Monthly Archives: February 2007

Faculty Activities – February 2007

Lori Andrews presented “Cell Lines and $ell Lines,” at an intercultural conference, Who Owns Nature? Bioprospecting, Biotechnology and Indigenous People’s Rights, in Seattle in October 2006. In November, Professor Andrews addressed a group of undergraduate, graduate, and law students at Yale University about issues surrounding gene patents.

She participated in a workshop on the “Ethical Aspects of Nanotechnology” which was held at Arizona State University in January, hosted by the National Nanotechnology Initiative. Also in January, Professor Andrews presented “Who Owns Your Genes? The Ethics of Gene Patents,” at the public symposium “The Genetic Marketplace: A Citizen’s Guide to the Genomic Bazaar,” in Los Angeles.

Professor Andrews made several media appearances this winter, including interviews in The Washington Post and on the television show Good Morning America to discuss the legal and ethical issues surrounding uterine transplants. She was interviewed on the National Public Radio show, Science Friday, where she discussed the effects of patents on science, and featured in Chicago Lawyer in an article about reproduction law.

Matthew Bernstein led a panel on employment-based immigration at the American Immigration Lawyers Association, Chicago Chapter Fall Conference, “Hot Topics in Business Immigration” in November 2006.

Evelyn Brody continues as Reporter of the American Law Institute’s project on Principles of the Law of Nonprofit Organizations. Professor Brody revised the Discussion Draft (April 6, 2006), covering governance, into Council Draft No. 4. At its October meeting, the Council approved the draft, now revised into Tentative Draft No. 1, for approval of the membership at the 2007 Annual Meeting in San Francisco in May 2007. Professor Brody spoke about the ALI project as part of the session on “State-Level Legal Reform of the Law of Nonprofit Organizations,” at the Panel of the Section on Nonprofit Law and Philanthropy at the Association of American Law Schools Annual Meeting in Washington, DC in January 2007.

From the Dead Hand to the Living Dead: The Conundrum of Charitable-Donor Standing is forthcoming later in 2007 in the Georgia Law Review, as part of the Symposium on State-Level Legal Reform of the Law of Nonprofit Organizations. Professor Brody presented this piece at the 35th Annual Conference of the Association for Research on Nonprofit Organizations and Voluntary Action, as part of a panel on “Charitable Donors and the Legal Construction and Enforcement of Donor Intent” in Chicago in November 2006.

She presented her paper, “The Board of Nonprofit Organizations: Puzzling Through the Gaps Between Law and Practice,” at the Seminar on the Nonprofit Sector and Philanthropy, Harvard Law School and the Hauser Center for Nonprofit Organizations, Kennedy School of Government in November 2006. She also participated in an invitational conference on “Toward a Public Policy Strategy for Nonprofit Governance and Accountability,” organized by the Hauser Center and Harvard Law School in October 2006.

Professor Brody spoke to charity regulators as a panelist on “Continuing the National Conversation on Government Regulation and Self-Regulation of the Nonprofit Sector, at the Charitable Trust and Solicitations Seminar: Nonprofit Leaders Seminar, National Association of Attorneys General/ National Association of State Charities Officials in Nashville in October 2006.

Graeme Dinwoodie’s recent talks include “Dilution as International Unfair Competition Law,” at the Conference on Anti-Dilution: The Theory
and the Reality of Extended Trade Mark Protection in the US and EU at New York University School of Law in December 2006.

He spoke on “Do Intellectual Property Rights Harm or Help Developing Countries?,” at the Federalist Society National Convention in Washington, DC in November 2006.

“The WIPO Copyright Treaties: A Transition to the Future of International Copyright
Lawmaking?,” was Professor Dinwoodie’s topic at the Conference on The 1996 WIPO Copyright Treaties: 10 Years Later at Case Western Reserve University School of Law in Cleveland in November 2006.

