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Work to prevent financial bubbles - January 4, 2010 - The Tennessean - Margaret Blair, professor of law, wrote this opinion piece about ways to improve our financial system to prevent crises in the future.

Send more troops or U.S. loses war - September 23, 2009 -  The Tennessean - Mike Newton, professor of the practice of law and expert in the international justice system, wrote this opinion piece about the importance of having enough troops on the ground in Afghanistan to police the activities of al Qaeda and the Taliban.

President right to order interrogation inquiry - August 25, 2009 - President right to order interrogation inquiry - Klint Alexander, senior lecturer of law and international relations, wrote this opinion piece about President Obama’s recent decision to order a formal inquiry into the interrogation practices of the Bush administration.

Confirmation 'kabuki' does no justice - July 20, 2009 - Politico - Opinion piece by Brian Fitzpatrick, assistant professor of law, addresses the reasons why "we did not learn much" during the confirmation hearings for Supreme Court nominee Sonia Sotomayor.

Bill of Rights put in proper perspective - June 14, 2009 - The Tennessean - James Blumstein, University Professor of Constitutional Law and Health Policy, wrote this opinion piece in response to a column by local commentator Phil Valentine about the Second Amendment.

Apply compassion offered illegal immigrants to the most vulnerable citizens - May/June 2009 - Boston Review - - Carol Swain, professor of political science and law, wrote this opinion piece in response to Joseph H. Carens’s Case for Amnesty. In the piece, which is part of a New Democracy Forum on immigration, she argues that compassion should be directed toward American citizen groups with high unemployment.

Selection by governor may be best judicial option - April 27, 2009 - The Tennessean - Opinion piece by Brian Fitzpatrick, assistant professor of law, addresses Tennessee's "merit selection" process of judicial selection.

Amendment would only bring state in line on abortion - March 28, 2009 - The Tennessean - Carol Swain, professor of law and political science, wrote this opinion piece about the effect of a constitutional amendment on abortion in response to the March 20 opinion piece by Dean Edward L. Rubin, which appears below.

Abortion ruling not likely to change anytime soon - March 20, 2009 - The Tennessean - Opinion piece by Dean Edward L. Rubin addresses Roe v. Wade and a proposed amendment to the Tennessee Constitution that would impose limits on abortion.

Take action on environmental issue now - February 22, 2009 - The Tennessean - Opinion piece by Michael Vandenbergh, director of Vanderbilt's Environmental Law Program and of the Vanderbilt Climate Change Research Network.

Ellen Wright Clayton, the Rosalind E. Franklin Professor of Genetics and Health Policy and professor of law, is featured in a February 9, 2009, NBC Today Show and Dateline NBC story on the California octuplets.

Keeping pace with change - February 5, 2009 - Forbes - Owen Jones, professor of law and professor of biology, wrote this opinion piece about the importance of understanding evolution to commemorate the 200th anniversary of Charles Darwin’s birth.

Listen to a Minnesota Public Radio interview with Suzanna Sherry, Herman O. Loewenstein Professor of Law, on the upcoming slate of cases to be considered by the Supreme Court.

Crimes against humanity in Burma - July 2008 - Public International Law & Policy Group - international law expert Mike Newton argues that, by abdicating its core duties to its own people, the Burmese junta should have no credible voice as the representative of those same people to the international community.

Current leaders place our rights at risk - July 4, 2008 - The Tennessean - Carol Swain, professor of law and political science, wrote this opinion piece about the importance of holding leaders accountable for their policies.

Energy Policy Task Force will help Tennessee meet its energy needs - July 1, 2008 - The Tennessean - Michael Vandenbergh, professor of law and co-director of the Regulatory Program, wrote this opinion piece about the goals of the Governor’s Task Force for Energy Policy, of which he is a member.

Minimum Proposed Deviation Method - April 25, 2008 - Wall Street Journal - Explanation and graphic of Paul Edelman's proposed distribution of state congressional representatives and electoral votes. Professor Edelman argues that the court clearly prefers a method that minimizes deviation of district size, and none of the previously proposed methods for distributing electoral votes accomplishes this goal.

American tax system has structural biases - April 15, 2008 - The Tennessean - Beverly I. Moran, professor of law and professor of sociology at Vanderbilt University, wrote an opinion piece about the disparate impact of the federal tax code on blacks.

The government is trying to wrap its mind around yours - April 13, 2008 - The Washington Post - Nita Farahany, assistant professor of law, wrote this opinion piece about government research on neurotechnology and the troubling applications it may have in the future.

