Monthly Archives: February 2008

Faculty Activities – February 2008

Lori Andrews was listed as a “Newsmaker of the Year,” in the ABA Journal’s January 2008 issue. The ABA predicted that her work will “quietly shape the legal news in 2008.” The Journal described Professor Andrews as “a lawyer with a literary bent who has the scientific chops to rival any CSI investigator” and “a genetics expert of international renown, and her influence in the legal ethics surrounding genetics doesn’t stop at the border.”

In November 2007, Professor Andrews spoke about gene patents at a Genomic Research Symposium at Iowa State University. In January 2008, she spoke at the Association of American Law Schools Annual Meeting about financial incentives for genetic material. As chair of a National Cancer Institute committee dealing with biospecimen research, Professor Andrews spoke in December to physicians, lawyers, and scientists at a conference on the ethical, legal, and policy implications surrounding the use of human tissue in research.

Professor Andrews was interviewed by various publications. Missouri Lawyers Weekly spoke to Professor Andrews about gene patents and The Genetic Bill of Rights in November 2007, and in December the Chicago Tribune interviewed her about genetic testing. The Associated Press referred to Professor Andrews’s work in a piece about a sperm donor ordered to pay child support.

William Birdthistle spoke on exchange traded funds at Southern Methodist University on February 7, 2008. He has also been invited to make presentations on ETFs at the University of Illinois on February 20, and at Boston College on March 18.

Evelyn Brody was an invited participant at two conferences: the Annual Conference of the National Center on Philanthropy and the Law on “Forces for Rectitude: Who Oversees Nonprofit Organizations and Their Overseers?” at New York University School of Law in October 2007; and the annual Deals Roundtable at Columbia Law School in November 2007. The Roundtable is sponsored by Columbia’s Transactional Studies Program. This year’s topic was “Taxing Philanthropy.”

Professor Brody presented “The Board of Nonprofit Organizations: Puzzling Through the Gaps Between Law and Practice,” at the 36th Annual Conference of the Association for Research on Nonprofit Organizations and Voluntary Action, as part of a panel on “Governance Implications of Legal Form of Charity” in Atlanta in November 2007.

She was a co-panelist (with Fred Goldberg) on “Setting the Agenda,” at the Seminar on Improving Governance in Nonprofits: Do We Know How? Do For-Profits Provide Lessons? in Washington, DC in January 2008. The Seminar was sponsored by Emerging Issues in Philanthropy, a Joint Project of the Urban Institute Center on Nonprofits and Philanthropy and the Harvard University Hauser Center for Nonprofit Organizations.

Professor Brody was elected Chair of the Nonprofit and Philanthropy Law Section of the Association of American Law Schools in January 2008.

Professor Brody’s article A Taxing Time for the Bishop Estate: What Is the I.R.S. Role in Charity Governance?, 21 U. Haw. L. Rev. 537 (1999), was cited in Estate of Christiansen v. Commissioner, 130 T.C. No. 1 (2008).

Daniel Coyne traveled to the 2007 Buffalo-Niagara Invitational Trial Competition in November 2007 with the Chicago-Kent team coached by him and Adjunct Professor David Lavin. The team advanced easily to the semi-finals.

In September 2007, Professor Coyne provided CLE training to the Office of The Cook County Public Defender regarding civil commitment proceedings for sexually dangerous persons and sexually violent persons.

Professor Coyne participated in a public forum on Chicago’s felony courts in December 2007 at Chicago-Kent. The topic of the forum was the public release of a two year study of Chicago’s felony courts conducted by the Appleseed Fund for Justice. Professor Coyne was a member of the advisory board for the study, full text of which can be found on the Chicago Council of Lawyers web site. The report was also the topic of a State’s Attorney candidates forum moderated by Professor Coyne at Chicago-Kent in January 2008.

In December 2007 he was interviewed by Dallas Morning News regarding an innovative innocence project undertaken by the Dallas County District Attorney.

Howard Eglit participated as a panel speaker in a conference organized by AARP to celebrate the 40th anniversary of the enactment of the Age Discrimination in Employment Act. The conference was held in Washington, DC in December, 2007.

