In the News Archive

July 2011

Chronicle of Higher Education: Casual references to violence bring serious consequences for college instructors - July 31, 2011 - Like airports, college campuses have become places where one can get a lot of negative attention by making any reference—no matter how offhand or joking—to having or intending to use a weapon. But the quickness with which some colleges are removing or disciplining faculty members who make such statements is troubling to some advocates of free speech and academic freedom. David Hudson, adjunct professor of law and researcher at the First Amendment Center, is quoted.

Nashville Scene: In Judge Carol Soloman’s volatile courtroom, critics say it’s the court that shows contempt - July 28, 2011 - This profile of Judge Carol Soloman of Davidson County’s 8th Circuit Court, 20th Judicial District, includes comments from Terry Maroney, associate professor of law, about legal theory on judicial conduct.

Wall Street Journal: Court backs treatment for Loughner - July 26, 2011 - Concerns that accused Tucson shooter Jared Loughner is suicidal have cleared the way for federal authorities to forcibly administer antipsychotic drugs that could restore his ability to stand trial and possibly face the death penalty. Christopher Slobogin, professor of law, is quoted.

National Public Radio: Deaths could challenge Norway’s views on justice - July 25, 2011 - If the shooting and bombing rampage that killed dozens of people in Norway last week had happened in the United States, the man who confessed to the assault could be facing the death penalty. Instead, the maximum sentence Anders Behring Breivik faces — at least initially — is 21 years, although the court could theoretically extend his sentence in five-year increments if he is still deemed a threat to society. Michael Newton, professor of the practice of law and expert in international law, is quoted.

The Tennessean: For legal experts, insanity plea on trial in Little Rock - July 24, 2011 - Terrorism and legal experts are watching closely to see how an insanity defense plays with an Arkansas jury in the case of Abdulhakim Muhammad, who opened fire on a Little Rock Army recruiting station in 2009, killing one soldier and wounding another. Michael Newton, professor of the practice of law and expert in terrorism law, is quoted.

Nashville Scene: Law and disorder - July 21, 2011 - The perceived injustice of the Caylee Anthony case has inspired a familiar response: new legislation intended to correct what is perceived to be a gap in the law. Terry Maroney, associate professor of law, has studied the role of emotion in legislation and is quoted.

Miller McCune: Exploring grays in a black-and-white world - July 19, 2011 - The Invisible Line: Three American Families and the Secret Journey from Black to White by Daniel Sharfstein, assistant professor of law, is one of two recent books reviewed here that examine the history of race in America.

Grantland: The Grantland Top Five: Video-game smack talk, D.C.-area private eyes, and the rest of the week in sports and culture - July 15, 2011 - David Hudson, adjunct professor of law and research attorney for the First Amendment Center, comments on the case of former Nebraska and Arizona State quarterback Sam Keller, who in 2009 filed a lawsuit against EA Sports claiming that the makers of the NCAA Football video game were using his likeness without his permission, and that they were directly profiting off his name.

Nature: Newborn screening: a spot of trouble - July, 13, 2011 - The practice of acquiring a blood sample from newborns is seen by critics as a violation of privacy rights, but supporters say it is essential to public health programs and research that saves lives. Whether the consent of parents is needed and when and how that would be given is central to the discussion. Ellen Wright Clayton, Craig-Weaver Chair in Pediatrics and director of the Center for Biomedical Ethics and Society, is quoted on the need for educating parents and the public

FedSoc Blog: New SCOTUScast: Wal-Mart v. Dukes - July 12, 2011 - Brian Fitzpatrick, associate professor of law, discusses a recent Supreme Court decision in the case of Wal-Mart v. Dukes that could affect how classes are defined in class-action suits. (Audio)

The Tennessean: ‘Contributor’ pursues lawsuit against Brentwood - July 11, 2011 - The Contributor, a street newspaper sold in the Nashville area by the homeless and formerly homeless, will press a lawsuit against the city of Brentwood even though the city is in the process of amending an ordinance to allow vendors to sell newspapers on sidewalks. James Blumstein, University Professor of Constitutional Law and Health Law and Policy, is quoted.

Washington Post: Column: The book that can help you leap barriers to financial success - July 10, 2011 - Author Gay Hendricks says the “upper-limit problem” leads people to sabotage their own success. They reach an upper limit of security in wealth, work or relationships and then do something that wrecks it all, writes columnist Michelle Singletary. Research by Paige Skiba, assistant professor of law, into the effect of modest lottery winnings on personal finances is mentioned.

Nashville Scene: Freedom for sale - July 7, 2011 - According to federal suit filed against the city of Brentwood, First Amendment rights were violated in January, when Brentwood officials issued citations to seven vendors of the Contributor, a newspaper produced and distributed by the homeless. James Blumstein, University Professor of Constitutional Law and Health Law and Policy, is quoted.

MSNBC: A user’s guide to the debt debate - July 6, 2011 - President Barack Obama and Republican congressional leaders are locked in a tense standoff over how much spending and debt the federal government can afford. James Ely, professor of law and Milton R. Underwood Chair in Free Enterprise, emeritus, is quoted.

City Paper: State Supreme Court ruling could yield increased alimony awards - July 4, 2011 - The Tennessee Supreme Court is about to decide a lawsuit that could open the door to the awarding of more alimony in divorce cases, even for spouses who already make good livings on their own. Kelly Lise Murray, instructor in law and director of the Vanderbilt Collaboration Project, is quoted.

Associated Press: Fellows study effects of major civil rights ruling - July 1, 2011 - Daniel Sharfstein, associate professor of law, is among winners of a fellowship created to mark the Supreme Court’s Brown v. Board of Education decision. Sharfstein is studying attorneys who argued against civil rights cases.

June 2011

The Tennessean: Homeless paper sues Brentwood - June 30, 2011 - Middle Tennessee street newspaper The Contributor sued the city of Brentwood on Wednesday, claiming that an effort to clear newspaper vendors off its streets deprives them of free speech. David Hudson , adjunct professor of law and scholar at the First Amendment Center, is quoted.

Cleveland County (N.C.) Star: Cleveland County lawmakers want to restrict Westboro military funeral protests - June 29, 2011 - After protesters’ plans to picket a fallen Marine’s memorial fizzled this week, state lawmakers from Cleveland and Gaston counties say they’ll draft a bill to shield grieving families as they lay loved ones to rest. David Hudson , adjunct professor of law and scholar at the First Amendment Center, is quoted.

Wall Street Journal: Loughner’s attorneys seek to halt forced medications - June 27, 2011 - Attorneys for Jared Loughner, accused shooter of Rep. Gabrielle Giffords and 18 others, have filed an emergency motion to block federal authorities from forcibly medicating their client with anti-psychotic drugs. Christopher Slobogin, the Milton R. Underwood Chair in Law, is quoted.

The Tennessean: Nazi victim’s Nashville heir to be paid - June 27, 2011 - Professor of Economics Emeritus Fred Westfield and his relatives will be compensated by a Boston art museum for a valuable painting seized by the Nazis that was either sold or smuggled into the United States during the war. Jeffrey Schoenblum, Centennial Professor of Law, is quoted; he represented the family in the case with co-counsel Overton Thompson III '84 of Bass Berry & Sims.

Chicago Tribune: Opinion: Big Brother gets really ugly - June 26, 2011 - The point of graphic new cigarette warning labels is not to ensure that potential and actual smokers understand the hazards of the habit and make an informed choice. The point is to get people to avoid cigarettes whether they want to or not, writes columnist Steve Chapman. Research by W. Kip Viscusi, University Distinguished Professor of Law, Economics, and Management, is mentioned.

National Journal: Wal-Mart decision will increase number, cost of class-action lawsuits - June 24, 2011 - A Supreme Court ruling on Monday that 1.5 million women cannot join together in a class-action lawsuit accusing Wal-Mart of sex discrimination has the potential to raise the scope and cost of litigation across the country as plaintiffs are forced to pursue smaller, more targeted suits. Brian Fitzpatrick, associate professor of law, is quoted.

Houston Chronicle: Confederate Texas plate is one vote short - June 24, 2011 - David Hudson , adjunct professor of law and scholar at the First Amendment Center, is quoted in an article about the Sons of Confederate Veterans' campaign to gain approval to produce a Texas specialty license place bearing its logo, which features the Confederate flag.

WSOC(ABC) - June 23, 2011 - Charlotte, N.C. - David Hudson , adjunct professor of law and scholar at the First Amendment Center , is quoted in a discussion of funeral protest laws designed to prevent groups such as the Westboro Baptist Church from disrupting funerals. (Read)

Thompson Reuters: Westlaw: Nagareda’s ghost: the professor who influenced Dukes ruling - June 23, 2011 - The U.S. Supreme Court’s majority opinion in Wal-Mart v. Dukes was influenced directly by the work of the late Richard Nagareda, David Daniels Allen Distinguished Professor of Law and director of the Cecil D. Branstetter Litigation and Dispute Resolution Program. As class action lawyers begin to assess how the Dukes opinion will impact cases outside the realm of employment law, Nagareda’s friends and admirers are calling the Court’s opinion a tribute to his scholarship.

Public Radio International: The Takeaway: First Amendment rights for students on FB and MySpace? - June 22, 2011 - David Hudson, adjunct professor of law and scholar at the First Amendment Center, was interviewed for this syndicated radio show about a recent Pennsylvania court case that examines the extent that schools can or should regulate student speech on social media sites.

