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Faculty News

for July, 2009

Prof Goodwin Moderates Panel on Race in Christian Science Monitor

July 30, 2009

Professor Michele Bratcher Goodwin was invited by The Christian Science Monitor to moderate an esteemed panel of writers reflecting on experiences that shaped their views of race in America. Goodwin observed that their experiences reveal that there isn't one distinct view of race in the United States, and more importantly, that the commentaries demonstrate how important a vigorous education is to expand our world view and overcome intolerance and ignorance. She writes, "Sara Libby, Daisy Hernandez, and Lawrence Harrison dispel the notion of a color blind society, while also implicitly revealing that we craft the racial realities we desire. Sometimes that means playing the role of victim, but at other times ignoring the ways that class and gender confer significant privileges, including determining where children can play or attend school."

Prof Clary Quoted in Duluth News Tribune

July 30, 2009

Prof. Brad Clary was quoted in the Duluth News Tribune concerning the denial of a temporary injunction in the Welky v. ISD 709 case. The judge ruled that the plaintiffs had not demonstrated a likelihood of ultimate success on the merits. "As a defendant in the position of the school district, I [would be] very happy to see that language," Clary said. "But no one should read too much or too little into that. This is simply a preliminary ruling on what is currently before the court. The court has not made up its mind on the ultimate merits of the argument." (login may be required)

Read Brad Clary's Faculty Profile

Prof. Monahan Addresses Public Pension Plan Reform at Conference

July 29, 2009

Professor Monahan addressed the legal options for public pension plan reform at the conference "Can Retirement Systems Be Used to Improve Teacher Recruitment and Retention?" sponsored by the Southwest Regional Education Lab of the U.S. Department of Education in Dallas Texas.

Read Amy B. Monahan's Faculty Profile

Prof Hall Quoted in Star Tribune About Medtronic Settlement

July 28, 2009

Professor Ralph Hall was quoted extensively in a Star Tribune article about a 12-year legal battle over coronary stent and stent delivery technology that resulted in a $400 million settlement between Medtronic Inc. and Abbott Laboratories. "Research is the lifeblood of the med-tech industry," noted Hall. "Companies are reluctant to allow others to benefit for free from their research and development, and that's why there's patent litigation," he said.

The two companies also agreed not to sue each other over the stent field for the next ten years. "Ten years gives everyone a level of certainty and time to focus attention and resources on new products, innovation and research, rather than being consumed by patent litigation," Hall added.

Prof. Goodwin's "Cambridge-Gate" Op/Ed in Christian Science Monitor

July 24, 2009

In her opinion article in the Christian Science Monitor, Professor Michele Goodwin asks "whether 'Cambridge-Gate' tells us anything about the state of race relations in America, or was the arrest of prestigious Harvard scholar Henry Louis Gates Jr. just an isolated incident blown out of proportion?" The dueling perspectives are revealing, she argues. Goodwin states, "In 'post-racial' America, discussing uncomfortable racial encounters, especially by law enforcement, can seem like whining or victimhood." She attributes this to the conflation of racial stories and generalities that sometimes live beyond their isolated instances. Goodwin offers that the status academic distinction confers, including the desire to be insulated from stereotyping and maltreatment, should be the social standard for the treatment of everyone in the United States.

Cox in Star Tribune Editorial on Arbitration Case

July 24, 2009

Professor Prentiss Cox was quoted in an editorial in the StarTribune concerning a significant case involving mandatory arbitration filed by Minnesota Attorney General Lori Swanson. Cox noted the importance of the case in the on-going national debate about the federal law that allows sellers to require consumers to engage in mandatory arbitration with arbitrators selected by the seller.

Read Prentiss Cox's Faculty Profile

Unmasking Anonymous Online Speakers "Is Complicated," Kirtley Tells Pioneer Press

July 24, 2009

Professor Jane Kirtley was quoted in an article in the St. Paul Pioneer Press about an anonymous web site that threatened White Bear Lake mayoral candidates with the release of personal information. Kirtley noted that accurate reports of legally-obtained public record information are protected speech, but warned that erroneous defamatory conclusions drawn from that information may not be. She added that another issue would be trying to determine who the anonymous posters are. "One of the things Web publishers are doing is making practically obscure information very publicly available," she added.

Read Jane Kirtley's Faculty Profile

MPR Asks McGeveran About "Net Neutrality"

July 15, 2009

Minnesota Public Radio interviewed Professor William McGeveran about "net neutrality"--proposed requirements that internet providers transmit all content at the same speed rather than charging premium rates for fast loading--after Minnesota's new senator, Al Franken, raised the issue at Judge Sonia Sotomayor's Supreme Court confirmation hearings.

Read William McGeveran's Faculty Profile

Prof Burkhart Appointed to Joint Editorial Board for Uniform Real Property Acts

July 15, 2009

The American College of Real Estate Lawyers has appointed Professor Ann M. Burkhart to serve as its representative to the Uniform Law Commission's Joint Editorial Board for Uniform Real Property Acts. The Commission includes commissioners from each state, the District of Columbia, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands. The commissioners draft and propose statutes to state legislatures in areas of the law that would benefit from state uniformity. Since its organization in 1892, the Commission has drafted more than 200 uniform laws on numerous subjects, including the Uniform Commercial Code, the Uniform Probate Code, and the Uniform Partnership Act. The Joint Editorial Board advises the Commission on proposed uniform real property acts and proposed amendments to existing uniform laws. The Board's members are appointed by the American College of Real Estate Lawyers, the American College of Mortgage Attorneys, the American Bar Association, and the Uniform Law Commission.

Read Ann Burkhart's Faculty Profile

Prof Stras Discusses Confirmation Hearings

July 14, 2009

Professor David Stras was interviewed on Minnesota Public Radio's "Midday" program on the confirmation hearings for U.S. Supreme Court nominee Sonia Sotomayor. A constitutional law professor, he compared past hearings and outcomes with Sotomayor's questioning as of Day 2.