October 16, 2020
Professor Heidi Kitrosser has published an article in The Atlantic discussing the First Amendment problems posed by the Trump family’s reliance on non-disclosure agreements to silence White House staffers. She focuses in particular on a new lawsuit brought by the Justice Department to enforce an agreement signed by a former unpaid assistant to the First Lady. The Trumps, Kitrosser explains, “simply cannot have it both ways. They cannot serve as America’ss first family, with all the fame, power, and resources that entails, and still control their image with the domineering tactics that they employed as private citizens.”
October 14, 2020
Professor Heidi Kitrosser is quoted in a New York Times article about a new lawsuit brought by the Department of Justice against ex-Melania Trump aide Stephanie Wolcott. The Department alleges that Wolcott violated an agreement not to publish anything about her time in the White House without first receiving written approval. As the Times reported, courts have never upheld “pre-publication review” agreements with government employees outside of the national security context. More so, as Kitrosser explains in the article, some of the Justice Department’s arguments—such as their argument that the First Lady requires absolute secrecy to ensure candor from her advisors—echo points “traditionally made about keeping secrets between the presidents and his advisers, not first ladies. … Even in the presidential context, courts have found that the president does not have an unlimited right to keep secrets.”
October 12, 2020
Professor Kristin Hickman was quoted in a MarketWatch article about the ramifications for regulatory litigation of Judge Amy Coney Barrett’s appointment to the United States Supreme Court. As an expert on the Chevron doctrine, which counsels judicial deference to government agency interpretations of statutes, Prof. Hickman was quoted as recognizing that “gridlock in Congress has exacerbated the Chevron doctrine’s significance” and also that at least four Justices of the Supreme Court had signaled a willingness to reconsider judicial deference to agencies.
October 9, 2020
Professor Kristin Hickman was interviewed in Bloomberg’s weekly Talking Tax podcast about tax cases pending before the U.S. Supreme Court in its new term. The discussion focused principally on CIC Services, LLC v. Internal Revenue Service, concerning whether the Anti-Injunction Act precludes pre-enforcement judicial review of challenges against IRS rules and regulations under the Administrative Procedure Act. Also discussed was the petition for certiorari filed in A.F. Moore & Assoc. v. Pappas, in which Judge Amy Coney Barrett wrote the opinion for the Seventh Circuit Court of Appeals holding that the Tax Injunction Act did not preclude federal district court review of equal protection and due process challenges against the methodology used in assessing state real property taxes.
October 8, 2020
A Bloomberg Law article titled “Patent Litigators Add to Playbook With Anti-Suit Injunction” discusses recent decisions around the world, involving litigation over FRAND-committed standard-essential patents, in which courts have enjoined parties from pursuing parallel litigation in another country (antisuit injunctions)—and in some cases, from pursuing antisuit injunctions in another country (anti-antisuit injunctions). The article quotes Professor Tom Cotter as stating, among other things, that “the situation could reinvigorate a push for an international forum to settle global licensing disputes over standardized technologies.”
Prof. Carbone Co-Authors Piece in The Conversation Underscoring Disproportionate Financial Burden Faced by Women During Economic RecessionsOctober 2, 2020
Professor June Carbone co-authored an article in The Conversation breaking down her research—conducted with Nancy Levit, associate dean and professor of law at the University of Missouri-Kansas City, and Naomi Cahn, professor of law at the University of Virginia—that finds that state budget shortfalls typically place a disproportionate financial burden on women.
October 1, 2020
Professor Christopher M. Turoski ’98 and 3M’s Chief IP Counsel Yen T. Florczak ’98 delivered the keynote address, “Innovation in Challenging Times: 3M’s Chief IP Counsel’s Perspective on 2020 and Beyond” at the 2020 Midwest IP Institute. Prof. Turoski interviewed Yen Florczak about the company’s response to the COVID-19 pandemic, innovation in challenging times, future opportunities for Minnesota companies, and more.
September 25, 2020
Professor Alan Rozenshtein was interviewed by RadioWest, from NPR Utah, about the death of Justice Ruth Bader Ginsburg and its implications for the Supreme Court.
September 22, 2020
Professor Alan Rozenshtein wrote in The Atlantic about the death of Justice Ruth Bader Ginsburg and its implications for the Supreme Court: “The outpouring of grief that has followed her death is not just for the passing of a revered figure in American law but also for the end of an important force in American society: the liberal faith in the Supreme Court.”
September 21, 2020
Professor Fionnuala Ní Aoláin’s work in international law and security post-9/11, as well as a recent report she directed to Switzerland on a new national counter-terrorism law, is featured in Republik Magazin, a popular German magazine focused on issues of politics, economy, and society. In the interview, Ní Aoláin touches on the United Nations’ actions in the aftermath of 9/11 in efforts to combat terrorism, the four central pillars to this counterterrorism strategy, and much more.