Monthly Archives: April 2011

Faculty Activities – April 2011

Kimberly Bailey was invited to present on a panel at Washington University Law School’s Access to Equal Justice Colloquium, “Race to Justice: Mass Incarceration and Masculinity Through a Black Feminist Lens” in St. Louis in March 2011.

She will present “Ain’t Nobody’s Business: the Persistence of the Privacy Norm” as a work-in-progress at the Law and Society Association Annual Meeting in San Francisco on June 4, 2011.

Professor Bailey has been invited to present “Ain’t Nobody’s Business: the Persistence of the Privacy Norm” at the AALS Women and the Law Section’s Annual Meeting in Washington DC on June 22, 2011.

Christopher Buccafusco will present “Making Sense of Intellectual Property Law” at the Midwest Junior Faculty Conference at Washington University Law School on May 13, 2011.

Professor Buccafusco has been invited to speak on the “creativity effect” at the Workshop for Junior Researchers on the Law & Economics of Intellectual Property and Competition Law, organized by the International Max Planck Research School for Competition and Innovation and the Professorship for Intellectual Property at ETH Zurich. The conference will be held in Munich June 5-7, 2011.

David Gerber gave the following lectures and workshops during the last few months:

In March 2011:

Lectures on Global Competition Law at Faculty of Law, University of Milan and at Faculty of Law, Bocconi University in Milan, Italy.

A lecture on Comparative Law and Global Economic Integration at Faculty of Law, University of Turin, Italy.

In January 2011:

Lectures on Global Competition Law at Faculty of Law, University of Rome (Sapienza) and at European University Institute, Florence, Italy.

A lecture on Economics and Global Regulatory Convergence at Toulouse School of Economics, Toulouse, France.

LUISS (Independent International University of Social Studies) Guido Carli University, Rome, and the University of Rome (Sapienza) co-sponsored a workshop on Professor Gerber’s recent book, Global Competition: Law, Markets and Globalization (Oxford University Press, 2010). Scholars from many universities throughout Italy gave presentations on the book and its themes. Professor Gerber’s role was to draw these various presentations together and comment on them.

In December 2010 Professor Gerber lectured on Competition Law and Asian Economic Integration at the Asia Competition Forum in Hong Kong.

Richard Gonzalez has been invited to speak at the Practising Law Institute’s Annual Institute on Employment Law in New York City in October 2011.

Philip Hablutzel organized and was a panelist on two television shows for the Cable TV Committee of the Illinois State Bar Association in March 2011. Both will be broadcast at 10:00 p.m. on CAN-TV Cable Channel 2: “Covenants Not To Compete” on May 10 & 24 and “Choice of Business Entities” on May 17 & 31.

Edward Lee was an invited commentator on junior faculty scholarship at the 4th Annual Junior Scholars in Intellectual Property Workshop at Michigan State University College of Law in April 2011.

Also in April Professor Lee presented a talk on “Enforcement of TRIPS by BRIC and Developing Countries” at a conference on the TRIPS Agreement at Thomas Jefferson School of Law in San Diego, California.

The U.S. Supreme Court agreed to hear a case in fall 2011 that Professor Lee helped to develop ten years ago while he worked at the Stanford Center for Internet and Society. The case, Golan v. Holder, is a constitutional challenge to Section 514 of the Uruguay Round Agreements Act, which removes thousands of foreign works from the public domain in the U.S. and grants them “restored copyrights.”

Nancy Marder has organized two panels, for which she will serve as chair and discussant, at the upcoming Law and Society Association Annual Meeting in San Francisco. The first panel is entitled “Comparative Jury Systems: Australia, Canada, England, and Wales” and will take place on June 2, 2011. The second panel is entitled “Comparative Jury Systems: Germany, Japan, South Korea, Russia, and Spain” and will take place on June 4, 2011. The panelists come from all of the countries included in the panel titles.

On June 23, 2011, Professor Marder will give a presentation entitled “Helping Your Case: Making the Case for Juror Questions” at the “National Jury Summit: The Jury Trial of the 21st Century,” organized by the American Board of Trial Advocates in Chicago. On the following day, she will lead a discussion on “Jury Trial Innovations.”

Sheldon Nahmod spoke on Section 1983 to newly confirmed federal district court judges at a program regularly presented by the Federal Judicial Center in Washington, DC in November 2010. Professor Nahmod has participated in this program for more than twenty years.

Also in November, Professor Nahmod spoke on Section 1983 to the Iowa Municipal Attorneys Association in Des Moines.

In April 2011, Professor Nahmod organized and spoke at Chicago-Kent’s 28th Annual Conference on Section 1983. The Conference was attended by lawyers from around the country and featured nationally known experts on the subject.

