Monthly Archives: April 2007

Faculty Activities – April 2007

Susan Adams will teach in the LL.M. program in Guangzhou in May 2007. In June she will teach in Chicago-Kent’s Pre-Law Undergraduate Scholars Program (PLUS) for college students who are interested in the legal profession.

Lori Andrews presented “Biobanking and Bioethics: When Research Hits the Courts,” as part of the Judge Ben C. Green Lecture Series at Case Western Reserve University in February 2007. As a guest lecturer, Professor Andrews also spoke about issues surrounding intellectual property and civil liberties to the Case Western faculty.

In March she addressed the students at the University of Chicago Medical School about reproductive technology, embryo research, and stem cells.

Professor Andrews spoke about the fundamentals of ethics at the Interdisciplinary Symposium at the American Academy of Forensic Sciences Annual Meeting in February.

At the National Academies of Science in Washington, DC, Professor Andrews discussed gene patenting and raised awareness for H.R. 977, the Genomic Research and Accessibility Act, a bill that is currently in committee, for which she was an advisor.

In April, the American Fertility Association honored Professor Andrews with an Illuminations Award for her pro bono work in the area of reproductive technology.  Also in April, the Bioethics program at Loyola University hosted Professor Andrews for both a class lecture on biobanking and a public lecture about genetics and the arts.  She was interviewed for an article about the ownership of body parts in the March issue of Reason magazine.

Professor Andrews will host a conference at Chicago-Kent on May 21, 2007.  The event is entitled “Who Owns Your Body?  Legal and Social Issues in Michael Crichton’s Next,” and will feature several prominent authors and academics in the field.  Michael Crichton will also speak.

Bernadette Atuahene has received the Council on Foreign Relations International Affairs Fellowship, which will fund research she is conducting on land restitution in South Africa and Colombia.

Professor Atuathene gave presentations at a panel discussion at Loyola International Law Review Symposium on Africa in Chicago in February 2007, and at the Third World and International Law Conference at Albany Law school in April 2007.

Matthew Bernstein gave a panel presentation at the American Immigration Lawyers Association’s Annual Midwest Conference on “Hot Topics” in April 2007. The program included discussion of pending legislation and recent trends in Federal Mandamus actions.

William Birdthistle taught a course on U.S. corporate law for two weeks in March 2007 at the Shanghai Bar Association.

Bartram Brown attended a Conference on Multiculturalism and International Law at the Silk Road Institute of International Law, Xi’an Jiaotong University, China, April 10-16, 2007. He presented a paper, “Multilateralism and the Bretton Woods Institutions,” which will soon be published in a volume with the other papers from the Conference.

Daniel Coyne was named 2007 Faculty Member of the Year by the Chicago-Kent Student Bar Association.

Professor Coyne has been designated as President-elect for the Chicago Council of Lawyers, Chicago’s only public interest bar association. He chaired the Bond Court Review Committee for the Chicago Council of Lawyers. The committee reviewed the bond court process at Chicago’s felony courthouse at 26th and California. Following the review, a restructuring was proposed that has been accepted by the Circuit Court and scheduled for implementation. He also chaired the Judicial Evaluation Committee for the Chicago Council of Lawyers. The Committee investigated over two hundred applicants for the recent associate judge selection process and made appointment recommendations.

He is a member of the Advisory Committee for the Cook County Criminal Justice Study, funded by the Appleseed Fund for Justice. The study is seeking to review and make recommendations for change in the administration of justice in Cook County. It is based on the 1929 Wigmore Study: The  Illinois Crime Survey.

Professor Coyne provided commentary for The Institute for Law and Humanities presentation of “The Innocence Revolution: Why is it taking so long?” The presenter was Nina Morrison of the Innocence Project.

Graeme Dinwoodie spoke on “Trademark Use and the Sale of Keywords,” at the Fifteenth Annual Fordham Conference on International Intellectual Property Law and Policy in New York in April 2007.

