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.

2016 Media Hits

Ohio medical marijuana program takes shape: 3 things to watch in 2017

December 29, 2016

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in Cleveland.com about Ohio’s burgeoning medical marijuana industry. According to state law, all rules and regulations for the program have to be adopted by September of this year so that it can be in working order by September 2018. 

Berman, who teaches a course on marijuana law and policy, said he believes that even though licenses for dispensaries and growers are bound to be expensive, investors will likely seek to capitalize on Ohio’s new industry.

"Ohio got in early enough to take advantage of the excitement the industry is building and the opportunity it creates for local investors and players to be part of the industry," Berman said. "[Investors are] not going to want to set up in rural Ohio anti-marijuanaville. They will find communities that see it's great economic development."


Could Barack Obama 'recess-appoint' Merrick Garland to the Supreme Court?

December 29, 2016

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in Cleveland.com about whether President Barack Obama could use a recess appointment to appoint Merrick Garland, chief judge of the U.S. Court of Appeals for the District of Columbia, to the Supreme Court.

Though unlikely to occur, Obama could theoretically appoint Garland in the limited time frame between the departure of the 114th Congress and the incoming 115th Congress. Garland would tilt the Supreme Court to a center-left majority until Donald Trump nominates a replacement.

"It might be a way of throwing the new majority off its game," Shane said, adding that such a move would be uncharacteristic of both Obama and Garland.


Attorneys in Ohio Police Shooting Prep for Trial Redo

December 25, 2016

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in The Associated Press about the upcoming retrial of Ray Tensing, the former University of Cincinnati police officer accused of murdering Sam DuBose during a traffic stop. Jurors declared a mistrial on November 12, after more than 25 hours of deliberation. Tensing will be retried in May on murder and voluntary manslaughter charges.

As prosecutors and attorneys prepare for the retrial, both sides will likely consider certain advantages, according to Simmons. The prosecution has already seen the defense theory of the case, for one, while the defense could search for contradictions in testimony given by prosecution witnesses.

"In that sense, both sides can learn from mistakes," Simmons said.
 


Congress urged to vote no on H.R. 161 for safety and environmental reasons

December 21, 2016

Featured Expert: Michael Braunstein

Professor Emeritus Michael Braunstein was quoted in World Pipelines about  H.R. 161, the Natural Gas Pipeline Permitting Reform Act. Braunstein is managing partner at Goldman & Braunstein, a Columbus-based law firm that represents property owners affected by pipeline projects. He believes that H.R. 161 poses a threat to public safety and the environment.

"Pipeline failures have become all too familiar," Braunstein said. "H.R. 161 will shorten the length and extent of review of pipeline projects by the Federal Energy Regulatory Commission (FERC), which evaluates potential safety and environmental hazards. The FERC's thorough review is critical and should not be undermined for the sake of corporate profit."


Not our president — yet

December 20, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in VICE News about an 1887 law, 3 U.S. Code section 15, which allows Congress to challenge the Electoral College when votes are reviewed in January. Theoretically, the law could be used as an attempt to refute any electoral votes cast for President-elect Donald Trump. The odds of that happening, however, are slim.

“You’ve got to be honest and say there’s a huge amount of uncertainty in this,” Foley said. “It is the most convoluted law, and Congress knew at the time they wrote it that it didn’t make any sense, but it was a compromise.”
 


Women outnumber men in law schools for first time, newly updated data show

December 19, 2016

Featured Expert: Deborah Jones Merritt

Professor Deborah Merritt was requoted in ABA Journal about how 2016 marked the first year that women outnumbered men as law school students. According to Merritt’s research, women make up 50.32 percent of students at ABA-accredited schools across the country. There is still work to be done, however, as higher-ranked law schools still enroll fewer female students overall.

“Women now outnumber men in law schools, but our pipeline is still broken,” Merritt wrote for the website Law School Cafe. “Let’s do more to recognize and correct gender bias in the profession.”
 


Now, it's Trump's turn to wrestle with classified information

December 19, 2016

Featured Expert: Dakota S. Rudesill

Professor Dakota Rudesill was quoted in The Christian Science Monitor about lingering questions over who should be granted security clearance in President-elect Donald Trump’s incoming administration.

“For someone in the national security field, it’s analogous to bar admission for a lawyer or a medical license for a doctor – it allows you to practice in the field, and if you don’t have it you literally can’t show up for work,” Rudesill said.


Electoral College: What to Know About Today's Vote

December 19, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in ABC News about the role of faithless electors in the presidential election. In order for Donald Trump to lose, at least 37 of the 306 electors pledged to him would have to vote for Hillary Clinton or another candidate instead. Congress has the final say, however.

"Even if there were 37 faithless electors, ultimately what matters is what Congress does on Jan. 6 [when it counts electors' votes],” Foley said.


Yes, It’s Possible to Delay Electoral College Vote. Here’s What Would Have to Happen

December 15, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in LawNewz about efforts by more than 40 electors to postpone the Electoral College vote until they receive a full intelligence briefing on any alleged ties between President-elect Donald Trump and Vladimir Putin. Theoretically, Congress would have to pass a law -- which would then head to President Barack Obama’s desk -- in order to defer the vote.

“I’m unaware of any previous presidential election in which the date for the meeting of the electors was changed by Congress after the date on which the electors themselves were appointed (i.e., the date that citizens had cast their popular votes in the presidential election) had occurred,” Foley said.


The continuing investigation into the world of e-cigarettes

December 12, 2016

Featured Expert: Micah Berman

Professor Micah Berman’s latest op-ed for The Hill explores the federal government’s ongoing investigation into the use of e-cigarettes. According to a recent report issued by the U.S. Surgeon General, e-cigarette use among youth poses “a major public health concern.” The report, Berman argues, should be a call to action at the federal, state and local levels.

“One immediate step that state and local governments can take is limiting the sale of tobacco products, including e-cigarettes, to adults over the age of 21, as more than 200 communities around the country have already done,” Berman writes. “Because in most places e-cigarettes are available to anyone 18 or older, even high school seniors can purchase them, simplifying wide distribution to teens. Raising the age to 21 makes it much more difficult to for teens to obtain e-cigarettes, and we know if that use can be delayed beyond the high school years, it is far less likely to occur.”

Berman holds a joint appointment with The Ohio State University Moritz College of Law and the College of Public Health.


The Law Might Actually Allow Electors to Get Intel Briefing About Putin/Trump Connections

December 12, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in Law Newz about a recent letter penned by ten electors to the Electoral College that requests a full intelligence briefing on any ties between President-elect Donald Trump and Vladimir Putin. The electors also requested evidence from Trump and his staff advisors that they didn’t accept any Russian interference throughout his campaign.

According to Foley, such requests are unprecedented. Special privileges to electors-- in particular, the opportunity to make any demands of the president-elect -- aren’t outlined in the Constitution.

“There is no precedent for this type of request in any of my studies of presidential elections,” Foley said.


The Law Might Actually Allow Electors to Get Intel Briefing About Putin/Trump Connections

December 12, 2016

Featured Expert: Dakota S. Rudesill

Professor Dakota Rudesill was quoted in Law Newz about a recent letter penned by ten electors to the Electoral College that requests a full intelligence briefing on any ties between President-elect Donald Trump and Vladimir Putin. The electors also requested evidence from Trump and his staff advisors that they didn’t accept any Russian interference throughout his campaign.

“[A]s a general national security matter, elected government officials who do not normally get classified information – and that would include electors – and even private sector actors can be granted interim security clearances and then access to particular classified information,” Rudesill said. “It happens with some regularity in other contexts, such as law enforcement or intelligence matters involving multiple levels of government. The Director of National Intelligence (DNI) is a key actor in that interim security clearance process, and potentially so too would be the President. That is because as a matter of law and practice the Executive Branch’s classification authority and control over classified information inside the executive branch ultimately reside with the President, and the DNI is the central subordinate figure regarding both classification and intelligence matters.”


Abortion bans unlikely to receive court support

December 12, 2016

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in the Dayton Daily News about two abortion bills in Ohio that await Gov. John Kasich’s signature. One would ban abortions after the presence of a fetal heartbeat (typically around the sixth week of pregnancy), while the other would prohibit abortions after 20 weeks.

It is likely that the Supreme Court will invalidate both abortion bills, as five justices remain committed to Planned Parenthood v. Casey, a 1992 ruling that found a state cannot place an undue burden on a woman seeking an abortion. Planned Parenthood v. Casey would likely “still hold after Justice Scalia’s replacement,” Spindelman said.  


Abortion bans unlikely to receive court support

December 12, 2016

Featured Expert: Ruth Colker

Professor Ruth Colker was quoted in the Dayton Daily News about two abortion bills in Ohio that await Gov. John Kasich’s signature. One would ban abortions after the presence of a fetal heartbeat (typically around the sixth week of pregnancy), while the other would prohibit abortions after 20 weeks.

Colker described the fetal heartbeat bill as “dead on arrival” before the Supreme Court. "[J]ustice Anthony Kennedy seems pretty committed to abortion rights,” she said.

 

 


Jill Stein Needs to Stop Colossal Failure Recount Effort, and Give Millions Back to Duped Donors

December 9, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was requoted in Law Newz about Green Party presidential nominee Jill Stein’s efforts to raise millions of dollars for election recounts in Michigan, Wisconsin and Pennsylvania. According to Foley, Stein had little evidence in Pennsylvania to support her claims that the state’s election results were illegal.

“Votes have to be counted fairly … but that does not guarantee anybody a right to a recount,” Foley originally told The Huffington Post.


Jill Stein Is Not Defrauding Recount Donors. But She’s Not Being Totally Honest Either

December 8, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Huffington Post about Green Party presidential nominee Jill Stein’s efforts to raise millions of dollars for election recounts in Michigan, Wisconsin and Pennsylvania. According to Foley, there isn’t much evidence to support Stein’s claims that Pennsylvania’s election results are illegal.

“Stein is going to federal court because she really doesn’t have any chance of prevailing” in state court, Foley said.


Rogue Electors Won't Stop Trump Presidency, Could Affect State Laws, Constitution

December 8, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in TheStreet about the unprecedented number of faithless electors who are expected to cast their vote against President-elect Donald Trump in December. There is no federal law requiring electors to heed their respective state's’ popular vote, according to Foley.

"That issue remains unsettled as a matter of federal law," he said.


Plenty of hurdles left for Heartbeat Bill on abortion

December 7, 2016

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in ABC6 about Ohio’s recent Heartbeat Bill, which bans abortions after six weeks of pregnancy. This marks the first time that the bill – one of the strictest of its kind in the country – has been passed in both the House and the Senate.

"There's not much constitutional doubt on this question," Tokaji said. "This kind of bill is unconstitutional."


CFPB on Collision Course with Trump's Justice Department

December 7, 2016

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in National Mortgage News about the future political independence of the Consumer Financial Protection Bureau (CFPB) under President-elect Donald Trump’s administration.

In October, the District of Columbia U.S. Circuit Court of Appeals ruled that the CFPB’s single-director structure violates the Constitution’s separation of powers doctrine. Although Title X of the Dodd-Frank Act grants the CFPB the authority to pursue litigation to the Circuit Court level, the agency has to file a written request to the U.S. Attorney General regarding any appeals to the Supreme Court. The Trump administration could theoretically block any of the agency’s attempts to appeal to the high court.

In the meantime, the CFPB has requested an en banc rehearing before the D.C. Circuit. If the CFPB succeeds, appeals to the Supreme Court, and the high court grants certiorari, the court would probably assign an amicus defendant to the case, Shane said.

"The same thing really happened in the DOMA cases, where the Supreme Court allowed members of the House of Representatives who wanted to defend DOMA to do so," Shane said. "Perhaps Congressional Democrats or other intervenors would ask for leave to defend the CFPB."


Recounts barely making dent in election results; Trump gains in Wisconsin

December 7, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in Fox News about recount efforts in Michigan, Pennsylvania and Wisconsin. Nearly one-third of Michigan’s precincts could be disqualified from the recount, according to officials, as state law prohibits precincts whose poll books don’t match with ballots from participating.

“They are not going to affect the decision, but the discrepancy certainly warrants further investigation,” Foley said. “Even if it did change the results in Michigan, it still wouldn’t matter because Clinton needed to win all three states to surpass Trump in the Electoral College.”


Are Democrats Wasting Their Time Taking On the Electoral College?

December 7, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Atlantic about ongoing efforts to abolish the Electoral College as well as attempts to persuade electors to reject President-elect Donald Trump when they vote for president in December.

“There is very little indication that the political will currently exists for either of these scenarios to come to pass,” Foley said. “For the Electoral College to repudiate Trump, there would have to be a groundswell of Republicans turning against Trump that we have not seen happen within the party. As for abolishing the Electoral College, it’s extraordinarily difficult to amend the Constitution, and despite the fact that a majority of Americans support the idea, we have never been able to pass an amendment to achieve that.”


Most states would recount Michigan's mismatched ballots despite flaws

December 7, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in the Detroit Free Press about Michigan’s recount law. According to Michigan state law, precincts are excluded from a recount if "the number of ballots to be recounted and the number of ballots issued on Election Day as shown on the poll list or the computer printout do not match and the difference is not explained to the satisfaction of the board of canvassers." The law is more restrictive than many other recount laws nationwide.

