Monthly Archives: April 2009

Research in Progress – April 2009

Lori Andrews is working with other Institute for Science, Law and Technology staff members to produce a monograph detailing the potential legal issues that could arise over the lifespan of a person with diabetes. The monograph will also include policy recommendations and will be distributed as a reference tool to key lawyers, lawmakers, patients, scientists, members of the public, education leaders and others. She is also working with the American Diabetes Association on a monograph of legal and medical issues for school children with diabetes.

Professor Andrews has also been working on a pro bono case with the ACLU. She continues to serve on the Bioethics Advisory Council of the March of Dimes Foundation, and will travel to New York for a national meeting in May 2009. She also continues to write for the ISLAT Blog, which can be viewed at

She is currently editing a symposium issue of Chicago-Kent Law Review based on the conference “Who Owns Your Body?,” which was sponsored by ISLAT and held at Chicago-Kent College of Law in May 2007. The conference explored the ethical and legal issues surrounding Michael Crichton’s novel Next.

Professor Andrews is working with her co-authors to revise their casebook, Genetics:  Ethics, Law, and Policy, for a third edition to be published by Thomson/West.

William Birdthistle has been invited by Case Western Reserve Law Review to submit a paper for a symposium on institutional investors. His topic will be the role of institutional investors in private investment funds.

Nancy Marder is writing a chapter, Instructing the Jury, for The Oxford Handbook of Language and Law, edited by Larry Solan and Peter Tiersma, which will be published by Oxford University Press.

Professor Marder is also doing research for an article whose working title is Theories of Juror Bias, Voir Dire and Jury Decision-making. Her research includes the study of the British jury, and how British courts ensure impartial juries even though the British jury system does not include any voir dire.

Publications – April 2009

Bernadette Atuahene’s article, Things Fall Apart: The Illegitimacy of Property Rights in the Context of Past Theft, was accepted by Arizona Law Journal.

Kimberly Bailey’s article, The Aftermath of Crawford and Davis: Deconstructing the Sound of Silence, was published in 2009 BYU L. Rev. 1

William Birdthistle‘s article, Pecuniary Pragmatism: A Behavioral Approach to Investing has been accepted by The University of Illinois Law Review for publication in January 2010.

Fred Bosselman has a forthcoming chapter, a forthcoming article, and two published articles:

Overcoming the Loneliness of the Long Distance Runner: Nuclear Power for 2020, in Climate Change: A Reader (William Rodgers, ed., Carolina Academic Press, forthcoming Augest 2009).

Swamp Swaps: The Second Nature of Wetlands is forthcoming in the September 2009 issue of Environmental Law.

Preparing for a Bull Market in Wetlands, 61 Plan. & Envtl. L. 3 (February 2009).

Resolving the Spent Fuel Issue for New Nuclear Power Plants, 35 Ecology Currents 13 (2008).

Evelyn Brody has published her chapter, Business Activities of Nonprofit Organizations: Legal Boundary Problems, in Nonprofits and Business 83-127 (C. Eugene Steuerle & Joseph J. Cordes, eds., Urban Institute Press 2009).

Martin Malin’s book, Labor Law in the Contemporary Workplace (with Dau-Schmidt, Corrada, Cameron & Fisk) was just published by Thomson/West.

Nancy Marder has a forthcoming article, Jurors in Illinois Should Have the Right to Submit Questions to be Answered by Witnesses, Chicago Bar Association Record (with Bruce R. Pfaff and John M. Stalmack) (forthcoming May 2009).

Dan Tarlock has published his book chapter, Biodiversity Conservation: An Unrealized Aspiration (with Andrew Zabel), in Agenda for a Sustainable America (John Dernbach ed., Environmental Law Institute, 2009).

Richard Wright’s often-cited article, Causation in Tort Law, 73 Cal. L. Rev. 1737 (1985), which previously was reprinted in The International Library of Essays in Law and Legal Theory, Tort Law (Dartmouth Publishing Co., Aldershot, England 1991), will be reprinted in a new 4 volume set on Causality as part of the SAGE Benchmarks in Social Research Methods (SAGE Publications, Ltd., London, England 2009).

Faculty Activities – April 2009

Lori Andrews gave a lecture, “Regulating Reproductive Wrongs Without Harming Reproductive Rights,” as part of the Larry and Sherrie Nagin Lecture Series at the University of California, Hastings College of the Law in March 2009.  The lecture was open to students and faculty members at various San Francisco Bay Area law schools and medical schools. Later in March 2009, she spoke at an IIT Health Workshop on the Main Campus about the legal aspects of health research.

In March 2009 Professor Andrews, with Josh Sarnoff of American University and Jonathan Kahn of Hamline University, submitted an extensive analysis to the Australian Senate’s Standing Committee on Community Affairs about how gene patents create problems for innovation, health care, and society at large.

