for June, 2007
June 18, 2007
Professor Prentiss Cox was recently quoted in USA Today about continued problems in the subprime mortgage lending industry. He stated that the problems in subprime lending were preventable. Cox also provided data on Hennepin County foreclosures used in the story.
Cox also was quoted in the Milwaukee Journal Sentinel regarding foreclosure rescue scams. Homeowners in foreclosure who lose equity through deceptive conduct has been a problem for the last few years, and the problem may be increasing with the sharp rise in foreclosure nationally. The article also discussed a 2004 Minnesota law drafted by Cox that has been a national model for legislation to address the problem.
Cox also discussed foreclosure issues on June 21 on the Urban Journal, a show on satellite radio.
Read Prentiss Cox's Faculty Profile
June 17, 2007
On BBC Radio Ulster’s Sunday Sequence program, Prof. Oren Gross and retired U.K. social policy Prof. Hilary Rose debated whether British academic organizations should boycott Israeli universities and colleges to protest Israel’s “illegal occupation of Palestine,” as called for by the U.K.’s largest academic trade union—the University and College Union (UCU). Prof. Gross, an Israeli citizen, strongly opposed the boycott, saying it was selective in singling out Israel. He called the proposal hypocritical, immoral, anti-Semitic, and a threat to the fundamental principal of academic freedom.
Read Oren Gross's Faculty Profile
Gross and Ní Aoláin's book launched in Belfast
June 15, 2007
Professors Oren Gross and Fionnuala Ní Aoláin's award winning book launched in Belfast. Law in Times of Crisis, a book co-authored by Professors Gross and Ní Aoláin and published by Cambridge University Press in 2006, was awarded the American Society of International Law's Certificate of Merit for 2007. To celebrate the publication of the book and the prestigious award, the Transitional Justice Institute at the University of Ulster in Belfast, Northern Ireland, held a book launch party on June 15 attended, among others, by the Vice Chancellor of the University, Prof. Richard Barnett. Prof. David Kretzmer, who introduced the book and the co-authors, described the book as "the definitive work" and the "immediate classical reference book" in the field of emergency powers.
Read Oren Gross's Faculty Profile.
Read Fionnuala Ní Aoláin's Faculty Profile.
June 11, 2007
Prof. Jane Kirtley is quoted in "Kind of Confidential," in the June/July 2007 issue of American Journalism Review. The article discusses the emerging law narrowly interpreting journalists' rights to protect confidential sources. Prof. Kirtley described how judges' skepticism about a constitutional privilege is effectively turning reporters into investigative arms of the government who should consider issuing "Miranda" warnings to their sources. She distinguished the attorney-client relationship from the reporter-source relationship, which many argue should only be protected when the source is engaged in whistleblowing or otherwise making a revelation that is in the public interest. "Who the source is or what the source's motive is really irrelevant to the situation. As a lawyer, Kirtley said, 'my client can be an ax murderer, and it doesn't matter, the privilege still attaches.'"
Read Jane Kirtley's Faculty Profile
June 7, 2007
Professor Bruce J. Shnider has published his outline “Tax Consequences of Stock-Based Compensation” in Volume 33, Number 2 edition of Journal of Pension Planning & Compliance. The outline addresses the tax consequences associated with the grant and exercise of a whole host of stock-based compensation devices such as options, both Incentive Stock Options and Non-Incentive, restricted stock and restricted stock units, stock appreciation rights, employee stock purchase plans, etc. It also addresses related tax issues such as the golden parachute provisions of Section 280G and the $1 million cap rules of Section 162(m).
June 7, 2007
Professor Ted Sampsell-Jones was quoted in the Star Tribune discussing Minnesota's special felony murder statute for drug dealers. A Minneapolis dealer was recently charged with murder after one of his buyers died of an overdose. Sampsell-Jones described how Minnesota's third-degree murder statute eases the prosecution's burden by relieving it of the obligation to prove any culpable intent on the defendant's part.
June 7, 2007
Professor Richard Frase was quoted in a Pioneer Press article regarding State v. Davis. The case upheld a search warrant based in part on a positive alert given by a drug-sniffing police dog outside Davis's apartment door. Minnesota courts have used the state constitution to put additional limitations on the use of such dogs, requiring that before deploying the dog, police must have "reasonable articulable suspicion" of a drug violation.
Previous cases involved dog sniffs of the exterior of cars and storage lockers, but the Supreme Court in Davis declined to require additional suspicion (probable cause) to sniff odors emanating from someone's home, at least where the police are lawfully standing in a common hallway. The reasonable articulable suspicion standard, lower than the "fair probability" required for probable cause, was satisfied in this case by tips from apartment workers who thought they had seen marijuana-growing lights in the apartment, and had been denied access to check on a possible water leak.
Read Richard Frase's Faculty Profile