Monthly Archives: February 2014

Faculty Activities – February 2014

Lori Andrews will be speaking at a number of engagements across Chicagoland and the country in addition to continuing her work with social networks, technologies and privacy by sponsoring two conferences this spring. She has been working closely with The Media Consortium to co-sponsor the February 27th journalism conference, “No Secrets: Journalism in the Age of Surveillance.” She will present “More than a Face: What Social Media Knows About You,” which addresses the power of data in a world dependent on social media. Lori Andrews will also sponsor a conference, “Health on the Go – Medical Apps, Privacy, and Liability” on April 4th at IIT Chicago-Kent College of Law to discuss the health benefits, risks and legal challenges paved by the collection of health information from apps, social networks and games. Lori Andrews will also be presenting at two IIT-sponsored conferences: The Infrastructure of Creativity Conference in April and the IIT Institute of Design Strategy Conference in May. She was interviewed by the Chicago Tribune about computer software that allows teachers to spy on high school students.

In February 2014, Lori Andrews will present, “How Did Gene Patents Get to be a Civil Liberties Issue?,” at the North Carolina Journal of Law and Technology (JOLT) Symposium. She will also be a guest on the American Variety Radio program to discuss internet privacy, social networks and data aggregation.

Ralph Brill attended “Reinventing Law,” a day-long session held at Cooper’s Union in New York City on February 7, 2014. More than 700 legal professionals took part in discussions of the future of law and technology for law practice and legal education.

William Birdthistle hosted his sixth annual investment fund roundtable in New York City on January 31, 2014. He has been invited to present at the AALS 2014 Midyear Meeting Workshop entitled “Blurring Boundaries in Financial and Corporate Law” in June 2014. The Securities Law Committee of the Chicago Bar Association has invited Professor Birdthistle to present at their annual seminar in March 2014.

Douglas Godfrey was interviewed for a story which aired on Diane Sawyer’s ABC World News about the death of Renisha McBribe and whether there could be a viable claim of self-defense. Professor Godfrey was also interviewed by Paul Lisnek for CLTV’s program Politics Tonight about the report issued by special Prosecutor Dan Webb concerning the death of David Koschman and the delayed prosecution of Richard Vanecko for that death.

A successful result obtained by Richard Gonzalez in an American With Disabilities Act case involving the unresolved issue of how specifically a disabled employee needs to request a particular accommodation from an employer was widely covered in a variety of employment law news update emails and blogs.

Sanford Greenberg taught “Introduction to Research and Writing in the American Legal System” to lawyers at East China University of Political Science and Law in Shanghai as part of Chicago-Kent’s Overseas Training Program in December 2013.

Philip Hablutzel was reappointed for an eleventh one-year term as a Public Member on the Business Conduct Committee (BCC) of the Chicago Board Options Exchange.  The CBOE now operates four exchanges: for options, for stocks, for futures and for high-frequency trading. The BCC serves as the disciplinary body for all four exchanges.  In February 2014, Professor Hablutzel participated in a three-day meeting of the ABA Committee on Derivatives and Futures Law in Naples, Florida. The meeting examined the implementation of the Dodd-Frank Act’s mandate that the Commodity and Futures Trading Commission regulate swaps and trading in swaps. In March he will be teaching a course for Spanish law students in Madrid.

Steven Harris, as part of the United States delegation, participated in a meeting of the Preparatory Commission for the establishment of an international registry for space assets. The registry will be established in accordance with the Cape Town Convention on International Interests in Mobile Equipment.

In February 2014, Valerie Gutmann Koch was an invited speaker on the panel, “What’s the Real Truth? The Impact of Direct-to-Consumer Genetic Testing,” at the ABA Midyear Meeting. She also presented her work-in-progress, Establishing a Private Right of Action for Informed Consent in Research: Incidental Findings, the Investigator-Participant Relationship, and the Autonomy Principle at the Valparaiso University Law School Chicago Junior Faculty Workshop.

Harold Krent spoke to members of the House Ways & Means Committee on reforming Social Security disability adjudication.

Over the past few months, Nancy Marder, under the auspices of the Justice John Paul Stevens Jury Center, has been organizing an international conference on the jury, entitled “Juries and Mixed Tribunals Across the Globe: New Developments, Common Challenges and Future Directions,” which will be held at the International Institute for the Sociology of Law in Onati, Spain in June 2014. Professor Marder wrote the proposal for this conference, which was selected by the Institute through a competitive process. The conference will include jury scholars from around the world and the papers from this conference will be published as a book.

On January 24, 2014, Professor Marder presented her paper entitled Jurors and Social Media:  Is a Fair Trial Still Possible? as part of a panel on “Fair Trials and the Modern Jury” at SMU Law School.  Professor Marder was invited to participate in this conference, called “A Criminal Justice Colloquium,” and her paper will be published as part of a special issue of the SMU Law Review.

