Go to the U of M home page.

Home > News & Events > More Faculty News

Faculty News

for February, 2012

Prof. Painter Quoted on Ethics Laws and Obama Campaign's Use of First Family Photo

February 27, 2012

Professor Richard Painter was quoted extensively in an ABC News story on the President Obama campaign's use of an official photo of the President and his family in the Oval Office. Painter observed that although official government photographs are not intended for use by political campaigns, and the White House ordinarily does not allow official photographs to be used in this manner, it is unlikely that any ethics laws were broken.

Read Richard W. Painter's Faculty Profile

Prof. Painter Quoted on Presidential Travel

February 23, 2012

Professor Richard Painter was quoted in an ABC News story on President Obama's combined official and political travel on Air Force One in the months leading up to the election. ABC News reported that: "Richard Painter, an associate counsel in the George W. Bush administration and chief ethics lawyer for the president between 2005 and 2007, said he believes Obama's travels -- like Bush's -- are legal and necessary, despite the high cost. 'The argument for taking Air Force One and everything else, even for campaign events, is that the president needs to travel in a secure way and have communications capabilities,' Painter explained."

Read Richard W. Painter's Faculty Profile

Prof. Orfield Quoted in Huffington Post on Charter School Segregation

February 22, 2012

Professor Myron Orfield was quoted in a Huffington Post article, entitled "Charter School Segregation Target Of New Report." Orfield says that charter schools increase racial segregation, even in public schools.

Read Myron Orfield's Faculty Profile

Prof. Kirtley's Minnesota Law Review Article Cited in Indiana Appeals Court Ruling

February 21, 2012

Professor Jane Kirtley's 2010 Minnesota Law Review article on legal protection for the identity of anonymous online posters was cited in an opinion by the Indiana State Court of Appeals extensively. The case set a new standard in Indiana to determine when news organizations can be compelled to reveal this information to libel plaintiffs.

Read Jane Kirtley's Faculty Profile

Prof. Green Co-Writes Op-Ed for The National Law Journal

February 20, 2012

Professor Jennifer Green, along with Professor Michael Bazyler of Chapman University School of Law, wrote an opinion piece entitled "Hold Corporations Accountable" for The National Law Journal. The article explains how "Nuremberg-era jurisprudence offers a compelling precedent for imposing sanctions on companies for human rights violations."

Read Jennie Green's Faculty Profile

Prof. Orfield Speaks on MPR on School Integration Efforts

February 17, 2012

Professor Myron Orfield was a guest on Minnesota Public Radio to discuss integration efforts in Minnesota schools. Orfield was part of a 12-person task force that recommends greater oversight of how schools spend their money in an effort to close the achievement gap.

Read Myron Orfield's Faculty Profile

Prof. Kirtley Speaks at UNESCO Conference, "The Media World After WikiLeaks"

February 16, 2012

Professor Jane Kirtley was a panelist at a conference entitled, "The Media World After WikiLeaks and News of the World," held at the United Nations Educational, Scientific and Cultural Organization headquarters in Paris. Kirtley appeared on the "International Law after WikiLeaks" panel.

Read Jane Kirtley's Faculty Profile

Prof. Orfield and Task Force Complete Integration Revenue Replacement Report

February 15, 2012

Professor Myron Orfield was part of the Minnesota Department of Education's Integration Revenue Replacement Task Force, which was charged with developing recommendations for re-purposing integration revenue funds to create and sustain opportunities for improved educational outcomes that narrow and close the academic achievement gap. The task force completed its report, which will be prepared for distribution to the legislature for a hearing.

Read Myron Orfield's Faculty Profile

Prof. Painter Quoted on STOCK Act in Washington Examiner Editorial

February 15, 2012

Professor Richard Painter was quoted in an editorial in the Washington Examiner on the Stop Insider Trading on Congressional Knowledge (STOCK) Act which is pending in House-Senate conference. The opinion piece raised First Amendment concerns with a provision in the Senate bill that would require so-called "political intelligence" firms to register with the government before gathering nonpublic information from government officials. The editorial then pointed out that "as legal ethics scholar Richard Painter has suggested, it's perverse to target government officials' leaks of inside information by 'requiring people to register before they gather information about their government,' rather than by developing 'stricter rules for government employees who selectively disclose government information to persons outside the government.'"

