Faculty in the News

Faculty News

  • 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.

  • Prof. Hickman Interviewed by Tax Notes Regarding Latest Anti-Injunction Act Decision

    August 29, 2019

    Prof. Kristin Hickman was interviewed and quoted by Tax Notes regarding the Sixth Circuit’s “close call” decision to deny 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).  In the article, Appeals Court Won’t Revisit Microcaptive Case in Close Call, Tax Notes quoted Prof. Hickman regarding the narrowness of the court’s 9-7 decision to deny rehearing en banc and the likelihood that the Supreme Court be called upon to take up the question.  Prof. Hickman had filed an amicus brief in favor of rehearing in the case.

  • Iowa Court of Appeals Cites Prof. Hasday

    August 26, 2019

    Professor Jill Hasday has written about how the law often does too little to protect biological siblings from being separated at adoption. The Iowa Court of Appeals, In re Interest of I.P., 2019 WL 3317922 (Iowa Ct. App. July 24, 2019), recently cited Prof. Hasday’s article, Siblings in Law, 65 Vand. L. Rev. 897 (2012), in deciding a case that kept siblings together.

  • Prof. Hasday Interviewed on WFSK-FM About Her New Book, Intimate Lies and the Law

    August 23, 2019

    Professor Jill Hasday appeared on “What’s the 411? with Sharon Kay,” a WFSK-FM radio show, to discuss her new book, Intimate Lies and the Law.

  • Tax Notes Quotes Prof. Hickman On Judicial Review of Tax Guidance

    August 19, 2019

    Professor Kristin Hickman was quoted in a Tax Notes article, Entering the Next Frontier of Tax and Administrative Law, regarding the broader implications of a federal district court’s holding in Bullock v. IRS, No. CV-18-103-GF-BMM (D. Mt. July 30, 2019), that the IRS violated the Administrative Procedure Act by issuing subregulatory guidance without public notice and comment procedures.  The article summarized Professor Hickman’s perspective regarding the characterization of IRS guidance documents under the Administrative Procedure Act and quoted Professor Hickman as describing the Bullock decision as “a shot across the bow that [the IRS] need[s] to be more attentive to the kinds of things they are putting into subregulatory guidance.”  

  • Bloomberg Quotes Prof. Hickman Regarding 168(k) QIP Fix

    August 5, 2019

    Prof. Kristin Hickman was quoted in a Bloomberg article, “Could the White House Get Creative, Fix Tax Law’s Retail Glitch?,” regarding the potential for the Treasury Department to fix a supposed legislative drafting error in section 168(k) of the Internal Revenue Code regarding the eligibility of qualified investment property (QIP) for bonus depreciation. Although members of Congress as well as taxpayers have lobbied for Treasury to fix Congress’s omission of QIP from the list of property eligible for a shorter cost recovery period, the article quoted Prof. Hickman as saying, “We don’t pass legislation through letters from members of Congress.” Also, recognizing Prof. Hickman’s service as Special Adviser to the Administrator of the Office of Information and Regulatory Affairs, the article quoted Prof. Hickman as suggesting that “OIRA will not be inclined to let any agency do something that cannot be justified by a legal argument based on the four corners of the statute.”


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E.g., Oct 22 2019

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