Monthly Archives: August 2004

Faculty Activities – August 2004

Lori Andrews has delivered a number of speeches over the last few months.  She spoke on her empirical study on hospital errors at a conference at DePaul University. Her topic at the Gender and Justice Conference and at the national meeting of the American Civil Liberties Union was genetic and reproductive technology and the challenges for women. She spoke on the ethics of research on and commercialization of patient tissue samples at the University of Illinois. In mid-August she made a presentation at a conference of journalists sponsored by the National Press Foundation on the ethical and social challenges in the bioengineering era.

Lori, along with Nigel Cameron, received a federal earmark from Congress to launch an institute dedicated to the research and dissemination of information on emerging technologies such as nanotechnology, reproductive technologies, cloning, gene patents and issues relating to genetic discrimination.

In April, Lori was a co-recipient of the “Above and Beyond” Award from National Tay-Sachs and Allied Diseases Association. In May, she was the commencement speaker at the University of Illinois College of Medicine. Her co-authored article in Science, based on her research with collaborators at the Chicago Historical Society, the University of Illinois, the McCrone Institute and other Chicago institutions, led to her being interviewed by reporters from around the globe.

Ralph Brill attended the 29th anniversary meeting of the Legal Writing Institute in Seattle, Washington. Professor Brill was a member of the first Board of Directors of the Institute.

At the meeting, announcement was made that Professor Brill has been chosen to receive this year’s Thomas Blackwell Award for his contributions to the growth of the Legal Writing field. The presentation of the award will be made in January 2005 at the Annual Meeting of the Association of American Law Schools in San Francisco.

Evelyn Brody is now Reporter (co-Reporter until March 2004) for the American Law Institute’s Project on Principles of the Law of Nonprofit Organizations. She recently drafted material on the governance of nonprofit organizations, including the standards of conduct, appropriate structures, and enforcement of fiduciary duties. Preliminary Draft No. 2 (May 2004) was discussed by the Project’s Advisers and Members Consultative Group in June 2004 in Chicago.

At the invitation of U.S. Senate Finance Committee staff, on July 22, 2004, Professor Brody made a written submission to, and was one of 16 speakers at, a roundtable discussion of the staff’s draft proposals relating to tax-exempt organizations.

On August 10, 2004, Professor Brody, Secretary of the American Bar Association Section of Taxation, was named chair of the Section’s Teaching Taxation Committee through May 2005.

Professor Brody was the keynote speaker for the Fourth Annual Nonprofit Executive Roundtable, and presented a faculty workshop, for a visit as the Nonprofit Studies Program Annual Distinguished Scholar, Andrew Young School of Policy Studies, Georgia State University in Atlanta, May 4-5, 2004.

At the invitation of a working group of the New York State bar, on March 29, 2004, Professor Brody participated in a workshop, held at New York University School of Law, to discuss possible reforms of the New York Not-for-Profit Corporation Act.

The multi-disciplinary volume that Professor Brody edited, Property-Tax Exemption for Charities: Mapping the Battlefield (Urban Institute Press, 2002) was favorably reviewed in the last year by Rob Atkinson, 33 Nonprofit & Voluntary Sector Q. 161 (March 2004); 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. Am. Tax’n Ass’n 131 (Spring 2003).

Bartram Brown was a Visiting Fellow at the Lauterpacht Centre for Research in International Law at the University of Cambridge January 15-July 31, 2004. On February 11, 2004, he presented a paper, “The Complementary Jurisdiction of the International Criminal Court and the Balance Between State Responsibility and Individual Criminal Responsibility” at University College, London.

On March 12, 2004, Professor Brown presented a paper “Balancing the Duties of the Occupying Power with Regard to Peace and Justice” at Rethinking Reconstruction after Iraq, a conference organized at the University of California, Davis School of Law.

On April 16-17, 2004, Professor Brown returned briefly to Chicago to present a paper, “Human Rights, Sovereignty and the Final Status of Kosovo,” as part of a conference, The Final Status of Kosovo, held here at Chicago-Kent.

From April 19-30, Professor Brown taught a course on International Law at Peking University in China, as part of the Chicago-Kent LLM program.

Professor Brown lectured in Almaty, Kazakhstan June 19-24, 2004, on fair trial rights under the International Covenant on Civil and Political Rights. This lecture was part of a U.S. Department of Justice Conference on Priority Criminal Justice Sector Reforms in Kazakhstan for judges, prosecutors and lawyers from Kazakhstan, Tajikistan and Russia. This program was geared towards assisting those countries with the reform of their criminal procedure codes.

From July 10-14, Professor Brown taught part of the annual summer course on the International Criminal Court at the Irish Centre for Human Rights at the Irish National University, Galway. At a subsequent conference on Accountability for Atrocities, also held in Galway on July 15-16, he chaired the panel on Prosecutorial Discretion in International Tribunals.

