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Faculty News

for June, 2014

Prof. Befort Quoted in Pioneer Press on Union Fees Decision

June 30, 2014

On June 30, the U.S. Supreme Court ruled that a union representing home health care workers in Illinois could not collect fair share fees from non-member workers. A Pioneer Press article sought to gauge the effect of that ruling on a similar Minnesota law that permits home care and child care workers to unionize. The article noted that the court's ruling spoke to the issue of fair share fee payments, not whether such employees can unionize. Professor Stephen Befort, who specializes in labor and employment law, was quoted as saying, "there is room for both sides to argue over whether this group of workers are public employees who can organize into a union under the Public Employment Labor Relations Act."

Read Stephen Befort's Faculty Profile

Prof. Hasday Speaks on WCCO News Radio on Her New Book, Family Law Reimagined

June 29, 2014

Professor Jill Hasday was featured on WCCO's News and Views with Roshini Rajkumar discussing her book, Family Law Reimagined (Harvard University Press 2014). Hasday talked about how the dominant stories that courts and legislatures use to explain family law and its governing principles misdescribe the reality of family law, misdirect attention away from the actual problems that family law confronts, and misshape the policies that legal authorities pursue. Family Law Reimagined argues that much of the "common sense" that judges and legislators expound about family law actually makes little sense. Click here to listen to the interview.

Read Jill Hasday's Faculty Profile

Prof. Hickman Participates in Teleforum on Recess Appointments

June 27, 2014

Professor Kristin Hickman participated in a teleforum on the Supreme Court's recent decision in NLRB v. Noel Canning regarding the President's recess appointment power. Also participating in the teleforum were Noel Francisco (Partner, Jones Day) and Professor Mike Rappaport (University of San Diego Law School). Click here to listen to the teleforum.

Read Kristin Hickman's Faculty Profile

Prof. Hickman Quoted in Forbes on Kuretski Decision

June 26, 2014

Professor Kristin Hickman was quoted in a column authored by Peter Reilly for Forbes about the District of Columbia Circuit's recent decision in Kuretski v. Commissioner, in which the court rejected a separation of powers challenge to the President's ability to remove judges of the United States Tax Court for cause. Reilly quoted Hickman's suggestion that the court's opinion in the case was "a fun and fascinating bit of academic folderol."

Read Kristin Hickman's Faculty Profile

Prof. Morrison Interviewed on Recess Appointments on WCCO News Radio

June 26, 2014

Professor Fred Morrison was interviewed by John Hines on WCCO News Radio on the recess appointments. Click here to listen to the interview.

Read Fred Morrison's Faculty Profile

Prof. Morrison Quoted in MinnPost Article on Bible Comments by GOP's Candidate for MN Supreme Court

June 25, 2014

Professor Fred Morrison was quoted in a MinnPost article entitled "Bible Comments by GOP's Candidate for State Supreme Court Alarm Legal Experts." Morrison said that Republican candidate Michelle MacDonald's words are alarming because they "run up against a founding principle of the United States: the separation of church and state."

Read Fred Morrison's Faculty Profile

Prof. Painter Quoted in OpenSecrets.org Article on Senator Warner's Relationship with BlackRock Investment Firm

June 20, 2014

Professor Richard Painter was quoted in an OpenSecrets.org article on campaign contributions by BlackRock to Senator Mark Warner (D-VA), who also invests a substantial amount of his own money with BlackRock. Painter, who served as chief White House ethics lawyer under President George W. Bush, noted that Senator Warner's relationship with BlackRock illustrates how loose the conflict-of-interest restrictions are for members of Congress, because Warner could have a hand in crafting "legislation that has a direct and predictable impact on BlackRock...without violating any of the statutes, any of the House, any of the Senate rules." Painter noted that the rules are much stricter for appointed executive branch officials who must sever financial ties with firms they regulate.

Read Richard W. Painter's Faculty Profile

Prof. Carbone's Book Marriage Markets Reviewed in Wall Street Journal

June 20, 2014

Professor June Carbone's book with co-author Naomi Cahn, Marriage Markets: How Inequality is Remaking the American Family, was reviewed in the Wall Street Journal by W. Bradford Wilcox, a sociology professor at the University of Virginia.

