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In the News

February 2012

The Tennessean: Free speech rights, anti-bullying fight collide - February 6, 2012 - A Tennessee state senator has proposed an amendment to an anti-bullying law that would, he says, protect the First Amendment rights of students to express their religious beliefs, including beliefs on homosexuality. Opponents to the amendment say the amendment is unnecessary because the existing law does not prohibit students from expressing their beliefs in a civil manner. Terry Maroney, associate professor of law, is quoted.

CBS Atlanta: Curtain Back Up On ‘Rocky Horror’ After City Originally Banned Show - February 2, 2012 - After city officials dimmed the proverbial – and literal – lights on a planned production of “The Rocky Horror Show,” private investors and a supportive public at large rallied together to give the show a second chance at life. David Hudson, adjunct professor of law and research scholar at the First Amendment Center at Vanderbilt, is quoted.

News Observer.com: Electing judges still works for N.C. - February 1, 2012 - Since 1868, North Carolinians have elected the members of their judiciary, making our judges directly accountable to the people for these “political” decisions. The North Carolina Bar Association and other groups now seek to replace the system of elections with an appointment-based system, known in legal circles as the Missouri Plan. Research conducted by Brian Fitzpatrick, associate professor of law, is quoted in this opinion piece.

January 2012

National Review Online: Tennessee Republicans carry water for Soros and the trial lawyers - January 31, 2012 - Tennessee governor Bill Haslam, lieutenant governor Ron Ramsey, and state-house speaker Beth Harwell, all Republicans, recently announced they would like to amend the Tennessee Constitution to formalize their version of the Missouri Plan. Research conducted by Brian Fitzpatrick, associate professor of law, is referenced.

Dallas News: Heritage group makes federal case of bid for rebel-flag Texas license plates - January 31, 2012 - A Southern heritage group that has lost two battles to get the state to sell a Confederate flag license plate may have a good chance of winning the war in federal court. David Hudson, adjunct professor of law and research scholar at the First Amendment Center at Vanderbilt, is quoted.

NPR (Boston): Pawn shops find new vitality on TV and in real life - January 30, 2012 - Paige Marta Skiba, associate professor of law, was interviewed for Boston Public Radio’s “Here and Now” about the increasing popularity of pawn shops. (listen)

Chattanooga Times Free Press: Chattanooga Mayor Ron Littlefield's proposed anti-gang initiative faces snags at Capitol - January 30, 2012 - Littlefield's proposed anti-street gang legislation could be in for a rumble in the halls of the state Capitol, lawmakers say. Christopher Slobogin, the Milton R. Underwood Chair in law, is quoted.

Washington Post: The High Court: Supreme Court has shown unity, but little guidance - January 29, 2012 - The Supreme Court’s decision last week regarding GPS tracking of criminal suspects was a very big deal for Antoine Jones, a D.C. nightclub owner and convicted drug dealer who saw his conviction overturned. What it means for the rest of us is not so clear. Christopher Slobogin, the Milton R. Underwood Chair in law, is quoted. Slobogin was also interviewed in a similar story for the Voice of America: Ruling on GPS Tracking by Police Leaves a Big Question.

Tennessean: Phil Valentine’s film attacks Al Gore, global warming claims - January 29, 2012 - Phil Valentine, a radio talk show personality who for years has derided Al Gore and concerns about global warming, has taken his crusade to the big screen with a new movie, An Inconsistent Truth. Professor of Law Michael Vandenbergh and Jonathan Gilligan, associate professor of earth and environmental sciences, are quoted. Several of the movie’s scenes were filmed around Nashville, including some at Vanderbilt.

Naples (Fla.) Daily News: Three state lawmakers push separate measures to alter death penalty procedure - January 28, 2012 - If a killer is headed to death row, a jury needs to recommend it unanimously, contend three Florida legislators who are pushing bills in Tallahassee this session to change Florida law. The current requirement of seven out of 12 jurors isn’t enough to condemn a person to death, they say. Three bills — two in the House, one in the Senate — seek to amend current Florida law so that unanimity among jurors would be required when suggesting capital punishment to a judge. Christopher Slobogin, Milton R. Underwood Chair in Law, is quoted.

WPLN, Nashville Public Radio: Judicial selection critics wave caution flag on constitutional amendment - January 25, 2012 - Brian Fitzpatrick, associate professor of law, is interviewed about Governor Haslam’s proposal to make Tennessee’s judicial selection process permanent by writing it into the state constitution.

New Orleans Times-Picayune: Opinion: Big fish in BP claims reel in suckers - January 24, 2012 - Plaintiffs who were pressured to join litigation against Transocean, one of the defendants in the Gulf oil spill last year, are now finding that they have obliged themselves to pay for legal representation they neither need nor benefit from. Brian Fitzpatrick, associate professor of law, is quoted.

Huffington Post: Walmart faces long battle on sex discrimination, despite Supreme Court ruling - January 24, 2012 - Although the Supreme Court ultimately overturned the Dukes vs. Walmart case last summer—siding with Walmart that the women did not share enough in common to qualify as a class in what would have been the largest class action discrimination suit in history—plaintiffs’ lawyers haven’t given up, and neither have the women. Brian Fitzpatrick, associate professor of law, is quoted.

Chattanooga Times-Free Press: GOP bill seeking biblical displays - January 23, 2012 - Two Tennessee lawmakers are promoting what they think is a legally defensible way for local governments to display the Ten Commandments in county courthouses or on public grounds. Suzanna Sherry, Herman O. Loewenstein Professor of Law and expert in constitutional law, is quoted.

Arizona Republic: Tucson tragedy: Long odds for Loughner defense options - January 23, 2012 - In light of the evidence against him, Jared Loughner’s best chance of avoiding conviction and a possible death penalty will be if he is found incompetent to stand trial because of his mental illness. But the odds are against that happening: Most criminal defendants are found competent to stand trial, especially in high-profile cases. Christopher Slobogin, professor of law, is quoted.