Professor Nahmod’s blog on Section 1983 and constitutional law,, has now more than 20,000 views.

Henry Perritt spoke as a panelist on Chicago’s attitude toward indie musicians and moviemakers at the Chicago International Music and Movie Festival in April 2011.

Christopher Schmidt served as a paper commentator at “‘We Must First Take Account’: A Conference on Race, Law, and History in the Americas,” at the University of Michigan Law School in April 2011.

Also in April Professor Schmidt presented a paper, “The United States and the Making of the Iraqi Constitution of 2005,” at The Dartmouth/Middle East Connection: A Symposium in Honor of Professor Gene R. Garthwaite, at Dartmouth College.

David Schwartz presented his paper “Retroactivity and the Federal Circuit” at the Work-in-Progress IP Conference at Boston University College of Law in February 2011.

Professor Schwartz presented his paper “Contingent Representation in Patent Litigation” at The Patent Conference at the University of Kansas School of Law in April 2011. Professor Schwartz was a co-founder and Chicago-Kent a co-host of the Conference.

He is scheduled to present his paper “Legal Scholarship and the United States Supreme Court: An Empirical Study” (with Lee Petherbridge) at the Law and Society Association Annual Meeting in San Francisco in June 2011. Also at the Annual Meeting Professor Schwartz is scheduled as a participant in a session entitled “Roundtable – Empirical Studies of Intellectual Property.”

Professor Schwartz was elected to the Board of Managers of the Intellectual Property Law Association of Chicago (IPLAC).

Christopher Seaman presented his paper “Willful Patent Infringement and Enhanced Damages After In re Seagate: An Empirical Study,” at the Inaugural Samsung-Stanford Conference on Patent Remedies at Stanford University Law School in February 2011. Professor Seaman’s article was one of nine selected from law faculty submissions for a $10,000 award and inclusion in the conference.

In April 2011, Professor Seaman gave a presentation at the first annual Patent Conference at the University of Kansas Law School. Professor Seaman discussed his current work-in-progress, “Toward an Optimal Regime for Joint Ownership in Patent and Copyright Law,” which evaluates a number of issues associated with joint ownership of IP rights and proposes some potential solutions.

Andrew Spalding presented his forthcoming article, The Irony of International Business Law, at the law schools at Ohio State, Cincinnati, and the University of Dayton in April 2011. Professor Spalding has also been invited to contribute an article to a symposium at the University of Wisconsin Law School.

He will be a visiting professor at Istanbul University Faculty of Law from April 22 to June 1.

Ronald Staudt will present “The Emergence of Knowledge Analysis,” at the Harvard Club in New York on May 18, 2011.

He will speak on “The Justice and Technology Clinic: A New Model of Delivery,” at the International Legal Aid Group in Helsinki, Finland on June 16, 2011.

“Apps 4 Justice: Technology and Access to Justice,” was his topic at Future Ed 3, a conference at New York Law School in April 2011. Apps 4 Justice was honored at the conference as the best idea for improving the scope of legal education.

Professor Staudt presented “Enterprise Search – The New KM,” at LegalTech New York in February 2011.

He was elected Vice President of the College of Law Practice Management for two years: 2010-2012.

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

Dan Tarlock presented his paper, “Is a Non-Positive, Substantive Environmental Law Possible?” at a Faculty Workshop at University of Iowa College of Law in Iowa City in March 2011. The paper will be published in 1 U. Mich. J. Envt’l & Admin. L. ___ (2011)

Professor Tarlock presented his paper, “How Well Can Water Law Adapt to Climate Change?” at an invitational Conference on Climate Change Adaptation at the Searle Center, Northwestern University Law School in Chicago in April 2011.

He was a lecturer for the special six session course, “Planning for Water” at the Annual Meeting of the American Planning Association in Boston in April 2011.

Ozan Varol was invited to chair a panel on constitutional controversies over religion at the Law and Society Association Annual Meeting in San Francisco in June 2011 and to serve as a discussant at a separate works-in-progress panel on courts and trials. At the meeting, Professor Varol will also present his forthcoming article, Can Originalism Undermine Judicial Independence?:The Comparative Anatomy of a Successful Court-Packing Plan (forthcoming in the Vanderbilt Journal of Transnational Law). He presented the same paper at a Chicago-Kent Faculty Workshop on April 20, 2011.

Richard Warner applied for a National Science Foundation grant in February. His project, a joint effort with University of Illinois-Chicago is Interdisciplinary Teaching and Research for Ethics and Technology: An Innovative Model. The grant application requests $300,000 in funding for three years.

