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Faculty in the News, July-Aug. 2002

June 2002
Headlines: June
Richard Bonnie was quoted in a July 17 Associated Press story on accused terrorist Zacaria Moussaoui's competence to stand trial, saying "Being stubborn and hardheaded does not necessarily mean being mentally ill. It's a challenge for clinicians to differentiate between personal characteristics that might be self-defeating and symptoms of severe mental illness." A week later, in the July 26 Philadelphia Inquirer, Bonnie commented that Moussaoui's court filings were becoming more and more bizarre. "What he's doing is more than self-defeating, it shows delusions and thought disorders. I'm increasingly convinced he has severe mental illness." Bonnie was also quoted in an Aug. 26 Washington Post story on human rights abuses in Chinese mental hospitals, comparing the situation with his experiences investigating similar conditions in Soviet institutions.

A July 7 Washington Times story on a potential wave of lawsuits against corporations for political oppression in countries where they operate included Curtis Bradley's comments on the 1789 Alien Tort Claims Act. Bradley said "Congress never had these sorts of modern lawsuits in mind when it passed the law," noting that its original intent was to allow foreign citizens to bring suit in U.S. courts against pirates from their own countries who were using American ports as safe havens.

George Cohen was a guest on the Aug. 16 CNN show "Money and Markets," about lawyers' role in preventing more Enron-like scandals. He discussed the responsibility of securities lawyers to advise clients on the legality or illegality of transactions, and suggested that new legislation would "increase the risk that the lawyers are going to be dragged down if it turns out that what they advised clients to do was fraudulent or illegal. When your feet are held to the fire, you pay a lot more attention and you think a lot harder before you give that kind of advice."

A July 23 Associated Press story on a House bill which would create a broad category of "attempted" federal crimes included Anne Coughlin's criticisms of the legislation. "The notion that you're going to fix the corporate-fraud situation by suddenly passing 'attempt' statutes is just ludicrous," she said. "It's a cheap solution."

An article in the July issue of Virginia Business included Michael Dooley's comments on the corporate culture that led to the collapse of Enron Corp. Dooley said that with the soaring stock prices of the 1990s, "all of a sudden it was possible to become not merely wealthy but ridiculously rich" by generating fast, consistent growth. Regulators were loath to derail the economic boom, but new rules aren't necessarily the answer. "Enron had in place a solid governance structure and code of ethics. They had a high-powered board, an audit committee, and what, up to that time, was believed to be a very reputable accounting firm. All the structures were in place; they just weren't implemented."

John Harrison was quoted in an Aug. 10 Houston Chronicle story on an ABA task force criticizing the Bush administration's jailing of Americans as enemy combatants without charges or access to attorneys. He said that with sensitive information potentially involved in the cases, "there are legitimate national security concerns." Harrison also appeared on NPR's "Morning Edition" on Aug. 22, commenting on the scope of executive power in the aftermath of the terrorist attacks. He said that the Founding Fathers expected the president to use all his power in times of war: "Alexander Hamilton's classic description of how the executive branch works in 'The Federalist Papers'—he said, 'Unity, secrecy and dispatch.' That is to say they have a single commander, the president; they don't tell everything they know, and they operate quickly."

A. E. Dick Howard was quoted in an Aug. 4 Richmond Times-Dispatch story on attempts by several newspapers and a charity to obtain DNA evidence to determine the guilt of a Virginia prisoner executed in 1992, saying: "It's not clear to me what standing third parties would have to ask for this evidence It doesn't strike me as being like a Freedom of Information Act request, where you're asking what people know. You're asking here for the actual physical evidence." Howard was also quoted in an Aug. 2 Washington Post article on D.C. Mayor Anthony A. Williams's exclusion from the ballot, commenting that the appeals judges may find it a close call but that a ruling would likely come quickly. "This is not Bush versus Gore," he said.

In an Aug. 2 Virginian-Pilot story about a series of recent homicides at Fort Bragg, John Monahan warned against drawing conclusions based on just three cases: "There are many possible factors at work here. But it shouldn't be forgotten that we are talking about only a small number of cases—three—and it's also possible that we're looking at a statistical fluke."

Jeffrey O'Connell was quoted in a July 3 Christian Science Monitor article on Common Good, a new organizing seeking to reduce the amount of litigation in the United States. Common Good doesn't use the label "tort reform," and doesn't just blame trial plaintiff lawyers for the mess. O'Connell, who sits on the organization's board, noted that aggressive defense by companies and their insurers worsens the adversarial culture, saying "Anyone who doesn't recognize the abuses on both sides is unrealistic."

Robert O'Neil was quoted in an Aug. 28 Associated Press story on the selection of Leroy R. Hassell Sr. to be Virginia's first black chief justice. O'Neil described Hassell as a principled moderate who is not easily categorized: "My impression has remained consistent over the years that Justice Hassell is a thoroughly committed and thoughtful citizen and lawyer and he has been a conscientious justice on the court."

A July 10 article in Education Week on the political battle over school vouchers included comments from James Ryan that voucher programs will continue to have a limited impact unless they are expanded. The most significant barrier to expansion, he argued, is the opposition of suburban parents. "Suburbanites would not be all that wild about urban students having unlimited access to suburban schools. A voucher program threatens the status of suburban schools." Ryan and his coauthor Michael Heise also wrote an op-ed piece on this topic for the July 3 Washington Post.

