Monthly Archives: November 2012

Faculty Activities – November 2012

Lori Andrews filed an amicus brief in the Supreme Court in October 2012 on behalf of medical organizations, including the AMA, supporting the petitioners in Association for Molecular Pathology v. Myriad Genetics.  She argues that human gene sequences should not be patentable.

Professor Andrews spoke at Lehigh University in August 2012 about internet privacy.  In September 2012, Professor Andrews spoke at Susquehanna University’s Common Reading Lecture about her book, I Know Who You Are and I Saw What You Did; she was a guest lecturer in 3 undergraduate courses at Susquehanna University; she spoke at the Chicagoland chapter of Sisters in Crime; she spoke at the University of Illinois at Chicago to the Women in Science & Engineering Program; she spoke at the Supreme Court IP Review at Chicago-Kent College of Law about Mayo Collaborative Serv. v. Prometheus Labs, Inc.; and she gave the keynote address at Cornell University’s Institute of Computer Policy and Law Conference, where she received the highest rating of all speakers.  Professor Andrews also spoke at Chicago-Kent College of Law’s Center for Information, Society and Policy Conference, “Under Watchful Eyes: The Technologies that Track,” at Loyola Academy in Wilmette, IL, to members of The Contemporary Club of Chicago; at the Kenilworth Club to members of the Neighbors of Kenilworth; and at Yale Law School for their Alumni Weekend in October 2012.  Professor Andrews also spoke at the Presidential Symposium at the American Society of Human Genetics Annual Meeting in San Francisco in November 2012.

For future speaking engagements, Professor Andrews will speak at the Miami Book Fair International, and at the Fortnightly Forensic Science Seminar in Chicago, Illinois in November 2012.  In December 2012, Professor Andrews will be the keynote speaker at the Academia Sinica’s Conference on Law, Science and Technology in Taipei, Taiwan about social networks and their impact on health care, human rights, and biotechnology research.  Professor Andrews will also speak on an Intellectual Property Section Program Panel at the Association of American Law Schools Annual Meeting in New Orleans, and will speak at the University of New Mexico Law School in Albuquerque in January 2013.

Interviews with Professor Lori Andrews recently appeared on Wisconsin Public Radio, on NPR’s “State of the Re: Union”, on Fox & Friends on the Fox News Channel, in The Miami Herald (, on the Total Education Network online radio show’s “The Total Tutor,” on the ABC 7 News, WLS-TV Chicago, in a special segment called “Eyes in the Sky,” and in The Sun-Sentinel (


William Birdthistle  attended the Junior Business Law Faculty Forum at UCLA School of Law and will also be attending an Investment Funds Conference in Liechtenstein later in November.  Professor Birdthistle has also been invited to attend a conference on investment advisers at Brooklyn Law School in February 2013.


Ralph Brill will be on a panel at the Western States Conference on Legal Writing/Preparing Students For Practice, at Salem, OR, in early December.  He will also be attending the 2013 Annual Meeting of the Association of American Law Schools in New Orleans and the American Bar Association’s Section on Legal Education Standards Review Committee in St. Louis, Mo., both to be held in January.


Evelyn Brody began on February 1, 2012, serving on the Planned Giving Advisory Council of the Carter Center, a 501(c)(3) charitable organization, founded in 1982 by former U.S. President Jimmy Carter and former First Lady Rosalynn Carter, in partnership with Emory University, to advance peace and health worldwide.  For the Urban Institute’s project on Tax Policy and Charities, Professor Brody organized a day-long conference on “State and Local Budget Pressures: The Charitable Property-Tax Exemption and PILOTs,” and presented her Selected Recent Bibliography on Property-Tax Exemption For Charities and Payments in Lieu of Taxes (PILOTs) (Washington, D.C., May 21, 2012).

The editors of the journal of the Association for Research in Nonprofit Organizations and Voluntary Action (ARNOVA) invited Professor Brody to write about developments in nonprofit law.  She decided that the multi-disciplinary members might be more interested in how law develops in the U.S. than in the details of those laws.  Her contribution appeared as U.S. Nonprofit Law Reform: The Role of Private Organizations, 41(4) Nonprofit & Voluntary Sector Q. 535-559 (Aug. 2012).  Professor Brody presented this forthcoming article as a keynote speaker in the conference “Defining, Taxing and Regulating the Not-for-Profit Sector” at the University of Melbourne Law School (Melbourne, Australia, July 19-20, 2012).

