Monthly Archives: November 2006

Faculty Activities – November 2006

Bernadette Atuahene has been invited to present at the Loyola University Chicago symposium, Rule of Law and Delivering Justice in Africa, which will be held on February 15-16, 2007. She presented her forthcoming article, From Reparations to Restoration: Legitimizing Property Rights When Past Theft Colors the Distribution of Property, at the Semi-Annual Illinois-Kent Colloquium.

Professor Atuahene has been recruited by Illinois State Senator Jacqueline Collins to advise her and other Senate caucuses on the recent legal challenge to the Illinois Act to End Atrocities and Terrorism in Sudan.

Ralph Brill has been appointed by the Illinois Supreme Court to the Advisory Committee on Minimum Continuing Legal Education. The Committee will act on issues assigned to it by the Court.

Graeme Dinwoodie’s recent talks include “Copyright Lawmaking Authority: An Internationalist Perspective on The Treaty Clause,” at the Symposium on Copyright and the Constitution at Columbia Law School in October 2006.

He spoke on “The Scope of Protection for Well-Known Marks Under U.S. and International Law,” at the Seminar on Well-Known Marks and Marks with a Reputation at IPR University Center, Helsinki, Finland in October 2006.

“Developing a Private International Intellectual Property Law: Transnational Dialogue as a Lawmaking Institution,” was Professor Dinwoodie’s topic at the Seminar on Transformations of the State at Loyola University Chicago School of Law in October 2006.

He spoke on “Diversifying Without Discriminating: Complying with the Mandates of the TRIPS Agreement,” at the Conference on Patents and Diversity in Innovation, University of Michigan School of Law in September 2006.

“Trademark Law and Social Norms,” was his topic at the Colloquium on Intellectual Property Law, University of Arizona School of Law in September 2006.

Professor Dinwoodie spoke on “Fair Use After KP Permanent,” at the Sixteenth All Ohio Annual Institute on Intellectual Property, in Cleveland and Cincinnati, Ohio in September 2006.

He also participated in a drafting session of the Max Planck Working Group on Conflict of Laws in Intellectual Property in Paris in September.

David Gerber gave two lectures in Korea in September 2006. “The Relationship between Consumer Protection Law and Antitrust Law in the United States” was his topic for the 4th Seoul International Competition Law Conference. The other lecture, “Perspectives on Competition Law: Asia, the US and Europe,” was given to a meeting of the Korean Competition Law Association in Seoul.

Later in September he gave a presentation at the Annual Meeting of the Society for New Instutional Economics in Boulder, Colorado. His topic there was “The Dynamics of Developing a Competition Law in China.”

In October, Professor Gerber gave a lecture on the evolution of thinking about global competition law at the University of Palermo, Italy. Also in October

he gave a lecture at a conference on The Modernization of Competition Law in Europe held at the law faculty of the University of Turin, Italy. His lecture was entitled “EU Competition Law in the Global Market.”

Douglas Godfrey was a presenter during a CLE seminar exploring the use of free electronic research resources. He also appeared on several media outlets giving commentary on the George Ryan trial.

Richard Gonzalez spoke at the Practicing Law Institute’s annual seminar on Recent Developments in Employment Law in October, 2006.

With the help of two clinic students — Priya Koul and Veronica Garcia –Professor Gonzalez scored a major Illinois Appellate Court victory in a sexual harassment and retaliation case involving a female police officer. The decision was significant because it is a very rare reversal of an Illinois Department of Human Rights ruling. Basically, the Appellate Court ruled that the IDHR set far too high a standard in assessing the merits of sexual harassment and retaliation claims.

Philip Hablutzel was a speaker at John Marshall Law school in September 2006 at a Conference honoring the 40th anniversary of Dr. Martin Luther King’s push for open and fair housing. The Conference dealt with the federal Fair Housing Act and the Residential Landlord-Tenant Act. Professor Hablutzel was the project leader and draftsperson for the Model Residential Landlord-Tenant Code, published in 1969. It later became the Uniform Residential Landlord-Tenant Act, now adopted in 22 states and several cities such as Chicago and Evanston. For his talk, Professor Hablutzel described the legal and political situation in the late 1960’s which had an impact on the drafting of the Model Code.

Dan Hamilton organized a panel on “Citizenship and the Law in 19th Century America” for the November 2006 meeting of the American Society for Legal History. Professor Hamilton is a member of the program committee.

Steven Harris presented a paper, “Dealing with Security Interests in International Bankruptcies,” at the Symposium on Bankruptcy in the Global Village: The Second Decade, sponsored by Brooklyn Law School in October 2006.

Professor Harris spoke on “Cross-Border Transactions among Canada, Mexico, and the United States” at a program designed to introduce financial institutions to the United Nations Convention on the Assignment of Receivables in International Trade in New York City in October 2006. Among the program’s sponsors were the U.S. Department of State Legal Advisor’s Office for Private International Law and the American Bar Association Business Law Section.

