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Faculty News

for October, 2014

Prof. Kirtley Comments on Reporter's Possible Lawsuit in Crain's Chicago Business

October 24, 2014

Professor Jane Kirtley was quoted in a Crain's Chicago Business article about the legal remedies that might be available to a veteran political reporter who resigned from the Chicago Sun-Times after a gubernatorial candidate accused him of conflicts of interest. The reporter has retained counsel and is thought to be considering a libel suit. Kirtley observed that, "I take the point of this reporter being an equal-opportunity attack dog, but nevertheless in this highly polarized political world, reporters who are covering the beat just really have to be above reproach."

Read Jane Kirtley's Faculty Profile

Prof. Gross Discusses Lawsuit against Cargill on MPR

October 22, 2014

Professor Oren Gross appeared on MPR's Morning Edition to discuss a recent decision by the 9th Circuit in a lawsuit brought by three Mali nationals against Cargill, Nestle, and Archer Daniels. In the lawsuit, the plaintiffs claim that they were forced to harvest cocoa in the Ivory Coast and that Cargill and the other defendant corporations were liable under the Alien Tort Statute for aiding and abetting child slavery.

Read Oren Gross's Faculty Profile

Prof. Murray Quoted in Pittsburgh Post-Gazette on Solutions to Confidential Informant Problems

October 21, 2014

Professor JaneAnne Murray was quoted in a Pittsburgh Post-Gazette article entitled "Experts Offer Solutions to Confidential Informant Problems." The paper has been running a series of investigative articles analyzing the use of informants in federal court in the Western District of Pennsylvania. In the latest article, focusing on remedies for the problems the investigation uncovered, Murray points out that judges already have the authority to prevent and ameliorate the due process issues raised by unreliable informant testimony. Magistrate judges "can exercise more oversight when presented with warrant applications, and delve more deeply into who the confidential informants are, the axes they may be grinding, and their lurking credibility issues," she said. In addition, pointing out that defense lawyers usually do not get the names of informants used against their clients until the week before trial, she adds that district judges could order prosecutors to provide defense lawyers with the names and rap sheets of informants much earlier in the process, subject to protective orders.

Read JaneAnne Murray's Faculty Profile

Prof. Murray Publishes Article in National Law Journal on 'The Never-Ending Search of Digital Data'

October 20, 2014

Professor JaneAnne Murray published an article in the National Law Journal addressing the question of whether the government gets to keep a perpetual police ribbon around seized electronic data, into which it can dip at will when new investigative leads surface. She discusses recent decisions in which courts have developed nuanced responses to the issue, both at the point of seizure and at admission at trial. Murray concludes that searches of digital data are akin to retrospective eavesdropping, and as such, require courts, in fulfilling their obligation to give meaning to the overbreadth, particularity and reasonableness requirements of the Fourth Amendment, to replicate the minimization protocol of the Wiretap Statute in the e-search arena.

Read JaneAnne Murray's Faculty Profile

Prof. Schwarcz Elected to The American Law Institute

October 16, 2014

Professor Daniel Schwarcz 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 4,400 includes ex officio members, honorary members and life members (those elected members who have attained more than 25 years of service).

Read Daniel Schwarcz's Faculty Profile

Teaching Fellow Kate Evans Quoted in International Business Times on Immigration Case Before U.S. Supreme Court

October 14, 2014

Teaching Fellow Kate Evans was quoted in an International Business Times article entitled "Immigration: Supreme Court to Rule on Deportation Standards for Drug Offenses." The article explained that the case arose when Moones Mellouli "was stopped and detained in Kansas for driving under the influence, and then charged and convicted with possession of drug paraphernalia. In this case, it was a sock containing an unspecified drug." Mellouli's conduct would not be a crime under federal law and many other states, "but immigration authorities used that conviction to issue Mellouli a deportation order under federal law, which says a conviction related to what the feds define as a 'controlled substance' is grounds for removal from the country." Kansas controls numerous substances the federal government does not. The article stated: "'This is a person who has multiple advanced degrees, was an instructor, was successful in many professional respects, and was deported with really no way to return for conduct that was penalized in Kansas by a fine,' said Kate Evans, a teaching fellow at the University of Minnesota’s Center for New Americans, one of the organizations that brought the case before the Supreme Court. 'He has no way to return to the country. The consequence of this kind of interpretation of the statute is traumatic for many individuals.'"

Read Kate Evans's Faculty Profile

Prof. Carbone Quoted in New York Times on Egg Freezing

October 14, 2014

Professor June Carbone was quoted in a New York Times article entitled "Egg Freezing as a Work Benefit? Some Women See Darker Message." Now that Facebook and Apple are paying for their favored employees to freeze their eggs, the media is taking note. The article stated: "There are class and race divides in egg freezing. A planned pregnancy later in life is much more realistic for highly educated, high-income women, according to June Carbone and Naomi Cahn, law professors who write about the gender and class divide in reproduction—in other words, the kind of people who work at Facebook and Apple. Working-class women are less likely to be able to afford egg freezing; or to be employed during pregnancy; or to receive paid maternity leave."

