Griffin comments on the fate of athletes in legal trouble
While sports stars may be better represented, all the attention can mean they don't get off with small infractions, Prof. Lisa Griffin says. » The Business Insider

Havighurst examines effect of health insurance reform on private insurance plans
Health plans are already overregulated and are likely to become more so, Prof. Clark Havighurst writes. » American Enterprise Institute

Clotfelter examines longstanding tradeoffs in college sports
Prof. Charles Clotfelter finds that college athletics haven't changed much in 80 years. » The News & Observer

Rape and military culture
New examination cites Prof. Madeline Morris's 1995 Duke Law Journal article, "By Force of Arms: Rape, War, and Military Culture." » AlterNet

Linnartz discusses how immigration law changes are affecting local law enforcement
Using local officers in a measured way to prevent criminals from entering the country seems appropriate, Prof. Hans Linnartz says. » WPTF

Benjamin discusses a free-speech case heard by U.S. Supreme Court last week
"We protect speech that no other country protects," Prof. Stuart Benjamin says about the animal abuse videos in question. » WPTF

Cox comments on Bank of America sharing Merrill merger documents
This move "puts a lot of heat on the attorneys and the enforcement staff at the Securities and Exchange Commission," Prof. James Cox says. » Bloomberg

Brown comments on revelation that many Geithner aides worked on Wall Street
These aides bring knowledge, but could "further exacerbate the problem of our regulators identifying with Wall Street," Prof. Bill Brown '80 says. » Bloomberg

Richman discusses how the work of Nobel winner might help prevent another global economic crisis
"The one lesson from the financial crisis is that we have overconfidence in institutions that are important to the functioning of the economy," says Prof. Barak Richman, who completed his doctorate under Oliver Williamson's supervision. » The News & Observer

Bradley comments on N.C. ruling allowing felon to own guns
Fact that justice is gun dealer raises questions but doesn't violate ethics, Prof. Kathryn Bradley says. » The News & Observer

Richman represents NFL's coaches in Supreme Court amicus filing
An exemption from the antitrust laws, requested by the NFL, would stifle meaningful competition, Prof. Barak Richman says. » ESPN.com

Weisbord discusses the significance of the arrest of Idelphonse Nizeyimana
Nizeyimana's arrest shows how far the international justice system has come since the Rwandan genocide in 1994, Prof. Noah Weisbord says. » BBC, The World Today

Benjamin discusses Supreme Court case involving dogfighting video
"A key question in this case is whether the Supreme Court should create a new category of unprotected speech," Prof. Stuart Benjamin says. » Duke University Office of News & Communications

Blocher comments on Supreme Court case involving a cross on federal park land
"One of the hard questions here is whether we care about what a reasonable observer of the cross would think," Prof. Joseph Blocher says. » Duke University Office of News & Communications

Silliman comments on FBI sting operation tactics
Allowing an operation to play out to the very end may provide evidence necessary for a court case, Prof. Scott Silliman says. » Associated Press

Griffin discusses the use of videotaped evidence in court
Videos of the exchange of cash are strong evidence and can be admitted even though the informant is deceased, Prof. Lisa Kern Griffin says. » WRAL

Bradley compares Bush, Obama administration policies on foreign relations
Prof. Curtis Bradley comments on stance of both that certain laws cannot bind the president. » The New York Times

Baxter comments on federal judge's rejection of Bank of America settlement with SEC
Prof. Lawrence Baxter says judge's stated disapproval of executive actions "ought to send chills to alot of companies." » American Banker (subscription required)

Krawiec on collusion and price-fixing in the fertility industry
Prof. Kimberly Krawiec's paper observes that fertility clinics are rarely challenged about the artificially lowered compensation ova donors receive. » DoubleX

Cox calls plan to securitize and resell life insurance policy bonds "bittersweet"
"The sweet part is there are investors interested in exotic products," Prof. James Cox says. "The bitter part is it’s a return to the good old days." » The New York Times

A copyright black hole swallows our culture
As the European Commission evaluates Google's digital book scheme, Prof. James Boyle discusses the U.S. settlement. » Financial Times

Pitt, Patrikis, and Schwarcz discuss regulatory reform
Prof. Steven Schwarcz takes part in forum on financial regulatory reform along with former SEC Chair Harvey Pitt and former N.Y. Federal Reserve COO Ernie Patrikis. » Bloomberg

Cox comments on SEC's failure to uncover Madoff Ponzi scheme
SEC staff and supervisors “consistently demonstrated they were inexperienced, inept, and easily duped,” Prof. James Cox says. » Bloomberg

New faculty, visitors for fall 2009
New faces include esteemed scholars, a Jones Day litigator, and a Supreme Court justice.

