Moritz Faculty

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.

2005 Media Hits

December, 2005

White House gets a surprise on its Web site
Dec. 30, 2005
Featured Expert: Peter P. Swire

Professor Peter Swire said that a federal agency must demonstrate a "compelling need" to use web bugs on a site in this Associated Press story (printed in the Seattle Post Intelligencer) about an outside contractor who used Internet tracking technology on the White House's web site without permission. The story also appeared in the Pittsburgh Post-Gazette on January 1, 2006.

In the Name of Homeland Security, Telecom Firms Are Deluged With Subpoenas
Dec. 30, 2005
Featured Expert: Peter P. Swire

In this Newhouse News Service story about the increase of subpoenas for information from the telecommunications industry, Professor Peter Swire said that he is hearing it is unpatriotic to insist on legal subpoenas first."

NSA's Lamest Spy Tool: Cookies
Dec. 29, 2005
Featured Expert: Peter P. Swire

In an Associated Press story on Wired News, Professor Peter Swire commented on the use of "cookies" on the National Security Agency's Internet site.

Convicted Columbus Terrorist To Appeal
Dec. 29, 2005
Featured Expert: Joshua Dressler

In a report broadcast on WCMH-NBC 4 (Columbus) about the possible appeal of convicted Columbus terrorist, Iyman Faris, Professor Joshua Dressler said that Faris should not expect to be freed.

Presidential Powers
Dec. 28, 2005
Featured Expert: Peter M. Shane

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.

Alito Memo in '84 Favored Immunity for Top Officials
Dec. 24, 2005
Featured Expert: Peter P. Swire

In this New York Times article, Professor Peter Swire cautioned against making too much of a 1972 statement by Samuel A. Alito Jr., President Bush's Supreme Court nominee. The statement concerned granting immunity from lawsuits ordering wiretaps of Americans without permission from a court.

Alito to Face Queries on Executive Power Stance
Dec. 24, 2005
Featured Expert: Peter P. Swire

On National Public Radio's All Things Considered, Professor Peter Swire discusses the absolute immunity case which Judge Samuel A. Alito Jr. wrote about in the 1980s.

Was Focus of Patriot Act Debate a Dodge
Dec. 11, 2005
Featured Expert: Peter P. Swire

As Congress debates renewal of the USA Patriot Act, Professor Peter P. Swire noted in the Los Angeles Times story that the administrative subpoena known as a national security letter may be cause for greater concern than the "library provision."

November, 2005

Saddam trial forges on: Tighter security surrounds Hussein case after killing of 2 defense lawyers and foiled murder plot
Nov. 28, 2005
Featured Expert: John B. Quigley

In a Newsday article printed in the Chicago Tribune about the trial of Saddam Hussein, Professor John B. Quigley said that it is much more difficult than a typical murder trial.

Expert: Vague language in gay marriage ban drives lawsuits
Nov. 23, 2005
Featured Expert: David A. Goldberger

Two Moritz Law professors were quoted in an Associated Press story about a Cincinnati attorney suing to overturn the health benefits of Miami University employees' same-sex partners. Professor David Goldberger said that there will more of these kinds of challenges. Professor Marc Spindelman said that the meaning of Issue 1, which banned civil unions in Ohio, that was promised is not the meaning of Issue 1 that proponents are urging the courts to enforce.

Expert: Vague language in gay marriage ban drives lawsuits
Nov. 23, 2005
Featured Expert: Marc Spindelman

Dispute Over Images: Lawyer in porn cases is also an FBI target
Nov. 21, 2005
Featured Expert: Joshua Dressler

Professor Joshua Dressler said that defense attorneys shouldn't assume the risk that the government will try to charge them with a crime simply for assisting the accused in this Columbus Dispatch story about a Cleveland lawyer who defends child-pornography defendants.

A family in crisis, children in limbo: A family in turmoil, lives in balance
Nov. 18, 2005
Featured Expert: Katherine Hunt Federle

Professor Katherine Hunt Federle, the director of the Justice for Children Project, is quoted in this Cleveland Plain Dealer article about the child-welfare system and its capabilities to strip parents of their legal custody rights in certain cases.

Back in Ohio, Smith heeded call to free-speech battle
Nov. 14, 2005
Featured Expert: Edward B. Foley

Professor Edward B. "Ned" Foley, an election law expert, is quoted in this Columbus Dispatch article about Capital University law professor Bradley A. Smith, who departed a position as head of the Federal Elections Commission in August and became involved with the four "politically charged constitutional amendments that were decided by Ohio voters on Tuesday."

GOP reform plan needed, expert says: Alternatives to failed amendments expected
Nov. 10, 2005
Featured Expert: Edward B. Foley

In a Toledo Blade story about the defeat of efforts to reform Ohio elections, Professor Edward B. (Ned) Foley said that it's time for Republicans to step to the plate.

Bush's dip in polls may affect his leverage in Patriot Act renewal
Nov. 10, 2005
Featured Expert: Peter P. Swire

In The Hill, Professor Peter Swire said that President Bush's bargaining position has weakened, and he does not have the same leverage over GOP members as he had in previous years.

Issue 1 is lone winner: 4 constitutional amendments designed to reform state government suffer resounding defeats
Nov. 9, 2005
Featured Expert: Edward B. Foley

In a Columbus Dispatch story about the defeat of four constitutional amendments in Ohio, Professor Edward B. (Ned) Foley said that the reformers tried to do too much by putting too many issues on the ballot.

Should Hedge Funds Be Regulated? Legal Affairs Debate
Nov. 8, 2005
Featured Expert: Dale A. Oesterle

Hedge funds are growing like never before. Despite estimates that place the industry's total value above a trillion dollars, funds remain virtually free from the oversight of the Securities Exchange Commission. Moritz Professor Dale Oesterle debates the issue with David Skeel, the S. Samuel Arsht Professor of Corporate Law at the University of Pennsylvania Law School.

