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In the News

June 2013

Slate Magazine: The Geneva suspension - June 10, 2013 - U.S. Staff Sgt. Robert Bales, who pleaded guilty to premeditated murder of 16 Afghan civilians in a military court on Wednesday, was charged with murder instead of war crimes because the U.S. military had jurisdiction over him. The research of Michael Newton, professor of the practice of law and expert in international justice, is mentioned.

CardHub: Ask the experts: Why do health care costs vary so widely? - June 7, 2013 - James Blumstein, professor of medicine, is featured in a panel of experts discussing the disparities of cost structures and competitiveness in the medical field.

Tennessean: Nashville's Entrepreneur Center caught in legal battle over name - June 6, 2013 - Daniel Gervais, who directs Vanderbilt's Intellectual Property Program, is quoted in a story about a trademark infringement suit filed by California-based Entrepreneur Media Inc. against Nashville's non-profit Entrepreneur Center, which has filed a counterclaim asserting that "entrepreneur" is a generic word.

May 2013

Talking Points Memo: What SCOTUS might do in the big affirmative action case - May 31, 2013 - The Supreme Court is expected to rule soon — possible as early as Monday — on the constitutionality of affirmative action in an important case about the diversity-based admission policies of the University of Texas, Austin. Brian Fitzpatrick, professor of law, is quoted.

Harvard Business Review: Opinion: Why men work so many hours - May 29, 2013 - The modern workplace equates long hours with loyalty, status and machismo, but if companies are serious about advancing women into leadership positions, the culture of long hours must change, writes Joan Williams, founding director of the Center of WorkLife Law at the University of California. Research by Joni Hersch, FedEx Research Professor of law and economics, showing a high percentage of women with elite MBAs opting out of full-time work is mentioned.

Pittsburgh Post-Gazette: Medical pot lighting up debate in Michigan and Ohio - May 28, 2013 - Access to medical marijuana remains a lightning rod of legal, legislative and social debate in Michigan, where medical marijuana is legal, and in Ohio, where activists plan to put a constitutional amendment to legalize medical cannabis on the November 2014 ballot. Robert Mikos, professor of law, is quoted.

Investor's Business Daily: Opinion: Is Gang of Eight's $3,000 bonus to hire new immigrants constitutional? - May 28, 2013 - In this opinion piece by Andrew Malcolm, James Blumstein, University Professor of Constitutional Law and Health Law and Policy, is quoted about whether the Senate Gang of Eight's immigration bill will favor immigrants if a U.S. citizen believes he or she has been discriminated against because of the stipulation within Obamacare that employers will have to pay an annual $3,000 fine for each full-time worker if they offer insurance that is too pricey or skimpy

Boston Globe: Many women with top degrees stay home - May 27, 2013 - A surprising number of women with elite college degrees are rejecting Facebook chief operating officer Sheryl Sandberg’s advice to aggressively pursue careers even as they raise families — and choosing to spend more time with their children instead. Research by Joni Hersch, professor of law and economics, is featured.

PBS NewsHour: How do low-skilled workers fit into equation of immigration reform? - May 27, 2013 - The NewsHour continues its examination of different aspects of the immigration reform bill with a look at the role of low-skilled workers in the American economy. Carol Swain, professor of political science and law, is interviewed.

Detroit News: Dodd-Frank reform giving investors a voice on executive pay - May 22, 2013 - More investors are getting serious about deflating corporate chiefs’ ballooning pay. There are signs, experts say, that many firms’ boards of directors are working harder to make sure executives’ compensation is closely tied to profits and stock returns — known as “pay for performance.” Randall Thomas, John S. Beasley II Professor of Law and Business, is quoted.

Knoxville News Sentinel: Northwestern seeks to join legal fight over Knoxville teen’s confession - May 22, 2013 - One of the nation’s most prestigious law schools is asking to weigh into a battle over whether a teenager’s confession was illegally coerced by investigators who told him he would be repeatedly gang raped in prison. Terry Maroney, professor of law, is quoted.

Yahoo! News: Despite Rubio’s wooing, radio hosts protest immigration reform bill - May 21, 2013 - Conservative radio talk show hosts and tea party leaders have signed a letter opposing the sweeping immigration reform bill in the Senate, bucking tea party favorite Sen. Marco Rubio’s attempts to win their support for the bill, which combines enhanced border security with a legalization program for the nation’s unauthorized immigrants. Carol Swain, professor of political science and law, is among the signers.

Associated Press: Making mentally ill defendants ready for trial - May 19, 2013 - In mental hospitals across the country, psychiatrists prepare criminal defendants for trial using innovative therapies, including in at least one case a make-believe hearing where patients and clinicians played the key courtroom roles. Christopher Slobogin, Milton R. Underwood Chair in Law, is quoted.

ABC News: Five reasons you’re lucky you didn’t have winning powerball numbers - May 17, 2013 - Research by Paige Marta Skiba, associate professor of law, is mentioned in a report that highlights reasons why winning millions in the lottery may not make for a life lived happily ever after. Skiba’s research found that lottery winners were likely to go bankrupt in three to five years due to poor money management skills.

The Atlanta Journal-Constitution: For many lottery winners, losing is just as big - May 16, 2013 - The sudden good life of a lottery winner can eventually turn nightmarish as the inability to handle money, especially tons of it, quickly becomes apparent. Research by Paige Marta Skiba, associate professor of law, found lottery winners were likely to go bankrupt in three to five years due to poor money management skills.

Time: Hard choices Angelina Jolie faces about testing her kids for breast cancer genes - May 14, 2013 - Doing her best to make sure that her own six kids don’t lose their mother to breast cancer motivated Angelina Jolie to have a prophylactic double mastectomy, a process she revealed in an op-ed in Tuesday’s New York Times. Ellen Wright Clayton, Craig-Weaver Professor of Pediatrics and professor of law, is quoted.

New York Times: A strong response to paying board nominees - May 10, 2013 - Debate has broken out online among law professors over whether incentive compensation payments by hedge funds to board director nominees are legal or appropriate. Randall Thomas, John S. Beasley II Professor of Law and Business, is quoted.

New York Times: Corporations find a friend in the Supreme Court - May 6, 2013 - While the current Supreme Court’s decisions, over all, are only slightly more conservative than those from the courts led by Chief Justices Warren E. Burger and William H. Rehnquist, its business rulings are another matter. They have been, a new study finds, far friendlier to business than those of any court since at least World War II. Brian Fitzpatrick, professor of law, is quoted. The story also appeared on CNBC.com.

The Tennessean: Rep. Jim Cooper to propose ‘right to vote’ amendment to U.S. Constitution - May 2, 2013 - U.S. Rep. Jim Cooper is planning a long-shot proposal to add a 28th Amendment to the United States Constitution guaranteeing the right to vote for all adult citizens. He cited new “barriers to voting” nationwide, calling it a “high probability” that recent voter-identification laws passed in several states, including Tennessee, would not be constitutional were this amendment to exist. James Blumstein, University Professor of Constitutional Law and Health Law and Policy, is quoted.

Associated Press: TN legislature leaves open question about judges - May 2, 2013 - When the legislature failed to extend the life of the Judicial Nominating Commission, it effectively ended merit-based selection of judges in Tennessee. It also left open the question of whether there is any mechanism to replace a Tennessee judge who steps down, retires or dies. Brian Fitzpatrick, professor of law, is quoted. The story ran in news outlets across the state.

Associated Press: Gitmo closure elusive, Obama looks at other steps - May 2, 2013 - Despite President Barack Obama’s new vow, closing the Guantanamo Bay prison is still a tough sell in Congress. So the White House may look instead toward smaller steps like transferring some terror suspects back overseas. Vijay Padmanabhan, assistant professor of law and a former State Department lawyer responsible for Guantanamo-related cases in the Bush administration, is quoted.

April 2013

Wall Street Journal: Legal pot use in Colorado could still get you fired - April 26, 2013 - Medical and recreational marijuana use may be legal in Colorado, but businesses in the state still have the right to fire people who test positive for the drug, a Colorado appellate court ruled Thursday. Robert Mikos, professor of law, is quoted.

Wall Street Journal: Column: To serve woman - April 24, 2013 - Research by Joni Hersch, 2012-13 FedEx Research Professor of law and economics, is cited in this column examining the ongoing conversation about women in the workplace. Hersch's research has also been reported by Bloomberg Businessweek.

