Monthly Archives: April 2012

Faculty Activities – April 2012

Lori Andrews filed an amicus brief with the U.S. Supreme Court in January 2012 on behalf of medical organizations such as the AMA, supporting the petitioners in Association for Molecular Pathology v. Myriad Genetics. The Court granted certiorari and then vacated and remanded the case to the Federal Circuit.

Professor Andrews spoke at an IIT Chicago-Kent CLE about how social media is affecting companies, courts and counsel in February 2012. She participated in a panel discussion hosted by The New Yorker on the topic of internet piracy, copyright, and free speech in February 2012. In early April 2012, Professor Andrews spoke at IIT Rice Campus about how social networks are changing our lives and our culture and she spoke at Yale about the privacy challenges social networks present for personal health information.

Professor Andrews will speak at a meeting of FBI Special Agents; at the Los Angeles Times Festival of Books; at the Chicago Lawyers’ Club; and at a Public Defender Retreat in Las Vegas in April 2012. In May 2012 she will speak at the Winning Strategies Seminar hosted by the Office of Defender Services in Minneapolis, and she will give the Keynote Address at the Pennsylvania Association of Colleges and Employers. In June 2012, she will speak at the Law and Society Association’s Annual Meeting about “Social Media and the Courts” in Honolulu. In July 2012, Professor Andrews will speak at ThrillerFest Conference in New York City and she will also be speaking about her proposed Social Networks Constitution at a Yale Law School Alumni meeting in New York City. In August 2012, she will be speaking about “The Death of Privacy in the Age of Facebook” at the American Bar Association Annual Meeting in Chicago.

Interviews with Professor Andrews recently appeared in the Weekly Bunshun (the equivalent of Time magazine in Japan), Chicago Sun-Times, Los Angeles Times, and in Silicon Valley De-Bug. Her recent radio and podcast interviews include: Wall Street Journal Radio, KSRO Radio, Beyond 50 Radio (Oregon), KUER (Salt Lake City), Radio Woodstock WDST-FM and, KTKK Radio (Salt Lake City), KKUP, The Point (The Young Turks), Washington Update Radio Show, AM 1400 KKZZ, KNEWS, Netradio, CJAD (Montreal), KMBH/KFID-FM (NPR Affiliate in Rio Grande Valley, Texas), Laura Ingraham Show, Bloomberg Law Radio Show, InfoTrak Radio, WBEZ, CT KPCC (Southern California), The David Sirota Show, and CT Bloomberg Law’s Podcast. Her recent television appearances include: Keen On (Techcrunch), Bay Area Focus (CBS 5), The, Chicago Tonight (WTTW), and CBC.


William Birdthistle has been invited to participate in the UCLA Junior Business Law Faculty Forum on November 9 and 10, 2012.  His paper on the Supreme Court decision in Janus Capital Group, Inc. v. First Derivative Traders has beem accepted for presentation at the National Business Law Scholars Conference being held June 27 and 28, 2012 at University of Cincinnati College of Law.


Christopher Buccafusco presented Experimental Tests of Creativity and Innovation in Intellectual Property at Oxford, Cambridge, Glasgow, Max Planck Institutes in Bonn and Munich.  He also presented Culinary Copyright at the London School of Economics in March.


David Gerber gave a lecture in February with faculty discussions on Regulatory Convergence as a Response to Globalization at the “Asian Competition Forum” in Hong Kong.

In April, Professor Gerber lectured on China and Competition Law at Jiaotong University in Shanghai, China; Renmin University; and the Chinese University of Politics and Law in Beijing, China. The Jiaotong and Renmin lectures were associated with the release of the Chinese translation of his most recent book, Global Competition: Law, Markets and Globalization (Oxford U. Press).


Richard Gonzalez has been appointed by the U.S. District Court for the Northern District of Illinois to a committee tasked with developing model discovery requests in employment cases.


Philip Hablutzel was re-appointed for a ninth one-year term for the calendar year 2012 as a Public Member on the Business Conduct Committee of the Chicago Board Options Exchange. This disciplinary committee meets monthly to consider charges of rule violations by members of the Exchange.

During February and early March, Professor Hablutzel taught a course in Shanghai, sponsored by the Shanghai Bar Association and held at the East China University of Political Science and Law (ECUPSL). The law school at ECUPSL is the largest law school in China, with some 12,000 law students: about 8,000 undergraduate law students at the suburban campus and 5,000 graduate students at the downtown campus.

