Monthly Archives: August 2009

Research in Progress – August 2009

Steven Heyman is currently at work on a study of the First Amendment jurisprudence of Justice Oliver Wendell Holmes.

Nancy Marder completed her article, The Conundrum of Cameras in the Courtroom. She also completed her chapter, Instructing the Jury, for The Oxford Handbook of Language and Law.

Professor Marder is now writing an article with the working title, “Theories of Juror Bias, Voir Dire and Jury Decision-making.”

Richard Warner received a contract from Chapman and Hall/CRC to write a co-authored book, Unauthorized Access: The Crisis in Online Privacy and Security. His co-author is Robert Sloan, Head of the Computer Science Department at University of Illinois-Chicago. The plan is to explain law to computer scientists and computer science to lawyers.

Publications – August 2009

Lori Andrews published an article in the May issue of Playboymagazine entitled, Who’s Your Daddy?: A Sperm Donor’s Life Has Become Awfully Complicated.

She also contributed a chapter, Assessing Values to Set Policies for Consent, Storage, and use of Tissue and Information in Biobanks, to Kris Dierickx and Pascal Barry eds., New Challenges for Biobanks: Ethics, Law and Governance (Intersentia Uitgeverij Nv, forthcoming 2010).

William Birdthistle wrote amicus briefs as Counsel of Record in two cases:

Brief of Amici Curiae Law Professors in Support of Petitioners (June 15, 2009), Jones v. Harris Associates L.P., 129 S. Ct. 1579 (U.S. 2009).

Brief of Amici Curiae Law Professors in Support of the Petition for Rehearing En Banc (March 18, 2009), Hecker v. Deere & Co., 556 F.3d 575 (7th Cir. 2009).

Professor Birdthistle reviewed two books:

Portfolio of Eloquence, Wall Street Journal, June 22, 2009, at A13 (reviewing Frank O’Connor, The Best of Frank O’Connor (Julian Barnes ed.)).

In Search of the Classic Irish Pub, Wall Street Journal, March 14, 2009, at W9 (reviewing Bill Barich, A Pint of Plain (2009)).

Steven Harris’s chapter on The Cape Town Convention on International Interests in Mobile Equipment appears in Hawkland’s Uniform Commercial Code Series (Thomson/West).

Nancy Marder’s chapter, Judging Judge Judy, was published in Lawyers in Your Living Room!  Law on Television (Michael Asimow ed., American Bar Association, 2009).

Professor Marder’s symposium piece, Jury Reform:  The Impossible Dream?, was published in 5 Tenn. J.L. & Pol’y 149 (2009).

Professor Marder’s symposium piece, From “Practical Obscurity” to Web Disclosure:  A New Understanding of Public Information, was published in 59 Syracuse. L. Rev. 441 (2009).

Professor Marder’s article, The Myth of the Nullifying Jury, which was originally published in 93 Nw. U.L. Rev. 877 (1999), was just reprinted in The Right to a Fair Trial (Thom Brooks ed., 2009), a new volume in the series entitled The International Library of Essays on Rights.

Henry Perritt’s second book on Kosovo, Independence for Kosovo: Chronicle of the Ahtisaari Plan, is scheduled for release by Cambridge University Press in October 2009.

David Rudstein just submitted the manuscript for the 2009-10 update to his treatise, Criminal Constitutional Law (LexisNexis) (with D. Thomas & C.P. Erlander).  It incorporates decisions from the Supreme Court’s 2008-09 term as well as state and lower federal court decisions.

Christopher Schmidt has published Listening to History? Parents Involved, Brown, and the Colorblind Constitution, The Legal Workshop (April 30, 2009).

Ronald Staudt’s article, All the Wild Possibiities: Technology That Attacks Barriers to Access to Justice, has been accepted for publication and will be published in the Loyola Los Angeles Law Review this fall.

