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Faculty News

for July, 2015

Prof. Cotter Quoted in Law360 Article on Microsoft v. Motorola Decision

July 30, 2015

Professor Tom Cotter was quoted in a Law360 article, entitled "3 Takeaways from 9th Circ.'s Motorola FRAND Decision," on the impact of a ruling by the 9th Circuit in Microsoft v. Motorola, a case in which Microsoft alleged that Motorola breached its obligation to license certain patents on reasonable and nondiscriminatory terms. Cotter states, among other things, that the decision is consistent with "an emerging consensus in the U.S. and in other countries that the owners of standard-essential patents should not be able to obtain injunctions and that a FRAND royalty should not include the effect of the holdup value."

Read Tom Cotter's Faculty Profile

Prof. Cotter's Paper on IP Licensing Cited by Ninth Circuit

July 29, 2015

An opinion of the U.S. Court of Appeals for the Ninth Circuit, Minden Pictures v. John Wiley & Sons, cited a paper Professor Tom Cotter coauthored with Roger Blair entitled "The Elusive Logic of Standing Doctrine in Intellectual Property Law," 74 Tulane L. Rev. 1323 (2000), as support for the rationale for denying nonexclusive licensees standing to sue for infringement.

Read Tom Cotter's Faculty Profile

Prof. Morrison Speaks on KARE11 News on Zimbabwe Treaty

July 29, 2015

Professor Fred Morrison spoke to KARE11 News about the possible extradition of the Minnesota man who killed Cecil the Lion in Zimbabwe, who hasn't been named yet by prosecutors. "The Zimbabwe treaty covers any crime that would be punishable by a year or more in jail in both countries," Morrison said. "Only things that would be a crime in the United States, a serious crime, can be a basis for an extradition for a trial in Zimbabwe."

Read Fred Morrison's Faculty Profile

Prof. Hasday Writes Op-Ed for Washington Post on Marital Rape Law

July 29, 2015

Professor Jill Hasday wrote an op-ed for the Washington Post discussing the law's treatment of marital rape. She explained that at least 23 states continue to treat rape in marriage more leniently than rape outside of it. These states criminalize a narrower range of conduct if committed within marriage, impose less serious penalties on the marital rape they do recognize, and/or create special procedural obstacles to marital rape prosecutions.

Read Jill Hasday's Faculty Profile

Prof. Hasday Quoted in Washington Post and Guardian on Law of Marital Rape

July 28, 2015

The Washington Post, the Washington Post Wonkblog, and the Guardian quoted Professor Jill Hasday in articles examining the legal treatment of marital rape. Hasday discussed the persistence of statutes treating rape within marriage more leniently than rape outside of marriage.

Read Jill Hasday's Faculty Profile

Prof. Hickman Quoted by Bloomberg on Tax Court's Altera Decision

July 28, 2015

Professor Kristin Hickman was quoted in Bloomberg BNA's Daily Tax Report about the United States Tax Court's decision in Altera Corporation & Subsidiaries v. Commissioner, 145 T.C. No. 3 (2015), in which the Tax Court invalidated Treasury regulations implementing Section 482 of the Internal Revenue Code as arbitrary and capricious under the Administrative Procedure Act. Hickman described the Tax Court's decision as "a natural extension of the Supreme Court's reasoning in" the Supreme Court's decision in Mayo Foundation for Medical Education and Research v. United States, 131 S. Ct. 704 (2011). Moreover, she said, "[t]he fact that the Tax Court unanimously backed such a thorough application of general administrative law principles in reviewing a Treasury regulation is truly remarkable, and should send a very powerful message to Treasury and the IRS that they need to be more attentive to administrative law requirements in promulgating tax regulations."

Read Kristin Hickman's Faculty Profile

Prof. Shen Quoted in NJ.com Article on Brain-Based Legal Defense

July 24, 2015

Professor Francis Shen was quoted in an NJ.com article entitled "Will Brain Disorder Defense in Teacher Sex Assault Case Work? Legal Experts Weigh In." Shen commented on the brain-based defense strategy of Nicole Dufault, a New Jersey high school teacher accused of sexually assaulting six male students.

Read Francis Shen's Faculty Profile

Prof. Orfield's Work on Fair Housing Act Discussed in MinnPost

July 24, 2015

Professor Myron Orfield's work on the Fair Housing Act and its local implications was discussed in a MinnPost article entitled "How Two Recent Decisions will Profoundly Impact Fair-Housing Policy."

Read Myron Orfield's Faculty Profile

Prof. Cotter's Book on Comparative Patent Remedies Quoted by Canadian Court of Appeal

July 23, 2015

In an opinion handed down in Apotex v. Merck, 2015 FCA 171, the Federal Court of Appeal (Canada) quoted with favor a portion of Professor Thomas Cotter's book, Comparative Patent Remedies: A Legal and Economic Analysis (Oxford Univ. Press 2013). In the book, Cotter argues that noninfringing alternatives should be relevant to the calculation of lost profits for patent infringement, a position with which the Canadian court agrees.

