Faculty in the News

Ohio State law professors are sought out for their expertise by a number of news media outlets and blogs with large audiences. Topics range from the death penalty to voter ID laws to artificial insemination – and our faculty members’ quotes and analysis can be found everywhere from small-town and national newspapers to radio broadcasts to cable news programs. The following is a selection of media coverage for Moritz College of Law faculty.

To request an interview, media should click here for more information.

2018 Media Hits

Kavanaugh racks up record of dissenting opinions in major federal cases

August 19, 2018

Featured Expert: Christopher J. Walker

Professor Chris Walker was quoted in The Washington Times about Supreme Court nominee Judge Brett M. Kavanaugh. 

 

“Judge Kavanaugh is someone who is going to rein in the administrative state,” Walker said. “Judge Kavanaugh’s jurisprudence is motivated by separation of powers.”



What happens if Mueller decides to subpoena President Trump?

August 16, 2018

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in ABC News about Special Counsel Robert Mueller’s investigation into the Trump administration and whether it would be strategic for Mueller to issue a subpoena on the president. 

 

“I would say, yes. Because the evidence that the president could give would be, in my judgment, directly relevant to the plausibility of charges that involve not only the president but other people involved in his campaign, including family members," Shane said. "And I think that as a prosecutor and former FBI director that Mueller believes in dotting as many I's and crossing as many T's as possible. I don't think he would want to leave this particular stone unturned.”



Law Prof Denies Claims Kavanaugh Will Destroy Federal Bureaucracy

August 14, 2018

Featured Expert: Christopher J. Walker

Professor Chris Walker was quoted in LifeZette about Judge Brett M. Kavanaugh, President Donald Trump’s nominee to the U.S. Supreme Court. 

 

 

“My bottom line is that, if you were hoping for a deconstruction of the administrative state, as Steve Bannon said during the campaign, you’re going to be disappointed,” Walker said at a panel discussion hosted by The Heritage Foundation. “Judge Kavanaugh is someone who cares deeply about administrative law and regulatory practice. I think some of the claims we’re seeing is a little bit fun.”



Manafort defense rests without calling witnesses

August 14, 2018

Featured Expert: Joshua Dressler

Professor Joshua Dressler was quoted in The Hill about the trial of Paul Manafort, President Donald Trump’s former campaign manager. Attorneys for Manafort rested their case without calling any witnesses. 

 

“It’s a high-risk strategy,” Dressler said. “I think at this point the defense’s goal or hope has to be that a combination of their cross examination of Gates plus a powerful closing argument can create reasonable doubt in the mind of at least one juror to get a hung jury.”



Separation of Powers, Rule of Law Will Guide Kavanaugh's Decisions, Legal Experts Say

August 14, 2018

Featured Expert: Christopher J. Walker

Professor Chris Walker was quoted in The Daily Signal about Supreme Court nominee Judge Brett M. Kavanaugh. 

 

“In a Justice Kavanaugh, you are going to see someone motivated by separation of powers … that is going to hold agencies accountable to what Congress has told them what they can and can’t do,” Walker said.



Judge's criticism of Mueller prosecutors may alter Manafort trial outcome, experts say

August 9, 2018

Featured Expert: Joshua Dressler

Professor Joshua Dressler was quoted in The Washington Times about Judge T.S. Ellis III, who has been especially critical of prosecutors in the trial of former Trump campaign chairman Paul Manafort. 

 

“I see no way that Judge Ellis‘ responses will not have an impact,” Dressler said. “Judges are generally looked to with respect by jurors, so a judge’s reactions become of exaggerated importance. One would have to look at what has happened by Judge Ellis as benefiting the defense, but the extent of it can only remain to be seen.”



This is why US election ballots routinely go missing

August 9, 2018

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in USA Today about the prevalence of missing election ballots.

 

"Most of the time, it just goes unreported because it doesn't affect the result," Tokaji said. 



When a Parent's Beliefs About Medicine Become Child Abuse

August 8, 2018

Featured Expert: Efthimios Parasidis

Prof. Efthimios Parasidis was quoted in Healthline about religious exemptions to medical care and religious-based medical neglect. 

 

“The U.S. values religious freedom to the point where states are willing to grant parents the right to refuse even life-saving medical treatments for their children if the parents can show that there’s a religious tenet that would be violated by administering the treatment,” Parasidis said. 



Results in the 12th Congressional District race in flux with narrow margin

August 8, 2018

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in WSYX ABC 6 about the 12th Congressional District special election.

 

“I think the 12th district election got a lot of attention because it is seen as a bellwether for what is happening in November,” Tokaji said.



Five things to know about Manafort's first week in court

August 4, 2018

Featured Expert: Joshua Dressler

Professor Joshua Dressler was quoted in The Hill about the criminal trial against Paul Manafort, a former campaign chairman for the Trump administration, and whether or not he will testify. 

 

“From a distance, there’s a sense of arrogance on his part that might not go over well with a jury,” Dressler said. “I think what the defense has to decide is how well the case, in their view, has gone before they get to this crucial decision.”


Sessions Asks Congress to Fix Armed Career Criminal Law

August 2, 2018

Featured Expert: Douglas A. Berman

A blog post by Professor Doug Berman about the federal Armed Career Criminal Act was quoted in The Crime Report. 

 

“Reform to the Armed Career Criminal Act is long overdue … Beyond just the vagueness problem … there are deeper problems with the entire structure of the Armed Career Criminal Act, particularly its reliance on a severe mandatory minimum prison term of 15 years for the mere act of possessing a firearm or ammunition,” Berman writes for his blog, Sentencing Law and Policy. 


 


Battle lines: the fight for a fair vote in America

August 2, 2018

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the Financial Times about the U.S. Supreme Court’s stance on partisan gerrymandering. 

 

“My personal view is that in recent years the Roberts court has done much more to hurt democracy than to help it, and I only see that trend continuing, especially with the nomination of Judge Kavanaugh,” Tokaji said. 



The #MeToo movement is a boon for big law firms

August 1, 2018

Featured Expert: L. Camille Hébert

Professor Camille Hébert was quoted in Yahoo Finance about the use of outside counsel to help major companies investigate sexual misconduct claims.

“Even if an internal investigation actually is independent, the people who are telling their stories or who are giving information might not feel like it is,” Hébert said


Civics Essential: How landmark Ohio case gave birth to 'stop-and-frisk' rules

July 31, 2018

Featured Expert: Joshua Dressler

Professor Joshua Dressler was quoted in Soapbox Cincinnati about the U.S. Supreme Court case Terry v. Ohio. 

 

“Before that (ruling), there were no constitutional limitations on when police could stop individuals or when they could frisk them for weapons,” Dressler said. 



Kavanaugh on administrative law and separation of powers

July 26, 2018

Featured Expert: Christopher J. Walker

A post written by Professor Chris Walker about Judge Brett M. Kavanaugh, President Donald Trump's nominee for the U.S. Supreme Court, was published on SCOTUSblog.

 

“By congressional design, the U.S. Court of Appeals for the District of Columbia Circuit is the nation’s pre-eminent administrative law court and arguably “the second most important court” overall, after the Supreme Court,” Walker writes. “And D.C. Circuit Judge Brett Kavanaugh—President Donald Trump’s nominee to the Supreme Court—is one of the most sophisticated, provocative and creative voices in the federal judiciary when it comes to administrative law.”



