Professor Sara Beale discusses sentence of General Reinsurance Corp.'s former CEO Ronald Ferguson
The optimal sentence in a white-collar case is "up for grabs," Beale says, but Ferguson's sentence may be too short to recognize the severity of the fraud. » Bloomberg

Professor James Cox comments on SEC chairman's call for an agency probe
Cox says he can't recall anything that rivals this in the history of the SEC. » Bloomberg

Professor James Cox discusses Madoff's effect on the Securities and Exchange Commission
Cox says he expects a diligent inquiry into what in the culture or environment of the SEC led to multiple failures in the system. » FoxBusiness.com

Madoff revelations set off legal stampede
Proving malfeasance by middlemen could be tough because investors would have to show the firms acted recklessly, Professor James Cox says. » Los Angeles Times

Professor James Cox says Securities and Exchange Commission system is broken
There is no easy way to expand the regulatory net without using more federal budget money to carry out more inspections, Cox says. » The Guardian

Professor James Cox comments on the image of the Securities and Exchange Commission
The Madoff case "says volumes about the need to re-evaluate our ability to inspect broker-dealers and advisers,” Cox says. » The New York Times

Madoff 'tragedy' said to have escaped scrutiny by SEC
Professor James Cox says an apparent $50 billion Ponzi scheme should prompt lawmakers to review regulatory practices. » Bloomberg

Professor James Boyle seeks copyright common sense
By retrospectively extending copyright, we're neglecting the public domain and what can be built on for future innovations, Boyle says. » NPR

Professor James Boyle discusses new book
The Public Domain: Enclosing the Commons of the Mind explains how copyright, patent, and trademark laws have made most of 20th century culture legally inaccessible. » The State of Things

Legal scrutiny could blemish Blackwater
Professor Scott Silliman comments on the potential impact of manslaughter charges against five security contractors. » WRAL

Professor Paul Haagen comments on Minnesota Vikings players' lawsuit against NFL
"If the judge doesn't uphold the strict liability standard, at this point drug testing becomes impossible," Haagen says. » St. Paul Pioneer Press

Book-burning, legal style
Professor James Boyle argues that the extension of copyright is an "anti-cultural policy." » Financial Times

Bond industry to collaborate on valuation project
At a meeting of international bond industry groups, Professor Steven Schwarcz comments on valuation and purchase of illiquid asset-backed securities. » Reuters

Senior lecturing fellow Ted Kaufman appointed to fill Vice President-elect Biden’s Senate term
Kaufman also serves on advisory board of President-elect Obama’s transition team.

Five at Guantanamo ordered released
Professor Scott Silliman calls the ruling to release Algerians "a clear warning shot to the government." » The Washington Post

Uncle Sam as Sugar Daddy
Visiting Professor Bill Brown cautions against ignoring "moral hazard" in the bailout. » MarketWatch

Professor Joel Fleishman comments on the possible effect Hillary Clinton joining an Obama administration would have on Bill Clinton's philanthropic endeavors
"It certainly is likely to sharpen the scrutiny that the press and critics will give to the types of things he does in raising the money," says Fleishman. » The Washington Post

Professor James Cox comments on the legacy of Phil Gramm
The movement Gramm helped to lead "contributed mightily" to our current financial problems, Cox says. » The New York Times

U.S. Supreme Court ruling favors Navy sonar training
Finding proof of environmental harm might be easier on the East than the West Coast, says Michelle Nowlin, supervising attorney with the Environmental Law and Policy Clinic. » The News & Observer

With a new administration come fresh prospects for litigation
Professor Jonathan Wiener discusses possible new initiatives to combat greenhouse gas emissions in the Obama administration. » Greenwire

Closing detention center easier said than done
Professor Scott Silliman discusses the challenges posed by the election promise to close Guantanamo Bay. » NPR

Supreme Court hears religious display case
The government cannot allow some private speech and not others based on their content, says Professor Walter Dellinger, who will argue on behalf of the Summum religion. » NPR

Time to update Economic Theory 101
Professor Steven Schwarcz offers insight into the operation of complex, non-linear market dynamics. » Marketplace

North Carolina remains a close battle
Visiting Professor Guy Charles discusses the impact of North Carolina's new and minority voters on the outcome of the 2008 presidential race. » WNCN

Choosing a president who weighs the risks well
Voters should pay more attention to the candidates' modes of decision-making, Professor Jonathan Wiener says. » The News & Observer

Professor Scott Silliman comments on the investigation of Brig. Gen. Thomas W. Hartmann
Silliman says the case is extremely significant in that only a handful of U.S. military investigations in recent years have focused on a general. » Los Angeles Times

