Monthly Archives: February 2009

Faculty Activities – February 2009

Lori Andrews participated in a panel discussion on genetics and art at the University of Illinois at Chicago Humanities Institute, where she delivered a speech, “Science, Art & Policy,” in November 2008.

Later in November, Professor Andrews spoke alongside Chicago History Museum Chief Historian Russell Lewis at the event “Wet With Blood: The Investigation of Mary Todd Lincoln’s Cloak” sponsored by the Chicago-Kent Institute for Law and the Humanities. Also in November, Professor Andrews gave a speech on genetic genealogy to members of the Sons of the American Revolution at the Union League Club in Chicago.

She will travel to New York City to speak at the 34th Annual Scholar and Feminist Conference at Barnard College on February 28, 2009. At this conference, Professor Andrews will participate in the program “The Politics of Reproduction: New Technologies of Life.”

On December 2, 2008, the Institute for Science, Law & Technology launched a new blog, “On the Edges of Science and Law.” Professor Andrews, ISLAT professional staff members, and student research assistants contribute to the blog, which is updated on Tuesdays and Thursdays. The ISLAT blog has covered various topics, including the California octuplets, nanotechnology, schoolchildren with diabetes, and genetic testing of children for the “sports” gene. The blog is available online at

Numerous reporters—including CBS News and nationally syndicated columnist Ellen Goodman—contacted Professor Andrews for her comments on the bioethical issues surrounding the birth of octuplets to a single mother in California. Professor Andrews also wrote an op-ed on the subject at the request of the New York Daily News, Stop baby docs from going wild: Risky multiple in-vitro births are a growing menace,
February 15, 2009.

Bernadette Atuahene has been invited to give a talk at Auburn University on February 23, 2009, which will be hosted by their Africana Studies Program. The talk is entitled “Getting Back What’s Ours: Land Restitution in South Africa.” She has also been invited to present her latest article entitled Property Rights and the Demands of Transformation on February 27, 2009 at the St. Louis University School of Law symposium, Property Ownership and Economic Stability: A Necessary Relationship?

Professor Atuahene has been appointed an Associate Editor of Law and Social Inquiry, which is a peer-reviewed journal hosted by the American Bar Foundation.

William Birdthistle is the Counsel of Record for the Brief of Amici Curiae Law Professors in Support of the Issuance of a Writ of Certiorari in Jones v. Harris Associates, which is currently pending before the U.S. Supreme Court.

Richard Gonzalez was again named an “Illinois Super Lawyer” by Chicago Magazine in February 2009.

Sanford Greenberg presented a paper, “Civil Service in the United States: An Overview of Statutory and Constitutional Protections,” at Neuvièmes Journées du Pôle Européen Jean Monnet: Vers un Modèle Européen de Fonction Publique?, a colloquium held at the Faculté de Droit, Economie et Administration, Université Paul Verlaine – Metz, France in November 2008. The paper will be published in a forthcoming volume of the proceedings of the colloquium.

While in Metz, Professor Greenberg taught two mini-courses, one on Administrative Law and one on Legal Writing.

Vivien Gross has been reappointed Professor Reporter for the Illinois Supreme Court Committee on Professional Responsibility. The Committee advises and makes recommendations on matters relating to legal ethics and the regulation of attorney conduct.

Philip Hablutzel spoke at the Annual Conference of the American Academy of Matrimonial Lawyers, Illinois Chapter, co-sponsored by the Illinois Institute of Continuing Legal Education in January 2009.  He described both the publicly-available information regarding Illinois corporations, partnerships, limited partnerships, limited liability companies and other business entities and also what information should be subject to discovery in order to make a valuation of each spouse’s assets.

In January 2009 Professor Hablutzel was appointed to a sixth one-year term as a member of the Business Conduct Committee of the Chicago Board Options Exchange. The Committee meets monthly and rules on disciplinary cases at the Exchange.

He is also serving as Vice-Chair of the Corporation, Securities and Business Law Section Council of the Illinois State Bar Association.

Steven Harris continues to be active in the reform of commercial law both nationally and internationally.  As Reporter for the Joint Review Committee on Uniform Commercial Code Article 9, Professor Harris drafted a set of proposed statutory amendments that were considered at the Committee’s February 2009 meeting in Portland, Oregon. As Commercial Law Coordinator for the United States delegation with respect to the Cape Town Convention on International Interests in Mobile Equipment, he participated in the drafting of the proposed Protocol on Space Assets.

