Faculty News 2011
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Please note that some links to external news sources may no longer be available.
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Cox: Insider trading doesn’t harm investors as much as other abuses
Prof. James Cox says SEC's newfound focus on insider trading may distract from more pressing issues. » New York Times -
Kaufman says JPMorgan losses exemplify dangers of derivatives trading
Visiting Prof. Ted Kaufman, a former U.S. Senator from Delaware, calls for more transparency in derivatives trading. » Huffington Post -
Benjamin analyzes application of speech protection to search engines
The more the First Amendment is applied to how information is transmitted online, says Prof. Stuart Benjamin, the harder it is to regulate. » New York Times -
Coyne '79 comments on post-bailout GM tax deal
Senior Lecturing Fellow Jeffrey Coyne says the auto company was allowed to “to retain the cake while eating it." » Fox News -
Cox comments on JPMorgan trading losses
Prof. James Cox looks at the key questions in shareholder suits alleging CEO Jamie Dimon misrepresented risk to investors. » Huffington Post -
Duke's NASCAR star
Paulie Harraka, who graduated on Sunday, is using his college degree to propel his career on the track. Prof. Paul Haagen talks about why he invested in Harraka’s company. » CNN -
NC State Bureau of Investigation forensics scandal grows
Prof. James Coleman says revelations of misconduct in the Michael Peterson case are “just another indication of how broad the problem likely is." » Huffington Post -
Legal Theory Blog recommends new Siegel paper
Prof. Neil Siegel's new paper, "Jack Balkin's Rich Historicism and Diet Originalism: Health Benefits and Risks for the Constitutional System," is recommended by legal blog. » Legal Theory Blog -
Bradley analyzes potential consequences of Amendment One
Prof. Kathryn Bradley examines the legal ramifications of the proposed amendment. » CNN -
Dunlap comments on contentious hearing in 9/11 trial
Prof. Charles Dunlap, director of Duke Law's Center on Law, Ethics and National Security, says attorneys for accused terrorists may think "extended noncompliance... will so frustrate and exhaust the commission participants that the judge or the prosecution will be lured into some error." » Bloomberg -
Cox comments on Wal Mart pension lawsuit
Prof. James Cox comments on a suit accusing Wal-Mart’s leadership of breaching its fiduciary duty in connection with a bribery scandal in Mexico. » New York Times -
Bartlett, Bradley, and McAllaster discuss impact of N.C. Amendment One
Professors Katharine Bartlett, Kathryn Webb Bradley, and Carolyn McAllaster say proposed constitutional amendment is overly broad and vague. » Watch video -
Hu proposes new framework for understanding Arizona immigration law
Visiting Assistant Prof. Margaret Hu calls Arizona's immigration law "reverse-commandeering." » Truthout -
Richman discusses e-book price fixing
Prof. Barak Richman talks about the suit brought by DOJ against Apple and five major book publishers. » The State of Things -
Dunlap discusses KSM military tribunal
Visiting Prof. Charles Dunlap, director of Duke Law's Center on Law, Ethics and National Security, talks about similarities between civilian and military trials. » Bloomberg -
Bartlett, Bradley, and McAllaster join state family law professors in opposing N.C. Amendment One
Professors Katharine Bartlett, Kathryn Webb Bradley, and Carolyn McAllaster say constitutional proposal threatens harm to a broad range of families. » Read statement -
Bartlett analyzes legal impact of N.C. Amendment One
Prof. Katharine Bartlett calls the proposed amendment "too broad and too vague." » ABC 11 -
Hu '00 analyzes Arizona immigration law
Visiting Assistant Prof. Margaret Hu talks about the ramifications of the pending Supreme Court decision on Arizona's strict immigration policy. » Capital Tonight -
Dunlap debates role of lawyers in cyberwarfare
Adherence to the rule of law is "the smart, pragmatic and war-winning formula," says Prof. Charles Dunlap, director of Duke's Center on Law, Ethics and National Security. » ABA Journal -
Foster discusses preparing law students for the social sector
Prof. Andrew Foster, director of Duke Law's clinical programs, says the Law School is "well positioned to play a distinctive role in helping to train the next generation of lawyers to represent, support, and lead the nonprofit sector." » NC Bar Association -
Vidmar discusses jury data related to Racial Justice Act
Jury selection data supports Racial Justice Act legislation and ruling, says Prof. Neil Vidmar. » WRAL -
Hu '00 assesses Arizona's strict immigration law
Visiting Assistant Prof. Margaret Hu says the state law, set for oral argument before the Supreme Court Wednesday, is a "threat to federal sovereignty." » ACS Blog -
Dunlap gives suggestions for renewing military discipline
The U.S. military should adopt new strategies for war and professional conduct, says Prof. Charles Dunlap director of Duke's Center on Law, Ethics and National Security. » News & Observer -
Buell comments on insider trading sentences
A new recommendation that those convicted of insider trading be given higher sentences may have limited effect, according to Prof. Samuel Buell. » Wall Street Journal -
Cox comments on crowdfunding equity
New law could lead to more jobs and resources for entrepreneurs, but investors should be cautious about "very high risk" offerings, says Prof. James Cox. » Bloomberg -
Haagen comments on latest NFL concussion lawsuit
Citing a highly publicized pay-for-hits scandal in the complaint may help players "raise a general buzz in the public that this is an issue," says Prof. Paul Haagen. » SI.com -
Purdy shares "Three Ideas for the Food Movement"
Prof. Jedediah Purdy presents his small, medium, and large ideas for the food movement. » The Huffington Post -
Cox: Corporate legal spending may decrease
Prof. James Cox comments on reports that corporations are tightening the purse strings on outside counsel. » WSJ Law Blog -
What small tax cheats can cost the government
Prof. Richard Schmalbeck examines the risk/reward ratio involved in cheating the IRS out of $14. » Marketplace -
Zelenak discusses revived debate over Buffett rule
Prof. Lawrence Zelenak says real deficit reduction will require a much higher minimum tax rate for the wealthy. » NPR: Morning Edition -
Carrington proposes modified term limits for Supreme Court justices
Prof. Paul Carrington suggests imposing "a reasonable limit on the length of time that a mere mortal should hold so much political power." » New York Times -
Siegel to discuss "living originalism"
Prof. Neil Siegel will join an "all-star cast of participants" to discuss and debate constitutional interpretation in April. » Balkinization -
Dunlap comments on drone strikes
"I think the U.S. government needs to be more transparent,” says Prof. Charles Dunlap executive director of Duke's Center for Law, Ethics and National Security. » The Daily Beast -
Dellinger interprets Obama's Supreme Court comments
“To strike down an act that is an economic regulation of this magnitude isn’t something we’ve seen since the Lochner era, and that seems to be what the president was trying to say,” said Prof. Walter Dellinger » Washington Post -
Gulati comments on Greek debt restructuring
Prof. Mitu Gulati says that Greece may give in to the demands of private investors holding 2-3 percent of the Greek debt, rather than go through "the drama of being in default again.” » New York Times -
Siegel says health care arguments paint picture of a political Supreme Court