The Tennessean: Online piracy debate rages on - January 22, 2012 - The groundswell of opposition to recent bills in Congress intended to limit online piracy served up a harsh blow to Nashville’s record labels and songwriters, many of whom have lobbied since 2010 to get the legislation ready for a final vote. Daniel Gervais, FedEx Research Professor of Law and co-director of the Intellectual Property Program at Vanderbilt, is quoted.

The Tennessean: TN gun laws, or lack thereof, under attack - January 22, 2012 - Tennessee is among 34 states that don’t require any background checks for private sales of firearms, even if the sale is handled by an online website. But now, the group Mayors Against Illegal Guns is calling for the federal government to mandate background checks in all gun sales. It’s sparked an emotional debate that even divides gun-rights advocates. Rob Mikos, professor of law, is quoted.

USA Today: Internet community cheers power of protest - January 19, 2012 - Yesterday technology companies staged an online blackout to protest two related bills that would crack down on websites that use copyrighted materials and sell counterfeit goods. Google says more than 4.5 million people signed its petition online protesting the legislation as word spread to casual Web users who may not have previously paid attention. Daniel Gervais, FedEx Research Professor of Law and co-director of the Vanderbilt Intellectual Property Program, is quoted.

One News Now: Analyst: Romney’s lead media-manufactured - January 19, 2012 - A leading cable news network shows one of the GOP presidential candidates hitting record highs in a recent poll, and Carol Swain, professor of political science and law, believes the media is trumping personal conviction and swaying political opinion.

Politico: Supreme Court holds the fate of Medicaid - January 18, 2012 - Two cases before the Supreme Court have the potential to effectively do what Republican lawmakers have tried and failed: transform Medicaid into a block grant program for states with few enforceable federal rules about how they provide health coverage for the poor. James Blumstein, University Professor of Constitutional Law and Health Law and Policy, has filed an amicus brief in one of the cases and is quoted.

The Tennessean: Bible used to fight, defend Alabama immigration law - January 18, 2012 -Members of Nashville-based Clergy for Tolerance say that new immigration laws have to mix justice with compassion. They hope to prevent Tennessee from passing immigration laws like the one in Alabama, which they say is too harsh. But supporters of the Alabama measure say the Bible teaches that the government’s job is to enforce the law, and those who break it should be punished. Carol Swain, professor of law and political science, is quoted.

Wall Street Journal: Opinion: First thing we do, let’s kill all the law schools - January 16, 2012 - States should permit undergraduate colleges to offer majors in law that will entitle graduates to take the bar exam, write John McGinnis, a professor of law at Northwestern University, and Russell Mangas, an attorney at Kirkland & Ellis in Chicago. The piece mentions a recent analysis by Herwig Schlunk, professor of law at Vanderbilt, suggesting that the total cost of law school for bright students with other career opportunities is around $275,000.

Reuters: Analysis: U.S. sanctions hamper Iran bid to recover $1.75 billion - January 15, 2012 - Iran’s effort to recover some $1.75 billion frozen in a U.S. bank faces a new obstacle due to a law President Barack Obama signed last month, potentially further squeezing Tehran’s economy and exacerbating tensions between the two countries. With such a large sum on the line and with Iran beset by economic sanctions from Western countries skeptical of its assertion that it does not seek to develop atomic bombs, Iran’s central bank plans to file a motion for the funds next month. Ingrid Wuerth, professor of law, is quoted.

Los Angeles Times: Supreme Court to consider educators’ response to cyber-bullying - January 14, 2012 - Two principals targeted in MySpace attacks suspended the involved students, who sued on grounds of free speech and won. The issue has now been taken to the Supreme Court. David Hudson, adjunct professor of law and research scholar at the First Amendment Center at Vanderbilt, is quoted.

USA Today: U.S. vows investigation of incident with corpses - January 13, 2012 - The Marines and the Obama administration promised a full investigation into a video that purports to depict four U.S. Marines urinating on the corpses of Taliban fighters, images that could be used as propaganda by America’s enemies, experts say. Michael Newton, professor of the practice of law and expert in international criminal law, is quoted. Professor Newton was also quoted in a similar story in the New York Times: Reprehensible behavior is a risk of combat, experts say.

The Tennessean: Want that job? Quit smoking and boost your odds - January 12, 2012 - More U.S. job-seekers are facing an added requirement before they can land a job: no smoking at work or anytime. But, so far in Tennessee, only one company in Chattanooga has gone so far as to block smokers from being hired. And some say a 22-year-old state law pushed through by tobacco lobbyists may be playing a role in turning other businesses away from exploring the idea. Robert Covington, professor emeritus of law, is quoted.

The Tennessean: New ethics code for TN judges draws praise, concerns - January 12, 2012 - A new ethics code for Tennessee judges may increase the public’s confidence in the judiciary, but some changes come at the expense of judges’ First Amendment rights, critics warn. The revamped Code of Judicial Conduct bars judges from making political donations and imposes tighter restrictions on when judges must step down, or recuse themselves, from cases because of conflicts of interest. Brian Fitzpatrick, associate professor of law, is quoted.

ABCNews.com: The Note: Protests mark Guantanamo Bay detainee center’s 10th anniversary - January 12, 2012 - Opponents of the Guantanamo Bay detention center today marked its 10-year anniversary with protests from Belgium to Washington, D.C. Vijay Padmanabhan, assistant professor of law and former State Department chief counsel on Guantanamo, is quoted here and was interviewed for a related story on CNN International. The CNN interview was conducted at VUStar, Vanderbilt’s campus broadcast facility.

Chattanooga Times-Free Press: Hamilton County sues Occupy Chattanooga - January 12, 2012 - On Tuesday, the Hamilton County Commission filed suit in U.S. District Court, asking for a declaration that new rules governing public use of county land are compatible with the First Amendment and can be applied to protesters who’ve been on the lawn since November. The suit names Occupy Chattanooga, nine individuals and unnamed “John Does” and “Mary Does.” David Hudson, adjunct professor of law and research scholar at the First Amendment Center at Vanderbilt, is quoted.

