Monthly Archives: April 2010

Faculty Activities – April 2010

Bernadette Atuahene was invited to the University of Wisconsin at Madison to present her paper, “Human Rights and Restitution,” at a workshop entitled Role of Law in Developing and Transition Countries.

In March she was invited to Yale Law School to deliver a talk to students about entering the legal academy. Also in March she presented her paper, “Financial Compensation for Past Property Violations in South Africa,” at the Association for Law, Property, and Society Annual Meeting at Georgetown University Law Center.

Professor Atuahene also contributed to events in the greater Chicago area in March. She was invited to give a lecture on land reform in Namibia at Columbia College, she spoke about US Immigration Policy towards Haiti at a panel organized by Trinity United Church of Christ, and she delivered the keynote address at Perspectives Charter School Honors Breakfast.

William Birdthistle spoke on the Supreme Court’s corporate law docket this Term at an event hosted by the American Constitution Society in early April.

Also in early April, he participated in a roundtable on investment fund scholarship hosted by the Institute for Law & Economics at the University of Pennsylvania Law School in Philadelphia.

In late April, Professor Birdthistle commented on papers by Professor Jill Fisch of the University of Pennsylvania Law School and Professor Frank Partnoy of the University of San Diego Law School at a conference hosted in the Turks and Caicos Islands by the Institute for Law and Economic Policy (ILEP). The conference title was Protection of Investors in the Wake of the 2008-2009 Financial Crisis. ILEP is a separate entity from the Institute for Law & Economics at the University of Pennsylvania.

Professor Birdthistle participated in two debates during the last week in April. He debated Professor John Coates of Harvard Law School at an event hosted by Morningstar. The debate topic was the Supreme Court’s recent decision in Jones v. Harris. The second debate was with Professor Todd Henderson of the University of Chicago Law School at an event hosted by the Federalist Society regarding mutual fund litigation.

In May Professor Birdthistle will present his University of Illinois Law Review article, Investment Indiscipline, at the Annual Meeting of the Law and Society Association.

Christopher Buccafusco presented “Copyrighting Canapés: What Cooking and Chefs Can Tell Us About Creativity, Authenticity, and Incentives” at the Symposium From Field To Tablet: Food, Culture, and the Law at the University of Iowa in February 2010.

Daniel Coyne was an invited speaker at the Circuit Court of Cook County Veterans Court symposium in February 2010. He provided commentary on the origin of circuit court diversion efforts for criminal defendants and supportive programming. Veterans court is a recently formed court geared to military veterans charged with nonviolent crimes, mostly drug offenses.

In March 2010, Professor Coyne was a participant and presenter in a planning session with Chief Judge Timothy Evans regarding diversion and deferral programs in the Circuit Court of Cook County, Criminal Division.

In late March, he was an invited panelist at an Illinois Academy of Criminology forum on diversion and deferral programs in the Criminal Division of the Circuit Court of Cook County. Prior to the forum, he was interviewed by Jerry Crimmins, Chicago Daily Law Bulletin, regarding the forum on diversion and the restructuring of the Criminal Division of the Circuit Court for an article published in the Law Bulletin on April 1, 2010.

Professor Coyne was an invited participant/presenter at a University of Chicago Mandel Legal Aid Clinical Education meeting in March 2010. His topic was “Clinical Education for Prospective Criminal Law Practitioners.”

Also in late March, Professor Coyne provided an informational interview to a reporter from The Phoenix, the Loyola University Chicago student newspaper, regarding a pending hate crime case.

David Gerber gave a series of lectures on European competition law at the European College of Paris II (Sorbonne) in March 2010.

In April, Professor Gerber lectured on his new book, Global Competition: Law, Markets and Globalization, at the American Bar Foundation.

Sanford Greenberg presented “Clearly, Persuasion Requires More Than Rhetoric,” at the Rocky Mountain Legal Writing Conference at the University of Arizona James E. Rogers College of Law in Tucson in March 2010.

Professor Greenberg also presented “Finding Time and Support for Your Own Scholarship,” as a panel discussion participant at the Legal Writing Institute’s New Teachers Workshop at The John Marshall Law School in Chicago in December 2009.

Vivien Gross has been named a member of the Judicial Performance Commission of Cook County. The Commission’s current project is to collect information concerning the strengths and weaknesses of judges who will be seeking retention on the November ballot.  The Commission will then issue a public report concerning its findings.

Philip Hablutzel has been appointed to a seventh one-year term as a Public Member of the Business Conduct Committee of the Chicago Board Options Exchange. The BCC hears disciplinary cases involving members of the Exchange.

During 2009-2010, Professor Hablutzel has been serving as Chair of the Section of Corporation, Securities, and Business Law of the Illinois State Bar Association. In March 2010 he was organizer, chair and speaker at an ISBA seminar on “Partnership Law Update 2010.”