"In most states, if it's only off by one or two, it's usually poll worker error and absent any other evidence of fraud or impropriety, they'll treat the ballots as valid," Foley said. "The thinking is that those mistakes even out. Michigan is sort of out of step with that prevailing practice."


Ohio Supreme Court rules that police dashcam videos are public records

December 6, 2016

Featured Expert: Dennis Hirsch

Professor Dennis Hirsch was quoted in an article that appeared in The Christian Science Monitor concerning the Ohio Supreme Court's ruling that police dashcam videos are public records. Ohio police must now make limited redactions on a case-by-case basis as the law allows, rather than withholding videos in their entirety.

"This case involved dash-cams, but increasingly, localities in Ohio are adopting body-cams, and I don’t see any distinction there," said Professor Hirsch. "The precedent here would likely hold for body-cams in the same way that it applies to cameras on the dashboard."


What Jill Stein really wants is an audit, not a recount

December 6, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in Business Insider about recount efforts in Pennsylvania, Wisconsin and Michigan. The recounts, led by Green Party nominee Jill Stein, are meant to double-check the security and accuracy of the election.

"Given that she states her goal is accuracy and verification, that sounds like the language for an audit," Foley said. "She’s calling for a recount to perform the function of an audit."


Experts: Federal ruling ties hands of Michigan courts on recount

December 5, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Detroit Free Press article discussing a federal judge's ruling  in the on the Michigan presidential vote recount. He told the news outlet that while he agreed that a federal judge's ruling on constitutional grounds takes precedence over a state court ruling, he wouldn't rule out that the Michigan Supreme Court might issue an order to halt the recount — in conflict with Goldsmith's ruling — if the state court felt strongly that Goldsmith misinterpreted constitutional law.

Goldsmith's order relates to the Board of State Canvassers, so the order itself does not directly bind the Michigan Supreme Court, Foley said. If there are conflicting orders, further judicial review would be needed, likely by the U.S. 6th Circuit in the first instance. Goldsmith's order appears to be an attempt to "take control of the situation" with the recount, he added.


The recount war: why Stein, Trump supporters are fighting out it in court

December 4, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Christian Science Monitor about the unlikelihood that presidential vote recounts in Michigan, Pennsylvania, and Wisconsin would be overturned in favor of Democratic Presidential Nominee Hilary Clinton in all three states.

Clinton would have to have the results overturned in all three states combined in order to overturn Trump’s victory, the likelihood of which is “essentially zero or infinitesimal," Foley told The New York Times.


Trump supporters seek to block recounts

December 3, 2016

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article that appeared in the Dayton Daily News about the unlikelihood that recounts in the states of Wisconsin, Michigan, and Pennsylvania would all turn up new results in the 2016 presidential election. Democratic Presidential Nominee Hilary Clinton would need to win all three states in a recount to secure the presidency.

"The chance of a change of results in all three, which would be a change in the results of the presidential election, is precisely zero,” Professor Tokaji said. “I think the best advice for the public watching all this is ‘take a deep breath.’”


Can Trump’s Defenders Stop Stein's Recounts?

December 2, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Atlantic in an article discussing President-Elect Donald Trump's allies' work to stop election recount attempts initiated by Green Party presidential nominee Jill Stein in Wisconsin, Michigan, and Pennsylvania.

“From strongest to weakest where strongest means most likely to stop the recount effort, I would rate them Pennsylvania, then Michigan, then Wisconsin,” Foley said, while cautioning that it’s difficult to predict exactly what will happen. “The hardest case to stop the recount seems to be Wisconsin since the federal claims in federal court are more novel and unusual."

But “as a practical matter, even if these recount efforts caused any of these states to bump up against federal election deadlines, I think all three states will end up being counted for Trump, and I don’t foresee this affecting the inauguration," he added.


Trump Backers Go to Court to Block Vote Recounts in 3 States

December 2, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The New York Times in an article on President-Elect Donald Trump and his allies' attempts to stop recount efforts in Michigan, Pennsylvania and Wisconsin. Foley told said there was no comparison between this recount and the 2000 Florida impasse between George W. Bush and Al Gore. “It was quite plausible that Gore might prevail in a recount," he said, adding that the chance that these state recounts could reverse the outcome of the 2016 election was “essentially zero or infinitesimal.”


Donald Trump’s Electoral College Win and the Enormous Hurdles for Reversal

December 2, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Wall Street Journal about the National Popular Vote Interstate Compact, an agreement among a group of states to award all their electoral votes to the national popular vote winner no matter who wins in the state. So far, 10 states plus the District of Columbia have signed on in support of the bill, which would do away with the current Electoral College in favor of a popular vote system.

“Until a court tells us which is the right argument, we’re in uncharted waters,” Foley said of the issue.


Death row inmate petitions Kasich for clemency

December 1, 2016

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in an NBC4 article about Ohio death row inmate Ronald Phillips' request to Gov. John Kasich for clemency as Ohio could be using an untested cocktail of drugs. All executions were put on hold in 2014 following a botched execution attempt. The state reportedly now has some of the drugs needed to resume lethal injections.

"My understanding is they may have acquired the Midlazadam not from a compounding pharmacy from some other source and that itself has been an ongoing uncertainty," Berman said. "Everybody agrees we don’t want to make the condemned murderer tortured on the process to death, no dispute we want it to be as humane an execution as possible."


Chicago’s Not-Too-Distant Nazi Past

November 30, 2016

Featured Expert: David A. Goldberger

Professor David Goldberger was featured in Chicago magazine in a Q&A about Nazi ideology in America, the First Amendment and his experience working for the American Civil Liberties Union. Goldberger argued on behalf of Frank Collin, head of the National Socialist Party of America (NSPA). Collin and the NSPA, an outgrowth of the American Nazi Party, fought for the right to protest in Chicago.

“The Chicago Park district began to block [Collin’s] access [to public spaces]. He came to the ACLU, and we sued the Chicago Park District successfully to have that restriction invalidated. He then asked us to represent him in dealing with getting a permit to hold a parade,” Goldberger said. “Our position at the ACLU was he has a First Amendment right, so we basically represented him in getting the permit. [After he was arrested for marching,] we represented him in criminal proceedings. He was acquitted because it was pretty clear to the judge—who had the guts to do it, I must say—that it was classic First Amendment activity.”

 


Recount, 'faithless' electors unlikely to thwart Trump

November 28, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in Deutsche Welle about the unlikelihood of recounts or "faithless" electors changing the outcome of the 2016 presidential election. "The odds of that happening are infinitesimal (next-to-none)," he said. "Statewide recounts usually change no more than a hundred votes or so, and the tightest margin of the three key states, Michigan, is at last look around 10,000 votes.”

There is no historical precedent for such a move, Foley told the news outlet. Even if that many electors were to switch their votes, Clinton would still not become president because Congress would have to accept the results. "As long as the Trump campaign were able to submit to Congress an alternative to the votes of the faithless electors, Congress could choose to accept the Trump submission, rather than the submission on behalf of the faithless electors," he said. "It seems highly unlikely that Congress would favor the faithless electors rather than Trump."


Ohio State community shaken following violent attack on campus

November 28, 2016

Featured Expert: Dakota S. Rudesill

Professor Dakota Rudesill was quoted in an article that appeared in The Lantern about a violent attack that occurred on The Ohio State University's main campus on Nov. 28. He told the news publication that people needed to be cautious in calling this a terrorist attack before all the facts were in.

"I think people should exercise enormous caution based on only a few data points. People need to exercise caution," he said. "Even if we were to determine in some way (this attack was an act of terror), people need to be extremely cautious in linking this individual with larger groups...It’s awfully important for people to differentiate between circumstantial, which could be religious affiliation or ethnicity, and direct factors, like a statement of intent or communication with an individual involved with a terrorism group."


Donald Trump’s surveillance state: All the tools to suppress dissent and kill free speech are already in place

November 27, 2016

Professor Margot Kaminski was quoted in Salon about President-elect Donald Trump’s surveillance powers. Citizens are less likely to protest, speak out against the government, or act in a political manner if they feel like they are being watched or monitored, she said.

“There’s fairly significant evidence to back the idea that when you think you’re being watched you tend to conform, in large part because humans are fairly conformist animals, and we like making sure that our neighbors don’t hate us,” Kaminski said. “This is the reason the Stasi established its version of a surveillance state in East Germany, because if people think they’re being watched all the time, they’re more likely to move toward the mean, which means less dissent.”
 


What's next in the Wisconsin recount

November 27, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Hill for a story on recount efforts in Wisconsin  led by Green Party presidential nominee Jill Stein following the 2016 election. Experts voiced concern that if the recount wasn't finished by Dec. 19 when the Electoral College met to vote, Wisconsin's electoral votes could be at risk.

"That is a hard deadline and if a state were to miss that deadline, it would be technically in jeopardy of not having its electoral votes counted," Foley said.


Historic recount will have to move quickly

November 27, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article that appeared in the Journal Sentinel on why the Wisconsin presidential vote recount would have to move swiftly in order for its electoral votes to count. Foley said the most important deadline the recount is up against is Dec. 19, the day members of the Electoral College meet to cast their votes for president.

"That is a hard deadline and if a state were to miss that deadline, it would be technically in jeopardy of not having its electoral votes counted," he said. If the recount isn't finished by that time, electors from Wisconsin could meet anyway and try to have their results sent to Congress by the time it counts the votes on Jan. 6, Foley added.


With recounts looming, Trump adds new administration picks

November 26, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article that appeared on HighburyClock about recount efforts filed by Green Party Presidential Nominee Jill Stein following the 2016 presidential election. He said although the Electoral College will meet to cast its votes Dec. 19, if any recounts weren't finished by that time, electors from those states could meet anyway and have their results sent to Congress by the time it counts electoral votes on Jan. 6.


Ballot rules, hacking theories and recounts — why the U.S. election drags on

November 26, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a CBCNews article about recount efforts in the 2016 U.S. presidential election and the possibility that voting results could have been hacked. He told the news outlet that the odds of the election being hacked were "zero or close to zero," and that if hackers did indeed try to influence the outcome of the vote, the results wouldn't have been as consistent across the states and that likely hackers would have gone after bigger states like Florida and North Carolina. "Do I think there was a problem with the count? No, I don't see any reason to think that," he said.

When asked why it seems the vote count process takes so long, Foley said, "Since the 2000 election of Bush versus Gore ironically enough, some of the reforms, and well-intentioned and positive reforms, have had an unfortunate byproduct of delaying the counts."


At least 399 votes not counted because voter didn't provide valid ID

November 23, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted by The Journal Times in an article about the 399 votes in Wisconsin that weren't counted because voters did not provide a valid photo ID. He told the news outlet that the federal courts might not be sympathetic to a voter who didn’t make an effort to get a voter ID, but if there’s evidence that they tried and were unsuccessful, “that might signal there are a group of Wisconsin voters who would have been protected by the more generous Texas system,” he said. Texas reportedly gave voters without an ID the opportunity to sign an affidavit saying they were unable to obtain one.

"The federal judicial system is searching for an appropriate safety net, that means no proper voter will be disenfranchised by a genuine voter ID law,” Foley said. “This is important evidence to what extent is it being a barrier.”


Donald Trump video outlines first 100 day plans

November 22, 2016

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted on Fox28 about Donald Trump’s latest video outlining plans for his first 100 days in office.

"Take immigration for example, one of the cornerstones of the Trump campaign, not just building the wall, but reversing some of President Obama's actions on immigration, in particular the protection of the immigrant children," Tokaji said. "There will be a big backlash from the growing Latino population if he acts too aggressively on that, something that could hurt the Republican Party for decades."


Donald Trump video outlines first 100 day plans

November 22, 2016

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an ABC6 story on President-Elect Donald Trump's plans for his first 100 days in office, which he released to the public via video on Nov. 21.

"You can never attain every single thing that you set out to accomplish, like the constitutional amendments proposing term limits? Come on, that's not going to happen. We know that going in, but we can accomplish some of the things," Tokaji said. "Take immigration for example, one of the cornerstones of the Trump campaign, not just building the wall, but reversing some of President Obama's actions on immigration, in particular the protection of the immigrant children, there will be a big backlash from the growing Latino population if he acts too aggressively on that, something that could hurt the Republican Party for decades."

Concerning Trump's claims during his campaign that he would appoint a special prosecutor to examine Hillary Clinton's actions, Tokaji said Trump wouldn't have the personal authority to do that, but whoever he selects as attorney general could. "The president would have some authority respective to a special prosecutor being appointed, but I think everyone recognizes it would be setting an incredibly dangerous precedent if we have new presidents turn around as soon as they're elected and pursue the prosecution of their former political adversary."


Judges Find Wisconsin Redistricting Unfairly Favored Republicans

November 21, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The New York Times about a new court ruling that found the Wisconsin Legislature’s 2011 redrawing of State Assembly districts in favor of Republicans was an unconstitutional partisan gerrymander. According to the 2-1 ruling by the United States District Court for the Western District of Wisconsin, the state Legislature violated both the First Amendment and the Equal Protection Clause of the 14th Amendment.