Using 'Patriot Act' FBI Spies On 30,000 Citizens A Year
Nov. 6, 2005
Featured Expert: Peter P. Swire

In a story about the use of the Patriot Act, Professor Peter Swire said that even mobster "John Gotti finds out eventually that he was wiretapped" in a criminal probe.

Microsoft calls for federal privacy law
Nov. 4, 2005
Featured Expert: Peter P. Swire

In a United Press International story, Professor Peter Swire said that the Microsoft Corp. decision to call for uniform federal legislation to replace inconsistent laws currently in place to protect the privacy of Internet users is a landmark one.

The FBI's Secret Scrutiny
Nov. 4, 2005
Featured Expert: Peter P. Swire

In a Washington Post story about the use of the Patriot Act, Professor Peter Swire said that even mobster "John Gotti finds out eventually that he was wiretapped" in a criminal probe.

October, 2005

Initiative would give appointed board oversight of elections
Oct. 28, 2005
Featured Expert: Edward B. Foley

Professor Edward B. (Ned) Foley, an expert in election-law and director of an election law project at the Moritz College of Law, is quoted in this Columbus Dispatch article about Issue 5 on the November ballot, which would create a bipartisan, nine-person board to administer Ohio elections instead of the secretary of state.

Short leash for Hussein during trial
Oct. 19, 2005
Featured Expert: John B. Quigley

In this Chicago Tribune story (from Newsday) Professor John B. Quigley said that removing Saddam from the court can be problematic; it seems unfair to be trying somebody when he's not present.

Independent panel would handle legislative redistricting
Oct. 13, 2005
Featured Expert: Edward B. Foley

Professor Edward B. "Ned" Foley was interviewed by This Week Newspapers on Issue 4, stating that drawing district boundaries has been a messy process throughout the nation's history. "The development of computer technology and a loss of self-restraint among party activists on both sides, the combination of both, has maximized dramatically the extent to which parties gerrymander," Foley said.

Voters to decide political donation limits; Some see merits, but oppose Issue 3
Oct. 11, 2005
Featured Expert: Edward B. Foley

Republican legislators challenged by the governor last winter to clean up Ohio's sullied campaign contribution system chose to quadruple donation limits and disclose the name behind every dollar given. Professor Edward B. "Ned" Foley said the current contribution limit of $10,000 is "unnecessarily large" in this Cleveland Plain Dealer story.

Court supports family contact; Grandparents allowed some visitation rights
Oct. 11, 2005
Featured Expert: Katherine Hunt Federle

In this Cleveland Plain Dealer story, Professor Kate Federle is interviewed on the Ohio Supreme Court's unanimous ruling that under certain circumstances grandparents or other blood relatives can get visitation with a child over a parent's objection. The ruling acknowledges that families are defined in a much broader context than just a nuclear family, said Kate Federle.

Support shifts on absentee vote reform
Oct. 9, 2005
Featured Expert: Edward B. Foley

Professor Edward B. "Ned" Foley is quoted in this Toledo Blade story about the decreasing popularity of early voting and no-fault absentee ballots. "Given the huge long lines that occurred in Ohio last year, there's the sense that we need to solve that problem somehow. The easiest and perhaps least expensive solution is to allow more in-home voting," said Foley.

Life without the critical fifth vote
Oct. 7, 2005
Featured Expert: Douglas A. Berman

Professor Douglas Berman was quoted in The National Law Journal article about Sandra Day O'Connor's heightened scrutiny of capital cases.

Abortion debate foes tap into technology to serve their beliefs; Advances like ultrasound used by both
Oct. 3, 2005
Featured Expert: Ruth Colker

Professor Ruth Colker is quoted in this Toledo Blade article about advancements in medical technology and its use on both sides of the abortion argument. "What the court has continued to say, even though states aren't happy about it, is when states try to limit abortion after viability they still have to allow an exception for the health and well-being of the mother," Colker said.

Lawyers, lawmakers' roles conflict in scandal probe
Oct. 3, 2005
Featured Expert: Sharon L. Davies

In this AP story printed in the Akron Beacon Journal, Professor Sharon Davies is quoted about legitimate concerns that have risen from prosecutors' request that lawmakers keep their hands off an investigation into Ohio's government scandal. Davies said "a task force of county and federal prosecutors want top lawmakers to avoid hearings on the scandal out of fear such hearings could provide immunity from criminal prosecution." Legislative hearings are "a very effective tool for legislators," said Davies. "It just is one that happens to create problems for prosecutors."

Hung juries more common
Oct. 3, 2005
Featured Expert: Joshua Dressler

Professor Joshua Dressler is quoted in this Columbus Dispatch article about the increasing difficulty that Franklin County jurors are experiencing when reaching agreements. "From 2001 to 2004, the county averaged 13 hung juries a year on criminal cases. So far this year, 20 juries have deadlocked," said Dressler. He further said although he knows of no statistical studies on the topic, some cases are more likely to be a problem for jurors than others."

September, 2005

Handguns in Ohio: Concealed-carry debate still leaves both sides up in arms
Sep. 19, 2005
Featured Expert: Ric Simmons

In this Toledo Blade story, Professor Ric Simmons is quoted about issues that have arisen seventeen months after Ohioans gained the privilege to carry concealed handguns

Government appeal of ruling on arrest likely to delay trial; Judge said detention illegal, confession OK
Sep. 16, 2005
Featured Expert: John B. Quigley

In this Columbus Dispatch story about the U.S. government's decision to appeal a decision by a federal judge that the arrest of a terrorism suspect was illegal, Professor John B. Quigley expressed surprise that the government chose to appeal.

