Monthly Archives: April 2004

Faculty Activities – April 2004

Katharine Baker spoke on “Emotional Complexity and the Criminal Law” at a conference, “Emotion and the Law,” held at Harvard Law School on March 6, 2004.

Graeme Dinwoodie has delivered several lectures and papers over the past two months. “TRIPS Myopia: The Need for A Broader Vision of the International Intellectual Property System,” was the 2004 Distinguished Lecture in Intellectual Property Law at Whittier Law School in April 2004, where Professor Dinwoodie also presented a Faculty Workshop, “TRIPS and the Dynamics of Intellectual Property Lawmaking.” Also in April, he presented “The Institutions of International Intellectual Property Law: New Actors, New Sources and New Structures,” at the Annual Meeting of the American Society of International Law in Washington, D.C.

“TRIPS and the Dynamics of Intellectual Property Lawmaking,” was presented at the Conference on the Future of International Intellectual Property: International Relations in Information Products at Case Western Reserve University School of Law, in March 2004 (with R. Dreyfuss). Also in March, he presented “Conflicts and International Copyright Litigation: the Role of International Norms,” at the Max Planck Institute for Foreign Private Law and Private International Law Symposium on Intellectual Property in the Conflict of Laws, Hamburg, Germany.

In February 2004, Professor Dinwoodie presented “Towards an International Framework for the Protection of Traditional Knowledge,” at the United Nations Conference on Trade and Development – Commonwealth Secretariat Workshop on Elements of National Sui Generis Systems for the Preservation, Protection and Promotion of Traditional Knowledge in Geneva, Switzerland. In February he spoke on “Global Copyright Protection,” at the Chicago Bar Association, Young Lawyers Committee Seminar on Global Intellectual Property Protection.

Philip Hablutzel has been reappointed to the Illinois Attorney General’s Charitable Advisory Committee and its Legislative Subcommittee for the year 2004. He serves as Chair of the Nonprofit Committee of the Illinois Secretary of State’s Corporate Laws Advisory Committee and has prepared amendments to the Illinois Not for Profit Corporation Act, which are now pending in the Illinois Assembly.

During April 2-8, 2004, Professor Hablutzel and Adjunct Professor Nancy Hablutzel were coaches for Chicago-Kent’s student team in the Eleventh Willem C. Vis International Commercial Arbitration Moot in Vienna, Austria. Chicago-Kent’s team did well, but was not in the final rounds. Professors Hablutzel also served as arbitrators for judging in the preliminary rounds.

Steven Harris participated in the work of the United Nations Commission on International Trade Law (UNCITRAL). As the delegate of the International Law Institute, Professor Harris attended the meeting of the UNCITRAL Working Group VI (Security Interests) and the joint meeting of Working Groups V (Insolvency Law) and VI in March 2004 in New York.

Claire Hill will present a paper, “Regulating the Rating Agencies,” at the Annual Meeting of the American Law and Economics Association at Northwestern University School of Law, May 7-8, 2004 . She will be on an “Author Meets Reader” Book Panel at the Law and Society Annual Meeting, May 27-30, 2004, in Chicago. The panel will discuss Profiles, Possibilities, and Stereotypes, by Frederick Schauer. The author, a professor at Harvard University’s John F. Kennedy School of Government, will be on the panel.

Timothy Holbrook presented a workshop, “Curing Heterosexuality? Moral Signals and the Potential for Expressive Impacts in Patent Law,” on March 17, 2004, as part of the workshop series of the McCarthy Institute for Intellectual Property and Technology Law at the University of San Francisco School of Law.

Laurie Leader was featured as one of six female lawyers who help women in the March 29, 2004, issue of Crain’s Chicago Business. The focus of the article was Professor Leader’s labor and employment law cases.

Martin Malin was elected to the Executive Committee of the Labor Law Group. The group is an invitation-only association of academics from the United States, Canada, Europe, and Israel. The Group provides leadership in the development of curriculum concerning the law governing the workplace.

Nancy Marder presented two papers, “Innovations in the Modern American Jury” and “The Banality of Evil: a Portrayal,” as part of a panel on Cyberspace and Information Technology at the Socio-Legal Studies Association Conference on April 8, 2004 in Glasgow, Scotland.

