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Faculty News

for October, 2010

New Book Features Work of Prof. Cox

October 30, 2010

A book by Mike Hudson, The Monster, discusses at length the work of Professor Prentiss Cox when he led several investigations against several subprime mortgage lenders. Cox, who previously served as a Minnesota Assistant Attorney General, participated in the leadership of several national cases against subprime mortgage lenders from 1998 through 2005. The book explores the work of Cox and other state enforcement officials in consumer protection litigation with the subprime mortgage industry.

Read Prentiss Cox's Faculty Profile

Prof. Cox Quoted in The New York Times on State AG Investigation

October 30, 2010

The New York Times quoted Professor Prentiss Cox in a story about state attorneys general investigations. The story discussed the role of state attorneys general in consumer advocacy and focused on the current 50-state investigation of foreclosure fraud. Cox stated that state attorneys general are likely to have valuable information about marketplace problems because they are closer to the experience of consumers, and federal agencies have tended to improperly trivialize the type of information discovered by state attorneys general.

Read Prentiss Cox's Faculty Profile

Prof. Erbsen Cited by the Second Circuit

October 27, 2010

The United States Court of Appeals for the Second Circuit cited Professor Allan Erbsen’s article From “Predominance” to “Resolvability”: A New Approach to Regulating Class Actions, 58 Vand. L. Rev. 995 (2005). The Court quoted Erbsen’s article in the course of deciding whether to certify a proposed class action alleging labor law violations in Myers v. Hertz Corp.

Read Allan Erbsen's Faculty Profile

Prof. Kirtley Presents Paper at Symposium on Social Media and the Value of Truth

October 22, 2010

Professor Jane Kirtley presented a paper/work in progress, "'It's About Trust': Should Government Intervene to Compel Disclosure in Social Media?" at Social Media and the Value of Truth: The 3rd Annual Symposium on Public Philosophy sponsored by the University of North Florida and the Blue Cross and Blue Shield Ethics Center in Jacksonville, Florida.

Read Jane Kirtley's Faculty Profile

Prof. Howland, Keynote Speaker at International Knowledge Management Conference

October 22, 2010

Professor Joan Howland was a keynote speaker at the 7th International Conference on Knowledge Management held in Pittsburgh. This annual conference provides researchers and practitioners worldwide with a forum for discussion and exchange of ideas concerning theoretical and practical aspects of knowledge management. Professor Howland's presentation was entitled, "Management of Legal Information in an Evolving Technological Universe: Can the Baby Be Saved While Throwing Out the Bathwater?"

Read Joan Howland's Faculty Profile

Insurance Regulators Pursue Reform Agenda Proposed by Prof. Schwarcz

October 21, 2010

According to a National Underwriter article, at a recent meeting of the National Association of Insurance Commissioners, regulators voted to create a committee to evaluate and propose solutions to the problem of insurance policy transparency in personal lines insurance markets. Professor Daniel Schwarcz detailed the underlying problem in a presentation to regulators prior to their vote. The presentation was based on his research finding dramatic differences in the content of insurers' homeowners policies despite the inability of even informed and sophisticated consumers to comparison shop on the basis of these differences. Schwarcz's research is available online at http://ssrn.com/abstract=1687909.

Read Daniel Schwarcz's Faculty Profile

Prof. Cook Speaks at William Mitchell

October 20, 2010

Professor Nancy Cook was the speaker at a faculty colloquium at William Mitchell Law School. Her talk was on curricular changes in legal education, with a specific focus on developments in learning and innovations theories.

Read Nancy Cook's Faculty Profile

Prof. Carpenter Quoted in U.S. Law Week on DADT

October 19, 2010

Professor Dale Carpenter was quoted extensively in a lead news story in the Bureau of National Affairs' U.S. Law Week. The story involved the recent district court decision ordering the government to stop enforcing the ban on military service by gays and lesbians known as "Don't Ask, Don't Tell." Carpenter discussed the worldwide scope of the recent injunction, the basis for the judge's decision, the potential importance of the case for constitutional law, and the government's options for appeal.

Read Dale Carpenter's Faculty Profile

Prof. Cox in Various Media About Foreclosure Fraud

October 18, 2010

Professor Prentiss Cox has appeared in several media to discuss the continuing disruption in foreclosure procedures caused by false documentation used in the foreclosure process. He discussed the need to use this crisis to implement a clear policy on loan modifications. Cox also commented on possible actions by state attorneys general to address the problem.

During the week of October 11, 2010, Cox appeared on live interviews on a national Fox Business News show, TPT's Almanac and WCCO radio. Cox also appeared in an October 11, 2010 story in the Star Tribune and an October 18, 2010 story on Minnesota Public Radio.