Fleishman to be honored at Oct. 1 Founders' Day Convocation
Prof. Joel Fleishman will deliver the keynote address and receive the Duke University Medal for Distinguished Service. » Duke University Office of News & Communications

Bradley discusses increased use of the Alien Tort Statute
"Think of a troubled spot in the world, and it likely has given rise to alien tort litigation," Prof. Curtis Bradley says. » The Wall Street Journal

Brown '80 talks about his education, career, and teaching at Duke Law
"My goal is that my students will be better prepared for the legal and business world than students from any other law schools," Prof. Bill Brown says. » China.com

Cox named to Bipartisan Policy Center's new credit rating agency task force
Prof. James Cox will help support the congressional subcommittee working to reform credit rating agencies. » Bipartisan Policy Center

Silliman comments on Department of Justice investigation of interrogation abuses
Prof. Scott Silliman says prosecutor's mandate for interrogation is very narrow. » NPR

Griffin comments on Plaxico Burress's two-year sentence
Due to the attention these cases receive, both prosecutors and judges are attentive to the signals sent by prosecutions and sentences, Prof. Lisa Griffin says. » The Christian Science Monitor

Benjamin's Senate testimony concerning Akaka bill
Prof. Stuart Benjamin argued that Native Hawaiians are too broad and diverse to meet a constitutional definition of a tribe. » Indian Country Today

At Duke Law, writing matters
Legal writing program expands with new faculty, upper-level courses.

Are legal scholars doing their part?
Prof. Steven Schwarcz is lauded by Judge Richard Posner for offering academic insight into the legal dimensions of the economic crisis. » The Atlantic

Richman discusses unequal benefits of health insurance
Prof. Barak Richman's study of outpatient mental health use helps address broader question of what services health insurance should cover. » iTunes U (podcast)

Silliman comments on U.S. military targeting drug lords in Afghanistan
The drug traffickers are supplying money to the Taliban, perhaps buying weapons and sustaining them, Prof. Scott Silliman says. » PRI's The World

Cox discusses Madoff revelations
“It certainly does help the SEC’s case in the public eye to indicate the degree of fairly sophisticated subterfuge," Prof. James Cox says. » Bloomberg

Benjamin testifies before Senate Indian Affairs Committee
In his testimony, Prof. Stuart Benjamin says a bill allowing self-governance by Native Hawaiians tests the minimum requirements for what constitutes an Indian tribe. » Seattle Post Intelligencer

Weisbord lauds U.S. shift in position towards International Criminal Court
Visiting Assistant Prof. Noah Weisbord, who worked for the ICC chief prosecutor, says that the U.S. can help the ICC in important ways even if it does not join. » The Guardian

Fixing innovation policy
Duke Law scholars Stuart Benjamin and Arti Rai propose the creation of a White House Office of Innovation Policy.

Silliman comments on suspected North Carolina terrorist group
The influential rhetorical makes it understandable why homegrown terrorist groups come together, Prof. Scott Silliman says. » NPR

Brown comments on management changes at Bank of America
“What’s happening here is that the vultures are circling, and there are a lot of vultures,” Prof. Bill Brown says. » Bloomberg

Cox discusses SEC's quandary in policing rescued firms
With the government being a substantial stockholder, the SEC's consideration could extend to the financial success of the firm itself, Prof. James Cox says. » The Washington Post

Silliman urges caution on plan to house suspected terrorists
The proposal is "totally unprecedented" and would require congressional action to work, Prof. Scott Silliman says. » The News & Observer

