14, 2011

Professor john powell was quoted in a column appearing online at HuffPost Detroit about opening up schools to children in Michigan regardless of where they live. "Our fates are linked, and our futures are common," said powell, who does not capitalize his name.


The Obstacles in the Hostile Bid for Vulcan

December 13, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, writing as the Deal Professor for The New York Times DealBook, examines "an aggressive style of hostile offer we haven't seen lately" in the case of Martin Marietta Materials' $4.8 billion offer for Vulcan Materials.


U.S. Falls in Judiciary Rank as Senate Passes Defense Bill

December 13, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander was mentioned by Courthouse News Service in an article discussing  the National Defense Authorization Act of 2012, which would codify procedures for military detention of U.S. citizens.

Alexander's book, "The New Jim Crow: Mass Incarceration in the Age of Colorblindness," was quoted that more black men are in prison in the United States today than were enslaved in 1850.
 


Wall St.’s Odd Couple and Their Quest to Unlock Riches

December 13, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, the Deal Professor for The New York Times DealBook, wrote an article about private equity and public pensions.

In the article, Davidoff addresses the two as if they were an "odd couple" and chronicles their "dates."

"Private equity’s first date with public pensions was in 1981, when the Oregon Investment Council, the manager of Oregon’s pension fund, invested along with Kohlberg Kravis Roberts & Company to buy the retailer Fred Meyer," he wrote.


Academic Paper: US Sovereign Wealth Funds Fearful of Political Baggage

December 12, 2011

Featured Expert: Paul Rose

Professor Paul Rose's recent paper on political manipulation of foreign sovereign wealth funds was quoted extensively aiCIO.


Yahoo’s Alibaba Quandary

December 9, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, writing as the Deal Professor for The New York Times DealBook, considered what Yahoo could do with its 43 percent stake in Alibaba, the Chinese Internet giant.

"The stake, Yahoo’s crown jewel asset, is worth billions of dollars and provides the company a foothold into China. The problem is that Yahoo has an agreement that gives Alibaba’s shareholders the option to repurchase the stake through a right of first refusal. Alibaba’s chief executive, Jack Ma, desperately wants to acquire Yahoo’s shares and will no doubt try to exercise this right," he writes. "That means Yahoo’s options are even more limited than people think."


10 Questions for Jon Corzine

December 7, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, writing as the Deal Professor for The New York Times DealBook, offered up 10 questions the House Agricultural Committee should ask Jon S. Corzine, former chief executive of MF Global Holdings and a former Democratic senator from New Jersey -- provided Corzine would not plead his Fifth Amendment right against self-incrimination.


Limited Choices for Yahoo, Each One With Its Own Risks

December 6, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, writing as the Deal Professor in a column for the print edition of The New York Times, reveals why an auction would have been the cleanest transaction for the company as its board looks to make a deal and discusses options still remaining.


Crime doesn't pay

December 1, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman's theory that the decrease in violent crime nationally could, in part, be explained by people spending more time indoors with technological gadgets was referenced in a column in the magazine The American Spectator.

"Berman says people today spend less time outside where they might fall victim to violent crime, and more time inside at their computers, big-screen TVs, and video games. This may explain why, in my inner-city neighborhood at least, most crimes seem to be property related (smash and grabs from cars and stolen copper pipes from empty homes), instead of violent crimes."


Both sides insist judge make Ohio remap choice

December 1, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji, senior fellow at Election Law @ Moritz, was quoted in an Associated Press article about an Ohio congressman's request to have a judge put contested GOP-drawn congressional lines into place immediately. The state Democratic Party is trying to put the map's fate before voters next year and has asked for a lawsuit by a Republican voter over the boundaries to be dropped, painting it as premature.

Tokaji, a redistricting expert, said having a judge implement the GOP-drawn lines would usurp Ohioans' right under the state constitution to challenge laws with which they don't agree. "The lawsuit seems to be the wrong relief here," he said.

The article was published by Ohio newspapers, including The Plain Dealer in Cleveland and The Crescent News in Defiance.


Facebook May Be Forced to Go Public Amid Market Gloom

November 29, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, writing as the Deal Professor for The New York Times DealBook, discusses how Facebook's many shareholders could force the social media giant to undertake an initial public offering.

"Another Internet hot shot, Groupon, is trading below its offering price, and the market for Internet initial public offerings over all appears to be deflating. The European sovereign debt crisis isn’t helping the market gloom. The coming months are shaping up to be a bad time to undertake an I.P.O.," Davidoff writes. "Still, Facebook will almost certainly have to go public during this time whether it wants to or not — and whether or not it can get a valuation of $100 billion or more in doing so."


‘Going Dark’ Versus a ‘Golden Age for Surveillance’

November 28, 2011

Professor Peter Swire cowrote a piece for the Center for Democracy & Technology about law enforcement and national security agencies’ concerns over “going dark” if they lose the ability to wiretap and decode new forms of the Internet and other communications.

“This post, however, argues that ‘going dark’ is the wrong image,” writes Swire and coauthor Kenesa Ahmad. “Instead, today should be understood as a ‘golden age of surveillance.’ Compared with earlier periods, surveillance capabilities have greatly expanded.”


Crowded Prisons: Calif. Solving Problem If Not Cause

November 27, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was interviewed by NPR for a segment on California’s overcrowded prisons. Last year, the Supreme Court ruled the conditions in the Golden State’s prisons violated the Eighth Amendment’s ban on cruel and unusual punishment. Host Audie Cornish interviwed Berman, who says the popular "tough on crime" mantra helps explain why so many American prisons are over-capacity.


Abuse Claims Less Likely to Be Ignored

November 25, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted by The Wall Street Journal in an article about how a string of high-profile child-molestation cases does not portend to an increase in sexual-abuse crimes. Instead, experts say, society has become more aware of the threat of child sexual abuse, and far more aggressive about investigating and punishing it. Sentences have grown longer, and the number of people listed on sex-offender registries has jumped.

"A lot more untoward behavior towards kids is recast as a serious felony when maybe in the past it would be sloughed off as, 'There goes that crazy uncle again,' or variations on that theme," said Berman, an expert in criminal sentencing.


Judge keeps letters in MCSi case secret

November 23, 2011

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted by the Dayton Daily News in an article about a federal judge declining to release most of the 121 letters she received in support of former MCSi Inc. Chief Executive Michael E. Peppel, whom she sentenced to seven days in prison for the fraud that led to the company’s collapse. U.S. District Judge Sandra S. Beckwith ruled that the bulk of the letters are not public record.

A judge does have discretion to keep such documents private, but doing so deprives the public of access to information that judges use in sentencing criminals, said Ric Simmons, a former Manhattan prosecutor in New York City.

“People want to know why judges make decisions, and this is going to make it hard for them to understand,” Simmons said. “It’s perceived legitimacy, or public confidence, in the judiciary. That’s why we have open courts and public trials.”


Private Markets Offer Valuable Service but Little Disclosure

November 22, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, writing a column for The New York Times as the Deal Professor, discusses concerns surrounding private, closed markets that offer sophisticated investors the opportunity to buy shares in up-and-coming companies before their initial public offerings. But little information is provided about the companies.

“The S.E.C. thus faces a quandary. These private markets offer an increasingly desirable service by providing an outlet to sell shares in companies that do not want to subject themselves to the increased regulation and scrutiny that comes with being public,” Davidoff writes.

“Congress is considering a number of bills intended to make trading in these markets easier, and the S.E.C. is also reviewing its rules governing private markets. Congress may also want to consider enacting requirements for companies with shares actively trading on these markets to disclose sufficient information to allow informed trading. … Investors will otherwise remain in the dark, gambling without information.”

His column also was published by the Progressive Voices website.


Delaware Chancery Court Hears Cheers and Critiques at Columbia

November 21, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff’s research was mentioned in a Corporate Counsel piece published by Law.com about a gathering of the academic community and the Delaware Court of Chancery, the country’s premier business court, at Columbia University Law School.

William Savitt, a partner at Wachtell, Lipton, Rosen & Katz piqued the audience's interest with his hypothesis that the court functions, in some ways, like a regulator. This attribute of offering "prospective guidance"—combined with judges who are known for engaging with academics, practitioners, and writers in the blogosphere—functions almost like a "notice and comment procedure" that characterizes a regulatory body, said Savitt.

Savitt pointed to Davidoff’s research, showing the skyrocketing incidents of shareholders in public companies challenging deals through litigation. A decade ago, about one in 10 such deals inspired a lawsuit; by 2010, the litigation rate spiked to 84 percent.


Light sentence in MCSi case not typical of judge

November 20, 2011

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted by the Dayton Daily News in an article that also was published by the Middletown Journal. The piece focused on the seven-day prison sentence U.S. Disrict Judge Sandra S. Beckwith imposed on the former MCSi, Inc. ex-chief executive for his admission to crimes that led to the company’s collapse in 2003.

Sentences will vary because different sets of facts in various cases may justify a more or less severe punishment than the guidelines suggest, in the opinion of a judge who has heard the evidence, said Simmons, who was formerly a prosecutor in the Manhattan district attorney’s office in New York City.

“Every crime is unique, really,” he said.


Ticket tax would face several hurdles

November 20, 2011

Featured Expert: Stephanie Hoffer

Professor Stephanie Hoffer was quoted by The Cincinnati Enquirer in an article about a proposed ticket tax for events at the city’s riverfront stadiums. The tax, proponents argue, would offset a $14.2 million deficit faced by Hamilton County, but legal experts cautioned that lease agreement language might make collecting any ticket tax a worthless pursuit.

Hoffer said because the city charter already allows for an events tax, the teams should know it's possible to add additional taxes. Later, she questioned whether proponent Todd Portune's involvement means it's a county action. Portune is a county commissioner, but he insists he’s acting as an individual.

"He seems to be acting on behalf of his constituents, rather than as a private citizen," Hoffer said. "But the lease forbids him from acting on behalf of constituents, because in doing that he is acting as a commissioner."


Bulging Jails Are Other American Exception: Albert Hunt

November 20, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander was quoted by Albert Hunt, executive editor of Bloomberg News, in a column about the bloated prison system in the United States, its soaring costs in some areas, and the disproportionate number of minorities imprisoned. The column was published by The Miami Herald as well.

“We’ve had a race to incarcerate that has been driven by politics, racially coded, get-tough appeals,” said Alexander, who wrote “The New Jim Crow: Mass Incarceration in the Age of Colorblindness.”


Clergy, laypeople urge faith-based push for nonviolent initiatives

November 18, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander was quoted by Catholic News Service in an article that was published by U.S. Catholic. The piece was about the need for faith-based groups to pressure public officials to reduce violent crime rates in U.S. cities, which can stem from low-quality public education and mass incarceration of minorities.

Alexander, author of "The New Jim Crow: Mass Incarceration in the Age of Colorblindness," said the obstacles facing ex-inmates make it difficult for them to stay out of prison, including difficulty finding jobs.

"The question on the application is, 'Have you ever been convicted of a felony?'" Alexander said. "It doesn't matter if it was three weeks ago or 45 years ago, you have to check that box, knowing full well that the application is going straight into the trash can."

Alexander also discussed how some states prohibit ex-prisoners to live in publicly financed housing when they get out of jail.

"What do you expect folks to do? They go right back to prison. Seventy percent return within three years, and the majority who return do so in a matter of months because the challenges associated with survival are so immense. The worst is the shame and stigma that will follow you for the rest of your life."


A Complicated Maneuver for Control of Yahoo

November 15, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, writing as the Deal Professor for The New York Times DealBook, discusses the potential detour the Yahoo sale process might be taking.

“Instead of selling the company outright, Yahoo is reportedly contemplating a large sale of stock to one or more private equity firms using a controversial structure known as a PIPE, or private investment in public equity,” Davidoff writes.

“But does Yahoo’s latest turn mean battle-scarred shareholders will lose out on a valuable sale opportunity?”

The column also was published by International Business Times, an online global newspaper.


The Wisest Entrepreneurs Know How to Preserve Equity

November 15, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, writing as the Deal Professor for The New York Times Deal Book, discusses what is given up when entrepreneurs seek venture capital financing early in exchange for giving up part of their start-up.

“Success can spell the difference in billions. Andrew Mason, the chief executive and founder of Groupon, is worth $2 billion less than Eric Lefkofsky, the man who financed Groupon’s start,” Davidoff writes. “The multibillion-dollar difference is a result of a start-up’s need for capital at the embryonic stage.”

His column also was published by The Austin-American Statesman, The Wall Street Journal and numerous technology blogs and websites.


Simple Interest Loans Can Cause Hassles

November 11, 2011

Featured Expert: Vincene Verdun

Professor Vincene Verdun weighed in on a Columbus 10TV report about the complexities of supposed “simple interest loans” if borrowers miss a payment or ask for an extension.

"The interest is calculated based on the face amount of the loan and frequently it's spread over evenly throughout the whole life of the loan," said Verdun.


The biggest loser on Election Day in Ohio will be Gov. Kasich, OSU experts say

November 9, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji, senior fellow of Election Law @ Moritz, was quoted in an Examiner.com article about what Ohio Gov. John Kasich stands to lose in the Nov. 8 election, including the mandate he believes he has from voters to change collective bargaining rights for state workers.

"So much more is at stake beyond Issue 2 when voters go to poles on Tuesday,” Tokaji said, referring to election-law bills Kasich has signed into law this year.
 


Election Results: What 2011 Says About 2012

November 9, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by U.S. News and World Report in an article about voters ousting politicians and legislation that went to extremes. Tokaji, a senior fellow of Election Law @ Moritz, says it's important not to interpret the union win in Ohio over Republican Gov. John Kasich's proposal limiting public union rights as an endorsement of Democrats.

"I wouldn't use the election results in Ohio to predict an Obama victory in Ohio or elsewhere, but I do think that this is a good example of what can happen if one political party gets too greedy," he says. "It tends to trigger a backlash and right now Gov. John Kasich and Ohio's Republicans are licking their wounds."


Voters repeal Issue 2; 'the people have spoken'

November 9, 2011

Professors David Stebenne and Daniel Tokaji were quoted by The Lantern in a post-Election Day analysis about what the defeat of Issue 2 means for Ohio Gov. John Kasich and the 2012 presidential election year ahead.

"Issue 2 was the most extreme situation," Stebenne said. "We can't know for sure, but its rejection would hopefully mean all of its proponents, like Kasich, would regroup and propose something less drastic."

Tokaji, a senior fellow at Election Law @ Moritz, said the Issue 2 protestors are so proactive that it may affect the upcoming presidential elections. "Issue 2 has mobilized its progressives in the opposite direction," he said. "This could have major consequences for the 2012 presidential elections."

Stebenne said he had similar thoughts. "Everyone is looking to see what Ohio does in this election," Stebenne said. "The win is big for Obama. There has not been a Republican president to be re-elected who has not won Ohio."

Tokaji also said the loss will affect Republicans greatly. "What we saw tonight is Democrats used the ballot box to fight back against the Republicans who now dominate the legislature and the governor's office," he said. "They were able to rally up some people who felt very strongly about the issue and used it to their advantage."


Florida man gets life sentence for child pornography: Too severe?

November 8, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted by The Christian Post in an article about the life-in-prison sentence a Florida circuit court judge gave to a man whose home computer contained hundreds of pornographic images of children. Daniel Enrique Guevara Vilca, 26, would not be eligible for parole either.

Berman wrote about Vilca's case and whether the punishment fit the crime in his blog, Sentencing and Law Policy. “To me, a failure to distinguish between people who look at these dirty pictures and people who commit contact offenses lacks the nuance and proportionality I think our law demands," Berman wrote.


Ohio voters overwhelmingly reject Issue 2, dealing a blow to Gov. John Kasich

November 8, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji, senior fellow of Election Law @ Moritz, was quoted by The Plain Dealer in Cleveland in an article about voters’ rebuking Ohio Gov. John Kasich’s move to limit collective bargaining rights for state employees.

"I think there is no question this is a major black eye for the governor," Tokaji said. "He made the scaling back of collective bargaining rights really the signature issue of the first part of his administration, so this is a huge blow.

"The implications are quite significant and they really go beyond this issue," Tokaji said. "It will be a sign of a re-emergence of the Democratic party which has used the referendum to fight back despite Republicans controlling state government."


Civil rights author Alexander to discuss race, prisons

November 7, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander's pending appearance at the University of Louisville was previewed in an article on louisville.com. Alexander, author of the book The New Jim Crow: Mass Incarceration in the Age of Colorblindness, argues that the high percentage of African Americans in prisons, especially through the war on drugs, has created a new racial underclass that brings to life old forms of discrimination.


County plans to prevent provisional ballot problems

November 7, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Cincinnati Enquirer in an article about a juvenile judge race from 2011 that is still unresolved due to contested provisional ballots. Tokaji, a senior fellow at Election Law @ Moritz, called moves to curb provisional voting "a pathetic attempt to justify provisions that are likely to have vote suppressing effect."

"If you think we have equal protection issues now, they're going to increase" if proposed House Bill 194 goes into effect, he said. Tokaji also believes the law will result in more litigation over elections.


Former State Sen. Vincent J. Fumo's resentencing shines spotlight on judge

November 7, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted by the Philadelphia Inquirer in an article about the resentencing of state Sen. Vincent J. Fumo, which was prompted by the an order from the U.S. Court of Appeals for the Third Circuit. The reversal forces U.S. District Court Judge Ronald L. Buckwalter to consider giving Fumo more time or fix legal errors and reinstate Fumo's 55-month sentence.

"There's no doubt that the district judge doesn't like being told, 'You got a F on your paper, and now redo it,' " Berman said.


A Troubled Deal and the Law of Unintended Consequences

November 7, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, writing as the Deal Professor for The New York Times DealBook, takes a closer look at Skyworks Solutions’ attempt to escape its $262.5 million deal to buy Advanced Analogic Technologies. The May deal came with the caveat that any disputes between the two semiconductor companies would be subject to confidential arbitration before the Delaware Chancery Court.

“That fight is now occurring, with Skyworks asserting that Advance Analogic misstated its accounting numbers, and things appear to be going differently than either party intended. The law of unintended consequences is taking over because of the confidential nature of the Delaware proceedings,” Davidoff writes.

“Investors are looking for any snippet of information, while the companies themselves are selectively taking actions to buttress their case in the arena of public opinion. Meanwhile, a public interest group is suing the Delaware judges, contending that the confidentiality of these arbitration proceedings violates the constitutional requirement that judicial proceedings be open to the public.”


Editorial: Wisconsin must preserve impartiality of GAB

November 6, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an editorial by the Green Bay Press Gazette about a proposed bill that would exempt the Wisconsin Government Accountability Board administrative rules, including those covering recall elections, from Gov. Scott Walker's oversight before becoming policy. The board, which acts similarly to a board of elections, receives funding from the Legislature but is considered to operate independently.

The editorial grabbed a quote from Tokaji on the board's website: "The best American model is Wisconsin's Government Accountability Board, which consists of retired judges selected in a way that is designed to promote impartiality."


Does Possessing Child Porn Deserve Life Without Parole?

November 5, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted by The Crime Report in an article about the life-in-prison sentence a Florida circuit court judge gave to a man whose home computer contained hundreds of pornographic images of children. Daniel Enrique Guevara Vilca, 26, would not be eligible for parole either.

Berman wrote about Vilca's case and whether the punishment fit the crime in his blog, Sentencing and Law Policy. “To me, a failure to distinguish between people who look at these dirty pictures and people who commit contact offenses lacks the nuance and proportionality I think our law demands," Berman wrote.


S.B. 5 fight unlikely to be unions' savior

November 4, 2011

Featured Expert: Charles E. Wilson

Professor Charles Wilson was quoted in a Columbus Business First article about how repealing Ohio's Senate Bill 5, should it happen on Nov. 8, would not be enough to turn the tide on membership losses unions have suffered and other challenges presented in today's world. “I can’t envision it would have much of an impact,” Wilson said.


Voter's lawsuit could play role in Ohio map spat

November 4, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji, senior fellow at Election Law @ Moritz, was quoted by The Associated Press in an article about a Clermont County lawsuit in which a Republican voter is suing the governor, state elections chief, and Legislature, alleging that Ohio's lack of a congressional map will render the 2012 unconstitutional. The plaintiff wants a judge in her county to draw up a new map. The piece was published in the Dayton Daily News.

Tokaji said the lawsuit appears to be an effort to ensure that any revised map remains favorable to Republicans. "It looks like a rat and smells like a rat. It has the marks of a collusive lawsuit brought by a Republican against Republicans in a court likely to tilt to Republican interests," he said.


Life Sentence for Possession of Child Pornography Spurs Debate Over Severity

November 4, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted by The New York Times in an article about the life-in-prison sentence a Florida circuit court judge gave to a man whose home computer contained hundreds of pornographic images of children. Daniel Enrique Guevara Vilca, 26, would not be eligible for parole either.

Berman wrote about Vilca's case and whether the punishment fit the crime in his blog, Sentencing and Law Policy. The following excerpt was quoted by The Times: “To me, a failure to distinguish between people who look at these dirty pictures and people who commit contact offenses lacks the nuance and proportionality I think our law demands."


Voters will face full ballots Nov. 8

November 3, 2011

Featured Expert: Charles E. Wilson

Professor Charlie Wilson was listed in This Week Community Newspapers as one of four candidates vying to be elected on the Worthington Board of Education. The article noted Wilson had been appointed to the board five years ago.


Sexual Harassment: Where Is Line Drawn?

November 2, 2011

Featured Expert: L. Camille Hébert

Professor Camille Hebert was quoted in an ABC News article regarding what behaviors are considered sexual harassment. The article especially drew attention to Herman Cain, republican presidential candidate. Hebert was cited saying too much emphasis is put on legal definitions of sexual harassment because courts won’t act on sexual harassment claims unless they involve “actionable” behaviors.

Hebert said, “I always say, sort of jokingly, if you weren’t doing it in front of your mother, you shouldn’t’ do it. If it’s behavior that you have to go, ‘I wonder if this is OK,” the answer has to be no.”


‘Felon’ Is the New N-Word

November 2, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander was quoted in an article on Urban Faith, an online newsletter, about the incarceration of people of color. Alexander's latest book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness, was discussed, and the author quoted a recent speech she delivered at Princeton University.

"People of color are no more likely to use or sell drugs than whites. The color blind veneer of the system has made us blind to how racial bias permeates the system. We have to deal with the shame and stigma that keeps people silent,” she said.


The Cost of Death

November 1, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was cited in a piece published by Boston Review, the literary magazine, about capital punishment. "Berman has calculated that about one in ten thousand state felony sentences is a death sentence, yet the Court devotes more resources to reviewing death sentences than to reviewing claims in all other criminal cases combined," the article states.


21 named to review death penalty in Ohio

November 1, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman has been tapped for a joint task force examining whether Ohio's death penalty is administered in the most fair and judicious manner possible, as reported by The Columbus Dispatch. Berman is one of only two professors named to the task force this week by the Ohio Supreme Court and the Ohio State Bar Association.


PLO to seek membership in more UN agencies

November 1, 2011

Featured Expert: John B. Quigley

Professor John Quigley was quoted in an Aljazeera article for his legal expertise and participation in an ICC-sponsored debate on the Palestine issue at The Hague last October.

The article, about the Palestine Liberation Organization’s intent to seek membership in more than a dozen United Nations organizations despite not being a member of the UN, quoted Quigley, "This is a determination by the same states that are members of the U.N. General Assembly."

If such organizations recognize Palestine, they will lose U.S. funding because Washington is barred by law from funding U.N. organizations that fully recognize Palestine, according to the article.


Olympus Scandal Reveals How Little Japan Has Changed

November 1, 2011

Featured Expert: Steven M. Davidoff

In an article in The New York Times’ DealBook, Professor Steven Davidoff examines the views of Michael Crichton’s book, “Rising Sun” in conjunction with the Olympus scandal.

