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.
2013 Media Hits
May, 2013
EXCLUSIVE: Voter fraud, or just errors?
May 15, 2013
Featured Expert: Daniel P. Tokaji
Professor Dan Tokaji was quoted in a Cincinnati Enquirer article about whether citizens who cast two ballots in elections have committed voter fraud. Some citizens under investigation say they were confused about the process or worried their original votes, often sent via absentee ballot, wouldn't count. Tokaji said there is often a valid reason someone would cast an absentee ballot and then a provisional one at a voting location.
“It’s certainly not a crime or intentional double voting,” he said. “Officials are not supposed to count provisional ballots if an absentee ballot has been cast.”
Submitting both “doesn’t come close to voting fraud,” he said. “The burden is on the board of elections to make sure two votes don’t count.”
How IRS Review of U.S. Nonprofits Erupted Into Scandal
May 14, 2013
Featured Expert: Donald B. Tobin
Professor Donald Tobin was quoted in a Bloomberg Businessweek article about a scandal caused by the Internal Revenue Service’s review of political nonprofit groups. IRS employees had used keywords such as "patriot" and "Tea Party" to flag groups for extra scrutiny. In March 2010 a surge in Tea Party activism had led groups to form across the country, and some applied to the IRS to become 501(c)(4) organizations or social welfare groups.
Tobin said the benefits of 501(c)(4) status mean that the IRS can’t simply look at the organization’s stated purpose.
“You’re trying to get behind what people are saying and make sure what people are saying is really the truth,” he said. “That can seem very invasive but at some point it needs some kind of information about the group to determine whether it’s valid or it’s not.”
Furor could result in less IRS scrutiny of political advocacy groups
May 14, 2013
Featured Expert: Donald B. Tobin
Professor Donald Tobin was quoted in an NBC News article about the Internal Revenue Service's scrutiny on certain types of independent advocacy groups. Such groups were flagged by the IRS for further investigation for if they had names such as "Tea Party."
Tobin, an expert on how tax laws apply to political activity, explained that “the IRS is always in a very precarious position” in trying to enforce rules on 501(c)(4) organizations since “whenever a group is being investigated, it may complain that it is being done for political reasons.”
He went on, explaining that “the IRS needs some way of culling through the mass of information that they get” in order to figure out which groups need further scrutiny. “The IRS does need some sorting device.” But, he said, “I wish the IRS had looked for a neutral term like ‘party’ rather than ‘Tea Party.’”
Dispute at JPMorgan Grows, for All the Wrong Reasons
May 14, 2013
Featured Expert: Steven M. Davidoff
Professor Steven Davidoff wrote an op-ed for the New York Times DealBook over whether to split the jobs of chief executive and chairman at JPMorgan Chase. He called the dispute "silly" and "unimportant." One side of the argument alleges that the company would become more valuable if the positions were split, which Davidoff called a valid point based on the idea that "a separate chairman gives voice to the board by having someone who can stand up to the chief executive." But he said ulitmately it is unclear what the effect would be in this case because all companies are different.
He said if a change is made it shouldn't be about sending a message to the current chief executive and chairman Jamie Dimon or about banks being too big. If this is the case, Davidoff writes, the issue should be brought up by shareholders more directly. In the end, though, he says the fight is silly and unlikely to make an impact.
Why Might the Cleveland Kidnapper Get Charged With Murder?
May 13, 2013
Featured Expert: Douglas A. Berman
Professor Douglas Berman was quoted in a National Journal article about the case prosecutors have against Cleveland kidnapper Ariel Castro should they pursue murder charges against him. Prosecutors intend to charge Castro with murder for killing unborn fetuses in at least one of his three kidnapping victims. Berman said the way Ohio law is worded, there will not be a new precedent set for abortion, as aggravated murder law to be used against Castro is very specific to the crime he'd be accused of committing.
“As long as we don’t let the advocates take over the debate, we should be able to sort this out without any profound consequences to any other area of the law,” he said.
Murder case against Cleveland kidnapping suspect tough to prove
May 11, 2013
Featured Expert: Ric Simmons
Professor Ric Simmons was quoted in a Reuters article about the possibiliy of the Cleveland man who kidnapped 3 women and held them hostage for nearly a decade being charged with homicide for the death of the victims' unborn fetuses. The story appeared in the Chicago Tribune and other publications.
He said he thinks prosecutors could have a case.
"Frankly, I think it could fly. It seems like they have the witnesses they need to establish this. The legal requirements for murder are set out here so I am not surprised they are doing this," Simmons said.
Update on Cleveland kidnapping case
May 10, 2013
Featured Expert: Katherine Hunt Federle
Professor Katherine Federle was interviewed by San Francisco talk radio show host Gil Gross about the Cleveland kidnapping case. She discussed the validity of possible homocide charges being brought upon Ariel Castro. Castro has been charged with kidnapping and holding captive three women for about a decade. Prosecutors have announced that they plan to bring murder charges upon him for the death of the unborn fetuses of at least one of the abducted women.
The Challenge of Proving Fetal Homicide in the Cleveland Kidnapping Case
May 10, 2013
Featured Expert: Katherine Hunt Federle
Professor Katherine Hunt Federle was quoted in a TIME Magazine article about the possibiliy of the Cleveland kidnapper being charged with homicide for the death of unborn fetuses carried by the victims.
Proving such a case, according Federle, a criminal law professor at Ohio State University, typically requires expert medical testimony based on physical examinations of the woman who miscarried and the fetus itself. Prosecutors would have to first prove that the pregnancies occurred and then that Castro’s action caused them to end in miscarriage.
“There is generally a rule that you have to have some evidence that a homicide was committed, so the mere testimony of the women may not be sufficient,” says Federle. “If you think about people who have been kidnapped or placed under stress, depending on what’s happened to them, their psychological states may be poor. Repeated interviews might enable a defense lawyer down the road to suggest that these women may not have actually recalled this information, that it was suggested to them. Everybody wants to be careful about this because their key witnesses are these three women.”
CoAS hosts ‘New Jim Crow’ author
May 10, 2013
Featured Expert: Michelle Alexander
Professor Michelle Alexander was quoted in an article in The Triangle, the student newspaper at Drexel University, about her book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness. Her book focuses on the targeting of black men during and following the war on drugs.
“I’m now interested in supporting people who are engaging in activism and organizing in their community. I’m praying that people will continue to do community organizing and advocacy in ending the drug war and abolishing all these forms of racial discrimination on these people who just got out of prison. … It’s possible. It just requires people in all of these communities saying, ‘We no longer want to send people to jail for minor drug offenses. We want to have rehabilitation. We want a public-health approach, not a cruel justice approach,’” Alexander said.
Could Ariel Castro be tried for murder? Case would be unprecedented
May 10, 2013
Featured Expert: Douglas A. Berman
Professor Douglas Berman was quoted in a Christian Science Monitor article about the possibiliy of Cleveland man Ariel Castro, who kidnapped 3 women and held them hostage for nearly a decade, being charged with homicide for causing the death of a victim's unborn fetuses.
He said the prosecutors might be trying to coax a guilty plea from Castro.
“This kind of huffing and puffing does a nice job in convincing the public the prosecutors are taking this very seriously, and it makes it very easy for them to say to Castro it’s time to plead guilty for something that will put you in prison for the rest of your life,” he said.
College still worth it
May 10, 2013
Featured Expert: Michelle Alexander
Professor Michelle Alexander was quoted in a Toledo Blade editorial about whether attending college is still worth it. The editorial brings up the point that college is a worthy alternative to ending up imprisoned or unemployed.
Alexander compared the amount of black men who currently are or have been imprisoned to the number of the same demographic enslaved before the Civil War.
“More African-American men are in prison, or jail, on probation, or parole than were enslaved in 1850, before the Civil War began,” she said.
Ohio prosecutors face hurdles in Ariel Castro death penalty pursuit
May 10, 2013
Featured Expert: Katherine Hunt Federle
Professor Katherine Federle was quoted in The Guardian about the ability for prosecutors to prove whether Cleveland kidnapper Ariel Castro caused multiple miscarriages in his victims who he held hostage for nearly a decade.
