Monthly Archives: February 2010

Faculty Activities – February 2010

Bernadette Atuahene presented a paper, “Financial Compensation for Massive Human Rights Violations: The Case of South Africa,” at the Regional Colloquium on Globalization of Law, International Organizations, and International Law hosted by Northwestern University and the American Bar Foundation in Evanston in September 2009.

On February 3, 2010 she presented a paper, “Property Rights and the Demands of Transformation,” at the UCLA Law School Critical Race Studies Colloquium.

In January 2010, Professor Atuahene was invited by Arianna Huffington to become a featured blogger on the Huffington Post. Since then she has published two blog entries:

Haiti: Has God Turned His Back on the Country?

We Need to Anticipate Terrorists, Not React to Them
Based on her Huffington Post blog post about the Nigerian terrorist, the BBC Radio program, World Have Your Say, invited her to participate in a one-hour show on January 5, 2010.

On Sunday, January 31, 2010, she appeared on the Rainbow Push sponsored talk show, International Sunday School Broadcast to speak about the Nigerian terrorist and Haiti. This show is regularly broadcast on Chicago Cable 25 on Sunday mornings.

Kimberly Bailey will present “Lost in Translation” as work-in-progress at the Southeast/Southwest People of Color Conference in Columbia, South Carolina on March 26, 2010.

William Birdthistle co-hosted a roundtable at Boston University entitled “Mutual Funds Under New Administration: Litigation and Regulation” in December 2009. The roundtable was attended by approximately 40 scholars and regulators.

In January 2010, he presented his paper, “Investment Indiscipline: A Behavioral Approach to Mutual Fund Jurisprudence,” at the Securities Regulation session at the Association of American Law Schools Annual Meeting in New Orleans.

Professor Birdthistle has been invited to make two presentations discussing the corporate cases on the Supreme Court’s docket this Term. He will speak at a Chicago Bar Association program on February 18 and at an event sponsored by the American Constitution Society on April 6.

Morningstar has invited Professor Birdthistle to debate Professor John Coates of Harvard Law School on the impact upon investors and shareholders of the decision in Jones v. Harris when the Supreme Court announces its ruling in that case later this Term.

He has also been invited to participate in a Searle-Kauffman Institute on Law, Innovation, and Growth at Chapman University School of Law in March 2010, and to participate in a conference, Protection of Investors in the Wake of the 2008-2009 Financial Crisis, hosted by the Institute for Law and Economic Policy in April 2010.

Evelyn Brody continued to work on the American Law Institute (ALI) project on Principles of the Law of Nonprofit Organizations, for which she is the Reporter. Professor Brody revised Chapter 4 (Gifts) into Tentative Draft No. 2 (2009), tentatively approved by the ALI membership at the Annual Meeting in Washington, DC, on May 20, 2009.  She revised Chapter 1 into Council Draft No. 6 for an October 2009 meeting with the ALI Council.

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 Chicago-Kent Law Review symposium, Philanthropy Law in the 21st Century. The symposium was sponsored by the American College of Trust and Estate Counsel Foundation in Chicago in October 2009. They also presented this paper, a revision of the monograph published by the Philanthropy Roundtable (see below), at the 38th Annual Conference of the Association for Research on Nonprofit Organizations and Voluntary Action, as part of a panel on “State Regulation of Charities: Legitimate Limits and Appropriate Oversight” in Cleveland in November 2009.

Professor Brody presented “All Charities Are Property-Tax Exempt, But Some Charities Are More Exempt than Others,” at the program on “Shades of Virtue: Measuring the Comparative Worthiness of Charities,” at the Annual Conference of the National Center on Philanthropy and the Law, New York University School of Law in New York City in October 2009. Professor Brody revised that paper for the New England Law Review’s symposium on Tax-Exempt Organizations and the State: New Conditions on Exempt Status, held at New England School of Law in Boston in February 2010.

Professor Brody participated as a panelist in a “Forum on Nonprofit Property Tax Exemptions and Municipal Finance” at the Graduate School of Public and International Affairs, University of Pittsburgh, in November 2009.