Professor Brody participated in two invitational conferences sponsored by the National Center on Philanthropy and the Law: “Noncash Charitable Contributions: Issues of Enforcement” (co-organized with the Urban Institute, Washington, D.C., September 27, 2012) and “The Charitable Contribution Deduction: Reform And Simplification?” (NYU, October 25-26, 2012).  On November 6, 2012, Professor Brody was a keynote speaker at the Van Leer Third Sector Forum’s Legal Conference on “Policy, Legislation, and the Third Sector” (Van Leer Jerusalem Institute, Israel).  With Israel considering adopting a new law of nonprofit association, she was asked to address the American approach to nonprofit law reform.

Finally, at ARNOVA’s annual research conference, Professor Brody and two of her co-authors presented their paper The Nonprofit Property-Tax Exemption and PILOTs (Indianapolis, November 16, 2012).  Professor Brody is preparing this piece with Joseph Cordes, an economist at George Washington University, and Daphne Kenyon and Adam Langley of the Lincoln Institute of Land Policy.


Christopher Buccafusco presented What’s a Name Worth?: Valuing Attribution in Intellectual Property Law at the Conference on Empirical Legal Studies, Stanford University, November 2012.


Wendy Netter Epstein‘s paper, Contract Theory and the Failures of Public-Private Contracting, was presented in September at a faculty workshop at the University of Illinois College of Law.


David Gerber was elected Vice-President of the American Society of Comparative Law in October.


Douglas Godfrey presented The Ethical Obligations of Attorneys when they Create, Transmit, and Store Documents at Emory University in November during a conference focusing on teaching students transactional skills.  He also gave a talk at the University of Oregon during the Western States Legal Writing Conference in August entitled, We Are Teaching Our Students to Drive with Buggy Whips: A Modest Proposal to Redesign the First Year Curriculum So Our Students Are Able to Produce Work Product That Is Actually Used in Practice.


Philip Hablutzel took the students in his class in Securities Regulation to the Chicago Board Options Exchange on October 2.  After a seminar on the workings of the disciplinary process of the Exchanges, the students took a tour of the trading floor. From Feb. 20 to March 3, Prof. Hablutzel taught a course in the American Legal System to attorneys at the East China University of Politics and Law in Shanghai.  On June 7, he hosted Chicago-Kent’s 31st Annual Conference on Not For Profit Organizations. In July, he was re-appointed a member of the governing council of the Illinois State Bar Association’s Section on Business and Securities Law.


Vinay Harpalani is an invited Distinguished Speaker for the Illinois Attorney General’s Office, on the topic of the constitutionality of race conscious admissions, at an event to be held in spring 2013.  Professor Harpalani gave two presentations this fall on the critical constitutional pedagogy of the late Professor Derrick Bell: one at the “Building the Arc of Justice: The Life and Legal Thought of Derrick Bell” Symposium at Western New England College of Law, Springfield, MA; and the other at the Society of American Law Teachers (SALT) Teaching Conference in Baltimore, MD.


Steven Harris recently traveled to Tbilisi, Georgia, where he taught the inaugural course at the School of American Law, established by Chicago-Kent and Batumi Shota Rustaveli State University.  While there, he also participated in a project on the development of the regulatory environment for payment systems and e-money, sponsored by the Legislative Fellows Program of the American Councils for International Education.


Todd Haugh presented his article, Can the CEO Learn from the Condemned? The Application of Capital Mitigation Strategies to White Collar Cases, on October 20th at the Central States Law School Association’s Scholarship Conference in Cleveland.


Valerie Gutmann Koch presented twice at the annual meeting of the American Society for Bioethics and Humanities in October. The first presentation was entitled Social Networking-Based Genetic Testing: the Shifting Role of Participants in the Evolving Research Model.  She also participated on a panel titled “Representing the Underrepresented in Allocating Scarce Resources in a Public Health Emergency: Ethical and Legal Considerations.”


Harold Krent spoke on Regulating Data Security Online at Ivan Franko National University in Lviv, Ukraine, and on The Importance of Intangible Asset Management at the Beijing Institute of Technology, both in October.