An article in the July 1 Wall Street Journal on whether a new area of cyberlaw is developing cited the views of Timothy Wu, who argued that instead of a single Internet, there are many different Internet applications that all need to be discussed differently. He also noted that cyberspace advocates tend to be deeply technocratic and elitist, despite their populist rhetoric.

VINCENT BLASI
"The Lawyer's Bookshelf," July 30, 2002, New York Law Journal.

RICHARD J. BONNIE
"The Silent Treatment From Beijing/ Mental Hospitals Allegedly Used to Quiet Dissidents, Falun Gong," Aug. 26, 2002, The Washington Post.
"Moussaoui No Longer Pleads Guilty," July, 26, 2002, Knight Ridder Washington Bureau.
"Moussaoui's guilty plea is rejected," July 26, 2002, Miami Herald.
"Moussaoui Drops Plea, Faces Trial in October," July 26, 2002, Ventura County Star.
"Judge Refuses To Accept Guilty Plea From Suspect Charged in Hijackings," July 26, 2002, The Philadelphia Inquirer.
"Moussaoui's Court Filings—A Mix of Pop Culture, Angry Allegations," July 17, 2002, AP.
"Bizarre Pleas Fill Moussaoui's Filings," July 17, 2002, AP story in The Washington Post.

CURTIS BRADLEY
"S. Africa Suit Rips 'Gaping Wound'/Corporations Fear Political Cases," Aug. 7, 2002, The Washington Times.

GEORGE COHEN
"Securities Law Analysis," Aug. 16, 2002, CNNfn/Money & Markets.

ANNE M. COUGHLIN
"Police Oppose 'Attempted' Crimes," July 23, 2002, AP/The Washington Post.

JOHN HARRISON
"Balance Between Liberty and Security Within the U.S.," Aug. 22, 2002, Morning Edition (NPR).
"Lawyers' Panel Criticizes Jailings," Aug. 9, 2002, AP/The Houston Chronicle.

W. STEVENSON HOPSON
"Tightening the Spigot," August 29, 2002, American Lawyer.

A.E. DICK HOWARD
"Va. Far Away From England in DNA," Aug. 4, 2002, The Richmond Times-Dispatch.
"Mayor's Race Becomes Court Case/D.C. Appeals Panel Agrees To Hear Williams's Ballot Argument,"Aug. 2, 2002, The Washington Post.

PAUL LOMBARDO
"State Asked to Apologize for Forced Sterilizations," July 30, 2002, AP.

DAVID A. MARTIN
"New Book Offers Innovative Citizenship Policies for Liberal Democracies," July 29, 2002, AScribe Newswire/U.S. Newswire.

JOHN MONAHAN
"Fort Bragg Killings Bear Some Similarities/Highest Levels of the Army Are Troubled by Spate of Homicides at Fayettesville," Aug. 2, 2002, The Virginian-Pilot.

JOHN NORTON MOORE
"Above the Law," Aug. 28, 2002, Salon.com.
"Constitutional Law," July 1, 2002, Legal Information Alert.

JEFFREY O'CONNELL
"Just a Little Less Litigation, Please," July 3, 2002, Christian Science Monitor.

ROBERT M. O'NEIL
"Leroy Hassell To Become Virginia's First Black Chief Justice," Aug. 28, 2002, AP State and Local Wire.
"Free Speech: O'Neil Sees New Rule Book," Aug. 4, 2002, The Richmond Times-Dispatch.

JAMES E. RYAN
"Taking School Choice to the Suburbs," July 7, 2002, The Pittsburgh Post-Gazette.
"Taking School Choice to the Suburbs," July 3, 2002, The Washington Post.

ROBERT F. TURNER
"Case of U.S.-Born Prisoner Tests Government's Power," Sept. 1, 2002, AP.
"Courts Uneasy About U.S. Measures," Aug. 28, 2002, AP/The Washington Post.
"Ruling by Secret Intelligence Surveillance Court Raises Question About Terror Probe," Aug. 26, 2002, Bulletin's Frontrunner.
"All Things Considered," (audio file) Aug. 26, 2002, NPR.
"Special Report with Brit Hume," Aug. 26, 2002, Fox News.
"No Due Process for Enemy Combatants" (commentary), Aug. 26, 2002, The Wall Street Journal.
"Court's Ruling May Limit Government Power to Spy On Domestic Terror," Aug. 24, 2002, The Record.
"Secret Court May Limit Government Power," Aug. 23, 2002, AP/The Washington Post.
Discussion of Treatment of War on Terrorism Detainees," Aug. 15, 2002, CNBC News/The News With Brian Williams.
"Building Symbols of Our Resolve," July 21, 2002, The Dallas Morning News.
"Lindh Pleads Guilty/Analysts Say Deal Good For Him, Government," July 16, 2002, The Baton Rouge (La.) Advocate.

TIMOTHY WU
"Boomtown: Hot Field of Cyberlaw Is So Much Hokum, Some Skeptics Argue," July 1, 2002, The Wall Street Journal.

 

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