Monthly Archives: November 2005

Faculty Activities – November 2005

Bernadette Atuahene presented her paper, “Land Titling: A Mode of Privatization with the Potential to Deepen Democracy,” on November 4, 2005 at the Property, Citizenship and Social Entrepreneurism Annual Meeting in Washington, D.C.

She will give a talk, “The Land Crisis in Zimbabwe,” hosted by the International Law Society at Chicago-Kent on November 17.

Professor Atuahene will present a paper, “Restorative Justice Reconceived,” at the Comparative Constitutionalism and Rights: Global Perspectives Conference in Durban, South Africa in December 2005.

Evelyn Brody continues as Reporter for the American Law Institute’s Project on Principles of the Law of Nonprofit Organizations. She met with the Project’s Advisers and Members Consultative Group in June 2005 to discuss Preliminary Draft No. 3 (May 2005), and with the ALI Council in October 2005 to discuss a revision of the material on governance in Council Draft No. 3 (September 2005). She will prepare a discussion draft of this for the ALI membership meeting in May 2006.

Professor Brody completed her term as Secretary of the American Bar Association’s Section on Taxation in August 2005. In November 2005, she will complete her second (and final) term as member-at-large on the board of directors of the Association for Research on Nonprofit Organizations and Voluntary Action (ARNOVA).

Professor Brody’s academic presentations include “From the Dead Hand to the Living Dead: The Conundrum of Charitable-Donor Standing,” at Grasping the Nettle – Respecting Donor Intent and Avoiding the ‘Dead Hand,’ the Annual Conference of the National Center on Philanthropy and the Law, New York University School of Law in October 2005 and at the Second Annual University of Illinois – Chicago-Kent College of Law Colloquium in Champaign on November 4, 2005.

“The Financially Troubled Charity and the Ghosts of Donations Past, Present, and Future” was her topic at The Nonprofit Forum in New York City in June 2005, and Professor Brody will present this paper again at the Annual Conference of ARNOVA, as part of a panel on “Legal and Other Frameworks for Balancing Financial Viability and Charitable Mission” in Washington, D.C. on November 18, 2005.

Professor Brody was Moderator for the Keynote Plenary Panel, “Improving Nonprofit Governance and Oversight: Congressional, Regulatory, and Sector Roles,” at the Annual Conference of ARNOVA in Washington, D.C. on November 17.

She served as a panelist at several recent and upcoming meetings:

“Preserving Donor Intent,” Federalist Society (Trusts & Estates Committee and New York City Lawyers Chapter) in New York in October 2005.

“Nonprofit Corporate Governance in the Wake of Sarbanes-Oxley,” ABA Sections on Business Law, Health Law, and Taxation and the ABA Center for Continuing Legal Education (Teleconference and Webcast, September 29, 2005).

“What’s Happening to Nonprofits: The Changing Legal and Regulatory Landscape for Tax-Exempt Organizations/Nonprofit Corporations,” ABA Business Law Section (Chicago, Annual Meeting, August 2005).

“The ABCs of Nonprofits,” ABA Business Law Section and the ABA Center for Continuing Legal Education (Teleconference and Webcast, May 26, 2005).

Elizabeth De Armond gave a presentation on October 29 at the National Consumer Law Center’s Consumer Rights Litigation Conference in Minneapolis. The presentation analyzed the potential for new claims under the Fair Credit Reporting Act in light of recent revisions to the Act and newly issued regulations.

Graeme Dinwoodie’s recent talks include “Trademark Use: An Historical and International Overview” at the Annual Meeting of the American Intellectual Property Law Association in Washington, D.C. in October 2005. “Trademark Use,” was also his topic at the Annual Institute of the Houston Intellectual Property Law Association in Galveston,Texas in October.

He spoke on “Trademark Law and Social Norms” at the Intellectual Property Speaker Series at Boston College Law School in October.

Professor Dinwoodie traveled to Poland in October 2005 to give two presentations at the International Conference on Hi-Tech Law at University of Gdansk. His topics were “The Competition Values Internal to Intellectual Property Law: The Protection of Product Design” and “Selecting and Protecting Marks for International Product Distribution.”

