Monthly Archives: November 2010

Faculty Activities – November 2010

Lori Andrews gave two presentations in October 2010 about gene patenting. On October 9, 2010, she gave a presentation titled “Innovation, Intellectual Property, and Individual Rights” for the event “2010: A Weekend Odyssey Exploring Science and Law” at the Yale Law School Alumni Weekend in New Haven. On October 17, 2010, she gave a presentation titled “Genetic Counselors and Gene Patents” at the National Society of Genetic Counselors 2010 Annual Education Conference in Dallas.

She gave a talk about her mystery novels at the Centuries and Sleuths bookstore in Forest Park, Illinois in September 2010.

Professor Andrews is currently working on a pro bono amicus brief to be submitted to the Court of Appeals for the Federal Circuit on behalf of medical organizations challenging the validity of patents on the BRCA1 and BRCA2 breast cancer genes.

She was interviewed by the Washington Post and the Associated Press in conjunction with Robert Edwards’ 2010 Nobel Prize in Medicine for the development of in vitro fertilization.

She continues to serve on the Bioethics Advisory Council of the March of Dimes Foundation.  She also continues to write for the ISLAT Blog, which can be viewed at http://blogs.kentlaw.edu/islat.

Bernadette Atuahene presented a work in progress, an empirical study of the efficacy of law in South Africa, at the National People of Color Conference in September 2010 at Seton Hall University School of Law in Newark. Professor Atuahene’s research was the subject of a September 3, 2010 column in the Chicago Daily Law Bulletin.

Professor Atuahene gave a lecture about land restitution in South Africa at the Northwestern Negotiation and Alternative Dispute Resolution Colloquium Series in early November. She also presented her research at the Midwest Law and Society Retreat in October 2010.

She will present her paper, “Where did the Money Go?: The Contribution of the Land Restitution Program’s Financial Awards to Economic Development in South Africa,” at the Conference on Empirical Legal Studies at Yale Law School, November 5-6, 2010. She will also serve as a commentator at the conference.

Professor Atuahene was invited to present at a conference on Constitutionalism and Rights that will be hosted by La Trobe University, Australia and held at the University of Cape Town and University of Stellenbosch, South Africa, December 10-11, 2010.

She was invited by the Office of United Nations High Commissioner for Human Rights Independent Expert on Minority Issues, Gay McDougall, to speak about land reform at this year’s forum on minority issues at the UN headquarters in Geneva, Switzerland, Devember 13-15, 2010.

William Birdthistle was invited to present his paper, “Breaking Bucks in Money Market Funds” (forthcoming in Wisconsin Law Review), at a faculty workshop at Notre Dame Law School on November 5, 2010.  University of North Carolina School of Law also invited Professor Birdthistle to present the paper at a faculty workshop in October 2010. He also presented the paper at Northwestern Law School and the Canadian Law and Economics Association in October.

That paper has also been selected for presentation by the Section on Financial Institutions and Consumer Financial Services at the Association of American Law Schools Annual Meeting in January 2011.

Professor Birdthistle is preparing an amicus brief in a securities regulation case, Janus v. First Derivative Traders, which is scheduled for oral argument at the Supreme Court on December 7, 2010.

Ralph Brill visited the University of California at Irvine School of Law as a member of an American Bar Association inspection team in October 2010. The Team will write a report for submission to the ABA Accreditation Committee for their assistance in determining whether to grant provisional accreditation to the law school, now in its second year of operation.

Christopher Buccafusco did CLE presentations on “Happiness and the Law” and “Geographic Indications of Origin” at Alumni Day at Chicago-Kent in October 2010.

Professor Buccafusco has recently been named a co-editor of the SSRN eJournal Intellectual Property: Empirical Studies (with David Schwartz).

Daniel Coyne received a Special Recognition Award from the Chicago Appleseed Fund for Justice and Chicago Council of Lawyers in October 2010. Professor Coyne was honored for his pro bono efforts to improve the quality of the Cook County Criminal Justice System.

