Monthly Archives: February 2011

Faculty Activities – February 2011

Lori Andrews is scheduled to give three upcoming presentations. She will give a presentation titled “Gene Patents, Medical Care and Research” at the American College of Legal Medicine’s 51st Annual Meeting in Las Vegas, Nevada in February 2011. She will present her lecture “Studying Medical Malpractice at the Bedside” at the first annual Cathy Shine Lecture at Boston University School of Public Health in March 2011. She will give a presentation titled “Who Owns the Patent to Your Genes” at the Pediatric Pharmacogenomics and Personalized Medicine symposium at Children’s Mercy Hospital in Kansas City, Missouri in April 2011.

Professor Andrews, along with Professor Josh Sarnoff of DePaul University College of Law, filed an amicus brief in the Court of Appeals for the Federal Circuit on behalf of a number of medical organizations in the case Association of Molecular Pathology v. U.S. Patent & Trademark Office. Professor Andrews and Professor Sarnoff argued that the district court’s decision, which invalidated a number of patent claims directed to the BRCA1 and BRCA2 breast cancer genes, should be affirmed.

Professor Andrews was profiled in the article Clone Ranger in the February 2011 issue of Chicago Magazine.

Bernadette Atuahene will give a presentation about Property Law and Race at the Association of Law, Policy & Society Annual Meeting to be held at Georgetown University Law Center on March 3, 2011.

Professor Atuahene won Princeton’s Law and Public Affairs (LAPA) Fellowship.  She is one of 6 fellows chosen from a pool of 150 applicants to be in residence at Princeton for the 2011-12 academic year.

She also has been selected to recieve a Woodhull Institute Fellowship. The Institute provides extensive media training to women leaders.

William Birdthistle was selected to present his article, Breaking Bucks in Money Market Funds, 2010 Wis. L. Rev. 1155 (2010), at two panels of the Association of American Law Schools Annual Meeting in San Francisco in January: the Section on Securities Regulation and the Section on Financial Institutions and Consumer Financial Services.

He hosted the Third Annual Investment Fund Roundtable at Boston University School of Law in December 2010 with co-host, Professor Tamar Frankel.

Professor Birdthistle has been asked to serve as a discussant at the First Annual International Junior Faculty Workshop being hosted this April by the Center for Law, Economics & Finance at the George Washington University Law School in Washington, DC.

Evelyn Brody revised Chapter 6 into Council Draft No. 7 for the American Law Institute (ALI) project on Principles of the Law of Nonprofit Organizations, for which she is the Reporter. At the direction of the ALI Council, she will revise this Chapter for consideration by the ALI membership at its May 2011 Annual Meeting.

As the ALI Liaison to the Uniform Law Commission’s Protection of Charitable Assets Act project, Professor Brody participated in three-day drafting sessions in November 2010 and in February 2011. The project is scheduled for its second reading at the ULC’s Annual Meeting in July 2011.

Professor Brody presented “The Legal Framework” for the panel on “The Big Picture – Historical, Legal, Economic, and Policy Frames,” at a Symposium on Public Policy for Nonprofits organized by ARNOVA (Association for Research on Nonprofit Organizations and Voluntary Action) and the Gates Foundation in Baltimore in October 2010. This working meeting of experts from nonprofits, government, think-tanks, and universities was designed to spur research on how public policy affects the work of U.S. nonprofit organizations. Professor Brody’s outline will appear in the project’s Working Paper and Report on “Critical Public Policy Issues for the Nonprofit Sector” (scheduled for early 2011). She will develop her outline for her invited lead article in the Fall 2011 issues of ARNOVA’s journal, Nonprofit & Voluntary Sector Quarterly.

Professor Brody presented her draft article, “Sunshine and Shadows on Charity Governance: Public Disclosure as a Regulatory Tool,” at the University of Illinois & Chicago-Kent College of Law Faculty Forum in Chicago in November 2010, and to the Chicago Bar Association Committee for Trade and Professional Associations Law in January 2011. Her proposal to discuss this topic been accepted for the session on Emerging Issues at the 2011 Internal Revenue Service Research Conference in Washington, DC in June 2011.

