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In a June 18 New York Times story about the Sept.
11 Victim Compensation Fund, Kenneth
S. Abraham questioned
whether the fund should even have been created but
acknowledged that he has the benefit of hindsight.
In September 2001, he said, "we did feel like these
were people who, in a certain sense, had made a sacrifice
for the country. I think the next time it happens,
we may realize that sometimes you're just unlucky
and that being unlucky is not making a sacrifice."
Richard
Bonnie was quoted in a June 14 Reuters News article about an Oklahoma
jury's refusal to impose the death penalty on bombing conspirator Terry Nichols.
That and other recent high-profile cases, he noted, demonstrated the inconsistencies
in the application of capital punishment. "Public opinion has been influenced
by a drop in crime rates as well as recent cases highlighting mistakes that were
made," he said. "People are feeling more secure. But if there was a significant
increase in crime, you would probably see support for the death penalty go up
again."
Rosa
Brooks wrote an op-ed piece in the May 9 Los
Angeles Times about the
Bush administration's repeated assertions that the executive branch of the U.S.
government is free to ignore both the laws of war and the U.S. Constitution. "The
president should accept direct responsibility for having created a climate of
impunity in which the Abu Ghraib abuses were likely to occur, if not inevitable," she
wrote. "Bush needs to acknowledge that even in time of war, human rights and
the rule of law must be respected." In an article on the torture scandal in the
May 14 Guardian,
she said "The attitude that was communicated started from the
highest levels and was sent on down the chain. It created an overall climate
in which adversaries were dehumanised, the distinction between suspect and known
perpetrator was effaced, and the overall message was that international law or
domestic niceties get in the way of doing quote 'what we had to do'." In a commentary
in the June 6 Minneapolis Star Tribune, Brooks wrote: "If 'I did not have sex
with that woman' was enough to merit the impeachment of Bill Clinton, then surely
conspiracy to commit war crimes should be adequate reason for Congress to consider
impeachment proceedings against George W. Bush."
In a June 2 Associated Press story about a ruling that evidence overheard by
a father picking up the telephone was inadmissible in a child molestation case
against his daughter's gymnastics coach, Earl Dudley said that Virginia's
wiretapping law would have been broken if police investigated the case using
only the father as a source. But because the daughter came forward on her own,
the law should not apply, he said. "My instinct, without having done any research,
is that the argument doesn't fly. But if the judge buys it, they've got a winner."
A.
E. Dick Howard was quoted in a June 18 CNN.com story about the drafting
of the U.S. Constitution. "We're talking about a constitution that is in its
third century. That's really quite remarkable among any of the nations of the
world," he said. "It suggests an essential stability of our political system
that many may envy but not many can emulate. Because the issues debated at the
convention were very contentious and very divisive, it's easy to imagine that
people of lesser stature could have foundered, that the whole enterprise might
have died."
John
Jeffries was quoted in a June 14 National
Law Journal article about
the competition among law schools to hire and retain top law professors. "I
think every law school has a few people that everybody else would like to have," he
said. Noting that Virginia has been on a lucky streak, not losing anyone in
the last several years and stealing some stars away from others, he added "I
think we're doing pretty well."
Michael
Klarman was featured in several sources in connection with his
recent book From Jim Crow to Civil Rights: The Supreme Court and the Struggle
for Racial Equality. Writing in the May 3 Nation,
Klarman discussed the background and impact of Brown v. Board of Education: "The
Justices in Brown did not think they were creating a movement for
racial reform; they understood that they were working with, not against, historical
forces. . . . Brown mattered, but it did not fundamentally transform
the nation; Supreme Court decisions never do. The Justices are too much a product
of their time and place to launch social revolutions." On May 17, the 50th
anniversary of the Brown decision, he appeared on NPR's "Morning
Edition"
and "Talk
of the Nation" programs and wrote in a New
York Times op-ed piece: "It
was the beating of peaceful black demonstrators by Southern white law enforcement
officers—many of whom were carried into office by the wave of racial fanaticism
that swept Southern politics after Brown—that repulsed national opinion
and led to the passage of landmark civil rights legislation." The same day
in the Dallas Morning News, he discussed the impact Jackie Robinson's integration
of major league baseball had on the Supreme Court justices. "You can be sure
they all knew about it," he said. "Several
were big baseball fans and went to games in the district. Jackie Robinson to
some extent laid the groundwork."
In a June 3 New York Times story about the New York attorney general's fraud
lawsuit against a major drug manufacturer, Richard Merrill compared
the suit to product-liability lawsuits by individuals and noted that it was
the first by a public official against the drug industry.
Jennifer
Mnookin wrote a commentary on fingerprint evidence in the May 29
Washington Post,
arguing that "the science of fingerprinting is surprisingly
underdeveloped. We lack good evidence about how often examiners make mistakes,
nor is there a consensus about how to determine what counts as a match. Our
current approach to fingerprint evidence, in which experts claim 100 percent
confidence in any match, is dangerously flawed and risks causing miscarriages
of justice." She
also commented on fingerprinting in the June 4 Wall Street
Journal, saying "we
don't know what the error rate is, which is extremely troubling. Fingerprints
are highly individuating, but the concern is that partial prints can resemble
someone else's. We don't know how often that happens; the research hasn't been
done."