How Judge Posner thinks
Dean David Levi's review of Judge Richard Posner's book on judicial decision-making is highlighted on The Faculty Lounge blog. » The Faculty Lounge

Can Obama sell healthcare?
Prof. Guy-Uriel Charles says it's a mistake for the president to appeal only to citizens' self-interests. » Politico

Schroeder approved by committee to head Office of Legal Policy
Pending confirmation by the full Senate, Prof. Christopher Schroeder will advise the U.S. attorney general on Justice Department policy and on legislation. » The Blog of LegalTimes

Why race still matters
Profs. Guy-Uriel Charles of Duke and Daria Roithmayr of USC say that life experiences and racial identity positively affect the decision-making process. » CNN

Haagen comments on states seeking sports betting to increase revenue
If Delaware and New Jersey officials succeed in their quests to open sports betting, Prof. Paul Haagen says he "would expect to see that kind of activity spread." » USA Today

Silliman comments Bush administration consideredation of military arrests for suspected Al Qaeda members
An American president has not deployed active-duty military on domestic soil in a law enforcement capacity since the Civil War, Prof. Scott Silliman says. » The New York Times

Silliman discusses possibility of U.S federal court trial for Mohammed Jawad
The government will probably charge Jawad quickly, which "means they are ready to go," Prof. Scott Silliman says. » The Washington Post

Judge Richard A. Posner tells Duke Law students how judges think
Posner's conversation with students in a class taught by Dean David Levi and Prof. Mitu Gulati -- transcribed in a recent edition of Duke Law Journal -- is highlighted on a law blog. » The Faculty Lounge

Professor Paul Haagen discusses a class action lawsuit about the commercial use of former NCAA players' likenesses
"What we’re going to have here is testing the appropriate limits of student waivers," Haagen says. » Inside Higher Ed

What Justice Ginsburg believes
Professor Neil Siegel challenges editorial comments regarding Justice Ginsberg's beliefs on Medicaid coverage for abortion. » The Washington Post

Professor Doriane Coleman discusses the practice of cultural backgrounds being considered as legal defense
Coleman says it doesn't make sense to permit defendants to perpetuate the "more regressive norms" of their home countries. » The Wall Street Journal

Looking back, looking ahead
Professor Neil Siegel reflects on last week's confirmation hearings for Judge Sonia Sotomayor. » ACS Blog

Feds indict chicken plant for deliberately hiring undocumented workers
Professor Lisa Griffin notes that indicting a company is generally a sign that the government found widespread problems. » The Charlotte Observer

Structuring U.S. innovation policy: creating a White House Office of Innovation Policy
In a new report for the Information Technology and Innovation Foundation, Professors Stuart Benjamin and Arti Rai propose regulatory protection for innovation. » ITIF

Yes, the justices indeed 'make law'
Professor Neil Siegel offers perspective on the work of judges in his op ed; he also is blogging through Judge Sonia Sotomayor's confirmation hearings. » The News & Observer

Professor James Boyle offers a sneak peek at his new comic book
The co-authored book, to be published later this year, explores the history of music, ownership, and technology. » The Public Domain Blog

Jury trials: In favor
Professor Neil Vidmar argues that jury trials enhance public credibility of verdicts and turn jurors into better citizens. » eJournal USA

Professor Madeline Morris crafts comprehensive legal framework for counterterrorism detention
Morris has provided a copy of the draft Counterterrorism Detention, Treatment, and Release Act to executive branch agencies. » Duke News & Communications

Professor James Cox describes how Ponzi schemes work
"These are affinity crimes," Cox says of smaller Ponzi schemes which are more common than Madoff-size cases. » The Boston Globe

Who wrote the works of Shakespeare?
Professor James Boyle, who based a novel on the subject, discusses the centuries-old controversy. » RadioWest

Senior Lecturing Fellow Hans Linnartz discusses immigration law
Linnartz '80, who practices immigration law, comments on a proposed Arizona law that would criminalize unlawful presence as a state trespassing violation. » WPTF