The New York Times: In questions at first, no Miranda for suspect - April 23, 2013 - A senior United States official said that federal authorities invoked a public safety exemption to standard criminal procedures and questioned Dzhokhar Tsarnaev on Sunday without telling him that he had the right to remain silent, in order to learn whether he knew of remaining active threats. Christopher Slobogin, Milton R. Underwood Chair in Law, is quoted.

The Tennessean: TN ramps up efforts to increase exports - April 20, 2013 - State economic development officials, saying Tennessee can become an even bigger player in the world economy, launched a strategy in February designed to increase exports by an additional 10 percent over three years. Daniel Gervais, professor of law and director of the intellectual property program at Vanderbilt Law School, is quoted.

New York Daily News: Moms from nation’s top universities less likely to return to work - April 16, 2013 - New research from Vanderbilt University finds that female graduates from top-ranked universities who become mothers are working less despite the promise of higher wages. Author Joni Hersch, 2012/13 FedEx Research Professor, professor of law and economics and of management, is quoted. Related stories were also published by Babble,Independent Women’s Forum, NRC Carrière (Dutch) and Futurity.

Bloomberg: Will your bank die of cancer or a heart attack? - April 16, 2013 - Economists and academics have understood how to contain traditional bank runs for decades. Now a handful, including Morgan Ricks, assistant professor of law, are exploring what measures might work in a financial landscape where changes have outpaced regulation.

The Street: Car title loans onerous, not dangerous - April 16, 2013 - The majority of people who take pricey car title loans don’t lose their vehicles, Paige Marta Skiba, associate professor at Vanderbilt Law School, tells Gregg Greenberg. The interview was conducted at VUStar, Vanderbilt’s campus broadcast facility.

NPR: While Congress slumbers, laws pass elsewhere - April 16, 2013 - The inability of Democrats and Republicans to work together in Washington has led a lot of people to look to the states as friendlier and more productive venues. Edward Rubin, university professor of law and political science, is quoted.

Nashville Scene: Three Vanderbilt professors named Guggenheim Fellows - April 16, 2013 -  Kate Daniels, professor of English, Jane Landers, Gertrude Conaway Vanderbilt Professor of History, and Daniel Sharfstein, professor of law, have been awarded Guggenheim fellowships. The Vanderbilt professors are among the 200 chosen out of 3,000 applicants. The story was also reported by the Nashville Post.

NBC News: Best-educated moms are also more likely to ‘opt out,’ research finds - April 11, 2013 - Moms who graduate from the nation’s best universities are among the least likely college graduates to be working full-time, a new study reveals. Author Joni Hersch, 2012/13 FedEx Research Professor, professor of law and economics and of management, is quoted. The research was also reported by Business News Daily and The New York Daily News.

Reuters: Judge singles out Ohio firm in trimming fee award in Bank of America case - April 10, 2013 - The judge who gave his blessing to Bank of America’s $2.43 billion settlement with investors trimmed the total legal fees awarded in the case after challenging the fee request of a small Ohio firm that never appeared before him. Brian Fitzpatrick, professor of law, is quoted.

Cosmopolitan: Why are the most educated women more likely to ditch their careers? - April 10, 2013 - According to a new study by Joni Hersch, 2012/13 FedEx Research Professor of law and economics, women who’ve graduated from the most elite undergraduate universities in the country are more likely to leave the workplace, at least part-time, than women who graduated from less selective institutions.

Carol Swain, professor of political science and law, was interviewed for a special episode of FOX News’ “Hannity” about African American conservatives. - April 10, 2013

Science Daily: Women with elite education opting out of full-time careers: women with MBAs are most likely to work less The battle for work-life balance among female white collar employees is something women have struggled with for decades. First-of-its-kind research by Joni Hersch, professor of law and economics, shows that female graduates of elite undergraduate universities are working much fewer hours than their counterparts from less selective institutions. The story was also reported by The Grindstone.

RIA Novosti (Russia): Obama opens window for Russians to contest Magnitsky Sanctions - April 9, 2013 - In a move the White House called a “routine delegation” of responsibilities, President Obama formally tasked the United States Treasury and State Departments with implementing key aspects of the Magnitsky Act, which introduces visa and financial sanctions on Russian officials suspected of human rights abuses. Kevin Stack, associate dean for research, is quoted.

Wall Street Journal: Some women lean out more than others - April 8, 2013 - Joni Hersch, 2012/13 FedEx Research Professor of law and economics at Vanderbilt University, found that women who attended highly selective schools are more likely to opt out of the workforce than are their counterparts from less selective schools.

The Tennessean: Tennessee payday lender grows at breakneck speed amid industry criticism - April 5, 2013 - Deborah Jackson was living paycheck to paycheck when she walked into an Advance Financial store for a $425 loan. Paying back the original loan required additional loans. Advance Financial charged Jackson a $60 renewal fee, so the interest rate worked out to 585 percent a year. Paige Skiba, associate professor of law, is quoted.

March 2013

Vijay Padmanabhan was interviewed about Guantanamo detainees for the show “Crosstalk” on the English-language Russian TV network RT. The live interview was conducted at VUStar, Vanderbilt’s campus broadcast facility. (Watch)

National Public Radio: Number of early childhood vaccines not linked to autism - March 29, 2013 - A new government study found no connection between the number of vaccines a child received and his or her risk of developing autism spectrum disorder. It also found today’s vaccines contain fewer substances that provoke a child’s immune response. Ellen Wright Clayton, Craig-Weaver Chair in Pediatrics, is quoted.

USA Today: Column: Judicial selection should return to its roots - March 29, 2013 - Brian Fitzpatrick, professor of law, co-authored an article about reforming the tenure structure of federal judges, specifically the one structure known as the “Missouri Plan.”

Chicago Tribune: Opinion: Is privacy going to the dogs? - March 28, 2013 - Justice Scalia’s ruling that a warrantless search triggered by the signaling of a drug-sniffing dog was impermissible because it was trespassing rather than a violation of the Fourth Amendment is troubling, writes columnist Steve Chapman. Christopher Slobogin, Milton R. Underwood Chair in Law, is quoted.

Detroit News: High court to rule on affirmative action ban - March 26, 2013 - For the second time in a decade, the Supreme Court will hear an affirmative action case originating in Michigan. The court announced Monday it will consider a lawsuit that challenges the state’s 2006 voter-approved constitutional amendment banning race and gender consideration in college admissions and public hiring — similar to bans adopted in a half-dozen other states. Brian Fitzpatrick, associate professor of law, is quoted.

Forbes: Opinion: Who voted for those taxes on gays and seniors? - March 26, 2013 - The tax code and monetary system impose some strange burdens, such as on gay couples, retirees, renters and smokers, writes columnist William Baldwin. W. Kip Viscusi, University Distinguished Professor of Law, Economics, and Management, is quoted.

The Tennessean: Meningitis outbreak: Saint Thomas clinic blames FDA, state officials - March 4, 2013 - Lawyers for the clinic where dozens of patients were injected with tainted spinal steroids say the FDA and state officials in Tennessee and Massachusetts bear responsibility for the fatal outbreak of fungal meningitis. James Blumstein, University Professor of Constitutional Law and Health Law and Policy, is quoted.

February 2013

The Tennessean: TN Education Commissioner Kevin Huffman says charters can serve better - February 28, 2013 - Tennessee Education Commissioner Kevin Huffman said during a panel discussion Wednesday at Vanderbilt University that most school systems are big bureaucracies that waste money that should be spent on students. The panel was facilitated by Terry Maroney, co-director of the Social Justice Program.

Chattanooga Times Free Press: Appointed judges have edge in Hamilton County elections - February 25, 2013 - Over the past four judicial elections, which span 32 years, only three incumbents in 56 local judicial races have lost. Only twice did a judge appointed before facing election lose the race. Brian Fitzpatrick, associate professor of law, studies judicial selection and is quoted.

Associated Press: Judges learn it’s human to have feelings on bench - February 21, 2013 - A Florida judge’s harsh reaction to a disrespectful teenage defendant was a reminder that judges do not shed their emotions when they don their black robes. Terry Maroney, professor of law, is quoted. The story also appeared in the Washington Post.

Christian Science Monitor: Pot on the patio? Colorado’s ’surreal’ path to legalizing marijuana - February 21, 2013 - In the wake of the decision by voters in Colorado to legalize recreational marijuana for adults, the question of how to actually integrate legal pot into the practical, and often bureaucratic, realities of modern American life has fallen on two dozen Coloradans. Robert Mikos, professor of law, is quoted.