“Nobody has come up with a standard to measure constitutionality — how to distinguish between malevolent, evil partisanship that’s manipulative, versus the natural advantage one party might have as a result of where voters happened to live,” Foley said.


Judges Find Wisconsin Redistricting Unfairly Favored Republicans

November 21, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The New York Times following the findings of three federal judges that the Wisconsin Legislature’s 2011 redrawing of State Assembly districts to favor Republicans was an unconstitutional partisan gerrymander.

“Nobody has come up with a standard to measure constitutionality — how to distinguish between malevolent, evil partisanship that’s manipulative, versus the natural advantage one party might have as a result of where voters happened to live,” he said.


Obama-Era Court Fights Become Mission Impossible After Trump Win

November 17, 2016

Featured Expert: Christopher J. Walker

Professor Chris Walker was quoted in Bloomberg about the policies introduced during the Obama administration -- especially pertaining to health care, the environment, and the financial industry -- that could be reversed after Donald Trump assumes office.

"I don’t think the entire Obama legacy is going to be undone in a month, but there’s a chance for some pretty substantial chipping away of his hallmark legislation," Walker said. "A fair amount of these rules could be unwound pretty quickly."


Ex-Officer Awaits Decision on Retrial in Fatal Shooting

November 14, 2016

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted The Associated Press about the recent mistrial of Ray Tensing, the former University of Cincinnati police officer who fatally shot an unarmed black man, Samuel DuBose, last July. Tensing was charged with murder and is awaiting a decision as to whether he will be retried. According to Simmons, prosecutors examine the number of jurors either favoring acquittal or conviction while determining whether to retry a case.

"If it is 11 to one for acquittal, you probably wouldn't want to do it again," Simmons said.


Obama's Hundreds of Executive Orders, Under Trump Microscope

November 14, 2016

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in The National Law Journal about the 258 executive orders issued during President Barack Obama’s administration that President-elect Donald Trump will now examine as he transitions into office.

According to Shane, “misleading verbiage” throughout the election portrayed much of what Obama enacted as an executive order, even though efforts like the Clean Power Plan were actually enacted by regulation instead.


Ex-officer awaits decision on retrial in fatal shooting

November 14, 2016

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in an AP article concerning the case of a white Ohio police officer charged with murder for fatally shooting an unarmed black man during a traffic stop in July 2015. The racially charged trial ended in a mistrial this month after the jury reported it could not agree on a verdict. Prosecutors had not yet said whether they would retry the case.

Simmons told the AP that when prosecutors are deciding whether or not to retry a case they look at the number of jurors who favored acquittal or conviction. "If it is 11 to one for acquittal, you probably wouldn't want to do it again," he said. Simmons added that the prosecutors' decision on whether to give up or keep going on a particular case can also send a message to the community about how serious they were about the case.


After fraught election, questions over the impact of balky voting process

November 12, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Boston Globe about the integrity of voting rights protections in a Trump Administration.

“I don’t think the sky is going to completely fall on voting rights,” Foley said. “My instinct is that the system is going to essentially protect voters from outright disenfranchisement.”


Another Perspective: No need to spend trillions; present forces can deal with any enemy

November 12, 2016

Featured Expert: John B. Quigley

Professor John Quigley’s latest article for The Gainesville Sun examines the hefty price tag of the country’s defense budget.

“The Cold War's end was expected to produce a so-called peace dividend that would allow us to devote our hard-earned cash to things that make life better, like bridges that do not collapse and water systems that deliver a liquid one can actually drink,” Quigley writes. “But President Barack Obama's defense budget request for fiscal year 2017 reads like something out of ‘The Hunt for Red October.’”


Lawsuits cloud Trump’s transition to presidency

November 11, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in the Financial Times about how the six dozen lawsuits filed against Donald Trump might influence his transition into the White House. Foley referenced how the lawsuits filed against former president Bill Clinton impacted the rest of his time in office.

“It wasn’t just a distraction. Many people thought the Lewinsky scandal crippled the end of his presidency,” Foley said. “Historians have talked about the fact he had to devote a certain amount of his attention to dealing with the sexual harassment lawsuit. It was a significant issue on his mind and his conscience.”


Converts To Trump

November 11, 2016

Featured Expert: David Stebenne

Professor David Stebenne’s latest blog post for The Huffington Post explores why white evangelical Christians and white Catholics voted in large for Donald Trump.

“White evangelicals and white Catholics - older ones especially - appear to have responded positively to his overall campaign theme of ‘Make America Great Again,’” Stebenne writes. “To them, that phrase implies a return to the kind of country and culture in which Trump grew up, which was more economically populist and morally traditional.”


Trump May Be off the Hook From All Those Lawsuits, at Least for Now

November 10, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in LawNewz about the pending lawsuits against Donald Trump.

“[T]he judiciary will want to look to the principle that no one is above the law,” Foley said. However, “there is “the risk of a civil lawsuit being a genuine distraction such that it outweighs the interests of the litigants in the civil suit.”


How the Supreme Court could change during Trump's presidency

November 9, 2016

Featured Expert: Ruth Colker

Professor Ruth Colker was quoted in WBNS-10TV about the Supreme Court's vacant seat and how issues like gay marriage and affirmative action could be impacted by a new justice.

“Overturning Roe versus Wade is a pretty radical step, it’s been on the books since 1973,” Colker said. “I think we can expect the court to approve more restrictions on abortion. Were Trump to get two appointments on the court, would affirmative action be declared unconstitutional? I can well imagine that.”


Trump campaign files lawsuit against Nevada election officials, claiming polls were kept open 2 hours late

November 8, 2016

Featured Expert: Edward B. Foley

An article written by Professor Edward Foley about keeping polls open for voters was quoted in Business Insider regarding a lawsuit filed against Nevada election officials by Donald Trump’s campaign. The lawsuit claims polls were kept open late during early voting.

"It's one of the most basic principles of electoral democracy," Foley wrote. "If you go to the polls when they are open, and you are a registered and qualified voter, then as long as you wait in line, you are entitled to cast your ballot even if the line is so long that you must wait until after the scheduled time for the polls to close."


An ‘I Voted’ Sticker Can Get You Free Stuff, but It Shouldn’t

November 8, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The New York Times about how free giveaways to voters wearing “I Voted” stickers are technically illegal. Free transportation to polling sites shouldn’t pose a legal issue Foley said, but is still up for debate.

“You can have an extended law school class discussion about exactly what is the difference between driving someone to the polls when it would cost them several dollars to get there versus just giving them $5 outright,” Foley said. “That’s a slippery slope, to use a term law professors like to use a lot.”


Could the Election System Derail, Again?

November 8, 2016

Featured Expert: Edward B. Foley

 Professor Edward Foley spoke to The National Law Journal in a Q&A about how closely this year’s presidential election could mirror 2000’s Bush v. Gore.

"I do think it could happen again," Foley said. "The good news is it's unlikely to happen for another century or so."


Marijuana Laws on Ballot Measures Across the Country

November 8, 2016

Featured Expert: Douglas A. Berman

Professor Doug Berman appeared on Bloomberg Radio’s “Bloomberg Law” to talk about the range of marijuana-related measures on ballots nationwide on Election Day.


Hillary Clinton will gain votes after Election Night. Here’s why.

November 8, 2016

Featured Expert: Edward B. Foley

An article written by Professor Edward Foley and Charles Stewart III, the Kenan Sahin distinguished professor of political science at MIT and co-director of the Caltech/MIT Voting Technology Project, appeared in The Washington Post.

“Of course, the 2000 election showed that the result might not be settled so quickly. Considering how tight the polls have been, one or two battleground states may be too close to call Wednesday morning,” they write. “That would be good news for Hillary Clinton’s chances. She’ll probably take more of the mail-in and provisional ballots that can’t be counted until the days and weeks after the election. Whatever her vote share tonight, it will probably increase in the weeks to come."


What Happens If You’re In Line When The Polls Close? You Can Probably Still Vote, So Don’t Panic

November 8, 2016

Featured Expert: Edward B. Foley

An article written by Professor Edward Foley on Medium about long lines at polling places on Election Day was requoted in Bustle.

"If you go to the polls when they are open, and you are a registered and qualified voter, then as long as you wait in line, you are entitled to cast your ballot even if the line is so long that you must wait until after the scheduled time for the polls to close," Foley writes.


Donald Trump tried to sue a Nevada county that let polls stay open so people could vote

November 8, 2016

Featured Expert: Edward B. Foley

An article written by Professor Edward Foley was mentioned in Vox regarding the suit filed against the Clark County, Nevada registrar by Donald Trump’s campaign. The lawsuit, since rejected, alleged that the registrar allowed the polls to stay open for early voting.

“It’s one of the most basic principles of electoral democracy: if you go to the polls when they are open, and you are a registered and qualified voter, then as long as you wait in line, you are entitled to cast your ballot even if the line is so long that you must wait until after the scheduled time for the polls to close,” Foley writes.

 


McCrory And Cooper Race Still Undecided: Now What?

November 8, 2016

Featured Expert: Steven F. Huefner

Professor Steven Huefner appeared on North Carolina Public Radio - WUNC to explain the provisional ballot process. The race for North Carolina’s governor is still undecided, with a margin of about 5,000 votes separating Republican incumbent Pat McCrory from Democratic challenger Roy Cooper. County boards will meet to conduct a provisional ballot count.


Election Day 2016: How Are Votes Counted?

November 8, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in LiveScience about how votes are counted as they roll in on Election Day.

"There's a certification process, called canvassing, of the returns, to double-check and triple-check their accuracy," Foley said.


Justice Department Staffers Monitor Polls on Election Day

November 8, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was mentioned in CBN News about how more than 500 Justice Department staffers will be monitoring polling stations for civil rights violations.

"Observation at the polls should not cross the line into intimidation, that's key," Foley said.


What Happens if Donald Trump Loses and Won't Concede?

November 8, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in NBC News about next steps should Donald Trump lose the election and refuse to concede.

"The concession speech itself has no legal status," Foley said. "It's more part of this cultural expectation.”


Can the Supreme Court handle a disputed election?

November 7, 2016

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in POLITICO about hypothetically, what could happen if a deadlocked Supreme Court -- short one justice -- can’t resolve any legal disputes resulting from Election Day. If the Supreme Court splits 4-4 on any issues, federal appeals courts or state supreme courts could become final arbiters, as their underlying rulings would stand.

“What litigants would do is bring their claims according to which court they think is likely to be more favorable to them,” Tokaji said. “If you’re a Democratic lawyer and you’re in a jurisdiction with an unfriendly state supreme court you could try to head towards the circuit court by framing a claim under federal law. And vice versa for Republican lawyers.”


Democratic Elector May Upset Election Process by Refusing to Vote Clinton

November 7, 2016

Featured Expert: Edward B. Foley

An Election Law expert commentary written by Professor Edward Foley about faithless electors was quoted in LawNewz.

“The idea of the ‘electors present’ filling a ‘vacancy’ suggests that this replacement power is limited to the situation where an elector does not show up for the Electoral College meeting, either because of death or refusal to act or neglect to attend,” Foley writes. “It doesn’t seem to apply to the situation in which a duly appointed elector does show up and is willing to pay the $1000 civil fine for breaking the pledge.”


How ‘faithless electors’ are messing with our electoral maps, explained

November 7, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley’s projections of the ways in which Hillary Clinton could win the election with 270 electoral votes were mentioned in The Washington Post. If there is one faithless elector, Clinton would need 271, not 270 electoral votes and so on.


Justice Department to monitor polls in 28 states on Election Day

November 7, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Christian Science Monitor about the Justice Department’s efforts to monitor polling places in 28 states on Election Day for voter intimidation and civil rights violations.

"Observation at the polls should not cross the line into intimidation, that’s key," Foley said. "But observation by both sides is a good thing."

 


This is what happens if you're still in line to vote when the polls close

November 7, 2016

Featured Expert: Edward B. Foley

An article written by Professor Edward Foley on Medium about what happens to voters still standing in line when the polls close was quoted in Business Insider.

"It's one of the most basic principles of electoral democracy," Foley writes. "If you go to the polls when they are open, and you are a registered and qualified voter, then as long as you wait in line, you are entitled to cast your ballot even if the line is so long that you must wait until after the scheduled time for the polls to close."


Who are you writing in? The overwhelming allure of voting for someone who won't win

November 6, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Washington Post about the popularity of write-in ballots this election year.

“Unless an election comes down to a single vote, no one vote is going to be decisive,” Foley said. “So if I decide to cast my ballot as a write-in, that may be as important symbolically as if I cast a vote for a winner or a loser in a blowout race.”


The closer the race, the more likely a legal challenge

November 5, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in the Associated Press about Donald Trump’s claims that he will contest election results should he lose to Hillary Clinton. If the results are close, the race will likely extend into “overtime,” according to Foley. States technically do not have to declare a winner for several days, but a December 12 deadline set by Congress for states to submit a ratified vote tally means a legal battle won't last past December, he said.

“There are enough parts to our democratic system that I think we can handle one candidate being litigious, if everyone else says it’s over,” Foley said.


