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Faculty News

for July, 2012

Prof. Kirtley Discusses Proposed Bill to Punish Disclosures of National Intelligence Information

July 31, 2012

Professor Jane Kirtley was quoted in a Politico article about bipartisan legislation aimed at preventing and punishing unauthorized disclosure of "national intelligence or intelligence related" information by controlling access to the media by government employees. Kirtley said that the bill is designed to intimidate, but is misdirected because although the impetus for the bill comes from alleged White House leaks, it targets "lower level people for this kind of draconian control," which is "not only disappointing but ultimately ineffectual."

Read Jane Kirtley's Faculty Profile

Prof. Morrison Quoted in Star Tribune on Amendment Titles

July 31, 2012

Professor Fred Morrison was quoted in a Star Tribune article entitled "Amendment Titles Go to Minn. High Court on Tuesday." Morrison was quoted saying, "Titles are important because they give people a mind-set about what is in the amendment. The amendment itself is not printed on the ballot."

Read Fred Morrison's Faculty Profile

Prof. Orfield Speaks on MPR on Suburban Diversity

July 31, 2012

Professor Myron Orfield discussed his new study on suburban diversity with Ron Brownstein, editorial director at the National Journal, Kai Wright, editorial director of Colorlines.com and Kerri Miller and Tom Weber of Minnesota Public Radio.

Read Myron Orfield's Faculty Profile

Prof. McGeveran Quoted in MPR Article on Accretive Privacy Settlement

July 31, 2012

Professor William McGeveran was quoted in a Minnesota Public Radio story about the settlement in lawsuit brought by the Minnesota Attorney General against Accretive Health. The complaint alleged Accretive's bill collection in emergency rooms and lapses in data security were unlawful. It also gathered national attention because it was among the first uses of two new enforcement powers in federal health privacy law. The new provisions authorize state attorneys general to enforce the federal law themselves. They also allow actions directly against subcontractors like Accretive, not just the hospitals or doctors who hire them.

Read William McGeveran's Faculty Profile

Profs. McGeveran and Orfield Write Star Tribune Op-Ed on Ballot Amendment Titles

July 26, 2012

Professors William McGeveran and Myron Orfield published a Star Tribune opinion article arguing that the Minnesota Secretary of State has the statutory and constitutional power to select titles for constitutional amendments on the ballot. Legislators and organizations supporting two amendments this fall have filed a petition in the state's Supreme Court opposing titles chosen for their proposals. The op-ed summarizes arguments made in an amicus brief to the Court signed by a number of law professors, including McGeveran and Orfield, that the Legislature cannot force its preferred title onto the ballot over the governor's veto.

Read William McGeveran's Faculty Profile
Read Myron Orfield's Faculty Profile

Prof. Painter Quoted in New York Times on Filming Campaign Commercial in West Wing

July 25, 2012

Professor Richard Painter was quoted in the print edition of The New York Times in an article on President Obama's filming of a campaign commercial in the White House Chief of Staff's office in the West Wing. Painter said that, as the chief ethics lawyer for President Bush, he would not have approved of the filming of a campaign commercial in the West Wing, there was nothing illegal or highly improper about it unless fundraising were involved.

Read Richard W. Painter's Faculty Profile

Prof. Cox Featured in Philadelphia Inquirer on "Preacquired Account Marketing"

July 23, 2012

Professor Prentiss Cox was featured in a Philadelphia Inquirer article by Jeff Gelles entitled "Consumer 12.0: Praise for the 1-Year-Old Consumer Protection Bureau." The article described Cox's work on the issue of "preacquired account marketing," which is a deceptive practice that relies on the seller obtaining special access to consumer accounts. The first enforcement action of the new Consumer Financial Protection Bureau was for a related practice engaged in by Capitol One Bank. The article noted that Cox brought several cases involving this practice while an Assistant Attorney General, that he published an article on the subject in the Harvard Journal of Legislation, and that he testified before United States Senate on the matter.

Read Prentiss Cox's Faculty Profile

Prof. Goodwin Writes on Lessons from Penn State

July 20, 2012

Professor Michele Goodwin published an article in the Chronicle of Higher Education's Brainstorm Blog. The article, entitled "2 Lessons From the Penn State Scandal," discussed the recently-released Freeh report, detailing Penn State's role in Gerald Sandusky's sexual abuse of boys and how the sports-dominated culture at Penn State played a part in the University's failure to protect these boys. This culture, which Goodwin acknowledged is not unique to Penn State, compelled both senior leadership and the Board of Trustees to prioritize "protecting its football team's reputation above all else." In light of this tragedy, Goodwin provided two lessons that should be learned and followed by other institutions hoping to avoid such tragedies: first, universities must "clarify the role and responsibility of the general counsel's office" to ensure that the long-term interests of the university come first; and second universities must "adhere to the Clery Act," a federal statute requiring colleges that receive federal financial aid to keep and disclose information about campus crimes. Had Penn State followed these suggestions, "some of Sandusky's victims might have been spared along with the university's reputation."