New York Times: Justices rule for Wal-Mart in class-action bias case - June 21, 2011 - The Supreme Court on Monday threw out an enormous employment discrimination class-action suit against Wal-Mart that had sought billions of dollars on behalf of as many as 1.5 million female workers. Brian Fitzpatrick, associate professor of law, is quoted here and in related stories for the Christian Science Monitor: Supreme Court rules in Wal-Mart’s favor: How the sides are reacting and USA Today: Supreme Court limits Wal-Mart sex discrimination case.

Thompson Reuters: Westlaw: Tobacco companies seek to stop rollout of new label requirements - June 21, 2011 - Tobacco companies argue that graphic new package-labeling requirements violate their First Amendment rights to communicate with adult tobacco consumers about their products. David Hudson, adjunct professor of law and scholar at the First Amendment Center, is quoted.

The City Paper: Anti-gay bias ordinance creates questions of business, bigotry - June 19, 2011 - A lawsuit filed against the governor last week by gay rights activists and three Metro Council members contends that a new state law nullifying Nashville’s gay-rights ordinance violates the Constitution’s equal protection clause because its only purpose is to deny gay people the right to seek legal protection from discrimination. Suzanna Sherry, Herman O. Loewenstein Professor of Law, is quoted.

New York Daily Record: Legislator’s vote not considered free speech - June 14, 2011 - In the case of Nevada Commission on Ethics v. Michael A. Carrigan, the U.S. Supreme Court on Monday upheld a Nevada state ethics law prohibiting legislators from voting on matters they have an interest in or are affected by. David Hudson, adjunct professor of law, is quoted.

Wall Street Journal: Open-records laws make contacts by officials the public’s business, too - June 13, 2011 - Former Alaska Governor. Sarah Palin is only the latest political figure to endure the public release of their communications in office—and likely won’t be the last. Wide-ranging state freedom of information (FOIA) laws, as well as policies regulating the use of government-issued equipment, can compel governors to release emails, text messages or other forms of communication. David Hudson, adjunct professor of law and research attorney at the First Amendment Center, is quoted.

ABC.com: Eight class action settlements for products you may already own - June 9, 2011 - A growing number of consumers are tapping into class-action court settlements reached with manufacturers and service providers as a source of free money. Brian Fitzpatrick, associate professor of law, is quoted.

Reporters Committee for Freedom of the Press: Tennessee law could criminalize offensive Web images - June 9, 2011 - Legal experts are warning that a Tennessee bill signed into law earlier this month could subject news organizations to criminal prosecutions if they publish crime scene photographs, biting political cartoons or anything else that might upset people. David Hudson, adjunct professor of law and research attorney at the First Amendment Center, is quoted.

Daily Caller: Federal data shows troubling unemployment, underemployment trends - June 10, 2011 - Less than half of African-American men now have full-time jobs, and less than half of all white men will have full-time jobs in 2018, according to post-2000 trends hidden in federal population and workforce data. Carol Swain, professor of law and political science, is quoted.

Associated Press: Tennessee Supreme Court considers paternity fraud - June 7, 2011 - The Tennessee Supreme court has agreed to hear a case that could decide whether a man has legal grounds to sue for being duped into supporting a child that turns out to be fathered by someone else. Ellen Wright Clayton, director of the Center for Biomedical Ethics at Vanderbilt, is quoted.

Washington Examiner: Opinion: Are Obamacare’s Medicaid provisions unconstitutional? - June 6, 2011 - On Wednesday the Eleventh Circuit Court of Appeals will hear arguments in the appeal from federal District Judge Roger Vinson’s ruling in a case brought by 26 states that President Obama’s health care reform legislation is unconstitutional. James Blumstein, University Professor of Constitutional Law and professor of health law and policy, has filed an amicus curiae brief in the case.

Death Penalty NewsBlog: Florida: 12-year-old faces life without parole - June 6, 2011 - Christian Fernandez, 12, is youngest person in Jacksonville history to face first-degree murder charges. And if convicted, he faces life without parole. Christopher Slobogin, the Milton Underwood Chair in Law, is quoted.

Florida Times-Union (Jacksonville, Fl.): ‘Baby-faced’ boy’s case highlights debate about trying juveniles - June 5, 2011 - Christian Fernandez, 12, is youngest person in Jacksonville history to face first-degree murder charges. And if convicted, he faces life without parole. Terry Maroney, associate professor of law, is quoted.

Cape Cod Times: Former Bourne firefighter sues over termination - June 4, 2011 - Free speech experts are split on whether the firefighter who criticized the fire department, the town and other Bourne residents had a First Amendment right to do so. David Hudson, adjunct professor of law and scholar at the First Amendment Center, is quoted.

The Tennessean: TN Supreme Court may shape alimony - June 3, 2011 - The Tennessee Supreme Court soon will decide whether a woman already earning $72,000 a year should get $15,000 a year in alimony for the rest of her life or until she remarries. The case could determine how money is awarded in divorce cases across the state. Kelly Lise Murray, Director of Professional Education and the Vanderbilt Collaboration Project, is quoted.

Salon: Does machismo cause rape? - June 1, 2011 - The arrest of Dominique Strauss-Kahn, and the conspiracy theorizing and sympathy he garnered in response, has reportedly inspired some cultural soul-searching in France, raising the question of whether there is an actual connection between an environment of machismo and rape. Owen Jones, New York Alumni Chancellor’s Chair in Law and professor of biological sciences, is quoted.

May 2011

CQ Researcher: Class Action Lawsuits: Will the Supreme Court approve the Wal-Mart case? - May 31, 2011 - The Supreme Court justices heard arguments on March 29 on the question of whether to certify as a class action the suit filed in 2001 on behalf of Dukes and five other named plaintiffs. Brian Fitzpatrick, associate professor of law, is quoted.

Associated Press: Tennessee. eases requirements for search warrants - May 30, 2011 - Law enforcement agencies in Tennessee may have an easier time in obtaining search warrants under a new law that prosecutors say will make the process more flexible. Christopher Slobogin, Milton R. Underwood Chair in Law, is quoted. Slobogin was also quoted in The Tennessean.

C-SPAN Radio: Hurley v. the Irish American Gay, Lesbian, and Bisexual Group of Boston (1995) - May 28, 2011 - David Hudson, adjunct professor of law and scholar at the First Amendment Center, is interviewed about the case where, in 1993, the South Boston Allied War Veterans Council was authorized by the city of Boston to organize the St. Patrick's Day Parade. The Council refused a place in the event for the Irish American Gay, Lesbian, and Bisexual Group of Boston (GLIB), claiming that forced inclusion of GLIB members in their privately-organized parade violated their free speech.

Associated Press: Experts: Anti-psychotic drugs likely for Loughner - May 26, 2011 - Experts say anti-psychotic drugs likely will be the primary treatment for the suspect in the Arizona shooting rampage that wounded Rep. Gabrielle Giffords, as doctors try to make him mentally fit to stand trial. Christopher Slobogin, the Milton R. Underwood Chair in Law, is quoted. Slobogin was also quoted by the Deseret News.

Wall Street Journal: Loughner found unfit for trial - May 26, 2011 - A federal judge Wednesday declared Jared Loughner mentally incompetent to stand trial, a decision that raises the possibility that the accused shooter of Rep. Gabrielle Giffords and 18 others might never appear before a jury. Christopher Slobogin, the Milton R. Underwood Chair in Law, is quoted.

C-SPAN Radio: Supreme Court Historical Argument: Wisconsin v. Yoder (1972) - May 21, 2011 - David Hudson, adjunct professor of law and scholar at the First Amendment Center, is interviewed about a case where two members of the Old Order Amish religion and a member of the Conservative Amish Mennonite Church, were prosecuted under a Wisconsin law that required all children to attend public schools until age 16. The three parents refused to send their children to such schools after the eighth grade, arguing that high school attendance was contrary to their religious beliefs.

Denver Post: Medical marijuana in Colorado. gets scant attention from federal prosecutors - May 18, 2011 - A close examination of court cases in Colorado over the past three years reveals that federal prosecutors spend few resources pursuing marijuana crimes of any kind. Robert Mikos, professor of law, is quoted.

New Scientist: Is the ’smell of death’ strong enough evidence? - May 17, 2011 - In a case that is gripping the American public, young mother Casey Anthony has been accused of murdering her two-year-old daughter. As jury selection for the case continues, speculation is growing as to whether the judge will allow a sample of air, collected from the trunk of her car, to be presented as evidence of the “smell of death.” Christopher Slobogin, the Milton R. Underwood Chair in Law, is quoted.

Pittsburgh Post-Gazette: Contracts can include a clause forbidding consumers from joining a class action lawsuit - May 16, 2011 - A recent Supreme Court decision allows contracts to include a clause that bans you from suing the company as part of a class action lawsuit. Instead, customers will find themselves forced to challenge big companies over small claims all by themselves. Brian Fitzpatrick, associate professor of law, is quoted.

New York Times: Disunion: Black or white? - May 14, 2011 - Although Southern society was premised on slavery, the line between black and white had always been permeable, writes Daniel Sharfstein, associate professor of law and author of The Invisible Line: Three American Families and the Secret Journey from Black to White, for the newspaper’s Civil War blog.

