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Faculty News

for July, 2011

Prof. Hill Quoted in Wall Street Journal on Ratings Downgrade

July 30, 2011

Professor Claire Hill was quoted in a Wall Street Journal article entitled "What a Downgrade Means for You." Hill noted that safety is relative, and in the event of a U.S. downgrade, investors would still compare the U.S. to other investing alternatives, not to its previous, more highly-rated status. She also mentioned, though, that the dysfunction in the U.S. was on full display.

Read Claire Hill's Faculty Profile

Prof. Hall in New York Times on IOM's Forthcoming Medical Device Report

July 28, 2011

Professor Ralph F. Hall was quoted in the New York Times on a forthcoming report from the Institute of Medicine (IOM) on recommendations to the U.S. Food and Drug Administration (FDA) on medical devices. The IOM's panel was commissioned by the FDA to advise on ways to improve on one of two regulatory pathways the FDA uses to approve medical devices. Hall published a Recent Development on this issue in the Minnesota Journal of Law, Science & Technology (MJLST), Vol. 12, issue 2, with co-author Eva Stensvad (’11), and they have written a follow-up article that will be published in Vol. 13, issue 1 of MJLST.

Read Ralph Hall's Faculty Profile

Prof. McDonnell Interviewed by Benzinga Radio on Dodd-Frank

July 28, 2011

Professor Brett McDonnell was interviewed by Benzinga Radio, an online service focused on business and financial news, on the state of financial regulation one year after the passage of the Dodd-Frank Act. The interview discussed McDonnell's recently published article "Of Mises and Min(sky)," where he focuses on the severe uncertainty facing both markets and regulators and argues that the act strikes a mostly reasonable balance between under- and over-regulation.

Read Brett McDonnell's Faculty Profile

Prof. Orfield Discusses Unequal Decline in Home Values on MPR

July 28, 2011

Professor Myron Orfield was a guest on Minnesota Public Radio in a piece entitled "Housing Market Decline Contributes to Increased Gap in Wealth Between Groups." Orfield said home values didn't drop equally across the board, and this affected families of color in north Minneapolis, Brooklyn Center and east Bloomington in particular. "If you buy in a Black neighborhood or a racially transitioning, inner-ring suburban neighborhood, the odds are you're not going to increase value," Orfield said. "You're going to, in many cases, experience negative value, and you don't build equity with negative value. Segregated and re-segregating markets don't gain value in the same way."

Read Myron Orfield's Faculty Profile

Prof. Klass Quoted in Star Tribune on Pesticide Drift, Trespass, and Organic Farming

July 26, 2011

Professor Alexandra Klass was quoted in a Star Tribune article about the Minnesota Court of Appeals ruling that letting damaging chemicals cross property lines is trespassing. Klass said that the decision "puts it in line with how other jurisdictions have dealt with this. The vast majority of jurisdictions find that pesticide drift is a trespass."

Read Alexandra Klass's Faculty Profile

Prof. Hill Publishes Article in The European Magazine

July 22, 2011

Professor Claire Hill published an article in The European magazine on the rating agencies' recent downgrades in Europe. Hill argued, "Whatever we may conclude as to how their misratings in the preceding decade contributed to the crisis now, Europe's current turmoil will exist whatever the rating agencies do; focusing on downgrading deflects attention from where it is far more urgently needed."

Read Claire Hill's Faculty Profile

Prof. Matheson Presents Veil-Piercing Research at International Conference

July 21, 2011

Professor John Matheson presented his paper, Common Law Veil Piercing in the USA: An Empirical Examination, at the 8th Annual International Conference on Law, July 18-21, 2011. The conference was hosted by the Athens Institute for Education and Research. The Institute was established in 1995 as an independent academic organization with the mission to become a forum where academics and researchers from all over the world could meet and exchange ideas on their research and discuss the future developments of their discipline. Matheson's paper was the subject of discussion and questions at the conference and will ultimately be published in the conference proceedings.

Read John Matheson's Faculty Profile

Prof. Kirtley Discusses Law and Ethics of "Adult Advertising" on Seattle Radio

July 21, 2011

Professor Jane Kirtley was a guest on KUOW Puget Sound Public Radio's Weekday program, "The Moral Dilemma of Advertising." Kirtley discussed the legal and ethical issues raised bv the Seattle mayor's threat to withdraw all city-funded advertising from Seattle Weekly in retaliation for the alternative weekly's running "adult" advertisements that the mayor claims facilitate child prostitution.

Read Jane Kirtley's Faculty Profile

Prof. Kirtley Discusses Murdoch's Phone-Hacking Scandal

July 20, 2011

Professor Jane Kirtley was a guest on the Lawyer2Lawyer podcast, "Inside Rupert Murdoch's Phone Hacking Scandal," produced by Legal Talk Network. Kirtley discussed the media law and ethics issues arising from the allegations of bribery and phone hacking by journalists at News Corporation organizations in the United Kingdom and the possible ramifications for Murdoch's properties in the United States.

Read Jane Kirtley's Faculty Profile

Prof. Monahan Addresses Southern Legislative Conference on Public Pension Reform

July 18, 2011

Professor Amy Monahan addressed the Fiscal Affairs & Government Operations Committee of the Southern Legislative Conference at its 65th annual meeting. Monahan discussed the legal limitations on public employee pension reform. The Southern Legislative Conference represents 15 state legislatures, and is part of the Council of State Governments.

