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February 2008

Best Practices for Talking under Reg FD - February 26 - Compliance Week - Gary Brown, adjunct professor of law and head of the corporate department at Baker Donelson Bearman Caldwell & Berkowitz, is featured  in this discussion of Regulation Fair Disclosure, and a link to Brown's Template Reg PD Policy is included.

Customers leave pieces of themselves when they quit Internet services - February 15, 2008 - Wavlength - Minnesota Public Radio’s technology blog features a short interview with Steven Hetcher, professor of law, about the practice of retaining user-generated content even when the creator no longer wishes to be a member of a site.

Federal witness unveiled - February 9, 2009 - The Chattanooga Times-Free Press - Nita Farahany, assistant professor of law, is quoted in this article about the complications of revealing the identity of an anonymous witness in a federal case.

War of words over water - February 8, 2008 - The Chattanooga Times-Free Press - Tennessee would lose parts of East Ridge, Chattanooga and other areas if Georgia lawmakers, angling for Tennessee River access, are successful in moving a border set in 1826. James Ely, Underwood Professor of Law and History, is quoted.

Historic choice creates dilemma for Democrats - February 3, 2008 - The Tennessean - Democratic women and African Americans, in particular, find choosing between Sens. Hillary Clinton and Barack Obama in the presidential primaries especially difficult. Carol Swain, professor of law and political science, is quoted.

Americans weigh racial impact of 2008 election campaign - February 2, 2008 - Voice of AmericaCarol Swain, professor of law and political science, comments on the historic implications of Sen. Barack Obama’s strong campaign for the Democratic presidential nomination.

Fair disclosure rule a work in progress seven years later - February 1, 2008 - CNNMoney.com - Sun Microsystems has once again made an interesting interpretation of an SEC rule guaranteeing that everyone gets equal, timely access to information that can affect stock prices. Gary Brown, adjunct professor of law, is quoted.

January 2008

Tenn. leads nation in personal bankruptcy rate - January 31, 2008 - Associated Press - A new report from the National Bankruptcy Research Center shows that more than 38,500 Tennessee households filed for bankruptcy in 2007. William Norton, adjunct professor of law and bankruptcy expert, is quoted.

Grace bets on winning asbestos lawsuits - January 28, 2008 - The Washington Post - Over the years, industrial companies have agreed to pay tens of billions of dollars to resolve asbestos lawsuits. W.R. Grace, pushed into bankruptcy, is now trying the novel approach of asking a bankruptcy judge to declare many of the roughly 100,000 claims it faces to be invalid. Richard Nagareda, professor of law and expert in mass torts, is quoted.

Maybe SRI investors should settle for lower returns and more satisfaction – January 28, 2008 - The Christian Science Monitor -  For some conscientious investors who deploy capital in part to tackle thorny social and environmental problems, the time may have come to adopt a new goal: lowering expectations for financial returns. Margaret Blair, professor of law, is quoted.

Bittersweet Pill: Merck's Vioxx settlement highlights a winning legal strategy - January 2008 - Inside Counsel - Merck's strategy of settling most of its remaining Vioxx claims does not, according to Merck's former general counsel, represent a change in strategy. Richard Nagareda, professor of law and expert in mass torts, is quoted.

The Rainbow Coalition evaporates - City Journal - Winter 2008 - Black anger grows as illegal immigrants transform urban neighborhoods. Carol Swain, professor of law and political science, is quoted. The article was also adapted for publication in the New York Post.

In Vioxx settlement, testing a legal idea: A lawyer's loyalty - January 22, 2008 - New York Times - The idea that lawyers must represent one client at a time, give independent advice, follow instructions and act with fierce and single-minded loyalty is somewhat outdated, legal scholars say. Richard Nagareda, professor of law and expert in mass torts, comments.

A slavery apology, but debate continues - January 13, 2008 - New York Times - Last week, when the New Jersey Legislature formally apologized for slavery, it joined only two other states to express more than regret. Carol Swain, professor of law and political science, is quoted.

Minority vote moves center stage - January 12, 2008 - Associated Press
Carol Swain, professor of law and political science, is quoted in this article about how people of color may vote in the upcoming presidential election. This story ran on ABC News and in the Boston Globe and Washington Post.

