Faculty in the News
Selected faculty quotes and stories about the Law School in the media
Bloomberg News Service (Dec. 14, 2001): California hotels, citing a drop in business after the terrorist attacks on New York City, are seeking tax breaks under a state code that provides relief in emergencies. But Professor George Lefcoe, a real estate law expert, thinks the code doesn't apply: "It's a stretch" for properties that weren't physically damaged, he said. "The statute doesn't look like it's written for that kind of secondary damage."
New York Times (Dec. 9, 2001): The Department of Justice has asked a federal appeals court for a broad ruling to authorize the use of secret evidence in cases in which the department wants to detain or deport immigrants it contends are in the country illegally. Although immigrants have gained civil liberties since the 1990s, said Niels Frenzen, an immigration law specialist at the University of Southern California, "that trend has been completely reversed" since Sept. 11. Now, he said, "we are in a much more secretive, much more one-sided process."
Newsday (Dec. 9, 2001): Civil liberties are domestic matters, foreign affairs are international matters. The two issues would not seem to intersect, and yet they did last week in the Senate Judiciary Committee, contends University of Southern California Law Professor Mary L. Dudziak in an article she wrote for New York's Newsday.
Los Angeles Times (Dec. 5, 2001): The United States steel industry, which has been battered for decades by heavy foreign competition, is discussing a sweeping merger of at least three major steel producers. "It could potentially be an antitrust problem," said Eric Talley, USC professor of law. Another problem the steel companies would have is convincing antitrust regulators that the new company is more efficient - a requirement of mergers - when they are asking the government to pick up expenses, Talley said.
Los Angeles Times (Dec. 4, 2001): Prominent Los Angeles black community leaders called for the city's police union to stop criticizing police chief Bernard Parks, as it may lead to racial discord. They also urged Mayor James Hahn to call a meeting between Parks and Police Protective League officials to iron out their differences. USC law professor Erwin Chemerinsky said the black community leaders were "trying to put political pressure on the mayor, who was elected in large part because of black community support, to reappoint a black police chief."
Pittsburgh Post-Gazette (Dec. 2, 2001): In an article about President Bush's plans to use military tribunals to try terrorists, the author cited Erwin Chemerinsky's compilation of historical war-time civil liberties restrictions. She cited his research on the Alien and Sedition Act of 1796, which made it a crime to criticize government officials.
Washington Post (Dec. 1, 2001): Sara Jane Olsen, a former member of the Symbionese Liberation Army, has twice pleaded guilty to plotting to blow up two Los Angeles Police Cruisers in 1975. She is now attempting to withdraw her guilty pleas. "Traditionally, there has to be some good reason for withdrawing it, such as she was coerced or improperly advised," said USC Law Professor Erwin Chemerinsky. "And I think those are going to be hard criteria to meet. It's really up to the judge."
The American Lawyer (Dec. 2001): America needs to think about the civil liberties that are being attacked in the aftermath of Sept. 11, says Susan Estrich, a USC professor of law. She uses personal and historical examples of times when justice has been forgotten in the face of fear, and stresses the importance of not sacrificing our freedom during such times.
The Los Angeles Times (Nov. 26, 2001): Debate over the ethical ramifications of cloning human embryos reignited when a Massachusetts company, Advanced Cell Technology Inc., announced it had created cloned embryos that were able to live for several days. However, USC Law and Medicine Professor Alexander Capron dismissed the work as a failure. "It seems that if you take eggs and don't develop them beyond three days, they don't have success," said Capron. He also pointed out that the cloned embryos have not been proven to be free of genetic defects, a point that the company itself acknowledged.
"Fox News Network" (Nov. 20, 2001): During a show titled "War on Terror: The Hunt for the Killers," USC law professor and Fox News legal analyst Susan Estrich argued that President Bush's use of military tribunals to try war criminals needs to be closely scrutinized. "This is a matter of deep concern," Estrich said. "It's our constitution… . We don't just put it aside when it's convenient. It is precisely when it's inconvenient that it's most important."
The Guardian (London, Nov. 15, 2001): President Bush's directive allowing the use of military courts for terrorist trials worries some legal experts. Professor Erwin Chemerinsky, a constitutional law professor at USC, said: "I am very troubled by it because it allows the government to try people without having to follow the constitution's protections." He said it could do away with the most important rights of defendants: a public trial by a jury of their peers. He also expressed concern about the order in the Los Angeles Times and San Francisco Chronicle on Nov. 14.