Timothy Holbrook gave a talk on “Contrasting the Extraterritorial Enforcement of Trademark and Patent Rights” at the Annual Meeting of the American Intellectual Property Law Association in Washington, DC. in October 2006.

Professor Holbrook will speak on “Patents, Identity, and the Specter of Privatized Eugenics” at the conference, Patenting People, to be held November 12-13, 2006 at Cardozo Law School in New York City.

Harold Krent presented a talk on privacy and e-commerce before the Shanghai Bar Association in September 2006. He addressed a symposium at Sripatum University in Bangkok that same month on the role of a lawyer in an era of free trade.

Dean Krent later served on a panel examining the Roberts Court’s approach to executive power at the International Network of Boutique Law Firms’ Annual Conference in Chicago in September.

Laurie Leader was recently interviewed for an article on cross-examination techniques to be published in a future issue of the Illinois State Bar Journal. She was also interviewed on the subject of sexual harassment by Glamour Magazine.

Professor Leader has been asked to speak on wage-hour issues at a seminar for employers co-sponsored by the Illinois Department of Employment Security and the Greater O’Hare Chamber of Commerce. That seminar will be held in mid-January 2007.

Nancy Marder presented a paper entitled “Cyberjuries: A New Role as Online Mock Juries” as part of a panel on Risk, Regulation and Professions at the Midwest Law and Society Retreat at the University of Wisconsin-Madison in September 2006.

She served as a Conference Fellow at a conference entitled The New Exceptionalism:  Law and Literature Since 9/11, which was held at Cardozo School of Law in New York City in October 2006.

Professor Marder has organized and will moderate a panel at the Association of American Law Schools Annual Meeting in Washington, DC on “The 50th Anniversary of ’12 Angry Men.'” The panel will be held on Friday, January 5, 2007.

Sheldon Nahmod spoke on Guantanamo Bay and the Rule of Law at the national Guantanamo Bay Teach-in held at Chicago-Kent in October 2006.

He spoke on affirmative action for the Constitutional Rights Foundation of Chicago at a program in Oakbrook, Illinois, on November 3, 2006.

Professor Nahmod will speak on on qualified immunity and section 1983 to a division of the Chicago Law Department on November 15, 2006.

“Public Employee Speech and the First Amendment” will be his topic at Chicago-Kent’s Public Sector Labor Law Conference on December 1, 2006.

He will speak on the Supreme Court’s 2005 Term and its current 2006 Term in Orlando, Florida, on February 2, 2007, at the Defense Research Institute’s Civil Rights and Government Liability Conference.

Professor Nahmod has also assisted in writing briefs on constitutional law and civil rights issues in cases currently pending in the United States Supreme Court, the First and Tenth Circuits and the Northern District of Illinois.

Henry Perritt did an interview with WGN TV on Internet domain names.

Professor Perritt and several of his students released an 85-page report on an anti-corruption initiative for Kosovo. The report is attracting a good deal of attention, including a request for an interview of Professor Perritt and 1L Honors Scholar Jeff LaMirand by the Voice of America.

An interview with Professor Perritt on final status negotiations for Kosovo was published by one of Kosovo’s main newspapers.

Carolyn Shapiro presented “The Changing Role of the Lawyer,” at the Annual Conference of the National Association of College and University Attorneys in June 2006. She presented her work-in-progress, provisionally titled Coding Complexity: Doctrine, Legal Reasoning, and the Spaeth Database at the University of Cincinnati Law School in September 2006, and at the Midwest Law and Society Workshop at the University of Wisconsin-Madison, also in September.

Along with Steve Sowle, Dan Hamilton, and Bernadette Atuahene, she organized Chicago-Kent College of Law’s participation in the the national Guantanamo Teach-In in October 2006.  She also arranged for Professor Neal Katyal from Georgetown University Law Center to speak at Chicago-Kent on October. Professor Katyal, who argued Hamdan v. Rumsfeld in the Supreme Court, spoke on “Guantanamo, the Supreme Court, and the Rule of Law.”

Professor Shapiro made a presentation on Hamdan v. Rumsfeld to high school teachers participating in the Constitutional Rights Foundation of Chicago’s 2006 Illinois Law-Related Conference on November 3, 2006.

Joan Steinman continues to serve on the United States Court of Appeals for the Seventh Circuit Advisory Committee on Circuit Rules.

Professor Steinman participated in the fall meeting of the American Law Institute Consultative Group on Principles of the Law of Aggregate Litigation.

Dan Tarlock spoke on “International Environmental Law and the Proposed Great Lakes Diversion Control Regime,” at the University of Michigan Conference on Current Environmental Issues Regarding the Great Lakes in Ann Arbor, Michigan in September 2006.

Professor Tarlock was the luncheon speaker at the Inland Northwest Research Alliance Conference on Contemporary Water Issues in Montana and the West in Bozeman, Montana in September 2006. His topic was “Western Water Management Under Stress.”