What Paul Manafort's Delay Tactics Show About the Case Against Him

July 24, 2018

Featured Expert: Joshua Dressler

Prof. Joshua Dressler was quoted in TIME magazine about Paul Manafort’s trial, which was delayed a week. 

 

“It’s not uncommon for a defense attorney, especially in a complicated case of great significance like this, to try to have more time to prepare,” Dressler said. 


Punished for Crimes Not Proven

July 23, 2018

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in The Marshall Project about the case of Gregory "Boy Boy" Bell and the use of “acquitted conduct” to increase sentences. 

 

“I’ve had students accuse me of making this up,” Berman said.



Kavanaugh pick signaling change ahead

July 23, 2018

Featured Expert: Christopher J. Walker

Professor Chris Walker was quoted in Pensions & Investments about Judge Brett Kavanaugh, President Donald Trump’s nominee to the U.S. Supreme Court. 

 

"On the federal bench, he is the biggest thinker when it comes to administrative law,” Walker said. “He's now going to have a national stage to talk about the proper role of the administrative state.” 



America's most popular doll is being counterfeited. L.A. toymaker MGA wants to know who's doing it

July 19, 2018

Featured Expert: Daniel C.K. Chow

Prof. Daniel Chow was quoted in the Los Angeles Times about counterfeit toys. In order to catch fraudulent goods, companies often have to hire private investigators to find tracking numbers on shipping containers entering the country. 

 

“It’s very difficult for the company to successfully get that information unless they can really infiltrate into the counterfeiting chain, which is really hard to do,” Chow said. 

 

 


UAE and China-funded lending programme improves life in Oman, India and the Philippines

July 17, 2018

Featured Expert: Daniel C.K. Chow

Professor Daniel Chow was quoted in The National about the Asian Infrastructure Investment Bank (AIIB), which is funding a project to give more than 400,000 homes access to fibre optic broadband in Oman. 

 

“The AIIB might make its loans based on the 'Beijing Consensus', a competing ideological view with the Washington Consensus … Moreover, the AIIB may represent the first step in China displacing the United States as the final arbiter of the rules of international trade,” Chow said. 



Drug users on probation can be required to remain drug-free, court rules

July 16, 2018

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in CNN about about a Massachusetts Supreme Judicial Court ruling that deems it is not cruel and unusual punishment to jail someone on probation for a failed drug test. 

 

"I think we don't fully understand what drives human behavior as a general matter and what is at the fundamental core of substance abuse disorder, but two things we do know is everyone is different, and what will deter some may not deter others," Berman said. 



Yes, American democracy is in peril, but don't blame the bots

July 12, 2018

Featured Expert: Edward B. Foley

A post written by Prof. Edward Foley for SCOTUSblog about Justice Anthony Kennedy’s jurisprudence on voting rights was quoted in Salon.

 

“For Kennedy, freedom comes first and democracy second, and … the purpose of democracy is to preserve and promote personal liberty,” Foley writes. 


Kavanaugh nomination raises questions about ObamaCare's fate

July 12, 2018

Featured Expert: Christopher J. Walker

Professor Chris Walker was quoted in The Hill about Judge Brett Kavanaugh’s nomination to the U.S. Supreme Court and whether he would help overturn protections outlined in the Affordable Care Act (ACA) for people with pre-existing conditions. 

 

“I doubt there are more than a couple votes on the court” [against the ACA], Walker said.


Judge Kavanaugh ‘not a fan of agency power’

July 11, 2018

Featured Expert: Christopher J. Walker

Prof. Chris Walker was quoted in Minnesota Lawyer about Judge Brett Kavanaugh’s nomination to the U.S. Supreme Court. If he is confirmed, a legal doctrine known as “Auer deference,” which allows agencies to interpret their own rules, could come under threat. 

 

“I would be surprised if it’s not eliminated in the next year or two,” Walker said. 


The First Amendment

July 11, 2018

Featured Expert: Courtlyn Roser-Jones

Professor Courtlyn Roser-Jones appeared on WOSU’s All SIdes with Ann Fisher to discuss the role of the First Amendment in several U.S. Supreme Court cases this year. 



Voting rights in Justice Kennedy’s Constitution

July 6, 2018

Featured Expert: Edward B. Foley

A post by Professor Edward Foley about U.S. Supreme Court Justice Anthony Kennedy was published in SCOTUSblog. 

 

“Justice Anthony Kennedy’s jurisprudence on voting rights must be understood in the context of his overall constitutional philosophy,” Foley writes. “While certainly appreciative of the role that democratic elections play as part of the republican form of government established by the Constitution—see, for example, his concurrences in U.S. Term Limits, Inc. v. Thorton (1996) and Cook v. Gralike (2001)—Kennedy did not view voting rights as having a paramount status within the pantheon of constitutional rights.”

 

 


Ray Tibbetts’ case is exactly what executive clemency is for

June 30, 2018

Featured Expert: Joshua Dressler

An op-ed by Professor Joshua Dressler about Raymond Tibbetts, who was sentenced to death for the 1997 murders of his wife and their landlord, was published in The Blade. 

 

“In my more than four decades as a law professor, I have studied issues of fairness in our criminal justice system, particularly in the area of the death penalty,” Dressler writes. “Thus I was struck by a question that a juror who served Ray Tibbetts’ capital trial, Ross Allen Geiger, posed in a letter to Gov. John Kasich: ‘Governor, if we are going to have a legal process that can send criminals to death that includes a special phase for mitigation shouldn’t we get it right?’ Mr. Geiger’s question gets to the heart of why Gov. Kasich should exercise his executive clemency powers now to commute Tibbetts’ death sentence to a life sentence with no opportunity for parole.”



Kennedy’s Retirement Could Threaten Efforts to End Partisan Gerrymandering

June 30, 2018

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The New York Times about Justice Anthony Kennedy’s retirement from the U.S. Supreme Court and whether Chief Justice John Roberts could cast a vote against partisan gerrymandering. 

 

“He’s not going to be taken down this road unless a case is perfectly and properly presented,” Foley said. “But it is very significant that he did not foreclose the road at all.”

 

 


Supreme Court Cites Doctors’ Medical Marijuana Free Speech Rights In Abortion Case

June 26, 2018

Featured Expert: Douglas A. Berman

A post by Prof. Doug Berman for the blog Marijuana Law, Policy & Reform was quoted in Marijuana Moment about the U.S. Supreme Court case National Institute of Family and Life Advocates v. Becerra, which invalidated a California law requiring anti-abortion crisis pregnancy centers to notify women about available state-funded abortions. The ruling also upholds protections for doctors who discuss medical cannabis with their patients, according to Berman. 

 

“Given the modern politics of marijuana reform, I was not that worried that the Ninth Circuit’s work in Conant v. Walters would be undermined anytime soon,” Berman writes. “But it would not be too hard to imagine Attorney General Jeff Sessions or other state or federal officials resistant to marijuana reform trying to heavily regulate how medical professional can talk to patients about marijuana. This new SCOTUS precedent would seem to limit any such possible efforts.”


Supreme Court Cites Doctors’ Medical Marijuana Free Speech Rights In Abortion Case

June 26, 2018

Featured Expert: Douglas A. Berman

A post by Professor Doug Berman on his blog, Sentencing Law & Policy was quoted in Marijuana Moment.  