While fed'l appellate courts have shown ways of talking about constitutional views that are distinct from politics, Prof. Neil Siegel said he "didn't see as much of that in the [health care] arguments as I would have liked." » National Law Journal -
Siegel's Commerce Clause arguments on health care reform cited
Prof. Neil Siegel's argument that framers gave Congress power to regulate economic free riders called persuasive. » The New Republic -
Dunlap comments on lack of charges in Pakistan drone case
Visiting Prof. Charles Dunlap discusses the NATO airstrike that killed 24 Pakistani soldiers. » New York Times -
Dellinger debunks health-care reform myths
Prof. Walter Dellinger participates in an online Q&A about the legal challenges to the Affordable Care Act that will come before the Supreme Court on March 26. » Washington Post -
Siegel comments on legal movement against the Affordable Care Act
Prof. Neil Siegel says "most people think the government is likely to win more than five votes, but the arguments that seemed off the wall now seem on the wall." » Politico -
A Moot Court: Health Care on Trial
One week before the U.S. Supreme Court takes up the issue, Prof. Neil Siegel sat with a distinguished panel of judges to hear a moot court case focusing on the constitutionality of the Affordable Care Act. » View webcast. -
Jenkins '97 comments on unauthorized use of slain student's photo
Jennifer Jenkins, director of Duke's Center for the Study of the Public Domain discusses the legal context surrounding a company's use of a murder victim's photo on billboards in India. » WRAL -
Dunlap says draft would not solve military problems
"The all-volunteer army works. Our counterinsurgency strategy doesn't," says Prof. Charles Dunlap, director of Duke's Center on Law, Ethics and National Security. » New York Times -
Lange comments on the future of creative expression in the aftermath of Golan v. Holder
Prof. David Lange revisits the Supreme Court decision and related issues, as part of his podcast series with Suffolk Law. » Legal Talk Network -
Siegel examines controversial healthcare provision
Prof. Neil Siegel blogs about whether the ACA's minimum coverage penalty is technically a tax. » Balkinization -
Haagen discusses legal challenges to amateur collegiate athletics
Prof. Paul Haagen, co-director of Duke’s Center for Sports Law and Policy, considers the differences between unpaid interns and student athletes. » Toronto Star -
Dunlap comments on military's delay in releasing information on Afghanistan shooting suspect
Prof. Charles Dunlap, director of the Center on Law, Ethics, and National Security, noted that military sources leaked details of the alleged shooter's medical history even before releasing his identity. (Dunlap also discussed the Panjwai shootings in Foreign Policy.) » National Journal -
Longest explains provisions of new billboard rules
Ryke Longest, director of the Environmental Law and Policy Clinic, explains the claims made in a clinic client's lawsuit over new state rules allowing cutting public trees in front of billboards. » Asheville Citizen-Times -
Boyle named to list of most influential law professors on Twitter
A list of the "Top 50 Law Professors on Twitter" includes Prof. James Boyle, co-founder of the Law School's Center for the Study of the Public Domain. » Follow James Boyle on Twitter. -
Baxter comments on bank stress tests
Prof. Lawrence Baxter discusses the Federal Reserve's plan to subject banks to simulated financial stress. » Marketplace -
Baxter skeptical about impact of "bombshell" Goldman Sachs op ed
It's difficult to say if a Goldman Sachs exec's resignation via op ed is "a genuine indication that things are badly out of line or just somebody who's really disgruntled," says Prof. Lawrence Baxter. » USA Today -
Gulati, Buchheit push novel solutions for Greece and others
Prof. Mitu Gulati says student suggestion sparked Greek debt deal idea. » New York Times -
Helfer discusses discrimination based on sexual orientation and gender identity at United Nations
Prof. Laurence Helfer participates in a panel discussion on discriminatory laws and practices and acts of violence against individuals based on sexual orientation and gender identity. » United Nations Webcast -
Rai comments on International Trade Commission decisions
Prof. Arti Rai talks about whether there has been a policy shift in ITC decisions, and what that would mean for patentees' rights. » InsideCounsel -
Kaufman examines "too big to fail" and the Volcker Rule
Former U.S. Senator and Visiting Prof. Ted Kaufman cites a paper by Prof. Kimberly Krawiec in analyzing the pressures on lawmakers crafting financial regulation. » Huffington Post -
Helfer participates in human rights conference with Supreme Court justices
Prof. Laurence Helfer is among the panelists at a high-level conference on the role of European and U.S. judicial systems in protecting individual rights. -
Sachs weighs in on individual mandate debate
Prof. Stephen Sachs writes about The Uneasy Case for the Affordable Care Act. » The Volokh Conspiracy -
Clotfelter talks big-time college sports
Prof. Charles Clotfelter, author of Big-Time Sports in American Universities, discusses the effects of major college sports on academic institutions. » The State of Things -
Horowitz essay examines Constitution's international influence
Prof. Donald Horowitz's essay on "The Federalist Abroad in the World" sheds light on the debate over the Constitution's international relevance. » Bloomberg -
Dunlap comments on possibility of U.S. strike on Iran
Prof. Charles Dunlap says that, while any use of force risks unintended consequences, Iran "would make a huge mistake if they underestimate... how bad it can really be to be the target of American military might." » Huffington Post -
Historical practice and separation of powers article recommended by Legal Theory Blog
Prof. Curtis Bradley co-authored a new paper, Historical Gloss and the Separation of Powers, which presents three case studies of constitutional debates on separation of powers in which practice-based arguments are prominent. » Legal Theory Blog -
Coleman comments on Tour de France doping issue
2010 tour winner Alberto Contador was stripped of his title on Feb. 6 after tests for illegal stimulants came back positive, a ruling Prof. James Coleman calls "a correct result." » Fox Sports -
Longest discusses new law allowing billboard owners to cut publicly owned trees
Environmental Law and Policy Clinic Director Ryke Longest says clinic client Scenic North Carolina is "considering all legal options, including possibly challenging the rules and the constitutionality of the statute itself.” » Asheville Citizen-Times -
Bowling comments on proposed labor law revisions for high-tech workers
Senior Lecturing Fellow Dan Bowling says proposed changes seem "necessary to keep a competitive posture and keep jobs in the United States." » Charlotte Observer -
Lange discusses how freedom of speech applies to the press
In this podcast, Prof. David Lange asks whether freedom of speech means something different from freedom of the press, and examines whether or not new media has made this question more complex. » Suffolk University IP Law Podcast Series -
Siegel paper on tax power gets high recommendation
Prof. Neil Siegel and co-author offer distinction between taxes and penalties relevant to pending health care case. » Legal Theory Blog -
Beale discusses restorative justice
Prof. Sara Beale discusses how the concept of restorative justice focuses more on redressing wrongs than on punishment. » What is restorative justice? -
What's next for anti-SOPA movement?