Professor Doriane Coleman comments on lawsuit against Jonesville, N.C. police
Police departments have an obligation to protect the public at large, but do not serve as our personal security forces, Coleman says. » Winston-Salem Journal

Professor Bill Brown comments on Wall Street campaign to counter backlash against bankers
“The best P.R. comes from doing good, not from having to manage your image,” Brown says. » Bloomberg

The Supreme Court Breakfast Table
Professor Walter Dellinger joins Linda Greenhouse and Dahlia Lithwick to discuss issues raised by cases remaining on the court's docket. » Slate

Burden of responsibility for new era reg compliance ultimately will fall on IT
Improving risk management and transparency systems is likely to be an extremely expensive proposition, Professor Lawrence Baxter writes. » Bank Systems & Technology

Professor Bill Brown calls Obama's plan to harmonize securities and futures regulations "business as usual in Washington"
Not merging the Securities and Exchange Commission and Commodity Futures Trading Commission is a “big mistake,” Brown says. » Bloomberg

Professor Lawrence Baxter discusses proposed regulations for the financial sector
"Up until now, there has not been an adequate focus on systemic risk," Baxter says. » Southern California Public Radio

Remembering Judge Robinson Everett '59
Photos, stories, video, and a memory page pay tribute to a Duke Law icon. » In Memoriam

Professor James Cox comments on Dell's refusal to disclose layoff numbers from its Winston-Salem plant
There are no requirements for publicly traded companies to disclose layoffs, Cox says. » The News & Observer

The Honorable Robinson O. Everett, 81
Beloved professor served on the Duke Law faculty for 51 years and was a member of the Class of 1959.

Burden of truth
In a feature where Duke experts imagine our world over the next quarter-century, Professor James Coleman writes about the possible future of lie-detection devices. » Duke Magazine

Senior Lecturing Fellow Jeffrey Coyne '79 comments on General Motors restructuring plan
"You can't form new GM, which has never transacted business before, and sell the assets (of existing GM) and then sell the net tax benefit to the new company," Coyne says. » TheStreet.com

Justice Souter's conservatism
Souter leaves behind a legacy of judicial conservatism that remains much needed today, writes Professor Ernest Young. » ACS Blog

Professor Guy-Uriel Charles comments on Norm Coleman's appeal of Minnesota Senate race election results
“Generally, election law is not terribly conducive to broad fishing expeditions,” Charles says. » Politico

Senate recount: A Supreme Court grilling
Professor Guy-Uriel Charles comments on the Minnesota Supreme Court's consideration of the disputed Senate race between Norm Coleman and Al Franken. » Minneapolis Star-Tribune

Voting rights case could result in radical ruling from high court
Striking down of Section 5 of the Voting Rights Act would move voting rights policy into the 21st century, Professor Guy-Uriel Charles writes. » The Atlanta Journal-Constitution

Sotomayor may have some unlikely allies to answer gun critics
Professor Neil Siegel says that the Supreme Court nominee's recent ruling on firearms -- in which she was joined by fellow appeals judges -- shows respect for the authority and hierarchy of the federal court system. » Bloomberg

The 'unseen' deserve empathy, too
Visiting Professor John Hasnas '78 writes that calling on judges to be compassionate or empathetic asks them to inappropriately favor the seen over the unseen. » The Wall Street Journal

Why government regulators need corporate 'boot camp'
Professor Lawrence Baxter says regulators should be trained within the financial institutions they regulate. » The Washington Post -- The Hearing

The Public Domain: Professor James Boyle’s latest book wins 2008 McGannon Award
Prize honors social and ethical relevance in communications policy research.

Corporate law scholar to join Duke faculty
Kimberly Krawiec’s expertise includes corporate and securities law, derivatives, “rogue” trading, and unconventional markets.