She presented this paper as well at ARNOVA’s 38th Annual Conference in Alexandria, Virginia, in November 2010. Also at that conference, Professor Brody presented her co-authored chapter, The Tax Treatment of Nonprofit Organizations, at the panel on the Urban Institute book Nonprofits and Government: What Has Changed Since 2006?; participated in a colloquy on “How Can We Balance Legitimate Public Regulation of Nonprofits with First Amendment Freedoms?”; and presented All Charities Are Property-Tax Exempt, But Some Charities Are More Exempt than Others, 44 New Eng. L. Rev. 621 (2010).

Professor Brody was an invited participant at “Nonprofit Speech in the 21st Century: Time for a Change?,” the Annual Conference of the National Center on Philanthropy and the Law, New York University School of Law in October 2010.

Ralph Brill received the first Brill Award at a reception held during the Association of American Law Schools Annual Meeting in San Francisco. The Association of Legal Writing Directors established an award to honor Professor Brill in recognition of his more than 50 years of service in the legal academy.

Christopher Buccafusco spoke on “Making Sense of Intellectual Property” at the Works in Progress Intellectual Property Colloquium at Boston University in February 2011.

David Gerber gave two university lectures in November 2010 at the law faculty of Aix-en-Provence in France.

In one, he presented central themes from his most recent book Global Competition: Law, Markets and Globalization.

In the other, his topic was “The Role of Economics in Global Regulatory Convergence.”

While in Aix-en-Provence, he also served as a member of the jury for the awarding of a PhD in the faculty of law.

In December 2010, Professor Gerber gave the keynote lecture for one of the three principal sessions of a week-long set of meetings of the United Nations Conference on Trade and Development (UNCTAD) in Geneva, Switzerland. The title of his lecture was “Constructing Competition Law and Policy for Countries at Varying Levels of Economic Development.” During his stay, he also presented a lecture introducing his book on global competition.

Douglas Godfrey taught at the China University of Political Science and Law in Beijing for several weeks in December. His classes introduced the students to American legal analysis and writing.

Professor Godfrey is active in a campus-wide working group considering the ramifications of social media, such as Facebook.

Philip Hablutzel participated in a three-day conference of the Derivatives and Futures Law Committee of the American Bar Association in early February 2011. The conference concentrated on the drafting of new Commodity Futures Trading Commission regulations for exchange-trading and clearing of swaps. On February 11, 2011, he spoke at the Illinois State Bar Association on those topics and related issues in the implementation of the Dodd-Frank Act on securities and banks.

In January 2011, Professor Hablutzel was re-appointed to a seventh one-year term as a Public Member of the disciplinary committee of the Chicago Board Options Exchange.

Steven Harris recently completed his service as Reporter for the Joint Review Committee on Uniform Commercial Code Article 9. The amendments that the Committee recommended have begun to be introduced in state legislatures.

Professor Harris continues to serve as the Commercial Law Coordinator for the United States delegation with respect to the Space Assets Protocol to the Cape Town Convention.  In that capacity he participated in a meeting of the Informal Working Group on Default Remedies as well in consultation with representatives of the international commercial space and financial communities.

Richard Kling presented a lecture last month for the Southwestern Suburban Bar Association for approximately 150 lawyers and judges. His topic was the new Illinois Rules of Evidence, effective January 1 of this year. In April he will speak on the same topic at the Criminal Law Committee of the Chicago Bar Association.

Professor Kling will present a lecture at the National Association of Criminal Defense Lawyers’ mid-year conference in San Antonio later this month where his topic will be “Forfeiture by Wrongdoing.”

Edward Lee presented “Measuring TRIPS Compliance and Defiance” at the Conference on 15 Years of TRIPS Implementation at the University of Georgia School of Law in January 2011.

Professor Lee presented his paper, “Measuring TRIPS Compliance and Defiance” at the 2011 Works-in-Progress Intellectual Property Colloquium at Boston University School of Law in February 2011.