When white nationalists show up to 'monitor' the polls

November 5, 2016

Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in The Christian Science Monitor about the prospects of white nationalists showing up at polling places to patrol for signs of election rigging.

“The only way you’re going to succeed in stealing an election … is massive absentee ballot fraud or being an insider who perverts the system,” Huefner said.


The election might not end on Tuesday night — and that’s okay

November 4, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley’s latest op-ed in The Washington Post explores why there is no need to be alarmed should the results of the presidential election remain undecided after election night. The article was co-written with Charles Stewart III, a political science professor at the Massachusetts Institute of Technology and co-director of the Caltech-MIT Voting Project

“After all that’s happened in this bizarre election, we need to brace ourselves for the chance that it might not end on election night, or even the next morning. The risk of that happening is higher than it used to be — and higher than most of us realize,” they write. “This is not reason to panic. No one wants to relive the 2000 recount, but the good news is that we don’t have to.”


Voters Can Change Early Ballots in Some States, But Not in Ohio

November 4, 2016

Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in WOSU about why Ohio election laws prohibit voters from changing their early vote ballots after they have been cast.

“It’s a more complicated election system if you choose to allow that kind of change,” Huefner said. “You have to make arrangements so that election workers can be confident that they’re not counting one voter’s vote multiple times.”


Why John Roberts blocked an execution

November 4, 2016

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in CNN about Chief Justice John Roberts’ recent decision to hold a pending execution in Alabama. In an unusual turn of events, Roberts said in a statement that his decision was not based on whether the inmate’s case required court review.

"I am inclined to guess the Chief thought it particularly useful to showcase this particular kind of collegiality at this particular moment," Berman said.


Democrats, Trump lawyers going to court early -- and often

November 4, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in CNN about how lawyers on both sides of the presidential race are already filing legal briefs ahead of any anticipated challenges on Election Day.

"Lawsuits filed now to thwart intimidation at the polls on Election Day have a kind of 'table-setting' function," Foley said. "They also put the named defendants on notice that if they actually engage in activities that might constitute unlawful intimidation, then those defendants are potentially subject to contempt-of-court sanctions."


Voters Can Change Early Ballots in Some States, But Not in Ohio

November 4, 2016

Featured Expert: Steven F. Huefner

Professor Steven Huefner appeared on WKSU to talk about how Ohio’s election laws prohibit voters from changing their early vote ballots after they have already been cast.


Why Too Many Older Adults Face Voting Obstacles

November 3, 2016

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in Next Avenue about the unique challenges elderly voters face each election season, including residents of assisted living facilities or nursing homes.

“One of the big issues for at least some elderly voters is mobility even if it’s possible for them to travel to the polls on election day, especially if that means the prospect of waiting in line for some unknown period of time," Tokaji said. "The question will arise whether [residents] have the [cognitive] capacity to vote, and if there’s some uncertainty, who winds up being the decider? It could be decided by the health care provider, for better or worse.”


Miss. Church Burning Comes Amid 'Increasingly Inflammatory' Campaign Rhetoric

November 3, 2016

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in ABC News about Hopewell Missionary Baptist Church, the black church vandalized with “Vote Trump” graffiti and set on fire in Mississippi earlier this week.

"We've got increasingly inflammatory rhetoric, much of which has a racist, sexist, nativist tone to it. I just don't think there's any doubt about that, and I don't think it's just the candidates,” Tokaji said. “It's clearly permeating many citizens as well."


Judge Orders RNC to Detail Poll-Watching Deals

November 2, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley appeared on Bloomberg Radio to discuss a judge’s recent order for the Republican National Committee to reveal any poll-watching deals it made before the general election.


Early voting: Hot topic could leave partisans cold

November 2, 2016

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji’s latest op-ed for CNN explores the contentious issue of early voting.

“As more and more people vote before Election Day, the significance of early voting is moving beyond the realm of lawyers and academics; it also raises some fundamental questions for everyday Americans about how we should conduct elections in this country,” Tokaji writes. “It's worth asking what effect early and absentee voting have. Does pre-election voting increase voter turnout? Does it change the composition of the electorate? And does it affect people's choice of candidate?”


Clinton, Trump prepare for possibility of election overtime

November 1, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in the Chicago Tribune about the narrowing race between Hillary Clinton and Donald Trump, and whether Clinton would choose to concede or take legal action should she lose any battleground states.

"If the perception is we're heading into a close election and it actually is close, then you'd have the sense that the candidates — maybe on both sides — would say, 'Well, we've really got to make sure we look at every ballot,''' Foley said.


Will Zombie Voters Tip the Scales in 2016? No, but They Have in the Past

October 30, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Daily Beast about Donald Trump’s claims that deceased individuals still registered as voters will help rig the election against him this year. Since the advent of safeguarded electronic voting systems, voter fraud – including the practice of registering deceased voters – has fallen substantially.

“Aggressively purging the voter rolls makes it difficult for eligible people to vote. On the other hand if you leave the names of dead folks or other folks on there too long then that bloats the voter rolls and that’s a problem too,” Foley said. “Frankly, our system is struggling to balance the two.”


Law professors weigh in on role of plea deals

October 30, 2016

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in the Canton Repository about the roles plea agreements and plea bargains play in the criminal justice system.

“It allows for maybe a more nuanced resolution to a case,” Simmons said. “With a plea bargain you can negotiate what charge is appropriate and fashion a sentence more appropriate to this defendant and ... the defendant gets to participate, unlike at a trial (there's) some negotiation."


From Mobilizing to Organizing: Community Organizing in Columbus, Ohio

October 29, 2016

Featured Expert: Amna Akbar

Professor Amna Akbar was quoted in the Harvard Political Review about the People’s Justice Project (PJP) – a statewide collective campaigning for mass incarceration and policing reform across Columbus. Zach Klein, the challenger in the Franklin County prosecutor’s race, contacted PJP regarding their work to build a voting coalition against mass incarceration.

“So his goal is clearly to increase arrests,” Akbar said. “He’s not going to be on the same page as us. He’s going to pretend, but we’re going to have to push him.”


Mich.’s elections designer: No ‘easy path to fraud’

October 28, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Detroit News about efforts Michigan officials have taken to prevent widespread voter fraud. Among the precautions: removing more than 800,000 people from voter rolls who have died or moved out of state since 2011 and requiring voters without photo identification to sign an affidavit under penalty of perjury in order to sign a ballot.

“That’s a pretty good security system for the moment, especially in terms of protecting against hacking,” Foley said.


Legal Skirmishes Erupt Over Voting Rules as Election Day Nears

October 27, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Wall Street Journal about the ongoing legal battles in Ohio, Texas, and Arizona over voting rules, from voter-identification requirements to the voting rights of felons.

“If there ever were a year where the unexpected could come up, this is it,” Foley said.


Who Will Protect You from Drone Surveillance?

October 27, 2016

Professor Margot Kaminski was quoted in MIT Technology Review about the unique privacy issues commercial drones pose as they continue to gain popularity. Although drone industry groups and companies like Amazon released a voluntary set of best privacy practices for drone operators earlier this year, there are “pretty large loopholes baked in” and few incentives to comply, Kaminski said.


DNC Accuses Donald Trump and the GOP of Voter Intimidation

October 27, 2016

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in U.S. News & World Report about a formal legal complaint filed by the Democratic National Committee (DNC) that accuses Donald Trump and the Republican National Committee (RNC) of voter intimidation and harassment.

According to the complaint, the GOP is violating a consent decree that has put the party under court oversight since 1982. The decree was set to expire this year, but could be extended if the court finds Trump is in fact participating in voter intimidation.

"[T]here seems to be a really strong case … I think the RNC is really in a pickle on this," Tokaji said.


Explaining how recounts and contested presidential elections work

October 26, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in Yahoo! News about vote recounts and the history of contested presidential elections. A handful of past elections haven’t been officially determined on election night, he said, including races in 1876, 1884, 1916, and 1960. The article originally appeared on the National Constitution Center’s blog, Constitution Daily.

“Elections, it must be emphasized, do not end on the last day that ballots are cast and the polls close,” Foley said. “They are officially over when the counting of all the ballots has been finally certified.”


The trial of Ray Tensing: Everything you need to know

October 25, 2016

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in The Enquirer about former University of Cincinnati police officer Ray Tensing’s upcoming murder trial in the shooting death of Sam DuBose. Tensing was indicted on charges of murder and voluntary manslaughter, but is seeking to prove that he acted in self-defense.

"Except in situations where someone is inside their home, Ohio law doesn't allow for lethal use of force, unless it's necessary," Simmons said. "If you can avoid it in any way, you have to avoid the taking of a life."


Trump accepting the US election result has little practical consequence

October 25, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in Deutsche Welle about Donald Trump’s assertions that he will not accept the results of the U.S. presidential election if he is defeated.

"It was improper to say what he said and the way that he said it, given the role of a candidate in a democracy for the office that he is seeking,” Foley said. "Most states have what they call automatic or mandatory recounts that get triggered by close margins. I do think the words that he has used suggest some lack of knowledge of the mechanics of the process and how the system works.”


In one corner of the law, minorities and women are often valued less

October 25, 2016

Featured Expert: Martha Chamallas

Professor Martha Chamallas was quoted in The Washington Post about how demographic averages—like  earnings and employment data based on race and gender—oftentimes determine how much compensation victims or their families receive after injuries and accidents. Women and people of color tend to receive less than white or male victims.

Chamallas described the practice as “something Ruth Bader Ginsburg and civil rights advocates [fought] in the 1960s.”


Executions fall along with support for the death penalty; is capital punishment nearing an end?

October 24, 2016

Featured Expert: Douglas A. Berman

A post written by Professor Doug Berman on his Sentencing Law and Policy blog was quoted on the American Bar Association’s website, ABAJournal.com.

The demise of the death penalty nationwide “is largely a product of effective litigation by abolitionists and the work of courts, not really a reflection of a sea-change in public opinion or radical changes in the work of most legislatures and prosecutors in key regions of the United States,” Berman writes.


More troubling than Trump on issue of accepting election results: Americans' feelings on the subject

October 24, 2016

Featured Expert: Edward B. Foley

An excerpt from Professor Edward Foley’s recent article for POLITICO, “What Happens if Trump Keeps Us in Suspense on Election Night” was quoted in MinnPost.

“There’s no question that Trump’s self-centered phrasing— ‘I’ll keep you in suspense’ —is thoroughly inappropriate in a democracy, where the voters are sovereign and candidates are supposed to serve the electorate’s interest,” Foley writes. “And his allegations that the electoral system is pervasively rigged are both entirely divorced from reality and egregiously irresponsible. But would a Trump holdout on election night necessarily be the historical aberration critics are describing? Not exactly.”


The GOP Really Doesn't Want To Hear About Trump And His "Rigged" Election

October 23, 2016

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in WVXU about the damages caused by Donald Trump’s election rigging rhetoric, namely the public’s diminished confidence in a fair voting system.

"There already is this loss of faith,'' Tokaji said. "But Trump, with his claim of a rigged election, has taken it to entirely different level. It's irresponsible."


A post-Thanksgiving presidential concession speech?

October 21, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in McClatchy DC in an article about how long it could take Donald Trump to concede the election, if he loses.

“There’s never a winner or loser on election night, it’s only as a matter of law at the time of certification,” Foley said.


What Happens if Trump Keeps Us ‘in Suspense’ on Election Night?

October 21, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley’s latest article for POLITCO explores the ramifications of Donald Trump’s claims that he could refuse to accept the results on election night.

“It might be a colossal act of vanity for Trump to skip the now routinely accepted concession speech on Election Night, but that wouldn’t itself be reason enough to believe that our democracy is in crisis,” Foley writes. “The trouble would come if Trump really digs in. If he alone claims fraud while everyone else disagrees, then his solitary rants are more pathetic than dangerous. But if the Republican Party as a whole joins Trump in asserting that the results of the election were tainted (unlikely as it seems), that would be an entirely—and far more serious—matter.”


The Election Isn't 'Rigged,' but It's Going to Be Messy as Hell

October 21, 2016

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in VICE about the controversial role that secretaries of state play during election season.

"It's certainly not a best practice," Tokaji said. "If you look at other democracies, they think the way we run elections is crazy, with a partisan secretary of state. There's an inherent conflict of interest between a responsibility to run elections fairly and their partisan interest in helping the party that helped her get elected to office."


Election-rigging rhetoric hints at Trump's post-election plans

October 21, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Globe and Mail about the election of 1876, one of the last (and most) hostile presidential transitions in history.

“In the U.S., we definitely don’t have perfect institutions and we don’t have perfect virtue among politicians. We have been fortunate for a century or so to have an adequate supply of both,” Foley said. “I would like to think that no one individual can destroy the system as a whole.”


Law Professor Recounts U.S. Disputed Elections

October 20, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Harvard Crimson following his presentation at the Kennedy School’s Ash Center for Democratic Governance and Innovation. Foley discussed his book, “Ballot Battles: The History of Disputed Elections in the United States.”

“If we take the full sweep of history, we can see that there is general forward progress with elections,” Foley said. “As a society, we are so much better in the 21st century than we were in the 19th.”


