Monthly Archives: February 2006

Faculty Activities – February 2006

Bernadette Atuahene presented her paper, “Restorative Justice Reconceived,” as a work in progress at the Mid-Atlantic People of Color Legal Scholarship Conference in January 2006.

She has also been invited to present the paper at the Economic and Social Inequality Conference on March 24, 2006. The Conference is co-sponsored by the Georgetown University Law Center and Harvard Law School Hamilton Houston Institute for Race and Justice.

Professor Atuahene spoke to Northwestern University law students about socio-economic rights in South Africa on February 16, 2006.

Evelyn Brody presented, “From the Dead Hand to the Living Dead: The Conundrum of Charitable-Donor Standing,” at a Faculty Workshop at Moritz College of Law, The Ohio State University in Columbus in February 2006.

She was a panelist for “How Localities are Handling Growth in the Tax-Exempt Sector,” at the National League of Cities 82nd Annual Conference in Charlotte, NC in December 2005.

Professor Brody was a co-organizer of the Seminar in Emerging Issues in Philanthropy: “Charities’ Response to Disasters: Expectations and Realities,” and moderator of a panel on “Expectations of the Charitable Sector: Perceptions by the Donating Public, by Government, and by the Press,” sponsored by the Urban Institute’s Center on Nonprofits and Philanthropy and the John F. Kennedy School of Government’s Hauser Center on Nonprofit Organizations at Harvard University in December 2005.

Graeme Dinwoodie spoke on “Trademark Law and Social Norms” at the University of Toronto Centre for Innovation and Policy in Toronto, Canada in January 2006. This was also his topic at the Intellectual Property Lecture Series at Max Planck Institute for Intellectual Property, Competition, and Tax Law in Munich, Germany in November 2005.

Professor Dinwoodie returned to the University of Toronto Centre for Innovation and Policy in February 2006 to speak on “An Institutional Analysis of Private International Intellectual Property Law.”

“Intelligent Design and Trademark Law: A Bit More than Evolution, but Please Tell Us Why,” was Professor Dinwoodie’s topic at the Section on Intellectual Property Law Program on Trademarks and the Supreme Court at the Association of American Law Schools Annual Meeting in Washington, D.C. in January 2006.

Douglas Godfrey taught inter-active teaching techniques to a group of Jordanian law professors in Amman under the auspices of the American Bar Association’s Rule of Law Project in December 2005. The program was funded by USAID.

He has been reappointed as the faculty reporter for the Illinois Judicial Conference’s Study Committee on Complex Litigation.

Professor Godfrey has been interviewed and cited as an expert by various reporters covering the George Ryan trial.

Dan Hamilton organized a symposium on popular constitutionalism for the Chicago-Kent Law Review. The symposium, held on November 18-19, 2005, focused on a new book by Stanford Law School Dean Larry D. Kramer, The People Themselves: Popular Constitutionalism and Judicial Review, and brought together legal historians and constitutional scholars to discuss the history and theory of constitutional interpretation.  Participants included, among others, Professors Sarah Harding, Sheldon Nahmod, and Dan Hamilton from Chicago-Kent, Dean Kramer, Frank Michelman and Morton Horwitz from Harvard Law School, Reva Siegel from Yale Law School, Keith Whittington from Princeton University and Pulitzer Prize winning historian Jack Rakove of Stanford.

More than 100 people attended the symposium, including faculty and students of Chicago-Kent, along with faculty from Northwestern, Washington University, Valparaiso, Northern Illinois, and the University of Chicago, and research faculty from the American Bar Foundation. Papers prepared for the symposium will be published in an upcoming issue of the Chicago-Kent Law Review. Professor Hamilton’s piece, Popular Constitutionalism in the Civil War: A Trial Run, will appear in the symposium issue.

Steven Harris was on the faculty of an ALI-ABA Course of Study, “The New Uniform Commercial Code,” held in December 2005 in Washington, DC. He spoke about a variety of issues concerning payment systems and secured transactions.

Timothy Holbrook will speak on “The Patent Incentive and Privatized Eugenics” at the Patenting Humans Conference at Benjamin N. Cardozo School of Law in New York, April 24-25, 2006.

“The Return of the Supreme Court to Patent Law: 2005 in Review and 2006 in Preview” will be Professor Holbrook’s topic at the Richard C. Sughrue Symposium on Intellectual Property Law and Policy at University of Akron School of Law on March 13, 2006.