In February 2014, Professor Marder served as a peer reviewer for the University of Chicago Press.

In January 2014, César Rosado Marzán presented his article, Labor’s Soft Means, Hard Challenges: Fundamental Discrepancies and the Promise of Non-Binding Arbitration for International Framework Agreements at the Finnish Labor Court in Helsinki, Finland. The article is forthcoming in volume 98 of Minnesota Law Review. His article, Organizing with International Framework Agreements: An Exploratory Study, which is forthcoming in the UC Irvine Law Review, was selected from more than 300 for presentation at the 2014 International Sociological Association meetings, which will take place in July in Yokohama, Japan.

Christopher Schmidt was appointed Director of Chicago-Kent’s Institute on the Supreme Court of the United States (ISCOTUS) in January 2014.

David Schwartz presented his paper Patent Assertion Entities under the Microscope: An Empirical Assessment of Patent Holders as Litigants at the University of Pennsylvania Law School Conference “Patent Reform: Theoretical Propositions and Factual Foundations” in December 2013.  Professor Schwartz also participated in the “Roundtable on Alternative Litigation Finance” at Stanford Law School in January 2014, and participated in a webcast by the Federal Circuit Bar Association entitled “Are Patent Assertion Entities Responsible for the Rise in Patent Litigation?” in February 2014.

Joan Steinman participated in a moot court for lawyers in Paroline v. United States, who were practicing for their argument before the Supreme Court in a case raising the question “What, if any, causal relationship or nexus between the defendant’s conduct and the victim’s harm or damages must the government or the victim establish in order to recover restitution under 18 U.S.C. § 2259?,” a statute that mandates restitution by those convicted of producing, distributing, or possessing child pornography of the “full amount of the costs” incurred by the victims of such pornography. Earlier, she spoke about appellate issues to a group of Thai judges who visited Chicago-Kent.

Ronald Staudt will give the following presentations: “The Future of Legal Education, Law School Training for New Platforms for the Delivery of Legal Services,” South Carolina University Law Review Symposium, February 28, 2014; “Justice Lawyering and Legal Education in the Digital Age,” at Southern Illinois College of Law, April 25, 2014; “Leveraging Smart Phones and Law Students to Grow Legal Aid: A2J Author 5.0,” Equal Justice Conference, Portland, Oregon, April 30, 2014; “Justice, Legal Education and the Cloud,” at CodeX, Stanford University Law School, May 1, 2014; and will give the opening plenary address at the AALS Midwest Clinical Education Conference at Michigan State Law School, September 12, 2014.

Mary Rose Strubbe was nominated for induction into the prestigious College of Labor & Employment Lawyers, a national organization that honors the nation’s best labor and employment practitioners.  Professor Strubbe taught “Introduction to the American Legal System” in Chicago-Kent’s Overseas Training Program at East China University of Politics and Law, in Shanghai in January. The group consisted of 21 talented lawyers, through Chicago-Kent’s program with the Shanghai Bar Association.

Dan Tarlock was appointed a Member of the Technical Advisory Committee, Global Water Partnership, a World Bank funded organization to develop strategies for better water use for the developing world. He will attend the first meeting in Oxford, England in March 2014.

Publications – February 2014

Lori Andrews wrote a law review article, The “Progress Clause”: An Empirical Analysis Based on the Constitutional Foundation of Patent Law, which analyzes studies of the impact of gene patents on research and innovation, for a symposium issue of the North Carolina Journal of Law and Technology. Professor Andrews wrote a chapter entitled, An Informed Consent Model for Privacy and Data Collection in the Gameful World, for the book, The Gameful World, which will be published in 2014 by the MIT Press. In the chapter, she identifies problems with the data collection present in online games and internet activities and describes what an informed consent model of online privacy should look like. 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. An interview with Professor Andrews will appear in the book, Bright Lights of the Second City: 50 Prominent Chicagoans on Living with Passion and Purpose.


Steven Harris’s article, UCC Article 9, Filing-Based Priority, and Fundamental Property Principles: A Response to Professor Plank, was published in the November 2013 issue of The Business Lawyer. 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.


Valerie Gutmann Koch, as Special Advisor to the New York State Task Force on Life and the Law, the state’s bioethics commission, oversaw the final publication in January 2014 of the Task Force’s Report and Recommendations for Research with Human Subjects Who Lack Consent Capacity. An article addressing this report, entitled Of Vital Importance: The New York State Task Force on Life and the Law’s Report and Recommendations for Research with Human Subjects Who Lack Consent Capacity, which she authored with Susie A. Han, will be published in the upcoming issue of the New York State Bar Association’s Health Law Journal. Also in conjunction with the publication of the Task Force’s report, Professor Koch’s work was featured on the Hastings Center Blog, Bioethics Forum, and Public Responsibility in Medicine and Research (PRIM&R)’s blog, Ampersand.


