Monthly Archives: August 2007

Faculty Activities – August 2007

Susan Adams, Douglas Godfrey, Sanford Greenberg, Ed Harris, Keith Ann Stiverson, Mary Rose Strubbe: Back to the Future of Legal Research Conference. On May 18, 2007, Chicago-Kent hosted a follow-up to the 2005 Future of Legal Research Conference, that drew 200 people from law schools nationwide. Both conferences grew out of empirical research projects in which Chicago-area attorneys and law librarians were surveyed about changing research resources. Tom Gaylord and Sanford Greenberg presented the survey results and there were a number of other speakers on a variety of topics, including how to develop well-coordinated first-year legal research programs and new Web 2.0 tools for legal research.

Lori Andrews hosted a conference entitled “Who Owns Your Body?  Legal and Social Issues in Michael Crichton’s Next,” at Chicago-Kent College of Law in May 2007.  The event brought together a wide variety of people, including lawyers, doctors, judges, policy makers, researchers, writers, students, and sociologists, for an in-depth examination of the patenting of human genes. Professor Andrews also spoke with Michael Crichton at the American Bar Association Annual Meeting in San Francisco, California as a follow-up to the Chicago-Kent conference.

Professor Andrews traveled to Ogden, Utah to address the Ogden Surgical-Medical Society in May.  She delivered two speeches: “The Clone Age and Beyond: Reproductive Technologies in Utah,” and “The Legal Implications of Genomics.”

At the 30th Annual Health Law Professors Conference in Boston, Massachusetts in June 2007, she presented one of her popular teaching methods in “A Novel Approach to Teaching: Using Fiction and Art to Explore Health Law.”  Continuing to draw on the connection between fiction and law, Professor Andrews traveled to Berlin, Germany in July to speak at a conference on Law and Society in the 21st Century.

Professor Andrews teamed up with author Jeffrey Deaver to present a panel on mystery writing at Chicago’s Printer’s Row Book Fair in June.  She also addressed the American Civil Liberties Union on the topic of “Individual Rights and Human Tissue Research” at their Biennial Conference in Seattle, Washington in June 2007, and participated in a panel on ““Gene Patenting and Individual Rights.”

In Chicago in July, Professor Andrews moderated a lecture entitled “Who Gets to Know?” as part of the Illinois Humanities Council’s Future Perfect series.  She brought a legal and ethical perspective to the panel comprised of an historian, an oncologist, and an artist. In August, Professor Andrews spoke at the Southeastern Association of Law Schools Annual Conference on the topic of “Embryos, Patents and the Industrialization of Reproduction.”

Professor Andrews has made several media appearances.  She appeared on the show “Chicago Tonight” with conference speaker Michele Goodwin to recap the event and answer questions about genetic privacy in June.  She also appeared on the Bill Handel Radio Show (KFI AM) in Los Angeles, the Ronn Owens show in San Francisco, the German radio station Deutschlandradio Kultur Radio in July, and Chicago’s WGN radio program “Sunday Papers with Rick Kogan” in August.

Bernadette Atuahene presented her work-in-progress tentatively entitled, “The Legitimacy Equilibrium in Property Law” at the Property Works in Progress Conference at the University of Colorado at Boulder, and at the Law and Society Conference in Berlin, Germany. She also presented the paper on August 25, 2007 at a conference entitled International Criminal Processes and Human Rights: New Challenges and Opportunities hosted by the University of Illinois College of Law.

Professor Atuahene spent the month of July at the University of Michigan Institute for Social Research taking courses in qualitative research methods in preparation for the empirical work she will be doing in South Africa beginning in January 2008.
She was a guest blogger for the month of August on blackprof.com.

The American Bar Foundation (ABF) has appointed Professor Atuahene as a Faculty Fellow. This is a three-year appointment that will require Professor Atuahene to split her time between the ABF and Chicago-Kent.

