Faculty in the News
Moritz College of Law faculty members are increasingly finding themselves in the spotlight as reporters seek them out for expert comment on today's headlines. The topics cover a wide range, such as the death penalty, artificial insemination, and voting machines. Just as varied are the locations of the publications or news outlets, ranging from small town newspapers to wire services with international distribution.
The following is a list of selected media coverage for Moritz faculty members. The links below will direct you to sites that are not affiliated with the Moritz College of Law. They are subject to change, and some may expire or require registration as time passes. Contact Barbara Peck, Chief Communications Officer, for any media requests at (614) 292-0283.
Peter M. Shane Media Hits
The following is a list of selected media coverage for Peter M. Shane. The links below will direct you to sites that are not affiliated with the Moritz College of Law. They are subject to change, and some may expire or require registration as time passes. (Return to Faculty Bio)
Professor Peter Shane was quoted in an article in Medill Reports on the low voting response from college students at Northwestern University. "I think younger people may have a greater skepticism about the potential impact of their vote,” he said.
Can we talk calmly about Obama's 'Executive Orders'?
Jan. 23, 2013
Professor Peter M. Shane was quoted by The Atlantic for a blog post he wrote, which also was republished by The Huffington Post and the American Constitution Society, about the action President Barack Obama took pertaining to gun violence.
"What executive orders cannot do is impose obligations or restrictions on the public, unless Congress, through legislation, has expressly or implicitly conferred authority on the President to do so. It is worth noting that none of President Obama's executive orders on gun violence do any such things," Shane wrote.
Professor Peter Shane was quoted in an Athens News article which centered on President Barack Obama’s executive orders on gun control.
"What executive orders cannot do is impose obligations or restrictions on the public, unless Congress, through legislation, has expressly or implicitly conferred authority on the president to do so. It is worth noting that none of President Obama's executive orders on gun violence do any such things,” Shane said. "In short, none of these memorandums requires the public to do anything, expands the powers of the federal executive, or evokes even remotely the ghost of George III."
Professor Peter Shane was quoted in an article on 10tv.com about an online petition urging Ohio to secede from the United States. “Aside from whatever bad feeling or apprehension people may have about the election, a state that secedes from the union would lose so much and gain so little, it would be an utterly irrational choice,” Shane said.
Holder pushes back on contempt citation
July 5, 2012
Professor Peter Shane was on MSNBC’S “NOW with Alex Wagner” to provide some insight on Attorney General Eric Holder’s reaction to being held in contempt of congress.
“I think the precedent is going to be don’t hold contempt too quickly. It’s not just going to go unresolved until the election. It’s going to go unresolved until this congress goes out of business at the end of the calendar year,” Shane said of the impact on future congressional oversight.
Issa challenges executive privilege
June 26, 2012
Professor Peter Shane was mentioned in a Columbia Daily Tribune article about house committee chairman Darrel Issa challenging President Barrack Obama’s claim of executive privilege over Attorney General Eric Holder being held in contempt of congress.
Issa requested documents from program Operation Fast and Furious. The article noted experts such as Shane “agree with the president's view that all executive branch documents are protected from disclosure.” It also noted, “(Shane) says executive privilege historically covers documents generated anywhere in the executive branch.”
Professor Peter Shane was quoted in a Boomerang Businessweek article. The article suggested President Barack Obama’s invoking executive privilege over House Republicans almost voting to hold Eric Holder in contempt of Congress is a reminder of the Watergate scandal. “The president is in quite a strong position,” Shane said.
He also touched on the House Government and Oversight Committee seeking documents about the Justice Department, which Holder said contained incorrect information. “The committee has not explained in very concrete terms why it needs the documents in dispute,” Shane said. “It’s not really clear why they’re pursuing these so strenuously.”
Professor Peter Shane was quoted in a Bloomberg Businessweek article about President Obama's invocation of executive privilege in the matter of the U.S. House of Representatives voting to hold Attorney General Eric Holder in contempt.
“The president is in quite a strong position” legally, said Shane, a specialist in separation of powers law.
Professor Peter Shane was referenced in an article by The Daily Beast about President Barack Obama invoking executive privilege before the House Republicans voted to hold Eric Holder in contempt of Congress.
“House Republicans could potentially move to sue the administration in district court or subject Holder to its own civil arrest, but Shane called both scenarios extremely unlikely,” the article noted of Shane’s insight.
Why contempt case against Holder may be doomed
June 21, 2012
Professor Peter Shane wrote an article for CNN analyzing the possible results of the contempt case against Eric Holder.
“Whether or not the full House votes Attorney General Eric Holder in contempt, the likeliest resolution will be an informal settlement in which the Justice Department expands slightly on its current offer of disclosure, the committee narrows the range of documents it is demanding, or both compromise in a mutual, face-saving gesture. At least, that would be likely in politically ‘normal’ times,” Shane wrote.
Contempt of Congress: What?
June 20, 2012
Professor Peter Shane was referenced in an article by ABC News for his expertise in executive privilege. In the article, regarding Attorney General Eric Holder being the first member of the Obama administration held in contempt of Congress, Shane noted a standoff involving Republicans in Congress is a possibility.
Professor Peter Shane was quoted in an article on therealnews.com regarding anti-terror practices sprung since the terrorist attacks of Sept. 11, 2001, making the United States a “police state.”
“What seems to me to have been lost — or at least severely compromised — since 9/11 is a sense that government actors who violate civil liberties in the alleged name of national security ought to be held to account,” Shane said. “In the wake of FBI and CIA abuses during the Vietnam Era, we had the Church Committee investigation, which not only created a clear historical record of those abuses, but also laid the groundwork for what became the Foreign Intelligence Surveillance Act.”
Timing of city council prayer stirs outcry
May 20, 2012
Professor Peter Shane was quoted in The Columbus Dispatch in an article regarding a pre-meeting prayer being taken off Mount Vernon City Council meeting agendas due to a complaint that the council was excluding atheists.
“Prayers to begin legislative sessions are generally constitutional because they are viewed less as moments of religious observance and more as a ceremonial attempt to establish the seriousness of this occasion,” Shane said.