David Gerber gave a lecture at the annual meeting of the Association for Competition Law Studies in Paris in December 2006. The title of the lecture was “Competition Law and the Institutional Imbeddedness of Economics.”

Richard Gonzalez has given several talks recently at Continuing Legal Education events being offered locally to help attorneys comply with the new mandatory Illinois CLE requirements. The procedural aspects of employment cases was his topic at an Illinois State Bar Association seminar in January 2007.

Professor Gonzalez spoke on oral contract and fraudulent misrepresentation claims in employment cases at the Chicago Bar Association Labor & Employment Committee also in January, 2007. He will speak on strategies and tactics in employment cases at the National Employment Lawyers Association’s February 2007 Midwest seminar.

Sanford Greenberg will report on this year’s legal research survey currently being conducted as part of the planning for the Back to the Future of Legal Research Symposium to be held at Chicago-Kent in May.

Professor Greenberg is chairing one of seven committees developing action plans as part of Oak Park’s District 97 Elementary Schools’ Strategic Planning process.

Philip Hablutzel was elected to a fourth one-year term as a Public Member of the Business Conduct Committee of the Chicago Board Options Exchange. The Committee rules on allegations of misconduct among members of the exchange.

Professor Hablutzel now serves as Director of the Institute of Illinois Business Law which has been established at Chicago-Kent.

Steven Heyman presented two chapters on the history of First Amendment theory from his forthcoming book at a Chicago-Kent mini-workshop in September 2006. The workshop was held in connection with the visit of Centennial Visiting Professor Hendrik Hartog, a legal historian at Princeton University.

In November 2006, Professor Heyman gave a faculty workshop on “Antiabortion Protests and the First Amendment” at the University of Illinois College of Law in Urbana-Champaign.

Timothy Holbrook presented the talk, “2006: A Year of Supreme Court Action and Federal Circuit Inaction,” at the Midwinter Meeting of the American Intellectual Property Law Association in January 2007, in New Orleans.

He will discuss his paper, “Extraterritoriality in U.S. Patent Law,” at the conference “Patents and Progress: Reflections in the Midst of Change” at DePaul University College of Law in March 2007.

Professor Holbrook was a Founder and is the Program Chair for the newly formed Richard Linn Inn of Court, which focuses on issues of intellectual property law. He was co-chair of the IP Day in Chicago Committee for the Chicago Intellectual Property Alliance. IP Day was on February 7, 2007, and the theme was “The Supreme Court and Intellectual Property.”

Harold Krent addressed a conference on The Constitutional Implications of Presidential Signing Statements at William & Mary School of Law in early February 2007.

Laurie Leader served as a regional co-chair of the ABA Labor and Employment Law Committee’s first trial advocacy competition in Chicago in November 2006 and was asked to co-chair the event again next year.

She completed 40 hours of training and became certified as a mediator in December 2006.

In January 2007, Professor Leader began co-hosting the Comcast Cable show entitled “The Employment Hour.” The first show focused on noncompete and other restrictive covenant agreements.

Martin Malin spoke on “Work/Family Conflict Issues in Grievance Arbitration,” to the ABA Section of Labor and Employment Law in December 2006.

Professor Malin will present a workshop, “Do Cognitive Biases Infect Adjudication?: A Study of Labor Arbitration,” at DePaul University College of Law on March 13, 2007.

Nancy Marder presented a paper as part of a panel on “The Public’s Perception of the American Jury System as Drawn from Movies and Television” at the National Jury Summit entitled “Saving the Jury Trial.” The conference was held in Las Vegas, Nevada on February 8-9, 2007 and was sponsored by the American Board of Trial Advocates.

On March 24, 2007, Professor Marder will present a paper as part of a panel on “The Technologies of Law” at the Association of Law, Culture & Humanities Conference. The Conference will be held at Georgetown Law Center in Washington, DC.

In November and December 2006, Professor Marder served as a peer reviewer for the National Science Foundation, Law & Society Review, and Studies in Law, Politics, and Society.