William Birdthistle was a guest blogger on The Volokh Conspiracy in May 2007. He discussed his Green Bag article on soccer. For two weeks in June he appeared as a guest blogger on PrawfsBlawg. Professor Birdthistle is currently guest-blogging for two weeks at the The Conglomerate.

Graeme Dinwoodie spoke on “Recent Trends in U.S. Trade Dress Protection,” at the Symposium on International and Comparative Intellectual Property Law at University of Tokyo in July 2007.

“The Nuts and Bolts of Teaching” was his topic at the Association of American Law Schools Workshop for New Law Teachers in Washington, DC in June 2007.

Professor Dinwoodie’s May 2007 talks included “Trademark Law and Social Norms” at the Intellectual Property Seminar Series at Oxford University, St. Peter’s College, “Trademarks and the Freedom of Ideas” at Saint Louis University, Brussels, and “The Future of International Copyright Lawmaking” at ALAI Belgium in Brussels.

Professor Dinwoodie continues to participate as a member on the Max Planck Working Group on Conflict of Laws and Intellectual Property (CLIP), a group of approximately 12 scholars in the fields of intellectual property and private international law. Established in 2004 and funded by the Max Planck Society, CLIP meets regularly to discuss issues of IP, private international law, and jurisdiction. The group’s goal is to draft a collection of principles for conflict of laws in IP and to provide independent advice to European and national lawmakers.

CLIP recently submitted comments to the European Commission on Exclusive Jurisdiction and Cross Border IP (Patent) Infringement: Suggestions for Amendment of the Brussels I Regulation and on the Commission’s Proposal for a Regulation of the Law Applicable to Contractual Obligations (“Rome I”). The group met most recently in Munich in July, and CLIP’s comments on reform of European Private international Law were published in The International Review of Intellectual Property and Competition Law.

David Gerber was Distinguished Guest Professor at the Faculty of Law of  Meiji University in Tokyo, Japan, during the month of May 2007. During this time, he gave a series of lectures on the subject of  International Dimensions of Competition Law. Also during May he traveled to Beijing, China, to give a presentation at a conference sponsored by the Chinese Academy of Social Science. The conference was on the about-to-be-adopted Chinese Anti-Monopoly Law. Professor Gerber’s lecture was entitled “Chinese Competition Law in the Context of Globalization.”

In June, Professor Gerber gave a talk at a conference held at the European University Institute in Florence, Italy. The conference was on the abuse of dominance (roughly the equivalent of the US concept of “monopolization”) in European Union law. Professor Gerber’s talk was entitled: “The Future of Article 82 EC Law: Dissecting the Conflict.” Later in the month he gave two lectures in the economics department at the University of Turin, Italy, on the roles of economics in antitrust law.

Philip Hablutzel was reappointed for a third one-year term to the Section Council of the Illinois State Bar Association’s Section on Corporation, Securities and Business Law in June 2007. He was also appointed as the Section Council’s Secretary for 2007-2008.

On September 19 & 26, the Chicago Bar Association will hold its ninteenth annual two-day seminar on How To Form An Illinois Business Entity:  Corporation and its Alternatives. Professor Hablutzel has been the Organizer and Chair of this seminar since it began. He will present the segment on Securities, along with Tanya Solov, a Chicago-Kent graduate and currently Director of the Illinois Department of Securities.

Dan Hamilton gave a talk at the University of Colorado Law School as part of the First Annual Property Works in Progress Conference in June 2007. Professor Hamilton’s other recent presentation was a talk on his book about Civil War property confiscation, The Limits of Sovereignty, at a faculty workshop at Stanford Law School.

This semester Professor Hamilton is a Visiting Assistant Professor at the University of Illinois College of Law, teaching a course on American Legal History.

Steven Harris traveled to Shanghai to teach a course on the US law of contracts to a group of Chinese lawyers in May 2007. The lawyers plan to finish their studies in Chicago during the fall semester and receive an LL.M. degree from Chicago-Kent in December 2007.