Professor Peter Shane's participation in a Thursday tele-debate hosted by the Constitution Project was previewed by the blog Lawfare. Shane, the Jacob E. Davis and Jacob E. Davis II Chair in Law, will be joined by Professor Michael McConnell, the Richard & Frances Mallery Professor, director of the Stanford Law School Constitutional Law Center, and Hoover Institution Fellow for the tele-debate, Are the President's Recent Recess Appointments Constitutional.
He's Dead, But Is It Legal?
Oct. 1, 2011
Professor Peter Shane was quoted in The Real News.com about the killing of U.S.-born Islamist cleric Anwar al-Awlaki in Yemen. Professor Shane said “I don’t think there’s much real doubt that the killing was lawful. The right to use military force for national self-defense is recognized by Article 51 of the United Nations Charter. The Authorization to Use Military Force enacted in the wake of 9/11 explicitly authorizes the President to use “all necessary and appropriate force against those . . . organizations . . . he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, . . . in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.”
He concluded: “There is no question that this authorization allows the use of military force against al Qaeda, and it likewise seems beyond dispute that al-Awlaki sought out and played a leadership role in al Qaeda or a co- belligerent organization, continuing to both plan and call for attacks against the United States and Americans. As a citizen of the United States, al- Awlaki may well have been entitled to some form of ‘due process’ in the determination that he was actually at war with the United States; I imagine that what due process requires in cases like his, however, is a course of fact- finding within the executive branch that is stringent in its rigor and intensity. I would be surprised to learn that such fact-finding had not taken place, especially since the facts justifying his targeting seem clear.”
Yoo: Since Sept. 11, 'civil liberties have grown'
Sep. 9, 2011
Professor Peter Shane was quoted by Law.com in a piece about a panel discussion related to changes in civil liberties following the terrorist attacks of Sept. 11, 2001. Among those participating in the Sept. 9 discussion at New York Law School was John Yoo, a law professor at the University of California, Berkeley School of Law who served as deputy assistant attorney general in the U.S. Justice Department's Office of Legal Counsel during the Bush administration and co-authored the "torture memo" providing legal justification for abusive interrogation.
"I think civil liberties have grown in the last 10 years, primarily because the government has stayed out of the way," he said.
The comment prompted Shane to quip that Yoo has apparently been "traveling exclusively by car for the past 10 years."
Professor Peter Shane was quoted by USA Today in regards to what powers the 14th Amendment gives President Obama to raise the debt ceiling on his own. Legal analysts and politicians debate the powers available under a clause ratified in 1868 that requires Congress to repay federal debts, a key issue in postbellum America. "I would say it's legally treacherous no matter what he does," said Shane, who specializes in separation of powers.
In House, Challenges Over Policy on Libya
June 22, 2011
Professor Peter Shane was quoted in the New York Times about whether President Obama has Constitutional authority to continue the American participation in the war in Libya. The article said: "Peter M. Shane, an Ohio State University law professor and co-author of a casebook on the separation of powers, said it would tell Mr. Obama “that although his formal legal position may be dubious,” he can “steer toward calmer political waters if he conforms his behavior to what Congress has sanctioned.”"
Obama's Bush-Like Approach to Executive Power
June 20, 2011
Professor Peter Shane was quoted in The Atlantic on President Obama's use of executive power to engage in war with Libya. The article said: "The lawyers I spoke to argued that there are some differences. First, they said, the administration's definition of "hostilities" is one that has been discussed almost since the WPR was adopted in 1973; Bybee's definition of "suffering" was drawn from an irrelevant federal statute that concerns "an emergency medical condition for the purpose of providing health benefits." Peter Shane of Ohio State University, who served in the Carter Administration Office of Legal Counsel, crisply stated, "a first-year law student handing in that answer in a legislation class would have gotten a failing grade.'"
Professor Peter Shane was quoted in the blog lawfareblog.com about the War Powers Resolution and the use of unmanned aerial drones by the United States in Libya. “The overwhelming majority of strike sorties are now being flown by our European allies while American strikes are limited to the suppression of enemy air defense and occasional strikes by unmanned Predator UAVs against a specific set of targets, all within the UN authorization, in order to minimize collateral damage in urban areas?” Although the sentence might just be sloppily drafted, it seems to suggest that, in addition to the unmanned Predator strikes, we are still engaged in piloted strikes aimed at “the suppression of enemy air defense.” If so, what is the Administration defense – that these particular strikes are intermittent, even if our overall engagement is sustained? If we’ve got human pilots in the planes, then the warfare-from-a-distance excuse seems inapplicable," Shane was quoted as saying.
Professor Peter Shane was quoted in The Atlantic in an article about Presidential powers.
Peter M. Shane of Ohio State University's Moritz College of Law, a former Office of Legal Counsel official, and now a paramount scholar of presidential authority, points to a 1988 dispute with Congress over AIDS as sewing the seeds of the hard-line "unitary executive" theory. Congress passed a statute requiring the Centers for Disease Control to publish a pamphlet setting out the facts about the disease and ways of preventing it. Ronald Reagan really didn't think AIDS was such a big deal and preferred it not be mentioned at all; the Reagan White House refused to clear the pamphlet. In frustration, Congress by statute instructed the head of CDC--chosen, as White House aides are not, for expertise in public health-- to publish the pamphlet without clearance...
As such, the present administration's conduct puzzles Shane. "The Obama Administration has commendably stayed away from George W. Bush's aggressive claims of executive power, but, perhaps because Congress is itself so dysfunctional these days, the Administration seems to be underplaying the opportunity to reset the terms of presidential authority," Shane said. It's doubly puzzling, he adds, because, as a senator, Joe Biden unsuccessfully introduced "the most thoughtful war powers legislation since 1973. I don't know why the Administration does not resurrect it."
November ballot issues at odds
May 2, 2011
Professor Peter Shane was quoted in the Mansfield News Journal about two potential ballot issues on the Ohio ballot in November: a referendum to overturn the new union law and a proposed amendment to the Ohio Constitution to prohibit a individual mandate to purchase healthcare insurance, a cornerstone of the new federal healthcare law. The article said: Peter Shane, a law professor at The Ohio State University, said several sections of the amendment, which he reviewed at CentralOhio.com's request, run into federal constitutional problems.