“Trademark Law and Social Norms” was his topic at Arts and Humanities Research Council Centre for Studies in IP Law at University of Edinburgh College of Law in March 2007. Also in March he spoke on “Reverse Notice and Takedown Under EU Law” at the Berkeley Center for Law & Technology Conference on Copyright, Digital Rights Management Technologies, and Consumer Protection at Boalt Hall School of Law in Berkeley.

Professor Dinwoodie’s February talks included “Developing a Private International Intellectual Property Law: Transnational Dialogue as a Lawmaking Institution” at the Colloquium on Innovation Policy at New York University School of Law/Columbia Law School and “Trademark Law 2017” at the Queen Mary/Fordham Dialogue on Intellectual Property Law in London.

Richard Gonzalez was appointed by Chief Judge James Holderman of the U.S. District Court, Northern District of Illinois to represent an Evanston High School janitor who was fired from his job while serving on a Federal Grand Jury. Professor Gonzalez participated in a press conference on the case at the Dirksen Federal Building and has been quoted frequently in the media within recent weeks. The situation has received national media attention.

In addition, a recent decision by Judge Mark Filip of the U.S. District Court in one of Professor Gonzalez’ clinic cases was featured on the front page of the Chicago Daily Law Bulletin as a precedent-setting decision concerning oral contract and fraudulent misrepresentation law in Illinois.

Philip Hablutzel is in China, teaching Chicago-Kent’s course in International Capital Markets in Beijing.  While there, he was invited to lecture at the China University of Politics and Law on Thursday, April 26.  He spoke on “Writing Economic Statutes: Mixing the Technical and the Political,” drawing on his experience as Director of Chicago-Kent’s Institute of Illinois Business Law.

Dan Hamilton gave a paper, “The Dred Scott Case and the Rise of the Fifth Amendment,” as part of a conference, The Dred Scott Case and Its Legacy:

Race, Law, and the Struggle for Equality, held at the Law School at Washington University in St. Louis in March 2007. The paper will be published as part of a book by conference participants.

On April 24 Professor Hamilton gave a talk as part of the Chicago-Kent Faculty Workshop series. His topic was “Human Property and Contract Law: Litigating Slavery After Emancipation.”

Steven Harris was asked by the Legal Advisor’s Office in the U.S. Department of State to serve as a United States Delegate and Commercial Law Coordinator at the Diplomatic Conference with Respect to the Protocol on Matters Specific to Railway Rolling Stock, where he also served on the Conference’s Drafting Committee. At the conclusion of its two-week session in February, the Diplomatic Conference promulgated the Luxembourg Protocol on Matters Specific to Railway Rolling Stock.

In March, Professor Harris taught a short course on Uniform Commercial Code Article 9 in the Program on American Law at the University of Gdansk, Poland.

Together with Stephanie Heller, Counsel and Vice President of the Federal Reserve Bank of New York, and Professor Linda Rusch, Gonzaga University School of Law, Professor Harris organized a symposium on Rethinking Payment Systems. The symposium explores the contours of what a unified payments law, i.e., a single law governing checks, wire transfers, and other methods of payment, might encompass. The symposium featured a conference at the New York Fed for banks and other financial institutions, regulators of the payment system, and academics on April 27, 2007. The Chicago-Kent Law Review will publish the papers.

Steven Heyman presented a faculty workshop on “Hate Speech and the First Amendment” at the University of Minnesota Law School in March 2007.

Timothy Holbrook presented “What if U.S. Patents and Applications Were Not Published?” at the Fourth Annual Intellectual Property & Communications Law Program Symposium at Michigan State University College of Law in March 2007. The Symposium theme was “What Ifs and Other Alternative Intellectual Property and Cyberlaw Stories.”

Professor Holbrook was a Commentator on a talk by Toshiko Takenaka, “Revising TRIPS Art. 30: Clarifying the Scope of Exceptions to Patent Rights in WTO Countries” at the Modest Proposals Conference at Benjamin N. Cardozo School of Law, Yeshiva University in New York, NY in February 2007.

