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.

2012 Media Hits

Beyond 2012: Are voter ID laws here to stay?

December 27, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted by The Bay State Banner in an article about one of the most contentious issues of the most recent election season: voter identification laws. More than 30 states introduced some sort of legislation in 2011 and 2012. Asked if we could see another wave of legislation over voter ID laws, Foley said it's difficult to tell.

“What we don’t know is if from 2013 to 2014, we’re going to see that same phenomenon at that same level,” said Foley, the director of the Election Law @ Moritz program.


Venoco board gets an 'F' for selling company

December 26, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff's column for The New York Times, the Deal Professor, was the featured news in an article by the Denver Business Journal about Venoco Inc. Davidoff gave the purchase a failing grade because Marquez was able to buy the company "with favorable terms and no financing lined up, without resistance from the board."


Why the USA is still the best place for investment banking deals

December 19, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff's blog post for The New York Times DealBook was quoted at length in the DeBord Report on 89.3 KPCC's website. The Southern California Public Radio Station called Davidoff's piece questioning whether the American investment banking model finding opportunities abroad an "excellent cold-water-to-the-face post."


Professor Marc Spindelman on All Sides with Ann Fisher

December 12, 2012

Featured Expert: Marc Spindelman

Professor Marc Spindelman was a guest on All Sides with Ann Fisher on WOSU on Dec. 12, discussing the Supreme Court of the United States' decision to take up two cases involving same-sex marriage. "Ordinarily, federal benefits follow once you're married under state law. What is interesting is that once you have some states recognizing same-sex marriage, you have the federal goverment, through the federal Defense of Marriage Act (not recognizing them)," Spindelman said. The question remaining is "Whether the federal government has to follow, in a sense, the state definitions, or can it have its own definition?"


Keeping tabs on the bailout

December 11, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff was quoted in an article on American Public Media about the U.S. bailout recovery. "“I think we should pop the Champagne bottles,” he said. “We’ve done much better than people thought we would.”


7 of 13 fired officers, firefighters got job back in arbitration

December 9, 2012

Featured Expert: Charles E. Wilson

Professor Charles Wilson was quoted in a Columbus Dispatch article regarding the reinstated jobs of fired officers in the Columbus area through arbitration. “An arbitrator is bound to follow what the contract says even if you don’t like the contract or think one side or the other shouldn’t have agreed to put that in the contract,” Wilson said. “The second issue is, you have to have just cause to fire someone because that is what arbitrators consider the death penalty.”


U.S. prison system 'moral equivalent of Jim Crow,' author tells Detroit audience

December 9, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was mentioned in an article on Michigan Live about her speech on her opinion about the current U.S. prison system.


Gay-marriage backers nervously anticipate what court might do

December 8, 2012

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in an article in The Desert Sun regarding the U.S. Supreme Court case on gay-marriage. “If same-sex marriage ultimately prevails ... it’s fair to expect a decision that follows the basic pattern the Ninth Circuit set when striking Proposition 8 down: a narrowly-crafted decision emphasizing the uniqueness of Proposition 8, and so not directly addressing the constitutionality of other states’ marriage bans. But watch for signs of broader rulings to come,” Spindelman said.


U.S. Supreme Court to hear gay marriage cases, fulfill long quest of rights activists

December 7, 2012

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in an article in the Mercury News and the Contra Costa Times  regarding the U.S. Supreme Court case on gay marriage. "It's a distinct possibility the court will duck Proposition 8 by ruling on the standing issue," he said. "But just because it's an option, doesn't mean it's the most likely one. Too many factors are in play. Part of what's striking about (taking the two cases) is that it leaves so much up in the air."


Detroit audience hears of new racial caste system

December 7, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was quoted in an article in the Toledo Blade regarding her recent visit to Detroit, MI to speak about the current U.S. prison system. “In many large cities, including Detroit, the majority of working age African-American men now have criminal records and are thus subject to legalized discrimination for the rest of their lives,” she said.


Doing the Shareholder Sidestep

December 6, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote a column for the New York Times Deal Book about Starbucks Corporation's acquisition of Teavana Holdings and Freeport-McMoRan Copper and Gold’s deal for Plains Exploration and Production and the McMoRan Exploration Company. "...public shareholders had no say in the deal — and there never was a possibility for a better offer, given the short time between signing and consent," he wrote.


Ex-White House Official Aims to Get 'Do Not Track' Back on Track

December 6, 2012

Professor Peter Swire was quoted in an article by the National Journal regarding his recent appointment as a mediator for the "Do Not Track" discussions. “My first job is to be a good listener,” Swire said in an interview on Tuesday. “There are many different stakeholders. There are quite a few difficult issues but [the goal is] also worth achieving.”


GAB needs to remain nonpartisan

December 5, 2012

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an article on TheNorthwestern.com about the way board members are chosen for the Government Accountability Board. “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,” professor Daniel P. Tokaji of the Moritz College of Law at Ohio State University wrote in September 2010.


Defying U.S. and Israel, UN Votes to Recognize Palestine as "Nonmember Observer State"

December 5, 2012

Featured Expert: John B. Quigley

Professor John Quigley was interviewed by Scott Harris of Between the Lines radio about the United Nations approval of Palestine as a nonmember observer state.


Filmmaker sues 352 Ohioans for downloads

December 5, 2012

Featured Expert: Guy A. Rub

Professor Guy Rub was quoted by The Columbus Dispatch in a story about a California movie company suing Ohioans accused of downloading and sharing movies. The cases are difficult to litigate, Rub said, because plaintiffs don’t have the offenders’ names and have to ask the judge to order Internet service providers to provide the names.

“It’s not an easy process,” Rub said. “From a legal perspective, the big challenge is to get to the actual defendant. Some service providers fight it.”


Hazards of Formula One Extend Beyond the Racecourse

December 4, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote a column for the New York Times Deal Book about deal-making with the Formula One racing company. "Formula One has long been identified with Bernie Ecclestone, an 82-year-old Englishman referred to in the British tabloids as 'F-1 Supremo.' He built the business, starting as a trader of motorcycle parts. Yet the controlling stake in the Formula One companies had been held by the German media magnate Leo Kirch," he wrote.


Incoming Senate leader favors political appointees over judges on GAB

December 3, 2012

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an article in the Journal Sentinal about the idea to fill the Government Accountability Board with political appointees as opposed to former judges. "I think that's about the worst idea I've heard this year," he said.


7 of 13 fired officers, firefighters got job back in arbitration

December 1, 2012

Featured Expert: Charles E. Wilson

Professor Charles Wilson was quoted by The Columbus Dispatch in an article about public employees who successfully appealed firings following internal investigations by police and fire divisions. Wilson said arbitrators overturn some terminations because administrators are heavy-handed with offenses such as insubordination or missing work.

“One of the big things an arbitrator will look at is the employee being treated differently than employees who committed the same infraction in the past,” he said. “Has a person ever been warned or served notification of the consequences for their actions, because progressive discipline is a big factor, as well.”


Election law expert outlines lessons of 2012

November 30, 2012

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an article in the Cincinnati Enquirer about what Ohio has learned from the November 2012 election. “In the U.S. the burden [of registering to vote] falls on the voter, whereas in most other countries the government takes affirmation in making sure every voter is [registered],” he argued.


U.N. accepts Palestine as observer state by lopsided margin; U.S., 8 others opposed

November 29, 2012

Featured Expert: John B. Quigley

Professor John Quigley was quoted in an article in The Tribune regarding the statehood of Palestine. “It’s a state, but it’s not yet independent in the sense of having control over its territory,” Quigley said.


Read more here: http://www.sanluisobispo.com/2012/11/29/2311354/un-accepts-palestine-as-observer.html#storylink=cpy

At Orient-Express, the Board Holds All the Cards

November 29, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote an op-ed for the New York Times regarding the hierarchy structure of Orient-Express, a luxury hotel owner based in Bermuda. "It’s good to be a director of Orient-Express – and it’s likely to stay that way," he said. "...it is because these directors can elect themselves, a unique characteristic among companies worldwide. Shareholders have no real say in the selection of Orient-Express’s directors."


Mediator Appointed in ‘Do Not Track’ Efforts

November 28, 2012

Professor Peter Swire has been appointed to mediate the "Do Not Track" efforts regarding Internet privacy of citizens. He was quoted in an article regarding this matter in the New York Times. “People can choose not to have telemarketers call them during dinner. The simple idea is that users should have a choice over how their Internet browsing works as well,” Mr. Swire said in a phone interview. But he added: “The overarching theme is how to give users choice about their Internet experience while also funding a useful Internet.”


Jim Crow's drug war

November 28, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander's new book The New Jim Crow, Mass Incarceration in the Age of Colorblindness, was cited in a column by Larry Gabriel in the MetroTimes.


Privacy professor to try to break Do Not Track logjam

November 27, 2012

Professor Peter Swire was quoted in an article on CNet.com regarding his appointment to mediator of the "Do Not Track" negotiations. "I personally would not like to have an Internet where I believed that each moment of my browsing might easily be breached and shown to the entire world," he told the Senate. "For you and your families, it would reduce the quality of the Internet if you thought that any page you visited needed to be treated like something that might be released to the public."


Concealed Carry group preps lawsuit against Ohio State

November 27, 2012

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in an article in The Lantern about Ohio State's policy on concealed carry and what students are doing about it. “If Ohio Revised Code gives you the right to carry this gun in their car, then the Ohio Revised code would overrule the Student Code of Conduct,” Simmons said. “But it’s not clear to me that Ohio Revised Code does give them the right to carry the gun in the car. It simply says they are not banned from it, but that doesn’t mean that someone else can’t ban it.”


In Court Battle, a Game of Brinkmanship With Argentina

November 27, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote an op-ed for the New York Times about Argentina's possible debt to some American hedge funds. "This game of chicken is a lesson on the hazards of United States courts’ interfering in international affairs," he said.


Professor to Try to Salvage Troubled “Do Not Track” Deal

November 27, 2012

Professor Peter Swire was quoted in an article in the Wall Street Journal regarding his role as mediator of the negotiations on the "Do Not Track" deal. "We’re starting immediately and working intensively during the next couple months,” Mr. Swire said.


Daily Report: Law Enforcement vs. Cellphone Privacy

November 26, 2012

Professor Peter Swire was quoted in a New York Times article on needed revisions to the Electronic Communications Privacy Act, which was passed in 1986. “It didn’t take into account what the modern cellphone has — your location, the content of communications that are easily readable, including Facebook posts, chats, texts and all that stuff,” Swire said.


Courts Divided Over Searches of Cellphones

November 25, 2012

Professor Peter Swire was quoted in an article in the New York Times about laws regarding searches of cell phones for legal evidence and how much privacy cell phone users have the right to. "It (1986 Electronic Communications Privacy Act) didn’t take into account what the modern cellphone has — your location, the content of communications that are easily readable, including Facebook posts, chats, texts and all that stuff,” Mr. Swire said.


Tokaji to deliver O’Hara Lecture on voting rights issues

November 22, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji will be delivering the annual O’Hara Lecture on Law and Politics Thursday, Nov. 29. “There’s been no year in which this critical role has been more evident,” says Tokaji. “In a number of states, legislatures and election officials got too greedy in their efforts to make it more difficult to vote and have their votes counted. And the courts pushed back, sometimes relying on the U.S. Constitution, sometimes the Voting Rights Act, sometimes state constitutions.”


Remember that Provisional Ballot Problem?

November 20, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in The American Prospect about the complications Ohio's provisional ballot system still faces. “I think Ohio dodged a proverbial bullet,” said Ned Foley, the head of Ohio State’s Moritz Law Center. Still, Foley is quick to point out, “The focus has gone away but that doesn’t mean the vulnerabilities don’t exist.”


Petitions popular, but secession is not legal

November 17, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article in the Datyon Daily News regarding the reasons for Americans to sign a petition urging Ohio to secede from the Union. “The best I can say is it may provide a way for people to discharge some of their anger and frustration after an election result that they disagree with," he said.


Man Hopes Ohio Will Join Online Movement To Break From United States

November 16, 2012

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in an article on 10tv.com about an online petition urging Ohio to secede from the United States. “Aside from whatever bad feeling or apprehension people may have about the election, a state that secedes from the union would lose so much and gain so little, it would be an utterly irrational choice,” Shane said.


Judge Robert M. Duncan | 1927-2012: The ‘Jackie Robinson’ of Columbus courts

November 10, 2012

Featured Expert: Alan C. Michaels

Dean Alan C. Michaels was quoted in an article in the Columbus Dispatch about the career of the late Judge Robert M. Duncan. The accomplishments of Duncan, who died on Nov. 2 at age 85, made him the “Jackie Robinson of the Columbus judiciary,” said Alan C. Michaels, dean of the Moritz College of Law at OSU.


Erica Bryant: Sentences for non-violent crimes too harsh in U.S.

November 10, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander's book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness was cited in an opinion piece by Erica Bryant in Democrat and Chronicle about the sentencing laws for non-violent crimes in the United States. "As Alexander points out, the severity of sentences handed down in the United States has little connection to the morality of the crime. 'If the worst thing you have ever done is speed 10 miles over the speed limit on the freeway, you have put yourself and others at more risk of harm than someone smoking marijuana in the privacy of his or her living room,' she writes."


Dems, Latinos protest provisional-ballot use

November 9, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in The Arizona Republic regarding laws surrounding provisional ballots and how they will count in the 2012 presidential election. "We have to realize that we're adding this risk or this wrinkle into the system," said Edward Foley, an election-law expert and law professor at Ohio State University. "As long as they get counted in the end, those ballots will count like every other ballot."


Obama, others push for an overhaul of Florida's elections system after long waits

November 8, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article by the Tampa Bay Times about the exceptionally long lines that affected voting in Florida on Election Day 2012. "I'm hesitant to say what went wrong," said Daniel Tokaji, a law professor and elections expert at Ohio State University. "But the president is right, we do need to fix this. In the long run, this will dampen turnout if it takes this long to vote."


Californian death penalty fight goes on, despite vote

November 8, 2012

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in an article in The Guardian regarding the vote on the death penalty in California.  "A lot of things slowed down with this initiative on the horizon," Douglas Berman, an Ohio State University law professor, told the paper. "The pregnant question going forward in California is, OK, with [Proposition 34] cleared out, do we get a serious progression toward executions and, then, what's the public response to that going to be?"


Analysis: U.S. battle over ballots averted, but not forever

November 7, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article by CNBC regarding Ohio's early voting rules and provisional ballots and what will happen in the future. "In some ways it's analogous to the military," he said. "Lawyers are preparing for the last war and what the next war would be."


Polling locations cause confusion for some Ohio State voters

November 7, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article in The Lantern about polling location confusion among Ohio State students. “(The county) wouldn’t necessarily be looking to Ohio State’s boundaries in ascertaining where the precinct boundaries would be,” Tokaji said


Eyes on Ohio, Obama re-elected for four more years

November 7, 2012

Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in an article by The Lantern about the time the presidential race was called on Nov. 6, 2012. “It’s an advantage to our national government to be moving forward now as opposed to waiting,” he said. “I’m sure that this is a relief to the American public that it’s over.”
 


Snafus, long waits abound at polling places

November 7, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article in the Boston Herald about what the long lines on Election Day 2012 meant for the voting public. “In a sense, this could be a good thing. It’s a signal there are a lot of people turning out,” Tokaji said. “But boy, the problem with lines in this election, impressionistically, seems a lot worse than four years ago.”


Analysis: U.S. battle over ballots averted, but not forever

November 7, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in the Chicago Tribune regarding the law suits that have and will occur from the 2012 presidential election. In some ways it's analogous to the military," he said. "Lawyers are preparing for the last war and what the next war would be."
 


Defeat of Proposition 34: California's death penalty battle will continue

November 7, 2012

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in an article by Mercury News about what the defeat of Proposition 34 in California means for the future of the capital punishment system. "A lot of things slowed down with this initiative on the horizon," said Douglas Berman, an Ohio State University law professor. "The pregnant question going forward in California is, OK, with (Proposition 34) cleared out, do we get a serious progression toward executions and, then, what's the public response to that going to be?"


Ohio in this year's election could be the Florida of 2000

November 6, 2012

Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in a blog post on Crain's Cleveland Business regarding the possible similarities between the 2000 presidential election in Florida and this year's presidential election in Ohio. "There is no federal statutory law that creates the same sort of election contest as under Ohio law," Prof. Steven Heufner of Ohio State University's Moritz College of Law tells the publication.


Ohio Election Law Quirk Could Play Big Role if Vote Tally Sparks Court Fight

November 6, 2012

Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in an article in the Connecticut Law Tribune about election laws in Ohio that could have an effect on voting outcome. "At some point,” says Huefner, “when there is enough of a case to be made that something has gone wrong that affects the election outcome, people will sit up and take notice that state courts can't consider this.”


Ohio's complicated process for counting provisional ballots could decide the presidency

November 6, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in The Plain Dealer about law regarding provisional ballots in Ohio and the role those might play in the 2012 presidential election. "That will get dicey," said Edward Foley, director of Election Law @ Moritz, a program at the Ohio State University’s Moritz College of Law. "That just shows a structural weakness in our system."


Ohio Legal Showdown?

November 6, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in The American Prospect about the possible court cases that may arise from election law in Ohio. “It’s not like there are seven different things that might happen on November 7,” Foley said. “It’s like we’re at a fork in the road, and we could go down this path or that path. And if we go down the second path, then a few days later we meet another fork in the road.”


Election Day legal jitters

November 6, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article on Politico about the number of provisional ballots expected in Ohio. “If we’ve got a margin that’s over 100,000 votes [in Ohio], none of this stuff will matter,” said Dan Tokaji, a law professor at Ohio State University. “Over 50,000 votes, it probably won’t matter. But if we’ve got an election margin in the low tens of thousands on election night, especially with [Mitt] Romney ahead by the low tens of thousands, then in that situation provisional ballots will matter, and these fights could make a difference in terms of who’s president."


Ohio Candidate Sues to Block Electronic Voting Machines

November 6, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was cited in an article on Bloomberg News Service regarding Green party candidate Robert J. Fitrakis's attempt to block electronic voting machines. Voter rights advocates and lawyers for the candidates may initially head to court to keep polls open longer because of machine breakdowns, to make up for Hurricane Sandy’s aftermath, or to bar partisan poll-watchers challenging the rights of some to vote, said Edward Foley, a law professor at Ohio State University.


Election overtime: A winless Wednesday?

November 6, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article on Press TV regarding the possibility of a delay in election results for the 2012 presidential election. “If litigation doesn’t kind of take over and have a life of its own, you can imagine not knowing the answer for a week or two,” Foley said. “If they keep fighting after certification, all bets are off until you get to the December deadline set by federal law.”

 


In Case of a Recount, a Long Wait for Ohio

November 6, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article in The New York Times about the possible delay caused by a recount in Ohio for the 2012 presidential election. “We’re expecting 200,000 or more provisional ballots — that’s more than New York or California — and that means that an election is contestable here with a margin in the low tens of thousands of votes,” Tokaji said.


Student volunteers answer help lines, monitor balloting on election day

November 6, 2012

Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in an article in the Legal Times regarding the role students play in the 2012 presidential election on Election Day. "As a team, we're collecting the most significant election events and analyzing them on our website," said professor Steven Huefner. "Thus far, it has been like most other elections, with scattered problems around the country."


Wall Street Offers a Second Career for Former Politicians

November 6, 2012

Featured Expert: Steven M. Davidoff

Professor Steven M. Davidoff wrote an op-ed for the New York Times regarding money-making options politicians have after their time in office. "Take Tony Blair, the former British prime minister. In September, Mr. Blair was called to Claridge’s hotel in London to mediate a renegotiation of the proposed acquisition of Xstrata by Glencore, according to British news reports. Mr. Blair, who negotiated peace in Northern Ireland, put his skills to good use, apparently earning himself roughly $1 million for three hours of work," he wrote.


Five things that could go wrong on Election Day in Florida

November 5, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in the Tampa Bay Times about what might go wrong in Florida on this Election Day. "In close races, an entire state's elections process goes under the microscope," said Ed Foley, an Ohio State University law professor and elections expert. "With that type of scrutiny, things always turn up."


Presidential Election Seen Spurring New Wave of Lawsuits

November 5, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in the Bloomberg News about lawsuits during the presidential election. “You can’t have a recount until you do a canvass and you can’t do a canvass until you verify the provisional ballots,” Foley said in an interview. “An election might be too close to call until they go through the process.”


Lawyers for both parties ready to challenge results

November 5, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in the Boston Globe regarding possible law suits due to the potential close call of this presidential election. “The analogy to warfare makes sense; the Pentagon is always improving its weaponry,” said Edward B. Foley, an Ohio State University law professor and an expert on election law. “Something of the same thing is going on in the legal battles. You just accumulate experience and sophistication in how to think about what to do.”


Major changes loom for Minn. election law if voter ID passes

November 5, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article on Minnesota Public Radio about the importance of voter-ID. "For many voters, you know, what's the point?" Foley said. "They read in the newspaper the next day that the elections are decided, and so on and so forth. They live busy lives and don't bother to rectify their ID."


Presidential campaigns set to challenge results in neck-and-neck races

November 5, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article on AZCentral.com regarding the need for campaign lawyers during this presidential race. “One thing both sides are thinking about is what court to file in, state or federal? And do you go to court, or do you work through the administrative process?” said Edward Foley, who directs the election-law institute at the Ohio State University’s Moritz College of Law


America Braces for Election Squeaker

November 5, 2012

Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in an article in RIA.ru about the election being too close to call. “If there’s an issue anywhere that requires a careful examination of [US] electoral processes, it will likely reveal the fact that voting today remains an incredibly complex process run on a shoestring budget basically by volunteers,” said Steven Huefner, a professor at Ohio State University’s Moritz School of Law.


Provisional ballots may turn presidential election

November 5, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article on WKSU.com about the presidential election and the role Ohio plays. “Historically Ohio ends up counting most of the provisional ballots that are cast - in some years it’s 70 percent and as high as 80 percent in one year. So the majority end up being verified and count just like any other vote.”


Lawyers descend on Ohio - just in case

November 4, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in the Cincinnati Enquirer about lawyers being necessary to come to a decision on who the next president will be because of a close race. That issue, Ohio State University law professor and election-law expert Ed Foley notes wryly, “can look very different the morning after the election than the day before.”


Prosecution of double voting is rare in Ohio

November 4, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article in the Newark Advocate about the frequency of prosecution of double voting. “It’s not that it never happens, but proven instances are quite rare,” said Daniel Tokaji, an election law professor at Ohio State University.


Prosecution of double voting is rare in Ohio

November 4, 2012

Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in an article in the Newark Advocate about voter fraud frequency and common ways it can happen. “I’m sure that what we have much more than anything else is people who are signing petitions who aren’t properly able to sign a petition,” Huefner said.


As Ohio Counts, So Waits the Nation

November 4, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article on the National Review Online about Ohio's role in th presidential election. “Ohio has a history of litigating over the rules for counting provisional ballots,” Ned Foley of the Moritz College of Law at Ohio State told National Journal.


Down to the wire: A brief history of close presidential elections

November 3, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in The Week magazine about elections that have come too close to call and what was done about it. "We could easily see a situation," said Ohio State law professor Ed Foley, "in which the nation has to wait for Ohio."


Obama or Romney? Five scenarios that could affect the outcome of the election

November 2, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in The Guardian about scenarios that could cause the presidential election to be undecided on November 6.  "Just because we are forced into overtime on 7 November doesn't automatically mean we are in crisis," he says. "Such uncertainty is not a reason for panic."


Three Ways Election Day Could Get Ugly

November 2, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article on WIBW.com about what would need to happen if the election decision is delayed.  "Ohio has a history of litigating over the rules for county provisional ballots," said Foley.


Will Hurricane Sandy suppress voter turnout and tip the election?

November 2, 2012

Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in an article on TheWeek.com about how Hurricane Sandy will affect the November 6 election. "I think this storm is much more of a warning than an actual problem," Ohio State University law professor Steven Huefner tells BuzzFeed. To get a sense of how much worse it could be, "I'd like to invite people to think about what would be happening if the storm had arrived eight days later than it had."


Campaigns lawyered up for election overtime chance

November 2, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in the Mercury News about why both campaigns are hiring lawyers as we near Election Day. "Edward Foley, director of the election law program at Ohio State University, came up with a hypothetical scenario in which Romney leads Ohio by 10,000 votes the day after the election—but there are 150,000 outstanding provisional ballots that must be examined. Ohio law gives voters 10 days, until Nov. 17, to provide officials with any information needed to show they are eligible to vote."


