Monthly Archives: April 2014

Faculty Activities – April 2014

Lori Andrews organized and spoke at a conference, “Health on the Go: Medical Apps, Privacy, and Liability,” on April 4.  She gave a speech, “Is Intellectual Property Law at Odds with Creativity and the Public Good?,” at the IIT-sponsored “Infrastructure of Creativity Conference” in early April.  She will also present at the IIT Institute of Design Strategy Conference in May.  Prof. Andrews will speak at the annual meeting of the American Society for Biochemistry and Molecular Biology on the subject of biologists entering the legal field.  In July, she will speak in New York City at Thrillerfest, an international meeting of thriller novelists. She was quoted in a Public News Service article on data collection and journalists’ reporting of government surveillance activities, in the Chicago Tribune’s feature on a suburban high school’s use of monitoring software on students’ laptops, and in a Truthout article on federal surveillance and privacy.


William Birdthistle has been selected to make a presentation on teaching at the AALS Mid-Year Meeting entitled “Blurring Boundaries in Financial and Corporate Law.”  In December 2014, he will host the seventh annual Investment Fund Roundtable at Harvard Law School.  In March 2014, Prof. Birdthistle also made a presentation on money market funds to the Securities Law Committee of the Chicago Bar Association.


On April 11, 2014, Evelyn Brody presented Simultaneous Contrasts in the U.S. Law and Regulation of Charities” at the International Charity Law Symposium, University of Liverpool Charity Law and Policy Unit, School of Law and Social Justice, in Liverpool, U.K.  At Chicago-Kent, on October 18, 2013, she gave an “Overview of the U.S. Charity Law Regime” to a six-member delegation of officials from the Legislative Affairs Office of the State Council (SCLAO), Peoples Republic of China, as part of the observation program organized by the Asia Foundation.  Prof. Brody twice presented “State Charity Oversight: The Choice of Law Enforcer” for the 43rd Annual Conference of the Association for Research on Nonprofit Organizations and Voluntary Action in Hartford, Connecticut on November 21, 2013, and as part of the panel on “Jurisdictional Boundaries: State/Federal and State/State Relationships”, at the 2013 Charities Regulation Policy Conference: The Future of State Charities Regulation and Enforcement, organized by the Charities Regulation Project of Columbia University Law School’s National State Attorneys General Program in New York City on February 7, 2013.  Also in 2013, she presented “Corporate Change of Charitable Purpose: Who Decides and What Standard Applies?” at a faculty workshop at Brooklyn Law School on February 21, 2013 and at the “Nonprofit Forum” in New York City on February 21, 2013.

In May 2013, the South Carolina Supreme Court’s chief justice quoted Prof. Brody’s scholarship in a concurring opinion lambasting the attorney general’s actions regarding the late singer James Brown’s charitable trust.  Wilson v. Dallas (Estate of James Brown), 403 S.C. 411 (2013) (Toal, C.J., concurring), quoting Whose Public?: Parochialism and Paternalism in State Charity Law Enforcement, 79 Ind. L.J. 937 (2004).  In February 2014, the 4-justice dissenting opinion of the Washington Supreme Court cited Prof. Brody’s article on nonprofit organizations.  Certification v. Franciscan Health Sys., 317 P.3d 1009 (Wash. 2014) (Stephens, J., dissenting), citing Agents Without Principals, 40 N.Y. L. Sch. L. Rev. 457 (1996).

As part of the American Law Institute’s Project on Principles of the Law of Nonprofit Organizations, for which Prof. Brody has served as the reporter through October 2013, and now serves as consultant, in May 2013 the ALI membership approved her Tentative Draft No. 4 (March 2013), addressing aspects of private standing to sue to enforce a charitable trust or restricted gift; to bring a derivative suit; and attorney’s fees.  With the tentative completions of Chapters 3 (Governance), 4 (Gifts), and 5 (Enforcement), and assisted by several co-reporters, in October she presented the final two chapters – Chapters 1 (Relationship Between Charities and the State) and 2 (Organization and Reorganization) – as Preliminary Draft No. 6 (September 17, 2013) to the project’s Advisers and Members Consultative Group.


David Gerber gave two lectures at Koc University in Istanbul, Turkey in March, including the Distinguished Speaker lecture. The topic of the Distinguished Speaker lecture was “Europeanization, Law and the Market.”