Martin Malin spoke on “Due Process in Employment Arbitration: The State of the Law and the Need for Self Regulation” at the National Academy of Arbitrators conference on Beyond the Protocol: The Future of Due Process in Workplace Dispute Resolution in April 2007.

Professor Malin spoke on a panel on “Arbitrating Work-Family Conflict Cases” at the AFL-CIO’s Lawyers Coordinating Committee Annual Meeting on April 26, 2007.

He is serving as a breakout session discussion leader on “Stereotypes in Arbitration” at the National Academy of Arbitrators Annual Meeting on May 25, 2007.

Nancy Marder will present a paper entitled “Women’s Rights: A Study in Law and Literature” as part of a panel entitled “Law and the Voice of Woman” at the Law and Literature Colloquium at Swansea University in Wales in early July 2007.

Later in July, Professor Marder will attend the Law & Society Annual Meeting in Berlin, Germany.  She has organized a panel on the “50th Anniversary of ’12 Angry Men,'” and will chair that panel and present a paper entitled “The Banality of Evil:  A Portrayal in ’12 Angry Men.'”  She has also been invited to provide commentary for a panel entitled “The CSI Effect: Empirical, Theoretical, and Cultural Perspectives.”

Sheldon Nahmod spoke to newly confirmed federal district court judges in Washington, DC in March 2007 at a program sponsored by the Federal Judicial Center. His topic was “Section 1983: An Overview.” At the same program, he attended a reception and dinner at the Supreme Court where he met and chatted with Chief Justice Roberts and Justices Alito and Scalia. He also spoke at greater length with Justice Souter, whom he had met several times previously.

In March 2007 Professor Nahmod spoke to the Chicago-Kent chapters of the American Constitution Society and the Federalist Society on the Supreme Court’s current and forthcoming terms.

He will speak to federal judges under the auspices of the Federal Judicial Center in Boston in June 2007 on two topics: “The First Amendment and Procedural Due Process Rights of Public Employees” and ” Procedural Defenses in Section 1983 Litigation.”

Henry Perritt prepared a white paper for the Chicago Council on Global Affairs’ Study Group on Chicago’s Global Future. The paper focuses on the need for Chicago to do more to exploit its human assets in the film and “indie” music communities. Professor Perritt is co-chair of the Study Group.

Tracie Porter spoke at a program at the American Bar Association’s 18th Annual Real Property and Estate Planning Symposium in Washington DC on April 26-27, 2007. The program was hosted by the ABA Section of Real Property, Probate and Trust Law. Professor Porter’s topic was “Intra-Family Loans – Adventures in Forgiveness and Forgetfulness” (with attorney Philip J. Hayes, Bessemer Trust, San Francisco California).

At the same program, Professor Porter also spoke in a roundtable discussion at the Section’s Community Outreach Program entitled “Community Outreach Residential Session – Representing Clients Buying and Selling Residential Real Estate.” Other participants in the roundtable were attorneys in private practice and at title companies.

Jeffrey Sherman is the recipient of the 2007 Ralph L. Brill Award, given by the Chicago-Kent Student Bar Association Board of Governors in recognition of Professor Sherman’s long-term, exceptional dedication to the students of the Law School.

Ronald Staudt was honored at the ABA/NLADA Equal Justice Conference in March 2007. The Legal Services Corporation presented Professor Staudt with a first-of-its-kind award for “outstanding contributions” to LSC’s Technology Initiative Grant Program. The State Justice Institute presented Professor Staudt with the Howell T. Heflin Award for producing an SJI project most likely to improve the quality of justice in state courts nationwide, A2J Author. A2J Author is a software tool capable of generating court- and legal aid-designed, web-based guided interviews for document assembly.

In addition to accepting the awards Professor Staudt presented a workshop, “Leveraging Law Students and Technology.”

Joan Steinman participated in a meeting of the U.S. Court of Appeals for the Seventh Circuit Advisory Committee on Rules at which the rules and internal operating procedures of the court concerning the publication of opinions and the precedential effect to be given to Circuit decisions was discussed.

