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Faculty News

for November, 2010

Prof. Painter Quoted in Star Tribune Editorial on Recount in Election for Governor

November 27, 2010

Professor Richard Painter was quoted in an editorial in the Star Tribune on litigation over the recount in the close election between Mark Dayton and Tom Emmer for governor. The editorial took the position that former Chief Justice Eric Magnuson was unwisely working as lead lawyer for Emmer shortly after leaving the Supreme Court. The editorial then quoted Professor Painter stating, "There ought to be a debate about it." Painter is an expert on judicial ethics at the Law School and served as chief ethics adviser for the Bush White House from 2005-2007. "Judges need to be careful about this stuff, and there should be clear rules to limit these kind of problems," he said. Painter suggested a "cooling off" period of one or two years, similar to federal rules that prohibit government officials from becoming lobbyists right after they leave office.

Read Richard W. Painter's Faculty Profile

Prof. McGeveran Writes for Capital New York on Fair Use

November 22, 2010

Professor William McGeveran wrote an article entitled "Palin v. Gawker: This won't end well for 'fair use'" for Capital New York. McGeveran explained that the recent ongoing legal battle between Gawker and Sarah Palin's publisher involves a 1985 Supreme Court decision that defined the parameters of fair use.

Read William McGeveran's Faculty Profile

Prof. McGeveran Interviewed by KSTP-TV

November 22, 2010

Professor William McGeveran was interviewed by KSTP-TV regarding employers and social networking sites. McGeveran said private companies do not have a legal obligation to protect the free speech of its employees, and although employees might not like it, the company can tell its employees who they can and cannot be friends with on Facebook and other social networking sites. If employees do not like the restrictions, McGeveran said they have the option of leaving the job.

Read William McGeveran's Faculty Profile

Prof. Sanders Quoted by Minnesota Daily on Privacy and Social Networking

November 22, 2010

Professor Amy Kristin Sanders was quoted in a Minnesota Daily article that discussed whether users of social network sites have reasonable expectations of privacy. It also mentioned that misappropriation of information off social networking sites is often the result of improper privacy settings, inappropriately sharing passwords or failing to log off public computers.

Read Amy Kristin Sanders' Faculty Profile

Prof. McGeveran Writes on Facebook v. Lamebook Dispute

November 18, 2010

Professor William McGeveran published an article in Capital New York discussing a trademark dispute between Facebook and a parody site called Lamebook. McGeveran, who teaches and studies both internet and trademark law, drew on his recent scholarship about speech and parody in trademark law.

Read William McGeveran's Faculty Profile

Prof. Kirtley Interviewed by MPR on Benilde-St. Margaret's School Censorship

November 16, 2010

Professor Jane Kirtley was interviewed by Minnesota Public Radio regarding censorship of articles on homosexuality that appeared in the student newspaper at Benilde-St. Margaret's school in St. Louis Park. Kirtley acknowledged that the administration probably acted within its legal authority, but observed, "It's always regrettable when a school administrator decides that the appropriate way to handle controversy is to suppress it."

Read Jane Kirtley's Faculty Profile

Prof. Kirtley Discusses Press Censorship at St. Louis Park Catholic School

November 16, 2010

Professor Jane Kirtley was quoted in a Pioneer Press story about censorship of a column and editorial about homosexuality that appeared in the student newspaper at Benilde-St. Margaret's Catholic School in St. Louis Park. Administrators claimed that the articles created a "disrespectful environment" and generated confusion about church teachings. Kirtley argued, "I think you're abrogating one of your responsibilities as an educator, which is not to ban controversial topics but to encourage civil discussion about them."

Read Jane Kirtley's Faculty Profile

Prof. Shnider Speaks at CPA Conference

November 15, 2010

Professor Bruce Shnider presented at the 56th annual Minnesota Certified Public Accountants Tax Conference. Shnider co-presented "Compensation Update: The Sounds of Footsteps From Washington" with Dean Zerbe J.D., LL.M., the national managing director for Alliantgroup from Washington D.C.

Prof. Meili Presents Class Action Study at Consumer Law Conference

November 14, 2010

Professor Steve Meili presented the findings from his forthcoming law review article on consumer class action lawyers and named plaintiffs at the annual Consumer Rights Litigation Conference in Boston. In the article, which will be published later this year by the Akron Law Review, Meili argues, that consumer class action lawyers continually endeavor to keep the goals of named plaintiffs focused on the good of the entire class, as opposed to individual gain, lest the named plaintiffs be tempted to accept early settlement offers from the defendant. Meili also argues that, contrary to the literature on plaintiffs in individual disputes, named plaintiffs equate their evaluation of the fairness of the litigation process with the result of the case.

Read Steve Meili's Faculty Profile

Prof. Kirtley Quoted on Secrecy in Title IX Lawsuit Sparked by Sexual Assault

November 14, 2010

Professor Jane Kirtley was quoted in a Sacramento Bee story about a Title IX suit filed in federal court in California by a student athlete who claims she was retaliated against after filing a complaint of sexual misconduct with the University of the Pacific's judicial review board. The case has been conducted in virtually complete secrecy, with almost every substantive document sealed at the University's request. "That's really not the way we do justice in the United States," Kirtley said.