In June, Professor Hablutzel completes another term on the Illinois State Bar Association’s Section Council on Business and Securities Law.

And finally, on June 7, he will host the 31st Annual Conference on Not For Profit Organizations, and will chair a plenary session panel on Corporate Governance.


Steven Harris spoke at the DePaul Business & Commercial Law Journal Annual Symposium in February on Recent Developments in UCC Article 9. (Professor Harris was the Reporter for the Article 9 Review Committee, which produced the recent amendments to Article 9. These amendments, which have a uniform effective date of July 1, 2013, have already been enacted in 22 states and Puerto Rico.)

Earlier this year, as the Commercial Law Coordinator for the United States delegation, Professor Harris attended the Diplomatic Conference with Respect to the Cape Town Convention’s Protocol on Matters Specific to Space Property. The Protocol, which concerns secured financing of satellites, space stations, and other space assets, was concluded and opened for signature at the Conference.


Steven Heyman took part in March in a panel on Erik Bleich’s book The Freedom to Be Racist? at the annual meeting of the Council for European Studies in Boston.


Mar Jimeno-Bulnes was invited to speak by the Center for International and Comparative Law (CICL), jointly with the International Law Students’ Association (ILSA) and St. Louis University School of Law. The seminar, “Victims, Juries and Popular Prosecutor: Spain’s Unusual Post-Inquisitorial System,” was held on April 19, 2012.


Martin Malin spoke on Sifting Through the Wreckage of the Tsunami that Hit Public Sector Collective Bargaining: Looking North for Solutions? at the conference on “Voices at Work,” at Osgoode Hall Law School, York University, Toronto, Canada, on March 17.


Nancy Marder will give a presentation and serve as a panelist on a panel entitled “TV Cameras in Illinois Courts” on April 24, 2012 at DePaul University College of Law in Chicago.  The panel, organized by the Chicago Journalists Association, will focus on the Illinois Supreme Court’s recent decision to permit cameras in Illinois trial courts as part of a pilot program.

Recently, the Illinois Supreme Court established a new rule, Rule 243, which will allow jurors to submit written questions to witnesses.   Professor Marder gave written and oral testimony in support of this new rule, which will take effect in July 2012.


Henry Perritt has been busy with rehearsals of Giving Ground, his four-act play interspersed with discussion of 35 legal issues, scheduled for one performance on Thursday, May 3 in the Thompson Center auditorium. Illinois lawyers attending the production and participating in the discussion will receive 4 hours of MCLE credit, including 2 in professional responsibility. See The production is a joint venture of the Chicago Bar Association Young Lawyers Section and The Artistic Home theatre company, and is co-sponsored by Chicago-Kent.

Professor Perritt’s new play, Airline Miles, is scheduled to begin rehearsals on July 9 and to open on August 3 at Second Stage Theatre on Sheffield Street, in Chicago. See


Christopher Schmidt’s article, Divided by Law: The Sit-Ins, Legal Uncertainty, and the Role of the Courts in the Civil Rights Movement, has been selected for presentation at the 2012 Junior Faculty Forum (successor to the Stanford/Yale Junior Faculty Forum) at Harvard Law School in June.


David Schwartz presented his article The Rise of Contingent Fee Representation in Patent Litigation at Northwestern University Law School’s Law & Economics Colloquium in February 2012; at the Drake University Intellectual Property Law Center’s 5th Anniversary Gala, also in February; and at the Wisconsin Intellectual Property Law Association in April 2012.

He also presented his article An Empirical Assessment of the Supreme Court’’s Use of Legal Scholarship at the Midwest Political Science Association Annual Meeting, Chicago, Illinois, in April 2012.


Michael I. Spak was honored this year by the Illinois State Bar Association as a “50-Year Senior Counselor.” The certificate notes five decades of continuous membership in the organization. Professor Spak has also been a fifty-year member of the American Bar Association, Chicago Bar Association, Federal Bar Assocition, and the Judge Advocate Generals Association. Over the years he has served as an officer and committee chair many times.


