JULY 2, 2008
PROF. SETO ON WHY OIL COMPANIES DON'T DRILL
Professor Ted Seto writes in his most recent blog posting, "If tax incentives were going to induce U.S. oil companies to drill, they probably would have done so by now. Interestingly, Sen. McCain and Sen. Obama both propose to eliminate oil production tax incentives. After all, if oil companies are not responding by increasing production, those breaks are just gifts from you and me to Exxon. Perhaps there is another question we should be asking: Are the oil companies right?" Read the complete entry at Understanding Tax.
June 25, 2008
SUPREME COURT DECIDES ELECTION LAW CASE
Professor Rick Hasen is available for commentary on the Supreme Court's decision in FEC v. Davis, which lays "the groundwork for striking down limits on spending by corporations and unions," he writes on his Election Law Blog.
SUPREME COURT DECIDES 2ND AMENDMENT CASE
Professor Allan Ides, the James P. Bradley Professor of Constitutional Law, writes: "The five-person court majority, in an opinion by Justice Scalia, relied on the text of the Second Amendment and on historical materials to conclude that the amendment protected an individual's right to possess a handgun for purposes of self defense and hunting. The majority wrote narrowly to make it clear that the right was not absolute and was subject to reasonable regulations, including those pertaining to the commercial sale of such weapons. The four-person dissent also relied on the text of the amendment and on historical materials to conclude that no individual right was established by Second Amendment; rather, according to the dissent, the amendment reflected a principle of federalism designed to prevent the disarming of the states. Both opinions presented plausible arguments; neither is inherently correct or incorrect. One lesson to learn from this case, aside from the court's specific holding, is that text and history are both subject to interpretation and that neither provide a magic answer as to the content of constitutional law. Instead, policy and subjective judgment must play a role in resolving the ultimate question of interpretation." Professor Laurie Levenson is also available for commentary.
June 24, 2008
ASSOC. DEAN SUCCEEDS IN EFFORT TO REDUCE LAW STUDENT DEBT
Professor Ellen Aprill is available to comment on her successful two-year campaign to persuade the IRS to clarify that law students may receive loan forgiveness on a tax-free basis.
June 19, 2008
OBAMA OPTS OUT OF PUBLIC FINANCING
Professor Rick Hasen is available for commentary on Sen. Barack Obama's decision to opt out of public campaign financing. Read his Election Law Blog for more on his opinion.
SUPREME COURT MAKES IT EASIER TO SUE FOR AGE DISCRIMINATION
Associate Professor Michael Waterstone, who teaches Employment Law, is available for the Supreme Court's 7-1 decision placing the burden on employers to prove that a dismissal is related to facts other than age.
June 18, 2008
PROFESSOR LAUNCHES TAX BLOG
Professor Ted Seto recently started Understanding Tax, a blog devoted to deciphering tax policy. In his most recent posting, Bonus Depreciation is Not Necessarily a Good Idea, he explains why certain elements of the Economic Stimulus Act may actually have a cooling effect on the economy.
June 17, 2008
HADITHA CHARGES DISMISSED
Associate Professor David Glazier is available for commentary on a military judge's decision to dismiss charges against a US Marine accused of failing to properly investigate the death of a group of civilians in Haditha, Iraq.
June 13, 2008
SUPREME COURT RULES GITMO DETAINEES HAVE RIGHT TO HABEAS CORPUS
Associate Professor David Glazier is available for commentary on the Supreme Court's ruling that Guantanamo Bay detainees have the right to a hearing before a federal judge. Read his blog on the story.
JUDGE CALLS MISTRIAL IN OBSCENITY TRIAL OVER OWN ACTIONS
Professor Laurie Levenson is available for commentary on the mistrial called in an LA obscenity case because of obscene images allegedly found on the Web site of Alex Kozinski, chief judge of the Ninth Circuit Court of Appeals.
June 5, 2008
GUANTANAMO DETAINEES ARRAIGNED
Associate Professor David Glazier is available for commentary on today's arraignment of 9/11 terror suspects before a Guantanamo military tribunal.
June 3, 2008
ELECTION ISSUES
Professor Rick Hasen is available for commentary on election issues arising from the final two primaries in Montana and South Dakota and judicial elections in Los Angeles.
May 29, 2008
LA JAILS SUED FOR TREATMENT OF DISABLED
Associate Professor Michael Waterstone is available for commentary on a lawsuit filed by the ACLU and the Disability Rights Legal Center (on Loyola Law School's campus) against LA County alleging mistreatment of disabled prisoners.
May 27, 2008
BARBIE V. BRATZ IP LAWSUIT
Professor John McDermott is available for commentary on the intellectual property issues surrounding a lawsuit filed by Mattel against the company that produces the competing Bratz dolls. The trial starts today.
May 20, 2008
COURT SAYS US CURRENCY DISCRIMINATES AGAINST BLIND
Associate Professor Michael Waterstone is available for commentary on the a federal appeals court's opinion that the US discriminates against blind people by printing paper money whose value cannot be determined by touch. Waterstone teaches Disability Rights Law.
May 19, 2008
TAX DEDUCTIONS FOR SEX REASSIGNMENT SURGERY
Professor Katie Pratt is available for commentary on the tax implications of sex reassignment surgery debated in O'Donnabhain v. Commissioner of IRS before the US Tax Court. For a sense of her opinion of similar health-related deductions, read her law review article, Inconceivable? Deducting the Costs of Fertility Treatment.
May 15, 2008
CA SUPREME COURT DECIDES ON GAY MARRIAGE
Associate Professor Jennifer Rothman is available for commentary on the California Supreme Court's decision on whether to legalize gay marriage in the state.