Valerie Gutmann Koch will be giving a presentation entitled “FDA vs. 23andMe: Oversight of a Medical Device or Overreach of a Recreational Product?” at the 2014 Health Law Professors Conference, cosponsored by the American Society of Law, Medicine and Ethics and the University of California Hastings College of the Law. On May 15, 2014, she will be participating on a Law and Bioethics Career Panel at the Beazley Institute for Health Law and Policy at Loyola University Chicago School of Law, in coordination with the ABA’s Special Committee on Bioethics and the Law.  She has been invited to serve as a guest blogger for the HealthLawProf blog this summer.


In January 2014, Philip Hablutzel was reappointed for an eleventh one-year term as a Public Member of the Business Conduct Committee of the Chicago Board Options Exchange.  He was also selected for 2014 as one of its three standing members of the Hearing Panel for the CBOE’s Commodities Futures Exchange.  In April 2014, he once again took the students in his course in Securities Regulation for a special presentation of the CBOE regulatory department and a tour of the trading floor of the Options Exchange.  The students got to see two of the few remaining “open out-cry” trading pits still in operation in the world.

In March 2014, Prof. Hablutzel taught a course in International Commercial Arbitration for Spanish law students in Madrid, Spain.  On June 5, 2014, Prof. Hablutzel serves as faculty sponsor for Chicago-Kent’s 33rd Annual Conference on Not-For-Profit Organizations; he has served in that capacity since he was the Reporter for the complete revision of the Illinois Not For Profit Corporation Act in 1985.


Steven Harris served as a commentator at the Symposium on Chapter 11 Reform sponsored by the American Bankruptcy Institute and the University of Illinois.


In early April 2014, Steven Heyman presented the third annual C. Edwin Baker Lecture for Liberty, Equality, and Democracy at West Virginia University College of Law.  The lecture, entitled “The Conservative-Libertarian Turn in First Amendment Jurisprudence,” explored the ways in which conservative judges have transformed First Amendment jurisprudence in recent decades.  The lecture can be viewed on the Web and an expanded version will appear in the West Virginia Law Review later this year.  In late April 2014, he was the faculty discussant for the final film in the law school’s Documentary Film Series on Race, an exploration of hate crimes against South Asians in America called Raising Our Voices.  Prof. Heyman also made a video for and the Chicago-Kent Institute for the Supreme Court of the United States on Wood v. Moss, a case on free speech, political protest, and official immunity that the Court heard in late March 2014.


Harold Krent presented a talk on the temporal aspect of agency action at the Illinois State Bar Association’s 13th Annual Environmental Law Conference in March 2014.


In March 2014, Nancy Marder presented a paper on jurors and social media as part of a panel entitled “Problematizing the Trial” at the 17th Annual Meeting of the Association for the Study of Law, Culture & the Humanities.  This year’s conference, entitled “The Politics of Law and the Humanities: Crisis, Austerity, and Instrumentalism,” was held at the University of Virginia Law School in Charlottesville, Virginia. Prof. Marder participated in a post-performance conversation about Arguendo, a play based on the transcript of the oral argument in Barnes v. Glen Theatre, Inc. (familiarly known as “the nude dancing case”) before the U.S. Supreme Court.  Prof. Marder was a law clerk for Justice Stevens when the case was argued before the Court,. She explained some of the procedures at the Supreme Court and gave some of the background of the case. The play and the post-performance conversation took place at the Museum of Contemporary Art in Chicago. in March.

In May 2014, Prof. Marder will give a presentation as part of a panel on “50 Years of Research on Juries and Lay Participation in Law” at the 50th Annual Meeting of the Law & Society Association, which will be held in Minneapolis, Minnesota.

In April 2014, Prof. Marder oversaw and announced the selection of two Justice John Paul Stevens Summer Public Interest Fellowships at Chicago-Kent and Yale.  The fellowship, established in honor of Justice Stevens and the social justice values embodied by his career and jurisprudence, provides living expenses to two law students from each of these law schools to take non-paying summer jobs at public interest organizations. This year marks the fourth year of the fellowship at Chicago-Kent and the second year at Yale.

Prof. Marder was invited to become a member of the American Board of Trial Advocates (ABOTA) Advisory Committee on the Civil Jury.

Sheldon Nahmod‘s 31st Annual Section 1983 Conference takes place at Chicago-Kent on April 24-25, 2014. In addition to organizing the Conference, he will be speaking about the Section 1983 Claim as well as The Second Amendment. Prof. Nahmod co-authored a law professors’ amicus brief in an important public employee free speech case, Lane v. Franks. The case will be argued in the U.S. Supreme Court on April 28, 2014, with a decision expected by the end of June.