She said the case will depend on the evidence available.
"We don't know what evidence the FBI and police have managed to assemble, so it's difficult to assess the case they will bring. But it could be quite a challenge for them to prove that the defendant was the cause of the terminations," Federle said.
A Saner Approach to Sentencing
May 8, 2013
Featured Expert: Douglas A. Berman
Professor Douglas Berman co-authored an op-ed in The Wall Street Journal about the Justice Safety Act of 2013, which aims to address mandatory-minimum sentencing laws and prison overcrowding.
"Though good political rhetoric, mandatory-minimum sentencing laws have proven to be bad policy. They transfer enormous power to prosecutors - who choose the charges to bring - and federal judges regularly complain of being required to impose excessively long prison terms to nonviolent offenders. These laws also fueled a federal-prison population explosion - with its consequent financial costs, ruined lives and broken families."
3 voting bills to get day in court
May 8, 2013
Featured Expert: Daniel P. Tokaji
Professor Dan Tokaji was quoted in a Trib Total Media article about a bill that would allow citizens to vote up to 15 days before Election Day. Proponents of the bill support it for being more conducive to modern life, allowing voters more of a chance to cast their ballots. Tokaji touched on the idea that same-day registration could be a key element to increasing voter turnout as well, while he said not all politicians would support that idea.
“Some politicians don't want more people voting,” he said. “Generally speaking, more Republicans oppose (same-day registration) because they worry that it will have a more beneficial impact on Democrats, but actually the evidence doesn't show that to be the case either.
“It'll help whichever party is able to better mobilize their voters,” Tokaji said.
Hasty Deal to Save Chrysler in Depths of Crisis Returns to Haunt
May 7, 2013
Featured Expert: Steven M. Davidoff
Professor Steven Davidoff wrote an op-ed for the New York Times DealBook regarding the deal made to save Chrysler in 2009. He discusses the various beneficiaries from the deal, including Fiat, the Treasury Department, the Canadian government, and the majority share that went to the union workers’ health care trust. His focus is on the calculation errors that resulted in a $6 billion difference in value as seen from Fiat and the now-profitable Chrysler's sides. Now a deal looms to sort out the payout to the health care trust, which depends on the value of the company.
Gay Catholic-school teacher's firing raises questions
May 5, 2013
Featured Expert: Marc Spindelman
Professor Marc Spindelman was quoted in a story in The Columbus Dispatch about the constitutional questions surrounding the firing of Carla Hale, a Catholic school teacher who was fired after her mother's obituary listed Hale as having a partner. Hale has filed complaints with her local teachers union and the city's Community Relations Commission, saying her March firing was discriminatory. But it's unclear whether the city attorney would prosecute on those grounds, and Ohio and federal anti-discrimination laws do not cover sexual orientation.
“(The legal question) sits on important and deeper sets of not just city-ordinance rules but deeper constitutional rules,” Spindelman said. “Those clashes of deep principle, which often get worked out as constitutional decisions, are what’s underlying here.”
California prisons: Gov. Jerry Brown offers plan for overcrowding crisis 'under protest'
May 3, 2013
Featured Expert: Douglas A. Berman
Professor Douglas Berman was quoted in a San Jose Mercury News article about California Governor Jerry Brown's attempt to find a solution for overcrowding in California prisons. Following an order by federal judges, Brown submitted a plan to reduce the prison population by about 10,000 inmates in the next year.
Judges in 2009 ordered the state to reduce its inmate population to about 110,000 inmates at its 33 prisons, well below highs that have reached 160,000 in the past. The Supreme Court upheld those orders in 2010, although in a sharply divided 5-4 decision. Legal experts say that close vote may indicate some justices would be receptive to Brown's appeal, but predict the court may be reluctant to jump into the prison controversy again.
"Because it's fact-specific and always evolving, I'd be surprised if they take it again," Berman said.
Should Prosecutors Insist on Death for Dzhokhar Tsarnaev?
May 2, 2013
Featured Expert: Douglas A. Berman
Professor Douglas Berman was quoted in the National Journal in an article discussing whether prosecutors ought to insist Boston Marathon bombing suspect Dzhokhar Tsarnaev receive the death penalty. Defense attorney Judy Clarke, who is known for helping clients avoid execution, recently joined Tsarnaev's team.
Berman said he isn’t so sure the government won’t want to strike a bargain if Clarke begins to punch holes in its case and threatens to turn a trial (and the inevitable appeals) into a lengthy spectacle. “The prosecution’s case is as good right now as it is ever going to be,” he said, “and the defense is just getting revved up.”
Berman said the case raises the question, “Whose interest can and should a prosecutor be thinking about serving: the interests of the United States of America, whatever that means? The interests of the citizens of Boston? What does it mean to serve justice?”
Fired gay teacher disputes bishops claims she violated contract
May 1, 2013
Featured Expert: Marc Spindelman
Professor Marc Spindelman was quoted by WOSU in a story about Carla Hale, a Catholic school teacher who was fired after her mother's obituary listed Hale's partner. Hale is filing complaints with a teachers union and the city of Columbus, alleging discrimination on the basis of sexual orientation. Spindelman said it will be important to her case to show the diocese was selective in enforcing employment rules stated in her contract with the school.
“(To) point out that there was something that was inconsistent about the applicability of the rules that marks this decision in Ms. Hale’s case as distinctive or special in ways that the law ought to recognize,” Spindelman said.
Carla Hale speaks on her controversial firing at Watterson School
May 1, 2013
Featured Expert: Marc Spindelman
Professor Marc Spindelman was a featured guest on All Sides with Ann Fisher on WOSU recently to discuss the firing of Carla Hale. A Catholic high school let her go after an obituary for Hale's mother mentioned Hale's own partner in the list of surviving family members. Hale, who also appeared on the show with Spindelman, is filing complaints with a teachers union and the city of Columbus, alleging discrimination on the basis of sexual orientation.
April, 2013
"Technology, Turbulence and Trends" will be Focus of National Conference Of The Society of Corporate Secretaries & Governance Professionals
Apr. 30, 2013
Featured Expert: Steven M. Davidoff
Professor Steven Davidoff is set to speak at The 67th National Conference of the Society of Corporate Secretaries & Governance Professionals July 13 at the Saturday brunch. The PR Newswire released a story about the conference, which is set to run July 10-13 in Seattle.
The conferences' theme for 2013 is Governance | wired, focusing on the key ways social media and technology trends affect business professionals. The conference will include panels featuring legal, regulatory, and governance issues as well as breakout sessions aimed at private, public, and nonprofit entities.
In Venture Capital Deals, Not Every Founder Will Be a Zuckerberg
Apr. 30, 2013
Featured Expert: Steven M. Davidoff
Professor Steven M. Davidoff wrote an op-ed for the New York Times DealBook about the importance of founders negotiating their rights when they decide to allow venture capitalists to invest in their businesses. He discusses that many companies, such as Bloodhound, who have venture capitalists as investors can often lose out (by millions in this particular case) even if the company is sold. This is because venture capitalists often demand preferred shares, getting their payouts before founders and employees.
Davidoff stresses the importance of negotiating greater control rights to ensure founders also make money off the sale of their businesses. He says that studies have found that founders who do this end up receiving on average $3.7 million more.
Turkey and Israel Determined To Leave 'Mavi Marmara' Behind
Apr. 29, 2013
Featured Expert: John B. Quigley
Professor John Quigley's letter to the editor of the New York Times was quoted in an article in Al Monitor regarding Turkey's attempt to leave the "Mavi Marmara" incident behind it. “The fact of Comoros registration opens up an additional avenue of recourse, whether or not compensation is arranged,” Quigley wrote. “The International Criminal Court has jurisdiction over acts committed on board a vessel flagged in a state that is party to the court’s statute. Turkey is not a party, but Comoros is. So the killings potentially fall within the court’s jurisdiction as war crimes, which would not be true had the Mavi Marmara been Turkish-flagged."
