• Vogel Guest Contributes to Just Security

    by  • September 18, 2014 • 0 Comments

    The law blog Just Security, an online forum for analysis of U.S. national security law and policy, has recently added Visiting Assistant Professor Ryan Vogel as a guest contributor. Prof. Vogel’s author profile and posts can be found here: http://justsecurity.org/author/vogelryan.

    In his first post, Prof. Vogel responds to comments and questions raised about a new Department of Defense detainee directive for which he led the drafting process. Read an excerpt below:

    Over the past couple weeks, Steve Vladeck, Gabor Rona, and Marty Lederman have posted comments and raised some questions about the new Department of Defense (DoD) detainee directive (DoDD 2310.01E).  Before leaving government service this past summer, I led the drafting and coordination process for DoDD 2310.01E and welcome the opportunity to address questions regarding this important document.  Before responding to some of the specific comments and questions, perhaps some background on DoD directives may be appropriate.

    DoD directives are intended for a practical audience and for general application.  They are not written for specific conflicts or to resolve academic issues.  And they are policy documents as opposed to statements on the law.  This should not in any way diminish their importance, however.  Because organizations across DoD have real-world equities in the subject matter, there is a significant amount of negotiation and compromise associated with their creation.

    Less substantive, but equally relevant for purposes of this discussion, DoD directives come with expiration dates to ensure they remain relevant (the 2006 version of the detainee directive was due to be updated in 2011).  DoDD 2310.01E could have been simply reissued with minimal changes, as the 2006 version was consistent with the law and U.S. policy.  Instead, under the leadership of William K. Lietzau, then the Deputy Assistant Secretary of Defense for Rule of Law and Detainee Policy, DoD took additional time to ensure significant policy developments made in detention over the past eight years were captured by the new document.  This required extensive discussion and coordination within the Department, to include the Military Services, the Office of the Secretary of Defense, the Joint Staff, and the DoD Office of the General Counsel, as well as various other law of war experts both within and outside the government.

    As a result, this new detainee directive is dramatically different from its predecessor, mandating, as a policy matter, those practices and lessons learned over the prior decade.  Some of the more notable changes include: expanded humane treatment provisions and added emphasis by moving them into the main body from the attachments section; clarification regarding the general process for handling detainees from point of capture or assumption of custody until final transfer, repatriation, or release; expansion of the policies related to the transfer, repatriation, and release of detainees, including applicable humane treatment and security assurances; references to Article 75 of Additional Protocol I and Articles 4-6 of Additional Protocol II to the Geneva Conventions of 1949 as applicable detention principles (even though the United States is party to neither Protocol); and, most significantly, a new policy requirement to conduct detainee review processes, used to ascertain the status and continued necessity of detention for individuals detained by DoD under the law of armed conflict.

    The goal for DoDD 2310.01E is to provide its intended audience with principled, credible, and sustainable detention policies that address the most significant facets of detention operations, yet allow room for appropriate flexibility in implementation.

    Click here to read the rest of this post at Just Security, where Prof. Vogel responds to specific questions.

    Heyman Delivers Constitution Day Lecture

    by  • September 17, 2014 • 0 Comments

    Heyman Constitution Day

    Earlier today, professor and leading First Amendment scholar Steven Heyman delivered Chicago-Kent’s Constitution Day lecture on “Conservative Libertarianism and the Transformation of First Amendment Jurisprudence.” Professor Christopher Schmidt, director of Chicago-Kent’s Institute on the Supreme Court of the United States, offered a brief response. The event was presented by the Chicago-Kent student chapter of the American Constitution Society.

    A more in-depth version of Prof. Heyman’s lecture will be published in a forthcoming West Virginia Law Review article titled “The Conservative-Libertarian Turn in First Amendment Jurisprudence.” See an abstract of the article below, and download from SSRN here.

    Conservative constitutional jurisprudence in the United States has an important libertarian dimension. In recent years, a conservative majority of the Supreme Court has strengthened the constitutional protections for property rights, recognized an individual right to own firearms, imposed limits on the welfare state and the powers of the federal government, cut back on affirmative action, and held that closely held corporations have a right to religious liberty that permits them to deny contraceptive coverage to their female employees. This libertarian streak can also be seen in decisions on freedom of speech and association. In several leading cases, conservative judges have used the First Amendment in a libertarian manner to invalidate regulations that reflected liberal or progressive values. For example, these judges have rejected efforts to limit the role of money in election campaigns, struck down restrictions on hate speech and pornography, expanded protection for religious speech within public schools and universities, and held that the right to free association takes precedence over state civil rights laws that bar discrimination based on sexual orientation. 

