• Archive for August, 2014

    August 2014 Issue of Faculty News

    by  • August 29, 2014 • Faculty in the News • 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 • Faculty in the News • 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 • Multimedia • 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 • Faculty Workshops/ Conferences • 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.

    Ventilator Allocation in a Pandemic

    by  • August 20, 2014 • Faculty Commentary • 0 Comments

    Professor Valerie Gutmann Koch will be a guest contributor at the HealthLawProf Blog for the month of August. Check back here for more of her guest posts.

    Koch_Valerie thumbnail By Valerie Gutmann Koch [reposted from HealthLawProf Blog]

    In 2014, the New York State Task Force on Life and the Law, the state’s bioethics commission, will release its updated Allocation of Ventilators in an Influenza Pandemic, which enunciate a comprehensive clinical and ethical framework to guide distribution of ventilators in the event of a severe public health emergency using objective medical criteria, with the ultimate goal of saving the most lives. These guidelines are the product of seven years of hard work by the Task Force and its staff and were developed by incorporating comments, critiques, feedback, and values from numerous stakeholders. They draw upon the expertise of multiple workgroups and committees with special knowledge in scarce resource allocation, pediatric and neonatal medicine, ethics, law, and policy. The 2014 version of these guidelines will not only include an updated clinical protocol for allocation of ventilators to adults; they will also include first of their kind protocols for allocation of ventilators to two important and previously unaddressed segments of the population: pediatric patients and neonates.

    I have had the great fortune to continue serving the Task Force in finalizing these Guidelines. In particular, the brief summary on legal issues from the 2007 draft guidelines has been replaced with a more substantial exploration of the various legal issues that may arise when implementing the clinical protocols for ventilator allocation.

    Of primary concern to the Task Force in its deliberations was the effective implementation of the clinical allocation protocols, which could be stymied by health care workers’ reluctance to follow the guidelines due to concerns about liability. The financial, time, and reputational costs of defending a criminal prosecution, civil lawsuit, or professional disciplinary proceeding, as well as conflicting laws and regulations, all may make abiding by the clinical protocols particularly challenging.

    Click here to read the rest of this post at HealthLawProf Blog→

    How an Obligation to Return Research Results Is (and Should be) Changing the Investigator-Participant Relationship

    by  • August 20, 2014 • Faculty Commentary • 0 Comments

    Professor Valerie Gutmann Koch will be a guest contributor at the HealthLawProf Blog for the month of August. Check back here for more of her guest posts.

    Koch_Valerie thumbnail By Valerie Gutmann Koch [reposted from HealthLawProf Blog]

    Technological advances, such as whole genome or exome sequencing, are changing the nature of research protocols. With these advances, the discovery of incidental or secondary findings (“research findings”)—or other information that could affect the research participant’s health or decision-making—will become more likely and frequent. Whether there is an ethical duty to disclose the results of research to individual participants—regardless of whether the results are directly related to the central research inquiry—has consequently become a central question in human subjects research.

    Over the last decade and a half, scholars and research participants have increasingly called for disclosure of research findings. This is particularly true in genetics research. For example, a 2009 survey found that 90% of 343 genetic researchers agreed that they had a duty to offer subjects aggregate research results, and a 2013 study concluded that a majority of researchers believe that research participants should have the option to receive at least some incidental genetic research results. The transformation in attitudes regarding the duty to disclose incidental or secondary findings is further manifested in the evolution of national bioethics advisory body recommendations on the subject. As recently as 1999, the National Bioethics Advisory Commission (NBAC) appointed by President Clinton stated that disclosure of individual research participants’ results “represents an exceptional circumstance” and recommended return of research findings only under specific conditions. As evidence of changing perspectives, in December 2013, the Presidential Commission for the Study of Bioethical Issues enunciated a series of recommendations for the management of incidental and secondary findings in both treatment and research and acknowledged the fact that, in certain circumstances, researchers may have an ethical duty to disclose and manage incidental and secondary findings. As participants, too, increasingly express a desire to receive research findings, the ethical—and perhaps, even legal—expectation that research findings should be disclosed may be further intensified.

