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In the News Archive - Analysis and Opinion

Smithsonian: The Namesake of Howard University Spent Years Kicking Native Americans Off of Their Land - May 23, 2017 - The idea that something important is in store for us is a deeply American faith, rooted in Cotton Mather’s examinations of “God’s providence” in the New World and extending to evangelical pastor Rick Warren’s popular attempt to answer the question, “What on earth am I here for?” But this source of strength has a sharp edge. Oliver Otis Howard’s life forces us to ask: What do we do when our grand sense of purpose does not last—or, worse yet, fails us? Daniel Sharfstein, Tarkington Professor of Law and professor of history, writes about abolitionist Howard and the Nez Perce War in Thunder in the Mountains, Chief Joseph, Oliver Otis Howard, and the Nez Perce War.

ABA Journal: Lawyers should tread carefully before quitting a troublesome client - April 2017 - This is one of three articles authored by David Hudson, adjunct professor of law, that appear this month in law-related outlets. Also appearing in the ABA Journal is Supreme Court considers 3 First Amendment cases this term. The Tennessee Bar Association features Remembering Johnson v. Avery, the Jailhouse Lawyer Case on its website.

The Young Lawyer (American Bar Association): Opinion: Try (legal) hacking around - February 17, 2017 - J.B. Ruhl, David Daniels Allen Distinguished Professor of Law, writes about the growing importance of “legal hacking,” which involves bringing together legal and technological experts to solve practical problems of community access to law and justice.

The Washington Post: Opinion: Calling the Muslim Brotherhood a terrorist group would hurt all American Muslims
Arjun Sethi, adjunct professor of law, writes that the White House’s talk of designating the Muslim Brotherhood a foreign terrorist organization will have ramifications far beyond the Middle East, where the group primarily operates. The result is likely to be intimidation, harassment and smears of Muslim and Arab groups here in the United States.

ABA Journal: Public officials can't evade public records laws through personal email accounts - February 1, 2017 - Adjunct Professor of Law David Hudson writes that although Hillary Clinton was the focus of the email-related brouhaha last year, similar controversies have been playing out in local governments across the country as other public employees use private email accounts to circumvent “sunshine laws” that mandate open meetings.

Bloomberg BNA: The United States Law Week: Lies, brains and courtrooms - January 19, 2017 - We care about lies, and for good reason. Humans have been lying to each other, and trying to separate lies from the truth, since we first began roaming this planet. Our recorded history is strewn with bizarre and desperate techniques to detect them, all breathtakingly ineffective, and we are only marginally better at it today. That could be changing because of some pretty spectacular advances in neuroscience, writes co-author Owen Jones, New York Alumni Chancellor’s Professor of Law.

The Tennessean: Opinion: An electoral loss hurts, but it’s not a tragedy - November 16, 2016 - Demonizing those who disagree with you might feel good for a while, but it only makes things worse. It makes it harder to find points of agreement, harder to compromise, harder to accept the inevitable disappointments. It spills over from politics to neighborhoods and workplaces, and makes daily life joyless, writes Suzanna Sherry, Herman O. Loewenstein Professor of Law. Don’t let your children grow up thinking that every electoral loss is a tragedy.

 

Reg Blog: Opinion: Do we know how risky e-cigarettes are? - November 15, 2016 - W. Kip Viscusi, University Distinguished Professor of Law, Economics and Management, writes that, while e-cigarettes deliver nicotine and consequently pose risks of addiction, they pose far fewer health risks than conventional cigarettes. As a result, regulators face an unusual challenge in regulating these “vaping” devices.

 

Boston Review: Opinion: On ice - September 21, 2016 - Colin Dayan, Robert Penn Warren Professor in the Humanities, professor of American studies and professor of law, writes that the law’s reach is tenuous in Customs and Border Protection detention facilities and that a culture of impunity prevails. As civil detainees are not convicted of any crime, the Eighth Amendment prohibition against cruel and unusual punishment does not apply, and even though detainees face harsher conditions than many in local jails or state prisons, it is much harder to raise a legal challenge because of the relatively short period of detention.

 

National Law Journal: Opinion: Readying the legal community for more neuroscientific evidence - September 12, 2016 - Owen Jones, New York Alumni Chancellor’s Professor of Law, writes in this opinion piece that two things increasingly intersect in litigation and policy formation nationwide. One is the long-standing dependence of law on facts that are ultimately about brain activity. The second factor driving the relevance of neurolaw, as the the new field of law and neuroscience is sometimes called, is that the past two decades have seen leaps in our ability to learn, noninvasively, about the structure and functioning of the brain. Understanding complex advances in neurolaw can aid the administration of justice.