View panel discussion of the Vioxx settlement featuring mass torts expert Richard Nagareda - January 9, 2007 - C-Span

Mathematician proposes another way of divvying up the U.S. House - January 8, 2008 - Nature - The online edition of the journal Nature features a discussion of a novel overhaul of the distribution of congressional representatives proposed by Paul Edelman, professor of law and mathematics.

Appeals court backs judge in Wecht case - January 4, 2008 - Pittsburgh Post Gazette - A federal appeals court has rejected a request by former Allegheny County Coroner Dr. Cyril H. Wecht to remove the judge overseeing his case. Nancy King, Lee S. and Charles A. Speir Professor of Law, is quoted.

Lawyers get millions challenging HCA deal, while plaintiffs get nothing - January 2, 2008 - The Tennessean - Approved settlements of lawsuits related to HCA Inc.'s going-private deal that netted the plaintiffs' lawyers a total of $12.4 million in legal fees but provided no cash payments to the plaintiffs themselves. Rather, Nashville-based HCA, the nation's largest for-profit hospital chain, \agreed to make changes in the structure of the deal concluded just over a year ago. Randall S. Thomas, the John S. Beasley II Professor of Law and Business at Vanderbilt University Law School, is quoted.

Veteran prosecutor takes on the worst juvenile offenders - January 2, 2008 - The Tennessean -  Criminal law expert Nita Farahany, assistant professor of law and philosophy, comments on the impact of the Supreme Court's decision in Payne v. Tennessee, which found that a defendant's right to a fair trial was not violated when prosecutors allow victims to tell courts how much pain and suffering the crime caused.

December 2007

With judicial selection finalists up for renewal, debate proceeds in earnest - December 27, 2007 - The Memphis Daily News - At a forum this month sponsored by the Memphis Lawyers' Chapter of The Federalist Society, Assistant Professor of Law Brian T. Fitzpatrick was among those arguing the state’s Judicial Selection Commission is unconstitutional.

Judge suspends execution of Reid - December 27, 2007 - The Tennessean - Convicted serial killer Paul Dennis Reid will become the state's latest death row inmate to benefit from questions concerning the constitutionality of Tennessee's and other states' lethal injection method. Nita Farahany, assistant professor of law and philosophy, is quoted.

A line in the dust - December 21, 2007 - Forbes.com - Asbestos lawyers have had their way with bankrupt companies so far, but W.R. Grace hopes to change all that. Richard Nagareda, professor of law and expert in mass torts, is quoted.

Can evidence finally bring justice? - December 10, 2007 - The Tennessean - New evidence may link the deaths of a Vanderbilt student and a 9-year-old Nashville girl in 1975 to the same murderer. Nita Farahany, assistant professor of law, is quoted.

Guantánamo and the Supreme Court: The most important habeas corpus case in modern history - December 5, 2007 - The Huffington Post -  The Supreme Court prepares to consider whether the detainees at Guantánamo have habeas corpus rights. Suzanna Sherry, Herman O. Loewenstein Professor of Law, is quoted.

All your health worries solved - December 2007 - Men's Health - W. Kip Viscusi, University Professor of Law, Economics and Management, is quoted in this article about men's health risks.

November 2007

Jurors ordered to hearing on bias remarks - November 30, 2007 - New York Times -
A Superior Court judge has ordered a jury that convicted a black man of the rape and murder of a white fashion writer in 2002 on Cape Cod back to court for a rare public hearing to consider whether racial bias influenced the verdict. Nancy King, the Lee S. and Charles A. Spier Professor of Law, is quoted.

Court to decide detainees’ rights - November 26, 2007 - USA Today - Supreme Court justices will hear a dispute next week over the rights of Guantanamo detainees that presents a fundamental question of prisoners' ability to be heard in court. Suzanna Sherry, Herman O. Loewenstein Professor of Law, is quoted.

Mass Torts in a World of Settlement, featured podcast with Professor Richard Nagareda - November 20, 2007 - Legal Broadcast Network - LBN host Scott Drake conducts an in-depth interview with Professor Richard Nagareda about the mass tort system and its impact on the practice of law.

When a pack of cigarettes costs $222 - November 16, 2007 - New York Times "Freakonomics" blog - Research by W. Kip Viscusi and Joni Hersch that puts a "private mortality cost" of $222 per pack of cigarettes smoked by men and $94 per pack for women (in 2006 dollars) is featured in Stephen J. Dubner's "Freakonomics" blog.