    Click here to read the rest of this post at HealthLawProf Blog→

    Announcing SCIPR 2014

    by  • August 18, 2014 • Faculty Workshops/ Conferences • 0 Comments

    [Reposted from IIT Chicago-Kent News]

    David J. Kappos, former undersecretary of commerce and former director of the United States Patent and Trademark Office (USPTO), will deliver the keynote address at IIT Chicago-Kent College of Law’s fifth annual U.S. Supreme Court Intellectual Property Review (SCIPR) on September 12. Kappos will address the topic “Stalemate or Statesmen? What Is Needed to Move Forward Constructively with the Balancing of America’s IP System.” The one-day conference will be held from 8 a.m. to 6:30 p.m. at the law school, 565 West Adams Street (between Clinton and Jefferson streets) in Chicago.

    IIT Chicago-Kent’s U.S. Supreme Court IP Review is the only conference in the country focused exclusively on intellectual property cases before the Supreme Court. This past term, the court heard a record 10 intellectual property–related cases, the most in its history, including important cases concerning software patents and TV broadcasts over the Internet.


    David Kappos will deliver the keynote speech at the fifth annual U.S. Supreme Court Intellectual Property Review.

    The annual program draws leading members of the U.S. Supreme Court bar, intellectual property practice, academia, and the judiciary. Presenters include many of the nation’s top intellectual property scholars and Supreme Court litigators. Participants in this year’s conference will review intellectual property cases decided in the 2013–14 U.S. Supreme Court term and examine cases on the docket for the next session.

    David J. Kappos, currently a partner at Cravath Swaine and Moore LLP, is widely recognized as one of the world’s foremost leaders in the field of intellectual property, including intellectual property management and strategy, commercialization and enforcement of innovation-based assets, and the development of global intellectual property norms, laws and practices.

    Prior to joining Cravath, Kappos served from 2009 to 2013 as undersecretary of commerce and director of the United States Patent and Trademark Office (USPTO). As director of the USPTO, Kappos led the agency in re-engineering its management and operational systems as well as its engagement with the global innovation community. He was also instrumental in achieving passage and implementation of the Leahy-Smith America Invents Act, signed into law by President Obama in September 2011.

    Prior to leading the USPTO, Kappos held several executive posts in the legal department of IBM, the world’s largest patent holder. From 2003 to 2009, he served as the company’s vice president and assistant general counsel for intellectual property. During more than 25 years at IBM, Kappos also served as litigation counsel and Asia Pacific IP counsel, based in Tokyo, where he led all aspects of intellectual property protection, including licensing, transactions support, and mergers and acquisitions activity, for the Asia/Pacific region.

    Kappos graduated summa cum laude with an undergraduate degree in electrical and computer engineering from the University of California, Davis. He earned his law degree from the University of California, Berkeley, in 1990.

    General registration for the conference is $35; $15 for non–IIT Chicago-Kent academics; and free to all law students and to IIT Chicago-Kent faculty. For more information or to register, please contact Patricia O’Neal at (312) 906-5128 or ipconference@kentlaw.iit.edu or visit the website: www.kentlaw.iit.edu/scipr.

    In the most recent U.S. News & World Report law school rankings (March 2014), IIT 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.

    FDA Announces Plans to Regulate LDTs (but Not DTC Genetic Tests)

    by  • August 6, 2014 • Faculty Commentary • 0 Comments

    Professor Valerie Gutmann Koch will be a guest contributor at the HealthLawProf Blog for the month of August. Check back here for more of her guest posts.

    Koch_Valerie thumbnail By Valerie Gutmann Koch [reposted from HealthLawProf Blog]

    Oversight of direct-to-consumer (DTC) genetic tests and laboratory developed tests (LDTs) in general has garnered increasing attention in the media. Most recently, on July 31, pursuant to the 2012 Food and Drug Administration Safety and Innovation Act (FDASIA), the FDA notified Congress that it intends to issue draft guidance for the oversight of LDTs – diagnostic tests (including genetic tests and tests for rare conditions) developed and performed by a single laboratory.  The FDASIA requires the FDA to provide at least 60 days’ notice before publishing any draft guidance on the regulation of LDTs.

    FDA’s decision to exercise its jurisdiction over LDTs as medical devices has been discussed and even expected for almost a decade. In June 2013 FDA Commissioner Margaret Hamburg called for more active FDA regulation of LDTs, stating that the Agency’s risk-based framework for regulating such tests was under development. Hamburg noted that the FDA has discretion in overseeing certain LDTs as devices. Although historically “they were relatively simple, low-risk tests performed on a few patients being evaluated by physicians at the same facility as the lab,” she explained that they now warrant oversight because they have become “more sophisticated and complex.”

