Monthly Archives: February 2004

Faculty Activities – February 2004

Lori Andrews spoke at a symposium at Duke University in January 2004. The conference, “Frozen in Place: Advancing the Debate About Disposition of Frozen Human Embryos,” was sponsored by the Center for Genome Ethics, Law, and Policy of Duke’s Institute for Genome Sciences and Policy. Her topic was “Legal Issues in Broad Perspective, ‘Souls on Ice.'”

Evelyn Brody was elected Secretary of the American Bar Association’s Section of Taxation. She was reelected to a second 2-year term, beginning in November 2003, as At-Large Board Member of the Association for Research on Nonprofit Organizations and Voluntary Action. As an invited observer, she has been participating in meetings of the Uniform Management of Institutional Funds Act Revision Project of the National Conference of Commissioners on Uniform State Laws.

For the American Law Institute’s Project on Principles of the Law of Nonprofit Organizations, for which Professor Brody is Co-Reporter, she drafted material on the legal issues raised by donations and donor control, including choice of form for a new charity, unrestricted and restricted gifts, reforming restrictions that can no longer be carried out (equitable deviation and cy pres), and amendments to charitable purposes. Preliminary Draft No. 1 (May 2003) was discussed by the Project’s Advisers and Members Consultative Group in June 2003 in San Francisco, and Council Draft No. 1 (October 2003) was discussed by the ALI Council in New York City in October 2003.

In January 2004, Professor Brody made a presentation on pending charitable giving legislation (H.R. 7) to the Great Lakes TE/GE Council, of which she is a member. The Council is a regional advisory group to the IRS Tax-Exempt/Government Entities Division.

In December 2003, Professor Brody spoke on “The Legal Framework for Restricted Gifts: The Cy Pres Doctrine and Corporate Charities,” at the Nonprofit Forum in New York City. Also in December, she was a panelist at the Philadelphia Bar Association Probate and Trust Law Section Annual Meeting in Philadelphia. Her topic was “Long-Term Planning in a Short-Term World.” At the 32th Annual Conference of the Association for Research on Nonprofit Organizations and Voluntary Action held in Denver in November 2003, Professor Brody appeared as part of a panel on “Respecting Donors’ Intentions and Privacy.”

Graeme Dinwoodie presented two papers at the Association of American Law Schools Annual Meeting in Atlanta, Georgia, in January 2004. “Internationalization of Intellectual Property Processes,” was the topic for the Section on Property Law Meeting on “Property in a Global Arena.” “EU Models for Use in Reforming the DMCA,” was presented to the Joint Program of Sections on Intellectual Property Law and Law and Computers.

Professor Dinwoodie has been appointed Consultant to the United Nations Conference on Trade and Development on the Protection of Traditional Knowledge, and continues to work as an Adviser to the ALI Project on Principles of Jurisdiction and Judgments in Intellectual Property Matters.

Richard Gonzalez will speak at the National Employment Lawyers Association Seventh Circuit Seminar on February 16, 2004. His topic is “Defeating Summary Judgment with Depositions.”

Recently Professor Gonzalez and his students had an opportunity to write on matters that became Illinois law. The students prepared a comprehensive set of regulations on disability discrimination for the Cook County Commission on Human Rights. As another project, the students wrote rulings for the Commission in specific cases as to whether school districts are covered at all by Cook County discrimination laws.

Steven Harris was on the faculty of an ALI-ABA course of study on the “Emerged and Emerging New Uniform Commercial Code.” The program was held November 6-8, 2003 in New York. Professor Harris’s topics were “Traps for the Unwary under UCC Article 9,” “Current Developments under UCC Article 9,” and the “Proposed Uniform Certificate of Title Act.”

In December, Professor Harris went to Rome, Italy, as part of the United States delegation to the Committee of Governmental Experts for the preparation of a draft protocol to the Cape Town Convention on International Security Interests. The project is sponsored by the International Institute for the Unification of Private Law (UNIDROIT).

Claire Hill will lecture on “How German Contracts Do as Much with Words” at Georgetown Law Center’s Olin Law and Economics Workshop in Spring 2004.  At George Mason’s Philosophy and Public Policy Workshop, sponsored by the GMU Economics Department, she will speak on “Beyond Mistakes: the Next Wave of Law and Economics.”  Also this Spring, a paper she is co-authoring with Erin O’Hara, “Trust but Verify: An Evolutionary Perspective on Directors’ Duties,” will be presented by the co-author at Vanderbilt University Law School and by Professor Hill at meetings of the Law and Society Association and a Southeastern Association of American Law Schools law conference later in 2004.

Professor Hill also was on the program for a January 30-31, 2004 conference, “People and Money: the Human Factor in Financial Decision-Making.” The conference is sponsored by DePaul University’s Driehaus Center for Behavioral Finance and Professor Hill’s topic is “Beyond Mistakes: The Next Wave in Behavioral Law and Economics.”

Martin Malin has been appointed Reporter for the Neutrality Project of the Association of Labor Relations Agencies (ALRA). ALRA is an association of all labor boards at the federal, state, provincial, and local levels in the U.S. and Canada. The Neutrality Project is a Restatement-like project that will produce a major work dealing with labor relations agency neutrality.

