Monthly Archives: May 2013

Faculty Activities – April 2013

Lori Andrews filed an amicus brief in the U.S. Supreme Court on behalf of medical organizations, including the AMA, in support of the petitioners in Association for Molecular Pathology v. Myriad Genetics in January 2013The question before the Court was: Are human gene patentable?  She argued in her brief that genes were unpatentable products of nature and that allowing patents on genes interferes with health care and research.  While attending the oral argument for the case in Washington, D.C., Professor Andrews was interviewed for two days by a documentary film crew, which followed her through the city.

In February 2013, Professor Andrews presented “Privacy in the Era of Facebook” at DePaul University Schools of Law and Business in Chicago, Illinois; gave a presentation to the Midwest chapter of the Federal Communications Bar Association entitled “Communications Law in the Era of Facebook”  in Chicago, Illinois; gave the speech “What Would the Founding Fathers Think of Facebook?” at the annual “Constitution and the Imagining of America” Colloquium at Amherst College in Amherst, Massachusetts; and presented “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 presented “Social Networks, Courts, & Family Privacy” at the University of Maryland in Baltimore, Maryland, at the “Family, Privacy, Secrets, and Law” Conference.

In June 2013, Professor Lori Andrews will participate in a panel and a plenary at the Law and Society Association in Boston, Massachusetts.  She will also speak at the ABA Board of Governors Book Club in Chicago, Illinois, in June 2013.

Interviews with Lori Andrews have appeared in articles about gene patents on ABC and  She was interviewed by The Globe and Mail about Snapchat and for a blog on The New York Times about the tweets of Suspect Number 2.  She was also quoted in an obituary of Robert Edwards, the IVF pioneer, in The Washington Post.

Professor Andrews has appeared on radio shows including Coast to Coast AM with George Noory, Minnesota NPR’s The Daily Circuit to discuss the patentability of human genes and AMP v. Myriad, and was interviewed about internet privacy by a California-based radio show Privacy Piracy on internet privacy.  She has also been interviewed on FOX Carolina about employment law and Facebook, on NBC Chicago about Snapchat, on WGN News in Chicago about revenge porn, on Fox and Friends about the IRS’s use of Facebook information, and in a video about the case Association for Molecular Pathology v. Myriad Genetics created by the OYEZ project.  She was recently interviewed about the market for organs and tissue (based on her co-authored book Body Bazaar) for a segment of the HBO news show VICE.


William Birdthistle‘s paper, The Fifth Branch, has been accepted for presentation at the National Business Law Scholars Conference in June.  He will also be hosting the Fifth Annual Investment Fund Roundtable at the University of Chicago on Friday, May 17, 2015.


Christopher Buccafusco was named IIT’s Teacher of the Year.


Todd Haugh is presenting his forthcoming article Sentencing the Why of White Collar Crime twice this month, at John Marshall Law School’s Chicago Junior Faculty Workshop and at the University of St. Thomas School of Law’s Spring Colloquium.  He will also be presenting the article at the Law and Society Annual Conference in Boston this June.


Vinay Harpalani was invited by Professor Devon Carbado to present his article, DesiCrit: Theorizing the Racial Ambiguity of South Asian Americans, at the UCLA Advanced Critical Race Theory Workshop, and he had previously presented it at the Conference of Asian Pacific American Law Faculty (CAPALF) and at the Yale Critical Race Theory Conference in February 2013.  Additionally, in March 2013, Vinay was invited to participate on a panel discussion about diversity in education at the University of Pennsylvania School of Law.


Steven Heyman organized and spoke at a Forum on Same-Sex Marriage and the Constitution, which was held on March 27, the day that the Supreme Court concluded two days of oral arguments on the subject.  The forum was co-sponsored by the Chicago-Kent Institute on the Supreme Court of the United States (ISCOTUS), the Chicago-Kent Lambdas, and the law school’s chapters of the American Constitution Society and the Federalist Society.  He also appeared on WGN-TV and CLTV to discuss the gay marriage cases.  In April, Professor Heyman gave a talk on funeral picketing and the First Amendment to the law school chapter and the Chicago Lawyers Chapter of the American Constitution Society.  The talk was based on his article To Drink the Cup of Fury: Funeral Picketing, Public Discourse, and the First Amendment, which was recently published in the Connecticut Law Review.


Harold Krent spoke on Social Security disability reform at a Brookings Institute forum in Washington, DC on April 19th.


Martin Malin taught a course on grievance arbitration for the University of Illinois Labor Education Program on March 27 and 28.  He also spoke on insubordination and participated on panels on computer misuse and on contract interpretation at the Labor Arbitration Institute’s annual Chicago conference on April 17 and 18.


