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Faculty News

for October, 2011

Prof. Shaffer Writes New Book, Transnational Legal Process and State Change

October 31, 2011

Professor Gregory Shaffer has a new book forthcoming with Cambridge University Press entitled Transnational Legal Process and State Change (2012). Shaffer's last book, also published by Cambridge, was Dispute Settlement at the WTO: The Developing Country Experience (2011).

Profs. Hill and Painter Write Op-Ed on Personal Liability Rule for Investment Bankers

October 28, 2011

Professors Claire Hill and Richard Painter published an op-ed in the online "Dealbook" section of the New York Times, urging that the most highly paid investment bankers be personally liable for the debts of their banks, as investment bank partners were a few decades ago when investment banks were general partnerships instead of public companies. Hill and Painter compared this relatively simple personal liability rule with the highly complex "Volcker Rule" the Securities Exchange Commission is implementing to restrict risky propriety trading by banks.

Read Claire Hill's Faculty Profile
Read Richard Painter's Faculty Profile

Prof. Kirtley Quoted on First Amendment Implications of Environmental Activist's Sentencing

October 27, 2011

Professor Jane Kirtley was quoted by Outside magazine in a story about the sentencing of environmental activist Tim DeChristopher who was convicted of disrupting an oil and gas lease auction. The presiding judge said the defendant was sentenced to two years imprisonment not only for civil disobedience, but for "his continuing trail of statements." Kirtley said, "It is to me highly suspect that the judge would enhance the sentence based on what appears to be First Amendment-protected speech."

Read Jane Kirtley's Faculty Profile

Prof. Orfield Quoted on MinnPost.com on New Study on Suburban Poverty

October 27, 2011

Professor Myron Orfield was quoted on MinnPost.com on a new Brooking Institutions study showing growing suburban poverty. Orfield said that while suburbs are getting poorer, "It's not all of them. It tends to be the older suburbs, suburbs not as strong financially, suburbs built for middle-income people, not wealthy people." Orfield is a non-resident senior fellow at the Brookings Institution in Washington.

Read Myron Orfield's Faculty Profile

Prof. Goodwin Speaks on Human Trafficking at Renmin University Law School

October 26, 2011

Professor Michele Goodwin was a featured guest at Renmin University Law School to speak about human trafficking. Goodwin's university lecture highlighted new forms of human trafficking, including medical research trafficking in human tissues and organs. Goodwin noted that the practice is worldwide, and while some trafficked or purloined human tissues have benefited medical research, it comes as a significant cost, including undermining the rule of law, medical ethics norms, and human rights protocols.

Prof. Sanders Participates in 2011 Justice and Journalism Program

October 25, 2011

Professor Amy Kristin Sanders participated in the 2011 Justice and Journalism program, co-sponsored by the Judicial Conference and the First Amendment Center, at the Newseum in Washington, D.C. The program, which brings together 30 federal judges and journalism professors, was designed to help improve the media's coverage of the judicial system. This year's group focused on developing strategies and projects that could be implemented in journalism schools to better prepare graduates to report on legal affairs.

Prof. Goodwin Writes on Moammar Qaddafi's Death

October 25, 2011

Professor Michele Goodwin wrote an article for the Chronicle of Higher Education's Brainstorm blog on the death of the deposed Libyan leader, Moammar Qaddafi. In the article, Goodwin points out that Qaddafi's death and the manner of his killing signify more than the long-awaited political transition for the oil-rich nation. Goodwin says, "that Qaddafi was murdered rather than surrendered to a civilian justice system says much about the political and institutional structures he failed to cultivate and sadly what can be imagined for the near future of Libya." But, Goodwin cautions, "restoration of the rule of law must be preceded by a preexisting foundation or system of legal principles. Mob rule and gang violence begets the same. The rule of law does not emerge from thin air."

Prof. Sanders Participates in "Media Law in the Digital Age" Conference

October 22, 2011

Professor Amy Kristin Sanders participated in "Media Law in the Digital Age," a conference for journalists and attorneys sponsored by Harvard's Berkman Center for the Internet and Society and Kennesaw State University's Center for Sustainable Journalism. It featured a combination of policy-makers, attorneys, and scholars to address current legal issues related to First Amendment law and the Internet. Sanders' panel, entitled "Social Media and Its Legal Implications: Where Your Personal Life Meets Journalism," featured CNN reporter Josh Levs as well as other scholars.