Vioxx plaintiffs’ choice: Settle or lose their lawyer - November 16, 2007 - The Wall Street Journal - Plaintiffs in the Vioxx case are supposed to be able to choose whether to enroll in the settlement, but lawyers say an unusual provision in the settlement agreement means plaintiffs may have little choice but to accept the deal.Richard Nagareda, professor of law, is quoted.

Merck agrees to blanket settlement on Vioxx - November 10, 2007 - The Washington Post - Merck & Co. agreed to pay $4.85 billion to settle thousands of cases brought by people who suffered heart attacks and strokes after taking its Vioxx painkiller, validating a forceful defense strategy in one of the nation's largest and most widely publicized drug recalls. Richard Nagareda, professor of law, is quoted. The story also appears in The Houston Chronicle.

More on Vioxx: “Mass Torts In a World Of Settlement” - Nov. 9, 2007 - WSJ Law Blog - Richard Nagareda's comment on the Vioxx settlement is featured by Peter Lattman in the Wall Street Journal's Law Blog, and his recently released book, Mass Torts in a World of Settlement, is mentioned.

October 2007

FTC still fighting Wild Oats takeover - October 25, 2007 - Associated Press - Federal regulators are continuing their legal efforts to block Whole Foods' $565 million takeover of rival Wild Oats, despite the deal's closing in late August. Steven Douse, adjunct professor of law, is quoted.

Mistrial declared in Islamic charity case - October 23, 2007 - Washington Post - Federal prosecutors in Dallas were unable to gain a conviction on charges that a Muslim charity’s leaders had funneled millions of dollars to Mideast terrorists. David Zaring, visiting professor of law, is quoted.

Trial over fatal kicking of dog starts today - October 22, 2007 - The Tennessean - Jury selection is set to begin for Chad Crawford, the man accused in the kicking death of Gizmo, a 2-pound miniature Yorkshire terrier. Nita Farahany, professor of law and philosophy, is quoted.

Why U.S. citizenship test should be this demanding - October 21, 2007 - The Tennessean - An opinon piece about the revised citizenship test by immigration law expert Linda Rose, adjunct professor of law.

What chimpanzees can teach us about economics - October 15, 2007 - PhysOrg.com -
A new study co-authored by Owen Jones, professor of law and biology, uncovered the first evidence that, like humans, chimpanzees favor items they just received more than items they normally prefer that they could get through exchange.

Secrets of brain could reshape the courtroom - October 9, 2007 - St. Louis Post-Dispatch - New techniques to peer into the human brain could shake up the legal system in ways not seen since the advent of DNA testing. Owen Jones, professor of biological sciences and FedEx Research Professor of Law and co-director of one section of the MacArthur Foundation's new Law and Neuroscience Project, is quoted throughout this story on the Law and Neuroscience project to investigate the biological influences on criminal behavior, in which 25 universities are participating.

Southern Hills sued for discrimination - October 4, 2007 - Nashville City Paper - The Equal Employment Opportunity Commission has filed a suit alleging that Southern Hills Medical Center of Nashville unlawfully discriminated against an Islamic employee who took time off to make a pilgrimage to Mecca. Employment law expert Robert Belton, professor of law, is quoted.

Nagareda - Mass Torts in a World of Settlement - October 1, 2007 - Pointoflaw.com - Richard Nagareda's newly released book is mentioned by Walter Olson on the Manhattan Institute's "Point of Law" site.

September 2007

Metro arrest records remain public - September 29, 2007 - The Tennessean - On Friday a federal judge ruled that Metro police may continue to make public the names of people who've been arrested, whether they are music stars charged with drunk driving or gang members accused of murder. James Blumstein, University Professor of Constitutional Law & Health Law & Policy, was one of the lawyers arguing the case.

Advocate of paying chiefs well revises thinking - September 28, 2007 - The New York Times - Corporate compensation expert Margaret Blair is quoted in an article about Michael C. Jensen, an early architect of bigger-than-life compensation packages for corporate chief executives, who is now trying to fix flaws in CEO compensation systems that reward mediocre performance.

