April 15, 2020
Professor 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.
Prof. Frase Quoted in the Star Tribune Regarding the Right to Speedy Trial Amid the COVID-19 PandemicApril 10, 2020
Professor 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.
Robina Institute Executive Director Kelly Mitchell Coauthors Paper in Journal of Correctional Health CareApril 9, 2020
Robina 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.
April 9, 2020
Prof. 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.”
April 2, 2020
Professor Alexandra Klass was quoted in a Bloomberg Law article (login required) discussing the recent decision of the U.S. District Court for the District of Columbia holding that the environmental review conducted by the U.S. Army Corps of Engineers for the controversial Dakota Access Oil Pipeline was inadequate under the National Environmental Policy Act.
April 1, 2020
Professor Oren Gross, an expert in national security law and international trade law, was quoted in a Star Tribune article looking at the invocation of the Defense Production Act by President Trump in order to ensure that the federal government is supplied with a sufficient number of ventilators and other critical medical equipment necessary for the fight against the coronavirus. Professor Gross discusses the history of the law as well as its possible application to companies who have their headquarters outside of the United States but which operate in the country.
Prof. Klass’s Scholarly Work on Energy Development and Eminent Domain Cited and Quoted in The American ProspectMarch 30, 2020
An article in The American Prospect extensively discusses Professor Klass’s scholarly work on the use of eminent domain for controversial pipeline projects as well as the potential use of eminent domain for clean energy projects. Professor Klass was also interviewed for the article and is quoted within it.
March 24, 2020
Professor Fionnuala Ní Aoláin, the U.N. special rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, was quoted in Al Jazeera regarding the potential danger of EU states extending COVID-19 civil liberty restrictions beyond the end of the public health crisis. “The danger is that states, particularly non-democratic or less open societies, would use the opportunity given by the health emergency to crack down on particular minority groups, or individuals or groups that they see as highly problematic,” said Ní Aoláin. “States might find, as we often see in the counterterrorism space, that extensive powers are very comfortable, and they give them a lot more leeway than they usually have. The key point is that leeway shouldn’t be used indefinitely.”
March 19, 2020
Professor Alexandra B. Klass published a blog on how the nation should transition away from using federal public lands to promote fossil fuel development toward using them as a showcase for large-scale renewable energy development.
March 13, 2020
Professor Jill Hasday testified before the Minnesota House Committee on the Judiciary, Finance, and Civil Law. The Minnesota Legislature is considering a bill that would prohibit employers from questioning job applicants about their pay history. Professor Hasday’s testimony focused on explaining how asking about pay history perpetuates pay discrimination.