Sheldon Nahmod spoke on important decisions of the Supreme Court’s 2006 and 2007 Terms to an audience of several hundred attorneys at the Defense Research Institute’s Government and Civil Liability Conference held in Orlando, Florida on February 2, 2007.

On March 1, 2006, Professor Nahmod will provide a three-hour overview of Section 1983 and civil rights to newly appointed federal district court judges at a program held in Washington, DC, under the auspices of the Federal Judicial Center. In addition, he will attend a reception and dinner at the Supreme Court with several of the justices (including Chief Justice Roberts) and the federal district court judges.

He will argue an employment case in the United States First Circuit Court of Appeals on March 6, 2007. The argument will take place in Puerto Rico, which is part of the First Circuit.

Henry Perritt will contribute to a symposium at Michigan State University College of Law in February 2007 on the limitations of digital rights management technologies as a way of controlling the way the international market for downloadable music evolves.

David Rudstein will present a paper, “Retrying the Acquitted in England, Part II: The Exception to the Rule Against Double Jeopardy for ‘Tainted Acquittals'” at the Oxford Round Table in Criminal Law, at Harris Manchester College, University of Oxford, Oxford, England, in April 2007.

Professor Rudstein has been invited to present his paper, “Retrying the Acquitted in England, Part I: The Exception to the Rule Against Double Jeopardy for ‘New and Compelling Evidence'” to the Queensland (Australia) Law Society at their conference on European Perspectives on the Law, to be held in Paris, France, in October, 2007.

Ronald Staudt will be the recipient of the Howard Heflin Award from the State Justice Institute for Chicago-Kent’s A2J Author Project. He will accept the award on March 23, 2007 at the ABA Equal Justice Conference Award Luncheon in Denver, Colorado.

He will lead a Conference session on “Using Technology to Leverage Law Students in the Delivery of Legal Services to Low Income People.” The session will consider the White Paper written by Professor Staudt after the Workshop on this topic held at Chicago-Kent in June 2006.

Professor Staudt has been appointed to the ABA Presidential Working Group on Rule of Law and Corporate Social Responsibility.

Keith Ann Stiverson was a participant in the Section 108 Copyright Study Group Roundtable, held at DePaul University College of Law in January 2007. The Study Group is examining whether Section 108 of the Copyright Act (which covers copyright exceptions and limitations applicable to libraries and archives) should be revised to better reflect new technologies and delivery methods.

The Chicago Roundtable focused on copies for users, including interlibrary loan. Participants included librarians, archivists, rights-holders, and other representatives of interested groups such as the Copyright Clearance Center and the Federation of the Blind. Keith Ann represented the American Association of Law Libraries.

Richard Wright has been invited to participate in several upcoming symposia:

On March 22-23, 2007, he will participate in a symposium at the University of Texas in Austin on “Products Liability: Litigation Trends on the 10th Anniversary of the Third Restatement.” Papers from the symposium will be published in The Review of Litigation.

On July 27-28, 2007, he will participate in a British Academy Symposium at Cambridge University on “The Legacy of H.L.A. Hart: Legal, Political and Moral Philosophy,” at which leading scholars on various topics will explore the full range of Hart’s philosophical thought. Papers from the symposium will be published by Oxford University Press.

On August 1-6, 2007, Professor Wright will participate in a “Special Workshop on General Concepts in the Law” at the 23rd World Congress of Philosophy of Law and Social Philosophy in Cracow, Poland. Papers from this workshop will be published in a book.

Research in Progress – February 2007

Lori Andrews traveled to Vietnam in January. She visited the Institute for Tropical Biology, which undertakes work on the healing properties of plants for biotechnology purposes.

Martin Malin is working on a new casebook, Labor Law in the Contemporary Workplace, which is under contract to be published by Thomson-West.

Nancy Marder is working on an Introduction to “The 50th Anniversary of ’12 Angry Men,'” which will appear in the Chicago-Kent Law Review in a symposium for which she is Symposium Editor.