At the National Association of Attorneys General/National Association of State Charities Officials Annual Charitable Trusts and Solicitations Conference, “Charities in Troubled Times,” Professor Brody, along with Assistant Massachusetts Attorney General Eric Carriker, spoke about the “Application of Charitable Trust Law to Charitable Corporations” in Austin in October 2009.

She appeared as a panelist on “The Role of the Wisconsin Attorney General in Charity Oversight: A Review of Past Practice, Current Law, and Their Implications,” cosponsored by the Milwaukee Legal Initiative for Nonprofit Corporations, a public-service program of Marquette University Law School, and the Helen Bader Institute for Nonprofit Management at the University of Wisconsin–Milwaukee in Milwaukee in October 2009.

As co-organizer of 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, Professor Brody moderated “Investment Practices: How Much Donor Control is Too Much?,” at the Seminar on “Nonprofits in Financial Distress: Possible Regulatory Responses” in Washington, DC, in May 2009.

Christopher Buccafusco participated in a roundtable on “Emotions and the Law” at the Association of American Law Schools Annual Meeting in New Orleans in January 2010.

Daniel Coyne provided an interview to the Kankakee Daily Journal regarding theories and charges of first degree murder and intentional homicide of an unborn child in October 2009.

Professor Coyne is court-appointed counsel for Daniel McCormack, a former priest and convicted sex offender. On November 4, 2009, he argued a motion to seal the records and take testimony in a closed courtroom during a commitment hearing. The State is seeking to have McCormack confined to a treatment facility under the Sexually Violent Persons Commitment Act. Developments in the case before the Circuit Court of Cook County were reported in the Chicago Sun-Times, Chicago Tribune, NBC News and other media outlets.

In November 2009 he provided a broadcast interview for Mary Ann Ahern of NBC News regarding the impact of the pending U.S. Supreme Court arguments regarding the “honest services” doctrine as applied to the case of United States vs. Blagojevich.

Also in November 2009 Professor Coyne co-chaired a Bond Court Stakeholders Committee on behalf of the Chicago Appleseed Fund for Justice where the restructuring of the Cook County Criminal Justice system was discussed. As a result of a previously submitted proposal, plans are now underway to shift from a punitive model to a rehabilitative model for non-violent offenders, utilizing deferral and diversion programs. Following the meeting, Professor Coyne gave several interviews explaining the proposed changes to representatives of the news media.

In December 2009 he was interviewed by John Rooney for an article in the Chicago Daily Law Bulletin regarding the proposed restructuring of the Cook County Criminal Courts. On January 4, 2010 he was interviewed by Tony Arnold, WBEZ/NPR Radio regarding the anticipated changes in Bond Court and the pre-trial services division of the Adult Probation Department of the Cook County Circuit Court. On January 18 he provided an in-studio on-air interview on WBEZ/NPR’s 848 program regarding challenges in the existing bond court structure. Also he addressed issues with the pre-trial services division and diversion and deferral options for defendants in the criminal division.

Also in January, Professor Coyne was interviewed by Steven Schmadeke, Chicago Tribune, regarding a Motion to Seal Proceedings filed by attorneys representing Drew Peterson in Will County Circuit Court. The defendant was seeking to preclude publication of the proceedings involving a 115/10.6 motion to determine if certain hearsay statements would be admissible at trial.

David Gerber gave a public lecture at the University of Rome (La Sapienza) in January 2010. His talk was entitled “Living with the Lisbon Treaty: The Role (if any) of Social Market Economy Ideas and Experience.” A panel of Italian professors commented on the lecture, including Giuliano Amato (former prime minister of Italy and former vice-chair of the EU’s constitutional convention).

Also in January, Professor Gerber gave a presentation in Amsterdam at the Royal Netherlands Academy of Sciences. The Symposium was entitled “Methodology of Comparative Legal Research in Theory and Practice: An Approach from the Inside Out.” His presentation was entitled “Comparative Law Methods and Global Legal Convergence.” Papers from the conference are expected to be published next year.

While in the Netherlands, Professor Gerber traveled to The Hague to give a talk on his forthcoming book, Global Competition: Law, Markets and Globalization, to officials of the Netherlands Competition Authority.

Richard Gonzalez and Laurie Leader served as Executive Editors of the Second Supplement of BNA’s leading treatise, Employment Discrimination Law, which was published in January 2010. In March, they will conduct a web-based national seminar discussing the new publication and 2009’s most significant developments in employment law.