Prof. Orfield's Study on Racially Diverse Suburbs Cited by National and Local Media

July 20, 2012

Professor Myron Orfield, Director of the Institute on Metropolitan Opportunity, and Research Director Thomas Luce, released a study that reveals the rapid growth of racially diverse suburbs in the 50 largest U.S. regions. "America's Racially Diverse Suburbs: Opportunities and Challenges," 2012, details the opportunities and challenges faced by these communities and outlines legal and policy changes to help these communities remain diverse and prosperous. The study has been cited in national and local media including:

National Journal Political Connections column
National Journal Demographics section
National Journal: "Metropolitan Diversity: Chicago, 2000-10"
USA Today
Bloomberg
BloombergBusinessweek
New York Times Economix Blog
Minnesota Public Radio
Pioneer Press
Star Tribune - Op-ed by Orfield
The Atlantic Cities
MinnPost (7-20-2012)
MinnPost (9-19-2012)
Wall Street Journal
Deadline Detroit
Oak Park Leaves
Science Blog
Science Codex
Kensington.Patch.com

Read Myron Orfield's Faculty Profile

Prof. McGeveran Quoted in Forbes.com Article on Trademarks and "Culture Jamming"

July 18, 2012

Professor William McGeveran was quoted in a Forbes.com article about the use of Shell Oil trademarks in an elaborate prank. Greenpeace and other groups opposed to the company's arctic drilling plans have mocked Shell through a fake Web site, YouTube video, and Twitter account in a technique sometimes called "culture jamming." As McGeveran explained, "Because culture jamming uses that period of uncertainty about reality in order to make its point, it doesn't do well under traditional trademark rules."

Read William McGeveran's Faculty Profile

Professors Submit Amicus Brief on Controversial Marriage Amendment Title

July 18, 2012

Professor Dale Carpenter spearheaded an effort to submit a law professors' amicus brief to the Minnesota Supreme Court in support of Secretary of State Mark Ritchie's authority to select a title for the marriage amendment up for a vote in November. Nineteen professors from all four local law schools signed the brief, including Professors Brian Bix, Claire Hill, Brett McDonnell, William McGeveran, Fred Morrison, Myron Orfield, Richard Painter, and Carpenter. Robins, Kaplan, Miller & Ciresi attorneys, including Jamie Kurtz (’10), Laura Nelson (’03), and Bruce Manning acted as representatives. The brief maintains that the Legislature's title, "Recognition of Marriage Solely Between One Man and One Woman," has no legal standing because it was vetoed by the Governor. The professors also argue that Ritchie's alternative, "Limiting the Status of Marriage to Opposite Sex Couples," represents an "appropriate title" as required by Minnesota statutory and constitutional law. The Court will hear the challenge to the title on July 31.

Read Dale Carpenter's Faculty Profile

Prof. Painter Quoted in FOX 9 News Article on Romney and Bain Capital

July 13, 2012

Professor Richard Painter was quoted in a FOX 9 News article entitled "Bain Capital Becoming Bane of Romney Campaign." The article quoted Painter saying, "I'd think they have to show (Romney) making investment decisions about companies, management decisions, management decisions of job overseas. Much of this happened 12 years ago, and I'm much more interested in what he says about creating jobs in 2013."

Read Richard W. Painter's Faculty Profile

Prof. Kirtley Discusses SCOTUSblog in American Journalism Review

July 13, 2012

Professor Jane Kirtley was quoted by American Journalism Review in an article about SCOTUSblog, founded in 2002 by Supreme Court litigators, with reporting by veteran journalist Lyle Denniston, and funded by Bloomberg Law. SCOTUSblog received 5.3 million page views on the day of the Supreme Court's ruling in the ACA case. "Providing context and accuracy is what sets them apart for me," Kirtley said. "SCOTUSblog is more forthcoming in potential conflicts of interest than you might see in other instances. Their journalistic standards on reporting on the Affordable Health Care Act are better than some of the mainstream media."

Read Jane Kirtley's Faculty Profile

Prof. Orfield Quoted in Star Tribune on Wells Fargo Bias Case

July 13, 2012

Professor Myron Orfield was quoted in a Star Tribune article entitled "Wells Fargo Pays $175 Million in Bias Case." Orfield commented on the historic Wells Fargo Fair Housing settlement, and he noted that racial disparities in lending are very great in the Twin Cities.

Read Myron Orfield's Faculty Profile

Prof. Monahan's Article on State Pension Laws Cited in Op-Ed

July 12, 2012

Professor Amy Monahan's article on California's public-sector pension law, published in the Iowa Law Review, was cited in a Marin Independent Journal op-ed entitled "Time to Challenge State Pension Law." The author stated that Monahan's article "should be required reading for all policymakers."