An essayist suggests that critics of the current copyright regime have evolved, and might continue to move, in a direction suggested by Prof. James Boyle in a 1997 essay. » Salon -
Baxter comments on call to break up B of A
A public interest group says regulators have the power to break up Bank of America for being "too big to fail," a move Prof. Lawrence Baxter calls a stress test of the Dodd Frank financial regulations. » Banking Law Prof Blog -
Longest comments on rule change allowing clear cutting for billboards
Senior Lecturing Fellow Ryke Longest directs the Environmental Law and Policy Clinic, which is representing a client opposing the new rules. » News & Observer -
Charles to brief U.S. Commission on Civil Rights on Feb. 3
Prof. Guy Charles will discuss enforcement of the Voting Rights Act with the bipartisan agency. » NEWS.GNOM.ES -
Zelenak comments on Romney's tax returns
Prof. Lawrence Zelenak says "it's kind of remarkable under current law that an extremely wealthy couple like the Romneys don't have to do anything very aggressive at all in order to get their average tax rate down to around 15 percent." » NPR: All Things Considered -
Purdy: A productive debate about the economy requires focus on details
Prof. Jedediah Purdy says talking about "the market" is meaningless without specifics. » Huffington Post -
Rai assesses top IP law issues for 2012
Prof. Arti Rai comments on some of the issues that could bring major changes in U.S. intellectual property law in 2012. » Intellectual Property Watch. Subscription required. -
Coleman, Clotfelter discuss "How Big Time Sports Ate College Life"
Prof. James Coleman and Prof. Charles Clotfelter assess the cultural and academic impact of major college sports on educational institutions. » New York Times -
Boyle comments on possible ramifications of SOPA legislation
Efforts to curb online piracy could lead to "the Tower of Babel introduced into IP addresses,” says Prof. James Boyle. » The American Prospect -
Supreme Court rules on Death Row case in which DeMott filed amica brief
The Court ruled for an Alabama inmate based, in part, on agency principles, which were the subject of an amica brief filed by Prof. Deborah DeMott. See video. » Bloomberg -
Coleman says system, public enable wrongful convictions
Prof. James Coleman calls on the public to more strongly condemn misconduct leading to wrongful convictions. » Durham Herald-Sun -
Schmalbeck discusses estate tax
Prof. Richard Schmalbeck talked about options for taxing inherited wealth during a panel discussion at the American Association of Law Schools conference. » TaxProf Blog -
Levi lauds ordinary acts that build extraordinary democracy
Dean David Levi says Chief Judge John Roll, shot and killed one year ago as he stood in line to see Congresswoman Gabrielle Giffords, was "as much on the job as he was when he wore his robe in the courtroom during the regular work week." » National Law Journal -
Purdy: Applying personal morality to political and financial institutions is a fruitless endeavor
The morality of personal choices is "at the heart of a lot of important issues, but not this one," says Prof. Jedediah Purdy. "We need to talk about whether the rules are just." » Huffington Post -
Richman comments on Supreme Court's "ministerial exception" ruling
Prof. Barak Richman co-authored an amicus brief in the employment-discrimination case that was the subject of the Court's Jan. 11 ruling. » Chronicle of Higher Education -
Gulati says debt investors are delaying deal that could help Greek economy
“If you own a bond that matures in March and it is January, then you have every incentive to delay,” says Prof. Mitu Gulati. » New York Times -
Bradley discusses war crimes at AALS panel
Prof. Curtis Bradley debated Congress's power to designate material support of terrorism as a war crime during a panel discussion at the American Association of Law Schools conference. » Lawfare -
Coleman says opposition mischaracterizes Racial Justice Act
Attempts to undo the RJA are really about polarizing voters, says Prof. James Coleman. » Yes! Weekly -
Purdy examines connections between food movement, climate change
"We should unlock our own utopian imagination to think about living well for the future on the planet we have made," says Prof. Jedediah Purdy. "The cultural change around food is a modest but important reminder that we can." » Huffington Post -
Spring Regulatory Governance seminar cited for novel, cross-disciplinary approach
Seminar taught by Prof. Jonathan Wiener and Duke historian Edward Balleisen includes readings from sociology, political science, economics, cognitive psychology, history, and law. » Chronicle of Higher Education -
Carrington says NC voters don't want judgeships for sale
Prof. Paul Carrington calls for judicial election reform. » Winston-Salem Journal -
Jenkins '97: Rich public domain benefits art, innovation
Jennifer Jenkins, director of Duke's Center for the Study of the Public Domain, writes about repeated extension of copyright laws, which prevent any works published in the US from entering public domain until 2019. » Huffington Post -
Gulati co-authors paper on Greek debt crisis
A new paper co-authored by Prof. Mitu Gulati assesses the possibility of private sector involvement in Greek debt restructuring. » Wall Street Journal -
Clotfelter looks at obstacles to college sports reform
"History suggests that the prospects for fundamental reform are not bright," writes Prof. Charles Clotfelter » Des Moines Register -
Richman, Schulman say new Medicare plan misses crucial point
Prof. Barak Richman and Prof. Kevin Schulman say that a new Medicare plan "does nothing to stem the unsustainable growth rate of health care spending." » News & Observer -
Dunlap comments on larger issues in Bradley Manning hearing
Leadership failure to secure confidential information may affect case aganst alleged leaker, says Prof. Charles Dunlap Jr. » Politico -
Levy article compares norms in appellate court case management
Lecturing Fellow Marin Levy's article on differences in case management practices and the resulting outcomes is cited for deft analysis. » Jotwell -
Book co-authored by Schroeder wins Green Bag award
The Green Bag Almanac and Reader selected Keeping Faith with the Constitution (Oxford University Press, 2010), co-authored by Prof. Christopher Schroeder, as an exemplar of good legal writing in 2011. » The Green Bag -
New Mike Peterson trial won't resemble first
"You can't do the surprise plays, like you might in a big football game, again. The other team is expecting it and knowing it, so it will be a different trial," said Prof. Thomas Metzloff » WRAL -
McAllaster discusses spread of AIDS in NC
Prof. Carolyn McAllaster, director of the AIDS Legal Project and Southern HIV/ AIDS Strategy Initiative says she hopes recent research done by those groups and presented to Obama administration officials will help guide AIDS policy. » Independent Weekly -
Boyle talks about aggressive federal enforcement of online piracy policy
Prof. James Boyle says new online piracy policies are at odds with administration's position on internet speech in other countries. » The American Prospect -
Lange discusses “Scorpions: The Battles and Triumphs of FDR’s Great Supreme Court Justices”
In this podcast, Prof. David Lange talks about Harvard Law Prof. Noah Feldman’s recent book. » Legal Talk Network -
Lawmaker proposes bill to ensure court rules on health care
A Republican congressman has proposed a bill to avert delays in the Supreme Court's ruling on constitutional challenges to health care reform, a solution proposed by Prof. Neil Siegel and coauthor in a forthcoming article. » Huffington Post -
Krawiec examines public input in financial regulation implementation
A paper by Prof. Kimberly Krawiec analyzes the process which produced the Volcker rule. » Jotwell -
Benjamin: Blogging may affect journalist shield laws