Atlas Mugged
Professor James Boyle contemplates how the economic events of the last month will change the way we think about markets and politics. » Financial Times

Election day scenario plays out in moot court
Dean David Levi takes role of Supreme Court chief justice in argument over outcome of 2008 presidential election and Professor Walter Dellinger argues case for Barack Obama. » NPR

Professor Steven Schwarcz calls for an international liquidity provider of last resort
Such a facility would have authority not only to lend to institutions, but also to buy bad securities in panicked markets, Schwarcz says. » U.S. Department of State

Academics sign petition in support of Bill Ayers
Attempts to link Obama with Ayers' past indiscretions "is a discreditable attempt to divert attention from the serious issues we face," Professor Michael Tigar says. » The News & Observer

Beyond the bailout
Professor Steven Schwarcz outlines short- and long-term steps essential for economic recovery. » Forbes.com

Professor Michael Tigar wins mock Supreme Court trial
Before being awarded the Office of the Appellate Defender in New York's Outstanding Oral Advocacy award, Tigar and Samuel Seymour argue Van De Kamp v. Goldstein. » The AmLaw Daily

Supreme Court's direction hinges on who wins '08 race
Professor Walter Dellinger observes that the next president may have a chance to fill three openings on the Court. » Washington Post

Professor James Cox comments on fallout between Citigroup and Wachovia
It is not clear that courts in North Carolina have decided how contracts might interact with fiduciary duties in a case like this, Cox says. » The New York Times

Unraveling the financial crisis
Looking back at the loosening of capital rules, Professor James Cox says even he believed that the market would impose its own self-discipline. » The New York Times

Professor James Cox participates in President Brodhead’s Forum on Critical Issues
Cox part of a panel of five faculty experts from across Duke University who discussed the financial crisis. » Duke News & Communications

Professor Steven Schwarcz explains the financial bailout plan on The State of Things
Under the current circumstances, Schwarcz says the plan is a good solution and one that makes sense. » WUNC

Professor Michael Tigar honored by the Office of the Appellate Defender
Tigar to receive the Gould Award for Outstanding Oral Advocacy.

Professor Neil Vidmar's new book to be the focus of conference
"Successful Strategies for Jury Trials" to be held Oct. 24 at the Suffolk University Law School in Boston.

Visiting Professor of the Practice of Law Bill Brown '80 sees problems with disappearance of investment banks
Brown suggests regulatory streamlining may be "silver lining." » MarketWatch

Who decides? The most terrifying part of the proposed bailout
Visiting Assistant Professor Zephyr Teachout '99 questions the powershift of the federal financial plan. » The Huffington Post

Help the little guy first
Clinical Program Director and Professor Andrew Foster outlines key consumer-protection provisions that should be included in any financial rescue plan. » The News & Observer

After Paulson, who?
Professors Stuart Benjamin and Mitu Gulati say voters should push the presidential candidates to identify key economic appointees ahead of the election. » Detroit Free Press

Professor Steven Schwarcz says rescue plan a year too late
Had the federal government acted earlier, it would've been able to stabilize and prevent the bulk of these problems at a much lower cost to the American taxpayer," Schwarcz says. » The Herald Sun

Professor Steven Schwarcz analyzes the Bush administration's financial rescue plan
Schwarcz calls the plan "the first serious attempt by government to cure the underlying financial disease and not merely treat its symptoms." » The New York Times

Professor James Cox comments on the struggles of Lehman Brothers and Merrill Lynch
"The longer you are attached to a place, the harder it is to see it without rose-colored glasses,” says Cox, highlighting the differences between the companies' chief executives. » The New York Times

The original bridge to nowhere
Lessons from a North Carolina bridge offer insights into today's wrangling over Sarah Palin's possible role, says Professor Barak Richman. » The News & Observer

Professor Bill Brown offers advice for finance regulations
Reinforce the distinctions between commercial banks and investment banks and shore up the system with money, Brown says. » Forbes.com

Poverty by the numbers
Associate Dean Carol Spruill discusses the numbers behind the Census Bureau's latest percentages related to poverty. » The News & Observer

Who owns ideas?
Professor James Boyle talks about copyright on the Canadian Broadcasting Corporation program Ideas. » BoingBoing

Professor Scott Silliman discusses interrogation techniques used on enemy combatants
Silliman explains the laws concerning torture and how they have been redefined since 2001. » WUNC

Research finds that the U.S. could learn a lot from the Indian hospital market
Professor Barak Richman part of an interdisciplinary team that studied India's innovative low-cost, high-quality patient care. » Duke News & Communications

Professor Donald L. Horowitz to receive 2009 ENMISA Distinguished Scholar Award
Horowitz honored for his contributions to the study of ethnicity, nationalism, and migration.

