Monthly Archives: February 2005

Faculty Activities – February 2005

Lori Andrews recently attended the Sundance Film Festival where she was featured in “Frozen Angels,” a documentary about reproductive technologies which was chosen for the competition. Her other recent appearances include talks on gene patents, pharmacogenomics, and health care law at the University of Chicago; gene patents at Cedars-Sinai Medical Center in Los Angeles; and science, law, and the arts, at Amherst College.

She was interviewed by many newspapers and magazines, including the Chicago Tribune, Washington Post, and Chicago Daily Law Bulletin, and television shows, including Good Morning America.

Ralph Brill received the Tom Blackwell Award at a meeting of the Association of Legal Writing Directors and the Legal Writing Institute in January. The award honors “the life of Thomas F. Blackwell for his personal and professional qualities as a Legal Writing educator. The Legal Writing Institute and the Association of Legal Writing Directors jointly give this award to recognize a person who has made an outstanding contribution to improve the field of Legal Writing by demonstrating: the ability to nurture and motivate students to excellence; willingness to help other Legal Writing educators improve their teaching skills or their Legal Writing Programs; and the ability to create and integrate new ideas for teaching and motivating Legal Writing educators and students.”

Elizabeth De Armond gave a presentation on “The FACT Act: Changes to the Fair Credit Reporting Act,” at the National Consumer Law Center’s Consumer Rights Litigation Conference in November 2004.

Graeme Dinwoodie presented “Trademarks and Territory: Detaching Trademark Law From the Nation-State,” at both a Faculty Workshop, University of Indiana at Bloomington School of Law, Bloomington, in November 2004 and the Seminar on High Technology Law at Stanford Law School in December 2004.

“International Distribution of Informational Products: The Legal Framework,” was his topic at the Seminar on International Marketing of Informational Products, University of Arizona College of Law, Tucson, in November 2004.

Professor Dinwoodie spoke on “Trademarks and Territory: Detaching Trademark Law From the Nation-State” and “Trademark Law and Social Norms,” at the Intellectual Property Scholarship Seminar, University of California at Berkeley, Boalt Hall School of Law in December 2004.

Philip Hablutzel was reappointed in January 2005 to a second year’s term as a public member of the Business Conduct Committee of the Board of Directors of the Chicago Board Options Exchange. The thirteen member committee has four public members and nine members drawn from financial services firms and CBOE floor traders. Under SRO (Self Regulatory Organization) authorization from the Securities Exchange Commission, the Business Conduct Committee hears and decides cases of alleged rule violations at the CBOE.

On January 8, 2005, Professor Hablutzel was re-elected as a member of the Executive Committee of the Financial Services section of the Association of American Law Schools.

Dan Hamilton presented a paper at the American Bar Foundation on January 19, 2005, as part of the Foundation’s Seminar Series.  His topic was “The Limits of Sovereignty: Property Confiscation in the Civil War.” In March Professor Hamilton will speak at the University of Cincinnati Law School. He was recently named an Affiliated Scholar at the Institute for Law and Society at the University of Wisconsin Law School, and also Associate Director of the Institute for Law and Humanities at Chicago-Kent.

Steven Harris continues to serve as the Commercial Law Coordinator of the United States delegation to the International Institute for the Unification of Private Law (UNIDROIT) with respect to two draft Protocols to the Cape Town Convention on International Interests in Mobile Property. In that capacity he recently attended a meeting of the Rail Registry Task Force in Brussels and a meeting of the Committee of Governmental Experts (on Space Property) in Rome.

Claire Hill will speak on “What Does the New Economics of Identity Have to Say to Legal Scholarship?” at the University of British Columbia. This also will be her topic at the Berkeley Law and Economics workshop. Professor Hill is currently organizing a conference on Categorization for the Law and Society Association.

Timothy Holbrook presented his paper, “Curing Heterosexuality? Moral Signals and the Potential for Expressive Impacts in Patent Law,” at the Reenvisioning Law Colloquium at the University of Houston Law Center on On January 27, 2005.

On March 7, 2005, Professor Holbrook will participate in the 7th Annual Richard C. Sughrue Symposium on Intellectual Property Law and Policy at the University of Akron School of Law. His talk, “The Calm Before the Storm–A Quiet Year in Patent Law…or Not?,” will discuss last year’s developments in patent law. He also will serve on a panel discussing the pending en banc decision in the case Phillips v. AWH Corp., which addresses the appropriate methodology for construing patent claims.

On March 18, 2005, Professor Holbrook will participate in a symposium at the University of Pittsburgh School of Law, “Where IP Meets IT: Technology and Law.” He will comment on a paper by Professor Craig Nard of the Case Western Reserve University School of Law entitled “Constitutionalizing Patents.”

Harold Krent delivered the Fellowship Award Speech at the National Association of Administrative Law Judges in November 2004. In October 2004 he discussed “International Resolution of IP Disputes” at the Shanghai IP Conference.

