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Abraham was quoted in a Feb. 22 Washington
Post story on insurance companies seeking to
cancel Enron Corp.'s coverage because they had been
misled, saying "Its very common now for insurers,
when they face a big claim, to go back and look very
carefully at the application" for lies about important
facts or a deliberate failure to disclose material facts.
He was also quoted in another Enron-related story in
the Feb. 27 Bloomberg
News, about J.P. Morgan's attempt to force insurance
companies to honor $965 million in bonds on Enron oil
and gas contracts.
Richard Bonnie was quoted
in articles about Andrea Yates's insanity defense
both before and after the trial. In the Feb.21 Christian
Science Monitor, he noted presciently, "Everyday
people are naturally skeptical about claims of insanity,
so it's always an uphill battle for the defense. And
even when someone is clearly mentally ill, juries
are not willing to let them walk free. They believe
they should be punished." In a March 13 Boston
Globe story on the verdict, he pointed out
that insanity defendants lose three out of four times
if the case goes to trial and that most insanity acquittals
are by agreement.
A Feb. 18 National
Law Journal story on former hostages suing
Iran for damages included Curtis Bradley's
comments on how courts interpreting federal statutes
require a clear indication that Congress intends to
violate international law. He noted that judicial
approaches are mixed in how willing courts are to
read in an intent by Congress or to look at legislative
history.
In a March 2 Washington
Post story about a Maryland judge overturning
a jury's rape conviction, Anne Coughlin called
the ruling "absolutely astonishing," and
noted that judges are not allowed simply to substitute
their judgments for the jury's verdict. She was also
quoted in a March 16 Kansas
City Star story about a Kansas case ruling
against the inheritance rights of a transsexual spouse
because she was not "female," saying "There
are many people who can't produce babies. Women in
Kansas who have had hysterectomies or who are post-menopausal
are going to be flipped out that they're not considered
a woman. And a man who can't produce sperm isn't a
man? Unbelievable."
Mike Dooley was quoted in
a Feb.18 Washington
Post story about possible criminal indictments
against Enron executives. He pointed out that an intent
requirement could be satisfied by proof of negligence,
saying "You don't necessarily have to have a
smoking gun . . . You cannot sit by and willfully
ignore things."
Dick Howard was quoted in
several articles, including a Feb. 17 Washington
Times story on a proposed amendment to the
California Constitution requiring that all votes be
counted would be unlikely to change much if election
laws were weak or contradictory. "It's a wonderful
principle," he said, "but I'm not sure it
clarifies anything." He also commented in a Chicago
Tribune story the same day on the possible
nomination of J. Harvie Wilkinson III or J. Michael
Luttig to the Supreme Court. He discussed Justice
Sandra Day OConnor's role on the Supreme Court
in a Feb. 20 Pittsburgh
Post-Gazette story on a pending tuition vouchers
case, and in a March 3 Richmond
Times-Dispatch story on Virginia's hostility to
ballot initiative and referendum he talked about the
reaction in 1969 of the commission revising the state
constitution. "It was rather summarily dismissed,"
he said. "The commission thought it would undercut
the principle of representative government."
A Feb. 20 National
Journal's Technology Daily
article on a forum on information technology and
biotechnology patents hosted by the Justice Department
and the FTC reported that Ed Kitch argued that
stricter patent protections could stymie innovation.
He defended current patent practices by arguing that
it is best viewed as encouraging future innovation
than as rewarding previous inventions.
David Martin was quoted in
several immigration-related articles. In a Feb. 12
New
York Times story about Judge Jack Weinstein's
ruling that deportation of a parent must consider
the interests of a child left behind, he called Judge
Weinstein's interpretation of international law "at
best, a stretch." He also commented on troubles
facing the INS in the Feb. 25 Washington
Post and the March 15 New
York Times. In the Times article, he suggested
that Congress needed to stop adding programs without
adequate staffing or funding: "What Congress
could do is simplify the law, and curb its appetite
for new programs that divert energies."
Alan Meese was quoted in
a March 25 New
York Times story on the uncertain scope of
the remedy proceeding in the Microsoft antitrust litigation,
saying "The law of remedies in this context is
kind of a black box. Every case is different, every
marketplace is different, so it's hard to point to
a precedent."
In a March 14 Associated Press story
on Judge Louis Pollak's recent rulings on the admissibility
of fingerprint evidence, Jennifer Mnookin noted
that fingerprints would be likely to receive closer
scrutiny in future cases but argued for better standards
for fingerprint identification.
Bob O'Neil said in a Feb.
12 International
Herald Tribune article that he would argue
with those who believe free speech has eroded on campuses.
He conceded, however, that he probably felt "a
little less free in my classes each year. But that
seems to me an appropriate acknowledgment both of
the increasing diversity of our society and the likelihood
that I will have more and more people of different
faiths and different backgrounds in my classes."
A March 25 story in the Legal
Times, and several other regional legal newspapers,
on a case before the Supreme Court on restricting
the speech of judicial candidates, noted that ONeil
had joined a brief against the free speech claim.
He was quoted as saying that "Judges aren't politicians.
. . . The idea of judges committing themselves to
certain positions in the way that politicians would
during an election is profoundly dangerous to due
process."
Dan Ortiz defended the constitutionality
of campaign finance reform in March 22 stories in
the Boston
Globe and USA
Today. In the Globe he noted that "The Supreme
Court has drawn a distinction between the things you
can do with corporate money and the things you can
do with individual money."
A New
Republic story on school vouchers included
discussion of a forthcoming Yale Law Journal
article by Jim Ryan and Michael Heise, arguing
that suburban resistance had defined the politics
of school choice for the past fifty years.
Rip Verkerke was quoted in
a March 11 National
Law Journal story on a Virginia Supreme Court
decision that an at-will employee has no right to
maintain a wrongful termination claim, noting that
the court had been "surprisingly expansive in
recognizing public policy tort claims . . . but this
case signals its willingness to police the boundaries"
so that the employment-at-will doctrine is not displaced
altogether. A March 14 Roanoke
Times & World News article included Verkerke's
comments on judges' mixed responses to sexual harassment
claims.
A March 26 Richmond
Times-Dispatch story on student groups affected
by a travel agency's bankruptcy quoted Steve Walt's
view that the students should have been considered
creditors of the agency and therefore should have
been notified received notice of the bankruptcy proceeding.
George Yin was quoted
in a March 4 Forbes
article on whether book and tax accounting rules should
be more closely aligned. He noted that the current
system of two separate systems for calculating earnings
gives companies "an incentive to embellish their
book earnings and diminish their taxable earnings.
If you linked the two, they couldn't have it both
ways." His comments to Forbes were also mentioned
in a Feb. 23 London
Times story.
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