Monthly Archives: August 2011

Faculty Activities – August 2011


Lori Andrews recently gave a presentation entitled Patients, Patents, and Profits, at the Pediatric Pharmacogenomics and Personalized Medicine Symposium at Children’s Mercy Hospital in Kansas City, Missouri in April 2011. She presented a talk, The Impact of Gene Patents on Research and Health Care, to the Dr. John T. MacDonald Foundation Department of Human Genetics at the University of Miami in Miami, Florida in April 2011 and spent the day meeting with a series of physicians, lawyers and ethicists regarding their genetic policy concerns. Additionally, she gave a presentation, The Gene Patent Controversy: Who Owns Your DNA? at the Florida Bar’s 2nd Annual Intellectual Property Symposium in Fort Lauderdale, Florida in April 2011. She will be giving a presentation to FBI Special Agents about social networks in September 2011.

Professor Andrews filed an amicus brief on behalf of medical organizations and attended oral arguments at the Federal Circuit Court of Appeals for Association for Molecular Pathology v. United States Patent and Trademark Office in Washington, D.C. in April 2011. The Federal Circuit released its decision on July 29, 2011 reversing the district court in holding that gene sequences are patentable subject matter and affirming the district court in holding that Myriad’s methods of comparing or analyzing gene sequences are not patentable subject matter.

In April 2011, Professor Andrews was interviewed for a documentary about her bioethics work for the Lincoln Biohistory Study Group with the Chicago History Museum. In June 2011, she was interviewed for a documentary about Michael Crichton, which will be included in the enhanced e-book edition of Crichton’s NEXT.

Professor Andrews continues to serve on the Bioethics Advisory Council of the March of Dimes Foundation. She is also serving as a founding board member for a forthcoming Chicago museum—a branch of the National Museum of Health and Medicine.

Ralph Brill participated in a panel discussion at the 2011 Annual Conference of the Southeastern Association of Law Schools (SEALS) entitled, What is a Law Professor? – Consequences (Intended or Unintended) of Proposed Changes to ABA Standard 405. The discussion focused on the alternative proposals pending before the American Bar Association’s Standards Review Committee on whether tenure or other forms of job security ought to be mandated as part of the ABA’s accreditation of law schools. Professor Brill’s role was primarily to debate New York Law School Dean (and former dean at Chicago Kent) Richard Matasar, a proponent of abolishing any requirements for job security provision in the accreditation standards.

Professor Brill attended and participated in the following conferences this summer: the Biannual A.L.W.D. Conference in Sacremento, California (The Association of Legal Writing Directors); the Summer Conference of the Institute for Law Teaching and Learning in New York City; the Empire State Legal Writing Conference in New York City; the 12th Annual Burton Awards at the Library of Congress in Washington, D.C.

In addition, he attended the meetings of the American Bar Association Standards Review Committee in Chicago and in Minneapolis. Finally, Professor Brill was appointed to an ABA site inspection team for a September review of a law school being considered for accreditation by the ABA.

Christopher Buccafusco presented Making Sense of Intellectual Property at the Intellectual Property Scholars Conference at DePaul University College of Law in August.

David Gerber has participated in the following speaking engagements since spring 2011: Global Competition Law: Roles for China, Foreign Commerce section, Ministry of Commerce of the People’s Republic of China, April, 2011; Chinese Practitioners and Transnational Competition Law Issues, International Business section, Beijing Bar Association, April, 2011; Global Competition Law, Portuguese Competition Authority, Lisbon, Portugal, April, 2011; series of lectures, Global Competition Law, Catolica University, Lisbon, Portugal, April, 2011; Global Competition Law, Bocconi University, Milan, Italy, May, 2011; Competition Law and Comparative Law, Law Faculty, University of Turin, Italy, May, 2011; Competition Law and Transnational Relations, Faculty of Law, University of Milan, Italy, May, 2011; Lawyers, Economists and the Future of Transnational Competition Law, Tilburg Center for Law and Economics, Tilburg University, Netherlands, June, 2011; Global Issues Lecture Series, Faculty of Law, University of Osnabrück, Germany, 2011; Global Competition and Europe, Faculty of Law, King’s College, London, June, 2011; and as moderator and speaker, Conference on Competition Law and Economic Development, London, June, 2011.

Finally, Professor Gerber was a Visiting Fellow at the Tilburg Center for Law and Economics, Tilburg University, Netherlands, June, 2011.

Steven Harris served as the U.S. delegation’s Commercial Law Coordinator for the Cape Town Convention’s Protocol on Matters Specific to Space Property, and attended the fifth session of the Committee of Governmental Experts in Rome.

He was also elected to the Board of Regents for the American College of Commercial Finance Lawyers, and to life membership in The American Law Institute.