Read Richard W. Painter's Faculty Profile

Prof. Painter Quoted on Murdoch's News Corp. Investigation

February 15, 2012

Professor Richard Painter was quoted on the Foreign Corrupt Practices Act investigation of Rupert Murdoch's News Corp., in an article in Capital, a new on-line news publication in New York co-founded by former New York Observer editor Tom McGeveran. Painter questioned whether a FCPA prosecution in the U.S. was needed when the alleged bribery of police and other officials already can be prosecuted under strict bribery laws in the U.K. "The whole point behind the Foreign Corrupt Practices Act was to address situations where U.S. companies were going into countries that had weaker bribery laws than the U.S. and seeking to take advantage of that to win unfair advantages," Painter told Capital. "I hardly think of the U.K. as the type of country where we should be using FCPA to prosecute for conduct there." Nevertheless, "it's a very broad statute and it doesn't preclude this type of enforcement at all," he said.

Read Richard W. Painter's Faculty Profile

Prof. Carpenter Debates Gay Marriage Amendment

February 14, 2012

Professor Dale Carpenter debated Maggie Gallagher, president of the Institute for Marriage and Public Policy, at a University of St. Thomas forum at the Murphy Institute for Catholic Thought, Law and Public Policy. The debate on the same-sex marriage amendment on the 2012 Minnesota election ballot was rebroadcast on Minnesota Public Radio.

Read Dale Carpenter's Faculty Profile

Prof. Orfield Quoted in Pioneer Press on St. Paul Landlord Suit

February 14, 2012

Professor Myron Orfield and Vice President Walter Mondale were quoted in a Pioneer Press article, entitled "How Obama Administration got St. Paul to Pull Landlord Suit Out of Supreme Court." Both Orfield and Mondale advised the city of St. Paul on the implications of the Magner vs. Gallagher case. They both agreed that the Supreme Court might use Magner as a vehicle to eliminate a "disparate impact" cause of action under the Federal Fair Housing Act. Orfield and Mondale both applauded St. Paul's decision to withdraw its petition to challenge that Appeals Court decision on "disparate impact" to the Supreme Court.

Read Myron Orfield's Faculty Profile

Prof. Orfield's Research on New Orleans School System Referenced by Detroit Free Press

February 14, 2012

A 2010 report by the Institute on Race and Poverty was referenced in a Detroit Free Press article on the Detroit school system. As the state of Michigan moves to replace failing public schools with charter schools in Detroit, Professor Myron Orfield's research on New Orleans' similar effort suggests that there may be very significant problems with Detroit's proposal.

Read Myron Orfield's Faculty Profile

Prof. Goodwin Presents John W. Fisher II Lecture at West Virginia University College of Law

February 13, 2012

Professor Michele Goodwin presented the 2012 John W. Fisher II Lecture in Law and Medicine at West Virginia University College of Law. Goodwin's talk was entitled "Who Owns Your Body? A Conversation About Medical Research and The Body Bazaar." She spoke about the troubling contemporary domains of medical research, where the human body is sometimes mined for its biological riches. Often, Goodwin argues, patients may be none the wiser. Drawing from historical accounts, including the troubling case of Henrietta Lacks, as well as medical research on prisoners, children and other vulnerable (and unwitting participants), she explores the legacy of human experimentation in the U.S. as well as its contemporary contours. Goodwin's lecture considered several controversial questions, including whether there is an obligation to participate in medical research, how courts legally define ownership in the human body, and whether current legal frameworks are sufficient in providing relief for exploited patients.

Read Michele Goodwin's Faculty Profile

Prof. Orfield's Research on Black Middle Class Discussed on MPR

February 13, 2012

Professor Myron Orfield's demographic research about black middle-class suburbanization and housing discrimination was discussed on Minnesota Public Radio. The MPR piece was on Minnesota's shrinking black middle class.

Read Myron Orfield's Faculty Profile

Prof. Painter Quoted in Politico on Obama's Super PAC

February 13, 2012

Professor Richard Painter was quoted in an article in Politico on President Obama's Super PAC and plans for high ranking Administration officials, including some cabinet members, to speak at Democratic fundraisers. Painter, the former chief ethics lawyer for the Bush White House, said that cabinet secretaries are put in a particularly odd spot from this kind of fundraising. "They're too powerful, it's too easy to buttonhole them—to get an earmark. They shouldn't be at fundraisers at all," Painter said about Cabinet members.

Read Richard W. Painter's Faculty Profile

Prof. Carpenter Writes Op-Ed on Prop. 8 for LA Times

February 13, 2012

Professor Dale Carpenter wrote an op-ed for the Los Angeles Times, entitled "Prop. 8 Simply Can't Justify Itself." Carpenter states, "What potentially dooms Proposition 8 as it nears the Supreme Court is not necessarily the distinct whiff of prejudice but a lingering impression of incoherence."

