Monthly Archives: August 2006

Faculty Activities – August 2006

Kari Aamot, Susan Adams, Edward Harris, Stephen Sowle: Pre-Law Undergraduate Scholars Program. For the fifth consecutive year, Chicago-Kent has received a grant from Law School Admissions Council (and, for the last two years, from the Illinois Board of Higher Education as well) to hold a four-week Pre-Law Undergraduate Scholars Program (PLUS) designed to introduce undergraduates to law school, the legal profession, the skills needed to succeed at law school, and the admissions process. In June 2006 the substantive courses were taught by Kari Aamot (Family Law), Susan Adams (Legal Writing and Analysis), Stephen Sowle (Criminal Law), and Edward Harris (International Law).

Lori Andrews organized a U.S. Congressional briefing, “Who Owns Your Body? Gene Patents and Individual Rights,” in June 2006. She participated in a meeting of the Bioethics Advisory Committee of the March of Dimes Foundation in White Plains, NY, and spoke on “Societal Implications of Nanoscience: The IP Landscape” at a conference sponsored by the United States Department of Energy in Virginia.

Along with Julie Burger, she filed an amicus brief on behalf of a patients’ rights group in a case dealing with property rights over body tissue. She spoke about gene patents at the national office of the ACLU in New York. Her first novel, Sequence, a genetics thriller, was published by St. Martin ‘s Press in June 2006. She appeared at readings and book signings in Washington DC, Los Angeles, Minneapolis, New York, and Chicago.

Professor Andrews discussed genetic privacy issues and her mystery book on CBS’s “Eye on Chicago,” mistakes in DNA paternity testing on Fox News, children of artificial insemination searching for their donor fathers on PBS’s religion show “Religion and Ethics Newsweekly,” and the use of human growth hormone by healthy boys wanting to become taller on CNN. The New York Times Magazine published an article, “Taking The Least of You,” that dealt in part with Andrews’s work.

Bernadette Atuahene has accepted an appointment as Faculty Visitor at the American Bar Foundation for the Fall 2006 semester.

Professor Atuahene presented her forthcoming article, Legitimizing Property Rights When Past Theft Colors the Distribution of Property, at the American University Critical Race Theory Conference entitled “Race: Law, Culture, Policy” in April 2006. She will also present the paper at Indiana University School of Law-Bloomington on September 8; Land, Memory, Reconstruction and Justice: Perspectives on Land Restitution, a conference in South Africa on September 13-15; Chicago Junior Faculty Workshop on September 22; and the American Bar Foundation on September 27.

Matthew Bernstein was elected to the Executive Committee for the Chicago Chapter of the American Immigration Lawyers Association in 2006. The American Immigration Lawyers Association (AILA) is the national association of over 9,500 attorneys and law professors who practice and teach immigration law. The Chicago chapter is one of the largest and most active chapters in the organization.

Evelyn Brody will serve as treasurer, through January 2008, of the newly formed Nonprofit Law Section of the Association of American Law Schools.

She was elected to the board of the BBB Wise Giving Alliance, which evaluates charities that solicit from the public, to help donors make informed giving decisions and to promote high standards of conduct among charities. The Alliance was formed in 2001 through the merger of the National Charities Information Bureau with the Council of Better Business Bureaus’ Foundation (which housed the Philanthropic Advisory Service.)

As Reporter of the American Law Institute’s project on Principles of the Law of Nonprofit Organizations, Professor Brody prepared a Discussion Draft covering governance, which she presented to the ALI membership at the 2006 Annual Meeting in Washington, DC in May 2006.

Professor Brody presented her paper, “The Board of Nonprofit Organizations: Puzzling Through the Gaps Between Law and Practice,” at the Conference on Comparative Corporate Governance for Nonprofit Organizations in Heidelberg, Germany in July 2006. The Conference was co-sponsored by the VolkswagenStiftung at the Max Planck Institute for Foreign Private and International Private Law (Hamburg) and the University of Heidelberg.

With Harvey Dale (NYU), Professor Brody spoke on “Tax Court Equity Powers and Standing in Exempt Organization Enforcement” at the U.S. Tax Court Judicial Conference in Virginia in May 2006.

He presented “Property-Tax Exemption: How to Get It, How to Keep It,” and joined co-panelists Tom Silk and Jan Masaoka to speak on “Emerging Principles of Nonprofit Governance,” at the Legal, Financial and Management National Training Conference of the Community Action Program Legal Services, Inc. in San Francisco in June 2006.