Saint Paul Pioneer Press (Nov. 15, 2001): Sara Jane Olsen could be sentenced to 10 years to life in prison for each guilty plea she made to charges of attempting to explode a destructive devise with the intent to commit murder. Now Olsen, who twice told a judge she was guilty, wants to withdraw her plea and go forward with a jury trial. "Legally, there's not sufficient grounds," said Michael Brennan, a USC law professor who specializes in post-conviction cases." But many disagree, including Olsen's lawyers. Ultimately, it will be up to the discretion of the judge.
Chicago Daily Law Bulletin (Nov. 12, 2001): Candidates in future judicial elections can use a new "high-tech" method of campaigning, bypassing the news media and speaking directly to voters by distributing inexpensive multi-media compact discs for free. One of the controversial issues surrounding the use of CDs for campaigning is what would be allowed to be said on the discs. USC Professor Erwin Chemerinsky argued at a symposium at the University of Virginia Law School that restrictions on the speech of judicial candidates are unconstitutional.
The San Francisco Chronicle (Nov. 11, 2001): Attorney General John Ashcroft has always been an ardent supporter of state's rights. However, his recent actions toward doctors in Oregon and toward medical marijuana suppliers and physicians in California have led some analysts to question the administration's devotion to curbing the powers of the federal government. "I think they care about states' rights when it serves their political ends . . . but I think that's been true throughout American history," said USC law professor Erwin Chemerinsky.
Ventura County Star (Nov. 9, 2001): Many fear that Middle Eastern defendants may not get fair treatment from jurors in light of the Sept. 11 attacks. In Ventura County, jurors admitted they might feel biased towards those of Middle Eastern descent - especially those being tried for violent crimes. "This is a whole new climate for us," said USC Law Professor Michael J. Brennan. "I think it would be difficult being a Middle Eastern defendant these days. We're just going to have to go through more prospective jurors."
The Christian Science Monitor (Nov. 8, 2001): California's controversial three-strikes law is now facing what may be its biggest test since voters approved it seven years ago. For the first time, a U.S. appeals court has struck down a long sentence imposed under the law, reasoning that is amounts to cruel and unusual punishment. "It's going to lead to many other challenges by those currently in prison whose third strikes were also minor crimes," said Erwin Chemerinsky, a USC law professor and the lawyer who represented the defendant in this case, Leandro Andrade.
New Times Los Angeles (Nov. 8, 2001): Under Police Chief Bernard Melekian, crime has dramatically dropped in the city of Pasadena - especially gang-related crime. Many believe the drop in crime is due to Melekian's unusual policies on gangs, including treating members with respect and working with them to halt crime. Melekian is also opposed to gang injunctions, a policy with which many agree. "The evidentiary basis of gang injunctions is quite suspect," said USC Professor Tom Griffith. "It's just a pile of affidavits by police officers. There are no witnesses called. The evidence is simply what a cop claims he knows. They read through a long list of very bad-sounding stuff. But if they're so confident that these gang members are committing those crimes, why don't they just arrest them for it? Why do they need a civil injunction?"
Chicago Tribune (Nov. 3, 2001): California voters and lawmakers approved the three-strikes law in 1994 amid public furor over the murder of 12-year-old Polly Klass by a repeat offender on parole. However, a federal appeals court decided Friday to throw out the 50-year sentence given to Leonardo Andrade for stealing $153 worth of video tapes from a Kmart store - a sentence levied in accordance with the three-strikes law. The decision could elicit hundreds of challenges from defendants who received similar punishments. "This especially opens the door to those whose third strike is like my client's: petty theft with a prior," said USC Law Professor Erwin Chemerinsky, who served as Andrade's attorney."
Business Wire (Nov. 1, 2001): Professor of Law and Medicine Alexander Capron believes that the withdrawal of federal funding for stem-cell research in the U.S. will foster privatization. "In the U.S., with a prohibition on federal funding for the IVF (in vitro fertilization)-related research, and no central authority to regulate it, all embryo research is in private hands," said Capron. "If the IVF story foretells anything for the unfolding stem cell story, it is that the withdrawal of the federal government from the arena may only add to the process of commodification, commercialization and exploitation of the vulnerable."
ABA Journal (November 2001): A recent 3rd Circuit Court of Appeals decision overturning a gag order on a defendant's former attorney did not resolve the conflict among the courts on the slippery subject. "The opinion does not reflect the fact that the gag order in this case was a prior restraint on speech," said Erwin Chemerinsky, a USC law professor. "It treats gag orders against lawyers just the same as after-the-fact punishments for speech. Gag orders in the form of court orders stop speech from ever occurring, it is also so important to remember that the gag order in these types of situations restrains speech that goes to the core of the First Amendment."