 

“Given the modern politics of marijuana reform, I was not that worried that the Ninth Circuit’s work in Conant v. Walters would be undermined anytime soon,” Berman said. “But it would not be too hard to imagine Attorney General Jeff Sessions or other state or federal officials resistant to marijuana reform trying to heavily regulate how medical professional can talk to patients about marijuana. This new SCOTUS precedent would seem to limit any such possible efforts.”



Justice Gorsuch Shows Pro-Defendant Bent

June 21, 2018

Featured Expert: Douglas A. Berman

A post by Professor Doug Berman on his blog, Sentencing Law & Policy was quoted in The Crime Report. 

 

“Justice Gorsuch may already be a more ‘gettable’ vote for federal criminal defendants than was the late Justice [Antonin] Scalia, the jurist he replaced … In the years to come, this reality may prove important not only with respect to how the Justice decided key cases, but also with respect to how the Justice decides which cases to decide,” Berman writes. 


Is the right to vote a use-it-or-lose-it proposition?

June 20, 2018

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the Los Angeles Times about Ohio’s voter purge law. Tokaji served as co-counsel in a lawsuit against the policy, which the Supreme Court upheld in a recent ruling. 

 

“I’m very concerned about what our Supreme Court has done and will do to our democracy, to our ability not only to cast our votes but to cast meaningful votes,” Tokaji said. “We’ve seen a lot of issues pertaining to the dilution or weakening of votes, including the problem of gerrymandering. I hope that the Supreme Court will do something constructive, but I’m very worried about whether they will.”


On election issues, US Supreme Court sticks to the shallows

June 18, 2018

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Christian Science Monitor about a partisan gerrymandering challenge in North Carolina that could reach the Supreme Court. 

 

“It may ... turn out to be valuable for American democracy as a whole that North Carolina becomes the focal point, because the stakes could not be any clearer than in North Carolina,” Foley said. 


Columbus, police still negotiating contract

June 18, 2018

Featured Expert: Sarah Rudolph Cole

Professor Sarah Cole was quoted in The Columbus Dispatch about a collective bargaining agreement between the city and Columbus police. Since it expired more than six months ago, some issues specified in the contract remain unresolved.

 

“If they can’t resolve it through mediation, then you have hearings and they present evidence and their views on why they should get things,” Cole said.



Robert Mueller won’t save us

June 18, 2018

Featured Expert: Joshua Dressler

Professor Joshua Dressler was quoted in Vox about obstruction of justice. 

 

“It requires proof that the person corruptly or by threat influences, impedes, or endeavors to influence or impede the due administration of justice,” Dressler said. “It doesn’t require proof that justice was obstructed—only that the person endeavored to influence or impede justice.”

 

 


What Does the Supreme Court's Ohio Decision Mean for Voting Rights?

June 14, 2018

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in TIME about Ohio’s process of purging voter rolls. 

 

“There’s a real risk that other secretaries of state will see this as an excuse to kick people off the voting rolls,” Tokaji said. 



Supreme Court upholds Ohio's system of purging voter rolls

June 11, 2018

Featured Expert: Edward B. Foley

Prof. Edward Foley was quoted in the Pittsburgh Post-Gazette about the U.S. Supreme Court's decision to uphold Ohio’s voter-purge law. 

 

“I don’t think there’s any real reason to believe that the drop off is going to be significant,” Foley said. “The Ohio law that was upheld in this case never disenfranchised anybody.”


U.S. Supreme Court upholds Ohio voter purging process

June 11, 2018

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Blade about Ohio’s voter purge law, which was upheld by the U.S. Supreme Court. 

 

“I don’t think there’s any real reason to believe that the drop-off is going to be significant,” Mr. Foley said. “The Ohio law that was upheld in this case never disenfranchised anybody.”

 

 


U.S. Supreme Court upholds Ohio voter purging process

June 11, 2018

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in The Blade about Ohio’s voter purge law, which was upheld by the U.S. Supreme Court. 

 

“The majority of the current Supreme Court is no friend to the right to vote,” Tokaji said. 

 

 


Columbus police officer's discipline case still unsettled after 2 years

June 10, 2018

Featured Expert: Sarah Rudolph Cole

Professor Sarah Cole was quoted in The Columbus Dispatch about the speed in which an arbitrator should issue an opinion after a hearing. 

 

“You would never have two years. You would never have one year. You would never have six months,” Cole said. “One of the reasons you go to arbitration is it’s faster.”



Marijuana efforts gain momentum in states, Congress

June 9, 2018

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in United Press International about Strengthening the Tenth Amendment Through Entrusting States Act, which would give individual states the right to legalize or decriminalize cannabis. 

 

“It’s the least controversial bill that simultaneously allows states to do what they want to do and allow states who oppose it to do what they want to do,” Berman said. 



Supreme Court decision in same-sex wedding cake case could impact Ohio bills

June 8, 2018

Featured Expert: Marc Spindelman

Professor Marc Spindelman was quoted in The Columbus Dispatch about Masterpiece Cakeshop v. Colorado Civil Rights Commission.

 

“The court’s opinion can be taken as sending a signal that even as the court remains committed to marriage equality and equal dignity under the law for LGBT people, that it has not lost sight of the importance of religious freedom and religious expression,” Spindelman said. “Justice Kennedy’s opinion is trying to send a signal that in respecting rights in Obergefell, the court was not declaring any open hostility toward religion.”



The Strangest Thing About Trump’s Approach to Presidential Power

June 7, 2018

Featured Expert: Peter M. Shane

Professor Peter Shane was requoted in The Atlantic about President Donald Trump’s claims that he has an “absolute right” to pardon himself for a crime. It unclear, however, whether Trump has the legal authority to do so.

 

“We overthrew control by a monarchy, and the Constitution signals in multiple places that the president is subject to law,” Shane originally told The New York Times. 



Trump and His Lawyers Embrace a Vision of Vast Executive Power

June 4, 2018

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in The New York Times about President Donald Trump’s claims that he has an “absolute right” to pardon himself for a crime. It unclear, however, whether Trump has the legal authority to do so.

 

“We overthrew control by a monarchy, and the Constitution signals in multiple places that the president is subject to law,” Shane said.

 

 

 


Toledo business owners, leaders react to Supreme Court decision on cakes

June 4, 2018

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in The Blade about a U.S. Supreme Court decision in favor of a Colorado baker who refused to bake a customized wedding cake for a gay couple. According to Shane, the court’s decision signals that business owners won’t necessarily win a case for declining services to same-sex couples on the basis of religious grounds, but that they are entitled to a fair hearing. 

 

“This opinion might be taken as a signal from the LGBT community that the Supreme Court is not abandoning them,” Shane said.



Fired police officers often have edge in arbitration cases

June 3, 2018

Featured Expert: Sarah Rudolph Cole

Professor Sarah Cole was quoted in The Columbus Dispatch about the use of arbitration between the City of Columbus and the Fraternal Order of Police. 

 

“Are they keeping track of this?” Cole said. “If you’re seeing a pattern where you don’t feel like the decisions are going in your favor and they should, you might want to re-think the arbitrator. I would.”



How Trump Has Already Abused His Presidential Pardon Power

May 31, 2018

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in Rolling Stone about President Donald Trump’s decision to pardon Dinesh D’Souza, Joe Arpaio and Scooter Libby. 

 

"If you think of these three pardons as slaps in the face of the rule of law, national security, and fair elections, that's the democracy trifecta," Shane said.