Read June Carbone's Faculty Profile

Prof. Carbone Writes about Single Mothers in Politico

October 13, 2014

Professor June Carbone and her co-author, Naomi Cahn, discussed the findings of their new book, Marriage Markets: How Inequality is Remaking the American Family, in Politico. The article, "The New Math of the Single Mother: Why the Ranks of America's Unmarried Moms Keep Growing," explains why marriage has become a marker of class and why the growing ranks of single mothers do not constitute a "matriarchy." The article notes that while family law has changed to protect elite men's investment in children, it does not protect the investments of women who become both the primary caretaker and the the primary wage-earner.

Read June Carbone's Faculty Profile

Profs. Bix and Chomsky Quoted in Washington Post on University-Vikings Contract for Use of TCF Stadium

October 13, 2014

Professors Brian Bix and Carol Chomsky were quoted in a Washington Post story that discusses whether use of the Washington Redskins name at TCF Stadium could be considered to violate the contract between the University and the Vikings. Congresswoman Betty McCollum believes it does, citing a University policy that requires the school to provide an environment "free from racism...and other forms of prejudice, intolerance, or harassment." President Kaler has said he agrees with the Congresswoman that the name should be changed but thinks the facility use agreement with the Vikings does not give the school authority over the use of the Washington team name. Bix and Chomsky suggested the use of the team name would violate a different clause in the contract, one that says the Vikings "shall not take any action or use any language in its use of the facilities that might reasonably be expected to offend contemporary community standards, such as use of...language that might denigrate any class or group of people." Bill Donohue, the University's general counsel, disagreed, saying that dictating NFL nicknames was well outside the agreement's intent.

Read Brian Bix's Faculty Profile
Read Carol Chomsky's Faculty Profile

Prof. Clary Quoted in Minnesota Lawyer on Filing Appeals

October 9, 2014

Professor Brad Clary was quoted in a Minnesota Lawyer article entitled "How To: The Dos and Don'ts of Filing Appeals." Clary said that one of the biggest traps a lawyer can fall into is assuming the state and federal rules of filing appeals are the same.

Read Brad Clary's Faculty Profile

Prof. Wolf Presents at NIH Meeting on Human Genomics

October 8, 2014

Professor Susan Wolf made two presentations at a National Institutes of Health (NIH) meeting of the Clinical Sequencing Exploratory Research (CSER) Consortium in Bethesda, MD, on Oct. 8-9. She first presented on the law governing access to an individual's genomic results. This was part of a panel that she was asked to organize with Professor Ellen Clayton, MD, JD (Vanderbilt University) addressing the law of human genomics. Wolf later presented on family access to an individual's genomic results after their death. This is the focus of a current NIH-funded project that Wolf is leading with Professors Gloria Petersen (Mayo Clinic) and Barbara Koenig (UCSF). For more on that project, visit http://consortium.umn.edu/grants_research/home.html#findings.

Read Susan M. Wolf's Faculty Profile

Prof. Hasday Cited in 9th Circuit Opinion Striking Down Same-Sex Marriage Prohibitions in Idaho and Nevada

October 8, 2014

Judge Marsha Siegel Berzon of the United States Court of Appeals for the Ninth Circuit cited Professor Jill Hasday's article, "Contest and Consent: A Legal History of Marital Rape," 88 CAL. L. REV. 1373 (2000), in her concurring opinion in Latta v. Otter, which struck down the same-sex marriage prohibitions in Idaho and Nevada. Judge Berzon used Hasday's work to help support the point that "[h]istorically, marriage was a profoundly unequal institution, one that imposed distinctly different rights and obligations on men and women."

Read Jill Hasday's Faculty Profile

Prof. Vaaler Quoted in Pioneer Press on Mike McFadden's Work as Investment Banker

October 6, 2014

Professor Paul Vaaler was quoted in the Pioneer Press on the investment banking work of the Minnesota GOP candidate for U.S. Senate, Mike McFadden. The campaign of his opponent, DFL incumbent Senator Al Franken, has accused McFadden and his investment banking firm of contributing to mergers, acquisitions and other corporate transactions that led to thousands of job cuts and millions of dollars in lost tax revenues. McFadden's campaign has responded that the accusations are false and that McFadden's role as an investment banker was largely limited to matchmaking prospective acquiring and target firms, and providing advisory services on other corporate transactions such as debt restructuring. Vaaler's comments addressed the fiduciary role investment bankers play on behalf of clients in different corporate transactions, and the advisory role McFadden played during and after the 2008 sale of Wisconsin-based shoemaker, Allen Edmonds.

Read Paul Vaaler's Faculty Profile

Prof. Kirtley Discusses Massachusetts Judge's Expansion of Permissible Disclosures to the Media Under HIPAA

October 2, 2014

Professor Jane Kirtley was quoted in a Massachusetts Lawyers Weekly article about a state judge's decision that health care providers may comment to the media about a patient's care if the patient has already made the information public. Kirtley characterized the enactment of HIPAA as having caused "a seismic shift" in the availability of health care information under state open records laws, and that this new decision "allows providers to say something other than 'no comment' . . . on a matter of public concern." However, she added that she is skeptical that regulatory agencies or federal courts will agree that the patient's decision to provide his records to the Boston Globe constituted a waiver of HIPAA confidentiality provisions.

Read Jane Kirtley's Faculty Profile