Professor Brown chaired a discussion of Michael Walzer’s classic book Just and Unjust Wars, by UK members of the Council on Foreign Relations (New York). The discussion was held in London on July 28.

In August Professor Brown was named to the National Steering Committee of Amnesty International USA’s Program Against the Death Penalty.

Graeme Dinwoodie presented “Convergence of Rights: The Concerns of the U.S. Supreme Court,” at the Congress of the Association of Teachers and Researchers in Intellectual Property, Utrecht, The Netherlands in July 2004. “Patents and the Public Domain,” was his topic for a Workshop on Commodification of Information: The Future of the Public Domain, Institute for Information Law, University of Amsterdam, also in July (with Rochelle Dreyfuss).

In June 2004, Professor Dinwoodie spoke on “Trademarks and Territory: Detaching Trademark Law From the Nation-State,” at University of Houston’s Santa Fe Conference on Trademark in Transition, Santa Fe. In May 2004, he presented “Kellogg v. Nabisco: Dual Uses of Trademarks,” at the Intellectual Property Stories Conference, Napa Valley.

Professor Dinwoodie spoke on “Developing International Intellectual Property Law: Achieving the Right Mix of Substance and Process,” at the Intellectual Property Scholarship Workshop, University of San Francisco School of Law, in April 2004.

“The Trademark Jurisprudence of the Rehnquist Court,” was The Honorable Helen Wilson Nies Memorial Lecture on Intellectual Property Law at Marquette University Law School, in April 2004.

Vivian Gross was in Kosovo in late June-early July 2004, at the invitation of the American Bar Association Central European and Eurasian Law Initiative (ABAS/CEELI) to help establish a law school clinic for the Law Faculty at the University of Pristina. The clinic would be a valuable supplement to the traditional theoretical curriculum. She wrote a grant to provide the seed money needed for the clinic’s start and also designed the clinic’s structure and format. Students will work on both civil and criminal cases. The clinic will provide skills training to students while at the same time providing reduced legal fee and pro bono services to Kosovars. ABA/CEELI has just awarded the money, so Professor Gross will return in the Fall to review the curriculum and train the clinical faculty.

Philip Hablutzel spent three weeks at Beijing University in May 2004 teaching a course in U.S. Business Organizations for attorneys from the Beijing Bar Association. Professor Hablutzel was appointed in February 2004 to a three-year term as a public member of the Business Conduct Committee of the Chicago Board Options Exchange. There are three public (non-industry) members on the 14-member committee. The Committee administers the disciplinary procedures of the Exchange.

Dan Hamilton will present a paper on October 2 at the 2004 Law and Society Retreat at the University of Wisconsin Law School. His paper is entitled: “The Limits of Sovereignty: Property Confiscation in the Union and the Confederacy,” and is part of a panel on legal history chaired by Professor Arthur McEvoy. On October 22, he will present a paper on Civil War property confiscation at the Boston University School of Law as part of its legal history series.

Steven Harris spoke in Boston in June 2004 at the ALI-ABA Special Conference on Uniform Commercial Code Article 9.

Steven Heyman participated in a panel at the Law and Society Association Annual Meeting in Chicago in May 2004, commenting on Professor Kevin Saunders’s new book, Saving Our Children from the First Amendment (NYU Press, 2003).

Professor Heyman’s articles on Freedom of Speech, the Second Amendment, and the Fourteenth Amendment have recently been cited in judicial opinions by the Fifth, Seventh, and Ninth Circuits and the U.S. District Court for the Eastern District of Pennsylvania.

Claire Hill will give a talk on “Optimal Trust” at the Canadian Law and Economics Association meeting in Toronto in September 2004. She will speak at the Colloquium on Market Institutions and Economic Processes at New York University in November 2004.

Professor Hill will organize a symposium, “Must We Choose Between Rationality and Irrationality?” for the Chicago-Kent Law Review, to be co-sponsored by the Gruter Institute and the Society for Evolutionary Analysis in Law. Professor Hill will give a talk at the symposium, to be held in November 2004. In Summer 2004, Professor Hill spoke at the Gruter Institute Conference.

Professor Hill organized two sessions at the Law and Society Association Annual Meeting in May 2004, one on “Hot Topics in Law and Economics,” and the other on “Law and Economics Meets Law and Society.” She gave three talks at the Annual Meeting: “Optimal Trust,” “The Next Wave of Behavioral Law and Economics,” and comments on Fred Schauer’s new book on stereotyping and profiling.

Timothy Holbrook was a visiting professor at Washington University School of Law in St. Louis in 2004. He presently serves on the Board of Directors for the AIDS Legal Council of Chicago, which provides legal services for those with HIV and AIDS.