“The Olympus scandal exposes the all-too-cozy nature of Japanese business that was subject to so much praise in the 1980s. Japanese corporations are dominated by insiders, and companies are often run for the benefit of these insiders rather than shareholder interests,” the Deal Professor writes.


Victims of MCSi criticize sentence given to ex-chief executive

October 31, 2011

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in a Dayton Daily News article about MCSi Inc.'s ex-chief executive Michael E. Peppel receiving a seven-day prison sentence for the elaborate fraud he committed. Peppel’s sentence could give the impression that white-collar crime won’t be firmly punished, Simmons said. “I can see how people could perceive a double-standard, in that these kinds of deviations are unusual,” Simmons said. “If I were the prosecutor, I’d be shocked.”


Hundreds Of Convicted Sex Offenders Off The Charts

October 31, 2011

Featured Expert: Joshua Dressler

10TV referred to Professor Joshua Dressler as “one of the most respected authorities of criminal law in the U.S.” in a report about the Ohio Supreme Court’s decision to make it legal for sex offenders convicted before 1997 to drop off the Ohio sex offender registry, leaving such offenders’ locations unknown to the public.

Dressler was cited explaining the Ohio Supreme Court’s decision to overturn the previous law requiring sex offenders to register. He said requiring offenders to register violated the Ohio Constitution.

"They seem to have carefully considered both the concerns of society to be protected but also the concerns of the individuals who has to register to make sure they are given their due process and their constitutional rights," Dressler said.


U.S. mustn’t act against Iran without more proof

October 28, 2011

Featured Expert: John B. Quigley

Professor John Quigley wrote an opinion piece that was published by the Grand Forks Herald in North Dakota and the online news site JuneauEmpire.com in Alaska about why the United States should refrain from moving against Iran over an alleged plot to kill the Saudi Arabian ambassador.

"The State Department has been saying that the plot is an international crime," Quigley writes. "The relevant international document is the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons. ... The convention requires states to punish murders of diplomats, including attempts. But the convention does not mention conspiracy. So, the act charged against the Texan-Iranian would not be a crime in many countries and is not a violation at the international level."


US needs more evidence of Iranian plot before escalating conflict in Middle East

October 27, 2011

Featured Expert: John B. Quigley

Professor John Quigley wrote an article published in JuneauEmpire.com. The article, which weighed on U.S. plans to move against Iran, elaborated on an incident of an Iranian-Texan offered $100,000 to assassinate the Saudi Arabian ambassador.

Even if there was an assassination plot, and even if Iran was behind it, military action against Iran would be the wrong move. You can’t attack a country over an incident of this sort,” Quigley writes.


Keep Your Home in California helps many, but critics say program slow to grow

October 26, 2011

Professor Peter Swire was quoted by The Sacramento Bee in an article about homeowners in California keeping their homes through a state program funded by $2 billion in federal stimulus funding. Swire, a former White House advisor to President Barack Obama on loan modifications, said he believes principal reductions are among the best ways to keep distressed borrowers in their homes.

"When a family is way underwater on their mortgage, they realize that they probably will never again have equity in that house," said Swire. "Principal reduction takes underwater families and puts their noses above water."
 

 


Ohio remap dispute churns toward legal showdown

October 26, 2011

Featured Expert: Edward B. Foley

Professor Edward Foley, director of Election Law @ Moritz, was quoted by the Toledo Blade in an article about the ongoing debate surrounding Ohio's congressional map. The map was recently redrawn by a Republican majority and roundly criticized by Democrats who are willing to put a referendum on next year's ballot. Because that is well after the the 2012 congressional elections would begin, the likelihood of a state or federal court intervening increases.

The judge or judges would have several options, including imposing their own map, he said, but don't expect the judge to draw his own. "He would probably appoint a special master, which has been done in the past. He will try to have a reputation of neutrality. He won't want to be seen favoring one party or the other when they do this," Foley said.

"The court may entertain submissions both from the parties and public," he said. "Once in this terrain, the court would have what are called equitable powers because this would be seen as an emergency situation where all bets are off."

 


Directors Behaving Badly: Rajat Gupta Faces Criminal Insider Trading Charges

October 26, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff was quoted in Forbes from his column in New York Time’s DealBook. The Forbes article, about Rajat Gupta facing criminal insider trading charges, referenced Davidoff’s writing that former directors are not to blame for the collapse of institutions during the financial.


OUR VIEW: Lawmakers must improve election process; here's how

October 25, 2011

Election Law @ Moritz was cited by The Star Press in Muncie, Ind. in an editorial about election laws that should be changed, including the suggestion that Indiana should take an idea from Ohio and require names appearing on ballots be rotated in regard to their position.

The newspaper's editorial board stated, "According to Election Law @ Moritz, part of the Moritz College of Law at The Ohio State University: 'Studies have shown that being the first candidate listed for a race can give a candidate a 2-3 percentage point advantage. Perhaps this benefit occurs because Americans tend to review most information in their lives in a top-to-bottom, left-to-right way, and -- especially in less-publicized races -- may simply decide that the first candidate is 'good enough' without reviewing the rest of the candidates.' "


Banks May Be Target of Their Own Tactic: Advocating a Breakup

October 25, 2011

Featured Expert: Steven M. Davidoff

“Will Wall Street remain immune to the product it is selling to the rest of corporate America?” Professor Steven Davidoff asks in an article as The New York Times’ Deal Professor. The article, which appeared online and in print in The New York Times’ DealBook, elaborates on why Wall Street bankers push spinoffs and the effects such spinoffs have on stock prices of banks themselves.


Law professor: Ohio’s anti-labor law SB5 will deplete public-sector union political, member strength

October 21, 2011

Featured Expert: Charles E. Wilson

Professor Charlie Wilson was quoted by The American Independent in an article about the future of public sector unions in Ohio should Senate Bill 5 not be repealed on Nov. 8 as voters cast their decisions related to Issue 2. The bill not only strips public-sector unions of virtually all of their power to bargain collectively, but it will also greatly diminish their political power and could result in their demise altogether, the article stated.

“There will be no public-sector unions in Ohio after a couple of years,” said Wilson, a labor and education law professor. “I don’t think under Senate Bill 5 there will be any benefits [in being in a union] for the simple reason that you can bargain all you want but management gets to call all the shots,” said Wilson. “I don’t think anybody is going to see any benefit in joining the union. They will be become effectively social clubs.”


Corporate Governance Issues Grow More Complex

October 21, 2011

Featured Expert: Steven M. Davidoff

A column was published in the New York Times’ DealBook based off a speech given by Professor Steven Davidoff. In Davidoff’s speech to a conference hosted by Institutional Shareholder Services on corporate governance, he explains the unintended consequences that arise from corporate governance becoming more complex.

“In my mind, the biggest corporate governance concern should be whether a specific corporate governance provision adds value to the corporate enterprise,” Davidoff says.


No-reason absentee voting proposal comes with a catch

October 20, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Michigan Messenger in an about absentee voting reforms in Michigan that would allow citizens to vote absentee for any reason, provided they pick up those absentee ballots in person. Most states already have no-reason absentee voting, and most, if not all, allow people to request their ballots by mail, said Tokaji, a senior fellow with Election Law @ Moritz.

Requiring some people to pick up their ballots in person “significantly limits the utility of no reason absentee ballots,” he said, even if it does provide a safeguard against voting fraud. “I don’t want to present the misleading idea that voting fraud is common,” he said. “It’s not, but in those instances where voter fraud has been demonstrated it almost always involves absentee ballots.”


Great-Grandmother Is Object of Dispute in Ohio’s Union Fight

October 19, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji, senior fellow at Election Law @ Moritz, was quoted by Bloomberg News Service in an article that ran in Bloomberg Businessweek as well. The article was about a great-grandmother from Cincinnati whose statements for a political advertisement supporting the referendum of a state law that would imit collective bargaining for public employees was taken and used by the other side.

Whether the First Amendment protects the re-use of the footage isn’t clear, Tokaji said. “I don’t think this campaign ad is false,” he said. “The real question is whether it’s misleading, and that’s a question on which I think reasonable minds might differ.”


Ohio Republicans ponder next move as Democrats vow to take new congressional map to ballot

October 18, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Plain Dealer in Cleveland in an article about Ohio Democrats' promise to collect enough signatures to block a new congressional map at the ballot in 2012.

If Republicans don't reach an agreement with Democrats on a new map, they likely would end up in federal court under a constitutional challenge, said Tojaki, an elections law expert and senior fellow at Election Law @ Moritz. "I think that is the most likely legal outcome assuming they gather enough signatures for a referendum," he said.


Ohio Dems give GOP deadline to deal on new map

October 18, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji, a senior fellow at Election Law @ Moritz, was quoted by The Associated Press in an article about Democrats demanding to know whether Republicans are willing to compromise on a new congressional district map for Ohio. The current map is on hold after an Ohio Supreme Court ruling finding that it is subject to possible repeal by voters.

Tokaji said it is very unlikely Ohio will enter the 2012 presidential election year wtihout congressional districts. If the state did nothing and left the old congressional districts in place - which were drawn using population counts from 2000 - Ohio would be in violation of the U.S. Constitution, he said.

When asked whether he thought candidates would end up having tor furn for all 16 congressional seats statewide without any districts in a free-for-all, he laughed and said, "I guess you could. I don't think there are any constitutional barriers."


As Economy Goes, So Go Takeovers, Even as Bargains Abound

October 18, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff compares the merger market to a pack of lemmings in an article for The New York Times’ DealBook. The article was also referenced on Bain & Company’s website for Davidoff’s mentioning of the firm’s 2011 Global Private Equity Report.


Court ruling throws 2012 elections into chaos

October 16, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Cincinnati Enquirer in an article about the Ohio Supreme Court's decision to allow Democrats to use a petition drive to stop the Republican congressional redistricting plan -- a move that some say will throw 2012 congressional elections into chaos. Tokaji, a senior fellow at Election Law @ Moritz, said he believes the Ohio Supreme Court was “dead-on right” in its decision.

“If there is anything surprising about this, it’s the fact the Republicans thought they could get around the possibility of having a referendum,” he said. “If there is chaos, it is entirely of the legislature’s making.”


California's execution machine could crank up

October 15, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted by the San Jose Mercury News in an article about a dozen death-row inmates who have exhausted their appeals and could be executed if a legal challenge to California's lethal injection method is resolved. Based on Ohio's experience, California could simply just grow accustomed to executions, with positions for and against the death penalty remaining firmly entrenched across the state.

"As you have a couple, people get exhausted," said Berman, a sentencing expert. "There's always less attention for No. 2 and No. 3 and No. 5. You get less of a fight progressively down the line."


Florida firing squads? What has death penalty supporters all riled up?

October 15, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted by The Christian Science Monitor, an international newspaper published online daily and weekly in print, in an article about a proposed bill in Florida that would replace lethal injection with death by either electrocution or firing squad.

Extreme remarks about the death penalty are merely “red meat for a political conversation,” said Berman, a sentencing expert. “That is part of the broader story of the death penalty. It is much more about rhetoric than reality,” he said.


What kind of board member will Chelsea Clinton be for IAC?

October 15, 2011

Featured Expert: Steven M. Davidoff

A column written by Professor Steven Davidoff for The New York Times was published in full by The Seattle Times. The piece discusses Chelsea Clinton's appointment to the board of Internet media conglomerate IAC/InterActiveCorp and what pitfalls and profits come with celebrity board members.


Experts: Unclear whether use of Ohio grandma OK

October 14, 2011

Professors David A. Goldberger and Daniel Tokaji were quoted by The Associated Press in a wire story about deuling groups in the Issue 2 fight in Ohio using the same video clip of a Cincinnati great-grandmother to drum up support for their respective sides. The article was published by The Huffington Post, CBSNews.com, KRSO.com in Santa Rosa, Calif., andThe Republic in Columbus, Ind.

The controversy surrounds statements Marlene Quinn made for a political advertisement for We Are Ohio, the union-backed coalition fighting to repeal a law that would limit collective bargaining rights. Building a Better Ohio, a group defending the law, recut the footage for its own commercial, claiming the law will help, not hurt, firefighter staffing.

"I think her having thrown herself into the debate ... there's a First Amendment right to use her in response," Tojaki said.

Goldberger, agreed, saying as long as Building a Better Ohio used Quinn's image truthfully, the ad was fine.

"I don't think it's any different from her appearing in an interview and someone rerunning it on YouTube," Goldberger said.

However, in a letter to TV stations asking them to pull the ad, attorneys for We Are Ohio wrote that the way Quinn's image was used was "false and misleading." Goldberger said if a court or the Ohio Elections Commission decides that is true, Quinn could have grounds for a legal claim.


Analysis: Why the president was right

October 13, 2011

Featured Expert: John B. Quigley

Professor John B. Quigley co-authored with Gabi Fahel a piece for Ma'an News Agency about President Mahmoud Abbas' decision to request UN membership for Palestine at the Security Council. The two say it is the right decision.

"Abbas has clearly exhausted every bilateral avenue to responsibly move the peace process forward and he has now prudently reached the conclusion that international consensus is not enough. He has concluded that it is now time for active international engagement beyond the confines of the bilateral negotiations box," they write.


Michelle Alexander: More Black Men Are In Prison Today Than Were Enslaved In 1850

October 13, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander and her book "The New Jim Crow: Mass Incarceration in the Age of Colorblindness" were featured prominently in an article and video news clip on The Huffington Post. Alexander has concluded that more black men are behind bars or under the watch of the criminal justice system than there were enslaved in 1850.


Galleon Chief Sentenced to 11-Year Term in Insider Case

October 13, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted by The New York Times DealBook about the prison sentence for former hedge fund billionaire Raj Rajaratnam. The 54-year-old former head of the Galleon Group hedge fund was sentenced to 11 years in prison Thursday, longest prison sentence ever for insider trading. A jury convicted Rajaratnam of securities fraud and conspiracy in May after a two-month trial.

“Often the question is raised, ‘Why shouldn’t crime in the suites be punished as severely as crimes on the streets?’ ” said Berman, an expert in sentencing. “While that sounds like a sound bite, it’s an important question.”

He later added: “Unless people can identify lost money as a result of insider trading, or have had their savings stolen by (Bernard) Madoff, they don’t view their own economic difficulties as being caused by a few bad apples. They see the problems with our economy and financial markets as far more systemic than that.”


Rajaratnam sentenced to 11 years for insider trading

October 13, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted by the website Main Justice, which covers insider news about the U.S. Department of Justice. In a story about former hedge fund billionaire Raj Rajaratnam's sentencing of 11 years in prison for insider trading, the site picked up a quote Berman gave The New York Times on the subject.

“Unless people can identify lost money as a result of insider trading, or have had their savings stolen by (Bernard) Madoff, they don’t view their own economic difficulties as being caused by a few bad apples," said Berman, an expert in sentencing. "They see the problems with our economy and financial markets as far more systemic than that.”


Robert Johnson, First Black American Billionaire, Proposes Plan To Reduce Black Unemployment

October 12, 2011

Professor john. a. powell was quoted in a piece by The Huffington Post about billionaire CEO Robert Johnson's "RLJ Rule," which calls for Fortune 1000 companies to voluntarily consider more diverse pools of qualified candidates when filling senior-level job openings and hiring contractors. powell, who is the executive director of the Kirwan Institute of the Kirwan Institute for the Study of Race and Ethnicity, argued the rule does not address crippling levels of joblessness among black workers with less education.

"Johnson has signed on to the idea of trickle down," said powell, who does not capitalize his name. "But trickle down, as we can all see, does not work."


New Voting Laws May Disenfranchise Millions of Americans

October 12, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by PolicyMic.com in a piece about laws threatening gains in voter participation. Tokaji, a senior fellow at Election Law @ Moritz, said, “There is considerable evidence about who doesn’t have government-issued photo ID, which shows that certain groups – such as elderly, disabled, minority, and poor voters — are likely to be especially hard hit."


New book explores black men in jail outnumbering slaves in 1850

October 11, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander and her book "The New Jim Crow: Mass Incarceration in the Age of Colorblindness" were cited in a piece by NewsOne.com, a news website for the African-American audience.


TV ads put Northside woman at center of SB 5 fight

October 11, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Cincinnati Enquirer in an article about a pro-Issue 2 political advertisement that used video footage of a great-grandmother who appeared in an ad for the other side.

Marlene Quinn initially taped an ad for We Are Ohio, a group against limiting collective bargaining for public employees. The Better Ohio campaign, which supports Ohio Senate Bill 5, asserts it has a legal right to use Quinn's image and voice because she went beyond talking about a personal issue and entered the political realm.

That may be true, said Tokaji, an elections law expert. He said the First Amendment’s protection of political speech is a “plausible argument” for allowing Better Ohio to use the material.

Acknowledging that the legal argument is a gray area because “there is not a lot of case law” specific to this kind of incident, Tokaji said, We Are Ohio would have to prove Better Ohio recklessly disregarded the truth. That’s a higher standard of proof than proving the ad is misleading, “which is in the eye of the beholder.”

 


Proposed change to Ohio Constitution debated

October 10, 2011

Featured Expert: Ruth Colker

Professor Ruth Colker was quoted by the Toledo Blade in an article about whether a state issue that would prevent leaders from implementing President Obama's health care law would withstand a U.S. Supreme Court ruling declaring the law constitutional. If the nation's high court decides Congress did not step beyond its authority in enacting the law, then even a state constitution can't stand in its way.

"You can't pick and choose federal statutes that you don't like," said Colker, a constitutional law expert. "We're a union."


DealBook Celebrates 10-Year Anniversary

October 7, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff was declared a "must-read columnist" in a letter to The New York Times DealBook readers on the occasion of the newsletter's 10th anniversary.


Del Monte Settlement Highlights Risk in M.&.A. Advice

October 7, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote about Del Monte Foods and Barclays Capital's $89.4 million settlement in the sale of Del Monte to Kohlberg Kravis Roberts & Co. in a blog entry as the Deal Professor for The New York Times DealBook. "The settlement is one of the largest in connection with a deal on record," Davidoff writes. "It is certainly a big number. But does it mean anything for deal-making going forward?"


Charlie Wilson nominated for OSBA post

October 6, 2011

Featured Expert: Charles E. Wilson

Professor Charlie Wilson was featured in ThisWeek Community Newspapers after being nominated the 2012 president-elect nominee of the Ohio School Boards Association (OSBA). If elected in November, he will become president in 2013 and have influence in state and national decisions regarding education.

“I will be working with the governor to have a formula that lasts for a while,” Wilson said. “They said there is no better person to represent Ohio’s public schools."


Columnist: Chelsea Clinton 'Didn't Earn' IAC Board Seat, But Could Still Add Value



October 5, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff was quoted in the Hollywood Reporter about the appointment of Chelsea Clinton to the IAC Board. “The real question is whether Ms. Clinton can act independently and provide value to the IAC board,” Steven Davidoff, a commentator for the New York Times’ DealBook, wrote late Tuesday. “While there are many doubts on that score - and while Ms. Clinton clearly did not earn this position - she can still demonstrate that she is up to the task.”


A Strange Lesson From Renaissance Learning

October 4, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote a column in the New York Times about the purchase of Renaissance Learning by Permira even though there appeared to be a higher offer by Plato Learning Inc. Professor Davidoff discusses the possible reasons and consequences as to why in his column.


Wilson has shot at leading state school boards association

October 4, 2011

Featured Expert: Charles E. Wilson

Professor Charles Wilson was featured in a Suburban News Publication article about his run for President of the Ohio School Boards Association.


GOP gets head start in races

October 4, 2011

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the Cincinnati Enquirer about the initial redistricting plans proposed by Ohio Republicans. The plans from the Ohio Campaign for Accountable Redistricting are better, said Daniel P. Tokaji, an elections expert and professor at Ohio State University's Moritz College of Law. "In their fairness and competitiveness, these plans are demonstrably superior to the one that this board has released," he said in testimony to the board. Tokaji is not associated with the Ohio Campaign.


Abortion debate foes tap into technology to serve their beliefs

October 3, 2011

Featured Expert: Ruth Colker

Professor Ruth Colker was quoted by the Toledo Blade in an article pertaining to abortion laws. According to the article, many abortion-rights opponents are trying to use advanced ultrasound technology to persuade women and lawmakers to shun abortion earlier post-conception. So far, they aren't having much luck, according to Colker.

"What the court has continued to say, even though states aren't happy about it, is when states try to limit abortion after viability they still have to allow an exception for the health and well-being of the mother," said Colker, an expert on constituional law.


Issue 3 called symbolic

October 2, 2011

Featured Expert: Ruth Colker

Professor Ruth Colker was quoted by The Cincinnati Enquirer in an article about how the outcome of Issue 3 likely will result in a court battle regardless of which side wins. If the amendment passes, opponents are likely to challenge it on grounds that state voters cannot refuse to follow a federal law. If the amendment fails, both sides will continue to argue in federal court over a key provision of the health care law that requires people to buy health insurance.

"This is sort of a waste of voters' time, because what the voters do won't matter," said Colker, a law professor who specializes in constitutional law. "People are wanting to express their opinion, but I'd say this is a symbolic gesture."

She said the most important fight is the one now under way in the federal courts over the so-called "individual mandate," which requires Americans to buy at least a basic health insurance policy.


He's Dead, But Is It Legal?

October 1, 2011

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in The Real News.com about the killing of U.S.-born Islamist cleric Anwar al-Awlaki in Yemen. Professor Shane said  “I don’t think there’s much real doubt that the killing was lawful. The right to use military force for national self-defense is recognized by Article 51 of the United Nations Charter. The Authorization to Use Military Force enacted in the wake of 9/11 explicitly authorizes the President to use “all necessary and appropriate force against those . . . organizations . . . he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, . . . in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.”

He concluded: “There is no question that this authorization allows the use of military force against al Qaeda, and it likewise seems beyond dispute that al-Awlaki sought out and played a leadership role in al Qaeda or a co- belligerent organization, continuing to both plan and call for attacks against the United States and Americans. As a citizen of the United States, al- Awlaki may well have been entitled to some form of ‘due process’ in the determination that he was actually at war with the United States; I imagine that what due process requires in cases like his, however, is a course of fact- finding within the executive branch that is stringent in its rigor and intensity. I would be surprised to learn that such fact-finding had not taken place, especially since the facts justifying his targeting seem clear.”


Civil rights lawyer, author to give Anne Braden lecture

September 30, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander was featured in a Louisville Courier-Journal article discussing her upcoming lecture on the mass incarnation of African Americans during the fifth annual Anne Braden Memorial Lecture Nov. 10 at the University of Louisville.


Arizona City Bans Convicted Sex Offenders From All Public Facilities

September 30, 2011

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in the ABA Journal about an Huachuca City, AZ law that bans sex offenders from all public facilities. The law is a "uniquely broad" one, says Ohio State University law professor Douglas Berman.


Woman Claims She Was Fired Because She Didn't Recover Fast From Surgery

September 29, 2011

Featured Expert: L. Camille Hébert

Professor Camille Hebert was quoted in a Channel 10 piece about a woman who stated she was fired for not recovering from surgery fast enough.  Camille Hébert, who teaches employment law at The Ohio State University, said employers have a lot of freedom in Ohio. "Generally the rule in Ohio, as in most places, is what's called employment at will." said Hebert, "You can fire an employee anytime, for any reason."

 


Chinese Policies Put Squeeze On the Banks

September 29, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, in his weekly column for The New York Times, wrote about globalization's positive effect on Wall Street. But, he pondered, "Can Wall Street continue its winning streak? The question boils down to whether it can succeed in Asia, particularly in China."