Laurie Leader recently co-authored a Petition for Leave to Appeal in the case of Nettles v. Allstate, seeking Illinois Supreme Court review of an issue of first impression on the deference, if any, to be afforded to the Illinois Department of Labor’s interpretation of the administrative exemption from overtime under Illinois’ Minimum Wage Law.  She also moderated a panel for the Institute for Law & the Workplace Members’ Conference on October 11, 2012.  On November 17, 2012, Professor Leader will be judging the ABA Labor & Employment Law Committee’s Trial Advocacy Competition.  Finally, she is also mentoring two “incubatees” in Chicago-Kent’s new incubator program for selected recent graduates interested in starting their own law firms.


Martin Malin spoke on The Future of Public Sector Collective Bargaining at Marquette University Law School on October 23, 2012, and on Collective Representation, Worker Voice and Democracy in the Public Sector Workplace, to the annual Labor and Employment Law Colloquium, held at Loyola University Law School on September 14, 2012.  During the Chicago Teachers Union strike, Prof. Malin was interviewed by various news media.


Nancy Marder presented her paper entitled An Iconic Jury Trial in Illinois: The First Criminal Trial of Rod Blagojevich at a panel on Criminal Justice at the Midwest Law & Society Retreat on Sept. 22, 2012, held at the University of Wisconsin Law School in Madison, Wisconsin.

Professor Marder helped to organize Justice John Paul Stevens’s visit to Chicago-Kent College of Law on Oct. 3, 2012.  Justice Stevens gave a talk at Chicago-Kent entitled The Ninth Vote in the “Stop the Beach” Case, which will be published in the Chicago-Kent Law Review.

On Nov. 16, 2012, Professor Marder presented her paper entitled The Court and the Visual: Images and Artifacts in U.S. Supreme Court Opinions as part of a panel on The Supreme Court and Technology.  The conference, entitled “The Supreme Court and the Public,” organized by Carolyn Shapiro and Chris Schmidt, was held at Chicago-Kent College of Law on Nov. 15-16, 2012.


César Rosado Marzán presented Globalization, Politics and Employment Law: Towards a comparative and historical analysis of the role of the state in settling unfair dismissal claims in Chile at the Adolfo Ibañez University Law School, Chile, on Oct. 5, 2012. He also presented Culture, Interests and International Framework Agreements at Stockholm University, Oct. 24, 2012. Finally, he presented Social justice for human rights?: The ILO’s Freedom of Association Committee in Chile, 37 Years Later at Lund University Law School in Sweden, on Nov. 5, 2012.

On November 19, 2012, Professor Rosado Marzán, together with the Remarklab research team in Stockholm University, will be sponsoring a talk at Stockholm University with Professor Pablo Arellano, of Chile’s Austral University on the “universalism of the principles of Latin American labor law,” which is also the topic of his new book project with Sergio Gamonal, of the Adolfo Ibañez University.

On January 4, 2013, Professor Rosado Marzán will speak at an AALS panel sponsored by the Labor Relations and Comparative Employment Law Joint Program.  His talk will concentrate on the relative stability of Latin American labor law and industrial relations after the global financial crisis.


Henry Perritt presented a paper, Independent Was the Easy Part, at a conference at the University of Pittsburgh titled “Kosovo After the International Court of Justice Opinion,” in October.


Natalie Brouwer Potts received a Special Recognition Award from the Chicago Appleseed Fund for Justice and Chicago Council of Lawyers on October 3, 2012.  The award recognizes her pro bono work and her commitment to social justice throughout the year.


David Schwartz presented The Presumption of Validity in Patent Litigation: An Experimental Study at the Annual Conference on Empirical Legal Studies, Stanford Law School, November 2012, as well as at the IP Scholars Conference, Stanford Law School, in August 2012.


Ronald Staudt presented Statewide Legal Forms on October 24, 2012 when the Illinois Supreme Court hosted the first annual Access to Justice Conference in partnership with the newly appointed Illinois Access to Justice Commission.  Prof. Staudt argued that Illinois should join 48 other states in creating approved statewide court forms because the lack of uniform court forms in Illinois raises difficult barriers to access to justice for self-represented people.