Jacqueline Leimer will speak at the annual Advanced Trademark Law Conference to be held in Minneapolis on March 2, 2011. Professor Leimer will sit on two separate panels discussing “Strategies for Dealing with ‘Trademark Bullies'” and “Trademark Due Diligence in Mergers and Acquisitions.” The conference is sponsored by the Minnesota State Bar Association.

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

In his capacity as a member of the Federal Service Impasse Panel, he issued an interest arbitration award which established the terms of the first national master collective bargaining agreement between the National Treasury Employees Union and the U.S. Department of Homeland Security, Bureau of Customs and Border Protection.

Professor Malin’s study of the effects of legally recognizing a right of public employees to strike, Public Employees’ Rights to Strike: Law and Experience, 26 U.  Mich. J. L. Reform. 313 (1993), was discussed extensively in an article in Crain’s Cleveland Business on January 31, 2011, reporting on proposals from Ohio Governor Kacich to amend the Ohio public sector collective bargaining statute to, among other things, prohibit strikes by all Ohio public employees.

Nancy Marder will present a paper, “In the Absence of Law and Justice,” as part of a panel on “Law and African-American Cultural Production” at the 14th Annual Meeting of the Association for the Study of Law, Culture & the Humanities on March 10, 2011.  The conference will be held at the University of Nevada – Las Vegas, William S. Boyd School of Law in Las Vegas, Nevada.

On March 25, 2011, Professor Marder will give a presentation to the Illinois Attorney General’s Office on the movie “12 Angry Men” and what it teaches about juror behavior and the role of the jury. The presentation is part of the Office’s in-house professional development program for its 362 Assistant Attorneys General.

Henry Perritt has been appointed to the Board of Directors of The Artistic Home, an off-Loop theatre company.

Professor Perritt has also been appointed to the Scholarship Committee of the SAE Foundation, an arm of the national fraternity that awards undergraduate scholarships throughout the country.

César Rosado Marzán presented “Power to Frame: The Human Rights Turn on Labor Rights in Chile and the Role of State Power,” at West Meets East: The International Labor Organization from Geneva to the Pacific Rim, a conference held at University of California, Santa Barbara in February 2011.

“Labor Inspection in Chile,” was Professor Rosado Marzán’s topic at the American Bar Association’s 4th Annual Section of Labor and Employment Law Conference in Chicago in November 2010. His presentation was part of the Fundamentals Track Panel, “Over There, Over There: Introduction to International Labor and Employment Law in the Most Economically Significant International Geographic Regions.”

Christopher Schmidt was recently appointed to a three-year term as a Faculty Fellow at the American Bar Foundation. He has also been appointed to the American Society for Legal History’s Kathryn T. Preyer Memorial Prize Committee.

Professor Schmidt’s recent presentations include:

A paper titled “Divided by Law:The Sit-Ins, Legal Uncertainty, and the Role of the Courts in the Civil Rights Movement,” at the American Bar Foundation’s Research Seminar;

A study of recent scholarship on the Supreme Court at the Junior Faculty Workshop at Washington University, the University of Illinois & Chicago-Kent Faculty Forum, and the Constitutional Law Colloquium at Loyola University Chicago School of Law; and

A paper on the Tea Party and the Constitution at the Chicago Bar Association’s Committee on Civil Rights and Constitutional Law and at a conference organized by the Byron R. White Center for the Study of American Constitutional Law at the University of Colorado.

David Schwartz presented 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 at Northwestern University School of Law/The Searle Center in November 2010. He also presented the paper at the Empirical Studies of IP Conference held at the University of San Diego Law School in December 2010.

Professor Schwartz moderated a panel on “The Use of ADR in Intellectual Property Disputes” for the Intellectual Property Law Association of Chicago in February 2011.

He is scheduled to present his paper “Retroactivity and the Federal Circuit” at the Work-in-Progress IP Conference held at Boston University College of Law in February 2011.

Professor Schwartz is a co-founder of “The Patent Conference,” an annual scholarly conference relating to patent law. The inaugural conference will be at the University of Kansas School of Law in May 2011.

