Monthly Archives: November 2007

Faculty Activities – November 2007

Lori Andrews traveled to Washington, DC, in September 2007 to speak about the intersection of art and science during the program “A Creative Spiral:  Exploring the Genome through Technological Innovation and the Arts,” at the National Museum of Health and Medicine.  On another trip to Washington, Professor Andrews served as chairperson of the Ethics, Legal, and Policy Subcommittee of the National Cancer Institute and gave a speech, “Custodianship in the Realm of Biospecimen Research,” at a symposium on Custodianship and Ownership Issues.  At the Annual Meeting of the American Society of Bioethics and Humanities, held in October 2007, she spoke about “Gene Patents and Individual Rights,” in a debate about “Who Controls Your DNA?”

Professor Andrews also traveled to New York in October.  In New York City she attended a Board of Directors meeting for the American Civil Liberties Union and spoke about gene patenting.  She continued to outline the issue, and its relevance for personal freedom and informed consent in White Plains, NY, for the Bioethics Committee of the March of Dimes.

Chicago Public Radio interviewed Professor Andrews on several occasions for their DNA Files.  She was interviewed about pharmacogenomics.  She also was interviewed on October 10, 2007 about the landmark cases on body tissue and ownership that she has worked on.

Bernadette Atuahene presented her work in progress, “The Legitimacy of Property Rights in the Context of Past Theft,” at the Chicago Area Law and Society Association in September 2007. She also presented the paper at the Fordham University School of Law Faculty Speaker Series on November 1, 2007.

Professor Atuahene has also been invited to present the paper at the University of Cincinnati College of Law Faculty Colloquia Series on November 30, 2007, and the American Bar Foundation Speaker Series on December 5, 2007.

Matthew Bernstein spoke on Immigration Reform at Northwestern University School of Law as part of a panel presentation for the Latino Law Student Association and OUTlaw organization in October 2007.

Professor Bernstein was quoted in a two-part story on high net worth undocumented immigrants in Aventura Magazine.  The articles appeared in the October and November 2007 issues.

Evelyn Brody continues as Reporter of the American Law Institute’s project on Principles of the Law of Nonprofit Organizations. She presented the first half of Tentative Draft No. 1 (Governance) at the 2007 Annual Meeting. The ALI membership approved the portion subject to discussion at that meeting. Discussion of the remainder of the draft will take place at the 2008 Annual Meeting. In addition, Professor Brody prepared Preliminary Draft No. 4 for discussion with the project’s Advisers and Members Consultative Group in June, and revised it into Council Draft No. 5. At its October 2007 meeting, the ALI Council began discussion of that draft, which includes Chapter 2 (Organization and Structural Change) and Chapter 4 (Gifts).

Professor Brody described the ALI project as part of a panel on “State-Level Legal Reform of the Law of Nonprofit Organizations,” at the Exempt Organizations Committee of the ABA Section of Taxation in Washington, DC in May 2007.

Professor Brody presented “The Board of Nonprofit Organizations: Puzzling Through the Gaps Between Law and Practice,” at the Conference on Nonprofit Law, Economic Challenges, and the Future of Charities in March 2007. The Conference was co-sponsored by Fordham University School of Law and Lincoln Center for the Performing Arts. The paper will be published in the Fordham Law Review.

Professor Brody spoke on “Tax-Exemption Challenges for Nonprofits: Is the ‘Commerciality Doctrine’ Replacing the Related-Business Test?” at the Federal Tax Committee of the Chicago Bar Association in April 2007.

She presented a workshop on her article, From the Dead Hand to the Living Dead: The Conundrum of Charitable-Donor Standing, at the Center for Research on Philanthropy and Civil Society at Stanford University in May 2007. This piece subsequently appeared at 41 Ga. L. Rev. 1183 (2007).

Professor Brody spoke on legal issues facing the nonprofit sector at an invitational conference for journalists called The Hidden Economy: Covering Nonprofits and the Philanthropic Sector, sponsored by the Foundation for American Communications in Wheaton, Illinois in May 2007.

Professor Brody presented “Property-Tax Exemption: Defining ‘Institutions of Purely Public Charity,'” at the Seminar on “Charitability,” in the Emerging Issues in Philanthropy Series, a Joint Project of the Urban Institute Center on Nonprofits and Philanthropy and the Harvard University Hauser Center for Nonprofit Organizations in Washington, DC, in May 2007.  This piece was published as The States’ Growing Use of a Quid-Pro-Quo Rationale for the Charity Property Tax Exemption, 56 Exempt Org. Tax Rev. 269 (2007).