Romney-Biden May Be Winning Ticket in Unlikely Voting Tie

November 2, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in Bloomgberg Businessweek about what could happen if the presidential election ends in a tie. “If you stipulate that they act according to partisan interests, they would pick Biden even if the House has picked Romney,” said Edward Foley, director of the election law program at Ohio State University’s Moritz College of Law in Columbus. A Romney-Biden administration is perhaps the oddest potential outcome to what could be a complicated finish to the presidential election.


What Next for Netflix?

November 1, 2012

Featured Expert: Steven M. Davidoff

Professor Steven M. Davidoff wrote an op-ed for the New York Times about the future of Netflix. "But the company’s shareholdings are about to turn over as arbitrageurs race in to acquire Netflix stock in anticipation of a sale. Hedge funds already had a big stake in Netflix; one fund, Blue Ridge Capital, held a 4.5 percent position as of June 30, according to public filings," he wrote.


Officials: ‘Please, God, make it a landslide’

November 1, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article by the LA Times about what happens if the election is too close to call. “It’s the new normal,” said Ed Foley, an election law expert at Ohio State University’s Moritz College of Law. “You could see some lawsuits that may end up not amounting to much, but skirmishes as the candidates try to control the terrain.”


Sandy could still postpone presidential election as millions remain without power

October 31, 2012

Featured Expert: Steven F. Huefner

Steven Huefner, professor at Ohio State's Moritz College of Law, was quoted in an article on RT.com from an interview with  ABC News that any states that decide to postpone the election, though possible, would be posed with even bigger fish to fry. "For those states that don't already have an election emergency process in place, any departure from the established election process could easily give rise to court challenges about the legitimacy of the election," Huefner says. "Even states with an emergency plan might find themselves facing litigation over specific ways in which they've implemented their emergency plan."


Sandy-Caused Power Outages May Complicate Election Day

October 31, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article on Bloomberg News about the complications Hurricane Sandy might have on voting in this election. “There are backup measures -- paper ballots, absentee ballots” that could be used instead of delaying the election, Foley said. “It may be less than ideal, but, weighing the alternatives, it would be better to go forward and do the best you can.”


Election experts say a lot could go wrong

October 31, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted by the Los Angeles Times in an article about the potential pitfalls at the polls and legal challenges to arrive on and after Election Day. "It's the new normal," Foley said. "You could see some lawsuits that may end up not amounting to much, but skirmishes as the candidates try to control the terrain."


Over 1.2 Million Votes Cast In Ohio For 2012 Presidential Election After Hurricane Sandy

October 31, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in the International Business Times about how early voting may affect the Nov. 6 presidential election. "If it's a really tight race, we could be in a position where we don't know [the winner] until provisional ballots are counted," said Edward Foley, Director of Election Law at Ohio State University’s Moritz College of Law. "If Ohio is held up, and Ohio is essential to know who won, then the presidency is going to get held up."


Could Election Day Be Postponed?

October 30, 2012

Featured Expert: Steven F. Huefner

Professor Steve Huefner was quoted by an ABC News article on the possibility of postponing the election because of Hurricane Sandy. "For those states that don't already have an election emergency process in place, any departure from the established election process could easily give rise to court challenges about the legitimacy of the election. Even states with an emergency plan might find themselves facing litigation over specific ways in which they've implemented their emergency plan."


The Risks of Tapping Your Retirement Fund for an Alternative Use

October 30, 2012

Featured Expert: Steven M. Davidoff

Professor Steven M. Davidoff wrote an op-ed for The New York Times about the dangers of using retirement money for other ventures, like starting a business. "The strategies to do so and not run afoul of I.R.S. regulations are varied, but the main one is to start a business and have it adopt a 401(k) plan. The existing 401(k) plan is rolled into the new one, which is invested in the new business. Voilà — instant financing. The downside, however, is that there is no money for retirement if the business fails," he wrote.


Could Sandy blow away the election? Don’t hold your breath

October 30, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a post on Reuters.com about how Hurricane Sandy may affect voting for the upcoming election. "I feel pretty safe in saying the likelihood of an amendment of this federal statute is right around zero,” said Daniel Tokaji, a law professor at Ohio State University and an expert on election law and voting rights.


Storm-affected states quickly resume early voting

October 30, 2012

Featured Expert: Steven F. Huefner

Professor Steven Huerfner was quoted in an article in The Washington Post about the effects of Hurricane Sandy on voting in the upcoming election. Any governor who tried to reschedule or extend an election because of the weather would immediately be accused of partisan motivations, said Steven Huefner, professor at Ohio State University’s Moritz College of Law. “There certainly would be a court fight,’’ he said.


Could Election Day Be Postponed After Superstorm?

October 30, 2012

Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in an article on KMBZ.com about how Hurricane Sandy will affect voting in the upcoming election. "For those states that don't already have an election emergency process in place, any departure from the established election process could easily give rise to court challenges about the legitimacy of the election," he said. "Even states with an emergency plan might find themselves facing litigation over specific ways in which they've implemented their emergency plan."
 


Provisional ballots could keep Ohio's presidential outcome in doubt for days after election

October 30, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in The Plain Dealer about the role provisional ballots might play in the upcoming election. Foley said Ohio law allows poll workers broad discretion to issue provisional ballots. The philosophy is, he said, "If there's uncertainty, let's let them have a provisional ballot, and we'll catch up with it later."


Congress, not Obama, has power to change election day

October 30, 2012

Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in a commentary in The Examiner about who has the power to change Election Day. “The bottom line is that Congress sets the date for the states to conduct the election of presidential electors,” Huefner explained, noting that the election date has already been set for Nov. 6. “Congress would be free to change that date but that seems a pretty remote prospect at this point that they would reconvene and change the date.”


Hurricane's Late October Landfall Raises Election Questions

October 30, 2012

Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in an article on BuzzFeed about the voting difficulties cause by Hurricane Sandy. "We don't have a very well-established set of mechanisms for making those adjustments. Some states have existing procedures, but that's a minority of states that do. Even those states that have thought about it have come up with widely differing approaches," Huefner said.


Both sides arming for recounts, challenges

October 29, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a USA Today article about both sides in the Presidential election preparing for a very close race and the possibility of recounts in one or more states. "One thing both sides are thinking about is what court to file in, state or federal? And do you go to court, or do you work through the administrative process?" said Foley, who directs the Election Law @ Moritz program. "And they have different strategies based on if they're up or if they're behind."


Provisional Ballots Could Be The Difference

October 29, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article on OhioVotes.com about the role provisional ballots might play in the upcoming election. Professor Foley said going into overtime for an election isn't necessarily a crisis."If it takes 10 days to know who won, that does mean we have to wait and we may be on the edge of our seats and we really want to know, but it doesn't mean we've got a problem - it just means we've got a close election and we've got some more ballots to count," Foley said.


Is The Voter Vigilante Group True The Vote Violating Ohio Law to Intimidate Voters at the Polls?

October 29, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article on AlterNet about a "voter vigilante group" called True TheVote. “I don’t know what TrueTheVote has planned for Election Day. It would troubling be if outside groups were giving training to poll workers that conflicts with their legal obligation,” he said. “They are effectively state officials. Anything they do would be considered state action.”


McManus: The Ohio presidential equation

October 28, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was cited in an op-ed in The Los Angeles Times regarding provisional ballots to be counted in Ohio in the event of a close race. "What that means, Ohio State law professor Edward B. Foley has warned, is that a candidate who falls just short on election night may ask for the provisional ballots to be counted, and that could take days. In 2008, Foley noted, about 207,000 provisional ballots were cast, enough to change a close election's outcome. The conventional wisdom holds that provisional ballots lean Democratic, since many of them are cast in urban precincts. This might be a scenario under which Obama could seek a longer count if election night doesn't go his way," wrote Doyle McManus.


Exclusive: What's in a sentence?

October 27, 2012

Featured Expert: Steven M. Davidoff

Professor Steven M. Davidoff was quoted in an article in the Business Standard regarding the sentencing of Rahul Bajaj for insider trading. "Davidoff argues that even despite the rubble of Enron’s catastrophic collapse staring the American public in the face, 'the case against Skilling was so amorphous that prosecutors found it difficult at first to weave the various threads into a cogent narrative,'" wrote Rajiv Rao.


Ohio redistricting, Issue 2 to be debated today at City Club of Cleveland

October 26, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was mentioned in an article on Cleveland.com regarding the debate on Issue 2. "Speaking in favor of the amendment for Voters First Ohio will be Dan Tokaji, a law professor at Ohio State University," said the article.


Why most of your local races are already decided

October 26, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article in The Cincinnati Enquirer regarding how legislative district maps have been drawn to make areas dominated by one political party or another. Plans from the Ohio Campaign for Accountable Redistricting are better, Tokaji said: "In their fairness and competitiveness, these plans are demonstrably superior to the one that this board has released."


Early Voting: Election Fraud Debate Continues, Republicans And Democrats Weigh In

October 26, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article in the Huffington Post regarding early voting claims that it could lead to voter fraud. "Tokaji noted that fraud is much more prevalent among votes cast by mail, including absentee ballots submitted by mail. 'Why don't you see the same statements being made about absentee, mail-in voting?' Tokaji said. 'If you look at the population that predominantly uses it -- they're Republican.'"


Author talks to crowd at John Hay High School about mass incarceration in United States

October 26, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was quoted in an article in The Plain Dealer regarding her speech at John Hay High School about mass incarceration and racial discrimination in the legal system. "The war on drugs has relatively little to with genuine concern about drug addiction or drug abuse, and merely everything to do with politics, racial politics," Alexander said.


Effect of an Issue 2 ballot win in Ohio debated at City Club

October 26, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article in The Plain Dealer about the debate he attended regarding the change to Issue 2. "Dan Tokaji, a professor of constitutional law at Ohio State University, said, 'When politicians draw the lines, the voters lose.' He said if Issue 2 passes 'we won't have three-quarters of the districts favoring one party as they do now.'"


Ohio's nightmare voting scenario

October 25, 2012

Featured Expert: Edward B. Foley

Professor Ned Foley was quoted in a Cincinnati Enquirer article on the possibility of the presidential election being too close to call on election night and results being delayed until provisional and absentee ballots are counted. “We could easily see a situation in which the nation has to wait for Ohio because of provisionals,” said Foley, an Ohio State University law professor and nationally respected expert on election law. “We ought to start thinking about those what-if scenarios now rather than the Wednesday morning after the election.”


Ohio's nightmare voting scenario

October 25, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article by Cinncinati.com regarding how Ohio’s voting policies could leave the election undecided for up to three weeks. “We could easily see a situation in which the nation has to wait for Ohio because of provisionals,” said Ed Foley, an Ohio State University law professor and nationally respected expert on election law. “We ought to start thinking about those what-if scenarios now rather than the Wednesday morning after the election.”


Zimmerman: Defeating disadvantage requires more than focus on race

October 25, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was quoted in an article in The Pitt News about minorities and college admission rates. According to Michelle Alexander, an author and Ohio State law professor, “More African-American men are in prison or jail, on probation or parole than were enslaved in 1850, before the Civil War began.”


Q&A | Harry Belafonte: Fire in his eyes still burning

October 25, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was given the opportunity by the Columbus Dispatch to sit down for a Q&A with Harry Belafonte about his role as an activist and entertainer.


A possible “nightmare scenario” for counting votes in Ohio?

October 25, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in The Washington Post about counting Ohio's provisional ballots accurately to avoid a disaster like Florida during the 2000 election. "There might be pressure on Obama to concede, especially if Romney is also ahead in the national popular vote,” Foley wrote.


Gamesmanship in Xstrata-Glencore Merger Vote

October 25, 2012

Featured Expert: Steven M. Davidoff

Professor Steven M. Davidoff wrote an op-ed for the New York Times regarding the Xstrata shareholder vote on its merging with Glencore. "The vote has been structured in a way to maximize efficiency in the hope that $200 million in management retention payments are also approved. It’s just part of the machinations intended to influence the voting on the largest deal of the year," he wrote.


Experts: Pothole payoff no precedent

October 24, 2012

Featured Expert: Sarah Rudolph Cole

Professor Sarah Cole was quoted in an article in the Columbus Dispatch about a case in which the prosecutor settled after being left paralyzed after a crash involving a pothole in the city. “Parties settle for a variety of reasons, not necessarily just for exposure, but (for) the condition of the plaintiff and uncertainty of the outcome,” said Sarah Cole, a law professor at Ohio State University and a nationally known expert in case mediation. “But I wouldn’t think this (sets legal precedent) for cities.”


Ohio Prepares for Close Election Amid Fears of Another Florida 2000 Mess

October 24, 2012

Featured Expert: Daniel P. Tokaji

 

Professor Dan Tokaji was quoted in an article in The Daily Beast about what winning Ohio means to both presidential candidates this election season. “The Ohio legislature made a mess of the state’s early voting laws. Secretary Husted has said it’s really easy to vote in Ohio,” Tokaji says, “but Republicans in Ohio have been trying to make it more difficult to vote but have been rebuffed by the courts.”


Copying bad Palm Beach County ballots will likely prevent repeat of 2000 election spotlight, experts say

October 24, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article by The Palm Beach Post about the likelihood of a vote-counting issue like the one in Florida in 2000 will occur again. “‘They were making up the rules as they went along,’ he said. That, he said, was what ultimately spurred the U.S. Supreme Court to halt the recount and call the election for George W. Bush.”


Ohio State law professor: Impact of gay marriage ruling ‘remains to be seen’

October 23, 2012

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in an article in The Lantern about the effects of the recent ruling on a same-sex marriage case. “As a legal matter, the value of legal precedent does not depend on party affiliation, the thought being that judges sit and decide cases as judges, not as members of political parties,” Spindelman said. “As a political matter, many may well think it significant that the constitutional flaws of the federal Defense of Marriage Act are increasingly visible to judges across major party lines.”


Few Winners in Heated Cellphone Wars

October 23, 2012

Featured Expert: Steven M. Davidoff

Professor Steven M. Davidoff wrote an op-ed for the New York Times about the battle between major cell phone companies like Verizon and AT&T. “Maneuvers by American cellphone providers to acquire one another are threatening to erupt into all-out war. And the question is not only which ones will survive, but whether the survivors will be ruined by the prey they are rushing to swallow, leaving consumers by the wayside,” he said.


Mediation, Arbitration, and the Promise of Privacy

October 22, 2012

Featured Expert: Steven M. Davidoff

Professor Steven M. Davidoff was quoted in an article on HarvardLaw.com regarding privately adjudicated arbitrations in Delaware.  Delaware judges and courts are renowned for their expertise in adjudicating the most complex business disputes in the United States, explains Steven M. Davidoff in the New York Times.


All Ohioans’ votes will count, Husted says

October 20, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article on ToledoBlade.com about Ohio Secretary of State Jon Husted's speech on voting rights for Ohioans at the University of Toledo Law School. "It’s the job of the federal courts to enforce the Constitution; that includes the right to vote,” said Daniel Tokaji, a professor at the Ohio State University Moritz College of Law who was a panelist at the symposium, after the secretary’s comments. “…We should be doing everything we can to improve access to eligible voters.”


State Issue 2 asks if we should change how legislative lines are drawn

October 17, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article in TheNewsLeader.com about State Issue 2 attempting to remove politicians from the process of drawing the state's legislative and congressional district lines. "The way our district lines are drawn [is] intended to maximize the advantage that incumbents and the party in power holds while minimizing the extent to which every citizen’s vote really matters," said Dan Tokaji, a law professor at Ohio State University and a member of the Voters First committee behind the ballot issue. "Our lines have been drawn in a way that basically ensures that politicians won't be held accountable to the people."


In Citigroup Shake-Up, a New Show of Power by Boards

October 16, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote an op-ed for the New York Times about the changing role of the board of directors and chief executives, citing the resignation of Vikram S. Pandit of Citigroup. "Mr. Pandit’s resignation is remarkable because it goes beyond what had been the traditional board role, which has been to stand back and hire or fire the chief executive. Here, the board appeared to want to change the course of Citigroup’s operations against the wishes of Mr. Pandit," wrote Davidoff.


Big Win for Obama Campaign in Ohio Early Voting Case

October 16, 2012

Featured Expert: Edward B. Foley

Professor Edward B. Foley was quoted in an article on ABCnews.com about Ohioans right to in-person early voting. “Now all voters in Ohio will have the opportunity to do in-person early voting, where they otherwise wouldn’t have,” says election law expert Edward B. Foley from the Ohio State University Moritz College of Law. “That makes the availability of early voting look more like 2008 when roughly 100,000 voters took advantage of the early vote. Expectation of political scientists in general is that demographically the segment of the electorate that prefers in-person early voting is an urban community.”


Despite Its Problems, Dodd-Frank Is Better Than the Alternatives

October 16, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote an op-ed for the New York Times about why the Dodd-Frank Act is better than its alternatives. The Dodd-Frank Act is designed to regulate banks to prevent financial crisis. "The bottom line is that there are real problems with Dodd-Frank. It contains tons of extraneous stuff, and even the provisions dealing with the large banks are sometimes too convoluted and intricate. The mess that the regulatory agencies are in as they try to sort out the Volcker Rule is a good example," he wrote.


Ohio Appeals to Supreme Court on Early Voting

October 15, 2012

Featured Expert: Edward B. Foley

Professor Edward B. Foley was quoted in an article on ABCnews.com about the Republican party's appeal to the Supreme Court about passing Ohio's early in-person voting restriction law. Edward B. Foley, an election law expert at the Ohio State University Moritz College of Law, says, “the Obama campaign’s concern is that there is a federal constitutional violation by giving voting opportunities to military voters that are not extended to all eligible voters. The campaign is suing under the Equal Protection Clause of the Constitution, which has a long track record in the U.S. Supreme Court in applying to voting laws.”


As Election Day nears, voter ID laws still worry some, encourage others

October 12, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a CNN.com article about new voter laws requiring citizens to present a valid state-issued photo ID at the polls to protect the integrity of voters. "We've seen a great deal of litigation in the last two election cycles," said Dan Tokaji, an Ohio State University law professor. "This is shaping up to be an extremely close presidential election in which a lot of these seemingly little things could add up and make a difference in these swing states in Florida or Ohio or Pennsylvania."


Judges: Count Ohio's problem ballots

October 11, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article on Cincinnati.com about the Cincinnati court’s decision that Ohio provisional ballots cast in the right polling place, but wrong precinct because of a poll worker must be counted. “The basic principle underlined in this case is that a voter’s vote shouldn’t be rejected because of someone else’s mistake,” said Daniel Tokaji, a professor at Ohio State University’s Moritz College of Law. “When you cut through all the legal technicalities, that’s what the case comes down to.”


Ohio State RAs facilitate social media expectations between roommates

October 11, 2012

Featured Expert: David A. Goldberger

Professor David Goldberger is quoted in an article in The Lantern about social media usage and guidelines between college roommates. “It seems to me what the university is trying to do is trying to handle it by persuasion and by articulating standards rather than initiating disciplinary proceedings,” Goldberger said. “I think that’s probably the sounder way to go. The courts have often found the rules that prohibit the kind of activity (social media use) to be unconstitutional because they’re too vague, or they’re too broad, and they’re very troublesome when they are enforced.”


In Gupta Sentencing, a Judgment Call

October 10, 2012

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in a Wall Street Journal article about the upcoming sentencing of former Goldman Sachs Group Inc. director Rajat Gupta. The guidelines are "just kind of running up numbers on a balance sheet," said Douglas Berman, a law professor at Ohio State University and an expert in sentencing law who has consulted for defense lawyers. Federal law says sentences should be "sufficient, but not greater than necessary" in order to punish the defendant, reflect the seriousness of the offense and provide deterrence.


Wall Street Faults State Lobby Law

October 10, 2012

Featured Expert: Donald B. Tobin

Professor Donald B. Tobin was quoted in a Wall Street Journal article on a new New York law that requires trade associations that lobby state government to publicly disclose their sources of funding. Banking and insurance groups are fighting against donor disclosure. "My gut tells me that New York would be able to say that there's a substantial relation between the disclosure requirement and an important government interest," Tobin said.


Jon Husted claims a member of the proposed redistricting commission could not be removed for taking a bribe

October 10, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a PolitiFact analysis of whether Ohio Secretary of State Jon Husted's statement that members of the proposed redistricting committee could " accept a bribe from somebody to get the map that you want, and you couldn’t be removed from this commission" was true or false. Tokaji said that existing Ohio law, enacted under Article 2, Section 38 of the Ohio Constitution, sets a process for removing an officeholder. "A commissioner could therefore be removed for bribery following this statutory process," Tokaji said. "Nothing in Issue 2 prevents this."
 


Ohio asks Supreme Court to overturn early-voting ruling

October 10, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Washington Post article on the Ohio Secretary of State's decision to appeal a United State Court of Appeals for the Sixth Circuit decision to allow early voting the weekend before the election to the Supreme Court of the United States.  Tokaji said it is difficult to predict what the justices will do, “but I’m going to go out on a limb and say it’s hard to see any good reason for them to take it.” When asked about the SOS's concern that as a result of the Sixth Circuit ruling, polls in some Ohio counties would be open the weekend before the election while others would not, Tokaji said “There’s one person in Ohio who has the power to fix that, and it’s Husted.”


Ohio Ruling Sets Stage for Supreme Court Decision on Early Voting

October 9, 2012

Featured Expert: Edward B. Foley

Professor Ned Foley was quoted in a Roll Call article about the Ohio Secretary of State's decision to appeal the recent U.S. Court of Appeals for the Sixth Circuit's decision to allow early voting in Ohio the weekend before the election. “What the [judges] are saying is that we, the federal judiciary, aren’t insisting that you have these three days of early voting everywhere; we’re just insisting that you treat the military and nonmilitary voters the same. So if under Ohio law every county gets to decide what to do, they still get to decide as long as they treat military and nonmilitary voters the same.”


Don't mess with Texas (if you're a lawyer for plaintiffs in an M&A case)

October 9, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff was mentioned in a Thompson Reuters article on state courts using attorney fee awards to encourage plaintiffs in complex business litigation cases to file in their state. "A recent study co-authored by Ohio State University associate law professor Steven Davidoff (aka Deal Prof of The New York Times' Dealbook) found that state courts use fee awards to induce plaintiffs' lawyers to file suits in their jurisdiction, in an example of "inter-state jockeying" among the courts," the article said.


Ohio Secretary of State Jon Husted to appeal early voting decision to U.S. Supreme Court

October 9, 2012

Featured Expert: Edward B. Foley

Professor Ned Foley was quoted in a Cleveland Plain Dealer article on the Ohio Secretary of State's decision to appeal a U.S. Court of Appeals for the Sixth Circuit decision to allow early voting in Ohio the weekend prior to the election.  "Basically, four federal judges took a look at this and said this Ohio law is convoluted and shouldn't be able to take effect for this election," Foley said. "Is it absolutely imperative for the U.S. Supreme Court to get involved? It doesn't feel that way to me."


The Private Equity Wizardry Behind Realogy’s Comeback

October 9, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote a column for The New York Times Dealbook on the company Realogy, the operator of Century 21 who was basically left for dead during the housing crisis but has since come roaring back to life. The company has been restructured multiple times in the past several years and is about to undergo an I.P.O. "Realogy’s Hollywood-like comeback shows how private equity firms can succeed even when they make the wrong call. The firms can use financial engineering to create Rube Goldbergesque financing structures that frankly appear to create their own money. Realogy has more than 15 different types of debt instruments alone. The case of Realogy shows private equity can be a company’s savior during even the worst of times," Davidoff wrote.


The Supreme Court Is Going To End Affirmative Action As We Know It

October 9, 2012

Featured Expert: Christopher J. Walker

Professor Christopher Walker was a source for a piece by business news site Business Insider addressing the likelihood that the Supreme Court of the United States would limit affirmative action through its ruling in a case challenging The University of Texas at Austin's admissions policy.

"At least four Supreme Court justices decided to review the Fifth Court decision that upheld UT's affirmative action policy. It's not too common for the high court to review a decision just to affirm it, former Supreme Court clerk Christopher Walker pointed out to Business Insider," the piece stated.


Ohio Ruling Sets Stage for Supreme Court Decision on Early Voting

October 9, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Roll Call article about the Ohio Secretary of State's decision to appeal the recent U.S. Court of Appeals for the Sixth Circuit's decision to allow early voting in Ohio the weekend before the election.  “To make a long story short, the Legislature made a real mess of our early voting law,” Tokaji said. “To the extent that there is any differential treatment between counties, Secretary Husted has no one to blame but himself for that and he has the power to fix it.”