C-SPAN Radio: Supreme Court Historical Argument: Miami Herald Publishing Company V. Tornillo (1974) - May 14, 2011 - David Hudson, adjunct professor of law and scholar at the First Amendment Center, is interviewed about a case where a Dade County, Florida man, who was running for public office, sued The Miami Herald for publishing two editorials criticizing him and refusing to publish his responses.

CBC Radio (Canada): The killing of Osama bin Laden - May 12, 2011 - Mike Newton, professor of the practice of law and international law adviser to the Iraqi High Tribunal, is interviewed about the legality of the killing of Osama bin Laden.

The Tennessean: Federal judge steps down from Nashville schools redistricting lawsuit - May 11, 2011 - In an unusual step, Federal Judge John T. Nixon has recused himself from a redistricting lawsuit against Metro Nashville Public Schools, after handling the case for almost two years. Brian Fitzpatrick, associate professor of law, is quoted.

USA Today: Confederate group fights for state specialty plates - May 10, 2011 - As the nation observes the 150th anniversary of the Civil War, a Confederate heritage group is fighting for the right to place the Confederate flag on license plates in three new states — Florida, Kentucky and Texas. David Hudson, adjunct professor of law and scholar at the First Amendment Center, is quoted. Hudson was also quoted on the issue in the Louisville Courier.

Orlando Sentinel: Air-sample science will be allowed — or will it? - May 9, 2011 -
Testimony about the air samples taken from a car trunk that showed signs consistent with decomposition will be allowed to be presented by the prosecution in the first-degree murder trial of a woman accused of murdering her child, Orange-Osceola Chief Judge Belvin Perry ruled Monday. Air-sample testing has never been used in court before, and the defense has objected to the ruling. Christopher Slobogin, professor of law, is quoted.

Scientific American: Could carbon labeling combat climate change? - May 9, 2011 - Experts argue that carbon labeling might promote energy efficiency and other efforts to reduce greenhouse gas emissions. Recently, Michael Vandenbergh, director of the environmental law program at Vanderbilt, and two others proposed in the journal Nature Climate Change the idea of voluntarily labeling carbon footprints on products.

climate.bna: Vanderbilt University law professor touts benefits of carbon labeling - May 9, 2011 - Michael Vandenbergh, director of the environmental law program at Vanderbilt, discusses how carbon labeling can help companies save costs and consumers reduce greenhouse gas emissions. The video interview was conducted at VUStar, Vanderbilt’s campus broadcast facility.

The Providence Journal: Feds might snuff out dispensaries - May 8, 2011 - On April 29, U.S. Attorney Peter F. Neronha sent Rhode Island Governor Lincoln Chafee a letter threatening to prosecute civilly and/or criminally those involved in the three planned medical-marijuana dispensaries. After receiving the letter, Chafee “placed a hold” on the dispensary program. Rob Mikos, professor of law, is quoted.

CSPAN Radio: C-SPAN radio’s Supreme Court historic oral argument: Reno v. ACLU (1997) - May 7, 2011 - David Hudson, adjunct professor of law and research attorney at the First Amendment Center, is interviewed about a 1997 Supreme Court case addressing the constitutionality of a law limiting the transmission of “obscene or indecent” content to minors over the Internet.

AM New York: NY’ers riled up over Bloomie’s idea to send immigrants to Detroit - May 1, 2011 - Mayor Michael Bloomberg’s suggestion to allow new immigrants into America — just as long as they help repopulate a blighted Detroit — was met with contempt Sunday in New York City and beyond. Carol Swain, professor of political science and law, is quoted.

April 2011

Seattle Times: Gregoire expected to veto medical pot bill on Friday - April 28, 2011 - Washington Governor Chris Gregoire on Friday is expected to veto all or part of a landmark medical-marijuana bill because of federal prosecutors’ threat to prosecute state employees who carry it out. Robert Mikos, professor of law, is quoted.

New York Times: Supreme Court allows contracts that prohibit class-action arbitration - April 27, 2011 - Businesses may use standard-form contracts to forbid consumers claiming fraud from banding together in a single arbitration, the Supreme Court ruled on Wednesday in a 5-to-4 decision that split along ideological lines. Brian Fitzpatrick, associate professor of law, is quoted in this article and in the Los Angeles Times: Companies can block customers’ class-action lawsuits, Supreme Court rules, Wall Street Journal: After AT&T ruling, should we say goodbye to consumer class actions? and Reuters: U.S. top court rules for AT&T in arbitration case.

Denver Post: IRS opens audit of Denver medical-marijuana dispensary - April 26, 2011 - The Internal Revenue Service has opened an audit of a Denver medical-marijuana dispensary, the latest action in what one observer calls a “guerrilla campaign” by the federal government to push back against the cannabis industry. Robert Mikos, professor of law, is quoted.

Chicago Daily Law Bulletin: Legal community remains divided over calls to split the 9th Circuit - April 23, 2011 - Proponents of a split of the 9th Circuit cite the difficulties of administering a court that covers such a large geographic area and shoulders about 20 percent of the appellate courts' total caseload. But many opponents of breaking the 9th Circuit apart argue that political rather than practical considerations are behind most calls for a split. Brian Fitzpatrick , associate professor of law, is quoted.

Washington Post: What’s in a carbon footprint? Depends. - April 21, 2011 - Two years after being introduced, and handicapped by uncertainties about how to calculate those ratings, carbon-footprinting schemes struggle to be recognized as the standard stamps of eco-consciousness that the FairTrade, Energy Star and LEED systems have become. Michael Vandenbergh, Tarkington Chair in Teaching Excellence at Vanderbilt Law School and director of the Climate Change Research Network, is quoted.

Associated Press: Big verdict winners say it’s not about the money - April 20, 2011 - State court records show that very few lawsuits in Tennessee end up with awards higher than the caps Governor Bill Haslam has proposed—just 14 last year. Some people who did win large awards say they didn’t want the money as much as they wanted a weapon to stop actions like the ones that killed their loved ones. Brian Fitzpatrick , associate professor of law, is quoted.

Nashville City Paper: Debate turns bizarre as Republican-led legislature tries to kill Metro’s anti-bias bill - April 17, 2011 - State legislation to nullify Nashville’s new anti-gay bias ordinance is headed to the House floor for a vote soon, and both sides agree it’s almost a foregone conclusion that it will pass. But supporters of the anti-bias legislation think they can overturn the nullifying legislation in court. Suzanna Sherry, Herman O. Loewenstein Professor of Law, is quoted.

Wall Street Journal: Justice is served, but more so after lunch* - April 13, 2011 - Ashby Jones blogs about a recent online post by Ed Yong, who wrote about a study by Shai Danziger from the Ben Gurion University of the Negev in Israel. Danziger summarized the results of some 1,100 parole board hearings in Israeli prisons over a 10-month period. This new blog includes comments made by Nita Farahany, associate professor of law.

Morning Call: Allentown teachers told to watch what they say - April 13, 2011 - Following criticisms over major cuts in teaching jobs and course offerings for the 2011-12 school year, teachers in the Allentown, Pa., School District have been ordered via email to keep negative comments to themselves or face disciplinary action. Teachers union President Debbie Tretter says it’s an attempt to stifle dissent, and legal experts, who reviewed the email at the request of The Morning Call, say the district’s attempts to limit comments could violate First Amendment rights. David Hudson, adjunct professor of law and scholar at the First Amendment Center, is quoted.

Allentown Morning Call: Tenet sues Easton Hospital owner - April 13, 2011 - Randall Thomas, John S. Beasley II Professor of Law and Business, is quoted in this report about charges levied by Tenet Healthcare Corp. against unwanted suitor Community Health Systems Inc. Tenet has accused the rival hospital operator of admitting patients for needless stays and bilking the U.S. government and private insurers.

The Federalist Society - Wal-Mart v. Dukes - Post Argument SCOTUScast - On March 29, 2011 the Supreme Court heard oral argument in Wal-Mart v. Dukes. The central issue in this case is whether hundreds of thousands of current and former female Wal-Mart employees may assert claims of unlawful pay and promotion discrimination against Wal-Mart in the form of a single nationwide class action lawsuit. Brian Fitzpatrick, associate professor of law is interviewed.

Discover: Justice is served, but more so after lunch: how food-breaks sway the decisions of judges - April 11, 2011 - If you have to face a judge, try for first thing in the morning or right after lunch. A new study suggests that’s when they’re most lenient. In essence, a prisoner’s fate could hinge upon the point in the day when their case is heard. Seeking to test the idea that justice depends on “what the judge ate for breakfast,” researchers studied 1,112 rulings by Israeli judges who were presiding over boards deciding whether to grant parole to prisoners. Nita Farahany, associate professor of law and associate professor of philosophy, is quoted.

Columbia Daily Tribune: Accountability is lacking from judge selection - April 10, 2011 - Rep. Stan Cox, who represents District 118 in the Missouri House of Representatives, referenced research published by Brian Fitzpatrick, associate professor of law, in this opinion piece about proposed changes to the selection of the judiciary in Missouri.