 

The Guardian (U.K.): Opinion: 9/11 was 15 years ago. Why do so many of us feel less safe? - September 8, 2016 - Arjun Sethi, adjunct professor of law, writes that 15 years after 9/11 he feels worse than he did in the days following the terrorist attacks because racial profiling, hate violence and bigotry are now a routine part of the daily lives of Muslim, Arab, Sikh and South Asian Americans.

 

Lawfare: Opinion: China, Russia and international law - July 11, 2016 - Whatever domestic problems China and Russia may be experiencing, the foreign policies of both countries are a growing threat to global peace and security, writes Ingrid Wuerth, Helen Strong Curry Professor of International Law. Working together, the two countries have voted to block important U.N. Security Council action on Syria. And now they have signed a joint declaration on international law, signaling more concerted action going forward.

 

CNN: Opinion: Louisiana draws blue line in wrong places - July 8, 2016 - Citizens who seek police accountability aren’t waging a war on cops, they’re seeking justice, writes Arjun Singh Sethi, adjunct professor of law.

 

The Conversation: Opinion: Limiting access to payday loans may do more harm than good - June 6, 2016 - Paige Marta Skiba, professor of law, writes that oversight of payday loans is necessary, but enacting rules that will decimate the payday loan industry will not solve any problems. If one credit option is cut off, low-income borrowers will turn to the next best thing, which is likely to be a worse, more expensive alternative.

 

The Conversation: Explainer: how campus policies limit free speech - June 1, 2016 - Ideally, colleges and universities would foster an exchange of competing and controversial ideas. The reality is much different. Some colleges and universities limit discourse by silencing speech that might offend others through so-called speech codes and free speech zones, writes David Hudson, adjunct professor of law. Reprinted in the Huffington Post .

 

The Tennessean: Opinion: Artificial intelligence impacts legal profession - March 30, 2016 - The strength of artificial intelligence lies in its effect on the ways we do our jobs — jobs we might have assumed would always be performed by humans. And near the top of that list? The legal profession, writes, Larry W. Bridgesmith, adjunct professor of law and coordinator of the Program on Law and Innovation at Vanderbilt Law School.

 

The Conversation: Former clerk on Justice Antonin Scalia and his impact on the Supreme Court - February 24, 2016 - Justice Scalia sought to persuade us that unelected judges in a democracy should keep their lawmaking to a minimum. And he thought his philosophies of originalism and textualism were the best ways to determine when judges strayed too far, writes Brian Fitzpatrick, professor of law. A reprint of this piece appeared in U.S. News and World Report .

 

Forbes: Opinion: How much will climate change rules benefit Americans? - February 9, 2016 - W. Kip Viscusi, University Distinguished Professor of Law, Economics and Management and co-director of the Ph.D. Program in Law and Economics, co-wrote this article, which argues that the federal government has a duty to provide information about the reductions in domestic climate damages that may result from federal regulation. The current approach of reporting only the global benefits without providing estimates of the domestic benefits neglects that duty.

 

The Washington Post: These are the 10 most effective lawmakers in the U.S. Congress - December 28, 2015 - In a post on The Washington Post’s Monkey Cage blog, Alan Wiseman, associate professor of political science and law, and University of Virginia political scientist Craig Volden write, “Public approval of Congress is near historic lows. Journalists, scholars, and presidential candidates regularly express frustration with Congress’s inability to get anything done. So which members of the U.S. House are skilled at overcoming gridlock and successfully making laws?”

 

The Tennessean: Opinion: Law and facts make case for welcoming Syrian refugees - November 27, 2015 - Terry Maroney, professor of law, discusses the political battles that have broken out among Tennessee lawmakers regarding the fate of Syrian and Iraqi refugees in the aftermath of the recent terrorist attacks across the globe.

 

Fortune: Opinion: What the legal setbacks on Obama’s immigration plans say about the grey areas of U.S. border patrol - November 13, 2015 - The recent ruling by a U.S. Court of Appeals against an appeal by the Obama administration that would have changed the immigration classification of millions of undocumented immigrants on a class-wide basis is yet another sign of the vast distance between Obama’s position and his opposition’s, writes Robert Barsky, professor of French and comparative literature, Jewish studies, law and English.

 

Salon: The real reason why Obama’s rejection of the Keystone XL Pipeline was so important - November 10, 2015 - Edward Rubin, University Professor of Law and Political Science, writes that President Obama’s decision to deny permission for construction of the Keystone Pipeline may turn out to be a momentous event in the history of protecting the planet from environmental disaster.

Salon: Pope Francis is scaring the hell out of conservatives. Here’s the real reason why - September 26, 2015 - Edward Rubin, University Professor of Law and Political Science, writes that Republican legislators who attended Pope Francis’ address to Congress were apparently relieved that he said human activity is causing “environmental deterioration,” rather than using the dreaded words “climate change” or “global warming.” But what remains clear, Rubin says, is that they won’t listen to anyone about the subject—not the overwhelming majority of scientists, not economists, not public policy analysts, and not the world’s most famous religious leader.