Verdict on Tennessee Plan may require a jury  - April 16, 2008 - The Memphis Commercial Appeal - Brian Fitzpatrick, assistant professor of law, wrote this opinion piece about Tennessee’s unique system for selecting appellate judges and the opportunity to review its effectiveness when the legislature votes whether to renew it.

Those with standing in the community have duty to speak responsibly - March 20, 2008 - The Tennessean Carol Swain, professor of law and political science, wrote this opinion piece countering Vanderbilt sociology professor Dan Cornfield’s assessment that harsh enforcement of immigration laws have a negative effect on communities.

Process of picking judges broken - February 27, 2008 - Chattanooga Times Free Press - Brian Fitzpatrick, assistant professor of law, discusses the Tennessee Plan for appointing appellate judges in this opinion piece.

Hate is our fight: Non-Muslims have role in righting wrongs - February 24, 2008 - The Tennessean - Roger Conner, adjunct professor of law and director of The Advocacy Project at Vanderbilt Law School, wrote this opinion piece in response to the news that arsonists had torched the Islamic Center of Columbia, Tennessee.

We never had enough troops to do the job - February 16, 2008 - The Tennessean - Mike Newton, professor of law, wrote this opinion piece about the early mistakes of the Iraq war and their consequences.

The Public and Private Faces of Peace for Mass Torts - January 28, 2008 - PointofLaw.com - This essay by Mass Torts in a World of Settlement author Richard Nagareda traces how mass tort litigation has given rise to an uneasy combination of public and private institutions, and discusses what the law should do about it.

In the News

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February 2010

Burgeoning social networking system has legal community in a Twitter - February 8, 2010 - Pittsburgh Tribune-Review - Issues have arisen in courts across the country when jurors have kept blogs or tweeted about trial proceedings. David Hudson '94, adjunct professor of law and research attorney with the First Amendment Center at Vanderbilt, is quoted in an article about a January ruling by a Pennsylvania judge that reporters covering the public-corruption trial of a former state and three aides could send short dispatches via Twitter, a social networking site. Although the judge's ruling didn't specifically address defendants, a defendant in the case posted "tweets" about proceedings, raising concerns about whether jurors, journalists or a defendant comprises a trial or jury pool by tweeting or blogging.

Senate likely to be less diverse after elections - February 5, 2010 - Associated Press - That historically all-white club known as the U.S. Senate is likely to lose what little diversity it has after November’s elections. Carol Swain, professor of law and political science, is quoted.

Settlement plan drafted for Sept. 11 lawsuits - February 4, 2010 - New York Times - With a firm trial date looming for thousands of lawsuits brought against New York City by workers injured or sickened from their work at the World Trade Center site after the terrorist attacks of Sept. 11, 2001, lawyers for both sides are engaged in intensive talks aimed at settling some or all the cases. Richard Nagareda, professor of law, is quoted.

Signature skirmish - February 4, 2010 - Tucson Weekly - A petitioner seeking signatures for a ballot measure in Tucson is banned from seeking signatures inside a public library by law, and outside the library by the property manager. David Hudson '94, adjunct professor of law and research attorney at the First Amendment Center, is quoted.

Changes in legal education: Some thoughts from Dean David van Zandt - February 2, 2010 - This law blog reports on a recent presentation by Northwestern Law School dean David van Zandt examining the value of a law degree that mentioned research by Herwig Schlunk, professor of law at Vanderbilt.

January 2010

Tennessee teen expelled for Facebook posting - January 28, 2010 - USA Today - David Hudson '94, adjunct professor of law and research attorney at the First Amendment Center, is quoted in a story about a Nashville high school senior who was expelled from his school after posting what school officials deemed threats toward athletic coaches on his Facebook page.

LA City Council set to approve pot ordinance - January 26, 2010 - Associated Press - With the expected passage of a medical marijuana ordinance by the Los Angeles City Council on Tuesday, hundreds of dispensaries would have to close their doors, putting an end to the so-called “Green Rush” that swept through Los Angeles and much of the state. Robert Mikos, professor of law, is quoted.

Tennessee lawyers tackle review of ethics, conduct code - January 22, 2010 - Nashville Business Journal - The Tennessee Bar Association filed a 182-page petition of amendments to Rule 8 with the Tennessee Supreme Court in May 2009, marking the second ethics-related overhaul in seven years. Susan Kay, associate dean for clinical affairs at Vanderbilt University Law School, is quoted.