Protective Of the Presidency
Sep. 11, 2005
Featured Expert: Peter M. Shane

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.

MDL suit won't be heard until July, 2007: Ohio will have new governor by then
Sep. 7, 2005
Featured Expert: Christopher M. Fairman

Professor Christopher M. Fairman is quoted in this Toledo Blade article about the state's plan to resolve its lawsuit against MDL Capital Management, the Pittsburgh-based investment firm that lost $215 million in a Bermuda hedge fund, in 2007. He said there is a variety of reasons for the trial to be scheduled in 2007, one of which could involve the gubernatorial election. He said a post-election trial could get the defendants and plaintiffs 'far away from the window of potential political damage' and remove the election's influence from the proceedings."

Homeland Security: How Far Have We Come?
Sep. 5, 2005
Featured Expert: Peter P. Swire

In a story how government and business is still searching for effective ways to share information, Professor Peter Swire cautioned that a gigantic database is a target for terrorists and other bad guys.

August, 2005

Va. Gubernatorial Hopefuls Use Data to Zero In on Voters
Aug. 28, 2005
Featured Expert: Peter P. Swire

Professor Peter Swire is quoted in this Washington Post story about the candidates for Virginia governor using databases of demographic information and consumer habits in creating advertising.

2 words may be key for Taft: 'Knowingly' and 'inadvertent' could be dividing line on charges
Aug. 12, 2005
Featured Expert: Joshua Dressler

Professor Joshua Dressler explains the difference between "knowingly" and "inadvertent" in this Dayton Daily News story about whether Ohio Governor Bob Taft's failure to disclose free golf outings on his financial disclosure statements violated state ethics law.

Off-campus housing south of OSU seeing benefits from Gateway project
Aug. 12, 2005
Featured Expert: Joseph B. Stulberg

This Columbus Business First story about the South Campus Gateway project quotes Associate Dean Joseph B. (Josh) Stulberg and several students who live in the law student apartments.

Europe Zips Lips; U.S. Sells ZIPS
Aug. 7, 2005
Featured Expert: Peter P. Swire

In this New York Times story, Professor Peter Swire says that the U.S. doesn't have a general framework that says privacy rules apply to everyone.

July, 2005

Key turf war: Control of nominee's old papers
July 28, 2005
Featured Expert: David A. Goldberger

In this USA Today story, Professor David A. Goldberger is quoted about the dispute over access to documents becoming an increasingly common feature of the Senate confirmation process for top U.S. officials.

15th Anniversary of the ADA
July 27, 2005
Featured Expert: Ruth Colker

Ruth Colker, a law professor at The Ohio State University and author of The Disability Pendulum, talks about the progress that has been made since the Americans with Disabilities Act was passed in 1990.

Fight over executive privilege not a first; Constitution does not expressly spell it out, but leaders rely on it
July 25, 2005
Featured Expert: David A. Goldberger

Professor David A. Goldberger was quoted in this Columbus Dispatch story about the continuing conflict between State Sen. Marc Dann and Gov. Bob Taft over several documents which Dann believes should be made public under the law. "If the case goes forward, Dann's attorneys would have a tough time convincing the Supreme Court that Taft must turn over the uncensored documents," said Goldberger.

More than curb cuts; Law passed in '90 has opened many - but not all - doors to disabled
July 24, 2005
Featured Expert: Ruth Colker

Professor Ruth Colker was quoted in this Columbus Dispatch article about positive and negative changes to the lives of disabled Americans following the passage of the Americans with Disabilities Act in 1990. Colker hails the act for slowly transforming attitudes, but she said few could have predicted the Supreme Court decisions that have narrowed the law's scope.

Noe hired lawyer with ties to agency; Files show fees paid with coin-fund money
July 23, 2005
Featured Expert: Christopher M. Fairman

Professor Christopher M. Fairman was quoted in this Columbus Dispatch story about a lawyer who has represented the Ohio Bureau of Workers' Compensation and coin dealer Thomas W. Noe during investment scandals involving both entities over the past several months. "Although there might not technically have been a conflict, it would have been better to avoid the situation. It certainly doesn't pass the smell test we typically use when we look at issues in the abstract," Fairman said.

Sensenbrenner plays defense on letter; His second-guessing of criminal sentence called 'bizarre' by some
July 13, 2005
Featured Expert: Douglas A. Berman

In this Wisconsin Journal-Sentinel story about Wisconsin Congressman F. James Sensenbrenner Jr. and how he has come under fire for second-guessing a federal appeals court ruling in a Chicago drug case, Professor Douglas Berman is quoted.

Federal court to hear Ohio's bid to recoup $215M lost in hedge fund
July 13, 2005
Featured Expert: Christopher M. Fairman

In a Toledo Blade story regarding the shift to federal court of the Ohio lawsuit to recover funds lost in a Bermuda hedge fund, Professor Christopher M. Fairman said that the move will give defendant MDL Capital Management some strategic advantages.

SSN: Not a candidate for patient IDs
July 12, 2005
Featured Expert: Peter P. Swire

In a Government Heath IT story about the trend toward not using the Social Security number to identify members of the American Medical Association, Professor Peter P. Swire said that the use of the Social Security number as an identifier is inherently insecure.

Ebbers: Wrong place, wrong time
July 12, 2005
Featured Expert: Douglas A. Berman

In this CNN/Money story, Professor Douglas Berman is quoted about former WorldCom chief executive Bernard Ebbers and his bad choice when considering when to commit a crime. Convicted of multiple charges and due to be sentenced Wednesday, Ebbers, who lost in recent days a bid for a new trial, could receive a life term at a time when stiff sentences for corporate cons seem routine.

Under the Microscope Longer Than Most
July 10, 2005
Featured Expert: James J. Brudney

In this New York Times article about the length of time the U.S. Supreme Court has remained unchanged, Professor James J. Brudney said that "one of the beauties of the court is that it has to shape itself around a set of facts in each case."