 

Salon: Opinion: Revoke the GOP’s ‘God card’ now: Why the right wing’s Pope Francis temper tantrum is so despicable - September 24, 2015 - Edward Rubin, University Professor of Law and Political Science, writes that while conservatives have been happy to use Christian religion as a recruiting device and campaigning platform for a variety of political issues, many of them now want Pope Francis to mind his own business when it comes to climate change. But what they fail to realize, Rubin says, is that climate change is a moral issue.

 

The Tennessean: Opinion: Students need to know more about Islam, not less - September 22, 2015 - Edward Rubin, University Professor of Law and Political Science, writes that if we don’t teach our future citizens to understand Islam, and make distinctions among Islamic nations, the foreign policy those citizens support will almost certainly be ineffective and may well have tragic consequences.

 

The Tennessean: Opinion: Marriage defense backers mirror segregation defenders - September 21, 2015 - Suzanna Sherry, Herman O. Loewenstein Professor of Law, writes that the “Tennessee Natural Marriage Defense Act,” a new bill state legislators say voids the Supreme Court decision on same-sex marriage, calls to mind the tactics of Southern lawmakers who defended segregation during the civil rights movement.

 

Casetext: Opinion: Some Reflections on King v. Burwell - July 9, 2015 - James Blumstein, University Professor of Constitutional Law and Health Law and Policy, writes that no matter what one thinks of the outcome of the Supreme Court’s recent ruling on the Affordable Care Act, the court’s approach—purportedly saving the law from itself—is stunning, even Orwellian.

 

New York Times: Opinion: The good the Supreme Court has done far outweighs the harm - July 7, 2015 - Suzanna Sherry, Herman O. Loewenstein Professor of Law, writes that the Supreme Court is the last-chance, back-up opportunity to protect individual rights when legislatures fail to do so.

 

Washington Post: Opinion: Jim Blumstein on why the procedural posture of King v. Burwell might matter - June 24, 2015 - Jim Blumstein, University Professor of Constitutional Law and Health Law and Policy, writes that the broad implications of the Supreme Court’s decision on the Affordable Care Act have been front and center for a long time, but that lost in the discussion is the importance of the procedural posture of the litigation. The story also was reported in Forbes .

 

New York Times: Opinion: Rachel Dolezal’s ‘passing’ isn’t so unusual - June 15, 2015 - The history of people breaching social divides and fashioning identities for themselves is as old as America, writes Daniel Sharfstein, professor of law.

 

Salon: Opinion: The twisted morality of climate denial: How religion and American exceptionalism are undermining our future - March 8, 2015 - Climate change can be a tough sell despite the overwhelming scientific evidence that it is occurring because it challenges the religious beliefs and national pride of many people, writes Ed Rubin, University Professor of Law and Political Science.

 

The Washington Post: James Blumstein on the King oral argument - March 5, 2015 - The much-awaited Supreme Court oral argument in King v. Burwell took place Wednesday. A review of the transcript indicates that the lawyers – Solicitor General Donald Verrilli and Petitioners’ Counsel Michael Carvin – brought their A game. And so did the justices, writes James Blumstein, University Professor of Constitutional Law and Health Law and Policy.

 

ABA Journal: Florida Bar restrictions on lawyer ads which cite past results is struck down by federal court - March 1, 2015 - A Florida ethics rule interpreted by the state bar to prohibit lawyers from citing results from their past cases in radio and television commercials and indoor or outdoor display ads violates the First Amendment, according to a U.S. district court ruling that legal experts characterize as significant, writes David Hudson, adjunct professor of law.

 

ABA Journal: High School fumbles a last-gasp legal play over playoff game - March 1, 2015 - David Hudson, adjunct professor of law, dissects the case where Oklahoma City's Douglass Trojans turned to the courts, to no avail, after a referee's mistake cost them a shot at the state championship.

 

TBA Journal: The Tennessee Constitution's "Unnecessary Rigor" Provision - March 1, 2015 - The provision has not received extensive treatment in Tennessee, writes David Hudson, adjunct professor of law.

 

The Washington Post: James Blumstein on the Administration, the IRS and the ACA: Will the courts rein in the president’s pen? - February 27, 2015 -  The pending Supreme Court case King v. Burwell calls into question the validity of an Internal Revenue Service regulation that provides for subsidies for income-qualified persons who purchase medical insurance on federally-run exchanges. The IRS regulation being challenged in King is a piece of the overall Obama Administration strategy of unilaterally extending executive power, writes James Blumstein, University Professor of Constitutional Law and Health Law and Policy.