On November 13, 2012, Professor Staudt, with John Mayer, Executive Director of CALI, presented a national webinar entitled A2J Clinical Course Project: Teaching Core Lawyering Competencies and Increasing Access to Justice.  The webinar encouraged clinical professors from all 200 CALI law schools to submit an RFP to work with CALI and Chicago-Kent to replicate courses like Professor Staudt’s Justice & Technology Practicum. On January 6, 2013 in New Orleans at the CALI Annual Membership Meeting (held in parallel to the annual AALS Meeting) Professor Staudt and John Mayer will announce the law schools selected to participate in the A2J Clinical Course Project.

On December 8, 2012 Professor Staudt will present Smart Phones, iPads, and Justice at the Annual Meeting of the National Legal Aid and Defender Association in Chicago.  Joining him in the presentation will be John Mayer, Jessica Bolack, and Dina Nikitaides.

On January 16, 2013, Professor Staudt will present Capturing the Untapped Resource: Using Law Students to Create A2J Guided Interviews®, at the annual Technology Innovation Grant Conference in Jacksonville, FL, sponsored by the Legal Services Corporation.

Finally, in October 2012, Professor Staudt was appointed to the NLADA’s Research Advisory Committee.


Joan Steinman moderated the “Young Lawyers, Young Leaders” conference at the law school in April (sponsored by the Society of Women in Law — for which Prof. Steinman serves as faculty advisor), and coordinated with the ACLU to arrange training of Chicago-Kent students as legal observers.


Dan Tarlock participated in an invitation-only seminar, “The Clean Water Act at 40,” sponsored by Harvard Law School and the Natural Resources Defense Council, in Cambridge, MA, on October 12, 2012. His remarks were published as a blog by the Center for Progressive Regulation, and also appear on the Harvard Law School’s Environmental Program Website.


Adrian Walters has launched a blog, The Walters Way, primarily directed at a law student audience.


Richard Wright participated in a conference at Rutgers University, Camden, NJ, November 2-3, 2012, which brought together leading professors of tort law, criminal law, and philosophy from around the world to discuss drafts of papers to be published in Philosophical Foundations of the Law of Torts (John Oberdiek ed., Oxford University Press 2013).  Professor Wright’s contribution was a paper on The Moral Foundation of Justice and Rights.

Research in Progress – November 2012

Lori Andrews submitted a final grant report to the Greenwall Foundation describing the finding from her work analyzing the legal issues surrounding the collection of health information by social networks and related data aggregators.


Christopher Buccafusco is collecting data on a group of experiments involving intellectual property law’s incentives for creativity and innovation.


Laurie Leader is currently engaged in updating her treatise entitled Wages and Hours: Law & Practice (Matthew Bender), due in February 2013.


Martin Malin has been awarded a grant of $25,000 by the National Academy of Arbitrators Research and Education Foundation.  The grant will fund a study comparing the handling of statutory human rights claims in arbitration under collective bargaining agreements in the Province of Ontario with the handling of the claims before the Ontario Human Rights Tribunal (the administrative agency with jurisdiction).  The expectation is that the results will be relevant to the ongoing discussions in Canada over the appropriate forum(s) for statutory human rights claims and the ongoing debate in the U.S. over the compelled arbitration of statutory employment claims.  Prof. Malin’s collaborators are Professor Sara Slinn of Osgoode Hall Law School at York University in Toronto and Professor Jon Werner of the Department of Management at the University of Wisconsin – Whitewater.  The bulk of the grant money will be used to pay students at Chicago-Kent and Osgoode Hall to read and code the arbitrator and tribunal decisions.


Joan Steinman is pursuing article ideas that include the circumstances under which denials of summary judgment should be reviewable after post-trial final judgment, waiver-by-conduct of removal and remand rights, and the constitutionality of statutes that confer subject-matter jurisdiction beyond that apparently permissible under Article III.


Nancy Marder is completing a paper called The Court and the Visual: Images and Artifacts in U.S. Supreme Court Opinions, which will be published in a symposium issue of the Chicago-Kent Law Review entitled “The Supreme Court and the Public.”  Professor Marder has also been doing research for a book chapter that will provide a comparison of who could serve on the jury back in 1888 and who can serve today and how jury composition has changed in the past 125 years.  This work is part of a project by Chicago-Kent faculty in honor of Chicago-Kent’s upcoming 125th Anniversary.