"Both the costs and benefits of the protections for false statements seem to have increased in the blogging era," says Prof. Stuart Benjamin. » New York Times -
Coleman says DA in Fine case has said too much
"Either you indict the person and you prosecute him or you just keep your mouth closed," said Prof. James Coleman. » Syracuse Post-Standard -
Lack of prosecutions in financial collapse speaks to difficulty proving mental state
Prof. Samuel Buell says prosecutors have to prove Wall Street execs "were putting out [material] that was false and misleading and... did it anyway." » MarketWatch -
Benjamin comments on legality of Gingrich's Bolton promise
Prof. Stuart Benjamin says that, contrary to some commentary, Newt Gingrich did not break the law by naming a potential Cabinet nominee. » The Volokh Conspiracy -
Two speeches, two lefts: Purdy compares speeches by Obama and Roosevelt
Prof. Jedediah Purdy compares Pres. Barack Obama's Kansas speech to a speech given by Teddy Roosevelt, finding similarities and some troubling differences. » Huffington Post -
Siegel calls on lawmakers to ensure court rules on health care
Prof. Neil Siegel and coauthor propose a way to avoid delays in the Supreme Court's ruling on constitutional challenges to health care reform. » Balkinization -
Reichman paper argues for sharing technology that mitigates climate change effects
A paper co-authored by Prof. Jerome Reichman calls for “reasonable and balanced” discussion about IP and climate change technology. » Intellectual Property Watch -
Coleman disputes RJA opponents' claim
Prof. James Coleman says claims that the Racial Justice Act could lead to parole for death row inmates are misleading. » WRAL -
Purdy says Roberts Court governed by market logic
Prof. Jedediah Purdy says the Supreme Court is following a path similar to one it traveled in the Gilded Age by "giving constitutional protection to unequal economic power in the name of personal liberty." » Democracy Journal -
Duke Law and China
The history of a three-decade long relationship. » The Chronicle -
Dudziak analyzes John Hope Franklin's work on race and militarization
Prof. Mary Dudziak delivered a lecture on “The ‘Martial Spirit’ in American History: John Hope Franklin on Militarization and War.” -
Levi responds to NYT article on legal education
Dean David Levi says some aspects of legal education have evolved to meet the profession's needs, "but some things have not changed, and we should be glad of it." » Balkinization -
Siegel: There is one health care law everyone can agree on
Prof. Neil Siegel and coauthor urge law to ensure Supreme Court rules on health care reform in current term. » Justia -
Coleman says Durham DA is "self-destructing"
DA Tracey Cline, now linked to false information filed in court, "really is undermining the integrity of her office," says Prof. James Coleman. » News & Observer -
Report says HIV epidemic in the South has reached crisis proportion
Duke AIDS Legal Project launches Southern initiative under the direction of Prof. Carolyn McAllaster. -
Baxter discusses leadership of House Financial Services Committee
Rep. Maxine Waters, who may become the committee's ranking Democrat, is "certainly very much more anti-banker than (outgoing Rep.) Barney Frank ever was,” says Prof. Lawrence Baxter. » Minyanville -
Siegel comments on Kennedy's role in health care decision
Supreme Court Justice Anthony Kennedy, who may be the swing vote when the Supreme Court addresses health care reform, balances conflicting concerns for state and individual rights, says Prof. Neil Siegel. » ABC News -
Haagen says NBA deal is a win for owners
"The league got a very substantial victory and I’m not quite sure what the players got," says Prof. Paul Haagen. » Bloomberg -
Baxter, Krawiec examine finance industry input into crafting regulation
Prof. Kim Krawiec says average people couldn't match finance insiders' ability to make nuanced suggestions to officials crafting regulations; Prof. Lawrence Baxter says "there are exceptions in [the regulations] you could drive buses through." » Huffington Post -
Coleman challenges prosecutors’ calls to repeal Racial Justice Act
D.A.s face “mountain of evidence” they routinely exclude qualified black jurors from capital juries, writes Prof. James Coleman. » News and Observer -
Obama taps Silliman for military judgeship
Prof. Scott Silliman was nominated to a military appellate court created to try terrorism suspects detained by the government. » The Duke Chronicle -
Hu says "show me your papers" immigration laws seem un-American to some
Visiting Assistant Prof. Margaret Hu says some new state immigration laws have unpleasant cultural connotations. » Jurist -
Haagen discusses dissolution of NBA players union
Recent developments could mean the cancellation of the entire NBA season, says Prof. Paul Haagen: "If we get relatively deep into the process, positions will harden and economics change." » Charlotte Observer -
Zelenak discusses presidential candidates' tax plans
Prof. Lawrence Zelenak says some GOP candidates' tax plans are "playing off the prominence of the top rate and sort of taking people’s eyes off the ball." » Bloomberg -
Coleman comments on Penn State civil liability
Prof. Doriane Coleman says state universities have protection from some tort claims. » New York Times -
Hu comments on Supreme Court GPS case, growth of cybersurveillance
Visiting Assistant Prof. Margaret Hu says "continuous 24/7 government monitoring of everyone and everything we do may become routine—the new normal." » ACS Blog -
Zelenak comments on GOP candidates' tax proposals
Flat tax proposals are an easy political sell because "people, with good reason, find the current income tax system to be confusing and difficult to deal with," says Prof. Lawrence Zelenak. » San Francisco Chronicle -
Lange discusses Supreme Court copyright case
In this podcast, Prof. David Lange discusses Golan v. Holder, a case involving legislation requiring the transfer of millions of foreign works from the public domain to copyright protection. » Legal Talk Network -
Gulati comments on Greece bailout
Prof. Mitu Gulati addresses the Greek debt crisis. » New York Times -
Coleman discusses ethics of using healthy minor children as organ donors for siblings
Prof. Doriane Coleman's essay is from the "Good Question: An Exploration in Ethics" series of the Kenan Institute for Ethics. » Kenan Institute -
Purdy pens more OWS observations
Prof. Jed Purdy ponders "how to be a liberal-conservative-socialist (anarchist)." » fieldwork -
Baxter comments on debit card fee backtracking
Prof. Lawrence Baxter says banks that changed plans to charge more for debit card use may shift focus to charging more for "financial planning, safe deposit box fees, even certain types of online services." » Marketplace -
Levi debates Declaration's legality
Dean David Levi joined other American lawyers to debate the legality of the Declaration of Independence with British barristers in Philadelphia's Benjamin Franklin Hall. » History.com -
Holloway reflects on the Clarence Thomas confirmation hearings
Prof. Karla Holloway looks back at the controversial confirmation hearings in the US Senate, examining their impact on race and gender identity politics in America. » The State of Things -
Buell comments on Goldman Sachs insider trading case
In lieu of wiretaps, prosecutors will likely "be matching up phone calls and trades and the timing of meetings,” said Prof. Sam Buell. » Bloomberg -
Schwarcz gives keynote speech at European Central Bank conference
Prof. Steven Schwarcz was the keynote speaker at a conference examining regulation of financial services in the European Union. » Read Schwarcz's speech -
Purdy shares observations from Occupy Wall Street
Prof. Jed Purdy writes about an OWS debate that "would have made good sense – with a little idiomatic translation – to the propertied men who drafted the United States Constitution in Philadelphia in 1787." » fieldwork -