Analysts: Trump's Reluctance to Accept Vote Result Unprecedented

October 20, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in Voice of America about the implausibility of statewide election rigging this year, including the “miniscule” risk of voter impersonation across the country.

"And it's especially unlikely with respect to presidential elections because the way presidential elections work is that they are 50 different state elections,” Foley. “It's not just one big national election. The risk of this is exceedingly low, but it's not zero."


Voting rights and rigged elections

October 20, 2016

Featured Expert: Daniel P. Tokaji

 

Professor Dan Tokaji was quoted in the Montgomery Advertiser about noted civil rights attorney Fred Gray, whose work to combat disenfranchisement helped shape the civil rights movement.

Two of Gray's cases, Gomillion v. Lightfoot (1960) and Smith v. Paris (1966), “laid the groundwork for change,” Tokaji said.


 


Election Law Expert: Rigged Election 'Extraordinarily Unlikely'

October 18, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley appeared on NPR’s Morning Edition to discuss the historical context of rigged elections and the unlikeliness that the general election will be tampered with this year.

“That state would have had to have been targeted ahead of time for rigging, and the attempt to rig it would have to go undetected. That's a lot to happen systematically and under the radar screen,” Foley said. “The new phenomenon is the risk of a cyberattack, and again, I think the risk of that is very low — as long as the voting machines are not hooked up to the Internet, and most states — as I understand it — most states do not hook up their vote-tabulating equipment to the Internet.”


Senator Brown makes nonpartisan campus visit

October 18, 2016

Featured Expert: Alan C. Michaels

Dean Alan C. Michaels was quoted in The Lantern about U.S. Sen. Sherrod Brown’s (D-OH) visit to the Moritz College of Law on Tuesday. The event was part of Congressional Conversations, a joint initiative between Moritz and the John Glenn College of Public Affairs. Michaels moderated the discussion.


President Obama To Donald Trump: 'Stop Whining'

October 18, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in NPR following a recent press conference given by President Barack Obama that criticized Donald Trump’s election rigging rhetoric. It is "extraordinarily unlikely” that any sort of rigging will occur this election season, Foley said. His interview originally appeared on Morning Edition.


As More Americans Turn on Death Penalty, Some States Weigh Harder Stance

October 17, 2016

Featured Expert: Douglas A. Berman

 Professor Doug Berman was quoted in NBC News about two California ballot measures that could ultimately shape death penalty policies nationwide. One measure would speed up the state’s execution rate by hastening the appeals process, while a different measure would abolish the death penalty completely.

"If they do repeal, to me that will not only speed the path for politicians nationwide feeling comfortable with voicing their own repeal affinities, but will also embolden judges who, although they're not supposed to follow the election cycle, are shaped by a sense of which way the winds blow," Berman said.
 


Jon Husted says voting is safe in Ohio despite talk of rigged election

October 17, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Columbus Dispatch about how it is virtually impossible to rig the election in Ohio. Administrative errors—like the butterfly ballots used in Florida in 2000—present a much greater risk than rigging, he said.


http://abcnews.go.com/Politics/donald-trump-attacks-republicans-dare-play-rigged-rhetoric/story?id=42856781

October 17, 2016

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in ABC News about the effects of Donald Trump’s continuous claims that the general election is rigged.

"On one level this is pre-emptive a-- covering. Trump seems to be preparing an excuse for what seems likely to be a defeat," Tokaji said. "On the other hand, it's very damaging when the losing side or some members of the losing side believe not that they really lost but somehow they were cheated. It tends to undermine public faith in our democracy and the legitimacy of democratic elections."


Trump May Have Already Done More Damage Than Nixon

October 17, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley’s book “Ballot Measures” was mentioned in Notes, a running blog featured on The Atlantic's website. One reader cited Foley’s historical account of the 1960 presidential election, during which votes were allegedly rigged in Texas and Illinois to elect John F. Kennedy. The post, “Trump May Have Already Done More Damage Than Nixon,” appeared on Trump Nation, an ongoing discussion moderated by James Fallows, a national correspondent for The Atlantic.


How to dump Trump? Pundits, academics and political junkies looking for the answer

October 14, 2016

Featured Expert: Edward B. Foley

A recent article written by Professor Edward Foley for Politico was quoted in the National Post, a Canadian newspaper. Both articles describe the ways in which the Republican Party could use the Electoral College to oust GOP presidential nominee Donald Trump.

 

“It all seems so strange as to be pure fantasy,” Edward Foley, professor of law at Ohio State University and author of “Ballot Battles: The History of Disputed Elections in the United States,” wrote in Politico. “But think back before this presidential election. So much of what has transpired would have been dismissed as lunacy if anyone had dared to predict what actually has happened.”

 

 


Early voting underway in Ohio

October 12, 2016

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an ABC 6/Fox 28 news story on the start of early voting in Ohio. According to the article, the Franklin County Board of Elections expects roughly 250,000 people to vote before election day, which means it could make it more difficult for candidates to try and convince some voters to support them at the last minute.

"At this point, the hardcore Trump voters are going to vote for Donald Trump regardless and the hardcore Clinton voters are going to vote for Hillary regardless," Tokaji said. "Anything that happens is extremely unlikely to change their minds."


What's 'rigged' and 'not rigged' in Trump's world

October 12, 2016

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an ABC30 news article about presidential nominee Donald Trump's warnings of rigged outcomes in November's general election. According to the article, experts questioned by ABC News said such fears are largely unfounded.

"But whatever he meant, there is no realistic possibility of the 2016 general election being rigged," Tokaji told ABC News' Lauren Pearle earlier this year. "Voter fraud is extremely uncommon, nowhere near the scale that would change the result of a presidential election in any realistic scenario."


'Proportional Response': Did the White House Just Threaten to Hack Russia?

October 11, 2016

Featured Expert: John B. Quigley

Professor John Quigley spoke to Radio Sputnik about the Obama Administration's announcement that is had plans for a “proportional” response four days after publicly accusing the Russian government of hacking into the Democratic National Committee (DNC).

"It seems a bit ambiguous. The statement said that it is consistent with methods used which is a formulation that falls short of saying that they definitely know what is going on," Quigley said.

"Speculation a week or so ago was that the United States would not come out with these accusations because it raises the question of what it could do next," he added. "The likelihood is that it will not do much. I think that probably the president wanted to make this information public but that he doesn’t really have in mind any specific countermeasure."


An Autistic Girl in the Cumberland Mountains: One Family’s Brutal Fight for Meaningful Special Ed

October 10, 2016

Featured Expert: Ruth Colker

Professor Ruth Colker was quoted by the The 74 in an article about one family's struggle in the Cumberland Mountains to secure meaningful special education for their autistic 12-year-old daughter. 

in 1982 the U.S. Supreme Court determined that a federal law that stipulated that every disabled child is entitled to a free “appropriate” public education in the “least restrictive environment” -- also known as the Individuals With Disabilities Education Act (IDEA) -- did not include a “substantive standard,” only that schools provide “some” benefit, a “floor of opportunity.” "IDEAhas been one of the nation’s most-litigated federal statutes because no plan for a child is innately 'appropriate,'" the article states. 

Colker told The 74 that while any plan can be disputed through mediation and due process, most families can’t afford to engage in such battles. School districts with larger low-income populations often are unable to provide programs afforded to children in middle-class and affluent school districts.


Here are the ways Republicans could upend Trump. But it’s unlikely either would work.

October 8, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Washington Post about how if GOP presidential nominee Donald Trump refuses to step down before the election, state electors could abandon him and vote for an alternative Republican candidate instead.

“The Supreme Court has never settled the question of what happens if the electors vote on Dec. 19 contrary to what the state vote assumes they will,” he said. “What really matters is what gets sent to Congress on Jan. 6.”

Although some state laws require electors to vote for a candidate based on popular vote, the possibility exists that some electors could eschew state law regardless, The Washington Post reports.  

“My big takeaway is that founders did not prepare us for this,” Foley said. “We do not have the adequate constitutional infrastructure to handle this kind of scenario.”


 

 


Here are the ways Republicans could upend Trump. But it’s unlikely either would work.

October 8, 2016

Featured Expert: Edward B. Foley

Professor Ned Foley was quoted in an article that appeared in the Washington Post and Salt Lake Tribune that discussed two possible, but unlikely, scenarios in which a Republican alternative to Donald Trump could emerge in this year's presidential election.

Foley said one of those options would include Republicans abandoning Trump and spending the next several weeks urging electors to vote for an alternative candidate. While many electors are bound by state law to vote for the candidate selected by the popular vote on Nov. 8, there is precedent for “faithless” electors who have bucked that requirement. And it is unclear what legal remedies there would be to force them to comply.

"The Supreme Court has never settled the question of what happens if the electors vote on Dec. 19 contrary to what the state vote assumes they will,” he said. “What really matters is what gets sent to Congress on Jan. 6.”

“My big takeaway is that founders did not prepare us for this,” Foley said. “We do not have the adequate constitutional infrastructure to handle this kind of scenario.”


What Happens If Donald Trump Withdraws?

October 8, 2016

Featured Expert: Edward B. Foley

Professor Ned Foley was mentioned in an article that appeared on Slate discussing what would happen if presidential candidate Donald Trump withdrew from the election. The piece went on to state that whether or not Trump decides to pull out of the race, there is another option by which Republicans could select a different candidate: the Electoral College.

"When we cast our votes for president, they are actually cast for electors from each state (based roughly on population size) who then cast ballots for president. If Trump is chosen in some states, those electors could vote for Mike Pence, or Mitt Romney, or John Kasich, or whoever. There are some laws that bar “faithless” electors from casting votes for anyone who did not win the popular vote in a state, but I have a hard time believing either the Republican-controlled House or a court (because it raises a political question) would stop the actions of a faithless elector" the article states.

"Ned Foley games out how conflicts would work under the 12th Amendment; the bottom line is that if Trump got more votes than Clinton and Republicans retained control, we could well end up with a President Pence. (When no one gets a majority in the Electoral College, the House votes on a one-state-delegation-one-vote rule.)"


Why Did Indiana State Police Raid A Voter Registration Group's Office?

October 5, 2016

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in Talking Points Memo after state police raided the Indianapolis office of the Indiana Voter Registration Project. While an ongoing investigation is probing whether the group fraudulently registered voters, Tokaji said a police raid so close to the election could drastically suppress voter registration drives.

 

"My concern is it is going to intimidate people who are registering people to vote," Tokaji said. "There is nothing that affects turnout on Election Day more than voter registration. Voting registration is really the big thing. If you make it more difficult to register, you will decrease the number of people who vote. ... These sorts of law enforcement activities are extremely worrisome."



 

 


Politico: Trump Holding Out Election Night Would Not Be That Suspenseful

October 1, 2016

Featured Expert: Edward B. Foley

Excerpts from an article written by Professor Edward Foley for POLITICO were quoted in Newsmax.

"The lesson of our own history is that the republic is not at risk if the appropriate concession is forthcoming at that point," Foley writes. "On the other hand, if the official and final certification of the results comes and goes without the closure of a concession, or its functional equivalent from a wide array of party leaders on the losing side, then that would be the time to worry.”


How Hillary Clinton’s Allies Are Expanding the Vote Behind the Scenes

September 29, 2016

Featured Expert: Daniel P. Tokaji

 

Professor Dan Tokaji was quoted in TIME about Democratic efforts to increase Hillary Clinton’s potential voter base, like Gov. Terry McAuliffe’s  move to re-enfranchise around 59,000 ex-felons in Virginia. Additional tactics, including increasing the number of polling sites across swing states, could also help Clinton clinch November's vote.

 

“Both parties are clearly trying to do what they can do to help their voters vote and help their side win,” Tokaji said. “That’s the agenda of political campaigns.”

 



 


Death penalty is dying across America. Will California save it?

September 25, 2016

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in The Sacramento Bee about two competing ballot measures regarding the death penalty that California voters will decide on this November. One measure would abolish the death penalty completely, while the other would expedite executions by setting limits on appeals. The vote will have a “hugely significant” influence over the national debate on capital punishment, Berman said.

“The death penalty system has been so broken for so long in California that it seems there is a uniquely compelling argument for abolition, to say, ‘Let’s just cut our losses,’” he said. “If abolition can’t succeed in California I have a hard time thinking that it can succeed by plebiscite anywhere.”

 

 

 


The battle for the Franklin County prosecutor’s office

September 1, 2016

Featured Expert: Ric Simmons

Professor Ric Simmons was mentioned in a Columbus Monthly article that profiles the two candidates vying for one of the most important political seats in the state of Ohio: the Franklin County’s prosecuting office.

 


 


Professor Colker dicusses Fisher v. University of Texas on The John Hines Show

June 23, 2016

Featured Expert: Ruth Colker

Professor Ruth Colker discussed the outcome of Fisher v. University of Texas, a case before the Supreme Court examining the affirmative action admissions policy of the University of Texas at Austin, on The John Hines Show on WCCO CBS Minnesota.


An Obscure Ohio State Law Could Shake Up the Republican Convention

April 14, 2016

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an ABC News article about the Republican Convention:

“It’s entirely imaginable that these kind of controversies will emerge if Donald Trump goes into Cleveland without 1,237,” said Dan Tokaji, an expert in election law at the Moritz College of Law at Ohio State University, referring the number of delegates needed to clinch the nomination. “There’s going to be a furious jockeying for these delegates.”