This semester Professor Harris is a Visiting Professor at the University of Illinois College of Law, where he is teaching a course in Commercial Law.  He was a professor at Illinois from 1984 to 1996, before he joined the faculty of Chicago-Kent.

Timothy Holbrook spoke at the 10th Annual Intellectual Property Symposium at the University of Texas Law School, hosted by the Texas Intellectual Property Law Journal on February 6, 2009. He was on the panel, “Institutions for Promoting Innovation,” where he discussed the roles of the World Trade Organization and the World Intellectual Property Organization in fostering innovation internationally.

Nancy Marder is teaching in London as part of the London Consortium Program from January through May, 2009. Chicago-Kent College of Law is a member of this Consortium, along with several other law schools, and selects a faculty member to teach in London every few years. The students who participate in this Program are from the member law schools.

On March 9, 2009, Professor Marder will give a seminar on “The Criminal Jury Trial Process in the U.S.A.” at the University of Burgos, in Spain.

On April 3, 2009, Professor Marder will present her paper entitled “Judging Judge Judy” at the Law, Culture and Humanities Conference in Boston, Massachusetts.  This paper is being published as a chapter of a book, Lawyers in Your Living Room (Michael Asimow ed. forthcoming 2009).

In December 2008, Professor Marder served as a peer reviewer for the National Institute of the Humanities and the University of Chicago Press.

Sheldon Nahmod has given several recent talks. He spoke to several hundred attorneys of the Defense Research Institute in New Orleans in January 2009. His topic was “A Review of the Supreme Court’s 2007 Term.”

Professor Nahmod spoke at Chicago-Kent to a student animal rights organization in February 2009 about the dormant Commerce Clause and prohibitions on foie gras.

Also in February he spoke to the Chicago-Kent branches of the American Constitution Society and the Federalist Society where his topic was “A Review of the Supreme Court’s 2007 Term.”

Professor Nahmod drafted a petition for writ of certiorari in DeReyes v. Wilkins, No. 08-762, a potentially significant Section 1983 civil rights case from the Tenth Circuit.

Henry Perritt will give a lecture at DePaul University College of Law on February 24, 2009 on Kosovo’s independence and related international law issues.

Professor Perritt’s musical, “You Took Away My Flag – A Musical About Kosovo,” is in rehearsals for performances at Strawdog Theatre on June 12-13 and June 19-20, 2009.

Ronald Staudt has been appointed to the Circuit Court of Cook County 1st Municipal District Pro Se Committee. Professor Staudt’s other recent committee appointments include the Grants Committee of National Public Automated Documents Online and Chair of The College of Law Practice Management’s Committee on Legal Services Project.

Professor Staudt spoke at the Access to Justice Symposium at Loyola Los Angeles Law School on February 6, 2009. His topic was “All the Wild Possibilities.”

Richard Wright has agreed to present a paper on burdens of proof in the common law and the civil law at the 8th Annual Conference on European Tort Law at the Institute for European Tort Law, Austrian Academy of Sciences, Vienna, Austria, in April 2009. His paper will be published with other papers from the conference by Springer Publishing.

Professor Wright has been invited to be the leading expert at a “Roundtable on the NESS Theory in a Nordic Perspective” at the Nordic Tort Experience conference in May 2009 at the University of Oslo in Norway.  (NESS, “necessary element of a sufficient set,” is a theory of causation.)
Other invited participants include the leading tort scholars from the Nordic countries, the Norwegian Higher Prosecuting Authority, the Norwegian Attorney General and the Supreme Court of Norway.

As part of the Norway conference, Professor Wright will also present a lecture to the faculty and doctoral students of the Department of Private Law on the concepts of reasonableness and negligence employed in the law and in life and lead off “The Grill” by presenting comments on a paper by a doctoral student on the relationship of theories of distributive and corrective justice to the Nordic welfare state.

In June 2009, Professor Wright will deliver four lectures on tort law theory and practice to the faculty and doctoral students in the Department of Private Law at the University of Palermo in Sicily.