In April 2009, she participated in a panel discussion “Law and Contemporary Fiction” at the Association for the Study of Law, Culture, and the Humanities Annual Conference at Suffolk University Law School in Boston. The panel consisted of Professor Andrews and three other law professors who have written works of fiction.

Also in April Professor Andrews participated in DNA Day at the International Museum of Surgical Science in Chicago. She spoke on forensic DNA to student groups and later gave a talk about her novels.

Professor Andrews was quoted in various publications, including ABC News, the Chicago Tribune, Good Housekeeping, The Dominion Post (Wellington, New Zealand), and The San Diego Union-Tribune.

Bernadette Atuahene was invited to present her paper “Property Rights and the Demands of Transformation” at the Critical Race Theory 20 Conference at University of Iowa College of Law in April 2009.

Professor Atuahene will teach International Business Transactions in Shanghai, China in May 2009.

Kimberly Bailey presented “There Is a Stranger in My House: Re-Examining the Role of Criminal Law in Domestic Violence Law and Policy” as a work-in-progress for the University of Cincinnati College of Law faculty in April 2009.

Professor Bailey will present the same work-in-progress at the Law and Society Association Annual Meeting in Denver in May 2009.

William Birdthistle served as counsel of record for an amicus brief on behalf of law professors in support of the petitioners in Jones v. Harris Associates, a mutual-fund fees case. The U.S. Supreme Court granted certiorari on March 9, 2009.

On April 8, 2009, the Eighth Circuit, in Gallus v. Ameriprise Financial, cited Professor Birdthistle’s article, Compensating Power: An Analysis of Rents and Rewards in the Mutual Fund Industry, 80 Tul. L. Rev. 1401 (2006).

Evelyn Brody spoke on the “View from the U.S.: Is the ‘Commerciality Doctrine’ Replacing the Related-Business Test?,” as part of a panel on Border Patrol Issues – Free Trade for All?, at the Modernising Charity Law Conference, Queensland University of Technology, Australian Centre for Philanthropy and Nonprofit Studies in Brisbane, Australia in April 2009.

In February 2009, she spoke to the Chicago-Kent Board of Overseers about the American Law Institute’s project on Principles of the Law of Nonprofit Organizations, for which she is reporter.  In March, she submitted Chapter 4 (Gifts) to be presented as Tentative Draft No. 2 (2009), for consideration by the ALI members at the Annual Meeting on May 20, 2009.  Meanwhile, she discussed Chapter 1 (Relationship Between Charities and the State) and Chapter 6 (Supervision and Enforcement), as Preliminary Draft No. 5 with the project’s Advisors and Members Consultative Group in March 2009.

In January 2009 Professor Brody finished her one-year term as Chair of the Nonprofit and Philanthropy Law Section, Association of American Law Schools (AALS). She is now serving as Immediate Past Chair and Executive Committee member.  She organized the program, on “New Issues in Nonprofit Law,” for the Section meeting at the AALS Annual Meeting in Washington, DC in January 2009.

Professor Brody is co-organizer of the seminar series “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. She also made a presentation on “Legal and Governance Issues: Is Bankruptcy an Option?,” at the Seminar on “Charities’ Responses to Financial Distress: Options and Obstacles” in Washington, DC in January 2009.

With her co-author, John Tyler, (general counsel of the Ewing Marion Kauffman Foundation), Professor Brody presented “Respecting Private Foundation Autonomy: How Public Is Private Philanthropy?” at the Nonprofit Forum in New York City in February 2009.

At the 37th Annual Conference of the Association for Research on Nonprofit Organizations and Voluntary Action held in Philadelphia in November 2008, Professor Brody organized and moderated a colloquy on “The Barnes Foundation and Trust Law,” and presented “Governing the U.S. Nonprofit Organization: Accommodating Autonomy in Organizational Law” as part of a panel on “Some Legal and Financial Implications of Blurred Sectoral Boundaries.”

Daniel Coyne was named a Fellow of the American Bar Foundation in January 2009. Also in January he was appointed to the Advisory Board for the Roderick MacArthur Justice Center/ABA Study of the Cook County Public Defender’s Office.

In February 2009 Professor Coyne provided commentary to the Chicago Daily Law Bulletin regarding the selection process of the Cook County Public Defender. He was also interviewed on-camera by NBC/WMAQ about subpoenaed documents and spousal privilege in the ongoing investigation of Patti Blagojevich.

In March 2009 he moderated a Continuing Legal Education program at Chicago-Kent dealing with the issues of mentally ill individuals in the criminal justice system. His letter calling for the appointment of an independent merit commission for the selection of the next Cook County Public Defender was published in the Chicago Daily Law Bulletin on March 5, 2009.

Professor Coyne also chaired a Bond Court Stakeholders meeting on behalf of the Chicago Council of Lawyers. The meeting focused on before/after analysis of bond court since the Dec 15, 2008 termination of video conferencing. Additional discussion was had regarding the creation of diversion programs available at bond court for young non-violent offenders.