Martin Malin was the featured speaker at the ABA Section on Labor and Employment Law, Committee on State and Local Government Bargaining and Employment Law Midwinter meeting in January 2006 in San Juan, Puerto Rico. His presentation was entitled, “The Arbitration of Grievances Involving Work-Family Conflicts.”

He spoke at University of Nevada, Las Vegas School of Law on February 10, 2006, on “The Evolving Role of the Labor Arbitrator.”

Professor Malin has been appointed co-chair of a committee of the National Academy of Arbitrators that is planning a major conference on “Beyond the Protocol: The Future of Due Process in Workplace Dispute Resolution,” for April 2007.

Nancy Marder has been reappointed as Reporter for the Illinois Supreme Court Committee on Jury Instructions in Civil Cases. She has served in this position since October 2003.

In January 2006, Professor Marder served as moderator for a panel entitled “The Civil Jury in the Shadow of Tort Reform” at the AALS Annual Meeting in Washington, D.C. She organized this panel during her term as Chair of the Civil Procedure section of the AALS. Her term has now ended, but she will continue to serve as Past-Chair on the Executive Committee of the Civil Procedure section until January 2007.

In March 2006, Professor Marder will present a paper as part of a panel on Law and Language at the Association of Law, Culture and Humanities Conference at Syracuse University College of Law.

Sheldon Nahmod spoke to 300 attorneys attending the Defense Research Institute’s program on Civil Rights in Las Vegas on January 27, 2006. He reviewed important decisions of the United States Supreme Court.

He spoke on November 18, 2005, at the Chicago-Kent Law Review’s Conference on Larry Kramer’s book, The People Themselves. His presentation was entitled “Constitutional Education for the People Themselves” and it will be published in the Symposium issue of the Law Review.

Professor Nahmod spoke at an Anti-Defamation League function in Chicago on January 18, 2006. His topic was the role of religion in American public life and the Constitution’s religion clauses.

He spoke at a Hadassah Associates function in Chicago on January 31, 2006. His topic was the Supreme Court.

Kristen Osenga presented her paper “Linguistics & Claim Construction” to the Edward Manzo Advanced Concepts in Patent Law Seminar at DePaul University College of Law on February 6, 2006.

David Rudstein was appointed to the Advisory Board of First Defense Legal Aid in January 2006. FDLA is an organization that provides free legal assistance at the station house to individuals arrested by the Chicago Police Department. It is the only organization in the country that provides such station house services.

Carolyn Shapiro will appear as a guest blogger in a discussion about law clerks as research subjects on the newly launched Empirical Legal Studies blog. The discussion will take place as a Blog Forum scheduled for March 6-10, 2006.

In November 2005, Professor Shapiro participated in a panel sponsored by the Chicago-Kent chapter of the American Constitution Society, focusing on how personnel changes on the Supreme Court may affect hot legal issues.

Keith Ann Stiverson was appointed to a 3-year term on the Committee on Documentary Preservation of the American Society for Legal History.

She was also appointed to chair the Government Relations Committee of the American Association of Law Libraries for 2006-2007, beginning after the Association’s July annual meeting. She formerly served as chair of the committee from 1999-2001.

She was one of the panelists at the Deans’ Workshop on February 9 at the ABA Midyear Meeting here in Chicago. The workshop, which concerned the future of law school libraries, featured two librarians, Keith and Chris Simoni from Northwestern, and three deans: Mary Kay Kane, U.C. Hastings, Kent Syverud, Washington University, and Richard Morgan, University of Nevada, Las Vegas.

Alex Tsesis gave talks on civil rights strategy for the post-Rehnquist era at Villanova Law School and Marquette Law School.

Research in Progress – February 2006

Martin Malin, along with Professors Ken Dau-Schmidt (Indiana), Robert Corrada (Denver), Chris Cameron (Southwestern) and Catherine Fisk (Duke), has signed a contract with West to write a new casebook entitled, Labor Law in the Contemporary Workplace.

Nancy Marder is writing an Introduction for the Secrecy in Litigation symposium issue to be published by the Chicago-Kent Law Review.

David Rudstein is preparing an article on three English statutory provisions that allow a new trial following the acquittal of an individual. He will present a version of the article at the Oxford Round Table on Criminal Law at Oxford University in England at the end of March 2006.