Courts block Republicans' voter ID laws – for now

October 8, 2012

Featured Expert: Edward B. Foley

Professor Ned Foley was quoted in a Los Angeles Times article on several recent court decisions that block voter identification laws. "Courts see their role as the protectors of the core right to vote,"  Foley said.


Issue 2 could change the balance of power in Ohio

October 6, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Dayton Daily News article about Ohio Issue 2, which would create the Ohio Citizens Independent Redistricting Commission. The Commission would meet in public and consider four cour principles when drawing new district lines. “These are the criteria that best capture fundamental values in our democracy. They’re values that will serve the interests of voters rather than the interests of partisan politicians.”


Why MetroPCS Is Truly in Play

October 4, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote an opinion editorial for The New York Times Dealbook on the recent deal between MetroPCS and T-Mobile USA. "The deal structure is not that of a typical merger where a buyer simply acquires the target. It is instead a recapitalization. A recapitalization is a fancy term that means the rejiggering of a company’s capital structure," wrote Davidoff. "MetroPCS is reported to be — surprise! — not unhappy that this new deal may spur Sprint to come to the table. And because Revlon duties apply, MetroPCS’s board is now bound to take the highest price reasonably available."


'Alabama Teabagger' who rubbed genitals in face of LSU fan pleads guilty to obscenity in 11th hour deal

October 3, 2012

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in a Daily Mail article about the recent plea deal a University of Alabama football fan took after a he was videotaped "teabagging" an unconscious Louisiana State University football fan after a game.  "Technically a prosecutor does not need a victim to prosecute a crime, as long as there is other evidence sufficient to establish guilt beyond a reasonable doubt. But although it is possible to obtain a conviction in a case like this without a victim, it will be difficult to do so. A jury may not take the case very seriously if there is no victim willing to testify.  In this case, as reprehensible as the conduct may appear to some, others may see it as merely a crude college prank which does not rise to the level of criminal behavior.  That perspective will only be reinforced if the victim does not care enough about the case to come forward. Given this challenge, a prosecutor’s office may be reluctant to commit their scarce resources to prosecuting such a case," Simmons said.


 


In Market Rebound, a Windfall for Wall Street Executives

October 2, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote a column for The New York Times Dealbook about the rising compensation for executives at big banks. According to Davidoff, many bank executives were given stock options in 2008 and 2009 because it was permissible under TARP. Those options, originally valued at $142 million, are now work $457 million, an increase of 221 percent. "It’s hard to justify and it goes a long way toward explaining the persistent anger toward Wall Street, " Davidoff wrote.


Falkenberg: Is justice system in U.S. truly colorblind?

October 2, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander's book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness, was the topic of Houston Chronicle columnist Lisa Falkenberg's opinion editorial. "It should be required reading for anyone who makes criminal justice policy, or enforces it, or cares about it, in this state," Falkenberg wrote.


Rules of the Game: Shining a Light on Political 'Dark Money'

October 2, 2012

Featured Expert: Donald B. Tobin

Professor Donald B. Tobin was quoted in a Roll Call article about "dark money" in politics. The article focused on 501(c)(4) social welfare organizations who do not have to disclose donors, being used to fund political ads.  Two such groups - Crossroads GPS and Americans for Prosperity - have spent $173.8 million on campaign ads, which is more than the top four super PACs combined. Where the money came from is unknown. The article says Tobin favors requireing tax-exempt groups like the ones above to disclose contributions and expenditures over $25,000. "Tobin also suggests allowing for external complaints regarding abuses of tax-exempt status and putting enforcement in the hands of an independent, nonpartisan commission made up of former IRS veterans," the article said.


Supreme Court Term May Be Historic for Gay Marriage

October 2, 2012

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a Russian News agency article on the possibility of the Supreme Court of the United States taking up gay marriage this term.  The Proposition 8 challenge more closely addresses the issue of the constitutionally of bans on same-sex marriage than the DOMA lawsuits, said Marc Spindelman, a professor at the Moritz College of Law at Ohio State University. While the ruling in the California case was very specific to that particular amendment, gay marriage opponents may be eager to get a Supreme Court ruling on its legality in order to head off similar challenges in other states that currently ban same-sex marriages, Spindelman said. “Opponents see the possibility of this expansion, and that the way to address this is to expose the potential and logic of it,” he said.


Special voting access for the military nothing new, dates from the Civil War, Mike DeWine says

October 1, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a PolitiFact truth-o-meter question regarding Ohio Attorney General Mike DeWine's claim that "Since the time of the Civil War, we've made a distinction in this country between the availability and the ability to access for people who were in the military, versus the rest of us, to vote." Politifiact relied heavily on an article Tokaji wrote on the subject.  "There has been some waxing and waning over the years," Tokaji said in an interview. "It's not a story of steady progress over the years as time has marched on."
 


What moochers? Government programs help almost all Americans

October 1, 2012

Featured Expert: Donald B. Tobin

The Newark Star-Ledger quoted Professor Donald Tobin in an editorial demonstrating how Ann Romney and her horse Rafalca benefit from government benefits.  "My wife does dressage. We have a horse and we can’t deduct anything, because it’s a hobby,’" Donald Tobin, a tax law expert at Ohio State’s Moritz College of Law, told Forbes. "When I’m doing something that’s just for fun and not intended to make money, why should other people be subsidizing it?"


Defending Free Speech in a Global Era of Hate Speech

October 1, 2012

Featured Expert: David A. Goldberger

Professor David Goldberger was a featured guest on All Sides with Ann Fisher on WOSU during a segment focusing on the First Amendment right for free speech balanced against the need for responsible speech. The president of Pakistan called for the U.N. to support a worldwide blasphemy ban in the wake of violent outbursts in the Middle East over the “Innocence of Muslims” video.

“It’s pretty easy to find anything blasphemous because it’s based upon the subjective reaction of individuals. So the (U.S. Supreme) Court has been very clear that you can’t prohibit it in the states,” Goldberger said.

When the discussion turned to the argument of speech that evokes incitement, he posited: “Are we going to completely ... revamp our legal system because of the fanatical reactions and opportunistic political reactions of people in another country? Is the United States going to have to say, ‘Our legal standards are going to have to track what’s going on on the other side of the world?’ I certainly hope not.”


Clipped Wings

October 1, 2012

Professor Peter Swire was quoted in a Corporate Counsel article about the plight of the Privacy and Civil Liberties Oversight Board, which was set up to provide a safeguard against overzealous government intrusions on privacy during the fight against terrorism.  After four years, the Senate finally confirmed four board members, but not chairman, who is the only person empowered to hire staff. "Clearly, the board cannot carry out its work as the statute intends if there is no chairman in place," Swire said.


Around the Blawgosphere: SCOTUSblog Hits 10-Year Mark; Building an Affordable Suit Wardrobe

October 1, 2012

Featured Expert: Douglas A. Berman

Professor Doug Berman was mentioned in an ABA Journal article, which noted that Berman's blog, Sentencing and Law Policy, had recently questioned why the Presidential candidates had not spent any time discussing their respective positions on the death penalty. "The federal death penalty has been in a mysterious state of suspension even since the Baze [v. Rees] lethal injection litigation created a moratorium on executions more than five years ago," Berman said. "The federal chief executive (and his appointed attorney general) has some unique death penalty responsibilities and thus ought to at some point in a campaign speak to his views on how best to discharge these responsibilities."


Democrats Target Ohio Ballot Rule as Republican Laws Fall

September 30, 2012

Featured Expert: Edward B. Foley

Professor Ned Foley was quoted in a Business Week article on pending election administration lawsuits in Ohio.  “It’s not unprecedented to have these last-minute lawsuits over voting process.  They’ve just snowballed since Bush v. Gore.”


Supreme Court begins term with another Az case on docket

September 29, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Tucson Sentinel article on the upcoming U.S. Supreme Court session and the odds the Court will hear a case on Arizona Proposition 200. “It’s unlikely that they’re going to get the Supreme Court to bite on this one,” said Tokaji.


US elections: Where is my vote?

September 28, 2012

Featured Expert: Edward B. Foley

Professor Ned Foley was quoted in a Muslim News article on the impact new identification laws and restriction to early voting could have on voter turnout. “Rhetoric on both sides has been over stated,” Foley said. 


Bank Of America To Pay $2.43 Billion To Settle Class Action Lawsuit

September 28, 2012

Featured Expert: Paul Rose

When news broke that Bank of America was settling a pending suit related to its acquistion of Merrill Lynch, NPR went to its All Things Considered archives to find Professor Paul Rose's prediction on the case when it was originally filed.  "You'll see a settlement often coupled with some sort of corporate governance change or something that they feel is really important," he said.


Should partisans be in charge of our elections?

September 27, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article on CBS News discussing whether partisan officials should be in charge of election administration in the United States. "It's an inherent conflict of interest because you've got an umpire who's a betting stake in the game," Tokaji said. "We can't know for sure whether Katherine Harris made the decisions she made because that was her legitimate interpretation of the law or she wanted to help Bush win. But this is not just a problem of bad actors, this is the problem of an inherently unfair system."


Voter ID Laws Could Delay Outcome Of Close Election

September 26, 2012

Featured Expert: Edward B. Foley

Professor Ned Foley was quoted in a Huffington Post article looking into whether there will be an increase in provisional ballots during this election because of changes in voter laws. Provisional ballots take longer to count.  "Americans have gotten used to the expectation that you could turn on the TV and you would know that night who won the election, even after Florida in 2000," said Edward B. Foley, a law professor at Ohio State University. "But this could be an election in which we don't know the answer for several days."


Download, print, fire: gun rights initiative harnesses 3D technology

September 26, 2012

Professor Peter Swire was quoted in a Guardian article about gun enthusiasts using 3D printers to be able to manufacturer guns in their homes with no licenses or regulations. The project recently received a grant and the cost of 3D printers has dropped significantly. "What's important here is the ability to turn software into a gun anywhere in the world," said Swire. "I think the big question is how many 3D printers are we going to have? The more 3D printers the more gun factories there are."


A Hedge Fund’s Complex Scheme May Cost It Millions

September 25, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote a column for The New York Times Dealbook on a Canadian case about Mason Capital Management, a hedge fund, and Telus Corporation, a large Canadian telecommunications company.  Mason set up a complex deal in which it acquired 19 percent of Telus's voting stock and financed the deal with a roughly equivelent short position in Telus's nonvoting common stock. Davidoff points out that this once seemingly nonfail deal is likely to now end up as not very profitable for Mason because of some slick manuevering by Telus and support by the Canadian courts.


What? There's a Nonpartisan Way to Run Elections!?

September 24, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a in an American Prospect article about partisianship in election administration. "This is a big part of the reason why we have such grave and serious complaints about our political process from people across the political spectrum," said Tokaji,. "People don't trust the partisan officials who are running our elections and not without good reason. Virtually all of our state authorities have a conflict of interest because they are party-affiliated."


The Economics of Law School

September 24, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote a column for The New York Times Dealbook on the costs and expenses of law schools, pointing out that the cost of veternary school has rised considerably while applications have soared and salaries for vets remain low. "The problem of law school is one that is ubiquitous to higher education — the current model is inherently expensive but even today, lower-priced alternatives don’t seem to meet the standards or be desired by many students," Davidoff wrote.


Litigation casts pall as early vote approaches

September 23, 2012

Featured Expert: Edward B. Foley

Professor Ned Foley was quoted in a Toledo Blade article focusing on pending election lawsuits in Ohio and the likelihood of more lawsuits if the election is close.   “We see these lawsuits now. If it’s close, we’ll see these lawsuits later,"  he said. "I think that’s a question worth asking today.  Should you feel good about a win and should you really feel entitled to a win if the way in which you win is by disqualifying votes of valid voters? They went to the polling place. They had the right ID. They just by virtue of a mistake — and it might not have been their mistake. It might have been the poll worker’s mistake — they ended up with the wrong piece of paper."


New Voting Laws Get Democratic Organizers Fired Up

September 20, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a National Journal article about changes in election law, including voter identification laws, across the country and the impact those new laws may have on voter turnout. “We’re still figuring this out, and it will probably take social scientists years to do it because there are so many variables that affect turnout,” he said.


Rev. Matthew J. Watts: Worse than Jim Crow

September 20, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was and her book, The New Jim Crow, were the topic of an oped by Rev. Matthew J. Watts in the Charleston Gazette.


Pa. Supreme Court Doubts State Can Comply With Its Own Voter ID Law

September 19, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Colorlines Magazine article on the Pennsylvania Supreme Court's ruling in the state's controversial voter identification law.  “I think this is quite right. “It shouldn’t be based on predictions of whether voters will or won’t get ID. The protection of the right to vote shouldn’t be a matter of guessing probabilities,” Tokaji said.


Dad is indicted in son’s death

September 19, 2012

Featured Expert: Joshua Dressler

Professor Joshua Dressler was quoted in a Columbus Dispatch article about a parent who was prosecuted for homicide when his three-year old son accidentally shot himself with a gun he found. “I think that prosecutors would look at a case like this and feel that, at a minimum, you want to send a message to parents that they need to take better care of their loaded weapons. Juries frequently feel in cases of this sort that the parent has been punished enough just by the death of their child, and therefore tend not to want to convict at a high level," Dressler said.


'47 percent' recording may be illegal

September 18, 2012

Professor Peter Swire was quoted in a Politico article questioning whether the recording of Presidential Candidate Mitt Romney saying that 47 percent of the country won't vote for him because they see themselves as victims and do not pay taxes was obtained illegally.  "I think there are good arguments both ways under the statute. Both sides can write a good brief now," Swire said.
 


Did Secret Recording Of Romney Fundraiser Break Florida Wiretap Law?

September 18, 2012

Professor Peter Swire wrote a guest blog post for ThinkProgress on whether the secret tape recording of Presidential Candidate Mitt Romney infamous "47 percent" quote was acquired illegally under Florida's wiretap law. In the post, Swire reviews three possible defenses the unknown person who made the tape might have available.


Ohio Secretary of State Jon Husted, rising GOP star, frustrated by court challenges but confident in state's elections operation

September 14, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an Cleveland Plain Dealer article about Ohio Secretary of State John Husted, the recent judicial rulings against early voting restrictions, and Issue 2, which would revise how redistricting is conducted in Ohio. "Secretary Husted and his colleagues have put their own partisan self-interest ahead of their legal obligation [to] the Ohio voters," Tokaji said.


Challenges to Voting Laws May Play Havoc On and After Election Day

September 13, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Roll Call article about likely lawsuits that will arise on and after Election Day because of new voter id laws and restrictions in early voting. "If I had to boil it down to its essentials, it's access versus integrity, that's what these cases are about," Tokaji said. "It's a real worry that people who voted early four years ago won't be aware of the fact that the state has restricted early voting this time around."


Jim Crow 2012 - Is the war on drugs really a war on minorities?

September 13, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander's book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness, was reviewed in the Sacramento Bee.  


Third Point to raise $250m for cat fund

September 13, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff's column in The New York Times Dealbook was discussed in an Royal Gazette article on the reinsurance market in Bermuda.


Backlash Swells Against Voter Laws

September 13, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the Daily Beast in an article about the rise in voter id laws.  “These courts smelled a rat,” said Tokaji, a professor of election law at Ohio State University’s Moritz School of Law. “State legislatures overplayed their hand and got greedy. It was transparent that the real reason for these changes was to make it difficult for some people to vote.”


Voter ID laws, poll tax not equivalent

September 12, 2012

Featured Expert: Edward B. Foley

Professor Ned Foley was quoted in a PolitiFact analysis of a statement by the American Civil Liberties Union that voter identification laws are essentially a modern-day poll tax.  "The U.S. Supreme Court has not definitely settled this debate, although its 2008 decision in the Indiana voter ID case suggests that the poll tax claim faces an uphill battle," said Edward Foley, executive director of an election law center at The Ohio State University’s Moritz College of Law.


Pennsylvania High Court to Make Make Key Call on Juvenile Life Sentences

September 12, 2012

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in a Juvenile Justice Information Exchange article about a Pennsylvania Supreme Court hearing on whether 400 inmates convicted as murder as juveniles should be given the chance for parole in light of the U.S. Supreme Court's decision in Miller v. Alabama. “It’s in no one’s interest to litigate this,” Berman said.


Seeking Critical Mass of Gender Equality in the Boardroom

September 11, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote a column in The New York Times Dealbook about the lack of women on the board of directors on Fortune 500 companies and the likely impact adding more women would have on those businesses.


Should the US cut aid to Egypt? No, Morsi could help end conflict

September 10, 2012

Featured Expert: John B. Quigley

Professor John Quigley wrote an opinion editorial in the Arizona Daily Star, and other McClatchy-Tribune newspapers, arguing that U.S. aid to Egypt should not be cut because of recent activities by the country's new president.


Issue 2 opposition splits Ohio State Bar Association membership

September 7, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Columbus Business First article about Ohio Issue 2. The Ohio State Bar Association and a group of law professors are on opposite sides of the issue. Tokaji said it is unusual for the bar association to take a position on a state ballot issue, leaving some to wonder whether it is under political pressure.


Despite voter ID law, minority turnout up in Georgia

September 3, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in the Atlanta Journal Constitution about the impact of Georgia's strict voter identification law. "I think the rhetoric on both sides has been overstated. It hasn’t had the voter-suppressing effect that some people feared.” Foley said.


Could provisional ballots be the hanging chads of 2012?

September 1, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the Pittsburgh Post-Gazette in an article examining the role provisional ballots could play in the 2012 election.  "If you're worried about what is going to be the next Bush v. Gore, it's likely to be either provisional ballots or absentee ballots," he said. "Those can be the big things people can be expected to fight over in the event of a close election."


Revolutionary, Ordinary Innovation

August 31, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff's column In the Ordinary, Silicon Valley is Finding the Next Big Thing was the subject of a post by Wall Street Journal writer Irving Wladawsky-Berger, who wrote "Professor Davidoff makes a very important point about this latter kind of innovation: what makes these innovations disruptive is the way they transform every-day, ordinary activities. These innovations are simultaneously revolutionary and ordinary. As a result, they are often much more subtle than classic lab-based innovations, which few would ever call ordinary."


Judge Issues Injunction Against Ohio’s ‘Wrong Precinct’ Election Law

August 29, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Daily Beast article on an injunction issued by a U.S. district judge stopping the implementation of an Ohio  law that would have thrown out ballots cast when poll workers directed voters to the wrong precinct in voting places serving multiple precincts. More than 14,000 such ballots were rejected in Ohio in 2008. “From a common-sense perspective, it seems quite unfair to reject a vote because a poll worker made a mistake,” Tokaji said.


Drug Sentencing Laws: States Work Towards Reform

August 28, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was featured in a Huffington Post article about state prison reforms for drug related crimes. The article cited Alexander's book, The New Jim Crow: Mass Incarnation in the Age of Colorblindness.


Humanitarian Effort in Congo Puts S.E.C. in Unintended Role

August 28, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote a column for The New York Times Dealbook on provisions in the Dodd-Frank Act that require public companies to disclose and monitor whether they use conflict minerals that may have originated in the Congo.  Davidoff reviews the recently released regulations and questions whether the law will be effective and is the right avenue for addressing a humanitarian issue.


Ohio redistricting plan mirrors California proposal that failed to remove politics from the process

August 26, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the Cleveland Plain Dealer in an article about Issue 2 in Ohio, which would create a commission that would handle redistricting in the future. A similar commission was created in California and some critics claim the California commission has not taken the politics out of redistricitng as promised.  “They’ve got all these perverse fantasies about what might happen with the citizens commission. None of them are nearly as bad as what actually happened in real life,” Tokaji said.


Verifying provisional ballots may be key to election

August 26, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the Pittsburgh Post-Gazette in an article about the importance of provisional ballots in a close election.  "If you're worried about what is going to be the next Bush v. Gore, it's likely to be either provisional ballots or absentee ballots. Those can be the big things people can be expected to fight over in the event of a close election."


Pre-Election Legal Battles Target Voting Rules

August 24, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was interviewed and quoted on NPR in a piece about the current pre-election litigation occuring in several battleground states.  "If there are going to be lawsuits, it's better to have them early rather than later. I think everybody knows that they are potential swing states in the presidential election. And the lawyers know that, and so they know which states might matter the most and where the voting rules might really make a difference," Foley said.
 


Activist state election officers lead charge for Voter ID

August 23, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an NBCNews article discussing how many secretaries of states across the country have taken on a much more partisan and activist role than in the past.  The partisanship of secretaries of state in the role of chief election official “is an obvious conflict of interest between the essential obligation to serve all voters and their attachment to one of the major political parties,” Tokaji said.


Profits in G.M.A.C. Bailout to Benefit Financiers, Not U.S.

August 23, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote a column for The New York Times Dealbook telling the long and winding tale of ResCap, a subsidiary of Ally Financial, formerly General Motors Acceptance Corporation (G.M.A.C.), as it makes its way through massive losses, bailouts, and now bankruptcy.


Secretaries of state lead charge for strict voter requirements

August 21, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an iWatch article about Secretaries of State leading the efforts to enact voter identification laws in many states.  The partisanship of secretaries of state in the role of chief election official “is an obvious conflict of interest between the essential obligation to serve all voters and their attachment to one of the major political parties,”  Tokaji said.


How Instagram Could Have Cut a Better Deal

August 20, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote a column in The New York Times dicussing strategies Instagram could have used when it was bought out by Facebook to protect the value of the deal, which was originally valued at about $1 billion, but has dropped to about $735 million as the value of Facebook stock has declined.


Cautious Moves on Foreclosures Haunting Obama

August 19, 2012

Professor Peter Swire was quoted in the New York Times in an article focusing on the Obama Administration's lackluster efforts to help homeowners facing foreclosure.  "They were the most experienced financial crisis team that you could have, but when you have economists like Larry Summers working on things — well, Larry Summers is a macroeconomist. He’s not a case worker,” Swire said. 
 


Pennsylvania Voter Suppression Law Upheld

August 16, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Lawyers.com article, which was about Pennsylvania’s voter identification law being upheld by the Commonwealth Court.

“If it’s actually no burden to ask someone to show an ID, let the law be enforced for those to whom it’s no burden,” Foley said. “If you don’t have the right kind of ID, and you state the reason is you can’t get the official document because you’re indigent, and sign an affidavit that you are indigent, your vote will count. …I can’t say it’s great to vote a provisional ballot as opposed to a regular ballot, but they aren’t disenfranchised.”


Founder Richard Schulze won't back off from Best Buy takeover

August 16, 2012

Featured Expert: Steven M. Davidoff

Professor Steven M. Davidoff was quoted on Minnesota Public Radio about Best Buy founder Richard Schulze's recent attempts to buy the company. "If you look at the statement from Best Buy, he's certainly free to talk to them. He's not free to form a group," Davidoff said. "He could talk about the possibility of making a bid. But once they enter beyond preliminary stages, he's going to have to come back to the board and seek their approval."


Presidential campaigns spar over Ohio election law

August 15, 2012

Featured Expert: Edward B. Foley

Professor Ned Foley was quoted in an article by The Associated Press. The article regarded presidential campaigns and Ohio’s election law.

"Ohio is a repeat player in the election litigation business," Foley said. "Ohio matters and it stands to reason that the candidates are going to care more about the voting rules for a swing state."


Pennsylvania Voter ID Challengers Lose Bid to Block Law

August 15, 2012

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was mentioned in a Bloomberg article about Pennsylvania’s voter ID law being upheld by the Commonwealth Court. The article noted Tokaji said, “The Pennsylvania ID debate is getting heightened attention because of the state’s swing status.”


Secretaries of state fashion new, activist roles

August 13, 2012

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a MinnPost article about secretaries of state turning to activists.

“The past decade we have seen a lot of changes, many of them positive, but we really haven’t addressed this problem when it comes to how our elections are run,” Tokaji said.

The article was also published by Pine Tree Watchdog.


Prosecutor: Diversion program saves system money and time

August 13, 2012

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Springfield News-Sun article about a first-time felony offender diversion program, which aims to reduce low-level felony cases in court and save taxpayers’ money.

“There needs to be an effort to make sure the program is tailored to the unique needs of classes of offenders,” Berman said. “Prison is a very expensive way to deal with low-level criminal offenses.”


Former Goldman Programmer Is Arrested Again

August 9, 2012

Featured Expert: Joshua Dressler

Professor Joshua Dressler was quoted in an article in the New York Times, which centered on former Goldman Sachs programmer Sergey Aleynikov being arrested again, charged with state crimes.

“It’s very rare that double jeopardy would come into play in a case like this,” Dressler said. “The Supreme Court decided this in 1922 and it’s been settled law ever since.”


