Monthly Archives: August 2013

Faculty Activities – August 2013

Lori Andrews presented on the “Found in Translation: Sending Messages Outside the Academy Walls” panel and the “X v. Y: The Disproportionate Impact of Genetic Technologies on Women” mini-plenary at the Law and Society Association in Boston, Massachusetts, in June 2013.

In September 2013, Professor Andrews will present Ethics in Reproduction at the Southwest Fertility Forum in Austin, Texas, and she will speak at the Fueling Innovation Campaign for the Illinois Institute of Technology in New York, New York.  In November 2013, Professor Andrews will speak at the Social Network Workshop Conference at Chicago-Kent College of Law in Chicago, Illinois, and she will speak at an Assistance League of Chicagoland West event.

Professor Andrews was recently interviewed by The Washington Post for an article about the public’s acceptance of government surveillance in the name of security, was interviewed by ABC News for an article about the U.S. Supreme Court’s ruling in Association for Molecular Pathology et al. v. Myriad Genetics, that isolated human genes cannot be patented, and was interviewed by New York Magazine for an article about the public’s indifference to government intrusion into their daily lives.  Professor Andrews was also recently interviewed by Rolling Stone about rapists posting photos of their victims.

Lori has appeared on radio shows including Game on Business Talk Radio to discuss whether or not employers should be able to access their employee’s Facebook passwords, WBCB News on 90.8 FM in Chicago, The Bill Handel Show, Minnesota Public Radio’s The Daily Circuit, to talk about the U.S. Supreme Court’s decision in Myriad, Illinois Public Media and Privacy Piracy with Mari Frank to talk about internet privacy.  Professor Andrews was interviewed by the C-SPAN TV show, The Communicators, to discuss her book I Know Who You Are and I Saw What You Did, the Children’s Online Privacy Act, and the data-tracking of consumers.


William Birdthistle hosted the Fifth Annual Investment Fund Roundtable at the University of Chicago on Friday, May 17. Next year’s roundtable is being planned at Yale Law School in the Spring of 2014.  He has also been invited to give a talk at Ohio State’s Moritz College of Law on financial self-regulation on Wednesday, August 28.


Christopher Buccafusco, with David Schwartz, is organizing the first “Workshop on Empirical Studies of Intellectual Property” jointly with the US Patent and Trademark Office, to be hosted at Chicago-Kent on Oct. 11-12, 2013.  He presented “Exploring Cumulative Innovation in Copyright and Patent Law” at the Society for Economic Research on Copyright Issues, Paris, July 2013.  He also presented “Valuing Creativity and Attribution in Intellectual Property” at Freie Universitat Berlin, July 2013.


David Gerber gave lectures in February 2013 on transnational competition law at the University of Palermo Law Faculty in Italy. He also talked with officials of the European Commission in Brussels about European competition law issues.  In April, he received an honorary doctor of laws award from the University of Zurich.

In May, Professor Gerber taught a course on transnational competition law issues at the Global Law School of Catolica University in Lisbon, Portugal, and he gave a lecture to the law faculty of the University of Santiago de Compostela in Spain on Europe and Global Competition Law Development.  Finally, in June, he participated in a conference on competition law at the Center for Competition Law at the University of East Anglia in Norwich, UK on the topic of influences on competition law development in the European Union.


Philip Hablutzel has been re-appointed as a member of the Council of the Section of Business and Securities Law of the Illinois State Bar Association for 2012-2013.  On June 6, he served as Faculty Sponsor of Chicago-Kent’s 32nd Annual Conference on Not For Profit Organizations and chaired its plenary sessions on the taxation of tax exempt organizations.  Professor Hablutzel remains Director of the Institute of Illinois Business Law. During the spring semester, seven Chicago-Kent students worked with a subcommittee of the Institute in drafting a complete re-write of the Illinois Limited Liability Company Act. The four students who are returning for the fall semester also worked during the summer doing additional research on various aspects of the proposed legislation. The completed draft should be ready for release to the bar and the public for comment in early Fall 2013. Additional projects of the Institute include a proposal for a business trust statute and an “anti-double whack rule” for the Illinois Supreme Court.


Vinay Harpalani presented preliminary versions of his article, Diversity’s Doctrinal Distractions, at the Annual Meeting of the Law and Society Association, the Houston Higher Education Roundtable, the Fourth Annual John Mercer Langston Black Male Law Faculty Writing Workshop, and the Chicago Law School Junior Faculty Workshop. He will present the more finalized version at the American Constitution Society Progressive Federalism symposium at Chicago-Kent, and the Biennial Latina and Latino Critical Legal Theory, Inc. (LatCrit) Conference. Professor Harpalani will also be an invited panelist for the Legal Matters Panel at “Penn Spectrum: An Alumni Conference Celebrating Diversity,” University of Pennsylvania, in September.