Meeting to explore racial disparities

September 28, 2011

Professor john powell was mentioned in a Cinncinnati Enquirer article about an upcoming lecture he is giving at a summit called "Justice for All: A Summit on Racial Justice, Opportunity and Equity."


Cracker Barrel Uses Soft Touch to Keep Pursuer at Bay

September 28, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote a column for the New York Times Dealbook about the efforts of the Cracker Barrel Old Country Store to fend off a siege by activist force Sardar Biglari, which operates Steak 'n Shake.


APNewsBreak: Ohio Dems sue over congressional map

September 28, 2011

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an Associated Press article about a lawsuit filed by Ohio Democrats over a last-minute legislative maneuver by Republicans to shield Ohio's new congressional map from ballot challenge. Ohio State University law professor Dan Tokaji has said the Supreme Court ruled in 2009 that only the appropriation portion of an appropriation bill is safe from voter repeal, not the rest of the legislation.



 

 


A $50 Billion Claim of Havoc Looms for Bank of America

September 27, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote a column for the New York Times about the Bank of America's potential liability related to its acquisition of Merrill Lynch. The lawsuit, brought by Bank of America shareholders, claims the bank and its executives failed to disclose a $15.31 billion loss that Merrill in the days before and after the acquistion. "Whatever the outcome of this case, it appears that Bank of America shareholders were sacrificed in December 2008 so that the Merrill deal could be completed. The bill may now be coming due for Bank of America," Davidoff wrote.


New map gives GOP advantage in Columbus

September 27, 2011

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Dayton Daily News article about the release of Ohio's new congressional map. Dan Tokaji, a professor at the Moritz College of Law at Ohio State University, called the map “a classic partisan gerrymander.” “They’ve packed Democrats tightly into a few districts and given Republicans a solid majority in most of the rest,” said Tokaji, an expert in election law and an advocate for redistricting reform. But, he said, Democrats have been “as guilty at gerrymandering in the past.” “Democratic oxes are being gored now,” Tokaji said. “This should teach us all that we need redistricting reform. We need to put control in the hands of people without a vested interest in the result.”


Freddie Mac report could raise claims against BofA

September 27, 2011

Professor Peter Swire was quoted in a Reuters article about Freddie Mac's loan review process months before the FHFA reached a $1.3 billion settlement with Bank of America over poorly underwritten mortgages. "The report suggests that Freddie Mac did not receive full value," said Peter Swire, a law professor at Ohio State University in Columbus, Ohio.


Ohio Governor Earning Reputation for Clemency.

September 27, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted by The Wall Street Journal in an article detailing Ohio Gov. John Kasich's decision to grant clemency to two death-row inmates within a four-month span. According to the article, Kasich also stepped in to help reduce the charges of Kelley Williams-Bolar of Akron, Ohio, who faked her home address to get her children into a different public school.

“This is unprecedented in modern times,” said Berman, author of the blog Sentencing and Law Policy, of the clemencies given in the short amount of time.

Berman added that when factoring in the Kelley Williams-Bolar decision, the governor seems particularly willing to hear pleas of leniency.


Dems may sue over GOP remap

September 26, 2011

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Cincinnati Enquirer article about a possible lawsuits by Ohio Democrats over a Republican plan to redraw House and Senate districts. Daniel P. Tokaji, an elections expert and professor at Ohio State University's Moritz College of Law, said the board's process is defective because it "has left precious little time for people to analyze the plans, much less assess any potential violations of federal or state law." He told the board, "The role of government is to serve the interest of the people, not the self-interest of incumbents or the party in power.... The people of Ohio should have a meaningful say - and I emphasize the word 'meaningful' - in the lines that will so deeply affect our fundamental right to vote."


Should the U.S. halt the use of unmanned ‘killer’ drones'? Pro: They make war too easy

September 26, 2011

Featured Expert: John B. Quigley

Professor John Quigley wrote a column published by several news outlets including the Arizona Daily Star in which he discusses the use of unmanned drones in war.   "...there is a downside. Drones, say critics, make war too easy. If a president doesn't have to be concerned about putting our youth 'in harm's way,' it becomes much easier to go to war. Congress may lose control," he wrote.

 

Boehner to have wider constituency

September 25, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by the Dayton Daily News in an article discussing Speaker of the House John Boehner's wider constituency following Ohio's redistricting. According to the article, Dayton's black community was split, which may have been a way for Republicans to protect their seats.

Tokaji said that contesting the split was going to be a dificult argument.

“You’ve got to be sufficiently concentrated so that you can draw a compact district with a majority of African-Americans or whatever the minority group in question is,” he said.


Winner Wouldn’t Take All as Pennsylvania Republicans Eye Electoral Votes

September 23, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel P. Tokaji was quoted by Bloomberg in an article discussing laws pertaining to electoral votes. According to the article, Pennsylvania Republicans are fighting to eliminate the winner-take-all system for electoral votes.

Pennsylvania has picked a Democratic candidate in each of the past five races, and eliminating the winner-take-all system would likely assure the Republican candidate of at least some votes because of the way some boundaries within the state are drawn to preserve party dominance.

“They’re all motivated by the same agenda to increase Republican share and representation,” said Tokaji, a senior fellow with the Election Law @ Moritz center.


Lawyers Look to US for Phone Hacking Justice

September 23, 2011

Featured Expert: Christopher M. Fairman

Professor Chris Fairman was quoted by the Bismarck Tribune in an article discussing the fallout from citizens in Britain's phones being hacked.


Experts: Repeal-proof tactic used on congressional map likely isn't

September 23, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by TheNews-Messenger.com in an article discussing the legality of a maneuver that protects the Republican-drawn congressional map from the possibility of a repeal by voters.

Tokaji said he thinks the redistricting plan is subject to voter referendum.

"I would expect in pretty short order litigation to that precise questions, specifically litigation to force Secretary (of State Jon) Husted to allow a referendum on the redistricting plan. I'd be really surprised if that didn't happen," Tokaji said.


Defying U.S., Palestine Seeks U.N. Recognition for Statehood

September 23, 2011

Featured Expert: John B. Quigley

Professor Quigley was quoted by Inter Press Service in an article detailing Palestinian President Mahmoud Abbas's application to the U.N. for official statehood.

Abbas' statement about expediting the transmission suggests he is not acceding to the U.S. request that action in the Security Council on the application be delayed for some period of time, the article said.

"Abbas did not mention proceeding at this time to the General Assembly for a resolution that would declare that the Palestine observer mission is the mission of a state," Quigley said.


Republican Plan Would Parcel Out Pennsylvania’s Electoral Votes

September 23, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by Bloomberg Businessweek in an article about Republicans in Pennsylvania trying to eliminate the winner-take-all system for electoral votes. The move might boost their presidential candidate’s chances in a state that picked the Democrat in the past five races and comes as Republicans across the country are fighting to tighten voting rules.

“They’re all motivated by the same agenda to increase Republican share and representation,” said Tokaji, senior fellow of Election Law @ Moritz.


Experts: With Ohio redistricting, repeal-proof tactic likely isn't

September 23, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji, senior fellow at Election Law @ Moritz, was quoted by The Associated Press in an article that was published in the Mansfield News Journal and other papers around the state. The piece was about a maneuver by state lawmakers that would protect a Republican-drawn congressional map from the possibility of repeal.

"It seems to me that the bottom line is the redistricting plan is subject to referendum (voter repeal)," Tokaji said. "I would expect in pretty short order litigation to that precise question, specifically litigation to force Secretary (of State Jon) Husted to allow a referendum on the redistricting plan. I'd be really surprised if that didn't happen."


Cleveland, Cincinnati among poorest big US cities

September 22, 2011

Professor john a. powell, who does not capitalize his name, was quoted in Bloomberg Businessweek in an article detailing Cleveland and Cincinnati being among the 10 poorest cities in the United States. Cleveland is also the third poorest U.S. city with a population of 200,000 or more due to the high poverty rate among minority populations, according to the article.

"Part of it is, as the economy tanked, it didn't tank evenly," powell told The Columbus Dispatch.

Powell, who teaches about employment discrimination, said African Americans face a series of hurdles in finding good work and are likely to live far from where jobs are available to them.

"If they get a job, they're more likely to get a job without benefits, with low pay and in a marginal industry," powell said.


Execution Offers Little Closure in Debate

September 22, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman, who teaches sentencing law, was quoted by The New York Times in an article pertaining to the execution of Troy Davis, an African-American man who was controversially convicted of murdering a white policeman in 1989. The sentencing and progress of the case over the last two decades has widened fault lines on the death penalty, according to the article.

“I’m not sure we’re going to have a healthy national dialogue," Berman said of the death penalty.

“Many of the people asserting confidence in his guilt are much more expressing confidence in our legal system and our jury system,” Berman said. “That’s why the shouting gets so loud — because what is nominally a factual issue of his guilt is really a dispute over how that issue gets resolved."


Kasich to OK new districts

September 21, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by the Dayton Daily News in an article regarding Kasich's plan to OK the congressional redistricting plan. The plan is likely to meet a legal battle, according to the article.

Tokaji, a voting law expert, said issues that could be raised include possible violations of the 1965 federal Voting Rigths Act and the equal protection clause of the U.S. Constitution.


Exclusive: Now, 'birthers' have eye on Marco Rubio

September 20, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel P. Tokaji was quoted in a news-press.com story regarding United States Senator Marco Rubio's eligibility for presidential or vice presidential office. According to the article, his status as a natural born citizen has been called into question.

“On the facts given, he’s a natural-born citizen who’s qualified to serve as president,” wrote Tokaji in an email.


Palestine a State Already, Some Scholars Argue

September 20, 2011

Featured Expert: John B. Quigley

Professor John Quigley was quoted by Voice of America in an article discussing Palestine's statehood, which is currently not recognized by the United Nations. Quigley argues that Palestine is in fact a sovereign state, has been since declaring their statehood in 1988, which the U.N. refused to recognize.

According to Quigley, Palestine meets all the criteria for statehood, and a bid to the U.N. would be an unnecessary formality.

“That is, I think Palestine is a state presently, and that what would be done at the U.N. would simply be a confirmation of that,” said Quigley, author of The Statehood of Palestine: International Law in the Middle East Conflict.

Quigley also said he sees a reason for Palestine to make an official bid for statehood.

“The International Criminal Court,” says Quigley, “would be likely to go ahead with investigating the alleged war crimes…that may have been committed in Palestine’s territory.”


British Takeover Rules May Mean Quicker Pace but Fewer Bids

September 19, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff's recent contribution to The New York Times Dealbook discussed the new laws in Britain regarding corporate takeovers.

According to Davidoff, these new rules are much different than U.S. regulations.

"While the consequences of these new rules can be debated, there is little doubt that the British takeover rules stand in stark contrast to the takeover regime in the United States, which is much more protective of targets from hostile and competing bids," he wrote.


How far does the streetcar ballot issue really go?

September 18, 2011

Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted by The Cincinnati Enquirer about legal experts' analysis that November's ballot issue to halt Cincinnati's streetcar plan until 2020 is written so broadly it could stop other rail projects in the city. "It would halt any streetcar project for the next decade, not limited to the current city plan," said Huefner, senior fellow of Election Law @ Moritz. "You could target this more narrowly to a very specific current plan, but that would make it a little more tricky to draft because the city could make small changes to side-step the amendment."


How far does the streetcar ballot issue really go?

September 18, 2011

Featured Expert: Steven F. Huefner

Professor Huefner was quoted by Cincinnati.com in an article discussing Cincinnati's streetcar plan and Issue 48. The ballot issue currently halts the streetcar plan until 2020.

"It would halt any streetcar project for the next decade, not limited to the current city plan," said Huefner, who spent five years in the U.S. Senate's Office of Legal Counsel. "You could target this more narrowly to a very specific current plan, but that would make it a little more tricky to draft because the city could make small changes to side-step the amendment."

 


Former Rep. Louis Stokes supports the new look of the 11th District

September 17, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in The Cleveland Plain Dealer in an article discussing former Democratic congressman Louis Stokes' support of the new look of Ohio's 11th congressional district.

Tokaji said the district is "a classic partisan gerrymander" and is drawn to make race a predominant factor, which will likely draw the attention of the Supreme Court.

"Fifty-percent plus one is not the standard of the Voting Rights Act. The standard is the opportunity to elect representatives who are minority," Tokaji said. "And it is quite possible that an African-American candidate of choice can be elected from a district that is 48 percent African-American."


Twists in the road to Palestinian statehood

September 17, 2011

Featured Expert: John B. Quigley

Professor Quigley was interviewed by the Toronto Star in an article discussing Palestine's bid for statehood. Quigley answered several questions in the question-and-answer style article.


How to Explain the Nation’s Crime Rate?

September 16, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman's Sentencing Law and Policy Blog was quoted by The Wall Street Journal's Law Blog in an entry about the continued -- and surprising -- decline in crime rates across the United States. Berman wrote that he remains “stunned” by crime rate trends. “Nobody can seem to figure out just how or why, it seems that the governments in the U.S. over the last few decades are continuing to get better and better and better at succeeding in making its citizens safer from crime.”


Mortgage Debacle Costs Banks $66 Billion as Suits Sap Profit

September 16, 2011

Professor Peter Swire was quoted by Bloomberg in an article about faulty mortgages and foreclosure abuses costing the nation’s five biggest home lenders at least $65.7 billion or more. The industry-wide errors “were not minor slip-ups,” said Swire, former special assistant to President Barack Obama for economic policy. “Our biggest banks were talking homeowners into taking some of these bad loans at the front end and then dumping fraudulent loans on investors at the back end.”


Facebook on D.C. hot seat over kids' privacy

September 14, 2011

Professor Peter Swire was interviewed by CBS' The Early Show about privacy issues related to social networking sites and search engines. "There's a lot of tracking of where you surf on the Internet," said Swire, a former Clinton and Obama White House advisor. "Lots of different advertising networks and other people are keeping track of that. There's nothing illegal about it, and that troubles many lawmakers."

In response to tech companies and social networking sites' fears of too much regulation hindering new technology and U.S. advances in the tech curve, Swire said, "The trick is not to legislate around a particular technology, because the technology will be different the next year and the year after that. The trick is to somehow get some basic rules of the road and not to close down particular technologies."


Kaptur's district reshuffled

September 14, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by the Toledo Blade in an article about congressional districts drawn in a new map proposed by House Republicans. Tokaji, a senior fellow at Election Law @ Moritz, said, "This proposed plan has all the earmarks of the partisan gerrymander, and I would be shocked if it were not challenged."


HB 194: Election Reform or Voter Suppression?

September 13, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji, senior fellow at Election Law @ Moritz, was interviewed as part of a segment on All Sides with Ann Fisher on WOSU. Among other points, Tokaji talked about when the law would go into effect.


The Merrill Lynch and Lehman Deals, 3 Years Later

September 13, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff's recent contribution to The New York Times Dealbook, which was also published by The Wall Street Journal and LiverMint.com, discussed the implications of the Merrill Lynch and Lehman Brothers deals that took place three years ago.

According to Davidoff, the Lehman deal was much more beneficial than the Merrill Lynch deal.

"The difference shows not only how a chief executive’s hubris can destroy a company, but how three years later, the failure of the Treasury Department, Federal Reserve and the banks themselves to shrink significantly the banks’ mortgage liabilities still threatens our economy," he wrote.


Ohio Dems criticize GOP's proposed US House map

September 13, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Associated Press in an article that was published by the Dayton Daily News and other subscribers regarding new U.S. House districts proposed by Ohio Republicans. Tokaji, a senior fellow at Election Law @ Moritz, said the process was anything but transparent and the proposed plan had all of the hallmarks of a partisan gerrymander. "Put simply, that's no way to run a railroad," Tokaji said. "It is the people of Ohio who are being railroaded under the current process."


Opening the route

September 11, 2011

Featured Expert: John B. Quigley

Professor John Quigley penned an opinion piece for thedailynewsegypt.com about the Palmer report opening the route to international enforcement action in its conclusion that Israel's interception of the Gaza flotilla vessels in 2010 was lawful. He disagrees with the finding and explains why.


Young people feeling less secure?

September 11, 2011

Featured Expert: David Stebenne

Professor David Stebenne was quoted by The Columbus Dispatch in an article about how the terrorist attacks of Sept. 11, 2001, the wars in Afghanistan and Iraq, and the economic crises that followed have destroyed young people’s sense of security, heightened their awareness of global events and challenged the perception that the United States will always be the world’s most powerful and prosperous nation. “They don’t know if they will be able to find a good job after they graduate or if their parents will be able to hold onto their homes,” Stebenne said.


'The Spectrum' hosts Peter Swire

September 11, 2011

Professor Peter Swire was a guest on the Sept. 11, 2011 edition of "The Spectrum," a weekly political news program on Columbus' NBC4. Swire, a former White House advisor to the Clinton and Obama administrations, was a guest during a roundtable segment on the Sept. 11, 2001 terrorist attacks and what changed for people in the decade following.


Yoo: Since Sept. 11, 'civil liberties have grown'

September 9, 2011

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted by Law.com in a piece about a panel discussion related to changes in civil liberties following the terrorist attacks of Sept. 11, 2001. Among those participating in the Sept. 9 discussion at New York Law School was John Yoo, a law professor at the University of California, Berkeley School of Law who served as deputy assistant attorney general in the U.S. Justice Department's Office of Legal Counsel during the Bush administration and co-authored the "torture memo" providing legal justification for abusive interrogation.

"I think civil liberties have grown in the last 10 years, primarily because the government has stayed out of the way," he said.

The comment prompted Shane to quip that Yoo has apparently been "traveling exclusively by car for the past 10 years."


Spike Lee among NSU speakers

September 8, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander's upcoming speaking engagement at Norfolk State University was previewed by HamptonRoads.com, an affiliate of The Virginian-Pilot. Alexander holds a joint appointment at the Kirwan Institute for the Study of Race and Ethnicity and the Moritz College of Law. Her book “The New Jim Crow: Mass Incarceration in the Age of Colorblindness” explores the impact on society of the higher rates of incarceration among black men.


Wall Street Bankers Whine That They Shouldn’t Have To Pay For Their Fraud

September 8, 2011

Professor Peter Swire penned a guest blog entry for Think Progress about the Federal Housing Finance Agency's filing of lawsuits against banking executives in the wake of fraud in the issuance and sale of mortgage backed securities during the buildup of the housing bubble.

"In response, a columnist for the Motley Fool has called the suits a 'misguided search for vengeance' and 'an unnecessary distraction.' An investment banker told Bloomberg that the government should 'stop punishing banks.' The mortgage fraudsters should get away, they say, because we don't want to shake confidence in the big banks that FHFA says committed massive mortgage fraud," Swire writes.

"But there are so many reasons why the people who perpetrate fraud should pay for it. To pick two often voiced by conservatives, take 'personal responsibility' and 'property rights.' "


Court Rejects Restitution for Victim in Porn Case

September 8, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted by The New York Times in an article about a child pornography case in which the victim seeks restitution from those who possessed the images but had no hand in creating them. Federal courts of appeals in various circuits have ruled differently on the case -- some upholding court-ordered payments, others not. Berman, an expert on sentencing issues, said that the latest decision suggests that judges are becoming “notably less eager to fudge the law” on the question of causation “to enable an obviously deserving victim to collect from an obviously unpleasant defendant” in these cases. “The law,” he said, “does not connect the dots here.”


Presidential debate: Did Brian Williams come up lame on death penalty?

September 8, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman's blog was quoted extensively by The Washington Post in its own blog about news media. The entry focused on Brian Williams' questions about the death penalty in an NBC/Politico presidential debate with Texas Gov. Rick Perry. Berman, author of the Sentencing Law and Policy blog, criticized Williams for posing a death penalty question that’s “both weak and readily enabled Gov. Perry to provide a standard-issue pro-death penalty response.” The blog recommends the following questions to keep Perry away from his pat lines.


Analysis: Mortgage cases target people, not just banks

September 7, 2011

Professor Peter Swire was quoted by Reuters in an article about 18 lawsuits by the Federal Housing Finance Agency against banking executives. "Each agency has its own statutory authority, and its own particular evidence," said Swire, former special assistant to the president for economic policy in the Obama administration. "The FHFA is not part of the executive branch. It does not report to the president. If the FHFA finds the right evidence, it decides on its own to move forward."


9/11 attacks brought security upgrades to Melbourne airport, Port Canaveral

September 7, 2011

Professor Peter Swire was quoted by Florida Today in an article about how travel, security, and privacy were affected in the decade following the terrorist attacks of Sept. 11, 2001. "It's hard to go back because we face asymmetric threats. In the Cold War, the threats came from big nations. 9/11 showed us a small group of terrorists can cause large damage," said Swire, an expert in privacy and cyber security.


CA Supreme Court Will Hear Pro-Prop 8 Arguments

September 7, 2011

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted by The New American in an article about arguments before the California Supreme Court pertaining to Proposition 8, the state's gay marriage ban. The court will rule on whether proponents of Prop 8 have the right to appeal a federal judge's ruling that the ban is unconstitutional.

“What the court has before it are questions about how the state’s direct democracy rules should be understood to sync with its constitutionally-based ideas of representative government," Spindelman, a constitutional law expert, explained.

“Who speaks for the people and the state-and when? Can unelected officials determine how state law will be defended? Should they be allowed to defend the law when state officials elected by the people to represent them will not? Are state officials who refuse to defend a legal measure on appeal practically exercising a veto right that the rules of direct democracy in California do not allow?”


California's same-sex marriage ban faces next legal challenge

September 7, 2011

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted by Catholic Online in an article about arguments before the California Supreme Court pertaining to Proposition 8, the state's gay marriage ban. The court will rule on whether proponents of Prop 8 have the right to appeal a federal judge's ruling that the ban is unconstitutional.

“What the court has before it are questions about how the state’s direct democracy rules should be understood to sync with its constitutionally-based ideas of representative government," Spindelman, a constitutional law expert, explained.

“Who speaks for the people and the state-and when? Can unelected officials determine how state law will be defended? Should they be allowed to defend the law when state officials elected by the people to represent them will not? Are state officials who refuse to defend a legal measure on appeal practically exercising a veto right that the rules of direct democracy in California do not allow?”


AT&T’s Battle for T-Mobile Is Political as Well as Legal

September 6, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff's recent contribution to The New York Times Dealbook explains AT&T's battle against the government to complete a deal with T-Mobile. He points out that despite the government intervention, a deal can still be reached.

"While many commentators have viewed the government’s suit as the endgame, it is really the beginning. AT&T is likely to adopt a two-pronged strategy, employing an army of lawyers to fight the matter in court while redoubling its political efforts aimed at bringing the government to the negotiating table in search of a settlement," Davidoff wrote.


California Same-Sex Marriage Ban Returns To Court

September 6, 2011

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in an NPR story about the ongoing court battle over Proposition 8, California's gay marriage ban, that aired on Morning Edition on Sept. 6, 2011. At issue is whether proponents of Prop 8 have the legal authority to appeal a federal judge's decision to rule Prop 8 unconstitutional.

The State Supreme Court's decision is likely to influence the Ninth Circuit Court of Appeals, Spindelman said. "If the California Supreme Court says there is no standing under state law, the Ninth Circuit won't go on, presumably, to reach the merits of the case," he said.


California gay marriage ban faces next legal hurdle

September 6, 2011

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted by The Associated Press in an article about arguments before the California Supreme Court pertaining to Proposition 8, the state's gay marriage ban. The court will rule on whether proponents of Prop 8 have the right to appeal a federal judge's ruling that the ban is unconstitutional.

“What the court has before it are questions about how the state’s direct democracy rules should be understood to sync with its constitutionally-based ideas of representative government," Spindelman, a constitutional law expert, explained.

“Who speaks for the people and the state-and when? Can unelected officials determine how state law will be defended? Should they be allowed to defend the law when state officials elected by the people to represent them will not? Are state officials who refuse to defend a legal measure on appeal practically exercising a veto right that the rules of direct democracy in California do not allow?”