Citizenship question sets off controversy at polls

August 8, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted by The Detroit News in an article that centered on extra concern about U.S. citizenship causing controversial confusion at voting polls. Foley said the 2002 Help America Vote Act deems all voters eligible to cast ballots.

“If voters go to the polls and say they believe they are entitled to vote then they should receive a provisional ballot no matter what," Foley said. "They can come in later with proof of citizenship.”


Voter ID lawsuits could delay election results again

August 7, 2012

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an article by CNN about new voter ID laws delaying election results.

"Whenever you change the rules by enacting new laws, it triggers a round of litigation. I don't think we'll see an end to this anytime soon," Tokaji said. "It could come down to the states counting of absentee ballots. ... We could see a replay of the 2000 election, where we don't have a winner for weeks."


Redistricting amendment effort, foes gearing up for fall campaign

August 7, 2012

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Lima News article about Voters First’s redistricting initiative being on the November ballet.

“We don’t have any truly nonpartisan institutions in the state. We had to create one, with the best means possible ensuring commissioners who wouldn’t be wolves in sheep’s clothing, partisans pretending to be nonpartisans,” Tokaji said. “We think we have a message that rings trues with voters. …Voters have an instinctive sense that the political process is not working, at least not working for them.”


In $440 Million Trading Error, Upside of Wall St. Failures

August 7, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote an article for The New York Times DealBook as the Deal Professor. The article suggested an accidental $440 million trading error by Knight Capitol Group demeans the survival Wall Street firms.

“The Knight Capital debacle follows a long list of Wall Street failures. In the last few years, Lehman Brothers, Bear Stearns and MF Global have destroyed themselves. Before that, Drexel Burnham Lambert filed for bankruptcy in 1990, Barings in 1995, Long-Term Capital Management in 1998, Refco in 2005 and Amaranth Advisors in 2006. In the late 1980s and early 1990s, the savings and loan scandal resulted in a spate of bank liquidations. In the 1970s, there was the implosion of the Wall Street financial institution Goodbody & Company, and in the decade before, the failure of Ira Haupt & Company,” Davidoff wrote. “While you may look at horror when you see this record, Wall Street is actually better than average in the failure department these days.”


Critics urge Congress to undo Supreme Court privacy decision

August 2, 2012

Professor Peter Swire was quoted in a Legal Times article for his speaking, as part of a panel of lawyers, to Congress August 2 about the undoing the Supreme Court’s ruling in Federal Aviation Administration v. Cooper. Under the ruling, medical information shared by government agencies can’t recover someone’s emotional damages.

"I think emotional harms that are proven to a judge are real harms here, and we should put that back in the law," Swire said.


Union cash helps petition effort

August 1, 2012

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Toledo Blade article about Voters First’s redistricting initiative qualifying for the November ballot.

"Today the politicians, lobbyists, and political insiders continued to divert attention from the need for redistricting reform," Tokaji said in regard to Protect Your Vote. "The opposition won't disclose its funders. They won't talk about the hundreds of thousands of Ohioans -- Republicans, Democrats, and independents -- who stand with Voters First because they want to take back the power from the politicians and return it to the people."


Group submits signatures to place redistricting reform issue on ballot

August 1, 2012

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an article by The News Leader, which centered on Voters First gathering enough signatures to get its redistricting initiative on November’s ballot.

"... The process we have now is a disaster," Tokaji said. "It is a process that rigs district lines in favor of politicians, lobbyists and their cronies, and the process that we have spent many months developing... we are confident is better than any one that has been tried or even proposed in any other state."


Privacy board at center of cyber bill is dormantback

July 31, 2012

Professor Peter Swire was quoted in a Politco Pro article about the Privacy and Civil Liberties Oversight Board being paralyzed and the effect that has on a cybersecurity bill.

"We'll have information sharing, but not the oversight," Swire said. "Depending on the bill, we might repeal privacy protections and have nothing in place to make up for that."


Backers of remap petition confident of reaching ballot

July 31, 2012

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Toledo Blade article about Voters First having high hopes for its redistricting amendment to be on the November ballet.

"We know that politicians and their cronies are going to do everything that they can to stop us," Tokaji said. "No one fights harder or meaner than a politician determined to hold onto his own power."

Part of the article were also published by The Record Publishing Company.


Voting Systems’ Plagues Go Far Beyond Identification

July 31, 2012

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a New York Times article, which regarded flaws in the United States’ voting system.

“This has all become incredibly politicized in recent years,” Tokaji said. “If you go back in our history, you can find voter registration rules used to exclude blacks or immigrants from voting. But since 2000 it seems to have gotten worse. Both parties have realized that election administration rules can make the difference between victory and defeat in a close election. And unlike virtually every other country in the world, our systems are administered by partisan officials elected as candidates of their parties.”


Organized labor overwhelmingly backing Ohio effort to change how election maps are drawn in Ohio

July 31, 2012

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Cleveland Palin Dealer article about Voters First working toward its redistricting initiative.

"Today the politicians, lobbyists and political insiders continued to divert attention from the need for redistricting reform. The last thing they want to talk about is their abuse of the redistricting process to protect themselves and their political cronies,” Tokaji said. “The opposition won't disclose its funders. They won't talk about the hundreds of thousands of Ohioans – Republicans, Democrats and Independents who stand with Voters First because they want to take back the power from the politicians and return it to the people."


Group pushing to change redistricting spent more than $1.3M to get issue on ballot

July 31, 2012

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an article by the Dayton Daily News, which centered on Voters First spending more than $1.3 million toward its redistricting initiative, which has qualified to be on the November ballot.

“They want to run a campaign the same way they drew the district lines — in secret rooms without transparency, accountability or public input,” Tokaji said of Protect Your Vote. “We may never know the identity of the lobbyists and special interests behind their effort, because they will use every loophole to avoid disclosing their funders.”


This Week in Tech: Cybersecurity showdown arrives in Senate

July 30, 2012

Professor Peter Swire was recognized in an article by The Hill for being a witness at hearing in consideration of updating the 1974 Privacy Act July 31.


Will Ohio count your vote?

July 28, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Cincinnati Enquirer article about voters’ ballots being discarded.

Foley equated developing an electoral process to “planning for hurricanes.” He said, “You need to build an election system that can withstand the unexpected, unusual event. …We’re not quite there yet in Ohio, and that’s what worries me. The fate of the nation could hang on provisional voting in Ohio. That’s rather unsettling.”

The article was later published by the Mansfield News Journal.


Adding Up Marissa Mayer’s Pay at Yahoo

July 27, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote an article for The New York Times DealBook as the Deal Professor. The article estimated chief executive of Yahoo Marissa Mayer’s compensation. Davidoff suggested a five-year contract for Mayer would be around $117 million.

“But to really cash in, Ms. Mayer will not only have to stay at Yahoo for several years but also hit financial goals, which have yet to be defined,” Davidoff wrote. “In other words, much of her success and money will mean hitting those targets. It remains to be seen whether they will be meaningful targets, but Daniel. S. Loeb, the head of the activist hedge fund Third Point, which owns about 6 percent of Yahoo, has a big stake in seeing her achieve significant gains.”


Charities' Abuse Of Tax Exemptions Is Putting Their Special Treatment At Risk

July 26, 2012

Featured Expert: Donald B. Tobin

Professor Donald Tobin was referred to in a Forbes article for his addressing the House Ways & Means Oversight subcommittee about tax-exempt charities. The article was about charities that abuse tax exemptions.

The article was also published by The Christian Science Monitor.


Pursuing justice for all of our kids

July 23, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was mentioned in The Cininnati Enquirer in an article about her speaking engagement at the Children’s Defense Fund’s four-day event at Duke Energy Convention Center in Cininnati.


Ohio's mayor's courts, big business

July 22, 2012

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in The Columbus Dispatch in an article about Ohio’s mayor’s courts not following the law. Simmons said Ohio’s mayor’s court system is outdated.

“These more informal methods are more from an era when we weren’t as concerned with everyone’s rights and making sure the proper proceedings are followed,” he said. “Now, we’re not as willing to cut those corners.”


'Mass killers could legally purchase powerful weapons'

July 22, 2012

Featured Expert: John B. Quigley

Professor John Quigley was on Press TV to discuss the movie theater shooting in Aurora, Colo., specifically regarding the ease of gun purchase in the United States.

“Weapons of some seriousness like weapons that this fellow bought are generally available for legal purchase,” Quigley said. “There are requirements, but those requirements are not very


Interesting Deals That Flew Under the Radar

July 20, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, as the Deal Professor, wrote an article for The New York Times DealBook. The article recapped deals made midsummer and included deals such as Georgia Gulf acquiring PPG Industries, WellPoint acquiring Amerigroup, and a deal between Australia Acquisition and Harbinger Capitol.

Of Fidelity National Financial acquiring J. Alexander, Davidoff wrote, “This deal proves the maxim that small deals often exceed the complexities of big, large-cap acquisitions.”


Letting the Punishment Fit the Crime

July 20, 2012

Featured Expert: Douglas A. Berman

Professor Douglas Berman was referenced in a Rockwall Herald Banner article for his writing about creative sentencing on his Sentencing Law and Policy blog.

The article, which was also published on Dallas Blog, noted Berman wrote, “When done well by the right folks with the right idea in mind, creative sentencing can be a good thing. There are lots of folks for whom prison may do more harm than good, not just for themselves but for society.”


Romney can't repeal Obamacare on own

July 19, 2012

Featured Expert: Ruth Colker

Professor Ruth Colker wrote an opinion-editorial for The Columbus Dispatch about Mitt Romney’s hopes to repeal Obamacare.

“This history lesson is an important reminder of what Romney would have to navigate if he were elected president, even with a Republican majority in the Senate. If he tried to send a blanket ‘repeal’ bill to Congress, we can anticipate that Democrats would retain sufficient votes in the Senate to filibuster such an effort,” Colker wrote. “Recent history also reminds us that Romney, if elected president, could use some of his executive authority to dismantle the Affordable Care Act. The act’s administration will require a massive system of federal regulation.”


Ohio Secretary of State Jon Husted asks feds for immigration database for voters' citizenship verification

July 19, 2012

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an article by The Cleveland Plain Dealer about Ohio Secretary of State Jon Husted requesting access to a federal immigration database so that citizenship of voters may be verified this election

"There are likely to be many mistakes in any huge database and voters should not be denied the right to vote due to some bureaucrat's technical error," Tokaji said.


Both Left And Right Got The Taxes On The Romneys' Olympic Horse Wrong

July 19, 2012

Featured Expert: Donald B. Tobin

Professor Donald Tobin was quoted in an article by Forbes, which inquired about taxes and Mitt Romney’s investment into Rafalca, a horse to be rode by equestrian Jan Ebeling in the dressage competition at the London Olympics.

“My wife does dressage. We have a horse and we can’t deduct anything because it’s a hobby,’’ Tobin said. “When I’m doing something that’s just for fun and not intended to make money, why should other people be subsidizing it?”


PFGBest Founder Said the Regulators Made Him Steal; Goldman’s Profit Down: Roundup

July 18, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff was referenced in a New York Observer article for his writing, as the Deal Professor, an article for The New York Times DealBook about former Citigroup banker Brian Stoker.

The article, which highlighted many topics, noted Davidoff wrote Stoker’s trial “is more likely to show ‘how clueless financiers can be.’”


Citizens group needs more signatures to change redistricting process

July 18, 2012

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an Akron Beacon Journal article about Voters First still needing more signatures to get its redistricting initiative on the November ballot.

Tokaji said the group stopped getting signatures July 3, but “We are confident that we will be able to submit whatever number we need.” He also said, “This initiative [asks] to change politics as usual and create a political process in Ohio that is fair, accountable and transparent.”


Obama Campaign Calls Ohio Early Vote Law Unconstitutional

July 17, 2012

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was referenced in a Bloomberg article for noting in a previous interview, “Expanded early voting is perceived to have helped Democrats, especially Obama in 2008, more than Republicans.”

The article, which was also published inThe San Francisco Chronicle, centered on Obama for America deeming Ohio’s early vote law unconstitutional.

 


If Little Else, Banker’s Trial May Show Wall St. Foolishness

July 17, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, as the Deal Professor, wrote an article for The New York Times DealBook about former Citigroup banker Brian Stoker’s civil trial for “role in creating exotic mortgage securities.”

Davidoff wrote, “Although we’re going to get an inside view into an arcane world, the case more than likely won’t show that anybody acted out of malice. Rather, it will highlight that no one thought hard about the risks — not the buyers, the sellers or the investment banks packaging these complex derivatives. Only a few smart hedge funds realized what was going on, and profited from it.”


Hong Kong Graft Charges Pressure City Chief to Crack Down

July 15, 2012

Featured Expert: Daniel C.K. Chow

Professor Daniel Chow was referred to in a Bloomberg article for his writing about the United States Foreign Corrupt Practices Act’s effect in China for the Wisconsin Law Review.

In the article, which focused on Hong Kong’s anti-graft agency, noted Chow wrote in his article, “Giving kickbacks or providing favors to authorities ‘occurs innumerable times on a daily basis in China.’”


Democracy is hard

July 13, 2012

Featured Expert: John B. Quigley

Professor John Quigley wrote an article for the McClatchy-Tribune, which was also published by The Vindicator. The article centered on the topic of democracy.

“A major problem for the United States is even-handedness. During the Cold War, we overlooked autocracy if a country was on our side. Now we purport to promote democracy for all,” Quigley wrote.


Voters First Initiative Faces Opposition From Top Ohio Election Official

July 13, 2012

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was on the Ohio News Network and quoted in an article about the Votes First Initiative being opposed by Ohio election officials, such as Rep. Secretary of State Jon Husted.

"It's not surprising that partisan politicians and party bosses are trying to hold onto their power," Tokaji said. "What the Voters First Initiative would install is a non-partisan independent citizens commission."


Attempt to Overturn GOP Redistricting Moves Forward

July 12, 2012

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Cincinnati CityBeat article for his opposition to Ohio House Bill 369.

"This is not a Republican vs. Democrat issue. [Gerrymandering] has been done by both parties. The opposition has been trying to characterize this as a Democrat-led effort," Tokaji said. "You could throw a bucket of paint on the wall and it wouldn't be as ugly as these maps."


Manchester United’s I.P.O. Feels at Home in U.S.

July 11, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff was mentioned by The New York Times Soccer Blog for an article he wrote as the Deal Professor about Manchester United filing to go public in the United States.

The article noted, Davidoff wrote, “Manchester United will not need to file quarterly reports, report material events, file proxy statements or disclose extensive compensation information, all of which American companies must do … Under a different S.E.C. rule adopted in 2008, Manchester United also does not need to report financials under the generally accepted accounting principles used in the United States, but can instead rely on international financial reporting standards.”

The article was also referenced by YCharts and was published in print in the The New York Times DealBook.


First Amendment: Gore Good, Genitals Bad

July 11, 2012

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a CityBeat article regarding First Amendment rights, specifically freedom of speech.

“It’s generally the case that the (U.S.) Supreme Court has been more tolerant of regulations of sexually explicit speech,” Tokaji said. He went on to it’s difficult to restrict gory message such as displaying aborted fetuses.


The Importance of Self-Regulation in Improving Digital Privacy

July 10, 2012

Professor Peter Swire was mentioned in a Law.com article for his testimony regarding consumer internet privacy protection. The article, which focused on the National Association of Attorneys General launching a digital privacy initiative, noted Swire said “self-regulation works best when there is a credible threat that government will step in if industry does not do a good job.”


Feds send message by fining Google

July 10, 2012

Professor Peter Swire was quoted in a POLITICO article about Google potentially being fined $22.5 million by the Federal Trade Commision.

“Previously, the consent decrees were mostly promises to be good in the future. Now the FTC has spanked someone,” Swire said.

 


In Manchester United’s I.P.O., a Preference for American Rules

July 10, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote an article for The New York Times DealBook as the Deal Professor.

He wrote in the article, which was about Manchester United filing to go public in the United States, “The soccer team has recently found a home for its stock in the United States. Manchester United filed the papers this month for its initial public offering on the New York Stock Exchange, and the Glazers are taking advantage of the country’s willingness to be more flexible when it comes to shareholder rights. Manchester United is proposing a corporate structure that would give the Glazers shares with 10 votes apiece. Public investors would receive one vote for each share.”


Amendment would put Ohio politics back on right path

July 8, 2012

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in The Columbus Dispatch in an article about Ohio’s redistricting amendment. The article also recognized him for backing Voters First Ohio, a coalition aiming to get district line-drawing not be done by partisan bosses.

“Everything we have done is to ensure we get fair district lines that aren’t biased in favor of any party or politician,” Tokaji said.


Judge faces six counts

July 8, 2012

Featured Expert: Arthur F. Greenbaum

Professor Arthur Greenbaum was quoted in a Dayton Daily News article about Judge Douglas Rastatter of the Clark County Common Pleas Court being charged with judicial misconduct.

“An isolated finding that a judge should have disqualified himself and did not is troubling (no one wants bias in the system), but often is not worthy of discipline,” Greenbaum said. “We all miss a judgment call on occasion. As to this charge, the compounding problem, in my mind, is the judge’s alleged lack of acceptance of the Supreme Court’s finding of bias.”


The Reality of the NYPD Patrol Guide Changes for Trans* and Gender Nonconforming People

July 6, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was referenced in an article by the Huffington Post about the New York Police Department following new guidelines in its patrol guide which prohibit discrimination or harassment based on perceived gender.

The article provided in comparision to the number of transgender people who go to prison, “Here in the United States, Ohio State law professor, Michelle Alexander says, ‘More African American men are in prison or jail, on probation or parole than were enslaved in 1850, before the Civil War began.’”

 


The Strange Takeover Limbo of CVR

July 5, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, as the Deal Professor, wrote an article for The New York Times DealBook.

In the article, which was about CVR Energy and Carl C. Icahn, Davidoff wrote, “Mr. Icahn’s battle to force CVR to sell itself ended with him entering into a novel arrangement with the CVR board. The company agreed to allow Mr. Icahn’s funds to make a tender offer to acquire the company at $30 a share.”


Preserving Money Market Funds Is Good for Corporate America

July 5, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff was mentioned in an ICI Viewpoints article, which examined an article he wrote as the Deal Professor for The New York Times DealBook about money market funds.

“If the SEC proposals go through, the money market fund industry would shrink to a shadow of its current size —and then what would happen to what Davidoff calls ‘the heart of corporate finance?’” the article noted. “In our view, it is far better for investors, for corporate America, and for the economy to have money market funds with higher investment standards than no money market funds at all.”


Chabot's shot at streetcar funding could hit other transit targets

July 5, 2012

Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in a Cincinnati.com article about Rep. Steve Chabot proposing to quit using federal funds for Cincinnati’s streetcar project.

“A ‘fixed guideway’ system includes lots of things other than streetcars, so if enacted the Chabot amendment would apply to all of them,” Huefner said of Chabot’s amendment reading funds from the act may not be used for the system.


Holder pushes back on contempt citation

July 5, 2012

Featured Expert: Peter M. Shane

Professor Peter Shane was on MSNBC’S “NOW with Alex Wagner” to provide some insight on Attorney General Eric Holder’s reaction to being held in contempt of congress.

“I think the precedent is going to be don’t hold contempt too quickly. It’s not just going to go unresolved until the election. It’s going to go unresolved until this congress goes out of business at the end of the calendar year,” Shane said of the impact on future congressional oversight.


Board Members Should Face Consequences

July 4, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote an article for The New York Times, in which he suggested board members should be considerate of shareholders.

“Regardless of whether they are primarily representing shareholders, directors need to be held responsible for each decision, if not liable. As it stands, directors are effectively immune from paying out of their own pocket for any successful civil suit arising from even the poorest and most reckless of decisions,” Davidoff wrote. “Criminal prosecutions are as rare as unicorns. Yet every kindergartner knows that without consequences, people are unlikely to act with appropriate care and deliberation.”


Abortion, gay rights, pot- ballot issues go up in smoke

July 3, 2012

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in The Cincinnati Enquirer in an article about ballot issues, including constitutional convention and redistricting, which Tokaji weighed in on.

“This is not a Democrat vs. Republican issue,” he said of redistricting. “This is an issue of we the people vs. the politicians.”


Advertising industry says they collect user data to protect us

June 29, 2012

Professor Peter Swire was the focus of a Death and Taxes Magazine article about his testifying in the Senate Commerce Committee’s hearing “The Need for Privacy Protections: Is Industry Self-Regulation Adequate?”

The article suggested Swire’s take was “astonishing” that “if the website and advertisers respected consumers’ desire for a Do Not Track standard, cybersecurity would be put at risk.” It also noted, “It’s a win-win relationship, and Mr. Swire said what both government and business never utter- they are in this together.”


Rockefeller Says He Doesn't Trust Industry to Regulate Itself on Privacy

June 28, 2012

Professor Peter Swire was quoted in a National Journal article which was also published on Nextgov.com. In the article, regarding U.S. Sen. Jay Rockefeller (D-W. Va.) supporting legislation to restore trust in self-regulating companies to protect online consumer privacy, Swire said, “Industry works a lot harder at this when government is paying attention.”


Rethinking ‘Tough on Crime’

June 28, 2012

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in The Crime Report in an article that analyzed criminal convictions and primarily California’s three-strikes law.

“Even as we’re seeing a nationwide movement to cut back on the most draconian mandatory minimums, it’s unlikely that we’ll see many of them taken off the books entirely,” Berman said. “There will be a draw toward mandating that folks who commit serious violent crimes serve a significant period of prison time.”


Privacy self-regulation efforts are working, senators told

June 28, 2012

Professor Peter Swire was quoted in a Computerworld article.

In the article, which was about online privacy protection, especially regarding Senator John Rockefeller’s push for legislation on the issue, Swire said of online companies, “The industry works a lot harder at this when government is paying attention."


Money markets are the new interbank markets

June 27, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff was referenced in a Reuters blog for his suggesting money-market funds might replace interbank markets.

The blog noted, “Davidoff says, the money-market industry’s argument basically comes down to saying that it’s important to make retail investors believe their money is secure, even when it isn’t. And that’s not the kind of argument that any regulator should have any time for.”


Issa challenges executive privilege

June 26, 2012

Featured Expert: Peter M. Shane

Professor Peter Shane was mentioned in a Columbia Daily Tribune article about house committee chairman Darrel Issa challenging President Barrack Obama’s claim of executive privilege over Attorney General Eric Holder being held in contempt of congress.

Issa requested documents from program Operation Fast and Furious. The article noted experts such as Shane “agree with the president's view that all executive branch documents are protected from disclosure.” It also noted, “(Shane) says executive privilege historically covers documents generated anywhere in the executive branch.”


Obama prepping thousands of lawyers for election

June 26, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Denver Post in an article regarding President Barack Obama’s campaign rallying thousands of lawyers to be on reserve for this year’s election due to rising legal disputes about the voting processn and, specifically, about new voter identification laws.

Foley said legal challenges are common before elections, but litigation has come much earlier this year. “We're in an era of increased litigiousness over the voting process," he said.


What's the Supreme Court Doing This Week? Proofreading, Mostly

June 26, 2012

Featured Expert: Christopher J. Walker

Assistant Professor Christopher Walker was quoted in a National Journal article about the Supreme Court preparing for its decision on the health care law, which came to a ruling June 28.

"It would be really surprising if there would be changes at this point — we’re three days away," Walker said. "It’s not like they’re changing their minds about how they are going to vote."


Money Market Industry’s Resistance May Hurt Companies

June 26, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote an article about money market funds for The New York Times DealBook as the Deal Professor.

“Money market funds hold about $2.6 trillion, a sizable sum but down sharply from the days before the financial crisis, when these funds held about $4.3 trillion,” Davidoff wrote. “The decline came after the Reserve Primary Fund, the nation’s oldest and largest money market fund with $64 billion, 'broke the buck' — in which the value of its shares fell below $1 — in 2008 in the wake of Lehman Brothers' bankruptcy. The fund had been left holding $785 million of Lehman’s debt.”


Obama Executive Privilege Fight With House Recalls Watergate

June 25, 2012

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a Boomerang Businessweek article. The article suggested President Barack Obama’s invoking executive privilege over House Republicans almost voting to hold Eric Holder in contempt of Congress is a reminder of the Watergate scandal. “The president is in quite a strong position,” Shane said.

He also touched on the House Government and Oversight Committee seeking documents about the Justice Department, which Holder said contained incorrect information. “The committee has not explained in very concrete terms why it needs the documents in dispute,” Shane said. “It’s not really clear why they’re pursuing these so strenuously.”