O'Connor knows the Constitution represents the framers' highest ideals
July 7, 2005
Featured Expert: Deborah Jones Merritt

In an op ed piece in the Cleveland Plain Dealer, Professor Deborah Jones Merritt compared U.S. Supreme Court Justice Sandra Day O'Connor to the framers of the U.S. Constitution.

Bitter battle in Senate expected over nominee
July 6, 2005
Featured Expert: Deborah Jones Merritt

In a Lowell (Mass.) Sun story about the upcoming Supreme Court nomination process, Professor Deborah Jones Merritt noted that the principle of law is the reason judges change once they've been appointed to the court.

From early on, grit ingrained in O'Connor
July 3, 2005
Featured Expert: Deborah Jones Merritt

Professor Deborah Jones Merritt is quoted in the Chicago Tribune story on the legacy of outgoing Supreme Court Justice Sandra Day O'Connor.

O'Connor's legacy more than a mere swing vote
July 3, 2005
Featured Expert: Edward B. Foley

In a Toledo Blade story about the retirement of U.S. Supreme Court Associate Justice Sandra Day O'Connor, Professor Edward B. (Ned) Foley said that Justice O'Connor was a balancer.

O'Connor Was 'Guiding Light and Star' to a Generation of Women in Law
July 2, 2005
Featured Expert: Deborah Jones Merritt

In a Newhouse News Service story about the retirement of Sandra Day O'Connor from the U.S. Supreme Court, Professor Deborah Jones Merritt, who clerked for Justice O'Connor during the justice's first term, said that Justice O'Connor viewed the position with a sense of honor and also great trepidation.

Firsts define O'Connor
July 2, 2005
Featured Expert: Deborah Jones Merritt

Professor Deborah Jones Merritt is quoted in the Chicago Tribune story on the legacy of outgoing Supreme Court Justice Sandra Day O'Connor. Merritt says that "people are talking about her position as a centrist on the court, and in many ways, that is one of the greatest tributes to her."

Analysis: Last day reflected O'Connor's legacy
July 2, 2005
Featured Expert: Edward B. Foley

Professor Edward B. (Ned) Foley is quoted in a story about the legacy of Associate Justice Sandra Day O'Connor.

June, 2005

State to curb excessive pill use: 320 Medicaid patients to receive letters about prescriptions
June 27, 2005
Featured Expert: Peter P. Swire

In a Seattle Post-Intelligencer story about Washington State efforts to end alleged taxpayer support of painkiller addictions, Professor Peter Swire cautioned state officials and patient advocates to be careful to not reveal the names of patients.

Workers' Comp delay let $50 million profit get away
June 25, 2005
Featured Expert: Dale A. Oesterle

In a Cleveland Plain Dealer story about how the Ohio Bureau of Workers' Compensation could have prevented the loss of more than $50 million in potential profit, Professor Dale Oesterle said "it looks like a lot of people were asleep at the switch here."

Brothel suspect's bond at $1 billion
June 24, 2005
Featured Expert: Joshua Dressler

In a Columbus Dispatch story about the high bail set for a woman accused of running two brothels, Professor Joshua Dressler said a 10-digit bail is "exceptionally unusual."

Ex-principal alleges bias: Woman in middle of rape case at Mifflin says city prosecutor is singling her out
June 23, 2005
Featured Expert: Joshua Dressler

Professor Joshua Dressler discussed "Garrity" statements - a legal principle that employees cannot be prosecuted by using self-incriminating statements made during mandatory investigations by their employers - in this Columbus Dispatch story.

Insider-Trading Convictions: SEC's civil case against Blackwell, 2 others up next
June 22, 2005
Featured Expert: Dale A. Oesterle

In a Columbus Dispatch story about the insider trading conviction of former Ohio State University marketing professor Roger D. Blackwell and a pending civil case against Blackwell, Professor Dale Oesterle said the civil trial might resume before the sentencing, which is expected in two to three months.

Minimum Sentences Urged: Gonzales Responds to Rulings Against Mandatory Guidelines
June 22, 2005
Featured Expert: Douglas A. Berman

Professor Douglas A. Berman, also a sentencing expert, is quoted in this Washington Post article about Attorney General Alberto R. Gonzales' idea of a new system of mandatory minimum sentencing rules in response to recent Supreme Court decisions.

High Court Declines to Clarify Sentencing-Guideline Decision
June 21, 2005
Featured Expert: Douglas A. Berman

Douglas A. Berman was quoted in the Wall Street Journal about how the Supreme Court turned down a petition to clarify its January decision that invalidated U.S. mandatory sentencing guidelines, leaving federal Circuit Courts to make their own rules on the matter.

The hidden costs of regulation
June 20, 2005
Featured Expert: Dale A. Oesterle

In his regular column in the Boulder Daily Camera, Professor Dale Oesterle says that Section 404 of the Sarbanes-Oxley Act looks good from 30 feet away, but up close it has some unappealing dents and chips.

Bureau hangs on as adviser is indicted; Bureau retained indicted investor
June 15, 2005
Featured Expert: Dale A. Oesterle

In a Cleveland Plain Dealer story about how the Ohio Bureau of Workers' Compensation allowed Alan Brian Bond to continue investing $50 million of its money for at least 18 months after Bond was indicted on charges of taking more than $6.9 million in kickbacks that were billed to his clients, Professor Dale Oesterle said that any sign an investment firm is in trouble requires individual investors to act quickly.

Kids not allowed in Jackson's bed anymore, attorney says
June 15, 2005
Featured Expert: Joshua Dressler

In an Associated Press story in the Columbus Dispatch about a statement yesterday from Michael Jackson's attorney which said that the pop star is going to be more careful from now on and not let children into his bed, Professor Joshua Dressler said that it was a surprise that the jury found Jackson not guilty on all the charges.