Joan Steinman has provided invited comments on manuscripts written by civil procedure professors who teach at other law schools. She also acted as the faculty sponsor and mentor this semester to Robert Kulski, a visiting short-term scholar at Chicago-Kent who is a law professor in Poland. Professor Steinman also participated in a Diversity Forum; assisted in “mooting” a local attorney in preparation for a U.S. Supreme Court argument; served as one of the judges for the annual law school talent show; facilitated training of Chicago-Kent students to be legal observers of upcoming demonstrations; and moderated the “Young Lawyers, Young Leaders” conference held at the law school.


Dan Tarlock presented The Future of Hydroelectric Power at the Vanderbilt University School of Law Symposium on “Supply and Demand: Barriers to a New Energy Future,” in Nashville, Tennessee, on February 24, 2012, with a paper to be published in Vanderbilt Law Review.

He was also an invited participant at the University of North Carolina, Chapel Hill School of Law’s Center for Law, Environment, Adaptation, and Resources “Workshop on Climate Change and Private Sector Adaptation,” held March 30, 2012 in Chapel Hill, North Carolina.

Finally, Professor Tarlock was a presenter at the ABA Section on Environment and Natural Resources’ webinar on the 2012 Supreme Court decision in PPL Montana v. Montana on April 3, 2012.


Adrian Walters gave a guest lecture on the EU Insolvency Regulation at Columbia Law School in April 2012 as part of an International Bankruptcy program organized by Columbia under the auspices of the American College of Bankruptcy.


Richard Warner presented Do Not Track: What Do We Want? What Can We Get? at the “Conference On Internet Privacy, Social Networks and Data Aggregation,” held March 23, 2012, at Chicago-Kent. He also will be presenting From One-Sided Chicken to Informational Norms at the “Privacy Law Scholars Conference,” held in Washington DC on June 7–8, 2012.

In addition, Professor Warner will open a new School of American Law that will begin October 2012 at Ivan Franko National University of L’viv, in L’viv, Ukraine.


Richard Wright presented a paper in December 2011, Epidemiology and Epistemology: The Probable versus the Actual, at the “Conference on The Philosophy of Epidemiology – Conceptual Issues in Epidemiological Methodology, Population Health Policy, and the Use of Scientific Evidence in Law,” organized by the Philosophy Department of the University of Johannesburg, South Africa.

Professor Wright’s NESS (necessary element of a sufficient set) account and test of causation, which was adopted in the Restatement Third of Torts and identifies instances of causation that are erroneously rejected by the traditional ‘but for’ (necessary condition) test, was cited approvingly and relied upon by the High Court of Australia in Amaca Pty Ltd v Booth, [2011] HCA 53 (14 December 2011), and by the US Court of Appeals for the First Circuit in United States v. Kearney, __ F.3d __, 2012 WL 639168 (29 February 2012). In March, Professor Wright provided advice, pro bono, to lawyers involved in several cases in which the NESS account is critical, including cases (such as the Kearney case) that have been filed on behalf of victims of childhood pornography against viewers and distributors of such pornography and similar cases being contemplated against clients of victims of forced prostitution.

In February 2012, Professor Wright was invited to become an External Partner of the Centre for Enterprise Liability of the Faculty of Law of the University of Copenhagen, Denmark. In March 2012, he presented a paper, Just Liability Given Indeterminate Causation, at the “Workshop on Uncertainty and Mass Torts: Causation and Proof,” organized by 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.

In May, Professor Wright will teach courses on Comparative Tort Law at the Universities of Gdansk and Wroclaw in Poland, and deliver a lecture (topic to be decided) at the Faculty of Law of the University of Torun in Poland. Also in May, he will lecture on Class Actions and Just Tort Liability at the “Roundtable on Class Actions,” organized by the Department of Private Law at the University of Palermo, Italy.

Research in Progress – April 2012

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


Christopher Buccafusco is working on an article titled Valuing Publication and Attribution in Intellectual Property with Chris Sprigman and Zachary Burns.


Nancy Marder is editing her article The Conundrum of Cameras in the Courtroom for publication in the Arizona State Law Journal. She is also working on an article, Iconic Jury Trials, which will use the first criminal trial of former Illinois Governor Rod Blagojevich as a vehicle for exploring the role of the hold-out juror and the role of post-verdict interviews of jurors in this high-profile case that attracted extensive media coverage both in Illinois and the U.S.