Professor Eglit spoke at a conference held in Paris, France, in February, 2008. The conference was organized by one of France’s major educational institutions, SciencesPo, along with several other organizations. His topic was
“The American Perspective Relative to Discrimination Based on Age” at the session on “Les seniors versus les jeunes generation: meme discrimination quel que soit l’age?”

David Gerber gave the opening remarks at the Antitrust Marathon held at Loyola University Chicago School of Law in October 2007. In November 2007, he co-hosted a workshop on competition law and development at New York University School of Law.

In February 2008, Professor Gerber is scheduled to give a presentation entitled “Modernization and the Dynamics of European Competition Law,” at Fordham University School of Law in New York. The conference topic is Fifty Years of the European Community.

Richard Gonzalez will address the national convention of the National Employment Lawyers Association in Atlanta in June 2008. Professor Gonzalez has presented at a number of continuing legal education seminars in recent months.

Vivien Gross has been reappointed as Reporter for the Illinois Supreme Court Committee for Professional Responsibility.

Philip Hablutzel was appointed to a fifth one-year term as a Public Member of the Business Conduct Committee of the Chicago Board Options Exchange. The Committee meets monthly and handles between ten and twenty cases dealing with alleged misconduct in trading options at each meeting.

He has been appointed Secretary of the Section of Corporation, Securities, and Business Law of the Illinois State Bar Association for 2007-2008.

In September 2007, he chaired his 18th Annual Seminar on “How to Form an Illinois Business Entity: Corporation and Its Alternatives” at the Chicago Bar Association.

Steven Harris is a Visiting Professor this semester at the University of Illinois College of Law, where he is teaching a course in commercial law. Professor Harris was a professor there from 1984 to 1996, before he moved to Chicago-Kent.

Timothy Holbrook will serve as a senior scholar commenter at the Michigan State University IP & Communications Law Scholars Workshop in East Lansing on February 15-16, 2008.

Laurie Leader was asked to organize and participate in a teleconference on Fair Labor Standards Act class and collective actions and to write a companion article on the topic to be published by LexisNexis.  The teleconference will take place in late April or May 2008.

Professor Leader, along with her co-counsel in a companion case, defeated a motion for summary judgment in a Colorado Multidistrict Litigation entitled In re American Family Mutual Insurance Company Overtime Pay Litigation (No. 06-CV-17430-WYD-CBS, MDL Docket No. 1743).

In January, 2008 Professor Leader judged the ABA Labor & Employment Committee’s 1st national trial advocacy competition at the U.S. District Courthouse in Chicago. She also served as a regional co-chair of the Chicago competition held in the District Courthouse in November 2007 and helped to draft the materials and problem used in the national competition.

She was commissioned by the Regional Council of Carpenters to investigate and report on hiring and employment practices within Chicago’s trade show industry. That report was recently completed following a four-month investigation.  Also in January, Laurie conducted a training session on sexual harassment for 75 business agents of Operating Engineers Local 150, located in Countryside, Illinois.

Martin Malin served as the Scholar in Residence at the ABA Section on Labor and Employment Law Committee on ADR in the Workplace’s Midwinter Meeting in Playa del Carmen, Mexico on February 10-13, 2008.  In that capacity, he presented two papers:  “Due Process in Employment Arbitration: The State of the Law and the Need for Self-Regulation,” which was the keynote address, and “Revisiting the Meltzer-Howlett Debate Over External Law in Labor Arbitration: It’s Time for Courts to Declare Howlett the Winner,” which was the closing address.

Professor Malin will moderate a panel on “Teaching Beyond Our Borders: The Pedagogy of International and Comparative Workplace Law,” at the Global Workplace Conference at Thomas Jefferson School of Law in San Diego on February 16, 2008.

He was appointed Chair of the Program Committee for the National Academy of Arbitrators 2009 Annual Meeting.

Nancy Marder was an invited participant to the Symposium on Adjudicatory Practices in Transition: Courts and the Public Sphere, organized by Birkbeck College, University of London, and held at the College in December 2007. She was also an invited participant at the Globalization of Class Actions Conference, organized jointly by Stanford and Oxford and held at Oxford University, England.