End mass incarceration; the time is now
Apr. 29, 2013
Featured Expert: Michelle Alexander
Professor Michelle Alexander's book, The New Jim Crow: Mass Incarceration in an Era of Colorblindness, was cited in a column on OpEdNews.com.
In M&A Litigation, Attorneys' Fees Under Attack?
Apr. 26, 2013
Featured Expert: Steven M. Davidoff
Professor Steven Davidoff's research was cited in an article in Corporate Counsel regarding attorney fees.
Recourse and the Flotilla Raid
Apr. 25, 2013
Featured Expert: John B. Quigley
Professor John Quigley wrote a letter to the editor of the New York Times regarding an article about the "Mavi Marmara" incident. "The article refers to possible compensation for the killings. But it mistakenly calls the Mavi Marmara Turkish-flagged. The Mavi Marmara had once been Turkish-flagged, but by the time of the incident it had been reflagged in Comoros," he wrote.
How to Prevent the ‘Do Not Track’ Arms Race
Apr. 24, 2013
Featured Expert: Peter P. Swire
Professor Peter Swire wrote a column for Wired magazine regarding the national controversy around the "do not track" debates. "Without effective targeting and tracking, ad revenue could plummet and lead to the shuttering of many popular websites that rely on third party ads as their primary source of revenue. Those who buy and sell behavioral advertising and retargeting point out that advertising revenue supports the diverse array of free content available on the internet," he wrote.
Balancing the State and Federal Roles in Boston Bomber Case
Apr. 24, 2013
Featured Expert: Douglas A. Berman
Professor Douglas Berman was quoted in an article in Stateline regarding the punishment faced by Dzhokhar Tsarnaev, the Boston bombing suspect. Tsarnaev faces federal charges that include the death penalty despite the law being repealed in the state of Massachusetts in the 1980s. "So far, no Massachusetts authorities have publicly objected to a potential death sentence, but the case does raise federalism questions," said Berman.
District says teacher was not fired for sexual orientation
Apr. 24, 2013
Featured Expert: Marc Spindelman
Professor Marc Spindelman was interviewed by NBC 4 for a story about a Bishop Watterson physical education teacher who was fired from the Catholic high school after an obituary listed her spouse to be another woman. The former teacher has filed a discrimination complaint with the city of Columbus, and Spindelman said the case has several markers that could make it possible to reach the Ohio Supreme Court.
"Often times, anti-discrimination laws contain provisions that say these rules are general rules of applicability that prohibit discrimination on various basis, but if there's a particular type of religious reason or justification for the discrimination, then the anti-discrimination rule might not apply," Spindelman said.
District Says Teacher Was Not Fired For Sexual Orientation
Apr. 24, 2013
Featured Expert: Marc Spindelman
Professor Marc Spindelman appeared on NBC4 news to talk about the possible court case surrounding Carla Hale, a former Bishop Watterson High School physical education teacher who was fired for what was referred to as "her written spousal relationship." "Often times, anti-discrimination laws contain provisions that say these rules are general rules of applicability that prohibit discrimination on various basis, but if there's a particular type of religious reason or justification for the discrimination, then the anti-discrimination may not apply," said Spindelman.
Sen. Jay Rockefeller Blasts Ad Industry In Senate Hearing Over Do Not Track
Apr. 24, 2013
Featured Expert: Peter P. Swire
Professor Peter Swire's column in Wired magazine was cited in an article on AdAge.com about negotiations regarding the Do Not Track efforts. "In a Wired opinion piece published today, Mr. Swire, professor of law at the Moritz College of Law of the Ohio State University, wrote, "A negotiated Do Not Track standard offers the best way to avoid the arms race: It would allow individual users to indicate whether they wish to have personalized ads based on their surfing habits," the article read.
Flawed Bidding Process Leaves Dell at a Loss
Apr. 23, 2013
Featured Expert: Steven M. Davidoff
Professor Steven Davidoff wrote an op-ed for the New York Times DealBook about the lack of a bidding war over Dell. "The fizzled bidding for Dell is a result of the board’s extreme reliance on a process known as a go-shop and how it ran the initial sale. If this episode does not change the way companies sell themselves, perhaps it should," he wrote.
Michelle Alexander: 'The New Jim Crow: Mass Incarceration in the Age of Colorblindness'
Apr. 23, 2013
Featured Expert: Michelle Alexander
Professor Michelle Alexander appeared on Minnesota Public Radio to speak about her book, The New Jim Crow: Mass Incarceration in an Era of Colorblindness.
What’s at Stake in the Fight Over a REIT
Apr. 18, 2013
Featured Expert: Steven M. Davidoff
Professor Steven Davidoff wrote an op-ed for the New York Times DealBook regarding the risks involved in the fight over real estate investment trust, CommonWealth REIT. "It’s not pretty, and it’s all a result of CommonWealth’s claim that all its disputes with shareholders must be arbitrated. In some ways, the contest for CommonWealth is a fairly normal hostile bid with heated rhetoric, lots of litigation and managers who have grown rich from operating the company and who do not appear to want to go quietly," he wrote.
Local Runner Gives FBI Videos She Took During Boston Marathon
Apr. 17, 2013
Featured Expert: Ric Simmons
Professor Ric Simmons was quoted on ABC 6 News about evidence regarding the Boston marathon bombings. "They're going to find fragments of items that were used in the bombing and that might trace to a certain store but what they need is human intelligence somebody who heard somebody talking who heard someone doing something suspicious beforehand," said Simmons.
Disbarred again, Chesley fighting for legal life
Apr. 17, 2013
Featured Expert: Arthur F. Greenbaum
Professor Art Greenbaum was quoted in an article in the Cincinnati Enquirer regarding the prosecution of Cincinnati attorney, Stan Chesley who is accused of unethical law practices and improperly keeping $7.5 million dollars in clients' fees. If, as Chesley’s letters indicate, he wants to challenge the reciprocity agreements between Kentucky and other states including Michigan, Indiana and Ohio, it won’t be easy, he said.
Can Disciplining Bank Boards Help Drive Reforms?
Apr. 17, 2013
Featured Expert: Steven M. Davidoff
Professor Steven Davidoff's April 5 New York Times DealBook op-ed was cited in an article on Knowledge@Wharton Today regarding the role of bank directors.
Tax of today has long history on file
Apr. 15, 2013
Featured Expert: Donald B. Tobin
Associate Dean Donald Tobin was cited in an article in the Columbus Disptach about the history of income-tax.
The Big Thaw: Scholars, experts, address policy, governance and climate change in the Arctic
Apr. 15, 2013
Featured Expert: Cinnamon Carlarne
Professor Cinnamon Carlarne will be speaking at an environmental and climate change law conference at the University of Buffalo on April 18 and 19, according to the University of Buffalo News Center.
Matthew T. Mangino: The trial penalty
Apr. 12, 2013
Featured Expert: Douglas A. Berman
Professor Douglas A. Berman was quoted in a column on PostStarNews.com regarding the difficulties convicted criminals face by going to trial. Berman wrote recently that "if the Department of Justice was truly concerned about unwarranted sentencing disparity in financial fraud cases … (rather than with) … defendants who have the temerity to exercise their trial rights … then federal prosecutors ought to consider supporting Ms. Morgan's sentencing appeal.”
Town hall on same-sex marriage
Apr. 11, 2013
Featured Expert: Marc Spindelman
Professor Marc Spindelman was interviewed by ABC 6/FOX 28 about Ohio's shifting views of same-sex marriage. "The views and the values of the people of the state of Ohio play an important role in shaping those values and representing which way the winds of change may or may not be blowing."
OSU law professor calls rape defendant's win 'remarkable'
Apr. 11, 2013
Featured Expert: Deborah Jones Merritt
Professor Deborah Merritt was quoted in an article in the Zainesville Times Recorder about the Harry Brown rape case, in which the defendant chose to represent himself. “I don’t think this is a trend, but it does show it’s becoming more common to see people doing this themselves,” Merritt said.
What We Think: End War on Drugs
Apr. 11, 2013
Featured Expert: Michelle Alexander
Professor Michelle Alexander's book, "The New Jim Crow: Mass Incarceration in the Age of Colorblindness," was cited in an op-ed by the Southern Florida Times regarding the role race plays in the "war on drugs."