Christopher Seaman’s paper “Willful Patent Infringement and Enhanced Damages after In Re Seagate: An Empirical Study” was one of nine articles selected from law professor submissions for a $10,000 award in the inaugural Samsung-Stanford Patent Prize Competition. Professor Seaman will present his paper at a conference on the subject of patent remedies to be held at Stanford Law School on February 18, 2011.

On December 7, 2010, Professor Seaman gave a junior faculty workshop presentation at Chicago-Kent on his current work-in-progress, “Toward an Optimal Regime for Joint Ownership in Patent and Copyright Law.”

Carolyn Shapiro made a presentation as part of the Constitutional Rights Foundation Chicago’s Supreme Court Institute for high school teachers in August 2010. She moderated a panel on the economy and the workforce at the 2010 Institute for Law and the Workplace Members’ Conference.

Professor Shapiro was a commentator at the 2010 Conference on Empirical Legal Studies at Yale Law School.

Professor Shapiro is counsel to the plaintiff-respondent in the consolidated cases of Camreta v. Greene and Alford v. Greene, which are being argued by other counsel in the case in the U.S. Supreme Court on March 1, 2011.

Ozan Varol continues to comment on the recent changes to the Turkish judiciary. His latest commentary is here.

Richard Warner presented “Developing Foundations for Accountability Systems: Informational Norms and Context-Sensitive Judgments” at the Workshop on Governance of Technology, Information, and Policies, 2010 Annual Computer Security Applications Conference in Austin, Texas. (with Robert Sloan).

He was invited to present “Informational Privacy: Norms, Coordination, Hockey Helmets, and a Role for Legislation” at the Fourth Annual Privacy Law Scholars Conference in Berkeley in June 2011. (with Robert Sloan).

Professor Warner was also invited to present “Vulnerable Software: Product-Risk Norms and the Problem of Unauthorized Access,” at the Workshop on Cybersecurity Incentives in June 2011 at George Mason University in Washington DC, (with Robert Sloan).

Richard Wright co-organized and co-hosted, along with the Institute for European Tort Law in the Austrian Academy of Sciences, a conference in December 2010 in Vienna, Austria, on Medical Malpractice and Compensation in Global Perspective, which brought together experts from 14 countries and every continent except Antarctica.  Papers from the conference will be published in two issues of the Chicago-Kent Law Review and by Walter de Gruyter in Berlin, Germany as part of the Tort and Insurance Law Series of the European Centre on Tort and Insurance Law.

Professor Wright also participated in the drafting of an amicus curiae law professors’ brief in Graves vs. CAS Medical Systems, Inc., in the South Carolina Court of Appeals, on the nature and use of circumstantial evidence in product liability cases.

Research in Progress – February 2011

Richard Kling is in the process of updating his Illinois Criminal Defense Motion Manual (Lexis Publishing).

Nancy Marder spent several weeks at the Old Bailey in London, observing jury trials and other court proceedings in December 2010. The Old Bailey hears serious criminal cases, and Professor Marder observed jury trials on issues as diverse as gang murder, sexual abuse, and fraud. She interviewed a number of judges, barristers, and court personnel on jury practices so that she could make comparisons between practices in the UK and the United States.

Professor Marder’s observations will appear in an article entitled Two Weeks at the Old Bailey: Jury Lessons from England, in a symposium of the Chicago-Kent Law Review on Comparative Jury Systems. This symposium will contain articles about juries and other forms of lay participation in a number of different countries.  Professor Marder is the Symposium Editor and will also write an Introduction for the symposium.

Joan Steinman is working on her article on appellate courts as first responders – that is, the constitutionality and propriety of appellate courts’ resolving issues in the first instance.

Professor Steinman is working on the 2012 Pocket Parts to volumes 14B and 14C of Wright & Miller, Federal Practice & Procedure.

Richard Warner has a book in progress, Enjoyment, Beauty, and Art (with Sean Stidd and Steven Wagner).

Publications – February 2011

Lori Andrews has two forthcoming articles:

Sculpting Public Policy through Bioart, in Art et Biotechnologies, (Ernestine Daubner and Louise Poissant, eds., University of Quebec: Quebec, forthcoming 2011) (with Jalissa Bauman Horne).