César Rosado Marzán has been a Guest Professor of Labor Law at the Institute for Social Private Law of Stockholm University’s Law School for the past six months. He has been doing empirical research on international framework agreements (“IFAs”), or agreements between global unions and multi-national corporations.  The research has taken him to various European locations, including the German industrial heartlands, Frankfurt, Geneva, London, and Stockholm, in addition to numerous interviews done by telephone to sources in Brussels, various points in Switzerland, and the United States.  IFAs pledge joint cooperation between global labor and management to, at a minimum, make sure that the companies are abiding by the ILO’s “core labor standards.” Professor Rosado Marzán is evaluating their effectiveness.

Publications – November 2012

Lori Andrews’s book entitled I Know Who You Are and I Saw What You Did: Social Networks and the Death of Privacy,  will be published in paperback by the Free Press, a division of Simon and Schuster, in January 2013.


Evelyn Brody had two pieces published: Sunshine and Shadows on Charity Governance: Public Disclosure as a Regulatory Tool, 12 Fla. Tax Rev. 183 (2012) (a substantially similar version appears at pages 175-206 of the proceedings of the 2011 Internal Revenue Service Research Conference, “New Perspectives on Tax Administration” (2012)); and How Public Is Private Philanthropy? Separating Reality from Myth (Philanthropy Roundtable Monograph, Washington, D.C.: 2d ed. Feb. 2012), at (with John Tyler).


Christopher Buccafusco has two forthcoming articles: What’s a Name Worth?: Valuing Attribution in Intellectual Property LawBoston Univ. Law Review (forthcoming 2013) (with Christopher Sprigman and Zachary Burns); and Do Bad Things Happen When Works Enter the Public Domain?: Empirical Tests of Copyright Term ExtensionBerkeley Technology Law Journal (forthcoming 2013) (with Paul Heald).


Wendy Netter Epstein‘s paper, Contract Theory and the Failures of Public-Private Contracting, has been accepted for publication by the Cardozo Law Review.


Steven Harris‘s article, Perfecting and Maintaining Perfection in Article 9 Security Interests under the 2010 Amendments (with Jason Kilborn and Margit Livingston), was published in the summer 2012 DePaul Business & Commercial Law Journal as part of a symposium on “Recent Developments in UCC Article 9.”


Todd Haugh‘s article, Can the CEO Learn from the Condemned? The Application of Capital Mitigation Strategies to White Collar Cases, was recently published by American University Law Review.


Steven Heyman‘s article, To Drink the Cup of Fury: Funeral Picketing, Public Discourse, and the First Amendment, is being published this month in the Connecticut Law Review.


Valerie Gutmann Koch‘s paper Unique Proposals for Limiting Legal Liability and Encouraging Adherence to Ventilator Allocation Guidelines in an Influenza Pandemic will be published in the DePaul Journal of Health Care Law in early 2013.
Laurie Leader updated two volumes of Matthew Bender’s Current Legal Forms on Stock Options and Other Incentives and on Employment and Compensation Agreements, for which she is the revision author.  She also wrote an article for Professor Henry Perritt‘s 2012 edition of Employment Law Update entitled Extending Overtime Protections to White-Collar Workers Otherwise Known as the ‘New Working Class.’


David Schwartz has three forthcoming articles: Standards of Proof in Civil Litigation: An Experiment from Patent Law, in the Harvard Journal of Law & Technology (with Christopher Seaman); The End of an Epithet: An Exploration of the Use of Legal Scholarship in Intellectual Property Decisions, in 50 Houston Law Review‘s forthcoming symposium issue (with Lee Petherbridge); and The Rise of Contingent Fee Representation in Patent Litigation, in the Alabama Law Review.

Professor Schwartz also has two recently-published articles: An Empirical Assessment of the Supreme Court’s Use of Legal Scholarship, 106 Nw. U. L. Rev. 995 (2012) (with Lee Petherbridge); and Analyzing the Role of Non-Practicing Entities in the Patent System, 56 Intell. Asset Mgmt. 10 (Nov. 2012).


Joan Steinman has completed her submission of the 2013 Pocket Parts to volumes 14B and C of Wright & Miller’s Federal Practice and Procedure treatise.


Dan Tarlock‘s Hydro Law and the Future of Hydroelectric Power Generation in the United States will be published by the Vanderbilt Law Review in November.