Knoxville Metro Pulse: Reform school: Tennessee’s growing debate over school vouchers - February 20, 2013 - The state is quickly becoming a laboratory for education reform. Are school vouchers the next big experiment? One concern is that allowing parents to use public money to send their children to religious schools would violate the separation of church and state set out in the First Amendment. Suzanna Sherry, Herman O. Loewenstein Professor of Law, is quoted.

WPLN: Judges have feelings, too: Vandy law professor - February 4, 2013 - A Vanderbilt University law professor has attracted the ear of an important audience: federal judges. The lesson she is delivering may seem counterintuitive: While judges are expected to be impartial, good judges do not ignore their emotions. An article by Terry Maroney, professor of law, is cited.

The Tennessean: TennCare debate simmers over possible expansion - February 4, 2013 - Tennessee hospitals are pressing for expansion of coverage. Under the Affordable Care Act, they stand to lose millions of dollars in reimbursements for treating patients who cannot pay their bills. They say the only way to fill the hole is for more Tennesseans to get insurance coverage. James Blumstein, university professor of constitutional law and health law and policy, is quoted.

Politico: California case tests Obama pot policy - February 2, 2013 - A criminal case in California is exposing the tension between federal and state laws on marijuana, and lawyers for the defendant say it is past time for senior Obama administration officials to weigh in. Robert Mikos, professor of law, is quoted.

ABA Journal: Supreme Court weighs whether Virginia can deny public records to noncitizens - February 1, 2013 - The Supreme Court will consider the case of a Rhode Island man who lived in Virginia at the time of his divorce who says the state improperly denied him access to his Virginia records because he is no longer a resident there, writes  David Hudson, adjunct instructor of law.

January 2013

Deseret News: With Obamacare looming, pressure grows on smokers, obese - January 29, 2013 - With health insurance access being widened under the health care reform law, attention is focused on groups that, presumably, place disproportionate burden on the health care system — mainly smokers and the obese. W. Kip Viscusi, University Distinguished Professor of Law, Economics, and Management, is quoted.

Washington Post: Banning of protester from D.C. after inauguration ignites debate on free speech - January 25, 2013 - A Washington, D.C., judge orders an anti-abortion protester to be barred from setting foot in the city, which has ignited a vigorous debate over free speech and political dissent in the nation’s capital. David L. Hudson Jr., scholar at the First Amendment Center, is quoted. The story also ran in the Examiner and Indiana Statesman.

Bloomberg: Opinion: Geithner’s bailouts didn’t create our mess - January 21, 2013 - People were hurt because the economy went south, jobs and decent wages disappeared, and the stock market and home values tanked, not because of the bailouts, writes Roger Lowenstein, author of “When Genius Failed: The Rise and Fall of Long-Term Capital Management.” Morgan Ricks, assistant professor of law, is quoted.

Thompson Reuters Insight: Man jailed for 23 years should be released: judge - January 16, 2013 - A federal judge in Brooklyn on Wednesday said that a man who has spent more than 23 years in prison for the murder of a drug dealer should be released “with the state’s apology.” Research by Nancy King, Lee S. and Charles A. Speir Professor of Law, is mentioned.

USA Today: Marketing experts say tough road back for Armstrong - January 16, 2013 - As Lance Armstrong kicks off the rehabilitation of his public image with a TV sitdown with Oprah Winfrey running Thursday, he might be facing his steepest hill climb. Erin O’Hara O’Connor, Milton R. Underwood Chair in Law, researches the effectiveness of public apologies and is quoted.

Psychology One: Are angry judges better than ‘robots’? - January 10, 2013 - The assertion that angry judges aren’t necessarily bad judges goes against the grain of the conventional view that judges should not have emotions. The conventional view continues that if judges display emotions, they should do everything in their power to overcome them. Terry Maroney, professor of law, is quoted.

Washington Post: 2012 hottest year on record in contiguous U.S., NOAA says - January 9, 2013 - Temperatures in the contiguous United States last year were the hottest in more than a century of record-keeping, shattering the mark set in 1998 by a wide margin, the federal government announced Tuesday. Michael Vandenbergh, professor of law and director of the Climate Change Network, is quoted.

PBS’ Nightly Business Report (national) interviewed Margaret Blair, Milton R. Underwood Chair in Free Enterprise, for its NBR-U series discussing the nation’s obsession with stock market performance and its effect on the economy. Vanderbilt University has been added to NBR’s roster of universities to be featured in the ongoing segment. The interview was conducted using VUStar Vanderbilt’s campus broadcast facility. (Interview) (Website)

December 2012 

MetroWest Daily News (Mass.): Marijuana law answers sought - December 24, 2012 - With less than two weeks before Massachusetts’ medical marijuana law goes into effect, significant questions remain about how the new law will be implemented. Robert Mikos, professor of law, is quoted.

NPR: Killer’s DNA won’t explain his crime - December 21, 2012 - Connecticut’s chief medical examiner has raised the possibility of requesting genetic tests on Adam Lanza, the man responsible for the shootings at Sandy Hook Elementary School, although scientists who study the links between genes and violence say those tests won’t reveal much about why Lanza did what he did. Ellen Wright Clayton, Craig Weaver Chair in Pediatrics and professor of law, is quoted.

The Record (Canada): No cost-saving with new vehicle emission standard - December 20, 2012 - As the latest round of global climate negotiations were set to commence in Doha, Qatar in late November, Environment Minister Peter Kent announced that Canada would enact new vehicle fuel economy standards that he claimed would reduce greenhouse gas emissions while saving Canadians money on gas. Research by W. Kip Viscusi, University Distinguished Professor of Law, Economics, and Management, is mentioned.

Alternet: Will Obama go after medical pot in Washington and Colorado? - December 19, 2012 - A majority of American citizens believe the federal government should respect the states’ new laws on marijuana. However, the Obama administration may attempt to prohibit the states from allowing the legal production and sale by authorized proprietors. Robert Mikos, professor of law, is quoted.

Los Angeles Times: Congo rebel leader acquitted on war crimes charges - December 18, 2012 - A rebel leader accused of leading a brutal attack on a Congolese village nearly a decade ago was acquitted Tuesday by theInternational Criminal Court, which said prosecutors failed to prove beyond a reasonable doubt that Mathieu Ngudjolo was responsible for the mass rapes and murders that devastated the town. Michael Newton, professor of the practice of law, is quoted.

Daily News Journal: T-shirt gets man ejected from mall - December 18, 2012 - A man ejected from Murfreesboro’s Stones River Mall for wearing what mall security deemed an “extremely distasteful” shirt was arrested Saturday on criminal trespassing and false report charges. James F. Blumstein, University Professor of Constitutional Law and Health Law and Policy, is quoted.

CATO at Liberty: Blog: Obama, Barbara Walters, and Marijuana Users - December 14, 2012 - This week, the Cato Institute hosted an event highlighting some current issues that may face federal legal challenge. Speakers included former DEA chief Asa Huthinson and Vanderbilt University’s Robert Mikos, professor of law. Mikos is noted as an author of a new Cato study about the interplay between federal and state law with respect to marijuana.

Associated Press: Dozens sue pharmacy, but compensation uncertain - December 14, 2012 - The recent lawsuits filed against NECC alleging negligent behavior with the production and distribution of defective pharmaceutical injections seek millions to repay families for the deaths and injuries of loved ones. In a move to streamline the process, attorneys on both sides submitted a request to designate a single judge to preside over the pretrial and discovery phases. Brian Fitzpatrick, professor of law, is quoted. The story also ran in NPR, The Tennessean and Fox News Latino.

The Tennessean: Smyrna woman’s lawsuit over hot water spill echoes McDonald’s coffee case - December 9, 2012 - The circumstances of a Smyrna woman’s lawsuit have a familiar ring. Although the beverage has changed, the case echoes one involving a New Mexico woman who won a settlement after spilling a piping-hot cup of McDonald’s coffee on herself in 1992. Ed Cheng, professor of law, is quoted.

Alaska Dispatch: What’s next for weed? Total legalization? - December 8, 2012 - With half or more Americans now favoring legalizing marijuana, President Obama has one bold option that few experts are talking about: Raising the white flag and ending the federal war on pot. To be sure, many legal experts believe the US Department of Justice instead is preparing to block new regulatory schemes passed by voters last month in Washington and Colorado that legalize and regulate the selling, possession, and use of marijuana. One option is to invoke Article 6 of the Constitution, which says federal law is “the supreme law of the land.” Robert Mikos, professor of law, is quoted.