Robert Knowles will be an invited panelist at the Symposium on the International Criminal Court at Loyola University Chicago School of Law on February 26, 2010. His topic is “Guantanamo and the International Criminal Court.”

Harold Krent spoke at a symposium, What Change Will Come? The Obama Administration and the Future of the Administrative State, at the University of Miami School of Law in January 2010. His topic focused on new trends in the Obama administration.

Nancy Marder will chair a panel on “Television Judges and Judging” and present her paper entitled “Judging TV Reality Judges” on March 20, 2010 at the Annual Meeting of the Association for the Study of Law, Culture and the Humanities at Brown University in Providence, Rhode Island.

On March 26, 2010, Professor Marder will present her paper “The Conundrum of Cameras in the Courtroom” at a conference entitled “Justice, Media and Public:  Changing Public Perceptions in the New Media Landscape,” which will be held at the Research Institute for Law, Politics and Justice at Keele University in England.

Sheldon Nahmod spoke on “Recent Supreme Court Decisions on Section 1983” at a meeting of the New Mexico Defense Lawyers Association in Albuquerque in December 2009.

Professor Nahmod also spoke at a meeting of the Wisconsin Bar Association in Milwaukee in December 2009. His topic was “A Section 1983 Update.”
He continues to post weekly on his blog, Nahmod Law, writing on constitutional law, the First Amendment and Section 1983.

Henry Perritt’s musical, “You Took Away My Flag: a Musical About Kosovo,” is scheduled to begin rehearsals on March 1, 2010, and to open for an eight-week run at Theatre Building Chicago on April 2, 2010.

Professor Perritt spoke at two large dinners celebrating the second anniversary of Kosovo’s independence.

An interview with Professor Perritt was published in one of the leading newspapers in Iraqi Kurdistan.

César F. Rosado Marzán was invited to speak on labor law enforcement at a conference, “Transformation of Labour Law in Europe 1945-2004,” at Uppsala University Law School in Sweden in January 2010.

Professor Rosado Marzán, along with a team of six other international labor law scholars, obtained a research grant from the Swedish Council for Working Life and Social Research. The purpose of the grant is to create the Regulating Labour and Markets Programme, which will be based at Stockholm University. The group will focus on European and comparative labor law research.

He has been appointed to the Law and Society Association’s Graduate Student Workshop Committee for 2010.

David Schwartz presented his paper, “Doctrinal Displacement at the Federal Circuit,” at a workshop at the University of Illinois College of Law in January 2010.

Professor Schwartz had previously presented the paper at the Empirical Studies of Patent Litigation Roundtable in November 2009. The Roundtable is sponsored by Northwestern University School of Law’s Searle Center on Law, Regulation, and Economic Growth.

Christopher Seaman will present a paper on the future of Section 5 of the Voting Rights Act at a symposium hosted by the Saint Louis University Public Law Review on March 26, 2010. “An Uncertain Future for Section 5:  The Need for a Revised Bailout System” is the title of Professor Seaman’s paper.

Ronald Staudt was reappointed for a five-year term to the Editorial Board of the International Journal of Law and Information Technology, Oxford University Press, beginning in 2010. He has also been reappointed to the Advisory Council of the ABA Standing Committee on the Delivery of Legal Services.

Professor Staudt presented “Emerging Trends in Technology,” at the Legal Services Corporation’s Technology Initiative Grants Conference in Austin, Texas in January 2010. His second presentation at the Conference was “Knowledge Management: What It Is, Why It Matters, and (Google) Options for Making What You Know Findable.”

In October 2009 he was named as one of the 50 ABA Legal Rebels:

Ronald Staudt: Web + Law = A2JProfile

Professor Staudt is the 2009-2010 Chair of the Legal Aid Committee of the Board of Trustees of the College of Law Practice Management.

Joan Steinman will speak on a panel that addresses “New Ideas about the Design of Appellate Courts” at the Southeastern Association of Law Schools conference in Palm Beach, Florida, in late July and early August 2010.

In November 2009, Professor Steinman made a presentation on Iqbal, Twombly, and their effect on patent litigation to the Chicago law firm of McAndrews, Held & Malloy.