Read Tom Cotter's Faculty Profile

Prof. Vaaler Comments on Prospective Litigation Related to Ashley Madison Hack

July 22, 2015

Professor Paul Vaaler commented on prospective litigation issues related to the recent hack of confidential information for up to 33 million members of the Ashley Madison (A-M) on-line dating service for individuals seeking illicit affairs. The hack likely netted personal information, including member biographical information, photos and credit-card information. Vaaler commented on difficulties in suing A-M for breach of privacy, including difficulties in forming a class and persuading named class members to come forward, and difficulties in proving specific economic losses due to the breach. Vaaler comments on current business and legal issues every Wednesday morning on WCCO Radio's Dave Lee Show.

Read Paul Vaaler's Faculty Profile

Prof. Murray Quoted in Pittsburgh Post-Gazette on Confidential Informants

July 21, 2015

Continuing its in-depth series of investigative articles on the use of confidential informants by the Drug Enforcement Administration (DEA), the Pittsburgh Post-Gazette reported on a D.O.J. Inspector General report critical of the DEA's practice, particularly of the large payments the agency makes to such informants. Professor JaneAnne Murray was quoted as saying that "this kind of compensation can be corrupting," and does not get explored. She said "[t]he judges aren't questioning these [informants] even though their information may be at the heart of a search warrant or an arrest warrant," and they are rarely put under oath at hearings or trials.

Read JaneAnne Murray's Faculty Profile

Prof. Painter's Campaign Finance Reform Proposal Mentioned in Larry Lessig's New York Times Op-Ed

July 21, 2015

Professor Richard Painter's proposal for campaign finance reform was favorably mentioned by Harvard Law Professor Lawrence Lessig in his New York Times op-ed, writing: "Republicans, too, are increasingly calling for small-dollar funding systems. The legal scholar Richard W. Painter, a former 'ethics czar' for President George W. Bush, has proposed a $200 tax rebate to fund small-dollar campaigns." Painter spent the last academic year on a Harvard-funded fellowship to write a book about campaign finance reform.

Read Richard W. Painter's Faculty Profile

Prof. Murray Quoted by AP on Prison Escape

July 19, 2015

Professor JaneAnne Murray was quoted by the Associated Press in a piece that appeared in multiple outlets regarding the recent escape of a non-violent offender from a minimum security prison in Sioux Falls, who went on to commit a string of additional crimes. Murray cautioned that incidents like this one should not necessarily cause officials to change how they classify inmates. The only way to avoid mistakes would be to put more inmates in medium- and high-security prisons that are more expensive and less likely to rehabilitate the inmates, she said, adding, "In my view, that's not where we want to go with our prisons."

Read JaneAnne Murray's Faculty Profile

Prof. Orfield Discusses Implications of Fair Housing Act Changes in Pioneer Press

July 18, 2015

Professor Myron Orfield explained the implication of the recent U.S. Supreme Court decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project and the recent released affirmatively furthering fair housing rule on the Met Council's regional housing plan.

Read Myron Orfield's Faculty Profile

Prof. Orfield Discusses Implication of Changes in Fair Housing Law in Governing

July 16, 2015

Professor Myron Orfield explained the meaning of the U.S. Supreme Court's Fair Housing decision and the new federal rules defining governmental duties under the Fair Housing Act in a Governing article entitled "Will New Housing Rules Really Reduce Racial Segregation?"

Read Myron Orfield's Faculty Profile

Prof. Carpenter Writes about Anti-Gay Discrimination in Washington Post

July 16, 2015

Professor Dale Carpenter wrote a piece entitled "Anti-Gay Discrimination is Sex Discrimination, Says the EEOC" for the Volokh Conspiracy blog in the Washington Post. Carpenter states, "The Supreme Court may not think bans on gay marriage are sex discrimination, but the Equal Employment Opportunity Commission thinks anti-gay discrimination in the workplace is."

Read Dale Carpenter's Faculty Profile

Prof. Carpenter Speaks on Access Minnesota on Supreme Court Decision on Same-Sex Marriage

July 15, 2015

Professor Dale Carpenter was interviewed on Access Minnesota about the recent U.S. Supreme Court decision on same-sex marriage.

Read Dale Carpenter's Faculty Profile

Prof. Vaaler Interviewed on KARE 11 on Iran Nuclear Deal and Oil Prices

July 14, 2015

Professor Paul Vaaler was interviewed by KARE 11 TV News on the Iran Nuclear Arms limitation agreement and its near-term implications for oil and gasoline prices in Minnesota as well as foreign investment opportunities for U.S. energy firms in Iran.