At the end of December 2007, Professor Marder served as a panelist on four different panels at the Renaissance Weekend held in Charleston, SC.  The panels covered an array of legal issues, including “A Supreme Court Review” and “Judicial Activism, Conservative and Liberal and Its Impact on American Democracy.”

In January 2008, Professor Marder presented her paper entitled “The Conundrum of Cameras in the Courtroom” at the University of Missouri-Kansas City School of Law in Kansas City, Missouri. Also in January, Professor Marder proposed and spoke in favor of a rule change before the Illinois Supreme Court Rules Committee. The proposed rule change would allow Illinois trial judges to provide each individual juror with a written copy of the instructions rather than having jurors share a single copy.

In November 2007, Professor Marder served as a peer reviewer for Studies in Law, Politics & Society, and in December 2007, she served as a peer reviewer for Aspen Publishers.

Sheldon Nahmod is speaking at the University of North Carolina on Feb. 22, 2008, at a symposium on Garcetti v. Ceballos organized by the First Amendment Law Review.

Professor Nahmod will speak about Section 1983 to newly confirmed federal district court judges at an orientation program under the auspices of the Federal Judicial Center in Washington, DC on February 28, 2008.

He successfully argued for the plaintiff-decedent in Richman v. Sheahan, a Seventh Circuit Section 1983/Fourth Amendment case involving the alleged use of excessive force by Cook County deputy sheriffs in a Cook County courtroom. Judge Richard Posner wrote the opinion.

Henry Perritt participated as a member of a panel discussion sponsored by the Chicago Music Commission in January 2008. The panel topic was the Commission’s recent report, Chicago Music City: A summary report on the music industry in Chicago. The focus of the report is the economic impact of the music industry in Chicago compared to that in other major cities.

Ronald Staudt accepted the Louis M. Brown Award for Legal Access awarded by the ABA Standing Committee on the Delivery of Legal Services at the ABA MidYear Meeting’s Awards Luncheon in Los Angeles on February 4, 2008. The award was made to Chicago-Kent College of Law Center for Access to Justice & Technology for outstanding work on the practical application of technology to legal services in ways that create greater efficiencies and expand access to justice.

Richard Wright presented a paper, “Liability for Possible Wrongs: Causation, Statistical Probability and the Burden of Proof,” at a symposium on The Frontiers of Tort Law at Loyola Law School, Los Angeles, in January 2008.  Papers from the symposium will be published in the Loyola Los Angeles Law Review.

Professor Wright has accepted invitations to present papers at conferences in Calgary, Canada and Aberdeen, Scotland in June 2009.  He also spearheaded a neighborhood effort that resulted in the recently approved rezoning of the Central Street area in North Evanston to preserve its small village, eclectic independent retail character.

Research in Progress – February 2008

Lori Andrews is currently 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.

David Gerber’s main current project is a book on competition law and global markets.

Laurie Leader was asked to serve as a revision author for Volume 15 of Matthew Bender’s Current Legal Forms on stock options and related incentive plans.  The submission date is in early July.

Nancy Marder has nearly completed her article, The  Conundrum of Cameras in the Courtroom. This article examines the question of whether federal courts should allow cameras in the courtroom, and considers the effects that cameras might have on participants at the trial and appellate levels. Congress is again considering whether the U.S. Supreme Court should have cameras in its courtroom. The article also explores the effects of cameras in this setting and suggests alternatives that would be preferable.

Professor Marder also has begun work on a book entitled The Jury as Ritual.

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

Henry Perritt’s book, The Kosovo Liberation Army: Inside Story of an Insurgency, has been listed by the University of Illinois Press in its catalog and on for release in June 2008.

Joan Steinman is working on the 2009 Pocket Parts and Supplements for volumes 14B and 14C of the Wright & Miller Federal Practice and Procedure treatise. She also is revising volumes 14B and 14C in their entirety.

Professor Steinman soon will submit for publication in law reviews an article entitled Claims, Civil Actions, Congress & the Court — or Limiting the Reasoning of Cases Construing Poorly Drawn Statutes: Exxon Mobil Corp. v. Allapattah Services, Inc.