Here’s what is behind Trump’s pardons

May 31, 2018

Featured Expert: Joshua Dressler

Professor Joshua Dressler was quoted in MarketWatch about President Donald Trump’s pardoning power. 

 

“It does seem to me that the president has selected people whose pardons would please the Trump supporters,” Dressler said. “It’s not based upon some sense of rehabilitation or evidence of innocence. It just has a political overtone to it.”


GOP-Appointed Judges Hand Black People Longer Sentences, A New Study Says. And There's More.

May 30, 2018

Featured Expert: Douglas A. Berman

Professor Doug Berman was requoted in Bustle about a new study showing that Republican-appointed judges give longer sentences to black defendants and shorter sentences to women.

 

“It’s an extraordinarily important contribution to our statistical understanding of sentencing decision making in federal courts over the last two decades,” Berman originally told The New York Times. 



Republican-Appointed Judges Treat Black Defendants More Harshly for Some Reason

May 29, 2018

Featured Expert: Douglas A. Berman

Professor Doug Berman was requoted in Splinter about a new study showing that Republican-appointed judges give longer sentences to black defendants and shorter sentences to women. 

 

“It’s an extraordinarily important contribution to our statistical understanding of sentencing decision making in federal courts over the last two decades,” Berman originally told The New York Times



Republican-Appointed Judges Give Black Defendants Longer Sentences. Study Finds

May 29, 2018

Featured Expert: Douglas A. Berman

Professor Doug Berman was requoted in Newsweek about a new study showing that Republican-appointed judges give longer sentences to black defendants and shorter sentences to women. 

 

“It’s an extraordinarily important contribution to our statistical understanding of sentencing decision making in federal courts over the last two decades,” Berman originally told The New York Times



Black Defendants Get Longer Sentences From Republican-Appointed Judges, Study Finds

May 28, 2018

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in The New York Times about a new study showing that Republican-appointed judges give longer sentences to black defendants and shorter sentences to women. 

 

“It’s an extraordinarily important contribution to our statistical understanding of sentencing decision making in federal courts over the last two decades,” Berman said.


 


The Only Way to Find Out If the President Can Be Indicted

May 23, 2018

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in The Atlantic about how to determine whether the president can be indicted while serving in office.

 

Using a government lawyer, Shane suggests, might introduce “a presumption of respect for prior opinions” about the executive branch and shed some light on the issue.   


DNA ancestry site used to track Golden State Killer suspect, but experts say method raises privacy concerns

May 22, 2018

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in Cleveland.com about the use of DNA testing and open-source ancestry websites in criminal investigations. 

 

"It might make sense to set up some laws for testing and disposing DNA," Simmons said. "I'm hoping for some reasonable compromise. This really is something that can be used to solve crimes."



Informants, infiltration and spying: Some definitions in the FBI investigation of team Trump

May 22, 2018

Featured Expert: Dakota S. Rudesill

Professor Dakota Rudesill was quoted in PolitiFact about the differences in meaning between being an informant, infiltration and spying. 

 

Infiltration requires agents to "secretly insert themselves into an organization," Rudesill said. 

 

 


Separating fact from fiction on traffic stops

May 18, 2018

Featured Expert: David A. Goldberger

Professor Emeritus of Law David Goldberger was quoted in The Canton Repository about a recent traffic stop in Canton during which a man told police that he was not required to possess a valid driver’s licence or plates. 

 

“So long as the laws are validly drafted ... the state has the power to require a valid driver’s license and valid license plate for the car,” Goldberger said. “I can’t imagine Ohio laws in regards to driver’s license and license plate requirement were drafted in an improper and sloppy way.”



Trump’s move greatly complicates quest for Mideast peace

May 17, 2018

Featured Expert: John B. Quigley

An op-ed written by Professor John Quigley about President Donald Trump’s decision to withdraw from the Iran nuclear deal was published by the Tribune News Service

 

"Trump’s withdrawal leaves the United States with little leverage to keep Iran away from building nuclear weapons. The day after the withdrawal Trump issued dark threats against Iran should it move in that direction,” Quigley writes. “If our president wants to minimize the chance long-term that Iran will build a nuclear bomb, he might try convincing Israel to make its desert bloom with something less lethal.”



The Downsides of Legalized Sports Gambling

May 15, 2018

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in The Ringer about potential similarities between the commercial marijuana industry and the sports betting industry. Now that the Supreme Court has struck down the Professional and Amateur Sports Protection Act of 1992, states can begin to legalize sports gambling. 

 

“The big folks have an incentive to try to police out or regulate out the small-timers. That’s what we’ve seen a lot in the marijuana space, in legalization states like Colorado, where there’s a lot of regulations that the mom and pop industry struggles to live up to, but that the big-time industry players have no problem with and want enforced rigorously so that they’re the only ones who can reasonably comply and compete in the space,” Berman said. “My instinct is that’s what you’re getting to in the sports betting universe—some big operators are going to emerge, whether that’s the leagues themselves or the leagues’ partnerships with major media companies and the like.”

 

 


 


Columbus has sizeable to-do list for expanded, restructured council

May 12, 2018

Featured Expert: Christopher J. Walker

Professor Chris Walker was quoted in The Columbus Dispatch about upcoming changes to Columbus City Council that stem from a new charter amendment. In the past, city council members have faced criticism for being appointed to their seats and for running for re-election as incumbents. 

 

“You might like the outcomes, but it’s not a process you would think of being representative of the whole city,” Walker said. “It’s really hard to beat an incumbent.”



Ack! Law School Finals. Is There a Better Way?

May 11, 2018

Featured Expert: Ruth Colker

Professor Ruth Colker appeared on Legal Speak, a weekly podcast produced by Law.com, to discuss the “one-and-done” first-year exam model. 


Columbus City Council Will See Some Reforms, But Not For Another Six Years

May 10, 2018

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in WOSU about changes to Columbus City Council that will stem from the passage of Issue 3.

 

“In a city where one political party is dominant, it makes sense to think about the citizen's commission to take it out of the hands of the politicians,” Foley said. “Because if you leave it in the hands of the politicians, it’s hard to get balance between the two parties.”



Trump’s rude awakening as Giuliani makes matters worse for the president

May 8, 2018

Featured Expert: Joshua Dressler

Professor Joshua Dressler was quoted in The National about former New York mayor Rudy Giuliani, who joined President Donald Trump’s legal team.

 

“My own speculation is that he has been for too long a Fox pundit, and as with pundits generally, they don't feel obligated to think about facts rather than simply pushing an agenda,” Dressler said. 



Why it takes so long to get election night results

May 8, 2018

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in Vox about the time it takes to process election night results. 

 

“There is definitely tension and competing considerations between the desire for speed and the advantage of speed on the one hand, versus other factors which do inevitably slow things down,” Foley said. “And there’s no perfect solution to that push-pull or that tension.”



Are Elderly Criminals Punished Differently Than Younger Offenders?

May 8, 2018

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in HowStuffWorks about sentencing guidelines for elderly offenders. 

 

"Ten years for a 70-year-old is different from 10 years for a 40-year-old," Berman said. "There's a significant chance that a 70-year-old may not live through it. [Functionally], even a shorter sentence can become the equivalent of life without parole."



The Ohio Attorney General Is Demanding Answers From The Woman Who Started A Facebook Cabbage Juice Cult

May 2, 2018

Featured Expert: Efthimios Parasidis

Professor Efthimios Parasidis was quoted in BuzzFeed News about an Ohio woman claiming that a drink made from fermented cabbage juice can cure a variety of ailments. She is currently under investigation by the Ohio Attorney General’s Office. 

