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Richard
Bonnie was quoted in a Jan. 7
Washington Post article about a new report suggesting
that a man charged with killing an 8-year-old
boy may be competent to stand trial, contradicting
earlier evaluations. Although second opinions
are common in medicine, Bonnie noted that "the
experts usually agree" on
competency issues. In a Jan. 24 Philadelphia
Inquirer story about proposals to require parolees
to use naltrexone, a drug that blocks the effect
of opiates such as heroin and OxyContin, Bonnie
noted that there was no legal reason not to make
it a condition of parole or probation. "The
important thing is that offenders have a choice," he
said, "even
if the alternative is jail." Bonnie commented
on adults' role in encouraging underage drinking
in the Feb. 20 New York Times. "It's clear
that even though adults are aware of the issues of
under-age drinking on a certain level, they are not
aware of its magnitude and its seriousness," he
said. "This
is an endemic problem."
Rosa
Brooks appeared on the Fox News Network's
O'Reilly Factor on Feb. 18, discussing a new
ACLU report on prisoner torture and abuse by U.S.
military personnel. "Any
abuses committed by U.S. troops or any other U.S.
personnel hurt us because they help the cause of
terrorist recruitment, and they make us look bad," she
said. "Let's be clear that any of these abuses
that are occurring are not just violations of some
kind of international law. They are federal crimes
under the War Crimes Act."
Risa
Goluboff was quoted in a Jan. 12
Cincinnati Enquirer article about the small percentage
of civil rights cases that are actually prosecuted,
due in part to the requirement of proof that suspects "willfully
intended" to deprive their victims of constitutionally
protected rights. "You have to prove the person's
state of mind," she said. "It's pretty
difficult to do."
In a Feb. 25 Washington Post story about a court
ruling that a federal prosecutor could not compel
production of reporters' telephone records, John
Harrison noted that the decision's stance
stressing reporters' rights over prosecutors' powers "is
the minority position" among
most judges. "The more common position is there's
nothing special about reporters," he said.
A.
E. Dick Howard discussed Jerry Falwell's
new faith-based law school in the Jan. 16 Richmond
Times-Dispatch, saying "We
have a couple of hundred law schools and I think
it's healthy and useful that you look at law from
a religious perspective. It enlarges the dialogue.
It tests the secular assumptions on which most of
our law schools operate." In the Jan. 27
New York Sun, Howard noted that potential Supreme
Court nominee J. Harvie Wilkinson "is conservative,
but most people would say he is more moderately conservative.
It would not surprise me to see him voting with and
reasoning along the lines of O'Connor and Kennedy,
as opposed to Scalia and Thomas." In a Feb.
12 Associated Press story on the proposed amendment
to the Virginia Statute for Religious Freedom to
allow prayer and proselytizing in any public venue,
including classrooms, Howard said "There seems
to be a crescendo of trying to solve every social
problem by amending something into the constitution.
I am very uncomfortable with that. What you do when
you put it in the constitution is you elevate it
beyond the course of normal political life." He
commented further on the amendment in the Feb. 17
Washington Post, saying that Jefferson worked the
language very carefully and may not have approved
of the proposed changes. "He thought government
and religion occupied separate spheres and one ought
not to interfere with the other," he said.
Douglas
Leslie was quoted in a Feb. 17
Cox News Service story about the possible use of
replacement players by the National Hockey League. "They
could now, I think, consistent with the labor laws,
start hiring replacement players and put on a hockey
season," he
said. He added that the 24 U.S.-based teams would
have no problem using foreign players as replacement
workers, but that provincial labor laws favoring
unions could greatly complicate matters for the six
Canadian NHL teams.
In a Jan. 12 Voice of America story about a
court decision stripping a man of his U.S. citizenship
because of crimes he committed while his naturalization
paperwork was being processed, David
Martin said
that the case gives government prosecutors more ammunition
in their prosecution of criminals, but that de-naturalization
cases are extremely complex and will only affect
a very small portion of the migrant population. "For
the government, the burden of proof is very difficult
by design," he said. "The Supreme Court
has held that the Constitution requires the government
to carry a heavy burden of proof if they are going
to take away citizenship." In a Jan. 12 Miami
Herald story about the same case, Martin said he
did not think the government would have the inclination
or resources to go after every allegation of bad
moral character.
John
Norton Moore was quoted in a Jan.