Graeme Dinwoodie’s recent talks include “Trademark Law and Linguistics: A Comment on Durant,” at the Interdisciplinary Conference on Trademarks at University of Cambridge in July 2006.

He spoke on “Foreign and International Influences on National Copyright Policy: a Surprisingly Rich Picture,” at the Conference of the Arts and Humanities Council on the Future of Copyright in London, England in June 2006.

“The Nuts and Bolts of Teaching,” was Professor Dinwoodie’s topic at the Association of American Law Schools’ Workshop for New Law Teachers in Washington, DC in June 2006.

He spoke on “Copyright and Free Expression,” at the Association Littéraire et Artistique Internationale Study Days in Barcelona, Spain in June 2006.

“The Global Politics of Intellectual Property,” was his topic at the Association of American Law Schools Mid-Year Meeting on Intellectual Property in Vancouver in June 2006.

Professor Dinwoodie spoke on “The Limits of Harmonization,” at the Conference on the Role of the United States in International Intellectual Property Law at The John Marshall Law School in Chicago in May 2006.

Ted Field will speak on the protection of intellectual property rights in the United States to a group of officials visiting here from the Zhejiang Province of China on September 13, 2006. This talk is part of a governmental management training program put on by IIT’s Graduate Program in Public Administration.  The group includes mayors, county presidents, and other senior officials working in cities and provincial government.

David Gerber gave a university lecture at the University of Exeter in England in May 2006. The title was “Forms of Modernization in European Competition Law.”

He gave an endowed lecture at the University of Lausanne Law Faculty in Switzerland in June 2006,  “Thinking About Competition Law: A Global Perspective.”

In July, Professor Gerber was elected a titular member (i.e., permanent member of the governing body) of the International Academy of Comparative Law in Paris, France.

Douglas Godfrey authored a publication on alternative dispute resolution techniques in complex litigation for Illinois judges as the faculty reporter for the Illinois Judicial Conference’s Study Committee on Complex Litigation.

He was interviewed by ABC as an expert on the report of the special grand jury investigating the allegations of police torture in the City of Chicago.

Dan Hamilton gave a talk to the faculty at Northwestern Law School on “Property Confiscation in the Civil War” in April 2006. On September 3, He will take part in a panel on “The Constitution and the Civil War” chaired by Sanford Levinson at the Annual Meeting of the American Political Science Association. Professor Hamilton is also giving talks at the Midwest Law and Society Retreat at the University of Wisconsin Law School, and at DePaul University College of Law in September and October 2006.

Professor Hamilton is the symposium editor of an upcoming volume of the Chicago-Kent Law Review exploring popular constitutionalism and his article, Popular Constitutionalism in the Civil War: A Trial Run will appear in that issue. His entries on “The Confiscation Acts,” “Ex Parte McCardle,” “Ex Parte Milligan,” Texas v. White, and “The Civil Rights Act of 1866” appear in the recently published Encyclopedia of the Reconstruction Era

Steven Harris has been appointed to represent The American Law Institute on the Committee to Harmonize North American Law with Regard to the Assignment of Receivables in International Trade Convention. The Committee, which has representatives from Canada, Mexico, and the United States, is working to ensure that the legal regimes of the three countries faciliates the financing of receivables across national borders.

Professor Harris is serving as a consultant on the Equipment Leasing and Finance Foundation’s study on The Evolution of the Paperless Transaction and its Impact on the Equipment Lease Finance Industry. The study examines the benefits, challenges and future of a paperless business process.

Timothy Holbrook will speak on “The Failed Promise of Phillips,” at a Chicago Bar Association program on September 19, 2006. He will discuss the current state of the Federal Circuit’s claim construction jurisprudence. Professor Holbrook will be one of a panel of speakers.

He discussed the complications for toxicogenomics with respect to obtaining the rights to various genetic information in light of both patent and privacy concerns at a panel, “Access to Patented Toxicogenomics Applications,” at the Intellectual Property Concerns for Toxicogenomics meeting sponsored by the National Research Council’s Committee on Emerging Issues and Data on Environmental Contaminants in Washington, DC, in June 2006.

Professor Holbrook spoke at a National Constitution Center Teleconference, “Laboratory Corp. v. Metabolite Laboratories: Implications for Gene Patents, Patients, and Beyond,” in June 2006. He discussed the Supreme Court’s recent dismissal of this case, and the opinion of three justices dissenting from the dismissal.

Harold Krent presented a talk on regulation of administrative law judges before the Illinois Association of Administrative Law Judges in June 2006.

In June Dean Krent also presented at the Law School Admissions Council Conference in Toronto. His topic was “Law School Transfer Policies.”

