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Faculty News

for November, 2011

Prof. Painter Quoted in Bloomberg on Hedge Funds

November 29, 2011

Professor Richard Painter was quoted in Bloomberg magazine in an article on a 2008 meeting in which hedge fund managers sought and apparently got nonpublic information from Treasury Secretary Hank Paulson on the Treasury Department bailout program. Painter observed that the information Paulson apparently gave the hedge funds was of the type hedge funds seek every day and that trading on nonpublic government information is a major problem.

Read Richard W. Painter's Faculty Profile

Profs. Monahan & Schwarcz Article Featured on MPR

November 28, 2011

A paper recently published by Professors Amy Monahan and Daniel Schwarcz in the Virginia Law Review was featured on Minnesota Public Radio. In the paper, Monahan and Schwarcz argue that the Patient Protection and Affordable Care Act will allow employers to restructure their health plans to appeal primarily to healthy employees. At the same time, employers will be permitted to create incentives for their less-healthy employees to forgo the employer plan and instead seek coverage on the newly-created state health insurance exchanges. This type of strategic employer behavior, they argue, may shift costs to the state exchanges and undermine the success of health care reform.

Monahan and Schwarcz's paper was also featured in an article on BeckerHospitalReview.com.

Read Amy Monahan's Faculty Profile
Read Daniel Schwarcz's Faculty Profile

Prof. Monahan Quoted in L.A. Times on Flexible Spending Accounts

November 20, 2011

Professor Amy Monahan was quoted in a Los Angeles Times article entitled "FSAs Encourage Rather than Reduce Unnecessary Healthcare Spending." Monahan gave a statement on health flexible spending accounts, drawing on her expertise in both tax and health law.

Read Amy B. Monahan's Faculty Profile

Prof. Kirtley Lectures on First Amendment for "Rereading the Constitution" Series

November 19, 2011

Professor Jane Kirtley delivered a lecture on the speech and press clauses of the First Amendment as part of the "Rereading the Constitution" series for the University of Minnesota's College of Continuing Education's LearningLife program.

Read Jane Kirtley's Faculty Profile

Prof. Kirtley Receives NSPA "Pioneer" Award

November 19, 2011

Professor Jane Kirtley received a "Pioneer" Award from the National Scholastic Press Association at the JEA/NSPA National High School Journalism Convention at the Minneapolis Convention Center. The NSPA's highest individual honor recognizes contributions to scholastic journalism that are made outside the recipient's primary employment.

Read Jane Kirtley's Faculty Profile

Prof. Kirtley Discusses $1 million Libel Judgment on TPT's "Almanac"

November 18, 2011

Professor Jane Kirtley was a member of a media panel on TPT-TV's "Almanac." Kirtley discussed the $1 million libel judgment against KSTP-TV for a story about a naturopath, which may be the largest punitive damages award in Minnesota to date, as well as legal and ethical issues arising from a story on WCCO TV investigating allegations that a Minnesota breeder was shipping dogs to New York to be sold as meat in a market.

Read Jane Kirtley's Faculty Profile

Prof. Painter Quoted on Thomson Reuters on Discipline for Judges

November 18, 2011

Professor Richard Painter was quoted in a Thomson Reuters story on disciplinary action taken against a federal bankruptcy judge for violating a conduct rule prohibiting membership in a discriminatory country club. Painter observed that the Judicial Conference needs to provide clearer guidance in this area because federal judges are involved in a wide range of organizations that do discriminate on the basis on sex such as fraternities, sororities, the girl scouts and boy scouts and the junior league, as well as other organizations that discriminate on the basis of religion.

Read Richard W. Painter's Faculty Profile

Prof. Hill Delivers Lecture at Columbia Law School

November 17, 2011

Professor Claire Hill gave the 2011 Barbara Aronstein Black Lecture at Columbia Law School. Her lecture was entitled "How Contracts On Wall Street (And Some Other Places) Do Things With Words."

Read Claire Hill's Faculty Profile

Prof. Painter Interviewed on KARE 11 on Suspension of Hennepin County Judge

November 17, 2011

Professor Richard Painter was interviewed on Channel 11 news about the suspension of a Hennepin County Judge for violating the requirement that judges live in the judicial district in which they sit. Painter said that it was particularly important for public officials, particularly judges, to be completely candid with the judicial ethics board in its inquiry into such matters.

Read Richard W. Painter's Faculty Profile

Prof. Schwarcz Testifies on Insurance Oversight and Legislative Proposals

November 16, 2011

Professor Daniel Schwarcz testified to Congress on several legislative proposals that would exempt insurers from provisions of the Dodd-Frank Financial Reform and Consumer Protection Act and limit the authority of federal agencies entrusted with enforcing the act. Schwarcz's written testimony is available at financialservices.house.gov/UploadedFiles/111611schwarcz.pdf.

Read Daniel Schwarcz's Faculty Profile

Prof. Hall Testifies before U.S. Senate HELP Committee on Medical Devices

November 15, 2011

Professor Ralph Hall testified before the U.S. Senate Committee on Health, Education, Labor and Pensions. The hearing was entitled "Medical Devices: Protecting Patients and Promoting Innovation." Hall's written statement is available at help.senate.gov/imo/media/doc/Hall.pdf.