Professor Wright will present two lead-off papers, on the philosophical analysis of causation (co-authored with Professor Horacio Spector) and liability in problematic causation cases in the United Kingdom, at an international conference on Perspectives on Causation at the University of Aberdeen in Scotland in June 2009. The conference will bring together leading philosophers, legal academics, practicing lawyers, scientists and members of the British House of Lords to discuss judicial and academic developments and confusions with respect to increasingly frequent and difficult problems regarding causation in the law. These papers will be published with other papers from the conference by Hart Publishing.

Research in Progress – February 2009

Nancy Marder has written an article, Jury Reform: The Impossible Dream? at the request of the Tennessee Journal of Law and Policy as part of its 2009 Summers-Wyatt Symposium: Asking Jurors To Do the Impossible.

Professor Marder is currently writing a paper, whose working title is “From ‘Practical Obscurity’ to Web Disclosure:  A New Understanding of Public Information,” at the invitation of the Syracuse Law Review as part of its Symposium on Law and Media.

César F. Rosado Marzán is currently working on a research project related to labor law enforcement in Chile after the U.S.-Chile Free Trade Agreement.

David Rudstein is in London conducting research for his latest article on English double jeopardy law, with an eye on turning the project into a book.

Joan Steinman has begun work on the 2010 Supplements to volumes 14B and 14C of the Wright and Miller Federal Practice and Procedure treatise.

Richard Wright has agreed to write a couple of entries, on causation and negligence-reasonableness-fault, for the online IVR Encyclopaedia of Jurisprudence, Legal Theory and Philosophy of Law.

Publications – February 2009

Lori Andrews has published her chapter, Making Art, Making Policy in Imagining Science: Art, Science, and Social Change (Sean Caulfield and Timothy Caulfield eds., The University of Alberta Press, 2008). The book won an award in the “Scholarly and Professional” category in the 2009 New York Book Show.

William Birdthistle’s article The Fortunes and Foibles of Exchange-Traded Funds: A Positive Market Response to the Problems of Mutual Funds, 33 Del. J. Corp. L. 69 (2008) has been selected for inclusion in Securities Law Review, an anthology of the top ten outstanding securities law articles of 2008 edited by Professor Donald Langevoort, Georgetown University Law Center.

Professor Birdthistle published a book review in the Wall Street Journal on January 2, 2009, entitled Behind the Green Veil, reviewing Richard Tillinghast’s Finding Ireland.

Harold Krent has published a chapter, Regulating Data Stored Online in the United States, in When Worlds Collide: Intellectual Property, High Technology and the Law (Kluwer 2008).

Martin Malin has published his article, Do Cognitive Biases Infect Adjudication? A Study of Labor Arbitrators, 11 Penn. J. Bus. L. 175 (2008) (with M. Biernat) (supported by a grant from the National Academy of Arbitrators Research & Education Foundation).

Sheldon Nahmod’s 2008 Update of his treatise, Civil Rights and Civil Liberties Litigation: The Law of Section 1983 (4th ed. Thomson/West 1997) was published in October 2008.

Professor Nahmod’s article, Academic Freedom and the Post-Garcetti Blues, was published in the 7 First Amendment L. Rev. 54 (2008). (University of North Carolina, School of Law).

Henry Perritt’s second book about Kosovo, The Road to Independence for Kosovo: A Chronicle of the Ahtisaari Plan, has been accepted for publication by Cambridge University Press.

César F. Rosado Marzán has a forthcoming article, Pirates of the Caribbean: The SEIU’s Failed Bid in Puerto Rico, in WorkingUSA: The Journal of Labor and Society (forthcoming 2009).

David Rudstein’s 2009 update to his 3-volume treatise, Criminal Constitutional Law (with C.P. Erlander and D. Thomas) was published in December 2008 by Matthew Bender & Co.

Joan Steinman has submitted revised volumes 14B and 14C of the Wright & Miller Federal Practice and Procedure treatise.

Professor Steinman’s article, Claims, Civil Actions, Congress & the Court: Limiting the Reasoning of Cases Construing Poorly Drawn Statutes, was published by 65 Wash. & Lee L. Rev. 1593 (2008).

Richard Wright’s article, Liability for Possible Wrongs: Causation, Statistical Probability, and the Burden of Proof, has been published in the Symposium on The Frontiers of Tort Liability, 41 Loy. L.A. L. Rev. 1295 (2008).