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Faculty News

for August, 2015

Professor Kappelhoff Comments on the Justice Department's Policing Initiative

August 27, 2015

Professor Mark Kappelhoff commented on the Justice Department's National Initiative for Building Community Trust and Justice in Minnpost. The National Initiative is a new Justice Department program designed to build trust between communities and the police, and the Minneapolis Police Department was selected as one of the six pilot sites for this initiative.

Read Mark Kappelhoff's Faculty Profile

Prof. Erbsen Comments on Class Action Against Target

August 27, 2015

Professor Allan Erbsen was quoted in a Twin Cities Business article discussing a class action suit against Target. The suit by credit card issuers seeks compensation for injuries arising from a data breach in 2013. Erbsen noted the risk that Target faces if the class is certified.

Read Allan Erbsen's Faculty Profile

Prof. Erbsen Cited by the Fifth Circuit

August 27, 2015

The United States Court of Appeals for the Fifth Circuit recently cited Prof. Allan Erbsen's article "Constitutional Spaces." The case (Thomas v. Lynch) considered whether birthright citizenship extends to a person born on a U.S. military base in Europe. The cited portion of Prof. Erbsen's article discussed the multiple meanings of "United States" in different parts of the Constitution.

Read Allan Erbsen's Faculty Profile

Prof. Shen Quoted in Article on Brain Death

August 27, 2015

Prof. Shen was quoted in a Healthline article exploring neuroscience and the law in the context of the brain death case of Jahi McMath.

Read Francis Shen's Faculty Profile

Prof. Kitrosser's Book Rated 'Essential' by Association of College and Research Libraries Publication

August 24, 2015

Professor Heidi Kitrosser's book, Reclaiming Accountability, was reviewed for the September issue of Choice, a periodical of the Association of College and Research Libraries. Reclaiming Accountability received Choice's top rating of "essential." The review called the book "a must read by anyone interested in presidential power, secrecy, and law."

Read Heidi Kitrosser's Faculty Profile

Prof. Vaaler Comments on Target's Legal Settlement Strategy Related to 2013 Data Breach

August 23, 2015

Professor Paul Vaaler was interviewed by WCCO Radio's Roshini Rajkumar on Target's proposed legal settlement with Visa for losses to the credit card company arising from the theft of Target customer credit card and related information in November and December 2013. Vaaler commented on the proposed $67 million settlement with Visa in light of Target's previous successful $10 million settlement with customers, and a proposed but ultimately failed $19 million settlement with MasterCard. Vaaler also speculated on the likelihood that a group of card-issuing banks and financial institutions with claims against Target might be able to form a plaintiffs' class on a motion to be argued in the U.S. Federal District Court in St. Paul next month. Target's liabilities and related expenses to date exceed $250 million.

Read Paul Vaaler's Faculty Profile

Prof. Carpenter Speaks on WCCO on Jesse Ventura Defamation Case

August 21, 2015

Professor Dale Carpenter spoke on WCCO for a piece entitled "Media Organizations Speak Up In Jesse Ventura Defamation Case."

Read Dale Carpenter's Faculty Profile

Prof. Carbone Writes about Her Book Red Families v. Blue Families in Time Magazine

August 19, 2015

Time magazine invited Professor June Carbone and her co-author Naomi Cahn to discuss the implications of their book, Red Families v. Blue Families (Oxford 2010), for marital happiness. They emphasized that the studies of relative degrees of difference in marital happiness between Democrats and Republicans were tiny in comparison with the larger economic forces driving family change.

Read June Carbone's Faculty Profile

Prof. Vaaler Comments on Target's Legal Settlement with Visa over 2013 Data Breach

August 19, 2015

Professor Paul Vaaler appeared on KARE-11 TV to comment on Target's proposed legal settlement with Visa related to a data breach in late 2013 that left millions of Target customers vulnerable to identity theft and fraudulent charges. The settlement of claims with Visa will likely cost Target $67 million. Vaaler analyzed the Visa settlement terms in light of Target's successful $10 million settlement with individual customers and its proposed but ultimately unsuccessful $19 million settlement with MasterCard earlier this year. Target continues to litigate claims arising from the data breach with other individuals and financial institutions alleging losses. Target's legal liabilities and defense costs could exceed $250 million.

Read Paul Vaaler's Faculty Profile

Prof. Shen Writes Op-Ed for MinnPost on UMN Athletic Director's Resignation

August 18, 2015

Professor Francis Shen wrote an op-ed for MinnPost entitled "Kaler's Moment: Let's Hope He Seizes It." Shen commented on the need for bold leadership in the aftermath of the resignation of University of Minnesota Athletic Director Norwood Teague.