Professor Coyne was interviewed and quoted by news media a number of times recently: WBBM radio, regarding the likely costs of a retrial of Rod Blagojevich and the available sources of funds for that retrial; Wilmington Delaware News-Journal, regarding a pending pediatrician-patient sexual abuse case and the propriety of the execution of a search warrant; and by the Chicago Sun-Times and WCDN Radio regarding the retirement of Illinois Supreme Court Justice Thomas Fitzgerald and the appointment of his replacement, Illinois Appellate Court Justice Mary Jane Theis.

Suzanne Ehrenberg recently gave two conference presentations: “The 90-Minute Memo – A Capstone Exercise for Building Confidence” at the Rocky Mountain Legal Writing Conference in Tucson, AZ; and “Hiring for Competence in Legal Writing” at the Legal Writing Institute Biennial Conference in Marco Island, FL.

David Gerber was a principal speaker at an interdisciplinary conference sponsored by University College Dublin School of Law in Dublin, Ireland in September 2010. The conference title was “The Regulation of Competition: The Case of Asian Capitalism.” Professor Gerber’s topic was “Competition Law in Asia: Global Competition Law Convergence as Context.”

Richard Gonzalez will speak at the ABA Section of Labor and Employment Law  Conference in Chicago on November 5, 2010. His topic is “Effective Deposition Strategies and Techniques.”

Vivien Gross was a speaker at the Financial Services Law Conference, “Current Issues Around Town in Futures and Derivatives” held at Chicago-Kent in October 2010. Professor Gross discussed potential ethical problems (with Rick Riebman of Dykema Gossett).

Philip Hablutzel was honored in October 2010 by the Chicago Bar Association. The CBA presented Professor Hablutzel with a plaque “in recognition of his 22 years of dedicated service to the Chicago Bar Association’s Business Law Committee and the annual How to Form a Business Entity Seminars.” He has been the organizer and chair of the two-day seminar at the CBA since 1988.

Professor Hablutzel presented a paper at the Chicago Bar Association in September 2010. His paper described and analyzed the various legal “forms” or “entities” available, whether the organization will be operating as a for-profit enterprise or as a not-for-profit organization.”

Last March Professor Hablutzel presented a paper on recent developments in Illinois partnership law at a seminar of the Illinois State Bar Association.  Professor Hablutzel is in his sixth term as a public member of the Business Conduct Committee, the disciplinary body of the Chicago Board Options Exchange.

Steven Heyman went to Washington, DC during the first week of the Supreme Court’s term to attend the oral argument in a high-profile First Amendment case, Snyder v. Phelps. The issue in the case is whether the members of a fundamentalist church can be held liable for picketing at the funeral of a Marine killed in Iraq – a demonstration at which they carried signs with slogans like “Thank God for Dead Soldiers” and “God Hates Fags.” During the course of the year, Professor Heyman provided advice to the legal team for the plaintiff (the father of the slain Marine) and organized a moot court to help prepare the plaintiff’s lawyer, Sean Summers, for the oral argument.

This fall, Professor Heyman spoke at several Chicago-Kent events, including a panel discussion on the so-called Ground Zero mosque and a debate over Christian Legal Society v. Martinez, in which the Supreme Court recently held that Hastings College of Law did not violate the First Amendment when it decided to provide official recognition and funding only to those student groups that were open to all Hastings students, and that did not discriminate on the basis of factors like sexual orientation and religious belief.

In September, Professor Heyman gave the University’s Constitution Day address at IIT. This talk, entitled “How Should We Think About Free Speech?  Justice Holmes, Justice Brandeis, and the First Amendment,” can be found on the Chicago-Kent Faculty Blog at http://blogs.kentlaw.edu/faculty/2010/10/how-should-we-think-about-free-speech.html.

In November, Professor Heyman will be one of the featured speakers at a Supreme Court preview held by the Chicago Lawyers Chapter of the American Constitution Society.

Richard Kling was interviewed in October for a radio program, “Viewpoints,” which is broadcast nationally. The program topic was crime and justice.

Harold Krent spoke on “Protecting Data Security” at the Beijing Lawyers Association and Soochow University in Taipei.

Dean Krent addressed a faculty workshop at Northwestern University School of Law on “Delimiting Delegations to Private Parties.”

Laurie Leader will speak on “Nonstatutory Causes of Action” on a panel at ABA Section of Labor and Employment Law Conference on November 6, 2010 in Chicago.