 

“If there is no legitimate substantiation for the claims she is making, then that opens the door to a lawsuit against her,” Parasidis said. 



Mueller’s questions show that he wants to get Trump to incriminate himself

May 1, 2018

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in Vox about Special Counsel Robert Mueller’s investigation into potential obstruction of justice. 

 

“Mueller already has some evidence, and he already has numerous cooperating witnesses,” Simmons said.



Ohio Begins Training its Medical Marijuana Workforce

April 26, 2018

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in WKSU about efforts to prepare a medical marijuana workforce in Ohio. Berman began teaching a seminar on marijuana law and policy reform several years ago. 

 

“The first time was in fall 2013 and so it was a really exciting moment when no state had actually put forward their actual regulations for a fully legalized marijuana industry," he said. 



Human Trafficking in Ohio

April 24, 2018

Featured Expert: Kimberly Jordan

Professor Kim Jordan appeared on All Sides with Ann Fisher to discuss human trafficking.


To solve the Facebook problem, think big (data)

April 24, 2018

Featured Expert: Dennis Hirsch

An op-ed by Professor Dennis Hirsch about Facebook, Cambridge Analytica and regulating personal data was published in The Hill. 

 

“To protect people in the age of big data, we need more than individual control,” Hirsch writes. “We need substantive rules that spell out which big data practices are acceptable and permissible, and which are not.”



Could This Supreme Court Case Affect Robert Mueller?

April 23, 2018

Featured Expert: Peter M. Shane

An article by Professor Peter Shane about an upcoming Supreme Court decision in the case of Raymond J. Lucia v. Securities and Exchange Commission was published in The Atlantic

 

“Technically, the case of Raymond J. Lucia v. Securities and Exchange Commission, being argued Monday, involves only the arcane question of whether SEC Administrative Law Judges are ‘officers’ or ‘employees’ of the United States,” Shane writes. “The Trump Administration’s handling of the case reveals it, however, to be the latest chapter in a right-wing campaign to weaken independent administrators and to enlarge the power of presidents to bend the bureaucracy to their will. It may be one of the Court’s most important decisions for the future of the rule of law.”



New York’s Double-Jeopardy Loophole

April 19, 2018

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in The Atlantic about New York Attorney General Eric Schneiderman, who asked state legislators to consider closing a loophole so that President Donald Trump and his associates could be tried in New York if they are pardoned under federal law. 

 

“There are a number of exceptions under New York law to the general rule, and what he is simply urging is that there be another exception added,” Shane said. “If a presidential pardon kicks in, then the person obviously would not have been tried twice. They would not have had to face a jury more than once.”


New York state prosecutors could go after Cohen even if Trump pardons him

April 18, 2018

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in Vox about federal investigations into Michael Cohen, President Donald Trump’s lawyer. Cohen could face conviction under New York state law as well. 

 

“So many local law enforcement officers and prosecutor’s offices in New York have expertise in these areas that would be lacking ... in most other states,” Simmons said. 



US-Israel relationship to be forefront of campus event

April 17, 2018

Featured Expert: John B. Quigley

Professor John Quigley was quoted in The Lantern about the US-Israeli relationship, which he will discuss at a campus event sponsored by the Alexander Hamilton Society. 

 

“I think there is coming to be an awareness that the one-sided support we’ve given to Israel is not in our best interest,” Quigley said. “I think there is a good possibility that we will see at some point a shift away from the massive economic aid we give to Israel.”



Skeptics question whether medical marijuana will meet September deadline

April 17, 2018

Featured Expert: Douglas A. Berman

Professor Doug Berman appeared on WSYX6 to discuss whether Ohio’s medical marijuana program will be operational by a September deadline. 

 

"There's been steady progress," Berman said. "There will I believe be some stores open this fall. I think more stores will open progressively and there will definitely take time to get the kinks out."



Without mentioning Mueller, Trump lawyers urge high court to bolster his power to fire executive officials

April 15, 2018

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in the Los Angeles Times about a case set to go before the U.S. Supreme Court involving administrative judges at the Securities and Exchange Commission. Solicitor Gen. Noel Francisco is encouraging the Supreme Court to examine President Donald Trump’s constitutional power to fire any "officers of the United States" who "excercise significant authority."

 

"The solicitor general is obviously trying to goad the court into a broad statement about the removability of all officers of the United States," Shane said. "Were the court to make any such statement, it would surely be cited by Trump as backing any move by him to fire Mueller directly."



Can Donald Trump fire Special Counsel Robert Mueller?

April 12, 2018

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in PolitiFact about the possibility that President Donald Trump could fire Special Counsel Robert Mueller. 

 

"The Supreme Court has stated (outside the special counsel context) that only the government official who appointed an employee has the power to fire that employee," Simmons said. "If Trump's firing is challenged in court (which I imagine it would be), the court would likely grant an injunction that would at least temporarily suspend the firing, which would mean that Mueller could keep working for at least a few months while the litigation progressed.”

 

 

 

 


Firing Mueller and Rosenstein won’t save Trump’s closest allies

April 11, 2018

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in Vox about ongoing work on two separate cases tied to Jared Kushner and Michael Cohen. If President Donald Trump decides to fire Special Counsel Robert Mueller, work on these cases would still continue. 

 

“Technically, either of these two US attorneys in New York could be fired as well,” Simmons said.“But firing them in response to investigations into Trump’s lawyer and son-in-law would look almost as bad as firing the special counsel.” 


Sinclair Broadcasting Group likely to expand reach in Ohio

April 11, 2018

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in The Lantern about Sinclair Broadcasting Group and the company’s plans to merge with Tribune Media. 

 

“It is clear that the majority of the FCC currently is less anxious about media consolidation than some predecessor versions of the agency,” Shane said.



Friday round-up

March 30, 2018

Featured Expert: Edward B. Foley

A blog post written by Professor Edward Foley for ElectionLaw@Moritz about the U.S. Supreme Court case Benisek v. Lamone was requoted in SCOTUSblog. 

 

“[There] are reasons to be skeptical, at least early in the stages of the intellectual inquiry, that there would be a single ‘grand unified theory of partisan gerrymandering’ under the U.S. Constitution,” Foley writes. 



Monday round-up

March 26, 2018

Featured Expert: Edward B. Foley

An essay written by Professor Edward Foley for Election Law Blog about Benisek v. Lamone was requoted in SCOTUSblog. 

 

“Without prejudging the merits of the issue … the opinion of the Court (or for one or more Justices) in Benisek could invite the development of arguments on whether Article I, or specifically its Elections Clause, requires different analysis than the Fourteenth Amendment (including its incorporation of the First Amendment),” Foley writes. 



White House could be blowing smoke with plan to cut nicotine in cigarettes

March 23, 2018

Featured Expert: Micah Berman

Professor Micah Berman spoke to the Los Angeles Times about an announcement from the Food and Drug Administration that the agency is considering a plan to reduce nicotine in cigarettes. 

 

 

"The strong statements from Commissioner Gottlieb are a very encouraging sign, but such a strong regulatory move would go against the overall anti-regulatory tone of the Trump administration," Berman said. 