PBS NewsHour With Jim Lehrer (Oct. 10, 2001): Will visa issuance change in the wake of the Sept. 11 terrorist attacks? Immigration law expert Niels Frenzen doesn't think so. "If the individual doesn't have any history - doesn't have any criminal or terrorist or intelligence background - or that information is not known to the U.S. government, changing the visa laws is not going to help with identifying who should not be admitted to the United States," he said. "The only thing we can do is stop issuing visas and seal the borders."
Business Week (Oct. 1, 2001): After Sept. 11, terrorism now seems a much greater threat than previously imagined. As a result, former arguments criticizing government surveillance and monitoring are going to have to be reconsidered. "It is so important for the debate to get past the point where one side is saying 'We've got to give up civil liberties,' and the other side is saying, 'We cannot give up civil liberties,'" said USC law professor and constitutional expert Erwin Chemerinsky. "It has to be a much more nuanced discussion of what civil liberties are being compromised, under which circumstances, and for what gain."
Los Angeles Times (Sept. 30, 2001): A list of more than 700 mostly Arabic names are the focal point of the FBI's manhunt in the war on terrorism. However, this tool may prove less than useful. "People can get very confused over transliteration," said USC law professor Niels Frenzen, who in 1997 helped defend several Iraqi nationals accused of hiding their true identities in connection with an international espionage case. "The FBI unfortunately has a well-demonstrated track record of misunderstanding [Arabic names]."
New York Times (Sept. 30. 2001): The Sept. 11 attacks have caused many people to question the Supreme Court's national authority. "As the ground shifts under us now, the justices can't take themselves out of their cultural moment," said legal historian and USC law professor Mary Dudziak. "Federalism jurisprudence might have felt anachronistic and quaint in an era of globalization, but after Sept. 11 it feels dangerous."
Scripps Howard News Service (Sep. 24, 2001): A criminal conspiracy case against 28 members and associates of the Hells Angels might end up costing California taxpayers more than $6 million after taking into account fees for attorneys and investigators, expenses for expert witnesses, travel expenses and forensics costs. However, Jody Armour, USC law professor, said there are at least two advantages of the case. "There's a political benefit. If you can characterize something as a conspiracy, you can claim to be ridding society of an organized scourge," he said. "It's a little more glamorous than prosecuting your typical street-corner drug peddlers. The legal benefit is that you may not have to prove that the defendant was actually caught selling the drugs."
The Wilson Quarterly (Sept. 22, 2001): The use of genetic testing to determine proclivity to disease and the proliferation of "right-to-privacy" laws in response to the fear of genetic testing are posing problems for health insurance companies. "Health insurance carriers are more likely to react in a political fashion than in an actuarial fashion," said Alex Capron, a professor of law and medicine at USC. "They are likely not to want to use genetic information even if they could, because they recognize extensive use of it would create a situation of larger numbers of uninsured people, and all that does is feed the demand for health care reform."
Chicago Tribune (Sept. 19, 2001): USC law professor Susan Estrich was included in a compilation of quotes from women around the country about the terrorist attacks. "There is an understandable urge right now to give the government more power to know everything about us, in the hopes that it will learn more about the dangerous few," she said. "And even those who understand that branding by race or ethnic origin is the definition of racism have trouble not engaging in it, with the scope of Tuesday's destruction so fresh in mind. As the United States faces a new war against uncertain and hidden enemies, the temptation to sacrifice our freedom in the hopes of protecting ourselves from harm is powerful."
The New York Times (Sept. 19, 2001): In the face of new threats and the possibility of war, will the courts lean toward giving the government more power? While many believe so, some experts say that courts might now be more willing to be critical of the government than they have been in the past. "This court is institutionally deferential," said Erwin Chemerinsky, professor of law at USC. "But I don't think this is a court that will say, 'anything goes.'"
Chicago Daily Law Bulletin (Sep. 17, 2001): Dan Simon, professor of law and psychology at USC, commented on the judicial hunch described in "A Psychological Model of Judicial Decision Making," an article that appeared in the Rutgers Law Journal. "It seems that this neo-formalist form of jurisprudence - typified by a self-reported experience of constraint, high confidence and singular correctness, all crouched in the rhetoric of closure - is the predominant, albeit unofficial, mode of judicial reasoning in current American legal culture."