Nancy Marder has organized a panel entitled “Law and the Visual” for the Law & Society Association (LSA) Annual Meeting, which will be held in Boston, MA on Saturday, June 1, 2013.  Professor Marder will present a paper entitled The Court and the Visual:  Images and Artifacts in U.S. Supreme Court Opinions as part of this panel.
Professor Marder has organized another panel entitled “Jury Practices:  Past, Present and Future” for the LSA Meeting in Boston.  Professor Marder will serve as chair and discussant for this panel, which will be held on Thursday, May 30, 2013.  This panel will also include a paper by Mar Jimeno-Bulnes, who was a visiting professor and fellow of the Jury Center at Chicago-Kent in 2011-2012.


Sheldon Nahmod organized and spoke at his annual 2-day conference on section 1983 at the Law School on April 18-19, 2013. Over 150 attorneys from around the country were in attendance. This was the 30th anniversary of his conference.  Professor Nahmod spoke at a Chicago-Kent program on the Second Amendment sponsored by the Federalist Society on February 27. He discussed the Supreme Court’s Heller and McDonald decisions as well as Second Amendment decisions in the circuits.  His blog on section 1983 and constitutional law has received over 72,000 views. In his blog he recently inaugurated a series for the general public called “Know Your Constitution.”  Professor Nahmod also spoke on video as part of Oyez’s “Deep Dive” into the same-sex marriage cases currently before the Supreme Court. He also spoke on video as part of Oyez’s “Deep Dive” into the Supreme Court’s 44-year-old students’ free speech decision in the Tinker case as well as into the Supreme Court’s pathbreaking 1990’s commerce clause decision in Lopez.  Finally, Professor Nahmod will speak to the Louisiana Association for Justice on “A Section 1983 Overview and Update” in New Orleans on May 17, 2013.


Henry Perritt wrote a short play, Repentance, that introduced the Chicago-Kent CLE program, “We Are Not Alone,” presented at the Law School on February 22.  Professor Perritt’s Chicago lawyer and crime drama, Giving Ground, is being remounted as part of a 3-credit CLE program to be produced by Chicago-Kent on June 28 and 29. Casting is complete, and rehearsals will begin on May 20.

Professor Perritt’s law review article, Competitive Entertainment Implications of the NFL Lockout Litigation for Sports, Theater, Music, and Video Entertainment, 35 Hastings Comm. & Ent. L.J. 93 (2012), has been judged one of the best law review articles published within the last year in the fields of entertainment, publishing and the arts, according to Thomson Reuters.


César Rosado Marzán presented a paper titled, Organizing Unions in the U.S. with International Framework Agreements: An Exploratory Study at the University of California-Irvine School of Law and at Chicago-Kent.  He was also recently chosen to be on the Editorial Board of the Revista Chilena de Derecho del Trabajo y de la Seguridad Social (Chile).

Prof. Rosado Marzán was invited by the University of Minnesota Law School to present a paper in October of this year on how international framework agreements compel (or do not) transnational labor cooperation. The presentation will be done as part of a symposium on the future of American labor law and industrial relations. The Minnesota Law Review will publish the paper in the spring of 2014.

Prof. Rosado Marzán’s article with Sergio Gamonal Contreras, The Protective Principle: How South American Work Law Protects Workers as a Matter of Principle, and so Does the United States, will be presented next month at the Law & Society Association Meeting in Boston, Massachusetts and at the Labor Law Research Network Conference in Barcelona, Catalonia.

He will also present Organizing Unions in the U.S. with International Framework Agreements: An Exploratory Study, in the LatCrit conference coming up in May in San Juan, Puerto Rico, at the Law & Society Association Meetings in Boston, Massachusetts, and at the Labor Law Research Network inaugural conference in Barcelona, Catalonia.

Finally, Prof. Rosado Marzán recently attended the annual meeting of the New York University Center for Labor and Employment Law.  As a Research Fellow of the Center he will edit its 2013 annual conference proceedings, which will revolve around the theme of “Regulation of Compensation in Light of the 75th Anniversary of the Fair Labor Standards Act.”


Christopher Schmidt hosted the inaugural U.S. Legal History Roundtable at the American Bar Foundation on April 19.  This gathering brought together legal historians from around the country to discuss new scholarship in the field.  Professor Felice Batlan was among the participants.


David Schwartz presented The Presumption of Validity in Patent Litigation: An Experimental Study at PatCon3, Chicago-Kent College of Law, April 2013. He also served as the moderator for “Patent Small Claims Court Proposal: Effects on the Potential User Community,” American Intellectual Property Law Association, Chicago, IL, Feb. 2013. Finally, he was primarily responsible for planning and hosting PatCon3, the only annual patent conference for academics. PatCon3 was held on April 12 and 13, 2013 at Chicago-Kent, and included presentations by 50 patent academics, a keynote address by Judge Richard Linn of the U.S. Court of Appeals for the Federal Circuit, and a debate about the patent system between Judge Richard Posner of the U.S. Court of Appeals for the Seventh Circuit and Professor Richard Epstein of the New York University Law School. Approximately 200 people attended PatCon3 including practitioners, in-house, and government lawyers from across the country, as well as students from 9 different law schools.