Friday round-up

March 23, 2018

Featured Expert: Edward B. Foley

An essay written by Professor Edward Foley for Election Law Blog was requoted in SCOTUSblog

 

“[Extreme] gerrymandering of the kind that systematically frustrates the ability of changing voter preferences to unseat incumbents does contravene this fundamental principle of popular sovereignty (and statistics can distinguish these extreme gerrymanders from districts based on valid geographical considerations),” Foley writes. 



'Right to Try' Bill Passes House

March 22, 2018

Featured Expert: Efthimios Parasidis

Professor Efthimios Parasidis was quoted in U.S. News & World Report about the federal Right to Try bill that was passed by the House of Representatives. The bill would lessen restrictions against terminally ill patients in search of experimental medical treatment.

 

"State right-to-try laws are unconstitutional insofar as they override the FDA's federally defined role in the drug review and approval process," Parasidis said. "The federal right to try law aims to strip away the FDA's role as an independent gatekeeper for access to experimental drugs. Taking the FDA out of the review process creates massive concerns, and puts the lives of patients into the hands of for-profit drug companies."



Situating PTAB Adjudication Within the New World of Agency Adjudication

March 22, 2018

Featured Expert: Christopher J. Walker

A post co-authored by Professor Chris Walker and Melissa F. Wasserman, a professor at the University of Texas School of Law, about their forthcoming article in the California Law Review was featured on the blog, Patently-O.

 

“In 2011, Congress created a series of novel proceedings for private parties to challenge issued patents before the newly formed Patent Trial and Appeal Board (PTAB),” they write. “While the PTAB proceedings are immensely popular, they have also been controversial.”



The Biggest Names In Democratic Politics Are Just Straight-Up Calling For Legalized Marijuana

March 22, 2018

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in BuzzFeed News about how Democrats are increasingly calling for marijuana legalization as they push for criminal justice reform. 

 

Legalization can be an “awfully easy sell politically,” Berman said. “It can allow advocates to say, we’re not trying to let out the murderers and the rapists. We’re talking about folks who pose no real threat.”

 

 


Prosecutors can seek death penalty for drug kingpins, Sessions says in directive

March 21, 2018

Featured Expert: Douglas A. Berman

A post written by Professor Doug Berman for his blog, Sentencing Law and Policy was requoted in ABA Journal.

 

“The big practical question that follows, of course, is whether and when more federal capital prosecutions will be forthcoming and in what kinds of cases,” Berman wrote, in response to a memo from Attorney General Jeff Sessions that directs federal prosecutors to seek the death penalty against drug traffickers. 



A Lack Of Precedent In Wisconsin's Special Elections Lawsuit

March 20, 2018

Featured Expert: Steven F. Huefner

Professor Steve Huefner was quoted in WisContext about special-elections lawsuits.

 

"The number of such suits is still relatively small, and it’s hard to generalize because the standards for calling special elections can vary from state to state and from office to office," Huefner said. 



The ‘Scourge’ Of Opioid Addiction, And President Trump’s Plan To Fix It

March 20, 2018

Featured Expert: Douglas A. Berman

Professor Doug Berman appeared on WBUR to discuss President Donald Trump’s proposal to curb to the opioid crisis, which includes making drug dealers eligible for the death penalty. 

 

 


Trump Wants to See Death Penalties for Drug Traffickers

March 20, 2018

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in Complex about President Donald Trump’s proposal to curb the opioid epidemic, which includes making drug traffickers eligible for the death penalty. 

 

"The death penalty is uncertain as a constitutionally permissible punishment without that connection to an intentional killing," Berman said. 



Legal Fees Mount As Ohio Defends Abortion Laws

March 19, 2018

Featured Expert: Marc Spindelman

Professor Mark Spindelman was quoted in the Statehouse News Bureau about Ohio’s newest abortion law, which bans abortion if a fetus is diagnosed with Down syndrome. A federal judge granted a preliminary injunction against the law last week. 

 

"The Supreme Court's abortion rules give pregnant women the right to terminate unwanted pregnancies for whatever reason they choose,” Spindelman said. “The state can, in some ways, seek to influence that decision, but the final decision belongs to the pregnant woman. For the state to take the decision away from her, for the state to make the decision for her, as SB 164 does, is unconstitutional."


 


President Trump's New Opioid Plan Includes the Death Penalty for Drug Traffickers

March 19, 2018

Featured Expert: Douglas A. Berman

Professor Doug Berman was mentioned in The Associated Press about President Donald Trump’s proposal to curb the national opioid epidemic, which includes making drug dealers eligible for the death penalty. 

 

It’s not clear whether imposing death sentences for drug dealers is constitutional, Beman said, and the issue would need to be resolved by the U.S. Supreme Court. 


Despite Ohio's medical marijuana industry's rocky start, job excitement grows

March 18, 2018

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in Cleveland.com about Ohio’s burgeoning medical marijuana industry. Dispensary training seminars offered by companies like HempStaff are selling out in cities across the country, but Berman cautions that the number of grow facilities in Ohio is limited. 

 

"It's not like it's a field like real estate where there's a lot more opportunity. Right now there's only going to be 60 dispensaries that are going to be open. That puts a cap on growth, at least at the beginning ... Nobody says there can only be 60 restaurants," Berman said.



‘Lack of candor’: Reason for firing McCabe one of most serious in FBI

March 18, 2018

Featured Expert: David Stebenne

Professor David Stebenne was quoted in The Washington Times about the firing of former FBI Deputy Director Andrew McCabe. According to an inspector general's report, McCabe showed lack of candor throughout his tenure, including while under oath. If the report about McCabe is released, the public could better assess the accusations against him, Stebenne said. 

 

“If the internal investigation proves he did something wrong and was terminated for cause, I think the political aspects stay in the background,” Stebenne said. “But if he is exonerated, I don’t know how that would play out. I imagine all the political aspects would come back to the forefront.”


Sessions Attacks ‘Activist Judges’ Over Sanctuary Cities and DACA Blocks

March 11, 2018

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in Newsweek about U.S. Attorney General Jeff Sessions’ criticism of federal judges for issuing injunctions against certain Trump administration policies. Sessions referred to them as “activist judges.”

 

“There’s an old joke: A judicial activist is one who issues a decision you don’t like,” Shane said. “Calling someone a judicial activist is a tradition virtually as old as the country.”



Possible Changes to Americans with Disabilites Act

March 9, 2018

Featured Expert: Ruth Colker

Professor Ruth Colker appeared on WOSU to discuss the ADA Education and Reform Act, which would extend the amount of time someone could sue a business for inadequate accommodations. 


Ohio bill would protect employees who decline to get flu shots

March 7, 2018

Featured Expert: Efthimios Parasidis

Professor Efthimios Parasidis appeared on 10TV News to discuss House Bill 193, which would prevent an employer from taking action against an employee who has not been vaccinated against the flu. 


LSAT-Maker Held In Contempt Over Disability Accommodations

March 7, 2018

Featured Expert: Ruth Colker

Professor Ruth Colker was quoted in The Recorder about a federal ruling which held the Law School Admission Council in civil contempt for violating a court order meant to accommodate disabled test takers on the Law School Admission Test.

 

“I hope this decision causes [the council] to take seriously its obligation to accommodate testing applicants with disabilities and end its egregious practices of directly defying the clear rules contained in both the Consent Decree and Best Practices Report,” Colker said. “As an entity overseeing the admission of students to law school, I would hope that [the council] would conduct itself with the highest standards of ethics and integrity.”

