News 38 - College of Law

Brubaker submits amicus brief in Purdue Pharma case

The sun rises over the Illini Union. The Illini Union, which was dedicated in 1941, serves students and the campus in many ways, including housing the Illini Union Hotel, a credit union, a convenience store, information services, CITES (Campus IT) instructional facility, quick-service restaurants, a bowling alley and arcade, student performance spaces, and office space for Registered Student Organizations, student government, Student Legal Services, Student Tenant Union, LGBT Resource Center, and Union administration.

In the case of Harrington v. Purdue Pharma, pending before the U.S. Supreme Court, Professor Ralph Brubaker has submitted an amicus brief arguing “Courts have no power to approve” the bankruptcy plan submitted by Purdue Pharma. Joined in writing the brief by fellow bankruptcy experts Professor Bruce Markell of Northwestern and Professor Jonathan Seymour of Duke, Brubaker and his co-amici assert that approval of the Chapter 11 bankruptcy plan from Purdue Pharma is not permissible under established law and would represent a violation of claimants’ due-process rights. The brief suggests that the Court should repudiate the discharge plan in order to “put an end to the abusive ‘bankruptcy grifting’ that this case vividly illustrates.”

Read the full amicus brief here.

Mazzone co-organizes international conference on the topic of landmark judgments in constitutional cases

On September 14-15, 2023, the Program in Constitutional Theory, History and Law was the co-sponsor of an international conference in Bologna, Italy, on the topic of landmark judgments in constitutional cases. The conference, organized by program director Jason Mazzone in collaboration with Professors Francesco Biagi (University of Bologna) and Justin Frosini (Bocconi University), brought together scholars from around the world to examine the designation, significance, and trajectory of landmark cases in different nations. Mirosław Granat, former Justice of the Constitutional Court of Poland, gave the conference keynote address. Papers from the conference will be published next year as a book. The conference was the fifth meeting of the Illinois-Bologna series in Constitutional History: Comparative Perspectives.

Robbennolt and Winship author perception of settlement article for APA

Fall view of Illini Union from north of Green Street.

Though the record-breaking settlement Dominion received in its settlement with Fox News is frequently characterized as a “win” by commentators, the statement from Fox with the settlement was not apologetic, did not acknowledge any responsibility, and was not a retraction. In a new article written for the American Psychological Association, Professors Jennifer Robbennolt and Verity Winship, along with Jessica Bregant ’09 (now a professor at the University of Houston Law Center), dig into the psychological reasons people tend to infer that a settling defendant was responsible. Based on their research on settlements, the article provides a fascinating look at how perceptions can affect how lawsuits are settled.

Read the full article online.

Brubaker writes about Purdue Pharma’s appeal for Creditor Rights Coalition

Professor Brubaker speaks during a live podcast recording at the College of Law

As part of Creditor Rights Coalition’s “The Academics Speak Up” series, Professor Ralph Brubaker shared his thoughts on Purdue Pharma’s appeal to the U.S. Supreme Court in its bankruptcy proceedings. Brubaker made clear his feelings about the mechanisms by which Purdue was trying to discharge its debts in a direct and unsparing critique. “I am grateful for the tenacity of the U.S. Trustee and DOJ in calling out the utter impropriety of nondebtor-discharge practice, which has tainted the bankruptcy system and incited public outrage,” he wrote.

Read his full editorial online.

USA Today quotes Brubaker on Rite Aid bankruptcy

In an attempt to restructure its more than $3 billion in debt and confront lawsuits alleging the company filled opioid prescriptions unlawfully, Rite Aid is reportedly preparing to file bankruptcy. In an article examining the company’s motivations for doing so and the potential ramifications of their bankruptcy, USA Today quoted Professor Ralph Brubaker, an expert in bankruptcy law. In his comments, Brubaker explained that customers would see almost no change should the retail chain declare Chapter 11 bankruptcy, but cited the example of Johnson & Johnson as how Rite Aid might not succeed in their efforts to limit liability.

Read the full article from USA Today.

International Criminal Court Committee of the American Branch of the International Law Association releases recommendations for resetting the U.S./ICC relationship

Patrick Keenan speaks at the College of Law

In his capacity as co-chair of the International Criminal Court Committee of the American Branch of the International Law Association, Patrick Keenan has co-authored a new report that outlines recommendations for resetting the U.S./ICC relationship. The authors write that the recent announcement of U.S. cooperation in the ICC’s investigation in Ukraine provides an opportunity for the U.S. to reaffirm its commitment to the rule of law and accountability.

Read the full report.

Kaplan discusses Medicare’s announcement of impending prescription drug price negotiations on Chicago radio show

Professor Richard Kaplan was a guest on the September 1 episode of Joan Esposito’s radio show on WCPT Chicago. He discussed Medicare’s announcement of impending price negotiations for ten widely used prescription drugs pursuant to a provision in the Inflation Reduction Act of 2022.

Thomas co-authors amicus brief filed with the U.S. Supreme Court in Muldrow v. City of St. Louis

Last week Illinois Law Professor Suja Thomas and Illinois Law alumna (Class of 1998) and Ohio State Visiting Law Professor Amy Wildermuth co-authored an amicus brief filed with the U.S. Supreme Court in the Muldrow v. City of St. Louis case. They had the research assistance of Illinois third year law student Hannah Sosenko. The case concerns whether an employer can legally act against an employee—such as transferring them—because of the employee’s protected trait—such as their sex or race. The courts have said an employer can discriminate against an employee except where the employer’s action would cause a significant disadvantage to the employee. Professors Thomas and Wildermuth have argued the plain language of the law—Title VII—prevents an employer from acting against an employee because of a protected trait, and the law’s text does not require the employer‘s action cause a significant disadvantage to the employee to be illegal.

Read the full amicus brief online.

Aronson talks Illinois immigration laws with Illinois News Bureau

A new law in Illinois has attracted broad attention because it seems to expand eligibility for jobs in law enforcement to non-U.S. citizens, such as Deferred Action for Childhood Arrivals program participants. Professor Lauren Aronson, director of the Immigration Law Clinic, gave an interview to the Illinois News Bureau to help clarify aspects of the law and separate truth from fiction. “Even though this new Illinois law says that DACA recipients can become police officers, they can’t because the law also specifies that they must be able to legally possess a firearm,” she explained.

Read the full interview online.

Sherkow quoted in New Yorker article on scientists quest to sequence every genome on earth

The Earth BioGenome Project has an ambitious plan to sequence a genome from every plant, animal, and fungus on the planet, as well as from many single-celled organisms, such as algae. As detailed in the New Yorker, the project faces a formidable foe in their quest to save the valuable genetic information encoded in each genome: ongoing mass extinction. A less ominous but still serious threat to the project is the question of ownership over DNA sequences, which Professor Jacob Sherkow spoke about in the article. “What’s best for science? What’s best for the world? What’s best for the particular country that we’re taking samples from?”: Sherkow listed these as examples the project must answer and find balance within.

Read the full article on the New Yorker website.