Obama Executive Privilege Fight with House Recalls Watergate

June 25, 2012

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a Bloomberg Businessweek article about President Obama's invocation of executive privilege in the matter of the U.S. House of Representatives voting to hold Attorney General Eric Holder in contempt.

“The president is in quite a strong position” legally, said Shane, a specialist in separation of powers law.


Democrats funding Turner challenger

June 24, 2012

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an article by the Springfield News-Sun. The article centered on Democrats financing Sharen Neuhardt in an effort to beat her opponent, incumbent Mike Turner, who is the five-time United States congressman for the 10th District of Ohio.

“I don’t think this is really a very competitive district, but it’s one of the closer ones we’ve got,” Tokaji said. “It’s one of the three closest (of 16 statewide), and that’s pathetic. There are basically no districts that are split down the middle between Republicans and Democrats.”


Wikileaks founder Julian Assange awaits word on request for asylum in Ecuador

June 22, 2012

Featured Expert: John B. Quigley

Professor John Quigley weighed in on Wikileaks founder Julian Assange’s request for asylum in Ecuador in a Public Radio International article.

Quigley said it is possible Assange could be extradited to the United States. “If he is sent to Sweden, it’s conceivable that the Swedish government could be asked by the United States for extradition, and that Sweden might agree to that request,” he said. “Ecuador is reliant on the United States in many ways. Economically, there’s quite a bit of leverage that the United States potentially has over Ecuador.”


Democrats, GOP Draw Lines in Eric Holder ‘Fast and Furious’ Contempt Battle

June 21, 2012

Featured Expert: Peter M. Shane

Professor Peter Shane was referenced in an article by The Daily Beast about President Barack Obama invoking executive privilege before the House Republicans voted to hold Eric Holder in contempt of Congress.

“House Republicans could potentially move to sue the administration in district court or subject Holder to its own civil arrest, but Shane called both scenarios extremely unlikely,” the article noted of Shane’s insight.


OVERNIGHT TECH: Republicans call for FCC reform in wake of indecency ruling

June 21, 2012

Professor Peter Swire was noted in The Hill in an article as being scheduled to be a witness in a follow-up hearing June 28 regarding the Federal Communications Commission’s procedure in fining ABC and Fox for broadcasting indecent content.


What we think: Obama’s next challenge: End the ‘drug war’

June 21, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was referenced by South Florida Times for her book The New Jim Crow: Mass Incarceration in the Age of Colorblindness. The article focused on President Barack Obama owing attention to America’s drug war, something which the book centers on.


News Alert: Does Illinois’ New Anti-Gang Law Unfairly Target Blacks And Latinos?

June 21, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander’s book The New Jim Crow: Mass Incarceration in the Age of Colorblindness was referenced in a News One article about an Illinois anti-gang law possibly favoring the incarceration of black people more than whites. Frank E. Watkins, press secretary for U.S. Rep. Jesse Jackson Jr., said he disagrees with the law since reading the book.


Why contempt case against Holder may be doomed

June 21, 2012

Featured Expert: Peter M. Shane

Professor Peter Shane wrote an article for CNN analyzing the possible results of the contempt case against Eric Holder.

“Whether or not the full House votes Attorney General Eric Holder in contempt, the likeliest resolution will be an informal settlement in which the Justice Department expands slightly on its current offer of disclosure, the committee narrows the range of documents it is demanding, or both compromise in a mutual, face-saving gesture. At least, that would be likely in politically ‘normal’ times,” Shane wrote.


Contempt of Congress: What?

June 20, 2012

Featured Expert: Peter M. Shane

Professor Peter Shane was referenced in an article by ABC News for his expertise in executive privilege. In the article, regarding Attorney General Eric Holder being the first member of the Obama administration held in contempt of Congress, Shane noted a standoff involving Republicans in Congress is a possibility.


Can America Reduce its Prison Population?

June 20, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander’s book The New Jim Crow: Mass Incarceration in the Age of Colorblindness was referenced in an article by The Crime Report. The article analyzed whether the United State could, in fact, downsize its prison population.


In Insider and Enron Cases, Balancing Lies and Thievery

June 19, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, as the Deal Professor, wrote an article for The New York Times DealBook about former chief executive Jeffrey K. Skilling being sentenced 24 years due to his conviction of 19 counts after the 2001 collapse of Enron.

“Until the financial crisis, Enron’s bankruptcy was viewed as Exhibit A of corporate crime and executives run amok. After trial that lasted months, Mr. Skilling was convicted of securities fraud, among other crimes. Judge Sim Lake sentenced him to the low end of the recommended sentencing range after Mr. Skilling expressed remorse, asserting that he was “innocent of these charges,” Davidoff wrote in the article, which was published online and in print by The New York Times.

“The sentence was viewed as harsh by a few commentators at the time, but for those who were victimized by Enron’s collapse and lost their jobs or life savings, Mr. Skilling got what he deserved.”


In Insider and Enron Cases, Balancing Lies and Thievery

June 19, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, as the Deal Professor, wrote an article for The New York Times DealBook about former chief executive Jeffrey K. Skilling being sentenced 24 years due to his conviction of 19 counts after the 2001 collapse of Enron.

“Until the financial crisis, Enron’s bankruptcy was viewed as Exhibit A of corporate crime and executives run amok. After trial that lasted months, Mr. Skilling was convicted of securities fraud, among other crimes. Judge Sim Lake sentenced him to the low end of the recommended sentencing range after Mr. Skilling expressed remorse, asserting that he was “innocent of these charges,” Davidoff wrote in the article, which was published online and in print by The New York Times.

“The sentence was viewed as harsh by a few commentators at the time, but for those who were victimized by Enron’s collapse and lost their jobs or life savings, Mr. Skilling got what he deserved.”


FP500: Private practice

June 19, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff was quoted in Financial Post Magazine in an article about exempt market trading’s effect on economic development.

“Why should only rich people be allowed to invest in pre-IPO Facebook?” Davidoff questioned about private stock trading negatively affecting public markets.


The new Jim Crow?

June 18, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander’s The New Jim Crow was referenced in a Baltimore Sun article about the NAACP and Maryland American Civil Liberties Union requesting the U.S. Commission on Civil Rights to examine the difference in convictions of African American and Hispanic men compared to white men.

“Rather than rely on race, we use our criminal justice system to label people of color 'criminals' and then engage in all the practices we supposedly left behind. Today it is perfectly legal to discriminate against criminals in nearly all the ways that it was once legal to discriminate against African-Americans. Once you're labeled a felon, the old forms of discrimination — employment discrimination, housing discrimination, denial of the right to vote, denial of educational opportunity, denial of food stamps and other public benefits, and exclusion from jury service — are suddenly legal," Alexander was quoted.


Supreme Court split over defendants’ rights to confront lab analysts

June 18, 2012

Featured Expert: Douglas A. Berman

Professor Douglas Berman weighed in on an article for The Washington Post about the Supreme Court revising the process which gives the right to criminal defendants to front concerns about crime-lab reports used against them.

In the article, Berman referred to the 98-page decision which took six months to reach as “a bloody mess.” Berman also said it was the best way to deal with prosecutors’ worries about the criminal justice system.


Dealing With the Facebook Lawsuits

June 18, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, as the Deal Professor, and Peter Henning wrote an article for The New York Times DealBook about Facebook filing a brief in response to more than 40 lawsuits filed against the company.

Davidoff wrote, “While this motion is standard when there are multiple lawsuits, the content is far from typical, as with many things about Facebook. The company seems to be using the motion to address some of the negative publicity cast on it about the I.P.O. by arguing that it disclosed everything it should have to investors, and the party really responsible for the precipitous drop in its share price was Nasdaq.”


Blessed after 40

June 17, 2012

Featured Expert: Steven M. Davidoff

The Columbus Dispatch included Professor Steven Davidoff in an article about Central Ohioans who are older than 40 celebrating their first Father’s Day. Davidoff and his wife Idit Jacques welcomed to their family twin daughters Orly and Nili June 2.

“I have a lot more perspective and awareness than if I had gone through this in my 20s, and that really has helped me through this,” Davidoff said. “It has made me see that my girls are such a gift and I’m so blessed.”


Data in transit encryption makes cloud storage better law enforcement target

June 13, 2012

Professor Peter Swire’s paper From Real-Time Intercepts to Stored Records: Why Encryption Drives the Government to Seek Access to the Cloud was referenced in a FierceGovernmentIT article.

The article, about date encryption and law enforcement, detailed that Swire wrote “major webmail providers such as Gmail and Hotmail now automatically encrypt emails. Law enforcement has traditionally relied on intercepting communications as they transit through a network, but encryption makes that increasingly ineffective.”


Encryption could drive government to break into your cloud

June 13, 2012

Professor Peter Swire’s paper From Real-Time Intercepts to Stored Records: Why Encryption Drives the Government to Seek Access to the Cloud was referenced in a NextGov article.

The article, about web encryptions posing difficulties for law enforcement, quoted from the paper, “Effective encryption is in the midst of becoming the default way that many communications occur on the Internet. … government access to communications thus increasingly relies on a new and limited set of methods, notably featuring access to stored records in the cloud.”


Anti-Terror Practices Transforming America into a Police State

June 12, 2012

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in an article on therealnews.com regarding anti-terror practices sprung since the terrorist attacks of Sept. 11, 2001, making the United States a “police state.”

“What seems to me to have been lost — or at least severely compromised — since 9/11 is a sense that government actors who violate civil liberties in the alleged name of national security ought to be held to account,” Shane said. “In the wake of FBI and CIA abuses during the Vietnam Era, we had the Church Committee investigation, which not only created a clear historical record of those abuses, but also laid the groundwork for what became the Foreign Intelligence Surveillance Act.”


Obama Housing Fix Faltered on Carrots-Not-Sticks Policy

June 11, 2012

Professor Peter Swire was quoted in a Bloomberg Businessweek article about President Barack Obama’s attentiveness toward the U.S. housing crisis.

“Getting the financial system to work was a huge priority,” Swire said of the 2008 financial crisis. “The vote on cram-down happened in that context.”


Legislatures group rips judge in Vt. nuke case

June 11, 2012

Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in an article by CBS Money Watch about Judge J. Garvan Murtha basing his ruling on a Vermont Yankee nuclear plant case on an excerpt from Vermont’s legislative record.

"Legislative record excerpts are neither an appropriate means of controlling legislative authority nor a reliable indicator of legislative motivation," Huefner said. "Rather, the relevant motivation is always best expressed in the statutory language itself, the only language to which both houses of the Vermont Legislature and the Governor have committed themselves."


Marijuana Should Be Decriminalized

June 7, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was quoted in a Time article about New York Gov. Andrew Cuomo’s stance for decriminalizing marijuana. Alexander said she supported decriminalizing the drug as well.

“I find it encouraging that Cuomo acknowledged the racial dimensions of these marijuana arrests and the lifelong consequences of acquiring a criminal record. Once you are branded a criminal, even for marijuana possession, that record follows you for life,” Alexander said. “It’s encouraging that Cuomo acknowledges how people of color have been subject to discriminatory enforcement, and a criminal record can relegate you to permanent second-class status. What I’d like to see is Cuomo go even further and call for the expungement of records for those who’ve been criminally charged with marijuana possession to ensure those who were ensnared before this likely policy change aren’t branded for life.”


U.S. Rep. Hastings says Florida's noncitizen voter purge is a 'backdoor poll tax'

June 7, 2012

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an article by PolitiFact.com regarding Florida voting rights, specifically about residents submitting proof of citizenship.

"If voters, as a practical matter, are required to spend money out of their own pocket -- even a relatively small amount -- in order to prove their eligibility and therefore vote, then it's functionally equivalent to the poll tax," Tokaji said.


Be wary of ad claims about health care law and brace for a wave of more: PolitiFact Ohio

June 5, 2012

Featured Expert: David A. Goldberger

Professor David A. Goldberger was quoted in an article by the The Plain Dealer regarding PolitiFact Ohio’s take on Obamacare advertising.

Goldberger said he expects the Supreme Court to make a decision on the law by the end of June. "The impact of the decision is going to be deafening," Goldberger said. "Once the court rules, the winning side is going to use it as an argument that the law is inherently good or bad. There's going to be an avalanche. We've only scratched the surface."


California's Proposition 8 case headed to U.S. Supreme Court

June 5, 2012

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in an article by the Orville Mercury-Register about California’s Proposition 8, which would eliminate the right of same-sex couples to marry, going to the United States Supreme Court.

"I do think there is pressure on the more conservative justices on the Supreme Court to get this issue heard and decided sooner rather than later," Spindelman said.

The article was also published on mercurynews.com.


Easing legally dubious sanctions would demonstrate good faith

June 4, 2012

Featured Expert: John B. Quigley

Professor John B. Quigley wrote an article for the Centre Daily Times. In the article, which regarded whether Iran will develop nuclear weapons, Quigley wrote about the 1968 Nuclear Nonproliferation Treaty.

“Under the treaty, existing nuclear powers are supposed to negotiate toward nuclear disarmament. But they have dallied,” Quigley wrote. “So the powers that developed nuclear weaponry early on are telling Iran it may not do the same.”


Digital Afterlife: What happens to your online accounts when you die?

June 1, 2012

Professor Peter Swire was quoted in an article on MSNBC’s Rock Center. The article is about the fate of online accounts after its administrators die, specifically in the case of the death of Benjamin Strassen and his Facebook account.

“Some evil prankster might pretend that a person is dead and try to take control of the account, so the online companies are understandably careful before they turn over the account to someone who says they run the estate,” Swire said.

The article was also referenced by the Daily Mail.


America's High Incarceration Rate Puts Justice at Risk

June 1, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was referenced in a US Politics Today article for her book The New Jim Crow.

The article, which was about the United States having one of the highest incarceration rates in the world, noted from the book “there were more African-American men under correctional control than were enslaved in the decade before the Civil War. More African-American men have lost their right to vote because of felony convictions than were prohibited from voting before the Constitution was amended to stop states from discriminating based on race.”

The article also ran on Digital Journal.


FCPA issues in China

June 1, 2012

Featured Expert: Daniel C.K. Chow

Professor Daniel Chow wrote an article for Morning Whistle, which was also published on ChinaLawBlog.

In the article, Chow raised concerns about the Foreign Corrupt Practices Act causing problems for multinational companies. “China’s rise as a global economic power and its culture, which tolerates many forms of corruption in business, indicate that many more FCPA cases involving China will rise in the future,” Chow wrote.


Letters: Look closely at how voter fraud happens

May 31, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley weighed in on an article in The Oshkosh Northwestern regarding voter fraud. Foley recommended using “electronic voting rolls” to prevent forgery.


Defense of Marriage Act unconstitutional, another federal court rules

May 31, 2012

Featured Expert: Marc Spindelman

Professor Marc Spindelman was referenced in a San Jose Mercury News article about a federal appeals court in Boston ruling the 1996 Defense of Marriage Act unconstitutional. The ruling followed several other cases regarding gay marriage, including California’s Proposition 8.

Spindelman said, “The Supreme Court may be inclined to ‘proceed incrementally,’ taking whichever case provides the narrowest first glimpse of the gay marriage question."


Proposed bill would protect workers' privacy

May 30, 2012

Professor Peter Swire was quoted in an article by The Marion Star regarding proposed Senate Bill 351, which would make it illegal for employers to view or request passwords for prospective or current employees’ online accounts.

Swire said the bill has the same principle as the federal Employee Polygraph Protection Act. "That's the idea that certain things are private, and you can be a good employee but you don't have to tell your boss what you really think in your heart," Swire said.


Bill prevents employers from accessing workers' online accounts

May 29, 2012

Professor Peter Swire weighed in on a Newark Advocate article about Senate Bill 351, which would make it illegal for employers to access employees’ online accounts or interactions, being introduced to the Ohio Statehouse.

"These laws are good," Swire said. "They send a clear signal to employers to keep out of the personal lives of your employees."


For Private Equity, Fewer Deals in Leaner Times

May 29, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote an article as the Deal Professor for The New York Times DealBook.

In the article regarding the difficulties private equity firms face with deals in the financial crisis, Davidoff wrote, “For the future barons of private equity, this means a world where they have less impact. Deals will be smaller, and their hedge fund brethren will reap the bigger publicity and fees.”


Management Buyouts Can Be Too Cozy

May 25, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, as the Deal Professor, wrote an article for The New York Times DealBook. In the article, which was about California oil company Venoco’s proposed $770 million management buyout, Davidoff wrote managers can plan a bid opportunity, so they pay a lower price.

Davidoff also wrote, “The company’s stock is at about $9.25 a share, well below the offer price, meaning investors are not confident shareholders will approve the deal. It also may be that the Venoco board has good reasons for agreeing to this deal. The board appeared to be well advised, and it followed governance rules.”


How to Fix the Fed: Dismiss Dimon, Boot the Bankers, and Can the Corporations

May 25, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff was referenced in a Huffington Post article about the Federal Reserve’s board members, specifically Jamie Dimon.

The article noted, “As Davidoff documents, the Fed is repeatedly bending or violating its own rules to prevent shareholders from exercising their rights to limit executive compensation or take action against underperforming or ethically-challenged executives.”


Summary Judgments for May 24

May 24, 2012

Featured Expert: Douglas A. Berman

Professor Douglas Berman's blog was referenced in a Thomson Reuters post about Ted Kaczynski, commonly known as the Unabomber, not attending his 50th reunion at Harvard University. Kaczynski submitted a lighthearted entry about his prison sentence to the University’s 1962 alumni report, drawing Berman's attention. The Moritz professor and sentencing expert questioned the appropriateness of finding the entry amusing.


Potential legal woes starting to pile up on Facebook IPO

May 23, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, as the Deal Professor, and Peter Henning wrote an article for The New York Times DealBook, which was also published in the Austin American-Statesman and The Zimbabwe Mail.

In the article, which was about Facebook’s initial public offering possibly becoming one of the most litigated offerings, Davidoff wrote, “At least three shareholder lawsuits have so far been brought against Facebook and the three leading underwriters of the IPO, Morgan Stanley, JPMorgan Chase and Goldman Sachs, alleging that Facebook failed to disclose material information about its growth prospects.”

 


Petition aims to amend Ohio redistricting

May 22, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was recognized in The Lantern for co-creating a petition to remap Ohio’s congressional districts without partisan bias.


Disclosure by Short-Sellers Would Improve Market Clarity

May 22, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote an article for The New York Times DealBook as the Deal Professor. The article, which was published online and in print by The New York Times, was about short-sellers’ effect on stock market value, including Herbalife’s value.

He wrote, “Short-sellers have a right to try to talk a stock down, just as much as other investors can try to talk a stock up. Yet when a public company is under fire, market manipulation is often the cry when there is short-selling. (In short sales, a trader borrows shares to sell, hoping they will fall before buying them back at a profit.)”

The article as also published on Progressive Voices.


Lawsuits involving Judge Hale are settled

May 21, 2012

Featured Expert: Sarah Rudolph Cole

Professor Sarah Cole was referred to in an article by The Columbus Dispatch.

The article, which was about two sexual assault lawsuits against Franklin County Environmental Judge Harland H. Hale being resolved, noted Cole began the mediation process April 27 and she “invested significant time and effort as a volunteer mediator and deserves credit for resolving (both cases).”


Timing of city council prayer stirs outcry

May 20, 2012

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in The Columbus Dispatch in an article regarding a pre-meeting prayer being taken off Mount Vernon City Council meeting agendas due to a complaint that the council was excluding atheists.

“Prayers to begin legislative sessions are generally constitutional because they are viewed less as moments of religious observance and more as a ceremonial attempt to establish the seriousness of this occasion,” Shane said.


Gabriela Compton Sentencing: Lawyer Weighs in on the Controversy and Our Prurience

May 17, 2012

Featured Expert: Douglas A. Berman

Professor Douglas Berman weighed in on a Phoenix New Times article about former Arizona middle school teacher’s aide Gabriela Compton receiving probation for sexual relations with minors.

Berman said the sentencing "reinforces my sense that adult females sexually involved with under-age boys sometimes get much more lenient sentencing treatment than similarly situated males."


Will the John Edwards case change campaign finance laws?

May 17, 2012

Featured Expert: Donald B. Tobin

Professor Donald Tobin was quoted in an Alaska Dispatch article that analyzed whether the John Edwards case will affect campaign finance laws.

“If we lived in a different world and this money had gone to a nonconnected valid (super PAC), there would be no problem here,” Tobin said of Edwards’ association with super PACs. “This was not express advocacy. … It’s not electioneering, and it doesn’t even feel like a campaign contribution.”

The article was also published by MinnPost.


Private equity and the campaign

May 15, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff was featured on a podcast by American Public Media. The podcast centered on Mitt Romney's favoring private equity. Davidoff said of the President Barack Obama attacking Romney’s ties to private equity, “Well it’s where the money is, right?”


China Flexes Its Regulatory Muscle, Catching Google in Its Grip

May 15, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, as the Deal Professor, wrote an article for The New York Times DealBook about China’s influence in Google’s proposed $12.5 billion acquisition of Motorola Mobility.

“In Europe and the United States, the expectation was that acquisition might face a high hurdle, given that Google faces broader antitrust inquiries there,” Davidoff wrote. “But those antitrust regulators signed off on the deal in early February, leaving China — Motorola Mobility’s second-largest market behind the United States, with $1.4 billion in revenue last year.” He concluded, “China is unavoidable."

The article was published online and in print by The New York Times.


This Week in Tech: Senate hearing could be debut for new FCC

May 14, 2012

Professor Peter Swire was noted by The Hill as being a part of a panel scheduled to examine briefings in the Congressional Internet Caucus Advisory Committee’s 2012 Government Policy Series titled “New Internet Privacy Legislation: What the White House, Federal Trade Commission and the European Commission are recommending.”


Jim Crow, Old Crow, Al Capone, and Richard Nixon

May 14, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander’s book The New Jim Crow: Mass Incarceration in the Age of Colorblindness was referred to on MedPage Today.

The article, which examined the “War on Drugs” declared by President Richard Nixon, noted Alexander argues in her book that the drug war is the new Jim Crow.


After $2 Billion Loss, Will JPMorgan Move to Claw Back Pay?

May 14, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote an article as the Deal Professor for The New York Times DealBook.

In the article, which questioned if JPMorgan Chase will implement its clawback policy because Ina Drew and two traders left the bank amid its $2 billion trade loss, Davidoff wrote, “Prior to the financial crisis, a clawback wasn’t really an option. Bank executives and other employees kept prior compensation, even if it turned out that they bore responsibility for their institution’s later billion-dollar losses.”

He also wrote, “We are about to see the first real test of the new post-financial crisis regime. Hopefully, Wall Street will do better this time.”


Students inspire, energize OSU hate crime task force to continue work

May 10, 2012

Featured Expert: Alan C. Michaels

Dean Alan C. Michaels was quoted in an article by The Lantern about the University forming a task force to combat hate crime on campus.

In the article, which noted Michaels as member of the task force, Michaels said, “I think the task force is a courageous effort to carry forward in moving OSU from excellence to eminence. … It’s great to be a part of a university that takes the issues of diversity and inclusion as seriously as OSU.”


Protesters, Shareholders Neutralized as Bank of America CEO Collects Millions

May 10, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff's article as the Deal Professor for The New York Times DealBook was referenced in an article by The Nation.

The article was about Bank of America’s CEO and quoted Davidoff as writing, “The Fed appears to prefer the management of poorly performing banks over those who want to run the banks’ operations better.”


From 'Cool To Criminal': A Warning For Internet Service Providers

May 10, 2012

Professor Peter Swire was quoted in an article on JD Supra about file sharing.

The article's headline was inspired by Swire's quote: “File-sharing service providers in the wake of the Mega Upload saga ‘have gone from cool to criminal all at once.’ ”


In Blocking Activists, the Fed Protects Poorly Performing Banks

May 8, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, as the Deal Professor, wrote an article for The New York Times DealBook about the Sitwell Group’s attempt to elect nominees to First Financial Northwest’s board of savings and loan. Davidoff gave his take on the Federal Reserve taking care of the situation.

“The Fed appears to prefer the management of poorly performing banks over those who want to run the banks’ operations better. To accomplish this, it is taking a bureaucratic view of its regulations, claiming in the case of First Financial that two of nine directors constitute control of the bank when it obviously doesn’t. Under Fed policies, even trying to start a proxy contest to force management change can subject a shareholder to bank holding company regulations,” Davidoff wrote.

The article was published online and in print by The New York Times.


Lessons From the Vulcan Materials Ruling

May 7, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, as the Deal Professor, wrote an article for The New York Times DealBook.