State Supreme Court To Hear Prop. 8 Arguments

September 4, 2011

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a KTVU story on the ongoing court battle over Proposition 8, California's gay marriage ban. At issue is whether proponents of Prop 8 can appeal a federal judge's decision to rule the proposition as unconstitutional. While the issues before the California Supreme Court are procedural, "they are no sideshow," Spindelman said. 

 

"What the court has before it are questions about how the state's direct democracy rules should be understood to synch with its constitutionally-based ideas of representative government," Spindelman said. "Who speaks for the people and the state - and when?" he asked.


Rep. Marcia Fudge says state-approved voter legislation will unfairly invalidate some ballots

September 2, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Plain Dealer blog PolitiFact Ohio in its examination of a statement made by Rep. Marcia Fudge in regard to a sweeping election reform bill, H.B. 194. Tokaji, a senior fellow at Election Law @ Moritz, explained the various parts of the bill.

"The bottom line is that in some, but not all, circumstances, a ballot which has both a mark and the name of the candidate written in should be counted. Which is, of course, not to say that it will in fact be counted," Tokaji stated.


Dinsmore lawyers funding upgrade of Moritz commons at Ohio State

September 2, 2011

The future Dinsmore & Shohl Student Commons was reported on by Columbus Business First, with a spotlight on alumni from The Ohio State University Moritz College of Law who donated funding to remodel the student locker area in Drinko Hall. Their contributions were matched by their law firm, Dinsmore & Shohl LLP.


Betty Jefferson and Mark St. Pierre sentences contrast

September 2, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted by The Times-Picayune in New Orleans in a story about two corruption cases in which the two defendants received very different federal sentences.

"The reality is, if you cooperate with the government, they begin to look at you through rose-colored glasses," said Berman, author of the blog Sentencing and Law Policy. "Instead of working themselves up on how big a S.O.B. you are, they work on how best to present you in court. The government starts with a very adversarial relationship and it goes to a positive, almost same-team, relationship.

"It's the other extreme for the person that goes to trial, doesn't cooperate, and pushes the government to meet the burden of proof," he said.


In a Quiet Period, Groupon Feels the Noise

September 2, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, writing as the Deal Professor for The New York Times DealBook, discusses why an internal memo at Groupon could delay its initial public offering (I.P.O.).


Suburban America: Problems and Promise

September 1, 2011

Excerpts of professor john powell's interview in the PBS documentary "Suburban America: Problems and Promise" were included in a recent broadcast of All Sides with Ann Fisher. powell, who does not capitalize his name, is executive director of the Kirwan Institute for the Study of Race and Ethnicity.


Citizens demand redistricting draft

August 31, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Columbus Dispatch in an article about the fairness of sharing redistricting maps with the public far enough in advance of the Ohio Apportionment Board's Oct. 1 vote. A constitutional-law professor and election-law expert, Tokaji said that taking public comments before the maps are released in late September is not good enough.

“It’s essential to have a fair, open and transparent process for drawing district lines,” Tokaji said. He added that a few days at the end of September “is simply not enough time for those who care about how our district lines are drawn to review the proposed plans before they are voted on."


An Accidental Housing Chief Embraces the Power of 'No'

August 31, 2011

Professor Peter Swire was quoted by The Wall Street Journal in an article about Edward J. DeMarco, acting director of the Federal Housing Finance Agency. Swire, a White House advisor on housing issues as recently as last year, said DeMarco's focus "is on the short-term profits for Fannie and Freddie, not on the health of the housing market, and that is short sighted."


Tom Keene speaks with Ohio State's Peter Swire on AT&T, T-Mobile deal

August 31, 2011

Professor Peter Swire was interviewed by Bloomberg TV's Tom Keene about the Department of Justice's attempted block of AT&T's proposed $39 billion acquisition of T-Mobile.


Cuyahoga County Council OKs absentee ballot mailing; Husted drops plan to block ballot applications

August 30, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Plain Dealer in an article about the showdown over processing absentee ballots in Cuyahoga County sent through the mail. The county's executive, a Democrat, announced that his office would pay for mass mailings to voters when Secretary of State Jon Husted, a Republican, banned boards of elections from sending them.

Tokaji, an election law expert, said Husted has authority over the state’s boards of elections, but not over other county officials such as FitzGerald. Tokaji added that a lawsuit could be filed in an attempt to stop FitzGerald from sending out the ballot applications, but he didn't think an argument about keeping voting standardized statewide would prevail.

“Sometimes non-uniform treatment actually promotes equality,” Tokaji said. “There’s a really strong argument that sending out absentee ballots promotes equality even if other counties aren’t doing the same thing.”


Who owns the loan?

August 29, 2011

Professor Peter Swire was interviewed by WKSU 89.7 about an interesting case going before the Ohio Supreme Court. Antoine Duvall's mortgage was sold off to another lender, but the transaction was never documented at the county recorder's office. When Duvall missed payments, the new lender attempted foreclosure. Whether that can actually occur is the issue before the Ohio Supreme Court.

"The homeowner says, 'Show us the note; you don’t have a right to this house; you can’t kick me out of this house.' On the other side, the bank’s view is there’s a homeowner who stopped paying their mortgage. They knew they had a mortgage. They knew it when they bought the house, and they get to laugh and stay in the house while the bank has to come up with paperwork they don’t have," said Swire, a former housing official with the Obama administration.

"If the homeowners win, the banks will have to work harder to prove they have the paperwork. The banks might have to pay some settlement to get the family out of the house. But our system of property will not collapse."


Old Mug Shots Fuel Art, and a Debate on Privacy

August 27, 2011

Professor Peter Swire was quoted by The New York Times in a story about privacy issues surrounding old police mug shots used in art. Two young women in Cincinnati are testing the fringes of Fabulous Fifties nostalgia by selling reproductions of 1955 police mug shots. They have not included identifying information about the subjects, such as their names. Should any of the subjects re-emerge, could they threaten to sue over privacy violation?

Swire said he believed there would be a strong defense. “In terms of public revelation of private fact, they can say they’re not telling the names of anybody, so they’re not harming any individual, and that under the First Amendment they’re allowed to publish truthful old photos,” said Peter Swire, a law and judicial administration professor at the Moritz College of Law at Ohio State University. “The fact they’re making money doesn’t change the analysis.”


Mortgage Bond Market On Edge, Guessing On US Refinance Plans

August 25, 2011

Professor Peter Swire was quoted by The Wall Street Journal in a piece about investors' increasing worries related to the U.S. market for mortgage-backed securities amid speculation that the government will come to the aid of homeowners who have been unable to take advantage of record low interest rates. Swire, a former top White House housing adviser, said administration officials are well aware of such concerns from the financial market. "The administration goal is to return private funding to the housing market, not to cut it off," he said.


U.S. States Tighten Voting Regulation With Republicans in Charge

August 25, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was interviewed by Bloomberg News Service for an article about the flurry of activity in passing election laws nationally. With Republicans taking control of most U.S. capitols this year and a presidential race looming, states have passed the most election-related laws since 2003 in a push to tighten voting rules. Expanded early voting is perceived to have helped Democrats, especially Obama in 2008, more than Republicans, said Tokaji, associate director of Election Law @ Moritz.


Capital One Tries to Buy Too Big to Fail Status

August 24, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff's recent contribution to The New York Times DealBook sparked commentary from the Columbia Journalism Review, a magazine for American journalists. The magazine cited a piece Davidoff penned recently about Capital One's announcements of pending acquisitions of ING Direct and HSBC. It would bring Capital One's assets to $300 billion.

"It’s good to see this column, even if it is stuffed inside the business section, because press coverage of Capital One’s moves toward too big to fail status has been awfully scant. The WSJ, for instance, gave the news all of 430 words on C3 when it broke," CJR states. "But $300 billion is still a very big bank. And it seems that buying your way to No. 5 ought to be worth a bit of scrutiny."

The CJR piece goes on to quote Davidoff's column: "Community interest groups led by the National Community Reinvestment Coalition, which oppose the deal, say that Capital One is already classified under Dodd-Frank as systemically important since it has more than $50 billion in assets. Why should any such bank be allowed to get bigger?"


M & A wrap: Lifting the Vale

August 24, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff's recent contribution to The New York Times DealBook was quoted by Reuters. The global news agency cited a piece Davidoff penned recently about Capital One's announcements of pending acquisitions of ING Direct and HSBC. Davidoff proposed the $9.2 billion deal with ING Direct would require clearance from the Federal Reserve because of the systemic risk it poses.

Reuters ran this excerpt of Davidoff's writing: “Whether or not the Fed approves the Capital One/ING Direct transaction, it is time for the Fed to run public hearings on what exactly Dodd-Frank means for our banks and what we as a country want from them."


In Fed’s Move on Capital One Deal, a Test of Dodd-Frank

August 23, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff contributed to The New York Times DealBook a piece on how the Federal Reserve's decision to block or approve Capital One's $9.2 billion purchase of ING Direct would have a broad impact on the nation's biggest banks.


The MAC Is Back, but Does It Kill a Deal?

August 23, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff contributed a piece to The New York Times DealBook about the re-emergence of the material adverse change (MAC) clause in acquisitions, which were popular during the height of the financial crisis. "A buyer can invoke a MAC clause to try to drive down the price of an acquisition by taking advantage of either changed market conditions or adverse events affecting the target company," Davidoff writes.


'Forced' insurance adds to home woes

August 20, 2011

Professor Peter Swire's recent congressional testimony was reported in a story by The San Diego Union Tribune about homeowners battling with lenders over forced-placed insurance. Swire testified about his own situation with Washington Mutual over flood insurance and the two years it took for the lender to correct matters. “I actually feel fortunate,” said Swire, a former White House economic advisor. “Most homeowners are not banking law professors. All of those hours sitting on hold waiting for customer service gave me plenty of time to think about the flaws in our mortgage servicing system.”


How the Google Deal Hampers Motorola

August 19, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff recently contributed a piece to The New York Times DealBook about how Google's large, reverse-termination fee in its deal to buy Motorola Mobility puts the latter on a "short leash, dependent upon Google until the acquisition closes."


Kentucky Weighs Taking Softer Approach to Juvenile Crime.

August 18, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was cited in a Wall Street Journal Law Blog entry about sentencing for juveniles. Berman gave a sneak peek at a fortcoming law review article on his Sentencing Law and Policy Blog. In response to a recent Supreme Court decision regarding sentencing of juveniles, the law reviwe article's author states: “What certain crimes reveal is that that there are violent juvenile offenders – fortunately rare – who are as least as mature and culpable as the typical adult violent offender. . .The [Supreme] Court’s central claim about the relative culpability of adult and juvenile offenders originates from a failure to confront inconvenient facts.”
 


Behind Google’s Huge Breakup Fee in Motorola Deal

August 18, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, writing as the Deal Professor for The New York Times DealBook, posits that Google's $2.5 billion reverse termination fee in its deal with Motorola Mobility is akin to a warning shot over the bow to anitrust regulators. "The fee’s driver is that Google has become what Microsoft was a few years ago, a natural target for European and American antitrust regulators," Davidoff writes. "For the foreseeable future, any significant transaction Google engages in will really be all about antitrust in terms of getting it done."


Sobriety checkpoints ahead

August 18, 2011

Featured Expert: David A. Goldberger

Professor David Goldberger was quoted by The Columbus Dispatch in an article about sobriety checkpoints around Ohio through Labor Day Weekend. “People hate them, as they should,” said Goldberger, a consitutional law scholar. “It’s a police intrusion; people are involuntarily stopped."


Mortgage principal reductions mired in controversy

August 16, 2011

Professor Peter Swire was quoted by the Detroit Free Press in an article about the issue of principal reduction on loans backed by Fannie Mae and Freddie Mac. Swire, who was President Barack Obama's point person on loan modifications, notes that Edward DeMarco, a Bush administration holdover who runs the Federal Housing Finance Agency, opposes principal reduction. "He has repeatedly stated his job is to maximize profits for Fannie and Freddie," Swire said. "He has been very skeptical of anything that doesn't directly tie into raising revenues" for the mortgage giants.


Tax Policy Change Would Bring Cash Piles Abroad Back Home

August 16, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, writing as The Deal Professor for The New York Times DealBook, unfolds the reasons behind American corporations' stockpiling of cash abroad. There are other reasons besides the tax implications, Davidoff writes.


A Solution to Recidivism: Let Ex-Offenders Vote

August 15, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander was referenced in a blog posting by Mansfield Frazier for The Crime Report, a news service covering criminal justice in the U.S. and abroad. "Ohio State University law professor Michelle Alexander, in her brilliant 2010 book 'The New Jim Crow,' graphically details how the law was used take away the vote from African Americans by criminalizing them, and how the doors to the Court House were then slammed shut to prevent redress."


The Landlord's Dilemma: Government Faces Pitfalls in Renting Foreclosed Homes

August 12, 2011

Professor Peter Swire was quoted in an American Banker story about ways for disposing of real-estate owned properties held by Fannie Mae and Freddie Mac. By renting out REO properties, the government would solve an underlying problem of supply and demand, said Swire, a former Obama administration official. "Many families have taken hits to their credit history and cannot qualify for today's mortgage requirements, so there is less demand to buy homes," he said. "And we need more affordable rentals."


For Bank of America, Countrywide Bankruptcy Is Still an Option

August 11, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff contributed to The New York Times DealBook this piece examining the potential fallout of Bank of America putting Countrywide into bankruptcy as a means of saving itself from Countrywide's numerous and costly liabilities.

"When Bank of America acquired Countrywide, it did not become responsible for its past misdeeds and any litigation liability. This is true even though it is now clear that Countrywide was insolvent at that time," Davidoff wrote. "Even so, Bank of America could have had Countrywide Financial put into bankruptcy and cordoned off these liabilities. It could still have done this today had it continued to operate Countrywide as a separate company.

"Unfortunately for Bank of America, it didn’t keep things so neat when it acquired Countrywide. Instead, Bank of America engaged in a number of complex transactions to consolidate Countrywide into its operations."


Deals wrap: Valuing Groupon

August 10, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff's weekly column in The New York Times was quoted by Reuters in an article compiling various deals. The global news agency plucked Davidoff's quote about General Maritime's $200 million loan from Oaktree Management: “When you play with the big boys, you sometimes get hurt."


Rep. Marcia Fudge says 11 percent of eligible voters lack a government ID

August 9, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by PolitiFact.com in a piece assessing the validity of a statistic Congresswoman Marcia Fudge made pertaining to voters without a government-issued ID. Tokaji, an Election Law @ Moritz senior fellow, said he thought the figure she used from a 2006 survey conducted by the Brennan Center for Justice was "in the ballpark," in addition to citing another valuable study on voter ID laws.


Hazards of Borrowing Money From Hedge Funds

August 9, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff contributed to The New York Times DealBook this piece on the potential hazards when public companies borrow from hedge funds, as evidenced in the case of General Maritime's taking a $200 million loan from Oaktree Capital Management.


AT&T increases voice mail security

August 6, 2011

Professor Peter Swire was quoted by The Boston Globe in an article about AT&T changing the default method by which cellular customers check their voice mail, after reports that the company’s policies made messages more vulnerable to hackers than on other cellphone carriers. A specialist in telecommunications privacy issues, Swire said that Americans had paid little attention to the menace of voice mail hacking, until the surfacing of news reports about British journalists working for newspapers owned by Rupert Murdoch’s News Corp. breaking into celebrities and crime victims' voice mail systems. “It taught people in England that voice mail was being hacked at a high rate," said Swire. “I think AT&T saw the Murdoch problems and they saw how easy it was to break into their system."


Redistricting gets rolling in Ohio with Republicans holding the pen

August 6, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Plain Dealer in Cleveland in an article about the shaping of new districts in Ohio following the most recent census. "I'm not expecting any new Republican districts, I'd look for a lot of safer Republicans districts and by extension safer Democratic districts," he said. "They will likely all be less competitive."


Supreme Court campaign finance ruling spurs wild ride in Wisconsin

August 2, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Washington Times in an article about outrageous spending in Wisconsin campaigns by outside entities. “I can’t tell whether it was intentionally misleading or just incorrect info. It’s very troubling when an outside group is sending out materials that may cause votes to not be counted," he said, after examining a flier at the center of voter suppression complaints.


Mortgage Servicing Standards Take Center Stage at Senate Banking Committee Hearings

August 2, 2011

Professor Peter Swire's testimony before the Senate Committee on Banking, Housing & Urban Affairs was reported on by National Mortgage Professional Magazine. Swire shared a personal encounter dealing with mortgage servicers in a dispute with Washington Mutual in 2006 and 2007 regarding flood insurance on his family’s home in Bethesda, Md. His situation "vividly shows the cascade of mistakes that the servicing company made, despite several dozen calls by me to the company and detailed documentation," he stated.


Ex-Directors of Failed Firms Have Little to Fear

August 2, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote about former directors of Bear Stearns and Lehman Brothers having little to fear due the financial crisis’ toll on institutions for The New York Times DealBook. Davidoff drew upon the whereabouts of ex-Enron directors after the company’s bankruptcy in 2001. “…they have recovered nicely from the scandal,” he writes and concludes, “In the end, the directors of companies that failed in the financial crisis will most likely receive an even freer pass than the Enron directors.”


Is Ohio’s vote on health-care mandate only symbolic?

August 1, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Columbus Dispatch about an Ohio ballot measure that would abolish the controversial federal health-care mandate and what it would actually do, if passed. Tokaji, a constitutional expert, said the proposal’s “legal impact can be summed up in one word: zero.”


Data-breach disclosures may decline 50% under proposed bills

August 1, 2011

Professor Peter Swire was quoted by Bloomberg News Service in an article that was published in the San Francisco Chronicle and other outlets about legislation that would reduce the corporate disclosures of data breaches. Consumer notifications in many states "are triggered off the fact of a breach," rather than a determination of the risk that data may have been stolen, Swire, who served as President Bill Clinton's chief counselor for privacy, said in an interview. "That's more protective of consumers because the system owner often doesn't know where the data has gone, making it difficult to assess the risk of harm."


Hazards of Borrowing Money From Hedge Funds

August 1, 2011

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff contributed to The New York Times DealBook this piece on the potential hazards when public companies borrow from hedge funds, as evidenced in the case of General Maritime's taking a $200 million loan from Oaktree Capital Management.


GOP bills target abortion in Ohio

July 29, 2011

Featured Expert: Marc Spindelman

Professor Marc Spindelman was a source for The Repository, the daily newspaper serving the Canton area, for an article about a house bill that would outlaw abortions if the fetus has a heartbeat. Spindelman said the U.S. Supreme Court would have to drastically overturn several established court precedents to uphold the fetal heartbeat bill. And, he said, the post-viable abortion ban may not withstand court review.


The F-word: Why can’t we just effing say it whenever we effing want?

July 29, 2011

Featured Expert: Christopher M. Fairman

Professor Christopher M. Fairman's paper "Fuck" was cited in a Seattle Post-Intelligencer piece on the F-word and the taboo surrounding its use. Fairman's 2006 paper questions why, despite the First Amendment, you can still get fined or even thrown in jail for using the expletive in certain circumstances.


Ohio House leader says voter photo ID bill is dead

July 29, 2011

Election Law @ Moritz was cited by The Repository, the daily newspaper serving the Canton area, in an article about a proposal that would have required Ohio voters to show photo identification at the polls. "Ohio isn’t the only state to toy with the idea of requiring voters to present photo identification. Seven states already have such provisions in their laws, according to the Ohio State University Moritz College of Law, which gathers data nationally on election law," the article states.


Obama could cite 14th Amendment powers to tackle debt limit

July 28, 2011

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted by USA Today in regards to what powers the 14th Amendment gives President Obama to raise the debt ceiling on his own. Legal analysts and politicians debate the powers available under a clause ratified in 1868 that requires Congress to repay federal debts, a key issue in postbellum America. "I would say it's legally treacherous no matter what he does," said Shane, who specializes in separation of powers.


Avoiding voicemail hacking in the US

July 26, 2011

Professor Peter Swire co-authored an op-ed piece in The Hill, highlighting how vulnerable Americans are to the kind of voicemail hacking at the center of Rupert Murdoch's News International scandal. "Here in the United States, our voicemail systems have different yet easy-to-exploit security flaws. U.S. carriers do require their customers to establish PINs to authenticate access to voicemail services. Several companies, though, do not require users to enter their PINs when they are calling from their own telephone numbers. This feature saves consumers time  and reduces the number of tech support calls when consumers have forgotten their PINs."


Casey Anthony verdict doesn’t require new laws

July 25, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in an opinion piece published by The Miami Herald.  The author, Maureen Martin of The Heartland Institute, pulled a comment Berman gave media following the Casey Anthony verdict. Berman said, “It’s not just that the jury decision came out differently than we had hoped, it’s that the jury decision wasn’t a statement of her innocence. It was a statement of ‘We can’t figure out what happened.’ And in some sense, that’s even more frustrating than if the jury said, ‘We don’t think she did it.’ ”


Ohio IDs exceed voter-age residents

July 24, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Columbus Dispatch and other various news outlets about a bill that would require Ohio voters to have a state-issued driver's license or photo ID. The Dispatch reported there are discrepancies between the number of IDs and voters on record. Tokaji, who specializes in election administration, said there are several reasons there could be more licenses than people: The BMV could be double-counting some people who have multiple licenses, such as motorcycle licenses; many people with Ohio IDs have recently left the state in search of work; or the census is undercounting the true Ohio population. "It's just not possible that every citizen in Ohio has a driver's license," Tokaji said. "We may not know exactly how many don't, but we know that it's not the case."


Length of sentences continues to be a challenge in DUI fatalities

July 24, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted by the Missoulian in an article about sentencings in DUI fatalities in Montana. "My sense is this is part of a broader sense of changing norms," said Berman, who writes the Sentencing Law and Policy blog. "Judges are much less likely nationwide to say, ‘Well, it's just darned bad luck that the one time you drank and drove, you hit somebody.' "


Video of a Lethal Injection Reopens Questions on the Privacy of Executions

July 23, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted by The New York Times in a piece about videotaping executions and the issue of privacy. Berman, who commented about it on his blog, Sentencing and Law Policy, said, “I think it would be foolish for anybody who is authorizing or supervising the videotaping of executions to assume that it will always remain sealed and unseen.” He later added that he is less worried about videos of executions being misused if they became widely available than he is about people becoming indifferent to them. People might say, “Gosh, it looks like what they did to my pet,” he said.


Arson bill part of debate over mandatory sentences in Pa.

July 23, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted by The Philadelphia Inquirer and other news outlets about mandatory sentencing in arson cases. Berman, who's written widely on mandatory minimums, said that district attorneys use them as a way of pressuring defendants into plea bargains and that they imply that "we don't trust judges to always impose a tough-enough sentence."


3 local municipal leaders included in White House forum on older suburbs

July 22, 2011

Professor john a. powell was mentioned in a Burlington County Times as part of the Pennsylvania newspaper's coverage of a forum on revitalizing the nation's older suburbs. Joining powell, who lowercases his name, on the panel of experts were Ray LaHood, secretary of the U.S. Department of Transportation; David Rusk, author of “Cities Without Suburbs”; and Myron Orfield, executive director of the University of Minnesota’s Institute on Race and Poverty and a fellow at the Brookings Institute in Washington.


Redistricting warning shots fired

July 21, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Columbus Dispatch in an article from the first public hearing on the map-drawing process for redistricting, held by an Ohio House and Senate committee traveling the state for feedback. "What can and should be avoided is a process in which a map is rammed down the public's throat with little or no meaningful opportunity for public comment," saidTokaji, an expert on election law.


