Professor Thomas Cotter's newly released book Comparative Patent Remedies: A Legal and Economic Analysis (Oxford University Press, 2013) provides a critical and comparative analysis of patent enforcement in the United States and other major patent systems including Japan, the EU, Canada, Australia, China, South Korea, Taiwan and India. Cotter shows how different countries respond to similar issues and suggests how economic analysis can assist in adapting current practice to the needs of the modern world.
Professor Richard Frase's recent book, Just Sentencing: Principles and Procedures for a Workable System (Oxford University Press, 2012) presents a hybrid sentencing model that combines widely endorsed normative principles with proven procedures inspired by the best state sentencing guidelines systems. The model's theoretical structure is an expanded version of limiting retributivism: the offender's blameworthiness sets upper and lower limits on sentence severity, within which crime control and other non-retributive purposes and limitations of punishment are applied. Almost all of the model's procedures and many of its normative principles have been successfully implemented in Minnesota and several other guidelines states; the core principles and procedures of the model have also been endorsed in model sentencing codes and standards. The book provides a strong defense of these state systems and models, and a detailed template for achievable and much-needed sentencing reform in other states.
Professor Francis Shen has been awarded a 2013 Multicultural Research Award by the University of Minnesota Institute for Diversity, Equity, and Advocacy (IDEA). Shen will use the research award on a project entitled "Race, Gender, and the Sorting of Guilty Minds." The project will investigate the effects of defendant race and gender on the attribution of mens rea in the criminal law. This work builds on Shen's previous collaborative scholarship "Sorting Guilty Minds," 86 New York University Law Review 1306 (2011) (with Morris B. Hoffman, Owen D. Jones, Joshua D. Greene & Rene Marois).
Professor Hari Osofsky was selected for the 2013-14 Fesler-Lampert Chair in Urban and Regional Affairs to pursue her project, "Fostering Suburban Climate Change Efforts in the Twin Cities." The appointment is administered by the Humphrey School of Public Affair's Center for Urban and Regional Affairs and provides a year of financial support to University faculty members doing Minnesota-related research on these topics.
Professor Dale Carpenter's book Flagrant Conduct: The Story of Lawrence v. Texas was chosen as a finalist in the non-fiction category from among 687 submissions to the 25th annual Lambda Literary Awards. Winners will be announced June 3, 2013. Earlier this year, the book was named one of the "100 Notable Books of 2012" by the editors of the New York Times Book Review and also selected for Exemplary Legal Writing in 2012 and inclusion in its 2013 Almanac & Reader by the board of advisers of The Green Bag.
Professor William McGeveran was interviewed on Minnesota Public Radio's "All Things Considered" show about criminal prosecutions against public employees who misuse government databases for personal purposes. There has been a rash of news stories and court cases about such abuses in Minnesota, but prosecutors dropped criminal charges against one accused employee in February, citing weaknesses in the underlying law. In the interview, McGeveran argued that improvements in agency policies, training, and database design would be more important reforms than strengthening criminal sanctions.
In a New York Times Room for Debate forum, Professor Claire Hill argued that reducing the salience of rating agencies is an important goal of reform. The recent lawsuit against S.&P. may be helpful in keeping in public view some of S.&P.'s less than exemplary business practices, perhaps making reliance on them less accepted among market participants.
Professor Susan Wolf addressed the strengths and challenges of hospice on Minnesota Public Radio's Daily Circuit. Wolf has been working on end-of-life issues for close to 30 years. She served as principal author of the first comprehensive ethics guidelines on termination of life-sustaining treatment and care of the dying. In 2013, Oxford University Press will publish her book with two co-authors, The Hastings Center Guidelines for Decisions on Life-Sustaining Treatment and Care Near the End of Life (rev. & expanded 2d ed). For more on Wolf's forthcoming book, go to http://www.oup.com/us/catalog/general/subject/Medicine/Ethics/?view=usa&ci=9780199974559.
Professor Richard Painter appeared on CNN's "Anderson Cooper 360" on December 20 and MSNBC's "The Last Word" hosted by Lawrence O'Donnell on December 21 to discuss the political control of the National Rifle Association that he observed while serving in the White House Counsel's office (2005-07) during the Bush administration and how that control has continued to increase. Painter was invited to be a guest after the December 19 publication of his Op-Ed piece in the New York Times online edition.
Professor Barry Feld was interviewed on the National Public Radio Dallas affiliate KERA Radio program "Think" about his new book Kids, Cops, and Confessions: Inside the Interrogation Room (NYU Press 2012). Click here to listen.
Professor Jane Kirtley participated in an invitation-only multinational conference, entitled "Is Serious Journalism Still Possible?" at the Ditchley Foundation in Oxfordshire, England. Kirtley chaired the working group on the role of governments and regulators in promoting freedom of the press.
Professor Michele Goodwin gave a lecture at the Petrie-Flom Center at Harvard University on her forthcoming article "Fetal Protection Laws: Moral Panic and the New Constitutional Battlefront." Goodwin's lecture and article examine criminal regulations of pregnancy through "maternal conduct laws" and "fetal protection laws." Goodwin posits that these laws are arbitrarily enforced, rely on faulty moral norms and justifications, and are at odds with Sixth, Eighth, and Fourteenth Amendment values.
Professor Laura J. Cooper participated in a symposium at Saint Louis University entitled "Teaching Employment and Labor Law." Cooper's presentation, "The Capstone Course in Labor and Employment Law: A Comprehensive Immersion Simulation Integrating Law, Lawyering Skills, and Professionalism," described her innovative course developed with a national advisory panel to respond to the call of the Carnegie Report for courses that realistically prepare students for the practice of law. Cooper's presentation will be published in the Saint Louis University Law Journal.
Professor Stephen Meili presented his research comparing the impact of human rights treaties on jurisprudence and practice in the United Kingdom and Canada at the University of Oxford Refugee Studies Centre (RSC). The presentation was part of the RSC's Work in Progress Seminar Series. Meili's research, which is supported by grants from the National Science Foundation and the Robina Foundation, demonstrates that while human rights treaties have been increasingly helpful to asylum-seekers in the United Kingdom over the past decade, they have had much less positive impact on asylum claimants in Canada during the same period.
Click here to see a list of recent faculty publications that were entered into the Law Library's database between December 1, 2012, and February 28, 2013.