In April, he taught one of Chicago-Kent’s courses at the Shanghai Bar Association, “United States and International Capital Markets.”  The students were mid-career Chinese lawyers.

Steven Heyman took part in an international conference, Hate Versus Democracy on the Internet, at Fordham University School of Law in March 2010. His presentation was entitled “Is There a Principled Distinction Between Hate Speech and Legitimate Political Expression?”

On April 29, 2010, Professor Heyman spoke at a symposium at Princeton University on the political thought of his mentor, Harry M. Clor, a political philosopher and First Amendment scholar who taught for many years at Kenyon College.

Earlier this semester, Professor Heyman and Professor Sheldon Nahmod took part in a forum at Chicago-Kent on the Supreme Court’s recent decision in Citizens United v. Federal Election Commission, which struck down a ban on corporate spending in election campaigns. Professor Heyman’s critique of the decision, The Public vs. the Supreme Court: A Comment on the Citizens United Case, can be found on the C-K Faculty Blog.

Robert Knowles will present his paper, “A Realist Defense of the Alien Tort Statute,” at the 2010 Annual Meeting of the Law and Society Association in Chicago.

Professor Knowles participated in a Federalist Society-sponsored debate, Does al Qaeda Deserve Civilian Justice? at Chicago-Kent in March 2010.

Nancy Marder was a panelist on a panel, “Allowing Jurors To Ask Questions,” which was part of a conference on Juror Deselection & Jury Management, organized by the Law Bulletin Seminars and held in Chicago in March 2010.

Professor Marder will present a paper entitled “Judging Judge Judy and Other Television Judges,” as part of a panel on Gender and Judging at the Law and Society Annual Meeting, which will be held in Chicago, Illinois on May 29, 2010.

In February, 2010, Professor Marder served as a peer reviewer for the International Journal for the Semiotics of Law.  In March and April 2010, she also served as a peer reviewer for two book publishers, Rowman & Littlefield and Edwin Mellen Press.

Henry Perritt’s musical, “You Took Away My Flag: a Musical About Kosovo,” (YTAMF) is being performed 3-5 times per week at Theatre Building Chicago. Chicago Alderman Scott Waguespack, a C-K alum, was the featured guest at a performance honoring the artistic team at Theatre Building Chicago. He and Professor Perritt chaired a “talk back” about the Kosovo conflict after the performance.

A Czech documentary filmmaker attended the last week of rehearsals and opening night of YTAMF to capture video of the production to be incorporated into his Czech-government-funded documentary about conflicts in the Balkans.

Professor Perritt is scheduled to be interviewed by Jerome McDonnell on NPR’s World View about the application to Haiti of the criteria in his article, Structures and Standards for Political Trusteeship, 8 UCLA J. Int’l L. & Foreign Aff. 385 (2003).

Christopher Schmidt presented a paper, “Conceptions of Law in the Civil Rights Movement,” at a conference on theory and method in legal history at the University of California Irvine School of Law in April 2010.

David Schwartz was appointed Vice-Chair of the Law School Outreach Committee of the Intellectual Property Law Association of Chicago.

Professor Schwartz presented his paper, “Doctrinal Displacement at the Federal Circuit” at the IP Scholars Roundtable at Drake University Law School in March 2010.

At the request of the Daily Journal, a state-wide California legal newspaper, Professor Schwartz updated the research in his article, Practice Makes Perfect? An Empirical Study of Claim Construction Reversal Rates in Patent Cases, 107 Mich. L. Rev. 223 (2008). The Journal cited his research in two April articles about the reversal rate for patent cases in Central Disctrict of California being much higher than other popular patent case jurisdictions and the need for new rules for patent cases. The updated version of the paper is available on SSRN.

Jeffrey Sherman will retire from the Chicago-Kent faculty in August 2010. He has been a Chicago-Kent professor for 32 years. In connection with Professor Sherman’s retirement, there has just been published in the 84 Chi.-Kent L. Rev. 345 (2009) a Symposium: The Evolution of Academic Discourse on Sexual Orientation and the Law:  A Festschrift in Honor of Jeffrey Sherman.

Ronald Staudt’s A2J software project was praised by the Eastern District Missouri court clerk in an article in the April 2010 federal courts newsletter, The Third Branch. His court’s IT staff planned to design its own software to aid pro se litigants, but discovered that a product — A2J –already had been developed and was available from Chicago-Kent.

Mary Rose Strubbe will present “Modeling Success in Every Law School Class” with Douglas Godfrey at the Institute for Law Teaching and Learning Conference in Topeka, Kansas in June 2010.

