Monthly Archives: November 2009

Publications – November 2009

Christopher Buccafusco’s article, Well-Being Analysis is forthcoming in the Georgetown L.J. (with John Bronsteen and Jonathan Masur).

Howard Eglit’s article, Age Bias in the American Workplace – An Overview, was published in 3 J. Int’l Aging, L. & Pol’y (2009). The Journal is published jointly by Stetson University College of Law and AARP (formerly American Association of Retired Persons).

Harold Krent published a review essay in 25 Const. Comment. 489 (2009) entitled The Sometimes Unitary Executive: Presidential Practice Throughout History.

Martin Malin’s article, The Paradox of Public Sector Labor Law, was published at 84 Ind. L.J. 1369 (2009).

Nancy Marder’s review of William Domnarski’s Federal Judges Revealed (Oxford University Press, 2009) will appear in Am. J. Legal Hist. (forthcoming 2010).

Professor Marder’s article Jurors in Illinois Should Have the Right to Submit Questions to be Answered by Witnesses (with Bruce R. Pfaff and John M. Stalmack), which was originally published in the CBA Record (May 2009), will be reprinted in Voir Dire in 2010.

Sheldon Nahmod finished the 2009 Update to his treatise, Civil Rights and Civil Liberties Litigation: The Law of Section 1983 (4th ed., Thomson/West, 1997-).

He finished the 3rd edition of his casebook (with Wells and Eaton), Constitutional Torts (3rd ed., LexisNexis, 2009).

Professor Nahmod submitted his article, Constitutional Torts, Over-Deterrence and Supervisory Liability after Iqbal, to Lewis & Clark L. Rev., to be published in March 2010. This article is downloadable from Professor Nahmod’s blog, Nahmod Law.

Henry Perritt’s second book on Kosovo, The Road to Independence for Kosovo: Chronicle of the Ahtisaari Plan, was released by Cambridge University Press.

Keith Ann Stiverson reviewed Copyright Law Deskbook by Robert W. Clarida (BNA Books, 2009) for the AALL Spectrum Blog.

Her chapter on administrative law research in the 9th edition of Roy Mersky’s Fundamentals of Legal Research will be published as an appendix to both Wright & Miller’s Federal Practice and Procedure and Koch’s Administrative Law and Practice.

Richard Warner’s book, Unauthorized Access: The Crisis in Online Privacy and Information Security, Chapman and Hall/CRC, is forthcoming in 2010 (with Robert Sloan, Head of Computer Science, UIC).

Professor Warner’s article, Austin, J. L., in Hugh LaFollette (ed.) Wiley-Blackwell’s International Encyclopedia of Ethics, is forthcoming in 2011.

Richard Wright’s article, Proving Facts: Belief versus Probability, which discusses burdens of persuasion in civil cases in the civil law and the common law, has been published in European Tort Law 2008 (Springer, Vienna/New York, 2009).

Faculty Activities – November 2009

Kimberly Bailey was invited to speak at the Perspectives on Justice Symposium at University of South Carolina School of Law on October 30, 2009. Her topic was “There Is a Stranger in My House: Re-Examining the Criminal Justice System’s ‘Political’ Treatment of ‘Private’ Violence.”

William Birdthistle will host a scholarly roundtable on mutual funds with Tamar Frankel at Boston University School of Law on December 4, 2009.

Professor Birdthistle has been invited to give talks on business law at the Supreme Court by: Association of American Law Schools Securities Law Committee, New Orleans, January 2010; Chicago Bar Association, Futures & Derivatives Committee, November 17, 2009; and Chicago Bar Association, Securities Law Committee, February 18, 2010.

He has been invited to discuss William Trevor and Irish literature at Harper College on Friday, November 6, 2009.

Professor Birdthistle was interviewed recently by a number of news media on the topic of excessive fees in mutual funds and the role of the judiciary in reviewing financial legislation. These included:

Marketplace: Reporter Steve Henn spoke with Professor Birdthistle in broadcasts on October 30 and November 1.

Morningstar: He participated in a video debate regarding mutual fund fees and Jones v. Harris with Professor John Coates, moderated by Morningstar analyst, Ryan Leggio, on Friday, October 30.

FirstBusiness: A television interview with Tom Hudson will be broadcast on November 7, 2009.

Professor Birdthistle was quoted in news articles articles discussing the November 2 Jones v. Harris oral argument, including Washington Post, New York Times, Los Angeles Times, Chicago Tribune, and other industry publications.

