Faculty in the News

Faculty News

  • 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. 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’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. 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.

  • Prof. Ní Aoláin Quoted in The Atlantic About Legal Complexities of Governmental Pressure on Tech Companies to Moderate ‘Extremist’ Online Content

    May 8, 2019

    Professor Fionnuala Ní Aoláin, U.N. Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, was quoted in The Atlantic regarding the legal complexities arising from governmental pressure on tech companies to suppress violent and ‘extremist’ content from their online platforms. “The danger is that governments will often get the balance wrong,” said Ní Aoláin. “But we actually have the methods and means to challenge governments when they do so. But private entities? We don’t have the legal processes.”

  • Prof. Hickman Interviewed by Tax Notes About OIRA Experience

    May 7, 2019

    Professor Kristin Hickman was interviewed by Tax Notes for an article regarding her service as Special Adviser to Administrator Neomi Rao of the Office of Information and Regulatory Affairs (OIRA) in Washington, D.C. As Special Adviser, Professor Hickman helped OIRA and Administrator Rao to implement a memorandum of agreement that provided for the first time for OIRA review of tax rules and regulations issued by the Treasury Department and Internal Revenue Service. Recognizing the contributions of Professor Hickman’s scholarship and service in implementing the memorandum of agreement and shaping tax administrative practices, the article quoted a former Treasury official as saying that the combined efforts of Professor Hickman and Administrator Rao “will leave a legacy that will never entirely go away” notwithstanding their departures from the agency.

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