Earlier in the year, Professor Marder was named Chair-Elect of the AALS Section on Civil Procedure.

Sheldon Nahmod made three presentations to diverse groups in February and March 2004. He lectured to sixty newly confirmed federal judges on Section 1983 in Washington, D.C., under the auspices of the Federal Judicial Center. He delivered the keynote speech to two hundred people at a week-long conference on the First Amendment held at Temple KAM Isaiah Israel in Hyde Park. His topic included a discussion of the First Amendment’s Speech, Press, and Religion Clauses. During Black History Month in February, Professor Nahmod spoke on “Reparations for Slavery” at a Chicago-Kent program sponsored by BALSA.

Joan Steinman has been invited to furnish written comments on proposed improvements to the federal subject-matter jurisdiction statutes that are being considered by a committee of the Judicial Conference of the United States. She also has been invited to give a series of lectures on federal civil procedure to a law firm that a federal judge had suggested should refresh its familiarity with governing statutes and rules.

Dan Tarlock attended a NATO-sponsored workshop on Integrated Water Resources Management in Bishkek, Kyrgyz Republic in February 2004. In March, he delivered a paper, “A First Look at a Modern Legal Regime for a Post-Modern U.S. Army Corps of Engineers,” at the 2004 Kansas University Law Review Symposium, Lawrence, Kansas. He also presented this paper at a workshop at the Penn State-Dickinson School of Law in April 2004.

Alexander Tsesis presented a faculty talk on his forthcoming book, The Thirteenth Amendment and American Freedom, at Loyola Law School in Chicago on April 13, 2004.

Professor Tsesis has accepted a Visiting Professor position at University of Pittsburgh School of Law for the 2004-2005 academic year. He will teach Legal Process (1st semester civil procedure) and Conflict of Law during the Fall semester. He will be on leave from Chicago-Kent during that time.

Richard Wright has been invited to present a paper on “Rethinking Breach of Duty” to the Torts Section of the United Kingdom and Ireland Division of the Society of Legal Scholars at its Annual Meeting at the University of Sheffield, England, September 15-16, 2004. His paper will be published as part of a collection of papers exploring the notion of breach of duty and the related notions of fault and reasonableness in the common law and the civil law.

Professor Wright will participate in the 8th International Conference on Substantive Technology in Legal Education and Practice at the University of Washington in Seattle in June 2004. This conference is an invitation-only biannual meeting, held alternately in North America and Europe, where implemented and nascent ideas for using computer technology to improve legal education and practice are presented and discussed.

In March 2004, Professor Wright led a discussion on “Overdetermined Multiple Omission Cases” in the Seminar on Causation and Scope of Liability at the University of Texas at Austin School of Law. In October 2003 he presented a paper, “Toward A Coherent, Principled Law of Punitive Damages,” at the Conference on Law &: Philosophical, Psychological, Linguistic and Biological Perspectives on Legal Scholarship at Chicago-Kent.

Professor Wright has been made a member of the Board of Advisers for the Center for Justice and Democracy in New York, an independent public-interest entity that is dedicated to preserving the civil justice system and dispelling myths about its operation. The Center has a new project of creating a rapid-response team of academic experts who could speak with major media reporters covering stories about the civil justice system, particularly in the areas of tort law, “tort reform,” and the insurance industry. The Center is particularly interested in counteracting news stories using misinformation and inaccuracies that are sometimes put out by proponents of “tort reform.”

Research in Progress – April 2004

Graeme Dinwoodie is working on several book chapters:

“Conflicts and International Copyright Litigation: the Role of International Norms,” to be published in Intellectual Property in the Conflict of Laws (Metzger ed. 2004).

“The Institutions of International Intellectual Property Law: New Actors, New Sources and New Structures,” to be published in Proceedings of the 98th Annual Meeting of the American Society of International Law (2004).

“Formalism and Functionality,” to be published in Concurrence and Convergence of Intellectual Property Rights (Grosheide ed. 2004).

“Patents and the Public Domain,” to be published in Commodification of Information: the Future of the Public Domain (Hugenholtz and Guibault eds., 2005) (with R. Dreyfuss).

Joan Steinman is working on the 2005 pocket parts to Volumes 14B and C of Wright et al., Federal Practice and Procedure.

