Monthly Archives: February 2012

Faculty Activities – February 2012

Lori Andrews filed an amicus brief with the U.S. Supreme Court in January 2012 on behalf of medical organizations supporting the petitioners in Association for Molecular Pathology v. Myriad Genetics.  The Court will consider the petition at its February 17 conference and may decide on February 20 whether to accept the case for review.

Professor Andrews participated in a panel discussion entitled “What Would the Founding Fathers Think of Facebook?” at the National Constitution Center in Philadelphia in January 2012, along with Jennifer Preston of The New York Times and Kashmir Hill of Forbes.com.  The event was broadcast on C-SPAN 2’s Book TV.  She gave a speech entitled “iSpy: Privacy and Discrimination in the Era of Facebook” at Southwestern Law School in January 2012, sponsored by the Women’s Law Association and American Constitution Society at Southwestern.  She gave a speech about creating a constitutional framework for social network privacy at the University of Pennsylvania Law School in February 2012, sponsored by the Penn American Constitution Society.  Additionally, she gave presentations about the topics in her book I Know Who You Are and I Saw What You Did: Social Networks and the Death of Privacy at the Boston Public Library in January 2012, at the Book Stall in Winnetka in January 2012, and at the Chicago Public Library in February 2012.

Professor Andrews will be speaking about social networks and internet privacy issues at the Northwestern University School of Law in February 2012 (keynote address at the Women’s Law Symposium), at the University of California, Berkeley School of Law in March 2012 and at the University of Southern California Annenberg School for Communication and Journalism in March 2012.  She will speak on a panel hosted by The New Yorker on the topic of internet piracy, copyright, and free speech in February 2012. Additionally, she will give a talk at Santa Clara University in March 2012 that will be hosted by the Commonwealth Club of Silicon Valley and Santa Clara University’s Center for Applied Ethics.  Also in March 2012, she will host a Q&A with Rebecca Skloot, author of The Immortal Life of Henrietta Lacks, at a meeting of the Wayfarers’ Club in Chicago.

On February 16, 2012, Professor Andrews will speak on an IIT Chicago-Kent CLE panel about how social media is affecting companies, courts, and counsel.  On March 23, 2012, Professor Andrews will co-host with Professor Richard Warner a conference at IIT Chicago-Kent, entitled “Internet Privacy, Social Networks, and Data Aggregation.”  The IIT Chicago-Kent Center for Information, Society, and Policy is sponsoring the conference.

Professor Andrews was profiled in the end-of-the-year People Issue of the Chicago Reader.  The January 2012 issue of CBA Record, the magazine of the Chicago Bar Association, featured a profile about Professor Andrews along with two other attorneys, entitled Andrews, Caldwell and Freveletti: Three Literary Luminaries and Local Lawyers.  The February 2012 issue of More Magazine also featured a profile about her entitled Who Owns Your DNA Anyway? Interviews with Professor Andrews have recently appeared in: The Courier-Post (South New Jersey), The Philadelphia Inquirer, Phawker.com, GigaOm.com, and Privacy Journal.  Her recent radio and podcast interviews include: Something You Should Know with Mike Carruthers, The Diane Rehm Show (NPR), The Conversation with Ross Reynolds (Seattle NPR), Radio Times with Marty Moss Coane (Philadelphia NPR), Marketplace (American Public Media), WGVU-FM (Kalamazoo, MI), KMOX (St. Louis), The Bob Edwards Show (Sirius XM), KKZZ (Ventura, CA), WAMC Northeast Public Radio, All Things Considered (NPR), Chicago Publishes Podcast, The Bill Handel Show (Los Angeles), WILS (Lansing, MI), Extension 720 with Milt Rosenberg (WGN Radio), and Twin Talk with Jose and Angel.  Her recent television appearances include: Fox & Friends, C-SPAN 2 Book TV, Erin Burnett Out Front (CNN), Fox & Friends Weekend, Fox News Chicago, and the WGN Midday News.

