Loyola in the News

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Loyola faculty members pride themselves on being accessible to the media and part of the public discourse on news of legal significance. Visit Loyola's Summary Judgments faculty blog to read faculty opinions on current legal issues. Highlights of recent media appearances and quotations include:

May 2018

 

Courthouse News Service – 05.16.18

RUSSIAN FIRM INDICTED BY MUELLER VOWS HARDBALL

Loyola Law School Professor Laurie Levenson meanwhile said things like that can happen...“I think people are reading a lot into those tea leaves,” she said in a phone interview.


KPCC-FM – 05.16.18

HOW THE SUPREME COURT SPORTS BETTING DECISION COULD SUPPORT THE CASE FOR SANCTUARY STATES

Aaron Caplan, who teaches constitutional law at Loyola Law School in Los Angeles, explains that the Supreme Court’s decision was not actually focused on the debate of whether sports betting should be illegal. It had more to do with how Congress wrote the law in question.


Associated Press – 05.15.18

STORMY DANIELS’ CROWDFUNDING RAISES TRANSPARENCY QUESTIONS (also featured on The Washington Post, San Francisco Chronicle, Talking Points Memo, U.S. News & World Report, Business Insider UK , Toronto Sun and many others)

Jessica Levinson, a professor at Loyola Law School, said it’s unusual but “not totally unheard of” for a lawyer to seek online donations to cover legal costs...“It does bring up some ethical concerns in terms of who is actually giving this money and whether they will try to exert influence,” said Levinson, who also is president of the Los Angeles City Ethics Commission.


The Washington Times – 05.15.18

STATES SUE OPIOID MAKERS, SAY DECEPTIVE TACTICS USED TO DOWNPLAY ADDICTION RISKS

Adam Zimmerman, a professor at Loyola Law School in Los Angeles who is tracking the cases, said manufacturers have cited a number of defenses, including compliance with federal regulations and providing full information to doctors about risks, and claim they aren’t responsible for government costs.


Ars Technica – 05.15.18

PLIMSOLL GEAR, WHICH SELLS T-SHIRTS WITH ICON, THREATENS TRADEMARK LAWSUIT

"The mark is undoubtedly generic in the nautical context and is being used in that capacity functionally to identify seaworthy ships and distinguish them from dangerous ones," Jennifer Rothman, a professor at Loyola Law School in Los Angeles, emailed.


Los Angeles Daily Journal – 05.15.18

SUPREME COURT VACATES RULING ON SHACKLING POLICY

"It was a stretch," said Laurie Levenson, a criminal law professor at Loyola Law School. "I don't think the court wanted to invest anything in the idea that you get your rights, but only by recommitting a crime."


KCRW-FM – 05.14.18

SUPREME COURT RULINGS AND ANOTHER RUDY GIULIANI MISSTEP

Loyola Law School, Los Angeles Professor Jessica Levinson discusses a Supreme Court ruling banning commercial sports gambling in most states and Rudy Giuliani’s comments that the president himself denied AT&T’s merger with Time Warner.


Leafly – 05.14.18

THAT SPORTS BETTING RULING JUST GAVE CANNABIS LEGALIZATION A BOOST

My Leafly colleague Ben Adlin covered this ground a couple months ago. Ben’s piece (When State and Federal Laws Conflict, Who Wins?) quoted Karl Manheim, a constitutional law professor at Loyola Law School in Los Angeles: “As is often the case in constitutional law, we have an equal and opposite constitutional command in the 10th Amendment, which says that states have a certain degree of autonomy and that Congress cannot commandeer state processes,” Manheim said.


Talk Media News – 05.13.18

PARTISAN GERRYMANDERING CASES BEFORE SCOTUS COULD RADICALLY ALTER AMERICAN POLITICS

Justin Levitt, a professor at Loyola Law School in Los Angeles and author of the All About Redistricting blog, suggested the Supreme Court faces a tough balancing act… “I think there’s plenty, in both cases, to support a ruling that guides the lower courts,” Levitt told TMN. He noted courts have struck down all or part of congressional district gerrymandering in five states, and courts redrew political boundary lines themselves in a dozen other states.


Associated Press – 05.13.18

CANDIDATES SPEND BIG IN CALIFORNIA LIEUTENANT GOVERNOR RACE (also featured on KPCC and New York Times)

"If it's her father, do we really believe that they didn't talk about messaging?" said Jessica Levinson, a Loyola Law School professor, although she said it doesn't appear Kounalakis has violated ethics rules.