24 Bergen County, N.J. Record article about lawsuits
against charities, banks or governments that fund
terrorism—lawsuits designed not just to win money
for their clients but to bankrupt terrorism. "I
believe this has some of the greatest potential
of virtually any of the tools we're looking at
to add very serious deterrence to terrorists," he
said.
Jeffrey
O'Connell was quoted in a Jan. 8
National Journal article about congressional efforts
to pass a medical-malpractice liability law that
caps non-economic damage awards for plaintiffs.
The article examined a California law with a $250,000
limit in damages for pain, suffering, emotional
distress, or mental anguish. "It seems
quite clear that the premium rises in California
have been less than in other states," he said. "But
it's been at a real cost to injured claimants. With
caps, you're weighing in on one side and not the
other." In a Jan. 29 National Journal article
on tort reform, O'Connell said, "This seems
to me to miss a great opportunity to change this
very wasteful system and pay people who really need
it relatively promptly for real losses." The
article explained O'Connell's early-offer proposal,
under which a doctor or other tort defendant could
limit the risk of a huge pain-and-suffering award
by offering at the outset to reimburse the plaintiff
for any otherwise uncompensated medical costs and
lost wages.
Robert
O'Neil was quoted in a Jan. 23 Madison,
Wis. Capital Times article about the University
of Wisconsin's race-based grants. "I agree
that a race-conscious policy ought not be permanent," he
said. "On
the other hand, I don't think the time has come yet
for ending it. There's still a severe under-representation
of qualified non-white students due to a variety
of circumstances not of their own making. At least
for now, that requires some explicit recognition
of race as the factor which has caused that gap." O'Neil
discussed the state of academic freedom on the Feb.
9 NPR program Talk of the Nation. "In my
view, the role of higher education is to challenge
students and to take views that they may have brought
from home or their communities and put those views
to the test," he said. "You don't disparage
a student's view, you don't humiliate a student,
you don't exploit students, but simply challenging
them and forcing them to see things differently.
That's really what higher education is all about." In
a Feb. 11 Associated Press story about academic
freedom, O'Neil noted that challenges to American
professors today are mild compared with the attacks
academics suffered during the anti-Communist investigations
in the 1950s, "when people were so fearful they
didn't speak out."
In a Jan. 9 Fredericksburg Free Lance-Star article
about a 2004 Virginia law that limits the ability
of same-sex couples to secure legal recognition of
their relationships, Daniel
Ortiz said the law's
failure to restrict its focus to privileges and obligations
exclusive to marriage could prohibit arrangements
such as medical directives and business partnerships
between any family members of the same gender. "I
don't think [the bill sponsor] wanted to start gumming
up the way traditional families handle their affairs.
But in the interest of reaching every possible thing
that could dignify a same-sex relationship, I don't
think he was aware of how broad a brush he was painting
with." Ortiz also commented in a Jan. 26 Associated
Press story about a proposed Virginia constitutional
ban on gay marriage, saying a provision barring the
state or its localities from recognizing any arrangements
that approximate the legal privileges of marriage
could preclude the General Assembly from enacting
a law to allow civil partners to receive insurance
benefits.
A Feb. 7 Daily Progress article about a read-in
promoting African-American heritage reported that
Mildred
Robinson read from her late husband Armstead's
book "Bitter
Fruits of Bondage," about the fall of the South
during the Civil War. "What you write may have
a historical significance," she told the audience.
A Jan. 19 San Francisco Recorder story about
fund-raising efforts by the new dean of UC Berkeley's
Boalt School of Law quoted Robert
Scott on the financial
freedom U.Va. had achieved by reliance on its nonprofit
foundation and tuition increases. "There was
a little resistance" to
higher tuition, he said. "But when there's no
state support, there's no justification for low tuition.
The students understood."
In a San Jose Mercury News story about the possibility
of the Oakland A's moving to San Jose, G.
Edward White explained the history of baseball's territorial
protection, saying "It was understood somebody
wouldn't come into an area and compete." But
he noted that the territorial principle "isn't
a rule of law, it isn't a response to a legal decision,
it's just a practice, so changes from the practice,
exceptions from the practice, could always be negotiated
by owners and people seeking to become owners."
Timothy
Wu was quoted in a Jan. 20 Toronto
Globe and Mail article about the effects of wireless
high-speed Internet access on the traditional telephone
and cable industries. "The long story of telecommunications
evolution is better technology somehow getting to
the users and slowly replacing the other," he
said. "That's how it happens."
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