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Faculty News

for June, 2012

Prof. Orfield Quoted on MinnPost on Growth of Minneapolis and the Suburbs

June 29, 2012

Professor Myron Orfield was quoted in a MinnPost article entitled "Shift in Growth may be Harbinger of Good Times for Minneapolis, St. Paul." Orfield commented on a study reporting that Minneapolis grew faster than the suburbs. He noted that this may not continue after the housing market recovers.

Read Myron Orfield's Faculty Profile

Prof. Morrison Quoted in Star Tribune on Marriage Amendment Ballot Language

June 29, 2012

Professor Fred Morrison was quoted in a Star Tribune article entitled "New Ballot Language Starts a New Fight over Marriage Amendment." Morrison stated that he estimates amendment proponents will file a lawsuit over the new ballot title of the amendment to ban same-sex marriage that Secretary of State Mark Ritchie changed it to.

Read Fred Morrison's Faculty Profile

Prof. Kitrosser Interviewed on AM950 Radio on Health Care Ruling

June 28, 2012

Professor Heidi Kitrosser was interviewed on the Nancy Nelson Show on AM950 radio about the Supreme Court's ruling on the Affordable Care Act. Kitrosser explained that while the Supreme Court upheld the Act's individual mandate as an exercise of Congress' taxing power, it limited Congress' power to condition states' Medicaid funds on states' agreeing to expand their pool of Medicaid recipients.

Read Heidi Kitrosser's Faculty Profile

Prof. Cotter Quoted in Twin Cities Business Magazine on Michael Jordan Right of Publicity Claim

June 28, 2012

Professor Tom Cotter was quoted in an article in the June 2012 issue of Twin Cities Business Magazine entitled "Supervalu Slam Dunks Jordan." Cotter spoke about a recent decision in a right of publicity lawsuit filed by former Chicago Bulls legend Michael Jordan against Eden Prairie-based Supervalu and its Chicago subsidiary, Jewel-Osco. Cotter agrees with the court's ruling that, because Jordan is a public figure, and because Jewel's tribute to him in a commemorative issue of Sports Illustrated is not conventional advertising, the tribute is entitled to heightened First Amendment protection.

Read Tom Cotter's Faculty Profile

Prof. Meili Interviewed on Fox News on Supreme Court Immigration Decision

June 25, 2012

Professor Steve Meili was interviewed on the Fox TV News affiliate in Minneapolis shortly after the U.S. Supreme Court issued its decision in United States v. Arizona. Meili explained that while this was a somewhat mixed decision, in that the Supreme Court struck down three provisions of the Arizona statute and upheld one, on balance it will be viewed as a victory for the federal government because it affirmed the idea that the regulation of immigration remains largely a matter of federal, rather than state, control. Meili also explained that the one provision upheld by the Court, which requires local police to check the immigration status of any person whom they have reasonable suspicion to believe is in the U.S. unlawfully, will likely be challenged on equal protection grounds once it is implemented.

Read Steve Meili's Faculty Profile

Prof. Carpenter Profiled in Minnesota Monthly on Flagrant Conduct

June 25, 2012

Professor Dale Carpenter was featured in an article entitled "Overruled!" in the July 2012 issue of Minnesota Monthly. The article follows a Q&A format asking Carpenter about his book Flagrant Conduct: The Story of Lawrence v. Texas: How a Bedroom Arrest Decriminalized Gay Americans (W. W. Norton & Company, 2012).

Read Dale Carpenter's Faculty Profile

Prof. Painter Interviewed on Members of Congress Committing Insider Trading

June 24, 2012

Professor Richard Painter was quoted in a Washington Post story on Members of Congress who traded in stocks of companies affected by federal legislation, in some cases shortly after confidential meetings with Treasury Department officials. Painter pointed out that it would be illegal insider trading for a Member of Congress, or anyone else, to trade on the basis of confidential information misappropriated from the United States government. Painter was also interviewed on Fox Business News on this same topic, and he again told viewers that Members of Congress cannot legally trade on the basis of confidential information they learn from any part of the United States government.

Read Richard W. Painter's Faculty Profile

Prof. Kirtley Discusses FCC v. Fox and Tatro v. U of Minnesota on TPT's "Almanac"

June 22, 2012

Professor Jane Kirtley was a member of the "Media Panel" on Twin Cities Public Television's "Almanac." Among other topics, she discussed the U.S. Supreme Court's ruling in the broadcast indecency case, FCC v. Fox Television, and the Minnesota Supreme Court's ruling in Tatro v. University of Minnesota, involving the University's authority to discipline a student for satirical postings to her Facebook page concerning her work in a mortuary science lab.

Read Jane Kirtley's Faculty Profile

Prof. Kirtley Discusses Media Law Reform Around the World on Washington Panel

June 20, 2012

Professor Jane Kirtley took part in a panel discussion, "Media Law Reform 2.0: Advancing Press Freedom and Independent Media Around the World." She described some of the perennial threats to free press in emerging democracies, as well as current legal issues arising from government controls on the use of social media. The program was sponsored by the Center for International Media Assistance at the National Endowment for Democracy and the International Senior Lawyers Project, in Washington, D.C.