Carolyn Shapiro is working on a piece about law clerk confidentiality and judicial secrecy, provisionally entitled Confidences, Privilege, and Discretion: Law Clerks and the Duty of Confidentiality.

Professor Shapiro is also working on a paper addressing the changing role of the lawyer as it relates to non-profit institutions, and on an empirical project evaluating the circumstances under which the Supreme Court applies standards as opposed to merely announcing them.

Joan Steinman is working on the 2007 Pocket Parts to the Wright and Miller Federal Practice and Procedure treatise, Volumes 14B and C, as well as finishing up the work on an appellate courts casebook that is described below in the section on Recent and Forthcoming Publications.

Alex Tsesis is still writing his book for Yale University Press entitled, A Legal History of Civil Rights. He has completed five chapters and is through the Reconstruction period.

Publications – February 2006

Fred Bosselman’s book, The Role of Customary Law in Sustainable Development, was published by Cambridge University Press in January 2006 (with co-authors Peter Orebech, Jes Bjarup, David Callies, Martin Chanock, and Hanne Peterson).

Professor Bosselman’s casebook, Energy, Economics and the Environment, 2d ed., was published by Foundation Press in December 2005 (with co-authors Jim Rossi and Jacqueline Weaver).

Professor Bosselman’s article, Is Big LULU back in town? The Revitalization of Nuclear Power, was published in Planning and Environmental Law in Fall 2005.

Evelyn Brody’s article, The Charity in Bankruptcy and Ghosts of Donations Past, Present, and Future, was published in 29 Seton Hall Legis. J. 471 (2005) (Symposium Issue on Bankruptcy in the Religious Nonprofit Context).

Her article, Nonprofit Organizations, Payments in Lieu of Taxes (“PILOTs”), was published in Encyclopedia of Taxation and Tax Policy (Joseph J. Cordes, Robert Ebel & Jane Gravelle, eds., 2d. ed., Urban Institute Press, 2005).

Steven Harris’s casebook, Security Interests in Personal Property, 4th ed., was published by Foundation Press in December 2005 (with co-authors John Honnold and Charles Mooney).

Timothy Holbrook’s article, The Intent Element of Induced Infringement, is forthcoming in ___ Santa Clara Computer & High Tech. L.J. ___ (2006).

Harold Krent’s article, The Continuity Principle, Administrative Constraint, and the Fourth Amendment,” was published in 81 Notre Dame L. Rev. (2005).

Martin Malin’s article, The Evolving Role of the Labor Arbitrator, was published in 21 Ohio St. J. on Disp. Resol. 119 (2005) (co-authored with Jeanne Vonhof).

Nancy Marder’s book review, Teaching Civil Procedure Stories (reviewing Civil Procedure Stories, Kevin Clermont, ed., Foundation Press 2004) was published in 55 J. Legal Educ. 138 (2005).

David Rudstein’s article, Belton Redux: Reevaluating Belton’ s Per Se Rule Governing the Search of an Automobile Incident to an Arrest, was published in 40 Wake Forest L. Rev. 1287 (2005).

The Supreme Court of New Jersey recently cited his earlier Belton article, The Search of an Automobile Incident to an Arrest: An Analysis of New York v. Belton, 67 Marq. L. Rev. 205 (1984), in rejecting the Belton rule as a matter of state constitutional law. See State v. Eckel, 888 A.2d 1266 (N.J. 2006).

Professor Rudstein’s article, A Brief History of the Fifth Amendment Guarantee Against Double Jeopardy, is scheduled for publication in February 2006 in the William & Mary Bill of Rights Journal.

The 2006 update to Professor Rudstein’s treatise, Criminal Constitutional Law was published by Matthew Bender in December 2005 (with co-authors Peter Erlinder & David Thomas).

Jeffrey Sherman’s article Prenuptial Agreements: A New Reason to Revive an Old Rule was just published in 53 Clev. St. L. Rev. 359 (2005-2006).

Joan Steinman’s casebook, Appellate Courts: Structures, Functions, Processes, and Personnel, 2d ed., (with co-authors Daniel J. Meador and Thomas E. Baker) and a Teachers’ Manual prepared by Professor Steinman and her co-authors are scheduled for publication in March 2006.

The 2006 Pocket Parts to the Wright & Miller Federal Practice & Procedure treatise, which Professor Steinman prepared for Volumes 14B and C, are scheduled for publication in April 2006.