 

William Birdthistle has been awarded a grant by the Chicago Mercantile Exchange to research and draft a paper relating to futures and derivatives.

He’s also been invited to join the board of advisors of the Chicago chapter of the American Constitution Society.

Professor Birdthistle’s also been invited to present a seminar on Janus v. FDT at the Chicago Bar Association’s annual seminar in March.

Last, but not least, he has begun preparations for a fourth annual roundtable on investment funds with Professor Tamar Frankel to be held at Boston University in May.

 

Evelyn Brody presented A Review of U.S. Nonprofit Law Reform Projects: Ambitions and Limitations at the 39th Annual Conference of the Association for Research on Nonprofit Organizations and Voluntary Action (ARNOVA), as part of a panel on “Foundations and Other Charities: Regulation and Voluntary Practices” (Toronto, Nov. 18, 2011). This article will appear, by invitation of the editors, in ARNOVA’s scholarly journal, Nonprofit and Voluntary Sector Quarterly.

Professor Brody also participated in the U.S. Senate Finance Committee Staff’s invitational Academic Roundtable on Tax Reform, held in Washington, D.C., on January 5-6, 2012.

Finally, for the National Association of Attorneys General/National Association of State Charities Officials (NAAG/NASCO), Professor Brody was again asked to be a member of the advisory committee for NASCO’s October 2012 Charitable Trust and Solicitations Annual Conference, developing the program for the “public day.”

 

Douglas Godfrey was one of four Chicago-Kent faculty members to travel to the Mexican state of Toluca in May to conduct a three-day training program for judges under a grant from the United Sates Department of State.

He also presented to a visiting group of Mexican scholars hosted by the American Bar Association in June 2011, comparing the reforms in Mexican criminal procedure to the American system of justice.

In September 2011, Professor Godfrey, with Professor Mary Rose Strubbe, gave a presentation about the ethical implications of lawyers using technology at the Central States Legal Writing Conference at John Marshall Law School.

In November 2011, Professor Godfrey was a speaker at a conference hosted by Whittier Law School about the law of the smartphone. His remarks concerned how the law of search and seizure will apply when the government uses the GPS tracking abilities of citizen’s smartphones.

During the Spring 2012 Semester, Professor Godfrey will be a visiting professor at the Mercer University School of Law in Macon, Georgia, where he will teach Evidence and Legal Writing.

 

Steven Heyman, on January 27 presented an article called The Dark Side of the Force: The Legacy of Justice Holmes for First Amendment Jurisprudence at the University of Toronto Faculty of Law’s Constitutional Roundtable.  This article was published last year in the William & Mary Bill of Rights Journal.

On March 1, he will be commenting on a presentation by Michael Lieberman, Washington Counsel for the Anti-Defamation League, at a CLE program at Chicago-Kent on hate crimes and hate speech.

At the end of March, Professor Heyman will be participating in a panel at the Council for European Studies on Erik Bleich’s new book, The Freedom to Be Racist?

Finally, Professor Heyman and Thea Potanos (Chicago-Kent 2011) recently advised the prosecutors in State v. Melchert-Dinkel, a case that is now before the Minnesota Court of Appeals.  The issue in the case is whether speech that urges another to commit suicide is protected by the First Amendment.

 

Edward Lee was interviewed about the Newt Gingrich campaign’s unauthorized use of “Eye of the Tiger” for campaign events, on Feb. 3, 2012 for “Viewpoints” with Pat Reuter.

He also was an invited speaker, presenting “Digital Originality,” at the Vanderbilt Journal of Entertainment & Technology Symposium on Jan. 27, 2012, at Vanderbilt University Law School.

 

Martin Malin spoke on Sifting through the Wreckage of the Tsunami that Hit Public Sector Labor Law, at the AALS Annual Meeting, Section of Labor Relations and Employment Law and Section on Employee Benefits Law on January 5, 2012 and on Public Sector Collective Bargaining and a New Breed of Governors, at the Labor and Employment Relations Association annual meeting on January 6, 2012.

