Faculty in the News

Faculty News

  • Prof. JaneAnne Murray Interviewed by AP on Jayme Closs Case

    January 15, 2019

    Professor JaneAnne Murray was interviewed by the AP regarding prosecutorial and defense strategies in the prosecution of the individual accused of abducting Jayme Closs and murdering her parents. Commenting on the level of detail in the initial charging complaint, Murray commented that the complaint may have been “designed to send a signal to the defense that the evidence against their client is overwhelming.” The prosecutors will want a swift resolution, she added, and even in a case of strong evidence, a defendant’s willingness to enter into an early disposition can be a factor in plea bargaining discussions.

     

  • Professor Kitrosser Quoted in The Atlantic magazine on presidential powers

    January 14, 2019

    Professor Kitrosser was quoted in an article in The Atlantic magazine entitled “The Most Remarkable Thing About Trump’s Proposed National Emergency.” She explains that the conditions for presidential abuses of power, such as norms of unilateral presidential action and very broad congressional delegations, have been present for a long time, and that we are now seeing them exploited even more so than in the past. The article’s last lines state, for example:  “’The seeds of this problem are multifold, and they’ve been in the ground for quite a while,’” Kitrosser says. “’With the Trump presidency, we’re primed for them to really come to fruition.’”

  • Texas Court Cites Professor Cotter's Scholarship

    January 13, 2019

    In an opinion in HTC Corp. v. Telefonaktiebolaget LM Ericsson, Judge Rodney Gilstrap twice cited Professor Thomas Cotter’s book chapter (coauthored with Norman Siebrasse) titled Judicially Determined FRAND Royalties, from the edited volume The Cambridge Handbook of Technical Standardization Law (Jorge L. Contreras ed., Cambridge University Press 2018), as persuasive authority on the subject of determining royalties for the use of standard essential patents.

  • Prof. Murray Interviewed by Bloomberg on the Impact of the Shutdown on Federal Criminal Cases

    January 12, 2019

    Prof. JaneAnne Murray was interviewed extensively by Bloomberg on the impact of the shutdown on the progress of criminal cases in federal courts. Likening the situation to “watching a frog boil,” Murray pointed out that “there’s only so much people will take until they’re done.” She foresaw “almost invisible slowdowns” among court personnel expected to work for free, “whether it’s through the absence of critical people who aren’t deemed essential, whether it’s through people taking sick leave because they are so frustrated, or people who are just actively slowing down because they are upset and despairing at their financial situation.” She added, “if you live paycheck-to-paycheck and you’re a federal defender making $70,000 a year, or a social worker or investigator at a federal defenders office making $40,000 a year, it’s really an imposition on these lawyers and employees.” The question becomes: “does that impact your commitment to your work?” The net effect would be that “clients are going to sit in detention centers longer.” In addition to procedural delays in pending criminal cases, Murray also highlighted a more ominous impact: people eligible for compassionate release would not have their applications considered expeditiously, thus denying them precious time on the outside. “Compassionate release, when it happens, has been in the last six months” of a person’s life, Murray said. “And often it’s happening weeks before the person dies.”

  • Prof. Feld’s Research Cited by Several State Courts

    January 3, 2019

    Centennial Professor of Law Emeritus Barry Feld’s research on juvenile interrogation, adolescents’ diminished criminal responsibility, and school searches has been cited recently by a number of state courts.  See, e.g., State v. Castillo, 329 Conn. 311 (CT SupCt 2018) (juvenile interrogation); State v. Propps, 897 N.W.2d 91 (IA SupCt 2017) (juveniles’ diminished criminal responsibility); In re Luis P., 161 A.D.3d 59 (Sup.Ct, App.Div., N.Y. 2018) (juvenile interrogation); State v. Crooks, 911 N.W.2d 153 (IA SupCt 2018) (juveniles’ diminished criminal responsibility); Esper v. Commonwealth, 2018 WL 898215 (KY SupCt 2018) (juvenile interrogation); State v. Lindsey, 881 N.W.2d 411 (IA Sup Ct. 2016) (school search and seizure).

  • Prof. Hickman Featured in Documentary on Chevron Deference

    December 20, 2018

    Prof. Kristin Hickman was one of five administrative law experts featured in a short documentary, entitled Chevron: Accidental Landmark, about the Chevron doctrine of judicial deference to agency legal interpretations, which developed from the Supreme Court’s decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984).

  • Prof. Hickman Named Runner-Up for Tax Notes 2018 Tax Person of the Year

    December 18, 2018

    Professor Kristin Hickman was named by the prominent tax industry publication Tax Notes as among its runners-up for 2018 Person of the Year. The recognition is in connection with Prof. Hickman’s work as Special Adviser to the Administrator of the Office of Information and Regulatory Affairs (OIRA), where she has been assisting the agency in its efforts to implement a Memorandum of Agreement providing for OIRA review of tax regulations and rulings. Other runners-up for the year include Assistant Secretary of the Treasury David Kautter, IRS Commissioner Charles Ruttig, and Special Counsel Robert Mueller. This is the second time that Prof. Hickman’s work in the area of tax administration has been recognized in this manner by Tax Notes.

  • Prof. Monahan Interviewed by KARE 11 on Texas Affordable Care Act Case

    December 18, 2018

    Professor Monahan was interviewed by KARE 11, an NBC affiliate, about Texas v. United States, a decision that found the Affordable Care Act’s individual mandate to be unconstitutional and inseverable from the rest of the statute. While the judge held the entire Affordable Care Act invalid, the judgment is declaratory and the statute remains in full effect pending appeal.

  • Prof. Murray Quoted in Bloomberg Law Article Addressing Supreme Court Case with Pardon Implications

    December 5, 2018

    Professor 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.”

  • Prof. Monahan Interviewed on Los Angeles Public Radio About California Supreme Court Pension Case

    December 4, 2018

    Professor 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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