Professor Brody is an advisory board member of Columbia Law School’s new Charities Law Project, established to assist state attorneys general.  Separately, she spoke to charity regulators as a panelist on state regulatory developments at the 2007 Charitable Trust and Solicitations Conference: “The Ever-Expanding Universe of Charities Regulation” in Denver in October 2007. The National Association of Attorneys General and the National Association of State Charities Officials sponsored the Conference.

“Governing the U.S. Nonprofit Organization: Accommodating Autonomy in Organizational Law,” was her topic as part of the panel on Modernization of Not-for-Profit Corporations Law at the University of Toronto Faculty of Law’s 37th Annual Workshop on Commercial and Consumer Law in October 2007. The paper will be published in Canadian Business Law Journal.

In August 2007, Professor Brody became Chair-Elect of the Nonprofit Law Section of the Association of American Law Schools.

Daniel Coyne was elected to a two year term of office as President of the Board of Governors of the Chicago Council of Lawyers in October 2007.

Professor Coyne was interviewed by National Public Radio’s All Things Considered on the topic of Computers in the Classroom on October 9, 2007.

He prevailed in a Rule 308 Application for Appellate Review of a civil commitment case in the First District Appellate Court as described by the Chicago Daily Law Bulletin on October 12, 2007.

Graeme Dinwoodie spoke on “Trademark Law and Social Norms” to the IP Society Lunch at the University of Chicago in October 2007.

Also in October, Professor Dinwoodie spoke on “The Role of Theoretical Justification: Dilution and Unfair Competition Law” at the Santa Clara University School of Law’s Trademark Dilution Symposium.

“Developing a Private International Law of Intellectual Property” was his topic at Northwestern’s Colloquium on Intellectual Property on October 31, 2007.

Ted Field presented a paper in progress at the 2007 Works in Progress Intellectual Property Colloquium. The Colloquium was held at American University Washington College of Law in Washington, DC in September 2007. Professor Field’s presentation title was “Improving the Federal Circuit’s Choice-of-Law Approach for Procedural Matters in Patent Cases.”

Richard Gonzalez has been named an “Illinois Super Lawyer” by Chicago Magazine.

Vivien Gross has served as Reporter for the Illinois Supreme Court Committee on Professional Conduct. After four years of work, the Committee submitted its final version of the proposed Rules of Professional Conduct and accompanying comments to the Illinois Supreme Court. The Court, after holding public hearings on the proposals, will decide whether or not to adopt these rules to replace the current ethical practice rules for Illinois lawyers.

Professor Gross will be one of the speakers at an Ethics Course for Corporate Counsel, to be offered by the law firm of Vedder Price, on November 15, 2007.

Dan Hamilton presented a paper, “Litigation Over Human Property After the Civil War” at the Annual Meeting of the American Society for Legal History held in Tempe, Arizona in October 2007.

In November he will present a talk at the Institute for Constitutional Studies at George Washington University Law School, discussing his recent book, The Limits of Sovereignty: Property Confiscation in the Union and Confederacy during the Civil War.

On January 4, 2008, Professor Hamilton will give a presentation at the Association of American Law Schools, as part of a panel, New Voices in American Legal History, organized by the Section on Legal History.

Timothy Holbrook presented his paper “Equivalency and Patent Law’s Possession Paradox” at a faculty workshop at Stanford Law School in October 2007.

Harold Krent spoke on the unitary executive at a conference, The Role of the President in the 21st Century, held at Boston University in October 2007.

Dean Krent spoke more generally on presidential powers at Peking University, also in October.

Martin Malin has accepted an invitation to be the Scholar in Residence at the Midwinter Meeting of the ABA Section on Labor and Employment Law, Committee on ADR in the Workplace, February 10-13, 2008, in Playa del Carmen, Mexico.

Professor Malin spoke on “The Ethics of Arbitral Acquired Knowledge” at the National Academy of Arbitrators Fall Education Conference in September 2007. “The Arbitration of Grievances Involving Work-Family Conflicts,” was his topic for the Wisconsin Chapter, Labor and Employment Relations Association, in October 2007.

He spoke on “Developments in the Law Governing the Public Sector Workplace: What to Watch for and What to Watch Out For,” at the Midwestern Legislative Service Agency/Research Directors Group, a joint presentation with Carolyn Shapiro in October 2007.

