An April 21 Orlando Sentinel article on whether defendants found legally incompetent to stand trial are getting away with murder included Richard Bonnie's estimate that there are about 60,000 pretrial competency evaluations every year in the United States. Bonnie was also quoted in a May 28 Virginian-Pilot article on the use of the insanity plea in a Norfolk trial. He noted that "defendants have an uphill battle because we have a natural skepticism" of such pleas, but also mentioned that there's no data to support the claim that fewer people are acquitted on insanity defenses now that the federal courts and several states (but not Virginia) have narrowed their insanity plea guidelines.

Curt Bradley was cited in a April 14 San Francisco Chronicle story on recently filed lawsuits seeking reparations for slavery. While such lawsuits draw big headlines, he noted, they are difficult to prove and are often dismissed in court.

George Cohen was a guest on the May 8 CNNfn show Street Sweep and discussed the complicity of law firms in accounting scandals. He explained the distinction between transactional lawyers who participate in the destruction of documents or other ongoing fraud and litigators who must defend crimes that have already taken place, and suggested that lawyers who facilitate wrongdoing be punished the same as their clients, through a combination of mechanisms including regulatory bodies such as the SEC, legal disciplinary boards, and criminal liability. Cohen was also quoted in a May 9 Oregonian article on a Portland law firm's involvement in the Enron scandal.

A.E. Dick Howard was quoted in an April 16 Associated Press story about U.S. District Judge Norman Moon's ruling that an 18th-century Virginia law banning churches from receiving corporate charters unconstitutionally restricted the free exercise of religion. He said that he had recommended removing the laws during the 1971 revision of Virginia's constitution, but that the General Assembly decided to keep the laws to maintain a rigorous separation of church and state.

The April 16 New York Times obituary of Justice Byron White included quotations from John Jeffries's 1999 U. Chi. L. Rev. review of a White biography, including his remarks on "how closely White's strengths and weaknesses as a judge echoed his talents as an athlete. A keen sense of contest dominated both contexts. In both, White was tough, hard-driving, and utterly purposive. In both, he shunned doubt." A month later, a May 19 New York Times op-ed piece on affirmative action included quotations from Jeffries's biography of Justice Lewis Powell, and his comments that the diversity of Virginia's student body is "a great victory for America."

David Martin was quoted in several stories on immigration issues, including a wire service story that appeared in the April 3 San Diego Union-Tribune and the April 4 Dallas Morning News on the use of local police officers to enforce immigration laws; an April 6 Virginian-Pilot article on whether American Taliban fighter Yasser Esam Hamdi would be tried in federal court or before a military commission; an April 20 Washington Post article on the Department of Justice's release of deportation case documents involving an anti-terrorism detainee; and an April 29 Los Angeles Times article on proposals to split the INS into two agencies. He commented in this last article on the dangers in separating the enforcement and service functions: "We need very close linkages between immigration enforcement and benefits. The problems of the agency have not primarily been problems of organization." At the same time, his op-ed piece on Congress's role in fixing the INS appeared in the April 29 Legal Times.

Jennifer Mnookin was quoted extensively in a May 26 New York Times article on the credibility of handwriting analysis as an investigative tool. "The courts are genuinely divided, which is a peculiar place to be on a kind of evidence that purports to be scientific," she said. Commenting on a new computer-based study of handwriting analysis, she said "The claim that everyone's writing is different has always been taken on faith. The computer part of it is kind of sexy, and the courts will probably be thrilled with it."

John Norton Moore appeared on the May 29 CNN program Moneyline to discuss lawsuits against states sponsoring terrorism, saying "We should remember that the effort here is to seek deterrents against terrorism. And we proceed with a variety of fronts, so there's no reason we shouldn't proceed aggressively with civil litigation."

A May 28 Los Angeles Times article on whether the Supreme Court would take a case involving cross-burning or other forms of intimidation included comments from Robert O'Neil. "What we do not have from the court is a clear definition of a true threat," he said. "At some point, they need to clarify that issue."

