Faculty News
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Prof. Vaaler Quoted in Article on Plight of Migrant Workers During Covid-19 Pandemic
May 12, 2020TRT magazine (Istanbul) interviewed Professor Vaaler for an article on the health and economic stresses migrants are experiencing due to the Covid-19 pandemic. Professor Vaaler provides background on how the pandemic is decreasing migrant remittances to developing countries where remittances make up a substantial share of total GDP.
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Prof. Hickman Quoted By Bloomberg About CIC Services v. IRS Certiorari Grant
May 5, 2020Professor Kristin Hickman was quoted in an article by Bloomberg, “Anti-Injunction Act Confusion Set for Resolution by High Court,” about the Supreme Court’s decision to grant certiorari in CIC Services LLC v. Internal Revenue Service. The case concerns whether the Anti-Injunction Act, a provision in the Internal Revenue Code, bars pre-enforcement judicial review of tax rules and regulations. Professor Hickman filed an amicus brief supporting the taxpayer’s petition for certiorari. The article quoted Professor Hickman as observing that “the tax community will welcome clarification of the Anti-Injunction Act’s meaning in light of” other developments in the field.
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Prof. Hickman Quoted By Tax Notes About CIC Services v. IRS Certiorari Grant
May 5, 2020Professor Kristin Hickman was quoted in an article by Tax Notes, “Supreme Court Will Clarify Scope of Anti-Injunction Act,” concerning the Supreme Court’s decision to grant certiorari in CIC Services LLC v. Internal Revenue Service. The case concerns whether the Anti-Injunction Act, a provision in the Internal Revenue Code, bars pre-enforcement judicial review of tax rules and regulations. Professor Hickman filed an amicus brief supporting the taxpayer’s petition for certiorari. The article quoted Professor Hickman as hoping that the Court “will take this opportunity to read the Anti-Injunction Act as allowing pre-enforcement review of tax regulatory actions and reaffirm its rejection from the Mayo Foundation case of tax exceptionalism from general administrative law requirements, doctrines, and norms.” The article also quoted Professor Hickman as observing that, regardless, “the tax community will welcome clarification of the Anti-Injunction Act’s meaning”
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Minnesota Lawyer Quotes Prof. Cotter on Supreme Court Trademark Law Decision
April 30, 2020An article in Minnesota Lawyer (subscription required), titled “Profits More Available in Trademark Cases,” discusses the U.S. Supreme Court’s recent decision in Romag Fasteners, Inc. v. Fossil Group, Inc. The decision holds that willfulness is not an absolute requirement for an award of the infringer’s profits in a trademark infringement case. The article quotes Professor Tom Cotter, who states that “It will be easier for trademark owners to allege that the defendant has not only engaged in trademark infringement but potentially is liable for disgorging profits earned from the sale of allegedly infringing products,” and that “It will be more difficult for courts to dispose of these cases on a motion for summary judgement so more of them will go to trial. That raises the degree of uncertainty and the risk faced by defendants.”
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Prof. Rozenshtein Quoted in The Atlantic About Government Surveillance to Fight Coronavirus
April 22, 2020Professor Alan Rozenshtein was quoted in The Atlantic about increased government surveillance to fight coronavirus. He noted, “As someone who has been studying 9/11 and the U.S. response to it, I see this as the same kind of inflection point. I just don’t see us going back to normal ever again after this.” He also cautioned against the potential of surveillance programs to exceed their initial scope: “There really is such a thing as surveillance creep, and surveillance programs do tend to increase beyond their initial scope. Pandemics, like other emergencies, have often been these catalyst moments for the permanent expansion of the government. And the government does not tend to shrink after the moment has passed.”
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Prof. Hasday’s Intimate Lies and the Law Reviewed in the Harvard Law Review
April 15, 2020Professor Jill Hasday’s new book, Intimate Lies and the Law, was recently reviewed in the Harvard Law Review. Elizabeth Emens, the Isidor and Seville Sulzbacher Professor of Law at Columbia Law School, wrote the review.
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Prof. Hickman Quoted by Bloomberg on OIRA Review of Nonprofit Regulation
April 15, 2020Professor Kristin Hickman was quoted in a Bloomberg article commenting on review by the Office of Information and Regulatory Affairs (OIRA) of a Treasury Department regulation regarding how nonprofits calculate tax owed on income generated by activities outside their core focus. The article noted that the proposed regulation was back under review for a second time. Prof. Hickman observed that agencies sometimes decide to make adjustments based on comments from other agencies or government offices.
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Prof. Frase Quoted in the Star Tribune Regarding the Right to Speedy Trial Amid the COVID-19 Pandemic
April 10, 2020Professor Richard Frase was quoted in an article in the Star Tribune concerning the postponement of an upcoming Hennepin County murder trial. Prof. Frase stated that the defendant is “not the only person who’s going to be making a speedy trial motion because of the problem of not wanting to put people together in the courtroom” and that the COVID-19 pandemic “forces everybody to take another look at who’s in detention and ask if they really need to be there and what are the alternatives.” He added that the defense has a strong argument under Minnesota’s speedy-trial law, though the state could argue that the delays were beyond its control.
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Robina Institute Executive Director Kelly Mitchell Coauthors Paper in Journal of Correctional Health Care
April 9, 2020Robina Institute Executive Director Kelly Mitchell has coauthored a paper in the National Commission on Correctional Health Care’s Journal of Correctional Health Care. The paper, titled “Physical Health and Disability Among U.S. Adults Recently on Community Supervision,” was authored by Tyler Winkelman, Michelle Phelps, Kelly Mitchell, Latasha Jennings, and Rebecca Shlafer. It centers around the work of the University of Minnesota Grand Challenges project, Identifying and Addressing Disparities in the Criminal Justice and Health Care Systems, which is scheduled to conclude in the summer of 2020.
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Prof. Hickman Quoted Regarding NLRB Challenge
April 9, 2020Prof. Kristin Hickman was quoted by Bloomberg in an article discussing an AFL-CIO lawsuit filed March 6 claiming that the National Labor Relations Board violated the Administrative Procedure Act with a new regulation modifying the agency’s procedures for union elections. The agency relied on the procedural rule exception from public notice and comment procedures in adopting the regulation. The article quoted Prof. Hickman’s observation that the courts employ different standards in evaluating whether agency regulations are procedural rules: “Depending on the rule, the D.C. Circuit and courts in general have invoked one or more different frames or snippets of rhetoric to describe the distinction between procedural and substantive.”