Professor Leader obtained a jury verdict on behalf of a client in an employment defamation case in early September.

Edward Lee organized a conference on intellectual property-related Supreme Court cases, held at Chicago-Kent in September 2010. Professors Christopher Buccafusco, David Schwartz, and Carolyn Shapiro were moderators for three of the panels.

Martin Malin was elected to the Board of the College of Labor and Employment Lawyers.

On November 4, 2010, he will moderate a panel, “Let There Be Peace on Earth: International Frameworks for Dispute Resolution,” at the ABA Section of Labor and Employment Law Conference in Chicago.

Professor Malin will present a paper, “The Arbitration Fairness Act: It Need Not and Should Not Be an All or Nothing Proposition,” at a symposium on Labor and Employment Law in the Obama Administration at Indiana University School of Law– Bloomington on November 12, 2010.

He taught a seminar on “A Potpourri of Hot Topics in Public Sector Labor Law,” co-sponsored by the Illinois Governor’s Office and the Illinois Attorney General’s Office in Chicago in September and in Springfield in October 2010.

Professor Malin was interviewed on WBEZ City Room on September 22 concerning the NLRB’s decision declining jurisdiction over the Chicago Math & Science Academy Charter School.

An article Professor Malin wrote with Henry Perritt, The NLRA in Cyberspace: Union Organizing in Electronic Workplaces, 49 U. Kan. L. Rev. 1 (2000)  was cited by the NLRB in its decision in J & R Flooring, Inc, 356 NLRB No. 9 (Oct. 22, 2010).

Nancy Marder created the Jury Center at Chicago-Kent College of Law and is serving as its Director. The Jury Center is dedicated to providing academics, lawyers, judges, and members of the media and the public with up-to-date research on juries. The Jury Center’s website currently includes a Selected Annotated Bibliography of recent scholarship on the jury. The website is located at:  http://www.kentlaw.edu/jurycenter/.  Special projects will soon be added to the website.

Professor Marder presented her paper “Judging TV Reality Judges” at the Midwest Law and Society Retreat at the University of Wisconsin in Madison in October 2010.

Also in October, Professor Marder presented a paper entitled “Helping Jurors To Understand Jury Instructions” at the Clarity 2010 Conference, held at the Universidade Nova de Lisboa in Lisbon, Portugal.

On November 5, 2010, Professor Marder will present a paper, “In the Absence of Law and Justice” at an Interdisciplinary Conference on Women and Gender, organized by the Chicago-Kent Institute for Law and the Humanities, which will be held at Chicago-Kent College of Law.

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

Sheldon Nahmod spoke on the Religion Clauses and the “Ground Zero Mosque” at a Chicago-Kent Law School program sponsored by Students for a Secular Society, the Muslim Law Students Association, and the Institute for Law and Humanities in September 2010.

In October, he spoke to Chicago-Kent alumni at the Law School. His presentation was entitled “Section 1983 Overview and Update.” A second October talk at Chicago-Kent was at a meeting of the American Constitution Society and the Federalist Society where his topic was “The Supreme Court’s 2009 Term.”

Also in October, Professor Nahmod spoke to the Animal Law Committee of the Chicago Bar Association about the Stevens case (depictions of animal cruelty). His presentation was entitled “Animal Rights, Free Exercise and Free Speech.”

On November 18, 2010, Professor Nahmod will speak to federal judges about Section 1983 under the auspices of the Federal Judicial Center in Washington, DC.

Henry Perritt presented a paper, “The Effect of Implementation of the Rule of Law in Under-Developed Countries,” in October at a program sponsored by the Chicago Lawyer Chapter of the American Constitution Society and the Chicago Bar Association Civil Rights and Constitutional Law Committee.

Mickie Piatt presented a CLE lecture at Chicago-Kent in October 2010. Her topic was Barbies, Bratz, and Bluster: An exploration of the trade secrets, RICO claims, employee agreements and interpretations, and related claims in the Mattel v. MGA case that has been pending in the California courts for some time. The case presents an interesting study of the toy industry.

In July, the Ninth Circuit remanded Phase One of the trial in light of its findings of the language of the employment contract, changes in the injunctive relief granted by the district court, and new analysis of the copyright claims in light of the correct extrinsic/intrinsic substantial similarity analysis.  In October, the district court allowed MGA’s additional RICO and trade secret misappropriation claims to move forward.