Read Dale Carpenter's Faculty Profile

Prof. Painter Quoted on Political Campaign Contributions by Heads of Independent Agencies

February 12, 2012

Professor Richard Painter was quoted in a Dayton Daily News article about a political contribution by Consumer Financial Protection Bureau director Richard Cordray to an Ohio political campaign. Painter pointed out that while the heads of independent agencies can legally contribute to political campaigns, their involvement in partisan politics is a bad idea. "It is extremely important for someone holding a position such as this to be staying away from partisan political activity," he said. "I think it's very much frowned upon."

Read Richard W. Painter's Faculty Profile

Prof. Kirtley Discusses Free Speech Issues

February 12, 2012

Professor Jane Kirtley was a guest on "News and Views with Susie Jones" on WCCO Radio, discussing digital free speech issues. She was also quoted in a Minnesota Daily story about Tatro v. University of Minnesota, pending before the Minnesota Supreme Court.

Kirtley was also quoted in a sidebar to an editorial in the Star Tribune discussing Twitter's new guidelines requiring removal of "tweets" that violate local laws in other countries. She observed that communications companies which, unlike news organizations, do not primarily see their mission as protecting free speech may not fully appreciate "the global (in every sense of the word) free-speech implications of decisions like this."

Read Jane Kirtley's Faculty Profile

Prof. Kirtley Discusses Senate Bill on Cameras in Supreme Court

February 10, 2012

Professor Jane Kirtley was quoted in a story in the Thomson Reuters News & Insight blog regarding the Senate Judiciary Committee's approval of a bill to allow cameras in the U.S. Supreme Court. Kirtley said that although she favors camera access, she does not think Congress has authority to compel it over the high court's opposition. "I always wonder whether an attempt of Congress to force this on the Court is just going to encourage the justices to dig in their heels even more," she said.

Read Jane Kirtley's Faculty Profile

Prof. Cox Quoted in Wall Street Journal on AG-Fed Settlement

February 10, 2012

Professor Prentiss Cox was quoted in a Wall Street Journal article concerning the settlement between five major banks and various state attorneys general along with federal authorities. Cox stated that the settlement was a positive because it returned substantial money to the public rather than requiring taxpayer-funded incentives; but, he criticized the purported $25 billion in credits to homeowners, because those credits would be controlled by the mortgage lenders, which is the same problem that has plagued prior government loan modification efforts. Cox was also quoted in the Daily Beast regarding the settlement.

Read Prentiss Cox's Faculty Profile

Prof. Painter Quoted in Wall Street Journal Article, "Pact Set in SEC-Bear Stearns Case"

February 10, 2012

Professor Richard Painter was quoted in a Wall Street Journal article on the settlement of a SEC case against two Bear Sterns hedge-fund managers who had previously been criminally charged and acquitted for securities fraud in the 2008 mortgage securities debacle. Painter observed that the failure of a criminal case should not preclude SEC enforcement and that "civil enforcement action can be an important tool to get money back for investors and bar people from the industry, in cases where the alleged fraud falls short of criminal misconduct."

Read Richard W. Painter's Faculty Profile

Prof. Shaffer Recieves Grant-in-Aid for Research on WTO

February 10, 2012

Professor Gregory Shaffer has received a Grant-in-Aid for research on the World Trade Organization to be conducted in Geneva. Shaffer has also become an Affiliated Professor with the University of Minnesota Department of Political Science.

Read Gregory Shaffer's Faculty Profile

Prof. Kirtley, Faculty Member for Media Advocacy Workshop

February 9, 2012

Professor Jane Kirtley was a faculty member for the 15th Annual Media Advocacy Workshop, sponsored by the ABA Forum on Communications Law at its 17th Annual Conference, held at the Ritz-Carlton Orlando. The workshop provided hands-on advocacy training for young lawyers and advanced law students, including opportunities to argue dispositive motions in First Amendment cases and to conduct a pre-broadcast review.

Read Jane Kirtley's Faculty Profile

Prof. Painter Quoted in Star Tribune on STOCK Act

February 9, 2012

Professor Richard Painter was quoted in a Star Tribune article on Congress's passage of the Stop Insider Trading on Congressional Knowledge (STOCK) Act, which bans insider trading on government information by Members of Congress and their staff. The article discusses Painter's role trying to prevent hedge funds and others from gaining confidential information when he was the chief White House ethics lawyer under President Bush. Painter observed that the STOCK Act, while helpful, does not do enough to prevent leaks of confidential government information to persons who will trade on it.

Read Richard W. Painter's Faculty Profile

Prof. Painter Interviewed by MPR on STOCK Act

February 9, 2012

Professor Richard Painter was interviewed for a Minnesota Public Radio story on the Stop Insider Trading on Congressional Knowledge (STOCK) Act which has passed the U.S. Senate and will be voted on by the House this week. Painter was supportive of the Act but critical of a provision that would require registration of firms that seek to acquire nonpublic information from government officials. This provision, he said, raises civil liberties concerns and does not address the problem of leaks by government officials. "This particular provision is a feel-good measure, it will help for Election Day, perhaps, and make government look more ethical," Painter said. "But if we really want to solve the problem, we are going to have to regulate the selective disclosure by government officials of nonpublic information."