Henry Perritt‘s law review article on drones, co-authored with Eliot Sprague, has been submitted to a number of law reviews. The article concludes that “microdrones” currently on the market can provide useful support to law enforcement agencies, TV stations and utilities, and that the FAA should accelerate its efforts to relax current prohibitions on their use. It also concludes that “macrodrones”–drones the size of manned helicopters–may end up costing so much that no one will use them.  Prof. Perritt testified before the Chicago Plan Commission in support of a second heliport for Chicago.



César Rosado Marzán presented a paper, co-authored with Sergio Gamonal C., on age discrimination law in Latin America, at Lund University, Sweden, on April 26, 2013. The paper and presentation were part of an international conference on age discrimination.  The American Sociological Association recommended him for a grant to present a paper on international framework agreements at the International Sociological Association meetings in Yokohama, Japan, in July. The paper to be presented, Organizing with International Framework Agreements: An Exploratory Study, is available on SSRN.  He was also invited by the Law School of the Pontificia Universidad Catolica del Peru to present his paper, co-authored with Sergio Gamonal C., Protecting Workers as a Matter of Principle: A Latin American Perspective of U.S. Work Law, at a workshop there in November 2014.



Christopher Schmidt delivered the keynote address at the Northwestern Journal of Law and Social Policy Symposium on Social Movements and the Law, held at Northwestern Law School in April 2014.  In March 2014, Christopher Schmidt gave a Faculty Workshop at the University of Illinois College of Law, and, in February 2014, he participated in a University of Alabama Law School symposium in commemoration of the 50th anniversary of New York Times v. SullivanChristopher Schmidt was also recently appointed to the American Society for Legal History’s Cromwell Dissertation Prize Advisory Committee.



David Schwartz debated “The Theoretical and Empirical Arguments against Patent Trolls” at The Patent Conference, University of San Diego Law School, in April 2014. He teamed up with John Duffy of the University of Virginia and argued against Mark Lemley of Stanford and Michael Meurer of Boston University.  He also presented “Studying Uncertainty in Intellectual Property Valuation” at The Patent Conference.  He presented his article, Unpacking Patent Assertion Entities, at faculty workshops at Northwestern University Law School in March 2014 and USC School of Law in February 2014.



On May 2, 2014, Joan Steinman will deliver a talk at the American Association of Appellate Lawyers spring meeting, addressing the question of whether the overburdened appellate courts and the shrinking appellate marketplace can be explained and harmonized.



On May 15, 2014, Keith Ann Stiverson will be awarded the Agnes and Harvey Reid Award for Outstanding Contributions to Law Librarianship by the Chicago Association of Law Libraries. The nomination letter cited Keith Ann’s advocacy work on public policy issues affecting libraries, including copyright and permanent public access to primary legal material.



Adrian Walters participated in a symposium on reform of Chapter 11 of the Bankruptcy Code jointly organized by the American Bankruptcy Institute and the University of Illinois College of Law that was held at the offices of Kirkland & Ellis in Chicago in early April 2014. At the symposium, Walters presented a paper entitled Statutory Erosion of Secured Creditors’ Rights: Some Insights from the United Kingdom which will be published later this year in a special issue of the University of Illinois Law Review.  Also during April 2014, Walters presented a series of two lectures on the “European Union Regulation on Insolvency Proceedings” 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.



Richard Warner presented “The Rise of the Surveillance State, ” at the National Consumer Empowerment Conference in Rosemont, Illinois, in November 2013.  He presented “Is It All Over? Privacy in the Age of the Surveillance State” to the Champaign County chapter of the American Civil Liberties Union in Champaign, Illinois, in April 2014.  Prof. Warner will present “Self, Privacy, and Power: Is It All Over?,” at the Privacy Law Scholars Conference, in Washington D.C., on June 5 – 6, 2014. Prof. Warner announced that there is a new School of American Law program at Lódż University in Lódż, Poland.  This addition means there are now three programs in Poland, two in Ukraine, one in Georgia, and one in Lithuania.



Richard Wright continued to advise on arguments and supplemental briefs for the respondents in Paroline v. United States, a case pending before the U.S. Supreme Court that involves difficult causation and apportionment issues raised by restitution claims under 18 U.S.C. § 2259 by victims of child pornography.  He organized a moot court for the lawyers for respondent “Amy” at Chicago-Kent a week prior to the oral argument before the Supreme Court for which the moot court judges were Harold Krent, Carolyn Shapiro, Joan Steinman, and Kent Streseman from Chicago-Kent and David Franklin from DePaul University College of Law.

As part of Chicago-Kent’s foreign LL.M. programs, Prof. Wright taught intensive courses on Comparative Tort Law at the University of Wroclaw in Poland and the Ivan Franko University in Lviv, Ukraine, in December 2013, and at the China University of Political Science and Law in Beijing, China, in April 2014.  He will teach the same course at Sichuan University in Chengdu, China in July 2014 as part of that university’s Summer Immersion program. Prof. Wright has agreed to be a keynote speaker at a conference in Paris, France, in September 2014 on causation and apportionment in the law.