David Schwartz presented his paper, “The Use of Legal Scholarship by the Federal Courts of Appeals: An Empirical Study,” at workshops at the University of Cincinnati College of Law in September 2010 and at Chicago-Kent in October 2010. He also presented the paper at the Midwest Law and Society Annual Retreat in Madison, Wisconsin in October 2010.

Professor Schwartz is scheduled to present his paper “Legal Scholarship and the United States Court of Appeals for the Federal Circuit: An Empirical Study” at the Empirical Studies of Patent Litigation Roundtable. The Roundtable will be held at Northwestern University School of Law/The Searle Center in November 2010.

He is scheduled to present his paper “Legal Scholarship and the United States Court of Appeals for the Federal Circuit: An Empirical Study” at the Empirical Studies of IP Conference. The Conference will be held at the University of San Diego Law School in December 2010.

Professor Schwartz has recently been named a co-editor of the SSRN eJournal Intellectual Property: Empirical Studies (with Christopher Buccafusco).

Professor Schwartz moderated a panel about the case of Bilski v. Kappos at the Chicago-Kent Supreme Court Intellectual Property Review in September 2010.

Ronald Staudt presented a short talk describing his new Justice and Technology Practicum course at the “Educating the Digital Lawyer” Workshop at The Law Lab, a project of the Berkman Center for Internet and Society at Harvard Law School in October 2010.

He presented a proposal, “Learning Law by Building Software Systems,” in October 2010 at the Future Ed 2 Conference at Harvard Law School.

Also in October, Profess Staudt spoke at the Legal Services Corporation in Washington, DC on “The Virtual Law Office” (with Marc Lauritsen). While in Washington, he also spoke to law students and faculty at American University Washington College of  Law as part of a panel on “eLawyering and the Future of Legal Work.”

Professor Staudt moderated and spoke on a panel at the 2010 Futures Conference & Symposium, also at American University, co-sponsored by the College of Law Practice Management in October 2010. “Hitting the Reset Button: Knowledge tools, eLawyering, Unbundling and more…” was the panel topic.

Joan Steinman will be honored with the 2010 Chicago-Kent Distinguished Service Award at the annual Alumni Awards & Recognition Luncheon on November 19, 2010.

Ozan Varol explained the significance of recent amendments to Turkey’s Constitution in an article, Turkey’s New Majoritarian Difficulty on the Comparative Constitutions blog.

Research in Progress – November 2010

Lori Andrews is researching the legal issues surrounding social networking sites and plans to offer a class for the spring semester and publish an article on the subject.

Christopher Buccafusco is working on a study of the effects of incentives on creativity and innovation in intellectual property law (with Jeanne Fromer).

Professor Buccafusco’s other current project is an experimental study of ex ante and ex post compensation (with David Schwartz).

Laurie Leader is continuing to prepare the current supplement to Lindemann & Grossman, Employment Discrimination Law (BNA), along with two other executive editors (Richard Gonzalez and Deb Millenson).

Nancy Marder is working on an Introduction to the Chicago-Kent Law Review Symposium that she has organized on Comparative Jury Systems. The symposium, which will cover juries in ten different countries, will be published in 2011.

Professor Marder is conducting research on voir dire practices in the United States and the U.K. for an article on voir dire and how it should be changed. The article is entitled Theories of Juror Bias, Voir Dire, and Jury Decision-making.

Publications – November 2010

Lori Andrews has two forthcoming chapters: Sculpting Public Policy through Bioart, in Art et Biotechnologies, (Ernestine Daubner and Louise Poissant, eds., University of Quebec: Quebec, forthcoming 2010) (with Jalissa Bauman Horne) and A Pound of Flesh: Patient Legal Action for Human Research Protections in the Biotech Age, in Impatient Voices: Patients as Policy Actors for U.S. Health Care, (Beatrix Hoffman, Rachael Grob and Mark Schlesinger, eds., Rutgers University Press, forthcoming 2010) (with Julie Burger).