In May, Professor Warner will visit Kyiv University of Law of the National Academy of Sciences of Ukraine to finalize arrangements to open a School of American Law along the lines of the Schools of American Law he directs in Gdansk and Wroclaw in Poland, and in Kharkiv, Ulraine.

Richard Wright taught intensive courses on Comparative Tort Law: Principles and Practice, at the Universities of Gdansk and Wroclaw in Poland in March 2011.

He will present lectures to several other international audiences in the next couple of months:

“Natural Causation,” Faculties of Law and Philosophy, University of Bonn, Germany, May 27, 2011.

“Acts, Omissions, and Negative Causation,” Workshop of the Sub-Project on Causation and Law of the Inter-University Project on Causation, Laws, Dispositions, Explanations at the Intersection of Science and Metaphysics, University of Cologne, Germany, May 27, 2011.

“NESS Theories of Causation,” Workshop of the Sub-Project on Causation and Law of the Inter-University Project on Causation, Laws, Dispositions, Explanations at the Intersection of Science and Metaphysics, University of Aachen, Germany, May 30, 2011.

“Causal Analysis in the USA and the Commonwealth,” Conference on Causation in Tort II, Continuing Legal Education Society of British Columbia, Vancouver, Canada, June 2, 2011.

Research in Progress – April 2011

Nancy Marder is working on the production of a symposium entitled “Comparative Jury Systems,” which she has organized for the Chicago-Kent Law Review. The symposium includes articles from ten contributors who have written about jury systems all over the world. The symposium begins with a Foreword by Judge Brian Barker, the Common Serjeant of London and Deputy Senior Judge at the Central Criminal Court, Old Bailey. Professor Marder, who is the Symposium Editor, has also contributed an article entitled Two Weeks at the Old Bailey: Jury Lessons from England and an Introduction. The symposium will be published this spring.

Sheldon Nahmod has been on leave for spring semester 2011 in order to study the papers of various Supreme Court justices at the Library of Congress in Washington, DC. His project involves an historical analysis of important Supreme Court cases on Section 1983 beginning with the first, Tenney v. Brandhove, handed down in 1951.

Henry Perritt is working on a new article on how the law should mitigate search and holdup costs when creators of new entertainment works seek to clear copyright permissions.

Joan Steinman is completing her article, Appellate Courts as First Responders: The Constitutionality and Propriety of Appellate Courts Resolving Issues in the First Instance. The article addresses questions such as “Do Article III or Congressional statutes speak to federal appellate authority to address new issues – and, if so, what do they say?” and “What guidance has the Supreme Court given with respect to appellate courts’ proper role in regard to new issues?”

Professor Steinman is also completing a 2011 Teachers’ Update for Appellate Courts: structures, functions, processes and personnel (2d ed., LexisNexis, 2006) (with Daniel J. Meador and Thomas E. Baker).

She is planning an article on the questionable constitutionality of the Energy Policy Act. The Act provides that claims alleging actual or threatened water contamination by MTBE may be removed to federal court. Some of these claims will not constitute “federal questions,” the Act does not require that a federal defense be asserted, and it does not require even minimal diversity among the parties.

Professor Steinman is starting work on the 2012 pocket parts for volumes 14B and 14C of Wright & Miller, Federal Practice and Procedure.

Publications – April 2011

Kimberly Bailey’s article, Lost in Translation: Domestic Violence, ‘The Personal is Political,’ and the Criminal Justice System, was published in 100 J. Crim. L. & Criminology 1255 (2010).

Fred Bosselman wrote the introduction for the Chicago-Kent Law Review symposim issue on Energy Law, which has now been published. Professor Bosselman also has an article in the Energy Law symposium issue,Green Diesel: Finding a Place for Algae Oil, 86 Chi.-Kent L. Rev. 291 (2011).

Professor Bosselman’s article, The Future of Electricity Infrastructure, is forthcoming in Urban Lawyer.

Professor Bosselman has a chapter, The Loneliness of the Long Distance Runner: Nuclear Power in the Twenty-First Century in Climate Change: A Reader (W. Rodgers, ed., Carolina Academic Press, forthcoming May 2011).

Christopher Buccafusco’s article Making Sense of Intellectual Property Law will be published in 97 Cornell L. Rev. ___ (forthcoming 2012).

Philip Hablutzel’s new chapter, Dissociation, Mandatory Liquidation or Mandatory Buyouts of Partnerships, in the revised practice manual, Illinois Business Law: LLCs and Partnerships, was published by IICLE in January 2011.