Coleman comments on poll showing ebbing support for death penalty
Increased public awareness of the process and mistakes involved in some death penalty cases may account for changing attitudes, says Prof. James Coleman. » Winston-Salem Journal -
Haagen discusses advising student athletes who go pro
Prof. Paul Haagen heads the university's student athlete advisory panel. » Associated Press -
Duke faculty comment on new financial regulation
Profs. Ted Kaufman, Kimberly Krawiec, and Lawrence Baxter discuss the Volcker rule. » Huffington Post -
Krawiec talks about public input in Volcker rule implementation
Prof. Kimberly Krawiec says meeting logs show financial firms "won hands down" in the race to get face time with regulators writing new financial regulations. » Wall Street Journal -
Dunlap discusses drone use in warfare
Prof. Charles Dunlap discusses the political, moral, and strategic implications of drone strikes. » PBS NewsHour -
US Patent and Trademark Office Director to discuss patent policy at Duke Law Oct. 18
USPTO Director David Kappos will talk about recent reforms in patent policy, and the IP landscape going forward. -
Levy looks at the cost of judging judges by the numbers
Lecturing Fellow Marin Levy co-authored a journal article critiquing empirical methods of measuring judges' performance. » Empirical Legal Studies -
Schwarcz article cited for calling attention to overlooked problem
Prof. Steven Schwarcz's new paper examines special-purpose entities, used by states and municipalities to borrow money. » The Volokh Conspiracy -
Duke Law and BYU Law pilot joint course via videoconferencing
Senior Lecturing Fellow Allison Rice co-taught class on legal interviewing and counseling during the spring 2011 semester. » National Law Journal -
Blocher cited in DC Circuit Second Amendment ruling
A divided opinion handed down in a major Second Amendment case repeatedly cites a journal article written by Prof. Joseph Blocher. » Heller v. District of Columbia -
Richman says regulators should stop AT&T/T-Mobile merger
Prof. Barak Richman and UNC Prof. Andrew Chin call for NC's attorney general to join effort to stop deal. » News & Observer -
Beale comments on Koch Industries investigation
Prof. Sara Beale says documents turned up in the investigation "should really should get the Justice Department’s attention." » Bloomberg -
Scholars examine the work of Stanley Hauerwas
At a Sept. 9 conference honoring the noted Duke theologian and public intellectual, legal and religious scholars looked at his research and writing in relation to the law. -
DeMott's amica brief is a Supreme Court rarity
Prof. Deborah DeMott filed an amica brief in a Supreme Court case set for argument Oct. 4. » National Law Journal -
Al-Awlaki appears to have been "more than just a propagandist" says Silliman
Prof. Scott Silliman says Anwar al-Awlaki's links to terrorist activities "put him in the category of a legitimate target." » LA Times -
Dunlap addresses legality of al-Awlaki killing
Prof. Charles Dunlap commented on legal issues surrounding the killing of Anwar al-Awlaki, US citizen and outspoken member of al Qaeda's leadership, in USA Today, The Wall Street Journal, and Wired. -
Kaufman discusses effect of 'Volcker rule' on trader pay under Dodd-Frank
Visiting Prof. Ted Kaufman doubts internal compliance programs will work to monitor trader pay. » Bloomberg -
Cox comments on financial crisis criminal cases
Prof. James Cox says there is a perception that federal prosecutions of finance execs were slowed by fear of alienating funding sources for the presidential election, but that the lack of prosecutions could also reflect the enormity of the task. » New York Times -
Charles: History will judge the peril or promise of transracial universalism
Prof. Guy Charles writes that while the U.S. may be moving past race-conscious policies, “the ultimate question will be whether both law and politics can enlist all American citizens in the fight to reduce racial inequality.” » New York Times -
Siegel comments on healthcare act court rulings
Prof. Neil Siegel said some courts have ignored the material consequences of the exaction for noncompliance with the minimum coverage provision. » Tax Notes -
Siegel addresses healthcare act's minimum coverage provision in new paper
Prof. Neil Siegel summarizes his new paper, Four Constitutional Limits that the Minimum Coverage Provision Respects. » Balkinization -
Coleman talks about Troy Davis death penalty case
Prof. James Coleman said politicians who may be against the death penalty rarely speak up. "The only time mainstream politicians get involved with death cases is when they carry out executions," Coleman said. » Reuters -
Fleishman, co-author, explore smart giving
Prof. Joel Fleishman joins his co-author for an interview with Judy Woodruff about a new book aimed at making charitable giving more effective. » PBS NewsHour -
Siegel paper recommended by legal blog
Prof. Neil Siegel's new paper, Four Constitutional Limits that the Minimum Coverage Provision Respects earns "highly recommended" status at Legal Theory Blog. » Legal Theory Blog -
Duke Human Rights Center broadens purview
Prof. Laurence Helfer serves as co-director of expanding center, which will examine human rights issues through the framework of law, social science and public policy together with the humanities and ethics. » Duke Today -
Haagen criticizes NCAA football system
"If the players have no voice, then you’re currently running on an enlightened despotism model," says Prof. Paul Haagen "We haven't liked that since the 18th century." » The Post Game -
Tigar plays defense role in "mock trial of the century"
Prof. Michael Tigar takes part in recreation of century-old Darrow trial. » Mercury News -
Krawiec hosts online forum on "Reforming Financial Reform"
Prof. Kim Krawiec hosted an online forum examining recent attempts at financial reform on Sept. 12-13. » The Faculty Lounge -
Rai discusses Microsoft patent infringement case
Prof. Arti Rai talks about the Supreme Court's decision in Microsoft Corp. v. i4i Ltd. » InsideCounsel -
Cox comments on time limit in SEC's investigation into former Fannie Mae chief
"Nobody wants to be the one who closes the file on the next Bernie Madoff,” says Prof. James Cox. » Bloomberg -
Dudziak reflects on what 9/11 really changed
Visiting Prof. Mary Dudziak warns against "a murkiness about causality." » Balkinization -
Richman co-authors amicus brief in case pending before Supreme Court
Prof. Barak Richman and other antitrust experts caution against expanding "ministerial exception" in Americans with Disabilities Act. » BishopMadison blog -
Linnartz: Immigration reform is key to job creation
Jobs flow from immigrant entrepreneurship and innovation writes Senior Lecturing Fellow Hans Linnartz. » News and Observer -
Siegel argues for constitutionality of ACA's "individual mandate"
Prof. Neil Siegel argues that the individual mandate is within the scope of the commerce power because it addresses an economic problem of collective action among the states. » SCOTUSblog -
Carrington played key role in Italian conference on anti-corruption policy
Prof. Paul Carrington co-organized the conference, “Anti-Corruption Policy: Can International Actors Play a Constructive Role?” » YLS -
Clotfelter says fans forgive college sports transgressions
Prof. Charles Clotfelter, who recently authored Big-Time Sports in American Universities, says ethical questions about college sports have been asked since the 1920s, and have had little impact on fan support. » Associated Press -
Vidmar files amicus brief in Florida Supreme Court
Prof. Neil Vidmar penned an amicus brief in a Florida Supreme Court case involving the impact of medical malpractice caps on the supply of physicians. » Florida Supreme Court -
