Announcing the 2009 Law Review Symposium: The Intersection of Media and the Law

Just when does government regulation of the media go too far? Or, does it ever not go far enough? Even if a particular regulatory act is constitutional, is it prudent?

The 2009 Law Review Symposium is set to answer these questions October 9 – 10, 2009 on the Regent University campus in Virginia Beach, VA. Law Review Editor in Chief, Benjamin Eastburn, commented on the forum topic’s timeliness:

“We chose ‘Media and the Law’ because of its seemingly universal presence in political discussions and news stories over the past year,” he said. “People have heard a lot about the Fairness Doctrine, television and internet regulation, et cetera. Discussion on these topics is necessary to inform the legal community on the difficult questions our symposium poses.”

The weekend begins on Friday at 6:30 p.m. with a kick-off banquet featuring special guest Judge Andrew P. Napolitano.

Judge Napolitano, former New Jersey Superior Court Judge, serves as FOX News’ senior judicial analyst. He joined the network in 1998, has hosted television and talk radio shows, and is currently the host of FOX’s Freedom Watch.

The discussion continues Saturday morning with the Distinguished Symposium Panel on Media and the Law at 9:30 a.m. Congressman Trent Franks (AZ-2), a high-profile sponsor of numerous bills designed to protect the family, including the "Child Obscenity and Pornography Bill,” will moderate the panel which includes the following media and law experts:

  • Asst. Prof Marvin Ammori of the University of Nebraska College of Law and General Counsel of Free Press. Ammori is a legal scholar and advocate expert in cyberlaw, the First Amendment, and telecommunications policy. Read about his accomplishments in these fields here.

  • Prof. Christine A. Corcos of the Louisiana State University Law Center. Corcos currently teaches in the areas of media law, entertainment law, computers and the law, and tort law, and also researches and writes in the areas of First Amendment law, legal history, and law and popular culture. Read about her vast experience here.
  • Asst. Prof. Adam Candeub of Michigan State University College of Law. Candeub’s scholarly interests focus on the intersection of regulation, economics, and communications law and policy. Prior to his position at MSU, he was an attorney-advisor for the Federal Communications Commission in the Media Bureau. Read about his expertise here.
  • Prof. Lili Levi of the University of Miami School of Law. Levi’s scholarship focuses primarily on communications and media law. Before joining the faculty at Miami School of Law, she was Broadcast Counsel with CBS, Inc. Read more about her contributions to the legal field here.

“Although we have a general outline for the panel discussion, it is very flexible and can be readjusted midstream to accommodate the areas the panel wishes to explore,” Eastburn said. “Our guests represent the entire gamut of viewpoints on media and law issues, and the panel promises to be a great forum for ideas.”

There’s still time to register for this important event sponsored by the Regent University Law Review and the Federalist Society.

Visit www.regent.edu/symposium for more information or email symposium@regent.edu with questions.

Law Student Tours Guantanamo Bay During JAG Internship

This past summer, Regent 2L Terah Gaertner was privileged to attend three-days of training at Guantanamo Bay, Cuba as part of her U.S. Army Judge Advocate General’s Corps (JAG) internship.

She spent most of her summer internship at Fort Monroe in Hampton, Virginia where she drafted memos, researched law, and observed court proceedings at Langley Air Force Base and the Federal Magistrate Court. “I was immersed in issues ranging from DUI cases, to ethics issues, to the law of war and what the military must do legally in order to apprehend a perceived hostile,” said Gaertner.

The highlight of her internship, however, was an invitation from the Office of the Judge Advocate General in Washington, D.C., to travel with a select group of students to Guantanamo Bay.

Selected JAG interns from D.C., Maryland, and Virginia took three days to tour the facilities and learn about the base’s military operations. They spoke with doctors, lawyers, translators, guards, and high-ranking military officials. They also teleconferenced with Justice Crawford, who was appointed by Secretary of Defense Robert Gates as the convening authority for the Guantanamo military commissions.

“I learned more in those three days than I can articulate in this short article,” said Gaertner. Her days were packed with informative lectures and activities designed to both encourage students to think seriously about JAG upon graduation and to inform their perspective on “Gitmo.”

