Monthly Archives: November 2008

Faculty Activities – November 2008

Lori Andrews delivered a keynote speech, “Forensics 101: Science, Law, Ethics and Fiction,” at the Know Your Chicago 2008 Symposium at the University of Chicago in September 2008.  Later in September, she presented a paper on “How Art and Literature Can Contribute to Genetic Policy” at the Mendel in the 21st Century Symposium at Villanova University.

In October 2008, Professor Andrews co-chaired a national meeting of the March of Dimes Bioethics Advisory Committee in New York, participated in a meeting of the Women’s Bioethics Project in Seattle, and participated in a Robert Wood Johnson Foundation-funded meeting to develop recommendations for patients as policy actors.  Also in October, Professor Andrews spoke at North Central College in Naperville on “A Novel Approach to Biotech Policies.”

In recent weeks, Professor Andrews has appeared on television and radio shows in Chicago, New York, Los Angeles, San Francisco, Seattle, and Miami, discussing genetics, children of sperm donation, and “5 things the next president should know about science.”  She was also featured in various newspapers, including The Chicago Sun-Times, The Chicago Daily Law Bulletin, The Seattle Post-Intelligence and the Coral Gables Community Newspaper.

In September, her latest mystery, Immunity, was published.

Bernadette Atuahene gave presentations at the University of Witwaterstrand Law Faculty and the University of Stellenbosch Property Institute while on leave in South Africa.

Professor Atuahene has been invited to Georgetown University Law Center on November 14, 2008 to present her work at a conference entitled The Public Nature of Private Property. She has also been invited to St. Louis University to present her work at a symposium.

William Birdthistle interviewed the general counsel of CIGNA Corporation, Carol Ann Petren, in a presentation for the 2008 Corporate Counsel Leadership Forum in Chicago in September 2008.

On November 7, 2008 Professor Birdthistle hosted a scholarly roundtable, “The Evolution of Mutual Funds: Markets & Law,” at Chicago-Kent with Tamar Frankel of Boston University Law School

Evelyn Brody participated in two invitational conferences: the 20th Annual Conference of the National Center on Philanthropy and the Law, New York University School of Law, on “Structures at the Seam: The Architecture of Charities’ Commercial Activities” in October 2008; and the Research Roundtable on “Mission and Money: Understanding the University,” at Northwestern University School of Law, in September 2008, a gathering built around the newly published book of the same name by Burton A. Weisbrod, Jeffrey P. Ballou, and Evelyn D. Asch.

Professor Brody was the keynote speaker, addressing “Ethical Issues Addressed in the ALI’s Project on Principles of the Law of Nonprofit Organizations,” at the 40th Anniversary of the Community Foundation for the Capital Region and the 30th Anniversary of Albany Law School’s Government Law Center in Albany in June 2008.

She organized and spoke on a panel on “A Technical Look at Endowment Spending: Policies, Filing, Accounting, and Possible Legislation” at the ABA Tax Section’s Exempt Organizations Committee in Washington, DC in May 2008.

Professor Brody joined the panel (with Michael Peregrine and Lesley Rosenthal) on “Understanding Board Responsibilities: Fundamentals, Changes and Challenges” at the Seminar on Issues in Nonprofit Governance at a Georgetown University Law Center CLE co-sponsored by Independent Sector and the Internal Revenue Service in Washington, DC in April 2008.

She made two presentations to the Advisory Group to the Independent Sector on Defining the Charitable Community: on the “Historical and Regulatory Context” in Washington, DC in April 2008, and on “‘Public Benefit’ as Defined at the State Level” in Washington, DC in October 2008.

At the Columbia University Law School National State Attorneys General Program, Charity Regulation Project in New York City in March 2008, Professor Brody participated as a panelist on two panels: “Point/Counterpoint: Case and Related Policy Discussion – The Yawkey Trust: The Boston Red Sox and Involvement by Former Massachusetts Attorney General Tom Reilly” and “Remedies: Selecting, Obtaining and Effectuating a Desired Outcome the Public Policy Considerations.”

She presented “Governing the U.S. Nonprofit Organization: Accommodating Autonomy in Organizational Law” at the Seminar Series on Corporate Governance, University of Minnesota Law School, Institute for Law & Economics in Minneapolis in February 2008.