Deseret News: Balancing the rights of the incarcerated - April 8, 2011 - On a national level, the American Civil Liberties Union processes thousands of complaints each year from inmates claiming their religious liberties have been violated. Twenty percent of First Amendment claims filed in federal court come from prisoners. David Hudson, adjunct professor of law and scholar at the First Amendment Center, is quoted in this article about constitutional rights and safety for the prison population at the Utah State Prison. The Knoxville News Sentinel published Hudson's story about a lawsuit filed in federal court by Prison Legal News, contending that a California county and sheriff violated the First Amendment by censoring its publications.

New York Times: Police lesson—social network tools have two sides - April 6, 2011 - Officer Trey Economidy of the Albuquerque police now realizes that he should have thought harder before listing his occupation on his Facebook profile as “human waste disposal” after he was involved in an off-duty shooting in February. David Hudson, adjunct professor of law and research attorney at the First Amendment Center, is quoted.

Wall Street Journal: Law Blog: Supreme Court halts two executions at the 11th hour - April 5, 2011 - Death row inmates almost invariably file last-minute stay requests with the Supreme Court, and the court often politely declines to get involved. But in the past 24 hours, the court has halted two executions in the last minute. Christopher Slobogin, professor of law, is quoted.

Associated Press: Obama carefully courts black votes with Sharpton - April 5, 2011 - Wednesday, President Barack Obama is scheduled to make a foray into racial territory by speaking in New York at the Rev. Al Sharpton’s national convention — raising concerns that it might exacerbate a view held by some that the president gives favorable treatment to African Americans. Carol Swain, professor of law and political science, called that view a misperception, but said it was fed by cases like the New Black Panther voter intimidation lawsuit and the Justice Department asking Dayton, Ohio, to lower its police exam passing score because too few black applicants passed.

CNN: Will Earth day be overshadowed by another environmental disaster? - April 4, 2011 - A year ago, the worst environmental disaster in U.S. history—the Deepwater Horizon oil spill—began on Earth Day. This year, Japan is coping with the meltdown of the Fukushima nuclear plant, which could become that country’s worst environmental disaster to date. Michael Vandenbergh, director of the Climate Change Research Network and Tarkington Chair in Teaching Excellence at Vanderbilt Law School, is quoted.

Associated Press: LA aims to whitewash graffiti writers going legit - April 2, 2011 - Ten California graffiti artists who have begun to channel their artistic urges into legal works of art for sale have been charged by the Los Angeles city attorney’s office with violating California’s unfair competition laws because they’re selling art works on the strength of their outlaw names and reputations. David Hudson, adjunct professor of law and research attorney at the First Amendment Center, is quoted.

The Tennessean: Ron Ramsey backs bill requiring judicial elections to force system’s hand - April 1, 2011 - Lt. Gov. Ron Ramsey says he will push through a bill that would require elections for the Supreme Court unless justices agree to help put the current appointment-based system into the state constitution. Brian Fitzpatrick, associate professor of law, is quoted.

March 2011

March 30, 2011 - Michael Vandenbergh and colleagues Thomas Dietz and Paul Stern advocate private carbon labeling for products in inaugural issue of Nature Climate Change. Their research was mentioned in the United Press International.

Houston Chronicle: Watch-list suspects raise alert at border - March 28, 2011 - Nearly 900 “special interest aliens” from 35 nations with suspected ties to terrorism have been apprehended along the border between Texas and California over the past 17 months. A study by Carol Swain, professor of law and political science, and student Saurabh Sharad looking at illegal border crossings by citizens of “watch-list” nations is mentioned.

New York Times: Lessons for Albany on malpractice limits - March 24, 2011 - As New York lawmakers strive to complete the state budget by April 1, one of the most contentious battles involves whether to include a cap on medical malpractice payments that Gov. Andrew M. Cuomo has proposed with the support of the state’s hospital industry. W. Kip Viscusi, University Distinguished Professor of Law, Management and Economics, is quoted.

The Tennessean: TN legislators strip ‘Shariah’ from anti-terror bill - March 23, 2011 - The sponsors of a bill in the Tennessee legislature aimed at organizations that practice Shariah law are rewriting the measure to remove all references to religion. Critics say the bill raises constitutional questions, as it appears to target beliefs rather than overtly criminal activities. James Blumstein, University Professor of Constitutional Law, is quoted.

Atlanta Post: How much is race a factor in health care opposition? - March 22, 2011 - The Greenlining Institute, a multiethnic public policy, advocacy and leadership institute, conducted a report to explore whether race is a factor in the health care backlash, and its results suggest it is. Carol Swain, professor of political science and law, is quoted.

WSMV Channel 4 - March 15, 2011 interviewed John Owen Haley, professor of law, about conditions in Japan following the earthquake and tsunami. Haley was on a recruitment trip to Japan when the earthquake occurred. (Watch) (Read)

Twitter, Facebook posts can throw kinks into court cases - March 13, 2011 - The Tennessean - In today’s social media world, it may be time to update how police deliver Miranda rights: “Anything you tweet can and will be used against you in a court of law.” Christopher Slobogin, Milton Underwood Chair in Law, Professor of Psychiatry and Director, Criminal Justice Program, is quoted.

For strong constitutions only - March 10, 2011 - Nashville Scene - A backstage clash between legal scholars may have exposed a weak point in Nashville’s pending nondiscrimination bill—whether it applies only to employees within Davidson County, or everywhere the contracting company works. James Blumstein, University Professor of Constitutional Law, is quoted.

Atlanta Journal-Constitution: No expulsion for kids’ Facebook posts about teacher - March 10, 2011 - Atlanta Journal-Constitution - The school system that threatened to expel three children over their derogatory Facebook posts about a teacher has backed down. The students, who called a teacher at Chapel Hill Middle School in Douglas County a “pedophile” and a “rapist” in online posts last month, will return to school Tuesday after a two-week suspension. David Hudson, adjunct professor of law and research attorney at the First Amendment Center, is quoted.

Gang member’s sanity at issue in fed murder case - March 3, 2011 - Associated Press - A 32-year-old Los Angeles man, known on the street as “Bone,” is accused of being a high-ranking leader of a street gang that used torture, robbery, kidnapping and murder to protect a vast drug enterprise that operated in Los Angeles, Oklahoma City, Memphis and Nashville. Defense lawyers argue in court documents that Payne has been mentally ill with schizophrenia for so long — he was found incompetent in 2005 — that he likely will never be fit for trial. Christopher Slobogin, Milton Underwood Chair in Law, Professor of Psychiatry and Director, Criminal Justice Program, is quoted.

WSMV, Channel 4, interviewed Brian Fitzpatrick, associate professor of law , about criticism leveled against Tennessee Governor Bill Haslam, who is pushing tort reform to put caps on the amount of money for which businesses can be sued. View video.

Las tácticas divisorias no arreglarán la crisis de la inmigración illegal - March 2, 2011 - EFE - The Spanish newswire reports that a Congressional immigration subcommittee listened to testimony yesterday about the effect of illegal immigration on unemployment among minority citizen populations, especially African Americans. Carol Swain, professor of political science and law, testified. (Translate) Swain’s testimony is also mentioned in a similar report by the San Antonio Express-News: Black lawmaker warns against racial wedge issue and the Ventura County Star: Immigration hearing turns into racial battle.

Near Tennessee Capitol, faith leaders call for stop to anti-Shariah bill - March 2, 2011 - The Tennessean - Local Muslim, Jewish and Christian leaders gathered near the Tennessee Capitol on Tuesday to ask that an anti-Shariah law be withdrawn from consideration by the state legislature. James Blumstein , University Professor of Constitutional Law, is quoted.

Star must identify anonymous posters to website, judge rules - March 2, 2011 - Indianapolis Star - A Marion County judge has ruled, for the first time in Indiana, that news media outlets can be ordered by the court to reveal identifying information about posters to their online forums. David Hudson, adjunct professor of law and research attorney at the First Amendment Center, is quoted. He was also quoted in the ABA Journal and in the Chicago Tribune.

Belief: Discrimination based on religion v. discrimination based on sexual orientation - March 1, 2011 - Houston Chronicle - Differing attitudes in Britain and the United States toward adoptive and foster parenting by gay couples may be due to the fact that Britain has a nationwide anti-discrimination policy that includes gays and lesbians, while the U.S. system is fragmented and varies state-to-state. David Hudson, adjunct professor of law and research attorney with the First Amendment Center, is quoted.

Jobless rates of minorities linked to illegals - March 1, 2011 - Washington Times - A hearing on immigration policy underscores partisan divisions. Carol Swain, professor of political science and law, is quoted.

Lawyer’s attempt to keep his head above water landed a client on Death Row - March 2011 Issue - ABA Journal - Nashville attorney Lionel Barrett agreed to take the case of murder defendant Abu-Ali Abdur’Rahman, despite the fact that he was so swamped with work he was unable to competently represent his client, who was convicted and sentenced to death. Christopher Slobogin, professor of law, is quoted.

February 2011

Political Notebook: Professor raises concerns about anti-bias proposal - February 27, 2011 - The Tennessean - James Blumstein, University Professor of Constitutional Law, has raised some legal concerns about the Metro Council’s controversial contractor nondiscrimination proposal.

Study: Lawyers have too much influence on judge selection - February 27, 2011 - The Gazette (Eastern Iowa) - Brian Fitzpatrick, associate professor of law, says his research suggests that lawyers are viewed as a special-interest group and may select judges who further their interests, whether it be political, financial or ideological. He questions whether members of the bar have too much control over who becomes a judge or justice.

