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Faculty News

for October, 2013

Prof. Cotter Quoted in Reuters Article on Patent Damages Dispute

October 29, 2013

Professor Tom Cotter was quoted in a Reuters News Service article that discusses an ongoing patent damages dispute between Intellectual Ventures (IV) and two defendants, Symantec and TrendMicro. At issue is whether it is relevant that IV purchased the patents at issue for a sum that is much, much lower than what IV is now seeking in infringement damages. Cotter states that as an economic matter the damages could exceed the purchase price, and that if the damages were capped at the purchase price there would be "no point in being a patent assertion entity."

Read Tom Cotter's Faculty Profile

Prof. Cribari Quoted in Pioneer Press Article, 'Archdiocese to Address Priests on Clergy Sexual Misconduct'

October 28, 2013

Professor Stephen Cribari was quoted in a Pioneer Press article entitled "Archdiocese to Address Priests on Clergy Sexual Misconduct." People accused of wrongdoing have rights under civil law, Cribari said, "and you can't pretend they don't."

Read Stephen J. Cribari's Faculty Profile

Prof. Painter Interviewed by KSTP TV News on Review of Catholic Church Files on Priests Accused of Child Abuse

October 25, 2013

Professor Richard Painter was interviewed by KSTP TV News for a story on the search by the Archdiocese of St. Paul and Minneapolis for a firm to review clergy files in connection with the abuse scandal. Painter said that full disclosure of facts, personal accountability and compensation of victims needed to be the top priority.

Read Richard W. Painter's Faculty Profile

Prof. Hall Meets with Senator Franken to Discuss FDA and Medical Device Regulation

October 24, 2013

Professor Ralph Hall recently participated in a small group forum with Senator Al Franken to discuss the Food and Drug Administration, medical device regulation, improving the regulatory process, and enhancing patient benefit.

Read Ralph Hall's Faculty Profile

Prof. Kirtley Discusses Law and Ethics of Government Payments to Miami Journalists

October 24, 2013

Professor Jane Kirtley appeared on two panels at the University of North Carolina on "The Case of the Cuban Five: Justice or Injustice?" The Cuban Five were convicted in 2005 of various charges, including conspiracy to commit espionage on behalf of the Cuban government. Their attorneys are appealing the convictions, claiming that Miami-based Cuban-American journalists, who were paid by the U.S. government-sponsored Radio/TV Marti prior to and during the trial, wrote articles that resulted in prejudicial publicity undermining the defendants' right to a fair trial. Kirtley discussed the law and ethics of journalists accepting government payments while also writing for independent media. The forums were sponsored by the UNC Law School's Center for Media Law and Policy and the Institute for the Study of the Americas.

Read Jane Kirtley's Faculty Profile

Prof. Wolf to Present in Atlanta on Death and Dying

October 24, 2013

Professor Susan Wolf will present on "Improving Care Near the End of Life: Why It's Still So Difficult" at the annual meeting of the American Society for Bioethics & Humanities (ASBH), Oct. 24-27, 2013, in Atlanta. While in Atlanta, Wolf will also present at the annual meeting of the Hastings Center Fellows. Both presentations will explore issues illuminated by her recent book with Nancy Berlinger and Bruce Jennings on end-of-life care, published by Oxford University Press. For more on the book, visit the OUP website here or The Hastings Center website here.

Read Susan M. Wolf's Faculty Profile

Prof. Ben-Ner Quoted on Executive Compensation and Governance in Nonprofits

October 19, 2013

Professor Avner Ben-Ner was quoted in an Austin American Statesman article on issues of executive compensation and board governance in nonprofit organizations in conjunction with an Austin University bookstore.

Prof. Cotter Quoted in Minnesota Lawyer on Copyright Trolls

October 17, 2013

Professor Thomas Cotter was quoted in a Minnesota Lawyer article entitled "Attorney Takes on Alleged Copyright Trolls." The article discusses a recent series of lawsuits in which entities acquire licenses or assignments of copyrights, often of pornographic films, and then patrol the Internet to find possible instances of illegal downloading. Cotter mentions how copyright trolling has taken off in the past few years, why defendants often settle, and the legal questions surrounding the practice.

Read Tom Cotter's Faculty Profile

Prof. Cotter Quoted in New York Observer on Graffiti Artists' Rights

October 16, 2013

Professor Thomas Cotter was quoted in a New York Observer article about a lawsuit brought by a Queens, New York, street art collective to enjoin the demolition of a warehouse whose owners had allowed the artists to cover with graffiti art over the past 20 years. The lawsuit involves a portion of the U.S. Copyright Act known as the Visual Artists Rights Act (VARA). Cotter suggests that a court might conclude that VARA prevents the owner from tearing down the building without the artists' consent, but that it is more likely the court will find a way out by concluding that the artwork is not a "work of recognized stature."