Enlocked Appoints Peter Swire, Privacy and Cybersecurity Expert, as Advisory Board Member
Apr. 10, 2013
Featured Expert: Peter P. Swire
Professor Peter Swire has been named the C. William O’Neill Professor of Law at the Ohio State University, a Senior Fellow at the Future of Privacy Forum and the Center for American Progress, and Policy Fellow at the Center for Democracy and Technology, to Enlocked's advisory board, effective immediately, according to the San Fransisco Chronicle.
Poor response to Northwestern voter drive mirrors youth response nationwide
Apr. 10, 2013
Featured Expert: Peter M. Shane
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.
Steubenville Investigation Continues
Apr. 9, 2013
Featured Expert: Sarah Rudolph Cole
Professor Sarah Rudolph Cole spoke with CTV News about the role parents may have played in the Steubenville rape case and how Ohio laws would affect them.
Views changing on gay marriage issue
Apr. 9, 2013
Featured Expert: Marc Spindelman
Professor Marc Spindelman spoke with ABC 6/FOX 28 about the gay marriage cases being heard by the U.S. Supreme Court. "Some of this is about the future that is given to the next generation, and some of this is about the role of the next generation in claiming the future for themselves."
In the Markets, at Least, Fannie and Freddie Still Astound
Apr. 9, 2013
Featured Expert: Steven M. Davidoff
Professor Steven Davidoff wrote an op-ed for the New York Times regarding the stock trading among Fannie Mae and Freddie Mac. "The government changed them from commercial entities with a goal of making money for stockholders into quasi-public service companies intended to help the housing mortgage market function," he wrote.
The Steubenville Rape Case Is Back — Are Parents at Party Houses to Blame?
Apr. 8, 2013
Featured Expert: Sarah Rudolph Cole
Professor Sarah Rudolph Cole was quoted in an article in The Atlantic Wire regarding the role of parents in the Steubenville rape case. Sarah Rudolph Cole told The Atlantic Wire Monday that the "bottom line is that you can be sued for these things, but liability will likely turn on whether it was foreseeable that a drunken minor would, more likely than not, cause physical harm to another person."
Climate experts at UB for Arctic conference
Apr. 8, 2013
Featured Expert: Cinnamon Carlarne
Professor Cinnamon Carlarne will discuss "Global Climate Change Negotiations Then and Now: Adaptation and Diversification in a Warming World" at the University of Buffalo for Arctic conference, according to Buffalo Law Journal.
Ohio State student gives $250,000 to create legal services program for veterans
Apr. 7, 2013
Featured Expert: Alan C. Michaels
The Captain Jonathan D Grassbaugh Veterans Project was announced at The Ohio State University Moritz College of Law on April 5. Jenna Grassbaugh, his widow, is giving the school $250,000 for the project that will offer military veterans free legal services. "Yes, people say that it’s like cutting away my safety net, but I don’t look at it that way. He would have wanted me to do this,” she said.
Health Plan Foundations: How Well Are They Spending the Money?
Apr. 5, 2013
Featured Expert: Garry W. Jenkins
Professor Garry Jenkins's research article, "Incorporation: Choice, Uniformity and Reform of Non Profit State Law," was cited in an article in the Managed Care Magazine regarding health plan foundations. Jenkins' said, "In virtually every jurisdiction, the attorney general represents the state and public interest in protecting charitable assets by overseeing not-for-profit corporations, either by statutory provision or common law," according to the magazine article.
Hedge Funds up the Ante for a Stronger Board
Apr. 5, 2013
Featured Expert: Steven M. Davidoff
Professor Steven Davidoff spoke to the Bloomberg Television "Market Makers" on "the practice of hedge funds paying the board members they back" and how companies can justify the amount of money given to elected board directors. "These are not ordinary directors...these are directors who are going to come in, change the company, change how they work...and we want to reward them for the extra work they're doing," he said of the mentality of the hedge funds.
New program to help vets returning after combat
Apr. 5, 2013
Featured Expert: Alan C. Michaels
Fox 28 Columbus covered The Captain Jonathan D Grassbaugh Veterans Project announcement at The Ohio
State University Moritz College of Law. The project is designed to provide free legal services to military veterans.
New program to help vets returning from combat
Apr. 5, 2013
Featured Expert: Alan C. Michaels
ABC 6 On Your Side covered The Captain Jonathan D Grassbaugh Veterans Project announcement at The Ohio
State University Moritz College of Law. The project is designed to provide free legal services to military veterans.
New veterans project
Apr. 5, 2013
Featured Expert: Alan C. Michaels
NBC 4 covered The Captain Jonathan D Grassbaugh Veterans Project announcement at The Ohio
State University Moritz College of Law. The project is designed to provide free legal services to military veterans.
Ohio State to offer legal help for veterans
Apr. 5, 2013
Featured Expert: Alan C. Michaels
The Captain Jonathan D Grassbaugh Veterans Project was announced at The Ohio State University Moritz College of Law. The project will aid military veterans with free legal services according to a news brief from the Associated Press, which also was published in the San Francisco Chronicle, 10TV.com, The Repository, The Denver Post, Hamilton Journal News, Top News Today and Fox 27 Youngstown.
Dean Henry: Conflict? No comment
Apr. 2, 2013
Featured Expert: Arthur F. Greenbaum
Professor Arthur Greenbaum was quoted in the Sandusky Register about a possible conflict of interest for special prosecutor Dean Henry who is representing different parties in related cases. "“I don’t have enough facts to be able to state whether this is conflict of interest,” Greenbaum said. “But this would certainly seem like one.”
Ohio man who killed 6-month-old girl seeks mercy
Apr. 2, 2013
Featured Expert: Douglas A. Berman
Professor Doug Berman was quoted in The Washington Post regarding the execution of Steven Smith who killed a six-month-old child. Berman claimed that Smith's lawyers will have an "uphill battle" because of the additional rape charge. "But if the lawyers for this defendant can legitimately assert that the evidence doesn't show or support that this was an intentional killing, not only is it appropriate to bring this up at clemency, I think they're obliged, representing their client appropriately, to stress this point," Berman said.
Obama seems more intent on placating Netanyahu than brokering peace
Apr. 1, 2013
Featured Expert: John B. Quigley
Professor John B. Quigley wrote an op-ed for the Centre Daily Times regarding President Obama's priority level in the Middle East. "Obama to his credit did call on his Israeli audience to put themselves in the position of the Palestine population — under the thumb of a foreign army. But nothing he said suggests a path to peace, or that he is making a serious effort," he wrote.
March, 2013
Gay Marriage Argument Made In High Court On Tuesday; Ohioans React
Mar. 26, 2013
Featured Expert: Ruth Colker
Professor Ruth Colker was quoted in an article on 10TV.com regarding the Supreme Court case on gay marriage rights. "I think the gay rights community wants a victory, but I think reasonable people disagree on the whether the broadest victory is always the best," said Colker. "I don't think anybody likes the courts telling them what to do."
Scalia Leads Supreme Court To Reject Search By Drug-Sniffing Dog
Mar. 26, 2013
Featured Expert: Ric Simmons
Professor Ric Simmons was quoted in an article in Forbes regarding the Supreme Court decision to deem a dog-sniffing search of property illegal to obtain a search warrant. “Physical trespass as a form of government surveillance is falling by the wayside,” said Ric Simmons, who teaches criminal procedure at the Ohio State University’s Moritz College of Law. “Soon enough we will have drones that can follow cars. This decision doesn’t address that situation, or satellites, or going through third parties like OnStar to track a suspect.”
Delaware's greatest (M&A litigation) hits, via Vice Chancellor Parsons
Mar. 26, 2013
Featured Expert: Steven M. Davidoff
Professor Steven Davidoff's statistics were cited in an article on News and Insight regarding M&A litigation in Delaware's courts.