 

Salon: Opinion: “50 Shades” of Confederate grey: Why the Christian right is losing power over Southern morality - February 23, 2015 - Evangelical authorities are calling for a boycott of “50 Shades of Grey,” but its popularity in the South suggests that conservative viewers are making the most of the opportunity to consider challenging ideas about morality, writes Ed Rubin, University Professor of Law and Political Science.

 

The Tennessean: Opinion: Haslam gains leverage with Insure Tennessee rejection - February 16, 2015 - The failure of Gov. Haslam’s Insure Tennessee proposal provides an opportunity for him to develop and submit a more complete contract, writes James Blumstein, University Professor of Constitutional Law and Health Law and Policy.

 

ABA Journal: 3rd Circuit ruling upholds a lawyer's right to post glowing judicial comments about his work - February 2015 - David Hudson, adjunct professor of law, writes about a lawyer whose First Amendment right to post quotes of judges about him on his website is confirmed.

 

The Tennessean: Opinion: Privacy suffers when Internet laws become obscure - January 26, 2015 - When rules, regulations and best practices for companies that want to balance user privacy with data commercialization become increasingly obscure, privacy rights for consumers are compromised, writes Lydia Jones, adjunct professor of law.

 

The Tennessean: Opinion: Rejecting same-sex marriage is way out of date - January 19, 2015 - The idea that marriage exists solely to sanction sex—rather than love—and produce children naturally is obsolete, writes Ed Rubin, University Professor of Law and Political Science.

 

SCOTUSBlog: Professor Jim Rossi Energy regulation expert Jim Rossi comments on Supreme Court case addressing Natural Gas Act - January 12, 2015 - Rossi's SCOTUSblog post previews ONEOK Inc. v. Learjet Inc., which deals with the scope of the Federal Energy Regulatory Commission's enforcement authority and whether state regulation of energy firms presents a conflict with federal law. Post argument analysis.

 

Daily Progress: First Amendment protection for religious signage to be tested - January 2, 2015 - David Hudson, adjunct professor of law, pens analysis of the U.S. Supreme Court case recently argued involving a legal spat over temporary signs informing people of upcoming religious services in Reed v. Town of Gilbert. The case was argued on Jan. 12. His piece was also posted at Capital City Free Press .

 

ABA Journal: It's unethical for prosecutors to allow debt collectors to use official letterhead, says ABA opinion - January 1, 2015 - The ABA's most recent ethics opinion pulls no punches in stating emphatically that it is a clear violation of the Model Rules of Professional Conduct for prosecutors to provide official letterhead to debt-collection companies that then create demand letters threatening prosecution to scare individuals into paying their debts, writes David Hudson, adjunct professor of law.

The Tennessean: Opinion: Political correctness trumped safety in police shooting - December 31, 2014 - Police have a dangerous job to perform, and that job is hampered if political correctness and fear of the community overrides good judgment, writes Carol Swain, professor of political science and law.

The Conversation: Opinion: An online ‘erasure service’ for California minors – but can it work?  - December 16, 2015 - If our own behavior is inconsistent with preserving privacy, how can we expect laws to effectively protect it? This contradiction is particularly problematic for privacy laws that seek to balance the government’s interests in surveillance and protecting the country against terrorism with a citizen’s right to be left alone, writes Lydia Jones, adjunct professor of law.

Al Jazeera America: Opinion: Power speaks from Ferguson - November 26, 2014 - Colin Dayan, Robert Penn Warren Professor of the Humanities and professor of law, analyzes the Ferguson grand jury announcement and the response of officials and the public immediately following it.

The Tennessean: Opinion: Amendment 1 is government overreach at its worst - November 3, 2014 - Amendment 1 is not about being pro-life or pro-choice: It is about stripping away Tennessee’s powerful medical privacy rights, writes Ellen Wright Clayton, professor of pediatrics and law and co-founder of the Center for Biomedical Ethics and Society, and Carolyn Thompson, fellow of the American Congress of Obstetricians and Gynecologists.

National Law Journal: Op-ed: A ‘people’s pledge’ could quell the politics in judicial elections - November 3, 2014 - Unfortunately, money is increasingly defining judicial elections, but reviving the “People’s Pledge” that governed the 2012 Massachusetts race between then-Sen. Scott Brown and Sen. Elizabeth Warren would mediate the effect, write Ganesh Sitaraman, assistant professor of law, and Trevor Potter, president of the Campaign Legal Center.

David Hudson’s articles on New York’s anti-cyberbullying legislation, New Jersey’s failed constitutional challenge to federal gambling law, a privacy lab run by a D.C. firm, and his interview with Michele Roberts, new executive director of the National Basketball Players Association, all appear in the November edition of the ABA Journal .

Politico: America’s post-crash constitution - October 6, 2014 - It appears that a new era of constitutional debate is emerging from the 2008 economic crash, in which the critical battles will be increasingly fought over economic issues rather than cultural ones, writes Ganesh Sitaraman, assistant professor of law.