"To the extent that an Ohio constitutional amendment purports to stop the operation of a federal law in Ohio ... the amendment would be null and void," he said.
Health care amendment might be on November ballot
Apr. 29, 2011
Professor Peter Shane was quoted in the Lancaster Eagle Gazette on the possibility of an Ohio ballot measure aimed at amending the Ohio Constutition in an effot to overturn President Obama's national healthcare reform policy. "To the extent that an Ohio constitutional amendment purports to stop the operation of a federal law in Ohio ... the amendment would be null and void," Shane said.
Another Chance for Second-Class Justice?
Jan. 20, 2011
Professor Peter Shane was quoted in an OpEdNews.com story about the Obama Administration preparing to resurrect Military Commissions to try Guantanamo detainees. The story states: “‘Although the Commission system has been significantly improved through the Military Commissions Act of 2009, it will always be seen as offering a kind of second-class justice, and it is by no means obvious that anyone will be convicted through the Commission system who could not otherwise be prosecuted in federal court.’”
Professor Peter Shane was recently quoted in an Inter Press Service story about reactions from politicians and legal experts after the end of the trial of the first Guantanamo Bay detainee. The story states: “‘Undoubtedly, the Ghailani verdict will be used by President Obama's political opponents to argue the inappropriateness of trying Guantanamo detainees in civilian court,’ Peter Shane, a professor at Ohio State University's law school, told IPS. ‘That argument assumes, however, that a military commission would have admitted the evidence that the civilian court excluded - which is by no means clear.’”
Space wants national referendum on free trade
Sep. 30, 2010
Professor Peter was recently quoted in a Mansfield News Journal story about U.S. Rep. Zack Space submitting legislation regarding free trade. He is hoping for a national referendum before any new trade deal passes. The story states: “As Peter Shane, another OSU law professor, noted, ‘The Constitution prescribes a specific process for legislation. The Supreme Court has been quite clear, nothing counts as binding law unless it goes through that process.’”
In the Line of Ire
Aug. 13, 2010
Professor Peter Shane was mentioned in a Slate Magazine article that debated the legality of a boardwalk game in New Jersey that features a depiction of President Barack Obama. While playing the game, boardwalk patrons can hurl baseballs at the head of the president. The article states that under the First Amendment, persons have the right to express themselves as such, as long as there is no real threat or intent to harm the person represented in the depiction. The article also mentions that this type of protest has been documented since the 1700s.
Death By Drone: CIA's Hitlist is Murder
July 4, 2010
Professor Peter Shane was quoted in an article by the Inter Press Service that discussed the CIA’s protocol for anyone who attacks or endangers U.S. troops. The article discusses the moral issues that arise if a mistake is made and an innocent person is killed. Shane was quoted on the legality of their actions: ‘Prof. Peter Shane of Ohio State University law school agrees. He tells IPS, ‘So long as the executive branch engages in reasonable processes to distinguish persons who are combatants from those who are not, I do not think that the use of force against them is ...unconstitutional. Whether any specific targeted killing is or is not a good idea, of course, is a completely different question,’ he says.“
Professor Peter Shane was quoted in an Inter Press Service story about the United States’ use of the Guantanamo Bay detention center. The story states: “‘Prof. Peter Shane of the Ohio State University law school told IPS, “‘There seems to be a fundamental philosophical difference between those who believe that the rule of law threatens our fight against terrorism and those who regard it as one of our most potent weapons.’”
In Academia, Kagan Wrote Far Less Than Peers
May 18, 2010
Professor Peter Shane was quoted in a National Law Journal story about U.S. Supreme Court nominee Elena Kagan’s academic scholarship. The story states: “Peter Shane, former dean of the University of Pittsburgh School of Law and an administrative law scholar, called her article a ‘must read.’ ‘I say this even though I disagree with her conclusions in substantial respects,’ said Shane, now at Ohio State University Michael E. Moritz College of Law.”
Court challenge dogs official day of prayer
Apr. 24, 2010
Professor Peter Shane was quoted in a Columbus Dispatch story about a lawsuit filed that hopes to stop a National Day of Prayer. The story states: “Traditionally, the Supreme Court has judged similar cases according to whether the government can prove that a practice with a religious element has a primary secular purpose, said Peter Shane, a law professor at Ohio State University. But federal courts have gone far to call practices secular that clearly aren't, he said. Two examples are the fact that a chaplain leads Congress in prayer and the imprint of In God We Trust on currency. The courts are saying, ‘these practices are so traditional, so noncoercive, so nonsectarian that they really don't pose the kind of threat of religious conflict that the framers (of the Constitution) were trying to avoid,’ he said.”
Madison's Nightmare Review
Apr. 12, 2010
Professor Peter Shane’s book, Madison’s Nightmare, received a strong review in Choice magazine. The review states: “Shane writes deftly to explain constitutional debates such as the one over the ‘unitary presidency’ in terms comprehensible to lay readers. His analysis of Bush 43’s use of executive privilege, control over regulatory policy making, and presidential signing statements are particularly illuminating, Shane devotes several chapters to how ‘aggressive presidentialism’ has undermined decision making in foreign and military policies and general and in national security policies in particular.”
Al Haramain: Waiting for the Other Shoe to Drop
Apr. 3, 2010
Professor Peter Shane was quoted in a Huffington Post column reacting to the U.S. Supreme Court ruling that it was illegal to engage in surveillance of an Islamic charity without a warrant. "The Al-Haramain case strongly supports the value of enacting a legislative framework for the evaluation of state secrets claims,” Shane said. “News stories thus far have generally focused on the unusual circumstances of the case, in which the plaintiffs were able to satisfy the trial judge of both their standing and their entitlement to relief without resorting to classified information.”
Senate Debates Indefinite Detentions
Mar. 5, 2010
Professor Peter Shane was quoted in an Inter Press Service story about legislation proposed in the U.S. Senate that would allow the U.S. government to detain terrorism suspects without charge and conduct trials through military commissions. The story stated: “Prof. Peter Shane of the Ohio State University law school told IPS, ‘There seems to be a fundamental philosophical difference between those who believe that the rule of law threatens our fight against terrorism and those who regard it as one of our most potent weapons.’”