Professor Strubbe will also present “Rethinking the Traditional Legal Memorandum as a Teaching Tool” with Douglas Godfrey, Richard Neumann, and Kristen Robbins-Tiscione at the Legal Writing Institute Conference in Marco Island, Florida, in June.

Dan Tarlock delivered a paper, “Global Climate Change and Property Rights,” at the Fourth International Conference on Planning, Law, and Property Rights at Technical University, Dortmund, Germany in February, 2010.

He  delivered a paper, “Energy, Climate Change, and Water: The complex Intersection,” at the University of Houston School of Law Symposium: Climate Change, Water & Adaptive Law in Houston in February 2010.

Professor Tarlock gave the Keynote Address, “The Potential Impacts of Global Climate Change on Water Law,” at the University of Denver Water Law Review Symposium at University of Denver School of Law in Denver in April 2010.

He  attended the first meeting of the Natural Research Council Water Science and Technology Board’s Committee on U.S. Army Corps of Engineers Water Resources Science, Engineering and Planning in Washington, DC in February 2010.

Richard Wright was named a Distinguished Professor of Law by the IIT Board of Trustees in April 2010. He has been a member of the Chicago-Kent Faculty since 1985.

Research in Progress – April 2010

Steven Heyman’s current research project focuses on the First Amendment jurisprudence of Justice Holmes. He will present a paper on this subject at the Annual Meeting of the Law and Society Association, which will meet in Chicago over Memorial Day weekend.

Nancy Marder is working on a book review of a new biography of Justice Stevens entitled John Paul Stevens: An Independent Life by Bill Barnhart and Gene Schlickman. The review will appear in Judicature over the summer.

Professor Marder is also working on a book chapter on television judges called Judging TV Reality Judges, which will appear in Law and Justice on the Small Screen (Peter Robson & Jessica Silbey eds., forthcoming 2010).

David Rudstein’s article, Retrying the Acquitted in England, Part III: Prosecution Appeals of Judges’ Rulings of No Case to Answer, was submitted to a number of international law journals

Publications – April 2010

Bernadette Atuahene has two articles forthcoming in 2010:

Property and Transitional Justice, ___ UCLA L. Rev. Disc ___. Discourse is the UCLA Law Review Online.

Property and the Demands of Transformation, ___ Mich. J. Int’l L.___.

Kimberly Bailey’s article, Lost in Translation: Domestic Violence, ‘The Personal is Political’, and the Criminal Justice System, is forthcoming later this year in The Journal of Criminal Law and Criminology (Northwestern).

William Birdthistle’s article, Breaking Bucks: SEC Regulation by Obfuscation in Money Market Funds, has been accepted for publication later this year by the Wisconsin Law Review.

Christopher Buccafusco has two articles accepted for publication:

Valuing Intellectual Property: An Experiment was accepted by the Cornell Law Review (with Christopher Sprigman).

Retribution and the Experience of Punishment was accepted by the California Law Review (with John Bronsteen and Jonathan Masur).

Professor Buccafusco and Professor David Schwartz co-authored an article published in the Chicago Daily Law Bulletin, Challenging IP’s Fundamental Assumptions, April 26, 2010, at 6.

David Gerber’s latest book, Global Competition: Law, Markets and Globalization was published by Oxford University Press in March 2010. It analyzes the role of law in developing global markets and in relating them to the opportunities and needs of globalization around the world.

Eldon Ham has published an article, Hardball Free Agency: The Unintended Demise of Salary Arbitration in Major League Baseball, in the inaugural issue of the Harvard Sports and Entertainment Law Journal (with Jeffrey Malach, a 2009 graduate of Chicago-Kent). Adjunct Professor Ham has taught Sports Law at Chicago-Kent for 17 years.

Robert Knowles has published Bagram, Boumediene, and Limited Government, 59 DePaul L. Rev. 801 (2010) (with Marc D. Falkoff).

Professor Knowles’s invited contribution to the National Security Forum, Geopolitics and National Security Law, will be published at ___ Wm. Mitchell L. Rev. ___ (forthcoming 2010).

His article, A Realist Defense of the Alien Tort Statute, will be published at ___ Wash. U. L. Rev. ___ (forthcoming 2011).

Nancy Marder’s book review of William Domnarski’s Federal Judges Revealed has been published at 1 Am. J. Legal Hist. 113 (2008-2010).

Christopher Schmidt’s article, The Sit-ins and the State Action Doctrine, has been published at 18 Wm. & Mary Bill Rts. J. 767 (2010).

David Schwartz is a co-editor for the book Patent Claim Construction in the Federal Circuit (Thomson/West 2010), which has just been published.

Dan Tarlock has published his article, Four Challenges for International Water Law, 23 Tul. Envtl. L. J. 1 (2010).