In the article about the Vulcan Materials Ruling, Davidoff wrote, “Historically, Vulcan has been more interested in a combination, but Martin Marietta (Materials) deferred any deal largely over issues related to chief executive succession. In the most recent iteration of the acquisition discussions, which began in 2010, the parties started negotiating under the assumption that Vulcan would be the acquirer. When the relative stock prices of the companies diverged and Martin Marietta’s became more valuable, it was Martin Marietta that became the natural acquirer, but Vulcan now demurred because it believed its stock was now undervalued.”


Summit Seeks Changes In Prison System

May 4, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was quoted by WLWT News 5 for her speech at The United By Faith Summit.

"So many of the old forms of discrimination that we supposedly left behind during the Jim Crow era once you've been labeled a felon," Alexander said. "We need to end the war on drugs."



 


Ignoring the Real Money in the Bank of America Lawsuits

May 4, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote an article as the Deal Professor with Peter J. Henning for The New York Times DealBook about Bank of America lawsuits.

“The shareholder cases largely comprise state law claims against the bank’s board and executives brought in the Delaware Chancery Court and the Federal District Court in Manhattan,” the article noted. “In those cases, the plaintiffs contend that the bank’s board breached its fiduciary duties by approving the acquisition and failing to try to terminate the deal based on Merrill (Lynch)’s poor performance in the fall of 2008. The plaintiffs also assert that board members failed to disclose the compensation to be paid at yearend to Merrill employees and failed to disclose Merrill’s interim and yearend results in a timely manner.”


End Racial Profiling Act: A Smarter Policy

May 3, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander’s book The New Jim Crow: Mass Incarceration in the Age of Colorblindness was referenced in an article by the Huffington Post for her highlighting that white Americans use and sell drugs but law enforcement is most suspicious of black and Latino males, who also are apprehended more than white males.


Put To Death For Being Black: New Hope Against Judicial System Bias

May 3, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was referred to in a Time article.

The article, which was about racial bias used in administering the death penalty, noted Alexander equated the 1987 McClesky v Kemp case to Plessy v Ferguson.


Walking Away From Merger Deals

May 2, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote an article for The New York Times DealBook as the Deal Professor. In the article, which centered on Gores Group potentially turning down a $1 billion buyout of Pep Boys, Davidoff wrote the case is the “first significant postcrisis claim by a private equity firm in a public deal.”

He also wrote, “I would not be surprised if Pep Boys tries to bring this to a head before the 30-day period Gores requested is over. Ultimately, though, any litigation is really a dispute about whether Pep Boys receives nothing or $50 million in case the deal is terminated. There is still the possibility that Gores will try to renegotiate the deal.”


Wall Street Gives the Fed an Earful on Counterparty Credit Limits

May 2, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff was referred to in an American Banker article for his writing as the Deal Professor for The New York Times DealBook.

The article, regarding the meeting of financial services CEOs to argue against limiting banks’ exposure to one another, touched on Davidoff’s thoughts about a recent shareholder protest that "are more likely to dissipate once the media attention surrounding them dies down." The article also noted Davidoff argued, “The investor revolts at Barclays, Citi and Chesapeake Energy say more about those companies' egregious practices than the prevailing mood among investors.”


Summary Judgments for May 1

May 1, 2012

Featured Expert: Christopher M. Fairman

Professor Christopher Fairman was referenced in a Thomson Reuters post regarding a curse word which has appeared in Supreme Court decisions. Fairman was noted as being a scholar in “taboo language” and author of a 2007 law review article on the subject titled, "Fuck."


Furor Over Executive Pay Is Not the Revolt It Appears to Be

May 1, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, as the Deal Professor, wrote an article for The New York Times DealBook about shareholder protests at Barclays, Citigroup, and Chesapeake Energy over excessive executive pay. The article was published online and in print by The New York Times.

“These are all old reasons that pay continues to spiral upward, but recent events don’t change anything. The best we are going to get, even in egregious cases, is a few apologies and tweaks,” Davidoff wrote. “Let’s see what these companies do once the rage fades in a few years. Citigroup’s board has yet to announce any compensation changes.”


A Word Heard Often, Except at the Supreme Court

April 30, 2012

Featured Expert: Christopher M. Fairman

Professor Christopher Fairman was referred to in an article in The New York Times for his 2007 article "Fuck," which was published in The Cardozo Law Review.


Panels created to quell controversy

April 28, 2012

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in a Washington Examiner article about a three-judge panel formed for sentencing a recent drunk driving case in Maryland.

"There's some value in having a panel double-check whether that's not just permissible, but a good judgment," Berman said of review panels correcting extreme sentences.


Should U.S. intervene militarily in Syria? No

April 27, 2012

Featured Expert: John B. Quigley

Professor John Quigley wrote an article for The Columbus Dispatch in which he argues the United States military should not intervene in Syria.

“Any effort will have more credibility if the United States is in the background. But a recent assessment by the Obama administration concluded that the United States would have to be at the center of any military action, because of the technological capacity it could bring to bear,” Quigley wrote.


McEwen—professor, dean, mentor—retires after 30 years

April 27, 2012

Featured Expert: Nancy Hardin Rogers

Professor Nancy Rogers was quoted in a The Bowdoin Orient article about Craig McEwen retiring after a 30-year tenure as a sociology professor at Bowdoin College. Rogers co-authored a book with McEwen.

"In his conversations, it is always clear that he puts students and teaching first," said Rogers. "He'll never agree to a project or schedule a scholarly meeting that will shorten his time with students."


(Video) The U.S. Justice System, class and shades of color: the new Jim Crow?

April 26, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander appeared on All Voices’ Democracy Now! for her expertise on race relations and authoring The New Jim Crow: Mass Incarceration in The Age of Color Blindness.

“I think we’ve become blind in this country to the ways in which we’ve managed to reinvent a caste-like system here in the United States,” Alexander said.


Minnesota's election system after two recounts

April 25, 2012

Featured Expert: Edward B. Foley

Professor Ned Foley weighed in on a MinnPost article about Minnesota’s election system and its tendency to recount votes.

In the article, which reported Foley’s participation in a panel of election experts at the University of Minnesota’s Humphrey School, Foley commended Minnesota’s ability to recount and produce results that “had legitimacy” and “deserved public respect and trust.”


9 OSU professors receive Distinguished Teaching award

April 24, 2012

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in an article by The Lantern for being recognized as one of nine professors at the University receiving the 2012 Alumni Award for Distinguished Teaching.

“I work very hard every year to try to become better at teaching and to try to make sure students are essentially getting their money’s worth when they are sitting in the classroom or when they are coming to talk to me after class,” Simmons said. “I’ve won teaching awards from the law school before which obviously mean a lot, but for the university to have so many great teachers and so many faculty members overall, to win this award on a university wide (scale) really is the greatest honor I could have.”


Fraud Heightens Jeopardy of Investing in Chinese Companies

April 24, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote an article for The New York Times DealBook as the Deal Professor.

In the article, which was about fraud on behalf of ChinaCast Education Corporation and SinoForest Corporation jeopardizing investing in Chinese companies, Davidoff wrote, “Here lies the ultimate lesson. An investment in Chinese companies is really an investment in the people who run these companies. While some, if not most, of these executives are well intentioned, there seems be a lot of suspicious activity out there.”

He ended with a piece of advice: “For American investors, it may be that the risks are worth the potential gains in investing in China, but don’t say you haven’t been warned.”


Hale urged to pursue mediation

April 21, 2012

Featured Expert: Sarah Rudolph Cole

Professor Sarah Cole was mentioned in The Columbus Dispatch in an article about Common Pleas Judge Richard A. Frye ordering the parties in three lawsuits to take the mediation process seriously. The lawsuits involve Franklin County Environmental Court Judge Harland H. Hale, and Frye admonished attorneys on both sides for being overly combative before ordering them to work with Cole, director of the Moritz’s Program on Dispute Resolution.


Bias Law Used to Move a Man Off Death Row

April 20, 2012

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in articles in The New York Times and the San Jose Mercury News regarding North Carolina’s Racial Justice Act. The act allows defendants and death row inmates the right to present evidence that racial discrimination played roles in their death sentences.

"In a weird way, this ruling vindicates critics of racial justice acts, because they tend to say when we start opening up old cases it will be too easy for the defense bar to prove some kind of racial injustice and therefore stop the death penalty altogether," Berman said.


Moving too fast on cybersecurity

April 20, 2012

Professor Peter Swire wrote an article for The Hill about Congress' fast-paced actions toward cybersecurity.

“The cybersecurity bills before Congress are not likely to significantly improve cybersecurity, might actually undermine it while impeding technological innovation and could pose serious threats to long-established privacy and civil-liberty protections,” Swire wrote.


America Loves to Watch Its Too-Big-Too-Fail CEOs Squirm

April 20, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff's column, "Citigroup Has Few Options After Pay Vote" was quoted by TIME Business.

“Citigroup is such a big target, the chances of it escaping such a suit are very low unless Mr. Pandit gives back all of this compensation. But I suspect that Mr. Pandit will not be in such a generous spirit," Davidoff wrote.
 


Is Citi's Failed Say-On-Pay Vote a Sign of the Times?

April 20, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff's column, "Citigroup Has Few Options After Pay Vote" was quoted by another column on Law.com.


The Escalation in Hostile Takeover Offers

April 20, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, as the Deal Professor, wrote a column for The New York Times DealBook on the recent flurry of companies attempting hostile takeovers of other firms.

"It’s a surprising development considering that some prominent investment bankers in mergers and acquisitions were predicting their demise after Air Products’ yearlong failure to acquire Airgas. These bankers argued that hostile offers were just too difficult to pull off," Davidoff wrote.


Giving Shareholders a Voice

April 19, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff's column, "The Case Against Staggered Boards," was referenced in another column in The New York Times DealBook in regard to proposals urging companies with a staggered board, which allow shareholders to replace only a few directors each year, to place all board members up for election every year.


States Selling Prisons -- Including Inmates -- to Private Industry

April 19, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was mentioned in a column by OpposingViews.com on states selling their prisons.

"This is just the latest episode in the decades-long takeover of the prison industry by private interests. Reagan's 'tough on crime' policies, as Michelle Alexander has written, caused spiraling incarceration rates, which in turn spawned a cottage industry of prison management companies looking to make a buck off the influx of inmates. CCA, for instance, has watched revenues grow by 500% in the past two decades," the article reads.


Kony 2012 plans to ‘cover’ the city

April 18, 2012

Featured Expert: John B. Quigley

Professor John Quigley was quoted in an article in The Lantern about the credibility of a video against the African child soldier crisis titled “Kony 2012 Part II: Beyond Famous.”

“The video appears aimed more at organizing viewers through an emotional appeal. That said, there is good reason to accept the proposition that the LRA has committed atrocities as alleged in the film,” Quigley said.


DEALBOOK; In Judging Hostile Bids, Look at How Recent Targets Fared

April 18, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, as the Deal Professor, wrote an article for The New York Times DealBook. An examination of hostile takeover bids, the article touched on targets such as Shares of Airgas, Air Products & Chemicals, Potash Corporation of Saskatchewan, and Casey’s General Stores.

“Companies that have prospered by spurning offers and remaining independent usually have a strong, informed board that is willing to stand up to both its chief executive and a hostile raider,” David off wrote.


Why Citigroup Will Likely Be Sued Over Vikram Pandit’s Pay

April 18, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff's column in The New York Times DealBook was quoted by CNBC.com in an article discussing the likelihood of Citigroup being sued over CEO Vikram Pandit's pay, which was rejected by shareholders.

Davidoff wrote: "Citigroup may also face litigation. In a number of other cases, shareholder plaintiffs’ lawyers have sued after votes rebuffed pay packages, claiming that the board of directors breached its fiduciary duties or wasted corporate money by ignoring shareholders and paying excessive compensation.

"Citigroup is such a big target, the chances of it escaping such a suit are very low unless Mr. Pandit gives back all of this compensation. But I suspect that Mr. Pandit will not be in such a generous spirit."


In Judging Hostile Bids, Look at How Recent Targets Fared

April 17, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, as the Deal Professor, wrote a column that appeared in the national edition of The New York Times about the success of companies warding off hostile takeover bids. Davidoff dicusses Illumina's looming shareholder vote on whether to replace Illumina's board with nominees proposed by Roche Holdings of Switzerland.


Disabilities Act Prompts Flood of Suits Some Cite as Unfair

April 16, 2012

Featured Expert: Ruth Colker

Professor Ruth Colker was quoted by The New York Times in an article about lawyers looking for obstacles facing the disabled or businesses not in compliance with the Americans With Disabilities Act and then recruit clients who often do not have an existing complaint. Lawyers receive payment for their fees from businesses in violation of the act.

Colker, who specializes in disability law, said the lawsuits were an effective enforcement strategy. “It would be really be impossible for people to find a lawyer if there was no way for lawyers to get paid,” she said.


How Can Overcharging Be Ethical?

April 16, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was quoted from her book The New Jim Crow in a column on Reason.com discussing the charges filed against George Zimmerman by the prosecutor in the Trayvon Martin case.

The author argues that the prosecutor is overcharging Zimmerman without the threat of being sued. He uses Alexander's quote as evidence.

"Alexander also observes that a prosecutor 'is free to dismiss a case for any reason or no reason at all.' This wide discretion, she writes, makes the prosecutor 'the most powerful law enforcement official in the criminal justice system.'"


New Share Class Gives Google Founders Tighter Control

April 13, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, writing as the Deal Professor for The New York Times DealBook, wrote a column about Google's new share class. The tech company created a nonvoting share class in order to give its founders tighter control of the company. They did this, they said, in order to "focus on the long term."

Davidoff said this could create a pattern: "In the meantime, one thing is certain. The clear trend in technology companies is to deny shareholders this choice and a real vote. In other words, expect more Google followers."


Obama Hasn’t Reformed Criminal Justice—Could Romney Do Better?

April 13, 2012

Featured Expert: Douglas A. Berman

Professor Doug Berman wrote a column for The Daily Beast on whether Mitt Romney would be a better candidate for a reformed criminal justice system than incumbent President Barack Obama.

"Without having to do any major Etch a Sketching, Romney could embrace what Right On Crime calls the 'conservative case' for criminal-justice reform," Berman wrote.


Devaluing boys’ lives

April 13, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander's book, The New Jim Crow, was quoted in a column in The Washington Post in the wake of the Trayvon Martin killing. According to the column and Alexander, "of the nearly 700,000 'stop and frisks' conducted by police in New York last year, 87 percent of the people stopped were black or Hispanic. Yet only about 12 percent of the stops led to arrests or summonses."

"High rates of arrest, incarceration and unexplained stops by police," Alexander said, "send the message to young black men that no matter who you are, what you do, whether you play by the rules or not, you’re going to be viewed and treated like a criminal, and you’re likely to wind up in jail one way or another.”


The Incredible, Magically Metamorphosing Taxpayer-Subsidized Executive Perk

April 12, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff was quoted by EconoMonitor.com in a column discussing executive perks. According to the article, some high-level executives have found a way to get taxpayers to subsidize the cost of luxuries, such as private jets.

“If an outside security consultant determines that executives need a private jet and other services for their safety, the Internal Revenue Service cuts corporate chieftains a break. In such cases, the chief executive will pay a reduced tax bill or sometimes no tax at all," Davidoff wrote in his column for The New York Times DealBook. “Even when tax is due, the company sometimes takes care of it.”


Confusion over Ohio voting prompts call for moratorium on election laws

April 12, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji, an expert in election law, was quoted by Examiner.com in an article discussing the complexity of Ohio election laws.

Tokaji, along with the League of Women Voters, believes that a moratorium is in order.

"I agree with the LWV. I think the Ohio Legislature has caused enough voting problems over the past year or so. They should give the people a chance for a thumbs up or thumbs down vote on the voting restrictions the Legislature decided to impose last year," he said.
 

Students React to Charges

April 11, 2012

Featured Expert: Sharon L. Davies

Professor Sharon Davies was interviewed by Columbus ABC affiliate Channel 6 after charges were filed against George Zimmerman in the Trayvon Martin killing case.


UBB civil suit 'unusual,' Ohio State law professor says

April 11, 2012

Featured Expert: Christopher M. Fairman

Professor Chris Fairman was quoted in the West Virginia newspaper The State Journal in an article pertaining to the civil suit brought against Massey Energy officials for a miner's death in the Upper Big Branch explosion. The lawsuit hinges on allegations of emotional damage and not wrongful death.

"This is an unusual lawsuit in several ways," said Fairman. "After a devastating mine disaster, you would expect wrongful death lawsuits to be filed against the company for negligent acts. In the most egregious cases of corporate negligence, an individual officer of the corporation might be sued personally if the officer participated in the tortious acts."


Employers request password access to Twitter, Facebook profiles

April 10, 2012

Featured Expert: L. Camille Hébert

Professor Camille Hébert was quoted in The Lantern in an article discussing the legality of employers requesting their employees' Facebook login information.

Hébert said that while the law is "always, always" behind on technology and a ruling may not be made any time soon, she believes it is unethical for employers to ask for that type of information.

“Most employers have no business to ask,” she said.


Tough choice looms for Florida prosecutor in Trayvon Martin shooting death

April 10, 2012

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in The New York Times in an article discussing the decision facing  Angela B. Corey, the Florida state attorney in the Trayvon Martin case.

"It's inevitable whatever she chooses to do will be subject to questioning and potential attack if the choices don't fit a particular group's narrative vision of what took place," Berman said.


For Some Corporate Chiefs, Private Security Is a Tax Break

April 10, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote an article that appeared in the April 11 national edition of The New York Times as the Deal Professor about the corporate tax trick employed by the directors of some corporations.

"...directors often dole out personal safety perks to ease a chief executive’s tax bill. By classifying the benefits as security measures, the executives typically get a better tax treatment on the services," he wrote.


Law Firm of Goldman & Braunstein, LLP Introduces New Resource Website for Ohioans Affected By the ATEX Enterprise Pipeline

April 9, 2012

Featured Expert: Michael Braunstein

Professor Michael Braunstein was quoted in an article on DigitalJournal.com discussing his firm's launch of a new website to educate and protect the rights of Ohioans affected by the 1,230-mile Appalachia-to-Texas (ATEX) Enterprise pipeline project.

“EnterprisePipelineResults.com provides Ohio property owners with a comprehensive resource and single access point for information about the ATEX Enterprise Pipeline project, empowering them to protect their land and get fair compensation,” Braunstein said.
 


A vote against death penalty

April 6, 2012

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in an article on Philly.com by the Associated Press discussing the Connecticut Senate's vote to repeal the death penalty.

Berman was quoted as saying the possibility of punishing the innocent is the biggest factor in states' decisions to rethink capital punishment.

"That has the most profound and enduring resonance as an argument and one that can never be pushed back," Berman said.


Collaborative law nears maturity

April 6, 2012

Featured Expert: Christopher M. Fairman

Professor Christopher Fairman was quoted in The Lawyers Weekly in an article on collaboritave law practice in alternative dispute resolution.

“Collaborative law is without question the fastest-growing form of alternative dispute resolution in North America,” he said. “It didn’t exist as a distinct practice until the early 1990s. In twenty years, it has spread literally throughout the world.”


Ohio State clinic pairs budding lawyers with aspiring business owners

April 6, 2012

Featured Expert: Charles Lee Thomason

Professor Lee Thomason and the Entrepreneurial Business Law Clinic at The Ohio State University Moritz College of Law were featured in a Business First article. In addition to interviewing students and the heads of startups who participated in the new clinic soon after its launch, Thomason shared why the transactional experience gives Moritz students an edge over other law school students when going on job interviews.

“It’s your ability to express opinions and show work that you’ve done,” Thomason said. “It’s who you are and what you can do. Most interviewers are asking themselves, ‘If he worked for me today, could he help me or do I have to show them everything?’ ”


Google Glasses: Will You Want Google Tracking Your Eyes?

April 5, 2012

Professor Peter Swire was quoted in an article by ABC News discussing the implications of Google's newly revealed foray into wearable technology, Project Glass. It takes the form of glasses for users to wear and augment reality, such as receiving the weather report by looking toward the sky.

Swire said he is worried about the potential of advertisements embedded into the technology as well as the tracking policies.

 “Advertising won’t skip this platform, but there will be ongoing battles about how pervasive the ads will be and how users will turn them off," Swire said.

“Will Google Glasses use the same all-or-nothing approach?” Swire asked. “We have got ‘Do not Call’ and ‘Do not Track;’ we will see if we get ‘Do not See.’”


Other states offer clues on how voter ID would work in Minnesota

April 4, 2012

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article by Minnesota Public Radio pertaining to voter identification laws in that state. Minnesota is set to vote on an amendment to the state constitution in November to decide whether the voter IDs will be required.

The impact of the amendment is not yet known. Foley said initially the law would allow more people to vote, but the process would work better in theory than in practice because voters typically don't prove their identity after the election is over.

"That right very rarely gets exercised by voters," Foley said. "They watch the news at night, victory is declared for one candidate or another, or they don't have time to do it."


In court, color still matters

April 3, 2012

Featured Expert: Martha Chamallas

Professor Martha Chamallas's work was referenced by a column in the Tampa Bay Times speaking about the race and gender bias in the legal system.

Chamallas had concluded that race- and gender-based tables result in significantly lower awards for minority men and women.


Districts’ spring breaks will no longer match OSU’s

April 2, 2012

Featured Expert: Charles E. Wilson

Professor Charlie Wilson was quoted in The Columbus Dispatch  in an article dicussing the no-longer aligned spring breaks of The Ohio State University and surrounding school districts. Wilson, a Worthington school board member, is a proponent for keeping the breaks aligned. He said when the breaks were not aligned a few years ago, it made some families less likely to move to the area.

“For some families, spring break is a valuable, important family occasion,” said Wilson. “I know for a fact (having a different spring break) made (Worthington) less attractive to OSU employees."


What’s Behind Coty’s Teddy Bear Hug?

April 2, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote an article for The New York Times DealBook as the Deal Professor about Coty Group’s proposal to acquire the Avon Group for $23.25 a share in a transaction valued at roughly $10 billion.


From Congress, a Law Befitting a Sausage Factory

April 1, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote a column published in the April 4 national edition of The New York Times DealBook as the Deal Professor about the JOBS Act and its effectiveness in creating new jobs.


'Stop locking up young black men'

March 30, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was quoted by the BDA Sun in an article previewing her visit as a keynote speaker at a weekend conference organized by Citizens Uprooting Racism in Bermuda. The article said Alexander would discuss the relationship between the drug war in the United States and its effect on the justice system.

“What I want to share with people in Bermuda is the importance of not following the U.S. example and having a much more caring, constructive and compassionate way of dealing with people, rather than locking them up and throwing away the key,” Alexander said.


'ObamaCare' and the Supreme Court: An inside look at what's next

March 29, 2012

Featured Expert: Christopher J. Walker

Professor and former Supreme Court clerk Chris Walker was interviewed on On The Record w/ Greta VanSusteren about the upcoming Supreme Court decision on the constitutionality of the federal health care law.

"So tomorrow, the Justices are going to conference. It's a private conference with just the Justices at which they'll cast a preliminary vote, a straw vote," Walker explained.


Decisions, Decisions: How Will Justices Make Them?

March 28, 2012

Featured Expert: Christopher J. Walker

Professor and former Supreme Court clerk Chris Walker was interviewed on National Public Radio about the upcoming Supreme Court decision on the constitutionality of the federal health care law.

"So they'll meet - I think Friday they have a conference shortly after arguments and they go around the table and say which way they would vote and why. Each justice will express his or her view on how the case should be decided," Walker said. "And then, from there, they'll, you know, decide based on who's in the majority. The most senior justice will assign that opinion to one of the other justices or to himself and the majority."


Ohio might pursue Stand Your Ground legislation

March 27, 2012

Featured Expert: Joshua Dressler

Professor Joshua Dressler was quoted in an article by the Coschocton Tribune regarding Ohio possibly implementing Stand Your Ground legislation. Dressler said the law is dependent on a state’s definition of a “reasonable’ threat.

Dressler said “you should never use deadly force unless absolutely necessary.”


Trayvon Martin’s death a broader issue of race

March 27, 2012

Featured Expert: Robert L. Solomon II

Robert L. Solomon weighed in on an article in The Lantern about racial stereotyping and Florida’s Stand Your Ground Law, specifically in regard to the Trayvon Martin case.

“We need a criminal justice system that does not disparately impact racial and ethnic minorities as well as the poor and a society that values every human life, and refuses to tolerate the mistreatment of any person regardless of their status,” Solomon said.


