Monthly Archives: February 2013

Faculty Activities – February 2013

Lori Andrews filed an amicus brief in the Supreme Court in January 2013 on behalf of medical organizations, including the AMA, in Association for Molecular Pathology v. Myriad Genetics. She argues that human genes should not be patentable.  Professor Andrews also spoke at the Miami Book Fair International on the panel, “Culture Shocks: Lori Andrews on Social Networks and the Death of Privacy, Hanna Rosin on The End of Men and Joan Walsh on What’s the Matter with White People?” and at a day long Forensic Science Seminar at the Fortnightly Club in Chicago, Illinois, in November 2012.  In December 2012, she was the guest speaker for the Steppingstone Scholars, Inc.’s “VIP Dining Series” in Philadelphia, Pennsylvania, and she was the keynote speaker at the Academia Sinica’s Conference on Law, Science and Technology in Taipei, Taiwan, where she discussed social networks and their impact on health care, human rights, and biotechnology research.  Professor Andrews also spoke on an Intellectual Property Section Program Panel at the Association of American Law Schools Annual Meeting in New Orleans, Louisiana, and spoke at the University of New Mexico Law School in Albuquerque, New Mexico, in January 2013.

In February 2013, Lori will speak at DePaul University in Chicago, Illinois; give a presentation to the Midwest chapter of the Federal Communications Bar Association in Chicago, Illinois; speak at the annual “Constitution and the Imagining of America Colloquium” at Amherst College in Amherst, Massachusetts; and present Genetics, Law and Social Media at the Greater Philadelphia Life Science Congress event, “Where Life Meets Science,” in Philadelphia, Pennsylvania.  In March 2013, Professor Andrews will speak at the University of Maryland in Baltimore, Maryland.

Professor Andrews recently appeared on the morning show, Fox & Friends; KGO AM 810 with Ronn Owens; WGN Radio 720 with Mike McConnell; Topical Currents on WLRN 91.3 FM; the Joy Cardin Radio Show on Wisconsin Public Radio; and CNN.

Kimberly Bailey presented her work-in-progress, Watching Me: The War on Crime and Its Effects on Individual Privacy, to the University of North Carolina College of Law faculty on January 17, 2013.  She also has been invited to present a paper at the University of Colorado Law Workshop on “The Feminist Influence on Criminal Law,” scheduled April 19-20th.

William Birdthistle presented a paper on financial self-regulation on February 8 at Brooklyn Law School’s conference entitled, The Growth and Importance of Compliance in Financial Firms: Meaning and Implications.  He is also hosting his fifth annual investment fund roundtable at the University of Chicago Law School on Friday, May 17, 2013.

Christopher Buccafusco presented Experimental Tests of Trademark Dilution Law at the Oxford University symposium on “Empirical Studies of Trademark Law”, December 7, 2012 and Economic Analysis of Criminal Intellectual Property Law at the NYU Colloquium on Innovation and Law, February 7, 2013.  He participated in a panel on copyrighting recipes at the Roger Smith Cookbook Conference in New York City, February 8, 2013. He will also be participating in an administrative law symposium on “Well-Being Analysis vs. Cost-Benefit Analysis” at Duke University Law School with John Bronsteen, Jonathan Masur, Lisa Robinson, Kip Viscusi, Matthew Adler, Jennifer Nou, and Peter Ubel.  Chris also participated in a Symposium on Kal Raustiala and Christopher Sprigman’s The Knockoff Economy at Notre Dame Law School in January 2013. His article, Economic Analysis of Criminal Intellectual Property Law (with Jonathan Masur), has been submitted for publication.  Finally, he will be serving as an officer in the AALS section on Intellectual Property for 2013.

Wendy Netter Epstein has accepted a tenure-track position at DePaul University College of Law, beginning Fall 2013, where she will be teaching Contracts, Sales, and Health Care Law.  Wendy has been a Visiting Assistant Professor in the Legal Writing Program since 2011.

Sanford Greenberg taught Introduction to American Legal Research and Writing twice in Chicago-Kent’s Overseas Training Programs last year, teaching Shanghai lawyers in March 2012, and Beijing lawyers in December 2012.

Philip Hablutzel has been appointed to a tenth consecutive one-year term, for the calendar year 2013, as a Public Member of the Business Conduct Committee of the Chicago Board Options Exchange. BCC now serves as the disciplinary body for all four exchanges operated under the umbrella of the CBOE, including its options, stock, futures, and high-speed trading exchanges.

Vinay Harpalani recently presented his paper, Theorizing Racial Ambiguity: The Case of South Asian Americans, at the Conference of Asian Pacific American Law Faculty (CAPALF) and at the Yale Critical Race Theory conference.  He also presented his recently published article, Diversity Within Racial Groups and the Constitutionality of Race-Conscious Admissions, at New York University (NYU) School of Law, and he will be a Distinguished Speaker for the Illinois Attorney General’s Office on the constitutionality of race-conscious admissions in March.  In June, Vinay will attend the Houston Higher Education Law Roundtable at the Institute for Higher Education Law and Governance (IHELG), University of Houston Law Center.