Todd Haugh presented his new paper, Sentencing the Why of White Collar Crime, 82 Fordham L. Rev. __ (forthcoming), at the Law & Society Association’s annual conference in Boston in June.  He’s been invited to present the same at the International Corrections and Prisons Association’s annual conference in Colorado Springs in October.  The piece was recently featured on two sentencing blogs, Sentencing Law & Policy (hosted by Prof. Doug Berman, Ohio State) and Hercules & the Umpire (a blog by federal district judge Richard Kopf on judicial decision-making).
Professor Haugh will be attending the United States Sentencing Commission’s Symposium on Economic Crimes in New York in September as an invited speaker and workshop participant.


In August, Valerie Gutmann Koch presented twice at the ABA Annual Meeting in San Francisco: first on a panel entitled “The Myriad Genetics Decision: A Victory for Patients and R&D?” and second on a panel entitled “Careers and Pro Bono Opportunities in Bioethics and the Law.” She also had a panel presentation accepted for the annual meeting of the American Society for Bioethics and Humanities, entitled “The Role of the New York State Task Force on Life and the Law in Shaping Public Policy: Lessons Learned and Recommendations for Action Beyond New York State.”

She will be co-teaching the Law, Medicine, and Ethics course at the University of Chicago MacLean Center for Clinical Medical Ethics during the 2013-2014 academic year.

Finally, as a consultant to the New York State Task Force on Life and the Law, she finalized the bioethics commission’s “Recommendations for Extending the Family Health Care Decisions Act to Medicare and/or Medicaid-Certified and State-Licensed Agencies, Programs, and Settings,” which was submitted to the state legislature this summer.


Harold Krent‘s recommendations for reforms in Social Security disability adjudication were mostly approved by the Administrative Conference of the United States in June.


Edward Lee spoke about his paper, Piggybacking IP Rights, at the Intellectual Property Scholars Conference in August 2013.  Professor Lee will be delivering book talks for his book,  The Fight for the Future: How People Defeated Hollywood and Saved the Internet–For Now, around the country, including at Social Media Week (Chicago) on September 25, the Center for Intellectual Property Policy at McGill University, Montreal, Canada on November 1, and Harvard Law School’s Berkman Center for Internet and Society on November 5. The book will be published on September 17.


Martin Malin taught a course, “Becoming a Labor Arbitrator” for the Federal Mediation & Conciliation Service, the week of June 17 in Minneapolis.


Nancy Marder presented her paper on reality television judges at a conference on “Law and Popular Culture” held at Tilburg University in the Netherlands on June 7, 2013.  Professor Marder presented her paper, The Court and the Visual: Images and Artifacts in U.S. Supreme Court Opinions, at a conference entitled “Law in the Age of Media Logic,” which was held in Onati, Spain on June 27-28, 2013.  In July, 2013, Professor Marder was interviewed by WNYC (a NPR affiliate) for a radio segment on cameras in the courtroom. She was also interviewed by Bloomberg News on the same subject.  In August, 2013, Professor Marder served as a peer reviewer for the journal Law and Social Inquiry.


Sheldon Nahmod will speak on section 1983 at the ABA’s Labor Law section conference to be held in New Orleans on November 7, 2013.  His blog, Nahmod Law, has now passed 85,000 views. In his blog, Professor Nahmod deals with section 1983, constitutional law, the First Amendment and other legal topics. It is geared to lawyers, law students and the general public.  Professor Nahmod is also now on Twitter. His handle is @NahmodLaw. He will teach the first ever course on the Second Amendment at Chicago-Kent in fall semester 2013.


Henry Perritt co-directed his Chicago lawyer and crime drama, Giving Ground, which was presented as part of a 3-credit Chicago-Kent CLE program on June 28 and 29. He and Prof. Richard Gonzalez moderated the three discussion periods following each act.

Professor Perritt produced the premier of CCX, a new Chicago police drama by Jim Lynch, at Rivendell Theatre in March and April. Audiences were substantial and favorable, and the production received a number of good reviews.