Dan Ortiz was quoted in several stories about his lawsuit against Virginia's ban on interstate shipment of wine, including the April 1 National Journal's Technology Daily and the April 9 Daily Progress. In the Progress article he argued that the state's protectionist legislation violates the Commerce Clause and that the case goes to the heart of economic freedom. "Imagine if they were doing this for books, telling you you can only buy yourself the ones that are sold in the state," he said. "Imagine if they were doing it for socks, or for underwear. Everyone would think, that's crazy."

A May 13 Chicago Daily Law Bulletin article on the politics of private legislatures discussed the history and revision of Article 2 of the UCC, noting that the current deadlocks were predicted in a 1995 article by Bob Scott and Alan Schwartz. The article also discussed Scott's forthcoming Louisiana Law Review article, "The Rise and Fall of Article 2," including his prediction that "even if the ALI and NCCUSL are eventually able to overcome their differences, Article 2 is likely to remain substantially unrevised. As a consequence, the statute Karl Llewellyn called the 'heart and soul' of the Uniform Commercial Code will inevitably become less relevant to the legal regulation of commercial sales transactions." Scott was also quoted in a May 15 Richmond Times-Dispatch article on the 6th Circuit's affirmative action decision, saying "I am certainly pleased by the decision. We have long held that the law school has a compelling interest in having a diverse student body. It's unassailable logic that diversity is for the benefit of all our students."

An April 27 Chicago Daily Law Bulletin article on the impact of the 7th Circuit on the legal landscape included comments from Tim Wu, a former clerk for Judge Richard Posner. He noted that the "7th Circuit is unquestionably seen as one of the most capable appellate courts in the country," and that "having four academics on the 7th Circuit makes it far more self-conscious of its social and private functions: that the courts makes public law at the same time as deciding private disputes." Although lawyers may not always appreciate that their cases are used to establish new rules of law, he added, "the nation as a whole needs judges who are dedicated to improving the legal machinery."

LILLIAN R. BEVIER
"Changing of The Guard at D.C. Legal Aid," May 6, 2002, Legal Times.
"The Practice," April 8, 2002, Connecticut Law Tribune.
"Legal Service Corporation," April 2, 2002, White House Weekly.

RICHARD J. BONNIE
"Ex-Stockbroker's Murder Trial To Start/Insanity Plea Planned by the Defense in Norfolk Killing," May 28, 2002, The Virginian-Pilot.
"Is Legal Incompetence an Easy Way To Get Away With Murder?", April 21, 2002, The Orlando Sentinel.
"Mentally Ill On Death Row Pose Quandary For The Law," April 15, 2002, Philadelphia Inquirer.

CURTIS BRADLEY
"Reparations for Slavery/Recalculating the Price of Human Bondage/Insurance Records May Aid Cause of Slave Descendants Who Want Compensation," April 14, 2002, San Francisco Chronicle.

JAMES CHILDRESS
"Eyes of Texas Fasten On Life, Death and the Premature Infant," April 30, 2002, The New York Times.

GEORGE COHEN
"Stoel Rives Memos Raise New Questions," May 9, 2002, The Portland Oregonian.
"Street Sweep," May 8, 2002, CNN.

A.E. DICK HOWARD
"Scholar Discusses Court Cycles/U.Va. Professor Sees Generational Trend in Justices' Decisions," May 4, 2002, The Daily Progress.
"Suit Challenges Redistricting Plan/Kilgore Attacks Ruling," (Associated Press) "Suit: Remap Plan Dilutes Black Voting in the 4th,", April 18, 2002, (Richmond Times-Dispatch).
"Salem Judge Dismisses Two Kilgore Motio," April 17, 2002, Richmond Times-Dispatch.
"Judge Finds Ban on Church Incorporation Unconstitutional," April 17, 2002, Associated Press.
"Stage Is Set for Appeal/Final Decree Entered in Redistricting Case," April 4, 2002, Richmond Times-Dispatch.

JOHN C. JEFFRIES Jr.

Law School Dean John C. Jeffries Jr. disputes the quotation unfortunately attributed to him in the New York Times May 20. The quoted fragment creates a misimpression for readers not familiar with admissions decisions at the Law School and its success in building a diverse, highly qualified entering class. In no case has any student ever been offered admission solely on the basis of race or ethnicity. The Law School's graduates, all of them, are people in whom the nation, the Commonwealth and the University can take great pride.