Read June Carbone's Faculty Profile

Prof. Painter Quoted in Indianapolis Star on Conflicts of Interest for Company Hired to Advise State of Indiana on Funding Business Startups

June 19, 2014

Professor Richard Painter was quoted in an Indianapolis Star article on conflicts of interest when a nonprofit company hired by the State of Indiana to advise on investment of taxpayer money in business startups, allegedly steered the money toward businesses in which its own founder and his son had a financial interest. "This is just one more story of outsourcing to a private company something that probably would have been better handled inside the government," said Professor Painter, former chief ethics lawyer for President George W. Bush's White House. "And what you get is people who are outside the government ethics rules."

Read Richard W. Painter's Faculty Profile

Prof. Painter Quoted in Government Executive on Combative House Hearing Over U.S. Chemical Safety Board

June 19, 2014

Professor Richard Painter's expert opinion on lawyer-client privilege issues was discussed at a House Oversight Committee hearing at which Republican members asked the Chairman of the U.S. Chemical Safety Board to resign over alleged misconduct in the agency. Painter had told the Board and Congressional staff members that turning privileged communications over to the agency inspector general could result in waiver of the privilege vis a vis third party plaintiffs who are suing the government. Painter was quoted in a Government Executive article entitled "Chemical Safety Board Chairman Asked to Resign Over 'Toxic' Work Environment."

Read Richard W. Painter's Faculty Profile

Prof. Painter's Campaign Finance Proposal Discussed in The Atlantic

June 18, 2014

In his article in The Atlantic on bipartisan support for taxpayer-funded political campaigns, Professor Lawrence Lessig noted that Maryland Democratic Representative John Sarbanes's Government by the People Act "would provide matching funds for small-dollar-funded campaigns—enough to make it possible for a candidate to win without becoming dependent upon [big money donors]. And more than two years ago, George W. Bush's ethics czar, Professor Richard Painter, proposed the Taxation Only With Representation Act, which would give every voter a $200 voucher to fund small-dollar campaigns." Painter will spend the 2014-15 academic year writing a book on campaign finance at Harvard's Safra Center for Ethics, which is headed up by Lessig.

Read Richard W. Painter's Faculty Profile

Prof. Hill Quoted in Star Tribune on Elections of Dissident Shareholders

June 18, 2014

Professor Claire Hill was quoted in a Star Tribune article, entitled "ValueVision Board Scrambled," about the recent claim by dissident shareholders that they had been elected to the board of ValueVision. Hill noted that while elections of dissidents had previously been quite rare, that was no longer the case.

Read Claire Hill's Faculty Profile

Prof. McGeveran Speaks to NBCNews.com on Minnesota Student's Speech Lawsuit

June 17, 2014

Professor William McGeveran spoke to NBCnews.com about a lawsuit brought by a Rogers, Minnesota, high school student who was suspended from school for a comment made in an Internet forum. McGeveran, who specializes in Internet and privacy law, said that the school and law enforcement clearly overreacted in the case. He put part of the blame on the difficulty of adjusting to new technology and the pressure to respond to online bullying and threats.

Read William McGeveran's Faculty Profile

Prof. Vaaler Comments on Medtronic's Covidien Deal in Local Media

June 16, 2014

Professor Paul M. Vaaler commented on motivations for Minnesota-based medical device maker Medtronic's proposed acquisition of another medical products giant, Covidien PLC, in local media outlets: KSTP Television and the St. Paul Pioneer Press. Vaaler emphasized the importance of so-called "tax inversion" deal terms permitting Medtronic to re-domicile its corporate headquarters for tax purposes in Ireland where the corporate tax rate is substantially lower than in the United States. This, in turn, would decrease the cost of repatriating billions of U.S. dollars Medtronic and Covidien currently hold in their foreign subsidiary operations. This change in domicile for tax purposes is unlikely to lead to any material reduction in people and investment in Medtronic's Minnesota-based operations, including its headquarters operations. Indeed, Medtronic has announced its intention to increase both in the near term. Re-domicile in tax haven countries like Ireland is increasingly attractive for U.S. firms generating substantial revenues outside the U.S. given relatively high (compared to other industrialized countries) U.S. federal corporate marginal tax rates that top out in the 34-39% range. A key condition for completion of the deal later in 2014 or early 2015 is continuation of current U.S. laws and Internal Revenue Service rules permitting the tax inversion advantage.