César Rosado Marzán presented a paper titled International Framework Agreements and Union Organizing in the USA at the Labour Law Research Network meetings held in the Pamepeu Fabra University, Barcelona, and at the Law & Society Association annual meeting held in Boston, MA. Both presentations were made in June.  At both meetings he also presented a second paper coauthored with Sergio Gamonal C., of the Adolfo Ibañez University of Chile, entitled Protecting Workers as a Matter of Principle: A South American Perspective of U.S. Work Law.  At the Law & Society Association meeting held in Boston, Professor Rosado Marzán also served as discussant for a panel on regulation.


Christopher Schmidt has been appointed editor of Law and Social Inquiry, an interdisciplinary, peer-reviewed journal sponsored by the American Bar Foundation.


David Schwartz was a guest contributor on the Concurring Opinions blog in May 2013.  He was also on the faculty for “Fundamentals of Patent Prosecution 2013: A Boot Camp for Claim Drafting & Amendment Writing,” Practicing Law Institute, Chicago, May 2013.  Finally, Professor Schwartz was a speaker at the “Debate on Patent Reform in the United States,” Intellectual Property Business Congress, Boston, MA, June 2013.


Kent Streseman and six members of Chicago-Kent’s Moot Court Honor Society traveled to Scotland to participate in the inaugural Academy of the Advocate at St. Andrews, a study-abroad program launched by Baylor Law School. The academy brought together students and faculty from top appellate and trial advocacy programs throughout the United States for two weeks of intensive training. And a round or two of links golf.


Adrian Walters visited the Faculty of Law at the University of Verona during July 2013 where he taught a week long symposium in international and comparative bankruptcy law to an audience of research students and local professionals.  He has also participated in the UK government’s review of insolvency practitioner fees led by Professor Elaine Kempson of Bristol University.  The final report of the review, which will influence UK government policy on the regulation of insolvency practitioners, cites his work on complaints handling in the insolvency profession (co-authored with Professor Mary Seneviratne) and his empirical study on the role of secured creditors in corporate bankruptcy (co-authored with Professor John Armour and Professor Audrey Hsu).  On September 20, 2013 he will moderate a panel discussion on problem sections in the Bankruptcy Code as part of the American College of Bankruptcy’s Seventh Circuit Regional Program which will be held at Chicago-Kent for the second year.


Richard Warner presented Beyond Notice and Choice: Privacy, Norms, and Consent, at the Privacy Law Scholars Conference, June 6, 2013.  He is also organizing, “Money, Privacy, and Power,” an international conference at Chicago-Kent addressing surveillance of the financial system.

Finally, two new Schools of American Law will open this fall, one in Vilnius, Lithuania, and one in Warsaw, Poland. This makes seven programs in all: three in Poland; two in Ukraine; one in Lithuania; and one in Georgia.

Research in Progress – August 2013

Lori Andrews is writing 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.  She is also writing an article on health information and social networks.  Her research consists of analyzing federal and state statutes and federal regulations that deal with the protection of health care information, as well as all court cases and statutes that govern social networks.  She is also analyzing how policies might be developed to protect health care information on social networks in a manner that is more consistent with the protections for health care information in other settings.  She recently completed the draft of a law review article analyzing studies of the impact of gene patents on research and innovation.


Christopher Buccafusco‘s book manuscript, Happiness and the Law, has been accepted by University of Chicago Press for publication in 2014 (with John Bronsteen and Jonathan Masur).


Martin Malin has completed the manuscript for the second edition of Labor Law in the Contemporary Workplace (West 2013 or 2014) and has made progress on his ongoing project comparing the handling of statutory human rights claims in labour arbitration in Ontario with their handling before the Human Rights Tribunal of Ontario.  A team of students at Chicago-Kent and Osgoode Hall Law School in Toronto have been coding the cases under the direction of Professor Sara Slinn at Osgoode Hall and Professor Malin.  He also has been chairing a subcommittees to draft a code of ethics for employment arbitrators for the National Academy of Arbitrators.


Nancy Marder submitted a chapter on Justice John Paul Stevens and his law clerks, which will be published as part of a book entitled In Chambers: More Stories of Supreme Court Law Clerks and their Justices by the University of Virginia Press.  Professor Marder also is completing a law review article on jurors’ use of social media and the Internet. The title of the article is: Jurors and Social Media: Is a Fair Trial Still Possible? The article considers how courts should respond to some jurors’ propensity to write and “tweet” about their jury experience while the trial and deliberations are still ongoing.


Henry Perritt is revising his article Crowd Sourcing for Indie Movies to include analysis of the new amendments to the Securities Act of 1933 to accommodate crowd funding.  He is also finalizing his article Surviving Cyberwarfare.

Publications – August 2013

The MIT Press will be publishing the book, The Gameful World, in which Lori 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 its users.  Her article, Where’s Waldo?: Geolocation, Mobile Apps and Privacy, was 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.