"How Much Weight Can Race Carry?", May 19, 2002, The New York Times.
"Byron R. White, Longtime Justice and a Football Legend, Dies at 84," April 16, 2002, New York Times.

PAUL LOMBARDO
"Robbed of the Promise of Life/Victim of VA.s Old Sterilization Law Says Amends Can't End Pain Over Loss," May 13, 2002, The Washington Post.
"Eugenics/Reproductive Wrongs/Carrie Buck's Case Led to Thousands of Forced Sterilizations in the U.S.," May 12, 2002, The Los Angeles Times.
"Warner Apologizes to Victims of Eugenics/Woman Who Challenged Sterilizations Honored," May 3, 2002, The Washington Post.
"Shameful Effort/Governor Apologizes for Sterilization Law," May 3, 2002, The Daily Progress.
"A Sad Reminder/Marker Honors State's First Eugenics Victim," May 3, 2002, Richmond Times-Dispatch.
"Virginia Governor Apologizes for Eugenics/Johanns Hasn't Examined Issue," May 2, 2002, AP story in Nebraska.
"Did Eugenics Foreshadow Genetic Engineering?", May 2, 2002, USA Today.
"Apology for Eugenics Set/Warner Action Makes Virginia First State to Denounce Movement," May 2, 2002. Richmond Times-Dispatch.
"Missourian Played Key Role in Old-Time Eugenics Movement," April 27, 2002, Kansas City-Star.
"Eugenics Gains Second Chance?/ New Age of Genetics Spurs Debate, April 27, 2002, Richmond Times-Dispatch.
Local Doctors Try Giving Test Results Over Voice Mail" and "Insurance Hassles Give Rise to Cash-Only Doctors," April 1, Virginian-Pilot.

DAVID A. MARTIN
"Skeptics Wary of Impending INS Split/Restructuring: Details Are Sketchy About How the To New Bureaus Would Be Organized," April 29, 2002, Los Angeles Times.
"Court Papers on Detainee Released/Justice Dept. Says It Will Still Withhold Information About Others," April 20, 2002, The Washington Post.
"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," April 6, 2002, Norfolk Virginian-Pilot.
"Local Police Role in Immigration Enforcement Studied/Proposal: The Justice Department Is Reportedly Considering the Major Shift in Policy," April 4, 2002, Riverside (Calif.) Press-Enterprise.
"U.S. May Let State, Local Authorities Enforce Federal Immigration Laws," April 4, 2002, Dallas Morning News.
"Local Police Role In Immigration Enforcement Studied," April 4, 2002, Press-Enterprise.
"Justice Department Eyes Local Cops to Enforce Immigration Laws," April 2, 2002, Copeley News Service.

JENNIFER MNOOKIN
"Prosecutors Hope New Study of Handwriting Analysis Will Silence Critics," May 26, 2002, The New York Times.

JEFFREY O'CONNELL
"No-Fault Auto Insurance," April issue, III Insurance Issues update.

ROBERT M. O'NEIL
"A Burning Cross May Get Justices' Attention," May 28, 2002, The Los Angeles Times.
"The Nation," May 28, 2002, Los Angeles Times.
"Charlottesville Live" guest, May 28,2002, WINA.

DANIEL R. ORTIZ
"Virginians Claim Right to Wine/Groups Support Decision to Allow Direct Shipping," April 26, 2002, Richmond Times-Dispatch.
"Lawyers Agree To Delay in ABC Case," April 1, 2002, Daily Progress
"Clearing the Way For Out-of-State Wine/ABC Stores Soon May Stock Non-Virginia Alcohol If Ruling Stands," April 9, 2002, Daily Progress.
"Coalition for Free Trade Comments On Federal Judge's Ruling That Virginia's Ban on Wine Direct Shipping is Unconstitutional," April 1, 2002, Business Wire.
"Courts: Wine Ruling May Have Little Impact on Other E-Commerce," April 1, 2002, National Journal's Technology Daily.

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