Prof. Kirtley Delivers Lectures and Conducts Workshops on Media Law and Ethics in Malaysia

October 21, 2011

In connection with the distribution of her Media Law Handbook in Malayisa, Professor Jane Kirtley delivered five lectures at various universities, conducted an all-day workshop at the Malaysian Press Institute, and gave informal presentations on media law and ethics at the Bar Council Malaysia and the National Press Club in Kuala Lumpur from October 16-21. Kirtley also met with independent media, including bloggers, as well as representatives of civil society groups. The program was arranged by the U.S. State Department and the U.S. Embassy in Kuala Lumpur. Kirtley was interviewed live on Radio BFM 89.9, and her lecture on media law and ethics at Universiti Selangor was streamed via live web chat at https://statedeptasia.connectsolutions.com/malaysia.

Read Jane Kirtley's Faculty Profile

Prof. McGeveran Interviewed on MPR about Standing in Health Reform Lawsuit

October 20, 2011

Professor William McGeveran spoke to Minnesota Public Radio's Elizabeth Stawicki about the role of standing doctrine in a challenge to the federal health care reform law that is now pending before the Eighth Circuit. McGeveran, who teaches civil procedure, explained that limits on standing promote judicial restraint and avoid ruling on hypothetical disputes. The district court dismissed the case on standing grounds, and the appeals court heard arguments Thursday morning in St. Paul.

Read William McGeveran's Faculty Profile

Prof. Carpenter Debates Same-Sex Marriage Amendment on MPR

October 19, 2011

Professor Dale Carpenter's debate with Maggie Gallagher, president of the Institute of Marriage and Public Policy, was featured on MPR's "Midday." Carpenter and Gallagher debated the upcoming marriage amendment that will be placed on the 2012 election ballot.

Read Dale Carpenter's Faculty Profile

Prof. Morrison Quoted in Winona Daily News on Wabasha Board Actions on Firing Administrator

October 15, 2011

Professor Fred Morrison was quoted in a Winona Daily News article regarding the possible outcome of actions taken by the Wabasha County Board of Commissioners. If the board does fire Administrator David Johnson, several things could happen. Morrison believes that Johnson's case will depend on the language used by the board. If Johnson is fired, he will have more of a case than if his office were abolished.

Read Fred Morrison's Faculty Profile

Prof. Carpenter to Debate Maggie Gallagher on Minnesota Marriage Ban

October 13, 2011

Professor Dale Carpenter will debate a founder of the National Organization for Marriage, Maggie Gallagher, on whether Minnesotans should approve a state constitutional amendment banning same-sex marriages in November 2012. The debate will take place at the University of St. Thomas Law School, Room 235, on Thursday, October 13, 2011, from 4:00-5:00 p.m. The debate is free and open to the public but guests are asked to register at www.stthomas.edu/murphyinstitute/events/20111013_hotTopics.html.

Read Dale Carpenter's Faculty Profile

Prof. Kritzer Quoted in Star Tribune on Faegre & Benson Merger

October 12, 2011

Professor Herbert Kritzer was quoted in a Star Tribune article regarding the merger of Minneapolis-based law firm Faegre & Benson with Indianapolis-based Baker & Daniels. Kritzer observed that the merger was a big deal for the firms, but cautioned that combining practices of this size and scope presents a variety of challenges, particularly "the issue of [firm] cultures and how they will merge."

Read Herbert M. Kritzer's Faculty Profile

Prof. Ní Aoláin Presents at ABA's International Law Fall Meeting in Dublin

October 11, 2011

Professor Fionnuala Ní Aoláin presented a paper on the "Rule of Law" at the American Bar Association's 2011 International Law Fall Meeting in Dublin, Ireland, where over 1,000 attorneys from 60 countries gathered for educational programs, expert panelists and many distinguished speakers.

Read Fionnuala Ní Aoláin's Faculty Profile

Prof. Kirtley Discusses Nancy Grace with London's The Independent

October 8, 2011

Professor Jane Kirtley was quoted by London's The Independent in a story about HLN TV commentator Nancy Grace's characterization of American exchange student Amanda Knox, and others, as guilty of crimes of which they were acquitted. Kirtley said of Grace, "She is not a disinterested observer, ever. She chooses whatever cases are high-profile and says 'guilty, guilty, guilty.' There's a bloodthirstiness to people and Nancy Grace is artful in pandering to that." Kirtley added that Grace's apparent disdain for the presumption of innocence is "particularly irresponsible" because Grace was once a prosecutor.