“The detention facilities at Gitmo have received a lot of negative press recently,” she said. “In the past few years the military has made changes in order to give detainees a better quality of life and is working hard to balance national security with respect for human dignity.”

Through conversations with detainees’ doctors (who also give care to the men and women who are stationed at the base), Gaertner gained insight into the complicated task facing those who care for detainees under the eye of a watchful media.

While gaining this firsthand experience on internationally debated issues, Gaertner familiarized herself with the history and purpose of the base. The primary mission of Guantanamo Bay, she learned, is to serve as a strategic logistics base for the Navy’s Atlantic Fleet and to support counter drug operations in the Caribbean.

According to Gaertner, however, the most important lesson she learned at Guantanamo was that there are two sides to every story.

“One must be careful when judging leaders, as they usually face pressures and process information we as the general public are not privy to,” Gaertner said. “I have taken my responsibility to pray for leaders to be men and women of integrity and solid moral character more seriously since my time at the base.”

Gaertner plans to write a student note for the Regent Journal of Law and Public Policy based on the familiarity she gained with issues that face this strategic and hotly contested detention base.

Practical Prosecution: Trial Ad Board Hosts Seminar with Commonwealth’s Attorneys

Thursday, September 17, 2009, Regent’s Trial Advocacy Board hosted its first Trial Practice Seminar of the year. Aiming to orient students to all aspects of prosecuting cases, the seminar explored both the theoretical and practical decision-making strategies of prosecutors.

Three Commonwealth Attorneys were the guests of honor: Chesapeake’s Nancy Parr, Newport News’ Howard Gwynn, and Virginia Beach’s Harvey Bryant. The notable figures spoke to students on a wide array of criminal justice topics.

“Regent students were fortunate to have the expertise of three elected Commonwealth Attorneys,” said Andrew Page, Chairman of the Trial Advocacy Board. “These are the attorneys who present the biggest and most controversial cases. They also have the responsibility of representing the large number of citizens who voted them in.”

The night was a great success, giving students answers to important practice questions such as: What standard do prosecutors use when deciding to bring a case? When should a prosecutor decide to offer a plea agreement? What is it like, morally and professionally, to ask a jury to give a defendant the death penalty? And what is the relationship between prosecutors and the defense bar?

Page said that the Board seeks to reach out to the Hampton Roads legal community so that Regent students may benefit from practical development and be prepared to enter Hampton Roads courtrooms.

Many students benefit from the relationship this type of event provides. The attorneys at the seminar complimented Regent students and graduates for their work in the Commonwealth's Attorneys offices, both as interns and as Assistant District Attorneys. They admonished Regent to continue sending students to their offices as Regent stresses moral and ethical legal practice.

More information about Regent’s Trial Advocacy Board can be found on its webpage.

Law Professors in the News

Law Professor Brad Jacob took part in a panel discussion interview for Enrichment Journal, a print publication for Assemblies of God ministers, on legal issues facing the church.

Law Professor Lynne Marie Kohm continued her ongoing discussion of the case of Rifqa Barry with CBN News last Tuesday. Barry, an Ohio teenager, fled to Florida because she feared reprisals from her family for converting from Islam to Christianity.

Speak at Your Own Risk!

Each year the University Library, in partnership with the Law Library and the Office of Student Services, presents an informative panel designed to give students a deeper appreciation for the Constitution and its impact on current events.

The 5th Annual Constitution Day on September 17th addressed the issues of freedom of expression and new developments in first amendment interpretation.

The following distinguished guests spoke from their expertise on the topics, including discussions on the first amendment and the press, journalism, the internet, and legal obligations:

  • Admiral Vern Clark (Retired Chief of U.S. Naval Operations)
  • Dr. Bruce Swaffield (School of Communications and the Arts)
  • Professor James Duane (School of Law)
  • Wendy Griffith (co-anchor of CBN News)
  • Professor Lynne Marie Kohm (School of Law)

“My goal is to help develop an exciting, informational and inspirational event for the campus community that will help the library stay at the core of academic life on campus,” said Sara Baron, Dean of the University Library. Past Constitution Days themes have included “Can the Constitution Survive the Threat of Terrorism?” and “The Wisdom of Keeping Quiet on Important Issues During Confirmation Hearings.”