Local Family Waits for Same-Sex Marriage Ruling
Mar. 26, 2013
Featured Expert: Marc Spindelman
Professor Marc Spindelman spoke with NBC 4's Nadia Bashir prior to the U.S. Supreme Court hearing oral arguments in two same-sex marriage cases. “It’s significant because it may reflect a kind of bellwether change in the status and views about same-sex marriage across the country," he said, referring to a pending referendum in Ohio.
Gay marriage and Supreme Court: Justice Anthony Kennedy at center of Proposition 8, federal cases
Mar. 25, 2013
Featured Expert: Marc Spindelman
Professor Marc Spindelman was quoted in an article in the Mercury News regarding the Supreme Court case on gay marriage. "A common refrain is that the Supreme Court should only issue decisions that are durable," said Spindelman. "It looks like the winds of change are moving in one direction now. But it still might be too soon for the court."
Clarity on gay marriage coming soon from court
Mar. 24, 2013
Featured Expert: Marc Spindelman
Professor Marc Spindelman was quoted in an article in the Columbus Dispatch about the role of the Supreme Court in deciding the legality of same-sex marriage. "Spindelman said the justices will have to decide between the notion that 'we live in a democratic society in which the will of the majority is the rule' and the concept that 'constitutional rights are not subject to popular vote.'"
The Difficult Choices Ahead for the Dell Board
Mar. 24, 2013
Featured Expert: Steven M. Davidoff
Professor Steven Davidoff wrote an op-ed for the New York Times DealBook about the choices ahead for Dell now that some preliminary bids are in. "Under this agreement, the parties agreed to a 'go-shop' period. In this case, the 'go-shop' provides for a 45-day period during which the Dell board can freely solicit and speak to other bidders," he wrote.
Gay marriage at a crossroads in California
Mar. 24, 2013
Featured Expert: Marc Spindelman
Professor Marc Spindelman was quoted in an article by The Desert Sun regarding the court cases on gay marriage in California. Judge Vaughn Walker overturned Proposition 8 in California and there is a chance that the United States Supreme Court could do the same. “That remains a very viable possibility,” said Spindelman..., referring to the Prop. 8 case. “It’s very interesting because it’s very deep inside baseball.” The Prop. 8 case would only be able to legalize marriage in California.
‘Critical Conversations’ examines the role race plays in incarceration
Mar. 23, 2013
Featured Expert: Michelle Alexander
Professor Michelle Alexander's speech was quoted in an article in The Advocate recapping a lecture she recently gave at Louisiana State University. "The mass incarceration of colored poor people is the most pressing social issue of our time,” she said. “Today, we have a new regime of racial and social control.”
Documentary Explores Controversial Arrest of Black Scholar
Mar. 22, 2013
Featured Expert: Michelle Alexander
Professor Michelle Alexander's involvement in a documentary about the controversial arrest of a black scholar was cited in an article in the Newark Patch.
University hosts State of the State Conference
Mar. 22, 2013
Featured Expert: Michelle Alexander
Professor Michelle Alexander was quoted in an article in The BG News recapping the State of the State Conference she attended at Bowling Green University. "“There are more African American adults in prison or jail, on probation or parole, than were enslaved in 1850,” she said.
Stanley Chesley, Sidley, Paul Hastings: Business of Law
Mar. 22, 2013
Featured Expert: Arthur F. Greenbaum
Professor Arthur Greenbaum was quoted in an article from the Bloomberg News Service regarding the case of Stanley Chesley. "Yesterday’s ruling is by no means the end to Chesley’s saga. Ohio, where his office is located, has reciprocity rules that require sanctions similar to those imposed by another state. Arthur Greenbaum, a professor at the Moritz College of Law at Ohio State University, said in an e-mail that the 'Ohio Supreme Court uses the provision frequently.'"
Social media a double-edged sword in Ohio case
Mar. 19, 2013
Featured Expert: Ric Simmons
Professor Ric Simmons was quoted in an article by the Associated Press regarding the sentencing of two Steubenville high school football players for raping a drunk 16-year-old girl. "What happens in basements and at drunken parties used to stay there," says Simmons. But the huge role that social media played in the Ohio case, and the vast amount of evidence it created, he says, "brings these things out into the open. People are starting to talk about it, and people are starting to realize how the law treats this kind of behavior."
Verdict Reached In Steubenville Rape Case
Mar. 19, 2013
Featured Expert: Ric Simmons
Professor Ric Simmons was quoted in an article in the Canyon News regarding the verdict of the Steubenville rape case and the likelihood that more charges will be filed against those who may have known about the felony. “That’s a law that’s rarely used in any state,” Simmons said. “But certainly rarely used in Ohio just because it’s very hard to prove that someone actually knew a felony was occurring. If [people at the party] heard secondhand or people were telling jokes and so on about this, I think it would be really hard to meet the standard required for the state of mind to say that someone actually knew that a crime occurred.”
Widow’s gift to help veterans, and herself
Mar. 19, 2013
Featured Expert: Alan C. Michaels
Dean Alan Michaels was quoted in an article in the Columbus Dispatch about one of Moritz's widowed law students who started a fund in honor of her late Army husband to financially support veterans attending law school. “She’s awe-inspiring,” said Michaels, who was deeply moved by her gift. “It makes you want this (project) to be fantastic and to really make the difference that we’re hoping it will.”
Supreme Court to Hear Challenge to Arizona Voter ID Law
Mar. 18, 2013
Featured Expert: Edward B. Foley
Professor Edward Foley was quoted in an article on ABCnewsradioonline.com regarding the Supreme Court case challenging the Arizona voter ID law. "The case is intrinsically important,” says Foley, “because it asks whether a state can add a requirement to prove U.S. citizenship at the time of voter registration, beyond what the federal government requires under the NVRA”.
Parents of Steubenville Rape Victim Want 'Everything Over'
Mar. 18, 2013
Featured Expert: Ric Simmons
Professor Ric Simmons was quoted in an article on ABC News regarding the failure of others involved in the Steubenville rape case to come forward with information. "There is an Ohio law that makes it a crime not to report a felony, like rape, but the law is rarely used. 'That's a law that's rarely used in any state, I would believe, but certainly rarely used in Ohio just because it's very hard to prove that someone actually knew a felony was occurring,' attorney and professor Ric Simmons told ABCNews.com. 'We also don't usually prosecute crimes of omission. Not doing something is not usually illegal.'"
Ohio teens guilty of rape, but town's ordeal isn't over
Mar. 17, 2013
Featured Expert: Ric Simmons
Professor Ric Simmons was quoted in an article in the Los Angeles Times regarding the two Steubenville high school students convicted of raping a 16-year-old girl. Simmons was surprised at the lack of understanding by high school students of what defines "rape." "I think that this is, unfortunately, a pretty common view," he said. "I hope it'll be less common after this case."
Opinion: Steubenville case shows how the rules have changed
Mar. 17, 2013
Featured Expert: Ric Simmons
Professor Ric Simmons wrote a commentary for CNN.com about the two Steubenville high school teens convicted of raping a 16-year-old girl. "The law has evolved as societal norms have changed. Lots of sexual conduct occurs when one or both participants are intoxicated to some extent. The question that the law needs to answer -- but at times struggles to answer -- is at what point one person's intoxication is so severe that she (or he, in theory) is legally unable to give meaningful consent," he wrote.
Girl takes a stand in Steubenville rape trial
Mar. 16, 2013
Featured Expert: Ric Simmons
Professor Ric Simmons appeared on the NBC Nightly News to give his insight regarding the rape case of two Steubenville high school football players.
The Cautionary Instruction: The trial penalty
Mar. 15, 2013
Featured Expert: Douglas A. Berman
Professor Douglas Berman was quoted in an article in the Pittsburgh Post-Gazette regarding the idea of the "trial penalty." "Ohio State University Law Professor Douglas A. Berman wrote recently that if the Department of Justice was truly concerned about unwarranted sentencing disparity in financial fraud cases… (rather than with)…defendants who have the temerity to exercise their trial rights…then federal prosecutors ought to consider supporting Ms. Morgan's sentencing appeal. Marian Morgan and her husband John were arrested for a $28 million Ponzi scheme. John plea bargained for 10 years. Marian went to trial and got a 35 year sentence," the article read.