Joan Steinman currently is working on the 2013 Pocket Parts to volumes 14B and C of Wright & Miller’s Federal Practice and Procedure treatise. This summer she plans to work on articles concerning waiver-by-conduct of removal and remand rights; statutes that confer subject-matter jurisdiction beyond that apparently permissible under Article III; and the Supreme Court’s modification of mootness and other procedural doctrines in an effort to protect government officials from liability.

Publications – April 2012

Kimberly Bailey‘s article, It’s Complicated: Privacy and Domestic Violence, will be published in Georgetown’s American Criminal Law Review this fall.  The review is also interested in soliciting a response piece to be published along with the article in the same issue.


Christopher Buccafusco‘s article, Making Sense of Intellectual Property, was recently published in Cornell Law Review.  His forthcoming article, Well-Being Analysis vs. Cost-Benefit Analysis, written with John Bronsteen and Jonathan Masur, has been accepted for publication in Duke Law Journal. The article will be the basis for the journal’s annual Administrative Law Symposium next year.


Steven Heyman‘s most recent article, To Drink the Cup of Fury: Funeral Picketing, Public Discourse and the First Amendment, will appear in the November issue of the Connecticut Law Review.


Nancy Marder’s book chapter, entitled Instructing the Jury, was published in The Oxford Handbook of Language and Law (Peter M. Tiersma & Lawrence M. Solan, eds. 2012).  Her invited commentary, entitled Cameras and the Courtroom Dynamic, appeared in Jurist, at:


Henry Perritt‘s The Internet at 20: Evolution of a Constitution for Cyberspace is scheduled for publication this month in the William & Mary Bill of Rights Journal.


David Rudstein‘s most recent article, Re-Trying the Acquitted in England, Part III: Prosecution Appeals of Judges’ Rulings of No Case to Answer, was published by the San Diego International Law Journal.  This completes his three-part analysis of the changes to English double jeopardy law made by the Criminal Justice Act (2003).


David Schwartz‘s article, The Rise of Contingent Fee Representation in Patent Litigation, was accepted for publication in the Alabama Law Review.


Joan Steinman has published the 2012 pocket parts to volumes 14B and C of Wright & Miller’s Federal Practice and Procedure.

Also, her article Appellate Courts as First Responders: The Constitutionality and Propriety of Appellate Courts’ Resolving Issues in the First Instance is about to be published in Volume 87 of Notre Dame Law Review.


Dan Tarlock has had two articles recently published: Is a Substantive, Non-Positivist United States Environmental Law Possible?, 1 Mich. J. Envtl. & Admin. L. 157 (2012); and The Legacy of Schodde v. Twin Falls Land and Water Company: The Evolving Reasonable Appropriation Principle, 42 Envtl. L. 37 (2012).


Richard Warner has published Legal Concepts of Privacy Meet Technology: A 50-State Survey, “Workshop on Governance of Technology, Information, and Policies,” Proceedings of the 2011 Annual Computer Security Applications Conference, co-authored with Miriam Russom and Robert Sloan.

He’s also published The Undermining Impact of Information Processing on Informational Privacy, In Justyna Balcarczyk (ed.), Rights of Personality in the XXI Century, Wolters-Kluwer, 2012, co-authored with Robert Sloan.

Another recently published collaboration with Robert Sloan is Vulnerable Software: Product-Risk Norms and the Problem of Unauthorized Access, 2012 U. Ill. J.L. Tech. & Pol’y 101 (2012).

Finally, Professor Warner authored the forthcoming Behavioral Advertising: From One-Sided Chicken to Informational Norms, 15 Vand. J. Ent. & Tech. L. ___ (2012).


Richard Wright was co-editor (with Ken Oliphant, Director of the Institute of European Tort Law, Vienna, Austria), of the double issue Symposium on Medical Malpractice and Compensation in Global Perspective, 86 Chi.-Kent L. Rev. 1019–1301 (2011), 87 Chi.-Kent L. Rev. 1–198 (2012), which contains papers by experts on fourteen different countries or regions around the world, from every continent except Antarctica.

Professor Wright’s paper, The NESS Account of Natural Causation: A Response to Criticisms, originally published as chapter 14 in Perspectives on Causation (Richard Goldberg ed., Hart Publishing, 2011), is being reprinted in Causation in Law and Philosophy [tentative title] (Benedikt Kahmen & Markus Stepanians eds., DeGruyter, 2012).