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Rosa
Brooks appeared on the May
24 Fox News Network program "The O'Reilly Factor"
to discuss legal protections for Guantanamo detainees.
Providing such safeguards, she argued, shows "that
when we talk about justice and democracy and human
rights, that we're not just hypocrites. We show that
we're willing to get tough when we have to, but we
also show that we care deeply about the rights that
we say we care about." Brooks
now writes a regular op-ed column for the Los Angeles
Times. Her first column, on May 29, discussed
the use of torture to obtain information from detainees. "Torture
is always a weapon of the weak: It's used by those
too clumsy to get information any other way," she
wrote. "If we had better human-intelligence
agents on the ground, with the cultural skills needed
to gain the trust of local populations, we wouldn't
need illegal interrogation methods to gain information.
And if we got serious about preventing the abuse
of detainees, we might find more friends when we
look for information." In her June columns,
Brooks wrote about breast-feeding activists, John
Bolton's views on international law, the International
Committee of the Red Cross, summer childcare concerns
of working parents, and "extreme tourism" to
bizarre or dangerous sites such as Chernobyl or Guantanamo
Bay.
Michael
Dooley was quoted in a May 26
Daily Press story about a possible conflict of
interest in which a Virginia Port Authority panel
looking into a company included a member whose
business managed property for the company. "This
may be the most honest, most scrupulous person
in the world," he said. "But
it clearly is a conflict of interest, and it seems
to be an odd choice." He added that committees
and their results are more likely to be above reproach
if their members are completely independent.
Thomas
Hafemeister was quoted in a May 1
Associated Press story about the imprisonment and
execution of mentally ill defendants. Nationwide,
16 percent of prison inmates have a mental
illness, compared with about 5 percent of the
general population. "We
used to take care of them within the mental health
system," Hafemeister said. "The criminal
justice system has become the system that can't say
no."
John
Harrison was quoted in a June 16
Roanoke Times & World
News story about whether leaving a burned copy of
the Quran outside the Islamic Center of Blacksburg
might be prosecuted as a hate crime. Noting that
proving that an act is a hate crime is not as easy
as people outside law enforcement might imagine,
Harrison explained that police have to show that
the purpose of the act was to intimidate or harass
people because of their race, religion, or national
origin.
A.
E. Dick Howard was quoted in a May
1 Richmond Times-Dispatch article about a
Virginia constitutional amendment protecting
the right to hunt. "I'm
not keen on cluttering the constitution up with social
trends," he said. "There's a danger in
loading up the Constitution so it begins to sound
like a political party's platform." In a June
2 Associated Press story on Chief Justice William
Rehnquist, he noted: "His likability has a lot
to do with his success as an administrator. There's
something of an old shoe quality, a low-key quality
about Rehnquist." In
a June 5 Richmond Times-Dispatch story about Virginia's
law forbidding write-in votes in primary elections,
he noted that partisan considerations dictated the
prohibition. "The legislators wanted to protect
the integrity of the party system," he said.
In a June 20 Legal Times article about possible nominees,
Howard discussed comparisons between Judge Michael
Luttig and Justice Antonin Scalia, saying that "Luttig
shuns publicity, and he is very pleasant and steady,
with no rough edges—none of the flashes of lightning
you get with Scalia." Howard commented in a
June 28 Bloomberg News Service article on the
latest Supreme Court term that he "would have
been readier to paint a portrait of the Rehnquist
court with confidence two or three years ago than
I would be today. In the most visible and controversial
area of the court's work, the cases of the last two
or three terms seem to move the court in a more centrist
direction."
Michael
Klarman was quoted in a June 21 U.S.
News & World
Report about the trial of Edgar Ray Killen for the
1964 murders of James Chaney, Andrew Goodman, and
Michael Schwerner. He expressed doubts that prosecutions
such as this do much to change racial inequality. "I
have mixed feelings because it seems like an easy
way to score political points," he said. "What
are these same people doing to improve the lives
of black people or provide good healthcare and education?"
Paul
Lombardo was quoted in a May 6
AP story about a dispute in which a customer
who found a severed fingertip in a pint of frozen
custard refused to return it so that doctors
could attempt to reattach it to the shop worker
who had lost it. He noted that the customer's
interest in preserving evidence of possible negligence
was outweighed by the medical emergency. "The
man who lost the finger has the superior claim," he
said. In a June 7 C-Ville Weekly story on recovery
from drug addiction, Lombardo commented on the
increase in prescriptions of potentially addictive
painkillers. "In the past, the default
position was to be very careful about giving addictive
substances," he said. "More recently the
pendulum has swung the other way, toward being more
proactive about relieving pain." In a June 30
Washington Post article about disputes over whether
a research institute had acquired human brains without
full consent from family members, Lombardo said "There's
a general repulsion to the idea of people taking
out organs without permission, and I don't think
you have to have any formal training in ethics to
understand that that's repellent."