Professor Peter Shane was quoted in a Main Justice story about the handling of the closing of Guantanamo Bay. The story states: “‘OLC is generally not an advocacy unit,’ said Peter Shane, a law professor at Ohio State University and a former OLC lawyer during the Carter administration. ‘A large part of the office’s credibility has been based on the notion that it has kind of a quasi-adjudicative role.’”
Obama Takes New Route to Opposing Parts of Laws
Jan. 8, 2010
Professor Peter Shane was quoted in a New York Times story about a new approach the Obama administration is taking in regards to presidential signing statements. The story stated: “But Peter M. Shane, an Ohio State University law professor, praised the approach as a step toward a return to the ‘normalcy’ of how presidents used signing statements through Reagan’s first term. Mr. Shane has previously criticized the administration over its frequent early use of the device.”
Professor Peter Shane’s blog post from the Huffington Post was highlighted in an NPR story. The story states: “Huffington Post is playing this as the biggest story of the moment with a piece by Peter Shane, a law professor at Ohio State University's Moritz College of Law.”
Professor Peter Shane was quoted in a Lantern story about the future of journalism. The story states: The story states: “‘My question is, what would it be like to organize an entire college or university education around the idea of journalism?’ said Peter Shane, executive director of a recent study of American citizens’ information needs.”
Professor Peter M. Shane was quoted in a CQ Politics article regarding the similarities between Barack Obama and George W. Bush’s national security policies. The story states: “ ‘Presidents and their lawyers are aware that they are protecting not just the administration, but the institution of the presidency,' said Peter M. Shane, an Ohio State University law professor. He said that the president ‘may be reluctant to impose what he takes to be his views on the institution of the presidency for all time.’ “
Professor Peter Shane was quoted in a truthout.org story about the Obama administration's actions under the Freedom of Information Act. The story states: "Ohio State University law professor and constitutional law scholar Peter Shane told Truthout. 'The Bush administration has been history for 10 months, and it is still not clear what path we are on to clarify the historical record on what the Bush administration did or did not do with regard to civil liberties. I wish there were less resistance to lawsuits that are trying to vindicate people's rights in these matters.'"
Sotomayor: The Umpires Strike Out!
Aug. 10, 2009
Professor Peter Shane was quoted in an article in The Public Record on the testimony and swearing in of Sonia Sotomayor. The story states: “And Prof. Peter M. Shane of the Ohio State University law school said, ‘The ideas that Supreme Court Justices are mere umpires, or that constitutional interpretation bears any authentic resemblance to following a baseball rule book, are ludicrous.’”
The (political) party is over
Aug. 2, 2009
Professor Peter Shane was mentioned in a Los Angeles Times column regarding political parties and how they have “degenerated into a system that discourages independent thought and undermines representative government.” The piece states: “What author Peter Shane labeled ‘Madison's Nightmare’ has come true: We live in a world of constant partisan warfare, a never-ending battle between ‘my club’ and ‘your club,’ undermining the belief that a citizen's vote truly counts for something.”
New President, Old Precedent
July 27, 2009
Professor Peter M. Shane was quoted in a CQ Weekly article on President Obama's signing of statements--something he swore he wouldn't do during his campaign for the Oval Office.
The story stated: “The kind of provisions he objected to in the omnibus spending bill — often called a ‘legislative veto’ — have been common targets of presidential signing statements since the 1920s, because they short-circuit the constitutional process that requires approval of both chambers of Congress and the president before legislation can become law, according to Peter M. Shane, a law professor at Ohio State University and author of ‘Madison’s Nightmare: How Executive Power Threatens American Democracy.’ Among the signing statements so far issued, Shane said, ‘There’s none in the ones I’ve seen that are particularly surprising in their assertions of executive power.’”
Professor Peter Shane was quoted in an article in The Public Record on the scrutiny President Obama has received on his proposal to imprison alleged terrorist suspects indefinitely, even if found not guilty. The story states: “Prof. Peter Shane of the Ohio State University law school discussed that issue with us. He argued against both the constitutionality and wisdom of indefinite detention for suspected terrorists.
He said, ‘If the United States has custody of people too dangerous to release, but not properly subject to criminal trial, the correct approach is to seek congressional authority to hold such persons for the duration of the conflict against al Qaeda and the Taliban.’ ”
The battle ahead for Sotomayor
June 1, 2009
Professor Peter Shane was quoted in a National Law Journal story about the nomination of Judge Sonia Sotomayor to the U.S. Supreme Court. The story states: “Executive power and separation-of-power issues are likely to play out in the context of the president's authority as commander in chief and the treatment of detainees, but they also run through areas critical to business. ‘A tricky issue to explore is the so-called unitary executive theory,’ said executive power scholar Peter Shane of Ohio State University Michael E. Moritz College of Law.”
An alternative short list for the high court
May 18, 2009
Professor Peter Shane was quoted in a National Law Journal column about possible choices for U.S. Supreme Court nominees. The column states: “‘I do think it is scandalous to have a Supreme Court with only one woman on it,’ said separation-of-powers scholar Peter Shane of Ohio State University Michael E. Moritz College of Law, and ‘unfortunate there's only one person of color on the court.’”
Building the Ideal Community Information Hub
Apr. 30, 2009
Peter Shane was quoted in a PBS.org column regarding his work on the Knight Commission on the Information Needs of Communities in a Democracy. The story stated: “‘This was not a Commission to save the local newspaper,’ Shane said. ‘The idea was to look at the need for news and information very generally. That was exciting but made this much more complicated. We also wanted to think of this in the context of geographically defined local communities, because that's how our democracy is organized. If the local news and information environment are really not working, then it has to have an impact on governance and that's not good.’”