Christopher Buccafusco gave three talks in October 2009:

“Spiritualism, Realism, and Wills in the Age of Contract,” at the first annual Villanova Symposium on Law, Literature, and Religion in October.

“Neuroscience, Reason, and Empathy in Juror Decision-Making” at the Society for Neuroscience Annual Conference in Chicago in October.

“Well-Being Analysis” at the Midwest Law and Economics Conference at University of Notre Dame Law School in October (with Jonathan Masur).

Daniel Coyne is an invited presenter at a Thresholds Psychiatric Rehabilitation Center program on November 11, 2009, which will cover an overview of the Criminal Division of the Circuit Court of Cook County, fitness for trial issues, and the affirmative defense of insanity.

In September 2009, Professor Coyne was an invited speaker at the Chicago Police Academy. He conducted training on professionalism and ethics for a police recruit class. Also in September he participated in a presentation by Circuit Court Judge Rosemary Higgins to Chicago-Kent Criminal Litigation Program externs.

He submitted a proposal to the Chief Judge of the Circuit Court of Cook County for reorganization of the Criminal Division of the Circuit Court. The new structure would include diversion/deferral, felony intake, pre-trial services, and enhanced misdemeanor sections. The proposal will streamline case management and provide more efficient and effective problem-solving approaches. He was interviewed by NPR/WBEZ in September 2009 regarding the proposal. Also in September, he was quoted extensively in a feature article published in the Chicago Daily Law Bulletin titled “Chicago Council of Lawyers Marks 40 Years of Service.”

In October 2009, Professor Coyne presided over the annual meeting of the Chicago Council of Lawyers. He presented the Commitment to Justice Award to Chief Judge Timothy Evans of the Circuit Court of Cook County. This concluded his two-year term as President of the Council. He serves as co-chair of the Criminal Justice Committee of the Council. Also in October he was an invited participant in a meeting with Chief Judge Timothy Evans and Circuit Court Judge Robert Bastone regarding the reorganization of the Criminal Division of the Circuit Court of Cook County.

He was interviewed by Megan Budde of the Chicago School of Professional Psychology, Department of Forensic Psychology, regarding the interaction between mental health professionals, the criminal justice system and sex offenders in October 2009.

Professor Coyne has been interviewed by the news media several times in the last few months.

In August 2009 his comments regarding the James Degorski/Brown’s Chicken case appeared in the Daily Herald. He also provided legal analysis to Chicago Tribune editor Matthew O’Connor regarding the elements of the criminal offenses of assault and battery following the actions of a Chicago Cubs fan who showered Philadelphia Phillies outfielder Shane Victorino with beer while he was attempting to catch a deep fly ball.

In October 2009, Professor Coyne provided a background interview to the Chicago Tribune regarding the Illinois Sexually Violent Persons Commitment Act and the Illinois Mental Health Code.

Elizabeth De Armond helped to present a session entitled “Ethical Issues in Consumer Law Practices” at the National Consumer Law Center’s Consumer Rights Litigation Conference in Philadelphia, Pennsylvania in October 2009.

Howard Eglit presented a talk on law and aging to the faculty at Stetson University College of Law in March 2009. While at Stetson, he videotaped a session for inclusion in a graduate level program on Law and Aging offered through a distance learning effort by Stetson and also taught a course for Professor Rebecca Morgan’s class on Law and Aging.

Professor Eglit was invited to teach in DePaul University College of Law’s one-month program in Prague in July and August, 2009.  He taught a course on international labor law.

David Gerber was the principal commentator at a lecture on competition law in Europe. The lecturer was Bruno Lasserre, President of the French Competition Authority. The event was hosted by Baker and McKenzie in April 2009.

In May 2009, Professor Gerber gave a paper at a conference at the law faculty of the University of Haifa, Israel. The conference topic was US-European Antitrust Treatment of Dominant Firms. His paper is entitled: “The Antitrust Treatment of Dominant Firm Conduct: EU-US Convergence and the Institutional Embeddedness of Economics.”

In September 2009, he participated in a conference entitled “Methodological Approaches to Comparative Law” at Roger Williams University School of Law in Rhode Island. The conference was part of the Annual Meeting of the American Society of Comparative Law. Professor Gerber’s talk was entitled “Complex Adaptive Systems and the Trajectory of Comparative Law in the US.”

Douglas Godfrey will be part of a panel debating whether the traditional office memo is still an effective teaching device for first year law students at the Legal Writing Institute Biennial Conference in June 2010.