TaxProf Blog – 05.13.18

ABA TAX SECTION MAY MEETING

Loyola Law School, Los Angeles Professor Ellen Aprill will be speaking at the ABA Tax Section May Meeting in Washington, D.C.


Daily Journal – 05.11.18

LOYOLA PROFESSOR NAMED TO NATIONAL LAW SCHOOL POST

Loyola Law School, Los Angeles Professor Sean M. Scott has been named associate director of the Association of American Law Schools, a post she will hold for two years starting in August. Scott said she hopes to use her time at the Washington, D.C.-based nonprofit to facilitate discussions among law schools and their faculty about the role new technology should play in legal education.


Volokh Conspiracy via Reason.com – 05.11.18

REAL PEOPLE, REAL HISTORY, REAL PROBLEMS

Loyola Law School, Los Angeles Professor Jennifer Rothman guest blogs for the Volokh Conspiracy on Reason.com on challenges arising from unchecked right of publicity. Excerpt: Even though courts recognize that the First Amendment still has a role to play in limiting right of publicity claims after Zacchini, they have come up with different, contradictory tests to resolve the conflict between free speech and the right of individuals to control when and how their identities are used by others. At least five different and irreconcilable tests have been developed in the lower courts.


CrimProf Blog – 05.11.18

MILLER ON BREAKING WINDOWS AS CORRECTIVE JUSTICE

Loyola Law School, Los Angeles Professor Eric Miller’s article “Breaking Windows as Corrective Justice: Impure Resistance in Urban Ghettos” is featured.


Roll Call – 05.10.18

OHIO PASSES BIPARTISAN REDISTRICTING BALLOT INITIATIVE TO CURB GERRYMANDERING

But Ohio Republicans aren’t confident they’ll maintain control over Ohio’s congressional seats, said Justin Levitt, who researches redistricting at the Loyola Law School… “Neither party knew who would be in control in 2020 drawing the maps,” Levitt said. “[The measure] takes a little bit of the gas out of the partisan gerrymandering process.”


Volokh Conspiracy via Reason.com – 05.10.18

THE MARKET IN DEAD PEOPLE

Loyola Law School, Los Angeles Professor Jennifer Rothman guest blogs for the Volokh Conspiracy on Reason.com on the publicity rights of “delebs.” Excerpt: Most people haven't spent much time pondering whether extending rights over a person's identity after death is a good idea, yet New York and Minnesota have both recently considered adding such rights.


The Christian Science Monitor – 05.09.18

AN UNPRECEDENTED EFFORT TO STEM OPIOID CRISIS – AND THE JUDGE BEHIND IT (also featured on Yahoo News)

“The court has no specific rules,” says Adam Zimmerman, an associate professor at Loyola Law School in Los Angeles. “It just has to kind of go on instinct of how to manage all these players with different interests in a settlement.”


San Francisco Chronicle – 05.09.19

CALIFORNIA COUNTIES JOIN NATIONWIDE LAWSUIT AGAINST OPIOID MANUFACTURERS (also featured on WRAL)

The plaintiffs in the opioids case are testing a new legal theory against drug distributors that has not been tried before in the courts, said Adam Zimmerman, a law professor at Loyola Law School who specializes in complex litigation… “The theory against distributors is novel because they’re saying, ‘You were in a position to see this problem and you’re not doing anything about it,’” Zimmerman said.


Federal Times – 05.09.18

WILL A CITIZENSHIP QUESTION DERAIL THE 2020 CENSUS?

Loyola Law School Associate Dean for Research Justin Levitt, however, cited the Census’s own recent findings on the public’s lack of trust in government negatively impacting responses to citizenship and immigration question testing.


Volokh Conspiracy via Reason.com – 05.10.18

ONLY ROBIN WRIGHT SHOULD OWN ROBIN WRIGHT

Loyola Law School, Los Angeles Professor Jennifer Rothman guest blogs for the Volokh Conspiracy on Reason.com on proposed legislation that would allow actors to transfer their image rights to others. Excerpt: Efforts to stop the reanimation of actors can also be addressed by current laws, or by laws focused squarely on that issue, or even with collective bargaining efforts. But turning people into IP is a dangerous business, and not just in dystopian movies.


KQED-FM – 05.09.18

WHAT'S SO WRONG WITH RECALLING JUDGES?

Loyola Law School, Los Angeles Professor Jessica Levinson explains the consequences of recalling a judge.