Read Paul Vaaler's Faculty Profile

Prof. McGeveran Interviewed by Bloomberg Radio on LinkedIn Privacy Suit

June 16, 2014

Professor William McGeveran was a guest on Bloomberg Radio's weekly legal program, "Bloomberg Law," where he discussed a privacy lawsuit against LinkedIn. The suit, which recently survived a motion to dismiss, challenges the social networking site's practice of sending multiple invitation emails to addresses obtained from users' contact lists. McGeveran, who specializes in Internet and privacy law, has written several law review articles about privacy in social media and the rights of individuals to control promotional use of their reputations.

Read William McGeveran's Faculty Profile

Prof. Murray Organizes and Presents Bloomsday Celebration in New York City

June 16, 2014

Practitioner in Residence JaneAnne Murray presented the annual Bloomsday Celebration she devised for the Irish American Bar Association of New York in the rotunda of the Supreme Courthouse of New York City. Murray inaugurated the event in 2009 to celebrate James Joyce's masterwork and his contribution to First Amendment jurisprudence in the United States. This year, the keynote speaker was the Hon. Gerard E. Lynch, U.S. Court of Appeals Judge for the Second Circuit. His address, entitled "Copyright, Creativity and the First Amendment," was accompanied by a presentation of a compendium of responses obtained by Morris Ernst in 1932 from librarians and booksellers throughout the United States, to assist in the defense of United States vs. One Book Called Ulysses.

Read JaneAnne Murray's Faculty Profile

Prof. Goodwin Writes Op-Ed, 'Who Owns Your Womb?'

June 13, 2014

Professor Michele Goodwin wrote an op-ed for AlterNet entitled "Who Owns Your Womb? Women Can Get Murder Charge for Refusing C-Sections." The piece highlights the expanding rate of cesarean births in the United States from 4% three decades ago to more than 30% today. The article argues that these surgeries not only cause medical risks to women, but are problematically being used under threat of criminal sanction.

Read Michele Goodwin's Faculty Profile

Prof. Murray Speaks at Federal Sentencing Guidelines Seminar

June 12, 2014

Practitioner-in-Residence JaneAnne Murray spoke at the 23rd Annual National Seminar on the Federal Sentencing Guidelines organized by the American Bar Association, Federal Bar Association and National Association of Criminal Defense Lawyers (NACDL) in St. Petersburg, Florida. Murray addressed quality sentencing advocacy on a panel with the Hon. Gene E.K. Pratter, U.S. District Judge E.D.Pa., and Robert Livermore, U.S. Attorney's Office, E.D.Pa., moderated by incoming NACDL President, Ted Simon, Esq.

Read JaneAnne Murray's Faculty Profile

Prof. Klass Interviewed by Law360 on Keystone XL Pipeline

June 11, 2014

Professor Alexandra Klass was interviewed for a Law360 article entitled "Permit Deadline is TransCanada's Latest Keystone Headache."

Read Alexandra Klass's Faculty Profile

Prof. Ni Aolain Participates in Global Summit to End Sexual Violence in Conflict

June 11, 2014

Professor Fionnuala Ní Aoláin attended the Global Summit to End Sexual Violence in Conflict, held June 10-13 in London and co-chaired by British Foreign Secretary William Hague and Angelina Jolie, Special Envoy for the U.N. High Commissioner for Refugees. Ní Aoláin participated on a panel hosted by the U.S. Ambassador at Large for War Crimes, speaking to the issue of reparations for conflict-related sexual violence. At the summit, the U.N. Office of the High Commissioner for Human Rights and U.N. Women launched a Guidance Note on Reparations for Conflict-Related Sexual Violence; the document is based in part on a study Ní Aoláin conducted for both agencies between 2011 and 2013.

Read Fionnuala Ní Aoláin's Faculty Profile

Prof. Carbone Appears on WNYC Radio's The Brian Lehrer Show

June 6, 2014

Professor June Carbone and her co-author Naomi Cahn of George Washington University appeared on WNYC Radio's The Brian Lehrer Show for a piece entitled "Money, Marriage, and Making It." Carbone and Cahn discussed the findings of their new book, Marriage Markets, and how these findings relate to what "success" means to those in their twenties and how aspirations for the good life have changed what people look for in seeking a life partner.