Professor Brody is participating in several law reform projects.  As Reporter of the American Law Institute’s project on Principles of the Law of Nonprofit Organizations, she appeared at the May 2008 Annual Meeting to finish presenting Tentative Draft No. 1 (2007), covering Chapter 3 (Governance); the draft received the approval (subject to revision to reflect discussion) of the membership.  Chapter 4 (Gifts) received the approval of the ALI Council in October 2008, for revision for the Annual Meeting in May 2009. Professor Brody was appointed as ALI Liaison to the Uniform Law Commission’s Study Committee on Regulation of Charities.

Daniel Coyne gave several talks in May 2008, including speaking to the applicants for admission to the Bar at the First District Admission Ceremony, at the invitation of the Illinois Supreme Court. His topic was pro bono activities. He addressed the criminal law committee of the Chicago Bar Association at the invitation of the chair of the committee on the topic of the Appleseed Fund for Justice Report on Chicago’s Felony Courts.

Also in May, Professor Coyne presented published research findings of the Chicago Council of Lawyers regarding the Illinois Death Penalty at the Abolition Conference sponsored by the Illinois Coalition to Abolish the Death Penalty. Opposing the termination of Public Defender Edwin Burnette was his topic at the Cook County Board meeting.

In Summer 2008, he was an invited participant in deferral/diversion discussions for youthful offenders with members of the Circuit Court of Cook County, Judge Biebel and Judge Kirby. His letter on Criminal Division Bond Court Reform was published in the Chicago Daily Law Bulletin on September 9, 2008. He provided published commentary and quotes to Chicago Daily Law Bulletin regarding Bond Court Reform on October 8, 2008.

Professor Coyne’s October activities include presiding over the annual meeting of Chicago Council of Lawyers honoring State’s Attorney Richard Devine and Public Defender Edwin Burnette with Commitment to Justice awards. He spoke to the Chicago Police Academy regarding legal community expectations of Chicago Police Recruit Officers.

Also in October he presided as moderator for State’s Attorney candidates’ forums held at Chicago-Kent. Republican candidate for State’s Attorney, Tony Peraica, was questioned by a panel of experts on Oct 16, 2008. Democratic candidate for State’s Attorney, Anita Alvarez, was questioned by another panel on October 21, 2008.

Professor Coyne conducted training for the Cook County Public Defender’s Office regarding death penalty issues on October 29-30, 2008. He provided published commentary and quotes to the Chicago Tribune regarding a Lake County murder case and the law of self-defense on October 14, 2008.

Professor Coyne continues to participate on the Principals Committee of the Presiding Judge of the Criminal Division of the Circuit Court of Cook County. He also participates in research and investigation of the 17 to 19-year-old deferral program for the Circuit Court of Cook County.

Philip Hablutzel was a speaker at an all-day seminar of the Illinois State Bar Association in Chicago in May 2008. His topic was “Problems in Organizing an Illinois Business Entity.”

He was faculty sponsor and organizer of Chicago-Kent’s 27th Annual Conference on Not-For-Profit Organizations, held in June 2008.

For the twentieth year, Professor Hablutzel was organizer and chair of the Chicago Bar Association’s annual two-day seminar in September on “How to Form an Illinois Business Entity.” He spoke on the array of legal entities available and then moderated a panel discussion of the ethical issues involved.

In September 2008, he was the speaker at the Illinois State Bar Association Section Council on Corporation, Securities and Business Law. He described the 27-year history of the work of the Institute of Illinois Business Law, of which he is now the Director.

In October 2008, he took the students in his course in Securities Regulation on a tour of the Chicago Board Options Exchange, where he is in his fifth year as a member of the CBOE disciplinary body, The Business Conduct Committee.

Steven Harris participated in a meeting in Berlin concerning the draft Space Assets Protocol to the Cape Town Convention on International Interests in Mobile Equipment. He is a member of the delegation of the United States of America.

Timothy Holbrook was on the panel, Successful Strategies at the Federal Circuit, at the Intellectual Property Law Association of Chicago’s Patent Law Symposium 2008, held in Chicago in October 2008.

Harold Krent delivered a talk on “Uses and Abuses of the Pardon Power” at Peking University in September 2008.

Dean Krent spoke on “Strategies for International Consumer Protection” at the Beijing and Shanghai Bar Associations, also in September.

Martin Malin presented a paper, “The Paradox of Public Sector Labor Law,” at the Third Annual Colloquium on Current Scholarship in Labor and Employment Law in San Diego, California October 2008.

Nancy Marder presented her paper “The Conundrum of Cameras in the Courtroom” as part of a panel on Law and the Media at the Midwest Law & Society Retreat at the University of Wisconsin in Madison in September 2008.

In October 2008, Professor Marder gave a faculty workshop on “The Conundrum of Cameras in the Courtroom” at Syracuse University College of Law in Syracuse, New York.