Nancy Marder presented a paper entitled “The Conundrum of Cameras in the Courtroom” at a conference organized by the Communications Policy & Research Forum at the University of Technology-Sydney in Sydney, Australia in September 2007.

On October 14, 2007, Professor Marder offered brief remarks about what it had been like to be a law clerk for Justice Stevens at the U.S. Supreme Court at a dinner held in Washington, DC in honor of the Chicago-Kent alumni who were sworn into the Supreme Court Bar the following day.

On November 2, 2007, Professor Marder will serve as moderator for a panel entitled “The Business Lawyer and Changing Legal Ethics,” as part of a conference, Business Ethics, Law, and History:  From the Atlantic Slave Trade to Wall Street, at the University of Chicago Law School.

On November 12, 2007, Professor Marder will give a faculty workshop at the Louis D. Brandeis School of Law at the University of Louisville, in Louisville, Kentucky.

Professor Marder has been appointed a member of the National Jury Center Advisory Committee organized by the American Judicature Society.

Sheldon Nahmod argued a major Section 1983 case in Denver, Colorado, before the Tenth Circuit (for the defense) in September 2007. An important issue was the meaning of the Supreme Court’s 2007 decision in Wallace v. Kato.

He will argue another major Section 1983 case in Chicago before the Seventh Circuit (for the plaintiff) on November 2, 2007. At issue is whether Cook County Sheriff’s deputies are entitled to qualified immunity for allegations that they used excessive force against the plaintiff and her deceased son.

Profssor Nahmod will speak to the Chicago-Kent chapter of the American Constitution Society about the Supreme Court’s 2006 and 2007 Terms on November 13, 2007. On December 7, 2007 he will speak about the Supreme Court’s 2006 Term to the New Mexico Defense Lawyers Association in Albuquerque, New Mexico.

He was invited by the First Amendment Law Review to speak at a symposium on Garcetti v. Ceballo to be held at the University of North Carolina School of Law in February 2008.

Henry Perritt was interviewed by Chicago Public Radio, WBEZ, about The Global Edge: An Agenda for Chicago’s Future, a report by the Study Group on Chicago’s Global Future, convened by the Chicago Council on Global Affairs. Professor Perritt was a co-chair of the Task Force and is a member of the board of directors of the Chicago Council.  He also participated in the press conference and public meeting at which the report was officially released in October 2007.

Professor Perritt did two television interviews with the Voice of America on final status for Kosovo. One ran on VOA’s Serbian Service and the other on VOA’s Albanian service.

Professor Perritt’s first music album has been played on about 100 college and community radio stations around the country.

David Rudstein presented a paper, “Retrying the Acquitted in England: The English Exception to the Rule Against Double Jeopardy for ‘New and Compelling Evidence,'” to the Queensland (Australia) Law Society at its conference on “European Perspectives on the Law,” in Paris, France in October 2007.

Professor Rudstein also presented the paper to the faculty of The John Marshall Law School, as part of its Faculty Scholarship Roundtable Series, also in October.

Joan Steinman participated in the meeting of the American Law Institute Consultative Group on the Principles of Law of Aggregate Litigation, held in Austin, Texas, in October 2007.

Keith Ann Stiverson spoke at a session of the National Association of Legislative Information Technology (part of the National Conference of State Legislatures) in Springfield, Illinois, in September 2007. Her presentation concerned the importance of authentication of and permanent access to electronic information. This was a joint presentation with Mary Alice Baish, Associate Washington Affairs Office Representative of the American Association of Law Libraries (AALL). Keith Ann has been involved in efforts of AALL to convince state governments that they must develop standards for ensuring that electronic primary legal materials can be authenticated, before they abandon print in favor of electronic publication of primary legal materials.

Dan Tarlock spoke on “Anatomy of a Water War in the Klamath: Macho Law, Combat Biology and Dirty Politics” at a Princeton University Program in American Studies workshop in October 2007.

Research in Progress – November 2007

Lori Andrews’s current research focuses on issues involving human research, genetic technologies, and nanotechnologies.  She is also examining legal and ethical issues related to diabetes, such as discrimination in employment and education, and the use of stored tissue samples in research, as part of her research funded by the $5 million cy pres award that Illinois Institute of Technology received as a result of the 2007 settlement of a consumer class action lawsuit challenging the effectiveness of the diabetes drug Rezulin.

Steven Harris is writing an article for the Uniform Law Review on the International Rail Registry that will be established pursuant to the Luxembourg Protocol to the Convention on International Interests in Mobile Equipment. Professor Harris served as the commercial law coordinator for the United States delegation to the Diplomatic Conference for the Protocol.