Laurie Leader spoke on a panel at the Chicago Bar Association Alliance for Women meeting on January 29, 2005. Her topic concerned issues facing women lawyers.

Martin Malin spoke on “The Evolving Role of the Labor Arbitrator,” as part of a symposium on “The Collision between Legal Ethics and ADR,” at the Ohio State University Moritz College of Law on January 20, 2005. His paper, coauthored with arbitrator Jeanne Vonhof, will appear in the symposium issue of the Ohio State Journal on Dispute Resolution later this year.

Nancy Marder was named Chair of the Civil Procedure Section of the Association of American Law Schools in January 2005. In March 2005, Professor Marder will speak at the American Judicature Society’s conference on the jury. She will participate in two panels. The first is entitled “The New ABA Jury Trial Standards: ‘Innovations’ Go Mainstream?” and the second is “Juries and Technology: What Lies in Store, and Will It Constitute an Improvement?”

Also in March, Professor Marder will present her paper “The Medical Malpractice Debate: The Jury as Scapegoat” at the Eighth Annual Conference of the Association for the Study of Law, Culture, and the Humanities at the University of Texas Law School. In April, Professor Marder has been invited to speak at the “National Seventh Amendment Summit” sponsored by the American Board of Trial Advocates and the Federation of Defense and Corporate Counsel.

Sheldon Nahmod spoke at a Defense Research Institute civil rights program, held in San Diego on Thursday, Jan. 27, 2005. His topic was “Substantive Due Process.” He will speak to the Fourth Circuit Conference on March 7, 2005, in Williamsburg, Virginia, on Section 1983. He will also speak on Section 1983 to newly confirmed federal judges in Washington, D.C., on April 7, 2005.

Federal judicial appointments will be Professor Nahmod’s topic at a Jewish Federation luncheon on February 7, 2005. On March 20, 2005 he will speak about the First Amendment at Temple Israel in Skokie. The Pledge of Allegiance and the First Amendment will be the topic when Professor Nahmod travels to Austin, Texas  to speak at the Annual Conference on Law and the Humanities on March 12, 2005.

In April, he will speak on the “First Amendment and the Nazi March on Skokie” at a special program of the Chicago Jewish Historical Society.

Henry Perritt and four law students spent ten days in Kosovo during the winter break. Two of the students and Professor Perritt interviewed soldiers and commanders for his forthcoming book on the evolution of the Kosovo Liberation Army as an example of a popular insurgency in a predominantly Muslim nation. The two other students continued efforts begun in previous semesters to develop international tourism in Kosovo. The new Prime Minister of Kosovo, Ramush Haradinaj, spent nearly two hours with the team.

On January 25, 2005, Professor Perritt led a discussion sponsored by the Council on Foreign Relations about Niall Ferguson’s proposal that the United States embrace the idea that it is an imperial nation. On January 27, Professor Perritt gave the keynote address at a conference in New York, sponsored by New York Law School, on how trade unions can exert economic pressure through the Internet.

Professor Perritt was recently appointed to the Membership Committee of the Council on Foreign Relations by the Council’s president, Richard Haas. Professor Perritt has been a member of the Council on Foreign Relations since 1997.

Dan Tarlock has been designated a Lifetime National Associate of the National Academy of Sciences in recognition of “extraordinary service” to the NAS, a private, nonprofit society of distinguished scholars engaged in scientific and engineering research, and dedicated to the furtherance of science and technology and to their use for the general welfare. According to an 1863 congressional charter, the NAS has a mandate to advise the federal government on scientific and technical matters.

Richard Warner gave a talk, “Privacy: Law and Ethics,” at the University of Illinois Computer Science Department on January 17, 2005. On January 28 he spoke to the Polish Advocates Society on “Poland Today.”

Professor Warner is organizing and speaking at “Poland Without Corruption,” an activity of the Center for Business Responsibility, of which he is the Director. The Center is located at the Catholic University of Lublin.

“Technology Law,” a certificate program directed by Professor Warner, begins March 2 at Chicago-Kent and runs for ten Wednesdays.

Richard Wright participated in an organizational meeting and working seminar on the online Encyclopaedia of Jurisprudence, Legal Theory and Philosophy of Law, a project of the International Association for Philosophy of Law and Social Philosophy, at the University of Lund, Sweden, December 12-13, 2004.

Research in Progress – February 2005

Graeme Dinwoodie is working on the second edition of the casebook International Intellectual Property Law And Policy (with S. Perlmutter and W. Hennessey).

Steven Heyman is at work on a book on the history and theory of the First Amendment.  The book, entitled Free Speech and Human Dignity: A Rights-Based Theory of the First Amendment, will be published by the Yale University Press in 2007.

Nancy Marder has been invited to contribute an article for a symposium issue of the Notre Dame Law Review on federal practice and procedure. The article she is in the midst of writing is entitled “Bringing Jury Instructions Into the Twenty-First Century.”