BNA: Criminal Law Reporter: Supreme Court Resolves Circuit Splits Over Procedural Issues in Habeas Cases - January 11, 2012 - The U.S. Supreme Court decided Jan. 10 to adopt the shorter of two competing interpretations of the Antiterrorism and Effective Death Penalty Act's limitations period for federal habeas corpus petitions. Nancy King, the Lee S. and Charles A. Speir Professor of Law and a leading authority on modern federal habeas corpus, is quoted. (subscription required)

Public Radio International: The Takeaway: What’s the future of Guantanamo? - January 11, 2012 - Wednesday marks the tenth anniversary of the United States opening a detention camp in Guantánamo Bay, Cuba. The past decade has seen no shortage of controversy about the base, both on legal and moral terms. There are currently 171 prisoners being held there, and no signs of shutting the facility down in the near future. Vijay Padmanabhan, assistant professor of law at the Vanderbilt Law School, discusses the legal and political future of the base.

New York Times: Study challenges Supreme Court’s image as defender of free speech - January 7, 2012 - Leading scholars and practitioners of the law have called the Supreme Court under Chief Justice John Roberts the most pro-First Amendment court in American history. But a recent study by a scholar at NYU shows that the court is actually hearing fewer First Amendment cases and is ruling in favor of free speech at a lower rate than any of the courts led by the three previous chief justices. David Hudson, adjunct professor of law and research scholar at the First Amendment Center at Vanderbilt, comments on the study.

Associated Press: Trial not likely for Jared Lee Loughner in 2012 - January 6, 2012 - The mentally ill man charged in the Tucson shooting rampage that killed six people and wounded Rep. Gabrielle Giffords and 12 others isn’t expected to go to trial in 2012 as he continues to be forcibly medicated to make him psychologically fit to stand trial. Christopher Slobogin, Milton R. Underwood Chair in Law and professor of psychology, is quoted.

The Tennessean: Federal lawsuit accuses Williamson sheriff’s office of wrongly detaining immigrants - January 3, 2012 - Immigrants suspected of living in the U.S. illegally are routinely taken into custody by sheriff’s deputies in Williamson County even though the agency has no authority to make such arrests, according to a federal complaint. Carol Swain, professor of political science and law, is quoted.

December 2011

National Law Journal: Study: Jurors can’t distinguish between knowing and reckless conduct - December 20, 2011 - A recent study has shown that jurors often are unable to distinguish between knowing and reckless conduct, as defined by the Model Penal Code. This inability to accurately distinguish between knowing and reckless actions has serious implications for sentencing in high-stakes cases including homicide. Owen Jones, New York Alumni Chancellor's Chair in Law, Professor of Biological Sciences and director of the John D. and Catherine T. MacArthur Foundation Research Network of Law and Neuroscience, led the study and is quoted.

Knoxville News-Sentinel: Gov. Bill Haslam donating $4.5 million per year to charitable foundations - December 18, 2011 - Over a 10-year period, Bill Haslam has contributed more than $45 million to two charitable foundations that, in turn, have donated almost $25 million to hundreds of organizations promoting education, religion and culture. Beverly Moran, professor of law, has authored a book on tax law and charities and is quoted.

Toronto Star: Sexual harassment in the same league as injury and death when it comes to ‘danger pay’: study - December 14, 2011 - Men and women who work in industries where there is greater risk of sexual harassment are paid more than those in occupations where the risk is low, according to research by Joni Hersch, professor of law and economics.

Christian Science Monitor: Confusion reigns over medical marijuana as states and feds clash - December 13, 2011 - Sixteen states allow medical marijuana for patients with prescriptions. But the feds have lately cracked down on what they say are abuses by the burgeoning industry. Robert Mikos, professor of law and expert in marijuana legalization issues, is quoted.

Inc.com: A speed bump in the Obamacare lawsuit - December 12, 2011 - The lead plaintiff in the Supreme Court case against Obama’s health care act filed for bankruptcy. That raises some thorny legal questions about the future of the case. James Blumstein, University Professor of Constitutional Law and Health Law and Policy, is quoted.

Associated Press: UK experts: Too soon to use brain science in court - December 12, 2011 - Brain science cannot be used as a legal defense for criminal behavior, at least not yet, says a report from British experts who examined how neuroscience is being used in some court cases. Nita Farahany, associate professor of law and philosophy, studies neuroscience and law and is quoted.

Knoxville News-Sentinel: Dossett Leath’s lawyers ‘to explore all correct avenues’ - December 12, 2011 - The murder conviction of Raynella Dossett Leath is among the cases at risk of reversal because of Criminal Court Judge Richard Baumgartner’s drug addiction and off the bench misconduct. His misconduct has already led to new trials for four others. Christopher Slobogin, professor of law, is quoted.

Bloomberg Businessweek: Obama unlikely to get opportunity to appoint Cordray in recess - December 12, 2011 - Lawmakers seeking to wrap up congressional work for the year likely will leave Washington this month without giving President Barack Obama the opportunity to make a temporary appointment of his nominee to head the new Consumer Financial Protection Bureau, but he is unlikely to do so. David Lewis, professor of political science, is quoted.

Associated Press: Admin moves to clarify endangered species list - December 9, 2011 - A proposed new rule would end a practice in which some endangered spec ies are classified differently in different states. J.B. Ruhl, who holds the David Daniels Allen Distinguished Chair in Law, is quoted.

Washington Times: Feds use video surveillance to catch fraud for workers’ comp - December 7, 2011 - The Postal Service inspector general is one of a handful of investigative agencies whose use of video surveillance to target disability fraud was singled out in a recent congressional report. The Government Accountability Office, the investigative arm of Congress, disclosed the surveillance practices as part of a broader review of workers’ compensation fraud controls at a half-dozen agencies across government. Christopher Slobogin, professor of law, is quoted.