Different style of Divorce Lets Couples Work Things Out
June 13, 2005
Featured Expert: Christopher M. Fairman

In a Columbus Dispatch story about divorcing couples using collaborative law to keep negotiations out of court, Professor Christopher Fairman said that there is almost a cult like fervor among people who have used collaborative law. Professor Sarah Cole said that as long as the rules and process are spelled out for clients, there should be no problems.

Different style of Divorce Lets Couples Work Things Out
June 13, 2005
Featured Expert: Sarah Rudolph Cole

Florida Jihad case could test U.S. wiretap laws
June 10, 2005
Featured Expert: Peter P. Swire

A Reuters story says that the Florida murder conspiracy trial of a Palestinian academic accused of funding Middle East violence could set off a legal test of U.S. surveillance laws. Professor Peter Swire said that a wiretap could be requested if the "primary purpose" is criminal prosecution as long as the "significant purpose" is foreign intelligence.

Judge failed to note snoozing juror, records show
June 9, 2005
Featured Expert: Joshua Dressler

In a St. Petersburg Times story about a judge who failed to alert attorneys during a murder trial that a juror may have been sleeping, Professor Joshua Dressler said that it was an unwise decision on the part of the judge not to acknowledge the situation.

U.S. Limits Prosecutions Under Privacy Law
June 7, 2005
Featured Expert: Peter P. Swire

In an Associated Press story about the U.S. Justice Department deciding that most health care employees can't be prosecuted for stealing personal data under a privacy law intended to protect medical information, Professor Peter Swire called the opinion bad law and public policy.

Supreme Court Rules in Ohio Prison Case
June 1, 2005
Featured Expert: David A. Goldberger

The New York Times [Read Article] story examines the Supreme Court ruling on May 31 on a case involving some Ohio inmates, who were represented by the clinical legal program at the Moritz College of Law. Stories below about the same case quote professor David A. Goldberger and clinical professor Elizabeth Cooke:

Inmates' religious rights upheld (The Columbus Dispatch)
Justices rule state prisons must accommodate witches (Chicago Sun Times)
Justices uphold law on religious freedom for prisoners (The Plain Dealer)
Justices uphold law on religion in prison (The Philadelphia Inquirer)
Supreme Court upholds prisoners' religious-rights law (The Seattle Times)
High Court Sides With Inmates on Religion (San Francisco Chronicle)
Prisons must give wide religious access (Cincinnati Enquirer)
US Supreme Court backs witch's rights (The Age - Australia)
High court sides with inmates on religion (Seattle Post-Intelligencer)
Supreme Court Sides With Witch, Satanist, Racial Separatist (WEWS Channel 5 - Cleveland)

Supreme Court Rules in Ohio Prison Case
June 1, 2005
Featured Expert: Elizabeth Ilgen Cooke

Inmates' religious rights upheld (The Columbus Dispatch)
Justices rule state prisons must accommodate witches (Chicago Sun Times)
Justices uphold law on religious freedom for prisoners (The Plain Dealer)
Justices uphold law on religion in prison (The Philadelphia Inquirer)
Supreme Court upholds prisoners' religious-rights law (The Seattle Times)
High Court Sides With Inmates on Religion (San Francisco Chronicle)
Prisons must give wide religious access (Cincinnati Enquirer)
US Supreme Court backs witch's rights (The Age - Australia)
High court sides with inmates on religion (Seattle Post-Intelligencer)
Supreme Court Sides With Witch, Satanist, Racial Separatist (WEWS Channel 5 - Cleveland)

May, 2005

Killer on probation held in Fla. robbery
May 25, 2005
Featured Expert: Katherine Hunt Federle

In an Associated Press story in the Washington Post, Professor Katherine Hunt Federle, director, Justice for Children Project was quoted about Lionel Tate, charged Tuesday with holding up a pizza delivery man at gunpoint at a friend's apartment. Tate made international headlines in 2001 and touched off a debate over Florida's practice of prosecuting juveniles as adults when he became the youngest person in modern U.S. history to be sentenced to life in prison.

Burbs: IBM Software targets privacy market
May 25, 2005
Featured Expert: Peter P. Swire

In a Journal News (Westchester, Rockland, and Putnam counties, New York) story about a new software that lets businesses share computer files more discretely, Professor Peter P. Swire said that the software is expected to have broad applications.

Calls for Chinese crackdown on piracy
May 17, 2005
Featured Expert: Daniel C.K. Chow

In a United Press International story about China's disregard toward intellectual property rights, Professor Daniel C.K. Chow said that counterfeiting in China is considered by many to be the most serious counterfeiting problem in world history.

Brave New World
May 16, 2005
Featured Expert: Peter P. Swire

A Cincinnati Post story about the surveillance craze quoted Professor Peter P. Swire. He said that low cost cameras are readily available, making it almost free to do surveillance.

Detecting Hidden Cameras
May 13, 2005
Featured Expert: Peter P. Swire

In a report aired of WBNS-TV (Channel 10, Columbus), Professor Peter P. Swire said that people should be able to protect their space by finding hidden cameras.

How to Avoid a 'Nuclear' Disaster: Fast-Track Judges
May 12, 2005
Featured Expert: Donald B. Tobin

Read Professor Donald Tobin's op-ed piece in Roll Call that addresses the current controversy surrounding the filibuster and judges.

Mistrial Declared in Ohio Shootings Case
May 10, 2005
Featured Expert: Joshua Dressler

In an Associated Press story printed in the Guardian (U.K.) about mistrial declared in the highway shooter case, Professor Joshua Dressler said that it was a minor victory for the defense.