Law grads: lots of debt, few jobs

March 26, 2012

Featured Expert: Alan C. Michaels

Dean Alan C. Michaels was quoted in an article by the Columbus Dispatch that suggested this year’s 16 percent drop in people taking the LSAT was due to law school debt and fewer jobs available for law students.

“Right now, Ohio State has the most strongly credentialed student body in the history of the law school, and they are graduating and going out there and making a difference,” Michaels said.


Out of Their Depth

March 24, 2012

The Nation quoted Professor Peter Swire for his time as an economic official to President Barack Obama’s transition team after the inauguration. The article was about the economic team’s approach to the housing crisis.

“Housing was 30 months in the hole when Obama was elected,” Swire said. “The first goal was to stabilize.”


Weighing the Arguments For and Against Staggered Boards

March 23, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff was quoted for his writing as The New York Times Deal Professor in an article on law.com. The article, which was about staggered boards, quoted Davidoff, “Companies are acting to adopt a staggered board before shareholder pressure comes to bear.”


Partners in the Freedom Struggle

March 23, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander’s book The New Jim Crow: Mass Incarceration in an Age of Colorblindness was referenced in an article on Counter Punch regarding why nonviolent activists should follow John Brown.


Incarceration in America: Barriers to Re-entry

March 22, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander talked on The Take Away about incarceration in America, specifically about what happens to inmates after their release from prison.


You consent to a search if a camera sees you? Facial Recognition vs 4th Amendment

March 22, 2012

Professor Peter Swire was quoted by Network World for his speaking on facial recognition as a senior fellow at The Future of Privacy Forum. Swire said, “Constant biometric surveillance such as facial recognition technology may also ‘lead to discrimination.’”


Trayvon Martin and the Myth of the ‘Criminalblackman’

March 22, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander’s book The New Jim Crow: Mass Incarceration in an Age of Colorblindness was referenced in an article on Urban Life. The writer, a college professor, cited 22 statistics from the book he presenting to his class.

“White young people have three times the number of drug-related emergency room visits as do black youth,” was one of the statistics.

 


The GOP Assault on the Voting Rights Act

March 21, 2012

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an article in The Nation about the Department of Justice denying preclearance to a Texas law requiring, under Section 5 of the Voting Rights Acts, voters to present photo identification.

“Because Texas ID requirement would apply to federal elections, we don’t even need to get into the question of whether Section 5 falls within Congress’s Fourteenth and Fifteenth Amendment power,” Tokaji said.


Protecting pregnant women in the workplace

March 19, 2012

Featured Expert: Ruth Colker

Professor Ruth Colker was quoted in an article by The Middletown Journal. In the article, which regarded pregnant women being penalized at work for their pregnancy, Colker said pregnancy is not a protected condition on its own despite some conditions caused by pregnancy being protected by the Americans with Disabilities Act.


Buying A Political Ad? Let A SuperPAC Foot The Bill

March 16, 2012

Featured Expert: Donald B. Tobin

Professor Donald Tobin weighed in on a National Public Radio article about the effects of super PACs on the 2012 GOP campaign, especially in regard to TV advertising. The article also ran online on Vermont Public Radio.

Tobin said, "One of the things that I think political scientists are going to look at is — is there a saturation point where you know there's just a law of diminishing returns ... you've reached everybody and they know your message and so shouting louder and longer doesn't necessarily help."


Fortress Gains in Servicing Market as BofA Retreats: Mortgages

March 14, 2012

Professor Peter Swire was quoted by Bloomberg News in an article on the topic of Fortress Investment Group LLC taking Nationstar Mortgage Holdings Inc. public.

“The big players are already thinking about the new capital rules kicking in, and that creates an incentive to shrink their market share,” Swire said.


In Private Equity I.P.O., a Shareholder Fear of Losing Favor

March 13, 2012

Featured Expert: Steven M. Davidoff

As the Deal Professor, Professor Steven Davidoff wrote an article for the New York Times DealBook about the Carlyle Group struggling to get a public offering for the private equity firm.

“Shareholders appear to be an afterthought. In the case of Carlyle, public investors have no say in Carlyle’s management and no vote. The other firms take similar stances,” Davidoff wrote.

The article was also published on Progressive Voices.


How Criminal Defendants Could Crash and Reform the System: Band Together and Refuse Plea Bargains

March 12, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was referred to in an American Bar Association Journal article for her book The New Jim Crow: Mass Incarceration in the Age of Colorblindness.

In the article, which touched on former crack addict Susan Burton’s suggestion to accept plea bargains, it noted Alexander wrote, “The system of mass incarceration depends almost entirely on the cooperation of those it seeks to control … If everyone charged with crimes suddenly exercised his constitutional rights, there would not be enough judges, lawyers or prison cells to deal with the ensuing tsunami of litigation.”


Akst: Government should get off pot's back

March 11, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was referred to in a Newsday article for her book The New Jim Crow: Mass Incarceration in the Age of Colorblindness.

The article was about legalizing marijuana and it provided Alexander said in a 2010 speech, “(Drug convictions) accounted for about two-thirds of the increase in the federal system, and more than half of the increase in the state prisons, between 1985 and 2000."


Go to Trial: Crash the Justice System

March 10, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander penned an opinion piece for The New York Times about what would happen if those charged with crimes did not accept plea deals and went to trial.

"After years as a civil rights lawyer, I rarely find myself speechless. But some questions a woman I know posed during a phone conversation one recent evening gave me pause: 'What would happen if we organized thousands, even hundreds of thousands, of people charged with crimes to refuse to play the game, to refuse to plea out? What if they all insisted on their Sixth Amendment right to trial? Couldn’t we bring the whole system to a halt just like that?' "


College professor makes case for end to drug war

March 8, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was quoted in a South Florida Times article fixed on her book The New Jim Crow: Mass Incarceration in the Age of Colorblindness.

“To a very large extent, it has not been a war on drugs — the substance — but a war on people defined by race and class,” Alexander told the newspaper. “We’re seeing families torn apart by mass incarceration and hopelessness and despair; lives are being destroyed and kids are growing up not knowing their parents.”


IRS May Make Political Groups Pay Dearly for Keeping Donors Secret -- And Out Them

March 8, 2012

Featured Expert: Donald B. Tobin

Professor Donald Tobin was quoted in a Huffington Post article about the IRS investigating whether Tea Party organizations and perhaps political groups actually qualify for tax exemptions under the 501(c) (4) designation.

"The idea is to get the proper information from the organization so you can make the proper decision," Tobin said.


Michelle Alexander Challenges Drug Policy’s Racial Undertones

March 7, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was mentioned in a NewsOne article for her book The New Jim Crow: Mass Incarceration in the Age of Colorblindness.

“Alexander’s book has created a necessary debate on how drug law enforcement has allegedly targeted Blacks and Hispanics, forcing the greater public to consider why these groups continue to swell in prisons across the nation,” the article noted.


Tool Available to Law Firms Compares Judge-by-Judge Sentencing Patterns

March 7, 2012

Featured Expert: Douglas A. Berman

A comment on Professor Douglas Berman’s Sentencing Law and Policy blog was referred to in an American Bar Association Journal article.

In the article, which was about the Transactional Records Access Clearinghouse tool comparing judge-by-judge sentencing patterns, it noted the commenter wrote, “The data is extensive and should provide academics with a great resource. However, the Sentencing Commission data would be more detailed. The cat, as they say, is now out of the bag. There is no longer any reason for the Sentencing Commission not to release judge-specific data.”


Redistricting: Litigation common, current cycle unique in Wisconsin

March 7, 2012

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a State Bar of Wisconsin article about redistricting litigation in Wisconsin

“Independent commissions have the ability to draw fair lines without regard to their partisan effects,” Tokaji said. “It’s not a perfect model, but it certainly creates a starting point for those interested in reforms.”


Ending the R-word: Ban it or understand it?

March 7, 2012

Featured Expert: Christopher M. Fairman

Professor Christopher Fairman was quoted in a CNN article which shed light on the demean of the word “retard.”

"By focusing on the word itself, you reinforce the negative connotation and actually strengthen the taboo," Fairman said. "The focus should be on the acceptance and inclusion of people with intellectual disabilities. This breaks down the cultural taboo that creates word taboo in the first place."

The article was also published on Local 10 News.


Law Prof’s Popular Book Argues Drug War Is a System of Racial Control

March 7, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was referenced in an American Bar Association Journal article which centered on her book The New Jim Crow: Mass Incarceration in the Age of Colorblindness.


Strine, El Paso and the shaming thing

March 7, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff was quoted for writing as the Deal Professor in an article on The Deal Pipeline.

The article, which was about Delaware Chancellor Leo Strine and his decision on El Paso, quoted Davidoff wrote, “This decision once again shows that Chancellor Strine is a bold judge, one who is brilliant and willing to make waves. It is yet one more in a line of cases chastising chief executives for steering the negotiating process to their own benefit."

 


A Mirror Can Be a Dangerous Tool for Some C.E.O.’s

March 6, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote an article for the New York Times DealBook as the Deal Professor which regarded the power of “narcissistic” CEOs and their victimizing shareholders.

“To be sure, a narcissistic personality can serve companies well. It can instill an almost cultlike loyalty. The self-belief of the chief executives can lead them to take gambles that would cause others to hesitate. Again, Apple is a terrific example of narcissism’s positive side,” Davidoff wrote.

The article was also published on Progressive Voices.


Drug Policy as Race Policy: Best Seller Galvanizes the Debate

March 6, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was the focus of a New York Times article about her book The New Jim Crow: Mass Incarceration in the age of Colorblindness.

“For many African-Americans, the book — which has spent six weeks on the New York Times paperback nonfiction best-seller list — gives eloquent and urgent expression to deep feelings that the criminal justice system is stacked against them,” the article noted.


Goldman’s conflicts, part 917

March 6, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff was quoted in a Reuters article regarding Goldman Sach’s difficulties in El Paso Corporation being taken over by Kinder Morgan.

“What Goldman did isn’t illegal, just inappropriate in an age in which Wall Street’s morals and behavior are under the public microscope,” Davidoff said. “Goldman Sachs’s engagement letter with El Paso probably limits its liabilities to no more than $20 million.”


Wide Sentencing Disparity Found Among U.S. Judges

March 5, 2012

Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in an article by the New York Times regarding Transactional Records Access Clearinghouse gathering data providing sentencing patterns by judges.

“It’s profoundly valuable that TRAC will assemble this data,” Berman said. “But now it’s profoundly important that serious researchers get to the data.”


Marriage amendment debate focuses on domestic violence

March 4, 2012

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in a News Observer article regarding some North Carolinians’ opposition to the same-sex marriage amendment on the May ballot. The article compared the amendment to Ohio.

"The pressure is on in other states to read the amendment more broadly. Meanwhile, does it leave victims of domestic violence without protection? This is not hypothetical. It happened in Ohio," Spindelman said. "Proponents, when faced with those concerns, initially responded with a kind of sneering dismissal that anything like this would be likely to happen."


The Losers in the El Paso Corp. Opinion

March 4, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote an article for the New York Times DealBook as the Deal Professor.

In the article, which concentrated on “the losers” of Kinder Morgan acquitting the El Paso Corporation, Davidoff wrote, “While it will continue to dispute these facts and its liability exposure is limited, Goldman (Sachs) is most likely the biggest loser because of its continuing self-inflicted the reputational wounds. This is another black eye.


Internationally known Civil Rights lawyer to deliver keynote at annual Policy and Practice Symposium at University of St. Francis

March 1, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was mentioned in an article by TribLocal, which announced she was slated to be the keynote speaker at University of St. Francis’ Spring Policy and Practice Symposium April 12.


Ohio school shooting: What lies ahead for suspect T.J. Lane?

February 29, 2012

Featured Expert: Douglas A. Berman

Professor Douglas Berman weighed in with his predictions about the sentencing of T.J. Lane, who is the suspect in a Chardon High School shooting, in a Los Angeles Times article.

“My sense is that certainly his competency to stand trial or enter a plea will be considered,” Berman said. “There is a high standard to have him declared incompetent.... There is a general disinclination to declare the younger offender insane.”


Is Drug War Driven Mass Incarceration the New Jim Crow?

February 28, 2012

Featured Expert: Michelle Alexander

A Forbes article centered on Professor Michelle Alexander for her book The New Jim Crow: Mass Incarceration in an Age of Colorblindness.

The article notes, “Through a series of anecdotes accompanied by a steady drumbeat of statistics, Alexander makes a compelling case that one of the key pillars of the fruitless war on drugs is selective enforcement coupled with plea bargain-driven judicial railroading.”


For Companies, Tax Code Adds to Debt’s Appeal

February 28, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, as the Deal Professor, wrote an article for the New York Times DealBook about the federal tax code’s effect on corporate debt.

“While overall United States corporate debt levels have fallen over the years, it is not hard to conclude that the tax code is creating incentives for companies to take on more debt than they otherwise would,” Davidoff wrote. “The extra debt can lead to higher bankruptcy rates, higher administration costs and excessive risk-taking. Too much debt can make recessions last longer as companies struggle to shake off their burden.”


Attorney-judge relationships raise ethical questions

February 24, 2012

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in an Akron-Beacon Journal article about relationships between lawyers and judges outside of the courtroom and the impact of those relationships inside the court room. “Friendships between lawyers and judges are quite common. I guess you draw the line if it is more than friendship, if it turns into a romantic or sexual relationship, I think that means you shouldn’t practice in front of that judge, or the judge should recuse herself,” Simmons said. “Anything else, I think, is not only acceptable, it’s common.”


State Pensions Find Private Equity Bites as Blackstone Cuts Jobs

February 23, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff was quoted in an article in Business Week about the trend of public pension funds investing in private equity firms in an attempt to increase their profits. State and local government retirement funds “have been the investors that have really fueled private equity’s rise,” said  Davidoff. “For those people who complain about private equity, the money is really coming from pension funds.”


Under Volcker, Old Dividing Line in Banks May Return

February 22, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote a column in the New York Times Dealbook on the Volcker Rule and its impact on investment banks like Goldman Sachs and Morgan Stanley, which, as a result, may end up being treated like commercial banks instead of investment banks under the law. "The Volcker Rule, for all its good intentions, may perhaps unleash a burst of rapid financial innovation to do something it never intended: recreating the prefinancial crisis division between investment banks and commercial banks," Davidoff wrote.


Is Anne Marie Rasmusson too hot to have a driver's license?

February 22, 2012

Professor Peter Swire was quoted in the Minneapolis City Pages in an article about a woman who had her driver's license picture accessed more than 425 different times by over 100 law enforcement officers.  Cumulatively, said Swire, who once served as the chief counselor on privacy for the Clinton administration, it amounts to an unprecedented privacy breach. "I've never heard of improper access by this many agencies," he said.

 


U.S. States Grapple with Exploding Prison Populations

February 21, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was quoted in an article in the Inter Press Service about booming state prison populations, budget cuts, and the possibility of revising criminal codes as a result.  The article said: "In a May 2011 editorial in the New York Times, Michelle Alexander, an associate professor of law at Ohio State University, said Republican leaders are pursuing prison reforms for the wrong reasons, that is, saving money instead of addressing racial disparities in incarceration."

 


Bain Capital Stays Quiet Amid Attacks on Mitt Romney, Private Equity

February 21, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff was quoted in a Daily Beast article about the shocking silence by Bain Capital despite the media attention it is receiving as a result of Mitt Romney's bid for the Republican nomination.  “If you ask me does private equity provide value, I think the answer is yes,” said  Davidoff, a former Wall Street attorney who now teaches law at Ohio State. “But while that might be true from an economic theory standpoint, that’s a complicated argument to put forward. That might be why private equity is reluctant to talk,” said Davidoff, who wrote the book Gods at War: Shotgun Takeovers, Government by Deal and the Private Equity Implosion. “Every multinational at one point or another has laid people off.  That’s what happens in corporate America. But saying that would be little solace to people losing their jobs.”  


Should U,S. Help Israel Cripple Iran's Nuclear Capability?

February 21, 2012

Featured Expert: John B. Quigley

Professor John Quigley wrote an opinion editorial for the McClatchy-Tribune News Service arguing that the United States should not encourage of assist Israel in bombing or attacking Iran's alleged nuclear program.  Quigley wrote: "Israel would be on a stronger moral footing if it were to say that no one in the region should have nuclear weapons. To this day, Israel will not own up to having nuclear weapons."



 


Priest's slaying in Birmingham to be remembered in church service

February 20, 2012

Featured Expert: Sharon L. Davies

Professor Sharon Davies was quoted in a Birmingham News article about a service remembering the death of Priest James Coyle, who was murdered for marrying a white, protestant woman to a Catholic of Puerto Rican dissent in the 1920s.  Davies' book - Rising Road: A True Tale of Love, Race and Reli­gion in America - and a recent public TV documentary about the killing have brought renewed attention to Coyle's death and the trial that followed.


Document fees for ID to vote in Kansas raise concerns

February 19, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the Wichita Eagle about the constitutional issues surrounding Kansas' new voter identification law.  Tokjai said the U. S. Supreme Court's ruling in Crawford stated only that Indiana law wasn’t unconstitutional on face value. “It’s still possible for individual voters – people who are really poor or homeless – to challenge its application in certain circumstances,” Tokjai said. “It would be misleading to say without qualification that Crawford means all these are constitutional.
“That’s an important qualification, one that I’m sure Secretary of State Kobach’s office would prefer to glide over. But it’s an important one for people who actually pay attention to what the law says.
“The question of whether these laws are constitutional, as applied to individuals burdened by them, is very much alive.”


Ohio redistricting ballot drive launches while Speaker Batchelder pushes in different direction

February 18, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Cleveland Plain Dealer article about a group of citizens in Ohio that are working to change the redistricting process in the future. "Incumbent politicians have been drawing these lines to serve their own self-interests at the expense of the people's collective interest," said  Tokaji, one of the leaders of the coalition, which includes the League of Women Voters of Ohio and Common Cause Ohio. "We the people have to take back this power by seizing the pen away and drawing the districts ourselves."


Gay marriage amendment’s broader effects debated

February 18, 2012

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in an Associated Press article that analyzed the possible broader impacts of gay marriage laws.  For example, in Ohio, which passed an amendment banning gay marriage or civil unions in 2004,  at least seven trial courts ruled that the amendment prevented them from issuing domestic violence protection orders or even charging unmarried people with the crime of domestic violence.

“The idea behind Ohio’s domestic violence laws is that it’s to treat unmarried partners the same as married partners for purposes of protection,” said  Spindelman. “The purpose of the marriage amendment was to prevent unmarried couples from being treated as if they’re married. Pretty shortly after the marriage amendment passed, defense lawyers in some domestic violence cases started using the marriage amendment in exactly the way we thought they would.”


Michelle Alexander to speak at UW-River Falls

February 17, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander's lecture on her book The New Jim Crow: Mass Incarceration in the Age of Colorblindness was featured in the River Falls Journal.


DealBook Online

February 17, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote a comment for the New York Times Dealbook on Diamond Foods announcement that it would restate its financial results for two years. It also placed its chief executive, Michael J. Mendes, and its chief financial officer, Steven M. Neil, on administrative leave. Diamond had previously agreed to acquire the Pringles brand from Procter & Gamble. According to Davidoff, this restatement and executive changes are likely to constitute a real-life material adverse change, giving P.& G. the right to terminate the acquisition, which almost never happens.


The Importance of a Homeowner Bill of Rights

February 17, 2012

Professor Peter Swire wrote an opinion piece for the Center for American Progress on the importance of a Homeowner Bill of Rights.  "The recent housing downturn revealed how homeowners are systematically disadvantaged by the current system of mortgage finance and are in need of additional rights to be protected from abuses in the servicing of mortgages," Swire wrote. "The homeowner bill of rights provides long overdue protections for homeowners from abuses in the servicing of mortgages and is an important step toward reviving a dormant private mortgage finance industry."


Jim Crow: Drug war outcome

February 17, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was mentioned in an editorial by the Charleston Gazette discussing the fact that 75 percent of people imprisoned for drug offenses are black, but whites more often use drugs.


America’s Export to Canada: Shareholder Activism

February 17, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote a column for the New York Times Dealbook about recent shareholder battles in Canada involving the Canadian Pacific railroad.


Civil Rights lawyer to speak as part of conference

February 15, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander's upcoming lecture on the mass incarnation of blacks was featured on the University of Tennessee news service.


Professor Alexander named to Power 100 list

February 15, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was listed On Being A Black Lawyer’s Power 100 list, which highlights the nation’s most influential black attorneys working in government, academics, and public and private sectors.

 


Engage the activist

February 13, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff was quoted in a Canadian Lawyer Magazine article about the current climate for shareholder activists and how to deal with them. “This topic is deeply in the minds of everyone in Canada and it’s because of Bill Ackman’s arrival in Canada,” said Davidoff.
 


How the Romney-Bain flap could change public pensions

February 13, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff was mentioned in a Washington Post article about public pension plans being managed by private equity firms.  Public pensions across the country are also facing a huge financing gap. And pension plans “desperate for yield” could still be inclined to turn to private-equity, which has generally been considered “a high-performing asset class,”  Davidoff was quoted as writing.


Organizers of This Sunday's Marriage Equality Event Speak with WOSU's Ann Fisher

February 10, 2012

Featured Expert: Marc Spindelman

Professor Marc Spindelman was mentioned in an Examiner article discussing the Freedom to Love, Freedom to Marry interfaith event.


A $100 Billion Value for Facebook? That May Be Possible

February 10, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote a column for The New York Times Dealbook analyzing the value of Facebook and the implications of that volume.


Banks may finally improve foreclosure practices

February 10, 2012

Professor Peter Swire was quoted on CNN in a story about a $25 billion settlement between the country's largest banks and various state attorney general offices. "A lot of families had their homes taken away while they had modifications or were negotiating modifications," said  Swire, a law professor at Ohio State University and former Obama housing advisor.


Zuckerberg Secures Himself Lots of Power (and Money)

February 10, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff was quoted in the Atlantic in a story about the valuation of Facebook.  The article quoted from Davidoff's recent blog post: "Facebook’s organizing documents dictate that when Class B shares are transferred, they typically will convert into the low-vote Class A shares. It is likely that, over time, Mr. Zuckerberg will hold onto the bulk of his Class B shares as other holders of Class B shares sell off their stakes. Mr. Zuckerberg can also sell down his shares. But until the Class B shares comprise less than 9.1 percent of the outstanding Facebook shares, the holders of the Class B shares control Facebook. Given this low threshold, Mr. Zuckerberg, 27, is likely to have enough Class B shares to give him control of the company for a long, long time, despite the fact that he will have a much smaller economic stake."


Diamond Foods Debacle May Crack Open a MAC

February 10, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote a column for The New York Times Dealbook on the possible collapse of Diamond Foods purchase of Pringles from P & G because of a material breach of the contract to purchase.


Legal experts analyze verdict in fatal hit-skip trial

February 9, 2012

Featured Expert: Joshua Dressler

Professor Joshua Dressler was quoted by the Springfield News-Sun in an article about the acquittal of a former prosecutor in a fatal hit-skip case. The case, involving an 81-year-old defendant, was tried before a judge. Dressler, an expert in criminal law, said hit-skip cases are tough to prosecute and that prosecutors faced a higher burden of proof in this case because a judge ruled and it involved a former prosecutor.

“Law-trained people take proof beyond a reasonable doubt much more seriously than lay people,” Dressler said. “It’s not insignificant the defendant in this case is a former prosecutor. This is a person who has prosecuted these kinds of cases before, he is a member of the bar. The judge has to consider whether he would lie under oath. He could say I believe him because he was a prosecutor, but if it were you or me, maybe not.”


Shareholder lawyers sue over Delaware forum-selection

February 8, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff was mentioned in a Reuters article about a series of shareholder suits filed in Delaware.


Creative Sentencing: Red Lobster and Bowling.

February 8, 2012

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted by The Wall Street Journal Law Blog in a post about a man who was sentenced to a date night as his punishment. Berman, who said he generally supports creative sentencing, pointed to cases across the country where judges have ordered defendants to enter in to education programs or write reports on Shakespeare.

“When done well by the right folks with the right idea in mind, creative sentencing can be a good thing. There are lots of folks for whom prison may do more harm than good, not just for themselves but for society,” he said. But the question is, can judges really order people to do such strange things? “And the answer is it’s not clear, in part because judges don’t do this much,” Berman said. ”There’s not a lot of law out there on this, and this stuff usually comes up in settings where it’s awfully unlikely to be litigated.”