Research in Progress – November 2006

Graeme Dinwoodie is working on the second edition of his casebook, Trademarks and Unfair Competition, with Mark Janis. Professor Dinwoodie is also working on a book, Achieving Balance in International Intellectual Property Law, with Rochelle Dreyfuss. The book will be published by Oxford University Press.

Nancy Marder is working on an essay, Law, Literature & Feminism:  Broadening the Canon with New Texts, for a volume called Teaching Law and Literature, edited by Austin Sarat, Katherine Franke, and Matthew Anderson.

She is also working on an essay, The Banality of Evil: A Portrayal, for the Chicago-Kent Law Review’s symposium issue on The 50th Anniversary of “12 Angry Men,” for which she is Symposium Editor.

David Rudstein is now working on Part II of the series: The Exception to the Rule Against Double Jeopardy for “Tainted Acquittals.

Joan Steinman is working on the 2008 Supplement to Volume 14B of the Wright & Miller Federal Practice and Procedure treatise, and the 2008 Pocket Part to Volume 14C of the same treatise.

Professor Steinman has commenced work on law review articles concerning implications of the Supreme Court’s definition of a “civil action” in its 2005 decision of Exxon Mobil Corp. v. Allapattah Services, Inc., and on appellate courts’ decision of issues that the trial court did not decide.

Publications – November 2006

William Birdthistle has published his article, Compensating Power: An Analysis of Rents and Rewards in the Mutual Fund Industry, 80 Tul. L. Rev. 1401 (2006).

His Op-Ed piece, “Relegating the Twelfth Man,” was published in the Chicago Tribune, July 12, 2006, at 19.

Sungjoon Cho has three forthcoming articles:

Toward a New Economic Constitution: Judicial Disciplines on Trade Politics, 42 Wake Forest L. Rev. ___ (forthcoming 2007).

Doha’s Development, 24 Berkeley J. Int’l L.___ (forthcoming 2006).

Defragmenting World Trade, 27 Nw. J. Int’l L. & Bus. ___ (forthcoming 2006).

Graeme Dinwoodie’s article, Confusion Over Use: Contextualism in Trademark Law, co-authored with Mark Janis, will be published in the Iowa Law Review.

Dan Hamilton was the Symposium Editor of a volume of the Chicago-Kent Law Review entitled A Symposium on The People Themselves: Popular Constitutionalism and Judicial Review. He has two pieces in this issue, an Introduction and an article, Popular Constitutionalism in the Civil War: A Trial Run.

Professor Hamilton has also published an article, The Confederate Sequestration Act, in the December 2006 issue of Civil War History.

Harold Krent published The Lamentable Notion of Indefeasible Presidential Powers: A Reply to Professor Prakash,” 91 Cornell L. Rev. 1383 (2006).

Laurie Leader recently completed a book chapter, How to Evaluate and Investigate a Plaintiff’s Discrimination Case for the forthcoming version of IICLE’s Employment Discrimination Handbook.

Martin Malin’s article, Charter Schools and Collective Bargaining: Compatible Marriage or Illegitimate Relationship, co-authored with Professor Charles Kerchner of Claremont Graduate University, will be published in the Harvard Journal of Law and Public Policy.

Nancy Marder’s article, Cyberjuries: A New Role as Online Mock Juries, is forthcoming in Fall 2006 in the Toledo Law Review, as part of its symposium on online dispute resolution.

Sheldon Nahmod has published the 2006 Update for his two volume treatise, Civil Rights and Civil Liberties Litigation: The Law of Section 1983 (4th ed. 1997, 2006).

David Rudstein has recently submitted to various law reviews an article entitled Retrying the Acquitted in England, Part I: The Exception to the Rule Against Double Jeopardy for “New and Compelling Evidence.” The article is based upon a presentation Professor Rudstein made at the Oxford Round Table in Criminal Law at Pembroke College, University of Oxford, Oxford, England in March 2006.

Henry Perritt’s article on music file sharing, “New Architectures for Music: Law Should Get Out of the Way,” will be published by Tulane Journal of Technology and Intellectual Property in March, 2007.

Carolyn Shapiro’s recent publications include The Limits of the Olympian Court: Common Law Judging Versus Error Correction in the Supreme Court, 63 Wash. & Lee L. Rev. 271 (2006) and Recent Developments Affecting the Ethical Obligations of Attorneys in Class Actions, in Class Action Litigation 2006: Prosecution and Defense Strategies (Practising Law Institute, 2006).

Her chapter, McDonnell-Douglas After 30 in the Supreme Court and Appellate Courts, will appear in 2007 Employment Law Update, edited by Professor Henry Perritt.

Joan Steinman has finished 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, both to be forthcoming in April 2007.

Dan Tarlock has published Western Growth and Sustainable Water Use: If There Are no “Natural Limits” Should We Worry About Water Supplies?, 27 Public Land & Resources Rev. 33 (2006)(with Sarah van de Wetering).