Monthly Archives: August 2005

Faculty Activities – August 2005

Kari Aamot, Douglas Godfrey, Sanford Greenberg, Keith Ann Stiverson, Mary Rose Strubbe: Future of Legal Research Conference. On May 13-14, 2005, Chicago-Kent hosted the Future of Legal Research Conference, which grew out of an empirical research project in which Chicago-area attorneys and law librarians were surveyed about changing research resources. Tom Gaylord and Sanford Greenberg presented the survey results and visiting speakers included Laurel Oates, Director of the Research and Writing program at Seattle University; Bob Berring, Director of the Law Library at the University of California at Berkeley; Paul Callister, Director of the Law Library at UMKC and John Mayer, Director of CALI. The Conference was attended by more than 120 faculty and librarians from law schools nationwide.

Susan Adams taught Introduction to the American Legal System and lectured on Terrorism and U.S. Immigration Policy to PhD students at the University of Trento.

Bernadette Atuahene has been invited to participate in the Childress Lecture Symposium, which is the main academic event at Saint Louis University. Carol Rose of Yale Law School will deliver the keynote lecture on “Privatization and Democratization” and Professor Atuahene will be one of six respondents. The symposium papers will be published in the St. Louis University Law Journal.

Elizabeth De Armond gave a talk entitled “FACTA: Who’s New to Sue?” at the National Association of Consumer Advocates’ annual Fair Credit Reporting Act conference in June 2005.

Graeme Dinwoodie presented “Reconciling Intellectual Property and Competition: The Protection of Spare Parts in the United States and the European Union” at the Conference on Free Trade, Competition, and the Enforcement of Intellectual Property in a Global Economy, at University of Maastricht, The Netherlands in May 2005.

Professor Dinwoodie participated in a workshop discussion among scholars from a number of disciplines at a Trademark Workshop at Emmanuel College, University of Cambridge, in July 2005.

Howard Eglit’s new book, Elders on Trial: Age and Ageism in the American Legal System, was favorably reviewed recently in a 19-page student review in Marquette Elder’s Advisor (a journal of Marquette Law School ) and a 3-page review by Professor Marshall Kapp, Garwin Distinguished Professor of Law and Medicine, SIU School of Law, in The Gerontologist, the journal of the Gerontological Society of America.

David Gerber lectured at the Society for Advanced Studies in Law of the British Institute for International and Comparative Law in London in June 2005. His topic was “Thinking about Competition Law: a Global Perspective.”

Professor Gerber then gave two sets of lectures in the PhD and LLM programs, respectively, of the faculty of law of the University of Trento in Italy. The lectures were on competition law in global markets and the development of competition law in Europe and the United States.

On June 17 he gave a public lecture at Bocconi University in Milan, Italy. His topic was “Global Perspectives on Competition Law.”

Douglas Godfrey was appointed by the Illinois Supreme Court as the faculty reporter for the Complex Litigation Committee.

Sanford Greenberg presented the preliminary results of the attorney survey on legal research at Chicago-Kent’s symposium on the Future of Legal Research on May 13, 2005. Along with Douglas Godfrey, he is preparing an article related to this survey.

Philip Hablutzel was appointed to the Corporation, Securities and Business Law Section Council of the Illinois State Bar Association.

Dan Hamilton commented on a paper at the American Political Development workshop at the University of Chicago in May 2005. In October he will present a paper on property confiscation in the Civil War at the annual meeting of the American Society for Legal History in Cincinnati.

Steven Harris spoke on “Globalization of Commercial Law” at an Association of American Law Schools Conference in Montreal in June 2005. He also was on the faculty of the Special Advanced American Law Institute-American Bar Association Conference on Article 9 of the Uniform Commercial Code in Chicago in June.

Timothy Holbrook presented “Enabling Enablement in Patent Law” at the 5th Annual Intellectual Property Scholars Conference, hosted by Cardozo Law School in New York City on Aug. 11, 2005. This also will be his topic at a Faculty Workshop at Marquette University Law School in Milwaukee on Oct. 18, 2005.

Professor Holbrook is is serving as a commentator at the conference entitled “Third-Party Liability on Intellectual Property Law” at Santa Clara Law School on Oct. 7, 2005.

He will be a commentator at the Markey Symposium on “Innovation and its Discontents: Patents and Innovation Policy in the 21st Century” to be held on October 14, 2005 at John Marshall Law School in Chicago.

Martin Malin, together with University of Kansas Professor of Psychology Monica Biernat, presented a paper entitled, “An Empirical Investigation of Factors Affecting Outcomes of Discipline Arbitrations When Work and Family Responsibilities Conflict,” to the Annual Meeting of the National Academy of Arbitrators in May 2005. He also moderated a panel discussion of Neutrality and Card Check Agreements at the NAA Annual Meeting.

Professor Malin presented the Second Report on the Neutrality Project to the Association of Labor Relations Agencies Annual Meeting in July 2005. Professor Malin serves as the Reporter for the ALRA Neutrality Committee which is drafting a treatise on labor relations agency neutrality.