Shades of White - February 25, 2011 - New York Times - In an illuminating and aptly titled book, “The Invisible Line,” Daniel J. Sharfstein, associate professor of law, demonstrates that African-Americans of mixed ancestry have been crossing the boundaries of color and racial identity since the early colonial era. An associate professor of law at Vanderbilt University and an author with a literary flair, Sharfstein documents this persistent racial fluidity by painstakingly reconstructing the history of three families. The book is also reviewed in Slate: Orindatus Simon Bolivar Wall and by his former colleagues at the San Jose Mercury Sun: ‘The Invisible Line’ that still divides America.

Interview with Daniel J. Sharfstein, author of The Invisible Line - February 23, 2011 - Christian Science Monitor - In “The Invisible Line,” Daniel J. Sharfstein, associate professor of law, uses the stories of three families to explore the fluid nature of racial identity in America. Professor Sharfstein has also been interviewed by The Smithsonian.

Lawyers say cap isn’t needed on civil lawsuit damages - February 21, 2011 - The Tennessean - Governor Bill Haslam’s administration says lawsuits asking for extraordinary financial compensation for damages hurt Tennessee’s economy and its ability to attract businesses. The Republican governor wants to limit damages in civil lawsuits, in an effort to make Tennessee competitive with other states. James Blumstein, University Professor of Constitutional Law and Health Law and Policy, is quoted.

Tracing lives of three ‘white’ families and their black forebears - February 20, 2011 - Boston Globe - “The Invisible Line,’’ Associate Professor of Law Daniel Sharfstein’s spellbinding chronicle of racial passing in America, reminds us that the phenomenon has existed since our colonial beginnings — as escape from oppression, enhancement in status, and path to economic opportunity. However well defined in law, the racial line has always remained porous, breachable under the right conditions. The books is also reviewed in the Financial Times.

A maid sees herself in a novel, and objects - February 17, 2011 - New York Times - Ablene Cooper, a 60-year-old woman who has long worked as a maid for the brother and sister-in-law of writer Kathryn Stockett, has filed a lawsuit against the author of the best-selling novel The Help, about black maids working for white families in Jackson in the 1960s. In the complaint, Ms. Cooper argues that one of the book’s principal characters, Aibileen Clark, is an unpermitted appropriation of her name and image, which she finds emotionally distressing. David Hudson, adjunct professor of law and scholar at the First Amendment Center, is quoted.

A matter of black or white? - February 17, 2011 - Nashville Scene - For years racial identity in America was defined by strict laws and social mores. But no matter how rigid things looked on paper, on the ground it was a different story. In The Invisible Line: Three American Families and the Secret Journey from Black to White, Daniel Sharfstein, associate professor of law at Vanderbilt University, follows three families from the Civil War to the Civil Rights era, showing how each managed to manipulate racial restrictions and live and thrive in the very communities that might have shut them out.

As U.S. agencies put more value on a life, businesses fret - February 16, 2011 - New York Times - As the players in Washington remake the nation’s vast regulatory system, they have been grappling with a subject that is more the province of poets and philosophers than bureaucrats: what is the value of a human life? The answer determines how much spending the government should require to prevent a single death. W. Kip Viscusi, University Distinguished Professor of Law, Economics, and Management, is quoted.

Pasadena appeals court hears arguments on First Amendment case regarding college football video games - February 15, 2011 - Pasadena Star - A federal appeals court heard arguments Tuesday from lawyers in a case that could determine whether college football players should be compensated when their images are used in video games. David Hudson, adjunct professor of law and scholar at the First Amendment Center, is quoted.

Opinion: Tennessee’s judge selection system favors Democrats - February 12, 2011 - The Tennessean - Research into judicial selection by Brian Fitzpatrick, associate professor of law, is cited in this opinion piece about Tennessee’s system of selecting appellate judges.

Scalia and the commerce clause - February 9, 2011 - National Review Online - Although Antonin Scalia is the Supreme Court’s most conservative judge, his record suggests that he could rule in favor of President Obama’s health care reform act if and when a challenge reaches the Supreme Court. Brian Fitzpatrick, associate professor of law, is quoted.

Courts say Nashville man can’t sue over art seized by Nazis - February 7, 2011 - The Tennessean - Two federal courts have prevented retired Nashville professor Fred Westfield, 84, from pursuing damages against the German government decades after the Nazis seized and auctioned his uncle’s art collection during World War II. Opinions are mixed on whether he still has a case. James Blumstein, University Professor of Constitutional Law, is quoted.

High court nominee Waterman was Branstad campaign donor - February 2, 2011 - Des Moines Register - One of the nominees for the Iowa Supreme Court donated $7,500 to the election campaign of the governor who could appoint him to the bench, and $250 to a former state attorney general candidate who will help interview him for the job. Brian Fitzpatrick, associate professor of law, is quoted.

July 2009

Sotomayor vows to value legal stability as trailblazing justice - July 15 - Bloomberg - Judge Sonia Sotomayor portrayed herself as a force for continuity with a reluctance to topple the established order even as she made her case to become a barrier-breaking justice on the U.S. Supreme Court. Brian Fitzpatrick, assistant professor of law, is quoted.

Lottery researchers skeptical about U.S. bailout approach - July 8 - Wall Street Journal - New research studied whether winning up to six-figure jackpots would prevent bankruptcy among overleveraged lottery players. The answer: no. It is a result that makes the researchers highly skeptical of government efforts to bail out struggling homeowners and corporations at or near the brink of collapse. Researcher Paige Marta Skiba, assistant professor of law, is quoted.

The female discount for sexual predators - July 8, 2009 - Nashville Scene - Reported sex offenses by women increased tenfold from the '80s to the '90s, yet their prison time remains but a fraction of what men receive. Christopher Slobogin, professor of law, and William Bernet, professor of psychiatry, are quoted.

June 2009

Supreme Being - June 2009 - Vogue.com - Supreme Court nominee Sonia Sotomayor is profiled. Tracey George, professor of law and political science, is quoted.

Don't know much about history - June 19, 2009 - Wall Street Journal - The comments of Carol Swain, professor of political science and law, about the Senate resolution apologizing for slavery are discussed in a column by James Tarranto.

Senate backs apology for slavery - June 19, 2009 - Washington Post - The Senate unanimously passed a resolution yesterday apologizing for slavery, making way for a joint congressional resolution and the latest attempt by the federal government to take responsibility for two-and-a-half centuries of slavery. Carol Swain, professor of political science and law, is quoted.

Listen to the mp3 of "Hate and Why Words Matter "- June 16, 2009 - Radio Times with Marty Moss-Coane - WHYY, Philadelphia - In the wake of the recent spate of murders committed by right-wing extremists we look at the power of hate - how it motivates individuals to commit violence acts and instills fear in society. Adjunct law professor David Hudson, First Amendment Scholar at the Freedom Forum First Amendment Center at Vanderbilt University, is interviewed.

Listen to a June 15, 2009, NPR "Talk of the Nation" discussion, "Is Right-Wing Extremism on the Rise?" in which Carol Swain, professor of political science and law, is one of three featured commentators.

The queens in Obama’s high court - June 2009 - Vogue - Tracey George, professor of law and political science, is quoted in this article about the women likely to be tapped as replacements for retiring Supreme Court Justice David Souter. (President Obama nominated Judge Sonia Sotomayor, one of the women profiled, after the article went to press.)

Hundreds attend reopening of D.C.'s Holocaust museum - June 14, 2009 - Jerusalem Post - The U.S. Holocaust Memorial Museum reopened its doors Friday to crowds of visitors who came to pay tribute to the latest victim of the racial intolerance the institution is dedicated to opposing, and to call for its work to continue despite the threats it faces. Carol Swain, professor of political science and law, is quoted.

Right-wing extremists face extra scrutiny - June 11, 2009 - Washington Times - Even before Wednesday's fatal shooting of a security guard purportedly by a white supremacist at the U.S. Holocaust Memorial Museum, right-wing extremists have come under increased scrutiny. Carol Swain, professor of political science and law, is quoted.

Dirty laundry aired: The fight over divorce details - June 9, 2009 - Wall Street Journal - Adjunct law professor David Hudson, '94, who is First Amendment Scholar at the Freedom Forum First Amendment Center at Vanderbilt University, is quoted in an article about disclosures during divorce proceedings that reveal intimate or embarrassing details.

Bill of Rights, Inc. - June 8, 2009 - National Review Online - This article about how a recent gun rights case could change how courts interpret the Bill of Rights quotes James Ely, Milton Underwood Professor of Law and History.

Slaying prompts close look at incendiary speech - June 7, 2009 - San Francisco Chronicle - The murder of Kansas obstetrician George Tiller, who was frequently characterized by conservative pundits as a “baby killer,” has prompted some to investigate whether public personalities who make inflammatory comments bear responsibility when a member of their audience acts upon those words. Adjunct law professor David Hudson, First Amendment Scholar at the Freedom Forum First Amendment Center at Vanderbilt University, is quoted.

Soda-tax proposal should fizzle out in Congress - June 5, 2009 - San Francisco Examiner - This opinion piece about a Senate proposal to tax sugary drinks as a way to deter consumption quotes economist W. Kip Viscusi, University Distinguished Professor of Law, Management and Economics.