Professor Harris was on the faculty of the Eighteenth Annual Advanced ALI-ABA Course of Study on The New Uniform Commercial Code in June 2007. He spoke on panels devoted to “Hot Issues in Articles 3, 4, and 4A” and “Revised Article 9 after almost Six Years.”

In June he also attended a special joint meeting of government and industry representatives to consider the key issues that remained outstanding with respect to the planned Space Assets Protocol to the Cape Town Convention on International Interests in Mobile Equipment.

Timothy Holbrook presented “Equivalency and Patent Law’s Possession Paradox” at the 7th Annual Intellectual Property Scholars Conference at DePaul University School of Law in Chicago, August 9-10, 2007. This was also Professor Holbrook’s topic at the
International Conference on High Technology Law, University of Gdansk, Gdansk, Poland, in May 2007.

He will speak on “Extraterritoriality in U.S. Patent Law,” at the Thomas Jefferson School of Law Faculty Workshop, to be held on Sept. 7, 2007.

Professor Holbrook was interviewed by First Business, a nationally syndicated program, to discuss proposed legislation to facilitate generic biotechnology products. He will give the “Year in Review in Patent Law” at the American Intellectual Property Law Association Annual Meeting on Oct. 20, 2007 in Washington, DC. He will also give the “Year in Review” for the AIPLA through its online programming on Nov. 7, 2007.

Harold Krent spoke on privacy and e-commerce at the International Conference on High Technology Law at the University of Gdansk, Poland, in May 2007.

Dean Krent presented a talk on database security in July 2007 at the Practising Law Institute’s Eighth Annual Institute on Privacy and Security Law. He also addressed the Shanghai Bar Association in July on the Role of the Attorney in the Age of Globalization.

Martin Malin led a discussion of the draft of Chapter 4, Special Considerations in Mediation, in his capacity as Reporter for the ALRA Neutrality Project. The discussion took place at the Association of Labor Relations Agencies annual meeting in Toronto in July 2007.

He is serving as an informal adviser to the Labor Arbitration Council of Cambodia, assisting in the preparation of a paper, “Alternative Labour Dispute Resolution: Global Best Practices and Their Application at the Arbitration Council of Cambodia” which is part of a funding application from the Council to the World Bank.

Professor Malin will speak on “The Ethics of After-Acquired Arbitral Knowledge,” at the National Academy of Arbitrators Fall Education Conference on September 29, 2007 in Miami, Florida.

He was interviewed on First Business News concerning the UAW contract negotiations with GM, Ford and Chrysler. The interview was shown locally on Channels 5 and 23 and nationally on First Business’s syndication on August 14.

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

Also in July, Professor Marder chaired a panel that she had organized, “The 50th Anniversary of ’12 Angry Men,'” and she presented a paper entitled “The Banality of Evil:  A Portrayal in ’12 Angry Men'” as part of this panel at the Law and Society Association’s Annual Meeting held at Humboldt University in Berlin, Germany. At the same conference, she provided commentary for the papers presented at a panel on “The CSI Effect: Empirical, Theoretical, and Cultural Perspectives.”

In August, Professor Marder served as a peer reviewer for the journal The Historian.  In the upcoming academic year, Professor Marder will continue to serve as Reporter for the Illinois Supreme Court Committee on Jury Instructions in Civil Cases, which she has done since October 2003.

Henry Perritt’s first album of music, “Wind Will Fill the Sails,” was released in late Spring 2007, and has received radio play around the country on college and community radio stations. Several songs on the album have law-related themes.

Tracie Porter was appointed to the Illinois State Bar Association’s Real Estate Law Committee. She was re-appointed to the American Bar Association’s Real Property, Probate and Estate Law Committee’s Community Outreach Program (COP). COP is a nationwide program designed to teach minority attorneys how to handle a commercial real estate transaction. Professor Porter has served as the chairperson and as a lecturer for Chicago’s COP.

David Rudstein presented 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 Lincoln College, University of Oxford, England in April 2007.

