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Richard
Bonnie discussed the insanity plea
in the March 12 Quincy, MA, Patriot Ledger,
saying that it "is
always an uphill battle for the defense in a contested
case. We all have a natural skepticism about claims
of non-responsibility." In the March 12
Richmond Times-Dispatch, Bonnie discussed the low
fees that Virginia pays court-appointed lawyers and
noted that lawsuits filed in other states have argued
that inadequate compensation and unreasonable caseloads
can cause the quality of legal representation to
fall below the constitutional standard for effective
assistance of counsel.
Rosa
Brooks appeared on the Fox News Network's
March 16 O'Reilly Factor to discuss a New York
Times report about deaths of Afghan and Iraqi prisoners
in U.S. custody. Responding to comments that reports
of possible criminal homicides were made by disgruntled
individuals, she said "If that's the case,
it's beginning to seem like there are a lot of
disgruntled folks in the military, and, frankly,
I don't blame military people if they are disgruntled
because the prisoner abuse scandal has been badly
mishandled by the U.S. government. It's undermining
our efforts on the war on terror." She went
on: "I don't think
anybody's accusing the U.S. of sanctioning murder.
The point is to be open about it—to punish them
if they did this, and to put into place whatever
mechanisms we need to have to prevent this in the
future."
Ruth
Buck and Margaret
Foster Riley were both featured
in an April 11 U.S. News & World Report story
on legal writing instruction. Buck said that the
legal research and writing program teaches analysis
and argument skills more than the fundamentals of
good writing. She noted that instructors work hard
on writing skills when they give students individual
feedback, but that good writing is best learned through
years-long mentorships with senior lawyers. The article
quoted Riley's comments to her class, including the
admonition that "If you think you're really
sounding like a lawyer, you're probably doing something
wrong."
George
Cohen's work was quoted in a March
24 Wall Street Journal article on a malpractice
lawsuit against class-action lawyers. "We
agree with those who argue that lawyer abuse in
class actions is rampant and that the current system
. . . is set up to shield lawyers from the consequences
of their misdeeds," Cohen
and co-author Susan Koniak wrote in the Virginia
Law Review. Instead of restricting class actions,
which "risks
leaving too much corporate and government misconduct
undeterred," they argued, "Our answer to
class-action abuse is, ‘Sue the bastards.' "
Michael
Dooley discussed the effect of the
Sears-KMart merger on the March 23 edition
of Minnesota Public Radio's Marketplace. He noted
that Sears-authorized dealers won't have much contract
protection under the merger, but that the company's
reputation may work in their favor. "Sears
has made its living from its founding in the old
Sears catalog at identifying with the values of
middle America," he
said, "and
I am quite sure that the one thing Sears doesn't
want is to come out of this looking like an ogre."
Thomas
Hafemeister was quoted in a March
3 Washington Post story about the use of hypnosis
evidence in a Virginia criminal case. "Usually
you have better evidence than that," he said. "It
could be so prejudicial. The witnesses are likely,
as a result of hypnosis, to be more certain about
what happened, and they could be more confident and
persuasive." In an April 10 Associated Press
story about the use of an insanity plea in a highway
sniper case, Hafemeister noted that the plea is used
in fewer than one percent of felony cases and rarely
succeeds. Those who try it and fail tend to get longer
sentences than those who just plead innocent, he
said, while those who win tend to spend twice as
much time hospitalized as they would have spent in
prison if convicted.
A.
E. Dick Howard appeared on a March
7 Voice of America Focus Report about the judicial
branch, saying that the current Supreme Court has
been just as activist as previous courts. "The
present court—the Rehnquist court—is a more
conservative tribunal," he
noted. "But there's no particular sign that
the Rehnquist court has made any particular effort
to cut back on the sweep and breadth of the kinds
of cases that they decide. Judicial activism is clearly
being used by conservatives on the court as it was
used by liberals on the court in an earlier generation." Howard
was quoted in a March 14 Washington Post article
about Kenneth Starr's work on behalf of a death row
inmate. He noted that Starr "is one of the most
seasoned lawyers at the Washington bar," and
for a defendant without resources, "if you catch
the eye of someone of that stature, it immensely
improves your chances." Howard discussed the
nature of modern oral argument in a March 28
New Yorker article about Justice Antonin Scalia. "In
the eighties, there were three or four Justices who
were content to sit back and let the advocate make
his argument," he
said. "Now it's like eight professors who all
think they're going to ask the question that probes
the deepest. They don't care about the architecture
of an argument; they go straight to the issue they
care about. They're using the lawyers as postmen
to carry messages down the bench, and the result
is often cacophony."
Michael
Klarman discussed his recent Bancroft
Prize for "From Jim Crow to Civil Rights" in an
April 18 History News Network interview. "A
lot of the project really emerged out of one of
the classes I began teaching around 1991—a course
on Constitutional History from Reconstruction to
Brown," he said. "Many
of the ideas from that course ultimately found their
way into the book. People sometimes talk of the synergy
between teaching and scholarship, and I consider
myself very fortunate to have found that to be the
truth." He also discussed the difficulties of
writing for "such disparate audiences—law
professors and historians. They are interested in
different issues, employ different methodologies,
and have very different expectations about scholarship.
Winning the Bancroft tells me that I was more successful
in bridging the divide between academic disciplines
than I could reasonably have hoped."