Tennessee may delay 3 executions - September 26, 2007 - The Tennessean - Nita Farahany, assistant professor of law and philosophy, is quoted in an article addressing the impact of a Supreme Court decision to hear a case addressing whether execution by lethal injection violates a prisoner's right not to suffer cruel and inhuman punishment.

When is a class action superior to multiple individual lawsuits? - September 25, 2007 - FindLaw.com blog by Anthony Sebok, Centennial Professor of Law and Associate Dean for Research at Brooklyn Law School, discusses Vanderbilt Law Professor Richard Nagareda's newly released book, Mass Torts in a World of Settlement.

Judge Young subject of judicial conduct review - September 21, 2007 - Maryville Daily Times - Linda Rose, adjunct professor and founder, Rose Immigration Law Firm, is quoted in an article examining judicial conduct related to a domestic abuse case filed by a legal immigrant from Nicaragua.

Blackwater fight tests U.S. view of Iraq - September 18, 2007 - Associated Press - Michael Newton, an expert in conduct of hostilities, is quoted in an article focusing on the role of a private U.S. security firm in a deadly gun battle.

Immigration Myopia in Virginia - September 9, 2007 - Washington Post - Carol Swain, professor of law and political science, is quoted in an opinion piece by William and Mary Professor George W. Grayson about the need for Virginia Democrats to engage in serious debate about the issue of illegal immigration.

August 2007

Debating the viability of terrorism-prediction markets - August 21, 2007 - The Chronicle of Higher Education - In a recent interview with the Federal Reserve Bank of Richmond, W. Kip Viscusi, Distinguished Professor of Law, Management, and Economics, is asked about the public-policy response to the threat of terrorism

Liberia: Revoked asylum - Why Taylor can't sue Nigeria - August 21, 2007 - AllAfrica.com-- Former Prosecutor of the Special Court for Sierra-Leone (SCSL) David Crane has said the 2003 peace deal that granted asylum to former President of Liberia, Charles Taylor in Nigeria, had no legal effect under international law and cannot be a basis for instituting legal proceedings against the country. Michael Newton, acting clinical associate professor of law, is quoted. The story was also published in This Day (Nigeria).

Blacks may tilt mayor race - August 20, 2007, The Tennessean - African-American voters could be a key swing vote in Nashville's mayoral runoff election, and former U.S. Rep. Bob Clement might hold an edge over former Metro Law Director Karl Dean, '81, election data show. Carol Swain, professor of law and political science, is quoted.

Ex-Marine denies fault in deaths - August 17, 2007 - The Riverside Press Enterprise (California) - A former Riverside police officer accused of killing two unarmed insurgents while on duty as a Marine squad leader in Iraq proclaimed his innocence after his first appearance in federal court Thursday. Michael Newton, acting associate clinical professor of law, is quoted.

Trooper on governor’s security detail investigated - August 10, 2007 - Associated Press - A state trooper who works on Gov. Phil Bredesen’s security detail is being investigated by the attorney general’s office after being accused of harassing contractors working to restore the governor’s mansion. Criminal law expert Susan Kay, Associate Dean for Clinical Affairs, is quoted

Milberg's Case for Kickbacks - August 4, 2007 - Wall Street Journal - In May 2006, Milberg Weiss and two of its then top partners were indicted for allegedly sharing legal fees with clients to induce them to serve as plaintiffs in scores of class actions and other shareholder suits. Now, class-action experts are asking: Are payments to clients really so bad? Complex litigation expert Richard Nagareda, director of the Litigation & Dispute Resolution Program, is quoted.

July 2007

Interview: W. Kip Viscusi - July 25, 2007 - Region Focus (Federal Reserve Bank of Richmond, Virginia - Spring 2007 edition)-- Q&A with W. Kip Viscusi, University Distinguished Professor of Law, Economics, and Management, about risk and measures aimed at improving public safety.

Dads pay support for other men's kids - July 22, 2007 - The Tennessean - July 22, 2007 - The Tennessean -- DNA technology, best known for its use in criminal investigations, is reshaping child-support and custody cases across Tennessee. Ellen Clayton, professor of pediatrics and professor of law, is quoted.

Unnamed until proven guilty? - July 22, 2007 - The Tennessean -- A 34-year-old lawsuit playing out in federal court here involves whether a judge should order Metro police to conceal the names of people arrested until they are convicted. James Blumstein, University Professor of Constitutional Law & Health Law & Policy, is involved in the case.