In July, he addressed a joint conference of the anti-monopoly committess of Poland and Ukraine on the administrative structure of competition law enforcement in the United States.

Laurie Leader appeared as a guest on a Comcast cable show entitled “The Employment Hour” last Spring and has since been asked to co-host the show. It currently airs on Comcast Skokie Channel 19 to certain suburban locations but the viewing area may expand.

Professor Leader spoke at a National Business Institute’s program entitled “Wage and Hour Law: Answers to Everyday Questions” in August 2006.

She is co-chairing the ABA Labor & Employment Law Committee’s Trial Advocacy Competition in Chicago which will be held at the federal courthouse in Chicago on November 18-19, 2006.

Martin Malin was elected to a three year term on the National Academy of Arbitrators’ Board of Governors at the Annual Meeting in May 2006.

He moderated and presented on a panel on Public Sector Labor Law at The Labor Law Group’s conference in Saratoga Springs, NY in June 2006.

Professor Malin spoke on, “But We’ve Always Done It This Way: The Use and Abuse of Past Practice in Labor Arbitration,” at the Wisconsin Employment Relations Commission’s 2nd Annual Conference on Wisconsin Public Sector Labor Relations in Madison in April 2006.

Nancy Marder spoke about the jury and damage awards as part of a panel on  “Damages–Where Have We Been, Where Are We Going?” at a conference entitled The Past, Present and Future of Consumer Law, held at the University of Houston Law Center in May 2006.

She gave a talk entitled “Learning By Doing: The Power of Drafting Exercises” at AALS’s Conference on New Ideas for Law School Teachers: Teaching Intentionally in Vancouver in June 2006.

Professor Marder presented a paper as part of a panel on “Cutting-Edge Jury Research” at the Law and Society Association Annual Meeting in Baltimore in July 2006. She also served as Chair and Discussant for a second panel, “Lay Participation in Law: The Law Reform Process.”

Sheldon Nahmod spoke to federal district court judges at a program of the Federal Judicial Center in Denver in August 2006. His topic was “Section 1983 Qualified Immunity.”

Professor Nahmod will conduct a roundtable for faculty at Chicago-Kent on Tuesday, September 5, 2006. His topic is “Public Employee Free Speech after the Supreme Court’s 2006 Garcetti Decision.” He plans to write a law review article on the subject.

Henry Perritt was in Kosovo in late May and early June, helping Rule of Law Extern Ed Pauker get started in the Special Chamber of the Kosovo Supreme Court, and working with Honors Scholar Jeff LaMirand on initial research on an anti-corruption initiative for Kosovo. Professor Perritt also arranged for the Albanian-language publication of his forthcoming book on the Kosovo Liberation Army. He received considerable press and radio attention for a song he wrote about the KLA.

After his return, Professor Perritt worked with a team of research assistants to produce a 75-page report on anti-corruption initiatives in Kosovo, and two substantial legal memoranda for one of the KLA commanders scheduled to stand trial in the Hague in January for violations of the law of armed conflict. He also supervised Rule of Law Externs Pauker, Austin Kaplan (Supreme Court of Venezuela), Brooke Heimann (Jordan Human Rights NGO), and Lawrence Ershaghi (Iran University).

Ronald Staudt gave two speeches at plenary sessions of the ABA TechShow 2006 in April 2006. His topics were “Perspective on Law Practice Management–Automation or Communications” and “Technology and Access to Justice.”

Richard Wright presented a paper, “Acts and Omissions as Positive and Negative Causes,” at an international conference on Emerging Issues in Tort Law at the University of Western Ontario, Canada, in June 2006. Selected papers from the conference, including Professor Wright’s, will be published in 2007 under the title, Emerging Issues in Tort Law, by Hart Publishing in England.

Professor Wright has been appointed to the Board of Advisors for the Journal of Tort Law. He will participate in the journal’s inaugural conference, Tort Law and the Modern State, at Columbia Law School, September 15-16, 2006.

He was interviewed for and quoted in an article on “Case-by-Case Tort Reform” in the June 2006 issue of the ABA Journal.

Research in Progress – August 2006

Lori Andrews was awarded a $220,000 grant from the U.S. Department of Energy to explore the relationship between intellectual property law and nanotechnology. The project will monitor the extent to which patents related to nanotechnology have been granted and identify existing and potential problems with the patent system’s response to nanotechnology. Included in the project will be a claim-by-claim analysis of patents to determine the nature, incidence, and potential impact of nanotechnology patents.

