Faculty in the News

Faculty News

  • 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.”

  • Bloomberg Quotes Prof. Hickman on Nonprofit Donor Disclosure Case

    August 1, 2019

    Professor Kristin Hickman was quoted in a Bloomberg article, IRS Could Face More Court Battles After Nonprofit Donor Ruling, regarding 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 when, without public notice and comment procedures, the agency issued subregulatory guidance allowing politically active nonprofit organizations to avoid reporting the names and addresses.  The article quoted Professor Hickman as saying, ”The fact that the judge declared a revenue procedure to be a legislative rule is a big deal,” particularly because such cases to date have been “rare.”  

     

  • Prof. Vaaler Co-Authors Op-Ed on Why Some International Airlines Discriminate Against Israel and Taiwan by Erasing Them from Online Route Maps

    July 30, 2019

    Professor and John and Bruce Mooty Chair in Law & Business, Paul M. Vaaler, published an op-ed in the Star Tribune explaining why several international airlines, including major U.S. carriers, single out Israel or Taiwan for erasure from online route maps. Some airlines discriminate against one or both countries by erasing them from their own online route maps—American Airlines erases Taiwan from its online route maps. Other airlines accommodate erasure by others in their alliance—Delta Airlines accommodates erasure of Israel and Taiwan from the online route maps of its SkyTeam alliance partner, Saudia. Airlines erasing these countries or accommodating erasure by alliance partners seem to be catering to the discriminatory preferences of customers and countries in the region, even though this business strategy contradicts U.S. foreign policy and may be objectionable to many U.S. customers, shareholders, and lawmakers.

    More detail about Professor Vaaler’s research on “discriminatory product differentiation” in the international airline industry is available in his new article co-authored with Professor Joel Waldfogel, Frederick R. Kappel Chair in Applied Economics at the Carlson School of Management: “Discriminatory Product Differentiation: The Case of Israel’s Omission from Airline Route Maps.” Strategy Science, 4(2): 70-93 (July 2019).

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