May 14, 2008
LA IMMIGRANT SMUGGLING OPERATION BUSTED
Associate Professor Kathleen Kim, who teaches the Immigrants' Rights Seminar, is available for commentary on the LA raid that netted more than 60 illegal immigrants from Central America.
May 13, 2008
WV PRIMARY
Professor Rick Hasen is available for commentary on election law issues stemming from Tuesday's West Virginia primary.
BARBIE V. BRATZ IP LAWSUIT
Professor John McDermott is available for commentary on the intellectual property issues surrounding a lawsuit filed by Mattel against doll maker Bratz.
May 7, 2008
IN & NC PRIMARIES
Professor Rick Hasen is available for commentary on election law issues stemming from Tuesday's primaries in Indiana and North Carolina.
April 28, 2008
SUPREME COURT UPHOLDS VOTER ID LAW
Professor Rick Hasen is available for commentary on the highly anticipated decision in Crawford v. Marion County Election Board, which upheld an Indiana voter ID law.
April 21, 2008
PENNSYLVANIA PRIMARY
Professor Rick Hasen is available for commentary on any election law issues that arise.
TEXAS POLYGAMY CASE & CHILD CUSTODY
Professor Charlotte Goldberg, who teaches Family Law, is available for commentary on the possible custodial fate of the 300-plus children currently in custody after the raid on the West Texas polygamist compound.
April 16, 2008
SUPREME COURT UPHOLDS KY LETHAL INJECTIONS
The Supreme Court ruled that Kentucky's method of lethal injection is legal. Professors Laurie Levenson and Sam Pillsbury are available for commentary.
April 8, 2008
S.F. WHEELCHAIR ACCESSIBILITY FIGHT
A San Francisco supervisor is embroiled in a fight with the city council over the installation of a ramp to help her access her seat. Associate Professor Michael Waterstone, who teaches Disability Rights Law is available for commentary.
March 24, 2008
CONSTITUTIONALITY OF HEALTH CARE PROPOSALS
Professor Karl Manheim, who teaches Constitutional Law, penned the LA Times op-ed, "Not so fast on the health insurance mandates: Are they constitutional? Clinton and Obama need to ask the question." He is available for commentary.
March 18, 2008
SUPREME COURT HEARS DC GUN CASE
Professor Laurie Levenson, who wrote an amicus brief for the District of Columbia in District of Columbia v. Heller, is available for commentary on the case.
SEATING OF FL, MI DELEGATES
Professor Rick Hasen, who writes the Election Law Blog, is available for commentary on the debate over how to seat Democratic presidential delegates from Florida and Michigan.
MLB TAKES RIGHT OF PUBLICITY CASE TO SUPREME COURT
Associate Professor Jennifer Rothman is available for commentary on Major League Baseball players' decision to appeal to the Supreme Court in a case involving the right of publicity of their names as used in fantasy baseball games.
March 11, 2008
McCAIN'S 'NATURAL-BORN' STATUS QUESTIONED
Professor Karl Manheim, who teaches Constitutional Law, is available for commentary on Sen. John McCain's birth in the Canal Zone of Panama might affect his presidential bid.
CHURCH SCRUTINIZED OVER OBAMA SPEECH
Professor Ellen Aprill is available for commentary on a church that hosted presidential candidate Sen. Barack Obama for a speech that calls into question its tax-exempt status.
March 4, 2008
'CRITICAL TUESDAY' PRIMARIES
Professor Rick Hasen, who writes the Election Law Blog, is available for commentary on election law issues that arise during the March 4 primaries.
March 3, 2008
CA SUPREME COURT TO HEAR SAME-SEX MARRIAGE CASE
Associate Professor Jennifer Rothman is available for commentary on the California Supreme Court's March 4 hearing of the constitutionality of a state law allowing only opposite-sex couples to marry.
Feb. 25, 2008
JUSTICES TAKE VEHICLE-SEARCH CASE
Professor Stan Goldman is an evidence expert and is able to comment on the Supreme Court's decision to hear a case involving a challenge to an Arizona vehicle search.
Feb. 18, 2008
BRITNEY SPEARS CONSERVATORSHIP
Professor Peter Tiersma teaches Trusts & Wills and is available for commentary on the ongoing legal battle over Britney Spears' conservatorship as the case makes its way to federal court.
Feb. 13, 2008
9/11 DETAINEE TRIALS IN GITMO
Associate Professor David Glazier's recent law review article, "A Self-Inflicted Wound: A Half-Dozen Years of Turmoil Over the Guantanamo Military Commissions," recognizes parallels between war commissions in Guantanamo and in Germany after World War II. He is available for commentary.
Feb. 11, 2008
WGA NEARS DEAL
Adjunct Professor Brian Walton, executive director of the Writers Guild of America during the 1988 strike, teaches Law and Practice with the Hollywood Guilds. He is available for commentary on the negotiations scheduled to continue Nov. 26 between the Writers Guild of America and producers. Contact Brian Costello for details.
Feb. 5, 2008
SUPER TUESDAY PRIMARIES
Several professors are available to comment on election-related issues:
-Election law: Professor Rick Hasen
-Justice Department: Professor Laurie Levenson
-Tax policy: Professor Ted Seto
-Immigration law: Associate Professor Kathleen Kim
-Voter accessibility: Associate Professor Michael Waterstone
Jan. 30, 2008
SUPER TUESDAY PRIMARIES
Professor Rick Hasen, who writes the Election Law Blog, is available for commentary on election law issues that arise during the Feb. 5 Super Tuesday primaries.