A golden opportunity to revamp the Voting Rights Act
If the Supreme Court strikes down a key provision of the Voting Rights Act, Congress could be forced to bring voting rights policy into the 21st century, argues Professor Guy-Uriel Charles. » Los Angeles Times

Obama's proposed Guantanamo legal plan rife with problems
Professors Madeline Morris and Scott Silliman say many questions remain about the president's plan regarding detainee trial and continued incarceration. » The Olympian

Obama revives Guantanamo tribunals
Professor Madeline Morris says that repealing contentious rules won't solve problems with military commissions. » NPR

Shifting the burden for hearsay evidence
Professor Scott Silliman explains the administration's approach to hearsay evidence in restarted Guantanamo military commissions and how it differs from the military court-martial system. » The Atlantic

Professor James Cox comments on SEC scrutiny of former Countrywide Financial chairman and chief executive Angelo Mozilo
“It’s the standard Watergate question - who knew what and when did they know it,” Cox says. » The Sunday Times

Court-martial-like commissions best Guantanamo option
Professor Scott Silliman says the revised commission system includes substantial due process rights and will be portable and efficient. » The Baltimore Sun

Easley took free trips
Professor Lisa Griffin describes how prosecutors can build a legal case against former N.C. Gov. Mike Easley. » WTVD

Woman in rendition case sues for immunity
Professor Curtis Bradley explains the legal limits to claims of consular immunity. » The New York Times

White House reverses decision on abuse photos
Professor Scott Silliman says the president is supporting commanders in pledging to fight photo release. » NPR

U.S. regulators seek trace-like reporting for OTC derivatives
Professor James Cox calls proposed new reporting and transparency requirements for over-the-counter derivatives "the best Wall Street can hope for." » Bloomberg

Courts martial are last plausible model for Gitmo
Professor Scott Silliman writes that the military justice system balances security and due process. » Philadelphia Inquirer

Professor Scott Silliman comments on U.S. military program allowing Pakistani officers significant control over routes and targets of Predator drones
"The key is you've got to have the approval of the host government," Silliman says. » Los Angeles Times

The FCC and local TV
Professor Stuart Benjamin says that the Supreme Court's approval of FCC fines for "fleeting expletives" could have serious consequences for local broadcasters. » The News & Observer

Dean David F. Levi moderates a panel at the 3rd Circuit Judicial Conference on preparing law school grads for life after graduation
Levi says that while law schools are currently facing a very uncertain time, they're also in the midst of a time of "ferment and innovation." » Law.com

Size really does matter
Professor Lawrence Baxter argues that companies deemed "too big to fail" are, in fact, too big to manage. » The Baseline Scenario

Can antitrust laws break up big banks?
Visiting Assistant Professor Zephyr Teachout calls for strengthened antitrust law to prevent banks from becoming too big to fail. » Marketplace

Reaction to Souter retiring, nominee selection
Professor Stuart Benjamin, a former clerk to Justice David Souter, calls him "an utterly genuine person who ... never got seduced by the idea of holding onto power and exerting power." » Kansas City Star

Replacing Justice Souter
Professor Walter Dellinger -- quoting Professor H. Jefferson Powell -- observes that good judges possess both candor and humility in their approach to decision making. » The Washington Post

Professor James Coleman discusses a handwriting review in the Kalvin Smith case
A recent analysis suggesting that Smith wrote his own statement speaks to the credibility of one witness and is a "crack in the armor" of the police detectives' story, Coleman says. » Winston-Salem Journal

Professor Scott Silliman discusses Obama's mark on U.S. foreign policy in his first 100 days in office
Ordering the closing of Guantanamo signaled that things were going to be different under the new administration, Silliman says. » NPR

Dean David F. Levi discusses the 34-year career of Supreme Court Justice John Paul Stevens
Levi notes the justice's ability "to turn his lonely dissents into majority opinions in the fullness of time." » Los Angeles Times

Professor Lisa Griffin explains the legal dilemma former governor Mike Easley may face due to personal use of an SUV
Under a broad statute for determining deprivation of honest service, all you need is a benefit conferred, Griffin says. » WTVD

Courtside seats a tax deduction we can live without
Professor Richard Schmalbeck questions the practice of businesses deducting entertainment expenses. » The Atlanta Journal Constitution

Professor Bill Brown comments on financial institution stress tests
"For us to sort out the banks, we need a level of transparency," Brown says. » CNBC

Professor Bill Brown comments on the possibility of distressed banks being required to disclose plans for securing additional funds
Brown says it is critical for banks to be transparent about how they will raise capital. » Bloomberg