Time (Sep. 17, 2001): A controversial new book about professional female behavior sheds new light on the common belief that women are less combative in the workplace than men. "There's not a successful woman today who doesn't know that sometimes women are your best friends and sometimes they're your worst enemies," said Susan Estrich, USC law professor and author of Sex and Power. Estrich believes that this sort of behavior results from "a sense of insecurity, a sense that your success will come at my expense, that somehow if I'm not the only woman, they will see me as a woman's woman, as opposed to being one of the boys."
Toronto Star (Sept. 15, 2001): Privacy advocates are warning against the dangers of increased Internet wiretapping and monitoring by law enforcement agencies in the wake of Tuesday's terrorist attacks, a possibility that also worries USC law professor Erwin Chemerinsky. "I heard former President Bush saying we've got to prepare to give up our civil liberties. All of that sentiment is very dangerous. I think there's going to be a real effort to give government more surveillance authority."
USA Today (Sept. 13, 2001): USC law professor Susan Estrich wrote an article about the thin line between safety and freedom. "My students shake their heads when reading the anti-communist cases, because they did not live through the Cold War, never saw Khrushchev bang his shoe," she wrote. "They did, however, see the pictures of devastation Tuesday."
City News Service (Sept. 11, 2001): The terrorist attacks in New York City and Washington, D.C., struck American symbols of economic dominance and military might. "They were quite obviously symbolic targets," said Edwin M. Smith, professor of law and international relations at USC. "Whoever is trying to do this is trying to make a political statement that the U.S. - which thinks it is powerful - is vulnerable."
National Public Radio, "Weekend All Things Considered" (Sept. 8, 2001): The 9th U.S. Circuit Court of Appeals decided Wednesday, in the first ruling of its kind, that male inmates have the right to procreate - even through means of artificial insemination. USC law professor Charles Whitebread commented: "What is new about this case is the notion that the right to procreate survives incarceration and can be exercised while in prison. That's the novelty of this whole thing. But virtually every single rights-of-the prisoners case heard by the United States Supreme Court over the last decade, the prisoners' right claim has been rejected."
PR Newswire (Sept. 6, 2001): U.S. law schools are experiencing the largest increase in applicants since 1991, according to the Law School Admission Council. "The economy has changed dramatically," said William J. Hoye, assistant dean at the USC Law. "College graduates are not being offered the same kind of employment opportunities as in past years."
Los Angeles Times (Aug. 24, 2001): Law students at USC and around the country are beginning to spend their summers not in plush offices as interns at ritzy firms, but helping people resolve their basic legal problems for free - thanks to the help of grants and donations from peers. USC law student Eli Palomares was one of 25 USC students who spent the summer working at public interest organizations for small stipends. "I really believe that this generation of lawyers will be much more likely to find time for the public interest in their practice, and donate money" to public interest causes, said Karen A. Lash, associate dean at USC Law. See the story here.
USA Today (Aug. 22, 2001): A nationwide scheme to fix McDonald's promotional games, including those based on Monopoly, "Who Wants to Be a Millionaire" and the 1996 Summer Olympics, ended with the arrest of eight people on Thursday by the FBI. While McDonald's may face some lawsuits, the company vowed to restore customer trust. "They were cooperating" with the FBI, says Eric Talley, a USC law professor. '"I guess you could claim negligence by McDonald's. That might get you a Quarter Pounder with cheese, but you'd have to give a third to your attorney.'" Professor Talley's comments were reprinted in Time magazine.
Los Angeles Times (July 16, 2001): In blocking a developer’s plan to gate the entrance of a luxury residential development, county officials said they were protecting the rights of people who used the private road to access hiking trails. Although state law awards "prescriptive rights" to people who use a property for several years without the owner’s consent, Professor George Lefcoe said the county can’t prevent private owners from restricting access to a private road simply because the county wants the road to remain open. "The county is way exceeding its jurisdiction," he said. "What they are doing is purporting to recognize a nonexistent claim. It’s a claim nobody has asserted. For them to suggest they have an obligation to honor these rights is absurd."
U.S. News & World Report (July 9, 2001): As the Food and Drug Administration cracked down on a religious sect’s efforts to clone a human baby, Professor Alexander Capron questioned the FDA’s authority. "The authority that they’re asserting is something they’ve never asserted in the fertility field before," he said, noting that the FDA is charged with regulating safety concerns only; if scientists can prove human cloning safe, the FDA would not have the legal authority to stop the process.