Read Jane Kirtley's Faculty Profile

Profs. Carpenter and Painter Announce Support for Minnesotans United For All Families

October 6, 2011

Professor Dale Carpenter, board member of the Republicans Against the Minnesota Marriage Amendment, and Professor Richard Painter announced their support for Minnesotans United For All Families, the group spearheading the effort to defeat the constitutional amendment that would define marriage as between a man and a woman, at a news conference.

Read the Pioneer Press article
Read the MPR news article

Read Dale Carpenter's Faculty Profile
Read Richard Painter's Faculty Profile

Prof. Kirtley Interviewed on "Good Question" on Free Speech

October 6, 2011

Professor Jane Kirtley was interviewed for WCCO TV's "Good Question": "How Free is Speech?" Kirtley explained why ESPN's decision to sever its ties with singer Hank Williams, Jr. after he made comments on Fox news analogizing President Obama to Hitler does not violate the First Amendment. When asked by Jason DeRusha why most people don't seem to understand the First Amendment, Kirtley said, "Because they haven't read it."

Read Jane Kirtley's Faculty Profile

Prof. Cotter Quoted in MN Daily on 'Patent Cliff'

October 6, 2011

Professor Thomas Cotter was quoted in an article in the Minnesota Daily about the effects of newly enacted changes to U.S. patent law on research at the University of Minnesota. Cotter discusses the U.S. changeover from a first-to-invent to a first-to-file patent system, which becomes effective in March 2013.

Read Tom Cotter's Faculty Profile

Prof. Cox Quoted in The Daily Beast on Settlement Negotiations

October 5, 2011

Professor Prentiss Cox was quoted in The Daily Beast about the dispute between New York Attorney General Schneiderman and a group of attorneys general led by Iowa Attorney General Tom Miller. The attorneys general are focused on settlement negotiations with the largest financial institutions involved in mortgage servicing activities. Cox was quoted on the difficulties with expanding the negotiations to include secondary market parties. He also noted that the attorneys general action was necessary only because of the failure of the Obama administration to engage with the problems of foreclosed homeowners.

Read Prentiss Cox's Faculty Profile

Prof. Painter Quoted in Financial News on Research with Prof. Hill on Bankers' Ethics

October 5, 2011

Financial News, a Dow Jones news publication, reported on an article by Professor Richard Painter offering suggestions for improving moral standards in investment banking. Part of his article discusses observations from prior and current work with Professor Claire Hill on investment banking, while another part of his article explores the relevance of religious teachings to the moral responsibilities of investment bankers.

Read Claire Hill's Faculty Profile
Read Richard Painter's Faculty Profile

Prof. Gross Discusses Legality of Targeted Killings on Israeli TV

October 4, 2011

Professor Oren Gross appeared on Israel's Channel 10 discussing the legality under United States constitutional law and international law of targeted killings in general and the killing of Anwar Al Awlaki in Yemen in particular.

Read Oren Gross's Faculty Profile

Prof. Carpenter to Debate St. Thomas Law School Professor on Marriage Ban Amendment

October 3, 2011

Professor Dale Carpenter will debate University of St. Thomas Law School Professor Teresa Collett on the subject of the proposed state constitutional amendment banning marriage for same-sex couples. The debate, entitled "Same Sex Marriage and the Law," is sponsored by the Luann Dummer Center for Women and the student group Women's Circle.

Read Dale Carpenter's Faculty Profile

Prof. Goodwin Quoted in Houston Chronicle on Legality of Gov. Perry's Stem Cell Therapy

October 2, 2011

Professor Michele Goodwin was quoted in the Houston Chronicle, section A, page 25, on whether Gov. Rick Perry's stem cell therapy was legal. According to Goodwin, it is unclear exactly what type of stem cell therapy Perry received, and thus it is uncertain whether this is the type of case the FDA would pursue. Goodwin says typically FDA enforcement efforts are prompted by patient complaint. To the contrary, Perry projects a healthy appearance and speaks as if he was fully informed. Perry's celebrity political status will make this a challenging case for the FDA, says Goodwin, because the FDA does not want the public to be encouraged to pursue unregulated and illegal medical therapies, which are promoted by a public leader or celebrity. At the same time, officials at the FDA are certainly mindful of the current political climate and that Perry is a candidate for the US presidency.