Paul
Lombardo was quoted in an April 24
Winston-Salem Journal article about a North Carolina
bill proposing cash reparations for victims of
eugenic sterilization. "It's
time for people to put their money where their mouth
is," he said, noting that North Carolina had
the third largest eugenics program in the nation,
after California and Virginia. Lombardo said he is
puzzled that no state has provided any kind of compensation
to sterilization victims, when more than a dozen
states pay reparations to people who are wrongfully
incarcerated.
Julia
Mahoney's scholarship was quoted in
a March 26 Baltimore Sun article about conservation
easements. Warning that scientific understanding
of conservation needs changes over time, she wrote
in the Virginia Law Review that extensive use of
permanent conservation easements "may create
ecological, legal and institutional messes for
later generations to deal with."
Paul
Mahoney's work on the common law and
economic growth was discussed in the March 2 issue
of El Economista. As the article quoted the conclusion
of his Journal of Legal Studies article, "El
respeto a los derechos de propiedad y el cumplimiento
de los contratos fundados en ellos, delinean el
escenario para la inversion y el crecimiento. De
ahi que el diseno de las instituciones de gobierno
influencia en forma decisiva el rendimiento de
las actividades productivas y, en consecuencia,
el ritmo de crecimiento economico."
David
Martin was quoted in an April ABA Journal
article on recent cases using loss of citizenship
as a sanction against suspected criminals and terrorists.
He said that he found it unlikely that the cases
would "herald a wave of denaturalization actions.
I think it will be confined to people who have a
criminal conviction within a very short time after
naturalization."
John
Norton Moore noted in a March 18
Cox News Service article on the U.N. Convention
on the Law of the Sea that the United States's
exclusive economic zone would expand about 15 percent
under the treaty. "This
is one of the greatest increases in sovereign rights
of the United States since the Louisiana Purchase,
since the purchase of Alaska," he said.
Robert
O'Neil wrote an op-ed piece in the
March 2 Charlottesville Daily Progress about religion
in the Virginia General Assembly, saying that some
of its recent actions "make
one wonder if our current lawmakers are as keenly
aware as they should be of the special role their
predecessors played in shaping religious freedom." In
a March 28 Time story about congressional efforts
to clean up the airwaves, O'Neil noted that the mere
threat of legislation can create a chill, calling
it "regulation by raised eyebrow." In an
April 12 UPI story about the Thomas Jefferson
Center's annual Jefferson Muzzle awards, given to
publicize restrictions on free speech, O'Neil commented: "In
some areas speech is freer today that it was before.
The protection of expression on the Internet, for
example, is quite striking. Protection of free speech
in advertising was unknown three decades ago." O'Neil
discussed investigations of controversial professors
in the April 15 Chronicle of Higher Education. "If
a student ever accused me of, let's say, being insensitive
or disparaging a particular religious faith in my
class or outside," he said, "I would want
an investigation. I wouldn't want that allegation
festering."
George
Rutherglen was quoted in a March 5
Roanoke Times & World
News article about a case in which two Virginia public
school employees who had been sexually assaulted
by their manager were moved to night shifts and criticized
instead of protected from further harassment. Since
the manager had been convicted of sexual battery,
he said that proving a harassment claim against the
school board would not be difficult. But he added
that the women's claim that they were retaliated
against for whistle-blowing might be more difficult
to prove. "The law is clear," he said. "If
there was retaliation, they violated the Civil Rights
Act. Proving it is another matter."
Stephen
Smith was quoted in a March 20
Charlottesville Daily Progress story about a federal
judge's frustration with sentencing guidelines
that forced him to impose a two-year prison term
for growing and selling marijuana. Noting that
the recent Supreme Court decision in U.S.
v. Booker now allows appeals courts to explore the "reasonableness" in
guidelines sentences, he said that "sentencing
judges should now be free to impose sentences other
than those that would've been required under the
guidelines, and appellate courts should uphold those
sentences, even if lower than the guidelines sentence,
as long as they're not ‘unreasonable.' If that
happens, then Booker will have solved one of the
key problems with the federal sentencing guidelines:
their excessive rigidity and severity."
Robert
Turner was quoted in a March 3 Los
Angeles Times story about a Supreme Court ruling
that an Eastern bloc couple recruited by the CIA
during the Cold War could not sue the agency for
reneging on a pledge of lifetime support. Turner
said the ruling was "fully
consistent with the expressed concern of our Founding
Fathers about the importance of safeguarding national
security secrets."
J.
H. Verkerke's comments in a recent
New York Times article on blogging's impact on
employment rights were quoted in Singapore's April
25 New Paper. After a Delta flight attendant was
terminated after posting provocative photographs
of herself in crew uniform on her blog, Verkerke
noted that she could not "invoke
the common law privacy doctrines because she posted
these photos in a public place."
Timothy
Wu was quoted in two issues of the
National Journal's Technology Daily. In a March
31 article on regulating the telecom industry by
functional "layers" rather
than through the current "silo" regime,
which involves imposing rules for each technology,
he said that layering is "the first proposal
in a while that would actually open competition and
would make it hard to block market entry by incumbents." Wu
noted in an April 19 article on Internet networks'
blocking of telephony services by competitors that "We
need clear rules to punish those who block new market
entrants," and suggested that broad network
anti-discrimination language could do the trick.
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