Professor Kristin Hickman's work on judicial deference doctrine was cited in a memorandum opinion issued by Chief Judge Karen E. Schreier of the U.S. District Court for the District of South Dakota in the case of Draper v. Colvin, No. CIV. 12-4091-KES. The case concerned a challenge against the Commissioner of Social Security's decision to terminate an individual's Supplementary Security Income benefits. In her memorandum opinion, Chief Judge Schreier cited Hickman's article with Matthew Krueger ('06), "In Search of the 'Modern' Skidmore Standard," 107 Columbia Law Review 1235 (2007), in describing the standard of review utilized to review the Commissioner's interpretation of the relevant statutory language.
Professor Jill Hasday's recent article, "Siblings in Law," 65 Vanderbilt Law Review 897 (2012), was cited by Israel's Supreme Court. The case considered the rights of brothers to live together in the same country when one brother's custody is subject to the Hague Abduction Convention and the other's is not.
In August, Professor Joan S. Howland was elected chair-elect/chair of the ABA Section of Legal Education and Admissions to the Bar Council for the 2013-15 terms. Howland has served on the Section's Council since 2006 and was vice-chair of the council for the 2012-13 term. She also served on the Accreditation Committee from 2001-06 and on the Law Libraries Committee from 1992-96 (as co-chair from 1994-96).
Dean David Wippman and Professor Fred Morrison, former Law School interim dean, wrote a commentary for Minnesota Lawyer in response to President Obama's recent statement about changing law school to a two-year degree program. Wippman and Morrison said "A two-year law degree is an idea whose time has come—and gone. It may come again, but the groundwork has not been laid and the costs to the quality of American legal education would be high."
Dean David Wippman was a guest on WCCO's "News & Views" hosted by Roshini Rajkumar (’97), on September 1. Wippman discussed the crisis in Syria and said that President Obama has realized there is no good option with the situation and has thus handed the problem over to Congress. He said that it's unclear whether Congress will support an action now. Wippman also spoke about sarin gas, possible U.S. interests, comparisons between Syria and Iraq, and more.
Professor Susan Wolf was quoted in the New York Times and Star Tribune in an article on the problems raised by using the sperm, eggs, and embryos of deceased individuals to conceive. An individual with cancer, for example, may store gametes and then die, leaving a partner who wishes to use the gametes to reproduce. Cases have already arisen litigating the rights of these posthumously conceived children. Wolf notes that "Posthumous reproduction is the perfect storm of competing interests. There's the surviving partner who wants to reproduce, the interests of the deceased while they were alive or as they memorialized them, the pre-existing kids who don't want their interest diluted and finally the kids who are brought into the picture but who may be financially most at risk." Click here to read the NYT article, "Fertility Treatments Produce Heirs Their Parents Never Knew." Click here to read the Star Tribune article.
Emeritus Clinical Professor Maury Landsman was profiled in an NPR article entitled "Joining the '63 March, Despite Parents' Racial Biases." The article is part of a special series partnered with "The Race Card Project: Six-Word Essays." The article stated, "When asked to offer a six-word statement on race relations today, 50 years after the march, for The Race Card Project, Landsman put it this way: 'Progress, but we are falling back.'"
Professor Carl Warren was a guest on WCCO News Radio for a segment entitled "Twin Cities still Far from Reaching Dr. Martin Luther King's Dream." "Especially the Twin Cities metro area, we see that our schools and communities are re-segregating at an alarming rate," Warren said. "So the question is, are the ideals expressed in the 'I Have a Dream' speech, still our ideals? We've made some strides, it's true, but in many ways we've stopped making progress."
Professor Amy Kristin Sanders was a guest on WCCO's "News & Views" with Roshini Rajkumar (’97) on August 18. Sanders weighed the arguments of how far the concern for "national security" should be taken when it comes to privacy.
Professor Oren Gross appeared in the "Good Question" segment on WCCO News, answering the question, "Why is the U.S. Getting Involved in Syria Now?" Gross discussed the legal and moral issues pertaining to a possible military intervention by the United States in Syria.
Gross was also interviewed by FOX 9 on a possible U.S. attack on Syria. Gross said, "Between Hezbollah and al Qaeda getting control of those chemical weapons, it's damned if you do, damned if you don't."
Professor Myron Orfield appeared in the "Good Question" segment on WCCO News, answering the question, "Why Such a Large Achievement Gap in Minnesota Classrooms?" "One of the reasons that this inequality is great is that whites here do exceptionally well. The white population here is very well educated, very healthy, very prosperous," Orfield said. "The good question to ask is, 'Why haven't blacks who live here locally been able to keep up with whites in the same way?'" he said. "I think that's rooted a lot in the deep racial segregation we have between blacks and whites in the neighborhoods and school systems we have...in the way we experience Minnesota."
Professor Richard Painter, a former chief ethics lawyer for President George W. Bush, was quoted in a New York Times article on former Harvard President Lawrence Summers's candidacy for nomination by President Obama as Chairman of the Federal Reserve. Painter predicted that Summers's work in finance would not derail his nomination or confirmation, saying that the United States has recently "had two secretaries of the Treasury, which is a regulatory position, who were chairmen of Goldman Sachs." Painter noted that if Summers became Fed chairman, he would have to fully divest himself of all interests in the financial companies he works with.
Professor Francis Shen participated in a HuffPost Live event entitled "Here Comes Precrime." Shen discussed the legal implications of recent research using brain scans to help predict criminal recidivism.
Professor William McGeveran wrote an op-ed published in the Pioneer Press calling for greater transparency about National Security Agency eavesdropping programs and the secret intelligence court that authorizes them.
Professor Dale Carpenter spoke to various media outlets on the U.S. Supreme Court ruling on the Defense Of Marriage Act. Carpenter spoke to the following media:
NPR's Talk of the Nation
MPR's All Things Considered
Clinical Professor Mark Kappelhoff delivered the keynote address at the Anti-Defamation League's Centennial Hate Crimes Conference on September 17, 2013, at the Texas State Capitol in Austin, Texas. Kappelhoff's address, entitled "Prosecution and Prevention of Hate Crimes," discussed his efforts to secure passage of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act while he was a senior government official in the Civil Rights Division of the United States Department of Justice.
Professor Jane Kirtley appeared on a panel entitled "Emerging Technology and Privacy Questions" at the National Foundation for Judicial Excellence Ninth Annual Judicial Symposium in Chicago in July. Kirtley delivered a paper entitled "Slippery Slopes and Uncharted Waters: Privacy Torts and Access Issues in the Digital Age" before an audience of approximately 150 state appellate judges.
Professor Tom Cotter presented the Munich Intellectual Property Law Center Lecture in Munich, Germany, on July 8. Cotter's lecture was entitled "The Comparative Law and Economics of Standard Essential Patents and FRAND Royalties."
Click here to see a list of recent faculty publications that were entered into the Law Library's database between June 1, 2013, and August 31, 2013.