He will be speaking on Two Models of Interest Arbitration at a symposium titled “The Role of ADR Mechanisms in Public Sector Labor Disputes,” being held at The Ohio State University Moritz College of Law on February 17, 2012, as well as on Does the Canadian Charter of Rights and Freedoms Have Any Relevance to U.S. Public Sector Labor Law, at a symposium titled “Workplace Democracy” at University of Nevada, Las Vegas Williams S. Boyd School of Law on February 25, 2012.

 

Nancy Marder will present her paper entitled Batson Revisited as part of a panel on “Interpretation, Reasoning, and Procedure” at the Annual Meeting of the Association for the Study of Law, Culture, and the Humanities on March 16, 2012.  The meeting will be held at Texas Wesleyan School of Law in Fort Worth, Texas.

 

Sheldon Nahmod, on February 10, 2012, spoke on the Patient Protection and Affordable Care Act at a public program in Chicago sponsored by the Shriver Center.

On Thursday, February 16, 2012, he made a four hour presentation to over 300 attorneys in San Juan, Puerto Rico, at a program sponsored by the Puerto Rico Federal Bar Association.

Finally, Professor Nahmod’s blog on section 1983 and constitutional law, nahmodlaw.com, recently passed a 35,000 views milestone.

 

Henry Perritt’s new play, Airline Miles, is tentatively scheduled for further developmental performances in June.

Another new play, Giving Ground, a joint production of the Chicago Bar Association Young Lawyers Section and The Artistic Home theatre, co-sponsored by Chicago-Kent, was the subject of a successful cast auction in December. It is scheduled to begin rehearsals at The Artistic Home in April, with a performance in early May. Two scenes from Giving Ground, shot at Chicago-Kent, are available on www.givinggroundplay.com.

 

Christopher Schmidt presented “Divided by Law: The Sit-Ins, Legal Uncertainty, and the Role of the Courts in the Civil Rights Movement,”  at the Legal History Workshop, University of Michigan Law School, in February 2012.  He and Carolyn Shapiro are organizing a symposium on “The Supreme Court and the Public,” to be held at Chicago-Kent in November.

 

David Schwartz presented his paper The Rise of Contingent Fee Representation in Patent Litigation at both University of Notre Dame Law School in November 2011 and at the Marquette University Law School IP Colloquium in February 2012.

He and Christopher Seaman presented The Presumption of Validity in Patent Litigation: An Experimental Study at the Works-in-Progress IP Conference at the University of Houston Law Center in February 2012.

He was also a discussant for a paper at the Sixth Annual Conference on Empirical Legal Studies, held at Northwestern University Law School in November 2011.

Finally, he served on a panel about empirical studies entitled “Uses of Legal Scholarship by Courts and Media” at the AALS Annual Meeting in Washington in January 2012 (with Adam Liptak and Jeff Amestoy).

 

Christopher Seaman presented on a panel entitled “Understanding the Real Value of Your Patent Portfolio” at the American Intellectual Property Law Association (AIPLA) Annual Meeting in Washington, DC in October 2011.  His paper for the panel and talk was The Changing Patent Damages Regime:  Reasonable Royalties After Lucent and Willful Infringement After Seagate.

He and David Schwartz presented their current work-in-progress, The Presumption of Validity in Patent Litigation:  An Experimental Study, at the 2012 Works-in-Progress in IP (WIPIP) Colloquium at the University of Houston Law Center.

 

Andrew Spalding presented his research at Northwestern University Law School’s International Law Workshop.  He was also invited to be a featured speaker at a RAND Corporation workshop that included leading experts in business, law, and foreign policy.

 

Ozan Varol’s forthcoming article, The Democratic Coup d’État, 53 Harv. Int’l L.J. __ (forthcoming 2012), was selected for presentation at the Yale-Illinois-Princeton Comparative Law Works-in-Progress workshop, which will take place at Princeton University in February 2012.