    Speculation about the possibly imminent release of a risk-based oversight framework for LDTs increased after the agency’s November 2013 Warning Letter to the personal genomic testing service 23andMe. The letter demanded an immediate halt to testing “until such time as [23andMe] receives FDA marketing authorization for the device.” The agency claimed that 23andMe hadn’t proven that its tests are clinically valid, thereby leading to possible harm due to the “potential health consequences that could result from false positive or false negative assessments for high-risk indications.” Based on 23andMe’s advertising campaign and its focus on health rather than simply information, the FDA’s letter stated that it considered the personal genome service a Class III device (the agency’s highest-risk classification) under the Medical Device Amendments, requiring the most stringent level of regulation. The letter led to a number of generally thoughtful responses and questions (some of which have been posted here) regarding whether DTC genetic tests are devices subject to FDA oversight (much less Class III devices) and the effects such regulation might have on patient access, innovation, and research.

    In the July 31st press release issued concurrently with the letter to Congress, the FDA expresses concerns about the use of high-risk LDTs similar to those enunciated in the November 2013 Warning Letter to 23andMe. In particular, it focuses on the concern that “[i]naccurate test results could cause patients to seek unnecessary treatment or delay and sometimes forgo treatment altogether.”

    Click here to read the rest of this post at HealthLawProf Blog→

    Atuahene’s New Book Looks at Land Restitution in South Africa

    by  • August 4, 2014 • Scholarship • 0 Comments

    [Via wewantwhatsours.com]

    South Africa Brings Its Woes to Historic U.S.-Africa Summit

    New Book Highlights How Past Land Theft Can Cripple South Africa’s Economic Development

    book cover home pageChicago, IL, August 4, 2014 – Today, over 50 African leaders will attend the historic U.S.–Africa Leader’s Summit to expand trade ties and request additional US investment in security and democracy. While South Africa is the continent’s economic leader, President Jacob Zuma has a ticking time bomb threatening his nation’s prosperity—past land theft.

    Mandela’s promise to correct past land theft has thus far gone unfulfilled. When apartheid ended in 1994, 87% of South Africa’s land was owned by whites although they constituted less than 10% of the population. This year marks South Africa’s 20th year of democracy, but the post-apartheid state has transferred less than 10% of the land from whites back to blacks.

    Unsurprisingly, blacks are angry. If nothing decisive is done, there may be political instability, which causes economic instability.

    Professor Bernadette Atuahene’s new book We Want What’s Ours: Learning from South Africa’s Land Restitution Program (Oxford University Press, 2014) uses interviews with 150 South Africans to understand how the nation can build on its successes and learn from its failures in addressing past land theft. The book finds that communication, accountability, and equity are vital.

    The global relevance of We Want What’s Ours extends beyond South Africa’s borders. The lessons highlighted can help nations, policy makers, scholars, and international organizations the world over to implement reparations programs.

    To arrange a book event, radio interview, or television interview, please contact Bernadette Atuahene at batuahene@kentlaw.iit.edu. We Want What’s Ours is available in hardback and as an eBook. For more information, or to purchase the book, visit http://wewantwhatsours.com.

    About Professor Bernadette Atuahene

    Bernadette Atuahene is a professor of law at IIT Chicago-Kent College of Law and Faculty Fellow at the American Bar Foundation. She has a JD from Yale and a MPA from Harvard. Professor Atuahene has done extensive research, writing, public speaking and consulting on land issues.

    Weekly Faculty in the News, 8/1/14

    by  • August 1, 2014 • Faculty in the News • 0 Comments

    A roundup of faculty appearances in news sources and media from the last week, 7/24/14 to 8/1/14.

    7/28 – Sheldon Nahmod was quoted in Detroit Free Press and USA Today articles on a judicial immunity case involving a Michigan judge (“Immunity lets bad judges off hook for bad behavior”).

    7/30 – Martin Malin was quoted in a Chicago Tribune article on a recent National Labor Relations Board ruling that could increase McDonald’s responsibility in labor cases (“McDonald’s may face beefs in labor cases,” behind paywall).


    7/29 – Adrian Walters authored a post on contract interpretation on his blog, The Walters Way.

    7/29 – On his blog Nahmod Law, Sheldon Nahmod linked to a new YouTube page which houses all of his videos on constitutional law, section 1983, and U.S. Supreme Court cases.