Ronald Staudt and John Mayer, Executive Director of CALI, will moderate a half day conference for clinical professors entitled “Justice, Lawyering, and Legal Education in the Digital Age,” on June 15, 2013.  The symposium is cosponsored by CALI and the Chicago-Kent Law Review, which will publish it in 2013 volume 3, with the same title, in time to be distributed at the conference.  Fifteen speakers will discuss their articles in the law review symposium or their clinical courses that are part of the CALI A2J Clinic Project.  Professor Staudt will also present his article, coauthored with Andrew Medeiros: Access to Justice and Technology Clinics, A 4%.


Joan Steinman was awarded the 2012-2013 Ralph L. Brill Award by the Chicago-Kent Student Bar Association on April 23 for “exemplary service and outstanding accomplishment.”  On April 27, she received the Eisenberg Prize by the American Academy of Appellate Lawyers (AAAL).  She has also been invited by Cook County Circuit Court Chief Judge Evans’s office to make a presentation on personal jurisdiction to attorneys involved in state court family law disputes.


Kent Streseman received the Teacher of the Year Award from the Chicago-Kent Student Bar Association.


Adrian Walters presented his forthcoming American Bankruptcy Law Journal paper on involuntary bankruptcy (co-authored with Jason Kilborn) at a Washburn University Law School faculty workshop in March 2013. He also presented a series of two lectures on the EU Insolvency Regulation at St John’s University School of Law in New York as part of a 2-credit, multi-school JD/LLM international bankruptcy class jointly sponsored by the American College of Bankruptcy and the International Insolvency Institute. In July he will be visiting the University of Verona in Italy where he will teach a week long symposium in international bankruptcy law to graduate students and practitioners. He continues to blog for law student and practitioner audiences at The Walters Way.


Richard Warner participated in the following conferences: “Cyberdefense: Why We Waste Billions,” Fulbright Commission, Warsaw, March 25, 2013; and “Data, Privacy, Security, and the Courts: Where Are We? And, How Do We Get Out of Here?,” ForenSecure ’13: Cyber Security & Forensics Conference & Expo, April 19, 2013. Future conferences include: “Under the Streetlight: The Failure of Notice and Choice in the US and the EU,” Fulbright Commission, Warsaw, May 21, 2013; “Systematic Surveillance: Privacy and the Detection of Financial Crime,” Advanced Technologies in Detecting and Combating Financial Crimes,” Warsaw, May 22, 2013; and “Beyond Notice and Choice: Streetlights, Norms, Consent,” Privacy Law Scholars Conference, Berkeley, June 5–6, 2013.


Richard Wright taught an intensive course on Comparative Tort Law at the China University of Political Science and Law, Beijing, China, April 14-26, 2013.  While in Beijing, he met with, among others, Professor Lixin Yang, Director of the Center for Civil and Commercial Jurisprudence of Renmin University and Vice Chairman of the Civil Law Research Association of the China Law Society, known as “the father of China’s tort law,” to discuss further revisions in that law and its interpretation, and he delivered a lecture on “Ambiguities and Questions Regarding Liability and Its Allocation in China’s Tort Liability Law” at the Faculties of Law of the Capital University of Economics and Business and the Beijing Institute of Technology.  On May 8, 2013, he delivered a lecture on “Tort Liability in the Civil Law, the Common Law and US Law: Commonalities and Differences” at the Faculty of Law of the University of Burgos, Spain.  He participated in the Philosophical Foundations of Contract Conference at University College, London, England, May 10-11, 2013, made a presentation on “Tort Liability: Assessing Plaintiff’s Conduct” to the Obligations Discussion Group of the Faculty of Law at Oxford University, England, May 13, 2013, and presented a paper on Causal Analysis: The Indispensability and Non-Circular Nature of Causal Laws at the Conference on Causation and Responsibility at King’s College London, England, May 15, 2013.  On June 6-7, 2013, he will participate as an external partner in a meeting and workshop at the Centre for Enterprise Liability of the Faculty of Law at the University of Copenhagen, Denmark, where he will make a presentation on “Enterprise Responsibility and Individual Responsibility.”

Research in Progress – April 2013

Lori Andrews is currently writing a law review article on the Progress Clause of the U.S. Constitution and the patent eligibility of genes.  Using Association for Molecular Pathology v. Myriad Genetics as a case study, Professor Andrews is analyzing whether gene patents promote innovation or hinder it.  Lori has also been conducting research for a law review article on the increasing pervasiveness of gamification in everyday life and its effect on all areas of the law including employment law, privacy, virtual property rights, and intellectual property.