How to Fix the U.S. Supreme Court Impasse

April 14, 2016

Featured Expert: Peter M. Shane

Professor Peter Shane spoke with The Atlantic about possible ways to fix the U.S. Supreme Court impasse:

"Beyond that, as Peter Shane of Ohio State University recently pointed out in an interview, Article II of the Constitution makes clear that 'advice and consent' is a formal vote, not just a moment of silence. The president has 'power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the senators present concur.' In 225 years, to the best of my knowledge, no one has discerned this power vested in the president. There’s a reason for that: It’s not there."
 


Solicitor General Saddles Up for Busy April at SCOTUS

April 14, 2016

Featured Expert: Christopher J. Walker

Professor Chris Walker was quoted in a Bloomberg BNA piece on SCOTUS:

"While the case has significant implications for the millions of immigrants potentially affected by DAPA, the court's decision could also 'have a dramatic effect on our modern regulatory state that would extend far beyond the important executive action on immigration actually at issue in this case,' Ohio State University Moritz College of Law's Chris Walker, Columbus, Ohio, told Bloomberg BNA April 9.

'There are at least four questions presented in the case, all of which could have profound effects on other executive actions,' Walker, who writes for the ABA Section of Administrative Law and Regulatory Practice's blog, said."
 


Prison Rate Was Rising Years Before 1994 Law

April 10, 2016

Featured Expert: Douglas A. Berman

Professor Doug Berman was mentioned in The New York Times in an article about rising prison rates.

"Douglas A. Berman, a professor of criminal law at Ohio State’s Moritz College of Law, agreed with other experts that the direct effects of the 1994 law on incarceration rates had often been exaggerated," The New York Times reported. "He also said that Mr. Clinton’s embrace in the early 1990s of anti-crime rhetoric may have been a political necessity, considering the drubbing that Michael Dukakis received in the 1988 presidential campaign for being considered soft on crime. And Mr. Clinton is right to say that black Americans were disproportionately victimized by runaway crime, and wanted help."
 


Could Donald Trump surrogate Roger Stone be charged with ‘menacing’ GOP convention delegates?

April 8, 2016

Featured Expert: Joshua Dressler

Professor Joshua Dressler was quoted in a Washington Post article about Donald Trump surrogate Roger Stone possibly being charged with "menacing" GOP convention candidates:

"Asked by The Fix to review Stone’s comments, Joshua Dressler, faculty managing editor of the Ohio State Journal of Criminal Law, said 'a plausible case can be made that this would constitute menacing.'”

“'To be guilty, however, the prosecutor would need to prove beyond a reasonable doubt that the words were expressed with the intention of causing apprehension of harm,'” Dressler added. 'So, what I am saying is that there might be sufficient evidence to obtain an indictment for this or a related offense, but whether you could prove the case at trial is a much greater hurdle.'”
 


Caller who reported man with gun at Wal-Mart that led to police shooting may be charged

April 7, 2016

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in an Associated Press article that was picked up by the Chicago Tribune, about possible charges against "a 911 caller who reported a man waving a gun in a Wal-Mart before police fatally shot him and found he had an air rifle he took from a shelf."

"But the prosecutor is under no obligation to bring charges," said Ric Simmons, an Ohio State University criminal law professor. "It would have to be proven beyond a reasonable doubt that the caller knew what he was calling in hadn't occurred."


District Fight May Persist in Texas After Supreme Court Ruling

April 4, 2016

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a New York Times article on voter ID laws:

 "'The big case isn’t this case, but the next case,' said Daniel P. Tokaji, a professor at Ohio State’s Mortiz College of Law and an authority on elections law.

 

 

 

Constitutional issues are at stake in this and other voting-rights debates. But the political ramifications are impossible to ignore. Dividing political districts into roughly equal numbers of people gives children and nonvoters an equal share of representation. If district boundaries were drawn counting only eligible voters, areas with large numbers of children — often low-income or immigrant neighborhoods — would find their political power diluted as their districts were enlarged to capture more adults."
 


The Scarlett Johansson Bot Is the Robotic Future of Objectifying Women

April 4, 2016

Professor Margot Kaminski was quoted in Wired magazine about the future of robotics...and gender:

"'There’s no doubt that as the robotics technology democratizes, we’ll see an increase in attempts to make your own personalized Kim Kardashian, for example,' says Ohio State University law professor Margot Kaminski. 'And there’s also no doubt in my mind that this will have a gendered component. Siri’s a woman, Cortana’s a woman; if robots exist to perform labor or personal assistances, there’s a darn good chance they’ll be women.'”


Will Ohio legalize medical marijuana in 2016?

March 28, 2016

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in the Cincinnati Enquirer about whether marijuana will become legalized in 2016.

"It’s the very possibility that the voters might foist this upon the state that might keep the legislators moving," he said.
 


Financial Crime: a New Twist on the Sex-Offender Registry

March 24, 2016

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in the Wall Street Journal about Utah’s white-collar crime registry.

"I don’t know if it will work, but whatever else we’re trying isn’t working so well,” Berman said. “Given how low the recovery rate is for court-imposed restitution, we don’t seem truly committed to having that form of punishment go beyond symbolism in some cases.”


Ohio's election laws under scrutiny as focus shifts to fall

March 19, 2016

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an Associated Press article on Ohio's election laws:

"There are always new issues that arise as the election approaches, especially in Ohio, given that we're a perpetual swing state," said Dan Tokaji, an Ohio State University law professor.

 


Convention fight has risks for GOP

March 19, 2016

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji talked to the Dayton Daily News about what might happen during a contested convention:

“It’s going to be a street fight,” said Daniel Tokaji, Ohio State University law professor who is an expert on elections law.


Supreme Court reviewing ex-Springboro officer’s case

March 18, 2016

Featured Expert: David A. Goldberger

Professor David Goldberger was quoted in a Dayton Daily News article about the case of a former Springboro police officer:

David Goldberger, a law professor at the Ohio State University, said the court could decide to consider the "case in order to settle questions over conflicts between state and federal courts, including whether the state court rulings should have stood under provisions of the Antiterrorism and Effective Death Penalty Act."


Obama's Nomination for the Supreme Court

March 17, 2016

Featured Expert: Marc Spindelman

Professor Marc Spindelman appeared on WOSU's All Sides with Ann Fisher to discuss President Obama's nomination of Merrick Garland to the Supreme Court.


Forget favorite candidates, some people voting strategically

March 15, 2016

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an Associated Press article about why and how people are voting strategically in the primary election:

"Democrats who choose to vote in the Republican primary but don’t support the party’s policies 'are committing election falsification by stating that they do in fact support those principles,' says law professor Dan Tokaji, an Ohio State University election law expert. 'Will they be prosecuted? Almost certainly not.'”

 


Juvenile lifers will get new sentences, but what law applies?

March 12, 2016

Featured Expert: Douglas A. Berman

Professor Douglas A. Berman was quoted in an article that ran on Philly.com on juvenile sentencing structures in Pennsylvania following the Supreme Court's decision in Montgomery v. Louisiana, which ruled life-without-parole sentences unconstitutional for those younger than 18.

"This is the problem when the law is uncertain. It's subject to different suppositions, some of which may be completely out to lunch. Uncertainty breeds errors and differences of opinion," he said.

Berman called the situation unprecedented: When the Supreme Court struck down other harsh laws, such as the juvenile death penalty, it was relatively straightforward to convert those sentences to an obviously milder sentence of life in prison.

But in this case, different inmates - ones who have served 40 years already and those who have served five - are likely to argue for different resolutions. He said, "It's hard to engineer a one-size-fits-all solution."

"This is one of the reasons, I think, why the jurisdictions like Pennsylvania, which had the most Miller cases, were disinclined to apply this retroactively," he said. "You get all these complications just to sort out what law applies."


Pennsylvania Judge Rules That Ted Cruz is Eligible to Run for President

March 11, 2016

Featured Expert: Daniel P. Tokaji

An essay by Professor Dan Tokaji, originally posted on his Election Law Blog, was cited in The Wall Street Journal's "Law Blog."  The essay was about whether or not Ted Cruz is eligible to run for president:

There’s no consensus in the legal community on the meaning of “natural born citizen.” But some scholars, most notably Ohio State University law professor Daniel Tokaji, have observed that state court could be where a court action opposing Mr. Cruz’s place on the ballot has the best shot of going somewhere.

The reason is that state courts have less stringent standing requirements for bringing a lawsuit than federal courts. Mr. Carmon could object to the nomination petition of Mr. Cruz in state court just by being a registered Republican voter.

“Fortunately for skeptics of Senator Cruz’s eligibility, there’s at least one state where a challenge could still be brought,” wrote Mr. Tokaji in a February essay posted on Election Law Blog. “Pennsylvania will hold its primary on April 26. The last day for candidates to file nominating petitions was yesterday, February 16.”


 


North Carolina Exemplifies National Battles Over Voting Laws

March 10, 2016

Featured Expert: Edward B. Foley

Professor Ned Foley was quoted in a New York Times article recently, on the topic of voting laws:

“This issue is in limbo,” said Edward Foley, a law professor at Ohio State University.

Even though they are in control, some Republicans join Democrats in saying the process has to change. After the new maps were approved by the General Assembly, Mr. McCrory reiterated his desire to see districts drawn in a less partisan way.
 


California votes to raise smoking age to 21: Has it worked in other places?

March 10, 2016

Featured Expert: Micah Berman

Professor Micah Berman was quoted in an article that appeared in The Christian Science Monitor about a California Senate bill that would make it illegal to sell tobacco to anyone under the age of 21 throughout the state.

“There’s a huge amount of momentum around this right now,” Berman said. “There’s a lot more research coming out all the time on the effects of nicotine on the adolescent brain, and [the policy] is incredibly popular. Even people who are current smokers don’t want the next generation of kids smoking.”


Nine teenagers file lawsuit against Secretary of State over right to vote in primary

March 8, 2016

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a10TV story about teenagers' right to vote in the primary election:

But others disagree. Dan Tokaji is an election law professor at Ohio State and says Husted is dead wrong in his interpretation.

He says he's read the statute and says he believes a 17-year-old who turns 18 in November does have the right to vote for president in the primary and should not be limited to just congressional or senatorial races.

“I think the Secretary Of State and his lawyers should read what the statue says. It says 17-year-olds at the time of the election are entitled to vote in a primary election. The only question: is this a primary election? And it is,” Tokaji said.
 


Rise & Shine: Supreme Court Arguments Are Early Business

March 7, 2016

Featured Expert: Christopher J. Walker

Professor Chris Walker was mentioned in a Bloomberg BNA article about the experience of waiting on line to see U.S. Supreme Court oral arguments live:

"It was 3:30 a.m. on a cool Monday morning in February, and I was getting up for work. 'How did I get into this?' I asked myself.

I was pretty sure it was all Ohio State University Moritz College of Law Chris Walker’s fault."
 


Rep. Gruenberg’s widow seeks control of husband’s records, is blocked

March 3, 2016

Featured Expert: Steven F. Huefner

Professor Steven Huefner spoke with Alaska Public Media about access to the late Representative Max Gruenberg's records: 

"Ohio State University law professor Steven Huefner has studied the issue of legislative immunity. He says the precedent for how to handle records after a legislator dies in office isn’t clear.

“'What I think is important is to give members, before they pass on, an opportunity to decide what their wishes are,'” said Huefner. “'Obviously, you’ve got a problem here, because that didn’t happen, so in this instance, it’s tricky. But I think members ought to be able to decide ahead of time that they want their papers to become public.'”
 


Latest Supreme Court Case Could Effect Ohio Abortion Laws

March 2, 2016

Featured Expert: Ruth Colker

Professor Ruth Colker was featured on WOSU Radio, where she discussed what's been called the biggest Supreme Court case on the issue of abortion in 24 years: Whole Woman's Health v. Hellerstedt:

OSU Law professor Ruth Colker, says the impact of this decision will really come down to how the court defines “undue Burden” stated in the landmark 1992 Supreme Court case of Casey V. Planned Parenthood

“So the question in this case is whether these kinds of regulations conflict with that re-understanding of Roe and Casey,” said Colker. “Whether these are an undue burden on a woman's ability to choose terminate her pregnancy.”

If the justices strike down the Texas laws, Ohio laws could be challenged, but Colker said with the recent passing of Justice Scalia, she doesn’t think that’s likely to happen.

“So it’s of potential dramatic importance, but I’m not going to hold my breath. I just don’t think the court’s going to be inclined with only eight members to do something dramatic right now,” Coker explained.
 


Thomas Breaks 10-Year Silence in Gun Rights Case

March 2, 2016

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in Bloomberg BNA about U.S. Supreme Court Justice Clarence Thomas breaking his 10-year silence in a gun rights case.

"At the center of the case is a decision regarding the method for reading the state statute in conjunction with the federal statutes," Berman said. The court faces a choice between a categorical approach and a modified categorical approach, he added. A categorical approach requires authorities to look to the entirety of the statute in determining whether an offender's crime qualified them for the ban on possessing firearms. A modified approach requires the court to look at the factual circumstances involved in the offense.


