• Archive for December, 2013

    Chicago-Kent Research Paper Series No. 5.12

    by  • December 20, 2013 • Faculty Scholarship • 0 Comments

    The Chicago-Kent Research Paper Series (RPS) is an SSRN ejournal publication, distributed monthly, that highlights new abstracts, works in progress, and recently published articles by Chicago-Kent faculty.

    The latest edition (5.12) of the RPS was distributed this week. This edition includes the following articles:

    • Sungjoon ChoAn International Organization’s Identity Crisis, 34 Northwestern Journal of International Law & Business __ (forthcoming 2013).

    • Martin MalinCollective Representation and Employee Voice in the U.S. Public Sector Workplace: Looking North for Solutions?, 50 Osgoode Hall Law Journal 903 (2013).

    • César Rosado MarzánNo More Solitude? Workers’ Conditions and Rights in Latin America During the Great Recession, 17 Employee Rights and Employment Policy Journal __ (forthcoming).

    • David SchwartzPatent Assertion Entities (PAEs) Under the Microscope: An Empirical Investigation of Patent Holders as Litigants (with J. Kesan and C. Cotropia), working paper (2013).

    • A. Dan TarlockThe Third Wave of Normativity in Global Water Law: The Duty to Cooperate in the Peaceful Management of the World’s Water Resources: An Emerging Obligation Erga Omnes? (with P. Wouters), 23 Journal of Water Law 51 (2013).

    Click here to see the abstract page for the Series and to subscribe to the ejournal.

    Weekly Faculty in the News, 12/19

    by  • December 19, 2013 • Faculty in the News • 0 Comments

    A roundup of faculty appearances in news sources and media from the last week, 12/12 to 12/19.

    12/12 – Clinical Professor Richard Kling was quoted in a Bloomberg News article on former Illinois governor Rod Blagojevich, who is appealing his 14-year prison sentence for corruption (“Blagojevich Seeks to Throw Out Corruption Conviction”).

    12/17 – A recent paper by Professor David SchwartzPatent Assertion Entities (PAEs) Under the Microscope: An Empirical Investigation of Patent Holders as Litigants (co-authored with Jay Kesan and Christopher Cotropia)—was cited in testimony before the Senate Judiciary Committee by Q. Todd Dickinson, the former Director of the U.S. Patent & Trademark Office. Dickinson’s testimony, which quotes Schwartz’s paper extensively, can be read here.

    12/18 – Keith Ann Stiverson, Director of the Chicago-Kent Law Library, was featured in the Chicago Daily Law Bulletin as the new president-elect of the American Association of Law Libraries (AALL) (“In the bar groups”). Read more in a previous Faculty in the News post here.


    For more information, contact the Office of Public Affairs at IIT Chicago-Kent.

    Employers and Unions Remain Guessing After Mulhall

    by  • December 13, 2013 • Faculty Commentary • 0 Comments

    By César F. Rosado Marzán


    The Supreme Court recently decided that it had improvidently granted certiorari in Unite Here Local 355  v. Mulhall, leaving management and labor stuck in a troubling game of chance.

    The Supreme Court initially granted certiorari in Mulhall to decide whether an agreement between an employer and a union led the employer to grant the union “a thing of value” in violation of Section 302 of the Labor Management Relations Act (“LMRA”). In Mulhall v. Unite Here Local 355, the 11th Circuit decision that the Supreme Court was going to review, the employer and the union entered into an agreement in which the employer would (1) remain neutral in respect to the union’s efforts to organize the employer’s employees, (2) give the union access to it premises so that the union could speak to the workers about union representation, and (3) give the union a list of employees’ names and contact information for organizing purposes. In return, the union would lobby the state legislature for certain gambling rules that the employer, a racetrack, wanted changed to benefit its business.

    Section 302 of the LMRA is an anti-bribery statute. It aims to stop union corruption. The plaintiff did not prove that there was actual bribery, extortion, or union corruption involved in Mulhall. However, the plaintiff argued that anything valuable given to the union by the employer was a per se violation of Section 302. While the 3rd and 4th Circuits had ruled against plaintiffs in similar cases, [1] the 11th Circuit held that the employer could be found in violation of Section 302 if it attempted to corrupt the union through these kinds of agreements or if the union attempted to extort the employer. [2] (more…)

    Weekly Faculty in the News, 12/12

    by  • December 12, 2013 • Faculty in the News • 0 Comments

    A roundup of faculty appearances in news sources and media from the last week, 12/5 to 12/12.