 

 


New Districts In 2018 Unlikely As SCOTUS Continues To Weigh Wisconsin Gerrymandering Lawsuit

March 5, 2018

Featured Expert: Edward B. Foley

Professor Edward Foley appeared on Wisconsin Public Radio to discuss Gill v. Whitford, a landmark redistricting lawsuit before the U.S. Supreme Court. 

 

“Even if they're victorious … I think the 2018 elections will be on the old maps," Foley said. 



How The FBI Has Come Into And Out Of Political Favor

February 28, 2018

Featured Expert: David Stebenne

Professor David Stebenne appeared on KJZZ to discuss how attitudes toward the FBI have shifted over time among Democrats and the GOP.


The U.S. Supreme Court Hears Arguments That Could Curtail Public-Employee Unions

February 26, 2018

Featured Expert: L. Camille Hébert

Professor Camille Hébert was quoted in WKSU about about Janus v. AFSCME, a right-to-work case set to go before the U.S. Supreme Court today. 

 

“This is changing law that has been established law for 41 years,” Hébert said. 


New Tax Law Could Spur Swap Meet for Used Business Equipment

February 24, 2018

Featured Expert: Ari Glogower

Professor Ari Glogower was quoted in The Wall Street Journal about the new tax law, which allows businesses to claim a 100 percent deduction when they purchase equipment and other assets that have been written off by previous owners, like used airplanes. 

 

“It seems like another of these things that will be industry-specific and it will be relatively easy in some cases based on the idiosyncratic character of certain industries and might be harder or impossible in others,” Glogower said. 


Ohio Union Leader: SCOTUS Right-To-Work Decision Could Impact Classrooms

February 23, 2018

Featured Expert: L. Camille Hébert

Professor L. Camille Hébert was quoted in WYSO about Janus v. AFSCME, a right-to-work case set to go before the U.S. Supreme Court on Monday. 

 

“This is changing law that has been established law for 41 years,” Hébert said.



Trump budget would end agency that resolves differences in a time of deep division

February 23, 2018

An op-ed written by Grande Lum about the Community Relations Service (CRS) was published in The Hill.

 

“Closing CRS would be an absolute tragedy—at a time when the FBI and others have reported an increase in hate incidents, particularly anti-Muslim hate crimes, and at a time of a resurgence of clashes involving white supremacists, including the Charlottesville tragedy,” Lum writes. “The proposed elimination of CRS is a harbinger of the devaluation of bridge-builders, those who would bring people together rather than tear them apart." 



Kazakhstan's frozen billions sound alarm for sovereign funds

February 20, 2018

Featured Expert: Paul Rose

Professor Paul Rose was quoted in Reuters about an order from a Belgian court to freeze $22.6 billion of assets held in trust for a Kazakhstan sovereign wealth fund (SWF). 

 

 

“This is a dangerous and worrisome precedent for other funds,” Rose said. “Lots of funds will be looking very carefully at the outcome of this case and wondering whether their assets can be frozen.”



Suspect accused of killing Westerville police officers to appear in court on Tuesday

February 19, 2018

Featured Expert: Ric Simmons

Professor Ric Simmons was quoted in NBC4 about the man accused of shooting and killing Officers Eric Joering and Anthony Morelli in Westerville, Ohio. The suspect, Quentin Smith, is charged with two counts of aggravated murder. According to Simmons, aggravated murder charges will allow the prosecution to seek the death penalty. 

 

 

“It’s a statutory provision that bumps up a sort of standard murder into a more severe crime,” Simmons said


Why pregnant Sen. Tammy Duckworth won’t be able to take maternity leave

February 15, 2018

Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in Yahoo Lifestyle about Sen. Tammy Duckworth (D-Ill.) who will become the first sitting senator to give birth in office. Duckworth won’t take a maternity leave after she gives birth, as she won’t be permitted to sponsor legislation or to vote during her leave. 

 

 

“Senators are not supposed to ask for leave except for pretty intense circumstances,” Huefner said. “They’re expected to be there whenever the Senate is in session


Lawsuit claims federal marijuana ban is unconstitutional

February 15, 2018

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in Texas Standard about a federal lawsuit seeking to overturn the government’s ban on marijuana. Several plaintiffs in the case use marijuana to help relieve symptoms of PTSD and other severe medical conditions. 

 

“Big pharmaceutical companies and others feel restrained, and are unwilling to…go through the regulations that are required to even start studying how to develop more medicines using the compounds in marijuana,” Berman said.



The Justice Department Wants To Get Rid Of A Civil Rights–Era "Peacemaker" Office

February 12, 2018

Grande Lum, director of the Divided Community Project, was quoted in BuzzFeed News about a budget proposal from the Justice Department that would eliminate funding for the Community Relations Service, which was established following the Civil Rights Act to act as a “peacemaker” in communities experiencing racial tensions and hate crimes. Lum headed the Community Relations Service for four years, from 2012 to 2016. 

 

"We are at a time when there’s increased division in communities throughout this country, so this is a time to increase [funding], not to eliminate it," Lum said. "They worked closely with Martin Luther King and other civil rights leaders to help create positive, constructive outcomes and it would be really frustrating if that were shuttered forever.”


Zinke met Israeli energy boss who called Arabs a 'cancer'

February 9, 2018

Featured Expert: John B. Quigley

Professor John Quigley was quoted in E&E News about a meeting between Interior Secretary Ryan Zinke and Efraim “Effie” Eitam, a far-right former Israeli politician who also runs an oil and gas company that may be violating international law and U.S. policy, according to experts. 

 

"You have someone who is engaged in action that is illegal and by meeting with [Eitam] it seems to be giving some credibility to what they're doing," Quigley said.


The inside story on Ohio’s redistricting deal

February 7, 2018

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in The Columbus Dispatch about partisan congressional redistricting in Ohio. 

 

 

"I can’t think of anywhere where we’ve had a situation like we’ve had here for the past couple of years,” Tokai said. “People in Ohio’s state legislature recognize there’s a serious problem.”



 


Fluctuating immigration legislation brings changes to Ohio State courses

February 5, 2018

Adjunct professor Amy Bittner was quoted in The Lantern about the evolving nature of the immigration courses offered at The Ohio State University.

 

“Immigration has always been a changing animal. I mean, the laws don’t change very much themselves because Congress hasn’t made an agreement for any legislative change,” Bittner said. “So what really changes with immigration is the enforcement of the laws, and that’s up to the discretion of the executive, basically the president.”


The Johnson Amendment and Religious Freedom of Speech

February 1, 2018

Featured Expert: David Stebenne

An article by Professor David Stebenne about the Johnson Amendment was published in Columbus Bar Lawyers Quarterly

 

 

"What Donald Trump appears to want, above all, is to restore the central place of religion in the public sphere, which has seen less of it in recent decades," Stebenne writes. "Finding broadly acceptable ways of accomplishing that goal remains, however, a daunting challenge for him and his supporters."

 

 


Pelosi calls for the removal of House intelligence chairman Nunes over FISA abuse memo

February 1, 2018

Featured Expert: David Stebenne

Professor David Stebenne was quoted in The Washington Times about the history of clashes between presidential administrations and the FBI. 

 

“Fights between a president and the FBI have occurred before, but the public aspect is very new,” Stebenne said. 



Jon Husted's simple idea for a gerrymandering fix; would it work? - Out of Line: Impact 2017 and Beyond

January 30, 2018

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in Cleveland.com about Secretary of State Jon Husted’s suggestions to reform Ohio’s gerrymandered congressional districts. 