Jan. 14-16, 2008
SUPREME TO HEAR PATENT, CONTRACT DISPUTE CASES
Professor John McDermott, director of Loyola's IP Special Focus Series, is available to provide commentary on Presont v. Ferrer (Jan. 14) and Quanta Computer v. LG Electronigs (Jan. 16). Read his analyses of the cases.
Jan. 9, 2008
SUPREME COURT HEARS INDIANA VOTER ID CASE
Professor Rick Hasen provided analysis on his Election Law Blog.
Jan. 8, 2008
NEW HAMPSHIRE PRIMARY
Professor Rick Hasen, an election law expert who writes the Election Law Blog, is available to discuss the election issues surrounding the New Hampshire primary.
Jan. 3, 2008
IOWA PRESIDENTIAL CAUCUSES
Professor Rick Hasen, an election law expert, is available to discuss the election issues surrounding the Iowa caucuses. Read his op-ed on the state's battle over out-of-state college student participation on his Election Law Blog.
Dec. 13, 2007
GITMO JUDGE'S IDEOLOGY QUESTIONED
Associate Professor David Glazier, a former Navy officer who teaches Law of War, is available for commentary on the story he helped to break in The New York Times that questions the ideologies of the chief military commission judge at Guantanamo Bay. (more)
MITCHELL ISSUES MLB DRUG REPORT
Professor Dan Lazaroff, director of Loyola's Sports Law Institute, is available to comment on today's release of the findings of former Sen. George Mitchell's investigation into Major League Baseball steroid use.
Dec. 10, 2007
SUPREME COURT WIDENS DISCRETION IN SENTENCING
Professor Laurie Levenson is available to comment on the Supreme Court's decision allowing judges greater discretion in sentencing, providing room for interpretation of mandatory sentencing guidelines.
Dec. 7, 2007
BARRY BONDS INDICTMENT
Professor Stan Goldman is attending the San Francisco hearing and is available for commentary.
Dec. 6, 2007
SUBPRIME BAILOUT PLAN
President Bush unveiled a plan today to help 1.2 million borrowers by freezing mortgage rates.
Expert: Professor Lauren Willis, who teaches consumer law
Nov. 26-Dec. 5, 2007
SUPREME COURT SESSION
Tax law: Knight v. Commissioner of Internal Revenue (Tuesday, Nov. 27)
Question: Can trusts and estates make a full deduction for costs and fees related to investment management services?
Expert: Professor Ellen Aprill, founder of Loyola’s Tax LLM program
Plaintiff’s rights and product liability: Riegel v. Medtronic (Tuesday, Dec. 4)
Question: Is Medtronic protected from liability claims for a catheter the Federal Drug Administration deemed safe?
Expert: Professor John Nockleby, director, Loyola’s Civil Justice Program
Racial discrimination in jury selection and sentencing: Snyder v. Louisiana (Tuesday, Dec. 4)
Question: To what degree did racial discrimination affect the outcome of the case in which an African American man was found guilty of murder and sentenced to death by an all-white jury and the prosecutor made repeated references to O.J. Simpson?
Expert: Professor Laurie Levenson, former federal prosecutor
Guantanamo detainees and habeas corpus: Boumediene v. Bush and Al Odah v. United States (Wednesday, Dec. 5)
Question: Are Guantanamo detainees being unlawfully detained, and are they entitled to habeas corpus relief?
Expert: Associate Professor David Glazier, former Navy officer and author, "A Self-Inflicted Wound: A Half-Dozen Years of Turmoil Over the Guantanamo Military Commissions” (forthcoming in the Lewis & Clark Law Review).
Nov. 22-25, 2007
THANKSGIVING HOLIDAY
For legal commentary during the extended Thanksgiving holiday, please contact Brian Costello. Most Loyola professors are reachable at off-campus phone numbers or via email.
Nov. 19, 2007
WGA TALKS TO RESUME NOV. 28
Adjunct Professor Brian Walton, executive director of the Writers Guild of America during the 1988 strike, teaches Law and Practice with the Hollywood Guilds. He is available for commentary on the negotiations scheduled to continue Nov. 26 between the Writers Guild of America and producers. Contact Brian Costello for details.
O.J. SIMPSON TO BE ARRAIGNED NOV. 28
Professor Stan Goldman, a legal commentator during Simpson's murder and subsequent civil trials, is available for commentary on Simpson's Nov. 28 arraignment in Las Vegas.
Nov. 13, 2007
O.J. SIMPSON PRE-LIMINARY HEARING
Professor Stan Goldman, a legal commentator during Simpson's murder and subsequent civil trials, is available for commentary on the ongoing preliminary hearing in Las Vegas.
Nov. 6, 2007
WGA ON STRIKE
Adjunct Professor Brian Walton, executive director of the Writers Guild of America during the 1988 strike, teaches Law and Practice with the Hollywood Guilds. He is available for commentary. Contact Brian Costello for details.
OC SHERIFF INDICTED
Professor Laurie Levenson, a former federal prosecutor, is available for commentary on the story of OC Sheriff Mike Carona's indictment on corruption charges.
Nov. 2, 2007
WGA SET TO STRIKE
Adjunct Professor Brian Walton, executive director of the Writers Guild of America during the 1988 strike, teaches Law and Practice with the Hollywood Guilds. He is available for commentary. Contact Brian Costello for details.
Nov. 1, 2007
WGA TALKS COLLAPSE
Adjunct Professor Brian Walton, executive director of the Writers Guild of America during the 1988 strike, teaches Law and Practice with the Hollywood Guilds. He is available for commentary. Contact Brian Costello for details.
OFFICIALS SAY MALE YOUTH INVOLVED IN WILDFIRES
Officials are blaming a boy playing with matches for starting a wildfire that consumed more than 38,000 acres and 21 homes. Professor Cyn Yamashiro, director of the Center for Juvenile Law & Policy, is available for commentary on the legal process the boy may face.