Presidential picks deserve a vote
Professor Walter Dellinger cautions against Senate fillibustering for presidential nominees to cabinet and subcabinet posts. » The Wall Street Journal

Rights case gone wrong
Professor Curtis Bradley and Jack Goldsmith examine a recent federal court ruling allowing companies that did business with apartheid South Africa to be held liable for the country's human rights violations during that period. » The Washington Post

Professor Christopher Schroeder considered for Department of Justice position
Schroeder rumored to be the leading candidate to head the Justice Department’s Office of Legal Policy. » The Blog of LegalTimes

Professor James Cox comments on the Eighth Circuit's ruling backing investors in a lawsuit over mutual-fund fees
Cox says it's too early to say if the ruling coupled with the Supreme Court's decision to hear a fund-fees case is the start of a trend, but calls activity "encouraging." » MarketWatch

Better safe than sorry?
Professor Jonathan Wiener discusses the precautionary principle as applied to U.S. and European regulation of chemicals and mad cow disease. » NPR

Nice fight, Norm, but it's over
"A good lawyer should know when further litigation is fruitless, and a good politician should abide by the same guiding principle," writes Visiting Professor Guy-Uriel Charles. » Minneapolis Star Tribune

Professor Lawrence Zelenak discusses the history of the tax code
"How people feel about paying taxes is intimately bound up with how they feel about what the government is doing with the money," Zelenak says. » The State of Things

Professor Paul Haagen comments on NCAA merging two USC investigations
Combining the Reggie Bush and O.J. Mayo inquiries "raises the possibility that there are systemic problems, and if there are systemic problems, then the penalties are more serious,” Haagen says. » The New York Times

When to retire a justice
Professor Paul Carrington says "life tenure" for justices hurts the Supreme Court. » The New York Times

Sen. Ted Kaufman comments on abusive short selling
Kaufman says that removal of the uptick rule has led to some of the problems. » MarketWatch

Supreme Court needs term limits, minimum caseloads
Professor Paul Carrington writes that the law governing the Supreme Court is in serious need of reform. » The Atlanta Journal Constitution

A business deduction that soaks taxpayers
Professors Richard Schmalbeck of Duke and Jay Soled of Rutgers call for a repeal of the business entertainment expense deduction. » The Philadelphia Inquirer

One system, two realities
Professor James Coleman puts the attorney general's decision to vacate charges against former Sen. Ted Stevens into the larger context of wrongful convictions. » The Huffington Post

A day in the life of Rep. Deborah Ross
The Independent Weekly follows Rep. Deborah Ross, a senior lecturing fellow at Duke Law, through her day to produce a photo essay. » Independent Weekly

Professor Walter Dellinger remembers John Hope Franklin
It was not just what he did but how he did it that marked his greatness, Dellinger writes. » The Washington Post

Professor Jedediah Purdy's "A Tolerable Anarchy" reviewed
Reviewer Chuck Leddy calls the book "an important contribution to American intellectual history." » Christian Science Monitor

Professor James Cox says too many "Larry, Moe & Curly accounting firms” are now auditing money managers
“While we made progress with accounting for reporting companies, we have not with investment advisers," Cox says. » Bloomberg

Professor James Cox calls lower performance goals to justify executive bonuses "revolting"
"These machinations that are being used just breed cynicism and distrust to the whole system," Cox says. » The Washington Post

“A Tolerable Anarchy” by Professor Jedediah Purdy reviewed by former U.S. Sen. Gary Hart
Hart calls the book "an idea-packed sandwich." » The New York Times

American freedom
Professor Jedediah Purdy discusses his new book, A Tolerable Anarchy: Rebels, Reactionaries, and the Making of American Freedom. » WUNC

Professor Madeline Morris comments on the Obama administration dropping the term "enemy combatants"
They're recognizing a right to detain that is not governed by existing laws of war and will need to be articulated, Morris says. » Pro Publica

Professor James Cox comments on Pennsylvania swaps crisis
"So many of these derivative instruments are totally synthetic; there's no way the risk can be monitored or even known," Cox says. » Lancaster Online