Professor Andrews recently published the chapter, Genetic Sequence Patents: Historical Justification and Current Impacts, in Living Properties: Making Knowledge and Controlling Ownership in the History of Biology, Berlin, Germany (Jean-Paul Gaudillière, Daniel J. Kevles, Hans-Jörg Rheinberger eds., Monograph, Max Planck Institute for the History of Science, 2010) (with Jordan Paradise).

Professor Andrews, along with her co-authors Max Mehlman and Mark Rothstein, published a revision to their casebook, Genetics: Ethics, Law, and Policy, 3rd edition (Thomson/West, 2010).

Katharine Baker has published her article, Marriage and Parenthood as Status and Rights: The Growing, Problematic and Possibly Constitutional Trend to Disaggregate Family Status from Family Rights, 71 Ohio St. L.J. 127 (2010).

Christopher Buccafusco has published two articles:

Valuing Intellectual Property: An Experiment, 96 Cornell L. Rev. 101 (2010) (with Christopher Sprigman).

Retribution and the Experience of Punishment, 98 Calif. L. Rev. 101 (2010) (with John Bronsteen and Jonathan Masur).

The Creativity Effect has been accepted for publication by University of Chicago Law Review.

Suzanne Ehrenberg’s article, Summative Assessments in Legal Writing: The Timed Memo, will be published in the Fall, 2010 issue of The Second Draft.

David Gerber has published two articles:

Convergence in the Treatment of Dominant Firm Conduct: The United States, The European Union, and the Institutional Embeddedness of Economics, 76 Antitrust L. J. 951 (2010).

Anthropology, History and the “More Economic Approach” in European Competition Law-A Review Essay, 41 Int’l Rev. Intell. Prop. Comp. L. 441 (2010).

Steven Heyman‘s new article, The Dark Side of the Force: The Legacy of Justice Holmes for First Amendment Jurisprudence, will appear in the March 2011 issue of the Wm & Mary Bill Rts. J.

Laurie Leader has updated two treatises for which she is the revision author (Volumes 13 and 17, respectively, on Employment and Compensation Agreements and Stock Options and Other Incentive Agreements in Matthew Bender’s Current Legal Forms.

Martin Malin’s article, The Evolving Schizophrenic Nature of Labor Arbitration was published in 2010 J. Disp. Resol. 57.

Professor Malin also published In Honor of Clyde W. Summers: An Introduction to a Special Symposium, 14 Emp. Rts. & Emp. Pol’y J. 1 (2010) (with Douglas D. Scherer).

Nancy Marder published an op-ed piece, Women and Jury Service, in the Chicago Daily Law Bulletin on August 27, 2010.

Sheldon Nahmod’s update to his treatise, Civil Rights and Civil Liberties Litigation: The Law of Section 1983 (4th ed. Thomson/West, 1997), was published in September, 2010.

Henry Perritt’s treatise, Law and the Information Superhighway, 4th ed. Aspen, 2010, has been released by the publisher with a new title, Digital Communications Law.

Professor Perritt’s article, New Business Models for Music, is being published this fall by Villanova Sports and Entertainment Law Journal.

Professor Perritt’s article, Technologies of Storytelling: New Models for Movies, is being published this fall by Virginia Sports and Entertainment Law Journal.

César Rosado Marzán’s op-ed on the Chilean miners and labor law in Chile, Working for Another Miracle, was published in the September 13, 2010 Chicago Daily Law Bulletin.

David Schwartz has published Pre-Markman Reversal Rates, 43 Loy. L.A. L. Rev. 1073 (2010) as part of a symposium on The Federal Circuit as an Institution.

His article, Explaining the Demise of the Doctrine of Equivalents, was accepted for publication in the Berkeley Tech. L.J. It is forthcoming in 2011.

Professor Schwartz’s article, The Use of Legal Scholarship by the Federal Courts of Appeals: An Empirical Study, was accepted for publication in the Cornell L. Rev. It is forthcoming in 2011 (with Lee Petherbridge).

Stephanie Stern has published her article, The Inviolate Home: Housing Exceptionalism in the Fourth Amendment, 95 Cornell L. Rev. 905 (2010).

Dan Tarlock has published a chapter, Chapter V, USA in Energy Efficiency and Renewable Energies in Town Planning Law and/und Energieeffizienz und Erneuerbare Energien im Staedtebaurecht (2010), English and German text.