States' cost, constitutionality fuel health debate - January 20, 2010 - The Tennessean - For constitutional law scholars such as James Blumstein, University Professor of Constitutional Law and Health Law and Policy, the health-care reform debate in Congress is filled with complex case studies.

See a January 20, 2010, BBC video interview with Carol Swain, professor of law and political science, about President Obama's first year in office for the BBC's "World Have Your Say" program.

White House fellows form Washington counterculture - January 19, 2010 - Houston Chronicle - This opinion piece examines the rising political polarization seen in federal government since the 1990s and mentions a study published in the Vanderbilt Law Review showing increasing partisanship among Supreme Court law clerks.

Bigotry takes on a different shade - January 17, 2010 - Chicago Tribune - The delicate issue of skin-tone bias as recently articulated by Senate Majority Leader Harry Reid has sparked a debate among academics and those in civil rights circles over the changing face of racism, as the nation grows more ethnically diverse and multiracial and discrimination becomes increasingly subtle. Joni Hersch, professor of law, is quoted.

High court's broadcast ruling under microscope - January 15, 2010 - Washington PostDavid Hudson '94, adjunct professor of law and research attorney at the First Amendment Center, is quoted in a story about the Supreme Court ruling blocking the broadcast of a federal trial about the constitutionality of same-sex marriage.

Gay marriage trial revives camera controversy - January 13, 2010 - Associated Press - The U.S. Supreme Court could rule as soon as Wednesday on whether to allow court employees to use a camera to record the pivotal trial in federal court here on the constitutionality of California's ban on same-sex marriage. David Hudson '94, adjunct professor of law and research attorney at the First Amendment Center, is quoted.

Code black - January 11, 2010 - Slate - Code-switching—adjusting the delivery and substance of a message according to the demographic makeup of an audience—occurs anytime a politician is trying to represent more than one group of people. In other words: pretty much always. Carol Swain, professor of law and political science, is quoted.

No more room at the bench - January 8, 2010 - LA Times - The American Bar Association allows unneeded new law schools to open and refuses to regulate them. The government should consider taking steps to stop the flow of attorneys into a saturated marketplace. Research by Herwig Schlunk, professor of law, into the value of a law degree is mentioned.

Court ponders autopsy on executed inmate - January 7, 2010 - USA Today - Tennessee's appeals court is expected to hear arguments Friday on whether medical examiners should be allowed to conduct an autopsy on a death row inmate executed last month. Christopher Slobogin, Milton Underwood Chair in Law and director of the Criminal Justice Program, is quoted. The story also appeared in The Tennessean.

Bizarre ruling - January 7, 2010 - The Columbian (Clark County, Washington) - This editorial about a Washington state law concerning voting rights for felons quotes earlier statements made by Brian Fitzpatrick, assistant professor of law.

Advocate strikes back on Arpaio crime sweeps - January 3, 2010 - Arizona Republic - Every time word spreads that Maricopa County Sheriff Joe Arpaio is conducting one of his controversial crime sweeps—where critics say deputies crack down on even the vaguest of violations as an excuse to check a person’s immigrations status—Lydia Guzman sends out a text message warning to a broad network. David Hudson '94, adjunct professor of law and research attorney with the First Amendment Center at Vanderbilt, is quoted.

December 2009

TN says 13 states' challenge to health bill is premature - December 31, 2010 - The Tennessean - A Republican effort to force changes to the health-care reform bill appears to be gathering steam, but Tennessee's attorney general said Wednesday that his office will sit out for now. Robert Mikos, professor of law, is quoted.

Valley elected officials closely watching Texas Open Meetings Act lawsuit - The McAllen Monitor (Texas) - A handful of Texas cities filed a lawsuit against the state and state Attorney General Greg Abbott contending that the Texas Open Meetings Act is unconstitutional because it limits their free speech rights. David Hudson '94, adjunct professor of law and research attorney at Vanderbilt’s First Amendment Center, is quoted.

Are bonuses back or extinct? - December 23, 2009 - The Tennessean - With traditional holiday bonuses reappearing at some workplaces and going the way of the Grinch at others, it's like the economy can't decide if workers have been naughty or nice this year. Vanderbilt was one local company that did opt to give bonuses to its employees, although statistics show most won’t. Randall Thomas, professor of management, is quoted.

In Supreme Court clerks’ careers, signs of polarization - December 21, 2010 - New York Times - The career choices made by young lawyers who have clerked for justices on the Supreme Court say something important about the state of the Supreme Court. A new study published in the Vanderbilt Law Review has found that, since 1990, more former clerks have started to take jobs that reflect the ideologies of the justices for whom they worked.