Ronald Staudt and a small group of technology experts from law firms and industry will meet with Legal Service Corporation President Helaine M. Barnett and her staff to map out a strategy for employing technology to increase the supply of legal services to the poor on September 6-7, 2007.

On September 8, as a Trustee of the College of Law Practice Management, he will give a presentation on technology innovations in the practice of law at the College’s Annual Meeting in Philadelphia.

On September 29  Professor Staudt will speak to the Management Information Exchange National Directors Conference on “The Legal Aid Program Office of the Future.” On October 2 and 4 he is presenting a workshop at CTC10, the Tenth National Court Technology Conference in Tampa Bay, Florida. His topic is “Access to Justice: Connecting the Public to the Courts and the Legal System via the Web.”

Dan Tarlock delivered a paper about how cities might cope with the risks of obesity, terrorism, and global climate change, ” Fat, Frightened and Fried,” at the Annual Conference of the Association of European Schools of Planning in Naples, Italy in July 2007.

Professor Tarlock participated in the World Bank Water Law Reform Mission in Beijing, PRC, August 18-24, 2007.

Richard Wright presented a paper, “The Nightmare and the Noble Dream: Causation and Responsibility,” at the British Academy Symposium on “The Legacy of H.L.A. Hart: Legal, Political and Moral Philosophy” at Cambridge University, England in July 2007. Papers from the symposium will be published by Oxford University Press.

Professor Wright has been invited to present a paper at a symposium on “Frontiers of Tort Law” at Loyola Law School Los Angeles in January 2008.

Research in Progress – August 2007

Lori Andrews is working on a U.S. Department of Energy-funded project on nanotechnology and intellectual property.

Nancy Marder is currently working on an article entitled “Cameras in the Courtroom,” which examines the effects of allowing cameras to record and broadcast courtroom proceedings, and in particular, the ways in which jurors, judges, lawyers, witnesses, and parties might change their behavior based on the presence of cameras in the courtroom.  The article will explore the psychological and behavioral effects as well as the legal implications and will make policy recommendations.

Henry Perritt is well underway on a new book on Final Status Negotiations for Kosovo. He began the project at the request of, and with full cooperation from, Martti Ahtisaari, former President of Finland, who is the Special Envoy of the Secretary General of the United Nations in charge of the process.

Joan Steinman continues to work on 2008 Pocket Parts and Supplements for volumes 14B and 14C of the Wright & Miller Federal Practice and Procedure treatise.

Professor Steinman’s article (being submitted now) is tentatively titled “Claims, Civil Actions, Congress & the Court” or “Limiting the Reasoning of Cases Construing Poorly Drawn Statutes: Exxon Mobil Corp. v. Allapattah Services, Inc.”

Publications – August 2007

Lori Andrews penned an Op-Ed article for The New York Times about Vietnamese trophy skulls (skulls that American soldiers brought home to the U.S. as trophies after the Vietnam war), entitled The Bones We Carried, June 22, 2007.

Professor Andrews co-wrote a chapter (along with Julie Burger and Marianne Timm) titled “Nanotechnology and the Intellectual Property Landscape” for the book Nanoscale: Issues and Perspectives for the Nano Century (N. Cameron & M. Mitchell, eds., Wiley Interscience 2007).

The Journal of Life Sciences will feature Tissue Culture, an article by Professor Andrews, in its September 2007 issue.

Bartram Brown’s article, Multiculturalism and the Bretton Woods Institutions, a paper presented at a conference in China in April 2007, is now forthcoming in the Chinese Journal of International Law.  The conference, on Multiculturalism and International Law, was hosted by The Silk Road Institute of International Law and the College of Humanities and Social Sciences at Xi’an Jiaotong University in China.

Graeme Dinwoodie’s casebook, Trademarks and Unfair Competition: Law and Policy (2d ed., Aspen 2007) was published in July (with Mark Janis).