November 2011

TruTVinterviewed Christopher Slobogin, Milton R. Underwood Chair in Law, about battered women’s syndrome and how the courts’ attitudes have changed regarding this controversial defense. The interview was conducted at VUStar, Vanderbilt’s campus broadcast facility.

MSNBC.com: Where harassment is higher, so are salaries - November 30, 2011 - When the risk of workplace sexual harassment is high, companies pay bigger salaries, a new study by Joni Hersch, a professor of law and economics, shows. And that may just be because it’s cheaper to give a bump in pay than it is to banish bad behavior. Hersch’s research is also reported in Britain’s Daily Mail: Workers who face greater risk of sexual harassment are paid higher salaries.

Legal Newsline: Panel picks holes in class action process - November 28, 2011 - Law professors, attorneys and the head of one non-profit seemed to agree at a panel held earlier this month that much of the problems with class action settlements could be resolved, or at least improved, through procedural changes. Brian Fitzpatrick, associate professor of law, participated in the panel.

Thompson Reuters News and Insight: Ninth Circuit wants “cy pres” charities chosen carefully - November 23, 2011 - For the second time in two months, a circuit court has found that charities selected to receive “cy pres” payments—funds that go to nonprofits when payments to the plaintiffs are not feasible—are the wrong parties to get the cash. Brian Fitzpatrick, associate professor of law, is quoted.

USA Today: Fact check: GOP national security debate - November 23, 2011 - The Nov. 22 Republican presidential candidates’ debate was thin on memorable moments or major factual bloopers, but there were a few errors. Among them was a claim by businessman Herman Cain that terrorists were known to have entered the United States via the unsecured Mexican border. A March 2011 report by the Houston Chronicle citing research by Carol Swain, professor of law and political science, and graduate student Saurabh Sharad, is mentioned.

ABA Journal: Law prof’s hypothetical students lose money acquiring JDs; ‘also ran’ outpaces top performer - November 22, 2011 - A Vanderbilt law professor who examined the value of a law degree for three hypothetical students has reached a surprising conclusion: The value of law school as an investment may be better for an “also ran” student than a “hot prospect,” though neither made a smart choice. In all three of Herwig Schlunk’s hypotheticals, the students lost money by attending law school. His hypothetical also ran student had a nonmarketable major and low-paying job prospects outside of law school, while his hot prospect could have done fairly well without a law degree.

Maclean’s (Canada): Payday loans go high-tech - November 22, 2011 - ZestCash, an online American start-up that aims to get small loans to borrowers with poor credit, judges potential customers by their online signatures. In the same way Amazon recommends books and Google orders search results, ZestCash computers can figure out if you’re a good bet to pay back your loan. Paige Marta Skiba, associate professor of law, has studied payday lending and is quoted.

New York Times: What they don’t teach law students: lawyering - November 20, 2011 - Law schools have long emphasized the theoretical over the useful, with classes that are often overstuffed with antiquated distinctions, like the variety of property law in post-feudal England. Law schools’ aversion to all things vocational has been much debated, both inside and outside the academy. But critics are fighting both tradition and the legal academy’s peculiar set of neuroses. Edward Rubin, University Professor of Law and Political Science and former dean of the Law School, is quoted.

Ingrid Wuerth appointed to State Department Advisory Committee on International Law
Release Date: Nov 15, 2011
Wuerth directs Vanderbilt's International Legal Studies Program.

The Tennessean: EMI sale to rattle Music Row - November 12, 2011 - Friday’s surprising news that music industry giant EMI Group would be split in half and sold to two of its biggest competitors leaves the fate and future direction of EMI’s influential Nashville music institutions in the air. While listeners are unlikely to notice much of a difference at first, consolidating ownership into the hands of three major record labels instead of four means those three companies will have a larger hand in deciding how music is sold to consumers going forward, says Daniel Gervais, co-director of the Vanderbilt Intellectual Property Program.

Miller-McCune: Cigarettes do have free speech rights - November 9, 2011 - A U.S. court in the District of Columbia determined that extremely graphic depictions of diseased lungs and rotting teeth that the U.S. Food and Drug Administration required be put on cigarette packages was provocative rather than educational and therefore did not meet the criteria for government-mandated speech. David Hudson, adjunct professor of law and research scholar with the First Amendment Center at Vanderbilt, is quoted.

FOXNews.com Live: Video: Did Wal-Mart discriminate against its workers? - November 8, 2011 - Brian Fitzpatrick, associate professor of law, was interviewed on the new string of Wal-Mart discrimination class action lawsuits filed in Texas and California. The live interview was conducted using VUStar, Vanderbilt’s campus broadcast facility.

Bloomberg: Police GPS Device Use Triggers Privacy Clash at U.S. High Court - November 6, 2011 - In a case now in front of the U.S. Supreme Court, use of GPS tracking devices by law enforcement to monitor day-to-day activities f suspected criminals is raising far-reaching concerns over privacy rights in a technological age. Christopher Slobogin, the Milton R. Underwood Chair in Law and Director of the Criminal justice Program, is quoted.  

Washington Post: The risk of sexual harassment can mean a bigger paycheck - November 4, 2011 - When sexual harassment claims against Republican candidate Herman Cain emerged this past week, his campaign first denied the allegations, then acknowledged a settlement to one woman and, eventually, blamed rival Rick Perry’s camp. One untested tactic: Contend that the allegedly harassed employees at the National Restaurant Association were paid salaries that compensated them for that very risk. Workplace sexual harassment is against the law but still rampant in many industries, but research by Joni Hersch, professor of law and economics, indicates that there is a quantifiable pay bonus for “unwanted sexual attention” at work. 