Joan Steinman co-authored the 2009 Supplement to Appellate Courts: Structures, Functions, Processes, and Personnel (2d ed.), which was published this Summer. In addition, Professor Steinman completed work on Volumes 14B and C of the Wright and Miller Federal Practice and Procedure treatise, and the new volumes should be delivered to subscribers in September 2009. She currently is working on the 2010 Pocket Parts for these volumes.

Keith Ann Stiverson was responsible for revising chapter 13, Administrative Law in the recently published 9th edition of Roy Mersky and Don Dunn’s Fundamentals of Legal Research.

Dan Tarlock has published Water Resource Management (with Professors David Getches, James Corbridge and Reed Benson, 6th ed., Thomson/West, 2009).

Professor Tarlock has recently published three articles:

Fat and Fried: Linking Land Use Law, the Risks of Obesity, and Climate Change, 3 Pittsburgh J. Envtl. And Public Health L. 31 (2009).

The International Joint Commission and Great Lakes Diversions: Indirectly Extending the Reach of the Boundary Waters Treaty, 54 Wayne State L. Rev. 1661 (2009).

Water Security, Fear Mitigation and International Water Law,

31 Hamline L. Rev. 703 (2008)[published 2009].

The 2009 Release for Law of Water Rights and Resources has been published.

Professor Tarlock has written the Introduction to 2009- 2010 Land Use and Environmental Law Review.The Review is an annual anthology of the best law review articles, published by Thomson/West.

Richard Wright has agreed to write reviews of Professor Michael Moore’s book, Causation and Responsibility: An Essay in Law, Morals, and Metaphysics (Oxford University Press 2009), for the Texas Law Review and the Journal of Law and Society.

Faculty Activities – August 2009

Lori Andrews presented a paper, “Biobanks: New Challenges for Human Rights,” at an international conference on biobanks in Leuven, Belgium in May 2009.

At the end of June Professor Andrews presented a talk on direct-to-consumer advertising about genetic tests at a March of Dimes-sponsored press conference in New York to reporters from The New York Times, various magazines, CBS, ABC, and other media outlets.

Professor Andrews also gave a speech on gene patents in July 2009 at the American Bar Association’s Annual Meeting.

William Birdthistle was named a Searle-Kauffman Fellow on Law, Innovation, and Growth for 2009-2010, with invitations to attend three Searle-Kauffman Institutes: the first in Chicago in October 2009; the second in Captiva, Florida in January 2010, and the third in Orange, California in March 2010. The purpose of the Institutes, sponsored by Northwestern Law School’s Searle Center on Law, Regulation, and Growth, is to identify and help scholars interested in research on issues related to the institutions of economic growth.

Professor Birdthistle has been invited to speak at an Institute for Law and Economic Policy symposium on securities regulation and its reform, which will take place in April 2010 in the Turks & Caicos Islands.

He has been invited to speak at the Program in Law and Business Policy at the University of Illinois College of Law in September 2009 on his forthcoming Illinois Law Review article, Investment Indiscipline. The article has also been accepted for paper presentations at the Canadian Law and Economics Association in Toronto and at the Risk Management Conference at Loyola University Chicago, both in October 2009.

Professor Birdthistle was a recent speaker at a roundtable on corporate governance at the Searle Center for Corporate Governance at Northwestern. Other recent talks at Case Western Reserve University School of Law, Morningstar Fund Research Department, and the Chicago Bar Association were about Jones v. Harris Associates, a mutual fund fees case pending at the U.S. Supreme Court for which Professor Birdthistle wrote one of the amicus briefs.

He was recently quoted in the New York Times and Wall Street Journal on Jones v. Harris Associates.

Christopher Buccafusco has received grants from the University of Virginia Law School and the John Olin Foundation for a research project entitled “Valuing Intellectual Property: An Experiment” (with Chris Sprigman).

He organized and chaired a panel on “Happiness and the Law” at the 2009 Law and Society Association Annual Meeting.