Professor Varol was invited to present at a symposium on “Constitutional Transitions in the Middle East” at NYU School of Law in March 2011, where Justice Tehani El-Gebali of Egypt’s Supreme Constitutional Court will be in attendance.

Professor Varol was further invited to chair two panels, one entitled “Democratic Alternatives for Constitutional Functions” and the other “Criminal Justice and the Practice of Sentencing,” at the Law & Society Association Annual Meeting in June 2012.  He will also chair a panel at a conference on “New Perspectives in Comparative Law” in April 2012 at the George Washington University Law School.

In addition, Professor Varol was invited to present a podcast on the Supreme Court’s recent decision in Gonzalez v. Thaler, which is available for download here:  http://www.fed-soc.org/publications/page/scotuscast.

And finally, during the upcoming year, Professor Varol will serve on the Executive Committee for the AALS Section on New Law Professors and on the Linkages & Engagement Advisory Group of the Younger Comparativists Committee in the American Society of Comparative Law.

 

Adrian Walters will co-present a paper entitled Involuntary Bankruptcy as Debt Collection: Some Thoughts on an Anglo-American Puzzle at the INSOL International Academics’ Meeting in Miami in May 2012 with Prof. Jason Kilborn (John Marshall Law School).

 

Richard Warner presented “Cloud Computing:  Risks, Benefits, and Contracts,” at the Chicago Bar Association, Chicago, IL, on September 20, 2011, and also for the law firm of Arnstein & Lehr, Chicago, IL, on December 20, 2011.

He presented “E-Commerce,” to the Bar Association in Kharkiv, Ukraine, on November 11, 2011.

Forthcoming will be a presentation titled, “From One-Sided-Chicken to Informational Norms,” at the Privacy Law Scholars Conference, Washington DC, June 7–8, 2012, with Robert Sloan, Professor and Head of the Computer Science Department, University of Illinois at Chicago.

 

Richard Wright has been invited to participate in the Causation in European Tort Law project of the Common Core of European Private Law group and to contribute an essay on the philosophical foundations of causation to the project’s work product.

Research in Progress – February 2012

Lori Andrews, under a Greenwall Foundation grant, is analyzing the legal issues surrounding the collection of health information by social networks and related data aggregators.

 

Martin Malin is collaborating with Professor Sara Slinn of Osgoode Hall Law School, York University, Toronto, Canada, on an empirical study of the arbitration of statutory human rights claims in Canada and what implications it may have for arbitration in the U.S. in light of the Supreme Court’s decision in 14 Penn Plaza, LLC v. Pyett.  They are in the exploratory stages of the collaboration and are developing proposals that they intend to submit to several potential sources of funding in the U.S. and Canada.

 

Nancy Marder is writing a commentary for Jurist on cameras in the courtroom, with a focus on the recent decision to allow cameras in trial courts in Illinois as part of a pilot program.

Professor Marder is also working on an article about “Iconic Jury Trials” which focuses on the first criminal trial of former Illinois Governor Rod Blagojevich and examines the role of the hold-out juror.  She will present this paper at a panel on “Iconic Jury Trials,” which she organized for the Annual Meeting of the Law & Society Association this summer.

Publications – February 2012

In January 2012, Free Press, a division of Simon and Schuster, published Lori Andrews’s book entitled I Know Who You Are and I Saw What You Did: Social Networks and the Death of Privacy.  Excerpts from the book have been published on Salon.com on December 31, 2011, and in The Globe and Mail (Toronto) on February 4, 2012.  The Philadelphia Inquirer published her op-ed column entitled A Social-Network Constitution: We Need Rules to Protect People’s Freedom of Expression on the Internet, on January 8, 2012.  The New York Times published her op-ed column entitled Facebook Is Using You on February 5, 2012.  Additionally, she has recently written blog posts for: Time Ideas, The National Constitution Center, The Writer’s Forensics Blog, and TechDirt.com.  You can read other blog posts she has written at http://www.socialnetworkconstitution.com/blog.html.