October 2011

The Tennessean: Law center brings environmental muscle to Nashville - October 28, 2011 - The Southern Environmental Law Center is opening an office here with a managing attorney who is part of the city’s most high-profile, green-leaning duo. Anne Davis '81, instructor in law at Vanderbilt, wife of Mayor Karl Dean '81 and head of his task force on environmental sustainability, took on the job Monday. Michael Vandenbergh, professor of law and director of the Environmental Law Program and Climate Change Research Network at Vanderbilt, is quoted.

October 25, 2011 - “Fox News Live”interviewed Michael Newton, professor of the practice of law and expert in international law and war crimes, about the recent developments in the Libyan revolution. The live interview was conducted at VUStar, Vanderbilt’s campus broadcast facility and aired live on FOXNews.com.

 

October 24, 2011 - "CNN Sunday” interviewed Michael Newton, professor of the practice of law and international law expert, on the next steps for the Libyan rebels after the death of Moammar Gadhafi. CNN’s “Newsroom” also interviewed Newton, on how to establish the rule of law in Libya. Both interviews were conducted at VUStar, Vanderbilt’s campus broadcast facility.

 

October 24, 2011 - Carol Swain, professor of law and political science, was a guest on FOX’s “Hannity” to discuss the video of the capture and treatment of Moammar Gadhafi by Libyan rebels and Vanderbilt’s nondiscrimination policy for student organizations. FOX aired three additional reports on the policy on “Fox and Friends” with guests former Arkansas governor Mike Huckabee, Father Jonathan Morris and Swain. (Video) 

Tennessean: Nomination plan draws skepticism among TN judges - October 21, 2011 - Judges attending this fall’s Tennessee Judicial Conference in Cool Springs aren’t sold on a lawmaker’s plan to revamp the way the state’s most powerful judges are selected. Sen. Brian Kelsey, R-Germantown, filed a proposed constitutional amendment this week that, if approved, would see members of the state Supreme Court, Court of Appeals and Court of Criminal Appeals selected in a manner similar to federal judges, who are appointed by the president and confirmed by the U.S. Senate. Brian Fitzpatrick, associate professor of law, is quoted.

NPR's The Take Away: Building a Democratic Libya After Dictatorship - October 21, 2011 - The death of Moammar Gadhafi and the capture of Sirte brings to close a prolonged struggle between the Gadhafi regime and Libya's pro-democracy rebels, ending years of conflict and clearing the way for a new era of rebuilding, with challenges of its own. With the fall of a ruler who has been in power for more than four decades, Libya in many ways will be starting from scratch. Michael Newton, professor of the practice of law and legal adviser to the Libyan rebels, is interviewed along with former Assistant Secretary of Defense Larry Korb.

Associated Press: Aspiring rapper on trial in alleged threat case - October 20, 2011 - An aspiring rapper, who insists he was only sketching out lyrics when he wrote what authorities call a note threatening a Virginia Tech-like “murderous rampage,” went to trial Tuesday in a case that could hinge on a jury’s interpretation of constitutional free speech. David Hudson, adjunct professor of law and research scholar at the First Amendment Center at Vanderbilt, is quoted.

The Tennessean: New way to pick TN judges proposed - October 19, 2011 - A state senator has proposed an amendment to the Tennessee Constitution that aims to strike a balance between concerns that Tennessee’s highest judges are unconstitutionally appointed and fears that the judiciary would be too heavily influenced by money, politics and special interests if there were statewide popular elections for the appellate courts. Brian Fitzpatrick, associate professor of law and expert in judicial selection issues, is quoted.

Chattanooga Times-Free Press: Jesse Mathews may face death sentence - October 16, 2011 - A Colorado fugitive charged with killing a Chattanooga police officer may face the death penalty. Christopher Slobogin, professor of law and expert in mental health law, is quoted.

CQ Weekly: Choosing words wisely at HHS - October 16, 2011 - The Health and Human Services Department issued a written policy in late September prohibiting its employees from speaking with journalists without news-office approval. In a city that lives on leaks and quotes, the policy shook things up. David Hudson, adjunct professor of law and research attorney with the First Amendment Center at Vanderbilt, is quoted. (Subscription required)

Forbes: House regret: Among divorcing couples, the house is now a ‘hot potato’ - October 12, 2011 - While a divorcing spouse who was able to keep the family house used to come out ahead, many are now finding themselves with houses they can neither sell nor afford to keep. Kelly Lise Murray, director of the professional education program and the Vanderbilt Collaboration Project at Vanderbilt Law School and expert in divorce real estate, is quoted.

Tri-Cities.com: Opinion: High court tackles church-state dispute - October 10, 2011 - Last week the Supreme Court looked at whether teaching religion and leading students in prayer in a religious school makes a teacher a minister, and whether that prohibits her from suing under workplace discrimination laws if fired. Brian Fitzpatrick, associate professor of law, is quoted.

National Post (Canada): Pricing patents is a tough call, conference told - October 7, 2011 - Estimating the cost of taking an invention from idea to issued patent is easy. But determining what that intellectual property is worth, once the patent is approved, is anyone’s guess. The mystery of patent valuation was one of the topics discussed at a two-day conference here on Canada’s IP policy, hosted by the Canadian International Council, a Toronto-based think-tank. Daniel Gervais, professor of international law and director of the Intellectual Property Program, presented at the conference and is quoted.

NPR: Brain Science in the Courts - October 7, 2011 - Should a convicted murderer be given a lighter sentence if a brain scan suggests he can't tell right from wrong? Courts are increasingly confronting such questions as the use of MRIs as evidence becomes more common. Host Dave Iverson discusses the intersection of brain science and the law with Nita Farahany, associate professor of law, Owen Jones, professor of law and biological sciences, and Ken Murray, assistant federal public defender in Phoenix.