Nancy Marder is currently working on an article, The Conundrum of Cameras in the Courtroom, which examines the effects of allowing cameras to broadcast courtroom proceedings. The article examines the ways in which cameras might affect participants’ behavior in the courtroom and how those possible effects should shape policies in federal trial courts, appellate courts, and the U.S. Supreme Court. As soon as she completes this article, she will begin work on a book whose working title is “The Jury as Ritual.”

Sheldon Nahmod is currently working on an article dealing with academic freedom and the First Amendment.

Publications – November 2007

Lori Andrews highlighted the ways that various artwork has and continues to influence policy in her chapter Art as a Public Policy Medium, for the book Signs of Life: Bio Art and Beyond.  The book was edited by Art Institute of Chicago professor Eduardo Kac and published by MIT Press in September 2007.

With co-author Jordan Paradise, Professor Andrews wrote an article, Banning Gene Patents Can Bring Benefits, for BioWorld Perspectives, September 2007. Her article Secrets of the Grave, about the legal and ethical implications of testing the remains of Abraham Lincoln, Napoleon, Marilyn Monroe, and other famous figures, was published in the October 7, 2007 issue of Parade Magazine.

William Birdthistle’s article, The Fortunes & Foibles of Exchange-Traded Funds, has been accepted for publication in the Delaware Journal of Corporate Law.

Graeme Dinwoodie has a forthcoming article and two forthcoming chapters:

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

The International Intellectual Property System: Treaties, Norms, National Courts and Private Ordering, in Intellectual Property, Trade and Development: Strategies to Optimize Economic Development in a TRIPS Plus Era (D. Gervais ed., Oxford University Press, forthcoming 2007).

What Linguistics Can Do For Trademark Law, in Trade Marks and Brands: An Interdisciplinary Critique (J. Ginsburg, L. Bently & J. Davis eds., Cambridge University Press, forthcoming 2007).

Richard Gonzalez’s article, Fraudulent Misrepresentation in Employment: An Alternative to Oral Contract Claims in Illinois, has been accepted for publication by the Illinois Bar Journal.

Steven Harris has published his article, Choosing the Law Governing Security Interests in International Bankruptcies, 32 Brook. J. Int’l L. 905 (2007), as part of a Symposium on Bankruptcy in the Global Village, The Second Decade.

Timothy Holbrook’s article, Extraterritoriality in U.S. Patent Law, will be published in 2008 in the William & Mary Law Review.

He has also written an invited essay, Patents for Poets, for the Saint Louis University Law Journal’s “Teaching Intellectual Property” issue.

He is a co-author of the 3d edition of the casebook Patent Litigation, to be published by Thomson West in 2008. His other co-authors are Judge Kimberly Moore and Chief Judge Paul Michel, both of the United States Court of Appeals for the Federal Circuit.

Professor Holbrook will be the co-author, along with Chicago practitioner Meredith Martin Addy, of a two-volume patent law treatise, entitled U.S. Patent Law, to be published in 2009 by Oxford University Press.

Martin Malin has published his article, Charter Schools and Collective Bargaining: Compatible Marriage or Illegitimate Relationship, 30 Harv. J. L. & Pub. Pol’y 885 (2007).

Nancy Marder’s essay on Johnson v. Louisiana will appear in the Encyclopedia of the Supreme Court of the United States (David Tanenhaus, editor-in-chief, forthcoming in 2008).

Professor Marder’s essay, Juries, appeared in the Encyclopedia of Law and Society (2007).

Sheldon Nahmod’s recently updated Section 1983 treatise, Civil Rights and Civil Liberties Litigation: The Law of Section 1983 (4th ed., West Publishing, 1997, 2007), was published in October 2007 in an expanded three volume format.

Professor Nahmod’s article, Public Employee Speech, Categorical Balancing and Section 1983: A Critique of Garcetti v. Ceballos, will be published in January 2008 by the University of Richmond Law Review.

Joan Steinman has completed her work on the 2008 Pocket Parts and Supplements for volumes 14B and 14C of the Wright & Miller Federal Practice and Procedure treatise.  The new materials will be published in April, 2008.

Dan Tarlock has published his article, Ecosystem Services in the Klamath Basin: Battlefield Casualties or the Future? 22 Fla. State J. Land Use & Envtl. L. 207 (2007).

Richard 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, has been published along with other papers from the symposium at 26 Rev. Litig. 1067 (2007).