Publications – February 2008

Lori Andrews wrote an article for Parade magazine in January, advising consumers on their health insurance rights.  Also in January, her article (co-authored by Jordan Paradise) Tales from the Crypt: Scientific, Ethical, and Legal Considerations for Biohistorical Analysis of Deceased Historical Figures, was published in 26 Temp. J. Sci. Tech. & Envtl. L. 223; it outlined the rights of the dead and the ethics of undertaking research on deceased persons.

Forthcoming in the February/March issue of the Journal of Life Sciences is Professor Andrews’s article Thinking Small (co-authored with Julie Burger) about the federal regulatory issues raised by nanotechnology.  Professor Andrews recently reviewed the book Reprogenetics: Law, Policy and Ethical Issues, in 358 New Eng. J. Med. 204 (January 10, 2008).

William Birdthistle has a forthcoming article, The Fortunes & Foibles of Exchange-Traded Funds, 33 Del. J. Corp. L. (forthcoming 2008).

Evelyn Brody participated (with Doug Hammer, Oliver Henkel, Patsy Matheny, and Alan R. Morse) in a published dialogue, moderated by Bruce McPherson, on The Future of Property Tax Exemption for Nonprofit Health Care Organizations, 44 Inquiry J. 238-46 (Fall 2007).

Daniel Coyne had a letter to the editor of the Chicago Daily Law Bulletin published on January 22, 2008. The letter addressed the impending budget crisis in the Cook County Criminal Justice system.

David Gerber’s article, Private Enforcement of Competition Law: A Comparative Perspective, has been published in The Enforcement of Competition Law in Europe (Thomas Moellers, ed., Cambridge University Press, 2008).

Professor Gerber’s article, Competition Law, Contracts and Consumer Projection In European Integration, was published in Liber Amicorum: Private Law Beyond the National Systems (Mads Andenas, ed., 2007).

His article, Chinese Competition Law in the Context of Globalization, was published in a series of essays on the new Chinese anti-monopoly law edited by Xiaoye Wang (in Chinese).

Steven Harris’s article,The International Rail Registry, has been published at 12 Unif. L. Rev. 531 (2007).

Harold Krent published Fee Shifting as a Congressional Response to Adventurous Presidential Signing Statements in 16 Wm. & Mary Bill Rts. J. 211 (2007) as part of a symposium, The Last Word? The Constitutional Implications of Presidential Signing Statements.

With students, Dean Krent published Whose Business is Your Pancreas, in 17 Annals of Health L. 1 (2008).

Laurie Leader recently completed an update of  her treatise, Wages and Hours:  Law and Practice, published by LexisNexis, Matthew Bender.

Martin Malin’s article, Charter Schools and Collective Bargaining: Compatible Marriage or Illegitimate Relationship? was published in 30 Harv. J. L. & Pub. Pol’y 886 (2007).

Professor Malin’s article, Due Process in Employment Arbitration: The State of the Law and the Need for Self-Regulation, has been published in 11 Emp. Rts. & Emp. Pol’y J. 363 (2007).

Nancy Marder’s Introduction to the 50th Anniversary of 12 Angry Men, 82 Chi.-Kent L. Rev. 557 (2007) and her essay The Banality of Evil: A Portrayal in 12 Angry Men, 82 Chi.-Kent L. Rev. 887 (2007) both appeared as part of a symposium consisting of twenty essays that use the 50th anniversary of the movie as a point of departure for exploring a range of topics, including changes in the jury, criminal law, and popular culture.  Professor Marder served as Symposium Editor.

Sheldon Nahmod’s most recent article, Public Employee Speech, Categorical Balancing and Section 1983: A Critique of Garcetti v. Ceballos, appears at 42 U. of Richmond L. Rev. 561 (2008).

Henry Perritt’s article, Flanking the DRM Maginot Line Against New Music Markets, was published at 16 Mich. St. J. Int’l L. 113 (2007).

David Rudstein published the 2008 update for his treatise, Criminal Constitutional Law (with C. Peter Erlinder & D. Thomas), in December 2008.

Professor Rudstein’s article, Retrying the Acquitted in England, Part II: The Exception to the Rule Against Double Jeopardy for “Tainted Acquittals,” was accepted for publication in the San Diego J. Int’l L. (forthcoming April 2008).