Read Amy B. Monahan's Faculty Profile

Prof. Cotter's Article Featured on "Written Description" Patent Law Blog

July 12, 2012

Professor Tom Cotter's article "An Economic Analysis of Patent Law's Inequitable Conduct Doctrine," 53 Ariz. L. Rev. 735 (2011), was featured on the "Written Description" Patent Law Blog in a post by Southern Methodist University Dedman School of Law Professor Sarah Tran. The post provided a thoughtful discussion of Cotter's model of the inequitable conduct doctrine as, ideally, a tool for inducing patent applicants to disclose the optimal amount of information relevant to whether their inventions are patentable, and his conclusion that the doctrine only approximately attains this ideal.

Read Tom Cotter's Faculty Profile

Prof. Carpenter Speaks on MPR on Ballot Question Titles

July 11, 2012

Professor Dale Carpenter was a guest on Minnesota Public Radio's "Morning Edition" for a segment entitled "Who Gets to Pick the Title for a Ballot Question?" which involved an analysis of the power to choose the ballot title for a constitutional amendment in Minnesota. Carpenter discussed the legal arguments in the case of the titles that will appear on the ballot this fall atop two proposed constitutional amendments.

Read Dale Carpenter's Faculty Profile

Prof. Painter Quoted in Editorials on Insider Trading

July 11, 2012

Professor Richard Painter was quoted in a Cleveland Plain Dealer editorial and a separate editorial in North Dakota's Grand Forks Herald. Both editorials criticized securities trades allegedly made by Members of Congress while in possession of confidential government information about the 2008 financial crisis. Both editorials quoted Painter's statement in an earlier interview with the Washington Post that Members of Congress should observe for themselves the conflict of interest and insider trading rules that they impose on the executive branch and on the private sector.

Read Richard W. Painter's Faculty Profile

Prof. Hill Publishes Article on Rating Agencies in The European

July 11, 2012

Professor Claire Hill participated in a debate on the rating agencies' role in the Eurozone crisis, and her article was published in The European, an online opinion magazine. Hill argued that previous criticisms of the rating agencies for European downgrades were mostly misplaced, and that attention has appropriately turned more to the real causes of and solutions to the crisis. She noted that ratings can unsettle already jittery markets because they are so focal and salient. Rating agency reform, while desirable, cannot readily affect this reality.

Read Claire Hill's Faculty Profile

Prof. Wolf Speaks on MPR on In Vitro Fertilization

July 10, 2012

Professor Susan Wolf was a guest on Minnesota Public Radio's "The Daily Circuit" to discuss the first "test tube baby" in 1978 and current issues raised by in vitro fertilization.

Read Susan M. Wolf's Faculty Profile

Prof. Matheson Publishes International Presentation

July 6, 2012

Professor John Matheson participated in the International Conference on Law, organized by the Athens Institute for Education and Research (ATINER), held in Athens, Greece and published his article, "Common Law Veil Piercing in the USA: An Empirical Examination," in the book, Financial Crisis, Globalisation and Regulatory Reform (2012)(David A. Frenkel and Carsten Gerner-Beuerle, editors).

Read John Matheson's Faculty Profile

Prof. Frase Quoted in Star Tribune on Amy Senser Case

July 3, 2012

Professor Richard Frase was quoted in a Star Tribune article about the upcoming sentencing of Amy Senser, the wife of former Vikings star Joe Senser. She was convicted of Criminal Vehicular Homicide for failing to stop and notify police after her car struck and killed a man putting gas in his car on an I-94 exit ramp. Frase explained that, under the Minnesota Sentencing Guidelines, the judge might have the legal authority to depart downward as to the length of the Guidelines recommended prison term (41-57 months) and/or as to whether that term is executed or suspended; in case of suspension, the judge would then have the discretion to impose up to one year in jail as a condition of probation. Frase noted that in a high-profile case such as this, whatever the judge decides will become known to many people, which might lead the judge to stay within the recommended Guidelines range and not depart.

Read Richard Frase's Faculty Profile

Prof. Wolf Appointed to National Science Advisory Board on Biosecurity

July 2, 2012

U.S. Department of Health and Human Services Secretary Kathleen Sebelius has appointed Professor Susan Wolf to the National Science Advisory Board on Biosecurity (NSABB). NSABB, which is administered by the Office of Biotechnology Activities (OBA) at the National Institutes of Health (NIH), is described on the OBA website as "a federal advisory committee chartered to provide advice, guidance, and leadership regarding biosecurity oversight of dual use research, defined as biological research with legitimate scientific purpose that may be misused to pose a biologic threat to public health and/or national security." For more on NSABB, please visit oba.od.nih.gov/biosecurity/about_nsabb.html.

Read Susan M. Wolf's Faculty Profile