Christopher Buccafusco has the following forthcoming articles: Innovation and Incarceration: An Economic Analysis of Criminal Intellectual Property Law, Southern California Law Review (forthcoming 2013) (with Jonathan Masur); What’s a Name Worth?: Valuing Attribution in Intellectual Property Law, Boston University 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 Extension, Berkeley Technology Law Journal (forthcoming 2013) (with Paul Heald).

In addition, Well-Being Analysis vs. Cost-Benefit Analysis, 62 Duke Law Journal 1603 (2013) (with John Bronsteen and Jonathan Masur), was recently published.


Steven Harris recently completed UCC Article 9, Filing-Based Priority, and Fundamental Property Principles.  The article, which was written with Charles Mooney, examines the extent to which the priority rules of UCC Article 9 enable a person to convey greater rights than the person has, and will appear in the November 2013 issue of Business Lawyer.


Valerie Gutmann Koch’s paper, Unique Proposals for Limiting Legal Liability and Encouraging Adherence to Ventilator Allocation Guidelines in an Influenza Pandemic, was published in August in the DePaul Journal of Health Care Law.


Harold Krent published Determining the Retroactive Reach of Decriminalization and Diminished Punishment, 40 Fordham Urb. L.J. City Square 7 (2013).


Edward Lee‘s paper, Copyright-Exempt Nonprofits: A Simple Proposal to Spur Innovation, will be published this fall in the Arizona State Law Journal.  His book, The Fight for the Future: How People Defeated Hollywood and Saved the Internet–For Now, is due to be published on September 17.


Martin Malin‘s article, Collective Representation and Employee Voice in the Public Sector in the United States, will appear shortly in the Osgoode Hall Law Journal.


Nancy Marder‘s article The Court and the Visual: Images and Artifacts in U.S. Supreme Court Opinions has been published in 88 Chicago-Kent Law Review 331 (2013), in a symposium entitled “The Supreme Court and the American Public.”  Her invited essay, A Viewer’s Role Is Nothing Like a Juror’s, appeared as part of the New York Times‘ online series called “Room for Debate.” The essay appears under the heading “You, the Jury” and can be found at


Sheldon Nahmod completed the 2013 Update to his leading treatise, Civil Rights and Civil Liberties Litigation: The Law of Section 1983 (4th ed. West Group; CIVLIBLIT on Westlaw). It will be published in September 2013.  His Supreme Court history article, Section 1983 Is Born: The Supreme Court Stories of Tenney and Monroe, will be published in the December 2013 issue of the Lewis & Clark Law Review.


Henry Perritt‘s 2013 Employment Law Update was published by Aspen Law and Business this spring. The update contains several chapters written by Chicago-Kent alumni and is edited by Prof. Perritt.  Supplements to Professor Perritt’s Americans with Disabilities Act Handbook; Civil Rights in the Workplace; Digital Communications Law; and Trade Secrets: A Practitioner’s Handbook, were published this Spring.


Christopher Schmidt recently co-authored an introduction (with Carolyn Shapiro) in the Chicago-Kent Law Review‘s symposium issue on “The Supreme Court and the American Public,” based on a conference he and Professor Shapiro organized last fall.  The issue also includes his article, Beyond the Opinion: Supreme Court Justices and Extrajudicial Speech.


David Schwartz has published Standards of Proof in Civil Litigation: An Experiment from Patent Law, 26 Harv. J. L. & Tech. 429 (2013) (with Christopher Seaman).


Joan Steinman’s 2013 Supplements to Volumes 14B & C of the Wright & Miller Federal Practice and Procedure treatise – covering all aspects of removal and remand – were published. She recorded a presentation for Oyez on the Supreme Court’s resolution of the standing-to-appeal issues presented by the two same-sex marriage cases that the Court decided this Term. Professor Steinman also worked on and signed on to an amicus brief filed with the U.S. Supreme Court, by a dozen law professors, in Madigan v. Levin, a case that raises questions concerning pendent appellate jurisdiction as well as a merits question concerning age-discrimination suits by state employees. Professor Steinman’s article, Pre- and Post-Judgment Review of Summary Judgment Denials after Ortiz v. Jordan – A Wider and Deeper Look, is now under consideration by law reviews.


Richard Warner has published Unauthorized Access: The Crisis in Online Privacy and Security, CRC/Chapman Hall, 2012,; and Beyond Notice and Choice: Privacy, Norms, and Consent, with Robert Sloan, __ Suffolk University Journal of High Technology Law __ (2014).