    This article, which was presented as the third annual C. Edwin Baker Lecture for Liberty, Equality, and Democracy at the West Virginia University College of Law, explores this trend in First Amendment jurisprudence. After providing an overview of the conservative-libertarian approach to the Constitution, the article describes how this approach has been applied in cases on free speech and association. The article then criticizes this First Amendment approach on several grounds. First, it draws too close a connection between free speech and property rights. In this way, it represents a partial revival of Lochner¬-era jurisprudence – a development that Baker strongly criticized throughout his career. Second, the conservative-libertarian view affords too much protection to speech that injures, abuses, or degrades other people. Third, the judges who hold this view tend to be social conservatives as well as libertarians, and deep problems arise in situations where these two aspects of conservative thought conflict with one another. Fourth, the conservative-libertarian approach fails to satisfy its own demand for ideological neutrality. And finally, by granting the government broad authority to restrict speech within public institutions, that approach tends to deny protection to those individuals who are most vulnerable to state control, including prisoners, public employees, and those who serve in the military.

    The root problem is that the conservative-libertarian approach is based on an excessively narrow and one-sided conception of the self – a view that stresses the ways in which we are separate and independent individuals, but that fails to fully recognize that we are also social beings who find an important part of our identity and value in social relationships and participation in community. We need to develop an approach to the First Amendment that is based on a broader and richer conception of the self, the society, and the nature of constitutional liberty. The article concludes by outlining such an approach, which it calls a liberal humanist theory of the First Amendment. On this view, the law should be allowed to impose reasonable restrictions on hate speech and pornography, as well as on the ability of wealthy individuals and corporations to influence elections. Freedom of association should not necessarily permit groups to exclude individuals on invidious grounds such as sexual orientation. The Justices have been right, however, to hold that public educational institutions generally must accord equal treatment to religious speakers.

    Live Blog of SCIPR 2014

    by  • September 12, 2014 • 0 Comments

    Highlights from today’s Supreme Court IP Review will be coming soon. In the meantime, visit law professor and conference participant Rebecca Tushnet’s blog for a detailed review of today’s sessions. Find individual session posts below:

    Session 1: Octane Fitness v. Icon Health & Fitness Inc. and Highmark Inc. v. Allcare Health Management System

    Session 2: Limelight Networks v. Akamai Technologies and Medtronic v. Mirowski Family Ventures, LLC

    Session 3: Petrella v. MGM

    Session 4: ABC, Inc., v. Aereo, Inc.

    Keynote Lecture by David Kappos: “Stalemate or Statesmen? What Is Needed to Move Forward Constructively with the Balancing of America’s IP System”

    Session 5: Alice Corp. v. CLS Bank and Nautilus v. Biosig Instruments

    Session 6: Lexmark Int’l v. Static Control Components and POM Wonderful v. Coca-Cola

    Concluding sessions: Supreme Court Analytics on the Past Term and Preview of Upcoming Term

    SCIPR 2014 Video Preview

    by  • September 12, 2014 • 0 Comments

    Today IIT Chicago-Kent hosts the Supreme Court IP Review (SCIPR), a conference designed to provide intellectual property practitioners, jurists, legal academics and law students with a review of IP cases from the U.S. Supreme Court’s previous Term, a preview of cases on the docket for the upcoming Term, and a discussion of cert. petitions to watch. Click here to watch a video of Professors Ed Lee and David Schwartz recapping the oral arguments in 10 IP cases from the October 2013 Term, which will be highlighted at the conference.

    Staudt Teaches Practice and Professionalism Course

    by  • September 10, 2014 • 0 Comments

    By Alexander Rabanal, Access to Justice Fellow at Chicago-Kent’s Center for Access to Justice & Technology


    Take a look around; the practice of law is changing. This change has been driven by emerging technological innovations and the demand for cost-maximizing legal solutions. E-discovery, electronic communications, and document assembly and recognition software are changing the way large law firms are doing business and how much those firms are charging for services. Clients are increasingly unwilling to pay for the services of inexperienced attorneys or for work that could be done by a computer or paralegal. Additionally, the demand for routine legal documents has led to commodification and has opened the door for non-lawyers to perform services that lawyers traditionally perform.

    What ethical challenges emerge out of this new space? How can lawyers traverse this changing landscape that may soon represent the new orthodoxy of legal practice? This fall, Professor Ronald W. Staudt is offering a new course, Practice & Professionalism, that grounds students in the rules of legal professionalism, focusing on how lawyers can meet their ethical obligations when using emerging technology and interacting with clients who are demanding more for less.