 

"You want fairness. In a 50-50 state, you don't want one party controlling 12 districts, and the other party four," Tokaji said. "You don't need all of them to be competitive, but you want some competitive so if there is a change in sentiment, there is a level of accountability."

 

 


Battle over legal marijuana: a monumental moment for states’ rights

January 19, 2018

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in The Christian Science Monitor about U.S. Attorney Jeff Sessions’ decision to rescind the Cole Memorandum, which mandated that the Justice Department make prosecuting businesses and organizations in compliance with state marijuana laws a low priority. 

 

 

“Until last week, a venture capital investor could say, ‘Hey, all of the momentum is on the side of more and more [marijuana] markets opening,’ but now their business lawyer has to say, ‘It looks like the federal government is going to muck up the works–rocky times ahead,’” Berman said. “Now that the federal government shows it is committed to enforcing prohibition, it is all the more reason [for them] to take a slow approach.”



Can Steve Bannon get away with not answering congressional questioning about Russia?

January 19, 2018

Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in Salon about Steve Bannon’s testimony before Congress regarding possible collusion between the Trump administration and Russia, which he kept intentionally vague. 

 

“I don’t know if it would be unprecedented but it would certainly be very unusual for a congressional committee to say ‘well they might claim executive privilege someday so that's enough for us,’” Shane said. “If members of these committees have allegiance to the powers of the legislative branch, they should not allow these vague claims of privilege to be claimed, they should insist on it formally,” Shane said. “For better or worse, we seem to have separation of parties instead of separation of powers.”



Surprise Findings on Laptop Use in Law School Classrooms

January 19, 2018

Featured Expert: Ruth Colker

Professor Ruth Colker was quoted in Law.com about her article in the Cardozo Law Review, “Universal Design: Stop Banning Laptops!” According to Colker’s findings, laptop users in her constitutional law class earned similar grades to students who chose not to use computers. Professors should let their students decide whether or not they want to use laptops in class, she said. 

 

 

“I’m reluctant to make a choice for my students for all sorts of reasons,” Colker said. “The data suggests that students seem to make the right choice for themselves.”



Law Schools Under the Microscope

January 16, 2018

Featured Expert: Deborah Jones Merritt

Professor Deborah Merritt was quoted in Inside Higher Ed about the relationship between ABA accreditation, the issue of law schools admitting students who are not likely to succeed, and lower bar exam passage rates. 

 

“You start with an exam that I would say is flawed,” Jones said. “And then, does it make any sense to tie accreditation to that exam? As much as I don’t like the exam, I think it does, because most people who go to law school want to become lawyers.”



Is Partisan Gerrymandering Legal? Why the Courts Are Divided.

January 11, 2018

Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The New York Times about the use of historical research and social science to measure the impact of partisan gerrymandering. 

 

“We don’t know what will carry the day,” Foley said. “But it might be that Chief Justice Roberts and Justice Alito will be able to make peace with new jurisprudence because of some of these newer arguments.”



Prison population dropped slightly in 2016, the Bureau of Justice Statistics says

January 10, 2018

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in The Washington Times about data from the Bureau of Justice Statistics showing that the federal and state prison population dropped for the the third straight year in 2016. Efforts by the Obama administration to reduce the number of non-violent drug offenders in jail are partially responsible for the decline. 

 

“A large chunk of this story is at the federal level and the state story is reflective of those same sorts of concerns,” Berman said. “We’ve seen drug sentencing reforms across the country and that is one of the most high-quantity types of cases that can contribute to this reduction.”


Ohio's Voter Purge

January 10, 2018

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji appeared on WOSU to discuss Ohio’s voter purge policy and the U.S. Supreme Court case Husted v. A. Philip Randolph Institute. He is one of the attorneys for the plaintiff.


Mayor and Army vet challenges Ohio voter purge process

January 9, 2018

Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in The News-Herald about Ohio’s voter purge policy and the U.S. Supreme Court case Husted v. A. Philip Randolph Institute. He is one of the attorneys for the plaintiff.

 

“This law was enacted in the face of overwhelming evidence that restrictions on registration have a direct impact on who votes and who doesn’t,” Tokaji said. “There are many people, thousands of people, who don’t vote in every federal election cycle, even in every presidential election. Under federal law, not voting isn’t sufficient to get you purged from the rolls and denied the right to vote.”



Is This the End of Legal Medical Marijuana, Too?

January 5, 2018

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in The Atlantic about the new federal marijuana enforcement policy announced by U.S. Attorney General Jeff Sessions and its potential effects on medical marijuana nationwide.

 

“[A]n effort even to take a scalpel to the industry might nick the more responsible players,” he said. 



What does Jeff Sessions' new marijuana policy mean for Ohio?

January 4, 2018

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in Cleveland.com about the future of legalized marijuana in Ohio following a new federal policy announced by U.S. Attorney General Jeff Sessions.

"One of the numerous reasons I've always thought Ohio and medical marijuana regimes are relatively safe is Congress has included in every spending bill language that says the DOJ can't use any resources to interfere with state medical marijuana programs, and that's been interpreted to mean you can't bring a prosecution," Berman said.
 


Justice Department Rescinds Obama-era Marijuana Guidance

January 4, 2018

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in Route Fifty about the future of legalized marijuana across the country following a new federal policy announced by U.S. Attorney General Jeff Sessions.
 
"That still should worry an awful lot of the industry that arguably could be called 'brazen' in their confidence," Berman said. "But I doubt we're going to be seeing even hundreds, let alone thousands, of new prosecutions in federal court for marijuana offenses.”
 


Trump Administration marijuana changes could affect Ohio medical marijuana

January 4, 2018

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in WSYX ABC 6 about the future of legalized marijuana in Ohio following a new federal policy announced by U.S. Attorney General Jeff Sessions.
 
"We've always had this uncertain, almost schizophrenic approach where we have literally states authorizing what qualifies as federal drug dealing,” Berman said. “I don't think the medical marijuana states are going to be the first frontier. I definitely think that anybody working in this industry, medical or recreational, has a new set of worries. It's designed to kind of send a shot over the bow to the industry. 'Don't assume we're not going to be keeping an eye on you by continuing to enforce federal prohibition.'"
 


What Federal Changes Mean To Ohio's Medical Marijuana Program

January 4, 2018

Featured Expert: Douglas A. Berman

Professor Doug Berman appeared on Statehouse News Bureau to discuss the future of legalized marijuana following a new federal policy announced by U.S. Attorney General Jeff Sessions.

“It’s my sense there are a number of the Attorney General’s own party, the GOP, that are troubled by the possibility of widespread prosecutions and I think that would be particularly strong and forceful in the context of medical marijuana,” Berman said.
 


What does Jeff Sessions' new marijuana policy mean for Ohio?

January 4, 2018

Featured Expert: Douglas A. Berman

Professor Doug Berman was quoted in Cleveland.com about the new federal marijuana enforcement policy announced by U.S. Attorney General Jeff Sessions. Ohio’s own medical marijuana program is unlikely to be immediately affected.

 

"One of the numerous reasons I've always thought Ohio and medical marijuana regimes are relatively safe is Congress has included in every spending bill language that says the DOJ can't use any resources to interfere with state medical marijuana programs, and that's been interpreted to mean you can't bring a prosecution," Berman said.