Read Tom Cotter's Faculty Profile

Prof. Cribari Quoted in Star Tribune Article, 'Insider Battles Archdiocese Over Sex Abuse'

October 13, 2013

Professor Stephen Cribari was quoted in the Star Tribune's lead story, entitled "Insider Battles Archdiocese Over Sex Abuse." The article pertained to Jennifer Haselberger, former archdiocesan canon lawyer, who alerted law enforcement officials to what she believed was child pornography on a priest's discarded computer. Cribari said, "She has either done a very stupid thing or a very brave thing."

Read Stephen J. Cribari's Faculty Profile

Prof. Stein to Co-Chair International Bar Association's Rule of Law Symposium

October 11, 2013

Professor Robert Stein will co-moderate sessions with Paul Volcker, former Chairman of the Federal Reserve, and U.S. Supreme Court Justice Stephen Breyer at this year's Rule of Law Symposium, held on the final day of the annual International Bar Association (IBA) conference. This year's conference will be held in Boston October 6-11. Stein's co-chair and co-moderator will be Richard Goldstone, former Justice on the South African Supreme Court and first prosecutor for the War Crimes Tribunal for former Yugoslavia.

Read Robert Stein's Faculty Profile

Prof. Kappelhoff to Serve as Expert Panelist for Sex Trafficking Forum

October 10, 2013

Clinical Professor Mark Kappelhoff will be an expert panelist for a public forum entitled "Sex Trafficking -- A Growing Issue for the Twin Cities." The forum is sponsored by the League of Women Voters of Minneapolis, The Women's Club of Minneapolis, and the Advocates for Human Rights. It will be moderated by MPR Morning Edition host Cathy Wurzer and will be held on October 10, at 5:00 p.m., at the Women's Club of Minneapolis.

Read Mark Kappelhoff's Faculty Profile

Prof. Orfield's Study on Charter Schools Cited by Local Media

October 9, 2013

Professor Myron Orfield, Director of the Institute on Metropolitan Opportunity, and Research Director Thomas Luce, released a study that documents the growth of predominantly white charter schools in racially diverse suburbs, notes that charter schools in the metropolitan area continue to underperform similar public schools, and documents the fiscal costs of charter school competition to the Minneapolis and St. Paul school systems. The study has been cited in local media including:

KARE 11
Minnesota Public Radio
MinnPost
Star Tribune
Star Tribune Editorial Board

Read Myron Orfield's Faculty Profile

Prof. Ni Aolain's Book Named One of Ten Must-Read Books on Sexualized Violence in War

October 8, 2013

Professor Fionnuala Ni Aolain's book On the Frontlines: Gender, War, and the Post-Conflict Process (with Dina Francesca Haynes and Naomi Cahn) was named one of the ten must-read books on sexualized violence in war by Women Media Center's blog Women Under Siege. The blog stated, "The authors put forward a compelling exploration of violence against women in post-conflict settings. Untangling societal, political, and cultural influences, they argue that improving the status of women in postwar settings would serve not only to improve their lives but would ultimately benefit citizens of the state, thus ensuring a more durable peace in transitioning countries."

Read Fionnuala Ní Aoláin's Faculty Profile

Prof. Cotter Quoted in Three Law360 Articles on Patent Damages

October 4, 2013

Companies that own "standard-essential patents" (SEPs) often commit to license those patents on "fair, reasonable, and nondiscriminatory" (FRAND) terms. Disputes over the meaning of FRAND, and over whether the owner of a FRAND-encumbered SEP can seek an injunction for the infringement of such patents, have increased in intensity over the past year. Professor Tom Cotter was quoted in three recent articles in Law360 concerning these disputes: a dispute between Apple and Samsung in which the U.S. Trade Representative vetoed an injunction; another between Motorola and Microsoft, in which a judge calculated a FRAND royalty; and a third involving a patent assertion entity known as Innovatio IP. All three cases, Cotter suggests, should motivate SEP owners not to "overreach...in their demands."
Read the October 4, 2013, Law360 article.
Read the September 5, 2013, Law360 article.
Read the August 5, 2013, Law360 article.

Read Tom Cotter's Faculty Profile

Prof. Kirtley Discusses Journalists and National Security at Penn Law Ethics Conference

October 4, 2013

Professor Jane Kirtley was a panelist at the "Professional Ethics in National Security Law and Policy" conference sponsored by the Center for Ethics and the Rule of Law at the University of Pennsylvania Law School. Kirtley discussed media ethics and legal issues that arise when journalists publish leaked classified information.

Read Jane Kirtley's Faculty Profile

Prof. Carpenter Featured on Minnesota News Network on Government Shutdown

October 2, 2013

Professor Dale Carpenter was featured on the Minnesota News Network about the federal government shutdown. "Carpenter says the American people, by electing branches of government which are in disagreement with each other, have effectively consigned the nation to this kind of occasional impasse. He says roadblocks in Washington, D.C. will remain unless voters either change the composition of Congress or change the president."

Read Dale Carpenter's Faculty Profile