John
Norton Moore was quoted in a May 19 New
York Times article about
administration policy excluding military lawyers from supervising interrogations
in the Iraq war. Lawyers had played a significant role in the first Gulf War,
he said. "We
had JAG officers at all of the detention facilities where interrogations took
place," said Moore, noting that the current Bush administration seems less
concerned with legal standards than its predecessors. In the June 1 Los
Angeles Times, he discussed the stalled ratification of the Law of
the Sea treaty. "There
is not a single sovereign right of the United States that is conceded in this
treaty," he
said. "This is about as clear a case of a treaty strongly in the interest of
the United States as I've ever seen." In the June 14 National
Law Journal,
Moore discussed the appellate decision overturning a $959 million award for
former prisoners of war tortured during the 1991 Gulf War and dismissing the
lawsuit for failure to state a cause of action. "This is a critical issue in
the protection of our POWs from torture in the future," he said. "It becomes
even more so in light of this very unfortunate Iraq prison-abuse scandal. The
Geneva Convention is very clear: Under Article 131, you cannot absolve
a torturing state of any liability."
In a May 30 Baltimore
Sun article about the publication of the Sept. 11 commission
report by a private company, Robert
O'Neil said "My sense is that under
these circumstances, a commission or a committee or agency is probably wiser
to trust a trade publisher than to use government dissemination because the
trade publisher is accustomed to taking extraordinary precautions to keep valuable
property from becoming public or leaking before the official publication date." In
the June 25 Chronicle
of Higher Education, O'Neil wrote an article about the
privacy status of electronic communications on campuses: "At first glance,
it might seem that messages sent by electronic or digital means should be as
private as those conveyed through more-traditional media. . . . Yet e-mail
communication is inescapably different—and in obvious ways that would make
a claim for perfectly parallel treatment seem naïve. Save for those few
that are encrypted, most e-mail messages consist of plain text, and as University
of Virginia policies wisely warn users, 'they are like postcards in that others
might view the messages in transit or those left in plain view.'"
Daniel
Ortiz was quoted in a June 27 Roanoke
Times & World News article
about a new Virginia law banning civil unions. He explained that he has written
to Governor Mark Warner urging him to veto the legislation. One of the problems
with the law, he said, is that it does not distinguish between rights exclusive
to marriage—being able to file a joint tax return, for example, or
not being forced to testify against one's spouse—and other nonexclusive
rights such as power of attorney agreements or medical directives. In the June
30 Washington Times, he said the law's broad language "goes far beyond civil
unions and addresses regular contracts and property arrangements" and explained
that an elderly woman could not ask her granddaughter to make medical decisions
for her without breaking the law, because both parties in the contract are
female.
G. E. White's recent book, Alger Hiss's Looking-Glass Wars: The Covert
Life of a Soviet Spy, was featured in several reviews and other articles.
In the June 13 Baltimore
Sun, White discussed The Nation's campaign to discredit
scholars who have argued that Hiss was guilty "My conclusion is that
the charge was on the whole political and deliberate on the part of The
Nation to muddy the water." A June 25 New
York Law Journal review referred to the
book as "an
inspired portrayal of a man's life and a dispassionate analysis of the forces
that motivated that life," and a June 27 Washington
Times review said that
White had "produced a scholarly, dramatic and exhaustive study which is compelling
in interest and bids fair to be the final, authoritative judgment on this famous
politico-legal melodrama."
Timothy
Wu wrote an article in the April 9 Slate
Magazine on the citation
of foreign cases in U.S. constitutional opinions. "There is such a thing as
the misuse, and even the illegal use, of foreign law by American courts," he
wrote. "Were
the Second Circuit Court of Appeals to announce a legal obligation to obey
the European Court of Human Rights, most (though not all) international lawyers
would join the crowds storming the Bastille. But the Supreme Court simply hasn't
done that: It has not deferred to or followed foreign cases in statutory or
constitutional cases." He compared foreign law citations to a rap shout-out
paying respects to other artists: "The judicial shout-out, while without
legal meaning, is a useful courtesy. If you're the world's senior constitutional
court, it doesn't hurt to reach out to those more junior courts, and say, 'we
hear ya,' even if we proceed to ignore their reasoning." In the May 10 Wall
Street Journal, Wu discussed the growth of web-based TV and how it is changing
the way programming is watched and sold. He suggested that cable companies
that sell both Internet signals and TV programming should be required not to
downgrade their Internet signal as a way of protecting their cash-cow TV business.
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KENNETH
S. ABRAHAM
"The
Price of Life After 9/11," June 18,
2004,
The
New York Times.
RICHARD
BONNIE
"Anti-Death
Activists Buoyed by Nichols Verdict," June
16, 2004, Reuters News.