Professor Buccafusco presented “Reason and Emotion in Juror Decision-Making: Perspectives from the Neuroscience of Empathy” at the Big 10 Aspiring Scholars Conference in August 2009 at the University of Illinois.

He presented “Valuing Intellectual Property: An Experiment” with Chris Sprigman at the Intellectual Property Scholars Conference at Cardozo School of Law in August 2009.

Daniel Coyne was an invited participant to a meeting with Chicago Police Department Deputy Superintendent Peter Brust and Independent Police Review Authority Administrator Ilana Rosenweig to discuss professionalism and the Chicago Police Department in April 2009. Professor Coyne was also an invited participant to the Cook County Circuit Court Mental Health Court Working Group. The group assessed progress to date with alternatives to re-incarceration and reviewed plans for program expansion. In May 2009, Professor Coyne was moderator of a Police Accountability Forum, a CLE sponsored by Chicago Appleseed Fund for Justice, American Constitution Society, Lawyers Committee for Civil Rights Under Law, and Chicago Council of Lawyers. Other Forum participants included Deputy Superintendent of Police Peter Brust and Independent Police Review Authority Administrator Ilana Rosenweig.

He was an invited speaker at the American Bar Foundation Summer Fellowship Program in July 2009. He spoke to the Summer fellows about the Cook County Criminal Justice System. He participated in a Career Day Presentation at Gordon Tech High School in April 2009.

In April and May he was interviewed on-camera with Fox News regarding a Cook County family law attorney who was held in contempt and incarcerated overnight in the Cook County Jail, by the Associated Press regarding prejudicial venues and juror fairness issues in the upcoming trial of an Oakland BART police officer charged with the murder of an in-custody defendant, and by the Chicago Daily Law Bulletin regarding background and accomplishments of Chicago-Kent student and Fleischman Award winner Jonathan Rhodes. Also in April, he provided a 90-minute interview to WBEZ/NPR reporter Tony Arnold. The topic was the Cook County Criminal Justice System and Bond Court.

In July 2009, he was interviewed on camera by ABC News regarding the guilty plea entered by Brian Dugan in the Jeanine Nicarico murder case in DuPage County. The interview focused on death penalty jury procedures. Also in July, he provided an interview to the Associated Press regarding the upcoming capital trial of James Degorski. Professor Coyne discussed matters relating to collateral estoppel and res judicata.

Professor Coyne provided an interview and legal analysis to the Chicago Tribune regarding the doctrine of transferred intent in first-degree murder cases. The case in issue was People v. Jason Range wherein the defendant is alleged to have attacked his wife while she was holding her child, resulting in the child falling from the victim’s arms and dying due to a fall from the third floor.

Douglas Godfrey was one of the three Chicago-Kent faculty who presented a five day program in Mexico City to the law faculty of Tec de Monterrey, one of the leading Mexican law schools. Under a grant from the State Department, Chicago-Kent is helping the faculty in Mexico prepare to teach its students and lawyers to conduct oral trials. Mexico recently amended its constitution to have oral trials in public court replace the current regime of written trials that consist of written witness statements and written exhibits.

Professor Godfrey has presented, or will present, at the following conferences:

The Rocky Mountain Legal Writing Conference, hosted by Arizona State University, in March 2009, where he discussed why a less formal model of the legal memo should be taught to students.

A conference on Children as Witnesses, hosted by Widener University in April 2009, where he criticized the prevailing protocols for interviewing children.

The Southeastern Regional Legal Writing Conference, hosted by Stetson University, September 11-12 2009. where he will discuss how the traditional office memo is becoming irrelevant in practice.

The Central Region Legal Writing Conference, hosted by Marquette University, October 9-10 2009. where he will discuss how to teach and assess informal presentations by law students.

Philip Hablutzel served as an Arbitrator at the Willem Vis International Commercial Arbitration Moot in Vienna in April 2009.

Professor Hablutzel began a one-year term as Chair of the Illinois State Bar Association’s Section of Corporation, Securities and Business Law in June 2009.

