Faculty in the News, Dec. 2001-April 2002

An article in the February issue of American Lawyer on Justice Lewis Powell's opinion in the Bakke case quotes from Dean John Jeffries's book, which it refers to as his "terrific 1994 biography." The article was also printed in the Feb. 4 Legal Times. Jeffries was also quoted April 16 in a New York Times story headlined: "Byron R. White, Longtime Justice and a Football Legend, Dies at 84."

The Feb. 4 Richmond Times-Dispatch announced that the Virginia Law Foundation had inducted Graham Lilly and three other new fellows.

The January issue of American Enterprise discussed Paul Mahoney's recent Journal of Legal Studies article comparing the common law and civil law systems and finding that the common law "produces improvements in property rights and contract enforcement that in turn speed economic growth."

David Martin noted in a Jan. 17 St. Louis Post-Dispatch article that a court decision invalidating the mandatory detention of criminal aliens contesting their deportation might have little effect on terrorism-related detainees, most of whom aren't charged with crimes. Martin, a former general counsel to the Immigration and Naturalization Service, co-authored an op-ed piece for the Feb. 26 Washington Post (with T. Alexander Aleinikoff, a law professor at Georgetown University), headlined "Ashcroft's Immigration Threat." He was quoted in a March 15 New York Times article headlined "Agency Finds Itself Under Siege, With Many Responsibilities and Many Critics." Martin was also quoted in a Los Angeles Times article on March 17, "INS on Long Slide Before Visa Fiasco." He was quoted April 4 in a Riverside (Calif.) Press-Enterprise story headlined "Local Police Role in Immigration Enforcement Studied/Proposal: The Justice Department Is Reportedly Considering the Major Shift in Policy." Martin was quoted April 6 in a Virginian-Pilot article headlined: "American Taliban Could Face a Tribunal or Federal Court Trial/Yasser Essam Hamdi Could Get Death Penalty in Either Case Scenario If He's Guilty of Treason."

Alan Meese was quoted in a Feb. 4 Business Week article on the antitrust battle between AOL Time Warner Inc. and Microsoft, saying that "AOL has a good chance of prevailing by piggybacking on the findings of the D.C. Circuit" in its June 2001 decision. Meese, a visiting professor of law, was quoted March 25 in a New York Times article on the potential penalties against Microsoft in its antitrust case, headlined, "Testing Limits on Microsoft."

A Jan. 19 Economist article cited Jennifer Mnookin's praise of Judge Louis Pollak's recent ruling that fingerprint evidence was unreliable enough that experts would have to present evidence to persuade a jury to accept their findings. Mnookin was quoted March 14 in an Associated Press story headlined "Fingerprints Admissible but Likely to Face Increased Skepticism."

A Feb. 6 Los Angeles Times article on the vague standards in sexual predator laws quoted John Monahan on the vague standards applied by judicial decisions. Lawyers for one defendant have argued that "likely" means more likely than not to commit a violent act, but Monahan responded: "That would mean that a court would have to discharge somebody with a 49 percent probability of committing a violent act. That would be an awfully high probability. We would certainly never tolerate a 49 percent likelihood of harm in other circumstances, such as the siting of a nuclear power plant."

Bob O'Neil has been quoted in several articles, including a Dec. 26 New York Times article on Judge Leonie M. Brinkema of the Eastern District of Virginia and a Jan. 5 Richmond Times-Dispatch article summarizing his comments at an AAAS forum on threats to scientific research in the aftermath of September's terrorist attacks. He was interviewed for an article in the January issue of Church & State discussing Thomas Jefferson's letter to the Danbury Baptists on the "wall of separation between church and state," which he termed "one of the most quotable and early presidential sound bites." O'Neil was also quoted in the Feb. 12 International Herald Tribune: "On U.S. Campuses, Intolerance Grows." He was also quoted in the PR Newswire on Feb. 20: "Scripps Howard Foundation Names Judges For Annual National Journalism Awards."