Privacy and the Real ID Act
May 6, 2005
Featured Expert: Peter P. Swire

Professor Peter P. Swire discussed the Real ID Act, a proposal to standardize driver's licenses, on NPR's Morning Edition. For supporters, requiring applicants to prove residency is an important step in the war on terrorism. Professor Swire believes it creates a national ID system and causes privacy concerns.

Making the wrong move against spyware: Spyware's creators must be uniquely bad people
May 2, 2005
Featured Expert: Peter P. Swire

On C/Netnews.com, Professor Peter P. Swire was quoted about spyware and the creators of the malicious code that infects computers. An ostensibly anti-spyware bill due for a vote in the U.S. House of Representatives may not be the best way to punish these folks.

April, 2005

Dead Marine's Case Sparks Debate over E-Mail Privacy
Apr. 24, 2005
Featured Expert: Peter P. Swire

In a Weekend Edition (National Public Radio) story about a soldier's family trying to get his emails from Yahoo!, Professor Peter P. Swire said people have reasons for keeping e-mail messages private.

Technologies Create New Challenges for Patriot Act
Apr. 21, 2005
Featured Expert: Peter P. Swire

All Things Considered's Larry Abramson (National Public Radio) reported on a House Judiciary subcommittee hearing that focused on electronic surveillance provisions of the Patriot Act. Professor Peter P. Swire testified that an Internet-based phone call can be stored and taken later under the lower standards of the Patriot Act. While there is no evidence that this has been done, he called for revisions to the act before it does.

Patriot Act Hearing
Apr. 20, 2005
Featured Expert: Peter P. Swire

A writer for Wired talked about Professor Peter P. Swire's upcoming testimony on April 21 before the U.S. House of Representatives Judiciary Committee on the Patriot Act reauthorizations. The main focus of his testimony was to be on Section 209, which allows government access to many telephone conversations with less than a wiretap order.

Policies vary over security at courthouses
Apr. 17, 2005
Featured Expert: Peter P. Swire

In a Des Moines Register story about increased security at the two federal courthouses in Des Moines, Professor Peter P. Swire said that the right to attend trials and the right to speak anonymously limits the government's power to check IDs.

State unsure of reason for 6-hour computer security breach
Apr. 17, 2005
Featured Expert: Peter P. Swire

An Associated Press story detailed a computer security break that allowed state employees to see Ohio Department of Public Safety confidential computer files for six hours on March 7. Professor Peter P. Swire said it was irresponsible to not notify affected individuals and agencies.

Surveillance Cameras More Common Everyday
Apr. 17, 2005
Featured Expert: Peter P. Swire

In an Associated Press story about the number of surveillance cameras, Professor Peter P. Swire said that it is good law enforcement to have cameras for specific times, but that there are private moments that should not be recorded. Among the publications where this story appeared are the San Francisco Chronicle, The New York Times, the Los Angeles Times, ABC News, and USA Today.

File-sharing lawsuits to hit OSU students
Apr. 15, 2005
Featured Expert: Peter P. Swire

The Ohio State University Lantern story detailed the filing of "John Doe" lawsuits against OSU students for downloading and sharing movies illegally. The suits were filed by the Recording Industry of America. Professor Peter P. Swire said that "John Doe" lawsuits allow student defendants the opportunity to object to their names being given to the recording and motion picture industries.

Balancing Security And Privacy Is The Goal; New Homeland Security advisory committee on privacy looks at feds' use of personal data
Apr. 11, 2005
Featured Expert: Peter P. Swire

A story in Information Week discussed the Homeland Security advisory committee. Professor Peter P. Swire, who addressed the committee, said that a big challenge is how to protect individual privacy in a world of data sharing.

Experts: Insanity, death penalty in highway shootings tough sell
Apr. 10, 2005
Featured Expert: Joshua Dressler

In an Associated Press story (printed in the Akron Beacon Journal) about the upcoming trial of a man charged in highway sniper shootings, Professor Joshua Dressler said that the most realistic outcome is prison.

Privacy Committee Grapples With Need To Know vs. Need To Protect
Apr. 7, 2005
Featured Expert: Peter P. Swire

In an Information Week story about the newly formed Data Privacy and Integrity Advisory Committee in the Department of Homeland Security, Professor Peter P. Swire said that a challenge facing both the public and private sector is how to protect individual privacy in a world of data sharing.

March, 2005

Supreme Court Removes Hurdle to Age Bias Suits
Mar. 31, 2005
Featured Expert: James J. Brudney

In a New York Times story about the March 30 decision by the U.S. Supreme Court that allows workers to sue for discrimination, even though the discrimination wasn't intentional, Professor James J. Brudney said the decision left important questions to be addressed in future cases, such as whether cost-saving can be accepted as a reasonable justification for a policy that falls more harshly on older workers. This story also appeared in the San Jose Mercury News, the Deseret News, the Ledger, The Day, the Los Angeles Daily News, the Houston Chronicle and the Lexington Herald-Leader.

Justices lower bar in proving age bias; Lawsuits not dependent on employer intent, court rules
Mar. 31, 2005
Featured Expert: James J. Brudney

In a Seattle Post-Intelligencer story about the March 30 decision by the U.S. Supreme Court that allows workers over 40 to file age-bias claims, even if the employer didn't mean harm, Professor James J. Brudney said that the decision was surprising given the trend toward foreclosing what are known as "disparate impact" claims.

Moritz influence runs deep in Supreme Court case; students among the benefactors
Mar. 25, 2005
Featured Expert: Nancy Hardin Rogers

In a Daily Reporter story about the involvement of the Moritz College faculty and students in the U.S. Supreme Court case, Cutter v. Wilkinson, Dean Nancy H. Rogers said that Moritz students are encouraged to think not only what the law is now, but where it is going and how it is going to develop.