Read Francis Shen's Faculty Profile

Prof. Kitrosser Quoted on Pentagon War Reporting Guidelines

August 15, 2015

Professor Heidi Kitrosser was quoted in a story by the global news network Agence France Presse. The story, entitled "New Pentagon Rules May Change War Reporting," concerned statements in a Defense Department manual on the status and rights of war reporters. The story quoted Kitrosser as saying: "The breadth of the manual's language and its potential applications is alarming." Kitrosser also is quoted as deeming the manual's language "troubling for its conflict with U.S. constitutional principles and also for its potential invoking by authoritarian regimes to support their own suppression of journalists."

Read Heidi Kitrosser's Faculty Profile

Prof. Vaaler Comments on Corporate Holding Companies and Firm Valuation

August 12, 2015

Professor Paul Vaaler discussed Google's recent decision to re-organize its various businesses in separate divisions under a multi-business corporate holding company called Alphabet. Google stock increased with this announcement. Re-organization into a multi-business corporation with separate lines of business allows such firms to provide separate information assets, sales, income and other important developments (e.g., R&D expenditure) by line of business so that shareholders can better understand where value is generated. Vaaler comments weekly on current business issues on WCCO Radio's Dave Lee Show.

Read Paul Vaaler's Faculty Profile

Prof. Kirtley Quoted by International Press Institute on Revised Law of War Manual's Impact on Journalists

August 11, 2015

Professor Jane Kirtley was interviewed by the Vienna-based International Press Institute for an article about revisions to the Department of Defense's Law of War Manual that may undermine journalists' ability to cover conflicts. Specifically, she expressed concern about what she characterized as a "cavalier" statement in the manual that "States may need to censor journalists' work or take other security measures so that journalists do not reveal sensitive information to the enemy." She argued that in the absence of specific definitions, the section is overbroad and could violate U.S. presumptions against prior restraints.

Read Jane Kirtley's Faculty Profile

Prof. Hasday Answers WCCO's 'Good Question': Why Do Parents in the U.S. Get Less Time Off than in Other Countries?

August 5, 2015

Professor Jill Hasday appeared in the "Good Question" segment on WCCO News, answering the question, "Why do parents in the United States get less time off than in other countries?" Hasday explored some of the factors that help explain why the United States is one of the very few nations in the world that does not provide paid parental leave to all of its workers.

Read Jill Hasday's Faculty Profile

Prof. Soper Speaks on MPR on Archdiocese Bankruptcy

August 5, 2015

Professor Christopher Soper spoke on Minnesota Public Radio about the claims resolution process underway in the Twin Cities' Archdiocese bankruptcy. He said the church will need to evaluate the 407 abuse claims filed against it to determine how much each claim is worth, which depends on the severity of the abuse and the culpability of the church. He also spoke about other next steps in the bankruptcy proceeding, including obtaining funding for the claimants from the parishes, insurance companies, and the Archdiocese itself.

Read Christopher Soper's Faculty Profile

Prof. Vaaler Comments on Minority Investor Protections and Delaware Corporate Law

August 5, 2015

Professor Paul Vaaler commented on why larger firms like Minnesota-based United Health Group re-incorporate in Delaware to take advantage of better-developed corporate governance guidelines protecting the interests of and thus attracting more minority share ownership. Vaaler appears each Wednesday on WCCO Radio's Dave Lee Show to comment on current business issues.

Read Paul Vaaler's Faculty Profile

Prof. Orfield's Housing Study Cited in New York Times Column

August 5, 2015

New York Times columnist Thomas Bryne Edsall discussed recent work on the benefits of racial integration and quoted Professor Myron Orfield's work that outlines the countervailing interests of the "poverty housing industry" that seeks to keep affordable housing in poor neighborhoods.

Read Myron Orfield's Faculty Profile

Prof. Orfield Quoted in Texas Observer on Fair Housing

August 4, 2015

Professor Myron Orfield was quoted in a Texas Observer article about the implications of Texas Department of Community Affairs v. Inclusive Communities Project, the recent case upholding disparate impact.

Read Myron Orfield's Faculty Profile

Prof. Kirtley Quoted in Pioneer Press Editorial on New St. Paul Email Policy

August 1, 2015

Professor Jane Kirtley was quoted in a Pioneer Press editorial regarding a new St. Paul policy permitting government employees to delete electronic communications they consider "no longer useful" to their work. Kirtley observed that giving employees this degree of discretion undermines the principle that "any message that is conveyed using government equipment, government computers, government email" is presumptively an official message, and fails to fully consider the public's need for access to government documents.

Read Jane Kirtley's Faculty Profile