Professor Christopher Schroeder comments on President Obama's policy towards signing statements
“I think there’s value to signing statements,” Schroeder says. “It’s just that the device can be misused, and I think it was way overused and misused.” » Politico.com

Rulings diminish Norm Coleman's recount chances
Professor Guy-Uriel Charles characterizes Coleman's current chances as "very slim." » Minneapolis Star Tribune

U.S. Supreme Court to hear case of fund company accused of charging excessive fees
"It's very significant because mutual funds are now the investment vehicle of choice for most American investors," Professor James Cox says. » Los Angeles Times

Want to rebuild the economy? Ask an engineer
Sen. Ted Kaufman suggests that the financial crisis may benefit America if we take steps to lead the world again through innovation. » Real Clear Politics

Professor Guy-Uriel Charles comments on the reaction of Norm Coleman's lawyers in U.S. Senate seat lawsuit
Accusing the judges hearing the suit of creating "a legal quagmire" is "kind of like criticizing the official ... during the middle of a game," Charles says. » Minneapolis Star Tribune

Declassified memos provide a look into Bush policies
Professor Christopher Schroeder calls the overturning of numerous opinions on executive power by the outgoing Bush administration "absolutely unprecedented." » NPR

Memos reveal the scope of the power Bush sought
Professor Walter Dellinger comments on newly-released Bush administration memos on executive power. » The New York Times

Finally, a bridge to somewhere
Professors James Cox, Bill Brown, and Lawrence Baxter offer three principles to guide actions in restoring the financial system. » The Huffington Post

Professor James Cox comments on UBS pensions in Puerto Rico
“I’ve never seen such a blatant series of conflicts of interest,” Cox says. » Bloomberg

Misunderstanding open science
Professor James Boyle says a proposed law would "eviscerate public access to taxpayer research." » Financial Times

Group of prominent law professors propose limiting justices' terms and powers
Professor Paul Carrington, organizer of the group, says he is not particularly optimistic that the proposals will fare well until "someone invests his or her career on the issue." » The Washington Post

Professor James Cox comments on outlook for those suing feeder funds in the Madoff scam
Success in these cases will depend heavily on getting access to the feeder funds' records, Cox says. » The Washington Post

Professor James Cox comments on SEC staff replacements
“A person familiar with the internal operations of a universal bank will be extraordinarily useful," Cox says of potential candidate Robert Khuzami. » Bloomberg

Stray questions for: Jedediah Purdy
Purdy shares what he has been working on and recommends a few books to read. » The New York Times

Professor Sara Beale's research cited
The public's impression of the effectiveness of the court system comes primarily from media coverage and there is evidence that media sensationalization of unusual, violent cases is on the increase. » Vancouver Sun

International Criminal Court issues warrant against its first sitting head of state
Visiting assistant professor of law Noah Weisbord says that the Court "may have discovered a way to leverage their force and advance the cause of international justice." » International Herald Tribune

Professor Scott Silliman comments on dilemma of Bagram prison
Extending habeas protection to a detention center besides Guantánamo Bay theoretically opens a door to any detention center by the United States anywhere else in the world, Silliman says. » The Christian Science Monitor

Professor Jane Wettach argues access to schooling case in N.C. Court of Appeals
Not allowing two teenagers to attend an alternative school during their long-term suspension violated their rights to an education, Wettach says. » The News & Observer

Professor James Coleman comments on North Carolina proposal to fix the probation system
Allowing random searches by probation officers would create a class of citizens without Fourth Amendment rights, Coleman says. » The News & Observer

Professor Paul Carrington explains drafted legislation for Supreme Court reform
"All four proposals are reasonable and not reckless," Carrington says. » The National Law Journal

To stimulate economy, Obama should revive Reagan-era initiative
“Simply pushing money into the economy via infrastructure projects, no matter how well intentioned, is not the answer,” Professor Bill Brown says. » Duke University Office of News & Communications

Professor Michael Tigar comments on case of fleeing robber scaring a woman to death
Prosecutors must show that what happened inside the home actually caused the woman's death, Tigar says. » WRAL

