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Faculty in the News, June 2002

June 2002
Headlines: June

Vincent Blasi commented on the Supreme Court's school voucher decision in the June 28 Plain Dealer, agreeing that the ruling represented the most sweeping endorsement the court has given to public financial support for religious schools. "This is enormously consequential," he said. "Once you uphold this Cleveland program, it's hard to imagine any other [voucher] program that will be struck down."

A June 22 Virginian-Pilot article on the Supreme Court's Adkins v. Virginia decision included Richard Bonnie's response to critics expecting a rash of fraudulent claims of mental retardation from death row inmates. "You do not suddenly become retarded," he said."The question is: Do we have to worry about manufactured evidence? The answer is: No, because it is likely that in a large majority of situations there will be historical evidence of mental retardation." Bonnie's Senate testimony on a proposed Elder Justice Act was featured in the June 24 Baton Rouge Advocate. Representing the National Academy of Sciences, he noted that there had been few peer-reviewed studies exploring the extent of elder abuse but that records compiled by public-service agencies "give us a sound basis for determining that it is a terribly serious problem."

Kim Forde-Mazrui wrote an op-ed piece for the June 17 Legal Times, analyzing how the Supreme Court would likely treat the 6th Circuit's decision in Grutter v. Bollinger, the University of Michigan Law School affirmative action case. He concluded: "The average black child born today is exceedingly more likely than the average white child to be raised in poverty, in a broken family, in a community marked by substance abuse, violent crime, and poor quality schools. Unless we assume that along with darker skin a child of color biologically inherits a propensity to fail, to commit crime, or to die a violent death, we should recognize that these conditions result from generations of injustice whose effects will take effort and time to overcome. To ignore racial differences in the name of colorblindness is to guarantee their perpetuation."

Several news stories quoted A. E. Dick Howard, beginning with a June 9 Virginian-Pilot story on the power of Virginia's sheriffs and other locally elected constitutional officers. An Associated Press story on Jerry Falwell, appearing in the June 18 Richmond Times-Dispatch and several other newspapers around the country, included Howard's comments on Falwell's successful lawsuit forcing the state corporation commission to grant his church a charter. "To allow anybody to not incorporate based on religion was on its face a violation of the First Amendment," he said. "That's an easy call." Howard was quoted extensively in a June 28 Richmond Times-Dispatch story on school vouchers in Virginia, noting that the state constitution's provisions that preclude the channeling of public school money to private schools would prove a "daunting" barrier to anyone who would want to start a voucher program. A June 28 Virginian-Pilot story on the 9th Circuit's Pledge of Allegiance decision included Howard's comments that those who believe the Supreme Court will strike down the ruling "shouldn't be so quick to draw that conclusion. Where you have prayer or other religious exercises as a part of the school day itself, the court has been pretty tough on that."

A June 28 USA Today profile of Chief Justice William Rehnquist included John Jeffries's comments that "The influence of one justice on the others is never as important as the identities of all nine justices. But, that said, Rehnquist has been very influential." Jeffries noted that Rehnquist has been willing "to stake out strong positions and confidently defend them," but that he "never burned a bridge, no matter how much he disagreed with another justice."

David Martin was quoted in several stories on immigration-related issues, including a June 8 Philadelphia Inquirer article on proposals for using local police to enforce immigration laws and a June 23 Kansas City Star story on the Justice Department's treatment of terrorism suspects. He warned in a June 10 Legal Times article that splitting the INS from the Department of Justice could make the war on terrorism more difficult. "It's a bit of a disadvantage not to work with the rest of the DOJ machinery," he said. "The complications will come in dealing with criminal investigations." A June 12 Knight Ridder/Tribune News Service on the military detention of Jose Padilla, the accused al-Qaida "dirty bomber," included Martin's comments: "Right now, I think they're acting in good faith and with the best of intentions. But if you can say that you believe a person is associated with al-Qaida and then be able to limit their access to an attorney and hold them indefinitely, then that's a power that's really subject to abuse."