Professor Andrews, along with co-authors Julie Burger and Marianne Timm, is writing a chapter for a book about nanotechnology which will examine unique issues that nanotechnology will raise in intellectual property law and will discuss what impact the current intellectual property system will have on nanotechnology research, development and progress.

Martin Malin has completed an article, Charter Schools and Collective Bargaining: Compatible Marriage or Illegitimate Relationship?, which is currently under submission to law reviews.

Nancy Marder is working on an article on voir dire, which is the process by which prospective jurors are questioned in open court to determine if they can be impartial.  She is looking at the stated purposes of voir dire, which voir dire is poorly designed to accomplish, as well as the unstated and fairly controversial purposes that voir dire is well-suited to accomplish. The working title of this article is The Unspoken Purposes of Voir Dire.

Ronald Staudt prepared a Draft White Paper as a key deliverable from a June 2006 conference hosted by Chicago-Kent. The Workshop on Access to Justice, Leveraging Law Students and Technology was attended by 40 judges, legal educators and legal aid experts. Funded by the State Justice Institute, the Workshop aimed to identify models for new ways to involve law students in delivering legal aid using technology.

Joan Steinman is working on the 2007 Supplement to Volume 14B of the Wright & Miller Federal Practice and Procedure treatise, and the 2007 Pocket Part to Volume 14C of the same treatise.

Publications – August 2006

Lori Andrews’s article, The Battle over the Body, will appear in Trial in October 2006.

Professor Andrews has published Brave New Babies, 9.3 DePaul J. Health Care L. 1355 (2006)(reviewing Judith Daar, Reproductive Technologies and the Law (2006)).

Bernadette Atuahene has published her article, Land Titling: A Mode of Privatization with the Potential to Deepen Democracy, 50 St. Louis U. L.J. 761 (2006).

Professor Atuahene’s article, Legitimizing Property Rights When Past Theft Colors the Distribution of Property, is forthcoming in Berkeley Journal of International Law.

Evelyn Brody has contributed chapters to two books which are are now in press:

Tax Treatment of Nonprofit Organizations: A Two-Edged Sword? (with Joseph Cordes), in Nonprofits and Government: Collaboration and Conflict (Elizabeth Boris and C. Eugene Steuerle eds., 2d ed., The Urban Institute Press).

The Legal Framework for Nonprofit Organizations, in The Nonprofit Sector: A Research Handbook (Richard Steinberg and Walter W. Powell, eds., 2d ed., Yale University Press).

Timothy Holbrook has a forthcoming article, The Expressive Impact of Patents, that will be published in 2007 in Washington University Law Review. His chapter, The Risks of Early Commercialization of an Invention: the On-Sale Bar to Patentability, will be published in Intellectual Property and Information Wealth (P. Yu ed., Praeger Publishers, forthcoming 2006).

Professor Holbrook has published two recent articles:

Possession in Patent Law, 59 SMU L. Rev. 123 (2006).

The Intent Element of Induced Infringement, 22 Santa Clara Computer & High Tech. L.J. 399 (2006).

Nancy Marder’s Introduction to Secrecy in Litigation is about to be published in 82 Chicago-Kent L. Rev. ___ (2006). Professor Marder also served as the Symposium Editor for this issue of the law review

Sheldon Nahmod completed the extensive 2006 Update to his treatise, Civil Rights and Civil Liberties Litigation: The Law of Section 1983 (4th ed., West Publishing, 1997, 2006).

In addition, Professor Nahmod completed the 2006 Supplement to his casebook, Constitutional Torts (2d ed., LexisNexis, 2004)(with Wells and Eaton).

Henry Perritt completed an article on the law of armed conflict as applied to guerrilla insurgencies. He also finalized his article on the economics of digital music, and presented it at the Intellectual Property Scholars Conference at UC Berkeley School of Law in early August 2006.

David Rudstein has completed work on and submitted the manuscript for the 2006 annual update to his three-volume treatise on criminal procedure, Criminal Constitutional Law, published by LexisNexis/Matthew Bender.

Michael Spak has published A Survey of Commercial Law (West Publishing, 2006).

Ronald Staudt has published two articles:

Technology for Justice Customers: Bridging the Digital Divide Facing Self-Represented Litigants, 5 Md. L. J.Race, Religion, Gender & Class 71 (2005).

Democracy, Paper and Gray Cats, A Tribute to Peter Seipel (Festskrift till Peter Seipel, 2006).

Joan Steinman’s casebook (and Teacher’s Manual) was published this month: Meador, Baker, Steinman, Appellate Courts: Structures, Functions, Processes, and Personnel (LexisNexis 2006).