Nancy Marder served as a discussant on a panel entitled “Cutting-Edge Jury Research” at the Law and Society Annual Meeting held in Chicago May 27-30, 2004. Recently, Professor Marder became a member of the Civil Justice Resource Group of the Center for Justice and Democracy. She serves as a peer reviewer for the National Science Foundation and the journal Law & Policy.

Michael Pardo presented a paper, “The Field of Evidence and the Field of Knowledge,” at the June 2004 Stanford/Yale Junior Faculty Forum, in the Jurisprudence and Philosophy category.

Henry Perritt co-chaired, with Andrew Wachtel, Dean of the Graduate School at Northwestern University, a Symposium on Final Status for Kosovo, which was held April 16-17, 2004, at Chicago-Kent. Speakers from Kosovo, Serbia, other parts of Europe, and the United States discussed the political, economic, and legal factors that will determine Kosovo’s future legal status and the conditions of termination of the United Nations political trusteeship there. Perritt and Wachtel authored a report on the Symposium, which is available at, and the Chicago-Kent Law Review will publish an issue this Fall dedicated to the formal papers presented.

Professor Perritt led a discussion on “Building Democracy in Former Dictatorships” at a dinner seminar hosted by Robert Pritzker at the Chicago Council on Foreign Relations.

Mark D. Rosen recently testified before the U.S. House Committee on the Judiciary concerning the constitutionality of H.R. 1755, the “Child Custody Protection Act.”

Carolyn Shapiro participated in a panel at the University of Chicago on May 4, 2004. The panel, “The Electronic Vote,” was sponsored by the ACLU of Chicago and campus organizations including the Human Rights Program, College Republicans, UC Dems, and the University of Chicago Law Student ACLU Chapter. Professor Shapiro spoke about the practical and legal problems with several voting technologies, in particular punch card ballots. Her comments focused on the significant numbers of votes (particularly among minority voters) that are lost when punch card ballots are used.

Dan Tarlock spoke on incorporating international environmental law into the basic domestic environmental law course at the Association of American Law Schools Mid-Year Meeting in Portland, Oregon in June 2004.

Richard Wright participated in the discussions of drafts of the Restatement Third of Agency and the Restatement Third of Torts at the Annual Meeting of the American Law Institute in May 2004.

Research in Progress – August 2004

Bartram Brown is currently working on an article on The Complementary Jurisdiction of the International Criminal Court and the Balance Between State Responsibility and Individual Criminal Responsibility.

Martin Malin (together with University of Kansas Psychology Professor Monica Biernat) has been awarded a grant from the National Academy of Arbitrators Research Foundation for a project entitled, “An Empirical Investigation of Factors Affecting Outcomes of Discipline Arbitrations Where Work and Family Responsibilities Conflict.”

Joan Steinman is co-authoring the 2nd edition of a casebook on Appellate Courts, along with Dan Meador, Professor of Law Emeritus at the University of Virginia, and Thomas Baker, a law professor at Florida International University.

Dan Tarlock is currently working on a chapter in the Foundation Series, “Stories.” His chapter is about a leading environmental law case.

Professor Tarlock will spend a leave (earned) in the Fall 2004 Semester to start work on a book, co-authored with Professor Holly Doremus of the University of California, Davis, on water and endangered species conflicts, which will be published by Island Press.

Publications – August 2004

Lori Andrews has several recent articles and chapters:

Constructing Ethical Guidelines for Biohistory, 304 Science 215-216 (April 9, 2004).

“Legislators as Lobbyists: Proposed State Regulation of Embryonic Stem Cell Research, Therapeutic Cloning, and Reproductive Cloning”, in Monitoring Stem Cell Research: A Report of the President’s Council on Bioethics, 199-224 (Washington, D.C.: U.S. Government Printing Office, 2004).

“Mom, Dad, Clone: Implications for Reproductive Privacy,” in Reproductive Technologies: Readings in Bioethics, (Rowman & Littlefield Publishers, Inc., 2004, edited by Thomas A. Shannon).

Evelyn Brody published her article, Whose Public?: Parochialism and Paternalism in State Charity Law Enforcement, 79 Ind. L. J. 937 (2004).

Bartram Brown published an article, Barely Borders: Issues of International Law, in 26 Harv. Int’l Rev. 52 (Spring 2004),a symposium issue on “Interventionism: Policing The World.”

Professor Brown’s article Human Rights, Sovereignty and the Final Status of Kosovo, will be published later in 2004 by the Chicago-Kent Law Review. Professor Brown’s paper, Balancing the Duties of the Occupying Power with Regard to Peace and Justice,” will be published in early 2005 by the University of California Davis Journal of International Law and Policy.

Graeme Dinwoodie published his casebook, Trademarks and Unfair Competition: Law and Policy (Aspen Law Publishing, 2004) (with Mark Janis).