Michelle Alexander speaks on racially disproportionate U.S. prison system
Mar. 14, 2013
Featured Expert: Michelle Alexander
Professor Michelle Alexander was quoted in an article in The Daily Reveille about a lecture she gave at Louisiana State University. "There is no denying that we’ve created a vast new system of racial and social control that was not imagined when Dr. King was assassinated,” Alexander said.
Web browsers consider limiting how much they track users
Mar. 14, 2013
Featured Expert: Peter P. Swire
Professor Peter Swire was quoted in an article in the Washington Post regarding Internet privacy and tracking devices built into certain web browsers. “We’re at the risk of an arms race here,” said Swire, a Clinton administration privacy expert who is now an Ohio State University law professor. “This could break the Internet. It interferes with existing browsing models, and it puts bigger pressure on users to take escalating steps to protect their privacy.”
As rape trial opens, prosecutor says girl was "too impaired to say no'
Mar. 13, 2013
Featured Expert: Ric Simmons
Professor Ric Simmons was on NBC's Today Show and provided insight into a rape case going to trial in Stuebenville, OH. "The defense doesn't have to prove anything. It is the prosecutor that has to prove that she did not consent," Simmons said.
U.S. Chamber Report Highlights Benefits of Cost-Benefit Analysis in Rulemaking Process
Mar. 13, 2013
Featured Expert: Paul Rose
Professor Paul Rose's report titled "The Importance of Cost-Benefit Analysis in Financial Regulation" was quoted in an article in The Financial. "Financial regulators, especially in the context of Dodd-Frank, can and should ground their rulemaking in robust cost-benefit analysis in order to arrive at more rational decision-making and efficient regulatory action as well as to promote good governance and democratic accountability,” wrote Rose and (Christopher) Walker in the report. “The SEC’s experience with cost-benefit analysis, both in court and also in practice, provides an important lesson for other financial regulators."
U.S. Chamber Report Highlights Benefits of Cost-Benefit Analysis in Rulemaking Process
Mar. 13, 2013
Featured Expert: Christopher J. Walker
Professor Christopher Walker's report titled "The Importance of Cost-Benefit Analysis in Financial Regulation" was quoted in an article in The Financial. "Financial regulators, especially in the context of Dodd-Frank, can and should ground their rulemaking in robust cost-benefit analysis in order to arrive at more rational decision-making and efficient regulatory action as well as to promote good governance and democratic accountability,” wrote (Paul) Rose and Walker in the report. “The SEC’s experience with cost-benefit analysis, both in court and also in practice, provides an important lesson for other financial regulators."
In Spinoffs, a Chance to Jettison Liabilities
Mar. 12, 2013
Featured Expert: Steven M. Davidoff
Professor Steven Davidoff wrote an op-ed for the New York Times DealBook regarding the dangers of companies producing "spinoffs;" citing Time Warner as a most recent example. "...the new Time doesn’t even have a leader to guide it through this difficult transition. Any leadership is going to have to execute a turnaround with limited resources and in the public glare..." he wrote.
Ohio State University Law Professor Stirs Up Controversy About Police Honesty
Mar. 11, 2013
Featured Expert: Michelle Alexander
Professor Michelle Alexander was cited in a 10TV.com news article regarding her opinion published in the New York Times regarding police officers who lie. "Alexander said told 10 Investigates via phone that she “appreciates the great work and sacrifice of many police officers,” but that justice needs to be aware that some officers are dishonest," wrote 10TV.
Sequester As Opportunity? Simple Ways To Cut Prison Spending, Maybe Avoid Furloughs
Mar. 11, 2013
Featured Expert: Douglas A. Berman
Professor Douglas Berman's blog "Sentencing Law and Policy," was quoted in an op-ed on Forbes.com reviewing a post in which he wrote about cutting spending on prisons. "Douglas A. Berman, a law professor at Ohio State University, makes the succinct argument that the ominous-sounding sequester could provide an opportunity to 'improve the administration of justice and save money if [the Department of Justice] and [Bureau of Prisons] and others would use existing statutory mechanisms to reduce federal prison populations and costs,'" the article read.
Deals Now Make Sense, Not Just Money
Mar. 11, 2013
Featured Expert: Steven M. Davidoff
Professor Steven Davidoff wrote an op-ed for the New York Times Room for Debate regarding companies' reasons for making big deals and acquisitions. "Today's deals are more about building up than cashing in," Davidoff wrote.
For Icahn, a Game of Chicken With Dell’s Board
Mar. 7, 2013
Featured Expert: Steven M. Davidoff
Professor Steven Davidoff wrote an op-ed for the New York Times DealBook regarding the role of Carl C. Ichan in the buyout of Dell. "If the board does not implement his proposed dividend recapitalization, Mr. Icahn then indicated that Dell should commit to hold its annual meeting at the same time shareholders vote on the deal. Mr. Icahn then generously promised to run his own slate of directors to replace the current board," wrote Davidoff.
In Herbalife ‘Short War,’ Hedge Funds Miss the Target
Mar. 5, 2013
Featured Expert: Steven M. Davidoff
Professor Steven Davidoff wrote an op-ed for the New York Times DealBook regarding the interest of hedge fund billionares in the company, Herbalife. "As a result, the debate over Herbalife has been reduced to the level of a junior high school feud as it becomes about traders trash-talking each other," wrote Davidoff.
Ohio Senate Bill 36 takes aim at federal gun laws
Mar. 4, 2013
Featured Expert: Ruth Colker
Professor Ruth Colker was quoted in a Cleveland Plain Dealer article about Ohio Senate Bill 36, which proposes that local, state, federal or international agents who attempt to enforce new federal gun regulations in Ohio would be charged with first-degree felonies under state law. "You don't use a legislative route to prevent the enforcement of a federal statute," Colker said. "That's not an option. This is clearly, 100 percent unconstitutional."
February, 2013
In Wall St. Tax, a Simple Idea but Unintended Consequences
Feb. 26, 2013
Featured Expert: Steven M. Davidoff
Professor Steven M. Davidoff wrote an op-ed for the New York Times DealBook about the dangerous consequences caused by a financial transaction tax. "Some say that a financial transaction tax is a cost-free way to kill many a bird with one stone — raising revenue, preventing financial crashes and making markets safer. But advocates of this neat idea conveniently ignore the century of less-than-successful experience with this tax, including New York State’s own failed attempt," he wrote.
John Quigley | Our presence in unstable places encourages extremist elements
Feb. 24, 2013
Featured Expert: John B. Quigley
Professor John Quigley wrote an op-ed for the Centre Daily Times about the United States' role in extremist attitudes in the Middle East and northern Africa. "Our intervention in Libya brought an attack on a consulate we set up in the eastern Libyan city of Benghazi, resulting in the deaths of four U.S. officials," he claimed.
Black Male Incarceration Adds to Social Woes Predicted in Moynihan Report
Feb. 24, 2013
Featured Expert: Michelle Alexander
Professor Michelle Alexander was quoted in an article by Diverse Education regarding the mass incarceration of black men and how it is affecting society as a whole. "In the years since the Moynihan Report, we’ve made a profound choice. Rather than good schools, we have built high-tech prisons. Rather than create good jobs and invest in the communities that need it most, we have embarked upon an unprecedented race to incarcerate that has left millions of Americans locked up and locked out,” she said.
Conference to tackle lobbying and campaign finance
Feb. 21, 2013
Featured Expert: Daniel P. Tokaji
Professor Dan Tokaji was quoted in an article by the University at Buffalo The State University of New York regarding the Campaign Finance Conference. "The regulation of lobbying is a cutting-edge issue in the law of elections and politics,” said Tokaji. “Election Law Journal is excited to have the opportunity to publish papers on lobbying and campaign finance by leading scholars from around the country."
Deal Between Office Depot and OfficeMax Not Quite Ready for Release
Feb. 20, 2013
Featured Expert: Steven M. Davidoff
Professor Steven M. Davidoff wrote an op-ed for the New York Times DealBook regarding the merging of OfficeMax and Office Depot and the problems associated with it. "The earnings — and the details of the deal — were apparently released too early. Office Depot had a conference call for its earnings scheduled for next week. OfficeMax was set to report its financials on Thursday," he wrote.