Nancy Marder is working on a book chapter on Justice Stevens and his law clerks.  Professor Marder was invited by editor Todd Peppers to contribute this chapter to a book entitled In Chambers: More Stories of Supreme Court Law Clerks and their Justices, to be published by the University of Virginia Press.

Publications – April 2013

For IIT Chicago-Kent College of Law’s 125th Anniversary, Lori Andrews both co-edited and wrote a chapter entitled Privacy & Technology: A 125-Year Review in the book, Then & Now: Stories of Law and Progress (2013).

The MIT Press will be publishing the book, The Gameful World, in which Professor Andrews has written a chapter entitled Privacy and Data Collection.  The chapter discusses the legal issues concerning gamification as well as the psychological, financial, and societal impacts that gamified applications have on users.  Her article, Where’s Waldo?: Geolocation, Mobile Apps and Privacy, will be published in SciTech Lawyer Journal (Summer 2013).  Her keynote address at the “Law, Science and Technology: Biotechnology, Health Inequality, and Distributive Justice” Conference at the Academia Sinica in December 2012 in Taipei, Taiwan, will be published in Biennial Review of Law, Science and Technology: Biotechnology, Health Inequality, and Distributive Justice by the Institutum Jurisprudentiae in Taipei in 2014.


William Birdthistle‘s paper, The Fifth Branch, has been accepted for publication in the Cornell Law Review in 2013.


Suzanne Ehrenberg‘s article, Embracing the Writing-Centered Legal Process, originally published in the Iowa Law Review, has been selected for publication in a collection of foundational scholarship on legal writing theory, part of the Legal Writing Institute’s Monograph Series.


Vinay Harpalani‘s article, DesiCrit: Theorizing the Racial Ambiguity of South Asian Americans, will be published this fall in Volume 69 of the New York University Annual Survey of American Law.


Todd Haugh recently accepted an offer to publish his new article, Sentencing the Why of White Collar Crime, in the Fordham Law Review.


Martin Malin published Life After Act 10?: Is There a Future for Collective Representation of Wisconsin Public Employees?, 96 Marq. L. Rev. 623 (2012).


Based on her article The Conundrum of Cameras in the Courtroom, Nancy Marder was invited to write a response to a USA Today editorial on cameras in the Supreme Court.  Her piece was published on March 27, 2013.


Sheldon Nahmod‘s history article, Section 1983 Is Born: The Supreme Court Stories of Tenney v. Brandhove and Monroe v. Pape, will be published at the end of the year in 17 Lewis & Clark L. Rev. ___ (2013).


Henry Perritt’s short story, What’s a Telegram?, was included in the Chicago-Kent Then and Now book to commemorate the Law School’s 125th anniversary.


César Rosado Marzán’s article, Organizing Unions in the U.S. with International Framework Agreements: An Exploratory Study, has been accepted for publication by the University of California-Irvine Law Review.


David Rudstein‘s article, Prosecution Appeals of Court-Ordered Midtrial Acquittals: Permissible Under the Double Jeopardy Clause?, was published in February in 62 Cath. U. L. Rev. 91.


Christopher Schmidt has two essays appearing in newly published volumes.  Defending the Right to Discriminate: The Libertarian Challenge to the Civil Rights Movement was published in Signposts: New Directions in Southern Legal History; and American Legal History, 1920-1970, was published in the Blackwell Companion to American Legal History.  Professor Schmidt has also had two articles recent accepted for publication.  Why Broccoli? Limiting Principles and Popular Constitutionalism in the Health Care Case, co-authored with Mark Rosen, will be published in the UCLA Law Review; and Explaining the Baseball Revolution will be published in the Arizona State Law Journal.


David Schwartz has two articles recently accepted for publication: Analyzing the Role of Non-Practicing Entities in the Patent System, 99 Cornell L. Rev. (forthcoming 2014); and Back from the Future: Retroactivity at the Federal Circuit, 89 Ind. L.J. (forthcoming 2014).


Joan Steinman‘s 2013 Pocket Parts to Volumes 14 B & C of Wright, Miller, et al., Federal Practice and Procedure, are about to come off the presses.


Keith Ann Stiverson wrote a chapter entitled 125 Years of Law  Books, 1888-2013 which was included in the Chicago-Kent Then and Now book to commemorate the Law School’s 125th anniversary.


Richard Warner has a forthcoming article, Beyond Notice and Choice: Privacy, Norms, and Consent, with Robert Sloan, to be published in 2014 in the Suffolk University Journal of High Technology Law.