Election Law Blog – 05.09.18

TODAY’S MUST-READ: JUSTIN LEVITT’S TESTIMONY ON THE CENSUS ADDING THE CITIZENSHIP QUESTION

Loyola Law School, Los Angeles Dean for Research Justin Levitt’s testimony before the House Committee on Oversight and Government Reform is featured.


Law 360 – 05.08.18

IN PUBLICITY RIGHTS 'FEUD,' THE SHOW AIN'T OVER YET

“The practical concern was that the decision would bar unauthorized depictions of real people, whether famous actresses, civil rights heroes or politicians,” said Jennifer E. Rothman, a professor at Loyola Law School and an expert on publicity rights law. “This would provide a powerful tool of censorship and represent a sea-change in how Hollywood makes television series and movies.”


House Committee on Oversight and Government Reform – 05.08.18

PROGRESS REPORT ON THE 2020 CENSUS

Loyola Law School, Los Angeles Dean for Research Justin Levitt testifies before the House Committee on Oversight and Government Reform regarding the 2020 census.


USA Today – 05.08.18

LAWMAKERS AGREE TO ISSUE SUBPOENA FOR JUSTICE DEPARTMENT NO-SHOW REGARDING CENSUS QUESTION

Despite Gore's absence, Gowdy pushed to continue with Tuesday's session to hear from other witnesses, including officials from the Census Bureau, the Government Accountability Office and Justin Levitt, an expert at Loyola Law School in Los Angeles.


Courthouse News Service – 05.08.18

CONGRESSMAN THREATENS SUBPOENA OVER CENSUS QUESTION

Justin Levitt, a professor at Loyola Law School, told the committee that the last time the government included a citizenship question on the census, the public’s confidence in government was much higher. Adding a politically charged question like citizenship to the census in the current climate would be a mistake, he added...“If you add a toxic issue to a toxic climate, people won’t open the door,” Levitt told lawmakers.


Harvard Law Review Blog – 05.08.18

GOVERNMENT CLASS ACTIONS AFTER JENNINGS V. RODRIGUEZ

Loyola Law School, Los Angeles Professor Adam Zimmerman co-authors an article analyzing the Supreme Court’s recent decision in Jennings v. Rodriguez. Excerpt: The class in Jennings challenges the Government’s blanket refusal to give any class member a bond hearing to make his or her case for release—a decision that affects all of the plaintiffs in the same way.


Vox – 05.08.18

CYNTHIA NIXON CALLED MARIJUANA LICENSES A “FORM OF REPARATIONS” FOR BLACK PEOPLE. NOT EXACTLY.

“People don’t want to believe that they got their gains in an ill manner,” Eric Miller, a professor at Loyola Law School, told the Huffington Post in 2014. “The cognitive dissonance of learning that your property is got and preserved on the back of the misery of others is not an incredibly nice thing to live with. So people would rather discount it.”


Volokh Conspiracy via Reason.com – 05.08.18

IS PRIVACY DEAD?

Loyola Law School, Los Angeles Professor Jennifer Rothman guest blogs for the Volokh Conspiracy on Reason.com on the occasion of the release of her book, “Right of Publicity: Privacy Reimagined for a Digital World.” Excerpt: These early privacy cases remind us of what we mean when we talk about privacy. Privacy isn't about secrecy, it is about control. And always has been.


Los Angeles Daily Journal – 05.07.18

CALIFORNIA LAW GRADUATES SECURED LEGAL WORK AT HIGHER CLIP

Sean Scott, a Loyola Law School professor, also highlighted that most graduates of California law schools want to stay in the state, and the region is an attractive place for aspiring lawyers from other areas.


KCAL-TV – 05.07.18

TRUMP ADMINISTRATION TO SEPARATE CHILDREN FROM PARENTS CROSSING THE BORDER ILLEGALLY (also featured on KNX-1070 AM)

Loyola Immigrant Justice Clinic co-director Marissa Montes ’12 discusses the announcement that children of immigrants crossing the border illegally may be separated from their parents after their arrest.


Volokh Conspiracy via Reason.com – 05.07.18

THE RIGHT OF PUBLICITY―A MISUNDERSTOOD, MISSHAPEN, BLOATED MONSTER

Loyola Law School, Los Angeles Professor Jennifer Rothman guest posts on the right of publicity. Excerpt: “Perhaps worst of all, under many state laws, the right of publicity is treated as a fully transferable property right, meaning that your own name, likeness, and voice could be sold, given away, or taken by someone else―forever.”