HuffPost Live: Video: Sentenced to church - December 6, 2012 - Terry Maroney, professor of law, is interviewed for this report on a judge’s decision to sentence a drunk driver to attend church.

Huffington Post: Opinion: No amendment allowed: A constitutional problem we’re stuck with - December 5, 2012 - The only provision of the United States Constitution that cannot be amended is the requirement that each state must have equal representation in the U.S. Senate. Suzanna Sherry, Herman O. Loewenstein Professor of Law, is quoted. The story originally appeared on the independent journalism site MinnPost.

Denver Post: Colorado revenue boost from marijuana legalization uncertain - December 5, 2012 - A dizzying number of factors — the number of stores, the demand, the price, the amount of tax evasion, the federal government’s response and even the measure’s impact on other industries — go into determining how much new revenue the state amendment legitimizing marijuana in Colorado would create. Robert Mikos, professor of law, is quoted.

November 2012

The Tennessean: Meningitis outbreak: Cases moved from state to federal court - November 30, 2012 - Lawyers for the drug-compounding firm blamed for a deadly nationwide outbreak of fungal meningitis are moving forward with a strategy to get the growing number of lawsuits consolidated in federal court and want a Boston-based judge to preside over all of them. Edward Cheng, professor of law, is quoted.

TPM: Supreme Court expected to dive into gay marriage battle - November 29, 2012 - The Supreme Court will meet on Friday to decide whether or not to consider the constitutionality of the Defense of Marriage Act — the 1996 law that bars federal recognition of same sex marriage. It will announce next week the cases it has decided to consider, and experts see few reasons why DOMA won’t be among them. Brian Fitzpatrick, associate professor of law, is quoted.

Los Angeles Times: Supreme Court decides this week whether to rule on gay marriage - November 24, 2012 - After two decades in which gay rights moved from the margin to capture the support of most Americans, the Supreme Court justices will go behind closed doors this week to decide whether now is the time to rule on whether gays and lesbians have a constitutional right to marry. Suzanna Sherry, Herman O. Loewenstein Professor of Law, is quoted.

Christian Science Monitor: State laws legalizing marijuana put Obama in a bind: What are his options? - November 14, 2012 - Voters in Massachusetts, Washington and Colorado have multiplied the points of conflict between state and federal marijuana laws, making it harder for President Obama to formulate a consistent policy. Robert Mikos, professor of law and expert in marijuana legalization issues, is quoted here and in a related blog post by Cato Institute fellow Doug Bandow in the Huffington Post.

Ria Novosti (Russia): Marijuana tourists may flock to U.S. western states – November 10, 2012 - Newly minted marijuana initiatives raise the prospect that Colorado and Washington could become a hot destination for tourists looking to spark up, much in the way coffee shops offering marijuana and hashish have attracted an estimated 1 million tourists annually to Amsterdam. Robert Mikos, professor of law, is quoted.

Washington Post/Bloomberg Blog: Legal Pot in Colorado, Washington Won With $7.7 Million Push – November 8, 2012 - Campaigns to legalize marijuana for recreational use in Colorado and Washington were well-financed and gave states regulatory and taxing power over it, both changes from a failed attempt in California two years earlier. Robert Mikos, professor of law, is quoted.

Bloomberg: Legal pot in Colorado, Washington won with $7.7 million - November 8, 2012 - Campaigns to legalize marijuana for recreational use in Colorado and Washington were well-financed and gave states regulatory and taxing power over it, both changes from a failed attempt in California two years earlier. Robert Mikos, professor of law, is quoted here and in related stories at Governing Magazine and Radio Free Europe.

Wall Street Journal: Pot measures’ passage puts states in quandary - November 8, 2012 - Now that measures in Colorado and Washington won approval to legalize some recreational marijuana for adults use, state regulators and lawmakers must decide how to navigate federal opposition as they implement voters’ decisions. Robert Mikos, professor of law, is quoted. A related story can also be found in Bloomberg News.

ScotusBlog: Academic highlight: Looking at Padilla and its impact - November 2, 2012 - Although scholars and practitioners have long been aware of the intersections between criminal and immigration law, the Supreme Court inextricably linked the two in Padilla v. Kentucky when it concluded that defense counsel’s failure to advise a criminal defendant that pleading guilty would likely lead to his deportation violated the defendant’s Sixth Amendment right to effective counsel, according to this article co-written by Nancy King, Lee S. and Charles A. Speir Professor of Law.

Baltimore Sun: City fire department implements new social media policy - November 1, 2012 - The Baltimore Fire Department has implemented a strict new social media policy for what firefighters can post on Twitter, Facebook and personal blogs—drawing criticism that the department is trampling on First Amendment rights. David Hudson, adjunct professor of law and scholar at the First Amendment Center at Vanderbilt, is quoted.

ABA Journal: Brain trials: Neuroscience is taking a stand in the courtroom - November 1, 2012 - The case of a brain-injured man unable to control his behavior who was nevertheless ruled competent to stand trial for an assault illustrates one of the challenges that lawyers, judges and defendants face when legal standards do not align with the latest neuroscience. The MacArthur Foundation Research Network on Law and Neuroscience at Vanderbilt is seeking to better understand this intersection of modern neuroscience and criminal law. Director Owen Jones, New York Alumni Chancellor’s Chair in Law and professor of biology, is quoted.

October 2012  

The Durango Herald (Colorado): Potential revenue boost from legal marijuana hard to call - October 29, 2012 - Proponents of Amendment 64, the marijuana-legalization measure, frequently promote their initiative by talking about the money it would generate for state and local governments. They argue that the measure, which would allow marijuana sales to anyone older than 21 at special retail stores, would put tens to hundreds of millions of dollars into state and local government coffers annually. One Colorado think tank estimates the measure would generate $60 million a year to start. Robert Mikos, professor of law, is quoted.

WTVF Newschannel5: Elections officials appeal part of TN Supreme Court decision - October 26, 2012 - Despite the arguments three Tennessee Supreme Court justices upheld a law that requires voters to present government-issued photo identification at the polls. James Blumstein, University Professor of Constitutional Law and Health Law & Policy, is quoted. (Video)

Denver Post: Colorado revenue boost from marijuana legalization uncertain - October 26, 2012 - Proponents of Amendment 64, the marijuana-legalization measure, frequently promote their initiative by talking about the money it would generate for state and local governments. But other experts who have examined the issue say it is deeply uncertain how much money the amendment could generate. Robert Mikos, professor of law, is quoted.

Boston Herald: Pharmacy board records still not released - October 26, 2012 - 
For the past two weeks, the Massachusetts state board at the center of a deadly meningitis outbreak has continued to withhold basic public documents about its meetings and to stonewall questions by the local media. David Hudson, adjunct professor of law and scholar at the First Amendment Center, is quoted.

Town Hall: Ann Coulter: Obama: Half-black but all Democrat - October 24, 2012 - Carol Swain, professor of political science and law, is quoted in Ann Coulter’s most recent column taking liberals to task for a lack of black representation in majority-white Democratic districts.

TimesFreePress.com: Judge to rule on competency of killer, request for new lawyers - October 16, 2012 - More than two years after his scheduled execution date, Marlon Duane Kiser wants to fire his appointed attorneys and get new lawyers to continue his death penalty appeal. Kiser, 42, has been sentenced to death for the killing of Hamilton County Deputy Donald Bond early on Sept. 6, 2001. Christopher Slobogin, Milton R. Underwood Chair in Law, is quoted.

Turkish Weekly: Battle burning over legalizing marijuana in 3 U.S. states - October 16, 2012 - Former American drug officials are sounding the alarm over ballot initiatives next month in three US states that would legalize the sale of marijuana for recreational use, warning Monday that the proposed measures are in clear violation of federal law and represent a serious threat to the public. Robert Mikos, professor of law, is quoted.

NBC News: No GED? Some undocumented immigrants hit barriers in quest for legal status - October 15, 2012 - The government’s new program offering young undocumented immigrants a reprieve from deportation presents an opportunity but also many challenges for an estimated 350,000 youths who didn’t finish high school, many of whom may not be able to qualify because the barriers are too high, experts say. Carol Swain, professor of political science, is quoted.

