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Faculty News

for May, 2010

Prof. Painter Interviewed on NPR, Quoted in WSJ and Wash. Post on Sestak's Job Offer

May 29, 2010

Professor Richard Painter was interviewed on NPR's All Things Considered and quoted in the Wall Street Journal and Washington Post, about the allegations that the White House improperly offered a job in the Administration to Joe Sestak to induce him to exit the Senate primary that Sestak won two weeks ago against Arlen Specter. Painter said, "that the job offer could not reasonably be construed as a bribe or otherwise improper and that critics of the Administration should move on to other issues."

Read Richard W. Painter's Faculty Profile

NPR Quotes McGeveran on Facebook Privacy

May 27, 2010

Professor William McGeveran was quoted in a story on National Public Radio's Morning Edition about changes in Facebook's privacy settings. McGeveran, who has written about privacy and social media, suggested that the changes might reduce the political momentum for regulation of Facebook's privacy practices.

Read William McGeveran's Faculty Profile

Prof. Kirtley Criticizes School District's Refusal to Disclose Data

May 26, 2010

Professor Jane Kirtley was quoted by the St. Paul Pioneer Press in a story concerning the St. Paul Public School district's attempt to withhold advisory committee recommendations on school spending by claiming it was conducting an audit, which would be exempt from disclosure under the Minnesota Data Practices Act. "The situation strikes me as the [district's] attempt to redefine the term for the purposes of avoiding public scrutiny. They are engaging in a bit of wishful thinking here," Professor Kirtley said.

Read Jane Kirtley's Faculty Profile

Prof. Painter's Editorial on "Don't Ask, Don't Tell" Policy Published in The American Lawyer

May 26, 2010

Professor Richard Painter's editorial published in The American Lawyer urged for a repeal of the "Don't Ask, Don't Tell" policy, because the policy institutionalizes dishonesty in the military. "Many problems affect our military preparedess--smoking,drug use, alcohol--but it is hard to find credible evidence that homosexuality is one of them. The only purpose served by the "don't ask, don't tell" policy is to keep other soldiers from confronting their own prejudices. "The policy discriminates against soldiers who risk their lives for their country, and it does so without any rational basis," states Professor Painter.

Read Richard W. Painter's Faculty Profile

Prof. Painter Quoted in Salon.com Over Sestak Controversy

May 26, 2010

Professor Richard Painter was quoted in Salon.com on the controversy over President Obama's offer of an Administration job to Joe Sestak if he dropped out of the Pennsylvania Senate primary. Professor Painter pointed out that there was no quid pro quo because, if Sestak had taken an Administration job, he would have been required under the Hatch Act to withdraw from the primary.

Read Richard W. Painter's Faculty Profile

Prof. McGeveran Guest Blogs on New York Times Site

May 26, 2010

Professor William McGeveran was one of the guests in a "Room for Debate" forum sponsored by the New York Times web site about privacy on Facebook. McGeveran, who has written scholarly articles about privacy in social media, argued that federal regulatory guidelines could improve both protection for users and the utility of social media.

Read William McGeveran's Faculty Profile

Prof. Kirtley Says Wyoming Judge Was Wrong to Issue Restraining Order

May 25, 2010

Professor Jane Kirtley told the [Cheyenne] Wyoming Tribune Eagle that a state judge was wrong to issue a temporary restraining order prohibiting newspapers from publishing a leaked report prepared by a community college. The college cited the Family Educational Rights and Privacy Act (FERPA) as the basis for refusing to release the report. Professor Kirtley observed that the case is an example of how the purpose of privacy statutes like FERPA can be distorted.

(The day after the news story appeared, the judge lifted the TRO.)

Read Jane Kirtley's Faculty Profile

Prof. Kirtley Appears in "Access Denied: Navigating the Legal Challenges to Newsgathering"

May 24, 2010

Professor Jane Kirtley appears in "Access Denied: Navigating the Legal Challenges to Newsgathering," a roundtable discussion on government secrecy and other threats to press freedom. The two-hour DVD, produced by the Indiana University Maurer School of Law, Elon University, IU School of Journalism and television station WTIU, will be sent free of charge to law and journalism schools, state media associations, and state public access groups, along with a discussion guide.