Steven Heyman has published his article, The Dark Side of the Force: The Legacy of Justice Holmes for First Amendment Jurisprudence, 19 Wm. & Mary Bill Rts. J. 661 (2011).

Sheldon Nahmod has published his article, Justice Souter on Government Speech, 2010 BYU L. Rev. 2097 (2010).

Henry Perritt has published two articles:

New Business Models for Music, 18 Vill. Sports & Ent. L. J. 63 (2011).

Technologies of Storytelling: New Models for Movies, 10 Va. Sports & Ent. L. J. 106 (2010).

David Rudstein’s article Re-Trying the Acquitted in England, Part III: Prosecution Appeals Against Judges’ Rulings of “No Case to Answer,” was accepted for publication in the San Diego International Law Journal.

Christopher Schmidt’s article, Popular Constitutionalism on the Right: Lessons from the Tea Party, is forthcoming in 88 Denv. U. L. Rev. ___ (2011).

He also has book reviews published or forthcoming in Law and History Review, Alabama Review, and Continuity and Change.

David Schwartz’s book review of David Hricik, Patent Ethics: Litigation was published, 1 IP L. Book Rev. 93 (2011).

Professor Schwartz’s article, Legal Scholarship and the United States Court of Appeals for the Federal Circuit: An Empirical Study of a National Court has been accepted for publication, 26 Berkeley Tech. L.J. ___ (forthcoming 2012) (with Lee Petherbridge).

Christopher Seaman’s article Reconsidering the Georgia-Pacific Standard for Reasonable Royalty Patent Damages, was recently published, 2010 BYU L. Rev. 1661 (2010).

Professor Seaman’s article Willful Patent Infringement and Enhanced Damages After In re Seagate:  An Empirical Study, has been accepted for publication, 97 Iowa L. Rev. ___ (forthcoming 2011).

Andrew Spalding’s article, The Irony of International Business Law, was accepted for publication by theUCLA Law Review.

Ronald Staudt has published his chapter, Apps 4 Justice: Technology and Access to Justice, in Educating the Digital Lawyer (Oliver Goodenough and Marc Lauritsen, eds., Berkman Center at Harvard University, 2011).

Professor Staudt has also published a White Paper, The Emergence of Knowledge Analysis, Change and Knowledge Management in Large Law Firms (LexisNexis, 2010.)

Joan Steinman’s 2011 Pocket Parts to volumes 14B and 14C of Wright & Miller’s Federal Practice and Procedure will be published in spring 2011.

Stephanie Stern’s article, Reassessing the Citizenship Virtue of Homeownership, will be published in 100Colum. L. Rev. ___ (forthcoming 2011).

Professor Stern’s article, Smart-Grid: Technology and the Psychology of Environmental Behavior Change, has been published in 86 Chi.-Kent L. Rev. 139 (2011).

Dan Tarlock has published three articles:

Water Demand and Energy Production in a Time of Climate Change, 5 Envtl. & Energy L. & Pol’y J. 325 (2010).

The Legal-Political Barriers to Ramping Up Hydro, Symposium on Energy Law, 86 Chi.-Kent L. Rev. 259 (2011).

White Paper, Making Good Use of Adaptive Management (Center for Progressive Reform, Washington, DC, 2011) (with Holly Doremus et al.).

Ozan Varol has published Strict in Theory, But Accommodating in Fact?, 75 Mo. L. Rev. 1243 (2010).

Professor Varol also has a forthcoming article, Can Originalism Undermine Judicial Independence?: The Comparative Anatomy of a Successful Court-Packing Plan, 45 Vand. J.Transnat’l L. ___ (forthcoming Nov. 2011).

Richard Warner has a forthcoming article, Vulnerable Software: Product-Risk Norms and the Problem of Unauthorized Access, ___ U. Ill. J. Tech. L. & Pol’y  ___ (forthcoming 2012) (with Robert Sloan).

Richard Wright has completed final edits on three forthcoming chapters:

Private Nuisance Law: A Window on Substantive Justicein Rights and Private Law (Donal Nolan and Andrew Robertson eds., Hart Publishing, 2011).

Proving Causation: Probability Versus Belief is ch. 10 and The NESS Account of Natural Causation: A Response to Criticisms is ch. 14 in Perspectives on Causation (Richard Goldberg ed., Hart Publishing, 2011).

Professor Wright has several other forthcoming articles:

Coherent Realism in Law and Philosophy, in Symposium, Michael Moore’s Causation and Responsibility, 2Jurisprudence ___ (2011), and

Introductions (with Ken Oliphant) to the Symposiums on Medical Malpractice and Compensation in Global Perspective, in issues 86:3 and 87:1 of the Chicago-Kent Law Review.