Read Ralph Hall's Faculty Profile

Prof. Painter Quoted in Star Tribune on Petters Bankruptcy Trustee

November 13, 2011

Professor Richard Painter was quoted in a Star Tribune article on the Petters bankruptcy trustee's efforts to "clawback" gains from some of Petters' investors to compensate for losses of other investors. Painter noted that the law on clawback claims is unclear and that Congress should provide more clarity in this area for trustees charged with recovering funds lost to ponzi schemes.

Read Richard W. Painter's Faculty Profile

Prof. Klass's Work Quoted in Financial Post on TransCanada Pipeline Controversy

November 11, 2011

Professor Alexandra Klass's scholarly work on eminent domain and natural resources development was quoted in a Financial Post article on the controversy over TransCanada's $7-billion Keystone XL pipeline. The pipeline, which still needs approval from the U.S. State Department because it will cross an international border, is proposed to bring tar sands oil from Alberta, Canada to oil refineries in Texas.

Read Alexandra Klass's Faculty Profile

Prof. Kirtley Leads PLI Panel on Privacy Protection and Internet Law

November 10, 2011

Professor Jane Kirtley was the lead speaker on the panel "Privacy Protection and Related Developments in Internet Law" at the Practising Law Institute's 2011 Communications Law in the Digital Age conference in New York. Kirtley also prepared the comprehensive annual subject outline for the conference course handbook.

Read Jane Kirtley's Faculty Profile

Prof. Goodwin Writes Articles on Legal Implications of Penn State Controversy

November 10, 2011

Professor Michele Goodwin wrote several articles on the legal implications arising from the recent controversy at Penn State. In her recent columns for the Chronicle for Higher Education, Goodwin takes up the issue of fiduciary responsibility, morality, and trust in regard to child abuse sex allegations involving coach Jerry Sandusky. In particular, Goodwin notes that although President Spanier has resigned and Joe Paterno has retired, tragedy remains at Penn State.

Prof. Hill Speaks on Russian TV Program on Prospects for the Eurozone

November 10, 2011

Professor Claire Hill was a featured guest on "Crosstalk," a program on Russia Today TV. The program dealt with prospects for the Euro and the Eurozone. The likeliest short to moderate term outcome was, Hill argued, "continuing to kick the can forward," especially given the vehement and self-righteous objections that those who would lose under proposed reforms would make.

Read Claire Hill's Faculty Profile

Prof. Kirtley Lectures at Yale on Professional Responsibility for Media Lawyers

November 9, 2011

Professor Jane Kirtley delivered a lecture at Yale Law School on professional responsibility for media lawyers, with a special emphasis on legal ethics issues arising from the use of social media. Kirtley met with students from the Media Freedom and Information Access Practicum, who conduct policy research, file Freedom of Information Act requests, and write amicus briefs in access cases.

Read Jane Kirtley's Faculty Profile

Prof. Painter Quoted in Wall Street Journal on Securities Fraud

November 8, 2011

Professor Richard Painter was quoted in a Wall Street Journal article on a former Enron official who plans to return to the energy sector. Painter observed that former corporate officials convicted of securities fraud will probably have to work for private companies because most of them are barred from being officers and directors of public companies.

Read Richard W. Painter's Faculty Profile

Prof. Kirtley Quoted in Washington Post on Media Reports on Cain Harassment Allegations

November 8, 2011

Professor Jane Kirtley was quoted in a Washington Post story about media coverage of sexual harassment allegations made against presidential candidate Herman Cain. Comparing this case with that of former International Monetary Fund chief Dominique Strauss-Kahn, Kirtley observed, "It's incumbent [on the media] to keep reiterating that these are allegations that have not been substantiated. You can't reduce this to just a simple headline."

Read Jane Kirtley's Faculty Profile

Prof. Shaffer Appointed as Advisory Board Member of New Journal, Transnational Environmental Law

November 8, 2011

Professor Gregory Shaffer was appointed as an advisory board member of a new journal published by Cambridge University Press entitled Transnational Environmental Law. His essay "Unilateralism, Transnationalism and International Law" will appear in the journal's inaugural issue.

Prof. Orfield Discusses Poverty in the Suburbs on WCCO's "News & Views With Susie Jones"

November 6, 2011

Professor Myron Orfield was a guest on WCCO's "News & Views With Susie Jones" to discuss the spread of poverty into the first ring suburbs. To listen to the program, click here.

Read Myron Orfield's Faculty Profile

Prof. Kirtley Discusses Social Media Issues at Canadian Conference

November 5, 2011

Professor Jane Kirtley spoke at the 2011 Ad IDEM/Canadian Media Lawyers Association Annual Conference in Montreal. She summarized U.S. media law developments as part of a panel discussion on "Social Media: New Challenges and Opportunities."

Read Jane Kirtley's Faculty Profile

Prof. Hill Participates in New York Times "Room for Debate" Forum

November 3, 2011

Professor Claire Hill was one of the participants in a "Room for Debate" forum in the New York Times on the sovereign downgrades in Europe. The forum considered whether the downgrades had hurt Europe, and whether a proposal to suspend ratings under certain circumstances was advisable. Hill noted that, "Focusing on possible illicit motives [for downgrading] provides a welcome distraction from the underlying situation. The same might be said about the proposal to suspend ratings."

Read Claire Hill's Faculty Profile

Prof. Orfield to Discuss "American Metropolitics: The New Suburban Reality"

November 3, 2011

Professor Myron Orfield will be the College of Continuing Education's November "Headliner," where he will discuss "American Metropolitics: The New Suburban Reality" and explore the economic, environmental, and social consequences of America's aging first-ring suburbs.

Read Myron Orfield's Faculty Profile