Stephen Smith discussed whether Jamil Abdulah Al-Amin (formerly H. Rap Brown) would be able to receive a fair trial in the United States on the Jan. 26 CNN Saturday morning news show (rough transcript). Commenting that he thought that "the fact that we're asking whether he could get a fair trial is a symbol of America's commitment to fairness in the criminal justice system," he suggested that he expected the trial to be handled fairly and responsibly and that the key would be the jurors' "ability to be able to put aside whatever fears they have, and prejudices, and just decide based on the law."

Bob Turner has been quoted in a number of articles about the detention of American Taliban fighter John Walker Lindh. He discussed admissibility of statements Walker made during interrogation in the Dec. 19 Baltimore Sun; argued against charging Walker with treason in the Jan. 7 Baltimore Sun, saying "As a policy matter, it strikes me that treason ought to be reserved for generals, not foot soldiers"; commented on the choice of the Eastern District of Virginia for Walker's prosecution in the Jan. 24 Washington Times; and suggested possible defense arguments in the Jan. 27 Richmond Times-Dispatch. A change of topics in the Feb. 4 Investor's Business Daily found Turner commenting on the battle between the General Accounting Office and the White House over Enron-related information, and explaining that executive privilege has its limits in areas dealing with domestic policy. Turner was also quoted in a Feb. 17 Washington Times article headlined "California To Vote On Right To Be Heard" and a Feb. 17 Chicago Tribune article "Speculation Builds Over Chief Justice Successor." Turner, associate director of U.Va.'s Center for National Security Law, penned an op-ed piece that appeared Feb. 26 in the Wall Street Journal, headlined "GAO Vs. Cheney: Constitution Favors the Veep." Turner was also quoted in the March 11 edition of Insight on the News, in an article headlined: "Waxman Power Play Imperils Rule of Law." Turner also was quoted March 18 in a Wall Street Journal commentary headlined "Thinking Things Over: Accountability for Andersen, Also the High-Minded." Turner was quoted March 31 in a Milwaukee Journal Sentinel story headlined: "Can U.S. Be First to Attack Enemy?/Some Experts Say a 'Bush Doctrine' Would Allow a Pre-emptive Strike."

Michael Dooley was quoted in Feb. 18 in a Washington Post story headlined "Enron Case Shapes Up As Tough Legal Fight."

Kenneth Abraham was quoted Feb. 22 in a Washington Post article headlined "Firms Seek to Cancel Enron's Insurance."

George Yin was quoted Feb. 23 in a short item in the Times of London, "Preventing Another Enron": "While on the subject of Enron, a US professor has an idea of how to prevent any recurrence. Simply require US companies to file the same accounts to shareholders and the tax authorities alike. At present, there are two sets. Those reported to the market tend to contain a larger profit figure than those that go to the Internal Revenue. Funny, that. George Yin of the University of Virginia tells Forbes magazine: 'If you linked the two, they couldn't have it both ways.'" Yin was quoted in a March 4 Forbes magazine article headlined "Two Birds, One Stone: Would Firms Inflate Their Earnings If It Meant More Taxes?"

Neal Walters, supervising attorney at the U.Va. Law School's Appellate Litigation Clinic, was quoted Feb.25 in an Associated Press story headlined: "Atlanta Company Criticized for Plan to Sell Titanic Artifacts." Walters was previously quoted Jan. 29 by the Associated Press: "U.Va. Lawyer Asks Federal Court Not to Allow Sale of Titanic Artifacts." As documented by the Associated Press on April 12, Walters won another battle in a high-profile case, preventing a company from selling artifacts from the Titanic "Titanic Artifacts Won't Be Sold."

Anne M. Coughlin was quoted March 3 in a Washington Post article headlined "MD. Trial Judge Erases Jury's Rape Conviction: Ruling Questions Accuser's Motivation."