Anup
Malani was quoted in a May 3 BestWire
story on a proposed asbestos compensation trust
fund that discussed his research on how the joint-and-several
liability standard in mass torts has had the effect
of driving companies into bankruptcy. Reallocating
liabilities from a bankrupt firm to its co-defendants
helps create a bankruptcy "contagion" that
sparked more bankruptcies. The alternative Malani
and a colleague propose is a joint-and-several standard
that eliminates reallocation but raises the priority
of tort claims to be equal or even greater than secured
creditors. "If you have reallocation, then the
person who pays is the co-defendant," Malani
said. "With super-priority and no reallocation,
the people who pay are the secured creditors of the
original company. The idea is that secured creditors
are better able to bear the risk of a defendant going
bankrupt than codefendants, and this would also eliminate
bankruptcy contagion."
Daniel
Meador discussed recent transformations
in the Supreme Court in a May 30 National Law
Journal article. "The justices' backgrounds
are strikingly less diverse now than at any time
in the past," he
wrote. "Seven of the current justices came to
the court from a seat on a U.S. court of appeals.
One came from a state appellate court. No current
justice ever served in Congress or in the president's
cabinet or was governor of a state." He argued
that the Supreme Court's "distinctive role as
final authoritative interpreter of the federal Constitution
and acts of Congress . . . calls for an unusual degree
of wisdom and statesmanship based, among other things,
on the collective life experiences of the nine justices.
The task is likely to be most soundly performed when
those experiences are broad and varied." In
the June 27 Legal Times, Meador wrote that presidents
should work closely with the Senate on judicial nominations: "Consultation
is the oil that eases executive-legislative tensions
and often leads to results that could not otherwise
be attained. . . . Consultation over judicial nominations
is so commonsensical and so obviously in the public
interest, as well as constitutionally mandated, that
it is difficult to understand why it is not pursued
more vigorously by the current administration."
John
Norton Moore was quoted in a June
29 Reuters story about an attempt by Italian
prosecutors to extradite persons involved in
a 2003 CIA abduction of a Muslim cleric in Milan.
While neither the Bush administration nor the
Italian government is likely to support extradition,
given the national security aspects of the case,
Moore said that "it
does show the importance of dealing with terrorists
in ways that are broadly supported around the
world."
Thomas
Nachbar was quoted in a June 30
Cavalier Daily story about the Supreme Court's
Grokster decision ruling against file-sharing
firms. "For
companies who want to make money off of marketing
to copyright infringers, this is bad news," he
said. "For
those who want to just do file-sharing, it may be
good news. The court is much more interested in looking
for people who are seeking infringement than squelching
technology."
Robert
O'Neil's remarks as commencement
speaker at Piedmont Virginia Community College
were quoted in the May 14 Daily Progress.
He urged the graduates to give back to their
communities and to the college, and noted that
Thomas Jefferson would be "delighted" at
the college's goal of becoming a "wireless enclave." A
May 29 Richmond Times-Dispatch story quoted O'Neil's
e-mailed comments on a candidate's arrest for campaigning
at a shopping center. While Virginia doesn't recognize
shopping centers as public forums, some other states
do. "Especially where political advocacy is
involved, there has always seemed to me much merit
in such an approach," he wrote.
Daniel
Ortiz was quoted in a May 29
Roanoke Times & World
News article about a federal court ruling under which
small wineries may lose their privilege of selling
directly to grocery stories, restaurants and wine
shops. The decision came as part of a larger lawsuit
on interstate shipment of wine and exclusive sale
of Virginia wines in state-run ABC stores. Ortiz,
who represents the plaintiffs in the case, said "We
think self-distribution is wonderful; we just don't
think it should be limited to Virginia wineries."
Kent
Sinclair was quoted in a May 12
Roanoke Times & World
News article about a dispute over who will serve
as Floyd County commonwealth's attorney while the
incumbent is deployed to Iraq in the Army Reserve.
When the Circuit Judge appointed someone other than
the person chosen by the commonwealth's attorney,
a petition was filed before the Virginia Supreme
Court arguing that he had exceeded his jurisdiction.
Noting that nine out of 10 such petitions against
judges are denied, Sinclair said that a successful
petition would have to show that he "had gone
on a rampage beyond the authorized jurisdiction."
Timothy
Wu was quoted in a May 7 Toronto Globe
and Mail article about Philadelphia's public wireless
system. "This is the 21st-century infrastructure," he
said. "Cities are in competition and the city
that provides the most attractive public services
is going to attract the most residents and the most
investment." In a June 4 Washington Post article
about a file-sharing pioneer who has turned to free
Internet calling, Wu called him a "regime changer.
He makes happen what economists predict would happen" when
technology overtakes existing business models. In
the June 28 Wall Street Journal, Wu was quoted in
two articles about the Supreme Court's ruling that
cable-TV companies need not share their high-speed
Internet connections with rivals. He called the decision
a "mixed
bag for consumers," saying that it could increase
the temptation by cable and telephone providers to
limit access to certain applications. "The court's
decision increases the pressure and the need for
congressional network neutrality rules—rules designed
to ensure that consumers can reach any Internet content
they want and use any application they want and attach
any device they want," he said.
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