ABA Journal: NSA surveillance policies raise questions about the viability of the attorney-client privilege - September 1, 2014 - Some experts say the NSA has not shed nearly enough light on how lawyers are being affected by surveillance activities, writes David Hudson, adjunct professor of law.

The Tennessean: Opinion: Lessons from Tennessee Supreme Court retention election - August 21, 2014 - Retention referendums actually might have some potential to become real tools to hold judges accountable, writes Brian Fitzpatrick, professor of law.

ABA Journal: California's in-depth review of its lawyer discipline standards may inspire other states to follow - August 1, 2014 - David Hudson, adjunct professor of law, discusses issues that will face a new task force set up by the California State Bar to address discipline standards for lawyers.

The Daily Beast: Opinion: Iraqi insurgents circulate the lie that they killed the judge in Saddam's trial - June 30, 2014 - Rumors have been flying that ISIS has executed the judge who presided over Saddam Hussein's 2006 trial. The lies are just the latest attempt to destabilize a fractured country, writes Michael Newton, professor of the practice of law and expert in international law and war crimes.

Foreign Policy: Counterinsurgency for foxes - May 22, 2014 - The U.S. Army and Marine Corps have issued a revised edition of the Field Manual 3-24 Counterinsurgency, made famous in 2006 for being a popular download as well as featured on "The Daily Show." The sequel, released last week, is unlikely to catapult to the top of the bestseller lists, but the changes between the two editions are important, as they say a great deal about the changes in the military's approach to war, writes Ganesh Sitaraman, assistant professor of law.

Forbes: Opinion: Why President Obama can break the law with impunity - April 30, 2014 - The Obama Administration's breaches of the Affordable Care Act have been strategic, not adversely affecting any one person or entity. Just the opposite: the administration has blocked implementation of portions of the law so as to benefit individuals or groups and thereby soften the adverse political impact of the ACA. As a result, with an important exception, no one has had "standing" and no one has been able to sue, write James Blumstein, University Professor of Constitutional Law and Health Law and Policy, and Alex Tolbert, JD'07, MBA'07, founder of Bernard Health.

Politico: Opinion: How to clean up American elections - April 9, 2014 - For voters and activists interested in clean elections, 2014 isn't shaping up to be a good year. But all hope for limiting the corrupting influence of big money is not lost, writes Ganesh Sitaraman, assistant professor of law. Campaign finance reformers have another option, one that doesn't rely on Congress or the courts and that can be implemented immediately: the People's Pledge.

Los Angeles Review of Books: Opinion: The boycott effect - March 16, 2014 - The American Studies Association's boycott of Israeli institutions is one of few tactics that remain that can not only draw attention to the systematic denial of rights to Palestinians but also possibly bring about change, opening a space for voices that have not been heard, writes Colin Dayan, Robert Penn Warren Professor of the Humanities.

Al Jazeera America: Opinion: Why I support the ASA boycott of Israeli academic institutions - December 23, 2013 - In Israel and in the United States, the threat against those who debate or even ask questions about Palestinian human and political rights remains very much a reality, writes Colin Dayan, Robert Penn Warren Professor of Humanities and Professor of Law.

LawFare Blog: Foreign Official Immunity & Executive Branch Law-Making - December 12, 2013 - Professor Ingrid Wuerth discusses the constitutional power of the Executive Branch arguing it has no general authority to make domestic law, as the Court has held in Youngstown and Medellin v. Texas.

Electronic Intifada: Opinion: Why we must boycott Israeli universities - November 25, 2013 - Israeli academic institutions are not innocent of Israel's systematic denial of academic freedom to Palestinians, write Colin Dayan, Robert Penn Warren professor in the humanities and professor of law, and University of California English professor David Lloyd.

 

ABA Journal: The establishment clause is still a contentious battle among the justices - November 1, 2013 - Town board members in Greece, N.Y., begin each meeting with a prayer. The practice will be reviewed by the high court in terms of whether it violates the establishment clause, writes David Hudson, adjunct professor of law and scholar at the First Amendment Center.

 

CNN Opinion: Has the NSA gone rogue? - October 31, 2013 - Although the NSA may not conduct queries or examine content unless it or a court determines that "national security" is at stake, national security is apparently at stake quite often, if the recent reports about monitoring hundreds of thousands of foreigners' calls as well as the calls of foreign leaders are true, writes Christopher Slobogin, Milton R. Underwood Professor of Law.

 

Christian Science Monitor: Opinion: How candidates can sidestep Supreme Court rulings on campaign finance - October 23, 2013 - After the Citizens United ruling, reformers worry the Supreme Court may further loosen campaign finance restrictions with this term's McCutcheon case. But there's a new way to limit money in politics: private agreements between candidates not to allow third-party campaign spending, writes Ganesh Sitaraman, assistant professor of law, in this opinion piece.