Read June Carbone's Faculty Profile

Prof. Carpenter Writes Article for Washington Post on Wisconsin Striking Down Ban on Same-Sex Marriages

June 6, 2014

Professor Dale Carpenter wrote an article for The Washington Post entitled "Wisconsin Federal Court Holds State Marriage Law Unconstitutional."

Read Dale Carpenter's Faculty Profile

Prof. Feld Interviewed on NPR's 'Tell Me More' about Tweens being Prosecuted as Adults

June 6, 2014

Professor Barry Feld was interviewed by Michelle Martin on National Public Radio's "Tell Me More" program. Feld discussed the case of two 12-year-old Wisconsin girls charged as adults with attempted murder. He described the history of the juvenile court and the process under Wisconsin law which required them to be tried as adults.

Read Barry Feld's Faculty Profile

Prof. Clary Quoted in Minnesota Lawyer on Making Objections in Court

June 5, 2014

Professor Brad Clary was quoted in a Minnesota Lawyer article entitled "What To Do After You Say, 'Objection!'" Clary stated, "I teach [students] always, if possible, to know your audience, and that includes the relevant judge they're appearing in front of."

Read Brad Clary's Faculty Profile

Prof. Wolf Presents at Annual Health Law Professors Conference

June 5, 2014

Professor Susan Wolf moderated and presented on a panel at the Annual Health Law Professors Conference in San Francisco, sponsored by the American Society of Law, Medicine & Ethics (ASLME) on June 5-7. The panel entitled "Debating Return of Results and Incidental Findings in Research & Clinical Care" featured Henry Greely (Stanford), Benjamin Berkman (NIH), Elizabeth Pike (Presidential Commission for the Study of Bioethical Issues), Dena Davis (Lehigh), and Wolf, with robust audience debate.

Read Susan M. Wolf's Faculty Profile

Prof. Carbone's New Book Marriage Markets Featured on Alternet.com

June 4, 2014

Alternet.com ran an excerpt from Professor June Carbone's new book, Marriage Markets, with Naomi Cahn of George Washington University, for a piece entitled "Is Marriage Becoming a Luxury of the Rich?" The segment describes how marriage has become a marker of class, as the changing economy has altered the way men and women match up, increasing the likelihood that the most successful college graduates will raise their children in two parent families while marriage becomes less common and less stable for everyone else.

Read June Carbone's Faculty Profile

Prof. Painter Quoted in Star Tribune on Movement by Big 10 for Independence from NCAA Rules

June 3, 2014

Professor Richard Painter was quoted in a Star Tribune article on efforts by universities in the Big 10 and four other major conferences for autonomy from NCAA rules in setting their own terms for scholarships and health care for student athletes. "NCAA rules shouldn't interfere with the ability of the university to provide high-quality education to student athletes," said Painter. "We need the flexibility to be able to do that."

Read Richard W. Painter's Faculty Profile

Prof. Painter Quoted in Star Tribune on Petters Trustee Efforts to Recoup Ponzi Scheme Payouts Overseas

June 2, 2014

Professor Richard Painter was quoted in a Star Tribune article on efforts by the court appointed trustee for the Petters scheme to recover payouts made to investors overseas for the benefit of Petters's creditors. Painter observed that "[Trustee] Doug Kelley is well respected, but the problem is how much money is going to be spent on this. That's creditors' money." Painter also noted that, with respect to clawbacks overseas, "It's going to be hard. Even in the U.S. the law on clawbacks is not very clear. Each jurisdiction is going to be different and have its own additional hurdles."

Read Richard W. Painter's Faculty Profile

Prof. Painter Quoted in New York Daliy News on Hatch Act Investigation of U.S. Ambassador to South Africa

June 2, 2014

Professor Richard Painter was quoted in a New York Daily News article on the Office of Special Counsel finding that Ambassador Patrick Gaspard did not violate the Hatch Act in personal capacity Tweeting in support of Bill de Blasio's campaign for mayor of New York. Painter explained that "the State Department has additional rules above and beyond the Hatch Act. A situation with an ambassador is sensitive enough that that ought to be sent back to the State Department to make sure he's doing what he's supposed to be doing."

Read Richard W. Painter's Faculty Profile