Oct. 30, 2007
ELECTION '08: COLBERT'S CANDIDACY
Professor Rick Hasen, an election law expert who writes the Election Law Blog, is available to discuss the election law implications of TV personality Stephen Colbert's involvement in the South Carolina presidential primary.
Oct. 29, 2007
CALIFORNIA WILDFIRES
Arsonists: Professors Laurie Levenson handled arson-for-hire cases while working in the US Attorney's Office. Professor Cyn Yamashiro defended adults and youths charged with arson. Both are available for commentary.
Tax policy: Professor Ellen Aprill, author of "Post-Disaster Tax Legislation: A Series of Unfortunate Events," is available for commentary on post-fire tax leniency for those affected by wildfires.
Liability claims: Professor Dan Schechter, who teaches Property, is available for commentary on liability for property damaged by fire. He says: "Ordinary people are not going to be liable to the lender. They'll lose their house in foreclosure and proceeds will go to the lender. However, the surprising story is that high net worth borrowers may be liable to the lender if they refinanced the house. If you've refinanced, you don't have purchase money protection and you could conceivably personally liable for rest of the bank note."
Oct. 25, 2007
CALIFORNIA WILDFIRES
Arsonists: Professors Laurie Levenson handled arson-for-hire cases while working in the US Attorney's Office. Professor Cyn Yamashiro defended adults and youths charged with arson. Both are available for commentary.
Tax policy: Professor Ellen Aprill, author of "Post-Disaster Tax Legislation: A Series of Unfortunate Events," is available for commentary on post-fire tax leniency for those affected by wildfires.
Oct. 23, 2007
WILDFIRE INSURANCE CLAIMS
Professor Dan Schechter, who teaches Property, is available for commentary on liability for property damaged by fire. He says: "Ordinary people are not going to be liable to the lender. They'll lose their house in foreclosure and proceeds will go to the lender. However, the surprising story is that high net worth borrowers may be liable to the lender if they refinanced the house. If you've refinanced, you don't have purchase money protection and you could conceivably personally liable for rest of the bank note."
Oct. 22, 2007
WILDFIRES & GLOBAL WARMING
Associate Professor Cesare Romano is available for commentary on the recent spate of wildfires in Southern California. He teaches International Environmental Law and Law of Global Warming. Of the growing wildfire trend he writes, "Wildfires has always been a problem in this part of the world.
With population in California booming and the area getting drier and
with less water due to global warming, this is only the beginning. I agree with one LA official below -- 'There is no way we can adequately prepare for this. The only solution:
act on global warming now (and see the results in 100 years) and cap and
better plan urban development. Until then, better have LOTS of firemen
at hand.'"
Also available for commentary is Professor Bob Benson, who teaches International Environmental Law. He writes, "Welcome to the post-global warming era. An increase in the number and intensity of wildfires is one of the specific impacts of climate change in California forecast by Governor Schwarzenegger's Climate Action Team and by U.C. Berkeley analysts in reports last year. The cause is drier, hotter climate and, perhaps, more intense wind storms. It cannot be avoided, or lessened, except in the long run of maybe 100 years, and then only if we cut greenhouse gases worldwide by 60 to 80 percent below 1990 levels -- starting right now. Until then, we will live in a permanent state of "disaster preparedness," adapting to the inevitable fires and other disasters by spending massive resources to fight them, and fleeing for our lives when our homes are threatened (as I have done twice in the last 10 years)."
ALLEGED ACCOMPLICES TURN ON O.J.
A suspect in the alleged Las Vegas sports memorabilia heist says that O. J. Simpson requested firearms be present. Professor Stan Goldman, who has closely followed the trials and tribulations of Simpson, is available for comment.
Oct. 18, 2007
ATTORNEY GENERAL CONFIRMATION
The Senate Judiciary Committee is in the midst of questioning attorney general nominee Michael Mukasey. Professor Laurie Levenson, a former federal prosecutor, is available for commentary.
Oct. 17, 2007
BASEBALL PLAYERS LOSE OUT IN RIGHT OF PUBLICITY CASE
The US Court of Appeals for the Eighth Circuit ruled that "CBC's First Amendment rights in offering its fantasy baseball products supersede the players' rights of publicity" in C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, L.P. Associate Professor Jennifer Rothman is available for commentary.
WRITERS GUILD NEGOTIATIONS
Adjunct Professor Brian Walton, a former executive director of the Writers Guild of America who teaches Law and Practice with the Hollywood Guilds, is available for commentary. Contact Brian Costello for details.
Oct. 15, 2007
GOV. VETOES SAME-SEX
Associate Professor Jennifer Rothman is available for commentary.
POST-MORTEM RIGHT OF PUBLICITY
Associate Professor Jennifer Rothman, who teaches The Right of Publicity, is available for commentary on California Civil Code 3344.1 regarding the publicity rights of the deceased.
Oct. 10, 2007
SUPREME COURT AFFIRMS NYC MUST PAY FOR PRIVATE SPECIAL EDUCATION
In Board of Education of the City School District of the City of New York v. Tom F., the Supreme Court reaffirmed that the New York City school district must pay for a child's private special education without having to first try public schooling. Assoc. Professor Michael Waterstone is available comment, writing: "In this case, the Supreme Court considered whether, in order to receive reimbursement for private school tuition, parents of special education students must enroll their children in public school placements which are inappropriate to their needs. The impact of the Court's split decision is that the answer to that question will depend on where a parent lives. It is likely, however, that another case like this will make its way back to the Supreme Court soon."