New Name, Same Detainee Problem
Mar. 16, 2009
Moritz Professor Peter Shane was quoted in an IPS News story about reaction to President Obama’s actions regarding prisoner detention and treatment. The story states: “But not all constitutional experts agreed with the statements of human rights groups. For example, Prof. Peter Shane of the University of Ohio law school took a somewhat more nuanced view. He told IPS, ‘If the Obama administration is abandoning the position that the president has exclusive and virtually unlimited authority to guide foreign and military affairs unilaterally, that may signal a willingness to collaborate with Congress in the development of future initiatives, which, in turn, could well have a moderating impact on American adventurism abroad.’”
Battle looms on White House authority
Mar. 5, 2009
Professor Peter Shane was quoted in a Boston Globe story about the presidential use of power in the Obama administration. The story states: “Peter Shane, an Ohio State University professor of constitutional law, said it is likely that Obama - who also taught constitutional law at the University of Chicago - and Holder are trying to find the proper balance between civil liberties and the need to protect the nation against a terrorist attack. But he said it's also likely that since taking office Jan. 20, Obama and his aides ‘have learned a lot about the operations of those [Bush antiterror] programs that they didn't know during the campaign, and learned a lot about threats to the United States that they didn't know’ at that time.”
A Long-Lived Privilege?
Jan. 29, 2009
Professor Peter Shane was quoted in a Newsweek story about former President George W. Bush directing his former aide not to cooperate with congressional inquiries. The story states: “‘To my knowledge, these [letters] are unprecedented,’ said Peter Shane, an Ohio State University law professor who specializes in executive-privilege issues. ‘I'm aware of no sitting president that has tried to give an insurance policy to a former employee in regard to post-administration testimony.’ Shane likened the letter to Rove as an attempt to give his former aide a 'get-out-of-contempt-free card'.”
Professor Peter M. Shane was quoted in a CQ Politics article regarding the similarities between Barack Obama’s and George W. Bush’s national security policies. The story states: “ ‘Presidents and their lawyers are aware that they are protecting not just the administration, but the institution of the presidency,' said Peter M. Shane, an Ohio State University law professor. He said that the president ‘may be reluctant to impose what he takes to be his views on the institution of the presidency for all time.’ “
Professor Peter Shane was featured in a Dayton Daily News story about his role on President Elect Barack Obama’s transition team. The story states: “Shane, 56, a law professor at the Ohio State University's Moritz School of Law since 2003, is reviewing the International Trade Commission for Obama's transition team, compiling information about the independent agency comprised of six commissioners.”
Professor Peter Shane was quoted in a National Law Journal story about Obama’s transition teams. The story states: “On the International Trade Commission review team is Peter M. Shane, a law professor at Ohio State University Michael E. Moritz College of Law. Shane's research focuses on separation of powers law, and on the Internet and the future of democracy.”
Obama econ team filled with Clintonites
Nov. 14, 2008
Professor Peter Shane was mentioned in a Politico.com story about his role on President-elect Barack Obama’s economic team. The story states: “Other advisers working on the team include Michigan State University assistant professor Lisa Cook; Ohio State University law professor Peter Shane … ”
Bush, Out of Office, Could Oppose Inquiries
Nov. 12, 2008
Professor Peter Shane was quoted in a New York Times story about what executive privileges President Bush may try to claim after leaving office in January. The story states: “But if Mr. Obama decides to release information about his predecessor’s tenure, Mr. Bush could try to invoke executive privilege by filing a lawsuit, said Peter Shane, a law professor at Ohio State University. In that case, an injunction would most likely be sought ordering the Obama administration not to release the Bush administration’s papers or enjoining Mr. Bush’s former aides from testifying. The dispute would probably go to the Supreme Court, Mr. Shane said.”
POTUS Live with Tim Farley
Oct. 22, 2008
Professor Peter Shane was interviewed on an XM Radio show called “POTUS ’08” about how the outcome of the upcoming presidential election could change the interbranch dynamics of the U.S. Congress. (Subscription required).
Professor Peter Shane was quoted in a National Law Journal story about whether powers given to the U.S. treasury secretary in the federal government’s proposed bailout bill are constitutional. The story states: “A statute saying the Treasury secretary is authorized to do anything he wants to protect the American economy would be too broad, agreed Shane, adding, ‘The question is: Does this [proposal] come too close to that? The nondelegation doctrine is a doctrine about specificity of constitutional standards.’”
Memo To Obama And McCain: Add To Your Do-Do List
Aug. 5, 2008
Professor Peter Shane was quoted in a Huffington Post column about how the Department of Justice uses the term “person of interst.” Prof. Shane is quoted: "The 'person of interest' phenomenon is something like the opposite side of the coin from terrorist watch lists. In the name of improving public safety, government authorities want to create some status for suspicious-seeming individuals that would enlarge government's investigative power without triggering the civil liberties protections that go with identifying anyone as an actual criminal 'suspect'. So far, it is not at all clear how much safety the public is getting out of the shift to a 'preventive law enforcement' mentality. There is a substantial risk that we will wind up less free, but actually no safer."
Professor Peter Shane was quoted in a Los Angeles Times story about a federal judge’s decision to order White House officials to cooperate with an investigation into the firing of several U.S. Attorney. "The practical significance of the opinion will depend chiefly on whether the investigations persist into the next Congress and on how the new administration responds," said Peter M. Shane, a professor at Ohio State University's law school.
Professor Peter Shane was quoted in a Newsweek story about President Bush’s refusal to disclose key details about Vice President Dick Cheney's role in the leak of CIA operative Valerie Plame's identity. "As far as I know, this is an utterly unprecedented executive-privilege claim," said Peter Shane, an Ohio State University law professor who is an expert on executive privilege and separation-of-powers issues. "I've never heard this claim before."
War Powers Discussion on WHYY Radio
July 15, 2008
Professor Peter Shane was a guest on Radio Times with Marty Moss-Coane on Philadelphia-based WHYY Radio. The show focused on reactions to the National War Powers Commission Report and provided a closer look at executive and congressional powers of war. Professor Shane was joined by interim president of the College of William And Mary, Taylor Reveley, and Princeton University lecturer, Mickey Edwards.