Publications – April 2014

Valerie Gutmann Koch‘s article, A Private Right of Action for Informed Consent in Research, will be published in the first issue of volume 45 of the Seton Hall Law Review.  Her article, “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, authored with Susie A. Han, will  be published in the Spring issue of the New York State Bar Association Health Law Journal.



Todd Haugh‘s article, Sentencing the Why of White Collar Crime, will be published in April 2014 in the Fordham Law Review.  His new essay, The Reform Commission, will be published in the April edition of the Federal Sentencing Reporter.  He was also quoted in two news articles regarding insider trading and accounting fraud in Law360 and BuzzFeed Business.



Harold Krent published an op-ed in the National Law Journal in March 2014 entitled The Fair Sentencing Act’s Unfair Results.



Sheldon Nahmod‘s article, Section 1983 Is Born: The Interlocking Supreme Court Stories of Tenney and Monroe, has just been published in the Lewis & Clark Law Review.  His blog,, has received well over 100,000 views. The blog focuses on constitutional law, the First Amendment, and section 1983.  @NahmodLaw on Twitter, only a few months old, already has 200 followers.



The Arizona State Law Journal published Christopher Schmidt‘s article, Explaining the Baseball Revolution.  He also recently published a book review in The Historian.



David Schwartz‘s article, Unpacking Patent Assertion Entities, which he co-authored with Jay Kesan from the University of Illinois and Christopher Cotropia from the University of Richmond, was accepted for publication in the Minnesota Law Review.  His article, Understanding the Realities of Modern Patent Litigation, which he co-authored with John Allison from the University of Texas and Mark Lemley from Stanford, will be published in the Texas Law Review.  He also blogged a post The Value of Open Data for Patent Policy on the Patently-O Blog on February 20, 2014.



Joan Steinman’s article, The Puzzling Appeal of Summary Judgment Denials: When are Such Denials Reviewable?, will be published in the 2014 Michigan State Law Review. The 2014 Pocket Parts to Volumes 14B & C of the Wright & Miller Federal Practice and Procedure treatise, covering all aspects of removal and remand, are about to be published.



The 2013 Workshop Proceedings of the Future of Privacy Forum published Richard Warner‘s Big Data and the “New” Privacy Tradeoff, co-authored with Robert Sloan.  Richard Warner revised and updated an entry on “Paul Grice”, co-authored with Richard Grandy, in the Stanford Encyclopedia of Philosophy.  His article, Beyond Notice and Choice: Privacy, Norms, and Online Consent, co-authored with Robert Sloan, will be published in a 2014 issue of the Suffolk University Journal of High Technology Law.  His article, Self, Privacy, and Power: Is It All Over?, co-authored with Robert Sloan, will be published in a 2014 issue of the Tulane Journal of Technology and Intellectual Property.  His article, A Modest Proposal to the NSA, co-authored with Chris Kanich, Robert Sloan, and Lenore Zuck, will be published in a 2014 issue of IEEE Signal Processing Magazine.



Richard Wright’s essay, The NESS Account of Causation: A Response to Critics, is being translated into Spanish, to be published as La Cuenta NESS de Natural Causalidad: Una Respuesta a Las Críticas, in Causalidad en Derecho de Daños (Jorge Fabra & Carlos Bernal Pulido, eds., Departamento de Publicaciones de la Universidad Externado de Colombia 2015).

Research in Progress – April 2014

Lori Andrews is writing a law review article on the increasing pervasiveness of gamification in employment and its implications for labor law.  On behalf of the Center for Information, Society and Policy at IIT Chicago-Kent, she applied for a cy pres grant to continue research, policy work, and advocacy in the area of cyber-security and cyber-rights.


Nancy Marder is working on production of her article, Jurors and Social Media:  Is a Fair Trial Still Possible?, for SMU Law Review.


Sheldon Nahmod is currently working on the 2014 Update to his treatise, Civil Rights and Civil Liberties Litigation: The Law of Section 1983 (4th ed. 2013). The treatise is celebrating its 35th year of publication.


Joan Steinman is working on the 2015 Pocket Parts to Volumes 14B & C of the Wright & Miller Federal Practice and Procedure treatise, and on articles on the constitutionality of the removal provisions of the Energy Policy Act and on conduct-based waivers of the rights to remove and to obtain remand of removed cases. She also is working on updating selected chapters of the Appellate Courts casebook that she co-authored.