Faculty in the News

Faculty News

  • Law360 Quotes Prof. Cotter on Google, Amazon Antitrust Probes

    June 5, 2019

    A June 4, 2019 Law360 article titled Don’t Read Too Much Into Feds’ Google, Amazon Probes discusses the recent announcement that the Federal Trade Commission and the Justice Department’s Antitrust Division have “agreed to divvy up their antitrust scrutiny of Amazon and Google,” but also notes that “experts caution that doesn’t necessarily mean any major investigation or enforcement is forthcoming.” The article quotes Professor Thomas Cotter, who stated that “there’s a fact-gathering process” before launching a formal investigation.

  • Prof. Ní Aoláin Quoted by Reuters on Practice of Sending Suspected Foreign Islamic State Fighters to Iraq for Trial

    June 3, 2019

    Professor Fionnuala Ní Aoláin was quoted by Reuters in an article on transferring suspected foreign Islamic State fighters captured by U.S.-backed Syrian Democratic Forces in Syria to stand trial in Iraq. “The sub-contraction of trials … to an ill-resourced, under-funded, ill-equipped criminal justice system in Iraq can only be described as an abrogation of responsibility,” said Ní Aoláin, the U.N. special rapporteur for human rights while countering terrorism.

  • Prof. Turoski Presents Research on the Patent Landscape of the Gut Microbiome

    June 3, 2019

    Prof. Turoski and Dr. Anil K. Sharma ’19 presented their research on the patent landscape of the gut microbiome at the IFT Scientific Program Deep Dive: Gut Microbiome, Nutrition, and Health.

    The research was presented at the Institute of Food Technologists IFT19 annual meeting, where the most creative minds dedicated to the science of food—including industry, government, and academia—come together with purpose to share and challenge one another with the latest research, innovative solutions, and forward thinking topics in food science and technology to tackle our greatest food challenges. With programming on topics from feeding the world to the future of food safety, IFT19 brings together the brightest minds in the science of food to shape the global food technology landscape in the years to follow. The event attracts nearly 17,000 attendees from around the world.

  • Prof. Hickman’s Article Debated by Sixth Circuit Panel

    May 30, 2019

    Prof. Hickman’s article with Gerald Kerska ’17, Restoring the Lost Anti-Injunction Act, 103 U. Va. L. Rev. 1683 (2017), was quoted and cited in both the majority and dissenting opinions in CIC Services, LLC v. Internal Revenue Service, No. 18-5019 (6th Cir. May 22, 2019).  Like the article, the case concerned whether tax regulatory actions are exempted from pre-enforcement judicial review by a provision of the tax code known as the Anti-Injunction Act. Though ultimately disagreeing with the article’s conclusion, the majority opinion by Judge Eric Clay acknowledged, as Hickman and Kerska assert, that “courts lack an overarching theory” of how and when to apply the Anti-Injunction Act, leading to “jurisprudential chaos.” The dissenting opinion by Judge John Nalbandian cited Hickman and Kerska in arguing that the panel majority’s interpretation is in tension with Supreme Court precedent and will render many Treasury regulations and IRS guidance documents “effectively unreviewable,” thus erode “public confidence in the quality and legitimacy of agency action.”

  • Prof. Hickman “Wins,” Declares Former IRS Official in Tax Notes

    May 30, 2019

    Professor Kristin Hickman’s work has long criticized the Treasury Department and Internal Revenue Service for their regular practice of issuing temporary regulations interpreting the tax laws and binding taxpayers without first vetting those regulations through public notice and comment as required by the Administrative Procedure Act. The Treasury Department recently issued a new policy statement that promised to issue temporary regulations only when accompanied by a valid claim of good cause, as required by the Administrative Procedure Act.  Summarizing a panel discussion at a recent American Bar Association Tax Section meeting, a Tax Notes article (subscription required) quoted former IRS Chief Counsel William Wilkins as predicting that temporary regulations “would be exceedingly rare” under the new policy, acknowledging Prof. Hickman’s work, and observing that “she’s won.”

  • Prof. Cotter Interviewed by Knowledge@Wharton About FTC v. Qualcomm Antitrust Decision

    May 26, 2019

    Knowledge@Wharton, a daily call-in business interview program broadcast from The Wharton School, interviewed Professor Thomas Cotter and University of Pennsylvania Law School/Wharton School Professor Herbert Hovenkamp about last week’s FTC v. Qualcomm antitrust decision. A recording of the show is available online on SiriusXM’s On Demand feature for one week, channel 132, and also is available on Professor Cotter’s Comparative Patent Remedies blog.

  • Prof. Hill’s Project Voted on at the American Law Institute

    May 22, 2019

    Professor Claire Hill has been serving as an Associate Reporter on the American Law Institute project “Principles of the Law: Compliance, Risk Management, and Enforcement.” At the May 2019 Annual Meeting, several sections of the project received approval of the ALI membership.

  • Prof. Cotter Speaks on the FTC v. Qualcomm Antitrust Ruling for NPR’s Marketplace

    May 22, 2019

    Professor Tom Cotter was quoted by NPR’s Marketplace on the recent antitrust ruling in Federal Trade Commission v. Qualcomm. Cotter states that the ruling in favor of the FTC, if affirmed on appeal, will require Qualcomm to change its business model, possibly costing the company billions of dollars. (The Qualcomm story begins at the 3:30 mark).

  • Prof. Hill Co-Organized and Participated in Berle XI Conference in Seattle on Law and Corporate Culture

    May 16, 2019

    Professor Claire Hill co-organized, and spoke at, the eleventh annual conference on Law and Corporate Culture held at the Adolf A. Berle, Jr. Center on Corporations, Law & Society. The conference lasted two days, and included academics from law, economics, philosophy, and business, as well as practitioners and regulators. Professor Hill’s presentation, which was of joint work with Aiyesha Dey and Alfredo Contreras, concerned a research agenda for doing linguistic analysis comparing CEO language in companies that had experienced significant ethical lapses with CEO language in companies that had not.

  • Prof. Hickman's Work Among Most-Cited Tax Articles of All Time

    May 13, 2019

    Prof. Kristin Hickman’s article, “The Need for Mead: Rejecting Tax Exceptionalism in Judicial Deference,” 90 Minn. L. Rev. 1537 (2006), is the fourth most-cited tax article since 2000, and the 13th most-cited tax article of all time, according to the Yale Journal on Regulation’s Notice and Comment Blog.  Prof. Hickman’s article addresses the application of Chevron deference in tax cases.  In Mayo Foundation v. United States, 562 U.S. 44 (2011), the U.S. Supreme Court adopted her article’s premise and much of its reasoning when holding that courts should use the Chevron standard in evaluating tax regulations, rather than a different, tax-specific standard of review.

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