Read Paul Vaaler's Faculty Profile

Prof. Orfield Interviewed on 'To the Point' Radio Program about Fair Housing Act

July 13, 2015

Professor Myron Orfield discussed the implication of the recent U.S. Supreme Court decision and the new affirmatively furthering fair housing rule on "To the Point," a nationally syndicated news radio program.

Read Myron Orfield's Faculty Profile

Prof. Erbsen Quoted in Forbes Article, 'Uber Case May Hinge on What the Drivers Want'

July 10, 2015

Professor Allan Erbsen was quoted in a Forbes article entitled "Uber Case May Hinge on What the Drivers Want." In the context of discussing litigation in which the ostensible beneficiaries of remedies would prefer a different result, Erbsen noted that "[t]he rules of civil procedure are written to account for the fact that the results of civil litigation can have adverse affects on non-parties."

Read Allan Erbsen's Faculty Profile

Prof. Orfield's Work on Fair Housing Law Discussed on NRDC Blog

July 8, 2015

Professor Myron Orfield's work was discussed in terms of recent changes in Fair Housing law in an article, entitled "Taking the First Big Step Toward Affirmatively Furthering Fair Housing," on Switchboard, the Natural Resources Defense Council blog.

Read Myron Orfield's Faculty Profile

Prof. Vaaler Comments on Debt Crises in Greece and Puerto Rico

July 8, 2015

Professor Paul Vaaler discussed recent developments in the ongoing sovereign debt crisis in Greece including prospective debt bail-out and restructuring as well as default scenarios confronting Greece's left-wing Syriza party government and the troika of creditors holding more than $300 billion in Greek debt: the International Monetary Fund, European Central Bank, and European Commission. He also commented on the emerging debt crisis in Puerto Rico where federal law currently prohibits the commonwealth government from seeking protection from creditors under U.S. bankruptcy law, and where large U.S. bond insurance companies are potentially liable for interest payments on commonwealth debt exceeding $72 billion. Vaaler's comments came during his weekly appearance to discuss current business issues on WCCO Radio's Dave Lee Show.

Read Paul Vaaler's Faculty Profile

Prof. Kirtley's Article on Hulk Hogan Privacy Case Published by The Conversation

July 6, 2015

Professor Jane Kirtley's essay, "Gawker—and First Amendment—May Receive Body Blow from Another Thin-Skinned Wrestler" was published by The Conversation, an online publisher of articles written by members of the academic and research community. In her essay, Kirtley discussed the invasion of privacy lawsuit filed by wrestler Hulk Hogan against Gawker for posting a sex tape which Gawker claims is newsworthy. She compared the case to former Minnesota Governor Jesse Ventura's libel suit over the book, American Sniper. Kirtley argued that "A ruling for Hogan could send a strong message that online sites should be very wary of posting videos of celebrities misbehaving, even if they think the content is newsworthy."

Read Jane Kirtley's Faculty Profile

Prof. Carpenter Quoted in Star Tribune on Minneapolis Couple's Fight for Same-Sex Marriage

July 5, 2015

Professor Dale Carpenter was quoted in a Star Tribune article entitled "43 Years Later, Minneapolis Couple's Fight for Marriage Vindicated." More than four decades before the U.S. Supreme Court affirmed the right of same-sex couples to marry nationwide, Jack Baker ('72) and Michael McConnell applied for a marriage license and were wed in Minnesota. The decision "represents a kind of constitutional apology to Jack Baker and Mike McConnell, 43 years later," said Carpenter.

Read Dale Carpenter's Faculty Profile

Prof. Carbone's Work on Red Families v. Blue Families Discussed in Desert News National

July 4, 2015

Professor June Carbone's 2010 book Red Families v. Blue Families with Naomi Cahn received renewed attention with publication of a new study testing the sources of family stability. The most recent article, in the Desert News National, discussed factors that produce different family configurations in different parts of the country.

Read June Carbone's Faculty Profile

Prof. Kitrosser's Book, Reclaiming Accountability, Discussed in Boston Review

July 1, 2015

Professor Heidi Kitrosser's book, Reclaiming Accountability: Transparency, Executive Power, and the U.S. Constitution, is discussed in the most recent edition of Boston Review. The authors identify Kitrosser's work within a tradition of legal analysis that rejects claims of uncheckable presidential power and secrecy. Because the authors ultimately dismiss the significance of legal and political checks to combat executive secrecy, Kitrosser responds in a comment on the Boston Review website. She observes that "the problem is overwhelmingly large and complex, and that law alone is not the answer. But to the extent that law is a piece of the problem, and a piece of the answer/s, it ought not to be neglected."

Read Heidi Kitrosser's Faculty Profile