PBS’s “Nightly Business Report”: Capping big banks may be too big of a solution - October 11, 2012 - Morgan Ricks, assistant professor of law, discusses the actions of Dan Tarullo, a top Federal Reserve policy maker, as he called on Congress to cap the size of big banks. Tarullo’s comments initiated a debate from Wall Street to Washington. (Video)

Talking Points Memo: Affirmative action takes a beating before the Supreme Court - October 11, 2012 - Supporters of affirmative action in higher education were dealt a tough blow on Wednesday in blockbuster oral arguments before the Supreme Court, according to legal experts. The question now is whether the impact will be narrow, or whether the Court will toss out affirmative action’s broader legal underpinnings. Brian Fitzpatrick, associate professor of law, is quoted.

The Atlantic Cities: Yes, this ad is offensive. But free speech rides public transit, too - October 5, 2012 - When offensive ads are displayed along the sides of public transportation, the issue regarding the protection of free speech motivates a community to question: Can public transit agencies reject any ads other than the obvious obscenity-filled ones? David Hudson, adjunct professor of law, is quoted.

Christian Science Monitor: Will black voters give Obama what he needs in Southern swing states? - October 5, 2012 - Black voters who do go to the polls are near certain to vote for Obama. But in Virginia and North Carolina, concern is rising that the black voters who sealed the deal for Obama in 2008 will stay home. Carol Swain, professor of political science and law, is quoted.

Obsession with stock prices hurting economy - October 4, 2012 - The American economy may lose its position as the leading economy in the world if corporate officers and directors maintain their fixation on maximizing shareholder value for stockholders, says Margaret Blair, the Milton R. Underwood Chair in Free Enterprise. Blair's research also appeared in Futurity.

Inter Press Service: U.S.: Living with hate in a free market of ideas - October 3, 2012 - Much of the world is baffled by the United States’ protection of expression, including hate speech. David Hudson, scholar at the First Amendment Center at Vanderbilt, is quoted.

The Tennessean: Three Tennessee women sue Wal-Mart - October 3, 2012 - Lawyers representing three Tennessee women filed a class-action lawsuit on Tuesday alleging that Wal-Mart’s employment practices give unequal treatment to women in the region that covers Tennessee and four surrounding states. Brian Fitzpatrick, associate professor of law, is quoted.

September 2012

Charleston (W.Va.) Metro News: Attorney weighs in on prayer removal - September 25, 2012 - David Hudson, adjunct professor of law and scholar at the First Amendment Center at Vanderbilt, says Kanawha County school officials made the right decision in eliminating the loudspeaker prayer prior to Sissonville High School’s football games.

The Tennessean: Cellphone GPS tracking helps police, raises issues - September 24, 2012 - Police are increasingly tracking people’s movements by tapping into GPS technology in modern cellphones, allowing authorities to watch a person’s movement in real time or to follow his or her tracks. But a battle looms between public safety and privacy rights as challenges wend their way through the U.S. court system. Christopher Slobogin, Milton Underwood Chair in Law, is quoted.

Hampton Roads (Va.) Daily Press: Hampton juror asks judge to lower 128-year prison sentence - September 19, 2012 - A jury in March recommended that Robert Via Jr. spend the rest of his life in prison for an armed home invasion. But one juror is now saying that because they were forced under the law to render the sentence without guidelines, a judge should shorten Via’s time behind bars. Research by Nancy King, Lee S. and Charles A. Speir Professor of Law, is cited.

The Tennessean: HCA shareholders allege Bain Capital bid-rigging - September 17, 2012 - An alleged bid-rigging conspiracy among Bain Capital and other private equity firms to divvy up targeted companies — including Nashville-based HCA — may have taken as much as $1.6 billion out of HCA shareholders’ pockets by blocking rival bidders and keeping a lid on the final price when the hospital chain was sold in 2006. Randall Thomas, John S. Beasley II Professor of Law and Business, is quoted.

The Tennessean: Same-sex couples face legal hassles - September 16, 2012 - Gay Tennesseans who married in other states are waiting to see if the U.S. Supreme Court will take up Perry vs. Brown, a case that seeks to overturn California’s Proposition 8. Some hope the Perry case could do for same-sex marriage what the Supreme Court ruling on Loving vs. Virginia did for interracial marriage in 1967. Mark Brandon, professor of law, is quoted.

National Public Radio: The First Amendment: Why the Muhammad film is protected speech - September 13, 2012 - In a lot of ways, the conflict over an American-made YouTube video defaming the prophet Muhammad is showing how the sweeping nature of the First Amendment puts the United States at odds with most of the world. David Hudson, adjunct professor of law and scholar at the First Amendment Center at Vanderbilt, is quoted extensively.

WTVF Channel 5: Interview with Michael Newton - September 13, 2012 - WTVF, Channel 5 interviewed Michael Newton, professor of the practice of law and expert in international law, about recent violence in Libya that included the murder of the U.S. ambassador.

Modern Healthcare: Mixed views aired on insurance exchange guidance - September 12, 2012 - As a panel of experts and a handful of lawmakers decried a lack of clarity from HHS and a high degree of uncertainty surrounding the health insurance exchanges, others at a federal hearing Wednesday said those states with the political will have made progress and will continue to do so. James Blumstein, University Professor of Constitutional Law and Health Law and Policy, testified at the hearing and is quoted.

Reason: Tattoos are protected by First Amendment, says AZ Court - September 10, 2012 - Tattoos are a form of expression protected by the First Amendment, the Arizona Supreme Court has ruled in an opinion in favor of a couple who sought to open a tattooing business. The decision conflicts with other court decisions that said tattooing was not expressive enough to trigger free-speech review. David L. Hudson, adjunct professor of law, writes speech analysis of the court opinion.

City Beat (San Diego, Calif.): GOP ambitions behind the Mitt Romney façade - September 4, 2012 - Journalist Nathan Dinsdale gives a first-person account of his experience at the Republican National Convention. Carol Swain, professor of political science and law, attended the convention and was quoted.

The Tennessean: Election officials confront a primary mess - September 3, 2012 - After Davidson County election officials last week acknowledged problems with some voters getting the wrong ballots during the Aug. 2 primary election, attention turned to whether anything can be done to correct the election results. James Blumstein, University Professor of Constitutional Law and Health Law and Policy, is quoted.

August 2012

Bibliobs: Ces Noirs qui voulaient être blancs… - August 30, 2012 - “The Invisible Line” by Daniel Sharfstein, professor of law, is reviewed in this French magazine.

Wired: We don’t need no stinking warrant: The disturbing, unchecked rise of the administrative subpoena - August 28, 2012 - Under the administrative subpoena, virtually all businesses are required to hand over sensitive data on individuals or corporations, as long as a government agent declares the information is relevant to an investigation—effectively bypassing the Fourth Amendment. Christopher Slobogin, Milton R. Underwood Chair in Law, is quoted.

Slate: Why can't a cop photograph a naked sorceress? - August 24, 2012 - A 36-year-old San Francisco Police Department officer accuses the department of violating his right to free speech by suspending him twice for his off-duty hobby of "creative photography" and his nude "figure study," according to his complaint filed on Aug. 9 in a federal court. David Hudson, adjunct professor of law and scholar at the First Amendment Center at Vanderbilt, is quoted.  

National Public Radio: Tell Me More: Will Dreamers help or hurt the economy? - August 24, 2012 - Carol Swain, professor of political science and law, was a guest for a discussion about the economic impact of the DREAM Act.

Time: How Bain shaped Romney - August 23, 2012 - No careet can fully prepare you for the incomparable responsibilities of the presidency, but Romney's business record displays qualities that nearly anyone would want to see in the White House. Margaret Blair, Milton R. Underwood Chair in Free Enterprise, is quoted.

Associated Press: Lawsuit over HPD Facebook comments could set legal precedent - August 23, 2012 - A lawsuit against the Honoulu Police Department over deleted posts on the department’s Facebook page could set a legal precedent, said David Hudson, adjunct professor of law and scholar at the First Amendment Center at Vanderbilt.

Santa Monica (Calif.) Daily News: BBB says ‘No’ to nonprofit advertiser - August 22, 2012 - Big Blue Bus leadership turned down advertising from a nonprofit organization that funds AIDS research, citing a long-held policy against non-commercial advertising. The policy is meant to protect the bus system against becoming a “public forum,” which would severely limit City Hall’s ability to control the content of the advertising that appears on the buses. David Hudson, adjunct professor of law and scholar at the First Amendment Center at Vanderbilt, is quoted.