For an insider’s perspective, visit Professor Kohm’s blog of the event .

Founder of Public Interest Legal Advocates of Regent Speaks to Group

“Corporate Law. Business Transactions,” laughed Lisa Rothwell-Copeland, “These aren’t bad words!”

A group of students interested in public interest law gathered last Friday to hear from Rothwell-Copeland, a successful public interest advocate who founded Public Interest Legal Advocates of Regent (PILAR) as a 1L in 2001.

Today, PILAR has grown to a membership that includes over one third of the student body. Rothwell-Copeland returned to encourage all students that in the depressed economy there is a huge need for public interest lawyers. She also reminded those gathered that the desire to be a corporate attorney is not a bad thing. “No matter what your expertise or chosen field,” she said, “there are always pro-bono clients in need of your service.”

Like many Regent students, Rothwell-Copeland came to Regent to pursue a legal career that benefits under-represented populations. She now primarily deals with family law cases in rural Ohio.

Nationally, no more than 2.5 to 3 percent of law school graduates go into public interest work. Regent, however, annually places graduates in public interest positions at two to four times that rate.

Rothwell-Copeland’s is proud of how PILAR has established itself so quickly. The organization seeks to network students with community organizations, prepare students to fight inequality, and raise awareness of and funds for public service causes. In the last two years, its annual auction raised nearly $14,000 for students who were to take unpaid public service internships over the summer.

For more information about PILAR, visit www.regent.edu/pilar or contact pilar@regent.edu.

Regent Law Chapel Welcomes Joel Rosenberg

Joel Rosenberg, best-selling author and communication strategist, spoke with Regent students on September 9th about the increasing threat radical Islam is to America and its allies.

Rosenberg has written numerous fiction titles centered in the Middle East and based in Christian end times beliefs. He has also advised influential leaders including Steve Forbes, Rush Limbaugh, former Israeli Deputy Prime Minister Natan Sharansky, and former Israeli Prime Minister Benjamin Netanyahu.

His newest nonfiction work, Inside the Revolution, illuminates three groups he sees battling for the Middle East: Radicals, Reformers, and Revivalists. An accompanying documentary film with the same title explores the global implications of radical Islam and the church’s response.

Rosenberg reminded students of their place in a pivotal point of history and encouraged them to think about what role the church should play at “such a time as this.”

Rosenberg will explore this issue in great detail during a live webcast September 11, 2009 from 7p.m. – 9p.m. EST. You can join by visiting www.insidetherevolution.org .

Professor Lynne Marie Kohm In The News

On Thursday, Professor Lynne Marie Kohm commented on the case in Florida involving a teen girl who converted to Christianity from Islam and has run away from her Ohio family because she fears for her life.




Kohm appeared on CBN News again on Friday morning to discuss further developments in the Rifqa Bary case.

Regent Law Alumni Publish with Duke, Cardozo, UCLA and other Law Journals

Regent University School of Law Alumni continue to publish with some of the nation’s leading journals.

Here’s just a snapshot of Regent Law alumni who have published scholarly articles and essays in recent years:

(Please Note: All links will open in a PDF file)




William Lee Andrews III (’97)
"No Bull’s Eye for “Targeted” International Tax Rules"
16 Virginia Tax Review 781 (1999).

Charles Mark Bennett (’06)
"Takings Under the Big Sky Post Kelo"
31 Montana Lawyer 5 (March 2006).

Karen Turnage Boyd (’05)
"The Tale of Two Systems: How Integrated Divorce Laws Can Remedy the Unintended Effects of Pure No Fault Divorce"
12 Cardozo Journal of Law & Gender 609 (2006).

Lisa A. Brion (’08)
"Constitutionally Coerced: Why Sentencing a Convicted Offender to a Faith Based Rehabilitation Program Does Not Violate the Establishment Clause"
7 Connecticut Public Interest Law Journal 263 (2008).

Debra M. Bryan (’04)
"It’s My Body and I’ll Die if I Want To"
8 Michigan State Journal Medicine & Law 45 (2004).