Second Circuit cites article by Professor Lisa Kern Griffin regarding compelled cooperation
Griffin’s 2007 article, “Compelled Cooperation and the New Corporate Criminal Procedure,” quoted by Chief Judge Dennis Jacobs.

Professor James Cox comments on new guidelines for companies that get into legal trouble
Problems arise when a corporation accused of wrongdoing conducts its own investigation and then refuses to share the report, Cox says. » Marketplace

Professor Lisa Griffin explains possible reasons for delays in federal obscenity case
If defendants are not being held in jail pending trial, there typically is less pressure to move fast, Griffin says. » Pittsburgh Post-Gazette

Learning to litigate at the movies
Professor Michael Tigar explains how the film "Salt of the Earth" offers important lessons for trial lawyers. » ABA Journal

Professor Scott Silliman discusses split verdict in Hamdan case
Silliman explains the outcome of Salim Hamdan's military commission trial and what the decision means for other detainees at Guantanamo Bay. » Minnesota Public Radio

Professor Scott Silliman comments on Hamdan jury
The jurors are highly educated, sophisticated, and well versed in setting aside raw emotion in determining fact, Silliman says. » Los Angeles Times

Professor Doriane Coleman discusses sex testing at the Beijing Olympics
Olympic sex testing began in 1968, following suspicions about female track and field athletes taking anabolic androgenic steroids, Coleman says. » NPR

Professor James Cox comments on reputation of Treasury Secretary Henry M. Paulson Jr.
There’s reluctance to be critical because it would further erode investor confidence and therefore cause the markets to dive deeper, Cox says. » The New York Times

Senior Lecturing Fellow Kathryn Bradley comments on Cooper custody battle
Bradley explains how both sides will try to make their case. » News 14 Carolina

Senior Lecturing Fellow Kathryn Bradley comments on "The Slammer"
"Just because you can do something doesn't mean you should," Bradley says of the weekly paper that publishes a random selection of mug shots. » WRAL

Professor Scott Silliman explains process for Guantanamo detainees' trials
As the trial of Salim Ahmed Hamdan begins, Silliman outlines the procedure for the first U.S. war crimes trial since World War II. » NPR

Professor Stuart Benjamin comments on federal appeals court ruling in Janet Jackson's 'wardrobe malfunction'
The decision is "a slap in the face" for the Federal Communications Commission, Benjamin says. » Associated Press

Clean air update
Ryke Longest, director of the Duke Law Environmental Law and Policy Clinic, explains complex interstate air pollution regulations on "The State of Things." » WUNC

Tennessee Valley Authority trial begins
Ryke Longest, director of Duke Law's Environmental Law and Policy Clinic, says courts have long upheld the right of states to protect their residents and environment. » The Charlotte Observer

U.S. Court of Appeals for the District of Columbia Circuit strikes down Environmental Protection Agency clean-air rule
Ryke Longest, director of Duke Law's Environmental Law and Policy Clinic, says it's likely to be years for a new rule to be put into effect. » The Charlotte Observer

Professor Paul Haagen comments on Atlantic Coast Conference's expansion efforts
At the five-year mark, "I'm not sure there's been a terrifically positive benefit," Haagen says. » The Washington Post

Wall Street regulators examine whether securities firms adequately police rumor-mongering
Publicly declaring inspections "may be the most effective step they could take" to stem the malicious use of rumors, Professor James Cox says. » Los Angeles Times

Professor Paul Haagen comments on the end of the Rich Rodriguez-West Virginia University saga
"I would think this is a victory for West Virginia," Haagen says of the settlement reached. » Pittsburgh Post-Gazette

Professor James Cox comments on new Securities and Exchange Commission plan
Cox calls the shift to using international rules "outsourcing safety standards." » The New York Times

Earl Warren's legacy
A lot of what the Warren court accomplished were changes in the society itself, Professor Walter Dellinger says. » NPR's All Things Considered

Scholars' study debunks Pacific Research Institute's state tort index and rankings
Professor Neil Vidmar a co-author of "Jackpot Justice and the American Tort System: Thinking Beyond Junk Science." » American Association for Justice

Professor Christopher Schroeder objects to Department of Justice legal advisers' view of presidential power
Schroeder testified before Congress as part of their ongoing investigation of interrogation practices. » The Herald-Sun

Deciphering the Medellin v. Texas ruling
The Vienna Convention treaty is unusual because its enforcement rests with police and prosecutors, Professor Ernest Young says. » ABA Journal