Oct. 8, 2007
SUPREME COURT OCTOBER SESSION
The Supreme Court commentary alert lists professors available for commentary on cases for the session beginning Oct. 1.
Sept. 28, 2007
HATE CRIME BILL
Professor Gary Williams teaches civil rights law and is available to comment on the hate-crime bill making its way through the Senate.
Sept. 27, 2007
U.N. CLIMATE SUMMIT
Associate Professor Cesare Romano is an expert on international environmental law and has written extensively on the impact on international disputes over environmental issues, including “Reforming the United Nations: What about the International Court of Justice?” in the Chinese Journal of International Law.
SPECTOR MISTRIAL
Professor Stan Goldman has been at the courthouse and is available for commentary on the hung jury in the Phil Spector murder trial.
Sept. 26, 2007
SPECTOR JURY HALTS PROCEEDINGS
Professor Stan Goldman has been at the courthouse and is available for commentary as a verdict is expected in the Phil Spector murder trial.
Sept. 25, 2007
SUPREME COURT TO HEAR VOTER ID CASE
Professor Rick Hasen, an election law expert who writes the Election Law Blog, is available for commentary. In a recent Washington Post op-ed, he urged the Supreme Court to accept the case, which challenges an Indiana voter ID law.
Sept. 24, 2007
IRS BACKS OFF ALL SAINTS CHURCH
Professor Ellen Aprill, an expert on exempt organization tax policy, is available for commentary on the closing of an IRS investigation into political statements at All Saints Church in Pasadena that jeopardized its tax-exempt status.
SPECTOR JURY CONTINUES DELIBERATIONS
Professor Stan Goldman has been at the courthouse and is available for commentary.
Sept. 21, 2007
JENA SIX PROTESTS
Professor Gary Williams, who teaches Civil Rights/Civil Liberties Litigation, is available for commentary.
Sept. 20, 2007
SPECTOR JURY CONTINUES DELIBERATIONS
Professor Stan Goldman has been at the courthouse and is available for commentary.
JENA SIX PROTESTS
Professor Cyn Yamashiro, director of the Center for Juvenile Law & Policy, is available for commentary.
Sept. 18, 2007
SPECTOR JURY WATCH
Professor Stan Goldman attended the trial and is available for commentary.
SPEARS CUSTODY BATTLE
Professor Charlotte Goldberg, a family law professor, is available for commentary on child custody issues surrounding yesterday's hearing with attorneys for Britney Spears and Kevin Federline related to what has been dubbed "the secret witness."
Sept. 17, 2007
O.J. FACING ROBBERY CHARGES
Professors Stan Goldman and Laurie Levenson are available for commentary on armed robbery and other charges currently faced by O.J. Simpson. Both professors were prominent legal analysts during Simpson's murder and subsequent civil trial in the '90s.
CLINTON HEALTHCARE PROPOSAL
Professor Brietta Clark, a healthcare law professor, is available for commentary on Sen. Hillary Rodham Clinton's plans to overhaul the healthcare system.
BUSH SELECTS ATTORNEY GENERAL
Professor Laurie Levenson, a former federal prosecutor, is available to comment on Bush's proposed successor to departing Attorney General Alberto Gonzales.
Sept. 13, 2007
WARREN JEFFS TRIAL
Professor Stan Goldman is available for commentary as the trial begins for Warren Jeffs, the polygamist sect leader charged with being an accomplice to rape.
Sept. 12, 2007
CLINTON RETURNS DONATIONS
Senator Hillary Rodham Clinton returned $850,000 in tainted campaign donations. Professor Rick Hasen, who writes the Election Law Blog, is available for commentary.
Sept. 10, 2007
JUDGE GAGS SPECTOR, WIFE
Phil Spector judge Hon. Larry P. Fidler placed a gag order on Phil Spector after learning of comments he made to a British newspaper that claimed he felt Fidler disliked him. Professor Stan Goldman has regularly attended the trial and is available to comment as the jury moves into deliberations.
CA DEBATES HEALTH CARE REFORM
As the California legislature debates health care reform, Professor Brietta Clark is available for commentary. Clark teaches in the area of health care law.
August 28, 2007
SPECTOR ATTORNEY QUITS
Phil Spector defense attorney Bruce Cutler resigned, citing conflicting opinions on strategy in the music producer's murder trial. Professor Stan Goldman has regularly attended the trial and is available to comment.
August 27, 2007
ALBERTO GONZALES RESIGNS
Professor Laurie Levenson, a former assistant US attorney who has testified about prosecutorial independence before the House Judiciary Committee, is available to comment on the resignation of Attorney General Alberto Gonzales.
August 24 , 2007
CALIF. APPROVES JUVENILE JUSTICE REFORM
Professor Cyn Yamashiro is available to comment on a measure that is expected to halve the number of youths in juvenile prisons.
August 23 , 2007
PARIS HILTON SETTLES DEFAMATION SUIT
Both sides of the Paris Hilton defamation law suit were represented by last year's two Champions of Justice as recognized by Loyola's Civil Justice Program. Bruce Broillet represented plaintiff Zeta Graff, and Edith Mathai represented defendant Hilton.
August 22 , 2007
SUBPRIME MORTGAGE WOES
Associate Professor Lauren Willis teaches consumer law and is available for commentary. How to repair the battered mortgage landscape? "Start by prohibiting lending to consumers at teaser rates," she writes in a recent op-ed.