Dempsey and Louie: On a tightrope; Pair sought common ground between security, privacy
Mar. 23, 2005
Featured Expert: Peter P. Swire

In a story in Federal Computer Week about the Markle Foundation Task Force on National Security, who produced a report that was influential in intelligence reform legislation, Professor Peter Swire said that task force member Jim Dempsey was well respected.

Cost of Schiavo's care may exceed $1 million
Mar. 23, 2005
Featured Expert: Marc Spindelman

In a Chicago Tribune story printed in the Kansas City Star, Moritz Law Professor Marc Spindelman, who is visiting this semester at Georgetown Law School, said that the human elements remain the toughest part of the saga of Terri Schiavo.

Justices cool to Ohio claims in inmate case; State says religion-in-prison law is a violation of First Amendment
Mar. 22, 2005
Featured Expert: David A. Goldberger

In a Toledo Blade report about the March 21 arguments before the U.S. Supreme Court in Cutter v. Wilkinson, Professor David Goldberger said that it is important to assure that religious groups of all sorts are accommodated.

Analysis: Terri's Law may be constitutional, but is it enough?
Mar. 22, 2005
Featured Expert: Peter M. Shane

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.

High court to weigh prisoners' religious rights; 2000 law also prohibits communities from zoning out houses of worship
Mar. 21, 2005
Featured Expert: David A. Goldberger

In a Newark, N.J., Star-Ledger story about the U.S. Supreme Court schedule to hear arguments in Cutter v. Wilkinson, Professor David Goldberger said that the case has the potential to be a block buster.

High court hears case on protecting inmates' religious freedom
Mar. 21, 2005
Featured Expert: David A. Goldberger

In an Associated Press story about the Cutter v. Wilkinson argument before the U.S. Supreme Court (printed in the Akron Beacon Journal), Professor David Goldberger was said that prisons tend to accommodate mainstream religions but not the ones practiced by those involved in the case: a Wiccan witch, a Satanist, a racial separatist who is an ordained minister of the Christian Identity Church, and others.

Unusual jailhouse religion getting courthouse scrutiny - Justices hear arguments on safety of paraphernalia
Mar. 21, 2005
Featured Expert: David A. Goldberger

In a Cleveland Plain Dealer story about the U.S. Supreme Court hearing arguments in Cutter v. Wilkinson, Professor David Goldberger said that this is an attack on a statute that applies to Jews, Muslims and other mainstream religions.

Before high court: law that allows for religious rights; the justices will consider to what extent certain prisoners can practice religion.
Mar. 21, 2005
Featured Expert: David A. Goldberger

In a Christian Science Monitor story about the U.S. Supreme Court arguments in Cutter v. Wilkinson, Professor David Goldberger said that a 2000 federal law - the Religious Land Use and Institutionalized Persons Act, is aimed at helping religious individuals overcome government-imposed burdens so they may be left alone to practice their faith better.

Supreme Court Examines Religion and Prison
Mar. 21, 2005
Featured Expert: David A. Goldberger

In a report on National Public Radio's Morning Edition about the U.S. Supreme Court hearing a case that challenges a five year-old law that requires prisons to accommodate inmates' religious practices, Professor David Goldberger was interviewed.

Schiavo's lifeline removed; Congress tries to intervene in brain-damaged woman's case
Mar. 19, 2005
Featured Expert: Marc Spindelman

In a Chicago Tribune story about the attempts by leaders of Congress to intervene in the case of Terri Schiavo, Professor Marc Spindelman said that the message sent by the action is chilling.

Is privacy a casualty in war on terror?
Mar. 16, 2005
Featured Expert: Peter P. Swire

In a story in the St. Paul Pioneer Press about daily incursions into an individual's privacy and the advocates of the anti-terrorism partnership between for-profit businesses and the federal government, Professor Peter Swire called the new alliance "the security-industrial complex."

February, 2005

For many, privacy is a hot commodity
Feb. 27, 2005
Featured Expert: Peter P. Swire

In the Baltimore Sun article, Professor Peter Swire commented on privacy issues of today's generation.

ID Theft Scam Hits D.C. Area Residents
Feb. 22, 2005
Featured Expert: Peter P. Swire

In a BizReport story about the ChoicePoint theft, Professor Peter Swire noted that this is fraud affecting lots of people.

ChoicePoint Security Breach May Affect More Than 140,000
Feb. 21, 2005
Featured Expert: Peter P. Swire

In a story on National Public Radio's All Things Considered about the theft of records from a data base, Professor Peter Swire said that considering the information it stores, there needs to be stricter controls on ChoicePoints customers.

Legal counsel for poor is in 'state of crisis,' ABA report says; More oversight, funding urged
Feb. 11, 2005
Featured Expert: Douglas A. Berman

In the Chicago Tribune, Professor Douglas Berman was interviewed regarding an American Bar Association report that indicates suspects who are unable to afford lawyers are wrongly convicted each year because they are pressured to accept guilty pleas or have incompetent attorneys.

January, 2005

Labor challenged on neutrality pacts
Jan. 26, 2005
Featured Expert: James J. Brudney

In the Cleveland Plain Dealer, Professor James J. Brudney discussed neutrality agreements.

Justices order review of 400-plus sentences; Court also backs searches by sniffer dogs
Jan. 25, 2005
Featured Expert: Douglas A. Berman

In the Washington Post, Douglas Berman was interviewed about a Supreme Court landmark decision yesterday that will give federal judges greater freedom in sentencing.

Supreme Court widens drug searches; Justices say dog may be used even if traffic stop isn't for drugs
Jan. 25, 2005
Featured Expert: Sharon L. Davies

In a Pittsburgh Post Gazette story about the U.S. Supreme Court ruling that police can turn a drug-sniffing dog loose on a car whose drive was stopped for speeding without violating the constitutional ban on unreasonable search and seizure, Associate Dean Sharon Davies said that it did not answer the question of whether it was constitutional to have canine units sniff parked cars.