    Not only will students learn those rules, but they will do so in a setting that simulates the collaborative work environment the students will experience as lawyers. This structure also facilitates the students’ ability to gain valuable experience by working on real-life projects. On the first day of class, students were placed into “law firm” teams, in which they will produce and present a business plan for a new legal practice. The students will again work in teams later in the semester as they prepare and present a grant proposal to obtain funding for a legal aid organization.


    From left: guest segment leader Nancy Roberts Linder, Adjunct Professor Will Hornsby, and Professor Staudt.

    Students will also benefit from the esteemed group of national and regional experts whom Professor Staudt has assembled for both course development and classroom instruction. These experts enrich the course through their diverse experience, spanning large law firms to legal aid organizations. Adjunct Professor Will Hornsby, Staff Counsel for the ABA Division of Legal Services, will co-teach the class and is an expert on legal professionalism. Segment leaders include Nancy Roberts Linder from Chapman Cutler, Andrew Baker from Seyfarth Shaw, and Dave Bonebrake of the Legal Services Corporation. Valuable contributions have also been made by IIT Chicago-Kent faculty and staff, including Professors Kathy Baker and Sarah Harding; Maureen Aidasani, Director of Expriential Learning; and Dean Susan Lewers.

    The course fulfills IIT Chicago-Kent students’ general graduation requirement of taking a course in professional responsibility. It is also a required class for the Praxis Certificate.

    2014 Constitution Day Events at Chicago-Kent

    by  • September 9, 2014 • 0 Comments

    Chicago-Kent will hold two events next week in celebration of Constitution Day (Wednesday, September 17), the date delegates to the Constitutional Convention met in Philadelphia in 1787 to sign the completed United States Constitution. Read the full press release here, and see event details below:

    “The Press, the Supreme Court, and the Constitution”: Constitution Day Commemoration

    Monday, September 15, 4:00 PM

    “The Press, the Supreme Court, and the Constitution” is the subject of a panel discussion to commemorate Constitution Day. Panelists include Professor Sonja West of the University of Georgia School of Law, Professor RonNell Andersen Jones of Brigham Young University Law School, and Dahlia Lithwick of Slate. Chicago-Kent professor and Illinois Solicitor General Carolyn Shapiro will moderate.

    The event is free and open to the public, but reservations are requested. The 2014 Constitution Day program is co-sponsored by the Jack Miller Center (JMC) and IIT Chicago-Kent’s Institute on the Supreme Court of the United States (ISCOTUS).

    Location: IIT Downtown Campus – Chicago-Kent College of Law, Judge Abraham Lincoln Marovitz Courtroom

    Contact: Professor Christopher Schmidt

    *Photo clockwise from top left: Professor RonNell Andersen Jones of Brigham Young University Law School, Dahlia Lithwick of Slate magazine, and Professor Sonja West of the University of Georgia School of Law will speak at IIT Chicago-Kent’s 2014 Constitution Day celebration. IIT Chicago-Kent Professor Carolyn Shapiro (bottom left), who is on leave to serve as Illinois solicitor general, will moderate the discussion.

    Constitution Day Lecture: “Conservative Libertarianism and the Transformation of First Amendment Jurisprudence”

    Wednesday, September 17, 3:00 PM

    IIT Chicago­Kent professor and leading First Amendment scholar Steven J. Heyman will explore the impact of conservative libertarian ideology on the First Amendment. Professor Heyman’s lecture will be followed by a brief response by Professor Christopher Schmidt, director of IIT Chicago-Kent’s Institute on the Supreme Court of the United States, and an open audience discussion. Food and refreshments will be provided.

    The event is free and open to the public (RSVP here) and is presented by the Chicago Lawyer Chapter and the Chicago-Kent College of Law Student Chapter of the American Constitution Society.

    Location: IIT Downtown Campus – Chicago-Kent College of Law, Room 520

    Contact: Peter Cheun, American Constitution Society

    Weekly Faculty in the News, 9/4/14

    by  • September 4, 2014 • 0 Comments

    A roundup of faculty appearances in news sources and media from the last week, 8/27/14 to 9/4/14.

    8/27Mary Rose Strubbe, 1981 alumna, professor of Legal Research and Writing, and assistant director of the Institute for Law and Workplace at Chicago-Kent, was elected a Fellow of the College of Labor and Employment Lawyers.