 

ABA Journal: September and October 2013 - David Hudson, adjunct professor of law and research scholar with the First Amendment Center at Vanderbilt, writes about various legal issues including ethics of using judicial quotes on a website; a law professor who creates a course around a popular TV show ; ABA endorsing guidance for lawyers on fighting money laundering and terrorist financing; and flying the American flag upside down .

Al Jazeera America: Fear and hunger at Pelican Bay - August 21, 2013 - Court approves coercive feeding in response to inmates' hunger-strike protest, writes Professor Colin Dayan.

CNN: Opinion: Fix NSA mess — or else - August 13, 2013 - Edward Snowden's revelations about the National Security Agency's surveillance program provide the perfect opportunity for Congress to put aside its grandstanding and bickering and engage in the kind of deliberation expected from the national legislature of the world's most powerful democracy, writes Christopher Slobogin, Milton R. Underwood Professor of Law.

Boston Review Blog: Of Citizens and Poodles - July 2, 2013 - Professor Colin Dayan writes on the U.S. Supreme Court's gutting of the Voting Rights Act.

Washington Post: Opinion: The Supreme Court's Voting Rights Act decision - June 26, 2013 - The Supreme Court's decision to invalidate the formula for determining which voting districts required federal oversight is the result of Congress's failure to update that formula to reflect current conditions, writes Suzanna Sherry, Herman O. Loewenstein Professor of Law.


KRIS and KZTV (both in Corpus Christi, Texas), reported on the Supreme Court decision regarding affirmative action case Fisher v. University of Texas. The reports featured an interview with Suzanna Sherry, Herman O. Loewenstein Professor of Law and Harvie Branscomb Distinguished University Professor, conducted at VUStar, Vanderbilt's broadcast facility.


Boston Review Blog: A devilish way of thinking - June 24, 2013 - Professor Colin Dayan writes about the hunger strikes at Guantanamo Bay and the legal frameworks for preventive detention.

 

ABA Journal: More states see tort limits challenged as unconstitutional - April 1, 2013 - States have found it popular to pass laws limiting noneconomic damages in lawsuits, such as pain and suffering—a hallmark of tort reform, writes David Hudson, adjunct professor of law.


The Hill: Remembering the chemical attacks against the Kurds - March 26, 2013 - The ongoing slaughter in Syria is neither the first nor the worst tragedy in that neighborhood. 25 years ago this March, Iraqi forces coordinated a calculated campaign of genocide against the Kurds. Professor Michael Newton blogs about the important anniversary.


CNN: Opinion: Give Lance another chance? January 18, 2013 - Lance Armstrong’s apology on “Oprah” for doping earns a “B,” writes Erin O’Hara O’Connor, Milton R. Underwood Chair in Law.


The Tennessean: Opinion: Clean energy can provide boost to economic growth - November 7, 2012 - As the organization that decides how electricity is generated and transmitted to more than 9 million customers in seven states, TVA is uniquely positioned to help expand economic growth in the state with good-paying jobs, innovation and capital investments, writes James Rossi, professor of law specializing in energy law.


CNN World: Opinion: About that genocide indictment proposal… - October 25, 2012 - Michael A. Newton, professor of the practice of law, writes about Monday night’s debate where Mitt Romney reiterated his call for a stronger response to the growing prospect of a nuclear-armed Iran. Romney said that he would “make sure that [President Mahmoud] Ahmadinejad is indicted under the Genocide Convention.” Although a genocide case against Ahmadinejad is potentially feasible; it’s fraught with practical and political barriers.


ABA Journal: ‘Like’ is unliked: Clicking on a Facebook item is not free speech, judge rules - September 1, 2012 - A federal judge has ruled that “liking” a Facebook post cannot be considered protected speech, leaving legal experts puzzled, writes David Hudson, adjunct professor of law and scholar at the First Amendment Center at Vanderbilt.


ABA Journal: A personalized issue: First Amendment lawyer fights for his right to a vanity plate - August 1, 2012 - David Hudson, adjunct professor of law and research scholar with the First Amendment Center at Vanderbilt, writes about a First Amendment lawyer in Maryland whose personalized license plate was revoked two years after he received it.


Washington Post: Destroying the soul - July 5, 2012 - Colin Dayan, Robert Penn Warren Professor in the Humanities and Professor of Law, discusses the horrors of confinement in U.S. prisons. A similar piece appeared in The New York Times , July 18, 2011.


ABA Journal: Opinion: Occupy the courts: The nationwide movement has left a mixed bag of legal results - July 1, 2012 - Legal decisions across the country related to the Occupy movement have been a hodgepodge, some removing the Occupy campers, others allowing the movement success, writes David Hudson, adjunct professor of law and research scholar at the First Amendment Center at Vanderbilt.