Siegel participates in online debate on the Constitution and federal power
Prof. Neil Siegel and Prof. Kurt Lash from the University of Illinois College of Law took part in a week-long online exchange about collective action federalism. » The Volokh Conspiracy -
Levy article compares appellate court case management
Lecturing Fellow Marin Levy finds that differing case management practices affect appeal outcomes in a new article forthcoming in the Duke Law Journal. » Legal Theory Blog -
DeMott's amica brief is a Supreme Court rarity
Prof. Deborah DeMott, working with Prof. Walter Dellinger, filed the seventh amica brief in Supreme Court history, asserting that the law of agency has important implications in a capital case. » National Law Journal -
Baxter blogs about teaching banking regulation after Dodd-Frank
Prof. Lawrence Baxter discusses teaching "now that the field has become so dynamic when compared to how it was twenty years ago." » The Conglomerate -
Cox joins securities law experts petitioning for political spending transparency
Prof. James Cox is among the experts pushing for regulations requiring companies to disclose political spending to shareholders. » Thomson Reuters -
Rai discusses the effects of patent reform
Prof. Arti Rai talks about the specific provisions of recent patent reform and what they will mean for the biopharmaceutical industry in this podcast. (Interview begins at 16:44.) » Nature Medicine -
Krawiec examines Dodd-Frank regulator meetings
Prof. Kim Krawiec delves into contact logs disclosed by federal financial oversight agencies. » The Conglomerate -
Duke scholars co-author article examining changing attitudes towards online-only law journals
A new study by Prof. Richard Danner, Sr. Lecturing Fellow Marguerite Most, and Hendrix College Prof. Kiril Kolev, surveys law journal authors about the merits of print. » Brian Leiter's Law School Reports -
Second trial for accused murderer may benefit prosecution, according to Newman '88
Prof. Theresa Newman '88 says Jason Young's retrial enables the prosecution "to tighten up their evidence." » News & Observer -
Kaufman calls Dodd-Frank victim of "a one-sided massacre"
Prof. Ted Kaufman says the financial reform bill has spent its first year under constant attack. » Huffington Post -
Cox says News Corp. could have U.S. legal problems stemming from phone hack scandal
SEC investigators could examine past statements by News Corp. execs regarding legal compliance, according to Prof. James Cox. » WNYC -
Griffin to testify before House subcommittee
Prof. Lisa Griffin will testify July 26 before the House Judiciary Committee's Subcommittee on Crime, Terrorism and Homeland Security regarding pending legislation on public corruption. » House Judiciary Committee -
Richman comments on antitrust concerns raised by new health care law
"Market power in the health care sector is actually even more dangerous than market power elsewhere," says Prof. Barak Richman. » Minnesota Public Radio -
Siegel comments on Supreme Court's latest term
Prof. Neil Siegel says this term's possible shift in the court's pre-emption analysis is important because "pre-emption cases are the way federalism is worked out day to day." » National Law Journal -
Haagen says NBA lockout could be lengthy
Prof. Paul Haagen says it's "a distinct possibility" that the pro basketball lockout could last into November or December. » Bloomberg -
Dunlap comments on ongoing Libya strikes
News that U.S. forces have flown hundreds of strike sorties raises "questions about the scope and intensity of our participation versus how it's been represented," says Prof. Charles Dunlap. » Defense News -
Clotfelter discusses new book on college sports
Prof. Charles Clotfelter talks about his new book, Big-Time Sports in American Universities, and "the unshakable hold that big-time sports continues to have over the universities that engage in it." » Rorotoko -
Cox testifies before Senate on Supreme Court rulings and corporate behavior
Prof. James Cox told the Senate Judiciary Committee that the court's ruling in Janus Capital Group v. First Derivative Traders follows a pattern of recent rulings that "give the fraudster a pass." » C-SPAN -
Bowling '80 talks lawyers and happiness
Sr. Lecturing Fellow Dan Bowling discusses positive psychology and the legal profession. » Gen Y J.D. -
Fleishman discusses new book about smart philanthropy
Prof. Joel Fleishman talks about his new book, “Give Smart: Philanthropy That Gets Results." » The Jewish Week -
Rai comments on America Invents Act
Prof. Arti Rai calls House passage of the America Invents Act "an important step forward in making our patent system a more effective engine for innovation." » Duke Today -
Dellinger participates in Slate's Supreme Court "Year in Review"
Prof. Walter Dellinger discusses the legal issues surrounding the War Powers Act and military action in Libya, along with notable decisions from the Supreme Court. » Slate -
Remotely piloted aircraft pilots are legal targets for opposing militaries
Prof. Charles Dunlap says RPA pilots in uniform, even when they are off duty, are still considered legitimate military targets. » Air Force Times -
Schwarcz comments on 1974 German bank failure, an early example of systemic risk
Herstatt Bank "was for many years regarded as the major example of failure where counterparties were hurt," says Prof. Steven Schwarcz. (Registration required.) » American Banker -
Margaret Lemos joins faculty July 1
Constitutional law scholar also lauded as exceptional teacher and mentor. -
Siegel to participate in Supreme Court review
Prof. Neil Siegel will take part in a panel discussion reviewing the Supreme Court's latest decisions, during the annual conference of the U.S. Court of Appeals for the Fourth Circuit. » C-SPAN -
Silliman discusses Libya air strikes
Prof. Scott Silliman comments on the legal issues implicated by NATO air strikes in Tripoli. » China Radio International -
Supreme Court bolsters juvenile rights, siding with client co-represented by Demeritt '04
Lecturing fellow S. Hannah Demeritt was co-counsel on case involving Miranda rights of Chapel Hill juvenile. » New York Times -
Siegel article on collective action federalism lauded
Legal scholarship blog calls journal article co-authored by Prof. Neil Siegel, "probably the most important academic article on constitutional federalism in several years." » Jotwell -
Silliman comments on claims that military action in Libya is illegal
Political solution will likely come before legal intervention, says Prof. Scott Silliman. » Australian Broadcasting Corporation -
Coleman breaks bread, talks politics with "birther"
Prof. James Coleman discusses the roots and motivations of the "birther" movement, finds some common ground with ostensible ideological opposite. » News & Observer -
Baxter says delays in implementing Dodd-Frank financial regs could be costly
Prof. Lawrence Baxter says "instability is lurking" while reform bill languishes. » Marketplace -
Helfer study assesses international court's influence on national policy
Prof. Larry Helfer co-authored a study finding that judgments in the European Court of Human Rights can speed changes in national policy. » The Guardian -
Benjamin to speak on spectrum demand
Prof. Stuart Benjamin will talk about incentive auctions and secondary markets for spectrum during a presentation in Washington, DC. » McDonough School of Business -
Knight comments on new Center for Judicial Studies
Prof. Jack Knight, co-director of the center, says "we have some good ideas about how to marry scholarly research and the judiciary." » National Law Journal -
Baxter comments on federal banking regulations
Prof. Lawrence Baxter says "the complexity of the regulations is becoming counterproductive." » Bank Investment Consultant -
Boyle cautions against giving tattoo artist copyright protection