Read Prentiss Cox's Faculty Profile

Prof. Schwarcz Advocates for Insurance Policy Transparency

October 18, 2010

Professor Daniel Schwarcz's research was featured in a series of op-eds in the National Underwriter, the primary insurance trade journal. The article states that he will present his research to insurance regulators and industry representatives at a meeting of the National Association of Insurance Commissioners on Wednesday, Oct. 20. Schwarcz's research describes dramatic differences in the content of different insurers' homeowners policies and the inability of even informed and sophisticated consumers to comparison shop on the basis of these differences. It is available online at http://ssrn.com/abstract=1687909.

Read Daniel Schwarcz's Faculty Profile

Prof. Cook Blogs for Best Practices for Legal Education

October 13, 2010

Professor Nancy Cook was a guest blogger on the Best Practices for Legal Education blog. Her two blog comments, “AntiDisEstablishmentScholarshipism” and “Monsters in the Closet – My Fears about Curricular Reforms,” can be found at http://bestpracticeslegaled.albanylawblogs.org.

Read Nancy Cook's Faculty Profile

Prof. Carpenter Contributes to New York Times Online Series

October 13, 2010

Professor Dale Carpenter's essay, "Deference to What?" was featured in a New York Times online series. The "Room for Debate" series topic was the recent federal district court's decision ordering a halt to the "Don't Ask, Don't Tell" policy.

Read Dale Carpenter's Faculty Profile

Prof. Meili Serves as Panelist at Seminar on Bias in Immigration Law

October 12, 2010

Professor Steve Meili served as a panelist at a continuing legal education seminar sponsored by West LegalEdcenter. The seminar, "Acting on Appearances: The Role of Bias in the Drafting, Execution and Enforcement of Law," took place at the Guthrie Theater in Minneapolis and featured actors reading excerpts from The Great Game, a current Guthrie production about the history of Afghanistan. Meili highlighted several of the myths surrounding the current debate on immigration reform and offered a comparative perspective (from Western Europe and Latin America) on alternative immigration policies.

Read Steve Meili's Faculty Profile

Prof. Cox Quoted in Wall Street Journal on Foreclosure Fraud

October 11, 2010

Professor Prentiss Cox was quoted in a Wall Street Journal article about the turmoil in foreclosure following the publicity about falsely filed affidavits by foreclosing lenders. Cox commented on possible actions by state attorneys general to address the problem.

Read Prentiss Cox's Faculty Profile

Prof. Meili Presents at Latin America Studies Association Conference

October 9, 2010

Professor Steve Meili presented a paper on public interest lawyers in Argentina, Brazil and Chile at the 4-day Latin American Studies Association conference held in Toronto. Meili's paper was based on interviews with lawyers and social movement activists in each of the three countries, and explained how their role in developing the rule of law has expanded during the post-authoritarian period, as each country has adopted constitutional provisions guaranteeing social and economic rights, as well as greater access to courts.

Read Steve Meili's Faculty Profile

Prof. Kirtley Quoted on Changing Journalism Standards in CQ Researcher

October 8, 2010

Professor Jane Kirtley was quoted in a CQ Researcher report on "Journalism Standards in the Internet Age." She discussed challenges to maintaining traditional principles of accuracy and fairness with the rise of the digital media. "It seems to me that the main thing the legacy media have to offer is context and verification. If they aren't doing that, you have to ask what they have to offer that the neighborhood blogger doesn't," she said.

Read Jane Kirtley's Faculty Profile

Prof. Hill Delivers Endowed Lecture at Queen's University

October 4, 2010

Professor Claire Hill was the Law '80 Visiting Lecturer at Queen's University Faculty of Law in Ontario, Canada. Her lecture, based on work co-authored with Professor Richard Painter, was entitled "Mindful of the Consequences: A Behavioral Proposal to Fix Investment Banking."

Read Claire Hill's Faculty Profile

Prof. Cook Presents Article at New York University

October 1, 2010

Professor Nancy Cook presented a draft of an article, “Law as Science: Revisiting Langdell’s Paradigm in the 21st Century,” at New York University. Her talk examined the historical roots of the 19th-century idea of law as scientific discovery and proposed “new science,” focused on creative and inventive process, as an alternative paradigm.

Read Nancy Cook's Faculty Profile

Prof. Cook Presents at NY Clinical Theory Workshop

October 1, 2010

Professor Nancy Cook was a speaker at the Clinical Theory Workshop 25th Anniversary Conference held at New York Law School on Oct. 1-2. Her presentation, entitled “The Medium is the Message: Client Voice, Story, Narration, and Form,” focused on the workshop theme of ethics, jurisprudence, and engagement with clients.

Read Nancy Cook's Faculty Profile