May 2009

See a CNN.com video about Supreme Court nominee Sonia Sotomayor with Tracey George, professor of law and political science, May 26, 2009

Election of judges in Tennessee is rejected - May 29, 2009 - The Tennessean - An effort to directly elect high court judges in Tennessee has come up short, as state lawmakers voted to keep an independent panel to pick nominees to the bench. Brian Fitzpatrick, assistant professor of law, is quoted.

Vanderbilt picks new law school dean - May 28, 2009 - The Tennessean - Pending Board approval, Chris Guthrie will take over as the newest dean of Vanderbilt University Law School on July 1, serving a five-year term.

Sonia Sotomayor story inspires, concerns Nashvillians - May 27, 2009 - The Tennessean - If Judge Sonia Sotomayor is confirmed to the Supreme Court, she is unlikely to upset the balance of conservative and liberal views on the bench. James Blumstein, University Professor of Constitutional Law, and Tracey George, professor of law and political science, is quoted.

Even with Souter retirement, Obama faces limits on remaking courts - May 1, 2009 - U.S. News & World Report - It may take two terms for Obama to make a significant difference in the makeup of the federal court system. Tracey George, professor of law and political science, is quoted.

Obama has chance to select justice with varied résumé - May 1, 2009 - New York Times - Justice Souter’s departure from the Supreme Court presents President Obama with more than the usual array of choices based on credentials, ideology and demographics. Obama also has the opportunity to move the court back toward what it has been for most of its history: a collection of prominent individuals with broad experience. Tracey George, professor of law and political science, is quoted.

April 2009

American idling: The ecological cost of keeping the engine running - April 28, 2009 - ClimateWire - The quick, simple act of turning your car off instead of idling whenever possible could play an enormous role in slowing the rate of climate change. Michael Vandenbergh, professor of law, is quoted.

Judge selection debate flares in Tennessee - April 26, 2009 - The Tennessean - Tennessee's judicial system is coming under its sharpest attack in a generation, as groups of lawmakers and activists are trying to overturn the state's process for selecting judges. Brian Fitzpatrick, assistant professor of law, is quoted.

Missouri brakes - April 18, 2009 - Wall Street Journal - The Missouri plan for choosing judges may be the law of the land in some two dozen states, but its home court is having second thoughts. Last week, the Missouri House of Representatives approved a ballot measure that would modify the state's namesake selection process. Brian Fitzpatrick, assistant professor of law, is quoted.

U.S. shifts stand on global warming - April 18, 2009 - The Tennessean - The Environmental Protection Agency on Friday officially adopted the position that carbon dioxide and other greenhouse gas emissions pose a danger to the public's health and welfare, a move that could trigger a series of federal regulations affecting polluters from vehicles to coal-fired power plants. Michael Vandenbergh, professor of law, is quoted.

The fairer sex - April 11, 2009 - Slate - Is the pressure to appoint another female justice to the Supreme Court simply a matter of appearance? Is gender balance necessary for the court to have what political scientists like to call "social legitimacy"? Or is there something more fundamental that women bring to the bench that makes the need for more of them so urgent? Research by Suzanna Sherry, Herman O. Loewenstein Professor of Law, is referenced.

Immigration reform: Will the climate ever be right? - April 10, 2009 - CNN - Word that President Obama might pile comprehensive immigration reform onto his already-full plate reignited calls from some for an urgent overhaul and brought cries from others that the timing couldn't be worse. Carol Swain, professor of political science and law, is quoted.

Do smokers cost society money? - April 7, 2009 - Associated Press - A recent bill debated in Congress that would give the FDA the power to regulate tobacco products has raised the question of whether smokers really do cost society money or if their premature deaths result in savings. W. Kip Viscusi, Distinguished University Professor of Law, Economics and Management, is quoted.

Curbing crass compensation - April 1, 2009 - MarketWatch - As tax dollars flow into troubled banks—and often directly into the pockets of the executives responsible for their banks’ precarious position—new regulations are likely to give outraged shareholders more of a say in executive compensation. Randall Thomas, John Beasley II Professor of Law and Business, is quoted.

March 2009

Listen to a March 17 WCPN-Cleveland interview with Michael Newton, professor of the practice of law, and his coauthor, Michael Sharf, addressing their book, Enemy of the State: The Trial and Execution of Saddam Hussein.

Legal opinion says ending Tennessee Plan for appellate judges could create problems - March 28, 2009 - Chattanooga Times-Free Press - Tennessee Attorney General Robert Cooper says in a new opinion that officials will be unable to fill vacancies on the state Supreme Court and appellate courts if lawmakers do not renew two judicial commissions. Brian Fitzpatrick, assistant professor of law, is quoted.

The long goodbye - March 26, 2009 - World Magazine - Though critics of the surge say its success is a shallow one, and suggest that Iraq will descend into chaos when U.S. troops leave, some international law experts believe the slow withdrawal of troops will work. Michael Newton, professor of the practice of law, is quoted.

Voluntary climate programs may get a face-lift under cap and trade - March 19, 2009 - New York Times - The Obama administration and Democratic leaders in Congress hope to pass legislation that will cap absolute emissions of large sectors of the economy by the end of the year. Michael Vandenbergh, professor of law, is quoted.

Bashir warrant leaves U.S. in tight spot - March 8, 2009 - The National - Michael Newton, professor of the practice of law, is quoted in this article about the U.S.'s refusal to sign onto the International Criminal Court (ICC). Professor Newton serves on a panel assembled by the American Society of International Law that is investigating the U.S. relationship with the ICC.

Briefing: A rocky start for war crimes world court - March 6, 2009 - Christian Science Monitor - The International Criminal Court's indictment Wednesday of Sudanese President Omar al-Bashir prompted Sudan to expel more than a dozen aid groups, and some African leaders warn that the arrest warrant will damage fragile peace negotiations. Michael Newton, professor of the practice of law, is quoted.

Brouhaha quietly brews over selection of judges - March 6, 2009 - Memphis Commercial Appeal - The Tennessee Plan for staffing the state’s appeals court calls for appellate judges to be nominated by a Judicial Selection Commission, appointed by the governor and retained or removed from the bench by voters in periodic uncontested referendums. Brian Fitzpatrick, assistant professor of law, is quoted.

February 2009

O'Connor favors Missouri method of filling bench - February 28, 2009 - Columbia Daily Tribune - Retired Supreme Court Justice Sandra Day O’Connor spoke yesterday in support of the Missouri Plan, the state’s nearly 70-year-old nonpartisan method of selecting judges to its supreme and appellate as well as some circuit courts. Brian Fitzpatrick, assistant professor of law, participated in a panel discussion.

Judicial selection process up in air - February 25, 2009 - Memphis Commercial-Appeal - A Tennessee legislative subcommittee met this week to analyze the consequences of what will happen if the Judicial Selection and Judicial Evaluation commissions are allowed to expire on June 30. Brian Fitzpatrick, assistant professor of law, addressed the subcommittee. Read Professor Fitzpatrick's testimony.

Pithissippi Burning: Race, white nationalism and American culture - February 23, 2009 - Nashville Scene - Blogger P. J. Tobia comments on the literature and culture of hate groups, including the Northwest Homeland. His essay includes a discussion of The New White Nationalism, a book by Carol Swain, professor of law and political science.

Roberts sets off debate on judicial experience - February 16, 2009 - New York Times - For the first time, every member of the United States Supreme Court is a former federal appeals court judge, something Chief Justice John Roberts says is a good thing, because it keeps the Court focused narrowly on the law, not policy or politics. Tracey George, professor of law and political science, is quoted.

And the Oscar goes to... not its voting system - February 6, 2009 - The Wall Street Journal - Academy Award nominees and winners are selected using two different voting systems that are, according to some political mathematicians, the worst way to convert voters' preferences into an election outcome. Paul Edelman, professor of math and law, is quoted.

Nashville doctor in drug case served time for murders - February 6, 2009 - The Tennessean - Before this week's arrest on charges of drug-related organized crime in Kentucky, the anesthesiologist Visuvalingam Vilvarajah was a convicted murderer in Tennessee. Joshua Perry, assistant professor of biomedical ethics, is quoted.

Brother, can you spare a payday loan? - February 4, 2009 - Associated Press - States are increasing oversight of payday lenders, but the risk of bankruptcy for borrowers is still high. Research on payday loans by Paige Marta Skiba, assistant professor of law, is mentioned.

January 2009

The Legal Brain: How Does the Brain Make Judgments about Crimes - January 27, 2009 - Scientific American - Research by Owen Jones, professor of law, and co-authors Rene Marois, assistant professor of psychology, and Joshua Buckholtz, graduate student is the focus of a discussion of the cognitive process of decisions regarding punishment.

How about a stimulus for financial advice? - January 17, 2008 - New York Times - A number of government agencies already have begun small-scale financial literacy programs to help citizens make better financial decisions. A study on payday lending by Paige Marta Skiba, professor of law, is mentioned. A related story also examining Professor Skiba’s study appears in The Tennessean.

The brain, your Honor, will take the witness stand - January 16, 2009 - Wall Street Journal - In an experiment at the frontier of law and philosophy, Vanderbilt researchers used a brain scanner to examine the impartial judgments at the heart of our legal system, recording how brain cells behave when assessing criminal responsibility and meting out sentences. Owen Jones, professor of law and study author, is quoted. Co-authors Rene Marois, assistant professor of psychology, and Joshua Buckholtz, graduate student, are mentioned.