Science: In mock case, biological evidence reduces sentences - August 17, 2012 - A University of Utah study recently showed that judges recommend lighter senteces when resented with biological evidence of a criminal's brain abnormalities. Owen Jones, New York Alumni Chancellor's Chair in Law and director of the MacArthur Foundation Research Network on Law and Neuroscience at Vanderbilt, is quoted.

New York Times: Study of judges finds evidence from brain scans led to lighter sentences - August 17, 2012 - Judges who learned that a convicted assailant was genetically predisposed to violence imposed lighter sentences in a hypothetical case than they otherwise would have, researchers reported on Thursday, in the most rigorous study to date of how behavioral biology can sway judicial decisions. Owen D. Jones, New York Alumni Chancellor’s Chair in Law, is quoted.

The Salt Lake Tribune: Researchers: Judges who consider genetic data go easier on psychopaths - August 17, 2012 - Evidence of psychopathy, characterized by a lack of empathy and ability to control impulses, is often seen as a “double-edged sword” in the criminal justice system, because judges could use it to justify shortening or lengthening a felon’s time behind bars, according to recent research in Utah. Christopher Slobogin, Milton R. Underwood Chair in Law, is quoted.

The Atlantic: Some constitutional amendments are more equal than others - August 17, 2012 - On paper, all constitutional amendments may be equal. But in practice, some amendments are more equal than others. From the TSA to drones to warrantless domestic surveillance, from water-boarding to secret prisons to law enforcement officials having access to your online accounts, the Bill of Rights has been winnowed since September 2001 as Americans have consented to re-shift the balance between security and liberty, between safety and privacy. David Hudson, Jr., adjunct professor of law, is mentioned.

Chemistry World: What’s law got to do with it? - August 15, 2012 - Sean Seymore, associate professor of law and chemistry, is profiled.

Nashville Scene: If Tennessee opts out of the Affordable Care Act, voters may have good reason to feel sick - August 9, 2012 - Tennessee’s Republicans are talking about refusing to expand Medicaid coverage under the federally approved Affordable Care Act, rejecting a variety of benefits in the process. James Blumstein, University Professor of Constitutional Law and Health Law and Policy, is quoted.

Madison (Wisc.) Record: ABA panel discusses class action lawsuits and their bad repuation - August 6, 2012 - Brian Fitzpatrick, associate professor of law, participated in a panel at the American Bar Association’s annual meeting in Chicago called “The practice that never sleeps: What’s happened to, and what’s next for class actions.”

National Law Journal: Law school -- Still a dodgy investment, analysis suggests - August 2, 2012 - Three years ago, law professor Herwig Schlunk was among the first academics to use hard salary data to calculate the economic value of a law degree — in essence, to evaluate a J.D. through the lens of an investor. He has updated his findings using more recent data, but his conclusion was unchanged: Going to law school doesn't make economic sense for most students.

Governing: Medical marijuana: Do states know how to regulate it? - August 1, 2012 - Colorado’s decade-long debate over how to manage medical marijuana has produced a tightly controlled approach that more states are starting to emulate. Robert Mikos, professor of law, is quoted.

July 2012

The Guardian (U.K.): The judge who fell asleep - July 30, 2012 - Researchers in Britain and Australia have found that on occasions both judges and jury members are liable to fall asleep during trials. Previous research on the subject by Nancy King, Lee S. and Charles A. Speir Professor of Law, is mentioned.

Governing: Marijuana legalization could set up state-federal showdown - July 24, 2012 - This November, one or more states could legalize marijuana use for adults, possibly setting up a conflict with the federal government about states’ rights and drug prohibition. Robert Mikos, professor of law, is quoted.

Nashville Public Television: A Word on Words: David Hudson Jr. (Audio) - July 23, 2012 - David L. Hudson, adjunct professor of law and scholar with the First Amendment Center at Vanderbilt, was interviewed about his book, Let the Students Speak.

Science Channel: Owen Jones, professor of law and biological sciences and director of the MacArthur Foundation Research Network on Law and Neuroscience is featured in an episode of "Through the Wormhole with Morgan Freeman”. Much of the episode was shot at the Vanderbilt Law School and law students and staff appeared as extras in the segment. The episode will air again at 5 a.m. Friday, July 20 and 8 p.m. Wednesday, July 25.

The Tennessean: TN congressmen say missing word in health law may give states an out - July 20, 2012 - The Supreme Court ruling may be out, but two Tennessee members of Congress, Reps. Scott DesJarlais, R-Jasper, and Phil Roe, R-Johnson City, contend crucial legal questions concerning the health-care reform law remain. James F. Blumstein, university professor of constitutional law and health law and policy, is mentioned.

Tennessee Bar Association: Vanderbilt Adds Prof to Law Faculty - July 19, 2012 - Vanderbilt Law School has added Morgan Ricks to its faculty as an assistant professor. A former investment banker and senior policy advise in the Obama administration, Ricks most recently was visiting assistant professor at Harvard Law School.

Bloomberg: Energy Efficiency Regulations Based on Flawed Methodology; Yield Only Minor Reductions in Greenhouse Gases, New Paper Finds - July 17, 2012 - A new working paper by two economists, W. Kip Viscusi, University Distinguished Professor of Law, Economics, and Management, and Brookings Institution’s Senior Fellow Ted Gayer, concludes that major new U.S. energy efficiency regulations rely on flawed methodology, provide only minor environmental benefits, and thus fail true cost-benefit analyses.

New York Times: Trial judge to appeals court: Review me - July 16, 2012 - Earlier this year, an opinion for the Supreme Court by Justice Anthony Kennedy noted a stunning and often overlooked reality of the American legal process: a vast majority of criminal cases — 97 percent of federal cases, 94 percent of state cases — are resolved by guilty pleas. In this context, the recent rejection in a federal district court by Judge John Kane of a plea bargain deal between a defendant and federal prosecutors is truly startling. Lee S. and Charles A. Speir Professor of Law Nancy King’s 2005 article on appeal waivers is linked in the article.

EMS World: Social Media Policy Coming to Baltimore Responders - July 13, 2012 - The Baltimore City Fire Department plans to implement new social media guidelines after Chief James S. Clack said he found that firefighters and officers were “crossing the line” by posting inappropriate or sensitive information online. David L. Hudson, First Amendment scholar, is quoted.

The Tennessean: Vanderbilt names David Williams athletic director - July 12, 2012 - Chancellor Nicholas S. Zeppos said Vanderbilt’s athletic teams have become so successful that full-time supervision is now needed, and he charged David Williams with that mission Thursday. His new title is vice chancellor for athletics and university affairs and athletics director. The university will search for a new general counsel and secretary. The story was also reported by The City Paper.

An NPR interview with James Blumstein, University Professor of Constitutional Law and Health Care Policy, about the Supreme Court’s decision to largely uphold the health care reform act was aired on public radio stations across the country. July 9, 2012. He was also mentioned in a related article in Paragould Local Press: Obamacare survives, but political playing field has changed.

New York Times: Brawling over health care moves to rules on exchanges - July 7, 2012 - Critics of the new health care law, having lost one battle in the Supreme Court, are mounting a challenge to President Obama’s interpretation of another important provision, under which the federal government will subsidize health insurance for millions of low- and middle-income people. James Blumstein, University Professor of Constitutional Law and Health Law and Policy, is quoted.

Futurity: In tool trade, chimps reveal a quirky bias - July 6, 2012 - Chimpanzees share the controversial human psychological trait known as the “endowment effect,” according to a new study with implications for the evolution of human biases. Coauthor Owen Jones, chair in law, professor of biological sciences, and director of the MacArthur Foundation Research Network on Law and Neuroscience, is quoted.

Huffington Post: Vanderbilt University law professor’s brief relied on in Supreme Court ruling on Affordable Care Act - July 6, 2012 - A Vanderbilt University law professor’s brief on the Affordable Care Act’s Medicaid expansion provision helped shape the U.S. Supreme Court’s recent ruling. James Blumstein, University Professor of Constitutional Law and Health Law and Policy, says he speaks for himself, not for any of his institutional affiliations, and that his argument derives from scholarship rather than political beliefs.