On "The Hangover: 2" facial tattoo flap, Prof. James Boyle says allowing copyright claim on human body would set dangerous precedent. » On The Media -
Buell comments on incoming White House counsel
Kathryn Ruemmler is "a very savvy legal strategist," says Prof. Sam Buell. » Law.com -
Cox comments on SEC's Lehman investigation
It would be disappointing if the SEC didn't bring charges against Lehman Brothers, says Prof. James Cox. » Bloomberg -
Private Bodies, Public Texts: Race, Gender and a Cultural Bioethics
Prof. Karla Holloway discusses her new book on the ways in which law and medicine overlook personal privacy rights. » The State of Things -
Dunlap comments on Pentagon's new cyber strategy
Cyber attacks leading to violence are the legal equivalent of armed attacks, says Prof. Charles Dunlap. » Wall Street Journal -
Richman files brief in Eight Circuit on behalf of NFL coaches
NFL player lockout affects coaches' ability to earn livings, argues brief written by Prof. Barak Richman. » Sporting News -
Siegel says individual mandate in ACA falls within scope of commerce power
Problem of "free-riders" without health insurance is not confined to states, says Prof. Neil Siegel. » Balkinization -
Bradley says constraints on presidential war powers are primarily political, not legal
The law of war powers rarely influences the behavior of governmental actors, writes Prof. Curtis Bradley. » Lawfare -
Haagen praised for advising athletes turning pro
"He's been a guide for all of us," says Coach Mike Krzyzewski of Prof. Paul Haagen. » WRAL -
Boyle comments on the attempt to modernise the UK's intellectual property system
Prof. James Boyle examines the government-mandated review of Britain’s intellectual property laws and their effect on economic growth. » The Public Domain -
Levi joins other NC law school deans to oppose state cuts in indigent defense funds
Dean David F. Levi signs on to a statement opposing a proposed cut of $11 million to the state's Indigent Defense Program. » WRAL -
Siegel says problem of uninsured "free-riders" not confined to states
Prof. Neil Siegel challenges Mitt Romney's critique of individual mandate in Affordable Care Act. » New York Times Letters -
Rai comments on IP issues in synthetic biology
Synthetic bio needs to evolve before a patent-based approach makes sense, says Prof. Arti Rai. » GEN -
Krawiec looks at Richman's paper on "Rabbinical Cartels"
Prof. Kim Krawiec writes about recent scholarship from Prof. Barak Richman, whose latest paper is titled Saving the First Amendment from Itself: Relief from the Sherman Act Against the Rabbinic Cartels. » The Faculty Lounge -
Duke Law faculty pay tribute to colleague, coauthor
Profs James Boyle and Kim Krawiec, and Senior Lecturing Fellow Jennifer Jenkins worked with Keith Aoki, who leaves behind a unique legal legacy. » Chronicle of Higher Education -
Budget constraints will force military to make tough choices, says Dunlap
Training, based on critical thinking, should focus on methodologies and systems, says Prof. Charles Dunlap. » USNI -
Buell comments on Rajaratnam case
Prof. Samuel Buell says securities fraud case was "not terribly complex." » WSJ Law Blog -
Silliman says use of force law might not apply to al Qaeda splinter groups
Post-9/11 law would need to be changed to authorize administration to deal with non-al Qaeda terror threats, says Prof. Scott Silliman. » Politico -
Linnartz comments on immigration process
Prof. Hans Linnartz comments on the difficulties faced by a Mexican immigrant whose work permit was rescinded without explanation. » Carolina Week -
Ninth Circuit ruling in Second Amendment case quotes Blocher article
A Ninth Circuit decision in a case about the right of local governments to ban gun shows quotes an article by Prof. Joseph Blocher. » Nordyke v. King -
The Duke Project on Custom and Law
Faculty launch “conversation” on the relationship between customary practices and the law. -
Silliman says bin Laden raid was legal
Decades-old international laws authorize the raid, says Prof. Scott Silliman. » Wall Street Journal -
Richman critiques rabbinical hiring practices
Prof. Barak Richman says rules about hiring clergy create an illegal monopoly. » Tablet -
Krawiec co-authors study finding that diversity is a complicated issue for corporate boards
Article co-authored by Prof. Kimberly Krawiec finds that corporate board members "simultaneously extol difference and express embarrassment with it." » Huffington Post -
Silliman comments on revised account of bin Laden shooting
Navy Seals operating in darkness may not have been able to tell whether bin Laden was armed, says Prof. Scott Silliman. » New York Times -
Cox comments on shareholder nominations
The legal battle over the SEC's plan will likely end in the Supreme Court, says Prof. James Cox. » Reuters -
Bin Laden's death a setback, but Al-Qaeda "won't unravel" says Dunlap
Prof. Charles Dunlap says the group has a decentralized organizational structure, which softens the impact of terrorist leader's death. » The Herald-Sun -
Christie writes about the conflict between freedom of speech and other rights and values
Essay outlines themes in Prof. George Christie's new book, Philosopher Kings? The Adjudication of Conflicting Human Rights and Social Values. » ACSblog -
Dunlap comments on likely chairman of Joint Chiefs of Staff
Prof. Charles Dunlap says "the ability to demonstrate moral courage inside the Beltway" is a more important job qualification than battlefield experience. » The National Journal -
Gulati comments on possibility of radical Greek debt restructuring
A "haircut" is unlikely as it would cause huge losses for official sector, says Prof. Mitu Gulati. » Forexyard -
Students give Griffin Distinguished Teaching Award
Prof. Lisa Griffin wins teaching award during annual DONE ceremony. -
Coleman responds to calls for limits on habeas review
Prof. James Coleman cautions against insulating state convictions from federal review. » New York Times -
Bradley reflects on moral considerations of war
Technology "makes it easy to wage war without thinking about death," writes Prof. Curtis Bradley. » Lawfare -
Silliman comments on decision in Blackwater case
Prof. Scott Silliman says appellate court ruling revives Iraqi contractor case. » All Things Considered -
Buell discusses white collar crime prosecution during Office Hours webcast
Prof. Samuel Buell, a former federal prosecutor whose scholarship focuses on criminal law and the regulatory state, talked about white collar crime during an Office Hours webcast on Friday, April 22. » Duke University Office Hours -
Schmalbeck explains how GE and other multinationals can avoid federal taxes
Corporate taxes are on a long-term decline as percentage of federal revenue, says Prof. Richard Schmalbeck. » Marketplace -
Krawiec discusses new Law School project on custom and law
Prof. Kim Krawiec blogs about plan to initiate year-long discussion on the diverse interactions of custom and law. » Faculty Lounge -
Bowling says resilience is vital for lawyers
Sr. Lecturing Fellow Dan Bowling advises law firms to incorporate resilience training. » LawJobs.com -
Bradley examines historical practice as a factor in the war powers debate
In connection with Duke Law's ongoing project examining custom and law, Prof. Curtis Bradley looks at the history of constitutional distribution of war powers. » Lawfare -
Siegel comments on multitude of state anti-abortion bills
Key question is makeup of Supreme Court when it hears inevitable abortion challenge, says Prof. Neil Siegel. » CNN -
Higginbotham lectures about African American historical perspective on equal rights battle
Prof. Evelyn Brooks Higginbotham, the inaugural John Hope Franklin Professor of American Legal History at Duke Law School, delivered the Robert R. Wilson Lecture at Duke Law School on Monday, April 11. View webcast. » The Chronicle -