 

William Birdthistle‘s forthcoming article discussing the Supreme Court’s decision in Janus v. First Derivative Traders was accepted for publication by the Journal of Corporation Law.

His piece entitled Breaking Bucks in Money Market Funds, previously published in the Wisconsin Law Review, will be anthologized in the Securities Law Review.

 

Sungjoon Cho‘s recent article, Beyond Rationality: A Sociological Construction of the WTO, appears in the January 2012 issue of the Virginia Journal of International Law.

 

Martin Malin has a new article, The Arbitration Fairness Act: It Need Not and Should Not Be an All or Nothing Proposition, published at 87 Ind. L.J. 289 (2012). His book entitled Employment Discrimination Law: Cases and Notes (West 2012) is in press; his coauthor is Mack Player of Santa Clara Law, Santa Clara University.

 

Nancy Marder’s book review of Justice John Paul Stevens’ new book, Five Chiefs: A Supreme Court Memoir (2011), was published in Judicature, Jan./Feb. 2012, and is entitled A Dignified, Inside Look at the Supreme Court—and More than a Few Surprises.

Based on her article, The Conundrum of Cameras in the Courtroom, available at http://ssrn.com/abstract=1969115, Professor Marder wrote a Letter to the Editor about cameras at the U.S Supreme Court, which was published in the New York Times on Dec. 7, 2011.  It became part of a “Sunday Dialogue: Putting the Justices on TV,” to which Professor Marder wrote a response, which was published in the New York Times on December  11, 2011.  Her original letter was then republished as part of the New York Times Upfront, which is used to teach high school students about issues in the news.

 

Henry Perritt‘s short movie, Getting Back, has been released by Chicago-Kent’s CLE Department as part of a one-hour video MCLE program on copyright and computer law issues arising from social media use.

His first novel, Arian, has been published by Amazon.

Finally, his article, Cut in Tiny Pieces: Ensuring That Fragmented Ownership Does Not Chill Creativity, has been published at 14 Vand. J. Ent. & Tech. L. 1 (2011). It is available on the Web at http://www.jetlaw.org/?page_id=9739.

 

Christopher Schmidt‘s new article, Conceptions of Law in the Civil Rights Movement, was published at 1 UC Irvine L. Rev. 101 (2011).  This article was also featured in the most recent issue of the American Bar Foundation’s newsletter, Researching Law (Winter 2012).

 

David Schwartz has published Paving the Path to Predicting Legal Outcomes: A Response to Professor Chien’s Predicting Patent Litigation, 90 Tex. L. Rev. See Also 97 (2012) (with Jay Kesan & Ted Sichelman).

He has also published Explaining the Demise of the Doctrine of Equivalents, 25 Berkeley Tech. L.J. 1157 (2011).

 

Christopher Seaman‘s most recent article, Willful Patent Infringement and Enhanced Damages After In re Seagate:  An Empirical Study, 97 Iowa L. Rev. 417 (2012), was published last month.

 

Andy Spalding has an article, The Irony of International Business Law: U.S. Progressivism and China’s New Laissez-Faire, published in the UCLA Law Review.

 

Ozan Varol’s article, The Origins and Limits of Originalism:  A Comparative Study, was published at 44 Vand. J. Transnat’l L. 1239 (2011).

 

Adrian Walters is a contributing author of the new edition of Lightman & Moss on The Law of Administrators and Receivers of Companies (London: Sweet & Maxwell, 5th ed., 2011), a leading treatise on UK corporate restructuring law.

 

Richard Wright‘s paper, Private Nuisance Law: A Window on Substantive Justice, was published in December 2011 by Hart Publishing, Oxford, England, as chapter 17 in Rights and Private Law, edited by Andrew Robertson, University of Melbourne, and Donal Nolan, University of  Oxford.