    8/27Maureen Aidasani joined the Chicago-Kent faculty earlier this summer as director of experiential learning. Read the full press release here.

    8/29 – The Chicago Daily Law Bulletin published an extensive profile of Chicago-Kent, highlighting its superb research and writing program, its emphasis on practical skills and experiential learning (found, for example, in the Praxis Program and clinics), and its prestigious intellectual property program (“Doing the write thing at IIT Chicago-Kent”).


    8/27 – At his blog, Nahmod Law, Sheldon Nahmod added another post to his series on how the DeShaney v. Winnebago County Supreme Court decision has fared in circuit courts.

    9/1Richard Wright’s article Moore on Causation and Responsibility: Metaphysics or Intuition? was highlighted on Lawrence Solum’s Legal Theory Blog.

    For more information, contact Gwendolyn Osborne, Director of Public Affairs, (312) 906-5251.

    Strubbe Named as a Fellow of the College of Labor and Employment Lawyers

    by  • September 2, 2014 • 0 Comments

    [Reposted from IIT Chicago-Kent News]

    Mary Rose Strubbe ’81, professor of Legal Research and Writing and assistant director of the Institute for Law and the Workplace at IIT Chicago-Kent College of Law, has been elected a Fellow of the College of Labor and Employment Lawyers. Professor Strubbe will be inducted in ceremonies held by the College in November.

    Each year, the College of Labor and Employment Lawyers honors leading lawyers in the practice of labor and employment law. Induction as a Fellow is the highest recognition by one’s colleagues of “sustained outstanding performance in the profession, exemplifying dedication and excellence.” Professor Strubbe graduated with honors from IIT Chicago-Kent in 1981, and spent most of the next dozen years in private practice, with a focus on plaintiff’s-side employment law matters. She joined the IIT Chicago-Kent faculty in 1994.

    From 2001 to 2014, Professor Strubbe served as director of the law school’s five-semester Legal Research and Writing Program. Since 2003, she has also been involved in the development of IIT Chicago-Kent’s International LL.M. programs, and has taught in those programs both at home and abroad.

    Professor Stubbe currently teaches introductory courses on the United States’ legal system, legal research and writing courses, and employment law courses. She has presented regularly at national and regional conferences on skills teaching.

    Professor Strubbe writes and presents on both employment law and on legal research and writing issues. She was the principal author and editor-in-chief of BNA’s 1999 Cumulative Supplement to Sexual Harassment in Employment Law. She was an author of several iterations of the “Sexual and Other Forms of Harassment” chapter in the ABA’s periodic updates of Employment Discrimination Law, and drafted portions of numerous chapters of Lindemann & Kadue’s Workplace Harassment Law (BNA 2012).

    For more information, contact Gwendolyn Osborne, Director of Public Affairs, (312) 906-5251.

    August 2014 Issue of Faculty News

    by  • August 29, 2014 • 0 Comments

    The new school year is already underway, and as the fall semester kicks off, our faculty return with stories of their accomplishments and activities from the summer months. Read about them in the August 2014 issue of Faculty News, which recounts this summer’s presentation and travel highlights, published scholarship, and in-progress research projects. This season saw the publication of at least 15 articles and 2 treatise and book updates. Click here for more.

    Maureen Aidasani Joins Faculty as Director of Experiential Learning

    by  • August 28, 2014 • 0 Comments

    [Reposted from IIT Chicago-Kent News]

    Maureen R. Aidasani has been named director of experiential learning at IIT Chicago-Kent College of Law. Professor Aidasani, who joined the law school faculty on July 1, will coordinate the upper-year legal writing curriculum and the Praxis Program. In her new position, Professor Aidasani will also work closely with Professor Elizabeth De Armond, who oversees the law school’s Legal Research and Writing Program. In addition, she will coordinate with IIT Chicago-Kent’s skills initiatives such as its clinical and advocacy programs.

    Aidasani_Maureen_225pxProfessor Aidasani graduated cum laude from Georgetown University Law Center. Prior to law school, she graduated Phi Beta Kappa and summa cum laude from Syracuse University with a bachelor’s degree in policy studies. She also earned a Master of Public Administration degree from Syracuse’s Maxwell School of Citizenship and Public Affairs.During law school, Professor Aidasani served as a law fellow in the first-year legal writing program and a senior writing fellow in the law school’s writing center. She has had additional education experience as a high school classroom teacher and in the nonprofit sector.