Read Richard W. Painter's Faculty Profile

Prof. Carpenter Quoted in Los Angeles Times on Prop. 8

February 7, 2012

Professor Dale Carpenter was quoted in a Los Angeles Times story about whether or not the U.S. Supreme Court would hear the appeal of Proposition 8. The article stated that the narrow California-only approach put forth by the 9th Circuit means that the Supreme Court might shy away from the dispute. If so, a national ruling on same-sex marriage maybe several years into the future. Carpenter said, "The opinion holds that Prop. 8 was unconstitutional only in a case where the state had already granted full legal rights to same-sex couples."

Read Dale Carpenter's Faculty Profile

Prof. Kirtley Quoted on Publication of Mug Shot Photos in Tabloid

February 5, 2012

Professor Jane Kirtley was quoted in a Pioneer Press article about "Busted," a weekly tabloid that routinely publishes mug shots from several county jails in the Twin Cities metro area. Kirtley cautioned that "wholesale publication" of these photos poses a risk to continued public access to them as legislators become concerned about privacy issues. "I would never want anyone to say these are not public records," she said.

Read Jane Kirtley's Faculty Profile

Prof. Goodwin Presents at International Conference, "Intersecting Family Lives, Locales, and Labours"

February 3, 2012

Professor Michele Goodwin is the featured closing plenary speaker at the international conference, "Intersecting Family Lives, Locales, and Labours," in London. Goodwin will present a talk building from her forthcoming book, Policing The Womb, which examines how the regulation of women's reproduction has shifted from an exclusive focus on abortion, to now encompass women's behavior and conduct, during pregnancy. Goodwin's research exposes how this type of attention to women's reproduction primarily focuses on the poor and she draws a contrast between maternal conduct laws that investigate poor women's conduct versus that of wealthier women who utilize assisted reproductive technologies.

Read Michele Goodwin's Faculty Profile

Prof. Painter Quoted in NYT on Securities Law

February 3, 2012

Professor Richard Painter was quoted in an article in the New York Times reporting that the Securities and Exchange Commission is avoiding tough sanctions for large banks in securities fraud cases. Many of the cases involve banks that allegedly misled investors in securities they underwrote for clients, and the banks were allowed to escape SEC restrictions ordinarily imposed on issuers that enter into consent decrees in fraud cases. Painter told the New York Times that he did not agree with the argument that a bank accused of misleading investors in a securities transaction for a client is not also likely to mislead investors about its own securities.

Read Richard W. Painter's Faculty Profile

Prof. Levinson to Present at Manifold Greatness Colloquium, Wilson Library

February 3, 2012

Professor Bernard Levinson will present his paper, "The King James Bible: Scripture, Statecraft, and the American Founding," at the Manifold Greatness Colloquium on Feb. 3. The colloquium is part of a series celebrating the 400th Anniversary of the King James Bible with a special exhibits and events. Reception with music to follow.

Read Bernard M. Levinson's Faculty Profile

Prof. Cox's Research, Subject of U.S. House Judiciary Testimony

February 2, 2012

A study co-authored by Professor Prentiss Cox and Professor Amy Widman of Northern Illinois University was discussed in a testimony before the Judiciary Committee of the U.S. House of Representatives. The study, recently published in the Cardozo Law Review, evaluated the use by state attorneys general of concurrent enforcement authority over federal consumer protection laws. The study concluded that such use was relatively modest and cooperative with federal agencies. Widman testified before the committee about the study, and others testifying before the committee also referred to the study.

Read Prentiss Cox's Faculty Profile

Prof. Goodwin Quoted in Star Tribune on Recent Murder of Afghani Mother

February 1, 2012

Professor Michele Goodwin, an expert on health care law and international human rights, was quoted in the Star Tribune about the recent murder of a 22-year-old mother from Afghanistan. Goodwin noted that the punishment of women for failing to birth boys is not uncommon, nor are feticide and infanticide of girls unusual in communities that value males above females. She commented that in Afghanistan, as well as other parts of the world, girls are considered an economic burden. Parents do not see the value in educating girls. Such perceptions are reinforced by social traditions and stigmas, but the problem is cyclical as well, as uneducated girls are unlikely to achieve meaningful employment, and those without meaningful employment are unable to establish independence and care for themselves and others.

Read Michele Goodwin's Faculty Profile