Redistricting contest all set for your ideas

July 20, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji, an election law expert, was quoted in a Columbus Dispatch article about a competition allowing Ohio residents to draw their own redistricting maps. Tokaji said that, unlike people in his profession, many voters aren't in the know about redistricting. This contest, he said, is their chance to get involved and for "the people to take back the reins of power, whatever their political beliefs."


Meth Addict With Flame Thrower to Be Spared Prison as States Cut

July 20, 2011

Featured Expert: Douglas A. Berman

Professor Doug Berman was a source for a Bloomberg Businessweek article on states' cuts to prison systems. The nation’s great lock-up began in the late 1960s and early 1970s with crime-busting measures such as “three strikes” laws -- mandatory prison terms after three or more serious offenses -- that put repeat offenders behind bars for extended periods, according to Berman.


Suit says Yarnell¹s violated labor law

July 20, 2011

Professor James Brudney was quoted by the Arkansas Democrat-Gazette in an article about a lawsuit filed against Yarnell's Ice Cream Co. A former employee is seeking class status for the complaint, which alleges the company violated federal law by not giving 60 days' notice to employees prior to shuttering. Brudney, a labor law expert, discussed the four criteria a company must meet to be exempt from disclosure, including the reasonable belief that giving notice to workers would prevent the entity from obtaining capital. "You have to figure any bank or lender will already know you are in the kind of financial condition you¹re in," Brudney said. "You're seeking help, and they¹ll make you open your books."


EWTN interviews author of 'Rising Road'

July 20, 2011

Featured Expert: Sharon L. Davies

Professor Sharon Davies was interviewed by Fr. Mitch Pacwa of ETWN, the Global Catholic Network, about her book "Rising Road: A True Tale of Love, Race, and Religion in America."


Why GOP vows to block Obama nominee for consumer-watchdog agency

July 19, 2011

Featured Expert: Nancy Hardin Rogers

Professor Nancy Hardin Rogers was quoted by The Christian Science Monitor in a story about President Obama selecting former Ohio attorney general Richard Cordray to  the Consumer Financial Protection Bureau. "He is brilliant and has balanced judgment," says Rogers, who preceded Cordray as Ohio's attorney general, in an e-mail. "I believe that he will listen carefully and thoughtfully when he assumes this major new responsibility for our nation, and that he will make decisions based on rigorous analysis of the issues."


California Prisons Bar Media Access to Striking Prisoners.

July 19, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman's recent post to his Sentencing Law and Policy blog was mentioned by The Wall Street Journal law blog. Berman focused on the California prison system's refusal of media requests for interviews with prisoners on hunger strike. "The Supreme Court, Berman points out, has said that prisoners have limited First Amendment rights while in the slammer," www.wsj.com paraphrases, "Still, 'these rights are not completely extinguished,' he writes. 'In addition, I would think the traditional media might be able to assert some of its own First Amendment rights to try to get access to at least a few of the hunger-striking prisoners.' "


Palestinian leaders weigh U.N. options

July 13, 2011

Featured Expert: John B. Quigley

Professor John Quigley was mentioned in a United Press International story about Palestinians' consideration of bypassing the U.N. Security Council and going directly to the General Assembly when it requests admission to the United Nations in September. "Any state that is peace-loving and that is willing and able to carry out the [U.N Charter] obligations is supposed to be admitted," Quigley, an international law professor, said during a panel discussion at the Palestine Center.


'Co-parents' need formal agreement, justices rule

July 13, 2011

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a Columbus Dispatch article about a recent Ohio Supreme Court ruling in a child custody case involving a same-sex couple. Spindelman said it is not surprising the Supreme Court deferred to the juvenile judge's view of the evidence. That decision was upheld by the 1st District Court of Appeals. "Under the right set of facts, the court appears ready to uphold a shared-custody agreement."


Bank’s Deal Means More Will Lose Their Homes

July 12, 2011

Professor Peter Swire was quoted in The New York Times about the foreclosure crisis. “Countrywide made a lot of bad loans and borrowers with no money can’t afford a modification,” said Peter Swire, a former special assistant for housing policy in the Obama administration who helped oversee earlier federal efforts to promote modifications. He is now a professor at Ohio State University. “One discouraging problem is that only a small fraction of Countrywide borrowers will likely qualify,” Professor Swire said.


Criminal Justice and Media Frenzy.

July 12, 2011

Featured Expert: Douglas A. Berman

Professor Doug Berman was on WOSU's All Sides with Ann Fisher discussing criminal justice and media frenzy, in particular the Casey Anthony case.


U.S. Tackles Housing Slump .

July 12, 2011

Professor Peter Swire was quoted in a Wall Street Journal article about reviving the housing market. "As conditions change, some options that were below the line the way the market was 18 months ago might be above the line today," said Peter P. Swire, who teaches law at Ohio State University and until last year was a top housing adviser to the White House.


Not Ready to Change Baseball History?

July 12, 2011

Featured Expert: David Stebenne

Professor David Stebenne, author of "Arthur Goldberg: New Deal Liberal," was quoted by The New York Times in an article about the HBO Sports documentary "The Curious Case of Curt Flood." As Goldberg's biographer, Stebenne had conversations with the former associate justice about being ill-prepared to challenge baseball's reserve clause, incorrectly assuming that the justices who had served with him would see the error of sticking by past decisions. “His mental picture was this was a case ripe to be overturned,” Stebenne said. “He was utterly surprised that it went the other way.”


The Problems of Policing Internet Privacy

July 11, 2011

Professor Peter Swire was quoted in an article in Science Progress about Congress' attempt to regulate the internet.  Swire, a professor of law at Ohio State Law School and a Senior Fellow at the Center for American Progress, discussed the importance of finding the right balance between consumer choice and industry expense. “I have a slightly more optimistic view,” said Swire, who noted that other privacy issues have been successfully solved in the past through legislation like the Health Insurance Portability and Accountability Act, or HIPAA; the Controlling the Assault of Non-Solicited Pornography And Marketing Act, or CAN-SPAM; and other initiatives. “We have found ways to manage them through technology, self regulation and legislation,” said Swire.


Verdict brought few answers in Caylee Anthony case

July 10, 2011

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in an Associated Press article, which was picked up by MSNBC.com, the Washington Post, and hundreds of other papers, on the lack of answers following the Casey Anthony trial. "One of the quite healthy and appropriate satisfactions we get out of a well-functioning justice system is the belief that the justice system will give us the best answers to questions," said Doug Berman, a law professor at Ohio State University. Berman, the Ohio State professor, has another theory about why folks are so frustrated: Casey Anthony never spoke. The defense made a strategic decision for Anthony not to testify — a decision that clearly worked in her favor, he said. "It's not just that the jury decision came out differently than we had hoped, it's that the jury decision wasn't a statement of her innocence. It was a statement of 'We can't figure out what happened.' And in some sense, that's even more frustrating than if the jury said, 'We don't think she did it.'"


African American Leadership Forum proposes a 'blueprint' for saving the community

July 10, 2011

Professor john powell was quoted in an article highlighting speakers at the African American Leadership Forum.

Professor john powell (he spells his name with lowercase letters), executive director of Ohio State University’s Kirwan Institute for the Study of Race and Ethnicity, impressed the audience by stressing the importance of taking action to advance the mission of equity. “The task is basically not just saving our community, but saving America from itself,” he said. He introduced the idea of opportunity structures — systems that create equal access to opportunity for everyone — in place of past and current societal structures where race plays a major role in who has access to opportunity. Access to grocery stores, public transportation and in neighborhoods with increasing home values and effective schools are all elements of a successful structure. A well-developed structure has a greater impact on whether individuals become productive members of society than either household income or family structure.

Several research studies of the past decade correlate poverty with lower IQs. Children who live in conditions of extreme poverty between the ages of 0-7 have IQs that are on average seven points lower than children who don’t. “If we ignore a child for the first six years, the child will need special attention to catch up,” powell said.

Though Minnesota has one of the longest life expectancies in the U.S., when looking specifically at American Africans life expectancy is shorter. powell credits Minnesota’s longtime history of investing in public infrastructure — parks, schools and health care — with residents living a longer life. However, over the years as the state became more diverse the willingness to invest in infrastructure dwindled.

Though its mission to democracy contradicts inequitable systems, since its inception the U.S. has structured access to opportunities that intentionally works well for some but not others. powell talked about how the book The Race Between Education and Technology by Michael Rizzo describes how the United States began educating women, becoming the first modern industrial country to do so.

“[The U.S.] was playing with close to a full deck,” powell said of this action, by spreading access to education and skills to a larger number of citizens. “Today half the children who start kindergarten are children of color. Children of color are the women of the 21st century… That’s why I say the job is to save America. Because if we don’t make America work for everyone, eventually it won’t work for anyone.”


Around the Blawgosphere: Bloggers Sound off on Casey Anthony Trial, Verdict, ‘Caylee’s Law’ Proposal

July 9, 2011

Featured Expert: Douglas A. Berman

Professor Doug Berman was mentioned in an ABA Journal article about the blog traffic surrounding the Casey Anthony trial. At Sentencing Law and Policy, Ohio State University law professor Douglas Berman theorized that the prosecution's decision to pursue the death penalty may have led the jury to believe that prosecutors had a "smoking gun" that they didn't really have. "When no such smoking gun was presented by the prosecution, the jurors may have ultimately been much more willing (and perhaps even eager) to find reasonable doubt on all serious charges." Berman felt his suspicions were confirmed by the first juror who spoke to the media, and notes her comments in a later post.


Judge delays condemned Ohio killer's execution

July 8, 2011

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in an Associated Press article, which was picked up by dozens of newspapers nationwide, about a U.S. District Court decision to stay the execution of an Ohio death row inmate because of the state's "haphazard application" of its death penalty protocols. Sentencing expert Doug Berman said Frost's ruling could halt other executions in Ohio and could be a rallying point for death row inmates nationally. "States are often modifying their execution process 'on the fly,' especially as they struggle to find the drugs necessary to conduct lethal injections," said Berman, a law professor at Ohio State University.



 

 


Casey Anthony found not guilty of murdering daughter

July 6, 2011

Featured Expert: Douglas A. Berman

Professor Doug Berman was featured on the noon hour of MSNBC discussing the Casey Anthony verdict.  Berman, a criminal law professor at Ohio State University, said that while popular opinion came to the conclusion Anthony was guilty, jurors must hold to a higher standard — one of  guilt beyond a reasonable doubt.  "In some sense, it's a sign that the system worked well," Berman said. "The job of the system is not to turn this into a Hollywood ending, but to have all the actors in the system do the job to the best of their ability."


Why Casey Anthony Should Be Glad She Won’t Be Sentenced in Federal Court

July 6, 2011

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in an ABA Journal article discussing how Casey Anthony's sentence would be different if she was convicted in federal court instead of state court. Anthony was found guilty of four counts of providing false information to law enforcement, but acquitted on more serious charges of murder and manslaughter. In state court, she is looking at a maximum sentence of four years in prison, according to Ohio State law professor Douglas Berman. In federal court, she could get 20 years in prison for similar conduct.

Providing false information is a misdemeanor in Florida, but in the federal system such conduct could be prosecuted as obstruction of justice, a felony, Berman says. Each count would carry a maximum five-year term, for a total of 20 years.

“Most critically,” Berman wsaid, “the federal sentencing guidelines would instruct a judge to sentence Anthony based essentially on the crime he believes, based on a perponderance of evidence, she covered up even after a jury has acquitted her of that crime. In other words, it is not only possible, but surprisingly common, for a federal judge to sentence a defendant for a murder that the defendant has been acquitted of!”


Anthony verdict a victory for "reasonable doubt," experts say

July 5, 2011

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted by Reuters and dozens of newspapers about the verdict in the Casey Anthony case. Berman, a criminal law professor at Ohio State University, said popular opinion came to the conclusion the 25 year-old Anthony was guilty, but that jurors must hold to a higher standard than the average citizen watching on TV. That standard is guilt beyond a reasonable doubt.

"In some sense, it's a sign that the system worked well," Berman said. "The job of the system is not to turn this into a Hollywood ending, but to have all the actors in the system do the job to the best of their ability."

The case against Anthony, who had faced the possibility of the death penalty if found guilty of murdering her daughter, was short on forensic evidence, such as Caylee's time or manner of death, Berman said. Berman said popular television show "CSI: Crime Scene Investigation" has influenced jurors in recent years, by giving them the false impression every case has the same clear-cut forensic evidence featured in that fictional series.

"There's been a lot of speculation that lay jurors have now gotten even less likely to convict, because they're under the false impression that every case is going to have some sort of forensic smoking gun," he said.


Casey Anthony Found Guilty

July 5, 2011

Featured Expert: Douglas A. Berman

Professor Doug Berman appeared on Channel 10 news in Columbus discussing the Casey Anthony verdict.


Gay Marriage: The Coming Clash of Civil and Religious Liberties

July 2, 2011

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a Time Magazine article on the impact the historic vote on same-sex marriage in New York will have on the rest of the country.  "The New York vote marks a particular and important shift in the political landscape around same-sex marriage," said Professor Marc Spindelman of the Ohio State University law school, who has followed gay marriage's serpentine legal path for years. "Who, a few years ago, could have imagined a high-profile Democratic governor leading the political charge for this still-controversial right in a state with a Republican-controlled senate, and with the help of major Republican party donors, to boot?"


 

 


US prisoners sentenced under strict crack cocaine laws get relief

July 1, 2011

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in the Minnesota Post article about the U.S. Sentencing Commissions' recent decision to shorten the sentences of about 12,000 federal prisoners originally convicted under strict crack cocaine laws.  "The crux of the debate is that it's one thing to say, 'Let's do better in the future,' and it's another thing to say that somebody who was at least theoretically aware of how harsh the sentences were are now in some sense getting a windfall," says Doug Berman, a sentencing expert at Ohio State University. "But I think a majority of people wouldn't say it's a windfall; it's just making an injustice less unjust."


16 Democratic senators seek involvement of AG as more states push photo ID requirement to vote

June 29, 2011

The Election Law @ Moritz program was quoted in an Associated Press article about the request of 16 democratic senators to the U.S. Department of Justice to look into whether voting rights are being jeopardized by the recent surge in the number of states requiring a photo ID to vote. Election Law @ Moritz provided background and statistics for the article.


Ohio voter I.D. bill hits roadblock

June 28, 2011

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was mentioned in an article on the PBS Show Need to Know about a delay in a vote proposing a new voter ID law for Ohio.   Election law expert Daniel Tokaji told Need to Know that he fears these changes will cause confusion on Election Day. “Let’s bear in mind, most of this stuff is going under the radar,” Tokaji said. “What’s likely to happen is that a lot of voters are going to show up at the polling place at their primaries in 2012, or in November 2012, and find, to their dismay, that the rules have changed and that it’s going to be more difficult to vote and have one’s vote counted.”


Ohio Senate postpones vote on photo ID bill

June 24, 2011

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the Mansfield News-Herald and dozens of other newspapers about the postponement of a bill in the Ohio Senate that would require all voters to present a photo ID at the polls. “It would be a terrible mistake, one that would surely haunt our state for years to come, if this bill were enacted into law,” said Ohio State University election law professor Dan Tokaji. “Simply put, HB 159 would make it more difficult for eligible citizens to vote and have their votes counted, while doing nothing to address electoral integrity.”

 


Why privacy legislation is hot now

June 23, 2011

Professor Peter Swire wrote an op-ed in The Hill entitled Why Privacy Legislation is Hot Now. Swire argued the time is right for major privacy legislation to be debated and passed because: 1) the use of location data by smartphones and other devices; 2) the increased use of social networking; and 3) the invention of more complex online behavioral advertising.


Debate over election reforms has partisan tone

June 23, 2011

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the Zanesville Times Recorder and other newspapers about the partisan tone of many recent or pending election administration issues.  "You don't need to be an elections law professor to know what is going on here," Tokaji said. "It's a power grab, pure and simple. It's Republicans trying to hold down the Democratic vote."


Ohio ACLU threatens lawsuit if Buckeye photo ID bill becomes law

June 23, 2011

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in The Examiner about a potential lawsuit that will be filed by the Ohio ACLU if bill is passed in the Ohio legislature that would require voters to show a photo ID at the polls.  Dan Tokaji, an OSU law professor whose expertise is in voting rights and voting technology among other areas of study, offered his comments on the bill, on which he offered testimony. "If the bill passes in its present form, I think there’s a strong chance of a lawsuit succeeding," he said. "The bill doesn’t have the same protections for indigent voters and those with ID as the laws that were upheld in Indiana and Georgia. It’s also vulnerable to a lawsuit claiming that it’s racially discriminatory under the Voting Rights Act, which prohibits practices having a discriminatory RESULT, not just those motivated by discriminatory intent."

 


Voter ID provision yanked from bill

June 22, 2011

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article in the Springfield News-Sun about the removal of a voter photo ID provision from an elections reform bill in the Ohio Senate. The article said: "Ohio State University law professor Daniel Tokaji, an elections law expert, said there is no evidence that Ohio has problems with voter impersonation at the polls. In his research, he said he found only one instance of voter impersonation in Ohio over the past 10 years and it involved an absentee voter."


In House, Challenges Over Policy on Libya

June 22, 2011

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in the New York Times about whether President Obama has Constitutional authority to continue the American participation in the war in Libya. The article said: "Peter M. Shane, an Ohio State University law professor and co-author of a casebook on the separation of powers, said it would tell Mr. Obama “that although his formal legal position may be dubious,” he can “steer toward calmer political waters if he conforms his behavior to what Congress has sanctioned.”"


Photo-ID rule removed from elections bill

June 22, 2011

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the Columbus Dispatch in an article about the Ohio Senate's decision to put a controversial voter photo ID requirement in separate legislation. "You don't have to be a law professor to figure out what's going on here," Tokaji said. "This is a power grab. It is a transparent effort by Republicans to make it more difficult to vote."


We recently noted the passage of the 40th anniversary of the Drug Wars.

June 21, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander was mentioned on the blog firedoglake.com in a discussion about the 40th Anniversary of the war on drugs. Today “More African American men are in prison or jail, on probation or parole than were enslaved in 1850, before the Civil War began”, says Michelle Alexander, an Ohio State law professor and author of The New Jim Crow: Mass Incarceration in the Age of Colorblindness. “Most of that increase is due to the War on Drugs, a war waged almost exclusively in poor communities of color.”


Experts Say Allegations In NLRB Complaint Are An "Absolutely Standard Violation" Of Federal Labor Laws

June 20, 2011

Professor Jim Brudney was quoted in Media Matters article on the recent media coverage surrounding the Boeing case currently before the National Labor Relations Board.  "Relocating work away from a plant because of too much lawful union activity would be a classic violation of 8(a)(3)" of the National Labor Relations Act, which makes it illegal for employers "to discriminat[e] in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization," Brudney said. 


Obama's Bush-Like Approach to Executive Power

June 20, 2011

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in The Atlantic on President Obama's use of executive power to engage in war with Libya. The article said: "The lawyers I spoke to argued that there are some differences. First, they said, the administration's definition of "hostilities" is one that has been discussed almost since the WPR was adopted in 1973; Bybee's definition of "suffering" was drawn from an irrelevant federal statute that concerns "an emergency medical condition for the purpose of providing health benefits." Peter Shane of Ohio State University, who served in the Carter Administration Office of Legal Counsel, crisply stated, "a first-year law student handing in that answer in a legislation class would have gotten a failing grade.'"


Myths Of The Criminal Justice System: Part 1

June 20, 2011

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in the Huffington Post in a post by reporter Radley Balko addressing the common belief that the government cannot punish someone for a crime without first convicting that person. According to Douglas Berman, who teaches at the Ohio State University Moritz College of Law and writes the blog Sentencing Law and Policy, three federal appeals courts (the 7th, 8th, and 11th circuits) have allowed judges to consider uncharged or acquitted murders in handing down enhanced sentences to defendants who have been convicted of less serious crimes.


Book Review: The New Jim Crow: Mass Incarnation in the Age of Colorblindness

June 19, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander's recent book was reviewd by blogcritics.org  The review said: Her book is extremely informative as well as disturbing. Alexander expertly exposes the war against black men executed by our elected officials, our courts, our law enforcement and the media both historically and in contemporary America. She is not a hysterical purveyor of a lame conspiracy theory. She is a scholar who utilizes historical facts and empirical data to provide convincing evidence of what so many of us have known for a generation: Our government is systematically criminalizing our children and, as a result a great number of them effectively become second class citizens in their native land.


OSU Law Professor Makes MSNBC

June 19, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander's recent appearance on MSNBC was discussed in The Examiner. The article said: "Michelle Alexander, a law professor at OSU and the author of "The New Jim Crow: Mass Incarceration in the Age of Colorblindness," made her case on the Dylan Ratigan show on MSNBC, that states, including Ohio, should be releasing people from prison rather than trying to warehouse them more cheaply.



 

 


Is the Administration Firing With More Than Drones in Libya?

June 19, 2011

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in the blog lawfareblog.com about the War Powers Resolution and the use of unmanned aerial drones by the United States in Libya.  “The overwhelming majority of strike sorties are now being flown by our European allies while American strikes are limited to the suppression of enemy air defense and occasional strikes by unmanned Predator UAVs against a specific set of targets, all within the UN authorization, in order to minimize collateral damage in urban areas?”  Although the sentence might just be sloppily drafted, it seems to suggest that, in addition to the unmanned Predator strikes, we are still engaged in piloted strikes aimed at “the suppression of enemy air defense.”  If so, what is the Administration defense – that these particular strikes are intermittent, even if our overall engagement is sustained?  If we’ve got human pilots in the planes, then the warfare-from-a-distance excuse seems inapplicable," Shane was quoted as saying.


Poll Positioning: Voter ID Laws

June 18, 2011

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was on the PBS Show Need to Know discussing a new proposed voter photo ID law in Ohio.


Analysis: What's Taking So Long With The Supreme Court Video Game Case?

June 17, 2011

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in Gamasutra, a magazine dedicated to the art and business of making games, about the delay in the U.S. Supreme Court's impending decision on a California law that bans the sale of violent video games to minors.  "What [the Court] says about the regulation of minors and images of violence surely could impact regulations concerning minors and images of sexuality," says Douglas A. Berman, Robert J. Watkins/Procter & Gamble Professor of Law at Ohio State University's Moritz College of Law. "Throw in the impact of modern technology and new forms of communication (e.g., sexting involving minors and/or Weiners), and it seems likely that some Justices may be thinking about how the Court's ruling and dicta in EMA could impact porn regulations and prosecutions."

 


Incarnation Rate Triples

June 17, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander was on the Dylan Ratigan Show on MSNBC discussing the mass incarnation of minorities in the United States.


Dump the war on drugs

June 15, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander was mentioned in an op-ed in the Chicago Tribune by Clarence Page.  The op-ed said: "Among the results, a 100-to-one sentencing disparity between crack cocaine and powder cocaine offenses that boosted incarceration rates, particularly of African-Americans — producing statistics that Michelle Alexander, an Ohio State University legal scholar, calls "The New Jim Crow" in her well-researched book with that title."


Automatic for the people: Fund firms back digital statements as default for retirement plans

June 15, 2011

Professor Peter Swire was quoted in an article in Investment News about retirement plan sponsors sending information electronically to participants automatically. “Participants get notices that do more for them,” said Peter Swire, a professor of law at Ohio State University and co-author of the report. “They can access information anytime, anywhere and with any device.” Information distributed electronically also can be “layered,” according to Mr. Swire. For instance, it can come with a simple notice “on top” and then offer a way to “click through” for more details. “Participants can drill down at will,” Mr. Swire said.


A Legal Look at the Anthony Weiner Scandal

June 13, 2011

Featured Expert: Douglas A. Berman

Professor Doug Berman was interviewed in a podcast on the blog Legally Easy.  Berman answered questions about the possible legal issues that may arise from the controversy surrounding Rep. Anthony Weiner.