In December 2009, Professor Godfrey will speak about how to evaluate student presentations at the Colonial Frontier Legal Writing Conference at Duquesne Law School.

At the Central Region Legal Writing Conference at Marquette Law School in October 2009, he presented about how to teach students to give effective presentations.

At the Southeastern Legal Writing Conference at Stetson Law School in September 2009 his topic was why the traditional office memo will soon be obsolete.

At Tec de Monterrey in Mexico in summer 2009 Professor Godfrey planned and conducted a week-long trial advocacy training for Mexican law professors and judges. He will teach again at Tec de Monterrey in January 2010 with Judge David Erickson as they did last summer.

Richard Gonzalez recently appeared on the Chicago Bar Association’s cable television show “You and the Law” to discuss common mistakes made by employers in terminating employees.

Professor Gonzalez spoke at the October 2009 Practising Law Institute Annual Seminar on labor and employment law and will speak at Chicago-Kent’s November 13, 2009 Illinois Public Sector Labor Relations Conference.

Steven Harris is Reporter to the Joint Review Committee on Uniform Commercial Code Article 9. He participated in a meeting of the Committee in Minneapolis in August 2009 and appeared before the Council of the American Law Institute to explain the proposed statutory amendments in New York in October 2009.

As Commercial Law Coordinator for the United States UNIDROIT delegation with respect to the Cape Town Convention on International Interests in Mobile Equipment, Professor Harris attended a meeting of a subcommittee on the international registration system for the proposed Protocol on Space Assets in Rome, Italy, in October 2009.

Edward Kraus presented “Fighting For Fairness: Ending Discrimination Against Workers and Students with Diabetes” at a CLE program in Atlanta in October 2009.  The program was sponsored by the American Diabetes Association. Professor Kraus was responsible for presenting an overview of federal anti-discrimination law and education laws and discussing hot legal issues involving students with diabetes and schools.

Professor Kraus was quoted extensively in a USA Today article about school children with diabetes on November 2, 2009.

Harold Krent spoke on “Models of Administrative Justice” before the bar associations of Hangzhou, Shanghai, and Beijing, and addressed the “Limited Decisional Independence of ALJs” at the national conference of the Association of Administrative Law Judges in Buffalo in October 2009.

Martin Malin was appointed by President Obama to serve on the Federal Service Impasses Panel.

The Panel resolves impasses between Federal agencies and unions representing Federal employees arising from negotiations over conditions of employment under the Federal Service Labor-Management Relations Statute and the Federal Employees Flexible and Compressed Work Schedules Act.

In April 2009, Professor Malin gave a talk entitled, “The Canadian Auto Workers – Magna International ‘Framework for Fairness’ Agreement: A U.S. Perspective,”  at a conference on Competition in the Global Workplace: The Role of Law in Economic Markets, at St. Louis University Law School.  An article by the same title will be published early next year in a special issue of the St. Louis University Law JournalCésar Rosado Marzán also spoke at the symposium.  His topic was, “As Chilean as a Colchagua Carmenere: Labor Law Enforcement in Chile after the U.S. – Chile Free Trade Agreement.”  His article will be published in the same issue of the law journal.

He served as Chair of the Program Committee for the National Academy of Arbitrators Annual Meeting in May 2009. At the meeting, he also moderated a panel on, “The Role of Labor Relations in Chicago’s Bid for the 2016 Olympics.”

In October 2009, Professor Malin spoke on “‘The Evolving Schizophrenic Nature of Labor Arbitration,” at a symposium on Creeping Legalism in Labor Arbitration at the University of Missouri-Columbia Law School. An article by the same title will be published next year in the University of Missouri Journal of Dispute Resolution.

Nancy Marder will present a paper at a panel entitled “‘Ah Got De Law in My Mouth’:  Black Women Writing Justice” at the Northeast Modern Language Association Annual Convention in Montreal in April 2010.

Professor Marder was re-appointed as a member of the American Judicature Society’s Carpenter Jury Center Advisory Committee and as the Professor/Reporter of the Illinois Supreme Court Committee on Jury Instructions – Civil.

Sheldon Nahmod began blogging weekly on section 1983, constitutional law, and teaching in August 2009. His blog, Nahmod Law, is at

Henry Perritt’s rock opera, “You Took Away My Flag: a Musical About Kosovo” will reopen for an 8-week run at Theatre Building Chicago on April 2, 2010. He, the Director, and the Music Director auditioned more than 50 very talented actors during the week of 12 October and selected a new cast, profiled on

Professor Perritt was interviewed on Vocalo radio in October 2009 about the musical and about his work in Bosnia and Kosovo.