Higginbotham lectures about African American historical perspective on equal rights battle
Prof. Evelyn Brooks Higginbotham, the inaugural John Hope Franklin Professor of American Legal History at Duke Law School, spoke April 11. View webcast. -
Coleman explains "why we won't give up" efforts on behalf of incarcerated Kalvin Smith
"As long as we believe they may be innocent, we will never give up the pursuit of justice," writes Prof. James Coleman of wrongful-convictions work. » Winston-Salem Journal -
Baxter says mortgage brokers should stop fighting new broker pay rules
"With high compensation, comes high responsibility" says Prof. Lawrence Baxter. Subscription required. » American Banker -
Haagen comments on NCAA pay-for-play debate
Prof. Paul Haagen, co-director of Duke's Center for Sports Law and Policy, says deciding how to better compensate college athletes is challenging. "Unless you're paying something like a market rate, all of the pressures are still there." » USA Today -
Schmalbeck comments on corporate tax break for foreign earnings
"I think the tax holiday is absolutely the wrong thing to do because there's no convincing evidence that it would create American jobs," says Prof. Richard Schmalbeck. » News & Observer -
Buell says criminal charges against bankers who helped cause financial crisis are unlikely
Prof. Sam Buell says the complexity inherent in massive financial fraud complicates bringing criminal charges. Subscription only. » American Banker -
Demeritt comments on Miranda rights of child suspects
Lecturing Fellow S. Hannah Demeritt '04 is co-counsel in J.D.B. v. North Carolina, argued March 23 in the U.S. Supreme Court. » WRAL -
Clotfelter compares universities with major sports programs to those without sports
Prof. Charles Clotfelter, author of Big-Time Sports in American Universities, says one negative aspect of college sports "is the kind of collective insincerity when [universities] pretend that commercial sports is not important to them." » Chronicle of Higher Education -
Wiener to speak on new book comparing risk regulation in U.S. and Europe
Prof. Jonathan Wiener and his co-authors will talk about The Reality of Precaution at a Washington, DC event today. The book offers a new view of precaution, regulatory reform, comparative policy analysis, and transatlantic relations. » Resources for the Future -
Schwarcz paper assesses attempts to regulate systemic risk
Legal blog recommends Prof. Steven Schwarcz's analysis of Dodd-Frank. » The Volokh Conspiracy -
Richman dubious of accountable care organizations' prospects for success
Rules must reward health care providers when they meet goals, and penalize them when they don't, says Prof. Barak Richman. » Marketplace -
Rai lauds Senate's 95-5 vote for America Invents Act
Prof. Arti Rai calls on House of Reps and President Obama to push through patent reform legislation crucial to supporting innovation. » Science Progress -
Clotfelter says a close look at March Madness reveals compromised academic values
Prof. Charles Clotfelter calls the NCAA tournament "a spectacular illustration of why commercialized sports, with all its problems, has an unshakeable hold on American higher education." » News & Observer -
Boyle contemplates the future of constitutional personhood
Prof. James Boyle examines how constitutional law should meet the challenges posed by artificially created entities. » Brookings Institution -
Cox comments on potential conflict in SEC's Madoff investigation
Prof. James Cox says the SEC's chairman "had a duty to share" her knowledge of staff member's Madoff link. » New York Times -
Vidmar calls U.S. jury selection process one of "de-selection"
Prof. Neil Vidmar comments on lengthy voir dire process in local murder trial. (Clip starts at 21:09.) » CBC News -
Tweeting high schoolers may jeopardize their right to athletic participation
Prof. Paul Haagen says high school athletes should take care when using Twitter, because playing for your school "is a privilege, not a right. By participating, your First Amendment rights may be limited." » News & Observer -
Boyle comments on firm's suit against AP over bombing suspect video
Prof. James Boyle says "fair use doctrine" of copyright law might allow use of private company's video by media in this instance. » Reuters -
Benjamin comments on Supreme Court's ruling in Snyder v. Phelps
It was not a surprise that the Court upheld church members' right to picket military funerals, said Prof. Stuart Benjamin. » Kansas City Star -
Silliman comments on alleged indiscretion by Marines
For actions that fall short of criminal code violations, administrative action is possible, says Prof. Scott Silliman. » WTVD -
Boyle responds to oped on Shakespeare in the Internet age
Prof. James Boyle refutes argument equating copyright reform with intellectual piracy. » The Public Domain -
Horowitz offers suggestions for nascent democracies
Indonesia benefited from having elected officials draft constitution, says Prof. Donald Horowitz. » NPR Weekend Edition -
Dellinger spars with state AG over health care repeal at Hill hearing
Prof. Walter Dellinger testified before the House Judiciary Committee Feb. 16, arguing that the Virginia AG's case for repealing health care is flawed. » WTOP.com -
Michaels comments on $9 billion verdict against Chevron
Prof. Ralf Michaels says U.S. court could overturn Ecuadorian oil pollution judgment, if Chevron can show "proof of bribery or procedural fraud.” » Forbes.com -
Horowitz discusses Egypt's post-Mubarak transition
Prof. Donald Horowitz, author of a forthcoming book on the making of Indonesia’s constitutional democracy, discussed Egypt's changing government on a Washington, D.C., news station. » WTOP.com -
Dunlap looks at Eisenhower's farewell speech
Prof. Charles Dunlap analyzes the outgoing president's speech on its 50th anniversary. » Southern California Public Radio -
Schwarcz paper lauded in finance blog
Paper by Prof. Steven Schwarcz shows "how improvements to financial reporting could be the most significant reform we undertake in response to the third financial crisis in 20 years." » The Accounting Onion -
Richman assesses new federal rule on healthcare organizations
Prof. Barak Richman talks about the definition of "accountable care organizations." » FierceHealthcare -
Boyle and Jenkins warn against copyright protection for fashion design
Law aimed at curbing knock offs will have unintended consequences, say Professors James Boyle and Jennifer Jenkins. » Marketplace -
Dellinger testifies on health care law
Prof. Walter Dellinger addresses the Senate Judiciary Committee regarding the constitutionality of the individual mandate. » TIME Magazine -
Richman comments on ruling that health law is unconstitutional
Prof. Barak Richman addresses the cost-effectiveness of mandating health insurance. » Marketplace -
Journal article by Bradley, Gulati sparks international law debate
Law profs write about opting out of customary international law. » WSJ Ideas Market blog -
Rai participates in government roundtable on technology standardization
Prof. Arti Rai is among the leading thinkers from industry and academia to participate in the discussion. -
Newman talks wrongful convictions with exoneree, Durham congregation
Prof. Theresa Newman joins exoneree Darryl Hunt to discuss innocence work and the reasons why innocent people go to jail. » The Herald-Sun -
Holloway discusses MLK, activism
Prof. Karla Holloway takes part in a panel discussion commemorating Martin Luther King, Jr. » The State of Things -
Dunlap assesses Eisenhower's famous farewell
Prof. Charles Dunlap, speaking on a CATO Institute panel, says warning about military-industrial complex "has so much relevance to society today." » C-SPAN -
Clotfelter calls for ending tax deduction for college sports contributions
Major college sports programs don't warrant taxpayer subsidy, says Prof. Charles Clotfelter. » Washington Post