Professor Steinman served as a judge in the regional American Constitution Society Moot Court Competition.  In May 2007, she will attend the American Law Institute Annual Meeting, at which the project on Principles of the Law of Aggregate Litigation will be discussed. Professor Steinman serves on the consultative group for this ALI project.

Keith Ann Stiverson was a planner and participant in a meeting of government officials and librarians in Schaumburg, Illinois in April 2007. The meeting was held as a follow-up to a recently-published report of the American Association of Law Libraries (AALL) entitled State-by-State Report on Authentication of Online Legal Resources, which examines the publishing practices of the fifty states with regard to primary legal materials.

The Report resulted from a survey of the states that targeted six sources of law: state administrative codes and registers, state statutes and session laws, and state high and intermediate appellate court opinions. The survey findings indicate that only 10 states have designated one or more of their online sources as ‘official,’ while no states have yet provided for authentication of their online legal publications. The meeting included representatives from federal and state government entities, the ABA, AALL, and other interested organizations.

Dan Tarlock spoke on “The Integration of Land Use Regulation and Environmental Law: 1968 versus 2007” at a conference on the future of Puget Sound in April 2007. The conference was organized in honor of Professor William Rodgers of the University of Washington School of Law.

Also in April Professor Tarlock led a week-long workshop on water law reform sponsored by the World Bank at the People’s Republic of China Ministry of Water in Beijing.

Richard Warner was appointed to the United States Secret Service Electronic and Financial Crimes Task Force.

Research in Progress – April 2007

Nancy Marder is serving as the Symposium Editor of an issue of the Chicago-Kent Law Review entitled “The 50th Anniversary of ’12 Angry Men.'”  The issue will include essays from jury scholars, film scholars, judges, and criminal law professors, among others.  The issue will appear in print in Fall 2007.

Professor Marder is working on two entries on women and the jury for the Encyclopedia of the Supreme Court of the United States.

Sheldon Nahmod is currently working on the 2007 Update to his two volume treatise, Civil Rights and Civil Liberties Litigation: The Law of Section 1983 (4th ed. 1997, West Publishing).

Henry Perritt is assisting in the preparation of a biography of former U.S. Secretary of Labor W.J. Usery, Jr.

Joan Steinman is currently is working on the 2008 Supplement and Pocket Part for volumes 14B and 14C of the Wright & Miller Federal Practice and Procedure treatise.

Publications – April 2007

Kari Aamont’s article, Integrated Research Training: A Guide For the Wary, has now been published in the Winter 2007 edition of Perspectives: Teaching Legal Research and Writing (with Suzanne Ehrenberg).

Lori Andrews’s second novel, The Silent Assassin, is due to be published in May 2007.  The paperback edition of Sequence, her first novel, has just been released.

The Journal of Life Sciences featured an article by Professor Andrews, Patenting Life, in its inaugural issue which will be published in May 2007.

William Birdthistle published an op-ed in the Chicago Tribune on March 16, 2007, entitled An Irish Freshman Adapts to Dorm Life.

Professor Birdthistle’s review of Hisham Matar’s debut novel, In the Country of Men, was published in the Wall Street Journal on March 16, 2007. His article in the Green Bag has now been published: Football Most Foul, 10 Green Bag 2d 159 (2007).

Fred Bosselman’s article, The Ecological Advantages of Nuclear Power, has now been published at 15 N.Y.U. Envtl. L.J. 1.

Graeme Dinwoodie’s book, Trademark and Unfair Competition: Law and Policy (2d ed., Aspen 2007) will be published in June (with Mark Janis).

Professor Dinwoodie’s articles include:

Confusion Over Use: Contextualism in Trademark Law, 92 Iowa L. Rev. ___ (forthcoming 2007) (with Mark Janis).

Allowing Trademark Law to Evolve, 92 Iowa L. Rev. ___ (forthcoming 2007) (with Mark Janis).