The Los Angeles Daily Journal (June 21, 2001) honored USC Law's centennial with a full page of articles written by alumni. Grads praised a tradition of diversity that has contributed to the Law School's success since its founding more than 100 years ago. See the story here.
Las Vegas Review-Journal (June 12, 2001): Professor W. David Slawson commented on a government investigation into Harrah’s Entertainment’s pending acquisition of Harveys Casino Resorts. The Federal Trade Commission’s job in such a case, Professor Slawson said, is to determine whether the two firms operate in the same "product market" — casino gaming — and the same geographic market.
The Los Angeles Daily Journal (June 12, 2001): In a story about USC’s new Family Violence Clinic, Clinical Fellow Stacey Turner described how students are particularly suited to work with domestic violence victims: "[Students] have so much energy, they lack cynicism and they really spend time with a client," she said. "Students don’t know their limitations, so they can come up with more creative options. They teach victims how to be advocates for themselves."
Los Angeles Times (May 13, 2001): In the first ruling of its kind in California, an appellate court decided that a father’s obligation to pay child support ends when his parental rights are terminated. "It is obviously new in California, but it is an issue that has been addressed in other states and has had a similar outcome," noted Associate Dean Scott Altman. "It’s not a shocking kind of decision."
Los Angeles Times (May 4, 2001): When police raided the home of an Orange County businessman who persistently refused to pay taxes under the claim that the law does not apply a tax on personal wages, Professor Thomas Griffith helped set the record straight. "Businesses clearly have an obligation to withhold taxes," he said. "If [the businessman] ends up in court, it’s clear-cut. He’d lose." Professor Griffith was interviewed by Fox News Channel on the same subject.
Los Angeles Times (April 29, 2001): Professor Christopher Stone questioned the judgment of environmental groups that are negotiating away their right to protest in exchange for concessions with land developers. "You’ve got organizations — the very purpose of which is to monitor and speak out — and they agree not to engage in the very function for which they have been established and for which they are being financed by people who make voluntary contributions," he said. "It really sounds bad."
Chicago Tribune (April 21, 2001): The Wind Done Gone, a parody of Gone With the Wind, drew national attention when a federal judge barred its publication, saying the book constituted unabated piracy of the original text. "The Supreme Court allows for parodies which make fun of original works and advance the culture," Professor Dan Klerman explained. "But the court said there must be a very factual inquiry. You have to ask, ‘Did the parody take too much of the original?’" An appeals court didn’t think so, and the ban was lifted in May.
Associated Press (April 17, 2001): Convicted at age 16 of killing two people in a 1979 San Diego school shooting, Brenda Spencer lost her parole bid this spring but offered new insight into her case during the parole hearing. For the first time, Ms. Spencer linked her violent behavior to abuse she suffered at home. "In all of these school shootings, we collectively ask, ‘What could have caused our children to behave this way?" said Professor Denise Meyer, who, with students from USC’s Post Conviction Justice Project, represented Ms. Spencer at the hearing. "She told us why — a terrifyingly abusive home life."
Christian Science Monitor (April 16, 2001): Professor Noel Ragsdale explained that while the law offers some protection for employees, employers have a lot of leeway in firing people. "If you’re an at-will [employee], the question is not whether the employer had a good reason, it’s whether they had an illegal reason," she said. "The reason can be that you’re Aries, and the manager doesn’t like Aries. It might be a crazy reason — but it won’t be because of being Asian or female."
Wall Street Journal (April 12, 2001): The rise in litigation over employee stock options is not likely to fade with the dot.com age that helped spark the trend. Said Professor Eric Talley: "There’s a consensus among legal academics that this is becoming a really important part of employment law." Professor Talley was also a source for Sept. 27, 2000, Journal article on the subject: Disputes over stock options have opened up the "litigation floodgates in the last year and a half," he said. "The stakes in these disputes are big — big enough to fight over."
Los Angeles Times (March 22, 2001): In the heat of the L.A. mayoral primary, Professor Susan Estrich discussed candidates’ campaign strategies. "The challenge is to define a reason the city needs you at a time when it’s not clear what it does need, or rather who," said Professor Estrich. "So what you hear about is, ‘Who do you like?’ not, ‘Who do we need?’"