Presidential field narrows after Super Tuesday

March 2, 2016

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was interviewed by Columbus TV station ABC6 on the 2016 presidential race:

"Super Tuesday clarified that Donald Trump is in the driver's seat in this race," said Dan Tokaji, a law professor at Ohio State.


New Laws Won’t Help Us Keep Up With Computer Crime

March 1, 2016

Featured Expert: Ric Simmons

Professor Ric Simmons wrote an op-ed piece on computer crime and the law for The Crime Report. In it, he said:

"New technology frequently enables new criminal activity. Unfortunately, legislatures that are eager to keep the criminal code “current” often respond by passing new laws to ensure that the new crimes are covered—a legislative overreaction that produces a number of negative consequences.

Technology-specific crimes unnecessarily expand and complicate the criminal code, result in overbroad or ambiguous laws, and require frequent updates as the new technology evolves."
 


The Week in Health Law

March 1, 2016

Featured Expert: Efthimios Parasidis

Professor Efthimios Parasidis was interviewed for The Week in Health Law podcast.


LSAT Vs. GRE: Could Another Standardized Test Option Really Promote Law School Diversity?

February 29, 2016

Featured Expert: Deborah Jones Merritt

Professor Deborah Merritt spoke to KJZZ about law school admissions:

"We always thought of law as kind of a golden ticket," said Ohio State University law professor Deborah Merritt. She's been studying the recent structural changes within the legal profession.

Merritt said this drop in applications is due to a number of factors-- one of them being there are just fewer jobs out there. Globalization and technology have also played a role. Merritt explained while law is a field that requires a high level of analytical skills, a big part of the job is paperwork processing.

"And as computers have been able to do more of that keeping track and processing paper-- and even helping with research-- there is a need for fewer live bodies," she said.
 


Senate must do its job on Supreme Court nomination: Sherrod Brown (Opinion)

February 28, 2016

Featured Expert: Peter M. Shane

U.S. Senator Sherrod Brown quoted Professor Peter Shane in a Plain Dealer op-ed. He wrote:

I recently spoke with Peter Shane, a constitutional law professor at the Ohio State University Moritz College of Law in Columbus.

Shane said that a vacancy of this unprecedented length on the Supreme Court "will compromise its ability to perform its proper constitutional function" and create "prolonged uncertainty."
 


Filling the Supreme Court Vacancy: Lessons From 1968

February 26, 2016

Featured Expert: David Stebenne

Professor David Stebenne write an op-ed for The Conversation, entitled "Filling the Supreme Court Vacancy: Lessons From 1968," that was then picked up by U.S. News and World Report. In it, he wrote:

"United States Supreme Court Associate Justice Antonin Scalia's death this month has created something of a dilemma – to put it politely – for the president and Congress.

Supreme Court vacancies are challenging to fill at the best of times, but an unexpected vacancy in the final year of a president's term is especially tricky. And then add to that the particularly contentious relationship between the nation's two major parties.

Senate Judiciary Committee Chairman Sen. Chuck Grassley (R-IA) and Sen. John Cornyn (R-TX), the Senate Majority Whip, arrive for a hearing on Capitol Hill in Washington, D.C., on Tuesday, Feb. 23, 2016.

The clearest sign of that came this week, when Senate Majority Leader Mitch McConnell of Kentucky announced that the Senate would not consider any nomination made prior to the presidential election in November.

History offers a guide here, not just about what not to do but also about what might actually work."
 


Jail Or Rehab: The Debate Over How We Discipline Young Criminals In Ohio

February 25, 2016

Featured Expert: Katherine Hunt Federle

Professor Katherine Federle was featured in a news segment recently on WBNS-10TV in Columbus, Ohio, on the debate over how we discipline young criminals in Ohio.


Sen. Sherrod Brown Blasts Senate Republicans' Refusal to Consider Supreme Court Nominees

February 24, 2016

Featured Expert: Peter M. Shane

Professor Peter Shane and  U.S. Sen. Sherrod Brown spoke with WKSU recently about the Senate Republicans' refusal to consider nominees for the U.S. Supreme Court.


Post-Scalia supreme court could start to turn tide on voting rights restrictions

February 23, 2016

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Guardian article on how the post-Scalia supreme court could start to turn the tide on voting rights restrictions:

“It’s starting pretty much immediately,” said Dan Tokaji, an election law specialist at Ohio State University’s Moritz School of Law. “You’re going to start seeing cases challenging voting rules like you do in every election … These cases tended to be decided on a 5-4 vote, so Justice Scalia’s absence could be very important.”


Family of deceased lawmaker battles Legislature for access to documents

February 22, 2016

Featured Expert: Steven F. Huefner

Professor Steve Huefner was quoted in an Alaska Dispatch News article about the late Rep. Max  Gruenberg and his family's fight for access to his documents:

Gardner’s rationale for posthumously shielding Gruenberg’s documents is an unusual, if not unprecedented argument, said Steven Huefner, a law professor at Ohio State University who’s studied legislative immunity.

Typically, immunity is used to protect lawmakers from being intimidated or harassed by the executive branch, or by the courts, for legislative actions.

It’s possible, Huefner said, that there could be a basis for applying it after death, to the extent that lawmakers might be afraid to express themselves freely to staff if they knew that their “private musings” could ultimately be made public. But he also acknowledged that there’s a distinction when it’s a lawmaker’s family, not a different, hostile branch of government, that’s seeking access to documents.

“I think it’s probably a pretty novel kind of question,” Huefner said.
 


Scalia’s death could have a huge impact on the future of legal marijuana

February 20, 2016

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in Daily News & Headlines about the future of marijuana legalization after Justice Scalia's death:

“This is, in many respects, a one-of-a-kind kind of lawsuit with one-of-a-kind kind of claims and a one-of-a-kind moment with the politics over drug law reform,” Berman said. “That might make me think the court would be willing to embrace a one-of-a-kind resolution.”

Berman, who authors the Marijuana Law, Policy & Reform blog, thinks the court is unlikely to take the case, echoing an opinion voiced by several other legal experts who spoke with VICE News.
 


Grassley at center of court storm

February 18, 2016

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in  The Hill about the battle over President Obama’s Supreme Court nominee. Some legal experts say that holding hearings on Obama’s nominee would be in the best interests of transparency by helping voters better understand what’s at stake in this year’s election.

“If he really is faithful to his claimed commitment to transparency and civic engagement, the decision not to have hearings strikes me as extraordinarily inconsistent with these stated commitments,” Berman said.

Senators should feel free to vote their conscience, but there’s no valid argument for not giving Obama’s nominee a fair review and floor consideration, he added.

“To really have a judgment about this nominee is to have hearings and have senators express their concerns and their interests."
 


The Life and Influence of Justice Antonin Scalia

February 18, 2016

Featured Expert: Ruth Colker

Professor Ruth Colker appeared on All Sides with Ann Fisher to discuss the legacy of the late U.S. Supreme Court Justice Antonin Scalia.


Con: Israel’s tactics, not Obama’s, are to blame

February 18, 2016

Featured Expert: John B. Quigley

Professor John B. Quigley published an op-ed piece on Israel in Gazette Xtra.


Scalia's absence could shape election rules

February 17, 2016

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Politico article on redistricting cases, voter ID challenges, and the post-Scalia Supreme Court:

The 4th Circuit “just gave the Legislature a few days to draw a new map,” noted Dan Tokaji, an election law professor at The Ohio State University. “The justices may think that a little bit hasty.”


 


Should saving the world be profitable?

February 17, 2016

Featured Expert: Garry W. Jenkins

Associate Dean for Academic Affairs Garry W. Jenkins was quoted in a Christian Science Monitor article on philanthropy:

“Older practitioners of philanthropy were far more responsive to the needs and desires of the public, supporting projects that were controlled largely by local communities or even government,” writes Garry Jenkins, a professor at The Ohio State University Moritz College of Law who focuses on philanthropy and corporate governance, in an e-mail. “Today’s philanthrocapitalists are much more controlling, more directive, more confident that they have all the answers to the social problems.”


Ohio Expert Weighs In on Clash Over SCOTUS Nomination - See more at: http://www.publicnewsservice.org/2016-02-17/budget-policy-and-priorities/ohio-expert-weighs-in-on-clash-over-scotus-nomination/a50420-1#sthash.GpDDWe7b.dpuf

February 17, 2016

Featured Expert: Christopher J. Walker

Public News Service spoke with Professor Chris Walker on the clash over the SCOTUS nomination:

Chris Walker, an assistant law professor at Ohio State University who clerked for Justice Anthony Kennedy, said he believes that whatever happens will raise the stakes in the presidential election dramatically.

"Even if the justice is confirmed before the election, it's going to be on the minds of the electorate of who this next president's going to be," he said. "We'll likely have at least another one or two appointments to the court, and these appointments last for decades."
- See more at: http://www.publicnewsservice.org/2016-02-17/budget-policy-and-priorities/ohio-expert-weighs-in-on-clash-over-scotus-nomination/a50420-1#sthash.GpDDWe7b.dpuf


How Antonin Scalia Punched Down

February 16, 2016

Featured Expert: Peter M. Shane

Professor Peter Shane wrote an article for Washington Monthly in which he reflected on the death of U.S. Supreme Court Justice Antonin Scalia:

He wrote:

The encomiums bestowed upon the late Justice Antonin Scalia know no partisan limits. Tributes from conservatives have been earnest and effusive, untroubled, of course, by philosophical disagreement. But the homages that begin, “Although we agreed about nothing,” have been no less heartfelt or expansive. Many across the ideological spectrum were privileged to experience Justice Scalia as a warm, generous, witty, charming, larger-than-life companion and mentor.

In candor, these were not the qualities I encountered when I did see the justice up close.

 


The Role of Religious and Evangelical Voters in the 2016 Presidential Race

February 16, 2016

Featured Expert: David Stebenne

Professor David Stebenne appeared on All Sides with Ann Fisher on WOSU to discuss the role of religious and evangelical voters in the 2016 presidential race. 


Ohio in the middle of the fight to replace Scalia

February 15, 2016

Featured Expert: Christopher J. Walker

Professor Chris Walker spoke with Columbus, Ohio's WSYX ABC 6 about the death of U.S. Supreme Court Justice Antonin Scalia: 

"He's an incredible writer with a lot of sarcasm and wit," said Chris Walker, who clerked for Supreme Court Justice Anthony Kennedy in 2008 and 2009. "To lose someone like that is a huge loss at least intellectually on the court."


OSU professor points to D.C. judge as possible replacement for Scalia

February 15, 2016

Featured Expert: Christopher J. Walker

Professor Chris Walker spoke with Columbus, Ohio's NBC 4 about the death of U.S. Supreme Court Justice Antonin Scalia: 

“The loss of Scalia is huge. He was such a huge figure on the court. I think he’s one of most transformative justices we’ve ever had,” said Chris Walker, Assistant Professor at OSU’s Moritz College of Law.


Seven Ways Scalia's Death Will Impact the Supreme Court

February 15, 2016

Featured Expert: Edward B. Foley

Professor Ned Foley spoke with National Law Journal for an article on how Scalia's death will impact the Supreme Court:

The status of Scalia clerks already lined up for next term is less certain. “There are no rules or regulations about it,” said Edward Foley, a professor at Ohio State University Michael E. Moritz College of Law. In 1987, Foley was about to begin a clerkship with Justice Lewis Powell Jr. when Powell suddenly announced his retirement. Foley stayed on with his clerkship on the U.S. Court of Appeals for the D.C. Circuit but ultimately became a clerk for Supreme Court Justice Harry Blackmun the following term. Powell’s other orphaned clerks also landed high court clerkships a year after he retired.  

 


High-stakes exam rejecting more incoming lawyers

February 12, 2016

Featured Expert: Deborah Jones Merritt

Professor Deborah Merritt was mentioned in a Weatherford Democrat article about the LSAT:

Scores on the standardized Law School Admission Test, along with undergraduate grades, are a key factor in deciding who gets into law school to join the paper chase.

And students who start out with lower LSAT scores are less likely to pass a bar exam on the other side of the typical, three—year law school education, noted Deborah Merritt, a professor at The Ohio State University’s Moritz College of Law.

 


Drone Privacy: Is Anyone in Charge?

February 11, 2016

Professor Margot Kaminski was quoted in a Consumer Reports article about drone privacy:

The ACLU, which supports the Markey bill, argued as far back as 2011 that a lack of oversight could lead to excessive surveillance by law enforcement using drones. Yet some legal analysts warn that the opposite situation also poses dangers: If regulations were poorly written, they could end up protecting government and commercial operators of drones, while restricting everyone else. For instance, some states are considering laws that would prevent journalists from using drones to photograph conditions on big industrial farms, according to Margot Kaminski, a law professor at Ohio State. Kaminski urges patience on the federal level. “Clarity comes at the cost of experimentation, and early law is likely to be over-reaching,” she says. Some restrictive laws could end up being struck down in the courts. But by letting states, counties, and towns try to get this right, Kaminski argues, we may end up with a reasonable understanding of when and how drones fit into our daily lives.