    12/8 – Professor Jerry Goldman and the Oyez Project were mentioned in a CNN article about the 9th Circuit U.S. Court of Appeals providing live streaming video for a select number of its oral arguments (“Appeals court hearings now going live and online”). The Oyez Project, developed by Goldman, is a multimedia archive housing thousands of hours of audio from Supreme Court oral arguments.

    12/9 – Professor Bernadette Atuahene was a guest on WBEZ Radio’s “Worldview” program for a discussion of Nelson Mandela and his influence on the issue of land reform in South Africa (“The future of land reform in South Africa”). Listen below or here.

    12/9 – Professor Mark Rosen appeared on the television show Chicago Tonight to discuss the constitutionality of Illinois’ new pension reform bill (“Is Pension Reform Deal Unconstitutional?”).

    Other news:

    12/10 – Professor Adrian Walters authored a new post at The Walters Way about how law students and lawyers can effectively use LinkedIn for their practice (“LinkedIn for Lawyers”).


    For more information, contact the Office of Public Affairs at IIT Chicago-Kent.

    Rosen on IL Pension Reform

    by  • December 10, 2013 • Faculty in the News, Multimedia • 0 Comments

    Professor Mark Rosen appeared on the television show Chicago Tonight last night to discuss the constitutionality of Illinois’ new pension reform bill. Rosen was joined by Ann Lousin, a professor at the John Marshall Law School, and Malcolm Kamin, an attorney.

    Click here to watch the video on Chicago Tonight’s website.

    Atuahene on Mandela and South African Land Reform

    by  • December 9, 2013 • Faculty in the News, Faculty Scholarship, Multimedia • 0 Comments

    Earlier today, Professor Bernadette Atuahene was a guest on WBEZ Radio’s “Worldview” program for a discussion of Nelson Mandela and his influence on the issue of land reform in South Africa. Professor Atuahene’s scholarship deals extensively with South Africa’s land restitution process. She has directed a documentary about the subject—Sifuna Okwethu (We Want What’s Ours), now available for purchase here—and is a publishing a counterpart book with Oxford University Press in 2014 titled We Want What’s Ours: Learning from South Africa’s Land Restitution Process. Listen to today’s interview below (or here) and be sure to check out the documentary and book websites.

    Weekly Faculty in the News, 12/5

    by  • December 5, 2013 • Faculty in the News • 0 Comments

    A roundup of faculty appearances in news sources and media from the last two weeks, 11/21 to 12/5.

    11/25 – In an interview on WDCB Public Radio, Dean Harold Krent discussed the challenges facing new federal prosecutor Zachary Fardon, who was officially installed at the Federal Courthouse in Chicago on the 25th.

    12/1 – Dean Krent was quoted in a front-page Chicago Tribune article about lower law school enrollments and the legal job market (“Law schools adjust to lower enrollments”).

    12/2 – Faculty Perspectives, Chicago-Kent’s new online publication that highlights recent faculty scholarship, was featured on IIT Today (“New Publication to Showcase Recent Legal Scholarship by IIT Chicago-Kent College of Law Faculty”).

    12/3Keith Ann Stiverson, Director of the Chicago-Kent Law Library, was elected Vice President/President-Elect of the American Association of Law Libraries (AALL). She will take over as Vice President in the summer of 2014 and will assume the presidency in 2015. Read her AALL biography and candidate statement here and view the election results here.

    12/3 – Clinical Professor Edward Kraus was recognized as the recipient of the Stop Diabetes Award in a Chicago Daily Law Bulletin headline (“In the law schools”). The award, sponsored by the American Diabetes Association, is given “to an individual, group or organization that promotes health awareness, research, advocacy, wellness and/or disease prevention.”

    Other news:

    12/3 – Professor Adrian Walters authored a new post on his blog, The Walters Way (“More on careers”). Prof. Walters’s advice to law students is that it is “never too soon to start thinking about careers.”

    12/4 – Professor Sheldon Nahmod added a new installment to his “Know Your Constitution” series on his blog, Nahmod Law (“Know Your Constitution (5): Free Speech and Hate Speech”).


    For more information, contact the Office of Public Affairs at IIT Chicago-Kent.