PhysOrg: Endowment effect in chimpanzees can be turned on and off: study - July 6, 2012 - Groundbreaking new research in the field of evolutionary analysis in law not only provides additional evidence that chimpanzees share the controversial human psychological trait known as the endowment effect but also shows the effect can be turned on or off for single objects. The research was conducted by Owen Jones, New York Alumni Chancellor’s Chair in Law and director of the MacArthur Foundation Research Network on Law and Neuroscience. The research is also reported in Science Blog and Science Daily.

Associated Press: Scalia’s critics fault justice over politics - July 5, 2012 - Justice Antonin Scalia’s willingness to do battle with those on the other side of an issue long has made him a magnet for critics. Some of his recent remarks stood out in the eyes of court observers, but Scalia’s defenders say the criticism is misplaced. Brian Fitzpatrick, associate professor of law and former clerk of Scalia’s, is quoted.

Real Clear Politics: Obamacare survives, but political playing field has changed - July 2, 2012 - The Supreme Court’s 5-4 decision upholding the Obama administration’s health care legislation was a victory for the president, his administration and his party. Their most ambitious legislative achievement has not been nullified, and they are not left in obvious disarray. But it is only a partial victory and in some ways not a victory at all, both in the short run electorally and in the long run in terms of the constitutional order. James Blumstein, University Professor of Constitutional Law and Health Law and Policy, is quoted.

Business Insurance: Class action lawsuits banned in more consumer contracts - July 1, 2012 - Already utilized by many companies, clauses in end-user licensing agreements or other consumer contracts that ban consumers from turning to class actions to resolve product or service disputes are becoming more commonplace following a 2011 U.S. Supreme Court decision, experts say. Brian Fitzpatrick, associate professor of law, is quoted.

June 2012

June 28, 2012 - A number of Vanderbilt faculty members joined the media commentary on the Supreme Court’s historic decision on the Affordable Care Act, including:

NPR’s On Point – Associate Professor of Law Brian Fitzpatrick participated in a live discussion Thursday shortly after the decision. The live interview was conducted using VUStar, Vanderbilt’s campus broadcast facility.

WZTV, Channel, 17 and WKRN, Channel 2 – James Blumstein, University Professor of Constitutional Law and Health Law and Policy, was interview about the decision.

Nashville Business Journal: 7 pieces of Nashville’s health care industry impacted by today’s ruling
A Q&A with James Blumstein, University Professor of Constitutional Law and Health Law and Policy, about what the decision means for the health care business in Nashville.

The Tennessean: Tennessee officials remain cautious on health-care ruling
Tennessee leaders struggled to understand the U.S. Supreme Court’s decision to uphold much of the Affordable Care Act while appearing to strike down one of the provisions that had most troubled the states. James Blumstein, University Professor of Constitutional Law and Health Law and Policy, is quoted.

Chattanooga Times: Ruling frees state on TennCare spending mandate
Gov. Bill Haslam said he is weighing Tennessee’s options after the U.S. Supreme Court did away Thursday with a directive in the federal health law requiring states to participate in a massive expansion of their Medicaid coverage. James Blumstein, University Professor of Constitutional Law and Health Law and Policy, is quoted.

Chattanooga Times: Prosecutor backs off search rule - June 27, 2012 - The county’s top gang prosecutor said Wednesday he will remove a little-known provision on a Sessions Court form that allows police to search the homes of people assigned court-ordered community service. Christopher Slobogin, Milton R. Underwood Chair in Law, is quoted.

ABA Journal: The pedigree problem: Are law school ties choking the profession? - June 25, 2012 - Decades after graduation, elite law school degrees continue to open doors closed to graduates of less-favored schools. Prestige drives a huge proportion of law firm hiring, judicial clerkships, and coveted positions at the U.S. Department of Justice and within the legal academy. Tracy George, professor of law, has studied law firm hiring and is quoted.

Bloomberg Businessweek: Airline crash deaths too few to make new safety rules pay - June 25, 2012 - The safest decade in modern airline history is making it harder to justify the cost of new safety requirements. W. Kip Viscusi, University Distinguished Professor of Law, Economics, and Management, is quoted.

Thompson Reuters: Will $10 million Facebook privacy deal pass muster? - June 21, 2012 - There were about 100 million potential class members in the Facebook privacy class action whose terms were announced this weekend. The $10 million Facebook agreed to pay to resolve those claims would have meant just 10 cents per class member, not even enough to pay for the postage on a class notice. But Facebook users won’t even see that much money. Instead, the entire $10 million will go to charity, assuming the deal passes the judge’s scrutiny. Brian Fitzpatrick, associate professor of law, is quoted.

Talking Points Memo: Scalia reverses himself: Now disagrees with key precedent supporting constitutionality of health care reform - June 18, 2012 - Justice Antonin Scalia is releasing a new book in which he finds fault with a Roosevelt-era Supreme Court decision that forms a critical part of the legal undergirding for the health care reform law. Brian Fitzpatrick, associate professor of law and former clerk to Scalia, is quoted.

Mobile (Ala.) Press-Register: Political Skinny - June 18, 2012 - For years, reformers in Alabama have tried to remove the influence of politics on the judicial system by changing the way the state picks judges. One of the oft-floated ideas is setting up a screening committee to make a list of recommendations from which the governor would have to choose. Brian Fitzpatrick, associate professor of law, is quoted.

The Tennessean: Supreme Court holds a prognosis on health-care law - June 17, 2012 - Within Nashville’s health-care industry, players across various niches are busy weighing implications for their bottom lines with a Supreme Court ruling on health care reform likely within two weeks. James Blumstein, University Professor of Constitutional Law and Health Law and Policy, is quoted.

USA Today: Scores in N.C. are legally ‘innocent,’ yet still imprisoned - June 15, 2012 - A USA Today investigation, based on court records and interviews with government officials and attorneys, found more than 60 men who went to prison for violating federal gun possession laws, even though courts have since determined that it was not a federal crime for them to have a gun. Many of them don’t even know they’re innocent. Nancy King, Lee S. and Charles A. Speir Professor of Law and expert in habeas corpus issues, is quoted.

Boston Globe: Middleborough profanity ban touches a nerve - June 13, 2012 - Middleborough, Mass., residents have overwhelmingly voted to give police the opportunity to hand out $20 tickets for using profanity in public. But legal experts say that profanity is usually considered constitutionally protected speech. David Hudson, adjunct professor of law and researcher at the First Amendment Center at Vanderbilt, is quoted.

The Legal Intelligencer & Pennsylvania Law Weekly: State House Tables 'Merit Selection' Bill Despite Recent Judicial Scandals - June 12, 2012 - A little more than two weeks after a sitting state Supreme Court justice was suspended from the bench in the wake of criminal charges alleging she used legislative and judicial staff to perform campaign work, the state House of Representatives Judiciary Committee has once again chosen not to approve proposed "merit selection" legislation. Associate Professor of Law, Brian Fitzpatrick is quoted here and in a related story in the Jefferson City Missouri News Tribune.

Boston Globe: Ideas: Obama? Romney? How about both? - June 10, 2012 - An Indiana University professor’s vision of a shared presidency is one of several far-out proposals being floated by legal scholars who believe the United States government has become so dysfunctional that it requires radical restructuring. David Lewis, William R. Kenan Jr. Professor of Political Science and co-director of the Center for the Study of Democratic Institutions, is quoted.

City Paper: Lawsuit claims sheriff’s office, general hospital’s procedures led to man’s death - June 10, 2012 - A delusional man who became violent while in police custody at Metro General Hospital was allegedly beaten to death by deputies supervising his treatment. Christopher Slobogin, Milton R. Underwood Chair in Law, is quoted.

May 2012

Salon.com: Taxing strip clubs for rape - May 26, 2012 - In recent years, measures have been introduced in several states to apply special taxes to strip clubs — specifically to fund sexual assault services. But research does not show a link between the clubs and increased rates of sexual assault, which makes singling out the clubs for special taxes a potential First Amendment conflict. David Hudson, adjunct professor of law and scholar with the First Amendment Center at Vanderbilt, is quoted.

Bloomberg: Consumers may see new limits on mandatory arbitration - May 21, 2012 - Two U.S. agencies—the Consumer Financial Protection Bureau and the Securities and Exchange Commission—are studying whether to take steps to limit or ban so-called mandatory arbitration clauses from financial contracts with consumers. Brian Fitzpatrick, associate professor of law, is quoted.

Associated Press: Japan to honor Alexander of Tenn. - May 16, 2012 - Japan is bestowing national decorations on Sen. Lamar Alexander for his work to expand trade between Japan and the United States, and John Haley, professor of law, for furthering the study of Japanese law in the United States.