The Blaze: Opinion: The secularization of college religion - October 4, 2011 - Requiring university-funded student groups to adhere to Vanderbilt’s nondiscrimination policy restricts freedom of religion, expression and assembly, writes Carol Swain, professor of political science and law. Columnist Mike Adams objects to the policy in an opinion piece on the website TownHall.com: Postmodern Vanderbilt. The issue was also reported by the Christian Broadcasting Network: Professor: Vanderbilt University ‘suppressing’ Christians. (Read Vanderbilt University’s statement on nondiscrimination)

Associated Press: Legal experts: Loughner’s only defense is insanity - October 1, 2011 - A judge has ruled that Tucson shooting rampage suspect Jared Lee Loughner isn’t yet mentally fit for trial, but legal experts say it’s only a matter of time before his competency is restored and that his lawyers will have no choice but to mount an insanity defense. Christopher Slobogin, professor of law, is quoted.

September 2011

The Tennessee Report: How to pick judges? Issue remains politically unsettled in TN - September 30, 2011 - Gov. Bill Haslam knows he doesn’t want Tennessee Supreme Court and appeals court judges to be selected by voters. But he’s unwilling to say if he believes an unbiased reading of the Tennessee Constitution backs him up on that. Brian Fitzpatrick, associate professor of law, has studied judicial selection and is quoted.

The Tennessean: Court attitudes shift to accept use of battered woman defense - September 29, 2011 - The Tennessee Board of Probation and Parole’s decision to free Gaile Owens illustrates broader understanding of domestic violence and its effects on victims than existed a quarter century ago, advocates and legal experts said Wednesday. Christopher Slobogin, Milton R. Underwood Chair in Law, professor of psychiatry and director of the criminal law program at Vanderbilt Law School, is quoted.

USA Today: Editorial: Don’t ticket ‘flashing’drivers - September 28, 2011 - People who flash their headlights to warn oncoming drivers about speed traps shouldn’t be ticketed because they are doing the same thing state troopers are: trying to slow drivers down.David Hudson, adjunct professor of law and research scholar at the First Amendment Center at Vanderbilt, is quoted.

Reuters: States debate judicial elections versus appointed bench - September 26, 2011 - Several states that appoint judges are considering a switch to an elected bench, despite growing criticism from judges about the influence of money in judicial elections. One of the most active is Tennessee, where conservative legislators believe that appointed judges are out of touch with the electorate and unaccountable to voters. Brian Fitzpatrick, associate professor of law, is quoted.

United Press International: Is class action on its last shaky legs? - September 26, 2011 - Many legal analysts say we are hearing the death rattle of the class action lawsuit, pushed into last sacrament territory by a 5-4 conservative majority on the U.S. Supreme Court that has enormous sympathy for business but almost none at all for the average consumer. Brian Fitzpatrick, associate professor of law, is quoted.

Gannett News Service: Loan program for fuel-efficient cars at risk in spending fight - September 26, 2011 - Proposed cuts to a program that has funneled $1.45 billion into electric-vehicle manufacturing in Tennessee are helping delay passage of a bill to fund the government until Nov. 18. Michael Vandenbergh, Tarkington Chair in Teaching Excellence and director of the Environmental Law Program, is quoted.

Wall Street Journal: Digits: How technology is testing the Fourth Amendment - September 21, 2011 - The Fourth Amendment of the U.S. Constitution protects against “unreasonable searches and seizures” —but what does that mean when it comes to techniques that use technology rather than a physical search that is easy to see? In many ways, it remains unclear. But there a few key issues that courts have been considering lately when it comes to this question. Christopher Slobogin, the director of the Criminal Justice Program, is quoted.

Big Picture Science: Whodunit, Who'll Do It? - September 19, 2011 - Radio broadcast on the future of forensic science features Owen Jones, director of the MacArthur Research Network on Law and Neuroscience, which is based at Vanderbilt Law School.

Wall Street Journal: Law Blog: Does the Constitution protect flashing headlights? - September 20, 2011 - Flashing headlights is an age-old method used by motorists to tip off other drivers that there’s a highway patrol officer nearby—a tip-off that is apparently a moving violation. A class action lawsuit filed in Florida claims that it violates motorists’ free speech rights to ticket them for flashing their headlights. Comments made by David Hudson, adjunct professor of law and scholar at the First Amendment Center at Vanderbilt, to Florida Today about the case are included. Hudson was also interviewed about the case by Pittsburgh’s KDKA: Warning drivers with high beams free speech?

Reuters: Trade law hits raw note for guitar maker Gibson - September 19, 2011 - When federal agents seized rare ebony and rosewood from famed guitar maker Gibson Guitars, it sparked a firestorm over illegal logging, the content of musical instruments, and preserving American jobs. Klint Alexander, senior lecturer in political science and adjunct professor of law, is quoted.

USA Today: Headlight-flashing faces test as free speech in Florida - September 19, 2011 - A class-action lawsuit filed in Florida seeks to bar law enforcement from issuing tickets to drivers who flashed their headlights to warn oncoming drivers of speed traps, plus refunds and civil damages for previously cited motorists. David Hudson, adjunct professor of law and scholar at the First Amendment Center at Vanderbilt, is quoted.

Investor’s Business Daily: Companies could challenge ObamaCare employer fines - September 16, 2011 - A glitch in the new federal health care reform law could result in some businesses being exempt from fines for not providing their workers with health insurance. James Blumstein, University Professor of Constitutional Law and Health Law and Policy, is quoted.

Science: Chat: Brain science and the law - September 14, 2011 - In recent years, brain research has been finding its way into the courtroom, as more lawyers use the results of brain scans as lie detectors, or to suggest brain abnormalities could have contributed to criminal behavior. How solid is the science behind these arguments? Do scientists and judges have different standards for weighing the evidence? And what is the outlook for the impact of neuroscience on the legal system? Read the transcript of a chat session with Owen Jones, director of the Research Network on Law and Neuroscience.

ABCNews.com: 9/11 families, except one, receive over $7 billion - September 12, 2011 - Ten years after the September 11 attacks on the World Trade Center and the Pentagon, deceased victims’ families and the injured have been compensated over $7 billion. Of 2,977 victims who lost their lives as a result of the attack, only one survivor’s family has refrained from settling its claims with the airline and a security company they say were negligent. Brian Fitzpatrick, associate professor of law, is quoted.