“Relations Between the ‘New Interpreters’ of Copyright Law” was Professor Dinwoodie’s topic at the Congress of the Association Littéraire et Artistique Internationale: Exploring the Sources of Copyright in Paris, France in September 2005.

His talk at the World Intellectual Property Organization/International Trademark Association Worldwide Forum on Marks and Designs in Vancouver, Canada in September was “U.S. Product Design Trade Dress Law: a New Era of Limits on Protection?”

In November 2005 Professor Dinwoodie spoke on “Trademark and Territory: Two Dimensions to Territoriality,” at the Seminar Series on the Impact of Globalization on Trademark Law and Policy, Queen Mary Intellectual Property Research Institute, University of London, London, England.

Dan Hamilton organized, along with Professor Tom Ginsburg and with the help of Professor Claire Hill, the Second Annual Illinois – Chicago-Kent Colloquium, held on November 4, 2005 at the University of Illinois College of Law. At the Colloquium he participated on a legal history panel with Professor Richard Ross and gave a talk, “Popular Constitutionalism in the Civil War: A Trial Run.”

On November 12, Professor Hamilton will present a paper on “Confiscation and Emancipation in the 37th Congress” at the American Society for Legal History (ASLH) Annual Meeting in Cincinnati.

Professor Hamilton was recently named to the Program Committee for the ASLH 2006 Annual Meeting in Baltimore. Earlier this Fall, he and Victoria Saker Woeste of the American Bar Foundation created the Chicago Legal History Seminar, co-sponsored by the Institute for Law and Humanities at Chicago-Kent and the ABF. This new series will feature area scholars working in the field of legal history, broadly understood. The first seminar will take place at the ABF on November 17 with a talk by Claire Priest of Northwestern University School of Law.

Sarah Harding presented a paper in May 2005 at the Newberry Library in association with its exhibit, “Disbound and Dispersed: The Leaf Book Considered.” The paper explored the legal issues surrounding the careful “disbounding” of rare books and the subsequent sale of their independent leaves in separate publications.

In September 2005, Professor Harding gave a paper entitled “Time, Property and the Limits of Rational Boundaries” at the Canadian Law and Economics Association Annual meeting. In November, Professor Harding will be giving two papers, one at the Working Group on Property, Citizenship, and Social Entrepreneurism and one for the Chicago-Kent Symposium on Popular Constitutionalism.

Timothy Holbrook was a commentator on a talk by Professor Charles W. Adams, entitled “A Brief History of Indirect Liability for Patent Infringement,” at the Third-Party Liability in Intellectual Property Law Conference at Santa Clara University School of Law, held on October 7, 2005. Professor Holbrook discussed the split in authority dealing with the requisite intent for indirect liability.

Professor Holbrook presented a talk entitled “Domestic Patent Trolls and International Compulsory Licensing,” at the Markey Symposium at John Marshall Law School entitled “Innovation and its Discontents: Patents and Innovation Policy in the 21st Century” on October 14, 2005.

He presented his article “Possession in Patent Law” at a Faculty Workshop at Marquette University Law School in Milwaukee, Wisconsin, on Oct. 18, 2005.

He will present his paper, “Curing Heterosexuality? Moral Signals and the Potential for Expressive Impacts in Patent Law,” at the Forum for Research on Law, Politics, and the Humanities at the University of Illinois at Chicago on November 16, 2005.

Pam Kentra joined the Board of Directors for the Center for Conflict Resolution, a major mediation agency in Chicago. She recently gave a training seminar to the 160 member legal department of HSBC Bank.

Professor Kentra spoke on integrating mediation and alternative dispute resolution into the business practices of the National Rural Electrical Cooperative Association, which is an energy cooperative with over 900 member co-ops that serve 37 million people in 47 states.

Harold Krent presented a talk on the legal challenges posed by online political campaigns at the National Press Club and at a conference hosted by the National Conference of State Legislatures.

Dean Krent also addressed privacy regulation online at the International Conference on Hi-Tech Law organized by the University of Gdansk, Poland.

Martin Malin is serving (by invitation) on the Federal Mediation and Conciliation Service’s National Labor Management Conference Steering Committee.