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 2011) (with Julie Burger).

Professor Andrews recently published the article Privacy, Please: How Facebook Jeopardizes Your Private Life, Playboy 167-168 (January 2011).

Felice Batlan has published The Birth of Legal Aid: Gender Ideologies, Women, and the Bar in New York City, 1863-1910, 28 Law & Hist. Rev. 931 (2010).

Christopher Buccafusco has written a review of David H. Kaye, The Double Helix and the Law of Evidence, ___ Law & Hist. Rev. ___ (forthcoming 2011).

The Creativity Effect, U. Chi. L. Rev. (forthcoming 2011) (with Christopher Sprigman).

Richard Gonzalez and Laurie Leader co-authored the current supplement to the Lineman & Grossman treatise, Employment Discrimination Law. The supplement was published by BNA in December 2010.

Steven Harris has completed the fifth edition of his casebook, Security Interests in Personal Property. Foundation Press will publish the book, which includes new materials on the 2010 amendments to UCC Article 9, in time for fall classes (with Charles W. Mooney, Jr.).

The Gonzaga Law Review will publish Using First Principles of UCC Article 9 to Solve Statutory Puzzles in Receivables Financing in a symposium issue commemorating the tenth anniversary of revised UCC Article 9 (with Charles W. Mooney, Jr.).

Richard Kling wrote an article published in December by the Illinois Association of Criminal Defense Lawyers on “Forfeiture by Wrongdoing” (the so-called Drew Peterson hearsay exception).

Harold Krent published The Private Performing the Public: Delimiting Delegations to Private Parties, as part of a symposium, 65 U. Miami L. Rev. 507 (2011).

Martin Malin’s book, Public Sector Employment: Cases and Materials (2d ed. Thomson/West 2011) has been published.

Nancy Marder wrote a dedication piece to Justice Stevens, Jurisprudence of Respect, which will be published in 44 Loyola L.A. L. Rev. ___ (2011) as part of its inaugural Supreme Court issue. This Supreme Court issue will be in honor of Justice Stevens and his work on the Court and retirement from the bench.

David Schwartz’s book review of David Hricik, Patent Ethics: Litigation will be forthcoming in the IP Law Book Review.

Carolyn Shapiro has published two articles:

Oral Dissenting in the Supreme Court, 19 Wm & Mary Bill Rts. J. 75 (2010) (with Christopher Schmidt).

The Context of Ideology: Law, Politics, and Empirical Legal Scholarship, published 75 Mo. L. Rev. 79 (2010).

Michael Spak has published Medical Records Retention Guide, 3d ed (Veterans Press, 2011) (with Jonathan Tomes).

Joan Steinman has completed work on the 2011 Pocket Parts to volumes 14B and 14C of Wright & Miller, Federal Practice & Procedure and they are forthcoming.

Dan Tarlock has published Tribal Justice and Property Rights: The Evolution of Winters v. United States, 51 Nat. Resources J. 471 (2010).

Richard Warner has a forthcoming book, law review article, two chapters, and an encyclopedia entry:

Unauthorized Access: The Crisis in Online Privacy and Information Security (Chapman and Hall/CRC, forthcoming 2011) (with Robert Sloan).

Norms Undermined: The Corrosive Effect of Information Processing Technology on Informational Privacy, ___ Saint Louis U. L. Rev. ___ (forthcoming 2011).

The Undermining Impact of Information Processing on Informational Privacy, in Rights of Personality in the XXI Century (Justyna Balcarczyk, ed. Wolters-Kluwer, forthcoming 2011) (with Robert Sloan).

Local or Global?:  Morals from Federal Preemption Doctrine, in Federalism or Unitary System? Determinants, Effects, and the Influence on the Legal Regulation of States (Katarzya Machowska, ed., Catholic Univ. of Lublin, forthcoming 2011).

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

Professor Warner has published his article, Turned On Its Head?: Norms, Freedom, and Acceptable Terms in Internet Contracting, 14 J. Internet Law 18 (2010).