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Faculty News

for December, 2011

Prof. Cribari to Teach at Notre Dame Law London Program

December 30, 2011

Professor Stephen Cribari will return as Distinguished Visiting Professor to the University of Notre Dame Law School's London Program in fall, 2012. Cribari will be teaching criminal procedure.

Read Stephen J. Cribari's Faculty Profile

Prof. Kirtley Discusses State of the Media 2011 on MPR

December 29, 2011

Professor Jane Kirtley was the guest on Gary Eichten's "Midday" show on Minnesota Public Radio. They discussed issues in the media that arose in 2011, including the implications for press freedom in the United Kingdom following the Leveson inquiry into phone-hacking by journalists, as well as whether potential libel exposure influenced media coverage of the resignation of Minnesota State Senate Majority Leader Amy Koch.

Read Jane Kirtley's Faculty Profile

Prof. Orfield Featured in Huffington Post on Ethnicity-Targeted Charter Schools

December 23, 2011

Professor Myron Orfield was featured in a Huffington Post article entitled "Myron Orfield, Scholar, Says Ethnicity-Targeted Charter Schools Feel Like 'Jim Crow Segregation'." The article cited Orfield's interview with Bloomberg and its article entitled "Segregated Charter Schools Evoke Separate But Equal Era in U.S. Education."

Read Myron Orfield's Faculty Profile

Prof. Orfield Quoted in Bloomberg News on Issue Racial Segregation & Charter Schools

December 21, 2011

Professor Myron Orfield was quoted in a Bloomberg News story entitled "Segregated Charter Schools Evoke Separate But Equal Era in U.S. Education." The article stated, "While charter-school leaders say programs targeting ethnic groups enrich education, they are isolating low-achievers and damaging diversity, said Myron Orfield, a lawyer and demographer."

Read Myron Orfield's Faculty Profile

Prof. Ní Aoláin's New Book Reviewed as a "Game Changer"

December 21, 2011

Professor Fionnuala Ní Aoláin's new book On the Frontlines: Gender, War, and Post-Conflict Process, co-authored by Dina Francesca Haynes and Naomi Cahn, was reviewed by IntLawGrrls blogger Johanna E. Bond. Bond said the book "is remarkably compelling and likely to have a significant impact on the way that scholars and activists working in post-conflict societies conceive of their fundamental mission."

Read Fionnuala Ní Aoláin's Faculty Profile

Profs. Gross and Ní Aoláin to Present at International Conference in Jerusalem

December 21, 2011

Professors Oren Gross and Fionnuala Ní Aoláin will present papers at the Institute for Advanced Studies' conference entitled "The Relations Between National Criminal Law and International Criminal Law." The conference will be held on December 21-22, 2011, in Jerusalem.

Read Oren Gross' Faculty Profile
Read Fionnuala Ní Aoláin's Faculty Profile

Prof. Painter Quoted in Wall Street Journal on Insider Trading on Government Information

December 20, 2011

Professor Richard Painter was quoted in a Wall Street Journal article on insider trading on government information. Painter pointed out the large amount of nonpublic information in the possession of government officials and the opportunities that hedge funds and other private actors have to get access to it. "It's a great business model" for the participants, he observed, but he also pointed out that it has to be stopped.

Read Richard W. Painter's Faculty Profile

Prof. Cribari Develops & Conducts Judicial Symposium

December 15, 2011

Professor Stephen Cribari and Professor Don Judges of the University of Arkansas School of Law (Fayetteville) developed and conducted the Navy-Marine Corps Court of Criminal Appeals' first in-house Judicial Symposium in Washington, D.C. Cribari teaches criminal procedure, law and archaeology, evidence, physical evidence/expert testimony, and criminal law.

Read Stephen J. Cribari's Faculty Profile

Prof. Cribari Named Co-Director of Notre Dame Law School London Summer Program

December 15, 2011

Professor Stephen Cribari was recently named co-director of the University of Notre Dame Law School's London Summer Program. Cribari teaches criminal procedure, law and archaeology, evidence, physical evidence/expert testimony, and criminal law. He is the reporter for the Criminal Pattern Jury Instruction Committee of the U.S. Court of Appeals for the Tenth Circuit, is on the faculty of ATF's National Firearms Examiner Academy, and is a member of NIJ's Technical Working Group on Digital Evidence in the courtroom. He was distinguished visiting professor in criminal procedure and cultural property law in London from January to June, 2011.

Read Stephen J. Cribari's Faculty Profile

Prof. Painter Quoted in Bloomberg News on SEC Inspector General's Infomercial

December 13, 2011

Professor Richard Painter was quoted in a Bloomberg News story about the U.S. Securities and Exchange Commission Inspector General giving a videotaped interview to a financial adviser who is using it in marketing a retirement plan on the Internet and in a paid radio show. Painter, who specializes in securities law and government ethics, observed that is was highly improper for any SEC official to to an infomercial for an investment product.

Read Richard W. Painter's Faculty Profile

Prof. Kritzer Referenced in The Economist on Tort Reform

December 10, 2011

Professor Herbert Kritzer was referenced in an Economist article entitled "Closing the Lottery: The Debate over Tort Reform Generates Exaggerated Claims, But also a Few Good Ideas." The author notes that "Herbert Kritzer, of the University of Minnesota, an opponent of loser-pays who is skeptical about the utility of caps on awards, suggests another reform: giving juries guidelines for damages in similar cases, which would trim expectations of big payouts. More widespread adoption of such sensible rules would not transform the tort system; but it could certainly improve it."