Professor Coyne has been advanced from Associate Professor of Clinical Practice to Clinical Professor of Law.

David Gerber is one of four professors from the US, Europe and Israel sponsoring a research project on competition law in developing countries. He participated in the second colloquium in this project in Munich, Germany, in January 2009.

In February, Professor Gerber gave a lecture to top competition law officials from the US, Europe and other countries on “Competition Law in Times of Economic Crisis: Contexts and Factors.” The lecture was presented at a conference on the global economic crisis held in Paris, France and sponsored by the Organization for Economic Cooperation and Development (OECD).

Later in February he gave a talk on “Private Enforcement of Competition Law: The Role of Economics,” at a conference on the private enforcement of antitrust law in the US and Europe. The conference was sponsored by the George Washington University Competition Law Center in Washington, DC.

Sanford Greenberg made a presentation on Parallel Structure at the Rocky Mountain Legal Writing Conference at Sandra Day O’Connor College of Law, Arizona State Univsersity in Tempe in March 2009.

Steven Heyman was named to the Board of Advisors of the Chicago Lawyers Chapter of the American Constitution Society in April 2009. Earlier this semester, he gave lectures about his book Free Speech and Human Dignity (Yale University Press 2008) to the Chicago Lawyers Chapter as well as to the Chicago-Kent Chapter of the ACS.

Martin Malin spoke on “The Employee Free Choice Act: What It Means to Employers, What It Means for Unions,” at the Illinois Institute of Continuing Legal Education Annual Labor and Employment Law Update conference in March 2009.

In April 2009, he presented “The Canadian Auto Workers – Magna, International Framework of Fairness Agreement: A U.S. Perspective,” at a symposium on Competition in the Global Workplace at Saint Louis University School of Law.

Professor Malin presented the Third Annual William Stewart Lecture in Labor Law at Indiana University School of Law-Bloomington in April 2009. His paper, “The Paradox in Public Sector Labor Law,” will be published later this year in the Indiana Law Journal.

On April 30, 2009, he will speak on “The Evolving Role of Arbitrators and Parties,” at the Wisconsin Employment Relations Commission’s annual conference on Wisconsin public sector labor relations.

Nancy Marder will speak at a faculty seminar on May 27, 2009 at Kenyon College in Gambier, Ohio as part of the faculty’s exploration of “Media Law: Media’s Impact Upon Law and Representations of Law in Media.”  Her topic will be the movie “12 Angry Men.”

On May 29, 2009, Professor Marder will present her paper “Judging Judge Judy” as part of a panel on “Lawyers in Your Living Room: Lawyers in Non-Legal Television Shows and the Judge Judy Phenomenon” at the Law and Society Annual Meeting in Denver. Professor Marder will also chair and serve as a discussant for another Annual Meeting panel entitled “Lawyers in Your Living Room: Dramatic Legal Television Shows Past and Present.”

In January 2009, Professor Marder was invited and agreed to serve as a member of the Special Chicago Bar Association Committee on Judicial Campaign Finance Reform.

Henry Perritt led a discussion of the American Constitutional Society on nationbuilding in Kosovo. Brad Loberg, Chicago-Kent Class of 2007, moderated the discussion.

Professor Perritt was interviewed on WGN Radio about his musical, “You Took Away My Flag: a Musical About Kosovo,” which is scheduled to open on June 12, 2009 at the Strawdog Theatre. Bruce Wolf, Chicago-Kent Class of 1981 was the interviewer.

César Rosado Marzán presented a paper, “As Chilean as a Colchagua Carmenere: Labor Law Enforcement in Chile After the US-Chile Free Trade Agreement,” at the Saint Louis University School of Law’s Competition in the Global Workplace Law Symposium held on April 3, 2009. The paper will also be published by the Saint Louis University Law Journal.

Dan Tarlock gave an invited presentation on “Why Are We Gridlocked on the Missouri?” at the Open Session of the National Research Council Meeting of the Committee on Missouri River Recovery and Sediment Management Issues in Omaha in January 2009.

In February, Professor Tarlock presented a paper, “The Role of the International Joint Commission in the Evolution of the 2008 Great Lakes Water Compact,” at The Boundary Waters Treaty Centennial at Wayne State University in Detroit. The paper will be published in The Wayne Law Review.

Also in February, he was a participant on the “Hot Topics” panel at the American Bar Association Annual Water Law Conference in San Diego.

“The Reclamation of 1902 and the Bay-Delta” was Professor Tarlock’s topic for a seminar presentation at University of California, Davis in February 2009.

He was Co-convener and a presenter at the Conference on the Future of Environmental Law at Washington University School of Law in St. Louis in March 2009. The conference papers will be published in Washington University Journal of Law and Policy in 2010.

Richard Wright presented 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.