Brandon Chad Bungard (’99)
"Fee, Fie, Foe, Fum! I Smell the Efficiency of the English Rule Finding the Right Approach to Tort Reform"
31 Seton Hall Legislative Journal 1 (2006).

"Indecent Exposure: An Economic Approach to Removing the Boob from the Tube"
13 UCLA Entertainment Law Journal 187 (2006).

"John Salvia III’s Revenge From the Grave: How the Abatement Doctrine Undercuts the Ability of Abortion Providers to Stop Clinic Violence"
5 New York City Law Review 141 (2002) (Co-author).

"Offshore Banking in the British Dependencies"
9 Touro International Law Review 141 (2001).

Amy M. Clark (’01)
"How Putative Father Registries Foster the Best Interest of the Child Standard"
1 Appalachian Journal of Law 57 (2002).

Tara Dahl (’07)
"Surveys in America’s Classrooms: How Much Do Parents Really Know?"
37 Journal of Legal Education 143 (2008).

Michael K. Elliott (’03)
"Tales of Parenthood from the Crypt: The Predicament of the Posthumously Conceived Child"
39 Real Property Probate & Trust Journal 47 (2004).

Bruce W. Green (’89)
"Ends & Means: The Founding of Liberty University School of Law"
1 Liberty University Law Review 1 (2006).

Michelle Hansen (’97)
"Preventing the Emasculation of Warfare: Halting the Expansion of Human Rights"
Law in Armed Conflict 194 Military Law Review 1 (2007).

H. Wayne House (’86)
"A Tale of Two Kingdoms: Can There Be Peaceful Coexistence of Religion with the Secular State?"
13 Brigham Young University Journal of Public Law 203 (1999).

"The Parable of the Good Samaritan: Implications for the Euthanasia Debate"
11 Issues in Law & Medicine 159 (1995).

Joseph A. Kohm, Jr. (’96)
"Baseball’s Antitrust Exemption: Its Going, Going…Gone!"
20 Nova Law Review 1231 (1996).

Monte Kuligowski (’96)
"The Supreme Court’s Dilemma: Respecting Establishment Clause Jurisprudence"
38 Cumberland Law Review 245 (2007-2008).

"Gibson v. Commonwealth of Virginia: The Ends of Justice Deferred"
15 Virginia Journal of Social Policy 397 (2008).

"Does the Declaration of Independence Pass the Lemon Test"
2 Duke Journal of Constitutional Law & Public Policy 287 (2007).

"Rethinking DUI in Virginia (Annual Survey of Virginia Law)"
42 Richmond L. Rev. 1071 (2007).

"Romer v. Evans: Judicial Judgment or Emotive Utterance"
12 St. Johns Journal of Legal Commentary 323 (1996).

Leo Marvin Lestino (’08)
"Can Jiminy Cricket be Silenced: Congressional Spending Powers, Federalism & the Federal Recusal Clause"
12 Jones Law Review 29 (2007-2008).

Patricia A. Long (’01)
"The North Atlantic Treaty Organization: The Legal Status of an Allied Headquarters to Import & Resell Duty-Free Merchandise within the Conflicts of Law Hierarchy"
34 George Washington International Law Review 287 (2002).

"In the Name of God: Religious Terrorism in the Millennium: An Analysis of Holy Terror, Government Resources & Cooperative Efforts of a Nation to Restrain Its Global Impact"
24 Suffolk Transnational Law Journal 51 (2000).

Tyesha E. Lowery (’98)
"One “Get Out of Jail Free” Card: Should Probation Be an Authorized Courts Martial Punishment?"
198 Military Law Review 165 (2008).

Robert F. McDonnel (’89)
"First Principles of Virginia’s Fifth Century (Forward)"
41 University of Richmond Law Review 1 (2006).

Paul M. Miller (’94)
"The Establishment Clause: A Barrier to Morals Legislation"
1 Jones L. Review 37 (1997).

Bruce D. Page, Jr. (’02)
"When Reliance is Detrimental: Economic, Moral & Policy Arguments for Expectation Damages in Contracts Terminated for the Convenience of Government"
61 Air Force Law Review 1 (2008).