Case started with job applicant worried about his past - July 22, 2007 - The Tennessean -- Vanderbilt University law professor James Blumstein brought the case of John Doe v. Beverly Briley et al. in 1973 on behalf of a client who was interested in getting a Metro job but feared officials would hold an arrest record against him, whether he had been convicted or not.

Fighting 'free riders' costing manufacturers - July 21, 2007 - The Tennessean - Luke Froeb, professor of management at Vanderbilt's Owen Graduate School of Management, writes this opinion piece about the Supreme Court reversing a decision and allowing manufacturers to set minimum prices for their products.

Thumbs Up For Murdoch - July 18, 2007 - Forbes--Rupert Murdoch’s News Corp. secured the support of the Dow Jones board late Tuesday for its offer to buy the parent of The Wall Street Journal for $5 billion in cash. Margaret Blair, professor of law, is quoted.

Law and the Brain - book review, July 17, 2007 - Metapyschology--This book review of Law and the Brain refers to two introductory essays by Erin O’Hara, professor of law, and by Owen Jones, professor of law and professor of biology.

Vandy prof: Split up the 9th Circuit, cut down the wackiness - July 12, 2007 - The Wall Street Journal (law blog)--The Supreme Court reversed more opinions from the 9th Circuit than any other. Brian Fitzpatrick, assistant professor of law, and the opinion piece he wrote for The Los Angeles Times, are quoted.

Court faults buyouts - July 12, 2007 - The Wall Street Journal--The private-equity buyout boom has found critics in Congress and among some investors recently. Robert Thompson, New York Alumni Chancellor's Chair Professor of Law and professor of management, is quoted, and opinions by Vice Chancellor Leo Strine, a member of Vanderbilt's adjunct law faculty, are discussed.

Re-engineering the J.D. - July 2007 - The American Bar Association Journal--Law schools are examining how much practical experience to build into their curriculum, replacing the old Socratic methods. Vanderbilt Law School Dean Edward Rubin is quoted.

Professor, police argue in court over public's access to arrest records - July 12, 2007 - The Tennessean--Metro's practiceof releasing the names of people who have been arrested has been challenged in court, in a case that pits the public's right to know about those arrests against the privacy rights of the people who have been arrested. James Blumstein, University Professor of Constitutional Law and Health Law and Policy, is leading the case against Metro.

Selmer plaintiffs could get millions - July 6, 2007 - The Jackson Sun. Claims in the Selmer car show tragedy could total hundreds of millions of dollars. Tort expert John Goldberg, associate dean for research at the Vanderbilt Law School, is quoted.

Nashville group wants to buy NHL team - July 9, 2007 - The Nashville Business Journal--A local group of Nashville businesspeople is about to enter into a confidentiality agreement with the Predators. Robert Thompson, professor of corporate law, said the confidentiality agreement is a sign of a friendly bid for ownership.

Court sets stage for race-neutral schools -July 9, 2007 - The Tennessean -Carol Swain, professor of political science and law, addresses the recent Supreme Court ruling on school desegregation in this opinion piece, saying it “nudges the nation further along the path of race-neutral decision-making in the educational arena.”

Neurobiology making its way into trial evidence - July 3, 2007 - Law Times -- As our knowledge of brain structure and function increases, a new type of scientific evidence is starting to enter the courts. But interpreting that evidence is tricky. Owen Jones, professor of law and biology, is quoted.

June 2007

High court overturns century-old antitrust rule - June 29, 2007 - The Washington Post--The U.S. Supreme Court yesterday overturned a nearly century-old ruling that prohibited manufacturers from dictating the minimum prices retailers must charge for their goods, saying such agreements could spark competition rather than stifle it. James Blumstein, University Professor of Constitutional Law and Health Law and Policy, is quoted.

Court Trying Former Liberian Leader Seeks Funds - June 6, 2007 - USA TODAY--The special court trying former Liberian president Charles Taylor on war crimes charges is in danger of running out of money before his trial ends in The Hague, Netherlands. Michael Newton, acting associate clinical professor of law, is quoted.

Listen to a Voice of America interview with Michael Newton about the trial of former Liberian president Charles Taylor - Originally broadcast June 4, 2007

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