Can Do-Not-Track Still Be Salvaged?
Feb. 20, 2013
Featured Expert: Peter P. Swire
Professor Peter Swire was quoted in an article by The Daily Online Examiner about the progress of the "do-not-track" efforts. "There are positive things from Boston," he said. "The tone was professional and positive. At some earlier meetings, there had been personal attacks and a difficult tone. In Boston, people worked hard on the substance, and they did so in a professional way."
Anonymous Takes On State Department, More Banks
Feb. 19, 2013
Featured Expert: Douglas A. Berman
Professor Douglas Berman was cited in an article by Information Week Security regarding the hacking on the United States government by the Anonymous hactivist collective. "I would like to believe our government is functional enough to find some other way to get this out officially," Berman told the Journal. "I don't want to be the only reporter of record for all this material."
Jackson may lose federal pension
Feb. 19, 2013
Featured Expert: Douglas A. Berman
Professor Douglas Berman was quoted in an article in the Chicago Tribune regarding the federal investigation of former Rep. Jesse Jackson Jr. "His exposure — the most he could properly get if the judge decides to throw the book at him — clearly is at least five years," Berman said, "and it may be significantly more."
‘Currency War’ Is Less a Battle Than a Debate on Economic Policy
Feb. 19, 2013
Featured Expert: Steven M. Davidoff
Professor Steven Davidoff wrote an op-ed for DealBook New York Times about what the term "currency war" really means. "It is really a debate about how industrialized countries will grow out of their economic malaise, and even the term 'currency war' is being misused," he wrote.
Buffett’s Kind of Deal
Feb. 15, 2013
Featured Expert: Steven M. Davidoff
Professor Steven Davidoff wrote an op-ed for DealBook New York Times regarding the recent acquisition of H.J. Heinz by Warren E. Buffet. "Warren E. Buffett is known for picking public targets, setting his price and the targets agreeing without much bargaining to be acquired. In those deals, once Mr. Buffett showed up, the companies appeared to lose interest in finding any other bidders," he wrote.
After ‘Anonymous’ Attack, Sentencing Body Seeks Blogger’s Help
Feb. 14, 2013
Featured Expert: Douglas A. Berman
Professor Douglas Berman is known nationally as an expert on sentencing law, which is precisely why the U.S. Sentencing Commission asked him for a favor in the wake of its own website being dismantled by hackers. Would Berman mind publishing the commission's new report on federal sentencing on his own blog?
The story was covered by The Wall Street Journal, which included Berman's own thoughts on the topic: “I would like to believe our government is functional enough to find some other way to get this out officially,” Berman said. “I don’t want to be the only reporter of record for all this material.”
Racial Gap in Men's Sentencing
Feb. 14, 2013
Featured Expert: Douglas A. Berman
Professor Douglas Berman was quoted by The Wall Street Journal in a story about a new sentencing guidelines report released by the U.S. Sentencing Commission that found prison sentences of black men were nearly 20 percent longer than those of white men for similar crimes in recent years.
"It's not surprising that the commission that's in charge of both monitoring and amending the guidelines has a general affinity for the guidelines," Berman said.
Resignation of Pope Benedict XVI demands a close look at rules of modern papal election
Feb. 13, 2013
Featured Expert: Daniel P. Tokaji
Professor Dan Tokaji was quoted in a journal article in the Election Law Journal about the possible election law questions that surfaced with the resignation of Pope Benedict XVI. ""The resignation of Pope Benedict XVI brings into the public spotlight the longest-standing system for conducting elections for the head of any institution on earth. Professor Baumgartner's article offers a lively and accessible summary of the development of the rules for papal elections, a must read for anyone interested in this important topic," he said.
Unusual Moves in Confronting Apple’s Huge Pile of Cash
Feb. 12, 2013
Featured Expert: Steven M. Davidoff
Professor Steven Davidoff wrote an op-ed for the New York Times DealBook on the problems Apple is running into with its rapidly accumulating money pile. "The money just sits there, not earning much in an environment of extremely low interest rates. And the problem is only getting worse. Apple is accumulating money at an enormous rate — more than $23 billion in the last quarter alone," he wrote.
How Dell Tried to Avoid Potential Buyout Pitfalls
Feb. 8, 2013
Featured Expert: Steven M. Davidoff
Professor Steven Davidoff wrote an op-ed for the New York Times DealBook on the provisions Dell has put in place in it's acquisition agreement. "All told, while the full facts still need to be disclosed, it appears that Dell has gone out of its way to address problems that have arisen in previous management buyouts," he wrote.
Justice Department Faces Uphill Battle in Proving S.& P. Fraud
Feb. 5, 2013
Featured Expert: Steven M. Davidoff
Professor Steven Davidoff co-authored an article with Peter Henning for The New York Times White Collar Watch as the Deal Professor.
In the article, which regarded the Justice Department’s civil complaint toward Standard & Poor’s, Davidoff and Henning wrote:
“By accusing S.& P. of fraud, the Justice Department may be able to undermine any First Amendment claim by the company. The protections afforded by the Constitution do not extend to statements made as part of a fraudulent scheme. By charging that the ratings were designed to help the company generate new business, the government may block S.& P. from having the complaint dismissed before trial.”
Reasons to Be Suspicious of Buyouts Led by Management
Feb. 5, 2013
Featured Expert: Steven M. Davidoff
As the Deal Professor, Professor Steven Davidoff wrote an article for The New York Times DealBook, regarding management-led buyouts.
Threading through examples of such buyouts, Davidoff wrote: “Take J. Crew, whose buyout group included the company’s chief executive, Millard Drexler. At the last minute, his bidding group dropped the price it was willing to pay by $2 a share. The J. Crew board still went ahead with the deal, probably because the directors felt they had no choice.”
January, 2013
Security cameras multiply, raising privacy concerns
Jan. 29, 2013
Featured Expert: Ric Simmons
Professor Ric Simmons was quoted in The Columbus Dispatch about the increase in security cameras and its effect on privacy. “If you’re in a place where you can be observed by police, you can put cameras there instead,” Simmons said.
Security cameras multiply, raising privacy concerns
Jan. 29, 2013
Featured Expert: Peter P. Swire
Professor Peter Swire weighed in on an article in The Columbus Dispatch about the increase in security cameras and its effect on privacy.
Swire said limits should be put on how lawmakers utilize security cameras. “(It’s) not a good idea to connect all the cameras and let the cops see everyone, everywhere,” he said.
Dramatic Chart Shows Just How Unpopular Law School Has Become
Jan. 29, 2013
Featured Expert: Deborah Jones Merritt
Business Insider referenced Professor Deborah Jones Merritt’s research in an article about a drop in law school applicants. The article noted Merritt’s research showed “at the present rate, there will be between 53,000 and 54,000 for the current academic year. That’s fewer applicants than US law schools have seen in the past three decades.”
Lessons for Entrepreneurs in Rubble of a Collapsed Deal
Jan. 29, 2013
Featured Expert: Steven M. Davidoff
Professor Steven Davidoff, as the Deal Professor, wrote an article for The New York Times DealBook, which centered on lessons to be learned from Goldman Sach’s legal dispute with Dragon Systems. One of which to specifically learn from, he wrote, was to “know your advisers.”
“It is perhaps no coincidence that this suit was brought in 2009 — in the wake of the financial crisis, when Goldman’s unpopularity made it a good time to sue,” Davidoff wrote. “These claims would go to a jury, and Goldman was hardly the most sympathetic defendant. But bashing Goldman or any other bank goes only so far when the hard truth spells otherwise.”
Behind the Cover Story: Emily Bazelon on Pornography and Punishment
Jan. 28, 2013
Featured Expert: Douglas A. Berman
Professor Douglas Berman was referenced in The New York Times in an article based on an interview with Emily Bazelon, who wrote a cover article for The New York Times Magazine about victims of child pornography seeking restitution from those who looked at them.