Impact Of Ross Execution Concerns Some; Others on death row, public at large would be affected by killer's death, legal experts say
Jan. 20, 2005
Featured Expert: Douglas A. Berman

In a New London, Conn., The Day, story about the possibility of convicted serial killer Michael Ross becoming the first person executed in Connecticut in more than 40 years, Professor Douglas Berman said that it is not uncommon that a volunteer is the first execution after the institution (or reinstitution) of the death penalty.

Sentencing Guidelines
Jan. 18, 2005
Featured Expert: Douglas A. Berman

Professor Douglas Berman joined Chicago Public Radio's Gretchen Helfrich for a discussion on federal sentencing guidelines.

Subsidies for local businesses
Jan. 17, 2005
Featured Expert: Dale A. Oesterle

In Professor Dale Oesterle's regular column in the Boulder (Colo.) Daily Camera, he discusses basic versions of government subsidies.

Experts Clash over McCoy's Mental State
Jan. 15, 2005
Featured Expert: Joshua Dressler

In a Columbus Dispatch story about conflicting psychological test results about the alleged Central Ohio highway sniper, Professor Joshua Dressler said that it would be rare for the court to order a third round of tests.

Voting method of choice: pencils
Jan. 14, 2005
Featured Expert: Daniel P. Tokaji

In a story in the Canton (Ohio) Repository about Ohio Secretary of State J. Kenneth Blackwell's decision to use optical-scan voting machines in the state, Professor Daniel Tokaji said that optical scan still is better than punch cards.

Ruling Gives Judges Leeway on Sentencing Rules
Jan. 13, 2005
Featured Expert: Douglas A. Berman

A Kansas City Star story discusses how Wednesday's U.S. Supreme Court decision in Booker and Fanfan affects local cases. Professor Douglas Berman and his on-line blog, Sentencing Law and Policy, are quoted.

High Court Loosens Criminal Sentencing Guidelines
Jan. 13, 2005
Featured Expert: Douglas A. Berman

In a Seattle Times story about Wednesday's U.S. Supreme Court decision in Booker and Fanfan, Professor Douglas Berman said that the court's decision does not affect previously decided cases, although it could give defendants an argument to the contrary.

Court Orders Changes in Sentencing
Jan. 13, 2005
Featured Expert: Douglas A. Berman

In the Christian Science Monitor, Professor Douglas Berman said that the splintered nature of Wednesday's U.S. Supreme Court decision in Booker and Fanfan may only sow more confusion.

How Judges Will Use Discretion is the Big Question
Jan. 13, 2005
Featured Expert: Douglas A. Berman

In the Los Angeles Times, Professor Douglas Berman said that inconsistencies in sentencing probably will increase as a result of Wednesday's U.S. Supreme Court decision in Booker and Fanfan.

Sentencing Guidelines Tossed Out: Supreme Court Keeps Federal Strictures as Only Advisory
Jan. 13, 2005
Featured Expert: Douglas A. Berman

In the Pittsburgh Post-Gazette, Professor Douglas Berman said that the decision is going to be applied in diverse and dramatically different ways in the lower courts.

Ruling Gives Judges More Discretion in Sentencing
Jan. 13, 2005
Featured Expert: Douglas A. Berman

On National Public Radio's Morning Edition, Professor Douglas Berman talks about how Wednesday's Supreme Court decision could make some big changes in federal sentencing rules.

Judges get leeway on sentencing; Supreme Court rejects rules imposing mandatory penalties
Jan. 13, 2005
Featured Expert: Douglas A. Berman

In an Indianapolis Star story about the U.S. Supreme Court's decision to abandon nearly two decades of federal sentencing practice, Professor Douglas Berman expressed concern that the decision will create the kind of judge-by-judge, circuit-by-circuit variation that the guidelines were intended to reduce.

Ruling's Impact Not Clear Yet: Fate of Defendant in Case that was Decided Uncertain
Jan. 12, 2005
Featured Expert: Douglas A. Berman

In a Milwaukee Journal-Sentinal article about the U.S. Supreme Court decision in Booker and Fanfan, Professor Douglas Berman said he suspected many defendants would seek re-sentencing, though it wasn't clear whether judges would comply.

Sentencing Guidelines
Jan. 12, 2005
Featured Expert: Douglas A. Berman

On NewsHour with Jim Lehrer, Professor Douglas Berman discusses the U.S. Supreme Court decision in United States v. Freddie J. Booker and United States v. Duncan Fanfan.

Court: Sentencing System Wrongly Applied
Jan. 12, 2005
Featured Expert: Douglas A. Berman

In an Associated Press article on the U.S. Supreme Court's decision on federal sentencing guidelines, Professor Douglas Berman is quoted as saying "This creates more questions than it answers. There's going to be lots and lots of litigation."

Court Rejects Mandatory Sentencing Rules
Jan. 12, 2005
Featured Expert: Douglas A. Berman

NBC Nightly News with Brian Williams discussed the decisions of the United States Supreme Court in Booker and Fanfan. Professor Douglas Berman was interviewed during the story and said, "The decision marks a dramatic change in the way sentencing in the federal courts go forward, because now judges have almost unconstrained authority to sentence anywhere within the broader statutory ranges that Congress has provided for offenses." [View News Clip - select "launch"]

5 Bank Jobs Part of Probe: Man Suspected in Officer's Killing Could be Tied to Other Robberies
Jan. 11, 2005
Featured Expert: Joshua Dressler

In a Columbus Dispatch story about the suspect in the killing of a police officer, Professor Joshua Dressler said that cellphone companies can give police access to the phone numbers a person is calling and receiving calls from.