Professor Malin spoke on “Arbitrating with Parties in Bankruptcy,” at the National Academy of Arbitrators Fall Education Conference in Savannah, Georgia on October 30.

Nancy Marder presented her paper, “Justice Stevens, the Peremptory Challenge, and the Jury” at the Jurisprudence of Justice Stevens Symposium on September 30, 2005 at Fordham Law School in New York City. Justice Stevens was able to attend the conference, right after he swore in John Roberts as the new Chief Justice.

On October 25, 2005, Professor Marder presented her paper “Bringing Jury Instructions Into the Twenty-First Century” at a faculty workshop at Chicago-Kent.

In early January, at the AALS Annual Meeting in Washington, D.C., Professor Marder will moderate a panel entitled “The Civil Jury in the Shadow of Tort Reform,” which she organized as Chair of the Civil Procedure Section of the AALS.

Professor Marder is the Symposium Editor of an upcoming issue of the Chicago-Kent Law Review entitled “Secrecy in Litigation.”

Kristen Osenga presented a work-in-progress, “Data Checkpoints: Information Flow and Patent Law,” at the Works-in-Progress Intellectual Property Colloquium 2005 at Washington University School of Law, St. Louis, in October.

Professor Osenga was a panelist/speaker at “The Evolution and Reform of U.S. Patent Law: Appraisals and Critiques from the Bar, the Bench, and Academia” conference, presented by The Center for Law, Technology & Communications at Thomas Jefferson School of Law, San Diego, California on November 4, 2005. Professor Osenga presented her paper, “Entrance Ramps, Tolls, and Express Lanes: Proposals for Decreasing Traffic Congestion in the Patent Office.”

Henry Perritt visited Pristina, Kosovo October 18-21, 2005 to continue research for his book on the Kosovo Liberation Army and to consult with political leaders about forthcoming negotiations on final status for Kosovo. While he was in Pristina, the main newspaper, Koha Ditore, published his op-ed piece arguing that the leaders of Kosovo are losing the international public relations battle to representatives of Serbia and Montenegro, who oppose independence.

On October 17, Professor Perritt gave two lectures to the Albanian Diplomatic Academy in Tirana, Albania, on U.S. interests in the Balkans and final status negotiations for Kosovo.

On October 15, Professor Perritt moderated two panels on government intervention and regulation at the “RE:activism” conference, sponsored by the Central European University. The conference focused on the relationship between political activism and the Internet.

Carolyn Shapiro presented her work-in-progress, provisionally titled, “Privilege, Confidences, and Discretion:The Law Clerk Duty of Confidentiality,” to the Chicago Junior Faculty Workshop and at the University of Illinois – Chicago-Kent Symposium, both in November 2005.

Professor Shapiro attended the Conducting Empirical Legal Scholarship Workshop at Washington University School of Law, St. Louis, in May 2005.

She participated in a panel discussion on the Supreme Court and the Miers and Roberts nominations at an event sponsored by the DePaul Women’s Law Caucus in October 2005.

Jeffrey Sherman participated in the September 2005 meeting of the American Law Institute Advisors and Members Consultative Group preparing the Restatement (Third) of Property (Wills and Other Donative Transfers) in Philadelphia, Pennsylvania.

Joan Steinman attended and served as a Reporter for the National Conference on Appellate Justice held in Washington, D.C., November 4-6, 2005. The Conference, which was by invitation only, was sponsored by the American Academy of Appellate Lawyers, Federal Judicial Center, National Center for State Courts, and The Institute of Judicial Administration. Professor Steinman and the other Reporters will write reports of the discussions held in their respective discussion groups, summarizing the themes and ideas of the participants. The compilation will be published in the Journal of Appellate Practice and Process.

Professor Steinman has received the Howard B. Eisenberg Prize, awarded by the American Academy of Appellate Lawyers, for the best article on appellate practice and procedure published between July 1, 2004 and June 30, 2005. Her winning article was Irregulars: The Appellate Rights of Persons who are Not Full-Fledged Parties, 39 Ga. L. Rev. 411 (2005).

Last summer, she taught a 16-hour refresher course on federal jurisdiction and procedure to a Chicago law firm, and provided advice on matters relating to removal and remand to another firm.

