• Archive for November, 2009

    Risk, Science and Law in International Governance

    by  • November 23, 2009 • Faculty Workshops/ Conferences • 0 Comments

    The International Economic Law Interest Group (IEcLIG) of the American Society of International Law (ASIL) will be hosting its second Research Forum here at Chicago-Kent College of Law on December 5, 2009. The Research Forum will be discussing the emerging complexities and interconnectedness of risk, science and law as they relate to international governance. Speakers included Gregory Shaffer (University of Minnesota Law School), Dan Tarlock (Chicago-Kent College of Law), Claire Kelly (Brooklyn Law School), Jason Yackee (University of Wisconsin Law School), Warren Maruyama, (Hogan & Hartson, the former General Counsel for the USTR), Jeffrey Atik (Loyola Law School (LA)), Sungjoon Cho (Chicago-Kent College of Law), Alberto Alemanno (Ecole des Hautes Etudes Commerciales, Paris), Markus Wagner (University of Miami School of Law), Tracey Epps (University of Otago, New Zealand), Adma Muchmore (University of Chicago Law School), Jennifer Shkabatur (Harvard Law School), Benn McGrady (Georgetown University Law Center), Justin Jacinto and Rahim Moloo (White & Case), and Christopher Thomas (University of Cambridge).

    For more information and registration, visit here.

    Student Brief: “The Nazi Obsession with Legalizing the Holocaust” by Harry Reicher

    by  • November 20, 2009 • Faculty Workshops/ Conferences, Student Contributions • 0 Comments

    By student blogger Moshe Zvi Marvit

    On November 04, 2009, Professor Harry Reicher, Adjunct
    Professor at University of Pennsylvania Law School and Scholar-in-Residence at
    Touro Law School, presented “The Nazi Obsession with Legalizing the Holocaust”
    to a packed room of students and faculty. Professor Reicher addressed up front
    the inherent tensions of discussing the Holocaust and law, because the general
    conception of the Holocaust is at odds with what most think of when one thinks
    of the law. Where law is associated with justice, morality, due process, and
    respect, the Holocaust is associated with brutality, injustice, dehumanization,
    and hate.

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    “Happiness and Punishment” on The Legal Workshop

    by  • November 17, 2009 • Faculty Scholarship • 0 Comments

    By Christopher Buccafusco


    My recent article with John Bronsteen and Jonathan Masur, Happiness and Punishment, has recently appeared in the University of Chicago Law Review.  Please email me if you’re interested in receiving a reprint.

    In addition, an editorial-style version of the article has just appeared online in The Legal Workshop.  Here’s the first paragraph from the article:

    New findings in hedonic psychology have implications for punishment theory.  Specifically, these findings suggest that criminals adapt surprisingly well to fines and even to incarceration, but that incarceration negatively affects post-prison life in ways that tend to be unadaptable.  These results increase the difficulty of using adjustments in the size of a fine or the length of a prison sentence to tailor a punishment to fit a crime.  Because such adjustments are our primary means of crafting proportional punishments, and because such proportionality is important to retributive and utilitarian theories of punishment, a problem with their effectiveness could necessitate a rethinking of penal assumptions.

    Student Brief: More from Professor Birdthistle on Mutual Funds in the Supreme Court

    by  • November 4, 2009 • Faculty Scholarship, Faculty Workshops/ Conferences, Student Contributions • 0 Comments

    By student blogger Orijit Ghoshal

        On Tuesday, October 27, Professor William Birdthistle kicked off a series of lectures designed to give students a glimpse into the faculty’s academic scholarship with a lecture on Jones v. Harris Associates. In addition to writing an article to be published by the University of Illinois Law Review on the subject, Prof. Birdthistle served as counsel of record on two Briefs Of Amici Curiae Law Professors In Support of the Petitioners.

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    Student Brief: The Legal Implications of Drug Testing in Sports by Professor Schmidt

    by  • November 4, 2009 • Faculty Workshops/ Conferences, Student Contributions • 3 Comments

    By student blogger Mark Berardi 

        The Sports and Entertainment Law
    Society recruited Professor Christopher Schmidt of Chicago-Kent College of Law
    to present the history and legal implications of drug testing in sports.
    Professor Schmidt’s talk drew on a project he is currently working on entitled,
    “Governing Baseball.” He is exploring the history of the relationship between
    baseball and the government through four case studies: (1) The appointment of Judge Kenesaw Mountain Landis as the first
    Commissioner of baseball in the wake of the Black Sox Scandal; (2) the
    integration of baseball; (3) team relocations and the expansion of major league
    baseball in the 1950s and 1960s; and (4) the introduction of drug testing in
    the past decade. He argues that while organized baseball has generally prided
    itself on its independence from government regulation, the game actually has a
    long history of reliance on government, and, furthermore, government
    involvement has generally benefited the game.

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    Student Brief: Alison LaCroix: Temporal Imperialism

    by  • November 3, 2009 • Faculty Workshops/ Conferences, Student Contributions • 0 Comments

    By student blogger Laura Elkayam

    In September Professor Alison LaCroix, a legal historian and an assistant professor at the University of Chicago Law School, presented her recent article, “Temporal Imperialism”, which identifies and critiques the United States Supreme Court’s disoriented relationship with notions of time. Specifically, Professor LaCroix argues that despite its proclamations of institutional continuity, the Court in fact routinely engages in a kind of “temporal packaging” that indicates a more severed state of affairs.

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    Perritt on Kurdistan’s strategic future

    by  • November 2, 2009 • Faculty Commentary • 5 Comments

    By Henry H. Perritt, Jr.


    In evaluating ways to clean up the mess that the Bush Administration made in Iraq, too little attention has been paid to the strategic options presented by the Kurds, who comprise about 25 % of Iraq’s population and now control 10-20 % of its territory under the umbrella of the Kurdistan Regional Government (hereinafter “Kurdistan” or “KRG”).

    I was in Kurdistan last week. Its second city, Sulamaniyah, is crowded with traffic, and construction cranes dot the skyline. Civilians rush about, patronizing high-end clothing stores as well as traditional markets. The atmosphere is calm, with few worries about security. Not a single American soldier or marine has been killed, wounded or kidnapped in Kurdistan since the invasion of 2003. Unlike in southern Iraq, Americans are popular.

    KRG is guaranteed political autonomy by the Iraqi constitution. The Kurds intend to hold on to the autonomy and, if possible, to expand it, hoping to extend the geographic reach of KRG to the oil-rich governorate of Kirkuk. With the revenue from Kirkuk’s energy resources, protection from KRG’s Peshmerga–militia forces estimated to number anywhere from 100,000 to 250,000, and a modicum of support from U.S. forces, the Kurds are well-positioned to play a crucial role in the reshaping of the Middle East.

    Five scenarios can be envisioned. The first is least likely: a genuinely unified and democratic Iraq.

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    Professor Kraus quoted in USA Today article on Diabetes in Schools

    by  • November 2, 2009 • Faculty in the News • 1 Comment

    Professor Ed Kraus was quoted at length in an article on the resources available to diabetic schoolchildren.  From the article:

    Although more schools have fewer full-time nurses while, experts say, there is an increasing number of children being diagnosed with both type 1 and type 2 diabetes, many schools are successfully adapting to the needs of these kids, which the federal Americans with Disabilities Act requires they do, says attorney Ed Kraus, an associate professor at Chicago Kent Law School who works with the American Diabetes Association (ADA). Yet, too many schools are still falling short, he says.

     Read the article here.