Mr. Professor goes to Washington - January 16, 2009 - Chronicle of Higher Education - The imminent turnover of presidential administrations opens the door for a lot of academics to move into government jobs, but expertise is not the only consideration when choosing political appointees. David Lewis, professor of political science, is quoted.

Ford crusade targets baggy pants - January 16, 2009 - Associated Press - Robert Ford, a prominent black South Carolina state senator, has filed bills banning droopy pants and profanity-laced songs in an effort to ignite debate about the behavior of young people, particularly in the African-American community. David Hudson, research attorney at the First Amendment Center, is quoted.

Neurolaw: A New Interdisciplinary Research - January 15, 2009 - New York Law Journal - This article by Ken Strutin addresses neurolaw, an entirely new body of interdisciplinary research into the postulates of our legal system, mentioning that "a team of researchers at Vanderbilt University uncovered the inner workings of the brain in making decisions about guilt and punishment."

New niches mean more power for Vanderbilt's law faculty - January 9, 2009 - Chronicle of Higher Education - At Vanderbilt University Law School, an effort to offer students an array of distinct academic programs has led not just to curriculum changes, but also to a transformation in how the school is governed. Dean Edward Rubin is quoted. A related story also quoting Dean Rubin: Law schools customize degrees to students' taste.

December 2008

Did Israel Use "Disproportionate Force" in Gaza? - December 29, 2008 - Jerusalem Center for Public Affairs, Israel - Michael Newton is quoted in an online discussion of the charge that Israel uses disproportionate force in defending its citizens from rocket attacks.

Seven simple ways to save environment - December 21, 2008 - ANI - This Indian news wire reports on recent recommendations by Michael Vandenbergh, environmental law professor and director of the Climate Change Research Network, for easy steps to take to minimize damage to the environment.

More cops in Tennessee caught snooping - December 21, 2008 - The Tennessean - In 2006, the state rolled out a new crime-fighting weapon designed to give police across Tennessee quick Web access to privileged information collected on many of the state's 6 million citizens. However, a spate of recent violations of the use of such sensitive data highlights a lack of training and oversight. James Blumstein, University Professor of Constitutional Law, is quoted.

Obama projects 'steady hand' with Cabinet picks - December 19, 2008 - FoxNews - Barack Obama's Cabinet lineup, completed Friday with a month to spare, sends a signal that the fresh-faced president-elect will lean on experienced hands and moderate voices to steer the nation through turbulent times. David Lewis, professor of political science, is quoted.

Boult law firm will merge - December 17, 2008 - The Tennessean - Boult, Cummings, Conners & Berry, one of Nashville's largest law firms, will merge with a Birmingham, Ala.-based regional firm in a transaction that reflects continuing consolidation in the legal industry. Randall Thomas, the John S. Beasley II Professor of Law & Business, is quoted.

Origins of crime and punishment - December 12, 2008 - Financial Times - The origins of our modern criminal justice system may lie in ancient brain mechanisms, according to Owen Jones, professor of law and of biology, René Marois, a neuroscientist and associate professor of psychology, and Joshua Buckholtz, graduate student in neuroscience. (Subscription required)

Owen Jones, Justice may be hard-wired into the human brain - December 11, 2008 - New Scientist - Our sense of fairness in dealing with others directly could lay the biological foundation for legal systems built on the judgments of supposedly impartial jurors, say Owen Jones, professor of law and of biology, René Marois, a neuroscientist and associate professor of psychology, and Joshua Buckholtz, graduate student in neuroscience.

In the brain, justice is served from many parts - December 10, 2008 - Science News - For the first time, scientists have peered into the brains of people who are deciding whether a crime deserves punishment and how severe the penalty should be. The research was conducted by Owen Jones, professor of law and of biology, and René Marois, a neuroscientist and associate professor of psychology.

Payday loans can lead to bankruptcy - December 5, 2008 - Consumer Affairs - New research by Vanderbilt Law School Assistant Professor Paige Marta Skiba found that payday loan applicants who received the quick cash after their first application were significantly more likely to file for Chapter 13 bankruptcy than those whose initial application was denied.

November 2008

Who are the better managers -- political appointees or career bureaucrats? - November 23, 2008 - Washington Post - One school of thought argues that lots of political appointees can sweep away bureaucratic cobwebs. The other suggests that appointees mostly get in the way of the career professionals who really know how to make government work. David Lewis, professor of political science and professor of law, is quoted.

Mineral resources propel conflict - November 19, 2008 - The Tennessean - Klint Alexander, senior lecturer of law and international relations, explains how profits from the minerals used to make components for cell phones and other electronics exacerbate the genocide in eastern Congo.

Illegal staff may bring arrest, fine - November 17, 2008 - The Tennessean - At an immigration seminar this month given by Linda Rose, adjunct professor of law, much of the audience wanted to talk about immigration enforcement that comes in the mail, not through the door: the no-match letter.

Envoy can be enviable gig - Chicago Tribune - November 14, 2008 - Since the Kennedy era, both Democratic and Republican administrations have given away about one-third of ambassadorships in desirable cities abroad as political rewards. The 25-year-old academy of diplomacy has called for fewer political appointees this time, citing the number of foreign challenges facing the incoming administration and the importance of promoting seasoned diplomats. David Lewis, professor of political science and professor of law, is quoted.

Circuit City files for bankruptcy protection - Memphis Daily News - November 11, 2008 - One week after announcing it would close 155 of its stores, including two in the Memphis area, Circuit City Stores Inc. reported Monday that it had filed for Chapter 11 bankruptcy protection. Margaret Blair, professor of law, is quoted.

How Brain Science May Change the Way We Live - November 2008 - O, the Oprah Magazine - Nita Farahany and Owen Jones are quoted in an overview of the different ways cutting-edge neuroscience is now being applied to marketing, financial services, criminal punishment and other aspects of life. Here's an excerpt:

"Nita Farahany, JD, PhD, assistant professor of law and philosophy at Vanderbilt University, cites one telling case in a report she recently presented on the subject. In People v. Stokke (2007), she writes, 'the defendant was charged with attempted murder, assault with a deadly weapon, and discharging a firearm with gross negligence. ... An expert on fetal alcohol spectrum disorders testified that he had reviewed the defendant's brain scans and that, beyond a reasonable doubt, the defendant suffered brain damage caused by heavy prenatal alcohol exposure.' Stokke was eventually found guilty of attempted voluntary manslaughter, a lesser crime than the murder charge.Another legal area that's getting what you might call 'neurocized' is lie detection. Two companies, Cephos Corp. and No Lie MRI, are now marketing tests based on fMRIs, claiming better than 90 percent accuracy. Some experts argue, however, that applying the technology for lie detection is premature. 'The problem is, there's more to a thought than blood flow and neurons calling up oxygen,' says Owen D. Jones, JD, a professor of law and biological sciences at Vanderbilt, referring to how fMRIs indicate activity. 'There's a big difference between how the brain thinks and what the brain thinks.' Nevertheless, researchers are rushing to find the keys to the neuro-lockbox: Both the government's Defense Advanced Research Projects Agency and NASA are funding the development of technology that could conceivably decipher someone's intentions (make a deposit, or blow up the bank?) from a distance. 'I think this could have positive implications for the criminal justice system, but if it happens without transparency, it will be problematic,' Farahany says. 'Our expectations of privacy will have to change quite a bit.'"

October 2008

Listen to a discussion of a book co-authored by Michael Newton, professor of the practice of law, Enemy of the State: The Trial and Execution of Saddam Hussein, on the Larry Kane Show, broadcast on KYW-1060 News Radio, Philadelphia. This discussion also encompassed events in Georgia, Iran, and North Korea.

TRIPS may evolve to keep pace with modern IP concerns - October 24, 2008 - Intellectual Property Watch - Daniel Gervais, professor of law, delivered the 4th annual Finnegan and Harrison Distinguished Lecture of IP at American University's Washington College of Law. This article reporting on Professor Gervais' lecture outlines his overview of the evolution of the World Trade Organization Trade-Related Aspect of Intellectual Property Rights Agreements (TRIPS).

Downtown offices go dark to reduce costs - October 23, 2008 - The Tennessean - Many owners of large buildings have moved toward automatic shutoffs of lights. The other route involves changing the behavior of the people who work there, which can be inexpensive but is not necessarily easy. Michael Vandenbergh, professor of law and member of the Governor's Energy Policy Task Force, is quoted.

WTO panel ruling in IPR enforcement case could lead to U.S. appeal - October 15, 2008 - Inside US-China Trade (online) - An interim ruling by a World Trade Organization (WTO) dispute settlement panel could result in an appeal by the U.S., as the panel ruled that the U.S. provided insufficient evidence to support their key point that Chinese legal thresholds do not adequately capture commercial-scale piracy. The panel came down against China's enforcement regime on two other points. Intellectual property expert Daniel Gervais, professor of law, is quoted. Available to subscribers only.

Female majority on high court puts Tennessee in rare company - October 7, 2008 - The Tennessean - Tennessee has joined the ranks of a small and progressive group: states with a female majority on their highest court, in a profession long dominated by men. James Ely, Underwood Professor of Law and History, is quoted.

