Faculty News
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Prof. Murray Quoted in Bloomberg Law Article Addressing Supreme Court Case with Pardon Implications
December 5, 2018Professor Murray, director of the Law School’s Clemency Project, was quoted in a Bloomberg Law article addressing a case to be argued before the Supreme Court today, regarding dual state and federal prosecutions for the same crime, a case that questions the “dual-sovereignty doctrine” under the Double Jeopardy Clause. It is a relatively straight-forward case that has taken on national significance as commentators argue whether President Trump can pardon individuals in connection with the Mueller investigation, and save them from any prison time. Joining with several other experts cited in the piece, Prof. Murray notes that even if the dual-sovereignty doctrine were to be overturned, this does not save a person from subsequent prosecutions at the state level, noting, for example, that Paul Manafort “could also face state tax fraud charges, which—though related to the federal tax charges—are a separate offense against the states in which he filed state returns.”
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Prof. Monahan Interviewed on Los Angeles Public Radio About California Supreme Court Pension Case
December 4, 2018Professor Monahan was a guest on Los Angeles Public Radio’s “AirTalk” program to discuss Cal Fire Local 2881 v. California Public Employees’ Retirement System, a California Supreme Court case that will determine whether certain changes can be made to California public employees’ pensions. The case is scheduled for oral argument on December 5, 2018.
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Prof. Kitrosser Interviewed by Illinois Radio Station, Associated Press on Scope of Presidential, Congressional Power
December 4, 2018Professor Kitrosser was interviewed for a segment on WDWS’ news hour that aired on November 29th in Illinois. The show’s host, Scott Beatty, told listeners that Kitrosser was scheduled to give that night’s keynote speech at the University of Illinois’ annual Cline Center symposium. Beatty interviewed Kitrosser regarding current controversies concerning the scope of presidential power.
Professor Kitrosser was also quoted by the Associated Press on a different topic the previous week, in a story that first ran on November 23rd. Specifically, the AP story quoted Kitrosser regarding the reach of Congress’ power under the commerce clause, and the role that the commerce power played in a recent court ruling striking down a federal ban on female genital mutilation.
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Prof. Meili Discusses the Immigration Law and Policy Implications of U.S. Midterms Elections at Oxford University
November 30, 2018Professor Stephen Meili discussed the implications of the recent midterm elections on U.S. immigration law and policy at Oxford University’s Rothermere American Institute on November 9. Meili’s talk focused on what is—and is not—likely to change as a result of a Democrat-controlled House of Representatives and a more solidly Republican Senate. Among other things, Professor Meili noted that the election is unlikely to change the slim chances for any kind of comprehensive immigration reform in the near future. He also discussed the role of immigration policy and rhetoric during the course of the campaign, as well as certain executive branch directives, such as executive orders and administrative rulemaking, that are largely outside the control of legislative oversight.
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Prof. Murray Quoted in Washington Post Article About Acting U.S. A.G. Whitaker’s Charging Policies as U.S. Attorney in Iowa
November 21, 2018Professor JaneAnne Murray was quoted in a Washington Post article addressing the changing policies of Acting U.S. Attorney General Matthew Whitaker while he was the U.S. Attorney of the Southern District of Iowa from 2004 to 2009. The article focused on a case handled by the Law School’s Clemency Project, founded and run by Professor Murray.
In 2008, Raeanna Paxton was offered a plea bargain to a stipulated sentence of 21 to 27 years or face a mandatory minimum sentence of life after trial in a case where she had acted as a driver for an individual pursuing a drug deal. Ms. Paxton took the deal and was sentenced to 21 years. Murray met Ms. Paxton at Waseca FCI in early 2016, after she had served approximately 10 years of this sentence. With Shuang Zu ’16, she submitted a clemency petition on Ms. Paxton’s behalf to President Obama. Thereafter, Murray reached out to Ms. Paxton’s sentencing judge, Hon. Robert Pratt, and asked him if he would write a letter in support of Ms. Paxton’s clemency petition. As the Washington Post article notes, in response to Murray’s request, Judge Pratt wrote a letter to Obama’s pardon attorney describing the sentence as “entirely disproportionate” to Ms. Paxton’s crime, adding that she “was and is a nonviolent offender. …This was not a conspiracy that involved ‘drug kingpins.’ It was a situation where methamphetamine-addicted individuals resorted to selling the drug to support their own addictions.” In August 2016, as the Washington Post article notes, “Ms. Paxton got a phone call telling her that Obama had granted her clemency.” It was Murray and Xu who made this call to her. Ms. Paxton has since remarried, and moved to Cheyenne, Wyoming, where she works at a factory assembling medical devices.
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Prof. Frase Quoted in Hudson-Star Observer on Forces Behind Plea Bargains
November 19, 2018Professor Richard Frase was quoted in the Hudson-Star Observer on the common rationale and conditions of plea bargains, and how sweet spots may be hit in the courts system—especially for first-time offenders—through deals that offer conditional outcomes and diversion agreements.
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Prof. Kitrosser to Give Keynote Address at Annual Cline Symposium
November 15, 2018Professor Kitrosser will give the keynote address at the annual Cline Symposium at the University of Illinois on November 29th. The Cline Center for Advanced Social Research has hosted the event for more than two decades. For the annual keynote, the Center “invites a prominent intellectual to address the campus community on a topic of great public significance.” Kitrosser will speak on “Democracy, the Separation of Powers and the Future of American Constitutionalism.” In addition to giving the keynote address, she will participate in a roundtable earlier in the day with several other professors from the university.
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Prof. Meili Interviewed by Local NBC Affiliate Regarding Proposed Change in Birthright Citizenship
October 31, 2018Professor Steve Meili was interviewed by KARE 11 television, NBC’s Minneapolis affiliate, on October 30 regarding President Trump’s intention to issue an Executive Order revoking birthright citizenship under the 14th Amendment. Professor Meili, who teaches immigration law and supervises the Immigration and Human Rights Clinic at the Law School, pointed out that it is well-settled law that the 14th Amendment confers citizenship on any person born in the United States, regardless of the immigration status of that person’s parents. In addition, any change to the U.S. Constitution would need to be implemented through the normal constitutional amendment process rather than via Executive decree.
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Prof. Hickman & Mark Thomson ’12 Cited By Federal District Court
October 31, 2018Professor Kristin Hickman’s work with Mark Thomson ’12 on judicial review of agency rulemaking was cited by Judge James Browning in New Mexico Health Connections v. U.S. Dep’t of Health & Human Services, __ F.3d __, 2018 WL 5112912 (D.N.M. Oct. 19, 2018). In the article, Open Minds and Harmless Errors: Judicial Review of Post-Promulgation Notice and Comment, 101 Cornell L. Rev. 261 (2016), Hickman and Thomson documented and discussed judicial responses to agency procedural violations. In his opinion, having found that the agency action at issue violated procedural requirements, Judge Browning highlighted a lack of clarity in Tenth Circuit jurisprudence regarding vacatur of agency action as injunctive relief, declared his own view that remand without vacatur is an inappropriate remedy, and cited the Hickman and Thomson article as documenting issues raised by that remedy.
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Prof. Hasday Discusses the Constitutional Basis for Birthright Citizenship on WCCO-TV
October 31, 2018Professor Jill Hasday appeared in the “Good Question” segment on WCCO-TV News. She answered questions about the constitutional basis for birthright citizenship.