He is now in his fifth year as a Public Member of the Business Conduct Committee of the Chicago Board Options Exchange.  This BCC group processes the cases of rule violations and discipline at the Exchange.

In mid-September, Professor Hablutzel will chair the twenty-first annual business corporation seminar at the Chicago Bar Association: “How to Form an Illinois Business Entity:  Corporation and its Alternatives.”  He founded this annual seminar twenty-two years ago.

Steven Harris continues to be active in the reform of commercial law both nationally and internationally. As Reporter to the Joint Review Committee on Uniform Commercial Code Article 9, he attended the Annual Meeting of the Uniform Law Commission in Santa Fe, New Mexico, in July 2009, where he explained the statutory amendments under consideration by the Committee.

As Commercial Law Coordinator for the United States UNIDROIT delegation with respect to the Cape Town Convention on International Interests in Mobile Equipment, he attended a meeting of a subcommittee of the Steering Committee for the proposed Protocol on Space Assets in Paris, France, in May 2009.

Steven Heyman was recently appointed to the Board of Advisors of the Chicago Lawyers Chapter of the American Constitution Society. In July, he joined several other prominent area lawyers as a panelist for the ACS chapter’s annual Supreme Court review.

Nancy Marder presented her paper “Judging Judge Judy” as part of a panel, Lawyers in Your Living Room!  Law on Television, at the Annual Meeting of the American Bar Association in Chicago in July 2009.

Professor Marder will present a paper as part of the UIC/Chicago-Kent Colloquium to be held on October 21, 2009 at UIC. Other presenters include Mark Rosen (Chicago-Kent), Stephen Englemann (UIC), and Bette Bottoms (UIC).

In June 2009, Professor Marder served as a peer reviewer for the journal Law, Culture & the Humanities.

As of September 1, 2009, a court rule change that Professor Marder initiated will take effect in Illinois. Illinois trial court judges will be required to give every juror an individual written copy of the jury instructions so that jurors can read the instructions as they are being read aloud by the judge and can take their individual written copy of the instructions into the jury room so that they can consult the written instructions during the deliberations. Other states that have adopted this practice of providing individual written copies of the jury instructions have found that it helps jurors to understand and follow the instructions.

Henry Perritt’s “You Took Away My Flag: a Musical About Kosovo,” played to four sold-out houses at Strawdog Theatre in June 2009. He has lined up an experienced director and music director to remount it in Chicago for a longer run in the Spring of 2010. An independent film company is working on a movie of the story underlying the musical.

Christopher Schmidt presented “Governing Baseball: A History of the Relationship between Government and Major League Baseball,” at the Chicago Seminar on Sport and Culture at Newberry Library in May 2009.

Professor Schmidt has been appointed Associate Editor of Law & Social Inquiry. He has been reappointed as a Visiting Scholar, American Bar Foundation (2009-2010).

David Schwartz served on a panel, “Patent Reform Act of 2009: A Fresh Look?” at the ABA Annual Meeting in July 2009.

On August 7, 2009, Professor Schwartz spoke at the Intellectual Property Scholars Conference at Cardozo School of Law. His topic was “Markman: The Lost Opportunity.”

Ronald Staudt gave two presentations on panels in Orlando at the ABA Equal Justice Conference in May 2009, ” Not Just a Pretty Interface: A2J Author ® is Changing How We Achieve Justice through Technology” and “Partnerships Between Courts, Law Schools, and Legal Aid.”

He presented a workshop at the Canadian Council of Administrative Tribunals Annual Meeting in Halifax, Nova Scotia, on “Technology for Self-Represented Parties: Bridging the Digital Divide Facing Self-Represented Customers” in June 2009.

Professor Staudt gave an invited keynote presentation at the biannual Artificial Intelligence and Law Conference in Barcelona, Spain in June 2009. His topic was “Access to Justice and Technology: Law Students, Legal Aid and Courts.”