Detroit News: How 9/11 changed America - September 9, 2011 - The Sept. 11 terrorist attack, whose 10th anniversary is Sunday, changed how Americans think, what they do, how they see the world, how they see themselves. Christopher Slobogin, professor of law, has written about the changing perception of privacy since 9/11 and is quoted.

Investor’s Business Daily: Opinion: Oops! No ObamaCare tax credit via federal exchanges? - September 7, 2011 - Because of a quirk in the new health care law, people who buy health insurance through a federally run exchange may not be eligible for premium subsidies, writes columnist David Hogberg. James Blumstein, University Professor of Constitutional Law and Health Law and Policy, is quoted.

The Tennessean: Neuroscience causes court headaches - September 7, 2011 - Researchers at Vanderbilt University are seeking to provide guidance on how novel technologies like functional MRI scans should be used in courtrooms with the support of a $4.85 million grant from the John D. and Catherine T. MacArthur Foundation. Director Owen Jones, professor of law and biological sciences, and Jeffrey Schall, E. Bronson Ingram Professor of Neuroscience, are quoted.

The Tennessean: Al Gore’s message about climate change grows in urgency - September 7, 2011 - Former Vice President Al Gore has shifted from rallying support to pass legislation to try to stem climate change — an effort that resulted in a near miss in Congress — to an emphasis again on reaching everyday people. Michael Vandenbergh, a professor of law and director of the Climate Change Research Network, is quoted.

National Law Journal: Plenty of Ph.D.s at elite law schools
More than a quarter of the faculty at the top 26 law schools, as determined by U.S. News & World Report, hold a Ph.D., according to research by W. Kip Viscusi, University Distinguished Professor of Law, Economics and Management, and Joni Hersch, professor of law. Vanderbilt’s joint J.D./Ph.D. program in law and economics is mentioned.

The Tennessean: Opinion: Move would tie budget to Constitution - September 6, 2011 - Recent calls for a balanced-budget amendment may be nothing more than political grandstanding, an effort to capitalize on pervasive fears about our admittedly formidable deficit, writes Edward Rubin, University Professor of Law and Political Science.

Diverse: Family histories of ‘passing’ from black to white documented in book - September 6, 2011 - The Invisible Line: Three American Families and the Secret Journey from Black to White, by Daniel Sharfstein, associate professor of law, is reviewed.

NewScientist: Brain scans reduce murder sentence in Italian Court - September 2, 1011 - An Italian woman is the latest person to have a murder sentence reduced on the grounds that abnormalities in her brain, and genes, could explain her behaviour. Research by Nita Farahany, associate professor of law and associate professor of philosophy,  is mentioned. Between 2004 and 2009, 16 per cent of a sample of 700 legal cases had introduced brain scans as evidence, Farahany told New Scientist last year.

WikiPeers: Increase in the borrowing amount alleviates the United States - September 2, 2011 - A recent law passed by the Tennessee General Assembly has increased the pay day loan borrowing limit up to $500 but at substantially higher interest rates. Paige Skiba, associate professor of law, is quoted.

ABA Journal: Analysis: Center stage for the First Amendment: Protecting controversial speech shows a libertarian bent - September 1, 2011 - When history books look back at the last U.S. Supreme Court term, they may well focus on the first 45 words of the Bill of Rights. The First Amendment often took center stage, as the justices examined disputes involving funeral protests, violent video games, employee petitions, restrictions on pharmaceutical marketing and campaign finance reform, writes David Hudson, adjunct professor of law and research attorney at the First Amendment Center at Vanderbilt.

August 2011 

Nature: Neuroscience vs. philosophy: Taking aim at free will - August 31, 2011 - As humans, we like to think that our decisions are under our conscious control — that we have free will. Philosophers have debated that concept for centuries, and now experimental neuroscientists are raising a new challenge. They argue that consciousness of a decision may be a mere biochemical afterthought, with no influence whatsoever on a person’s actions. According to this logic, they say, free will is an illusion. Owen Jones, director of the Law and Neuroscience Project at Vanderbilt, suggests that research into such questions could help to identify an individual’s level of responsibility.

Global Post: Irrefutable and nearly immediate proof of war crimes in Sudan - August 31, 2011 - The wall of impunity that has long protected war criminals is crumbling. And that process is now accelerating through the use of technology. Atrocities committed during military actions or in campaigns of ethnic cleansing used to be routinely denied, disputed, and covered up for years. Now, through innovative use of satellite imagery and analysis, these crimes are being exposed in near real time. Michael Newton, professor in the practice of law, is quoted.

Miller-McCune: Assessing cigarettes’ right to free speech - August 31, 2011 - How far can federal regulators go in cramming ugly — if accurate — messages onto packs of cigarettes over the objections of the tobacco companies that sell them? First Amendment scholars say this legal battle has been years in the making and raises real questions about what happens when the government’s interest in promoting public health collides with the Constitution. David Hudson, adjunct professor of law and scholar at the First Amendment Center at Vanderbilt, is quoted.

Nashville Business Journal: Food trucks: The way government regulation works - August 30, 2011 - The explosion of lunch trucks around the city has raised questions about how to appropriately regulate the industry. Kevin Stack, professor of law, is quoted.

 The Blaze: Author seeks to change America’s ‘ungodly’ direction - August 30, 2011 - Carol Swain, professor of political science and law, is interviewed about her book, “Be the People.”

Texas Observer: Confederate plates: Free speech or hate speech? - August 30, 2011 - A proposal in Texas to offer a license plate featuring the Confederate battle flag raises the question whether a license plate displays the government’s views, and is therefore government speech, or the driver’s views, making it private speech. David Hudson, adjunct professor of law and research scholar at the First Amendment Center at Vanderbilt, is quoted.