    Prior to joining the IIT Chicago-Kent faculty, Professor Aidasani served as a senior counsel in the Chicago office of the national public accounting firm Grant Thornton LLP. She has also worked as a litigation associate at Winston & Strawn LLP. Between 2011 and 2014, Professor Aidasani also served as an adjunct professor of legal writing at Loyola University Chicago School of Law.

    IIT Chicago-Kent’s new Praxis Program is designed for students who are interested in fully embracing a practice- or experience-based course of study. In addition to completing a required number of credits in experiential or skills-based course work, students in the program will learn to think and talk about their education in new ways, explore issues of law practice management, and learn how to build and market their own portfolios. With the Praxis Program, the law school responds to calls from the legal community for new graduates who are thoroughly trained in both the skills and the art of legal practice.

    IIT Chicago-Kent was the first law school in the United States with a three-year legal writing requirement. Its curriculum has served as a model for numerous other institutions. The law school’s emphasis on legal research and writing reflects its commitment to training its graduates to be leaders in the profession by giving them the skills they will need to analyze and solve complex problems.

    For more information, contact Gwendolyn Osborne, Director of Public Affairs, (312) 906-5251.

    Watch Students and Faculty Discuss the Institute for Compliance

    by  • August 27, 2014 • 0 Comments

    [Via IIT Chicago-Kent YouTube channel]

    Compliance is so much more than numbers. Learn how to keep the markets clean, track insider trading, and much more with the Institute for Compliance in Financial Markets at IIT Chicago-Kent College of Law.

    Students, alumni, and professors discuss what our Institute for Compliance offers and the opportunities offered by a career in compliance.

    The Institute for Compliance in Financial Markets promotes careers in financial compliance, trains and prepares students for such careers, increases knowledge of the importance of compliance, and provides various events for the Chicago-based compliance and legal community. It is the first institute of its kind located in a law school.

    Learn more about the Institute for Compliance, which is directed by Professor Felice Batlan, here: http://bit.ly/13DCpWG

    BookIT IP Series Begins with a Look at IP Law in Africa

    by  • August 25, 2014 • 0 Comments

    [Reposted from IIT Chicago-Kent News]

    IIT Chicago-Kent College of Law’s Program in Intellectual Property Law will launch its 2014–15 BookIT intellectual property book talk series on September 8 with a discussion of two groundbreaking books on innovation and intellectual property in Africa. Programs in the series, which are free and open to the public, will be held at the law school, 565 West Adams Street (between Clinton and Jefferson streets) in Chicago.

    Book covers for "Innovation & Intellectual Property: Collaborative Dynamics in Africa" and "Knowledge & Innovation in Africa: Scenarios for the Future"University of Ottawa Professor Jeremy de Beer will discuss Innovation & Intellectual Property: Collaborative Dynamics in Africa and Knowledge & Innovation in Africa: Scenarios for the Future, both published in 2013 by the Open African Innovation Research and Training Project (Open A.I.R.). Professor de Beer’s talk will begin at noon in room 370.

    “Our BookIT talks are designed to present new and thought-provoking work by authors and researchers in the area of intellectual property, law and technology, or the Internet,” said IIT Chicago-Kent Professor Edward Lee, director of the Program in Intellectual Property Law. “We are pleased to have Professor de Beer as the inaugural speaker for our series.”

    Other programs in the book talk series include:

    • October 2, 2014, at noon in room 370: University of Pittsburgh School of Law Professor Michael J. Madison on Governing Knowledge Commons (Brett M. Frischmann, Michael J. Madison & Katherine J. Strandburg eds.) (forthcoming, Oxford University Press, 2014)
    • November 10, 2014, at noon in room 370: Suffolk University Law School Professor Jessica Silbey on The Eureka Myth: Creators, Innovators and Everyday Intellectual Property (forthcoming, Stanford University Press, 2014)
    • February 23, 2015: Washington University at St. Louis Professor Neil Richards on Intellectual Privacy: Rethinking Civil Liberties in the Digital Age (forthcoming, Oxford University Press, 2014)
    • April 27, 2015: Professor Irene Calboli of Marquette University Law School and the National University of Singapore on Identities, Interests, and Intersections (Irene Calboli & Srividhya Ragavan eds.) (forthcoming, Cambridge University Press, 2015)

    In the most recent U.S. News & World Report law school rankings (March 2014), Chicago-Kent’s Program in Intellectual Property Law was ranked 10th in the country-the highest-ranked intellectual property program in the Midwest.

    For more information, contact Gwendolyn Osborne, Director of Public Affairs, (312) 906-5251.