San Francisco Chronicle (March 22, 2001): The 9th U.S. Circuit Court of Appeals opened the door to immigrant battered women and children seeking asylum when it prohibited immigration officials from deporting a Mexican girl who fled her country and a lifetime of abuse from her father. Professor Niels Frenzen, one of the girl’s lawyers, said the ruling sent a strong message to governments that don’t protect domestic violence victims. "President [Vicente] Fox [of Mexico] should be embarrassed by this," he said. Noting that treatment of domestic violence is far from perfect in the United States, Professor Frenzen was hopeful that the case might "raise the profile of domestic violence in Mexico."
Los Angeles Times (March 11, 2001): When the Cypress (Calif.) Police Department began crafting a plan to study whether its officers practice racial profiling of motorists, Professor Jody Armour called it a good first step. "If I’m an officer and know that someone is keeping track of me," he said, "I may be more careful to avoid racially discriminatory stops."
New York Times (Feb. 22, 2001): As more and more people seek legal advice and services online, the legal profession is facing a fundamental change, noted Professor Gillian Hadfield. "The source of value and market power is the difference between what lawyers know and what consumers know," she said. "Anything that makes consumers feel that they know more will reduce the demand for legal services."
Los Angeles Times (Jan. 23, 2001): There’s a reason for the extensive delays in the effort to extradite a fugitive Orange County doctor from Argentina for alleged crimes in connection with the 1994 University of California, Irvine, fertility clinic scandal, Professor Edwin Smith explained. "Fraud is complicated to prove, and prosecutors will have to prove fraud under Argentine law and under U.S. law," he said. "What looks like a simple violation of law to us doesn’t look so easy when asking another country to enforce our laws."
LA Weekly (Jan. 22, 2001): A board game designed to encourage children to reveal incidents of molestation and sexual abuse could foster false memories and damage a child’s credibility in court, according to Professor Thomas Lyon. "It is easy to imagine that a family-court judge would look very skeptically on allegations if it was found out that the child was playing the game," he said. "It creates this appearance of suggestion."
ABC’s "Good Morning America" (Jan. 11, 2001): Six-year-old Molly Nash, born with a rare form of anemia, received a life-saving blood transplant last fall from her infant brother, Adam — a child conceived in a test tube by Molly’s parents in an effort to save their daughter’s life. "It looks like they were using the child as a medicine cabinet," Professor Michael Shapiro commented, though he felt that the effort was acceptable under the circumstances.
Los Angeles Times (Jan. 10, 2001): Professor Michael Brennan discussed the conviction of four men found guilty of murdering an Anaheim woman — even though prosecutors did not know who pulled the trigger. "Laws provide authorities with wide leeway to prosecute suspects in gang-related shootings," said Professor Brennan. "Especially if they can prove the suspects were acting as part of a larger group."
Ha’aretz (Aug. 30, 2000): Professor Ehud Kamar contemplated reasons for a rash of recent Israeli business registrations in Delaware. "If the question is either Delaware or another state in the U.S., I suppose Delaware has the advantage, especially if a company is about to go public," he told Israel’s most prominent newspaper. "One thing is certain — American investors, who are very familiar with the laws of Delaware, see registration there as more advantageous than the registration of a company in Israel."
Minnesota Public Radio, "Marketplace" (Aug. 22, 2000): A California Supreme Court ruling upholding prenuptial agreements, even when just one party has a lawyer and the agreement waives spousal support, raised concern with Professor Ariela Gross, who saw the case as part of a dismal national trend. "What I see is a return to a very formalistic view of contract law that isn’t so interested in inquiring into the actual, realistic circumstances of how people enter into contracts and what their intentions are."
The Salt Lake Tribune (July 23, 2000): When police confiscated 3,500 hallucinogenic peyote buttons from a medicine man in the Native American Church (NAC) in Benjamin, Utah, questions arose over whether the peyote should be destroyed, returned to the medicine man or turned over to other members of the NAC who claimed the medicine man was an imposter. The squabble highlighted the difficulty police face in interpreting what use of peyote is "religious" enough to enjoy constitutional protection. "If originality or purity is the test" of a religion’s validity, said Professor Ronald Garet, "many religions will fail. Once a court is asked to adjudicate … it’s put into a position where it might run afoul of the First Amendment."
New York Times (July 16, 2000): It’s no coincidence that the push to abolish the estate tax came at a time when wealthy people are playing a larger-than-ever role in political campaigns, said Professor Edward McCaffery. The mere threat of a repeal of the tax is good for both Republicans and Democrats because "it keeps the campaign contributions coming in," he noted. "You don’t need a lot of people who care about this issue, because the people who care about it have a lot of money."