Bazelon said it was one of Berman’s blog posts that first turned her onto the topic.
Avoiding law school in droves
Jan. 28, 2013
Featured Expert: Deborah Jones Merritt
Professor Deborah Jones Merritt was mentioned in The National Law Journal in an article about a drop in law school applicants. The article noted Merritt’s research on the topic showed “at no time during the past 30 years had the applicant totals slipped below 60,000.”
Merritt told the Journal: “I was pretty surprised when I looked back and saw the prospective applicant levels would bring us back to 1983. … There’s a general sense people have that applications are cyclical, but I don’t see any way for a quick rebound here.”
The article was also referenced by ABA Journal and Connecticut Law Tribune.
GOP’s electoral vote scheme likely illegal in Virginia
Jan. 25, 2013
Featured Expert: Daniel P. Tokaji
Professor Daniel Tokaji weighed in on an article in MSNBC about a possible scheme in Virginia to rig the Electoral College in favor of Republicans.
“I think there’s a very strong argument to be made that this change has a retrogressive effect on African-American voters in particular and perhaps Latino voters as well,” Tokaji said.
Kasich rejects calls for Terhar’s ouster
Jan. 24, 2013
Featured Expert: David A. Goldberger
Professor David Goldberger was quoted by The Columbus Dispatch in an article about controversy surrounding a Facebook post by State Board of Education President Debe Terhar. Terhar’s post related President Barack Obama’s call for gun control to Adolf Hitler’s policies.
“The First Amendment protects her right to hold her personal beliefs. But a public official who harbors those kinds of views is really right on the margin of whether she should be in public office,” Goldberger said.
Can we talk calmly about Obama's 'Executive Orders'?
Jan. 23, 2013
Featured Expert: Peter M. Shane
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.
Ohio State football: Getting in the ’Shoe likely to cost more
Jan. 23, 2013
Featured Expert: Charles E. Wilson
Professor Charlie Wilson was featured in an article in The Columbus Dispatch, which regarded Ohio State’s Athletic Council recommending an increase in football ticket prices.
Wilson, who is also the council's chairman, said, “Until the final thing is decided upon and submitted to the board of trustees for consideration, I think it’d be premature at this point to begin to speculate exactly what will be the recommendation. … The hope is to keep student tickets prices as low as possible.”
The article was also referenced by the Bleacher Report.
Ohio Supreme Court Accepts Appeal in Jobs Funding Case
Jan. 23, 2013
Featured Expert: Daniel P. Tokaji
Professor Daniel Tokaji was quoted in a Bloomberg article, which centered on the Ohio Supreme Court’s decision on whether a nonprofit, ProgressOhio.org Inc., “is eligible to challenge the use of state liquor profits to fund a private economic-development program backed by Governor John Kasich.”
“For those who are worried about public accountability and the spending of public dollars, this is potentially quite significant,” Tokaji said. “The court is making a very subjective and contestable judgment about what is important and what’s not.”
Ohio State ponders 12% hike in ticket prices
Jan. 23, 2013
Featured Expert: Charles E. Wilson
Professor Charles Wilson was quoted in an article in the Toledo Blade about the prospect of The Ohio State University raising football ticket prices.
Wilson, who is also Athletic Council chairman, said: “We don't have the luxury that some athletic departments have of going to the university [for money], and I don't want that ever to happen. … It’s never happened. Our athletic department has always been self-sustaining, and if I have anything to do with it, it always will be. That’s why sometimes you have to cover your expenses to maintain 36 sports programs.”
Gun debate spurs epidemic of constitutional ignorance
Jan. 23, 2013
Featured Expert: Peter M. Shane
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."
Ohio Supreme Court Accepts Appeal in Jobs Funding Case
Jan. 23, 2013
Featured Expert: Daniel P. Tokaji
Bloomberg quoted Professor Daniel Tokaji in an article about the possibility of the Ohio Supreme Court ruling that a nonprofit, ProgressOhio.org Inc., is eligible to utilize state liquor profits to fund a private economic-development program.
“For those who are worried about public accountability and the spending of public dollars, this is potentially quite significant,” Tokaji said.
Ohio State Mulling Substantial Football Ticket Price Hikes, Introduction of Premium Game Pricing
Jan. 22, 2013
Featured Expert: Charles E. Wilson
Professor Charlie Wilson weighed in on an Eleven Warriors article about the prospect of Ohio State raising its football ticket prices.
“These ticket prices are getting pretty high for folks right out of college,” said Wilson, who is also chairman of Ohio State’s Athletic Council. “You lose your alums at some point if you start pricing them out of the market. One day they’re going to be old alums with money.”
Reports Reveal Financial Challenges, but Few Solutions
Jan. 22, 2013
Featured Expert: Steven M. Davidoff
Professor Steven Davidoff, as the Deal Professor, wrote an article for The New York Times DealBook. In the article, which centered on the World Economic Forum and its influence on JPMorgan Chase and the Federal Reserve, Davidoff wrote:
“The World Economic Forum and its leaders appear to be moving on, but if the financial titans gathered there are really going to fight off the small but growing number of critics who are calling for the breakup of the big banks or even more likely a stronger Volcker Rule, they should put forth an alternative or an explanation for why these blowups keep occurring. The forum would seem to be an ideal place to do it.”
Author to speak at UT on the 'new Jim Crow'
Jan. 18, 2013
Featured Expert: Michelle Alexander
Professor Michelle Alexander was the topic of a Knoxville News Sentinel article announcing she was slated to speak at the University of Tennessee about her book The New Jim Crow: Mass Incarceration in the Age of Colorblindness.
Vanderbilt to celebrate MLK Day with service activities, keynote address
Jan. 15, 2013
Featured Expert: Michelle Alexander
Professor Michelle Alexander will deliver the keynote address at Vanderbilt University's annual event commemorating the life of Dr. Martin Luther King Jr.
Judge rejects Donahoe’s request to withdraw from marijuana case
Jan. 15, 2013
Featured Expert: Douglas A. Berman
Professor Douglas Berman was mentioned in a Helena Independent Record article about a federal judge refusing to remove a defense attorney from a marijuana case. The attorney said he requested removal after reading one of Berman’s blog posts on the case.
Mug Shot Websites Face Lawsuit Alleging Violations Of Arrestee Publicity Rights
Jan. 14, 2013
Featured Expert: Daniel P. Tokaji
Professor Dan Tokaji was quoted in an article in The Huffington Post regarding the legality of websites which publish mug shots of those found "not guilty." "The websites probably have a First Amendment right to publish the mug shots because this is lawfully obtained public information," he said. "The practice of requiring payment to have them removed is unsavory, but probably not illegal."
Donahoe asks to withdraw from Chris Williams marijuana case
Jan. 9, 2013
Featured Expert: Douglas A. Berman
Professor Douglas Berman was quoted in an article in the Billings Gazette regarding the case of Christopher Williams' marijuana conviction. "I’m a full-time law professor at Ohio State, and I don’t know if I could (represent Williams) if I wanted to,” Berman said. “But the legal issues are very interesting and that’s what’s drawn my attention to the case.”
Tech giants brace for more scrutiny from regulators
Jan. 4, 2013
Featured Expert: Peter P. Swire
Professor Peter Swire was quoted in an article in The New York Times regarding Internet security laws. “Now that the election is over, Silicon Valley companies each are thinking through their strategy for the second Obama administration,” said Swire. “The FTC will have a new Democratic chairman. A priority for tech companies will be to discern the new chair’s own priorities.”
Ackman, Herbalife and Celebrity Short-Sellers
Jan. 1, 2013
Featured Expert: Steven M. Davidoff
Professor Steven Davidoff wrote a column for the New York Times DealBook regarding the power of celebrity investors like William A. Ackman. "There is a culture of worship around Mr. Ackman and a small circle of hedge fund deities like Mr. Einhorn, John A. Paulson of Paulson & Company and even Steven A. Cohen at a somewhat tarnished SAC Capital Advisors. When one of them says or does something, it quickly reverberates in the market," Davidoff wrote.
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