Steven Harris has been appointed by the American College of Commercial Finance Lawyers to serve as the College’s observer to the Drafting Committee to Revise the Uniform Fraudulent Transfer Act.  In that capacity he attended the Drafting Committee’s first meeting in early February.  He also recently spoke to the Association of Foreclosure Defense Attorneys regarding the intersection of the Uniform Commercial Code and foreclosure law.  Last, but not least, Professor Harris was appointed the American Law Institute’s Liaison to the Drafting Committee on Revising the Uniform Residential Landlord and Tenant Act.

Valerie Gutmann Koch was recently appointed to the ABA Special Committee on Bioethics and the Law.  She also spoke on a panel on January 30 entitled “Careers and Opportunities in Bioethics and the Law,” sponsored by the American Bar Association and hosted by the American Bar Foundation.

Harold Krent presented a case to the Ninth Circuit in early January, arguing that the Supreme Court’s decision in Apprendi that juries must find the facts on which criminal punishment is predicated also applies to criminal restitution.  Later that month, he lectured on “Transformations in the U.S. Legal Education System” at Chiang Mai University, Chiang Mai, Thailand.

Martin Malin, along with Professors Laura Cooper (University of Minnesota) and Dennis Nolan (University of South Carolina), taught a course for labor and employment law professors interested in becoming labor arbitrators from December 7-9, 2012.  On February 15, Professor Malin spoke on, Constructing a Comprehensive Integrated Curriculum in Labor and Employment Law, at a conference on “Teaching Labor and Employment Law” at St. Louis University Law School.

Nancy Marder will present a paper as part of a panel entitled “Constituting Bodies Through Art and Music” at the annual conference of the Association for the Study of Law, Culture and the Humanities to be held at Birkbeck, University of London, in England on March 22-23, 2013.  Professor Marder has been invited to speak on social media and jurors at the Biennial Allerton Conference which will focus on “Adaptations of New Technologies to Civil Case Processes.”  The conference, organized by the Illinois State Bar Association and to be held at Starved Rock, Illinois on April 12-13, 2013, brings together primarily lawyers and judges to discuss new developments in the law, with a focus on Illinois.  Finally, in February, Professor Marder agreed to serve as a peer reviewer for the University of Chicago Press and the Interdisciplinary Law and Humanities Junior Scholars Workshop.

Mickie Piatt will be chairing the IP Summit March 21-23 in Colorado Springs.  This is an event that draws primarily corporate intellectual property attorneys and managers.  She will also present a paper, The Content Gold Rush: Navigating Copyright Issues in the Mobile Market, at that meeting.

Christopher W. Schmidt presented a paper titled Defending the Right to Discriminate: The Libertarian Challenge to the Civil Rights Movement at the AALS Annual Meeting in New Orleans in January.

David Schwartz was a panelist at the FTC/DOJ workshop on PAEs: “The Costs of Patent Assertion Entities,” Federal Trade Commission/Department of Justice Workshop on Patent Assertion Entities, Washington, DC, Dec. 2012.

Carolyn Shapiro is the Director of the new Institute on the Supreme Court of the United States (ISCOTUS), which co-sponsored a symposium with the Chicago-Kent Law Review in November. The symposium was on “The Supreme Court and the American Public.”  Her article, Claiming Neutrality and Confessing Subjectivity in Supreme Court Confirmation Hearings, will appear in the symposium issue of the law review. Christopher Schmidt helped organize the symposium.

On October 28, 2011, Carolyn and Oyez Project director Jerry Goldman made presentations to Illinois high school teachers at the Constitutional Rights Foundation Chicago’s annual Illinois Law-Related Education Conference. The 2011 conference theme was, fittingly, “Technology and the Future of Democracy.” On October 26, 2012, Professor Shapiro returned to the conference with Christopher Schmidt to make a presentation about the Affordable Care Act cases.  Carolyn spoke to high school teachers at summer workshops sponsored by CRFC in 2011 and 2012, and she also served as an invited discussant at the Conference on Empirical Legal Studies in both 2011 and 2012.

Ronald Staudt participated on January 15-16, 2013 in Jacksonville Fla, in the second session of Legal Services Corporation’s “Summit on the Use of Technology to Enhance Access to Justice,” which gathered selected technology experts, academics, private practitioners, and representatives of legal services programs, courts, and governmental and business entities to implementing a technology vision of LSC.  On January 31 and February 1, 2013, Professor Staudt met with the Advisory Board of Law Help Interactive in New York.

On Feb 2, 2013, Professor Staudt co-moderated the first meeting of the CALI A2J Clinic Project held in New York at Columbia Law School and attended by clinical faculty from six law schools who will build new clinical courses that use A2J Author to help teach new skills of digital lawyering. These participating schools will present the results of their curriculum development work at the CALI Technology Conference at Chicago-Kent on June 15, 2013.

