Faculty in the News

Faculty News

  • Law360 Quotes Prof. Cotter on State Antitrust Probes of Facebook

    September 9, 2019

    A Law360 article titled “State AGs Launch Antitrust Probe Into Facebook” quotes Professor Thomas Cotter on the recent formation of a coalition of state attorneys general to investigate Facebook for possible antitrust violations. Cotter states that “state AGs have their own … authority,” independent of the federal antitrust enforcers, “and have shown an increasing willingness in recent years to pursue antitrust enforcement that may be more ‘populist’ than their federal peers.”

  • Bloomberg Quotes Prof. Hickman on Anti-Injunction Act Issue’s Certiorari Prospects

    September 6, 2019

    Prof. Kristin Hickman was cited by Bloomberg Law in an article, Taxpayers’ Right to Fight Tax Rules May End Up at Supreme Court, about the likelihood that the Supreme Court will grant certiorari to consider whether the Internal Revenue Code’s Anti-Injunction Act, 26 U.S.C. s. 7421(a), permits pre-enforcement judicial review of Treasury Department and Internal Revenue Service rules and regulations. The issue divided the Sixth Circuit last month when it narrowly denied rehearing en banc in CIC Services, LLC v. Internal Revenue Service, 2019 WL 4051864 (Aug. 28, 2019), with seven judges dissenting and Judge Jeffrey Sutton suggesting in concurrence that the Supreme Court should take up and resolve the issue. Bloomberg Law quoted Prof. Hickman as predicting that the Supreme Court will take up the issue eventually, whether or not it does so in CIC Services. The article also quotes Prof. Hickman as rejecting the argument that reading the Anti-Injunction Act as permitting pre-enforcement review would “shut down tax administration.”

  • Professor Kitrosser Helps to Launch the “Free Expression Legal Network”

    September 5, 2019

    Professor Kitrosser is a member of the founding steering committee of a newly launched initiative, the “Free Expression Legal Network.” FELN announced its public launch earlier this week. FELN grew out of a collaboration between Yale Law School’s Media Freedom and Information Access Clinic and the Reporter’s Committee for Freedom of the Press. FELN is a network of law school clinics, academics, and practitioners (including nonprofits) across the country that seeks to promote and protect free speech, free press, and the flow of information.

  • Prof. Hasday Interviewed on WCCO Radio About Her New Book, Intimate Lies and the Law

    September 5, 2019

    Professor Jill Hasday appeared on the “Chad Hartman Show,” a WCCO Radio program, to discuss her new book, Intimate Lies and the Law.

  • Prof. Hasday Interviewed on Impact Radio USA About Her New Book, Intimate Lies and the Law

    September 3, 2019

    Professor Jill Hasday appeared on “Matthews and Friends,” an Impact Radio USA program, to discuss her new book, Intimate Lies and the Law.

  • Twin Cities Business Quotes Prof. Cotter on Mergers

    September 3, 2019

    Twin Cities Business article titled “Klobuchar Calls for Investigation into Ticketmaster-Live Nation” discusses the senator’s recent call for the Department of Justice to reopen its antitrust investigation into the 2010 merger of Ticketmaster and LiveNation. The article quotes Professor Tom Cotter, who notes that the agencies’ approach to mergers shifts over time as economists develop newer understandings of the potential competitive effects of industrial combinations, and that the pendulum appears to be shifting back to a less forgiving standard.

  • Prof. Turoski’s Article Featured on “Brain Food—The Official Blog of IFT”

    August 30, 2019

    Professor Turoski’s article, “Patent Filings Indicate Continued Growth in Gut Microbiome Market,” co-authored with former student Dr. Anil K. Sharma, was featured on “Brain Food—The Official Blog of IFT.” The article is the final post in the Institute of Food Technologists’s gut microbiome series. The article examines the technological growth and development in the gut microbiome through the lens of recent patent filings, which is a strong indicator for where the market is headed in the future.

  • IPKat Blog Publishes Interview with Prof. Cotter

    August 30, 2019

    The British intellectual property law blog IPKat published an interview with Professor Tom Cotter. Authored by Léon Dijkman and titled On economic analysis of IP law: an interview with Professor Tom Cotter, the article discusses how and when lawyers should deploy economic arguments to interpret intellectual property laws.

  • Prof. McDonnell Has Commentary Published in the Star Tribune

    August 30, 2019

    Professor Brett McDonnell had a commentary, “How Do We Ensure CEOs Act for Stakeholders?,” published in the Minneapolis Star Tribune on August 29, 2019. The commentary responded to a recent statement published by 181 CEOs associated with the Business Roundtable as well as two recent commentaries about that statement. The CEOs advocate an understanding of corporate purpose that goes beyond the traditional goal of creating value for shareholders to include promoting the interests of a variety of other stakeholders, including employees, customers, suppliers, communities, and the environment. Professor McDonnell’s commentary endorses this pro-stakeholder view, but then goes on to ask how can we ensure that CEOs actually act upon their stated priorities? The Roundtable statement gives no method for holding CEOs accountable. This contrasts with the Accountable Capitalism Act introduced by Senator Elizabeth Warren a year ago, which contains a similar statement of corporate purpose, but which would also require the largest corporations to have 40% of their board of directors elected by their employees. Professor McDonnell’s commentary argues that employee directors may well be an important new way to hold CEOs accountable, but suggests that rather than requiring this new system, which may have serious costs, a better approach would be to make the Act’s corporate charter available to all companies, and encourage adoption by significantly reducing or even eliminating the corporate tax for corporations that choose to adopt the employee director system.

  • Prof. Hickman Cited in Sixth Circuit Opinion

    August 29, 2019

    Prof. Kristin Hickman’s article with Gerald Kerska ‘17, Restoring the Lost Anti-Injunction Act, 103 Va. L. Rev. 1683 (2017), was cited by Judge Amul Thapar’s dissent from the denail of rehearing en banc in CIC Services, LLC v. IRS, 2019 WL 4051864 (Aug. 28, 2019).  The case concerns whether pre-enforcement judicial review of IRS Notice 2016-66 is barred by the Anti-Injunction Act, 26 U.S.C. s. 7421(a).  Representing seven of 16 judges on that court in dissenting, Judge Thapar cited the article in recognizing that the IRS “has begun to regulate an ever-expanding sphere of everyday life” and that the IRS does not consistently follow “basic rules of administrative law.”  Concurring in the denial, Judge Jeffrey Sutton suggested that the Supreme Court take up the issue.

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