CNN World: Opinion: About that genocide indictment proposal… - October 25, 2012 - Michael A. Newton, professor of the practice of law, writes about Monday night’s debate where Mitt Romney reiterated his call for a stronger response to the growing prospect of a nuclear-armed Iran. Romney said that he would “make sure that [President Mahmoud] Ahmadinejad is indicted under the Genocide Convention.” Although a genocide case against Ahmadinejad is potentially feasible; it’s fraught with practical and political barriers.

ABA Journal: ‘Like’ is unliked: Clicking on a Facebook item is not free speech, judge rules - September 1, 2012 - A federal judge has ruled that “liking” a Facebook post cannot be considered protected speech, leaving legal experts puzzled, writes David Hudson, adjunct professor of law and scholar at the First Amendment Center at Vanderbilt.

ABA Journal: A personalized issue: First Amendment lawyer fights for his right to a vanity plate - August 1, 2012 - David Hudson, adjunct professor of law and research scholar with the First Amendment Center at Vanderbilt, writes about a First Amendment lawyer in Maryland whose personalized license plate was revoked two years after he received it.

ABA Journal: Opinion: Occupy the courts: The nationwide movement has left a mixed bag of legal results - July 1, 2012 - Legal decisions across the country related to the Occupy movement have been a hodgepodge, some removing the Occupy campers, others allowing the movement success, writes David Hudson, adjunct professor of law and research scholar at the First Amendment Center at Vanderbilt.

ABA Journal: Should We Create Exceptions to Rules Regarding Coerced Interrogation of Terrorism Suspects? - June 1, 2012 - Law professors Christopher Slobogin, Milton R. Underwood Chair in Law, and Norman Abrams of the University of California at Los Angeles consider the legal dilemmas surrounding coerced interrogation of terrorism suspects. Their essays are part of a forthcoming book, Patriots Debate: Contemporary Issues in National Security Law, scheduled for publication this summer by the ABA Standing Committee on Law and National Security, which invited both writers to address coerced interrogation.

New York Times: Room for Debate: Leave the voting age alone - May 28, 2012 - To boost young adults’ political participation, focus on lifting barriers like residency requirements that exclude college students and voter ID laws that disfavor young and mobile voters rather than changing the voting age, writes Jenny Diamond Cheng, lecturer in law at Vanderbilt.

ABA Journal: A Smokin’ Body: Cancer Images Are Lighting up a First Amendment Blaze - April 1, 2012 - The battle over the constitutionality of new warnings mandated by the Food and Drug Administration to appear on cigarette packages is being fought in the lower federal courts. And two cases have already been appealed as tobacco firms and the government get heated over the FDA order. David Hudson, adjunct professor of law and research scholar at the First Amendment Center at Vanderbilt, authors this analysis for the ABA Journal.

Inside Higher Ed: Academic Minute: Sexual harassment and pay - March 26, 2012 - In this podcast, Joni Hersch, professor of law and economics, examines the relationship between pay and the likelihood of experiencing sexual harassment.

Chronicle of Higher Education: The End of (Discussing) Free Will - March 18, 2012 - As essay by Owen Jones, director of the MacArthur Foundation Research Network on Law and Neuroscience at Vanderbilt, written as part of a series in which six scholars address the topic "Is Free Will an Illusion?" from the standpoints of modern neuroscience and philosophy.

Associated Press: Court found 1st Amendment protected library protest in 1964 - February 25, 2012 - More than 45 years ago, the U.S. Supreme Court ruled that Henry Brown and four other African-American males could not be convicted for breach of peace for their peaceful, non-disruptive sit-in at a public library in Louisiana, writes David Hudson, adjunct professor of law and research scholar at the First Amendment Center at Vanderbilt.

ABA Journal: Good cop, bad citizen? As cell phone recording increases, officers are uneasy
Several recent lawsuits have affirmed the constitutional right of private citizens to record police activity on cell phones and video recorders, despite police departments’ concerns that it violates wiretap laws, writes David Hudson, adjunct professor of law and research scholar at the First Amendment Center at Vanderbilt.

Tennessean: ‘Tennessee Plan’ needs revisions - February 3, 2012 - Brian Fitzpatrick, associate professor of law, writes this opinion piece on how Tennessee’s state judges are selected. Fitzpatrick also authored an opinion piece in the Chattanooga Times Free Press (February 19, 2012 at F1, not available online) giving credit to Governor Bill Haslam, Lt. Governor Ron Ramsey and House Speaker Beth Harwell for their support of an amendment to the Tennessee Constitution that would "legalize our system for selecting judges."