Nancy Marder presented a paper entitled “Bringing Jury Instructions Into the Twenty-First Century” at a conference on Clarity and Obscurity in Legal Language. The conference, held in Boulogne-sur-Mer, France from July 5-9, 2005,  brought together academics, lawyers, and policy-makers from all over the world and was conducted in both French and English.

In September, Professor Marder will present a paper on peremptory challenges at a conference on The Jurisprudence of Justice Stevens. The conference, to be held at Fordham University School of Law in New York City, is in honor of Justice Stevens, who will be attending. Many of the participants, including Professor Marder, clerked for Justice Stevens and are now in academia.

Sheldon Nahmod held the 22nd annual two-day Section 1983 Civil Rights Litigation Conference at Chicago-Kent in April 2005. Over 200 lawyers and federal law clerks were in attendance.

Professor Nahmod spoke on civil rights at the annual convention of the NAACP in Milwaukee, Wisconsin, on July 11, 2005. He also spoke twice in Boston to federal judges at a program sponsored by the Federal Judicial Center on July 27 and 28, 2005. His topics there were “Substantive Due Process” and “Procedural Defenses in Civil Rights Cases.”

In July 2005, Professor Nahmod attended a conference held in Germany on the Nuremberg laws, the Nazi rallies in Nuremberg and the Nuremberg trials.

Kristen Osenga presented her paper, “Linguistics and Claim Construction: Why the Federal Circuit’s Approach in Phillips v. AWH Corporation Is Unlikely to Uncover a Claim’s True Meaning,” at the 5th Annual Intellectual Property Scholars Conference at Cardozo School of Law on August 11-12, 2005.

Henry Perritt continued work on his book about the Kosovo Liberation Army, spending two weeks in Kosovo in late June and early July, interviewing senior strategists and ordinary soldiers for the KLA. Upon returning, he interviewed KLA fund raisers in Detroit, New York and Chicago and some KLA fighters who settled in the United States after the war. He also has interviewed two general officers of the United States Army, and KLA fundraisers. The forthcoming book tells the story of the KLA–one of the most successful insurgencies of the 20th Century–and evaluates the KLA experience and literature on insurgencies to determine what lessons can be learned for U.S. foreign policy.

Professor Perritt also provided support for 2L Andrew T. Strong, who, as a part of Chicago-Kent’s Operation Kosovo, is spending the summer and fall in Kosovo, as a member of the legal team defending former Kosovo Prime Minister Ramush Haradinaj against charges that he violated international humanitarian law when he was a commander of the KLA.

He led “book discussion groups” in Chicago for the Council on Foreign Relations, which he also serves as a member of the Membership Committee.

Jeffrey Sherman addressed the Atlanta Estate Planning Council on the subject of “Recent Developments in Estate Planning for Unmarried Couples” in May 2005.

Ronald Staudt spoke at the ABA Annual Meeting at the Tort Trial and Insurance Practice Section Section program on Opportunities and Obstacles in Practicing Law Online in August 2005. His topic was “E-Lawyering.”

Professor Staudt has been named Liaison to the ABA SCLAID Task Force on Standards for Legal Services Programs from the ABA Standing Committee on Delivery of Legal Services.

Keith Ann Stiverson was appointed to a three-year term on the ABA’s Standing Committee on the Law Library of Congress.

Dan Tarlock delivered a paper, “Is a Substantive Environmental Law Possible?” at the 2005 International Conference, Israel Society for Ecology and Environmental Quality Sciences, Weizmann Institute, Rehovot, Israel in June 2005.

A second paper, “The Europeanization of American Cities,” was delivered at the Association of European Schools of Planning Annual Conference in Vienna, Austria in July 2005.

Alex Tsesis was a presentation panelist at the Law and Society Association Annual Meeting in June 2005. His topic was “The Future of Hate Speech Regulation.”

Professor Tsesis gave faculty presentations on “The Thirteenth Amendment and Contemporary Issues” at three law schools: University of Toledo College of Law in April 2005,   American University Washington College of Law in November 2004, and University of Pittsburgh School of Law in October 2004.

His appointment with the University of Wisconsin Law School – Institute for Legal Studies was extended to Aug. 31, 2007.

Research in Progress – August 2005

Graeme Dinwoodie is at work on a book, Achieving Balance in International Intellectual Property Law with Rochelle Dreyfuss, and they have just agreed to publish the book with Oxford University Press.

Professor Dinwoodie also is at work on the second edition of his casebook, International Intellectual Property Law And Policy (with Perlmutter and Hennessey).

He is working on two trademark law papers, Trademark Law and Social Norms and Trademark Use (the latter with Mark Janis).

Steven Heyman has completed half of the manuscript for his book, Free Speech and Human Dignity. The book is slated for publication by Yale University Press in 2007.