Professor Dinwoodie has published three articles:

  • Confusion Over Use: Contextualism in Trademark Law, 92 Iowa L. Rev. 1597 (2007) (with Mark Janis).
  • Lessons From the Trademark Use Debate, 92 Iowa L. Rev. 1703 (2007) (with Mark Janis).
  • Copyright Lawmaking Authority: An (Inter)nationalist Perspective on The Treaty Clause, 30 Colum. J.L. & Arts 355 (2007) (symposium issue).

Steven Heyman completed the manuscript of his book, Free Speech and Human Dignity, which will be published by Yale University Press in Spring 2008.

Professor Heyman contributed an article on “Compelled Speech” to the Encyclopedia of the Supreme Court of the United States, which is scheduled for publication next year, and whose editors include Professor Felice Batlan.

Nancy Marder’s Introduction to the 50th Anniversary of “12 Angry Men” and The Banality of Evil: A Portrayal in “12 Angry Men” will appear in print this fall as part of the symposium that she organized entitled “The 50th Anniversary of ’12 Angry Men,'” 82 Chicago-Kent L. Rev. ___ (2007).

Professor Marder’s essay, Law, Literature & Feminism: Broadening the Canon with New Texts, will appear in the Modern Language Association’s Teaching Literature and Law (Austin Sarat, Cathrine Frank & Matthew Anderson, eds., forthcoming).

Professor Marder’s essays Women on Juries and J.E.B. v. Alabama ex rel. T.B. will appear in the Encyclopedia of the Supreme Court of the United States (David Tanenhaus, editor-in-chief, forthcoming in 2008.)

Henry Perritt’s book review essay, on State Succession and Commercial Obligations by Tai-Heng Cheng,” will be published in Wisconsin International Law Journal (forthcoming 2007).

Professor Perritt has published his article, New Architectures for Music: Law Should Get Out of the Way, 29 Hastings Comm. & Ent. L.J. 259 (2007). This article is the first in a trilogy. Music Markets and Myths, and Flanking the DRM Maginot Line Against New Music Markets will be published in the fall by Seton Hall J. Sports & Ent. L. and Mich. St. J. Int’l L., respectively.

David Rudstein’s casebook, Criminal Law: Cases, Materials, and Problems, was published last week by Vandeplas Publishing in August 2007.

Professor Rudstein has also published his article, Retrying the Acquitted in England, Part 1: The Exception to the Rule Against Double Jeopardy for “New and Compelling Evidence,” 8 S.D. Int’l L.J. 387 (2007).

Ronald Staudt will have a short article, Law Student, Technology and Legal Aid: New Models and New Opportunities, in the September 2007 issue of the Management Information Exchange Journal.

Dan Tarlock completed the manuscript of his book, Anatomy of a Water War in the Klamath Basin: Macho Law, Combat Biology, and Dirty Politics, which will be published by Island Press in Spring 2008 (with Professor Holly Doremus, UC Davis School of Law).

Professor Tarlock has published two articles:

  • The Great Lakes as an Environmental Heritage of Humankind: An International Law Perspective, 40 U. Mich. J. L. Reform 995 (2007).
  • Are Shared Benefits of International Waters an Equitable Apportionment? 18 Colo. J. Int’l L. & Pol’y 523 (2007) (with Professor Patricia Wouters, University of Dundee, Scotland).

Professor Tarlock has completed the 2007 Update for his treatise, Law of Water Rights and Resources.

Richard Wright’s paper, “Acts and Omissions as Positive and Negative Causes,” originally presented at an international conference on “Emerging Issues in Tort Law” at the University of Western Ontario, Canada, in June 2006, has been published along with other conference papers in Emerging Issues in Tort Law (Jason W. Neyers, Erika Chamberlain & Stephen G.A. Pitel eds., Hart Publishing 2007).

Professor Wright’s paper, The Principles of Product Liability, originally presented at a symposium on “Products Liability: Litigation Trends on the 10th Anniversary of the Third Restatement” at the University of Texas in Austin in March 2007, is forthcoming in 26 Rev. Litig. ___ (2007).