2011

Toronto Globe and Mail: Opinion: How Canada can be an innovation leader - November 30, 2011 - What Canada needs at this critical juncture is a conversation about how to generate more economic impacts from innovation and creativity, writes Daniel Gervais, 2011/12 FedEx Research Professor and co-director of the Intellectual Property Program at Vanderbilt.

SCOTUSblog: Is the end of class actions upon us? - September 14, 2011 - Brian Fitzpatrick, associate professor of law, argues that although many commentators have predicted that the decision in AT&T Mobility v. Concepcion could lead to the end of consumer class actions, the decision could in fact lead to the end of class actions against businesses across most – if not all – of their activities.

Volokh Conspiracy: Opinion: On-campus vs. off-campus - August 30, 2011 - One of the most pressing issues in student-speech jurisprudence concerns when school officials can punish public school students for posting profane, racy, bullying or otherwise objectionable material online, writes David Hudson, adjunct professor of law and research scholar at the First Amendment Center at Vanderbilt, for this prominent law blog.

Knoxville News Sentinel: Analysis: Questions of religion, child custody require delicate August 10, 2011 - Judges may not discriminate against a parent’s religious beliefs in child-custody cases but may consider the effect that religiously motivated conduct may have on a child, the Kansas Supreme Court has ruled, writes David Hudson, adjunct professor of law and scholar at the First Amendment Center.

The Tennessean: U.S. leadership role is in doubt - August 3, 2011 - Unless Congress moves quickly to enact sensible legislation that signals to the world the U.S. dollar is stable and dependable and also supports the innovation needed to fuel economic growth, the U.S. may lose its dominant economic position, writes Daniel Gervais, professor of law.

New York Times: Room for Debate: The bias against the unemployed - July 26, 2011 - Limiting the applicant pool on the basis of current employment disproportionately screens out groups of workers with high unemployment rates. And the groups with the highest unemployment rates — blacks, older workers and the disabled — fall disproportionately into the classes protected by current nondiscrimination law, writes Joni Hersch, professor of law and economics.

SCOTUSblog: Opinion: Why the Court should uphold S.B.1070 - July 14, 2011 - The Supreme Court should uphold the constitutionality of Arizona’s S.B.1070—which empowers local law enforcement to investigate immigration status during arrests and traffic stops when there is reason to suspect a violation—and recognize the legislation as a good faith effort by a state seeking to impose law and order in a crisis situation, writes Carol Swain, professor of law and political science.

ABA Journal - Rumors of War Medals: The First Amendment May Protect Lying about Military Awards - July 1, 2011 - David Hudson, adjunct professor of law and First Amendment Center scholar, discusses the implications of the 9th Circuit Court of Appeals' decision in U.S. v. Alvarez, in which the Court ruled that "The right to speak and write whatever one chooses--including, to some degree, worthless, offensive and demonstrable untruths--without cowering in fear of a powerful government is...an essential component" of First Amendement protection.

Daily Iowan: After violent video games, what about adult entertainment - June 30, 2011 - "The U.S. Supreme Court rejected California’s violent video-game law in part because of the imprecise social-science research linking violent video games to aggressiveness in children. Now if the court would only apply that reasoning in cases involving adult entertainment." Opinion piece by David Hudson, adjunct professor of law and First Amendment Center scholar...

Jurist: Supreme Court affirms that violence is not obscenity - June 28, 2011 - Analysis of the U.S. Supreme Court's violent video games decision in Brown v. Entertainment Merchants Association by David Hudson, adjunct professor of law and First Amendment Center scholar, , notes that the decision continued the Court's trend of limiting legislative attempts to create new categories of unprotected speech and rejected the concept of violence as obscenity.

China Daily: Opinion: South Sudan’s gathering storm - June 9, 2011 - Coauthored by Michael Newton , professor of the practice of law - Sudan’s government, led by President Omar Hassan Ahmad al-Bashir, has taken a page from its Darfur playbook by waging war once again on civilians and their property, this time attacking the disputed border region of Abyei on the eve of South Sudan’s legal secession next month, writes Michael Newton, professor of the practice of law, and John C. Bradshaw, executive director of the Enough Project. The commentary was also published in Nigeria’s Business Day, Egypt’s Daily News and other English-language news outlets around the world.

"Justice: Too Much and Too Expensive," April 17, 2011 - New York Times - This opinion piece by Nancy J. King, Lee S. and Charles A. Speir Professor of Law at Vanderbilt, and Joseph Hoffmann of Indiana University Maurer School of Law, proposes a new approach to habeas cases. The reforms King and Hoffmann recommend are based on their book, Habeas for the Twenty-First Century: Uses, Abuses, and the Future of the Great Writ (University of Chicago Press, 2011) and a comprehensive study of habeas cases King completed in 2007 with colleagues Fred Cheesman and Brian Ostrom, Habeas Litigation in U.S. District Courts: Final Report .