Boeing Case Shows Gov't Is Labor's Last Friend

June 13, 2011

Professor Jim Brudney was quoted in The Street on Boeing's pending case before the National Labor Relations Board. At the hearing Tuesday, the NLRB counsel and Boeing will present evidence. The counsel must convince the judge that the charge has merit; the losing party can appeal to the five-member board. After that, if Boeing is still losing, it can appeal to a circuit court or it can wait for the labor board to seek enforcement in court, according to Ohio State University law professor James Brudney, who spoke to reporters recently during a conference call arranged by the American Constitution Society for Law and Policy, a liberal policy institute. Brudney said the case will likely drag out until 2012 or possibly 2013.  Brudney said Republican members of Congress "have engaged in a series of activities or conduct that one rarely if ever encounters during an adjudicatory proceeding," pressuring NLRB officials and seeking to amend the National Labor Relations Act to immunize Boeing's conduct.


New red-light cameras fuel debate

June 12, 2011

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in the Columbus Dispatch in an article about public outcry over red-light cameras. Ohio State University law professor Ric Simmons said Americans believe in basic principles of justice: that we are innocent until proven guilty, that we have the right to our day in court. We also believe in the right to confront our accusers, which is in the Bill of Rights. Simmons said most people probably agree that red lights are necessary and that ignoring them should be illegal. "But the idea (that) you can be charged with a crime based solely on a photograph, they feel that's not right," he said.


Suppressing The Right To Vote

June 10, 2011

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the Jewish Times of South Jersey in a column about the passage of strict voter photo ID laws in several states. Daniel Tokaji, a law professor at Ohio State University and an expert in election law, said that the changes are likely to affect close elections. “Remarkably, most of the significant changes are going under the radar. A lot of voters are going to be surprised and dismayed when they go to their polling places and find that the rules have changed.”


Daniel Tokaji, a law professor at Ohio State University and an expert in election law, said that the changes are likely to affect close elections. “Remarkably, most of the significant changes are going under the radar. A lot of voters are going to be surp

June 10, 2011

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in the San Jose Mercury News in an article on a recent U.S. Supreme Court case focused on overcrowded prisons in California.  "I doubt there is a real hammer, though I suppose it is possible that the court could order the specific release of specific offenders," said Doug Berman, an Ohio State University law professor and sentencing expert. "More likely is giving the state more time (if) the judges think the state is making a good-faith effort to comply."


Dems defend NLRB against GOP pushback on Boeing suit

June 10, 2011

Professor Jim Brudney was quoted in an article in The Hill on Boeing's pending case before the National Labor Relations Board. “When agencies are attempting to address judicatory disputes, they are acting similarly to judges, and they should be insulated from extreme political pressures that might influence or appear to influence their decisions and undermine our basic notions of fairness or due process to the parties,” said James Brudney, an Ohio State University law professor.

Brudney, who was chief counsel and staff director of the Senate Labor subcommittee under the late Sen. Howard Metzenbaum (D-Ohio), said there is a limit to congressional oversight when it comes to pending agency decisions that GOP lawmakers are not considering.

“In the Boeing case, Republican members of both the House and the Senate, including some in leadership positions, have engaged in a series of activities or conduct that one rarely if ever encounters during a pending agency judicatory proceeding,” Brudney said.


Liberal law group warns of Hill pressure in Boeing-labor fight

June 9, 2011

Professor Jim Brudney was quoted in an Washington Times article about Boeing's pending case before the National Labor Relations Board. “There is a concern that [congressional pressure] could taint the case,” said James J. Brudney, a law professor at Ohio State University, part of the ACS panel.


Constitutional Myth #3: The 'Unitary Executive' is a Dictator in War and Peace

June 9, 2011

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in The Atlantic in an article about Presidential powers.

Peter M. Shane of Ohio State University's Moritz College of Law, a former Office of Legal Counsel official, and now a paramount scholar of presidential authority, points to a 1988 dispute with Congress over AIDS as sewing the seeds of the hard-line "unitary executive" theory. Congress passed a statute requiring the Centers for Disease Control to publish a pamphlet setting out the facts about the disease and ways of preventing it. Ronald Reagan really didn't think AIDS was such a big deal and preferred it not be mentioned at all; the Reagan White House refused to clear the pamphlet. In frustration, Congress by statute instructed the head of CDC--chosen, as White House aides are not, for expertise in public health-- to publish the pamphlet without clearance...

As such, the present administration's conduct puzzles Shane. "The Obama Administration has commendably stayed away from George W. Bush's aggressive claims of executive power, but, perhaps because Congress is itself so dysfunctional these days, the Administration seems to be underplaying the opportunity to reset the terms of presidential authority," Shane said. It's doubly puzzling, he adds, because, as a senator, Joe Biden unsuccessfully introduced "the most thoughtful war powers legislation since 1973. I don't know why the Administration does not resurrect it."


State mulls registry for its violent felons

June 8, 2011

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in the Times Herald-Record about a New York bill that would create a registry for violent felony offenders. There haven't been any studies that conclusively show the impact — positive or negative — of criminal registries, said Ohio State law professor Douglas Berman, an expert in sentencing law.

Their public-relations impact is certainly positive.

"It's a relatively cost-effective way for politicians and public officials to suggest that they're getting tough," Berman said.

Berman adds the courts generally have been hands-off when it comes to the legality of registries.

"It's been about public safety rather than directed punishment," he said.


Viewpoints: Prison edict backlash reveals race bias

June 5, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander wrote an op-ed in the Sacramento Bee on the U.S. Supreme Court's recent decision on prison overcrowding in California.


Divorcing dad wants to take kids to Saudi Arabia

June 5, 2011

Featured Expert: Katherine Hunt Federle

Professor Katherine Federle, director of Ohio State University's Justice for Children Project, was quoted by The Cincinnati Enquirer for an article about a custody battle involving an overseas move to Saudi Arabia. "This sounds like a relatively typical custody battle that involves relocation," she said. "It's just a long way away."


No Ohio casino rules as deadline arrives

June 2, 2011

Featured Expert: David A. Goldberger

Professor David Goldberger was quoted by The Cincinnati Enquirer in an article about the impact of Ohio's Legislature missing a deadline to create laws regulating casinos in the Buckeye State. "Courts don't like to tell legislatures what to do because -- what are you going to do? Put them in jail?" said Goldberger, a professor of constitutional law.


Campaigns Aim to Eradicate ‘R-word’

June 1, 2011

Featured Expert: Christopher M. Fairman

Professor Christopher Fairman was quoted in the Epoch Times about a recent movement to ban the word retard.  Free speech advocate Christopher Fairman, a law professor at Ohio State University, believes the fuss over the word has been blown out of proportion. “When people say ‘retarded,’ they normally just mean ‘stupid,’” he told the National Post.

“I can’t imagine a situation where someone would look at someone with Down syndrome and call them a retard. That kind of callousness and cruelty does exist, but it’s never going to be controlled by the sort of campaigns that we’re talking about.”

Even if the word gets buried for good, the few who would denigrate the intellectually disabled “are going to find another insult to use,” he said.
 


GOP Moves to Tighten Vote Rules in 13 States

May 31, 2011

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Newsmax article regarding the GOP's efforts to stiffen voter identification laws across the country. State Republicans have long attempted to legislate photo identification requirements and other changes, said Tokaji, a law professor at Ohio State University and an expert in election law. Previous bills were largely derailed after the Bush administration fired several United States attorneys whom Republicans had criticized for failing to aggressively investigate voter fraud, according to the Times.

“That’s what really killed the momentum of more states’ enacting voter ID laws,” Tokaji said. “Now with the last elections, with the strong Republican majorities in a lot of states, we’re seeing a rejuvenation of the effort.”



 


Republican Legislators Push to Tighten Voting Rules

May 28, 2011

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a New York Times article about the push in 13 states with Republican-controlled statehouses to reduce the number of days in early voting, tighten voter registration rules, and require photo identification at polling places. The article said: Republicans have tried for years to get photo identification requirements and other changes through legislatures, said Daniel Tokaji, a law professor at Ohio State University and an expert in election law. Similar bills were introduced over the past decade, but were largely derailed in the aftermath of a political battle over the Bush administration’s firing of several United States attorneys whom Republicans had criticized for failing to aggressively investigate voter fraud.

“That’s what really killed the momentum of more states’ enacting voter ID laws,” Mr. Tokaji said. “Now with the last elections, with the strong Republican majorities in a lot of states, we’re seeing a rejuvenation of the effort.”


Law professor speaks out on ‘The New Jim Crow’

May 26, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander was featured in an article in the Sacramento Press regarding a presentation she gave on her new book The New Jiim Crow. The article said: The crowd was virtually mesmerized by the fascinating statistics about the devastating effects of the “War on Drugs,” along with the explanations of important details from relevant rulings from U.S. Supreme Court cases that drove home nearly every point made by Alexander’s seemingly encyclopedic recitation from memory.


Michelle Alexander at The Riverside Church

May 26, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander was featured in an article in the Fellowship of Reconciliation regarding a presentation she gave at The Riverside Church in New York on her book The New Jim Crow.  The article said: Alexander, Associate Professor of Law at the Moritz College of Law at Ohio State University, is known for her stirring talks and presentations concerning imbalances and racism found in our prison system.  The New Jim Crow has resulted in a surge of interest into the problem generally, and the element of race in particular.  Nevertheless, she continues to call for a massive, mobilized, revolutionary movement in order to displace the now entrenched, big-business role of prisons in the United States.


POLITICALLY ACTIVE NONPROFITS MAY SEE CONSEQUENCES

May 26, 2011

Featured Expert: Donald B. Tobin

Professor Donald B. Tobin was quoted on a Center for Responsive Politics blog about the possibility of tax-exempt 501(c)(4) organizations having their status revoked for intervening in political campaigns. "Lots and lots of things that would not be considered 'express advocacy' by the FEC, the IRS would consider intervention in a political campaign," Tobin said.

 


Voter ID debate could change 2012 landscape

May 25, 2011

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an MSNBC story about the effect new voter identification laws could have on voter turnout. “It’s very difficult to trace the precise effect of ID laws on actual turnout, since there are so many things that can affect participation,” said Daniel Tokaji, an election law expert at Ohio State University’s Moritz College of Law. But, he said “there is considerable evidence about who doesn’t have government-issued photo ID, which shows that certain groups – such as elderly, disabled, minority, and poor voters — are likely to be especially hard hit.”

Tokaji said the bill passed by the Ohio House to require photo ID for voters “adds to the individual costs of voting — both in terms of money and time — with the ultimate result of reducing participation by the Democratic-leaning voters who don't already have the required ID. It's certainly no accident that student ID, even from a state school, is left off the list."

However, unlike the Ohio House bill, Wisconsin's law would allow students wanting to vote to use a valid identification card issued by a university or college in Wisconsin, or allow a person to obtain a free state ID if he cannot afford the fee.

But Tokaji said the Republicans are aiming at the wrong target. Most documented vote fraud involves mail-in absentee ballots — and yet the proposed Ohio legislation does not address that problem. “This reveals that the issue of voter fraud is a red herring — especially when one considers the utter lack of evidence that voter impersonation at the polls is a significant problem,” he said.


Palestinian UN bid enters unknown territory

May 23, 2011

Featured Expert: John B. Quigley

Professor John Quigley was quoted in an Associated Press article about President Obama's comment that a vote in the United Nation's would never create a Palestinian state. The General Assembly has never admitted a member without a favorable ruling of the Security Council, said John B. Quigley, an international law professor at Ohio State University. But, he said, the Palestinians and their supporters could try to rally arguments for the assembly to bypass council approval.

Quigley cited an advisory ruling from the International Court of Justice — a U.N. body — that a decision on membership must not involve political considerations and should only determine if a would-be member is peace-loving and meets the criteria for statehood. Conceivably, General Assembly members could claim that a U.S. veto was issued for inappropriate reasons, opening legal arguments at the U.N.

That may be a hard case for them to make, however. Quigley noted that another ICJ advisory ruling states a recommendation from the Security Council is needed for U.N. membership.


Obama's Ireland Trip Reminder Of White Branch Of His Family Tree

May 23, 2011

Professor john powell was mentioned in an NPR article about President Obama's trip to Ireland and the emphasis on the "white" side of his family tree. The article said: powell noted to (Shankar) Vedantam that the video documentary on Obama's life shown at the 2008 Democratic National Convention "emphasized his mother's side of the family — the white side — far more than it did his father's side, even though in his book, Dreams from my Father, Obama emphasized how important for him it was to find his identity as a black man to become a leader."


High court's Calif. ruling could lead to overhaul

May 23, 2011

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in an Associated Press article about a U.S. Supreme Court decision that ordered California to reduce its prison population to relieve overcrowding and the possibility the decision may lead some states to overhaul their tough-on-crime policies by reducing criminal sentences.  "It should provide even more impetus for other states already working on sentencing and corrections reform to understand that if they don't get our own acts in order, the federal courts will force them to do so," said Douglas Berman, an Ohio State University law professor and expert on sentencing law. "This is yet more of a reason why these reforms are critical to head off these kinds of dramatic showdowns in court." 


Legal services for Ohio State students expand with new fee

May 23, 2011

Featured Expert: Elizabeth Ilgen Cooke

Professor Elizabeth Cooke was quoted in a Lantern article regarding a new option for Ohio State students to purchase Student Legal Services as a student fee. The new service replaces the current Student Housing Legal Clinic. SHLC only covers landlord and tenant matters, said Elizabeth Cooke, clinical professor of law at Moritz College of Law. "The services (of the program) will be greatly expanded."

The new SLS will still do lease reviews with students and cover all landlord issues, Cooke said. She said practicing attorneys will provide representation through the SLS. It's undetermined if student interns will be part of the office.

"It's just like going into a law office," Cooke said. "(SLS) tried to focus their scope on matters that effect students," Cooke said. "They want students to be as successful as possible."


Q&A: Michelle Alexander on “The New Jim Crow”

May 20, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander was featured on KALW News in a question and answer feature piece.


Restricting Access or Restoring Integrity?

May 18, 2011

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Cincinnati City Beat article regarding a push for stronger voter identification law in Ohio.  “Provisions of this bill will upset the stability of our election system and make it more difficult for eligible citizens to vote and have their vote counted,” says Daniel P. Tokaji, a professor with the Ohio State University’s Election Law @ Moritz project. “House Bill 194 will result in years of controversy, litigation and confusion for the state of Ohio, at a time when Ohio’s election system is functioning better than it did in 2004. The net effect of the bill would be to make our election system worse than better.”


Pepper spraying Woodfest was legal in police's eyes

May 16, 2011

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in a Lantern article regarding a weekend party on campus that was broken up by police using pepper spray.  Ric Simmons, professor of criminal law and criminal procedure at the Moritz College of Law, said generally police can be held liable if they don't follow their own procedures. "They have the police procedures in place, and that is what they should be following," Simmons said. "If they don't follow those, they certainly could be sued." But Simmons, who does not know all the facts of this particular case, said the truth is often hard to establish after an event like Woodfest. "It's really hard to find out what the facts were if there were 1,000 people. If things happened very rapidly and people's memories might not be as good for a variety of reasons, legally, that might be a challenge," Simmons said. "Practically, it might be hard to demonstrate what did happen because I imagine it to be a very chaotic scene."


Did Boeing’s Meet the Press Sponsorship Allow Gingrich to Lie About Company’s NLRB Case?

May 16, 2011

Professor Jim Brudney was quoted in In These Times about an NLRB case involving Boeing.


Questions over citizenship a legacy of American slavery

May 15, 2011

Featured Expert: Sharon L. Davies

Professor Sharon Davies wrote an opinion editorial column in the Sunday Cleveland Plain Dealer discussing the long-history of questioning the citizenship of African-Americans in the United States and the link this has to the release of President Obama's birth certificate.


In Prison Reform, Money Trumps Civil Rights

May 14, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander wrote an opinion editorial column in the Sunday New York Times on the use of mass incarnation as a form of racial control.


Mike DeWine caught in crossfire on court challenge to campaign finance law

May 13, 2011

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the Cleveland Plain Dealer about an Ohio campaign finance law barring Medicaid providers from  giving to campaigns for attorney general or county prosecutor and whether Mike DeWine, current Ohio Attorney General, broke that law because of his stock interests in Walmart, CVS, Kroger. Daniel Tokaji, a professor of law at Ohio State's Moritz College of Law, called the move to draw DeWine into the case "procedural skirmishing" but said it does speak to whether the law is drawn too broadly. While Tokaji doesn't think "it's too far-flung an interpretation" to apply the law to DeWine or other holders of stock in corporations such as Wal-Mart, CVS or Walgreens, he said there is a matter of greater concern. "There is a bigger issue here which is whether singling out this particular group of contributors -- namely Medicaid providers -- is constitutionally permissible," Tokaji said. "I think the state has to come with some stronger evidence that contributions from this group have led to corruption than what I've seen in the record."


I.R.S. may tax gifts to groups active in politics

May 12, 2011

Featured Expert: Donald B. Tobin

Professor Donald B. Tobin was quoted in the New York Times, MSNBC.com, and other media outlets about the possibility the IRS may tax political contributions to certain types of organizations. “There are a whole heck of a lot of people misusing (c)(4) groups as a means of getting around campaign finance regulations, and we lack a coherent system of laws to deal with that,” said Donald B. Tobin, a legal expert on campaign finance and tax laws at the Moritz College of Law at Ohio State University. “Now here’s a stick, frankly, that says there are consequences for doing that.”


Secret Cash Dominates in State Court Races

May 12, 2011

Featured Expert: Donald B. Tobin

Professor Donald B. Tobin was quoted in Business Week about the increase in unidentified donors contributing money to state judicial races.  Anonymous contributions are legal in both Michigan and Ohio—and that's the problem, says Donald B. Tobin, a professor at the Ohio State University Moritz College of Law who specializes in campaign finance. "Whenever you have a lack of disclosure, you have a feeling of corruption or the feeling that you're not getting a fair day in court."


Stakes are high in tax battle over Ohio casinos

May 10, 2011

Featured Expert: Donald B. Tobin

Professor Donald B. Tobin was quoted in the Chillicothe Gazette regarding the battle between the state of Ohio and casino developers over taxes. Donald Tobin, a tax law expert at Ohio State University's Moritz College of Law, said casino developers are vulnerable on CAT because casinos are a new industry to the state, with no established precedents in Ohio law or general business practices. "Ohio courts are only bound by the law developed in Ohio," Tobin said. "It's an interesting case. The court is going to have a more difficult time interpreting the law given the lack of previous history and court decisions (regarding casinos in Ohio)."


Cuts at public universities destroy future prosperity

May 8, 2011

Featured Expert: Charles E. Wilson

Professor Charles Wilson wrote an opinion editorial column in dozens of McClatchy-Tribune owned newspapers regarding the affect budget cuts would have on public universities.


Sex Offender Arrested After Moving Out of Dumpster He Called Home

May 6, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in the ABA Journal about a homeless registered sex offenders who was arrested for not properly registering his address. Ohio State University law professor Doug Berman, who mentioned the incident on his Sentencing Law and Policy blog Thursday, said the episode "spotlights some of the sad realities" of modern sex offender laws and practices.


Computers used to spy on renters, suit claims

May 5, 2011

Professor Peter Swire was quoted in an Associated Press article regarding a computer rental chain that tracked keystrokes, took screenshots, and snapped webcam pictures of renters. "Kill switch" software on the computer allows the rental company or police to shut down the unit if it is stolen. Using such "kill switch" software is legal because companies can protect themselves from fraud and other crimes, said Peter Swire, a professor at Ohio State University's Moritz College of Law. "Owners can protect their property," Swire said. "Rental cars often have a GPS on them so you can't drive off with them. Computers are pretty easy to move around. So if I rent you a computer, I'd like to get it back." But in the case of the Wyoming couple, the actions allegedly took place "after they owned the computer," Swire said. "Once they own it, the kill switch shouldn't be operated." More important, grabbing data from someone's computer, whether it is keystrokes or photographs, "likely violates the Electronic Communications Privacy Act, which has civil and criminal penalties," Swire said.


Tennessee shared lethal injection drugs

May 5, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Tennessean story about the scarcity of lethal injection drugs. Douglas Berman, professor at the Ohio State University Moritz College of Law said states would have likely had fewer problems, legally and politically, had they slowed down and sought out federal guidance on how to make the death penalty work without sodium thiopental. “There ought to be a willingness to say, ‘This is a new kind of problem, and we need to sort through this the proper way,’ ” he said.


US aid to Pakistan a waste

May 5, 2011

Featured Expert: John B. Quigley

Professor John B. Quigley wrote an opinion editorial column in dozens of McClatchy-Tribune newspapers about U.S. aid to Pakistan.


November ballot issues at odds

May 2, 2011

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in the Mansfield News Journal about two potential ballot issues on the Ohio ballot in November: a referendum to overturn the new union law and a proposed amendment to the Ohio Constitution to prohibit a individual mandate to purchase healthcare insurance, a cornerstone of the new federal healthcare law.  The article said: Peter Shane, a law professor at The Ohio State University, said several sections of the amendment, which he reviewed at CentralOhio.com's request, run into federal constitutional problems.

"To the extent that an Ohio constitutional amendment purports to stop the operation of a federal law in Ohio ... the amendment would be null and void," he said.


Health care amendment might be on November ballot

April 29, 2011

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in the Lancaster Eagle Gazette on the possibility of an Ohio ballot measure aimed at amending the Ohio Constutition in an effot to overturn President Obama's national healthcare reform policy. "To the extent that an Ohio constitutional amendment purports to stop the operation of a federal law in Ohio ... the amendment would be null and void," Shane said.


Democrats opt for pragmatism on secret donors

April 29, 2011

Featured Expert: Donald B. Tobin

Professor Donald B. Tobin was quoted on MSNBC in an article about political ads run by 501(c)(4) nonprofit organizations.  “The problem with highly connected people like Karl Rove or Bill Burton forming these groups is it is hard to believe that successful politicians will have no idea who gave to the independent organizations," Tobin said. He continued, "but that doesn’t mean that a successful president will not know who his friends are. “This clearly raises significant concerns regarding the corruption of money and politics. You have situations where donors and candidates know of the support but no one else. Large, secret, contributions are a recipe for abuse and corruption.”


Prisoner? No, Your Honor, I’d Rather Be a Diplomat

April 28, 2011

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in the New York Times regarding the request of New York State Senator Vincent L. Leibell III to be sentenced to community service in a nation-building capacity in the Middle East instead of prison in relation to his public corruption charges. It is not uncommon for white-collar criminals — especially politicians — “to assert that community service is a much better use of their time and energies than sitting around in the pokey," Berman said.


Vajgrt: We're No. 1

April 28, 2011

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in the Rocky Mountain Collegian in an article highlighting American's not-so-great number one rankings.  “The chest-pounding about freedom and liberty that so many of our leaders do, both on the left and the right, seems inconsistent with this statistical anomaly. We live in a country conceived on the notion of liberty, but we lead the world in locking people up,” Berman said.


Five 2012 story lines to watch in 2011

April 28, 2011

Featured Expert: Donald B. Tobin

Professor Donald B. Tobin was quoted in an MSNBC article about the top five stories to watch for in the upcoming presidential election. Under number four, New Channels for Money, the story said: "Donald Tobin, an expert on the intersection of tax law and campaign finance law and a professor at Ohio State University’s Moritz College of Law, predicts 'an amazing explosion of these 501c4s in 2012.'”