Publications – February 2005

Lori Andrews has published her book chapter, The Body as Property in the Biotech Era, in Identity in a Digital Age (Berlin, Germany: Bundes Druckerei, 2004).

Her article on genetic research on the Havasupai has been published, Havasupai Tribe Sues Genetic Researchers, 4 L. & Bioethics Rep. 10-11 (2004).

Professor Andrews has an article on gene patents forthcoming in the Yale Journal of Health Policy, Law & Ethics.

Graeme Dinwoodie has now published his article, Trademarks and Territory: Detaching Trademark Law From the Nation-State, 41 Hous. L. Rev. 885 (2004) (symposium issue).

Professor Dinwoodie has three chapters in forthcoming books:

Patenting Science: Protecting the Domain of Accessible Knowledge, in Commodification of Information: The Future of the Public Domain (Hugenholtz and Guibault eds., 2005) (with Rochelle Dreyfuss).

The Rational Limits of Trademark Law (plus 2005 Postscript), in U.S. Intellectual Property: Law and Policy (Hugh Hansen ed., 2005).

Kellogg v. National Biscuit Company: Over-use, Misused, and Under-Used, in Intellectual Property Stories (Dreyfuss and Ginsburg eds., 2005).

Howard Eglit has published his book, Elders on Trial: Age and Ageism in the American Legal System (University Press of Florida, 2004).

Claire Hill has had her paper, “Regulating the Rating Agencies” selected for inclusion in the Securities Law Review, a book published annually with the best articles in the field, as determined by the editor.

Harold Krent has published his book, Presidential Powers (New York University Press, 2005).

Laurie Leader’s article, (with Melissa Burger) Let’s Get a Vision: Drafting Effective Arbitration Agreements in Employment and Effecting Other Safeguards to Insure Access to Justice, was published in Vol. 8, No. 1 of the Employee Rights and Employment Pol’y J. (2004).

Martin Malin’s article, What a Mess! The FMLA, Collective Bargaining and Attendance Control Plans, (coauthored with arbitrator Jeanne Vonhof) was published in the Fall 2004 issue of the Ill. Pub. Emp. Rel. Rep.

Nancy Marder’s book, The Jury Process (Foundation Press, 2005), has been published.

Her article, The Medical Malpractice Debate: The Jury as Scapegoat, is forthcoming in ___ Loy. L.A. L. Rev. ___ (2005) (symposium issue).  Her review, Teaching Through Stories, is forthcoming in ___ J. Legal Educ. ___ (2005).

Professor Marder’s essay, The Jury as a ‘Free School’ for Democracy, also is forthcoming in ___ Insights on L. & Soc’y ___ (2005), a magazine published by the American Bar Association for high school teachers. With this essay, Professor Marder hopes to reach a broader audience, who will in turn teach high school students about the importance of the American jury system.

Terry McElwee has a forthcoming book, Licensing Intellectual Property, (with J. Dratler, F. Hammersley, J. McManus, K. Port, & B. Wrigley) Carolina Academic Press, 2nd ed, forthcoming May 2005. Professor McElwee is Associate University Counsel at University of Illinois-Chicago and is teaching classes as an Adjunct Professor at Chicago-Kent.

Sheldon Nahmod has published his article, The Emerging Section 1983 Private Party Defense, 26 Cardozo L. Rev. 81 (2004).

David Rudstein has publiswrohed his book, Double Jeopardy: A Reference Guide to the United States Constitution (Praeger Publishers, 2004). It is part of a 37-volume series on the United States Constitution.

The 2004 update to Professor Rudstein’s 3-volume treatise on Criminal Constitutional Law (with C. Peter Erlinder & David Thomas) was published in November by Matthew Bender & Co. C. Peter Erlinder, a graduate of Chicago-Kent, is now a Professor of Law at William Mitchell College of Law and David Thomas is a member of the faculty at Chicago-Kent.

Alex Tsesis has published his second book, The Thirteenth Amendment and American Freedom: A Legal History (New York University Press, 2004).

His article, Furthering American Freedom: Civil Rights & the Thirteenth Amendment, 45 B.C. L. Rev. 307 (2004) was reprinted in Civil Rights Litigation and Attorney Fees Annual Handbook (Steven Saltzman ed., Thomson Publishing, 2004).

Professor Tsesis has accepted an offer to publish a book review for the Harvard Latino Law Review.

Richard Warner’s article, Privacy and Identity: The Impact of Surveillance on the Self, is forthcoming at ___ DePaul L. Rev. ___.

Richard Wright’s article, Causation, Responsibility, Risk, Probability, Naked Statistics, and Proof: Pruning the Bramble Bush by Clarifying the Concepts, 73 Iowa L. Rev. 1001 (1988), has been translated into Italian in Federico Stella, I Saperi del Giudice (Judge’s Knowledge) (2004).