Martin Malin, together with Professors Kenneth Dau-Schmidt (Indiana University -Bloomington), Christopher Cameron (Southwestern), Roberto Corrada (Denver) and Catherine Fisk (Duke), is writing a new casebook, Labor Law in the Contemporary Workplace. The book will be published by Thomson/West.

Nancy Marder is writing an article, Bringing Jury Instructions Into the Twenty-First Century,to be published in a 2005 symposium issue of Notre Dame Law Review. The symposium topic is Federal Courts, Practice and Procedure.

Another article, Peremptory Challenges and Justice Stevens’ Commitment to Nondiscrimination,will be published in 2006 in a Fordham Law Review symposium issue on the Jurisprudence of Justice Stevens.

Henry Perritt is continuing work on a new law review article on music file sharing and its impact on the economics of the music industry.

Publications – August 2005

Bartram Brown has published an article, Intervention, Self-Determination, Democracy and the Residual Responsibilities of the Occupying Power In Iraq, 11 U.C. Davis J. Int’l L. & Pol’y 23 (2004).

Professor Brown has an article in the recently published Chicago-Kent Law Review issue containing articles from the Symposium on Final Status for Kosovo:

Human Rights, Sovereignty and the Final Status of Kosovo,   80 Chi.-Kent L. Rev. 235 (2005).

This summer, Professor Brown completed a manuscript entitled Depoliticizing International Criminal Law which will be published by Transnational Publishers as a chapter in a book celebrating the career of M. Cherif Bassiouni.

Graeme Dinwoodie has published the 2005 supplement for his casebook, Trademarks and Unfair Competition Law and Policy (with Mark Janis).

Professor Dinwoodie has published two chapters:

Conflicts and International Copyright Litigation: the Role of International Norms, in Intellectual Property in the Conflict of Laws 195 (Basedow, Drexl, Kur and Metzger eds., 2005).

WTO Dispute Resolution and The Preservation of The Public Domain of Science Under International Law, in International Public Goods and Transfer of Technology Under a Globalized Intellectual Property Regime (Maskus and Reichman eds., 2005) (Cambridge Univ. Press) (with Rochelle Dreyfuss).

He has two forthcoming chapters:

The Story of Kellogg v. National Biscuit Company: Breakfast with Brandeis, in Intellectual Property Stories (Dreyfuss and Ginsburg eds.) (forthcoming 2005).

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

Timothy Holbrook has published his article, Substantive Versus Process-Based Claim Construction, 9 Lewis & Clark L. Rev. 123 (2005).”

Nancy Marder has published two law review articles:

The Medical Malpractice Debate: The Jury as Scapegoat, 38 Loy. L.A. L. Rev. 101 (2005) (symposium issue).

Cyberjuries: The Next New Thing?, 14 Info. & Comm. Tech. L. 83 (2005) (symposium issue).

Professor Marder contributed an article, The Jury, to Encyclopedia of Law & Society (2005). She participated in a panel discussion published as The New ABA Jury Trial Standards: “Innovations” Go Mainstream?, 85 Judicature 291 (2005).

Her book review Teaching Through Stories, is forthcoming in ___ J. Legal Educ. ___ (2005) (reviewing Kevin  M. Clermont, Civil Procedure Stories, Foundation Press, 2004).

Her book chapter, Why “12 Angry Men?” The Transformative Power of Jury Deliberations, will be published in Screening Justice (Foster, Green & Strickland eds.,  W.S. Hein & Co., 2006).

Sheldon Nahmod’s article, The Pledge as Sacred Political Ritual, has now been published in 13 Wm & Mary Bill Rts J. 771 (2005). The 2005 update to his treatise, Civil Rights and Civil Liberties Litigation: The Law of Section 1983 (4th ed., West Group, 1997) was submitted to the publisher.

David Rudstein just submitted the manuscript for the 2005 Update to his 3-volume treatise, Criminal Constitutional Law (with Erlinder and Thomas). It will be published in November 2005.

Professor Rudstein’s article, A Brief History of the Fifth Amendment Guarantee Against Double Jeopardy, has been accepted for publication in the William & Mary Bill of Rights Journal and will appear in Volume 14, No. 1, of that journal.

His article, Belton Redux: Re-evaluating Belton’s Per Se Rule Governing the Search of an Automobile Incident to an Arrest, will appear in Vol. 40, Number 4, of the Wake Forest L. Rev.

Jeffrey Sherman has published his article, Law’s Lunacy: W.S. Gilbert and His Deus ex Lege, 83 Or. L. Rev. 1035 (2004).

Dan Tarlock has published a chapter, The Story of Calvert Cliffs, in Environmental Law Stories (Foundation Press, 2005).

Professor Tarlock has also published an article, The Law of Later Developing Riparian States: The Case of Afghanistan 12 N.Y.U. Envtl. L.J. 711 (2005) (with Charles McMurray, J.D. Chicago-Kent, 2004).

Alex Tsesis has published Understanding Destructive Messages, 7 Harv. Latino L. Rev. 141 (2005) (essay by invitation).