Trying tyrants - October 2, 2008 - Nashville Scene - A discussion of a book co-authored by Michael Newton, professor of the practice of law, Enemy of the State: The Trial and Execution of Saddam Hussein, which chronicles the experiences of Professor Newton and his co-author, Michael P. Scharf, a law professor at Case Western, after they were charged with creating the Iraqi tribunal that would try Saddam Hussein for crimes against the Iraqi people in 2005.

Due Processors: Educators Seek a Digital Upgrade for Teaching Law - October 1, 2008 - Chronicle of Higher Education - Legal scholars held a workshop at Seattle University of Law School to discuss the efficiency of casebooks in effectively teaching the practice of law. Edward L. Rubin, dean of the law school, was one of the participants.

September 2008

Law school profs ponder printed books - September 29, 2008 - Seattle Post-Intelligencer - Law professors from around the country gathered in Seattle on Saturday to put the printed textbook on trial. Edward L. Rubin, dean of Vanderbilt Law School, is quoted.

VU profs argue private equity more vigilant in new financial world - September 28, 2008 - Venture Nashville - A discussion of a recent report by Ron Masulis, Frank K. Houston Professor of Finance, and Randall Thomas, John Beasley II Professor of Law and Business, on whether private equity generates wealth.

When acquitted doesn’t mean acquitted - September 15, 2008 - ABCnews.com - Judges can use their discretion to add years or decades to a sentence even after the defendant has been acquitted of some charges. Nancy King, Lee S. and Charles A. Speir Professor of Law, is quoted.

Lawmakers delay judicial selection review - September 10, 2008 - The Tennessean - State lawmakers have yet to review the Judicial Selection Commission, a body that winnows down candidate lists for appellate judgeships in Tennessee, and sends nominations to the governor for appointment. Brian Fitzpatrick, assistant professor of law, is quoted.

August 2008

Web privacy on the radar in Congress - August 10, 2008 - New York Times - Members of the government admit that they do not have a clear grasp of what companies are able to do with the wealth of data now available to them, so a Congressional committee has been formed to explore the problems of online privacy. Stephen Hetcher, professor of law, is quoted.

July 2008

Voters likely to approve judges - July 30, 2008 - Knoxville News Sentinel - Will two Tennessee Supreme Court judges and five appeals court judges be retained when voters go to the polls on Aug. 7? Based on the Tennessee voter patterns with past judges, they will likely remain on the bench. Brian Fitzpatrick, assistant professor of law, is referenced.

Legal options for trying Khadr in Canada fraught with difficulty: legal experts - July 20, 2008 - Canadian Press - Some legal experts say Omar Khadr, a Canadian citizen detained in Afghanistan at age 15 and held at Guantanamo Bay, would likely never face conviction in Canada, even if there was a way to charge him with an offense under Canadian law. Michael Newton, professor of the practice of law, is quoted. The story has received widespread coverage in the Canadian media.

Cosmic Markdown: EPA Says Life Is Worth Less - July 19, 2008 - Washington Post - Someplace else, people might tell you that human life is priceless. In Washington, the federal government has appraised it like a '96 Camaro with bad brakes.Economist W. Kip Viscusi, University Distinguished Professor of Law, Management and Economics, is quoted in this story about the "value of a statistical life" assigned by the Environmental Protection Agency (EPA).

Courts & the law: Damage controlled - July 14, 2008 - Kenneth Jost/CQ Weekly - A recent Supreme Court decision on punitive damages is explained. - Richard Nagareda, director of the Cecil D. Branstetter Litigation & Dispute Resolution Program, is quoted. (Online only)

An American life is worth less today - July 10, 2008 - Associated Press - Economist W. Kip Viscusi, University Distinguished Professor of Law, Management and Economics, is quoted in this story about the "value of a statistical life" assigned by the Environmental Protection Agency (EPA). The "value of a statistical life" is now $6.9 million, according to the Environmental Protection Agency — a drop of nearly $1 million from just five years ago. The story ran in many newspapers, including the Chicago Tribune, the New York Times and the San Francisco Chronicle.

New drive to ban race preferences - July 3, 2008 - Christian Science Monitor - In Arizona, Nebraska, and Colorado, supporters of ballot initiatives that would ban "preferential treatment" based on race are counting up petition signatures to see if there's enough support to bring the issue to voters in November. Carol Swain, professor of law and political science, is quoted.

June 2008

It's mine, I tell you - June 19, 2008 - The Economist - Research by professor of law and professor of biology Owen Jones and colleague Sarah Brosnan of Georgia State about the "endowment effect " -- a tendency to value things more once you own them than you do when you acquire them -- is discussed in a Science & Technology column that appears with the subhead: "Mankind's inner chimpanzee refuses to let go. This matters to everything from economics to law."

Judges: They're Just Like Us - June 2008 - ABA Journal - A study of judicial decision making conducted by Associate Dean for Academic Affairs Chris Guthrie and colleagues Jeffrey Rachlinski and U.S. District Judge Andrew Wistrich of Los Angeles is discussed. The study's results, published in November 2007 in a Cornell Law Review article, "Blinking at the Bench," ignited discussion in the legal blogosphere.

A woman apart - June 6, 2008 - Nashville Scene - Carol Swain, professor of law and political science and a conservative commentator on “Lou Dobbs Tonight,” is profiled.

May 2008

Judicial selection debate expected to heat up - May 29, 2008 - Memphis Daily News - The Judicial Selection Commission wasn’t renewed by the Tennessee Legislature when the legislative session ended last week. But in the next year, the political debate over the commission and its central role in the selection of appellate judges in Tennessee is expected to intensify. Brian Fitzpatrick, professor of law, is quoted.

Tennessee says illegal immigrants can marry - May 24, 2008 - The Tennessean - For the first time in a decade, immigration status won't stop couples from obtaining marriage licenses in Davidson County and marrying anywhere in Tennessee. James Blumstein, University Professor of Constitutional Law and Health Law and Policy, is quoted.

Yahoo investors could get final say on a search sale - May 23, 2008 - CNet.com (online only) - Yahoo investors who feel their hands are tied while sitting on the sidelines of a potential Microsoft-Yahoo search transaction may find a crack in the door to weigh in on the deal, legal experts say. Randall Thomas, John Beasley II Professor of Law and Business, is quoted.

Why Reid? Why now? - May 22, 2008 - WKRN - Criminal law expert Terry Maroney is quoted in a print story about the justification for assessing the mental competence of Paul Dennis Reid, who has been sentenced to death for a string of murders at fast-food restaurants in 1997.

He's a Man, as Charged - May 6, 2008 - The Washington Post - Should young people who are accused of a crime receive the full force of laws intended for adults, given accumulating evidence that their brains are not fully matured? The debate over whether, how and when to charge minors as adults has gone on for years, but new insights into how the brain develops may not bring as much clarity as many hope. Nita Farahany, assistant professor of law, is quoted.

April 2008

Bad math = Mad politics - April 25, 2008 - The Wall Street Journal - The presidential candidates' Electoral College totals this year will depend on campaign strategy, voters' preferences and an enduring debate over mathematical calculations. Paul Edelman, a professor of law and math who has come up with an alternate method for calculating Electoral College votes, is mentioned. Edelman’s work is also discussed in a related WSJ blog post: The Electoral College’s subtle math.

Our hidden prejudices on trial - April 25, 2008 edition - The Chronicle of Higher Education - Implicit bias research, which examines how racial bias operates unconsciously, has entered the legal field. Erin O’Hara, professor of law, is quoted.

DNA tests offer deeper examination of accused - April 20, 2008 - The Washington Post - DNA is not just being used to identify people, but also to explain their behaviors or susceptibility to certain conditions. Nita Farahany, assistant professor of law, is quoted.

Courts & the Law: Stones Left Unturned - April 20, 2008 - Kenneth Jost/CQ Weekly - Richard Nagareda, director of the Cecil D. Branstetter Litigation & Dispute Resolution Program, is quoted in an article that addresses ethical misconduct by plaintiffs' lawyers and their criminal prosecution, including the Milberg Weiss and Scruggs cases.

March 2008

High-profile trial lawyer agrees to guilty plea - March 21, 2008 - The New York Times - Melvyn I. Weiss on Thursday became the latest prominent--to some, notorious--trial lawyer to agree to plead guilty to federal criminal charges, acknowledging his role in a scheme to make hidden side payments to plaintiffs in class-action lawsuits filed by his firm, Milberg Weiss. Richard Nagareda, director of the Cecil D. Branstetter Litigation & Dispute Resolution Program and professor of law, is quoted.

D.C.’s gun ban gets day in court - March 16, 2008 - The Washington Post - The Supreme Court will have an opportunity this week that is almost unique for a modern court when it examines whether the District's handgun ban violates the Second Amendment. Suzanna Sherry, Herman Loewenstein Professor of Law, is quoted.

Zeppos' Vanderbilt vision focuses on the long term - March 5, 2008 - The Tennessean - Calling himself a professor first, new Chancellor Nicholas S. Zeppos wants to increase funding for graduate programs and tackle new health care issues, especially on the business side.

VU gives interim chief the job - March 2, 2008 - The Tennessean - Nicholas S. Zeppos, Vanderbilt's provost and interim chancellor, was named to the university's top position on March 1, reflecting the board's desire for a chancellor more directly involved in Vanderbilt's academic endeavors, and one likely to finish his career at the school. Chancellor Zeppos is a member of the law faculty.

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 America - Carol 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