Faculty in the News

Faculty News

  • 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.

  • Law360 Quotes Professor Cotter on Antitrust Quarrel Between FTC, DOJ

    May 13, 2019

    A May 10 Law360 article titled “In Qualcomm Dispute, A Broader Row Between FTC, DOJ” quotes Professor Thomas Cotter on an apparent disagreement between the nation’s two federal antitrust enforcement agencies, the Federal Trade Commission and the Antitrust Division of the Department of Justice, on the possible need for an additional hearing on remedies in the ongoing FTC v. Qualcomm antitrust dispute, and more generally on the role of antitrust law in regulating conduct relating to standard essential patents.  Cotter states, among other things, that “the agencies’ relationship is in ‘uncharted territory,’” and that “It could be very difficult in some cases to counsel a client on what to expect.”

  • Prof. Hickman's Departure from OIRA Noted by Bloomberg Tax

    May 11, 2019

    Bloomberg Tax recently noted in its Daily Tax Report that Prof. Kristin Hickman has wrapped up her service with the Office of Information and Regulatory Affairs (OIRA), which is part of the Office of Management and Budget (OMB).  The article noted that Prof. Hickman was the first tax expert brought in by OIRA to help implement a new memorandum of agreement giving OMB authority to oversee Treasury and IRS tax regulatory actions.

  • Prof. McClanahan Lee Featured on Ipse Dixit Podcast To Talk About Color Trademark Article

    May 9, 2019

    Ipse Dixit, a legal scholarship podcast, recently featured Professor McClanahan Lee and his co-author, Deborah Gerhardt from the UNC School of Law, to discuss their forthcoming article, “Owning Colors,” which will be published in the Cardozo Law Review. The article explores how different disciplines contend with understanding color as a signifier and addresses the extent to which colors may be capable of serving as commercially distinctive trademarks. Through two original empirical studies, McClanahan Lee and Gerhardt demonstrate that although consumers use color in ways that may merit trademark protection, the U.S. Patent and Trademark Office has applied a variety of doctrines to greatly limit the number of color marks that are successfully registered.

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