As a member of the American Law Institute Consultative Group on Principles of Aggregate Litigation, Professor Steinman attended a meeting of that Group, as well as the general ALI meeting, in May, 2005, and offered written comments on the Reporters’ draft proposals in September, 2005.

Dan Tarlock lectured on “The Impact of the Great Lakes Annex 2001 Process on Michigan” for the Michigan State University Law School Environmental Lecture Series in East Lansing on October 27, 2005.

Professor Tarlock was the keynote speaker at the Arizona League of Conservation Voters Annual Meeting, Casa Grande, Arizona, on October 29, 2005.

Research in Progress – November 2005

Nancy Marder is completing work on an article, Bringing Jury Instructions Into the Twenty-First Century, which will be published in Notre Dame Law Review as part of its special issue on Federal Courts, Practice & Procedure.

She is also completing work on an article entitled Justice Stevens, the Peremptory Challenge, and the Jury, which will be published in Fordham Law Review as part of its symposium issue on the Jurisprudence of Justice Stevens.

Joan Steinman is working on the second edition of the casebook Appellate Courts: Structures, Functions, Processes, and Personnel (with Daniel J. Meador and Thomas E. Baker), which is due to be published in March, 2006, and a Teachers’ Manual for the book. She also is working on the 2007 Pocket Parts to the Wright & Miller Federal Practice & Procedure treatise, Volumes 14B and C.

Publications – November 2005

Bernadette Atuahene published an op-ed article about the recent mass evictions in Zimbabwe in Business Day, which is the leading financial newspaper in South Africa.

Evelyn Brody has published her book review, The Pioneer Revisits Her Classic, 16 Nonprofit Mgmt. & Leadership 113 (Fall 2005) (reviewing Marion R. Fremont-Smith, Governing Nonprofit Organizations: Federal and State Law and Regulation).

Her article, Charity Governance: What’s Trust Law Got to Do With It?, is published at 80 Chi-Kent L. Rev. 641 (2005) (in Symposium Issue: “Who Guards the Guardians?: Monitoring and Enforcement of Charity Governance”). She also co-authored the Symposium Introduction.

Sarah Harding had two articles appear in print in the Spring of 2005: Bonnichsen v. United States: Time, Place, and the Search for Identity, 12 Int’l J. Cultural Prop. 249 (2005) and Culture, Commodification and Native American Cultural Patrimony, in Rethinking Commodification: Cases and Readings in Law and Culture (Martha Ertman and Joan Williams eds., 2005).

Steven Harris and his co-author have completed the manuscript for the fourth edition of their casebook, Security Interests in Personal Property. The book will be published by Foundation Press.

Timothy Holbrook recently placed his article, Possession in Patent Law, in SMU Law Review. It will be published in Spring 2006 in Volume 59.

Martin Malin‘s book review of Public Workers: Government Employee Unions, the Law and the State, 1900-1962 (Cornell University, ILR Press, 2004) was published in 46 Lab. Hist. 264 (2005).

Professor Malin’s paper (co-authored with Monica Biernat), An Empirical Examination of Factors Affecting Outcomes in Discipline Arbitrations Where Work and Family Responsibilities Conflict: A Preliminary Report is being published in the Proceedings of the 2005 Annual Meeting of the National Academy of Arbitrators.

His article, The Evolving Role of the Labor Arbitrator, is forthcoming in 21 Ohio St. J. on Disp. Resol. (co-authored with Jeanne M. Vonhof).

Henry Perritt published the second edition of his book, Trade Secrets: A Practitioner’s Guide, in September.

Carolyn Shapiro’s article, The Limits of the Olympian Court: Common Law Judging versus Error Correction in the Supreme Court is forthcoming in 63 Wash. & Lee L. Rev. ___ (2006).

Joan Steinman’s article, Irregulars: The Appellate Rights of Persons Who Are Not Full-Fledged Parties, was published in 39 Ga. L. Rev. 411 (2005). The 2006 Pocket Parts to the Wright & Miller Federal Practice & Procedure treatise, which Professor Steinman prepared for Volumes 14B and C, will be published in April 2006