Companies win important business cases in U.S. Supreme Court term
Professor Walter Dellinger says a preference for national standards is a hallmark of the Roberts court. » Bloomberg.com

The limits of judicial reasoning in the post-9/11 world
Professor Curtis Bradley reviews Law and the Long War: The Future of Justice in the Age of Terror by Benjamin Wittes. » Foreign Affairs

Professor Madeline Morris discusses significance of Supreme Court decision allowing Guantanamo detainees access to federal courts
The director of the Guantanamo Defense Clinic, Morris served as a consultant on petitioner's brief in Boumediene v. Bush. » KPCC radio

Professor Madeline Morris praises Supreme Court's Guantanamo ruling
Morris, director of Duke Law's Guantanamo Defense Clinic, says the decision ensures "prompt and meaningful review of all of the detentions at Guantanamo." » Duke News & Communications

Activist groups warn against lawsuits seeking recognition of same-sex marriages
The groups hope to postpone a ruling by the U.S. Supreme Court because "attitudes are changing quickly," says Professor Erwin Chemerinsky. » Los Angeles Times

Professor Michael Tigar represents ex-White House spokesman Scott McClellan
McClellan prepared to testify before the House Judiciary Committee about the leaking of CIA agent Valerie Plame's identity, Tigar says. » Bloomberg.com

Professor James Cox comments on auction-rate securities fallout in Minnesota
Companies may pay later for avoiding write-downs now, says Cox. » Minneapolis Star Tribune

Professor Joel L. Fleishman receives ABA’s Outstanding Nonprofit Lawyer Award
Fleishman says the need for skilled legal counseling in nonprofits is greater than ever.

Professor Scott Silliman comments on Department of Justice report on interrogation techniques
Report raises more questions than it answers, says Silliman. » PRI's The World

Professor William Reppy convinces East Carolina University to stop using live animals in surgical training
ECU’s Brody School of Medicine agrees to stop the practice July 1.

Professor James Cox comments on changes in election procedures for boards of directors
Yearly elections lead to more accountability and make takeovers more difficult, Cox says. » The News & Observer

Professor Paul Haagen comments on Court of Arbitration in Sport ruling
Decision in favor of parathlete Oscar Pistorius "treats as a given that there needs to be an accommodation for persons who are disabled," Haagen says. » Los Angeles Times

Defining "public benefits"
Senior Lecturing Fellow Hans Linnartz writes that those attempting to ban illegal immigrants from North Carolina community colleges are hiding behind a misinterpretation of the law. » The News & Observer

Spotlight on Dean David Levi
Dean Levi discusses his career and Duke Law's role in the future of the legal profession with Xing Zong, a PhD student at Duke University » China.com

Wachovia to analyze internal controls and risk management practices
Professor James Cox says that hiring an outside firm is relatively unusual, but could help alleviate investors' concerns. » The Charlotte Observer

Biking to the Supreme Court
Professor Emeritus Walter Dellinger says "riding a bike is a great way for me to clear my head during the day." » Bicycling.com

U.S. military snipers challenged by guerrilla warfare
Professor Scott Silliman explains that the Law of Armed Conflict requires soldiers to identify “hostile intent." » Salon.com

The verdict on juries
Professor Neil Vidmar and colleague Valerie Hans of Cornell Law School make the case that the American jury system is working. » Judicature

Associate Dean Curtis Bradley elected to ASIL Executive Council, Board of Editors
Bradley calls the appointments "an honor" and says he looks forward to guiding the future of both organizations.

Dean David Levi comments on proposed limits on judges' travel budgets
Congressional plan could undermine valuable educational exchanges between judges and law schools, says Levi. » Legal Times

Scholars honored with distinguished professorships
Professors Powell, Coleman, and Rai receive Duke University and Law School chairs.

Durham to elect new district attorney
Professor James Coleman says he hopes the next person will be honest with the public about what is happening in the criminal justice system. » The News & Observer

Interrogation methods judged on a case-by-case basis
Professor Scott Silliman comments on the Justice Department's stance that otherwise illegal tactics could be employed in the possibility of thwarting a terror attack. » The New York Times

Animal-focused firm opens in Raleigh
Professor William Reppy Jr. says he envisions collaboration between Duke's Animal Law Project and Calley Gerber's new practice. » North Carolina Lawyers Weekly

Too "Juicy" for College Campuses?
Professor Stuart Benjamin sheds light on free speech laws as they pertain to online gossip sites. » WRAL

Professor Erwin Chemerinsky reflects on his time at Duke
Chemerinsky said he will miss most the brilliant minds he has taught over the past four years. » The Duke Chronicle

New North Carolina law requires homicide suspect interviews be recorded or videotaped
Professor James Coleman says the process will help to assure jurors that confessions were gained legally. » The News & Observer

Duke Law scholar has "Top 10" corporate and securities article of 2007
Professor James Cox's writing selected by Corporate Practice Commentator.