July 26, 2007
AMERICANS WITH DISABILITES RESTORATION ACT OF 2007 HEARD BY CONGRESS
Associate Professor Michael Waterstone, who has taught and written extensively on disability right law, is available for commentary. The Americans with Disabilities Restoration
Act of 2007 will be introduced in Congress today. Although the original
Americans with Disabilities Act, passed 17 years ago, had broad
bi-partisan support, the Supreme Court has narrowly interpreted the
Act's definition of disability, which has drastically cut the number of
people the Act protects. The Restoration Act is important for several
reasons: first, it would substantially increase the number of people who
could bring claims under the Americans with Disabilities Act; second, it
would be the first major civil rights reform of the new Democratic
Congress in response to conservative Court decisions.
CALIF. BILL WOULD STRENGTHEN POST-MORTEM RIGHT OF PUBLICITY
A California Senate bill aims to give control of deceased celebrities' likenesses to the stars' airs. Associate Professor Jennifer Rothman is available for commentary.
July 18, 2007
MICHIGAN SUPREME COURT UPHOLDS VOTER ID LAW
Election law expert Professor Richard L. Hasen is available for commentary.
CONGRESSIONAL TESTIMONY ON SNITCHING
Associate Professor Alexandra Natapoff is testifying before the House Committee on the Judiciary on July 19 and is available for commentary.
June 25, 2007
SUPREME COURT OPINIONS
June 21, 2007
LA CITY ATTORNEY UNDER FIRE
Professor Stan Goldman, who served as a media analyst during the trials of OJ Simpson, the Menendez brothers, Michael Jackson and other high-profile defendants, is available for commentary on the ongoing story of LA City Attorney Rocky Delgadillo's alleged ethical infractions.
June 20, 2007
SPECTOR PROSECUTION WRAPPING UP
Professor Stan Goldman, who served as a media analyst during the trials of OJ Simpson, the Menendez brothers, Michael Jackson and other high-profile defendants, is available for commentary.
June 14, 2007
GUILTY VERDICT IN JAMES SEALE TRIAL
Associate Professor Michael Waterstone is available for commentary. In a recent op-ed, he writes: "The racial reconciliation role of these cases makes them worth finding and bringing. The first step in reconciliation is clarifying the historical record. This requires a public discussion of ugly, uncomfortable truths. In the Seale atrocity and others like it, the government was complicit on many levels."
June 8, 2007
PARIS HILTON FACES RETURN TO PRISON
Professor Stan Goldman, who served as a media analyst during the trials of OJ Simpson, the Menendez brothers, Michael Jackson and other high-profile defendants, is available for commentary.
June 7 , 2007
PARIS HILTON RELEASED EARLY
Professor Laurie Levenson is available for commentary.
June 6 , 2007
JAMES SEALE TRIAL ESCALATES
Associate Professor Michael Waterstone is available for commentary. In a recent op-ed, he writes: "The racial reconciliation role of these cases makes them worth finding and bringing. The first step in reconciliation is clarifying the historical record. This requires a public discussion of ugly, uncomfortable truths. In the Seale atrocity and others like it, the government was complicit on many levels."
SENATE TO CONSIDER PATENT CHANGES
As the US Senate considers legislation that would make patents harder to get and easier to challenge, Associate Professor Lee Petherbridge is available for commentary. Petherbridge teaches Patent Law.
JUDGE: JURY TO DECIDE IF STUDENT MADE THREATS
Associate Professor Jennifer Rothman is available to comment on the First Amendment implications of a Purdue University student who says his comments about the president should be considered protected speech. Call Brian Costello at 213-736-1444 for more information.
MAY 25, 2007
SUPREME COURT DECIDES WINKELMAN v. PANAMA CITY
Associate Professor Michael Waterstone is available for commentary. In an op-ed, he writes: In an important decision this week, Winkelman vs. Panama City School District, the Court held that when their child’s education is at stake, parents have rights...This is a noteworthy decision from this court, which has not always been the friendliest to disability rights."
MAY 1, 2007
SUPREME COURT DECIDES KSR V. TELEFLEX
Associate Professor Lee Petherbridge is available for commentary. He writes, "In KSR Int'l Co. v. Teleflex, Inc., No. 04-1350 (April 30, 2007), the Supreme Court unanimously reversed a federal circuit decision that
concluded that further fact finding was necessary to determine whether
the patent claim in suit is obvious. However, in its opinion, the
Supreme Court appears to support a legal standard for obviousness that
is either identical to or very close to the legal standard that the
federal circuit traditionally applies. The effect is that the opinion preserves the principle which guides the federal circuit's case law.
Thus, while it may muddy the waters for a time it might not be expected to work a serious upset to the settled expectations of the innovation
community in the United States. The primary guidance given was advisory, namely, that the federal circuit should be wary of being
overly rigid in its application of the controlling principles. It was this error in this case that led the Supreme Court to reverse the court
of appeals."
APRIL 25, 2007
SUPREME COURT HEARS CAMPAIGN FINANCE CASE
Professor Rick Hasen is available for commentary on the Supreme Court's hearing of FEC v. Wisconsin Right to Life. In a January op-ed, he wrote: "The Supreme Court this month agreed to hear a new campaign finance case, Wisconsin Right to Life v. FEC. Those who think it is a good idea to keep big money out of politics should be very afraid." He will be attending the argument and blogging about the case on his Election Law Blog.
PANEL FAULTS US POLICIES ON DISABLED
Associate Professor Michael Waterstone, who has written extensively on and teaches disability rights law, is available for commentary.
OPENING STATEMENTS IN PHIL SPECTOR TRIAL
Professors Stan Goldman and Laurie Levenson, who both served as media analysts during the trials of OJ Simpson, the Menendez brothers, Michael Jackson and other high-profile defendants, are available for commentary. Prof. Goldman is attending today's proceedings.