A June 11 InfoWorld Daily News story on an AEI telecommunications policy conference and the future of the FCC featured comments from Glen Robinson. "Change is everywhere," he said. "For 30 years things were quiet for the Bell system and the FCC; now they're whirling dervishes." Robinson predicted that the FCC would continue to play a role: "Whatever changes (occur) in the next 10 years, the FCC will be around to greet them. The FCC ... is a survivor."

Jim Ryan was quoted in a June 28 Baltimore Sun story on school vouchers, saying that the results might not be that far-reaching. "I wouldn't expect much," he said. "Most suburbanites are opposed to school choice because they're happy with their schools, and they worry about any money leaving schools, and they worry about kids outside their districts—mostly urban kids—coming into their district." He also commented in the June 30 New York Times that the voucher ruling may resemble Brown less because of what will happen than because of what won't. "It may very well be Brown v. Board of Ed, but guess what, Brown didn't do all that much to desegregate the schools because there was so much political opposition to it."

VINCENT BLASI
"Court Upholds Voucher/Cleveland Tuition Program OK'd in 5-4 Decision," June 28, 2002, Cleveland Plain Dealer.

RICHARD J. BONNIE
"Breaux Bill Would Strengthen, Focus Elder Abuse Prevention," June 24, 2002, Medicine & Health.
"Legislature to Study Court Ruling on Mentally Retarded Killers," June 24, 2002, AP.

KIM FORDE-MAZRUI
"Will Affirmative Action Survive?," June 17, 2002, Legal Times.

A.E. DICK HOWARD
"Pledge Ruling Sparks Debate," June 28, 2002, The Virginian-Pilot
"Legal Barriers High in Virginia," June 28, 2002, Richmond Times-Dispatch.
"Religion Today," June 28, 2002, AP story in The New York Times.
"He's Got High Hopes/Falwell Awaits Ruling That Will Decide Future of His Property," June 18, 2002, AP (in Richmond-Times Dispatch).
"Falwell's Hoped-For Legacy: A Master-Planned Christian Community," June 15, 2002, AP.

JOHN C. JEFFRIES Jr.
"Virginia Schools Get A Taste Of Michigan's Affirmative Action Woes," June 5, 2002, Fulton County Daily Report.
"Discrimination, Not Diversity," June 3, 2002, Legal Times.

PAUL LOMBARDO
"Facing Up to a Sorry Chapter at LI Lab," June 11, 2002, Newsday.

DAVID A. MARTIN
"Changing Equation," June 19, 2002, Miami Daily Business Review.
"Legal Scholars Question Handling of Accused Dirty Bomber," June 12, 2002, Knight Ridder Washington News Bureau.
"Suspect in 'Dirty Bomb' Plot To Be Detained Indefinitely," June 12, 2002, San Jose Mercury News.
"Bush Plans: INS Finds Itself in Center Ring," June 10, 2002, Legal Times.
"Local Police Could Be Called On To Find Illegal Aliens," June 8, 2002, The Philadelphia Inquirer.

ROBERT M. O'NEIL
"Survey: Many Willing to Give Up Freedoms" June 29, 2002, The Daily Progress (AP).

GLEN ROBINSON
"Today's Events in Washington," June 11, 2002, Bulletin's Frontrunner.
"Experts Debate the Future of Telecom," June 11, 2002, InfoWorld Daily News.

JAMES E. RYAN
"Vouchers: A Shift, But Just How Big?", June 20, 2002, The New York Times.

ROBERT F. TURNER
"War on Terror Uncharted Legal Territory," June 24, 2002, Time.
"Padilla - Why U.S. Shunned Federal Court," June 17, 2002, Legal Times.
"Why the U.S. Shuns Federal Court in Terror Cases," June 17, 2002, The Recorder.
"In Liberal, Conservative and Military Circles, Alarm Over Padilla Case," Newhouse News Service.
"Pre-emption and American Foreign Policy," June 4, 2002, Talk of the Nation, NPR.

 

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