Read Jane Kirtley's Faculty Profile

Prof. Karkkainen Quoted in Seattle Times on Environmental Lawsuit Involving U.S. Navy

June 19, 2012

Professor Brad Karkkainen was quoted in The Seattle Times on the effect of a lawsuit under the National Environmental Policy Act (NEPA) on a U.S. Navy proposal to build a second munitions wharf at Naval Base Kitsap Bangor, home port to the nation's largest fleet of nuclear submarines. The Navy contends the project is necessary to accommodate upgrade work on the submarines' ballistic missiles. The Navy produced an environmental impact statement (EIS) that acknowledged the project will cause some harm to local marine life, but project opponents, including peace and environmental groups, contend the Navy's EIS did not adequately consider alternatives such as using the existing wharf round-the-clock or doing the missile upgrade work at another facility. Instead, the NEPA alternatives analysis focused primarily on alternative designs for a second wharf at the Kitsap Bangor site. Karkkainen explained that even if the plaintiffs' NEPA suit is successful, it would only delay the project long enough for the Navy to prepare a revised environmental impact statement, but that NEPA plaintiffs often hope to use such delays and the information generated in the analysis to "create a different political climate that could make agencies reconsider" their original plans.

Read Brad Karkkainen's Faculty Profile

Prof. Orfield Quoted in The Republic on Charter Schools

June 18, 2012

Professor Myron Orfield was quoted in an article in Columbus, Indiana's The Republic entitled "Charter School Leaders to Meet in Minn. as Study Shows Fast-Growing Movement has Mixed Results." The article quoted Orfield saying, "Charters have promised something better to kids that are desperate and their families that are desperate and they've given them something worse. They've tricked them. And they've tricked us. And it's a tragedy."

Read Myron Orfield's Faculty Profile

Prof. Hall Writes Op-Ed on FDA Reform and Innovation for Wall Street Journal

June 17, 2012

Professor Ralph Hall co-authored an op-ed piece with Andrew von Eschenbach, Commissioner of the FDA during part of the Bush Administration, for the Wall Street Journal. The article, entitled "FDA Approvals Are a Matter of Life and Death," discusses reform and innovation for the U.S. Food and Drug Administration.

Read Ralph Hall's Faculty Profile

Prof. Morrison to Participate in Health Care Seminar in Germany

June 14, 2012

Professor Fred Morrison is among a high-ranking delegation of health care experts from Minnesota and Washington, D.C. that will meet in Berlin on June 17-23 for a seminar on health care policy that compares U.S. and German systems. The trip is organized by the University of Minnesota's Center for German and European Studies in cooperation with Germany's Federal Ministry of Economics and Germany's Federal Ministry of Health.

Read Fred Morrison's Faculty Profile

Prof. Murray Quoted in Thomson Reuters on Insider Trading Trial

June 14, 2012

Professor JaneAnne Murray was quoted in a Thomson Reuters article entitled "Gupta's Fate may Hinge on Witnesses, Not Wiretaps." Murray was quoted saying, "The 'wrong place in the wrong time' defense works once, maybe twice. The problem is when one is trying to defuse too many suspicious instances."

Read JaneAnne Murray's Faculty Profile

Prof. Kirtley Discusses Near v. Minnesota on KFAI Radio

June 13, 2012

Professor Jane Kirtley was interviewed for the MinneCulture audio documentary about a 1931 Supreme Court decision, "Near v. Minnesota: How a local rag ignited a landmark First Amendment firestorm." The program aired on KFAI radio. Kirtley observed that "The fundamental issue of whether the government has the right to control people's speech is timeless."

Read Jane Kirtley's Faculty Profile

Prof. Hill Quoted in International Financial Law Review

June 12, 2012

Professor Claire Hill was quoted in the International Financial Law Review on alternative models for compensating rating agencies. The Dodd-Frank Act mandated a study on such models. The major rating agencies, Moody's, Standard & Poor's, and Fitch Ratings, are all paid by the issuer of the securities they rate, which led to enormous problems during the crisis. Hill noted that competition among the agencies had a highly negative effect: the agencies competed for market share by effectively offering higher ratings.

Read Claire Hill's Faculty Profile

Prof. Monahan Quoted in Wall Street Journal on City Pensions

June 6, 2012

Professor Amy Monahan was quoted in The Wall Street Journal regarding a recent ballot initiative in San Jose, California that approved changes to pension benefits for current city workers. Monahan noted that the court challenge to the measure is likely to be closely followed because of California's significant influence on public pension jurisprudence throughout the country.

Read Amy B. Monahan's Faculty Profile

Prof. McGeveran Quoted on KARE 11.com on Facebook Privacy

June 5, 2012

Professor William McGeveran was quoted in an article entitled "Facebook Status Update Privacy Hoax" on KARE 11.com. McGeveran was quoted saying, "Take it off Facebook. Just think of the real world. If you say something to somebody and then afterwards say, but don't tell anybody, good friends will do what you ask, but there's nothing illegal if they break their word and go gossip about it."

Read William McGeveran's Faculty Profile

Prof. Painter Quoted in American Banker on Federal Financial Conflict of Interest Statute

June 4, 2012

Professor Richard Painter was quoted in an American Banker article entitled "OCC Flip-Flopped on Ethics Matter, Reassigned Husband of B of A Exec," which was about an official in the Office of the Comptroller of the Currency and his wife, an executive at Bank of America. The OCC official supervised bank examinations, which Painter pointed out may have violated the federal financial conflict of interest statute because his wife was compensated in part in B of A stock options.

Read Richard W. Painter's Faculty Profile

Prof. Monahan Quoted in Financial Times on City Pensions

June 3, 2012

Professor Amy Monahan was quoted in a Financial Times article entitled "City Pensions Thrust to Fore in US." The article explains San Jose's political battle to cut public pensions. Monahan was quoted saying, "San Jose is trying to implement some of the more far-reaching changes compared to other cities, many of which have focused just on benefits for future employees."

Read Amy B. Monahan's Faculty Profile