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Faculty News

for September, 2008

Kirtley Urges FBI to "Make Their Case" in Anthrax Investigation

September 30, 2008

Professor Jane Kirtley was quoted by McClatchy News Service in a story about the FBI's refusal to release at least 15,000 pages of records relating to its investigation into the 2001 anthrax attacks. The agency identified Bruce Ivins as the "only person involved," but cites various FOIA exemptions covering ongoing investigations to justify its position. Kirtley said, "The FBI is asking us to trust them that they got the person responsible."

The story ran in many national newspapers, including the Detroit Free Press and the Miami Herald.

Read Jane Kirtley's Faculty Profile

Financial Crisis Focus of Cox Media Contributions

September 28, 2008

Clinical Professor Prentiss Cox continues to appear in various media to discuss the mortgage lending collapse and the bailout of financial institutions. Cox was quoted in a front page story in the StarTribune about a mentally disabled couple whose home equity was stripped by repeated refinancings.

Cox appeared in the Minnesota Daily on September 26, 2008 for his participation in a protest about the terms of the financial bailout package. He also discussed the bailout in an extended interview on Canadian television network CTV on September 27, 2008.

Read Prentiss Cox's Faculty Profile

Professor Burkhart Elected to ACMA

September 26, 2008

Professor Ann M. Burkhart has been elected a Fellow in the American College of Mortgage Attorneys. Fellowship is by nomination only. Candidates must be nominated by a current Fellow and approved by the State Chair and the Membership Committee. Membership in the College requires substantial and distinguished experience in real estate law and in publications, presentations, bar association activities, teaching, or participation in the legislative process. Only seven other Minnesota lawyers are ACMA fellows.

Read Ann Burkhart's Faculty Profile

New York Times Discusses Stras's Research

September 25, 2008

An article in the New York Times discusses Justice Alito's decision to leave a cert pool, which is a a shared pool of law clerks that review incoming petitions for certiorari and prepare memoranda for the Justices.

In the course of discussing Justice Alito's decision, the article extensively quotes Professor Stras and discusses his research on the subject. Specifically, the article notes that Professor Stras "has studied the subject and reviewed many of the pool memorandums released with Justice Harry A. Blackmun’s papers. The pool, he said, avoids the time-consuming duplication of efforts that would result from having a clerk in each justice’s chambers consider every petition." Professor Stras further states in the article that the cert pool "does put enormous influence and power in a single clerk" and that, as a result, some certworthy cases fall through the cracks.

Stras Quoted in the ABA Journal

September 25, 2008

The October 2008 issue of the ABA Journal quotes Professor David Stras on the questions of whether circuit riding should be reinstituted for Supreme Court Justices and whether Congress should consider term limits for Justices. With respect to circuit riding, Professor Stras stated that the lower courts would not only "get an extra hand with crowded dockets; they also get clarification of sometimes abstruse rules."

Kirtley Speaks to Coalition for Intellectual Freedom

September 24, 2008

Professor Jane Kirtley delivered the keynote address, "Taking Offense: Expression and Access Rights on Trial" at the Minnesota Coalition for Intellectual Freedom's Annual Dinner marking Banned Books Week at the St. Paul College Club.

Read Jane Kirtley's Faculty Profile

Defining "Journalists" Could be Tricky, Kirtley Predicts

September 20, 2008

Prof. Jane Kirtley was quoted in the Star Tribune after St. Paul Mayor Chris Coleman announced that journalists arrested at the Republican National Convention will not be prosecuted. Coleman added that the term journalist "will be defined very broadly." Although applauding the decision, Kirtley predicted that attempting to define who is a journalist expansively could have the unintended consequences of curtailing press privileges and access rights for all.

Read Jane Kirtley's Faculty Profile

Hill Quoted in New York Times

September 18, 2008

Professor Hill was quoted in "Filling the Leadership Void," an article in the Dealbook section of the New York Times. The article concerns the financial crisis. Hill was quoted on the unintelligibility of the concept of fundamental value.

Read Claire Hill's Faculty Profile

Cox in Media on Mortgages and Financial Crisis

September 18, 2008

Clinical Professor Prentiss Cox appeared on the Good Question segment of WCCO-TV News, to discuss the relationship between the current financial crisis and unfair and imprudent mortgage lending practices.

He also made an appearance on the same topic on the Don Shelby Show on WCCO Radio on September 8, 2008.

On September 10, 2008, Professor Cox was quoted on a Minnesota Public Radio news story about the resignation of Minnesota Housing Finance Agency Commissioner Tim Marx.

Read Prentiss Cox's Faculty Profile

Kirtley delivers "State of the First Amendment" address

September 18, 2008

Prof. Kirtley delivered the "State of the First Amendment" keynote address at the University of Kentucky's annual First Amendment Celebration on September 16. She described challenges to freedom of the press and freedom of speech in the post-9/11 environment. Prof. Kirtley also appeared on a panel discussing "Who is a Journalist?" in the new media environment, on September 17.

Read Jane Kirtley's Faculty Profile

Gross delivered Constitution Day Keynote at Case Western Reserve University

September 17, 2008

Professor Oren Gross delivered the Constitution Day keynote speech entitled "Torturing the Constitution—The (Un)Constitutionality of Waterboarding," at Case Western Reserve University.

Read Oren Gross's Faculty Profile

Kitrosser Provides Testimony to Senate Subcommittee

September 16, 2008

Professor Kitrosser was invited to provide, and has provided written testimony to the U.S. Senate Judiciary Committee, Subcommittee on the Constitution, Civil Rights, and Property Rights, for a September 16, 2008 hearing on Restoring the Rule of Law. Kitrosser’s written testimony focuses on ways to improve congressional oversight of national security activities.

Kitrosser provided written and oral testimony to the same committee last spring. The earlier testimony was for an April 30, 2008 hearing on “Secret Law and the Threat to Democratic and Accountable Government.”

Read Heidi Kitrosser's Faculty Profile

Professor Bix Quoted in Article on Postnuptial Agreements

September 13, 2008

Professor Brian Bix was quoted in an article published in the Minneapolis Star Tribune titled "Postnups?" Professor Bix was quoted on the motivation for entering postnuptial agreements, and the standards for their enforcement.

Read Brian Bix's Faculty Profile

Professor Shaffer Selected as Braudel Fellow

September 10, 2008

Professor Gregory Shaffer was selected as a Fernand Braudel Senior Research Fellow at the European University Institute (EUI) in Florence, Italy for spring 2009. EUI is one of the premier academic institutions in Europe for the advanced study of law, and the Braudel Fellowship provides research support to leading scholars. While at EUI, Professor Shaffer plans to work on a book regarding the World Trade Organization and a series of articles concerning new legal realist and empirical approaches to international law.

Kitrosser to Speak at Abuse of Power Panel

September 1, 2008

Professor Kitrosser will participate in a panel about abuse of power during the Bush Administration to be held at the start of the RNC. The panel is sponsored by Common Cause and will also feature Common Cause President and former Congressman Bob Edgar and The Nation reporter John Nichols. The panel will be held at Golden’s Deli in Saint Paul on Monday, September 1st from 10:30am - 11:30am.

Read Heidi Kitrosser's Faculty Profile