Professor Scott Silliman explains steps being taken to close Guantanamo
It was important that the military commissions at Guantanamo Bay be suspended so that there would never be a problem with double jeopardy, Silliman says. » CNN's The Situation Room

Professor Stuart Benjamin comments on proposed state legislation regarding slanderous web postings
Benjamin explains the legal and practical hurdles the legislation will face if it moves forward. » WRAL

Fed keeps financial lifeline for banks in place
Professor Bill Brown expects continued government assistance until lending levels rise. » Marketplace

Sen. Ted Kaufman takes office
Kaufman will serve on the Foreign Relations and Judiciary Committees. » The New York Times

Sunk by securitization
Professor Steven Schwarcz helps to explain what unraveled the securitization market. » Time

With the closing of Guantanamo, what happens next?
Professor Scott Silliman says administration should consider military courts martial for trying detainees. » NPR

Professor Christopher Schroeder comments on Obama's detainee policy overhaul
Obama's action "signals that he thinks his executive authority is less expansive in the area of overriding statutes, ignoring international law and creating full-blown adjudicatory systems," says Schroeder. » McClatchy Newspapers

Associate Professor Jedediah Purdy considers community
"The old idea of community–geographic, racial, and civic–was of non-optional membership," Purdy says. "Today’s version is all about options: We create ties with what moves us." » Democracy Journal (free subscription required)

Professor James Cox comments on SEC review of Apple over Jobs' health
"The good news flipped by the bad news makes one wonder what Apple knew," Cox says. » Newsday

Community in Barak Obama's America
Associate Professor Jedediah Purdy examines the community described in the President's inaugural address and the community built during his campaign. » Talking Points Memo Cafe

Professor James Cox comments on Bank of America's responsibility to report talks with government officials
The mandatory disclosure laws aren't all that mandatory and the SEC can be lax on enforcement, Cox says. » Charlotte Observer

Visiting Professor Guy-Uriel Charles comments on contested Minnesota Senate race
"I think the court needs to quickly establish who's in control here," Charles says. » Minneapolis Star Tribune

'Chain of custody' key in Bonds' case
Professor Lisa Griffin comments on evidentiary challenges to positive BALCO drug tests that prosecutors say prove that Barry Bonds used steroids. » Yahoo! Sports

How much should judges make?
"The country wants and deserves the strongest possible judiciary, and we should be willing to pay for that,” Dean David F. Levi says. » The New York Times

Kaufman sworn in to Biden's Senate seat
Ted Kaufman has taught at Duke Law School since 1991. » Washington Post

Where do detainees go when Guantanamo closes?
Professor Scott Silliman discusses the challenges involved in closing the prison. » NPR

Professor Bill Brown helps to decode the phrase "term auction facility"
"We should be worried that the Fed is exploding its balance sheet," Brown says. » Marketplace

Purging the urge to merge
Professor Bill Brown warns that mergers often don't solve internal problems, but the reason for a merger can predict the eventual success or failure of a law firm. » Entrepreneur.com

Professor Jedediah Purdy's new book called "a tour de force of engaged political philosophy"
A Tolerable Anarchy: Rebels, Reactionaries, and the Making of American Freedom examines America's ideology of freedom. » Publishers Weekly

Professor Stuart Benjamin comments on Obama's pick to lead the Office of Information and Regulatory Affairs
Cass Sunstein is someone "who has thought deeply about the best way to engage in cost/benefit analysis," Benjamin says. » Bloomberg

Professor James Boyle encourages rethinking intellectual property rights
Bad intellectual property policy unnecessarily locks up our cultural heritage, Boyle says. » FLYP

Professor Bill Brown discusses credit default swap regulation
"It's a great financial innovation," Brown says. » Marketplace

Professor James Coleman comments on Georgia case
By failing to secure legal representation for a man facing capital charges, the state has violated the man’s constitutional rights and undermined his chances of receiving a fair trial, Coleman says. » The New York Times

Professor William Reppy comments on Wake County dog biting case
Nearly every state has a death penalty for dogs, triggered by a second or third offense, Reppy says. » The News & Observer