Professor Scott Silliman comments on military memo authorizing harsh interrogation techniques
While the memo did not cause mistreatment at Abu Ghraib and elsewhere, it helped build a culture that allowed abuses, says Silliman. » The New York Times

MoneyGram International facing SEC investigation
Recent ownership change will likely be taken into consideration, says Professor James Cox. » Star Tribune

Treasury overhaul facing opposition
Professor James Cox comments on the changes proposed for the Securities and Exchange Commission. » The Washington Post

Professor James Coleman comments on internal investigations of Durham police
The law needs to balance protecting an officer's privacy rights and assuring the public that the department made the right decision, Coleman says. » The News & Observer

Professor Ernest Young comments on Supreme Court ruling in Medellin case
Young, who filed a amicus brief in the case, says he was surprised Chief Justice Roberts wrote the majority decision. » Houston Chronicle

A lesson in voting rights
Assistant Professor Zephyr Teachout chronicles her experience registering voters. » The Herald-Sun

Making the personal political
Professor Jedediah Purdy analyzes reaction to and questions raised by Barak Obama's recent speech on race. » The Guardian

Economic trouble causing decrease in hiring of summer associates
Associate Dean Bruce Elvin says on-campus recruiting was robust at Duke Law last fall, but doing good work will be more important that ever this summer. » Law.com

Responding to Harvard's third-year tuition forgiveness plan
Associate Dean Carol Spruill comments on Duke Law's efforts to complement federal legislation that forgives debt entirely after 10 years of work in public service. » Law.com

Markets, systemic risk, and the subprime mortgage meltdown
Professor Steven Schwarcz urges action to ensure market liquidity. » The Huffington Post

Veteran advocate ready for Supreme Court appearance
Professor Walter Dellinger profiled as he prepares to defend D.C.'s handgun ban today. » The Washington Post

Fido's day in court
Animal law disputes still take place in largely uncharted legal territory, says Professor William Reppy Jr. » The News & Observer

Hospital plans enter mediation process
Professor Clark Havighurst comments on certificate-of-need regulation and the best possible outcome for consumers. » Winston Salem-Journal

Analyzing Internet campaign strategies
Visiting Assistant Professor Zephyr Teachout says how campaigns use email, web sites, and web tools could lead to the revival of self-governance. » The Herald-Sun

AALL hails Duke Law professor's study of law librarianship
"Redefining a Profession" by Senior Associate Dean for Information Services Richard Danner recognized in all-time top 25 articles list for Law Library Journal.

North Carolina Association of Women Attorneys celebrates its 30th anniversary
Professor Carolyn McAllaster reflects on her role as a founding member of the group. » North Carolina Lawyers Weekly

Should drug companies be allowed to market "off-label" uses for their medications?
Professor Doriane Coleman and Philip Rosoff discuss the implications of the FDA's suggested regulation revision. » The News & Observer

Trying to restore a name and a career
Professor Doriane Coleman comments on the use of one athlete's testimony against another in the case of former Olympian Chryste Gaines. » The Atlanta Journal-Constitution

Changes in patent law
Professor Arti Rai comments on patent prosecutors' reactions to revised examiner guidelines issued by the Patent and Trademark Office. » ABA Journal

One killing, two theories, zero justice
Associate Dean Theresa Newman calls for prosecutors and investigators to find out who really committed a murder for which a North Carolina man is serving time. » The News & Observer

The false defining line of race
Professor Karla Holloway calls for "something more rigorous than race or ethnicity to describe the differences between voters." » The News & Observer

Six men charged in Sept. 11 attacks
Trial unlikely to begin until after the November presidential election, Professor Scott Silliman says. » Los Angeles Times

Professor Paul Haagen discusses lawsuit against Reggie Bush
The NCAA has limited powers to investigate athletes suspected of breaking its rules, Haagen says. » The New York Times

Political or personal?
Professor Jedediah Purdy analyzes the campaign strategies of Democratic presidential candidate Barack Obama. » The Guardian

Professor Barak Richman comments on De Beers settlement
The company manipulates diamond supplies so they can charge monopoly prices, Richman says. » Los Angeles Times

Professor Paul Haagen comments on buyout clause in West Virginia University football coach's contract
Verbal contracts normally carry as much clout as a written ones, except where an integration clause exists, says Haagen. » Pittsburgh Post-Gazette