KCRW-FM – 05.07.18

AS PART OF TRUMP'S LEGAL TEAM, WHAT IS RUDY GIULIANI UP TO?

Loyola Law School, Los Angeles Professor Jessica Levinson discusses Rudy Giuliani’s claim that Trump could invoke his Fifth Amendment constitutional right if Robert Mueller questions him.


Voice of OC – 05.07.18

WILL THE CA ATTORNEY GENERAL ACT ON THE JAILHOUSE SNITCH SCANDAL?

Perjury is a difficult crime to prove, said Laurie Levenson, a law professor at Loyola Law School who served on a panel of attorneys that called for state and federal investigations into the DA’s use of informants.


Voice – 05.07.18

THE CHANGER AND THE CHANGED

A study conducted by U.S. Court of Appeals Judge Arthur L. Alarcon and Loyola Law School Professor Paula M. Mitchell estimated that capital trials, enhanced security on death row and legal representation for capital defendants add $184 million to California’s budget every year.


KCAL-TV– 05.07.18

TRUMP ADMINISTRATION TO SEPARATE CHILDREN FROM PARENTS CROSSING THE BORDER ILLEGALLY (also featured on KNX-1070 AM)

Loyola Law School, Los Angeles Professor Laurie Levenson questions the Justice Department’s use of legislation designed to protect children from human trafficking to justify separating children from their parents who were arrested crossing the border illegally.


Volokh Conspiracy via Reason.com – 05.07.18

JENNIFER ROTHMAN, GUEST-BLOGGING ABOUT THE RIGHT OF PUBLICITY

I’m delighted to report that my friend (and former student) Prof. Jennifer Rothman (Loyola [L.A.] Law School) will be guest-blogging this coming week about the right of publicity.


Snopes – 05.07.18

DID ROSIE O’DONNELL ‘PLEAD INSANITY’ OVER ILLEGAL CAMPAIGN DONATIONS?

While the Post reported that FEC violations only rarely lead to penalties, Loyola Law School Professor Jessica Levinson said that it can depend on the jurisdiction. “For instance, some cities and states are much more aggressive about finding and fining people for these violations than others,” said Levinson, who focuses on campaign finance in her work: On the federal level, it is true that the Federal Election Commission is a model of inaction. I think it would be fair to say that fines are not common, but I’m not really convinced that these types of violations are terrifically common.


The Daily Iowan – 05.06.18

IOWA REDISTRICTING MODEL EFFICIENTLY REDUCES BIAS

Justin Levitt, an associate dean for research and professor of law at Los Angeles’ Loyola Law School, doubts whether the model would be as efficient if it was transplanted, citing Iowa’s relatively well-portioned and homogeneous population as being especially conducive to the system’s relative success.


Sentinel Source – 05.06.18

KEENE BOOK AUTHOR NO FAN OF THE PRESIDENT

Meanwhile, Professor Justin Levitt of Loyola Law School in Los Angeles conducted a comprehensive study of all votes cast in all primaries, general, special and municipal elections. He discovered voter fraud is incredibly rare. Between the years 2000 and 2014, only 32 — thirty-two — allegations turned out credible compared to the millions claimed by Trump.


KTAR-FM – 05.05.18

THE RIGHT OF PUBLICITY

Loyola Law School, Los Angeles Professor Jennifer Rothman discusses the right of publicity and her new book The Right of Publicity: Privacy Reimagined for a Public World.


Politico – 05.04.18

HOW GIULIANI'S REMARKS ON TRUMP AND STORMY DANIELS CHANGE THE LEGAL LANDSCAPE

“The strategy might be, let’s try to keep Cohen on the president’s side,” said Laurie Levenson, a former federal prosecutor who’s now a professor at Loyola Law School. “There’s going to be enormous pressure on Cohen. Cohen might end up pointing the finger back at the president. And while he’s said he’ll be loyal, at that point, loyalty only goes so far.”


Bloomberg – 05.03.18

DRUGMAKERS BALK NOW AT MULTIBILLION DOLLAR OPIOID ACCORD

The companies’ strategy is logical, said Adam Zimmerman, a professor at Loyola Law School in Los Angeles who specializes in mass tort litigation...“It would make no sense for the companies to start talking about money until the strength of those defenses are tested in court,” said Zimmerman, who isn’t involved in the case.