Nancy Marder will present several papers this semester. “Unintended Consequences: Juries and Technology in the Courtroom,” will be her topic at the Law, Culture and Humanities Conference at the University of Connecticut, March 14-15. “The Banality of Evil: A Portrayal” will be presented at the “5th Global Conference: Perspectives on Evil and Human Wickedness” in Prague, Czech Republic, March 19-24. On April 4-6, she will present the same paper as part of a panel, “Law and Popular Culture,” at the Socio-Legal Studies Association Annual Conference in Glasgow, Scotland.

Professor Marder also will present a paper as part of a panel entitled “Cutting-Edge Jury Research” at the Law & Society Annual Meeting in Chicago, Illinois, May 27-30, 2004.  She continues to serve as Reporter for the Illinois Supreme Court Committee on Civil Jury Instructions.

Sheldon Nahmod spoke to the Civil Rights Section at the Association of American Law Schools Annual Meeting in Atlanta on January 5, 2004. His topic was “Private Party Defenses to Constitutional Tort Claims.”

On February 9, 2004, Professor Nahmod will speak on “Affirmative Action and Justice” at the Jewish Theological Seminary’s monthly luncheon, to be held in downtown Chicago.

Jeffrey Sherman was invited to present a paper on “Estate Planning for Unmarried Couples” at the Annual Meeting of the American College of Trust and Estate Counsel in San Antonio, Texas, in March 2004.

Research in Progress – February 2004

Martin Malin is working on a study of collective bargaining and teacher involvement in educational policy. The project is funded by a grant from the Haynes Foundation. He is collaborating on this project with Professor Charles Kirchner of the Claremont Graduate University.

Nancy Marder is spending the Spring 2004 semester in London, England, where she is doing research on the British jury system and completing a book on the jury.

Alexander Tsesis entered into a contract with Yale University Press to publish his third book, A Legal History of Civil Rights: Constitution, Liberty and Equality. The expected publication date is 2006. The University of Chicago Press also had offered to publish the book.

Publications – February 2004

Lori Andrews has published Changing Conceptions,” in Living with the Genie: Essays on Technology and the Quest for Human Mastery (A. Lightman, D. Sarewitz, and C. Desser, eds., Island Press 2003).

Evelyn Brody will have her article, Whose Public?: Parochialism and Paternalism in State Charity Law Enforcement, published in 79 Indiana Law Journal (issue 4, forthcoming, 2004).

The book she edited and contributed to, Property-Tax Exemption for Charities: Mapping the Battlefield (Urban Institute Press, 2002), was reviewed by John A. Swain, 41 J. Econ. Lit. 1311 (Dec. 2003); by Daphne A. Kenyon, 66 Nat’l Tax J. 895 (Dec. 2003); and by Susan E. Anderson, 25 J. Amer. Tax’n Assoc. 131 (Spring 2003).

Sungjoon Cho has two law review articles forthcoming in 2004.  The Nature of Remedies in International Trade Law will be published in 65 U. Pitt. L. Rev. and A Bridge Too far: the Fall of the Fifth WTO Ministerial Conference in Cancun and the Future of Trade Constitution will be in 7 J. Int’l Econ. L.

Professor Cho has also written a chapter for a book that is forthcoming in 2004: Rethinking APEC: A New Experiment for a Post-Modern Institutional Arrangement,” in New Perspectives on the World Trading System: WTO and East Asia (Mitsuo Matushita & Dukgeun Ahn, eds. 2004)

Graeme Dinwoodie has two law review articles forthcoming in 2004.

International Intellectual Property Law and the Public Domain of Science will be in 7 Journal of International Economic Law (co-authored with R. Dreyfuss). Private Ordering and the Creation of International Copyright Norms: The Role of Public Structuring, will be in 160 Journal of Institutional and Theoretical Economics.

Professor Dinwoodie has a chapter, also co-authored with R. Dreyfuss, “WTO Dispute Resolution and The Preservation of The Public Domain Under International Law,” in International Public Goods and Transfer of Technology Under a Globalized Intellectual Property Regime (Maskus and Reichman eds., Cambridge Univ. Press, forthcoming in 2004).

Professor Dinwoodie also has two books that will be published in 2004. Trademark and Unfair Competition Law(co-authored with with M. Janis, Aspen Law Publishing) and International and Comparative Trademark and Unfair Competition Law (co-authored with with S. Perlmutter and W. Hennessey, LexisNexis Publishing).

Timothy Holbrook has an invited essay, The Supreme Court’s Complicity in Federal Circuit Formalism in 20 Santa Clara Computer & High Tech.

L. J. 1 (2003).

Martin Malin has just published his book, Public Sector Employment: Cases and Materials (co-authored with J. Grodin and J. Weisberger, West, 2003).

Professor Malin’s article, Interference with Rights under the Family and Medical Leave Act will be published in 2004 in Employee Rights and Employment Policy Journal. The article discusses the difference between the FMLA’s prohibition on interferences with, restraint or denial of FMLA rights and statutory anti-discrimination provisions and discusses the relevance of social cognition theory to protecting FMLA rights.

Nancy Marder is co-author, along with Judith Resnick, of a Teacher’s Manual for “Adjudication and Its Alternatives: An Introduction to Procedure.”