Steven Heyman gave a talk in March to the Chicago Lawyers Chapter of the American Constitution Society entitled It’s All Holmes’s Fault: Why Justice Holmes is Responsible for (Almost) Everything That’s Wrong with First Amendment Jurisprudence. The talk was based on Professor Heyman’s article, The Dark Side of the Force: The Legacy of Justice Holmes for First Amendment Jurisprudence, 19 Wm. & Mary Bill Rts. J. 661 (2011), which was published this spring.

Harold Krent lectured on the separation of powers in the United States at Universidad Sergio Arboleda in Bogotá, Colombia, in May.

Edward Lee was an invited speaker at the International Trademark Association (INTA) Annual Meeting, Academic Day Program in May 2011, where he presented his paper The Global Trade Mark.

He was an invited commentator at Michigan State University College of Law’s Fourth Annual Junior Scholars in IP conference in April 2011 and was an invited speaker at Thomas Jefferson School of Law’s conference on “The TRIPS Agreement Convention and the Integration of Intellectual Property Law: Convergence or Controversy?” in April 2011.

Professor Lee was also a moderator of a panel on “Social Media and IP” at the Law & Society Annual Meeting in June 2011 and was an invited speaker at the Beijing Institute of Technology in Beijing, China in May 2011, where he presented his paper Measuring TRIPS Compliance and Defiance: The WTO Compliance Scorecard.

Finally, Professor Lee was an invited speaker at the Journal of the Copyright Society of the USA Annual Meeting in June 2011 for a panel on Golan v. Holder.

Martin Malin chaired a panel on Value Added or Subtracted: How Charter Schools and Teacher Evaluations Square with Student Achievement and Collective Bargaining, at the 60th Annual Meeting of the Association of Labor Relations Agencies, on July 25 in Jersey City, NJ. The other members of the panel were the Chancellor of the D.C. Public Schools, the Commissioner of Education for the State of New Jersey, the Executive Director of the New Jersey Education Association and the Assistant Director for Innovation of the American Federation of Teachers.

Professor Malin also spoke on Worker Voice: The Impact of Collective Bargaining on Democracy, Innovation and Public Service, at a conference on The War Against Public Services and Public Employee Unions, sponsored by the Albert Shanker Institute in Washington, DC on June 9, 2011

He also moderated a program on What’s Happening in Wisconsin for the College of Labor and Employment Lawyers in Chicago on June 1, 2011.

Finally, Professor Malin chaired a debate on public employee collective bargaining cosponsored by the Illinois Labor History Society, the Federalist Society and the American Constitution Society at the Newberry Library on April 28, 2011.

Nancy Marder presented testimony, both written and oral, to the Illinois Supreme Court Rules Committee on May 20, 2011, in support of a proposed rule that would allow jurors to ask questions of witnesses in civil jury trials.

Sheldon Nahmod organized and spoke at the 28th Annual Conference on Section 1983, held at Chicago-Kent in April, 2011 and also spoke on Section 1983 at the convention of the National Association of Attorneys General in Chicago in July, 2011.

Henry Perritt was elected Vice President of The Artistic Home, an off-Loop theatre company, by its Board of Directors.

His new play, “Airline Miles,” had a successful first reading at The Artistic Home in May, and is scheduled for a workshop production in November.

Principal photography on a promotional trailer for Professor Perritt’s movie, “You Took Away My Flag: a Movie About Kosovo,” was completed this summer, in time for entry into the fall festival circuit.

Natalie Brouwer Potts is the new Director of the Center for Open Government at Chicago-Kent. Professor Potts will be actively litigating cases involving the Illinois Freedom of Information Act, Open Meetings Act and other taxpayer litigation. She will also be teaching a Clinic course on open government. The Center’s goal is to promote open, honest and accountable government in Illinois.

David Schwartz presented “Contingent Representation in Patent Litigation” at the IP Scholars Conference at DePaul University College of Law in August 2011. Professor Schwartz also participated in the panel “Roundtable on Empirical Studies of Intellectual Property” at Law & Society Annual Meeting in San Francisco in June 2011.

He was also elected to the Board of the Richard Linn Inn of Court and is serving as the Program Chair for 2011-2012.

Andrew Spalding spent six weeks this summer visiting at Istanbul University, where he taught an anti-corruption seminar and a comparative constitutional law course.

This fall, Professor Spalding will participate in, and contribute an article to, a two-day symposium on business law sponsored by the University of Wisconsin Law Review. He will then chair another panel this fall on corruption in India, also at the University of Wisconsin Law School.

Joan Steinman recently was recruited to work on a petition for rehearing and rehearing en banc to the Third Circuit in a case involving denial of a plaintiff’s motion to sue under a pseudonym. In 1985, Professor Steinman published the seminal article on the circumstances under which litigants should be permitted to sue under pseudonyms, and the test that she proposed in that article has been widely adopted by the federal courts. Both the test that district courts should use and the stringency of the abuse-of-discretion standard of review that the court of appeals should apply were questions of first impression in the Third Circuit Court of Appeals.