Jobless Gen Ys turn to grad school - December 21, 2009 - Forbes - The recession is driving up demand for at least one expensive service: graduate education. So far this year there has been a 13 percent increase in U.S. students taking the Graduate Record Exams, the Educational Testing Service reports. A report by Herwig Schlunk, professor of law, on the value of a law degree is mentioned.

A push in law schools to reform copyright - December 1, 2009 - New York Times - Since 2007, U.S. university students have been a prime target of a litigation campaign by the Recording Industry Association of America, or R.I.A.A., the music industry trade group that has found university campuses to be hives of file-sharing activity. Daniel Gervais, director of the entertainment and technology law program at Vanderbilt Law School, is quoted.

Environmental law evolves - December 1, 2009 - New York Times - One of the most recent specialties to be studied in law schools is climate change, a complex field that many schools are now starting to explore. Michael Vandenbergh, professor of law and director of Vanderbilt’s Climate Change Network, is quoted.

November 2009

Why 'say on pay' won't work - November 16, 2009 - Fortune Magazine - This Fortune/CNNMoney article reports on a financial reform plan proposed this month that would give investors in public companies an advisory vote on pay policies starting in 2011. Margaret Blair, professor of law, is quoted.

"Mamas Don't Let Your Babies Grow Up to Be Lawyers" - November 13, 2009 - Wall Street Journal - The Law Blog reports on a new paper by Herwig Schlunk, professor of law, that examines the value of a law degree. Professor Schlunk's essay treats a legal education as an investment, and asks the question of whether, based on known costs and expected benefits, such investment should be undertaken.

 Law School as an Investment - November 12, 2009 - New York Times Economix blog - A discussion of Herwig Schlunk's research paper, "Mamas, Don't Let Your Babies Grow Up to Be Lawyers."

Your neighbors are saving energy; why aren't you? - November 10, 2009 - New York Times - Environmental policy makers have focused on the benefits of behaviors to reduce carbon emissions without considering people's willingness to participate. This article quotes Vanderbilt Law Professor Michael Vandenbergh, director of Vanderbilt's Climate Change Research Network, about a team research project that gauged the willingness of people to participate in various behaviors aimed at reducing carbon emissions. The team's findings: Sealing leaky windows, switching to low-flow shower heads, making sure car tires are inflated properly, regular auto maintenance and similar changes can reduce U.S. carbon emissions by 7.4 percent yearly, but a large-scale plan to promote these behaviors will require a lot of work on the part of scientists and public policy makers.

Murderer with 'aggression genes' gets sentence cut - November 3, 2009 - New Scientist - A judge's decision to reduce a killer's sentence because he has genetic mutations linked to violence raises a thorny question: Can your genes ever absolve you of responsibility for a particular act? Nita Farahany, professor of law and philosophy who studies behavioral neuroscience, is quoted.

Debate focuses on gun-carry permit list - November 4, 2009 - Memphis Commercial Appeal - Advocates of the First and Second Amendments sat down together Tuesday at the First Amendment Center at Vanderbilt to debate whether the state's list of 257,000 handgun-carry permit holders should be kept public. David Hudson '94, adjunct professor of law, participated in the panel.

Genes, murder, and bad driving - November 2, 2009 - Slate - The online magazine’s “Human Nature” blog reports on a recent court case in Italy in which a criminal sentence was reduced because the convict carried a gene that predisposed him to aggression. Nita Farahany, professor of law and philosophy, is quoted.

October 2009

Lighter sentence for murder with "bad genes" - October 30, 2009 - Nature - Nita Farahany, professor of law and philosophy who studies behavioral neuroscience, is quoted extensively about a case in which an Italian court reduced the sentence of a convicted murderer because of evidence that he has genes linked to violent behavior. "The point is that behavioural genetics is not there yet, we cannot explain individual behaviour, only large population statistics," Farahany told reporter Emiliano Feresin. Farahany's research specializes in the legal and ethical issues arising from behavioural genetics and neuroscience. According to Farahany, who maintains a personal database on sentences passed in the United States, in the past five years there have been at least 200 cases where lawyers have attempted to use genetic evidence to support the idea their clients' were predisposed to violent behaviour, depression or drug or alcohol abuse. In Britain, there have been at least 20 such cases in the past five years. Up to now most such efforts have been unsuccessful in court — although a few have influenced sentencing in the United States. Judges have tended to reject the idea that a person has no control over their choices because of their genes, says Farahany. She also noted that prosecutors could use the same genetic evidence to argue for tougher sentences by suggesting people with such genes are inherently 'bad'.