Professor Peter Shane was quoted in a Los Angeles Times story about a group he is directing on how to keep communities connected in the digital age. "The advantages that the Internet has brought to Americans in connecting with issues and organizations on a national and even global scale have outpaced developments in promoting local information flow," said Peter M. Shane, an Ohio State University law professor and executive director of the group. "Many Americans find it easier to track developments in the U.S. EPA than in their own city council."
Professor Peter Shane was quoted in a Washington Post story regarding the White House’s refusal to turn over documents sought by a House investigative committee on greenhouse-gas emissions. The story states: “Peter Shane, a law professor and executive privilege expert at Ohio State University, said the conflicts are ‘part and parcel of a larger effort to reinstate what the Bush administration believes to be the proper scope of executive power.’ In the EPA case, Shane said, Congress appears to be conducting an investigation of a policy decision that already has been made, a factor that he said ultimately could give lawmakers ‘an upper hand.’”
Clash Nears Over U.S. Attorney Firings
June 16, 2008
Professor Peter Shane was quoted in a National Law Journal article about the legal battle still brewing over the forced resignations of nine U.S. attorneys in 2006. The story states: “The House suit is the first case since Watergate involving a congressional demand for White House information that reached the litigation stage, said separation-of-powers scholar Peter Shane of Ohio State University Michael E. Moritz College of Law. Since Watergate, 'the cases on executive privilege in the [U.S. Circuit Court of Appeals for the District of Columbia] all had to do with special prosecutor investigations,' he said. 'The parties in interest there were really the Office of Independent Counsel and the White House.' If this battle is not unique, he added, 'It is nearly arguably so, and a replay of issues we haven't seen played out for 30 years. It's very important.'”
Courts May Get More Latitude on "State Secrets"
Apr. 25, 2008
Professor Peter Shane was quoted on an IPSNews.net story regarding a committee approval of the State Secrets Protection Act. The story says that the act would “allow judges to review government evidence supporting its claims that bringing a case to civil trial would involve disclosure of classified state secrets and thus compromise national security.” Professor Shane told IPS that the Bush administration "has been conspicuous in its defense of the executive's secret-keeping authorities, even where disclosure of the information sought would not seem to undermine any public interest."
Professor Peter Shane was quoted in a Daily Reporter story about a national commission that he will be leading. The commission is expected to determine whether the information needs of 21st century American citizens and communities are being met and make recommendations for public policy and private initiatives that will help better meet community information needs. "The most obvious change is the explosion of new technologies relevant to the creation and sharing of information," Shane told The Daily Reporter Tuesday. "Local and global events have become more profoundly interconnected, both literally and metaphorically."
Congress Seeks to Limit "State Secrets" Privilege
Jan. 31, 2008
Professor Peter Shane was quoted in a story written by the Inter Press News Service that was picked up by a handful of newspapers. The story concerned legislation that would provide a mechanism for protecting legitimate state secrets while also permitting civil litigation filed against the U.S. to proceed. "The current Supreme Court is so solicitous of presidential power that there is absolutely no prospect of real reform initiated by the current judiciary. If there is to be change, it will have to be at the initiative of Congress," Shane said.
Watchdogs spurn Bush's vow of earmark veto
Jan. 29, 2008
Professor Peter Shane was mentioned in a Boston Globe story about President Bush's announcement of a new initiative against congressional earmarking of funds for politicians’ pet projects. The story states: “Still, Ohio State University law professor Peter Shane said that Bush's executive order could have some impact a year from now. If Bush's successor decides to allow earmarking to continue, perhaps to avoid a fight with Congress, he or she will still have to pay the political price of rescinding Bush's order, Shane said.”
Democratic Leaders Delay Contempt Again
Jan. 24, 2008
Professor Peter Shane was quoted in a news story on truthout.org regarding the possible contempt hearings of at least two members of President Bush’s Administration. "The Democratic leadership is presumably aware that the president can ultimately short-circuit any contempt process by using his pardon power," said Ohio State University Law Professor and separation of powers expert Peter Shane.
Candidates on executive power: a full spectrum
Dec. 22, 2007
Professor Peter Shane was quoted in a Boston Globe story regarding the current presidential candidates’ views on executive power. “Peter Shane, an Ohio State University law professor who studies executive power, said Romney's answers suggest that the former Massachusetts governor will probably embrace the Bush administration's legal theories on executive power. ‘It's fair to say that the Democrats, Senator McCain, and Representative Paul are united in supporting a reinvigoration of checks and balances and the reassertion of a meaningful congressional role in national security affairs,’ said Shane.”
Senator Leahy, Executive Power, and the Rule of Law
Dec. 11, 2007
Professor Peter Shane published an Opinion Editorial on the Jurist Legal News & Research website regarding Senator Leahy, Executive Power, and the Rule of Law. “The past seven years have escalated the assault on those norms that has become all too routine since the Reagan Administration. As a result, and paradoxical though it may seem, any successful return to a “rule of law” ethos between the elected branches now requires Congress to back its legal arguments with political muscle.”
Maneuver gave Bush a conservative rights panel
Nov. 6, 2007
Professor Peter Shane was mentioned in a Boston Globe story regarding how President Bush used a political maneuver to make a conservative majority on the U.S. Commission on Civil Rights. The story states: “But until Bush's 2004 appointments, no president used reregistrations by sitting commissioners to satisfy the law that forbids presidents from appointing a fifth commissioner of the same party. Bush's move , represented an unprecedented ‘escalation’ in hardball politics, said Peter Shane, Ohio State University law professor.”
On Executive Privilege, Think Budget, Not Contempt
Sep. 18, 2007
Professor Peter Shane published an Opinion Editorial in Roll Call regarding how to coerce cooperation in the investigation of eight U.S. attorneys who were fired this year. “A narrowly tailored threat of budgetary retaliation has no obvious disadvantage. It promises to lead our elected branches to a sensible balance between Congress’ compelling interest in investigating possible Justice Department wrongdoing and the president’s legitimate concern for preserving an expectation of confidentiality for his dealings with senior advisers.”