Research in Progress – February 2010

Christopher Buccafusco completed data gathering on an experiment exploring how creators value their intellectual property (with Christopher Sprigman, University of Virginia School of Law).

Nancy Marder has written a paper entitled “In the Absence of Law and Justice,” which she will present as part of a panel on “Black Women Writing Justice” at the annual convention of the Northeast Modern Language Association in Montreal on April 9, 2010.  The paper examines the role of law in three novels by three African-American writers.

Professor Marder is working on a second piece called “Judging TV Reality Judges,” which will be the basis of her talk at an upcoming conference and will be published as a book chapter. The paper examines popular television judge shows and the lessons these shows teach about judges, courts, and justice.

Sheldon Nahmod is working on an article for a Brigham Young University Law Review symposium on government speech to be held in March 2010 in Provo, Utah. Its title is tentatively “Government Speech: Justice Souter Dissents.”

Henry Perritt has been asked to prepare a retrospective on his 1992 article on legal issues likely to arise from use of the Internet. The retrospective will be included in a book containing similar looks back at early literature on the Internet.

César F. Rosado Marzán is continuing to work on an ethnographic project on labor law enforcement in Chile.

Joan Steinman is writing an article on the role of efficiency goals in doctrines that govern which issues appellate courts may (or may not) hear and the sequence in which appellate courts may hear those issues.

Publications – February 2010

Bernadette Atuahene’s article is published: Things Fall Apart: The Illegitimacy of Property Rights in the Context of Past Theft, 51 Ariz. L. Rev. 831 (2009).

Professor Atuahene’s opinion editorial, Congress must do more for those evicted, was published in the Athens Banner Herald and four other regional newspapers, on October 25, 2009.

William Birdthistle’s article, Investment Indiscipline: A Behavioral Approach to Mutual Fund Jurisprudence, was published in January 2010 in the University of Illinois Law Review, Volume 2010, Number 1, at 61.

Evelyn Brody has published How Public Is Private Philanthropy? Separating Reality from Myth (with John Tyler, general counsel of the Ewing Marion Kauffman Foundation), a monograph prepared for the Philanthropy Roundtable in June 2009.

Professor Brody has also published an article and a chapter:

Payments in Lieu of Taxes: “Contributions,” Say the Towns; “Extortion,” Say the Schools,” Chron. Higher Ed., February 1, 2010 (invited commentary for special feature on “Towns, Gowns, and Taxes”).

Justifications for Tax Exemption, in International Encyclopedia of Civil Society (Helmut Anheier, Stefan Toepler, & Regina List, eds.) (Springer Science+Business Media, LLC, 2010).

Christopher Buccafusco published Happiness and Punishment, 76 U. Chicago L. Rev. 1037 (2009) (with John Bronsteen and Jonathan Masur).

David Gerber’s book, Global Competition: Law, Markets and Globalization, is scheduled to be published in March 2010 by Oxford University Press.

Robert Knowles’s article, Bagram, Boumediene, and the Limited-Government Theory is forthcoming in the DePaul L. Rev. (with Marc D. Falkoff).

Nancy Marder’s article, Answering Jurors’ Questions: Next Steps in Illinois, will be published as part of the Illinois Judicial Symposium, which will appear in 41 Loy. U. Chi. L.J. ___ (2010).

Sheldon Nahmod’s article, Supervisory Liability After Iqbal, was published in 14 Lewis & Clark Law Review in February 2010.

The third edition of Professor Nahmod’s casebook, Constitutional Torts (with Wells and Eaton) was published by LexisNexis in January 2010.

David Rudstein’s 2010 update to his 3-volume treatise, Criminal Constitutional Law was published in December by LexisNexis. (with P. Erlinder & D. Thomas).

Ronald Staudt has published Transforming Legal Aid, in 35 Law Practice Management 44 (April/May 2009).

Professor Staudt’s article, All the Wild Possibilities: Technology that Attacks Barriers to Access to Justice is forthcoming at 42 Loyola L.A. Law Rev. 102 (2009).

Joan Steinman has completed work on the forthcoming 2010 Pocket Parts for her recently revised volumes 14B and 14C of the Wright and Miller treatise, Federal Practice and Procedure. Professor Steinman is now working on the 2011 Pocket Parts.