Ohio's presidential drought, what caused it and what can end it

February 11, 2016

Featured Expert: David Stebenne

Professor David Stebenne was quoted in a Cleveland Plain-Dealer article about Ohio's presidential drought:

"The more polarized political atmosphere has tilted the playing field against most Ohio politicians," said David Stebenne, a professor of history and law at Ohio State University. "They, like most Ohio voters, are more moderate than the country as a whole. It's become a lot harder for Ohio politicians to get a major-party nomination."


Salt Is Latest Food Fight

February 10, 2016

Featured Expert: Micah Berman

Professor Micah Berman was quoted in a Wall Street Journal article on about public health arguments regarding salt warnings on restaurant menus:

The reason this case is fascinating is it has all of the big three public-health law issues you tend to see," said Micah Berman, a professor of public health and law at Ohio State University, who isn't involved in the case.

The three issues are administrative authority, First Amendment rights and pre-emption. Administrative authority deals with whether the city's health department can make such rules without the New York City Council. In 2014, a state appeals court found the board, which is appointed by the mayor, exceeded its regulatory authority in an effort to restrict the sale of large, sugary drinks.

The First Amendment protects free speech, giving a person -- or, in this case, restaurant -- the right to speak, or not to speak.

The final issue, pre-emption, addresses conflicts between state or local and federal law. The association says federal menu-labeling requirements, which go into effect in December 2016 and don't include a sodium warning, trump the local law.

"You don't know which one a court will necessarily rely on for its decision, but there are potential implications for all three," Mr. Berman said.
 


Clinton, Sanders and the changing face of the Democratic Party

February 9, 2016

Featured Expert: David Stebenne

Professor David Stebenne wrote an op-ed for The Conversation describing how a recent debate between Democratic Party presidential candidates Hillary Clinton and Bernie Sanders highlighted changes in the Democratic Party over the past half-century.

“Last week’s debate in New Hampshire between Hillary Clinton and Bernie Sanders over who is the “real progressive” said a lot about how they and the Democratic Party have changed over the past half-century,” Stebenne said.

“When Clinton and Sanders first came of age politically during the mid-1960s, neither was a natural fit for the Democrats as the party was then.

“Taking a look at how these two very different people and the party they now want to lead have evolved can help clarify the philosophical divide on display in the Democratic Party today.”


Loss of center leaves Ohio State's Latinos feeling overlooked

February 9, 2016

Featured Expert: Sharon L. Davies

Professor Sharon Davies was quoted in a Columbus Dispatch article about Ohio State's Latino student population:

More than 2,200 Latino students are enrolled at Ohio State University, nearly twice as many as 10 years before. They used to be able to gather in a budding, if unofficial, Latino center and not worry about immigration status or fitting in. But the center's space-sharing arrangement fell through, the center has fallen apart and Latino students say they feel overlooked.

University officials have held a series of meetings lately with Latino student leaders seeking more support. One request is key: "They're really making it clear that they would like to have an official space," said Sharon Davies, vice president of diversity and inclusion for Ohio State.


What would it take to find out for sure if Ted Cruz (or others like him) is eligible for the presidency?

February 3, 2016

Featured Expert: Daniel P. Tokaji

Professor Daniel P. Tokaji's research was quoted in a Washington Post article:

The most common route for aggrieved partisans, in this case opponents of Cruz, are the federal courts. But the courts are unlikely to go near the question just because someone brings a lawsuit. If some gadfly, for example, were to sue in federal court to keep Cruz off the ballot, the chances of any judge stepping in to settle the question is close to zero. 

There’s little dispute about that according to, among many others, Ohio State University law professor Daniel P. Tokaji, writing in the Michigan Law Review.


Trump Disputes Iowa Results, a Change of Tone After Second-Place Finish

February 3, 2016

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Bloomberg Politics article on the Iowa caucuses:

Edward Foley, an election law professor at Ohio State University, said Trump hasn't shown any evidence that the Cruz campaign's statement about Carson affected a single vote, let alone how the candidates ranked.

“It's important to recognize that there may be some hyperbole and bluster here,” Foley said. “As far as I can tell, there's not even a single voter coming forward saying, ‘I would have voted for Carson instead of Cruz if I'd known Carson was in the race.’”

Even if Trump could demonstrate that the Cruz campaign's comments affected the outcome of the caucus, he'd still have to prove that Cruz had intentionally engaged in wrongdoing, according to the professor.

“It's very hard to void an election and get a new election. You'd have to prove wrongdoing that had a consequence of effecting the result,” Foley said, noting Cruz had apologized for his staff not following up with caucus-goers on the Carson reports. “That doesn't sound like it adds up to proving wrongdoing,” Foley said.


Justices to Continue Shaping Eighth Amendment Case Law for Juveniles

January 28, 2016

Featured Expert: Douglas A. Berman

Professor Douglas E. Berman was quoted in a Bloomberg BNA story on the Eighth Amendment:

Douglas E. Berman, a law professor at the Ohio State University Moritz College of Law and author of the Sentencing Law and Policy Blog, gave Bloomberg BNA a similar assessment of the opinion.

He said the most important aspect of the decision is the court's explicit reiteration of the point it made in both Graham and Miller that children should not be sentenced in the same way as adults.

“Kids are different and by virtue of that difference, they must be sentenced differently,” he said.


U.S. Attorney Steven Dettelbach's successor unlikely to be appointed this year, expert says

January 26, 2016

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a Cleveland.com article about outgoing U.S. Attorney Steven Dettelbach:

Peter Shane, an Ohio State University law professor who has done research on presidential powers and appointments, said President Barack Obama, a Democrat, and the Republican-controlled U.S. Senate may come to a stalemate, as they have with other nominations.

"Right now, the numbers suggest the Republicans are pretty determined not to confirm anybody," Shane said. "I think that's true even for positions that would ordinarily not be considered very controversial."
 


Arguments Over North Carolina Voter ID Law Begin in Federal Court

January 25, 2016

Featured Expert: Edward B. Foley

Professor Edward B. Foley was quoted in a New York Times article about North Carolina's voter ID law:

“The North Carolina litigation is the leading litigation in the post-Shelby world,” said Edward B. Foley, an elections law expert at Ohio State University, referring to the Supreme Court’s decision in Shelby County, Alabama, v. Holder. “It’s the test case, the battleground case more than any other.”


Winning the Close Ones

January 23, 2016

Featured Expert: Edward B. Foley

Professor Edward B. Foley's book, Ballot Battles: The History of Disputed Elections in the United States (Oxford Press, 2016), was reviewed in the American Thinker.

Reviewer Richard Baehr wrote:

"There are many more stories in this book that provide colorful histories of individual ballot disputes through the nation’s two plus centuries. As Foley notes, there is no reason to think that the next big battle, whether for the White House or some other office, will be easily resolved. There is too much at stake, and the author believes the country has entered a more partisan era, where neither side may be so willing to live by the results, if they do not believe the results are accurate tallies."

 


5 ways new medical marijuana initiative changes the game in Ohio: Analysis

January 22, 2016

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted on Cleveland.com, regarding a medical marijuana amendment planned for this November by Marijuana Policy  Project, in Ohio.

Marijuana Policy Project has a history of entering states and becoming "the adult in the room," said Doug Berman, an Ohio State University professor who teaches a course about marijuana law and policy.

"MPP has the opportunity to bring order to a messy grassroots conversation," he said.


Presidential Candidates, Silent on Presidential Power

January 22, 2016

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a New York Times article on presidential power and the 2016 election:

“I don’t think Hillary or Bernie or O’Malley want to say, ‘I promise not to be assertive in the use of executive branch authority,’ when they may have every bit as much trouble as Obama has had in getting Congress to work with them,” said Peter Shane, a constitutional law professor at Ohio State University.


Is The Supreme Court Poised To Redefine Obama’s Executive Power?

January 21, 2016

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a Talking Points Memo article on the Supreme Court and the Obama administration's executive actions on immigration.

"There should be no panic because of the inclusion of the fourth question" said Peter Shane, a professor at The Ohio State University Moritz College of Law, who strongly suspects the idea to add the Take Clause question came from one of the conservative justices.

"I would be shocked if you could get Chief Justice Roberts to say that a statutory complaint amounted to a constitutional violation, and I think that of Justice Kennedy, too. I cannot imagine there being fewer than six votes for the president on that.”


Election Disputes: No Bibles, and Lots of Swearing

January 20, 2016

Featured Expert: Edward B. Foley

Professor Edward "Ned" Foley was quoted in a Jackson Free Press story about election disputes at the state level.

The article states:

"Edward Foley, an Ohio State University professor and author of the recent book 'Ballot Battles: The History of Disputed Elections in the United States,' said election disputes can get a little crazy—particularly at a state level. Foley said when the Legislature is resolving an election contest, the first question you have to ask is, 'Are they resolving the dispute on merit or letting partisan politics take over?'"


Supreme Court decision expected in case of ex-Springboro officer

January 16, 2016

Featured Expert: David A. Goldberger

David Goldberger was quoted in a Dayton Daily News article on the case of former Springboro Police Lt. Jim Barton:

David Goldberger, a retired law school professor at The Ohio State University, pointed to the Anti-terrorism and Effective Death Penalty Act, which limits federal court review of state court decisions in murder cases.

“There’s a better than even chance that they are going to overturn the lower court decision, based on their previous performance in this area,” Goldberger said.


Florida Death-Sentence System Voided by U.S. Supreme Court

January 12, 2016

Featured Expert: Douglas A. Berman

Professor Douglas "Doug" Berman was quoted in a Bloomberg Politics news story about the U.S. Supreme Court's striking down Florida’s unusual system for imposing the death penalty:

Now “every single one of them will bring a Hurst challenge and the lower courts will sort it out in a variety of ways,” said Douglas Berman, a specialist on criminal sentencing who teaches at Ohio State University’s Moritz College of Law.

 


Florida's Death Sentencing Scheme Is Unconstitutional, Supreme Court Rules

January 12, 2016

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in The Huffington Post about Florida's death sentencing system, which was ruled unconstitutional by the Supreme Court:

Berman, a sentencing expert, observed that unless there's a legislative fix to Florida's capital sentencing structure, the Hurst ruling will likely lead to "multi-headed, snake-like litigation" to determine to what extent it applies to the 400 inmates currently on death row in the state.


Florida's judge-only death penalty sentencing ruled unconstitutional

January 12, 2016

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in The Guardian regarding how Florida's judge-only death penalty sentencing was ruled unconstitutional.

“This is yet another significant moment in the long, slow death rattle of the use of capital punishment in America,” Berman said. “There are both conservatives and liberals on the supreme court who, no matter what they think of the death penalty in principle, believe that the sixth amendment requires a jury to be involved in the ultimate decision on death, and that is critical here."


Ohio Woman Accused of Killing 3 Sons Seeks New Prosecutor

January 8, 2016

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in an Associated Press story about the trial of a woman accused of suffocating her three sons:

Ric Simmons, an Ohio State University criminal law professor, said he sees nothing illegal in interviewing the wife to build a different case against her husband, though interviewing a defendant without an attorney also is unusual and "better practice" might have been to have her lawyer present.

"I have never heard of a motion like this outside of a vindictive prosecution claim," said Simmons, who doesn't think it's likely to succeed.
 


Con: Libya won’t hurt her; No Republican would have done better

January 7, 2016

Featured Expert: John B. Quigley

Professor John B. Quigley wrote an op-ed that ran in GazetteXtra, addressing the question, “Should voters hold former Secretary of State and current presidential candidate Hillary Clinton responsible for the ongoing chaos in Libya?”

 


No, The Oregon Ranchers' Prison Sentences Are Not 'Cruel And Unusual'

January 5, 2016

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in The Huffington Post about the uproar surrounding the occupation of a federal outpost in Oregon

The Hammonds' case is "fairly run-of-the-mill," Berman said. "The ugliness you identify here is an ugliness in the way our federal justice system operates."

What Berman means is that federal prosecutors often seize on language in a statute -- here, malicious destruction by fire of property belonging to the United States -- and apply it to seemingly petty examples of such conduct. Later, they seek the stiffest punishment allowed, no matter how unfair the end result. And if the law calls for a mandatory minimum, the work is pretty much done for them.

"I do think Congress did not have in mind the Hammonds for these mandatory minimums," Berman said, adding that "prosecutors can always convince themselves" that a particular misdeed is really serious and therefore a harsh penalty is what legislators intended all along.
 


Who can settle Cruz eligibility question once and for all?

January 1, 2016

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji's research was cited in a Fox News story about Ted Cruz and his eligibility to run for president:

So what about a congressional resolution? That could be seen as legally flimsy, according to a 2008 piece by Ohio State University Professor Dan Tokaji in the Michigan Law Review...

In his 2008 piece, which pre-dated the Cruz controversy, Tokaji wrote that the best route to challenging a presidential candidate's eligibility may be to head first to state courts. If any drama ensues, the case could then be on the glide path for a U.S. Supreme Court decision.

“In the event that a renegade state court rejects a candidate who is, in fact, eligible or that two or more state courts reach conflicting conclusions on a candidate’s eligibility, U.S. Supreme Court review should be available as a backstop,” Tokaji wrote.