Professor Kristin Hickman filed an amicus brief before the U.S. Supreme Court in United States v. Quality Stores, Inc., No. 12-1408. In the brief, Hickman draws from her scholarly work to highlight and address lower court confusion over whether IRS revenue rulings interpreting the Internal Revenue Code are eligible for judicial deference under Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984). Hickman's amicus brief was later highlighted in a Bloomberg BNA article entitled "Amicus Brief in 'Quality Stores' Argues Revenue Rulings Not Entitled to Deference."
The New Jersey Supreme Court invalidated a new housing allocation formula proposed by the Christie Administration under the New Jersey Fair Housing Act. Professor Myron Orfield, who filed an amicus curiae on behalf of Pennsauken and Montclair townships, argued that these new allocation formulas disadvantaged racially diverse older suburbs of New Jersey by allowing affluent bedroom communities to provide less than their constitutional fair share obligation established by the New Jersey Supreme Court in its Mount Laurel decision. The New Jersey Supreme Court agreed with Orfield's position.
Professor Kevin Reitz has been elected to the American Law Institute (ALI), the leading independent organization in the United States producing scholarly work to clarify, modernize and improve the law. The ALI drafts, discusses, revises and publishes Restatements of the Law, model statutes and principles of law that are enormously influential in the courts and legislatures, as well as in legal scholarship and education. The institute’s elected membership of lawyers, judges and law professors is limited to 3,000. The total membership of more than 4,300 includes ex officio members, honorary members and life members (those elected members who have attained more than 25 years of service).
Professor Hari Osofsky was named director of the reformed Joint Degree Program in Law, Science & Technology. The program spans 24 degree combinations and enables students to combine a J.D. with a Ph.D., M.S., M.A., M.P.H., M.H.A., or M.D. in less time, with more academic support, and with potentially more financial support than if the students were to pursue the two degrees separately.
Professor Michele Goodwin was interviewed for HBO's Emmy-nominated show "Vice" for its episode on gestational surrogacy in India. Goodwin, an expert on assisted reproductive technologies, highlighted how transnational surrogacy is virtually unregulated and shifts demands for reproductive services from the West to developing nations, including India. Goodwin asks viewers to consider whether aspects of this form of medical tourism resembles forms of neocolonialism.
Professor Susan Wolf published an op-ed in the Star Tribune on the new Presidential Commission report addressing the challenge of incidental findings in medical care and biomedical research. Wolf's piece maintains that the new report rightly emphasizes the enormous challenges posed by incidental findings and recommends some needed steps. However, she argues that the report creates problems by failing to fully protect patients' rights to refuse extra testing and unwanted information.
Professor Prentiss Cox appeared on Minnesota Public Radio's The Daily Circuit to talk about foreclosures. Cox reviewed the recent data on foreclosures and discussed whether foreclosure rates are headed back to historic levels.
Professor John Borrows spoke on WTIP North Shore Community Radio about the new White Earth constitution. On Nov. 19, almost 80 percent of the voting members of the White Earth Nation, part of the Minnesota Chippewa Tribe, approved the new constitution, which, among other things, establishes a new rule for determining tribal membership. The White Earth Nation will be the first band in Minnesota to do away with the so-called "blood quantum" law for tribal membership.
Professor Tom Cotter participated in a podcast by the Federalist Society entitled "Patent Re-Reform in Congress," with Jim Copeland of the Manhattan Institute for Policy Research and New York University School of Law Professor Richard Epstein. Click here to download the podcast.
Professor Mark Kappelhoff published an op-ed in MinnPost entitled "Yes, We've Come a Long Way, But America's Civil-Rights Journey Remains Incomplete." In the article, Kappelhoff discussed the importance of enforcing the nation's civil rights laws.
Professor Fionnuala Ní Aoláin is part of the founding group of editors that launched a new blog entitled "Just Security." The new online platform provides a forum for high-level discussion of law, rights, and U.S. national security. "Just Security" aims to promote principled and pragmatic solutions to the most pressing national security problems that decision-makers face.
During the 2013 Minneapolis mayoral campaign, Professor Francis Shen wrote an op-ed for the Star Tribune entitled "For Better Minneapolis Schools, Embrace Mayoral Control." Shen said that if the next mayor of Minneapolis wants to be known as the Twin Cities Education Mayor, he or she should consider announcing their intention to seek formal governance powers of Minneapolis schools. Shen has published extensively on mayors and urban education governance and teaches a course on Education Law and Policy.
Professor Gregory Shaffer was the luncheon keynote speaker at the conference of the Economic Law Interest Group of the American Society of International Law at the University of Pennsylvania Law School. Shaffer spoke on a "New Legal Realist Approach to International Economic Law."
Professor Robert Stein co-moderated sessions with Paul Volcker, former Chairman of the Federal Reserve, and U.S. Supreme Court Justice Stephen Breyer at this year's Rule of Law Symposium, held on the final day of the annual International Bar Association (IBA) conference in Boston in October. Stein's co-chair and co-moderator was Richard Goldstone, former Justice on the South African Supreme Court and first prosecutor for the War Crimes Tribunal for the former Yugoslavia.
Professor Ralph Hall gave a presentation in September at the Food and Drug Law Institute's annual national Food and Drug Administration (FDA) advertising and promotion conference in Washington, D.C. His presentation focused on First Amendment issues in FDA regulations.
Hall also recently participated in a small group forum with Senator Al Franken to discuss the FDA, medical device regulation, improving the regulatory process, and enhancing patient benefit.
Click here to see a list of recent faculty publications that were entered into the Law Library's database between September 1, 2013, and November 30, 2013.