Keith Ann Stiverson served as the official observer for the American Association of Law Libraries (AALL) at meetings of the drafting committee for the Uniform Electronic Legal Material Act, which was passed by the National Conference of Commissioners on Uniform State Laws at their annual meeting in Vail, Colorado, in July.

At the AALL annual meeting in July in Philadelphia, Keith Ann was recognized for her work on the Uniform Electronic Legal Material Act with a special award from the AALL President.  Keith Ann also was a panelist at a program on, the open access movement for primary legal materials. She also served as an instructor at an AALL advocacy workshop that covered a variety of information policy issues of interest to the Association. She also coordinated a program highlighting Chicago-Kent’s innovative partnership between the Library’s Educational Technology Group and faculty support staff; Debbie Ginsberg and Vince Rivera spoke about how their cooperative arrangement helps to serve faculty teaching and research needs.

Dan Tarlock taught a day long master’s class in International Water Law at University of Lausanne, Faculty of Law, Foreign Masters Program, Lausanne, Switzerland, on May 6, 2011 and at the UNESCO Centre for Water Law, Policy, and Science, University of Dundee, Dundee, Scotland, on June 21, 2011.

Professor Tarkock was a Co-Participant with Professor Wang Xi, at the Roundtable Discussion on American Environmental Law, Shanghai Jaio Tong University School of Law, Shanghai, China, on May 17, 2011.

He also presented From Stationarity to Non-Stationarity: The Challenge of Adapting Domestic and International Water Law to Global Climate Change/Disruption, at the Research Seminar, Sustainable Energy and Energy Policy, University of Aarhus, Aarhus, Denmark, on June 16, 2011

Professor Tarlock also presented the first draft of his paper, Takings, Property Rights and Climate Change at the University of Colorado Law School and Duke University School of Law Workshop on Climate Change Law and Policy, Boulder, CO, on June 11, 2011.

Finally, he attended the Meeting of the National Research Council-National Academy of Sciences Committee on U.S. Army Corps of Engineers Water Resources Science, Engineering, and Planning, in Davenport, Iowa, on July 6-7, 2011.

Ozan Varol‘s paper The Democratic Coup d’État was one of two articles by a younger comparativist (scholars in their first 10 years of teaching) selected in a double-blind review process for presentation at the American Society of Comparative Law’s Annual Meeting in October 2011. He has also been invited to present the same paper at the University of Chicago’s Legal Scholarship Workshop in September 2011.

Professor Varol has also been asked to serve as a discussant at the University of Chicago’s Young Comparativists Roundtable in January 2012.

Finally, he is guest blogging in August on PrawfsBlawg regarding the research he conducted in Cairo and Istanbul this past summer.

Richard Wright gave presentations at the following universities and conferences during the last few months:

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

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 Canada: Progess Above and Below the Border, Conference on Causation in Tort II, Continuing Legal Education Society of British Columbia, Vancouver, Canada, June 2, 2011.

In addition, Professor Wright has been invited to give presentations at the following universities and conferences during the next year:

Misunderstanding Justice and Rights, Faculties of Law and Philosophy, University of Toronto, Canada, October 28, 2011.

Statistics, Specific Causation, and Liability, Conference on The Philosophy of Epidemiology – Conceptual Issues in Epidemiological Methodology, Population Health Policy, and the Use of Scientific Evidence in Law, Philosophy Department, University of Johannesburg, South Africa, December 12-13, 2011. The papers from this conference will be published in a book.

Liability for Uncertain Causation, Workshop on Uncertainty and Mass Tort: Causation and Proof, organized by the the Legal Philosophy Research Group, the Institute of European and Comparative Private Law, and the Chair in Legal Culture at the University of Girona, Spain, March 7-9, 2012. The papers from this workshop will be published in a book.

Misunderstanding Justice and Rights, plenary lecture at the Sixth Biennial Conference on the Law of Obligations: Challenging Orthodoxy, at the University of Western Ontario, Canada, July 17-20, 2012. Selected papers from this conference will be published in a book.

Professor Wright has also been invited, along with other leading scholars, to contribute a paper to be published in the monographic section of the legal journal, Diritto & Questioni Pubbliche, on the occasion of the 20th anniversary of the publication of Jules Coleman’s book, Risks and Wrongs.

Research in Progress – August 2011

Lori Andrews was recently awarded a one-year grant by the Greenwall Foundation to analyze the legal issues surrounding the collection of health information by social networks and related data aggregators.

Christopher Buccafusco has received three grants to support his current research projects: a $69,000 grant from Google and a $15,000 grant from the Batten Institute to study the effects of IP incentives on creativity and innovation, with Chris Sprigman; and an $18,000 grant from Google to study the effects of the public domain on the value of copyrighted works, with Paul Heald.