Read Herbert M. Kritzer's Faculty Profile

Prof. Kirtley Quoted on MinnPost.com on Anoka-Hennepin "Neutrality" Policy

December 9, 2011

Professor Jane Kirtley was quoted in a MinnPost.com story about proposed changes to the Anoka-Hennepin School District's anti-harassment policy. The changes would require teachers to provide information about controversial topics but they may "not advocate personal beliefs or opinions" about those topics. Kirtley said she suspected the policy would raise First Amendment concerns, especially because it is often difficult to distinguish between opinion and fact. Moreover, she said, "Controlling speech as a means of controlling behavior just doesn't work."

Read Jane Kirtley's Faculty Profile

Prof. Schwarcz Participates in Conference on Modernization of Insurance Regulation

December 9, 2011

Professor Daniel Schwarcz was one of approximately 15 invited speakers at the inaugural conference on insurance regulation at the U.S. Treasury Department. The conference was organized by the Federal Insurance Office, a new federal agency within the Treasury Department that is tasked with drafting a report for Congress on modernizing insurance regulation. Schwarcz's presentation focused on the lack of transparency in insurance markets and the need to avoid regulatory arbitrage.

Read Daniel Schwarcz's Faculty Profile

Prof. Erbsen's Article Cited by Pennsylvania Supreme Court

December 8, 2011

Professor Allan Erbsen's article, "From Predominance to Resolvability," was cited and quoted several times in the majority and dissenting opinions in a recent Pennsylvania Supreme Court decision addressing certification of class actions. The case is Samuel-Bassett v. Kia Motors America, Inc., 2011 WL 6059098. Erbsen's article, published in the Vanderbilt Law Review, discusses the importance of individualized questions of law and fact in the certification inquiry.

Read Allan Erbsen's Faculty Profile

Prof. Shaffer, Keynote Speaker at Conference on Intellectual Property, Society, and Development

December 8, 2011

Professor Greg Shaffer was the keynote speaker at the biannual conference organized by the WTO Chair at FLACSO, the Latin American social science graduate school initiated by UNESCO. The program was on Intellectual Property, Society, and Development.

Prof. Kirtley Quoted on MinnPost.com on Forcing Cameras into Supreme Court

December 7, 2011

Professor Jane Kirtley was quoted in a MinnPost.com story about Sen. Amy Klobuchar's bill to compel the U.S. Supreme Court to allow video cameras to cover oral arguments. Kirtley observed that "time is on the side of getting cameras in there," but that Congress cannot force the high court to allow them.

Read Jane Kirtley's Faculty Profile

Prof. Painter Quoted in Politico on Hatch Act

December 7, 2011

Professor Richard Painter was quoted in an article in Politico on whether comments made by the White House Press Secretary in an official briefing about a Mitt Romney campaign advertisement violated the Hatch Act, which bars partisan political activity by government officials. Painter, who was the chief White House ethics lawyer for President Bush, noted with respect to all White House staff that "It's their obligation to make it clear whether they're speaking in their official capacity as White House staff members, as assistants to the president, or not. If they are in their official capacity, they really can't get into talking about campaign ads or events."

Read Richard W. Painter's Faculty Profile

Prof. Kirtley Speaks at Freedom of Information Seminar in Sao Paulo

December 5, 2011

Professor Jane Kirtley spoke on "Federal FOIA in the United States: The Key to Open Government" at an international seminar entitled "Access to Public Information" in Sao Paulo, Brazil. The seminar was co-sponsored by the U.S. Consulate, the Brazilian National Journalists Association, and UNESCO, and included speakers from Mexico, Scotland, Brazil, and the U.S. Brazil recently enacted its first Freedom of Information statute, which will become effective in 2012.

Read Jane Kirtley's Faculty Profile

Prof. Cotter Quoted in Star Tribune on Mayo Clinic Patent Case

December 5, 2011

Professor Tom Cotter was quoted in the Star Tribune in an article on the upcoming Supreme Court argument in Mayo v. Prometheus. The outcome of this patent case matters to patients, and Cotter states, "You don't want to inhibit doctors from treating patients optimally."

Read Tom Cotter's Faculty Profile

Prof. Schwarcz's Research Featured in Wall Street Journal

December 3, 2011

Professor Daniel Schwarcz's article, "Reevaluating Standardized Insurance Policies" (forthcoming in the University of Chicago Law Review), was featured in a Wall Street Journal article. Schwarcz's article shows that the conventional wisdom that insurance policies in property casualty markets are homogeneous commodities is wrong: different carriers' policies differ dramatically in terms of the scope of coverage they provide. Despite this, it is impossible for even a vigilant and informed consumer to discern these differences, as both regulators and markets have failed to promote transparency because of their outdated assumption that insurance policies are homogenous.

Read Daniel Schwarcz's Faculty Profile

Prof. Painter Quoted in Argus Leader on Hatch Act

December 3, 2011

Professor Richard Painter was quoted in the Argus Leader in an article on alleged Hatch Act violations by a former Senate aide who is now running in the Democratic primary for a Congressional seat. Painter said the allegations were "pretty thin gruel."

Read Richard W. Painter's Faculty Profile