November 7, 2017
On October 31, 2017, Professor JaneAnne Murray was elected to the board of the National Association of Criminal Defense Lawyers (NACDL), the nation’s premier nonprofit bar association of lawyers, both public and private, dedicated to criminal defense. The NACDL was founded in 1958 and has thousands of direct members and 40,000 members through affiliates. Dedicated to advancing the proper, efficient, and just administration of justice, each year NACDL files numerous briefs as amicus curiae in the United States Supreme Court and other federal and state courts, publishes reports on cutting edge criminal justice issues (police body cams, public defense funding, etc.), and runs dozens of highly-regarded CLE programs nationwide. Murray has been co-chair of its Sentencing Committee since 2012, was a member of the Steering Committee of the Clemency Project 2014 (formed by the NACDL with the ABA, FAMM, the Federal Defenders and the ACLU), and currently sits on NACDL’s Trial Penalty Taskforce and on the Advisory Attorney Group of the NACDL/FAMM State Clemency Project.
November 3, 2017
Professor Alan Rozenshtein wrote a commentary for Lawfare regarding how policymakers should analyze the status of social-media companies for content-regulation purposes. Rozenshtein argues that, rather than focus on whether companies are “platforms” or “publishers,” policymakers should emphasize the practical effects of content-regulation mandates on public safety, privacy, and free expression.
October 30, 2017
Professor Prentiss Cox was quoted in a Star Tribune story on the 51050 Senate vote which completed the Congressional rescission of a rule passed by the Consumer Financial Protection Bureau limiting the use of class action bans in aribtration clauses. The CFPB rule would have prevented financial institutions from using boilerplate contracts that contained provisions prohibiting consumers from joining in a class action lawsuit. Cox commented that the Congressional action constitutes a “get of jail free” card for the financial services industry, as the amounts at issue when banks and other financial companies violate the law are rarely enough to justify hiring an attorney, thus making class actions the only viable option for consumer private rights of action to assert the claim.
Cox also was quoted in a Quartz Magazine story on the arbitration rule.
Prof. Befort Interviewed for Star Tribune Article on Arbitration of Police Misconduct Discipline CasesOctober 30, 2017
Professor Stephen Befort was interviewed for a Star Tribune article entitled, “Richfield Finds It’s Hard to Fire a Cop.” Professor Befort described an empirical study of labor arbitration cases that he co-authored in book form with Professors Laura Cooper and Mario Bognanno. The study found that employers won a slight majority of these cases, with the remaining decisions almost evenly divided between union wins and split outcomes. He also reported on an article published in 2016 by Tyler Adams (’17), which found very similar results in a nationwide examination of published police misconduct arbitration decisions.
October 24, 2017
Professor Daniel Schwarcz testified at a hearing on the “Federal Role in the Insurance Industry” before the Housing and Insurance Subcommittee of the House Financial Services Committee, in Washington D.C. His testimony suggested that the federal government has an important role to play in monitoring state insurance regulation, preventing the aggregation of systemic risk in the industry, and engaging with international standard-setting organizations.
October 23, 2017
Professor Fionnuala Ní Aoláin’s career work fighting for human rights law was profiled in the Star Tribune. Highlighting her recent appointment to the United Nations as its Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism, the article traces her path from a childhood during the Northern Ireland Conflict to co-founding and co-directing the Transitional Justice Institute at Ulster University in Northern Ireland and teaching at the Law School. Ní Aoláin also briefly draws out her philosophical discoveries: “When we make human rights gains, people will push back,” said Ní Aoláin of her lifelong—but worthwhile—battle for human rights. “You’re part of something bigger.”
October 19, 2017
Professor Prentiss Cox was quoted in a City Pages article on Congressional legislation to restrict the authority of the Consumer Financial Protection Bureau. Cox observed that the CFPB has been an effective regulator of the financial services market following the financial crisis. He stated that the legislation, entitled the Financial Choice Act, was for the benefit of the financial services industry and not consumers.
Prof. Meili Presents Research on Asyum Law at University of OxfordOctober 18, 2017
Professor Steve Meili presented his research on the constitutionalization of asylum law at the University of Oxford’s Refugee Studies Centre. His talk was part of the RSC’s weekly seminar series. In his talk, Meili argued that the proliferation of provisions guaranteeing a right to asylum in constitutions around the world provides a form of protection for refugees that is broader than the 1951 Convention Relating to the Status of Refugees, the principal international agreement governing the treatment of persons fleeing persecution. Constitutional asylum law may be particularly relevant in countries which have traditonally been reluctant to utilize it, including many E.U. Member States, given the recent surge in nationalism and aversion to globalization. Meili’s presentation is the subject of an article forthcoming in the Fordham International Law Journal, and is part of his ongoing study of the effectiveness of treaties and other international instruments designed to protect noncitizens.
Prof. Borgida To Participate in Panel Discussion on Mitigating Implicit Bias in Criminal Justice SystemOctober 17, 2017
Professor Eugene Borgida will participate in a panel discussion about mitigating implicit bias in the criminal justice system, to be held on October 25 from 2-4 p.m. at the Minneapolis Jury Assembly Room at the United States Courthouse in downtown Minneapolis. Opening remarks will be made by the Honorable Wilhelmina Wright, federal district court judge. In addition to Professor Borgida, the other panelists include Hennepin County District Court Judge Tanya Bransford, and Ramsey County District Court Judge Nicole Starr.
October 14, 2017
Professor John H. Matheson was invited and has joined the Expert Reference Group for the Australian Research Council funded Discovery Project “Devising a Legal Blueprint for Corporate Energy Transition.” This project will explore how corporate law mechanisms can incentivise improved climate risk management and the uptake of clean energy practices by Australian companies. Drawing on empirical data and comparative analysis of U.S. experience in this area, the project seeks to identify law and governance reforms to drive corporate energy transition in Australia. The Expert Reference Group is composed of distinguished corporate law, climate liability and corporate social responsibility experts in Australia, the United States and other relevant jurisdictions to guide the implementation of the project by validating findings, workshopping proposals and refining outcomes through peer feedback.