Read Jane Kirtley's Faculty Profile

Prof. McGeveran Writes for NYT Blog on Facebook at Work

November 12, 2010

A piece by Professor William McGeveran was featured in a New York Times online "Room for Debate" feature. McGeveran responds to a recent move by the National Labor Relations Board to limit how employers may restrict employees' use of social media. Calling the NLRB action "old legal wine in new technological bottles," McGeveran predicts that companies will adapt the nuances of their offline employee speech policies for digital use. McGeveran also was featured by NPR's Marketplace and KARE 11 News on the same topic.

Read William McGeveran's Faculty Profile

Prof. Clary Quoted in MinnPost on Speculation of Election Recount Lawsuit

November 11, 2010

Professor Brad Clary was quoted in a MinnPost article about the speculation that the GOP may file a lawsuit challenging the outcome of the Minnesota governor's election recount when it's issued. If such a lawsuit were filed, it could potentially keep GOP Governor Tim Pawlenty in office longer. Asked whether the lawsuit could be ruled as "frivolous" considering the wide margin Dayton currently holds, Clary said that "even if no one else has ever won after that margin," if Emmer's lawyers have some "reasonable basis" to file the contest law suit, "the mere fact that nobody else has ever managed to win such a recount wouldn't make it, in and of itself, frivolous."

Read Brad Clary's Faculty Profile

Prof. Kirtley, Principal Speaker at PLI Communications Law Conference

November 11, 2010

Professor Jane Kirtley was the principal speaker for a panel entitled "Privacy Protection, Safety and Security" at Practising Law Institute's Communications Law in the Digital Age conference in New York. In addition to her presentation, Kirtley prepared a nearly 200-page outline on the topic for the course handbook, assisted by 3L student Geoff Pipoly, a research assistant at the Silha Center for the Study of Media Ethics and Law.

Read Jane Kirtley's Faculty Profile

Prof. Cook, Panelist at UCLA Law International Conference

November 7, 2010

Professor Nancy Cook was a guest panelist at the International Conference on Clinical Legal Education and Scholarship hosted by the UCLA School of Law and the University of London Institute of Advanced Legal Studies. Cook and Professor Susan Brooks of Drexel University Law School co-presented on the topic of Interdisciplinary Approaches to Community Lawyering.

Prof. Kritzer Quoted on Judicial Elections

November 6, 2010

Professor Herbert Kritzer was quoted in a Pioneer Press article on this year's judicial elections. Due to Iowa's "retention" election system, three members of the Iowa Supreme Court were ousted on Nov. 2; Kritzer observed that "It was their support of gay marriage that provoked the organized camp to defeat them." Kritzer went on to note that Minnesota's courts have not yet dipped their toes into the kinds of highly controversial issues that can create an organized backlash.

Read Herbert M. Kritzer's Faculty Profile

Prof. Kirtley Quoted in Star Tribune on U President Search

November 5, 2010

Professor Jane Kirtley discussed secrecy and the search for the new University of Minnesota president in an article in the Star Tribune. Addressing concerns about candidates who might be discouraged from applying because of publicity issues, Kirtley noted, "If you're going to be the president of a public university, one of the first things you're going to be subject to is public oversight. You might as well get used to it." She also observed that at a land grant university, "The public literally has a right to know how this search process is being conducted."

Read Jane Kirtley's Faculty Profile

Prof. Kirtley Discusses Anti-SLAPP Legislation at Canadian Conference

November 5, 2010

Professor Jane Kirtley presented a paper entitled "SLAPP-ing Back: A Perspective on Protecting Public Debate, from the U.S.A." at the 2010 Ad IDEM/Canadian Media Lawyers Conference in Toronto.

Read Jane Kirtley's Faculty Profile

Prof. Goodwin Joins International Team to Evaluate Organ Transplantation Models in the Philippines

November 4, 2010

Dr. Enrique T. Ona, Health Secretary for the Republic of the Philippines, invited Professor Michele Bratcher Goodwin to join a very small international group in the Philippines on November 4-9, 2010 to evaluate international organ transplantation models. Professor Goodwin was one of only three Americans on the evaluation team, which engaged in discussions with key figures in the Philippines' Department of Health and senior transplant officials from around the world.

Prof. Cribari Quoted on Digital Evidence and Law Enforcement

November 3, 2010

Professor Stephen Cribari was quoted in The Star-Ledger, a local newspaper in New Jersey, about the increasing use of digital evidence in criminal investigations. "All of the means of electronic communication are so prevalent, it’s a no-brainer. Why wouldn’t law enforcement look there?" Cribari stated. "Digital evidence used to be thought of as evidence on a computer hard drive. We forget that a cell phone is a computer."