Professor Dinwoodie also published several articles: The Seventh Annual Honorable Helen Wilson Nies Memorial Lecture on Intellectual Property Law: The Trademark Jurisprudence of the Rehnquist Court, 8 Marq. Intell. Prop. L. Rev. 187 (2004).

International Intellectual Property Law and the Public Domain of Science, 7 J. Int’l Econ. L. 431 (2004) (with Rochelle Dreyfuss).

Private Ordering and the Creation of International Copyright Norms: The Role of Public Structuring, 160 J. Instit. and Theoretical Econ. 161 (2004).

Suzanne Ehrenberg recently published her article, Embracing the Writing-Centered Legal Process, 89 Iowa L. Rev. 1159 (2004).

Richard J. Gonzalez published his article, Depositions in the Age of Summary Judgment, 40 Trial 20 (August 2004). The article describes deposition techniques which address changes in employment discrimination litigation.

Nancy Marder completed her book, Jury Process, which will be published by Foundation Press in Spring 2005.

Sheldon Nahmod has published the 2004 Update to his two-volume treatise, Civil Rights and Civil Liberties Litigation: The Law of Section 1983, 4th ed. (West Group, 1997, 2004). His casebook (with Wells and Eaton), Constitutional Torts (2nd ed. 2004) and an accompanying teacher’s manual, was published by LexisNexis.

Professor Nahmod’s article, Private Party Defenses to Section 1983 Liability, is forthcoming in Cardozo Law Review. His article, The Pledge as Sacred Political Ritual, is currently under consideration for publication by various law reviews.

Michael S. Pardo has a forthcoming article, The Field of Evidence and the Field of Knowledge, __ Law and Phil. __ (forthcoming 2005).

Henry Perritt has published two articles: Economic Sustainability and Final Status for Kosovo, 25 U. Pa. J. Int’l Econ. L. 259 (2004) and Structures and Standards for Political Trusteeship, 8 UCLA J. Int’l L. & For. Aff. 385 (2003). Structures and Standards synthesizes benchmarks for successful international intervention, drawing on experiences in Bosnia, Kosovo, East Timor, Afghanistan and Iraq.

Professor Perritt has two forthcoming articles. Iraq and the Future of United States Foreign Policy: Failures of Legitimacy, 31 Syracuse J. Int’l L. & Com. ___ (forthcoming, Fall 2004) and Providing Judicial Review for Decisions by Political Trustees, has been accepted by the Duke Journal of Comparative and International Law.

Mark Rosen has a forthcoming article, The Surprisingly Strong Case for Tailoring Constitutional Principles, 153 U. Pa. L. Rev. ___ (forthcoming Spring 2005).

Professor Rosen also has two recently published articles: Exporting the Constitution, 53 Emory Las . J. 172 (2004) and Should “Un-American” Foreign Judgments Be Enforced?, 88 Minn. L. Rev. 783 (2004).

In Search of the Peaceable Kingdom (a book review) will be published in 20 Const. Comm.___ (forthcoming, 2004) (reviewing Carol Weisbrod, Emblems of Pluralism). Professor Rosen also published a short symposium contribution, Do Codification and Private International Law Leave Room for a New Law Merchant? 5 Chicago J. Int’l L. 83 (2004)

Jeffrey Sherman is expanding his research and teaching interests into the field of Law and Literature. He has recently published A Tax Teacher Tries Law and (Dramatic) Literature, 37 Suffolk U. L. Rev. 255 (2004), and his article, Law’s Lunacy: W.S. Gilbert and His Deus ex Lege has been accepted for publication in the Oregon Law Review.

Joan Steinman published Shining a Light in a Dim Corner: Standing to Appeal and the Right to Defend a Judgment in the Federal Courts, as the lead article in 38 Ga. L. Rev. 813 (2004). The sequel, Irregulars: The Appellate Rights of Persons who are Not Full-Fledged Parties, will be published in 39 Ga. L. Rev. ___. Professor Steinman also authored the 2004 Pocket Parts for two volumes of the Wright & Miller treatise, Federal Practice and Procedure, and is working on the 2005 Pocket Parts.

Dan Tarlock published Water Law Reform in West Virginia: The Broader Context, 106 W. Va. L. Rev. 495 (2004) and Is There a There There in Environmental Law?, 19 Fla. St. J. Land Use & Envtl. L. 213 (2004). Both of these articles are the published versions of endowed lectures delivered in October, 2003.

Alex Tsesis’s recent article, Furthering American Freedom: Civil Rights & the Thirteenth Amendment, 45 B. C. L. Rev. 307 (2004), will be reprinted in Civil Rights Litigation and Attorney Fees Annual Handbook (Steven Saltzman ed., forthcoming Dec. 2004).