Sharp Questions Await Gonzales Successor
Aug. 28, 2007
Professor Peter Shane was quoted in hundreds of newspaper and television stories around the world regarding the resignation of U.S. Attorney General Alberto Gonzales. The Associated Press story that cited Shane was printed in The New York Times, The Washington Post, The Los Angeles Times, The Philadelphia Inquirer, Forbes, and several others. “Selecting a successor to Gonzales will be a challenge because the Senate is unlikely to confirm anyone as aggressive as Gonzales in the defense of executive power and the practice of secrecy,” said Peter Shane, professor at The Ohio State University Moritz College of Law.
He also was quoted in the Atlanta Journal-Constitution and dozens of other Cox Newspapers, as well as in The Columbus Dispatch. His Opinion Editorial on the Jurist web site was linked by Yahoo News.
Governor's 'edicts' anger GOP
Aug. 27, 2007
Professor Peter Shane was quoted in a story in The Cincinnati Post and several other newspapers regarding Ohio Gov. Ted Strickland’s use of executive power. "In every government, when you have different parties in control of the executive branch and the legislative branch, you're going to find the executive branch looking for ways to exercise its power unilaterally," Shane said.
Working group to study e-democracy efforts
Aug. 2, 2007
Professor Peter Shane was quoted in an FCW.com story regarding an international panel that will research the use of online meetings as a way of increasing citizen participation in government decisions. A conference on the topic is expected at The Ohio State University in March 2008. “If there’s going to be a future for online consultation, it’s only going to happen if people become persuaded that their efforts will pay off in terms of real impact on government decision-making,” Shane said.
The Democratsâ€™ Privilege Problem
July 30, 2007
Professor Peter Shane was quoted in a Congressional Quarterly story about President Bush’s use of executive privilege in the investigation of U.S. attorney firings. The story explains how Democrats have shrinking opportunities to force Bush to cooperate with the investigation, especially now that the Justice Department has said it will not press charges against those people Congress holds in contempt. “At the end of the day . . . ultimate leverage in a criminal scenario belongs to the White House,” said Peter M. Shane, a constitutional law expert at Ohio State University.
Democrats Seek Perjury Charge for Attorney General
July 27, 2007
Professor Peter Shane was a guest on PBS’ NewsHour with Jim Lehrer Friday, July 27, to discuss the ongoing investigation of U.S. Attorney General Alberto Gonzales. “I think, given this track record, it is hard to say that there is no serious basis for an investigation whether he was speaking truthfully,” Shane said regarding Gonzales. Find a transcript and recording of the show at this link. Shane also was a panelist on National Public Radio’s To the Point program on Thursday, July 27, to discuss the same topic. Listen to a recording of the show here.
Professor Peter Shane participated in an online panel of experts to discuss President Bush’s recent decision to invoke his executive privilege. Hosted by the Federalist Society, the panel included professors from Yale, University of Chicago, and Columbia law schools. “If the executive wants to play at unilateralism, why not play the easiest Congressional pressure card? (And, lest you think these folks would work for free, the Antideficiency Act forbids it.)” Shane wrote. “Might some such move not be more effective at nudging the White House towards a serious deal -- a deal that, at a minimum, involves a transcript?”
Another U.S. attorney in a tight spot
July 22, 2007
Professor Peter Shane was quoted in a Los Angeles Times story regarding the U.S. Attorney who may be forced to decide whether to pursue contempt charges against White House officials and others failing to cooperate in the probe of the firing of several U.S. Attorneys. The story says, “Shane suggested that the Justice Department appoint a special counsel to evaluate the merits of the case and the legal arguments. ‘The administration could file legal briefs on behalf of the defense,’ he said, ‘and it would give the defendant an opportunity to raise executive privilege in defense of nonappearance.’”
In Iraq bills, a Vietnam echo
July 16, 2007
Professor Peter Shane was quoted in a Boston Globe story about the difficultness of using legislation to withdraw U.S. troops from a war. Congress has historical precedent when limiting presidents’ powers in times of war, but all those incidents involved a president willing to sign Congress’ bills into law, the story says. President Bush has promised to veto any bill that limits how he conducts the Iraq war. "If the executive branch is determined to push its powers to the brink of what they can get away with, the problem for the other branches is that any response they can make within a system of checks and balances takes time," said Peter Shane, an Ohio State law professor.
Disregard subpoenas, Justice Dept. says
July 12, 2007
Professor Peter Shane was quoted in the Los Angeles Times story regarding a Justice Department decision to allow top White House aides to disregard subpoenas in the investigation of the firing of several U.S. attorneys. Shane was quoted as: Unlike the pardon power, Congress has "constitutional authority to create and regulate the general conditions of appointment and removal for U.S. attorneys," said Shane, a professor at Ohio State University law school. "Moreover, it is entitled to investigate whether executive branch officials who have already testified under oath have testified truthfully."
Bush won't let staff testify
July 10, 2007
Professor Peter Shane was quoted in the Los Angeles Times and the Baltimore Sun regarding President Bush’s decision to assert executive privilege by refusing to allow congressional access to senior officials and documents in regards to the firing of eight U.S. Attorney’s last year. He also was interviewed on several radio programs on the same topic. Here's a link to a Wisconsin Public Radio July 11 interview. "Whether out of arrogance or principled conviction, the current administration has seemed all but oblivious to the political downside of insisting on executive branch secrecy," said Shane, an expert on executive privilege at Ohio State University's law school, in the Los Angeles Times. "Given that no one in the White House is seeking re-election, it is unclear whether they will compromise, short of receiving some extraordinary pressure from congressional Republicans who may be more concerned than the president with appearing to represent the 'party of cover-up.'"
Bush Asserts Executive Privilege on Subpoenas
June 29, 2007
Professor Peter Shane was quoted in the New York Times regarding the possibility of a Constitutional showdown over the use of executive privilege. “Given the way in which both the U.S. attorney matter and the N.S.A. matter are now percolating through committees, I would be very surprised if there were not a major showdown over executive privilege,” said Peter M. Shane, a law professor at Ohio State University and an authority on executive privilege. “It might not get to court, but there will have to be some very high pressure negotiations at a very late stage to avoid that.”