Legal experts analyze verdict in fatal hit-skip trial

February 8, 2012

Featured Expert: Joshua Dressler

Professor Joshua Dressler was quoted in a Springfield News article about the acquittal of a man accused of a hit-and-run which resulted in a death.  Dressler said hit-skip cases are tough to prosecute. Prosecutors faced a higher burden of proof in this case because a judge ruled and it involved a former prosecutor. “Law-trained people take proof beyond a reasonable doubt much more seriously than lay people,” Dressler said. “It’s not insignificant the defendant in this case is a former prosecutor. This is a person who has prosecuted these kinds of cases before, he is a member of the bar. The judge has to consider whether he would lie under oath. He could say I believe him because he was a prosecutor, but if it were you or me, maybe not.”


Proposition 8 ruling worded to discourage Supreme Court intervention, experts say

February 8, 2012

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in The Desert Sun, a Palm Springs, Calif. newspaper, for an article about a federal court decision to uphold the unconstitutionality of California Proposition 8 and the chances the U.S. Supreme Court will take up the issue. “The 9th Circuit is trying to frame it,” said  Spindelman. “The case against Proposition 8 got stronger on appeal. But the winds that blow against this decision are very powerful.”


Secret money is funding more election ads

February 8, 2012

Featured Expert: Donald B. Tobin

Professor Donald Tobin was quoted by The Washington Post in an article about campaign finance and super PACs in the wake of the Citizens United ruling. A tax law expert, Tobin said political advocacy groups are taking advantage of a murky legal landscape between tax and election laws.

He argues that many of the social-welfare groups now spending big on campaigns are flouting the intent of tax laws, which did not envision groups formed solely to dance on the line between issue advocacy and direct participation in elections.

“There’s no way that Congress expected groups like Crossroads GPS to be social-welfare organizations,” Tobin said. “They used to be groups that were focused on social welfare and did a little politics on the side. This has turned that idea on its head.”


Federal Appeals Court Upholds Life Sentences for Child Porn Trafficking, Nixes Restitution

February 7, 2012

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in an ABA Journal article on a federal appeals court  affirmation of the life sentences given to seven participants in an international child pornography trafficking ring, but it has vacated a $3.3 million restitution award against one of the defendants on behalf of one of the victims.  Berman said  the decision would not be particularly newsworthy but for the lengthy discussion of the issues surrounding child porn restitution awards about two-thirds of the way through the 130-page opinion.


Ohio Senate Republicans take another crack at election reform before the fall presidential election

February 5, 2012

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Plain Dealer in an article about Ohio Senate Republicans looking to change laws affecting the way elections are administered.

“There is no good reason for unsettling our election system, confusing poll workers, and making life more difficult for voters,” said Tokaji, a senior fellow at Election Law @ Moritz.


Civil rights lost when blacks labeled felons says lawyer’s new Jim Crow book

February 2, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander and her book The New Jim Crow: Mass Incarceration in an Age of Colorblindness were featured in an Examiner.com article.

“I had these series of experiences in my work that led to – I call it ‘my awakening.’ I began to see that our criminal justice system and our system of mass incarceration was functioning more like a caste system than a system of crime prevention or control," states Alexander speaking of her days as a litigator.

“Young kids were being shuttled from their decrepit under funded schools to brand new high tech prisons: being stopped and searched by the police, arrested for the very sorts of nonviolent relatively minor petty drug offenses that were going ignored on the other side of town on college campuses and suburban white communities. Once they were swept in, they were trapped! For life! Once they were branded a criminal or felon, they were doomed --ushered into this parallel social universe in which all of their rights supposedly won in the civil rights movement were stripped from them. Often stripped of the right to vote before they turned 18. They’re ineligible for jury service for the rest of their lives. Harassed as a result of racial profiling and stop and frisk operations that don’t occur in middle class white communities, but have become the norm (in black communities).”


Democracy for Dollars

February 1, 2012

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji, a senior fellow at Election Law @ Moritz and the Robert M. Duncan/Jones Day Designated Professor of Law, was quoted in an article by Detroit alternative weekly Metro Times about super PACs and their involvement in buying advertising for the 2012 campaign.

In response to some groups' desire to change the First Amendment in such a way to ensure freedom of speech not apply to corporations, Tokaji deemed it a "well-intentioned but overly simplistic approach to the problem."

"There are real First Amendment interests at stake here," he said. "If you were to completely snuff out the corporate perspective from the debate, that would be a real problem."

Campaigns should be publicly funded instead, Tokaji argues.


No Apologies: The SEC's no-guilt deals can be a boon to in-house lawyers

February 1, 2012

Featured Expert: Arthur F. Greenbaum

Professor Arthur Greenbaum was quoted in a Law.com piece about SEC settlements with attorneys who are trying to avoid being disbarred. Nothing bars state disciplinary authorities from independently investigating fraud alleged in SEC actions, Greenbaum said. And "if we believe an SEC allegation in a ­complaint is a good indicator of possible fraudulent attorney conduct, we might encourage, or even require, the SEC to forward its complaints [to state bars] and perhaps even share the fruits of its initial investigation in the matter," Greenbaum added.


Obama rationale for using drones not lawful'

January 31, 2012

Featured Expert: John B. Quigley

Professor John Quigley was interviewed by phone by Press TV about President Barack Obama's rationale for the use of drones. He said, "Even if it is with the permission of the state, it is still a violation of human rights of the individuals involved."


GOP Seeks Big Changes In Federal Prison Sentences

January 31, 2012

Featured Expert: Douglas A. Berman

Professor Douglas Berman was interviewed by NPR about the inconsistent application of federal sentences from state to state -- an issue Republicans in Congress want to examine closer. A sentencing expert, Berman said, "The way you make sure the guidelines get due respect is to make them respectable."

Berman added that judges think many of the suggested punishments are too tough, especially in the areas of corporate fraud and child pornography, where the guidelines call for people who download images of children to sometimes get upward of 20 years behind bars.

"There's 2,000 child porn cases, and about 1,200 of them have below-guideline sentences, and they're all white defendants," Berman said. "And so now I think the easiest explanation for that entire 20 percent — or if not the entire 20 percent, than at least a big part of that — is, in fact, white child porn downloaders are getting significant leniency."


The Caging of America

January 30, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander's book, The New Jim Crow, was quoted in a column by The New Yorker about the mass incarceration of African Americans in the United States.

“The system of mass incarceration works to trap African Americans in a virtual (and literal) cage,” Alexander wrote.
 

File Sharing Sites Scatter after Megaupload’s Shutdown

January 25, 2012

Professor Peter Swire was interviewed by WBAL Radio Baltimore about the federal shutdown of Megaupload prompting other file-sharing sites to cut back on disseminating content that could get them into legal trouble. "With Megaupload, the sites have gone from cool to criminal all at once," Swire said.


File Sharing Sites Scatter after Megaupload’s Shutdown

January 24, 2012

Professor Peter Swire was quoted in an article in by ABC News about how file sharing sites are reacting to the federal shutdown of Megaupload, due in part to proposed anti-piracy laws such as SOPA and PIPA.

“With Megaupload, the sites have gone from cool
to criminal all at once,” Swire said. “Sites thought they were operating a [file sharing] site, now they might be operating a criminal site.”


Amid Attacks on Private Equity, Efforts to Study Its Value

January 24, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, writing as the Deal Professor for The New York Times DealBook, examines what private equity firms do in the wake of political attacks related to Mitt Romney's career in the industry. He takes a look at different papers on the topic of whether private equity companies " 'strip and flip' companies, leaving them for bankrupt." The column ran in the national edition of The New York Times.


The Torture of Mumia Abu-Jamal Continues off Death Row

January 23, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was referenced in an article on globalresearch.ca. The article, about Mumia Abu-Jamal’s mistreatment in a Pennsylvania jail, mentioned Alexander delivered video messages at a protest Dec. 9 and credited her for deeming the U.S. prison nations as “the new Jim Crow.”


The Torture of Mumia Abu-Jamal Continues off Death Row

January 23, 2012

Featured Expert: Michelle Alexander

Professor Alexander's book, The New Jim Crow, was reference din an article by Socialist Project detailing the trials of Mumia Abu-Jamal.


Op-Ed: South Carolina Primary, where Jim Crow government still rules

January 22, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was quoted in an opinion editorial article on the Digital Journal that suggested Jim Crow laws are still in effect in South Carolina.

"Today there are more African-Americans under correctional control — in prison or jail, on probation or parole — than were enslaved in 1850, a decade before the Civil War began," Alexander was quoted.


Key provision of voting rights law under court scrutiny

January 20, 2012

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji, an expert in election law, was quoted by NBC Politics on MSNBC.com in an article discussing a looming vote on Part 5 of the 1965 Voting Rights Act.

 “If I had to speculate on how this panel rules, I’d say they’d uphold section 5,” Tokaji said. “There’s a very good chance it will get to the Supreme Court.” 


Key provision of voting rights law under court scrutiny

January 20, 2012

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by NBC Politics in an article regarding Congress’ possible renewing of section 5 of the 1965 Voting Rights Act. Under the section, some states and counties and townships in states must receive “preclearance” from the Justice Department to change any and all voting procedures.

“If I had to speculate on how this panel rules, I’d say they’d uphold section 5,” Tokaji said. “There’s a very good chance it will get to the Supreme Court.”

 


Save our people

January 20, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander's book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness, was discussed in an article in the South Florida Times.


Fed more profitable, but hedge funds far ahead in pay stakes

January 19, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff's column for The New York Times DealBook was picked up by The Sydney Morning Herald, theage.com, and Southern California public radio station 89.3 KPCC. Known as the Deal Professor to his readers, Davidoff compares the Federal Reserve to a hedge fund.


Drug arrests create racial caste system, says author Michelle Alexander

January 19, 2012

Featured Expert: Michelle Alexander

A speech delivered to a near-capacity crowd at Grand Valley State University as the keynote address for the school’s Martin Luther King Jr. celebration by Professor Michelle Alexander was covered in an article by MLive.com.

 


Dog Like Me

January 19, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was quoted in an article by Santa Barbara Independent about Martin Luther King Day.

The article says that In her book, The New Jim Crow, Alexander states "that if the United States were to return to the pre–War on Drugs rate of incarceration, we’d have to release 80 percent of the people behind bars. When you calculate the $50,000 a year it takes to lock someone up, that’s a lot of taxes for white people to be mad about. Likewise, Alexander estimated if we returned to the pre-War number of prison employees, about a million people would be out of work."


Carlyle Group’s IPO Lays The Groundwork For An Abusive, Coercive MBO In About Five Years

January 18, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff's column for The New York Times DealBook was quoted by Dealbreaker.com in a follow-up piece about Carlyle Group LP's move to block future investors' capability to sue the private equity firm.


Carlyle Readies an Unfriendly I.P.O. for Shareholders

January 18, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, writing as the Deal Professor for The New York Times DealBook, takes a closer look at the initial public offering for private equity group Carlyle Group LP. "It is quite possible that Carlyle Group ... is proposing the most shareholder-unfriendly corporate governance structure in modern history."


Luther College to host ninth annual Midwest Black History Conference Feb. 15-16

January 18, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander, will present a plenary lecture based on her book and titled The New Jim Crow: Mass Incarceration in the Age of Colorblindness in the Center for Faith and Life Main Hall at the Luther College Midwest Black History Conference .


Shocking video shows unconscious US football fan being sexually assaulted by rival supporter in front of dozens of college students

January 18, 2012

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in an article on MailOnline.com about the sexual assault of an unconscious sport spectator.

An unconscious Louisiana State University football fan was assaulted in a New Orleans restaurant by several University of Alabama football fans and caught on film.

The victim had not yet come forward, but Simmons said it may not be necessary.

"Technically a prosecutor does not need a victim to prosecute a crime, as long as there is other evidence sufficient to establish guilt beyond a reasonable doubt," Simmons said. "But although it is possible to obtain a conviction in a case like this without a victim, it will be difficult to do so. A jury may not take the case very seriously if there is no victim willing to testify."


Kasich seeks taxes on oil, gas drilling

January 18, 2012

Featured Expert: Donald B. Tobin

Professor Donald Tobin was quoted in an article in the Columbus Dispatch regarding Governor John Kasich seeking to tax oil and gas drilling.

“The question is whether the tax is at such a level to discourage the activity,” Tobin said.


Must read: Deal Prof's study of competition for M&A litigation

January 17, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff and University of Notre Dame Professor Matthew Cain's paper A Great Game: The Dynamics of State Competition Litigation was reviewed and quoted from by Thomson Reuters News & Insight.

"The paper ... features up-to-the-minute commentary and a deep understanding of why lawyers do what they do," writes Alison Frankel in her On the Case column.

She continues: "Davidoff and Cain looked at the litigation spawned by 955 public deals, completed between 2004 and 2010 and valued at more than $100 million. From that hand-curated sample, they examined Securities and Exchange Commission filings, court filings, and other public documents to find out where cases were filed, whether they were dismissed or settled, what kind of benefits shareholders achieved in settlements, and what plaintiffs' lawyers were awarded in fees. They assembled the data into a series of charts and tables that show some significant trends in M&A shareholder litigation."


This week: Bama voting rights case in DC courtroom on Thursday

January 17, 2012

Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji, a senior fellow at Election Law @ Moritz, was quoted by The Birmingham News in an article about a local county's crusade to end 47 years of federal government oversight of its election returns.

Shelby County is hoping a federal appeals court will agree that the county no longer needs the U.S. Justice Department to approve changes in the ways elections are conducted because the area has progressed from its discriminatory past. It is unclear whether the case would be the vehicle with which justices of the U.S. Supreme Court would review the constitutionality of Section 5.

"I am reasonably confident they're going to take up the question of Section 5 constitutionality within the next few years," Tokaji said. "It could be Shelby County, it could be South Carolina, or some other."


Tele-debate Tomorrow on the Constitutionality of President Obama’s Recent Recess Appointments

January 17, 2012

Featured Expert: Peter M. Shane

Professor Peter Shane's participation in a Thursday tele-debate hosted by the Constitution Project was previewed by  the blog Lawfare. Shane, the Jacob E. Davis and Jacob E. Davis II Chair in Law, will be joined by Professor Michael McConnell, the Richard & Frances Mallery Professor, director of the Stanford Law School Constitutional Law Center, and Hoover Institution Fellow for the tele-debate, Are the President's Recent Recess Appointments Constitutional.


Legal Scholar: Jim Crow Still Exists In America

January 16, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was interviewed on NPR's Fresh Air during a Martin Luther King Jr. Day broadcast about her 2010 book The New Jim Crow: Mass Incarceration in the Age of Colorblindness.

 

 

"People are swept into the criminal justice system — particularly in poor communities of color — at very early ages ... typically for fairly minor, nonviolent crimes," she told Fresh Air's Dave Davies. "[The young black males are] shuttled into prisons, branded as criminals and felons, and then when they're released, they're relegated to a permanent second-class status, stripped of the very rights supposedly won in the civil rights movement — like the right to vote, the right to serve on juries, the right to be free of legal discrimination and employment, and access to education and public benefits. Many of the old forms of discrimination that we supposedly left behind during the Jim Crow era are suddenly legal again, once you've been branded a felon."


On MLK Day: How a Racist Criminal Justice System Rolled Back the Gains of the Civil Rights Era

January 15, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was interviewed on Democracy Now! as part of a discussion in time for Martin Luther King Jr. Day. Alexander is the author of The New Jim Crow: Mass Incarceration in the Age of Colorblindness.

"Although our rules and laws are now officially colorblind, they operate to discriminate in a grossly disproportionate fashion. Through the war on drugs and the 'get tough' movement, millions of poor people, overwhelmingly poor people of color, have been swept into our nation’s prisons and jails, branded criminals and felons, primarily for nonviolent and drug-related crimes — the very sorts of crimes that occur with roughly equal frequency in middle-class white neighborhoods and on college campuses but go largely ignored — branded criminals and felons, and then are ushered into a permanent second-class status, where they’re stripped of the many rights supposedly won in the civil rights movement, like the right to vote, the right to serve on juries, and the right to be free of legal discrimination in employment, housing, access to education and public benefits," Alexander said.


For too many African-Americans, prison is a legacy passed from father to son

January 15, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was referenced in an article by The Guardian about the cycle of incarceration repeating itself from one generation to the next among the African-American community. Alexander is the author of The New Jim Crow: Mass Incarceration in the Age of Colorblindness.

"According to Ohio State University law professor and author Michelle Alexander, there are more African-American men in prison, on probation or on parole in the US now than were enslaved in 1850," the British newspaper reported. "Alexander also calculates that because felons lose the right to vote, more African-American men were disenfranchised in 2004 than in 1870, the year male franchise was secured."


Cain & Davidoff on State Competition for Corporate Litigation

January 15, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff and University of Notre Dame Professor Matthew Cain's paper A Great Game: The Dynamics of State Competition Litigation was featured on the Securities Law Prof Blog, edited by Barbara Black, director of the Corporate Law Center at the University of Cincinnati College of Law.


MLK event Tuesday at Cooley

January 14, 2012

Featured Expert: Michelle Alexander

A Martin Luther King Jr. Day appearance by Michelle Alexander at Thomas M. Cooley Law School's Lansing campus was touted in the Lansing State Journal. Alexander is the author of the 2010 book The New Jim Crow: Mass Incarceration in the Age of Colorblindness.

"Alexander's book focuses on the conviction rate and the astonishing number of African Americans who are in the nation's jails," the Michigan newspaper reported. "While speaking at Cooley, she will share how the consequences of a criminal conviction lead to barriers when individuals seek employment and how these barriers adversely affect communities, families and taxpayers."


In GOP Campaign, Private Equity Firms Draw Flak

January 13, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff was interviewed for a piece that aired on NPR's Morning Edition about private equity firms, such as the one Republican presidential nominee hopeful Mitt Romney ran in the 1980s.

After private equity firms find a few large investors — usually pension funds, university endowments, and possibly wealthy individuals — they use that money to borrow more so they can buy other companies, usually those that are in trouble or undervalued, Davidoff explained.

"They buy them in hopes that they can increase the value of the companies and sell them at a fantastic profit," said Davidoff, who worked on merger and acquisition deals as a lawyer before becoming a professor at The Ohio State University Moritz College of Law.

"Sometimes operating them efficiently means that employees lose their jobs, plants are closed down and companies are restructured," he told NPR.

Davidoff later added that a valid criticism of private equity firms is that their managers make use of a lucrative loophole to cut their tax bill. "The barons of private equity are probably paying a lower tax rate than their secretaries, in terms of percentages."


U.S., Europe Privacy Practices

January 13, 2012

Professor Peter Swire was quoted by the magazine Security Management in an article about the European Union's strong customer data privacy protections tripping up U.S. organizations that are noncompliant.

“A ‘we don’t care about privacy’ attitude from the United States creates major risks for U.S. jobs, exports, and businesses,” Swire said at a recent House Energy and Commerce Committee hearing. “The lack of U.S. privacy rules can become a powerful excuse for protectionism, risking U.S. jobs and the sales of U.S.-based businesses."


Mass Incarceration

January 13, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander was interviewed by PBS' Religion & Ethics Newsweekly in a segment about mass incarceration. The program aired in Ohio and other markets.

Alexander, author of the 2010 book The New Jim Crow: Mass Incarceration in the Age of Colorblindness, discussed what role faith communities could play in ending disenfranchisement and discrimination against young, African-American men.

"Just as in the days of slavery it wasn’t enough to shuttle a few to freedom, today we’ve got to work for the abolition of the system of mass incarceration as a whole," she said, "and that means, in my view, that the church has got to find its prophetic voice in the era of mass incarceration and really call on politicians and policymakers to undo the massive tragedy that has been done."


China Case Reveals Risks of Investing in a Foreign Company

January 12, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff wrote an article as the Deal Professor for the New York Times DealBook. The article centered on the topic of the risks of foreign investment due to the ChinaCast Education Corporation case.

“Foreign companies are not as familiar with United States practices and laws governing domestic corporations. They are sometimes more willing to push the envelope, either out of cultural inexperience or simple ignorance,” Davidoff wrote. “ChinaCast itself appears to have been a bit behind the ball in getting good advice. It hired Mackenzie Partners, a top American proxy adviser, to represent it only after it lost the first ruling in Delaware. The distance and language barriers only exacerbate these problems.”


Does the rise of Islamic movements pose a major threat to U.S. interests?

January 12, 2012

Featured Expert: John B. Quigley

Professor John Quigley wrote an opinion editorial that was published in The Olympian in Washington state about the United States' policy regarding the Middle East.

"In the short term, Washington works to protect Israel and other U.S. allies, combat terrorism, rebuff Iran’s hegemonic ambitions, and support regional stability, all of which ensures the continued flow of oil to power Western economies," Quigley writes.

"In the long run, Washington promotes the advance of freedom and democracy in the region and elsewhere to expand the circle of nations that share our values, reduce threats to U.S. national security, expand opportunity for hundreds of millions of people and create new markets for U.S. investment.

"Unfortunately, the recent rise of Islamic movements in Egypt, Yemen, Libya and elsewhere threatens both our short- and long-run goals, generating profound new challenges for the United States."


Lehman Still Doing Deals in a Second Life on Wall Street

January 10, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, writing as the Deal Professor for The New York Times DealBook, wrote about Lehman Brothers' refusal to die despite its collapse in 2008. The column was published in the national edition of The New York Times.

"Like all good horror villains, Lehman still exists, sort of. The Lehman Brothers estate is in its fourth year of administration in Federal Bankruptcy Court in Manhattan. It’s the largest bankruptcy in history, involving the liquidation of $65 billion in assets. As of October, the estate had made substantial progress settling almost $100 billion in claims," he writes.

"... The Lehman estate is even scheduled to exit bankruptcy soon, but don’t think this will end the story. Lehman is looking to get bigger."

Davidoff's column was referenced by Newser.com and Reuters' Counterparties.com.


Time to Get Serious About the Housing Market

January 9, 2012

An article by Professor Peter Swire on recommendations to protect home mortgage consumers was referenced in a recent piece by the Center for American Progress examining what policy action is needed to fix problems in the housing market.

"The current system of laws and regulations protect the interests of investors and mortgage servicers before the rights of consumers are ever considered, according to CAP Senior Fellow Peter Swire," writes John Griffith, a research fellow with the housing team at American Progress. "Servicers currently have no fiduciary responsibility to protect consumers from improper acts and omissions by mortgage servicers."


Moritz law professor among few NY Times columnists

January 9, 2012

Featured Expert: Steven M. Davidoff

Professor Steven Davidoff was the subject of a profile in The Lantern, the student-run newspaper of The Ohio State University. Of interest is Davidoff's job outside of the classroom -- as a columnist for The New York Times DealBook.

"Most of my time is spent being a law professor ­— writing academically and teaching. In the remaining time I write from home, mostly on weekends or at nights," Davidoff said. "The New York Times is my hobby, so to speak."


Parents out of loop on adult kids' health data

January 9, 2012

Professor Peter Swire was quoted by The Columbus Dispatch in an article about a provision in the new federal health-reform law that allows children to stay on their parents' insurance until age 26. While Mom and Dad are footing the bill, it doesn't entitle them 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 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.


Surge of Islam a response to bad policies from White House

January 8, 2012

Featured Expert: John B. Quigley

Professor John Quigley wrote an opinion editorial that was published in the Great Falls Tribune in Montana about Islamic political parties assuming roles in the new order in Arab countries.

"It may not be irrelevant to ask how political Islam came to be a factor in the Middle East. Some fellow in a turban issuing fatwas?" Quigley writes.

"Hardly! To find the source of political Islam, don't go to a mosque.

"Try 1600 Pennsylvania Avenue, which had no minaret on top last time I checked. American presidents have created political Islam and are still its main facilitators.

"Islam is the rallying cry for opposing outsiders, especially us."


Origins of social media fiasco surrounding Ohio State football team unknown

January 4, 2012

Featured Expert: David A. Goldberger

Professor Emeritus David A. Goldberger was quoted by The Lantern, the student paper at The Ohio State University, in a story about the school's new football coach possibly banning players from Twitter and other social media sites. The story circulated on Fox Sports Ohio, as well.

While it remained unclear whether the players were told a ban was in place, Goldberger was adamant that a complete ban of a social media platform would be unlawful.

"I have my doubt about this, but there may be topics that the coach can put out of bounds, but to say that you can't use a social media is far too broad," Goldberger said. "It's like saying you can't talk."


What we think: The killing of Trayvon Martin and the state of Black America

January 1, 2012

Featured Expert: Michelle Alexander

Professor Michelle Alexander's book The New Jim Crow: Mass Incarceration in the Age of Colorblindness was referenced by the South Florida Times in an article discussing the killing of Trayvon Martin.