APRIL 18 , 2007
SUPREME COURT RULES ON MORTGAGE LENDERS
Associate Professor Lauren Willis is available for commentary. When the Supreme Court heard the case back in November, she wrote in an op-ed, "Why is Wachovia litigating this case, rather than closing its mortgage company and originating loans directly from its national bank? Banks lend through affiliates to limit litigation exposure. Wronged consumers can recover from only the mortgage subsidiary and not the national bank because state law shields owners of a corporation from the corporation’s liabilities. Wachovia is hoping to obtain the benefits of state law without its burdens. When consumers do this, lenders call it “irresponsibility.” When banks do it, they want the courts to call it “preemption.”
APRIL 11 , 2007
DON IMUS RACIAL COMMENTS
Professor Sean Scott is available for commentary. She writes: "The comments made by Don Imus about the Rutgers women’s basketball team remind me of how tenaciously Americans hold on to the images and identities that we construct and assign to people based on how they look. We, as a nation, have constructed for African American women a social place and space: a social location. We have attached characteristics and traits to those in this location. Everyone whom we think 'looks' like what we think an African American woman looks like is placed in this location and has these character traits attributed to her."
GOOGLE EARTH MAPS DARFUR CRISIS
Associate Professor Cesare Romano is available for commentary. He teaches International Law and has written on genocide, including "Internationalized Criminal Courts and Tribunals: Sierra Leone, East Timor, Kosovo and Cambodia." He writes:
"Google's initiative is undoubtedly to be praised. But it also raises issues. The one that troubles meT the most is the selectivity. Putting the spotlight on Darfur is great, but who decides where to shine the light? A private company, according to criteria that are not clear. Is Google going to do the same in other areas of the world where great suffering is taking place but where the United States has, for instance, troops, or strategic interests at stake? There is the risk that this laudable initiative will become just another CNN: a tool to focus public attention on some crisis, where the West has nothing to lose politically and only something to gain, and a way to divert attention from other equally severe situations of gross human rights abuses for which Western governments would rather not be pushed to do something. In sum, it is great that modern technology is put to the service of laudable causes, but I am not sure this step represents such a dramatic change as compared to what is already available. The dramatic change would be triggered if Google could provide unfiltered, zoomable and live satellite feed of the globe. THAT would usher a new era of transparency and accountability."
CHARGES DROPPED AGAINST DUKE LACROSSE PLAYERS
Professor Stan Goldman has followed the case is available for commentary.
APRIL 2 , 2007
HICKS SENTENCED AT GUANTANAMO
Professor David Glazier is available for commentary. His recent op-ed on the matter begins: "Last week’s events at David Hicks’ Guantanamo military commission suggest that improvements mandated by the Military Commissions Act of 2006 (MCA) are insufficient to produce fair trials and leave several important questions about future sentencing open to debate."
SUPREME COURT WEIGHS IN ON ENVIRONMENTAL CASES
The US Supreme Court weighed in on two important environmental cases, Massachusetts v. EPA and Environmental Defense v. Duke Energy Corporation. Professor Dan Selmi, who teaches environmental law, is available for commentary. Of the split decision, Associate Professor Cesare Romano writes: "The sad thing is that
even on something like this they split along partisan lines.
Climate change won't be addressed until we start approaching it as a
common national, let alone global, threat - not as a pet-issue of one
side and as a foe by the other."
SC BILL WOULD REQUIRE WOMEN SEEKING ABORTIONS VIEW ULTRASOUND
A bill making its way to the South Carolina Senate would require a pregnant woman to view an ultrasound of her fetus before terminating the pregnancy. Professor Brietta Clark, who teaches healthcare law, is available for commentary. She writes: "The coercive element of the statute, the lack of helpful information provided by viewing the ultrasound as opposed to getting the information about the fetus through other mechanisms, and evidence that the law's purpose and potential effect would be to put a psychological obstacle in the woman's way as opposed to simply providing relevant and material information about her health and the health of the fetus suggests that such a law should not pass the 'undue burden' test."
MARCH 27, 2007
HICKS PLEADS GUILTY AT GUANTANAMO
Australian citizen David Hicks pleaded guilty before a military commission at Guantanamo to the charge of
providing material support to terrorism. Professor David Glazier is available for commentary. "Lots of ramification for the war on terror here," he writes.
SUPREME COURT CONSIDERING MASS. V. EPA
As the US Supreme Court considers its decision in Massachusetts v. EPA, Professor Dan Selmi is available for commentary.
MARCH 26, 2007
HICKS ARRAIGNED AT GUANTANAMO
Australian citizen David Hicks appeared today before a military commission at Guantanamo to be arraigned on the charge of
providing material support to terrorism. Professor David Glazier is available for commentary. He writes:
(1) I can find no foundation in the law of war for providing material to support to terrorism as constituting a war crime. It is a federal
crime, so there should be no reason he could not be tried in a regular federal court. But I don't think this is an offense under the law of
war over which a military commission can properly assert jurisdiction.
(2) The detailed charge sheet prepared by the government details conduct that clearly qualifies Hicks as an enemy combatant if accurate -- he is alleged to have received fairly detailed military training, to have been armed with an automatic rifle and hand grenades, to have guarded a tank for several weeks, then to have gone to the front lines of actual fighting between allied forces and the Taliban/al Qaeda in Afghanistan, before thinking better of all this, selling his weapon, and trying to flee to Pakistan. But it is far from clear that his conduct constitutes any violation that should subject him to prosecution under the law of war even if some conduct could properly be proscribed under supporting terrorism.
