Faculty in the News

Faculty News

  • Prof. Hickman Cited by Sixth Circuit

    September 11, 2019

    Prof. Kristin Hickman’s Administrative Law Treatise, co-authored with GW Law Professor Richard J. Pierce, Jr., was cited by the U.S. Court of Appeals for the Sixth Circuit in Island Creek Coal Co. v. Bryan, Nos. 18-3680, 18-3909, & 18-4022, 2019 WL 4282871 (6th Cir. Sept. 11, 2019), as the court explained at length the concept of issue exhaustion in administrative law.

  • Tax Notes Quotes Prof. Hickman on 245A Regs’ Good Cause Claim

    September 11, 2019

    Prof. Kristin Hickman was quoted at length by Tax Notes in an article entitled “Will Treasury’s Good Cause Exception Hold Up In Court?” (subscription required) regarding the persuasiveness and potential implications of the Treasury Department’s claim to the good cause exception from the Administrative Procedure Act’s notice-and-comment rulemaking procedures in conjunction with its temporary regulations under Internal Revenue Code section 245A. Prof. Hickman questioned some of the Treasury Department’s assertions while acknowledging the case-by-case nature of good cause exception jurisprudence. She also noted the variability of judicial remedies in such cases.

  • Law360 Quotes Prof. Cotter on DOJ/FTC Rift

    September 9, 2019

    A Law360 article, titled “DOJ Deepens Split With FTC In Qualcomm Antitrust Appeal,” discusses an unprecedented rift between the two federal antitrust enforcers, which finds the Antitrust Division of the Department of Justice urging the Ninth Circuit to reverse a judgment in favor of the Federal Trade Commission. The article quotes Professor Thomas Cotter, who notes that Antitrust Division is not abandoning the national security issues it highlighted in a previous filing requesting a stay pending appeal, but rather is emphasizing its view that the court should reverse the judgment on the merits. Cotter also states that “the interagency dispute shouldn’t be a decisive factor in the court’s ultimate decision on the merits of the case because ‘[t]he court makes the final call on what the law is.’”

  • 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.

  • 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.

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