César Rosado Marzán was recently invited to the join the Programme of Regulating Markets and Labour of the Swedish Council for Working Life and Social Research, to design and execute comparative and international labor and employment law research projects.

He also recently gave a presentation titled, “Of Absent Guardians and Imperfect Markets: How Chile’s ‘Guardianship’ Labor Law Model Protects Workers Less than the American ‘Market Failure’ Model” at the 4th Annual Colloquium: Current Scholarship in Labor & Employment Law at Seton Hall University Law School in Newark, NJ.

Professor Rosado Marzán’s article, Derecho laboral y organización sindical en Puerto Rico, 68 Revista a del Colegio de Abogados de Puerto Rico 124 (2007) was cited in a recent Puerto Rico Supreme Court dissenting opinión, Gonzalez Sotomayor v. Mayaguez Resort & Casino, No. CC-2007-723, 2009WL 2982680, at *15 n. 25 (TSPR Sept. 10, 2009).

David Schwartz has presented papers at several recent events and has one additional presentation scheduled.

On November 12, 2009, he will present his paper “Doctrinal Displacement at the Federal Circuit” at the Empirical Studies of Patent Litigation Roundtable. The Roundtable is sponsored by Northwestern University School of Law/The Searle Center.

On October 30, 2009, he presented his paper, “Pre-Markman Reversal Rates” at a symposium on the Federal Circuit as an Institution. The symposium was sponsored by Loyola Los Angeles Law School.

Professor Schwartz presented his paper “Doctrinal Displacement at the Federal Circuit” at the 2009 Midwestern Law and Economics Association Annual Meeting. The event was hosted by Notre Dame Law School in October 2009.

Also in October 2009, he spoke on “Patent Law Developments at the 25th Annual Institute on Intellectual Property Law,” a conference sponsored and organized by the Houston Intellectual Property Law Association and the University of Houston Law Center.

In September 2009, he presented his paper “Doctrinal Displacement at the Federal Circuit” at the Patent Scholarship Colloquium at Santa Clara University School of Law.

Keith Ann Stiverson was appointed to serve as the AALL observer to the Drafting Committee on Authentication and Preservation of State Electronic Legal Materials of the National Conference of Commissioners on Uniform State Laws (NCCUSL). At last July’s meeting, NCCUSL accepted the recommendation of its study committee to move forward on drafting an act that will provide guidance to states on authenticating and preserving electronic legal materials.

Dan Tarlock delivered a paper on “Energy Efficiency and Renewable Energies” at a conference on Town Planning Law organized by the Platform of Experts in Planning Law of the Dutch Institute of Building Law, at Technical University in Berlin, Germany in September 2009. The paper will be published in the book of conference proceedings.

Professor Tarlock delivered his paper, “Tribal Justice and Property Rights: The Evolution of Winters v. United States” at a conference, As If Equity Mattered: Land and Water Rights, at University of California, Berkeley, in October 2009. The paper will be published in the Natural Resources Journal.

He was appointed to the National Research Council Standing Committee to Advise U.S. Army Corps of Engineers on Strategic Planning.

Richard Warner is the Director of the School of American Law at the Polytechnic University of Lodz, Poland, a new program that will begin in 2010. He is its co-founder along with Anna Fornalczyk and Agnieszka Cenzartowicz. This joint effort with Chicago-Kent combines law, economics, and business in a program aimed at practicing lawyers and business people. It is fully self-funding.

Research in Progress – November 2009

Nancy Marder is working on an article examining the practice, allowed in some states but not in others, of permitting jurors to ask questions of witnesses. The focus will be on Illinois practice and what Illinois can learn from other states’ experiences.

Professor Marder is working on several other articles that she will present at conferences over the next few months. One piece is entitled “In the Absence of Law and Justice,” which will focus on the role law plays in three novels by three African-American women writers. A second piece is called Judging TV Reality Judges,which will be published as a chapter in a book called Law and Justice on the Small Screen (Peter Robson & Jessica Silbey, eds.).  A third piece is entitled “Theories of Juror Bias, Voir Dire, and Jury Decision-making,” which Professor Marder recently presented at a UIC-Chicago-Kent Colloquium, and which draws on studies in psychology and voir dire practice in federal court to examine if and how voir dire should be changed.

Richard Warner’s book, Enjoyment, Beauty, and Art, is close to completion. (with Sean Stidd and Steven Wagner).