Steven Heyman is currently at work on an article criticizing the Supreme Court’s recent decision in Snyder v. Phelps, 131 S. Ct. 1207 (2011), which held that the Westboro Baptist Church had a First Amendment right to picket the funeral of a young soldier who was killed in Iraq.  Shortly after the decision came down in March, Professor Heyman spoke about the case to the Chicago Bar Association’s Committee on Constitutional Law and Civil Rights and did extensive radio and television interviews.

Nancy Marder revised and updated an article entitled The Conundrum of Cameras in the Courtroom, which was updated to take account of recent events, including the Casey Anthony jury trial, which received extensive television coverage, and the federal pilot program that began in July 2011 and that permits cameras in fourteen federal district courts.

Sheldon Nahmod is continuing his work on the history of the early years of section 1983 in the Supreme Court.

Joan Steinman has sent to law reviews her draft 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 also is working on 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 the distorting effects on procedure of judicial efforts to protect federal officials from suit.

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

Publications – August 2011

Lori Andrews wrote a chapter with Julie Burger, 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).  In January 2012, Free Press, a division of Simon and Schuster, will publish her book creating a Constitution for social networks.

Kimberly Bailey‘s Response to Beth Richie’s Black Feminism, Gender Violence and the Build-Up of a Prison Nation, authored by invitation, will be published in a forthcoming 2001 symposium issue of Wash. U. J.L. & Pol’y.

Professor Bailey’s article Lost in Translation: Domestic Violence, the Personal Is Political, and the Criminal Justice System, published in 100 J. Crim. L. & Criminology 1255 (2010), will be reprinted in the 11th edition of Thomson Reuters Women and the Law (2011).

Steven Harris‘s article (with Prof. Charles W. Mooney, Jr.), Using First Principles of UCC Article 9 to Solve Statutory Puzzles in Receivables Financing, appeared in 46 Gonzaga L. Rev. 297 as part of a symposium commemorating the 10th anniversary of Revised Uniform Commercial Code Article 9.

The fifth edition of Professor Harris’s casebook (also with Prof. Mooney), Security Interests in Personal Property, was recently published by Foundation Press.

Finally, Professor Harris completed the annual supplement to The Convention on International Interests in Mobile Equipment (Cape Town Convention),  which appears in Hawkland’s Uniform Commercial Code Series (Thomson West).

Harold Krent published Federal Power, Non-federal Actors: The Ramifications of Free Enterprise Fund, 79 Fordham L. Rev. 2425 (2011).

Nancy Marder revised a book chapter entitled Judging TV Reality Judges, which will be published in Law and Justice on the Small Screen, edited by Peter Robson and Jessica Silbey.  The book will appear in print in 2012.

Professor Marder also researched and wrote a paper for an upcoming symposium on the twenty-fifth anniversary of Batson v. Kentucky, a peremptory challenge case.  Her article, entitled Batson Revisited, will be published in the Iowa Law Review in 2012.

Professor Marder also published Two Weeks at the Old Bailey: Jury Lessons from England, 86 Chi.-Kent L. Rev. 537 (2011), as well as An Introduction to Comparative Jury Systems, 86 Chi.-Kent L. Rev. 453 (2011).  Professor Marder served as the Symposium Editor for this symposium on Comparative Jury Systems, which contained ten articles by international jury scholars along with a Foreword by Judge Brian Barker, a judge at the Old Bailey in London.

Finally, Professor Marder also published a book chapter entitled Law, Literature & Feminism: Broadening the Canon with New Texts, which appeared in Teaching Law and Literature (Austin Sarat, Cathrine Frank & Matthew Anderson, eds., 2011).

Sheldon Nahmod finished the 2011 Update to his treatise, Civil Rights and Civil Liberties Litigation: The Law of Section 1983 (4th ed.), as well as the 2011 Supplement to his casebook, Constitutional Torts (3rd ed.).

Henry Perritt‘s article, Cut in Tiny Pieces:  Ensuring That Fragmented Ownership Does Not Chill Creativity, has been accepted by the Vanderbilt Journal of Entertainment & Technology Law.

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

Also, the 2011 update to Professor Rudstein’s treatise, Criminal Constitutional Law (with Peter Erlinder & David Thomas), was published in June by LexisNexis.

Andrew Spalding‘s article, The Irony of International Business Law:  U.S. Progressivism and China’s New Laissez Faire, will be published in the UCLA Law Review in December.

Joan Steinman‘s 2011 Pocket Parts to volumes 14B and 14C of Wright & Miller’s Federal Practice and Procedure were published in  Spring 2011.

Dan Tarlock‘s article, Do Water Law and Policy Promote Sustainable Water Use, was published in Symposium, Rediscovering Sustainable Development Law, 28 Pace Envtl. L. Rev. 642 (2011).