Ohio looks to fill void left by grown-up baby boomers

April 26, 2011

Featured Expert: Charles E. Wilson

Professor Charles Wilson, an expert in education law and a member of the Worthington School Board, was quoted in the Lantern in an article about the upcoming teacher shortage in the state of Ohio.  "The problem is right now, even with a so-called ‘glut of teachers,' we can't find foreign language teachers, we can't find special-ed teachers, we can't find science or math teachers," Wilson said.Baby boomers largely occupy these hard-to-staff subjects, he continued. "If all of our teachers in those areas are in retirement age, when they retire, I shudder to think how we're going to replace them," Wilson said.


Increasingly Cautious, Unions Less Likely To Strike

April 26, 2011

Featured Expert: David Stebenne

Professor David Stebenne was quoted in multiple NPR outlets about the growing trend against labor union strikes. "The closer it gets towards a public employee who on a daily basis does something that saves lives, the more resistant the public is to striking," Stebenne said.  "They may be sympathetic to other forms of labor activity, but simply walking off the job is not generally viewed as acceptable." Stebenne said union workers initially won the battles of the late '70s and '80s, but increased foreign competition and other economic factors have since led to more anti-union sentiment. That's why, today, going on strike can be a much riskier move. "You might actually lose." he said. "And your union might be destroyed in the process. And so labor — as it gets weaker — becomes ever more cautious."


What the law says about 'birther' bills

April 25, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel P. Tokaji was invited by CNN to write and opinion piece on the legalities of so-called "birther bills" that require presidential candidates to prove citizenship before they can appear on a ballot in a state. "States have the power to determine whether presidential candidates are qualified to serve. They don't have the power to impose new requirements that would keep qualified candidates off the ballot. Imposing additional qualifications would violate Article II of the Constitution," Tokaji wrote.


Consumer advocates say housing finance needs reform

April 23, 2011

Professor Peter Swire was quoted in the Las Vegas Review-Journal about mortgage administrators who purchase extra insurance policies without the consent of the owner.  "At one point I had three different flood-insurance policies in place that I didn't need. Each time the problem was resolved, the whole cycle started over again," Swire said, using his own experience as an example.


Allow Ohio's college students to use school IDs to prove residency when voting

April 20, 2011

Featured Expert: Ruth Colker

Professor Ruth Colker was quoted in the Cleveland Plain Dealer in a post focusing on Ohio House Bill 159, which would require all voters to show a state-issued photo ID in order to vote. "No one has raised a single example of an incident of voter fraud in Ohio that was not prevented under current law but would have been prevented if HB 159 were in effect," wrote Colker.


OSU law prof, citizen watchdog comment on Ohio SOS disability voting grants

April 18, 2011

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the Examiner about a recent proposal by the Ohio Secretary of State to provide grants to improve accessibility to and participation in the election process for individuals with disabilities.  Tokaji provided extensive comments related to HAVA - the Help America Vote Act - and common barriers those with disabilities face when trying to vote.


Ariz. plows controversial ground with birther bill

April 16, 2011

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in dozens of publications, including the Salt Lake City Tribune, Fox News, and St. Paul Pioneer Press, about the Arizona legislature's bill requiring all Presidential candidates to prove their citizenship before their names can appear on the ballot.  The article said: Daniel Tokaji, an election law expert at Ohio State University's law school, said he doesn't think the bill on its face conflicts with federal law. But he said a court might find its application unconstitutional. "I think the state of Arizona, like any other state, is entitled to formulate rules to ensure that candidates whose name appear on the ballot are in fact qualified," Tokaji said.


Foreclosure deals fails to protect owners seeking help, advocates say

April 15, 2011

Professor Peter Swire was quoted in a Los Angeles Times article about the banking industry's tactic called "dual tracking," in which a bank continues foreclosure proceedings on a homeowner seeking a loan modification.  "The biggest problem is that a majority of the modifications today are proprietary, The banks are not on the hook for their non-HAMP modifications,"  Swire, who is  a former economic advisor to President Barack Obama specializing in housing issues, said in the article.


 

 


U.S. Foreclosure Settlement Muddies Outlook for Mortgage Relief

April 14, 2011

Professor Peter Swire was quoted in a Bloomberg News Service article about the recently  foreclosure-abuse settlements that require major banks to review all foreclosures that took place in 2009 and 2010.  “The regulators’ settlement lets the banks’ defenders say that anything else is piling on,” Swire said in the article.


Landmark online privacy legislation introduced in Senate

April 12, 2011

Professor Peter Swire was quoted in the Los Angeles Times about the Commercial Privacy Bill of Rights, an online privacy bill that was recently introduced in Congress.  "This is not a fringe issue. There's bipartisan support from national leaders to do something here," Swire said in the article.



 

 


What’s behind the surge in right-wing prison reformers?

April 11, 2011

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted on KALW 91.7 in San Francisco about trends in prison reform.  “There are some good people that get sent to prison, and some evil people who don’t. It’s essential to the usual conservative ideology that’s tough on crime to think, ‘There are the good people that the politicians need to protect from the bad people. And the bad people go to jail.’ Going to prison and experiencing that nothing is ever that black and white plays a significant role in conservatives coming out and becoming reform advocates,” Berman said.

 


U.S. Supreme Court Wants Quick Response in Ohio Vote-Counting Case

April 11, 2011

Featured Expert: Edward B. Foley

Professor Ned Foley was quoted in a Ballot Access News article about the Hamilton County Board of Elections request in the U.S. Supreme Court to stay an order by the U.S. Sixth Circuit Court of Appeals requiring certain provisional ballots from a November 2010 judicial election to be counted. The article said: "The brief also points out that election law professor Ned Foley wrote recently that this case is the most significant instance so far in which a lower court has depended on Bush v Gore."


Why we shouldn't abolish the Electoral College

April 10, 2011

Featured Expert: Howard P. Fink

Professor Howard Fink wrote an opinion editorial in the Tampa Tribune arguing in favor of the Electoral College.  Fink argued that the Electoral College provides stability when elections are close and waiting for a nationwide recount would be chaotic.


The Root: We Can't Afford To Not Fix Justice System

April 7, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander was quoted on NPR in regards to reforming the nation's criminal justice system. The article says: "Our criminal-justice system today undoubtedly functions much like a racial caste system, as Michelle Alexander, author of The New Jim Crow, so aptly points out. Being labeled a felon effectively strips away crucial rights from an individual, locking him or her into second-class status indefinitely, unable to vote, secure a good job or find safe and affordable housing."


Cleveland Browns Fan Sues NFL over Lockout; Experts Give Suit Little Chance

April 5, 2011

Featured Expert: Larry T. Garvin

Professor Larry Garvin was quoted in an ABA Journal article about a fans lawsuit against the National Football League and Cleveland Brown for breach of contract related to the upcoming lockout.  "He has effectively no chance of winning," Garvin said in the article.  Garvin also pointed out that no games have been missed, damages are low, and plaintiff's contract may be satisfied by games played with replacement players.


Mass Incarceration Creates Costly Disaster Across America

April 4, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander was quoted in an online newsletter, This Can't Be Happening. The author focused on Professor Alexander's remarks during a recent lecture at Princeton University. The post said: "Ohio State University Law Professor Michelle Alexander...said a major reason why imprisonment rates soared during the past four decades despite decreases in crime rates is anti-crime policies craftily manipulated by conservative Republican officials for political purposes.Harsh anti-crimes policies of the 1970s and 1980s were largely a “punitive backlash” to advances of the Civil Rights Movement, said Alexander, author of the hugely popular 2010 book The New Jim Crow: Mass Incarceration in the Age of Colorblindness."


Ohio House Speaker William G. Batchelder says Georgia’s voter ID law didn’t dissuade black voters from participating

April 4, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel P. Tokaji was quoted in the Cleveland Plain Dealer's PolitiFact Ohio column about whether a voter ID law in Georgia, which is similar to one proposed in Ohio, affected voter turnout. "It's an obviously specious argument," said law professor Daniel Tokaji, associate director of Ohio State University's Election Law @ Moritz project, who testified against the photo-ID bill. "A lot of things affect turnout. The last two election cycles are ones in which the Democratic base has been extraordinarily motivated."

 


SB 5 signed, still sparks debate

April 4, 2011

Featured Expert: Charles E. Wilson

Professor Charlie Wilson was quoted in a Lantern article about Governor Kasich's signing of SB 5, which limits collective bargaining for public employees in Ohio. Charlie Wilson, a professor and labor law specialist at the Ohio State Moritz College of Law, said the only employment field that will truly benefit from SB 5 is the legal profession, referring to it as the "Lawyers' Full Employment Act of 2011." Wilson said that though the current seniority-based system is flawed, the merit-based system of cuts is not strongly defined and will result in costly lawsuits for the school districts. "It's going to be a great statute for lawyers overall because there's going to be all kinds of individual suits," Wilson said. "Right now, the good thing about collective bargaining is that all this is resolved in mediation and arbitration, which very, very rarely involves lawyers, and it's done cheaply and expeditiously." Aside from students joining the legal profession, Wilson said SB 5 has the potential to drive many students out of Ohio after graduation, especially those in the teaching and education fields, citing other states who have done away with collective bargaining for teachers.


National panel needed to tackle cyber crime

April 3, 2011

Professor Peter Swire was quoted in the publication Cyber Media about cyber crime. Peter Swire, professor at Moritz College of Law at Ohio State Univiersity, emphasised the vital role of data encryption in safeguarding the digital economy. Strong encryption is feasible and is the correct answer as fast innovations take place, said Swire, who was earlier a special assistant to President Barack Obama.


D.C. case’s disparity in sentences sheds light on federal judges’ discretion

April 3, 2011

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in a Washington Times article about disparities in the sentences of two defendants sentenced in federal court in DC for similar crimes. “There is absolutely no doubt that defendants who plead guilty get a benefit from prosecutors and the judge, but it does seem pretty dramatic here,” said Doug Berman, a sentencing analyst and law professor at Ohio State University.


Former TV anchor glad she challenged IRS

April 3, 2011

Featured Expert: Donald B. Tobin

Professor Donald B. Tobin was quoted in a Columbus Dispatch article about a local television anchor who challenged an IRS ruling that prohibited her from deducting the cost of clothes and other business expenses on her taxes. The decision doesn’t surprise Donald B. Tobin, associate dean of the Ohio State University Moritz College of Law. Tobin teaches a class on federal income-tax law and uses the case of a saleswoman at a high-end clothing store as an example. In that case, the saleswoman argued that she had to wear clothing from the store while she worked, but that she never would have worn it otherwise, so she deducted the cost as a business expense. The IRS disallowed the deduction. “It only cares about whether you can use it, not if you actually do use it,” Tobin said.


Voting law would disenfranchise the young and the elderly: Ruth Colker

April 2, 2011

Featured Expert: Ruth Colker

Professor Ruth Colker wrote an op-ed in the Cleveland Plain Dealer regarding Ohio House Bill 159, which would require voters to show a state-issued photo id at the polls prior to voting. "HB 159 would disenfranchise many voters, in particular the young and the elderly, and is a waste of resources at a time when our state is struggling financially," Colker wrote.


Hood symptomatic of social issues

March 31, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander was quoted in Red and Black, a University of Georgia newspaper, about the shooting of a police officer.  The article said: "More black men are imprisoned, on probation or on parole today than were enslaved before the Civil War, according to Michelle Alexander, law professor at Ohio State University."


Abortion bill wins early vote

March 31, 2011

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a Columbus Dispatch article about the "heart beat" bill currently being debated in the Ohio Legislature. The article said: "An Ohio State University law professor cautioned yesterday that "House Bill 125 cannot be upheld in its entirety under existing federal constitutional rules." Marc Spindelman testified that the U.S. Supreme Court has found that states cannot block a woman from seeking an abortion of a nonviable fetus. The proposed legislation, he said, would ban abortions at a point where the fetus could not likely survive outside the womb. "This constitutional conclusion is unaffected by what a number of proponents and supporters of House Bill 125 regard as its noble purposes: the protection and preservation of human life," Spindelman said."


Brotherhood poses no threat

March 31, 2011

Featured Expert: John B. Quigley

Professor John B. Quigley wrote an op-ed in The Bellingham Herald and multiple other newspapers on The Muslim Brotherhood's role in Egypt. "The Muslim Brotherhood is no threat to democratic development in Egypt. The Brotherhood is a well organized movement in Egypt, but it was not the spark for the protests that led to the recent change in government," Quigley wrote.


Ohio’s Anti-Union Law Is Tougher Than Wisconsin’s

March 31, 2011

Professor James J. Brudney was quoted in the New York Times in an article comparing Ohio's new law prohibiting public employees from collective bargaining to that of Wisconsin.  “It’s pretty much evisceration of collective bargaining in both states,” said James Brudney, an Ohio State law professor.


Author explores racism, incarceration at meeting

March 31, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander's book, The New Jim Crow Law: Mass Incarceration in the Age of Colorblindness, was reviewed by the Waterloo Cedar Falls Courier.


More Black Men Now in Prison System than Were Enslaved

March 30, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander was featured in an article in the UK Progressive.  The story was based on a lecture Professor Alexander gave in Pasadena, California on her book, The New Jim Crow: Mass Incarnation in the Age of Colorblindness. “More African American men are in prison or jail, on probation or parole than were enslaved in 1850, before the Civil War began,” Alexander said during the lecture.


More Black Men in Prison, Penal System, Than Were Enslaved in 1850, Author Michelle Alexander Tells L.A. Area Audience

March 30, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander was quoted in LA Weekly about her book The New Him Crow: Mass Incarnation in the Age of Colorblindness. 


Feds fall short on mortgage aid

March 30, 2011

Professor Peter Swire was quoted in the San Jose Mercury News in an article about the Obama Administration's efforts to help struggling homeowners facing foreclosure. The article found the program has not helped nearly as many homeowners are originally predicted. "I wish the 3-4 million had never been uttered," said Peter Swire, a former special assistant to Obama for economic policy.


Ohio Lawmakers Pass Anti-Union Bill

March 30, 2011

Professor James J. Brudney was quoted in a New York Times article focusing on the Ohio Legislature's passing of bill that will limit public-employee unions. The article said: "But James Brudney, a labor law professor at Ohio State University, said the bill effectively crippled collective bargaining. “There’s a kind of mask or illusion element in this,” he said. “The essence of collective bargaining is when you can’t agree on terms of a contract, you have a dispute resolution mechanism, by strikes or perhaps binding arbitration. Here, you have none of that. That’s not collective bargaining. I’d call it collective begging. It’s a conversation that ends whenever an employer decides that it ends.”"


Proposed Ohio Voter ID Law Most Stringent in Country

March 29, 2011

Featured Expert: Ruth Colker

Professor Ruth Colker was interviewed by KPKF Pacifica Radio regarding Ohio House Bill 159, which would significantly change Ohio's voter identification law.  Colker discussed the bill's impact on both young and old citizens as well as economic consequences. 


Black Male Incarceration and the New Jim Crow…

March 29, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander's book,  The New Jim Crow, was reviewed by Thy Black Man. The reviewer wrote "What I respect about the work of Michelle Alexander is that she is using her scholarship for a productive purpose, instead of writing a bunch of research papers that no one will ever read (as many black scholars are unfortunately conditioned to do).  Mass incarceration is one of the most devastating problems facing black America today and it also serves to undermine the stability of the black family in America." 


CAAS hosts talk on race, prisons

March 28, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander was quoted in The Daily Princetonian regarding her keynote address at a conference on mass incarnation and racial tensions at Princeton University. The foundation of the discussion was Alexander’s 2010 book The New Jim Crow, which contends that mass incarceration has led to a new racial caste system in America perpetuated by the principle of colorblindness.


Photo-ID bill is a solution in search of a problem

March 28, 2011

Featured Expert: Ruth Colker

Professor Ruth Colker published an op-ed in the Columbus Dispatch regarding Ohio House Bill 159, which would change Ohio's voter identifcation law. Colker strongly advocated against the bill, arguing it would disenfranchise both young and old voters.


Review casts doubt on outcome of race

March 27, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel P. Tokaji was quoted in a Toledo Blade article on the counting of provisional ballots in the November race for Lucas County Commissioner. The article said: "A widely respected election-law expert contacted by The Blade, Daniel Tokaji of the Ohio State University Moritz College of Law, said: 'It seems to me there were some interesting questions of law that could have reasonably been decided both ways.' Still, he said Ohio courts have a history of erring on the side of the voter when the flaw can be blamed on a mistake by an election worker. 'I think the lesson for candidates in the future is if you've got a strong case for not counting certain ballots, get judicial action before the ballots are counted. It's hard to put the genie back in the bottle,' Mr. Tokaji said."
 


Browns Fan Sues League and Teams

March 26, 2011

Featured Expert: Larry T. Garvin

Professor Larry Garvin was quoted in an article about a Cleveland businesman who is suing the NFL and its teams for breach of contract because of the current lockout.  Garvin was quoted as saying " He has effectively no chance of winning."


Inside a Chinese Counterfeiting Ring

March 24, 2011

Featured Expert: Daniel C.K. Chow

Professor Daniel C.K. Chow was quoted in the Minyanville in an article focusing on counterfeit goods from China.   “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 anywyere," Chow said.  


Ohio Republicans pass new Jim Crow law disenfranchising 900,000 voters

March 24, 2011

Featured Expert: Daniel P. Tokaji

Professor Daniel P. Tokaji was quoted in an OpEdNews.com and The Free Press column regarding an proposed new voter identification law in Ohio. The article said, "Usually cautious critics like Dan Tokaji, Professor of Law at Ohio State's Moritz College of Law, offered dire assessments: 'Disenfranchisement' isn't a word to be used lightly. But it is necessary to capture this bill's purpose and impact. Passage of this bill would restore our state's unfortunate reputation as our nation's capital of vote suppression.'"

 


Making voters show photo ID is bid to hassle

March 24, 2011

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the Springfield News-Sun about an Ohio House bill that would require voters to show a photo ID at polling places. The article said:  Daniel Tokaji, associate director of Ohio State University’s Election Law @ Moritz project, said the bill “would make it more difficult for eligible citizens to vote and have their votes counted, while doing nothing to promote electoral integrity.”


Voter photo-ID bill moving fast through Ohio House

March 22, 2011

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Columbus Dispatch story about a bill moving through the Ohio House of Representatives that would require voters to show a photo ID before voting. The story states: “In written testimony to the committee, Daniel Tokaji, associate director of Ohio State University's Election Law @ Moritz project, said the bill ‘would do much harm and no good.’ It ‘would make it more difficult for eligible citizens to vote and have their votes counted, while doing nothing to promote electoral integrity.’”


OSU voting law prof says GOP voter ID bill 'another great embarrassment for Ohio

March 22, 2011

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an Examiner article about the Ohio Fair and Secure Elections Act bill, which would require voters to show a photo ID at the polls in order to vote. Tokaji was quoted extensively and said, "Sadly, this appears to be its only real purpose. Its passage would be yet another great embarrassment for our state."


Opening Argument - PATRIOT Act Hysteria Meets Reality

March 22, 2011

Professor Peter Swire was cited in the National Journal regarding the Bush administration's attempt at making the effects of the Patriot Act permanent. "Critics, including Peter Swire, a law professor at Ohio State University who is the Section 215 critic on PatriotDebates.com, also make a strong case that a gag-order provision in Section 215 is unduly sweeping," according to the article.


Fort Worth police shooting shines light on racial unease

March 12, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander was quoted in a Star Telegram story about racial unease in Fort Worth. The story states: “Among the concerns is uneven enforcement of drug laws. And studies show that while drug-use rates are roughly the same among blacks and whites, blacks are incarcerated at much higher rates for drug offenses. When blacks ask for better policing, what they get is more policing and longer sentences, said Michelle Alexander, a professor at Ohio State University Law School.”

A Legal Privilege That Some Lawmakers See Broadly

March 11, 2011

Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in a New York Times story about the protection of lawmakers from prosecution. The story states: “Just how protected lawmakers should be from prosecution is an issue that many states grapple with, said Steven F. Huefner, a law professor at Ohio State University who studies the issue. He said the privilege, which is included in the United States Constitution and in many state constitutions, was designed to protect lawmakers from civil matters that would interfere with their legislative duties. ‘The legislative privilege should not become a get-out-of-jail-free card or escape-from-ever-being-put-in-jail card for state legislators,’ he said during a presentation on the issue during the National Conference of State Legislators Summit last year.”


Full impact of Senate Bill 5 on SWCS is still unknown

March 9, 2011

Professor Jim Brudney was quoted in a Grove City News story about Senate Bill 5. The story states: “‘It would seem as if it would give the school district a lot more power to demand certain things,’ said Jim Brudney, a professor at the Ohio State University Moritz College of Law.”


Mortgage servicing errors highlight need for change

March 6, 2011

 

Professor Peter Swire was quoted in a Los Angeles Times story about the errors that mortgage companies makes. The story states: “‘Homeowners need some market or legal check against mistakes and abuses’ by loan servicers, said Swire, who left the White House in August after serving for 18 months as special assistant to the president for economic policy. ‘I'm not saying servicers don't care. The point is, there is a lack of incentives for servicers to care.’”


Some critics not out to kill SB5

March 4, 2011

Featured Expert: Charles E. Wilson

Professor Charles Wilson was quoted in a Middletown Journal story about the Ohio Senate’s vote on the collective bargaining bill. The story states: “Professor Charles Wilson, of Ohio State’s Moritz College of Law, worries that the legislation is a ‘full employment act’ for lawyers. A Worthington school board member whose practice formerly was to represent management, he thinks age-discrimination lawsuits, for instance, could become common if school districts aren’t careful about how they decide whose teaching contracts aren’t renewed and who is laid off.”


'The New Jim Crow’

March 2, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander was mentioned in a Macon.com story about her book The New Jim Crow: Mass Incarceration in the age of Colorblindness. The story states: “Alexander convincingly argues that it was the Reagan administration’s ‘War on Drugs’ that presented an organized public relations campaign that created the story of drug criminals and users as African Americans and other people of color.”


Law Prof Sees Opportunity for Defense Lawyers in High Court Decision for Rehabilitated Felon

March 2, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in an ABA Journal story about a U.S. Supreme Court decision issued on judges’ powers at resentencing. The story states: “The blog Sentencing Law and Policy calls the decision in Pepper v. United States ‘the biggest federal sentencing case of the term to date.’ The author, Ohio State law professor Douglas Berman, says defense lawyers are likely to cite this section of Sotomayor’s opinion dealing with judges’ ability to reject policy statements within the federal sentencing guidelines: ‘Our post-Booker decisions make clear that a district court may in appropriate cases impose a non-guidelines sentence based on a disagreement with the Commission’s views. That is particularly true where, as here, the Commission’s views rest on wholly unconvincing policy rationales not reflected in the sentencing statutes Congress enacted.’”


Fifth Third reveals SEC subpoena

March 1, 2011

Featured Expert: Dale A. Oesterle

Professor Dale Oesterle was quoted in a Cincinnati.com story about Fifth Third Bancorp disclosing in its annual report that it is under investigation by the Securities and Exchange Commission. The story states: “Dale Oesterle, a law professor and securities law expert at Ohio State University, said the SEC appears to be taking issue with how Fifth Third reported some of its numbers. He said the issue could arise from a disagreement over valuation of some loans, how much the banks has reserved for some problem assets or accounting for some loans that have been written off as uncollectible. ‘It’s awful early in the process to get alarmed – sometimes they (the SEC) look at these things and nothing comes of them,’ he said.”


Jail time for sneaking kids into a better school: Was justice served?

February 28, 2011

Professor john powell was quoted in a Jewish World Review story about a woman who served nine days in jail for falsifying documents to enroll her children in a wealthier and safer school district. The story states: “The idea of sending a person to jail for ‘stealing a good education’ for her child is ‘absurd,’ says John Powell, executive director of the Kirwan Institute for the Study of Race and Ethnicity at The Ohio State University. ‘In our society, where education is the bedrock of our democracy — where it's not provided [equally, that's] the crime.’”