Sheldon Nahmod’s article, tentatively entitled Public Employee Speech and Garcetti v. Ceballos, is close to completion and will be submitted to various law reviews in early March 2007.

Publications – February 2007

Kari Aamont has a forthcoming article, Integrating On-Line and Print Research Training: A Guide for the Wary, 15 Perspectives: Teaching Legal Research and Writing ___ (forthcoming 2007) (with Suzanne Ehrenberg).

Lori Andrews, along with co-authors Jordan Paradise, Timothy Holbrook, and Danielle Bochneak, published an article in Science in December 2006 which examined the effects of the patenting of scientific information.

The technology website www.tcsdaily.com featured an article by Professor Andrews, “Michael Crichton is Right About Gene Patents,” in response to an article entitled “Why Michael Crichton is Wrong About Gene Patents,” in January 2007.

William Birdthistle has a forthcoming article, Football Most Foul, 10 Green Bag 2d 157 (forthcoming Winter 2007).

Graeme Dinwoodie co-authored a casebook, E-Commerce, The Internet, and The Law (with Professors Richard Warner and Margaret Stewart and Dean Harold Krent) (West Publishing 2006)

His article, Dilution’s (Still) Uncertain Future, 105 Mich. L. Rev. First Impressions 98 (2006)(With Mark Janis), is part of an online symposium on the Trademark Dilution Revision Act of 2006.

Professor Dinwoodie has a forthcoming article, Diversifying Without Discriminating: Complying with the Mandates of the TRIPS Agreement, __ Mich. Telecomm. & Tech. L. Rev. ___ (forthcoming, 2007) (with Rochelle Dreyfuss) (symposium issue).

Sanford Greenberg’s article, Legal Research Training: Preparing Students for a Rapidly Changing Research Environment has been accepted for publication by The Journal of the Legal Writing Institute. The article analyzes a survey conducted for Chicago-Kent’s 2005 Symposium on the Future of Legal Research.

Dan Hamilton has published his book, The Limits of Sovereignty: Property Confiscation in the Union and the Confederacy during the Civil War
(University of Chicago Press, 2007).

Steven Heyman has finished the manuscript for his book Free Speech and Human Dignity, which will be published later this year by the Yale University Press.

Timothy Holbrook has a forthcoming symposium article, The Return of the Supreme Court to Patent Law, 1 Akron Intell. Prop. J. ___ (forthcoming 2007).

He co-authored an article in Science magazine, When Patents Threaten Science, 314 Science 1395 (2006) (with Lori Andrews, Jordan Paradise, and Danielle Bochneak).

Professor Holbrook has been added as a co-author of the casebook Patent Litigation and Strategy (Thomson-West.) Other authors are the Honorable Kimberly A. Moore, the Honorable Paul R. Michel, and Rafael Lupo.

Laurie Leader has completed the annual update for her treatise, Wages and Hours: Law and Practice, published by Matthew Bender (Lexis/Nexis).

Nancy Marder has published her article, Cyberjuries: A New Role as Online Mock Juries, 38 U. Toledo L. Rev. 101 (2007)(symposium on online dispute resolution).

Henry Perritt’s article, New Architectures for Music: The Law Should Get Out of the Way, will be published in March 2007 by the Hastings Communication and Entertainment Law Journal.

His article, Music Markets and Myths, will be published in Spring 2007 by the Seton Hall Journal of Sports and Entertainment Law.

Professor Perritt’s article, Making International Criminal Law Realistic, will be published this Spring by the London Criminal Law Review.

David Rudstein has published the 2006-07 update to his three-volume treatise Criminal Constitutional Law (Lexis/Nexis, 1990).

Professor Rudstein’s article, Retrying the Acquitted in England, Part I: The Exception to the Rule Against Double Jeopardy for “New and Compelling Evidence,” will be published this Spring in the San Diego International Law Journal. 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.