Professor Marder was re-appointed to serve as a member of the National Jury Center Advisory Committee of the American Judicature Society.  She will serve in this capacity until August 2009.

Henry Perritt’s book, Kosovo Liberation Army: The Inside Story of an Insurgency, has been number one on the list of 10-best sellers in Kosovo for the last couple of weeks.

Professor Perritt’s musical about Kosovo, “You Took Away My Flag,” has entered rehearsals at the Theatre Building Chicago, for a staged reading at the same venue on Sunday, November 16, at 7:30 PM.

Ronald Staudt will be a presenter in two panels: “Tapping into the Law School Market: Building Partnerships and Leveraging Resources” and “Innovations in Online Intake” at the National Legal Aid & Defender Association Annual Conference in Washington, DC on November 19-22, 2008. The Conference theme is Creating Change, Achieving Justice.

Professor Staudt spoke at a Context discussion event sponsored by the Goodman Theater entitled: “Remixed, Revised, Ripped Off? The Fine Line Between Fair Use and Musical Infringement,” held at The Spot in Uptown on November 3, 2008.

Joan Steinman participated in a meeting of the American Law Institute Principles of the Law of Aggregative Litigation project consultative group, at Harvard Law School in October 2008.

Also in October she participated in a Federalist Society-sponsored debate at Chicago-Kent. The debate topic was obesity litigation.

Keith Ann Stiverson served on an ABA site inspection team that made a mid-October visit to Charleston School of Law in Charleston, South Carolina.

Research in Progress – November 2008

Bernadette Atuahene has submitted her article Things Fall Apart: The Illegitimacy of Property Rights in the Context of Past Theft to peer-reviewed journals for publication.

During her leave in South Africa, Professor Atuahene interviewed over 150 people who lost their land during Apartheid and received some form of compensation through the Land Restitution Program. She is working on a book and a series of articles that explore the emotional, psychological and economic effects of receiving compensation.

Richard Gonzalez and Laurie Leader are working on a new edition of the Schlei & Grossman treatise, The Law Of Employment Discrimination, generally regarded as the leading treatise on employment law.

Nancy Marder has continued to present her article “The Conundrum of Cameras in the Courtroom” at workshops and conferences in this country and abroad and is revising the article to incorporate comments offered by participants at these presentations.

Professor Marder also has begun work on a short piece directed to judges and lawyers in Illinois as to why jurors should be given the opportunity to submit written questions to witnesses during a trial, as is the practice in several other states.

Joan Steinman submitted the 2009 Supplements for volumes 14B and 14C of the Wright & Miller Federal Practice and Procedure treatise. She has begun work on the 2010 Supplements and continues to work on the full volume revisions.

Professor Steinman is reviewing several chapters of a forthcoming student study aid on civil procedure, at the request of the publisher, Wolters Kluwer.

Publications – November 2008

Evelyn Brody has published two articles:

Governing the U.S. Nonprofit Organization: Accommodating Autonomy in Organizational Law, 46 Canadian Bus. L.J. 343 (2008).

Draft Model Nonprofit Corporation Act Needs Coordination with Tax Code, 119 Tax Notes 617 (May 12, 2008) (with Marion Fremont-Smith).

Ted Field has a forthcoming article, Improving the Federal Circuit’s Approach to Choice of Law for Procedural Matters in Patent Cases, 16 Geo. Mason L. Rev. (forthcoming April 2009).

Harold Krent published a review of George P. Fletcher and Jens David Ohlin’s book, Defending Humanity: When Force is Justified and Why, 18 Law & Pol. Book Rev. 933 (2008).

Martin Malin has published two articles:

Revisiting the Meltzer-Howlett Debate over External Law in Labor Arbitration: Time for Courts to Declare Howlett the Winner?, 24 Lab. Law. 1 (2008).

Political Ideology and Labor Arbitrators Decision-making in Work-Family Conflict Cases, 34 Personality & Soc. Psychol. Bull. 888 (2008) (with M. Biernat) (supported by a grant from the National Academy of Arbitrators Research & Education Foundation).

Richard Wright’s paper, The Nightmare and the Noble Dream: Causation and Responsibility, was published in The Legacy of H.L.A. Hart: Legal, Political, and Moral Philosophy (Oxford University Press 2008), along with papers by other leading experts on the main topics addressed by Hart’s philosophical writings.  The papers were commissioned for a British Academy Symposium held at Cambridge University, England in July 2007 to mark the centenary of Hart’s birth, which was attended by delegates from every continent except Antarctica.