Two ex-aides called to testify in firings
June 15, 2007
Professor Peter Shane was quoted in the Baltimore Sun and LA Times regarding Congress' issuance of additional White House subpoenas in the U.S. Attorney firing controversy. "I think if you were to stand back from this and say who has the better argument, the answer is going to be Congress," said Peter Shane, an expert on separation of powers at the Ohio State University law school.
In the Boston Globe Professor Peter Shane discusses using technology as a way to get citizens more involved in local government issues. In fact, promising experiments are underway to encourage citizen input in regional planning, drafting of regulations, and even to use "wiki" technology to collectively draft laws, says Peter Shane, a law professor at Ohio State University. Shane was the lead investigator for the Virtual Agora Project, a four-year study at Carnegie Mellon University funded in 2001 with a $2.1 million grant from the National Science Foundation. The goal was to investigate whether new information technologies might have, as one of the project's researchers put it, "a potentially revolutionary application -- permitting large numbers of citizens to easily learn about, deliberate, and act on political and social issues." "We found that under carefully designed circumstances we could provide an online meeting that seemed to have the same positive impacts of a face-to-face meeting," Shane says.
U.S. attorney firings poorly defended
May 9, 2007
Professor Peter Shane, an expert in Presidential powers, opines about the U.S. Attorney firings in an Opinion Editorial piece in the Columbus Dispatch.
Bush, Congress at odds over subpoenas
Mar. 22, 2007
Professor Peter M. Shane is quoted in this Chicago Tribune article on President Bush forbidding his top aides to testify publicly and under oath on the firings of eight federal prosecutors, possibly setting the stage for a possible legal battle with Congress that he might not be able to win, experts say, making a compromise more likely. "There is no absolute right to presidential privilege," said Shane. "What's at stake here is a qualified privilege. Bascially what somebody has to do—and that somebody could ultimately be a court—is consider the interests at stake for both parties… and which is the weightier interest."
U.S. attorney firings viewed as scary step
Mar. 18, 2007
Professor Peter M. Shane is quoted in this story from the St. Louis Post-Dispatch (appearing in the Columbus Dispatch) about the flap over the recent firing of eight U.S. attorneys. "The reason why the president hasn't done anything unlawful is because Congress, as a matter of policy, has trusted presidents to exercise this in wise and legitimate ways," said Shane. "I don't think Congress was thinking that if U.S. attorneys don't beat up on the opposition party with sufficient vigor, we think it would be great for the president to get rid of them."
Professor Peter Shane is quoted in this Law.com article on the process of appointing U.S. Attorneys. Shane said that as long as U.S. Attorneys are considered "inferior officers" under the Constitution, as they are now, the Constitution allows Congress to forgo its advise and consent power and to give the appointing authority to the president alone, heads of departments or to courts. "What's interesting about all of this, in part, is: This is a potential constitutional-theory nightmare for the Bush administration," he said. "On the one hand, of course they would want to defend the legality of the interim appointments by the attorney general and that defense depends on the characterization of U.S. Attorneys as inferior officers. On the other hand, I'm guessing they wouldn't be too happy about judicial appointment of these folks."
Professor Peter Shane is quoted in this New York Times article on the upcoming testimony by Vice President Dick Cheney in the Libby trial. "This could be great theater," said Shane. Anything Mr. Cheney says for the defense, he said, becomes "fair game" to be picked apart by the prosecution. This story also appeared in the San Francisco Chronicle and the Dallas Morning News.
Cheney Willing to Testify at Libby Trial
Dec. 20, 2006
Professor Peter Shane is noted in this Washington Post story on Vice President Dick Cheney's willingness to testify in the perjury and obstruction-of-justice trial of his former chief of staff. Shane said Cheney's appearance is unusual because of his aggressive efforts in other matters to protect the executive office from being forced to disclose details of its deliberative process or inner workings.
A National Science Foundation-funded initiative to "build and sustain an international digital government research community of practice" has agreed to provide support for an international "digital democracy" research group to be co-chaired by Peter M. Shane, Director, Moritz Center for Interdisciplinary Law and Policy Studies, and Joseph S. Platt - Porter, Wright, Morris & Arthur Professor of Law, and Stephen Coleman, Professor of Political Communication at the Institute of Communications Studies, University of Leeds.
Hail to the chief
Nov. 26, 2006
Professor Peter Shane is quoted in this Boston Globe story on Vice President Dick Cheney's push for more executive powers. Shane predicted that Cheney's long career of consistently pushing against restrictions on presidential power is likely to culminate in a series of uncompromising battles with Congress. "Cheney has made this a matter of principle," Shane said. "For that reason, you are likely to hear the words 'executive privilege' over and over again during the next two years." This story also appeared in the San Francisco Chronicle.
What Are the Limits of Executive Privilege?
Jan. 28, 2006
Professor Peter Shane was interviewed on National Public Radio's Weekend Edition. The program focused on the use of executive privilege in withholding documents and testimony regarding domestic surveillance and the response to Hurricane Katrina.
Professor Peter M. Shane is quoted in this San Francisco Chronicle story about Judge Samuel Alito's U.S. Supreme Court confirmation hearings.
Dec. 28, 2005
Professor Peter M. Shane appeared on C-SPAN's morning public affairs call-in program, Washington Journal, to discuss the legal sources and uses of presidential power in the United States.
Protective Of the Presidency
Sep. 11, 2005
Professor Peter M. Shane wrote an op-ed that appeared in the Washington Post that addressed the nomination of John Roberts as Chief Justice of the U.S. Supreme Court.
In a Pittsburgh Post-Gazette story about the involvement of Congress in the Terri Schiavo case, Professor Peter Shane said that the bill has the flavor of unconstitutionality.
To Repair the Electoral College, Drop Two
Oct. 31, 2004
Professor Peter Shane, the director of the Center for Law, Policy and Social Science, wrote this op-ed column which appeared in The Washington Post. Shane noted that if the 2004 presidential election brings another mismatch between the electoral and popular votes, maybe there will be national agreement that the current electoral college system has got to be reformed.
Usurping the Voters
July 19, 2004
Professor Peter M. Shane considered what would happen if the Electoral College wasn't selected by the voters in an op ed piece in the Washington Post.