(3) The military commission is a subset of military justice, lawfully exercised by military commanders. But the charges against Hicks are being pressed by "the Honorable Susan Crawford" who is currently a senior judge of the Court of Appeals for the Armed Forces, a position which by federal law can only be filled by a civilian. I think she thus lacks legal authority to proffer charges or convene/review military commissions. If she wishes to serve as convening authority, I think she has to terminate her affiliation with the court and cease from using "the Honorable." I believe that as a matter of law, the only two civilians who could fulfill the role of convening authority should be the President and Secretary of Defense because of their direct role in the chain of command.
MARCH 22
SENATE PANEL OK'S SUBPOENAS FOR BUSH AIDES
Will the White House exercise "the constitutional prerogatives of the presidency," or executive privilege, to block the subpoenas? Constitutional law Professor Allan Ides is available to help analyze the situation.
PHIL SPECTOR JURY SELECTION CONTINUES
Professors Stan Goldman and Laurie Levenson, who both served as media analysts during the trials of OJ Simpson, the Menendez brothers, Michael Jackson and other high-profile defendants, are available for commentary.
MARCH 21, 2007
HICKS TO BE ARRAIGNED AT GUANTANAMO
Australian citizen David Hicks is scheduled
to be arraigned before a military commission at Guantanamo next
week on the charge of
providing material support to terrorism. Professor David Glazier is available for commentary. He writes:
(1) I can find no foundation in the law of war for providing material to support to terrorism as constituting a war crime. It is a federal
crime, so there should be no reason he could not be tried in a regular federal court. But I don't think this is an offense under the law of
war over which a military commission can properly assert jurisdiction.
(2) The detailed charge sheet prepared by the government details conduct that clearly qualifies Hicks as an enemy combatant if accurate -- he is alleged to have received fairly detailed military training, to have been armed with an automatic rifle and hand grenades, to have guarded a tank for several weeks, then to have gone to the front lines of actual fighting between allied forces and the Taliban/al Qaeda in Afhghanistan, before thinking better of all this, selling his weapon, and trying to flee to Pakistan. But it is far from clear that his conduct constitutes any violation that should subject him to prosecution under the law of war even if some conduct could properly be proscribed under supporting terrorism.
(3) The military commission is a subset of military justice, lawfully
exercised by military commanders. But the charges against Hicks are
being pressed by "the Honorable Susan Crawford" who is currently a
senior judge of the Court of Appeals for the Armed Forces, a position
which by federal law can only be filled by a civilian. I think she
thus lacks legal authority to proffer charges or convene/review
military commissions. If she wishes to serve as convening authority,
I think she has to terminate her affiliation with the court and cease
from using "the Honorable." I believe that as a matter of law, the
only two civilians who could fulfill the role of convening authority
should be the President and Secretary of Defense because of their
direct role in the chain of command.
MARCH 20, 2007
HIGH COURT DECISION COULD HURT CONSUMERS
On the potential negative impact on consumers of the US Supreme Court's decision on a March 26 case, Leegin Creative Leather Products, Inc. v. PSKS, Inc., Professor Daniel Lazaroff writes:
The Supreme Court case regarding minimum vertical price fixing (also called resale price maintenance) is likely to result in the overruling of the 1911 decision in Dr. Miles. That early precedent made vertical price fixing illegal per se. More recently, the Supreme Court decided that vertical maximum price fixing should not be per se illegal but should be dealt with under antitrust's rule of reason. However, the Court did not eliminate per se treatment for vertical minimum price fixing. The pending case threatens to do that.
Consumers may well suffer substantial economic harm from the overruling of Dr. Miles in the form of higher retail prices for a variety of goods. Until now, the Court had been reluctant to allow any vertical minimum price fixing because of the concern that allegedly vertical resale price maintenance agreements could actually be masking horizontal price fixing among competitors at the manufacturer or retail level. It will be interesting to see how the Court addresses these concerns that have troubled it in the past.
SCOTUS RULES IN TRAVELERS V. PACIFIC GAS
The US Supreme Court ruled that parties can contractually allocate the burden of attorneys' fees in bankruptcy cases. Professor Dan Schechter is available for commentary.
MARCH 16, 2007
THE CASE FOR THE EMMETT TILL BILL
In his op-ed, Associate Professor Michael Waterstone writes: "Although not discussed as often, there are also past injustices that need to be corrected. Congress is currently considering the Emmett Till Unsolved Civil Rights Crime Act, which would create special cold case units in the FBI and Justice Department to investigate and prosecute unsolved civil rights murders. Legislators should act quickly and pass this law."
MARCH 15, 2007
SUBPOENAS OVER US ATTORNEY FIRINGS TARGET DOJ
Professor Laurie Levenson, a former appointed assistant US attorney, is available to provide commentary on the high-profile firing of eight US attorneys.
MARCH 14, 2007
GENE PATENTING
Rep. Dave Weldon, R-Indianatlantic, is co-sponsoring a bill in Congress that would prohibit further patenting of human genetic material. Associate Professor Lee Petherbridge is available for commentary.
SUPREME COURT SESSION
Expert commentary on a variety of Supreme Court cases heard in the October 2006 session is available from our professors:
JUVENILE JUSTICE REFORM
Professor Cyn Yamashiro, director of the Center for Juvenile Law & Policy, has been a frequent source of commentary about US Department of Justice efforts to oversee LA County's juvenile justice system. Read his:
MID-TERM ELECTIONS
Professor Richard L. Hasen's Election Law Blog monitors post-election issues after the mid-term elections. Read more about his:
PERSPECTIVES
Professor Ellen Aprill supported broadening tax-exemption to include employees of charities in response to a recent New York Times story.
HEALTHCARE ACCESS
Professor Brietta Clark's essay calling for an overhaul of the prison healthcare system was published in Bioethics Forum.