As President of the College of Law Practice Management, Professor Staudt announced that the next College of Law Practice Management (COLPM) Futures Conference will be hosted by Chicago-Kent on October 4-5, 2013.   Finally, Professor Staudt was also invited to speak at the annual meeting of Southeastern Association of Law Schools (SEALS) in Florida on August 6, 2013 on The Law Classroom of the Future: Digital Materials as a Path to Achieving Better Outcomes at Lower Costs.

Joan Steinman was named the  winner of the 2011-12 Eisenberg Prize by the American Academy of Appellate Lawyers (AAAL) for her article, Appellate Courts as First Responders: The Constitutionality and Propriety of Appellate Courts’ Resolving Issues in the First Instance. She is the first person to win the award more than once.  She also has taped a conversation with Carolyn Shapiro for the Institute on the Supreme Court of the United States (ISCOTUS) regarding the case-or-controversy and standing-to-appeal issues in the two same-sex marriage cases pending before the Court.  Professor Steinman also was interviewed for a story regarding pseudonymous litigation, and the likelihood that a business would be permitted to sue under a pseudonym.  The story will appear in the Kansas City Star and The Oregonian.

Mary Rose Strubbe and Douglas Godfrey presented at the Legal Writing Institute’s conference in June 2012.  Professor Strubbe also taught Introduction to Research and Writing in the American Legal System in Bangkok in the spring of 2012 to the judges at the Judicial Training Institute; and in December 2012 to students at Chinese University of Political Science and Law (CUPL) in Beijing.

Richard Warner and his co-author Robert Sloan will present Beyond Notice and Choice: Streetlights, Norms, and Online Consent at the Privacy Law Scholars Conference June 5-6, 2013.

Research in Progress – February 2013

Lori Andrews is currently writing a chapter for an MIT Press book called The Gameful World: Approaches, Issues, Applications.  Her chapter is about the ethical and legal issues raised by the use of game-like designs or elements in non-game situations (such as health care, the workplace, and energy awareness).  This has led to a larger project on the legal implications of gamification.

Nancy Marder is working on the editing and production of her piece entitled 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.”

Publications – February 2013

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

Vinay Harpalani‘s essay, Fisher’s Fishing Expedition, which examines the Supreme Court oral arguments in Fisher v. Texas, will be published in Heightened Scrutiny, the online supplement to the University of Pennsylvania Journal of Constitutional Law, in February 2013.  His article, From Roach Powder to Radical Humanism: Professor Derrick Bell’s “Critical” Constitutional Pedagogy, will be published in a special symposium issue of the Seattle University Law Review in 2013.

Todd Haugh co-authored with John Hagan (Northwestern University) and Richard Brooks (Yale Law School) the chapter Reasonable Grounds Evidence Involving Sexual Violence in Darfur in the book Sexual Violence as an International Crime: Interdisciplinary Approaches, published in December 2012.

Martin Malin has published three articles since the last issue of Faculty News: Sifting Through the Wreckage of the Tsunami that Hit Public Sector Collective Bargaining, 16 Emp. Rts. & Emp. Pol’y J. 533 (2012) (invited contribution to special issue); Two Models of Interest Arbitration, ­­­28 Ohio St. J. on Disp. Resol. 145 (2013) (invited contribution to special issue); and Does Public Sector Collective Bargaining Distort Democracy? A Perspective from the United States, 34 Comp. Lab. L. & Pol’y J. 277 (2013) (invited contribution to international symposium).

Nancy Marder‘s article The Conundrum of Cameras in the Courtroom has been published in 44 Ariz. St. L.J. 1489 (2013).  Her book review of Daniel Givelber and Amy Farrell’s Not Guilty: Are the Acquitted Innocent? (2012) is about to appear in 47 Law & Soc’y Rev. 229 (2013).  Her essay The Changing Composition of the American Jury is about to appear in Then & Now: Stories of Law and Progress on Feb. 23, 2013.  The book is written by Chicago-Kent faculty in honor of the law school’s 125th Anniversary.

David Schwartz‘s article, The Rise of Contingent Fee Representation in Patent Litigation was published at  64 Ala. L. Rev. 335 (2012).  Also published was The End of an Epithet: An Exploration of the Use of Legal Scholarship in Intellectual Property Decisions, 50 Hous. L. Rev. 523 (2012) (with Lee Petherbridge) (for symposium).

Carolyn Shapiro‘s article, Compassion and Coalitions: A Review of Reshaping the Work Family Debate: Why Men and Class Matter by Joan Williams, was published at 15 Emp. Rts. & Emp. Pol’y J. 567 (2011).

Adrian Walters’s article, Involuntary Bankruptcy as Debt Collection: Multi-Jurisdictional Lessons in Choosing the Right Tool for the Job, (co-authored with Jason Kilborn) was accepted for publication during 2013 in the American Bankruptcy Law Journal.

Richard Warner and Robert Sloan’s book, Unauthorized Access: The Crisis in Online Privacy and Security (Chapman Hall/CRC) will be published in July 2013.