The Wall Street Journal – 05.03.18

TRUMP’S PAYMENT TO STORMY DANIELS RAISES CAMPAIGN-FINANCE QUESTIONS

But Mr. Trump would have had to report the loan if it was intended to sway the election, even if he first learned of it afterward, said Jessica Levinson, a professor at Loyola Law School in Los Angeles who specializes in election law...“If Trump and his campaign really had no idea what Cohen was doing or why, then you couldn’t put the burden on them to file an FEC report,” Prof. Levinson said. “But if Trump realized after the election and says, ‘Man, you really saved me in the election,’ ” then the campaign would have to report the loan.


Cal Matters – 05.03.18

HOW CALIFORNIA CANDIDATES USE THREE WORDS TO SWAY VOTERS

In high-profile races, where most people enter the voting booth with an opinion about the various candidates, the answer is probably not. But virtually every other contest aside from the presidential race is a “low-information election,” says Jessica Levinson, a professor at Loyola Law School in Los Angeles.


Los Angeles Daily Journal – 05.03.18

9TH CIRCUIT RULING ON MONTANA CAMPAIGN FINANCE LAW COULD HEAD TO U.S. SUPREME COURT

Jessica A. Levinson, a Loyola Law School professor who teaches about campaign finance and election law, noted that some of the disagreement at the heart of the case comes from the fact that the Supreme Court has narrowed the scope of acceptable campaign finance restrictions but has not given clear guidance about direct contributions.


KABC-AM – 05.02.18

DANIELS SUES FOR DEFAMATION

Loyola Law School, Los Angeles Professor Jessica Levinson anaylezes Stormy Daniels’ defamation suit against President Trump. Excerpt: “For some of these suits, there are really two purposes. One, it’s a backdoor way to try and litigate the truth of what Stormy Daniels’ said…The second purposes of the civil suit which is to try to get more “discovery” from the president.” 


The Hill – 05.02.18

THE MEMO: LEAK FUELS NEW MUELLER INTRIGUE

“It boils down to interactions with Russia; interactions with people who had Russian interactions; or interactions with people who investigated Russian interactions,” said Justin Levitt, a former deputy assistant attorney general in the Obama administration who is now a law professor at Loyola Law School, Los Angeles.


CNN – 05.02.18

HARVEY WEINSTEIN'S TOUGHEST FIGHT IS LOOMING

She largely refuses to do interviews, arguing that it only does a disservice to her clients. But as a panelist last week at a legal conference at L.A.'s Loyola Law School, Berk offered a window into the frustrating world of defending a man who has inspired a cultural shift in America.


Los Angeles Times – 05.01.18

COUNTY LEADERS APPROVE NEW WATCHDOG FOR PROBATION DEPARTMENT

"We can only get information through direct request to the sheriff or through the OIG — it's all voluntary," said Priscilla Ocen, a professor at Loyola Law School and member of the Sheriff’s Civilian Oversight Commission. "In a good 15% [of the cases] … that information is either delayed or incomplete, and in some cases we haven't gotten it at all."


CNN International – 05.01.18

IRAN TYPO, MUELLER INVESTIGATION AND OBSTRUCTION

Loyola Law School, Los Angeles Professor Jessica Levinson analyzes breaking news from the White House. Excerpt: “About a fourth of the questions get at ‘was there some kind of, for lack of a better way of describing it, conspiracy between the Trump campaign and the Russian government.”


TaxProf Blog – 05.01.18

SSRN TAX PROFESSOR RANKINGS

Loyola Law School, Los Angeles Professors Ted Seto and Katie Pratt rank in the Top 25 all-time SSRN downloads (through  April 1, 2018).


MSNBC – 05.01.18

MUELLER BOMBSHELL: NEW PLAN TO ASK TRUMP IF MANAFORT ASKED RUSSIANS FOR HELP IN 2016

Loyola Law School, Los Angeles Professor Jessica Levinson discusses new developments in the Mueller investigation. Excerpt: “I don’t think ultimately for Trump, this ends up with an indictment. I think it ends up in, ‘Is there enough here to put political pressure to say now you have to go through the lines of impeachment?”


KPCC-FM – 05.01.18

MUELLER’S QUESTIONS FOR PRESIDENT TRUMP AND WHAT THEY CAN TELL US ABOUT THE RUSSIAN PROBE

Loyola Law School, Los Angeles Professor Laurie Levenson examines the questions Special Counsel Robert Mueller wants to ask President Trump. Excerpt: "They are very open-ended which is dangerous for Trump because if he gives an absolute answer like I didn’t know anything, that is going to come back to bite him."