The second edition of Martin Malin’s labor law casebook has just been published, Labor Law in the Contemporary Workplace: Cases and Materials (2d ed. West 2014) (coauthored with Kenneth Dau-Schmidt, Roberto Corrada, Christopher Cameron, and Catherine Fisk). Professor Malin published Constructing a Comprehensive Curriculum in Labor and Employment Law in 58 St. Louis L.J. 111 (2013).


Henry Perritt’s law review article, Sharing Public Safety Helicopters, co-authored with Eliot Sprague and Chris Cue, has been accepted for publication by SMU’s Journal of Air Law and Commerce. A shortened version has been published as a “resource” on the website of the Airborne Law Enforcement Association, and a derivative magazine article is under consideration for Air Beat magazine. The article explores legal mechanisms for making helicopters available for public safety mission support to smaller communities that cannot afford their own helicopters.

Professor Perritt is nearing completion of a new law review article on drones and their impact on law enforcement and news-gathering helicopters. The article, co-authored with Eliot Sprague, has spawned interest from two helicopter-industry magazines, which are considering two magazine articles excerpted from the larger article: Drones and Their Impact on Helicopters and Drone Dread.

Professor Perritt was interviewed by DNAinfo reporter Casey Cora about the impact of a second-heliport proposal before the Chicago City Council.


Christopher Schmidt’s article Divided by Law: The Sit-Ins and the Role of the Courts in the Civil Rights Movement (forthcoming Law and History Review) won the 2014 Association of American Law Schools’ Scholarly Papers Competition. He presented the article at the AALS annual meeting in January.  His review essay The Challenge of Supreme Court Biography: The Case of Chief Justice Rehnquist, has been accepted for publication in Constitutional Commentary. The UCLA Law Review recently published Why Broccoli? Limiting Principles and Popular Constitutionalism in the Health Care Decision, an article Professor Schmidt wrote with Professor Mark Rosen. Professor Schmidt has also recently published online book reviews for H-Net and Jotwell.


David Schwartz’s article, written with Jay P. Kesan, Analyzing the Role of Non-Practicing Entities in the Patent System was published in 99 Cornell L. Rev. 425.


Joan Steinman has revised and re-submitted to law journals an article now entitled, The Puzzling Appeal of Summary Judgment Denials: When are Such Denials Reviewable? She just finished correcting the page proofs for the 2014 Pocket Parts to Volumes 14B & C of the Wright & Miller Federal Practice and Procedure treatise, covering all aspects of removal and remand.


Dan Tarlock’s book was recently published: Water Resource Management (7th ed. 2014), written with James Corbridge, Reed Benson, and Sarah Bates.  Professor Tarlock published two articles Mexico and the United States Assume a Legal Duty to Provide Colorado River Delta Restoration Flows: An Important International Environmental and Water Law Precedent, in the Review European Comparative and International Environmental Law (2014), and New Challenges for Urban Areas Facing Flood Risks, 40 Fordham Urban L. J.1739 (2013), which he wrote with Debbie M. Chizewer.


Research in Progress – February 2014

Lori Andrews is writing a law review article on the increasing pervasiveness of gamification in employment and its implications for labor law. She is also writing a policy paper about the legal issues created by webcams.


Oxford University Press offered William Birdthistle a contract to publish a book tentatively entitled, The Money Management Empire.


Martin Malin continues, along with Professor Sara Slinn of Osdgoode Hall Law School, York University, and Professor Jon Werner of the University of Wisconsin, to work on their project, An Empirical Comparison on the Handling of Statutory Human Rights Claims in Labour Arbitration in Ontario and before the Human Rights Tribunal of Ontario. Students from Chicago-Kent and Osgoode Hall are completing the coding of the cases and the professors are beginning the quantitative analysis. Professor Malin and his co-authors are scheduled to present preliminary results at the National Academy of Arbitrators Annual Meeting in May 2014 and at a meeting of The Labor Law Group at Cornell University in late June 2014.


In December 2013, Nancy Marder completed the book chapter entitled Jurors and Juries that she was invited to write for a book called Wiley Handbook of Law and Society. The chapter traces the main theoretical developments and controversies concerning the jury over the past few decades and identifies paths for jury scholarship in the future.


In February 2014, Professor Marder continued working on her article Jurors and Social Media: Is a Fair Trial Still Possible?  The article will be published in volume 67 of SMU Law Review and will be highlighted in the March 2014 issue of Chicago-Kent’s Faculty Perspectives.


In January 2014, Professor Marder wrote an essay on jury instructions that she was invited to contribute as part of a volume called Speaking of Language and Law: Conversations on the Work of Peter Tiersma. The volume, a compilation of essays in honor of law professor and linguist Peter Tiersma, will be published by Oxford University Press in 2014.