Professor Steinman’s article, Irregulars: The Appellate Rights of Persons Who are Not Full-Fledged Parties, is in progress.

Richard Wright has been invited to write several entries (Causation in Tort Law; Tort Law and Insurance; Negligence; Fault; and Rationality and Reasonableness) for a forthcoming online Encyclopedia of Legal Theory that is being produced by the International Association for Philosophy of Law and Social Philosophy. He will meet with approximately 20 other internationally prominent legal theorists at the University of Lund, Sweden, in December 2004 to help structure the encyclopedia and its entries.

Professor Wright is also working on several articles and books on the basic principles of tort liability and legal reasoning and adjudication.

Publications – April 2004

Kari Aamot published a short essay, Scared Silly: How to Push Past Students’ Fear and Grade Pressure to Real Learning, 18 Second Draft: Bull. Legal Writing Inst. 10 (Dec. 2003).

Fred Bosselman has two forthcoming law review articles: A Dozen Biodiversity Puzzles, ___N.Y.U. Envtl. L.J.___ (forthcoming 2004) and Ecological Science for Lawyers,___Se. Envtl. L. Rev.___ (forthcoming 2004). Both are in the editing stage.  His book, The Role of Customary Law in Sustainable Development (with Peter Orebech), will be published by Cambridge University Press.

Graeme Dinwoodie has two forthcoming books: International and Comparative Trademark Law (Lexis Publishing, forthcoming December 2004) and International and Comparative Copyright Law (Lexis Publishing, forthcoming March 2005) (both with S. Perlmutter and W. Hennessey).

Professor Dinwoodie’s remarks to the ALAI Congress were published under the title Commitments to Territoriality in International Copyright Scholarship, in Copyright- Internet World 74 (Brügger ed. 2003).

Timothy Holbrook has published his article, Territoriality Waning? Patent Infringement for Offering in the United States to Sell an Invention Abroad, 37 UC Davis L. Rev. 701 (2004).

Laurie Leader has co-authored an article (with third year law student Melissa Burger), Let’s Get a Vision: Drafting Effective Arbitration Agreements in Employment and Effecting Other Safeguards to Insure Equal Access to Justice, 8 Employee Rights and Employment Policy J. ___ (forthcoming 2004).The article proposes court-annexed arbitrations in employment cases where the parties have reached pre- and post-dispute agreements to arbitrate.

Nancy Marder’s essay, “Cyberjuries: A Model for Deliberative Democracy?” is included in the book Online Democracy (Peter Shane ed.) Routledge, 2004.)

Michael Spak has two forthcoming law review articles: US Military Should Give Up Its Excuses and Change Its Policy of “Don’t Ask, Don’t Tell, Don’t Pursue” to Policy of Nondiscrimination on the Basis of Sexual Orientation, 80 North Dakota Law Rev. ___ (forthcoming 2004) and Effect of Military Culture on Responding to Sexual Harassment: the Warrior Mystique, 83 Nebraska L. Rev.___ (forthcoming 2004).

Joan Steinman has a forthcoming article, Shining a Light in a Dim Corner:

Standing to Appeal and the Right to Defend a Judgment in the Federal Courts, 38 Georgia Law Review ___ (forthcoming 2004). Her chapter, “Pseudonymous Suits in the USA,” will be published in a forthcoming book written in Spanish, Internet Y Poder Judicial En America Latina Y El Caribe – Reglas de Heredia (Carlos G. Gregorio & Sonia Navarro eds.).

The 2004 pocket parts of Volumes 14B and C of Wright, et al., Federal Practice and Procedure, which are concerned with the removal of cases from state to federal court and which Professor Steinman wrote, should be out any day.

Dan Tarlock has just published his article, Water Supply and Urban Growth in New Mexico: Same Old, Same Old or a New Era?, 43 Nat. Resources J. 803 (2003) (with L. Lucero).

Richard Wright has recently published two articles. The Grounds and Extent of Legal Responsibility, in Symposium on What Do Compensatory Damages Compensate?, 41 San Diego Law Review 1425 (2003, and Hand, Posner, and the Myth of the “Hand Formula”, in Symposium on Negligence in the Law (Part II), 4 Theoretical Inquiries in Law 145 (2003).