Paul Lombardo, director of U.Va.'s Center for Law & Medicine, and Jonathan Moreno, director of U.Va.'s Center for Bioethics, were featured March 3 in a Richmond Times-Dispatch story headlined "The Ethics of Experiments: Scholars Fear Post-Attack Secrecy." Lombardo also sponsored the marker that honors eugenics victims and helped write the text. The Richmond Times-Dispatch story is headlined "Marker to Honor Eugenics Victims." Lombardo was quoted April 1 in two Norfolk Virginian-Pilot stories, headlined "Local Doctors Try Giving Test Results Over Voice Mail" and "Insurance Hassles Give Rise to Cash-Only Doctors."

A. E. Dick Howard, an expert in constitutional law, is cited in the March 13 Washington Post for his aid to Circuit Court Judge Richard C. Pattisall in crafting a ruling that invalidated Virginia's legislative redistricting plan. The article is headlined: "Amid Firestorm Over Decision, Judge Carries On." Howard was also quoted Feb. 20 in the Pittsburgh Post-Gazette: "Justices Taking Up Tuition Vouchers"; and in the Feb. 17 Washington Times: "California To Vote On Right To Be Heard"; and in the Feb. 17 Chicago Tribune: "Speculation Builds Over Chief Justice Successor." Howard was also in the April 4 Richmond Times-Dispatch for his role in advising Salem Judge Richard C. Pattisall in his ruling that invalidated Virginia's legislative redistricting plan. The article is headlined "Stage Is Set for Appeal/Final Decree Entered in Redistricting Case." Howard was also mentioned April 17 in a Richmond Times-Dispatch story headlined "Salem Judge Dismisses Two Kilgore Motions" and was quoted in an AP story, "Judge Finds Ban on Church Incorporation Unconstitutional." On April 18, Howard is mentioned in an Associated Press article distributed in Virginia headlined: "Suit Challenges Redistricting Plan/Kilgore Attacks Ruling" and in the Richmond Times-Dispatch: "Suit: Remap Plan Dilutes Black Voting in the 4th."

Rip Verkerke was quoted March 14 in a Roanoke Times story headlined "Harassment Suit Against Radford Police Dismissed."

Anne Coughlin was quoted March 16 in a Kansas City Star article headlined: "Kansas Supreme Court Rules Against Transsexual in Estate Case."

Daniel R. Ortiz was quoted March 22 in a Boston Globe article headlined "Campaign Finance Bill's Foes Initiate Legal Battle" (paid access only). Ortiz was also quoted March 22 in a USA Today story headlined "Finance Measure Foe Introduces Opposing Team/Senator Lines Up Legal Big Guns To Challenge Campaign Regulations." Ortiz came out victorious in a federal court case in which a judge struck down as unconstitutional a Virginia law that banned direct sales of wine and beer to Virginia residents from out-of-state producers: "Virginia Ban on Sales of Wine and Beer From Out of State Struck Down as Unconstitutional" (an AP story from the Richmond Times-Dispatch). Ortiz was featured April 1 in a Daily Progress article headlined "Lawyers Agree To Delay in ABC Case." On April 9, Ortiz was featured in a Daily Progress article titled: "Clearing the Way For Out-of-State Wine/ABC STores Soon May Stock Non-Virginia Alcohol If Ruling Stands."

Lillian BeVier, a law professor, was cited March 23 in a National Journal article on elected judgeships, headlined, "Judicial Canon Fire."

Steven Walt was quoted in a March 26 Richmond Times-Dispatch article headlined: "Students' $56,000 Remains in Limbo/Agency's Bankruptcy Thwarts Travel Abroad."

Richard Bonnie was quoted in American Health Line on Feb. 22: "Mental Illness: Insanity Defense Difficult To Prove." He was also quoted in the Feb. 21 Christian Science Monitor: "In Court, Mental Illness Isn't Always Insanity."

Edmund Kitch was quoted in the Feb. 20 National Journal's Technology Daily: "Intellectual Property: Academics Warn Against Sweeping Patent."

Curtis Bradley was quoted April 14 in a San Francisco Chronicle story headlined: "Reparations for Slavery/Recalculating the Price of Human Bondage/Insurance Records May Aid Cause of Slave Descendants Who Want Compensation."

Faculty in the News was compiled by Kent Olson, Law Library Director of Reference, Research and Instruction; and the Academic Communications department.