Read Jane Kirtley's Faculty Profile

Prof. Goodwin Interviewed by PBS

May 19, 2010

Professor Michele Bratcher Goodwin was recently interviewed by PBS and quoted in an article about racial and cultural difficulties in both international and domestic adoptions, "Baby Rescue or Baby Factory?" Goodwin suggested that recent controversy in American international adoptions—brought to light by the case of Torry Hansen, who sent her adopted son back to Russia last month—reflects American society to a degree. Goodwin commented on the American trend towards designer families. She highlighted that some parents are more willing to adopt a child of a different race internationally—at a great financial cost—than to domestically adopt a black child in foster care. Goodwin cautioned that adoptive parents often overlook or oversimplify the challenges of raising a child from a different racial or cultural background. She noted the importance of parents acknowledging an adoptee’s cultural context and remaining conscious of cultural dynamics. Goodwin suggested that international adoptions would benefit from a neutral international organization that could implement strict ethical standards in the industry.

Hill Quoted in New Yorker

May 17, 2010

Professor Claire Hill was quoted in The New Yorker, in an article by James Surowiecki entitled "The Age of Political Risk," on the historical precedents for investor reaction to the present situation in Greece.

Read Claire Hill's Faculty Profile

Prof. Feld Cited by US Supreme Court in Juvenile Sentencing Ruling

May 17, 2010

The United States Supreme Court in Graham v. Florida,--- S.Ct. ----, 2010 WL 1946731 (U.S.), held that a state may not impose a sentence of life without parole (LWOP) for a nonhomicide crime committed by a juvenile offender. Professor Barry Feld, a leading scholar of juvenile justice, has written extensively that states formally should recognize youthfulness as a mitigating factor in sentencing juveniles in criminal court. The Court cited one of Feld's articles, "Unmitigated Punishment: Adolescent Criminal Responsibility and LWOP Sentences," 10 J. Law & Family Studies 11(2007) in their opinion.

Read Barry Feld's Faculty Profile

Prof. Feld Cited and Summarized in Posner's 7th Circuit Dissent

May 14, 2010

A dissent by Judge Richard Posner in Welch v. United States,2010 WL 1755062, cited and summarized arguments by Professor Barry Feld,“The Constitutional Tension Between Apprendi and McKeiver: Sentence Enhancements Based on Delinquency Convictions and the Quality of Justice in Juvenile Courts,” 38 Wake Forest L.Rev. 1111(2003). The 7th Circuit panel in Welch considered the constitutionality of using juvenile delinquency prior convictions to enhance adult criminal sentences. Judge Posner relied on Feld's arguments that the quality of procedural justice in juvenile courts--inadequate legal representation and denial of a right to a jury trial--made reliance on such convictions for sentence enhancement constitutionally suspect. Posner, as did Feld, invited the United States Supreme Court to address the constitutional question and resolve a split among the circuit courts on this issue.

Read Barry Feld's Faculty Profile

Hill Quoted on Rating Agencies in Law360 Blog

May 13, 2010

Professor Hill was quoted in the Law360 blog, in an article entitled "Scandals Will Force Change At Rating Agencies: Attys." Professor Hill addressed the present legislative initiatives and the overall prospects for rating agencies.

Read Claire Hill's Faculty Profile

Minnesota Not Ready for Gay Marriage Litigation, Prof. Carpenter Says in Star Tribune

May 12, 2010

Professor Dale Carpenter was quoted in an article in the Minneapolis Star Tribune regarding a recent lawsuit filed in Minnesota by three same-sex couples claiming that the ban on gay marriage violates their rights to due process, equal protection, and freedom of conscience and association under the state constitution. "It's not the way to go, especially not now in Minnesota," Carpenter said. Although he supports same-sex marriage, he opposes the litigation, commenting "I don't think the state courts are ready to recognize a right to gay marriage in the law." Carpenter continued, "If you go and ask for a ruling too soon, you get a negative one, and it sets the barrier even higher the next time."