Jonathan Penn (’09)
"Life, Liberty, and the Pursuit of Death of the Inconvenient Other"
To be published in MARQ. ELDER’S ADVISOR, Spring 2010.

Kevin M. Powers (’04)
"The Sword & the Shield: RLUIPA & the New Battle for Religious Freedom"
22 Buffalo Public Interest Law Journal 145 (2003-2004).

Jessica R. Powers (’04)
"An Illegitimate Use of Legislative Power: Mississippi’s Inappropriate Child Surname Law in Paternity Proceedings"
8 UC Davis Journal of Juvenile Law & Policy 153 (2004).

F. Scott Risley (’90)
"The Receipt, Negotiation & Resolution of Environmental Enforcement Actions"
54 Air Force Law Review 89 (2004).

Jack McDaniel Sawyer (’98)
"The Constitutionality of “Rescue Fund Triggers” in North Carolina’s Judicial Campaign Reform Act"
2 First Amendment Law Review 267 (2004).

Ellen O. Smith (’89)
"The Supreme Court: New Hope for the Restoration of Federalism"
26 University of Richmond Law Review (1991-1992)
(Co-Author Beverly LaHaye).

Kevin M. Smith (’99)
"The United States Convention on the Rights of the Child: The Sacrifice of American Children on the Altar of Third World Activism"
38 Washburn Law Review 111 (1998).

"The Effect of Kansas Tort Reform on Tomorrow’s Asbestos Litigants: Robbing Peter to Pay Paul"
39 Washburn Law Review 63 (1999).

"Preventing Discovery of Internal Investigation Materials: Protecting Oneself from One’s Own Petard"
69 Journal Kansas Bar Association 28 (August 2000).

Jeremy Tedesco (’05)
"The Story Behind Vidal V. Girard’s Executors: Joseph Story, the Philadelphia Bible Riots & Religious Liberty"
32 Pepperdine Law Review 605 (2005) (Co-Author Jay Alan Sekulow).

Shawn E. Tuma (’99)
"Law in Texas Literature: Texas Justice—Judge Roy Bean Style"
21 Review of Litigation 551 (2002).

"Municipalities & the Internet: A Few Legal Issues"
27 Thurgood Marshall L. Review 49 (2001).

"It Ain’t Over ‘Til …A Post Y2-K Analysis of the Y-2K Litigation & Legislation"
31 Texas Tech Law Review 1195 (2000).

"Contracting over the Internet in Texas"
52 Baylor L. Rev 381 (2000).

Shawn A. Voyles (’98)
"Cargo Litigation: A Primer on Cargo Claims & Review of Recent Developments"
16 University of San Francisco Maritime Law Journal 1 (2003-2004) (Co-Author).

Robin T. Walter (’87)
"Pre-Mortem Planning for Post-Modern Charitable Deductions"
70 Michigan Bar Journal 1204 (1991).

Martha Westbrook (’04)
"Can You Disinherit the I.R.S.?"
49 Res Gestae 28 (2005).

Joseph Zavalletta, Jr. (’89)
"Using E-Dispute Technology to Facilitate the Reduction of E-Contract Disputes: A Modest Proposal"
7 Journal of Technology & Law 2 (2002).

"Coppa, Kids, Cookies & Chat Rooms: We’re from the Government and We’re Here to Protect Your Children"
17 Santa Clara Computer & High Technology Law Journal 249 (2001).

Erik M. Zimmerman (’05)
"Posting the Ten Commandments is a Law Respecting the Establishment of Religion: How McCreary County v. ACLU Illustrates the Need to Reexamine the Lemon Test & Its Purpose Prong"
23 Thomas M. Cooley Law Review 25 (2006) (Co-Author with Jay Alan Sekulow).

"Weeding Them Out by the Roots: The Unconstitutionality of Regulating Grassroots Advocacy"
19 Stanford Law & Policy Review 164 (2008) (Co-Author with Jay Alan Sekulow).

"Pleasant Grove City v. Summum: Unholding the Government’s Authority to Craft Its Own Message Through Privately Donated or Funded Monuments, Memorials & Artwork"
3 Charleston Law Review 175 (2009).

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