Copyright Lawmaking Authority: An (Inter)nationalist Perspective on The Treaty Clause, 30 Colum. J.L. & Arts ___ (forthcoming 2007) (symposium issue).

A Reverse Notice and Takedown Regime To Enable Fair Uses of Technically Protected Copyrighted Works, ___ Berkeley Tech. L.J. ___ (forthcoming 2007) (with Jerome Reichman and Pamela Samuelson).

The WIPO Copyright Treaties: A Transition to the Future of International Copyright Lawmaking?, 57 Case W. Res. L. Rev. ___ (forthcoming 2007) (symposium issue).

Diversifying Without Discriminating: Complying with the Mandates of the TRIPS Agreement, 13 Mich. Telecomm. & Tech. L. Rev. 445 (2007) (with Rochelle Dreyfuss) (symposium issue).

Professor Dinwoodie has several chapters in books forthcoming in 2007:

Foreign and International Influences on National Copyright Policy: a Surprisingly Rich Picture, in New Directions in Copyright Law (Fiona McMillan ed., Edward Elgar Publishing).

What Linguistics Can Do For Trademark Law, in Interdisciplinary Perspectives on Trade Marks (Jane Ginsburg, Lionel Bently and Jennifer Davis eds.) (Cambridge Univ. Press).

The International Intellectual Property System: Treaties, Norms, National Courts and Private Ordering in Intellectual Property, Trade and Development: Normative and Institutional Aspects (Daniel Gervais ed., Oxford Univ. Press).

Dan Hamilton recently published a review of Stuart Streichler, Justice Curtis in the Civil War Era: At the Crossroads of American Constitutionalism, 73 J. S. Hist. 190 (2007).

Steven Harris’s article, Choosing the Law Governing Security Interests in International Bankruptcies, will appear in the Brooklyn International Law Journal‘s symposium issue on Bankruptcy in the Global Village: The Second Decade.

Timothy Holbrook has published his article, Obviousness in Patent Law and the Motivation to Combine: A Presumption-Based Approach, Wash. U. L. Rev. Slip Opinions, Mar. 2007, Slip Opinions is an online supplement to the law review.

Harold Krent published an op-ed in Legal Times on April 16, 2007, entitled Alberto Gonzales Should Have Learned a Thing or Two from President Cleveland, 30 Legal Times 70 (2007). Dean Krent compares the recent firings of eight U.S. attorneys with a Senate challenge to President Grover Cleveland’s dismissal of a federal district attorney in the 1880s. President Cleveland insisted on his constitutional power of removal and the Senate backed down.

Martin Malin’s paper from the Due Process Conference, “Due Process in Employment Arbitration: The State of the Law and the Need for Self Regulation” will be published in 11 Emp. Rts & Emp. Pol’y J. ___ (forthcoming 2007).

Nancy Marder’s entry “Juries” for the Encyclopedia of Law and Society: American and Global Perspectives will appear in print in June 2007.

Sheldon Nahmod’s article, Public Employee Speech: A Critique of Garcetti v. Ceballos, will be published in the January 2008 issue of the University of Richmond Law Review.

Jean-Luc Piotraut’s most recent book, La Propriete Intellectuelle en Droit International et Compare, has just been published in France by Tec & Doc – Lavoisier. Professor Piotraut notes that, although the book is in French, the title translates to “International and Comparative Intellectual Property Law.” It focuses on French, German, British and American IP law.

Joan Steinman’s 2007 Supplement to Volume 14B, and 2007 Pocket Part to Volume 14C of the Wright & Miller Federal Practice and Procedure treatise was published in April 2007.

Professor Steinman served as a breakout session Reporter and provided information for Arthur D. Hellman, The View from the Trenches: A Report on the Breakout Sessions at the 2005 National Conference on Appellate Justice, recently published in 8 J. App. Prac. & Process 141 (2006).

Dan Tarlock has published the fifth edition of Environmental Protection: Law and Policy (Aspen 2007) (with Glicksman, Markell, Buzbee, and Mandelker).