Read Dale Carpenter's Faculty Profile

Hill Article on Rating Agencies Discussed in Professor Bainbridge Blog

May 10, 2010

Professor Claire Hill's article "Why Did The Rating Agencies Do Such A Bad Job Rating Subprime Securities?" was discussed in a posting on ProfessorBainbridge.com, a corporate law blog.

Read Claire Hill's Faculty Profile

Prof. Carpenter on Same-Sex Marriage in Star Tribune

May 10, 2010

Professor Dale Carpenter had an op-ed in Minneapolis Star Tribune arguing in favor of same-sex marriage in Minnesota. He argues that recognizing same-sex marriage will help gay couples and the thousands of children they are raising in the state. He also argues that it will help reinforce the importance of marriage. Carpenter's commentary is a response to an op-ed by Minneapolis-St. Paul Archbishop John Nienstedt supporting a constitutional amendment banning same-sex marriage.

Read Dale Carpenter's Faculty Profile

Prof. Hickman's Work Cited By U. S. Tax Court

May 6, 2010

Professor Kristin Hickman’s work was cited by two judges of the United States Tax Court in Intermountain Ins. Serv. of Vail, LLC v. Comm’r, 134 T.C. No. 11, in which the court unanimously invalidated two temporary Treasury regulations but disagreed on the grounds for invalidation. The court majority concluded that the temporary regulations were substantively inconsistent with the relevant statutory language as interpreted by the Supreme Court several decades ago. Judges Halpern and Holmes, writing in concurrence, maintained instead that the temporary regulations should be rejected as procedurally invalid under the Administrative Procedure Act, and cited and relied heavily upon two of Professor Hickman’s articles, “Coloring Outside the Lines,” 82 Notre Dame L. Rev. 1727 (2007), and “A Problem of Remedy,” 76 Geo. Wash. L. Rev. 1154 (2008), in reaching their conclusion. Another concurring opinion by Judge Cohen, joined by three other judges, acknowledged both the substantive and procedural questions but advocated deferring discussion of those issues to future cases and deciding the case at bar on narrower grounds.

Read Kristin Hickman's Faculty Profile

Prof. Hill Article on Rating Agency Reform Published in Dealbook

May 5, 2010

Professor Claire Hill's article on two recent amendments dealing with reform of credit rating agency regulation, the LeMieux-Cantwell amendment and the Franken amendment, was published in the Dealbook blog of the New York Times.

Read Claire Hill's Faculty Profile

Prof. Painter's Op-ed on Ninth Circuit Judicial Nomination Published in the LA Times

May 3, 2010

Professor Richard Painter's op-ed supporting the President's nomination of Goodwin Liu to the Ninth Circuit was published in the Los Angeles Times. The op-ed described Liu as a moderate liberal who would be a fine addition to the Court of Appeals.

Read Richard W. Painter's Faculty Profile

Prof. Simon's DWI Study Cited in Commentary in Star Tribune

May 2, 2010

A commentary in the Minneapolis Star Tribune calling for the reform of the state's forfeiture laws, cited Professor Steve Simon's DWI research. Simon, a DWI expert and founder of the Minnesota Criminal Justice System DWI Task Force conducted a study that concluded that the forfeiture of repeat DWI offenders vehicles doesn't reduce DWI recidivism.

On March 27, 2010, the Star Tribune published an op/ed piece co-written by Simon and Chelsea Becker, research assistant at the Minnesota Criminal Justice System DWI Task Force, advocating for a dime a drink alcohol tax which would increase law enforcement revenues by an estimated $260 million a year. "The tax has not been increased since 1987, and over the past 20 years, the revenue it generates has declined by nearly 40 percent," the article states. The increase could be used to more effectively enforce drunken driving laws. "Our state's tough DWI penalties do not deter people from drinking and driving for the simple reason that they don't fear being caught. Studies have shown that it is not tough penalties that deter drunken driving--instead, it is the drunken driver's perception of the likelihood of being arrested."

The article can be found at http://www.startribune.com/opinion/89299567.html?page=1&c=y

Read Stephen Simon's Faculty Profile