Issaquah (Wa.) Press: Salmon Days lawsuit could hinge on public safety - August 30, 2011 - In a lawsuit filed in U.S. District Court in Seattle, Paul Ascherl said Issaquah police officers threatened to arrest him for handing out Christian literature in places outside the pair of downtown “expression areas” on Salmon Days festival grounds last year. Ascherl relocated to the “expression areas” after police and a festival official intervened. David Hudson, adjunct professor of law and research scholar at the First Amendment Center at Vanderbilt, is quoted.

Post-Journal (Jamestown, New York): International law dialogs start today - August 28, 2011 - Michael A. Newton, professor of the practice of law and expert in terrorism law , is one of several prominent leaders in developing international humanitarian law participating in the fifth annual International Humanitarian Law Dialogs, co-sponsored by the Robert H. Jackson Center and Chautauqua Institution.

Associated Press: Kansas capital cases raises insanity defense issue - August 28 & 25, 2011 - Attorneys for James Kraig Kahler, convicted of killing his estranged wife and three other family members, failed to convince jurors in Osage County (Kansas) District Court that Kahler was too mentally ill at the time to be held legally responsible for the killings. Christopher Slobogin, Milton R. Underwood Chair in Law, is quoted.  

Associated Press: Tennesseans can borrow more from payday lenders - August 27, 2011 - Tennesseans who use payday loans to get cash quickly can now borrow up to $500 from a single lender, but could pay higher fees under a new law passed this year by the General Assembly. Paige Skiba, an assistant professor of law at Vanderbilt University who has researched payday loan limits, said raising the limit actually may be a good thing for borrowers.

WPLN News: Vanderbilt to lead MacArthur law and neuroscience study - August 25, 2011 - The MacArthur Foundation wants to know how the brain is involved in criminal behavior, and it’s giving Vanderbilt University $4.8 million to lead a study into just that. Director Owen Jones, New York Alumni Chancellor’s Chair in Law and professor of biological sciences, is quoted.

Presidential Commission for the Study of Bioethical Issues - August 23, 2011 - At its public meeting on August 29 in Washington, the Presidential Commission for the Study of Bioethical Issues will publicly discuss several key findings as it refines the conclusions of its historical investigation into the U.S. Public Health Service (U.S. PHS) studies done in Guatemala in the 1940s. The U.S. PHS research involved intentionally exposing and infecting vulnerable populations to sexually transmitted diseases. The Commission’s historical investigation is due to President Obama in September. Associate Professor Nita Farahany is a member of the Commission.

Los Angeles Times: Relief delayed for prisoners deemed wrongly convicted - August 21, 2011 - Research by Nancy J. King, Lee S. and Charles A. Speir Professor of Law, is cited in an article about prisoners who appeal to federal judges with claims of wrongful conviction. is cited in an article about prison,

New Scientist: Does science support an insanity defense for Loughner? - August 2011 - In preparation for a September 21 hearing on whether Loughner is mentally capable of standing trial, his defense team are digging into files dating back to his great-grandparents in what The New York Times calls “an apparent effort to show that mental illness runs in [his] family.” Christopher Slobogin, Milton R. Underwood Chair in Law, is quoted.

Nashville Ledger: Payday loans: Taking the good with the bad - August 19, 2011 - Fifteen states have banned payday loans. Many other states, including Tennessee, have capped fee rates, according to the Consumer Federation of America. Paige Skiba , assistant professor of law and expert in micro-banking, is quoted

USA Today: Did prosecutors taint Memphis murder trial? - August 16, 2011 - Attorneys for a Memphis man convicted of murdering a woman whose body was never found want a Tennessee appeals court to find that misconduct by prosecutors and police was so pervasive that the entire Shelby County District Attorney General’s Office should be disqualified from the case, and that a new prosecutor should be brought in to review the evidence. Terry Maroney, associate professor of law, is quoted.

New York Times: Lawyers for defendant in Giffords shooting seem to be searching for illness - August 16, 2011 - Jared L. Loughner’s grandparents and great-grandparents died years ago, but lawyers defending Loughner in connection with a Jan. 8 shooting spree outside Tucson are delving into their lives and those of numerous other Loughner ancestors in an apparent effort to show that mental illness runs in the family. Christopher Slobogin, Milton R. Underwood Chair in Law, is quoted.

The Tennessean: Tennesseans face new Internet rules aimed at curbing piracy, bullying - August 7, 2011 - The Internet habits of Tennessee consumers are about to be subject to a lot more scrutiny, thanks to new laws and industry-imposed regulations being put into place this summer. The new rules pit proponents of an unregulated Internet and consumer privacy against business interests seeking to ensure that people don’t steal content online. Daniel Gervais, director of the Vanderbilt Intellectual Property Program and professor of law, is quoted.

Cincinnati Enquirer: Kentucky shrouds DUI videos in secrecy - August 4, 2011 - The arrest and guilty plea by Covington City Commissioner Steve Frank for driving under the influence highlighted a detail of Kentucky’s DUI law that distinguishes it from other states – the public doesn’t have a right to view the police cruiser camera video of an arrest. David Hudson, adjunct professor of law and scholar at the First Amendment Center, is quoted.

Knoxville News-Sentinel: Analysis: High court asked to hear student online-speech case - August 2, 2011 - A former Connecticut high school student punished for speech critical of school officials on her public Internet journal has asked the U.S. Supreme Court to hear her appeal. If the Supreme Court takes the case, it could offer much-needed guidance on when or whether school officials can punish students for online speech created off campus, writes David Hudson, adjunct professor of law and researcher at the First Amendment Center. Hudson is quoted in a related story in the Las Vegas Review-Journal: How far can it extend off-campus?

FoxNews.com: Hanging of ‘truck nuts’ grows into a free speech debate
A recent case in South Carolina is fueling debate over whether truck ornaments resembling the genitalia of bulls violate a state’s indecency laws and if attempting to regulate them infringes on freedom of speech. David Hudson, adjunct professor of law and researcher at the First Amendment Center, is quoted about the case.

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.

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.

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.