He will be the Conference Chairperson for “Knowledge Management for the Legal Profession: Creating Value for Your Firm by Integrating, Optimizing and Leveraging Your Knowledge Assets, Tools and Techniques in Support of Explicit Business Goals.” The Conference will be held in New York on October 21-22, 2009.

Joan Steinman has been invited to participate in panel discussions of reform of the Supreme Court and the design of appellate mechanisms at the Southeastern Association of Law Schools annual meeting in the Summer of 2010.

Keith Ann Stiverson attended the annual meeting of the American Association of Law Libraries in Washington, DC, where she was a speaker on the introductory panel at a workshop, ” The Academic Law Library of 2015: Predicting the Future and Making It Happen.” Keith also was a speaker at a program with Ric Davis, the Acting Superintendent of Documents, that examined the pros and cons of being a federal depository library as the federal FDLP Program changes from print to electronic materials. She also spoke as outgoing chair of the AALL Copyright Committee at the Annual Legislative and Regulatory Update, to report on the Committee’s activities during the past year.

Keith is the incoming chair of the Legal Information Preservation Alliance (LIPA), an organization of more than 100 academic and state law libraries and other organizations concerned with the preservation of born-digital and print legal information.

Dan Tarlock was a speaker at the Future of Water for Food Conference at University of Nebraska in Lincoln on May 2009.

He gave a Power Point presentation, “The Role of Environmental Law in Modifying Individual Energy Consumption Patterns,” at the Conference on the Moral Economy, sponsored by Quaker Action Committee on the Environment in Montreal in May 2009.

Professor Tarlock delivered a paper, “Water. Energy, and the Obama Administration’s Search for Energy Independence,” at the Critical Intersections for Energy & Water Law: New Challenges & Opportunities Conference, at University of Calgary in May 2009. His paper will be published with the Conference papers.

He was a luncheon speaker at Water Rights and the Future of Agriculture, a Farm Foundation Roundtable, in Sacramento in June 2009. His topic was “Legal Issues of Water.”

He taught a block on the relationship between domestic and international water law at the University of Dundee Centre for Water Law, Policy and Science’s Masters and PhD water law course in Dundee, Scotland, in July 2009.

Professor Tarlock was the lead speaker at the Seminar on Land Use Law and Climate Change at The Technion in Haifa, Israel, in July 2009

Richard Wright was the featured speaker at the Nordic Tort Experience conference in May 2009 at the University of Oslo in Norway, which brought together leading tort scholars from the Nordic countries. He was the keynote speaker for a session on “The NESS Theory from a Nordic Perspective.” (The NESS theory is a theory of natural causation, developed by Professor Wright, which has gained wide acceptance by legal theorists around the world.) He also presented lectures on “The Concepts of Reasonableness and Negligence Employed in Law and Life” and “The Relationship of Theories of Distributive and Corrective Justice to Tort Liability in the Nordic Welfare State.”

In June 2009, Professor Wright delivered four lectures at the Department of Private Law at the University of Palermo in Sicily: “An Overview of Tort Law and Practice in the United States,” “The Functions of Tort Law,” “The Principles of Product Liability,” and “Causation, Statistics, and Burdens of Proof.” Revised versions of the first and third lectures will be translated into Italian and published in a collection of lectures on private law.

Also in June 2009, Professor Wright presented two papers at an international conference on Perspectives on Causation at the University of Aberdeen in Scotland: “The NESS Account of Natural Causation: a Response to Criticisms and a Formal MMTS Analysis” (co-authored by Professor Horacio Spector, Universidad Torcuato di Tella, Buenos Aires, Argentina) and “Statistical Probability, Individual Causation, and Burdens of Persuasion.” Both papers will be published with other papers from the conference by Hart Publishing.

Professor Wright has agreed to participate as a leading speaker at the International Obligations V Conference at the University of Oxford in July 2010. The Conference theme is “Rights and Private Law.”