Read Amy B. Monahan's Faculty Profile

Prof. Orfield to Speak at White House Summit on First-Tier Suburbs

July 18, 2011

Myron Orfield, Professor of Law and Executive Director of the Institute on Race & Poverty (IRP), will speak at the White House on Monday, July 18, at a summit, entitled "Forum on First Suburbs, Inclusion, Sustainability, and Economic Growth." Orfield will present some of the findings included in his upcoming paper, "Federal Law Reform and America's Fully Developed Suburbs," co-authored by Thomas Luce, Research Director of IRP. A bi-partisan group of approximately 150 local officials from fully developed suburbs throughout the United States and domestic agency policy staff and officials will be in attendance.

Read Myron Orfield's Faculty Profile

Prof. Kirtley Quoted in Star Tribune on Murdoch Phone-Hacking Scandal

July 15, 2011

Professor Jane Kirtley was quoted in a Star Tribune column about the phone-hacking scandal involving newspapers owned by Rupert Murdoch. Kirtley discussed how "the lack of privacy laws have contributed to the tabloid journalism culture because many activities that would be illegal in this country are not in Great Britain," and predicted that the British parliament may be poised to attempt to enact "truly draconian laws."

Read Jane Kirtley's Faculty Profile

Prof. Hill Quoted in Die Zeit on Rating Agency Downgrades

July 14, 2011

Professor Claire Hill was quoted in the German newspaper Die Zeit on the recent rating agency downgrades of sovereign debt in Portugal. Hill opined that asking rating agencies to take into account the negative effects of a downgrade was, in effect, asking them to compromise the independence and accuracy of their ratings. She also noted that there is never a "good time" to deliver bad news, such as a ratings downgrade.

Read Claire Hill's Faculty Profile

Prof. Kritzer Quoted by Star Tribune Columnist on Creating Laws based on Rare Tragedies

July 13, 2011

Professor Herbert Kritzer was quoted by Star Tribune columnist Gail Rosenblum in a piece questioning the calls for creating "Caylee's Law" in the aftermath of the acquittal of Casey Anthony who was accused of murdering her 2-year-old daughter. Kritzer observed when "you create a law based on some weird case, you discover later that it sweeps in other things." He described the example of sex offender registration laws being applied to acts occurring in the context of a consensual relationship between a 20-year-old and a partner just under the legal age of consent.

Read Herbert M. Kritzer's Faculty Profile

Prof. Cox on MPR's Midmorning on Foreclosures

July 12, 2011

Professor Prentiss Cox was a guest on Minnesota Public Radio's Midmorning broadcast. The show detailed how Minnesota foreclosures keep the economy from recovering. Since the recession began, the state has surpassed 100,000 foreclosures, and now sustained unemployment is causing a new wave of mortgage defaults nationwide.

Read Prentiss Cox's Faculty Profile

Prof. Hall to Speak at Forum on Government Combating Fraud and Abuse in Health Care System

July 11, 2011

Professor Ralph Hall will be a panelist at the first of a new forum series exploring government efforts to combat fraud and abuse in the health care system. The forum, entitled "Health Care Fraud and Abuse Enforcement: What's at Stake?" will take place on Capitol Hill on July 12.

Read Ralph Hall's Faculty Profile

Prof. Cox Quoted in Star Tribune Op-Ed, "U.S. Policy Needed to Stabilize Housing"

July 9, 2011

Professor Prentiss Cox was quoted in an editorial in the Star Tribune advocating stronger loan modification requirements for mortgage lenders. Cox noted that current loan modification efforts by lenders were incoherent and confuse borrowers.

Read Prentiss Cox's Faculty Profile

Reuters Quotes Prof. Green in Article on Indonesia Torture Case vs ExxonMobil

July 8, 2011

Professor Jennie Green was quoted in a Reuters article about a D.C. Circuit Court of Appeals ruling that revived a lawsuit against Exxon Mobil Corp for human rights violations. The case involves 15 Indonesian villagers who accused Exxon Mobil Corp of retaining soliders from Indonesia's Aceh territory military forces as guards despite knowing of past and ongoing human rights violations by the Aceh forces. "The ruling basically says that corporations are not above the law," Green said. "When corporations have knowledge that they are aiding and abetting human rights abuses, they can be held liable in a U.S. court."

The D.C. Circuit's opinion also quoted extensively from an Amicus Curiae brief of Nuremberg Scholars for which Professor Green was counsel, Professor Fionnuala Ni Aolain was an amicus curiae, and which the Human Rights Litigation Clinic assisted in drafting during the fall 2010.

Read Jennie Green's Faculty Profile

Prof. Kritzer Quoted in Milwaukee Journal Sentinel on Changing Methods of Selecting Judges

July 7, 2011

Professor Herbert Kritzer was quoted in a Milwaukee Journal Sentinel article that discussed proposals for changing Wisconsin's method of selecting and retaining judges. Kritzer observed that it's hard to change selection methods in the midst of substantial political conflict. Kritzer said, "People are going to say, 'Who's this advantaging?'"

Read Herbert M. Kritzer's Faculty Profile

D.C. Circuit Agrees with Prof. Hickman's Amicus Brief

July 1, 2011

The United States Court of Appeals for the District of Columbia Circuit, sitting en banc, agreed with the conclusion asserted and arguments raised in an amicus brief authored by Professor Kristin Hickman. In Cohen v. United States, No. 08-5088, the court considered whether to allow the district court to consider the merits of an Administrative Procedure Act (APA) challenge to IRS Notice 2006-50, and particularly whether language in Internal Revenue Code 7421(a) and the Declaratory Judgment Act precluded judicial review. Hickman's brief argued in favor of interpreting the Internal Revenue Code and the Declaratory Judgment Act coterminously and narrowly so as to allow the taxpayers' APA challenge to proceed on the merits. In a 6-3 decision, the court agreed and justified its conclusion in part using arguments raised in Hickman's brief.

Read Kristin Hickman's Faculty Profile