How U.S. households could cut emissions of greenhouse gases - October 28, 2009 - New York Times - The newspaper’s “Dot Earth” blog discusses a recent report co-authored by Michael Vandenbergh, professor of law and environmental policy expert, listing several simple behavioral changes Americans could make to reduce their carbon footprint.

JMU journalists face judicial charges at the school - October 28, 2009 - Richmond Times-Dispatch (Va.) - Two student journalists at James Madison University face judicial charges for allegedly violating the school’s visitation policy after entering a dorm in which they did not live in order to get comments for a story they were writing for the student newspaper. David Hudson '94, attorney for the First Amendment Center and adjunct professor of law at Vanderbilt Law School, is quoted.

Simple measures can yield big greenhouse gas cuts, scientists say - October 27, 2009 - Science Daily - New technologies and policies that save energy, remove atmospheric carbon and limit greenhouse gas emissions are needed to fight global climate change, but face daunting technological, economic and political hurdles, according to a new study co-authored by Michael Vandenbergh, professor of law and expert in environmental policy.

U.S., hang ’em like India - October 26, 2009 - The Telegraph (Calcutta, India) - America could significantly cut its greenhouse gas emissions through a set of 17 easy-to-implement household actions, including line-drying of clothes widely practiced in India, according to a study co-authored by Michael Vandenbergh, professor of law and environmental policy expert.

In defense of Carol Swain - October 26, 2009 - Wall Street Journal - Columnist James Taranto defends Carol Swain, professor of law and political science, after she was characterized by the Southern Poverty Law Center as an apologist for white supremacists for endorsing the use of a controversial film as a tool for classroom discussions on race. The story is also covered by the conservative news blog Instapundit.

Number of juried trials slumps both in Va., nationwide - October 20, 2009 - NewsVirginian - In the year that ended June 30, 2008, little more than 1 percent of felony convictions in Virginia courts were at the hands of jurors. Nearly 90 percent were the result of guilty pleas and the rest in trials before judges—the result, experts say, of tough sentencing legislation that has made defendants reluctant to challenge their charges even if they have strong cases. A study of jury sentencing in Virginia and Arkansas ("Felony Jury Sentencing in Practice: A Three-State Study," by Nancy King and Rosevelt Noble, published in the Vanderbilt Law Review in 2004) is mentioned.

Brain science starting to impact varied fields - October 15, 2009 - Reuters - It used to be that only doctors were interested in brain scans, searching the images for tumors, concussions or other health problems hiding inside a patient's skull. More and more, though, images showing neurons firing in different areas of the brain are gaining attention from experts in fields as varied as law, marketing, education, criminology, philosophy and ethics. Owen Jones, professor of law and biology and co-director of the Law and Neuroscience Project, is quoted.

Pot legalization gains momentum in California - October 7, 2009 - Associated Press - Marijuana advocates are gathering signatures to get as many as three pot-legalization measures on the ballot in 2010 in California, setting up what could be a groundbreaking clash with the federal government over U.S. drug policy. Robert Mikos, professor of law, has studied the subject and is quoted.

September 2009

Our latest constitutional debate: What's the 10th Amendment mean? - September 30 - MinnPost.com - This Minneapolis political news blog features a post on the meaning of the Tenth Amendment and quotes Suzanna Sherry, Herman O. Loewenstein Professor of Law.

Execution reforms gain new traction - September 27 - Gainesville (Florida) Sun - Three years have passed since the Florida Death Penalty Assessment Team recommended a host of changes, such as: requiring jury unanimity in death penalty recommendations; establishing statewide protocols for determining when death should be a sentencing option in murder cases; and studying the possibility of racial, socioeconomic or geographic disparities within the system. Christopher Slobogin, professor of law, is quoted.

Suprema Corte se alista a cambio - September 5 - La Opinion - This Spanish-language news site features an article about possible further changes to the Supreme Court as other justices reach advanced age and may be more likely to retire. Brian Fitzpatrick, assistant professor of law and former clerk to Justice Antonin Scalia, is quoted.

Doubts about scare tactics on drivers who text - September 1 - New York Times - A graphic public service video about the dangers of texting while driving has received worldwide attention after being posted to YouTube, leading experts to debate whether such scare tactics actually work. W. Kip Viscusi, University Distinguished Professor of Law, Economics and Management, is quoted.

In the News Archive


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