Politifact: Is holding hands gateway sexual activity? - May 10, 2012 - Proponents of the "gateway sexual activity" bill say hand-holding would not fit the definition. Christopher Slobogin, Milton R. Underwood Chair in Law, is quoted.

The Tennessean: Fake tweet stops Nashville doctor’s lecture, plans for cruise - May 9, 2012 - Nashville neurosurgeon Jack Kruse says he was the victim of cyber sabotage when his plans to speak about low-carb diets on a cruise were disrupted by an online impostor claiming he was planning to carry a biological weapon aboard. Christopher Slobogin, Milton R. Underwood Chair in Law, is quoted.

The Washington Times: For mass killers, time in court offers stage for their warped agenda - May 6, 2012 - As Anders Behring Breivik has given shocking and remorseless accounts to a Norwegian court of how he massacred 77 people, his testimony has revived a debate about how much of a public platform mass murderers should be given in trials. Michael Newton, professor of the practice of law and expert in international criminal law, is quoted.

The Tennessean: High-tech license plate readers aid police but raise ethical issues - May 6, 2012 - Sumner County law enforcement officials are using high-tech cameras to create a detailed picture of the whereabouts of thousands of cars, regardless of whether they are suspected of any link to criminal activity. It’s a type of government surveillance — spreading quickly, thanks to federal grants — that has raised privacy concerns across the country and pushed police departments to consider how the cameras and records should be used. Christopher Slobogin, Milton R. Underwood Chair in Law, is quoted.

New York Times: The rising tide against class-action suits - May 5, 2012 - On April 25, the consumer advocacy group Public Citizen released a report saying that since AT&T Mobility v. Concepcion, judges had cited the decision at least 76 times as a reason to prevent potential class-action lawsuits from moving ahead. In some of those cases, the judges made clear that they were ruling against the plaintiffs through gritted teeth, explaining that Concepcion basically made it impossible to come to any other decision. Brian Fitzpatrick, associate professor of law, is quoted.

SCOTUSBlog: Scholars’ highlight: Consensus, disorder, and ideology on the Supreme Court - May 2, 2012 - Despite broad areas of agreement that have emerged over the years, scholars and other serious observers of the Supreme Court remain far from unified in their understanding of what drives the Court’s decisions; a blog post by Paul Edelman, professor of mathematics and law, David E. Klein and Stefanie A. Lindquist.

April 2012

Bloomberg Businessweek: Consumer protection faces a ‘tsunami’ in court - April 30, 2012 - A year ago today, a split Supreme Court issued a ruling that fundamentally changed the way consumers can pursue claims of corporate wrongdoing. In a 5-4 ruling in AT&T Mobility v. Concepcion, the Supreme Court said companies have the right to force consumers who sign contracts—like debit-card agreements and cell phone plans—to accept terms that require them to settle all disputes in private arbitration and waive their right to band together in class actions. Brian Fitzpatrick, associate professor of law, is quoted.

American Medical Association (online): Doctors can risk lawsuits when writing about patients - April 30, 2012 - Experts say physicians who aspire to be authors should pay close attention to privacy laws before writing about past medical cases, even if they plan to change a patient’s identity. David Hudson, adjunct professor of law and scholar at the First Amendment Center at Vanderbilt, is quoted.

Jackson Sun: Experts: Schools often win dress code cases, but must reasonably forecast disruption - April 25, 2012 - Gibson County High School senior Texanna Edwards said she was banned from attending her senior prom last Saturday because of her dress, which resembles the Confederate battle flag. David Hudson, adjunct professor of law and scholar at the First Amendment Center at Vanderbilt, is quoted.

Associated Press: Breivik’s publicity at trial just what he wanted - April 25, 2012 - The testimony of Anders Behring Breivik, accused of massacring 77 people in Norway, has revived a debate about how much of a public platform mass-murderers should be given in trials. Michael Newton, professor of the practice of law and expert in international criminal law, is quoted.

Yahoo! Finance: Can you get rich in a class-action lawsuit? - April 24, 2012 - Class-action suits rarely end with significant payouts to the little guys. In fact, in most cases only two sets of participants reap any real rewards: the attorneys and the named or represented plaintiffs. Brian Fitzpatrick, associate professor of law, is quoted.

Forbes: How a Drafting Error Could Liberate States from Obamacare’s Employer Mandate - April 20, 2012 - This article takes a deeper look at what some analysts believe is a drafting error in the law that would prevent people in states not offering health exchanges ineligible for federal government health subsidies. James Blumstein, University Professor of Constitutional Law and Health Law and Policy, is referenced.

Nature: Science in court: Arrested development - April 18, 2012 - Neuroscience shows that the adolescent brain is still developing. The question is whether that should influence the sentencing of juveniles. Terry Maroney, associate professor of law and associate professor of medicine, health and society, is quoted.

Wall Street Journal: India Real Times: Is fairer skin really better? - April 11, 2012 - In a country where there’s a strong cultural preference for fair skin, the market has responded by generating an industry in skin-whitening products worth $400 million. Research into the effects of skin color on immigrants’ salaries in the United States conducted by Joni Hersch, professor of law and economics, is mentioned. Her research was also mentioned in a National Geographic article: Has India's Skin-Lightening Obsession Reached the Final Frontier? and in Time: Skin-lightener for women’s private parts sparks controversy.

Chicago Tribune: Ex-Christian school teacher, 75, gets probation in fondling case - April 11, 2012 - A former Illinois Christian school teacher accused of fondling himself in class, received 30 months of probation Tuesday after pleading guilty to sexual exploitation of a child, ending a case in which his attorneys suggested that a brain condition might have left him unable to control himself. Owen Jones, New York Alumni Chancellor’s Chair in Law and director of the MacArthur Foundation Research Network on Law and Neuroscience at Vanderbilt, is quoted.

National Public Radio: Federal court to weigh graphic cigarette labels - April 10, 2012 - The question of how far the government can go in forcing a business — in this case cigarette makers — to warn consumers about its product went before a federal appeals court in Washington, D.C., on Tuesday. David Hudson, adjunct professor of law and scholar at the First Amendment Center at Vanderbilt, is quoted.

Talking Points Memo: John Roberts faces a legacy-defining predicament on ‘Obamacare’ - April 4, 2012 - You’re the chief justice of the United States, and you’re presented with a choice: Either rebuke the political movement that gave you your dream job, or put your institution’s reputation on the line by neutering a sitting president’s signature legislation for the first time in 75 years. This is the unenviable dilemma John Roberts faces as the Supreme Court prepares to rule on the constitutionality of the health care reform act. Brian Fitzpatrick, associate professor of law, is quoted.

Talking Points Memo: Conservatives bristle at federal court’s retaliatory move at Obama - April 4, 2012 - The legal battle over the constitutionality of the health care law was always going to be hard-fought. But in the aftermath of Supreme Court arguments, Republican-appointed appellate judges have taken the unusual step of publicly confronting President Obama after he bristled at the notion that the high court would overturn the law. Now even conservatives are concerned that the circuit court judges stepped out of bounds Tuesday — and made Obama’s point about judicial overreach for him. Brian Fitzpatrick, associate professor of law, is quoted here and in related stories in the Washington Post: Obama’s Supreme Court comments lead some to question his strategy, The Maddow Blog: ‘I find all of this a bit incredible’ and Yahoo’s The Lookout: Jerry Smith’s Obama rebuke questioned by legal experts.

Associated Press: Student’s profane tweet stirs free-speech debate - April 3, 2012 - Indiana teen Austin Carroll was recently expelled from his high school over a profanity-laced tweet, even though he sent it in the middle of the night from his home, the word wasn’t directed at anyone and the tweet didn’t involve his school. Now the 17-year-old senior is at the center of a debate over how closely school officials may monitor students’ online activities when they aren’t in class or even on school property. David Hudson, adjunct professor of law and scholar at the First Amendment Center at Vanderbilt, is quoted.

Podcast

The Nation: Podcast: Can the U.S. government assassinate you? - May 21, 2010 - According to Admiral Dennis Blair, the administration’s Director of National Security, the authorization of a targeted hit on al Qaeda operative Anwar al-Awlaki, an American citizen, was legal. The revelation has many human rights activists, civil libertarians and legal scholars increasingly concerned about expanding executive authority. Michal A. Newton, professor of the practice of law and international law expert, is interviewed.