One at a Time, Please

February 28, 2011

Featured Expert: Charles E. Wilson

Professor Charlie Wilson was consulted for a Slate magazine story regarding Wisconsin and how it can stop its public employees from using collective bargaining.


Moritz Charter School Debate

February 27, 2011

Featured Expert: Charles E. Wilson

Professor Charles Wilson was quoted in an Examiner.com story covering a debate between Wilson and James Callender regarding whether Ohio should restrict or expand the number of charter schools. The story states: “Wilson sparked debate by offering nine reasons why he opposes the expansion of charter schools. After citing issues like the diverting of funds from district-run public schools, the national and state-wide low rate of success, and the scandals that have plagued Ohio charters, Wilson concluded Ohio should restrict the number of charter schools in the state rather than increase it.”


What Is the Muslim Brotherhood?

February 26, 2011

Featured Expert: John B. Quigley

Professor John Quigley was quoted in an ABCNews.com story about the Muslim Brotherhood emerging as one of the most powerful opposition groups in Egypt. The story states: “In the show, international law expert John Quigley Skypes in with Ross from Ohio State University to discuss Davis' case and answer viewer questions from Twitter. In Davis' case, it's not enough to have a diplomatic passport, Quigley said.”


Ohio's marriage amendment called safe

February 26, 2011

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a Columbus Dispatch story about what effect the Obama administration will have on Ohio’s same-sex marriage ban. The story states: “Marc Spindelman, an Ohio State University Moritz College of Law professor, said the president's order is not binding on state courts and thus is not an immediate threat to Ohio's amendment, which defines marriage as solely between one woman and one man. However, he said it almost certainly will have an impact in the future.”


Al Sharpton, John Powell talk about Obama

February 25, 2011

Professor john powell was quoted in The Washington Post in a story about activists opinions on how the nation's first black president should handle racial issues. The story states: “John Powell, head of the Kirwan Institute for the Study of Race and Ethnicity at Ohio State University, says the president's approach has both rhetorical and substantive shortcomings. He argues many majority-black areas were hit harder by the recession than other communities, and fixing these kinds of problems requires a frank, specific conversation that directly addresses race and policies more directly targeted to blacks.”


Why Won’t Obama Meet with Unemployed?

February 25, 2011

Professor john powell was quoted in an AllGov.com story about President Obama not visiting with unemployed Americans during his tours of the country. The story states: “John Powell, executive director of the Kirwan Institute for the Study of Race and Ethnicity at Ohio State University, asked: ‘Where is the olive branch to the working-class community, the unions, the everyday folks?’”


Same-sex marriage: Courts expected to heed Obama move

February 24, 2011

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a San Francisco Chronicle story about President Obama’s decision to stop defending the Defense of Marriage Act. The story states: “Courts have used a similar analysis to strike down laws that discriminate against women. Only a handful of courts - including the California Supreme Court - have applied the same test to sexual orientation, but the administration's standard could tip the scales against Prop. 8 and other state laws banning same-sex marriage, said Marc Spindelman, an Ohio State law professor.”


White House plans mortgage deal to settle lender disputes

February 24, 2011

Professor Peter Swire was quoted in Marketplace segment about the Obama administration’s plan to settle mortgage-servicing breakdowns that involved practices like robo-signing foreclosure documents. Swire states: “‘It's a good step for the banks because they'll try to put the mess behind them from robo-signing. It's a good deal for consumers and for the housing market, because it can make money available to try to fix some of the problems we're facing.’”


On Obama jobs tour, unemployed have little voice

February 22, 2011

Professor john powell was quoted in The Washington Post in a story about Obama’s tour across the country. The story states: “Said john powell, executive director of the Kirwan Institute for the Study of Race and Ethnicity at Ohio State University: ‘There has been an olive branch to the corporate community after the election. Where is the olive branch to the working-class community, the unions, the everyday folks? It's hard to imagine a Democratic president doing a jobs tour and not meeting with people who are out of work or [with] unions.’”


U.S. Supreme Court to consider Louisville man's crack-cocaine sentence

February 22, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in The Courier-Journal in a story about the sentencing of crack-cocaine offenders. The story states: “Experts on federal sentencing, including Ohio State University law professor Douglas Berman, who writes a blog on the subject, say Freeman's case could affect ‘several hundred’ to ‘a few thousand’ inmates who are serving long sentences for crack offenses.”


Collective bargaining 101

February 20, 2011

Featured Expert: Charles E. Wilson

Professor Charlie Wilson was quoted in a Mansfield News Journal story explaining how collective bargaining works in Ohio. The story states: “Wilson said the (fair share) fee tells workers: ‘You can't freeload. You have to pay your proportionate amount that we pay for getting lawyers to represent workers who were demoted or transferred or claimed that they were treated in a way that was in violation of their rights.’”


Collective bargaining debate heats up

February 19, 2011

Featured Expert: Charles E. Wilson

Professor Charlie Wilson was quoted in a Fremont News-Messenger story about the Ohio debate over collective bargaining for state government employees. The story states: “Charlie Wilson, an Ohio State University law professor and an expert in labor law, said if collective bargaining is repealed for public employees, the state will return to the days of the ‘blue flu.’ Public employees will strike. Services will stop.”


Officials brainstorm ways to reduce OH prison costs

February 18, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a WTOL.com story about ways Ohio can reduce its prison costs. The story states: “’We particularly should be worried, as I am, that when we incarcerate the wrong people it's making us less safe,’ said Douglas Berman, a law professor with The Ohio State University.”


FIRST AMENDMENT QUOTE of the DAY: Christopher Fairman

February 17, 2011

Featured Expert: Christopher M. Fairman

Professor Christopher Fairman was quoted as the Mansfield News Journal’s “First Amendment Quote of the Day.” The story states: “‘Freedom of expression has come at a dear price, and it is not worth abridging, even so we can get along a little better. That's one F-word we really can't do without.’ -- Christopher Fairman, law professor, Ohio State University, 2010”


Boardman levy threat sparks debate

February 17, 2011

Featured Expert: Charles E. Wilson

Professor Charles Wilson was quoted in a Youngstown Vindicator story about the Boardman police levy being withdrawn if new insurance plans are not approved. The story states: “‘So, if the parties are not at impasse over the health-insurance issue, I believe that it is likely that SERB would find an unfair labor practice if the township were to take the police levy off the ballot,’ Wilson said.”


Speaker's NY death highlights assisted-suicide law

February 13, 2011

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in an Associated Press story about a New York motivational speaker’s death. The story was printed in more than 200 newspapers. It states: “‘This case has 'unusual' written all over it,’ says Marc Spindelman, a professor at Ohio State University's Michael E. Moritz College of Law. He studies legal issues surrounding death and dying.”


Crain's editorial: Not so fast

February 13, 2011

Featured Expert: Charles E. Wilson

Professor Charles Wilson was quoted in a Crain’s Cleveland story about two of Gov. Kasich's more controversial ideas for change. The story states: “‘There is no way to enforce a no-strike clause,’ Mr. Wilson said. ‘It's hard to find good science and math teachers.’ He could have included good policemen and firefighters, too.” (Subscription Required.)


Three Reasons Why A ‘Do Not Track’ Bill Will Pass In 2011

February 12, 2011

Professor Peter Swire was quoted in a paidContent.org story about the ‘Do Not Track’ privacy proposal. The story states: “‘It’s a word that puts advertisers in particular on the defensive,’ said Peter Swire, who took the position of privacy chief in 1999 under President Bill Clinton, and who was speaking at the same event. And it’s so short it fits perfectly into newspaper headlines—so short and useful that it’s tough to think of another phrase to replace it. ‘Reporters are stuck with the phrase,’ said Swire.”


Collective Bargaining

February 11, 2011

Professor Jim Brudney was recently a guest during a WOSU segment about the Ohio Senate Bill 5 and the proposed elimination of collective bargaining for government employees. Brudney stated: “There are nine states that ban collective bargaining by all state and local public employees. They face an average budget deficit of just over 16 percent. The average budget deficit for the 15 states in the District of Columbia that allow collective bargaining for all public employees is also just over 16 percent.”


Not if the U.S. prods Israel to begin negotiating fairly with Palestine

February 10, 2011

Featured Expert: John B. Quigley

Professor John B. Quigley published and Opinion Editorial in the Sacramento Bee about the ascendance of Hezbollah in Lebanon in regards to the Israeli-Palestinian peace negotiations. The story states: “Were Israel to come to terms with Palestine on the basis of rights and obligations as internationally recognized - a reasonable accommodation on borders, on Jerusalem, and on repatriation of Palestine refugees - Israel would diminish the hostility it faces in the Arab world. Israel would have less to worry about from Hezbollah.”


Pa. woman says husband married another woman in Mahoning Co.

February 8, 2011

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a Youngstown Vindicator story about a case of bigamy and the laws surrounding it. The story states: “‘It’s a largely unnoticed but not at all insignificant feature of various constitutional marriage amendments. In addition to banning same-sex marriages, they regularly operate to preclude the state from recognizing plural marriages,’ said Spindelman.”


Plans Near for Freddie and Fannie

February 8, 2011

Professor Peter Swire was quoted in a New York Times story about the Obama administrations plans for replacing the two housing finance companies. The story states: “‘Industry-defining legislation often takes more than one Congress to pass,’ said Peter Swire, who served until August as a special assistant to President Obama on housing finance issues. ‘I think everyone wants a bigger role for private-sector housing finance going forward, and how to do that transition is just a big job.’”


Court: Judges can't force cooperation in clemency

February 7, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Lexington Herald Leader story about a federal appeals court rebuffing a death row inmates attempt to receive answers regarding clemency from prison administrators. The story states: “Douglas Berman, a professor at the Moritz College of Law at Ohio State University who studies sentencing and clemency, said the outcome in Baze's case isn't a surprise. Clemency procedures generally favor the inmate and most states will make a reasonable effort at getting inmates, particularly those on death row, what they need to put together a petition, Berman said.”


Sentences for child porn stir debate

February 6, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a story about federal judges sentencing those in possession of child porn to less than sentencing guidelines. The story states: “‘There is a collective sense that the guidelines have gotten severe to the extreme, particularly when the defendant is only downloading the pictures,’ said Ohio State University law professor Doug Berman.”


Child porn caseload rising

February 5, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Cincinnati Enquirer story about a federal campaign to use increasingly tough child pornography laws that has resulted in a flood of child pornography suspects in the nation's federal courts. The story states: “‘Because the Internet has made this kind of material more readily available, it's not as obvious that someone who looks at these images will be a serious threat to do harm to a child,’ Berman said. ‘We're to a point now where it's just one click. There may be a lot of serendipity as to whether that one click gets you one picture or a thousand pictures.’”


Housing finance changes likely to mean less government backing for some buyers

February 4, 2011

Professor Peter Swire was quoted in a Washington Post story about the Obama administration recommending reducing the size of mortgages eligible for government backing. The story states: “‘My reading of history is when the housing system is tanking in any major economy, governments have intervened,’ said Swire, a law professor at Ohio State University. ‘We'll get all of the problems of an eventual government rescue without the safeguards.’”


Kasich push for contract rule changes faces pitfalls

January 31, 2011

Featured Expert: Charles E. Wilson

Professor Charles Wilson was quoted in Crain's Cleveland Business a story about Gov. Kasich’s attempts to forbid public employee strikes. The story states: “‘There is no way to enforce a no-strike clause,’ said Charles Wilson, associate professor of law at Ohio State University. ‘It's hard to find good science and math teachers.’” (Subscription required.)


Ill. high court: Emanuel can run for Chicago mayor

January 28, 2011

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an Associated Press story about the Illinois' highest court putting Rahm Emanuel back in the race for Chicago mayor. The story states: “But Edward Foley, a law professor at Ohio State University, said the high court ruling made sense. ‘This wasn't a slam-dunk for Emanuel going in," he said. "But it shows the justices saw the appellate court ruling as a hiccup.’ When faced with an ambiguity in election law, he said, the justices ‘decided that you want to err on the side of letting voters vote for candidates that they want to.’”


What does it mean to be a resident of a city?

January 26, 2011

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an Associated Press story about Rahm Emanuel running for Chicago mayor. The story states: “Edward Foley, a law professor at Ohio State University who heads the school's election law program, said the court's decision to disregard intent was striking. ‘There is a general theme in election law that when in doubt, you err on the side of democracy,’ he said. ‘If there is any doubt about the understanding of the statute, you interpret it so that you let the voters decide.’”


The Drug War, Minorities and the Rust Belt

January 25, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander was mentioned in a RustWire.com story about the war on drugs. The story states: “In 2000, African Americans and Latinos made up over three fourths of all those sent to prison for drug offenses. According to Alexander, “blacks are admitted to prison on drug charges at rates from twenty to fifty seven times greater than that of white men.” The end result is that one in fifteen African American males is currently incarcerated and that’s not including all those on parole or at some other stage of the penal process. For these men the chances of obtaining any kind of adequate employment, or even shelter, are often highly problematic.”


Experts: Nasty posters have their own problems

January 23, 2011

Featured Expert: David A. Goldberger

Professor David Goldberg was quoted in a Columbus Dispatch story about a new kind of cyberbullying that denigrates the dead. The story states: “‘You’re putting the government in the position of deciding if this is nice enough speech,’ said Goldberger, a professor emeritus at Ohio State University’s Moritz College of Law. ‘It’s a free-speech issue. If you put a page up, it’s an open invitation for people to say what they want to say. The solution is for people to take down the comments rather than the government regulating content.’”


Another Chance for Second-Class Justice?

January 20, 2011

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in an OpEdNews.com story about the Obama Administration preparing to resurrect Military Commissions to try Guantanamo detainees. The story states: “‘Although the Commission system has been significantly improved through the Military Commissions Act of 2009, it will always be seen as offering a kind of second-class justice, and it is by no means obvious that anyone will be convicted through the Commission system who could not otherwise be prosecuted in federal court.’”


Entertaining State Tribute packs a punch

January 20, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander was quoted in a Madison Times story about the 31st annual Dr. Martin Luther King Jr. State of Wisconsin Tribute and Ceremony at which she was the keynote speaker. The story states: “‘One is tempted on a day like today to focus entirely on Dr. King's achievement and his contributions and the way that he helped transform our nation and our collective public consciousness,’ Alexander said. ‘But if there's one thing that Dr. King demonstrated consistently — as much as his commitment to non-violence — it was his commitment to the principle of honesty and about telling the whole truth about matters of race.’”


Ohio case may set U.S. voting precedent

January 19, 2011

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Columbus Dispatch story about Hamilton County’s race for juvenile judge. The story states: “‘It's not a high-profile race, but it may create a high-profile precedent,’ said Edward ‘Ned’ Foley, director of an elections-law center at Ohio State University.”


Moritz establishes corporate fellowship program

January 18, 2011

Featured Expert: Alan C. Michaels

Professor Alan Michaels was quoted in a Daily Reporter story about the creation of the Moritz Corporate Fellowship Program. The story states: “‘This initiative will not only give our graduates a terrific career-building experience but it will also allow Moritz and partner corporations to strengthen our relationships and benefit one another,’ Michaels said.” (Subscription required.)


Online Privacy Protection and Regulation

January 18, 2011

Professor Peter Swire recently ran a panel in Washington, D.C., about online privacy on a segment of CSPAN. Professor Swire states: “The reason the panel is happening is that privacy, once again, is a hot topic. It’s on the front pages of the newspapers. Many of you might have read part of the Wall Street Journal series about new tracking devices that happen online. The Federal Trade Commission and the Department of Commerce both have reports out for comment. Comments are due by the end of January, so people are busy around town trying to figure out what to say about privacy for that reason.”


Madison celebrates the life and lessons of King

January 17, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander was quoted in a Wisconsin State Journal story about University of Wisconsin’s celebration of Martin Luther King, Jr. The story states: “‘This (prison) system is not going down without a fight,’ said keynote speaker Michelle Alexander, an Ohio State University law professor who just published a book comparing the country's racial disparity in prison to the Jim Crow laws that ignited the Civil Rights movement.”


Black leaders regroup to address widening poverty among African American children

January 17, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander was quoted in a Washington Post story about growing rates of poverty among black children. The story states: “Michelle Alexander, a professor at Ohio State University's college of law and author of ‘The New Jim Crow: Mass Incarceration in the Age of Colorblindness,’ said that among participants there was a ‘common commitment to ensuring that the fate of black children today is dramatically improved in coming years.’ She gave a presentation about her book, in which she argues that high incarceration rates among African Americans is tantamount to discrimination in the Jim Crow South.”


Juvenile judge case heading to U.S. Supreme Court?

January 17, 2011

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Cincinnati Enquirer story about Hamilton County’s race for juvenile judge. The story states: “‘This dispute appears to have the potential of forcing the U.S. Supreme Court itself, or at least one of its Justices (indeed, its newest member, Justice Elena Kagan), to weigh in on how the precedent of Bush v. Gore applies to other elections besides the one in which it arose (which was, of course, the 2000 presidential election),’ Foley writes in a Jan. 14 post.”


A Critic at Large: The Commandments: The Constitution and its worshippers.

January 17, 2011

Featured Expert: Gregory A. Caldeira

Professor Greg Caldeira was mentioned in a New Yorker story about criticisms of the Constitution. The story states: “About a quarter of American voters are what political scientists call, impoliticly, ‘know nothings,’ meaning that they possess almost no general knowledge of the workings of their government, at least according to studies conducted by the American National Election Survey since 1948, during which time the know-nothing rate has barely budged. Critics, including James L. Gibson and Gregory A. Caldeira, have charged that these studies systemically overestimate political ignorance.”


Real-world danger of porn offenders uncertain

January 15, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Times Leader story about the danger porn offenders pose to children and the general public. The story states: “‘I don’t think anyone would deny that downloading and viewing child pornography is a valid risk factor for someone to do a contact offense. To say it is a conclusive risk factor or that it is such a risk factor that it alone justifies a severe sentence is a leap,’ Berman said. ‘What the commission needs to do is come up with some mechanism to distinguish the voyeur-only cases from the more serious offenders.’”


NAACP Image Award Nominees We Love, and Some We Don’t

January 14, 2011

Featured Expert: Michelle Alexander

Professor Michelle Alexander was mentioned in a ColorLines story about the NAACP Image Award nominations. The story states: “Ohio State University law professor Michelle Alexander’s ‘The New Jim Crow’ was a thorough evisceration of the criminal justice system and the war on drugs that’s resulted in the mass incarceration of black men. And it’s been nominated as an Outstanding Literary Work of Nonfiction.”


January 14, 2011

Professor Peter Swire was a guest on MSNBC regarding Facebook’s presence in Washington. Swire said: “Clearly a lot of people like to use Facebook, but people also worry about privacy, and so there’s been proposals in Congress to pass legislation about privacy and there’s also been action from the administration and the Federal Trade commission to talk about these issues.”


Don't restrain unions after high court ruling

January 13, 2011

Featured Expert: Charles E. Wilson

Professor Charles Wilson was mentioned in an Island Packet story about the U.S. Supreme Court ruling in the case of Citizens United v. Federal Election Commission that ruled that corporations and labor unions, in accordance with the First Amendment, can give unrestricted amounts of money to political campaigns. The story states: “Many states have growing deficits and reduced tax revenues. State officials are wrestling with ways to curb salaries and pensions of government employees, funds that make up a large part of their budgets. Republican lawmakers in 16 states are considering a law that would require each worker to approve the use of any union dues before it could be spent for political purposes. According to Charles Wilson, a law professor at Ohio State University, if this happened, it would be the end of the American union movement.”


Marc Spindelman, Essay, Sexuality’s Law, 20 Colum. J. Gender & L. (forthcoming 2011).

January 12, 2011

Featured Expert: Marc Spindelman

Professor Marc Spindelman’s forthcoming article in the Columbia Journal of Gender and Law was praised by Robin West in Jurisprudence JOTWELL. West calls Spindelman’s essay “one of the most extraordinary pieces of legal writing on the interrelations of law, culture and sexuality to appear in a law journal in well over a decade, perhaps much longer.” She continues: “This is writing that matters, that serves truth, that responds to injury, and that restores one’s faith in the legal academy; this is what legal scholarship can be.”


Judge choice thrown into chaos

January 12, 2011

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Cincinnati Enquirer story about a federal judge ordering Hamilton County election officials to count more than 150 disputed ballots in the race for juvenile court judge. The story states: “‘It’s important for this election, but it’s also important for setting the legal terrain for what might happen to the law in 2012,’ said Edward Foley, director of the election law program at Ohio State University. “The answer to the equal protection question in this case will be an important precedent.’”


Guilty of Being a CFO

January 10, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a CFO.com story about a federal appeals court recently overturning a former CFO's conviction. The story states: “The decision could cause prosecutors to forgo a criminal case if their proof of intent is shaky. ‘[The judges are saying] that criminal justice perhaps ought to be considered a last resort, not a first response,’ says Douglas Berman, a professor at Ohio State University's Moritz College of Law.”


Rape charge was prosecutor's call

January 7, 2011

Featured Expert: Ric Simmons

Professor Ric Simmons was recently quoted in a Columbus Dispatch story about the indictment of Matthew J. Hoffman, who would have spent the rest of his life in prison even without the rape charge included by the prosecutor. The story states: “‘But I'd hope we're progressing to the point where there wouldn't be a stigma for (being a rape survivor),’ he said. ‘If you're a victim of a robbery or burglary or assault, there's no stigma for that.’”


Secretaries of state up the political ante

January 3, 2011

Featured Expert: Edward B. Foley

Professor Edward Foley was recently quoted in a Stateline story about Kris Kobach and Scott Gessler preparing to take office as secretary of state for Kansas and Colorado, respectively. The story states: “But voters seem to have an allergic reaction to making elected positions into appointed ones, in the view of Edward B. Foley, an Ohio State University law professor who specializes in election law: ‘Voters say, ‘Hey, I trust myself — I want this to be an elected office.’’”


Law profs say politics loomed large over Nunez's commutation

January 3, 2011

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a San Jose Mercury News story about former Gov. Arnold Schwarzenegger’s last-minute commutation of a manslaughter sentence for the former Assembly speaker's son. The story states: “’To have all of the expense, all of the uncertainty, all of the hand wringing that surrounds a high profile appeal is not cost-free,’ he said, and the governor's clemency or commutation power can ‘be the tiebreaker’ in a case that otherwise would grind on for years in the courts. ‘Some people will say you're putting the cart before the horse,’ he said, but that might ‘put too much stock in the expectation that the legal process will always resolve itself justly.’”


Strained States Turning to Laws to Curb Labor Unions

January 3, 2011

Featured Expert: Charles E. Wilson

Professor Charles Wilson was recently quoted in a New York Times story about elected officials from Maine to Alabama and Ohio to Arizona pushing new legislation to limit the power of labor unions. The story states: “‘In the long run, if these measures deprive unions of resources, it will cut them off at their knees. They'll melt away,’ said Charles Wilson, a law professor at Ohio State University.”


Building Bridges

January 3, 2011

Featured Expert: Michelle Alexander

Michelle Alexander was recently a guest on the Building Bridges segment of WBAI 99.5 FM (NYC) where she discussed her book The New Jim Crow: Mass Incarceration in the Age of Colorblindness.


Parents out of loop on adult kids' health data

January 1, 2011

Professor Peter Swire was quoted by The Columbus Dispatch in an article about the provision of the new federal health-reform that allows adult children to stay on their parents' insurance until age 26. Just because parents pay the bill, though, does not entitle them to access to their adult child's medical information.

“Every parent can see the bill ... but parents don’t automatically see the details of an adult child’s medical procedure,” said Swire, author of the 1996 federal medical-privacy law as part of the Clinton administration.

Swire added that adult children are liable for any unpaid co-payments or bills for uncovered medical services they received. “Adult children are responsible for their own debt,” he said.