ROSA EHRENREICH BROOKS
"Did
Administration Officials Conspire to Violate War
Crimes Act?" (author; requires log-in), June
6, 2004, Minneapolis
Star Tribune.
"U.S.
Forces Were Taught Torture Techniques," May
14, 2004, The
Guardian.
"A
Climate That Nurtures Torture" (requires log-in)
(author),
May 9, 2004, Los
Angeles Times.
EARL C. DUDLEY JR.
"Judge
Tosses Evidence From Overheard Conversation," June
2, 2004, Associated Press/Richmond
Times-Dispatch.
A.E.
DICK HOWARD
"We
the people...," June 18, 2004, CNN.com.
JOHN
C. JEFFRIES JR.
"Star
Power: Top Law Professors Are a Hot Commodity,
and Schools Are Scrambling to Keep Them," June
14, 2004, National
Law Journal.
MICHAEL
J. KLARMAN
"Robinson's
Effect Felt Beyond Baseball," May 17, 2004,
Dallas Morning
News.
"The
Legacy of Brown v. Board of Ed.," May 17,
2004, NPR "Morning
Edition."
"Crossing
the Color Line," May 17, 2004, NPR "Talk
of the Nation."
"Better
Late Than Never" (author), May 17, 2004,
The New York
Times.
"Brown
vs. Board of Education: 50 Years Later/1954 Ruling
Seen as Model of Judicial Activism/Landmark Segregation
and Gay Nuptial Cases Have Similarities," May
17, 2004, San
Francisco Chronicle.
"Still
Striving Toward A More Perfect Union," May
16, 2004, Los
Angeles Times.
"A
Mortal Wound to Heart of Jim Crow," May
16, 2004, Houston
Chronicle.
Report
on 50th anniversary of the Brown
v. Board of Education decision, May 10, 2004, Voice
of America.
"Walking
Toward Brown," May 7, 2004,
Legal
Intelligencer.
"Did
Brown Matter?" May 3, 2004, New
Yorker.
"It
Could Have Gone the Other Way: At the Time, the
Justices Had Doubts that Brown Was Rightly Decided" (author),
May 3, 2004, The
Nation.
"Why
Brown Still Matters," May
3, 2004, The
Nation.
"Walking
Toward Brown," May 3, 2004, Legal
Times.
RICHARD A. MERRILL
"Spitzer
Sues a Drug Maker, Saying It Hid Negative Data," June
4, 2004, The
New York Times.
JENNIFER MNOOKIN
"All
The Fear That's Fit To Print," June 6, 2004,
St. Petersburg
Times.
"Despite
Its Reputation, Fingerprint Evidence Isn't Really
Infallible," June 4, 2004, The
Wall Street Journal.
"The
Achilles' Heel of Fingerprints" (author),
May 29, 2004, The
Washington Post.
JOHN NORTON MOORE
"Going
after Iraq, and Losing—in U.S.
Court," June 14, 2004, National
Law Journal.
"U.S.:
Right-Wing Republicans Sinking Law Of The Sea—Again," June
2, 2004, IPS-Inter Press Service.
"Conservative
Opposition Leaves U.N. Accord in Dry Dock," June
1, 2004, Los
Angeles Times.
"U.S.
Barred Legal Review of Detentions, Lawyer Says," May
19, 2004, The
New York Times.
ROBERT
O'NEIL
"Who
Owns Professors' E-Mail Messages?" (author)
June 21, 2004, Chronicle
of Higher Education.
"Private
Firm Is Set to Publish Final Report by 9/11 Commission," May
30, 2004, Baltimore
Sun.
DANIEL R. ORTIZ
"Gay
Rights Backers Rally in City," July 1, 2004,
The Daily
Progress.
"New
Ban on Gay Unions to Begin/Homosexuals Set to Protest," June
30, 2004, The
Washington Times.
"Gays
Fear New State Law Banning Civil Unions Could Go
Much Further/Some People Say the Law Could Be Used
to Invalidate Wills, Joint Bank Accounts, Insurance
Benefits, Business Agreements and Even Medical Directives," June 27, 2004, The
Roanoke Times.
ROBERT E. SCOTT
"David
Schizer Likely Choice For New Law Dean At Columbia," May
20, 2004, New York
Sun.
ROBERT
F. TURNER
"New
Padilla Info Not Part of Court Case," June 2,
2004, Associated Press/The
New York Times.
"Courts-Martial
Differ From Civilian Trials," May 12, 2004,
Newhouse
News Service.
G.
EDWARD WHITE
"Examining
the Inner World of Improbable Spy, Alger Hiss," June
27, 2004, The
Washington Times.
"Lawyer's
Bookshelf," June 25, 2004, New
York Law Journal.
"Cold
War Figure Still Looms Over Washington," June
13, 2004, Baltimore
Sun.
TIMOTHY
WU
"Web
TV Is Changing the Way Programming Is Watched and
Sold," May 10, 2004, The
Wall Street Journal.
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