Faculty News 9 - College of Law

Trump v. Barbara is biggest case of term, Mazzone writes

Professor Jason Mazzone speaks during a panel

In terms of impact, the biggest case before the United States Supreme Court in its current term is Trump v. Barbara, Professor Jason Mazzone predicted in the News-Gazette. The case, which will consider the constitutionality of President Donald Trump’s executive order denying birthright citizenship to individuals born in the United States, is “plainly unconstitutional,” he states. “I expect that when the court rules in Trump v. Barbara, it will issue a strongly originalist decision that deploys constitutional text, structure and history to reject the president’s attempt to evade the plain words of the Fourteenth Amendment. That will be a fitting outcome in the year in which we celebrate the 250th anniversary of the Declaration of Independence,” he concludes.

Read the full article on the News-Gazette website.

Thomas authors article on UK and US juries

Writing in The George Washington Law Review, Professor Suja Thomas contrasts the ways in which employment cases are adjudicated in United Kingdom and the United States. Though the United States modeled its system on that of the United Kingdom, “the U.K. has more heavily circumscribed the right to a jury trial in both criminal and civil cases,” she writes. One main difference, Thomas concludes, is that the U.S. is more prone to dismissal of employment discrimination cases, whereas U.K. is wary of such outcomes.

Read the full text online.

Rowell files regulatory comment, prompting change in regulation of nuclear safety

Detail of rare book at Rare Book & Manuscript Library.

Working with an interdisciplinary team of nuclear engineers, Professor Arden Rowell coauthored a public comment submitted to the Nuclear Regulatory Commission in response to its proposed “Sunset Rule.” The rule had proposed “sunsetting” ten regulatory rules addressing nuclear safety.

The comment addressed foundational administrative law issues, including statutory authority, the agency’s current mission, and the requirements of reasoned decision-making under the Administrative Procedure Act. Following the close of the public comment period, the NRC partially withdrew the proposed rule.

The episode highlights the importance of expert participation in the administrative process. It also reflects the College of Law’s strong engagement with national policy questions at the intersection of law, technology, and public governance.

Illinois LawCast: Undergraduate Opportunities with Jennie Pahre and Meghan Brinson

Illinois LawCast cover art with portraits of Meghan Brinson and Jennifer Pahre

Learning the law isn’t solely the province of graduate students. The University of Illinois offers undergraduates the chance to enroll in the Legal Studies minor for those interested in pursuing a JD after graduating or those who would just like to broaden their understanding of the law within their field. The Legal Studies minor is a novel program because of its tracks, where students can choose to focus on law & politics, law & cultures, or law & economics of food security and sustainability. In this episode, Professors Jennie Pahre, director of undergraduate studies, and Meghan Brinson, associate director of undergraduate studies and academic advisor for undergraduate studies, share their expertise on the Legal Studies minor, why they enjoy working with undergrads, and ideas for the future of the program.

Professor Jennifer Pahre joined the College of Law in 2001. She oversaw the Legal Externship Program for 15 years before became the director of undergraduate studies. She earned her bachelor’s degree from Stanford University and JD degree from Loyola Law School of Los Angeles. Professor Pahre is admitted to the state bars of California, Michigan, and Illinois and has practiced law in all three states as well as several district courts. She served on the Insurance Coverage Litigation Committee of the American Bar Association and she has served as the president of the East Central Illinois Women Attorneys Association.

Professor Meghan Brinson earned her JD at University of North Carolina School of Law, and holds a Master of Arts in English Studies from Georgetown University and a Master of Fine Arts in Creative Writing from Arizona State University. She has experience teaching undergraduate composition, business writing, and creative writing, including as a Piper International Writing Fellow at the National University of Singapore and with Park University’s program on Marine Corp Air Station Cherry Point. Professor Brinson is a poet and nonfiction essayist with three published chapbooks and several journal publications.

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If you have comments or suggestions for the podcast, please contact podcast@law.illinois.edu.

Mercury News quotes Sherkow on California’s generic insulin

Researchers work on lab projects with a syringe and vial.

To help residents with the high cost of insulin, a necessary drug for patients with diabetes, the state of California decided to develop its own generic brand of the medicine. The project will begin distributing “CalRx” insulin to consumers in January, and the San Jose Mercury News spoke to Professor Jacob Sherkow about how this plan is affecting insulin more broadly. The plan, he explained, is putting “downward pressure” on prices across the market.

Read the full article.

Harlem World quotes Leipold on grand juries

An American flag flies over Memorial Stadium.

Grand juries have twice declined to re-indict New York Attorney General Letitia James for mortgage fraud, despite the Trump administration’s efforts. The decisions are a strong rebuke of the administration, and Harlem World quoted Professor Andrew Leipold in their article on the subject, noting “something has gone horribly wrong” in the case when a prosecutor fails to secure an indictment.

Read the full article from Harlem World.

Rowell co-authors editorial on nuclear regulation

Many recent changes in rules and regulations surrounding nuclear power reactors have been enacted with the goal of expanding the use of nuclear technology, but the shifts also run the risk of overwhelming the Nuclear Regulatory Commission and threatening the industry. In a new editorial published by Nuclear Newswire, Professor Arden Rowell and a team of nuclear engineers from the University of Illinois attempt to answer urgent questions in order “to prevent industry-wide paralysis and ensure that new nuclear power reactors are deployed both safely and efficiently.”

Read their full editorial on Nuclear Newswire.

Watson publishes new article in Boston University Law Review

What is really being debated when individuals debate legal interpretation? This is the central question in a new paper written by Professor Bill Watson published in the latest issue of the Boston University Law Review. The “meta-interpretive” question “is key to making progress,” according to Watson. “We should be wary of monolithic interpretive theories that purport to apply across the board,” he concludes.

Read his full article online.

Bivens Act a good start, but imperfect argue Mazzone and Amar

In October, the Illinois Legislature passed the Bivens Act, which provides new state-level protections for individuals interacting with Illinois courts, hospitals, schools, and child-care centers during civil immigration enforcement activities. Writing at Justia Verdict, Professors Jason Mazzone and Vikram Amar praise the law as “an important and innovative law in keeping with the proudest tradition of federalism”; however, they note that some aspects of the Act are unlikely to survive federal constitutional challenges. In their article, they explain why the law is good and why some parts are destined to be struck down.

Read their full article at Justia Verdict.

Brinson joins IICLE podcast to talk literature and law

In addition to her JD from the University of North Carolina, Meghan Brinson also holds an MFA in creative writing from Arizona State University, which made her an ideal guest for the Cornered podcast’s episode on literature and the law. Speaking on the show, produced by the Illinois Institute for Continuing Legal Education, Brinson discussed her background, her law and literature course, and how she combines her interests for the benefit of her students.

Listen to the full podcast online.