Monthly Archives: August 2014

Faculty Activities – August 2014

Lori Andrews was profiled in the book, Bright Lights of the Second City: 50 Prominent Chicagoans on Living with Passion and Purpose by Betsy Storm. This May, Lori Andrews presented at the IIT Institute of Design Strategy Conference on embedding privacy into design. She will present at the Cook County Public Defender Training Conference in August on the use of social media as evidence. In October, Lori Andrews will present at “BarnRaise,” a new event hosted by the IIT Institute of Design. Lori Andrews was quoted in FranchiseTimes in an article about a retailer who used webcam and tracking spyware on rent-to-own laptops. She was also interviewed by Fox News Chicago about the drone that flew above Lollapalooza, recording the event.


William Birdthistle completed a series of posts for the Volokh Conspiracy blog on the Washington Post website covering the 2014 World Cup.


Alexander A. Boni-Saenz presented a draft of his paper Sexuality and Incapacity at the University of Chicago Law School’s Law & Philosophy Workshop as well as at the Law and Society Association’s Annual Meeting in Minneapolis.


Ralph Brill attended the recent biennial conference of the Legal Writing Institute (LWI) in Philadelphia. He was on a panel with Richard Neumann of Hofstra and Noah Messing of Yale, “Never Let A Crisis Go To Waste: Opportunities For Legal Writing Professors During The Law School Downturn.”  He also got special recognition as a Founding Member of the Board of the LWI.  Ralph Brill was also selected as a member of an ABA site inspection team, reviewing the application of Indiana Tech Law School for provisional ABA accreditation.


Evelyn Brody presented “Can the IRS Regulate Charities Engaged in Advocacy and Politics after the 501(c)(4) Controversy?” to the Chicago Bar Association Federal Tax Committee last April. With Boston practitioner Carolyn Osteen, Professor Brody discussed the legal issues of “Restricted Gifts” at the 31st Annual Conference on Representing & Managing Tax-Exempt Organizations, Georgetown University Law Center. On May 9, 2014, she reprised the topic with St. Louis practitioner Lawrence Katzenstein and Emory Law Professor Jeffrey Pennell in a three-hour panel “Should We Have a Rule Against Perpetuities or Charitable Foundations That Can Last Forever?,” presented to the Carter Center Planned Giving Advisory Council, of which she is a member.  Evelyn Brody also traveled to Oxford, U.K, to present “Federation as a Reputational Mechanism: The U.S. Law of Same-Name Nonprofit Organizations,” for the invitational workshop on Reputations and NGOs, convened by the Oxford University Center for Corporate Reputation, Said Business School in July, 2014.


Bartram Brown has taught a number of courses abroad as part of Chicago-Kent’s foreign LL.M. programs in recent months. In November of 2013, he taught an intensive course on International Criminal Law first at Mykolas Romeris University in Vilnius, Lithuania, and then at the University of Wroclaw in Poland. In April and May of 2014, he taught a two week Comparative Law course at the East China University of Political Science and Law in Shanghai, China, followed by a weekend International Criminal Law course in Tibilisi, Georgia and another in Wroclaw, Poland. While in Poland, he also gave a presentation to the Kraków Bar Association on “The First decade of the International Criminal Court and Lessons for the Future.” In December of 2014, he is scheduled to teach once again in Wroclaw, and at the Ivan Franko University in Lviv, Ukraine.  Professor Brown was recently appointed by the American Society of international Law (ASIL) to the Blacks in ASIL (BASIL) Task Force, as well as to the Welcoming Committee for the ASIL Mid-Year Meeting to be held in Chicago in November 2014.


Christopher Buccafusco presented “Copyright’s Moral Foundations” to the Society for Economic Research in Copyright Issues in Barcelona, Spain in July 2014 and “Experimental Tests of Intellectual Property Law’s Creativity Thresholds” to the Cornell Law School Faculty Workshop in March 2014.  He also gave a week-long seminar on “Creativity and Innovation” at the Max Planck Institute for Economics, International Max Planck Research School Summer Program on Uncertainty in Jena, Germany in August 2014.


Elizabeth DeArmond and Kari Johnson gave a presentation at the Legal Writing Institute’s biennial conference on July 1 entitled “He Says, She Says, We React: Using Instant Polling Technology to Emphasize the Power of Persuasive Writing Techniques.”


David Gerber gave an intensive course in May in international and comparative antitrust law as part of the faculty of the Global Law School of Catolica University, Lisbon, Portugal.  Also in May, he was interviewed in Madrid, Spain, by IURIS, a leading Spanish legal journal. The interview focused on the potential importance of comparative law in Spanish legal practice and on some of the key methods for understanding and dealing with laws and lawyers across borders. The interview, together with commentary by Spanish professors, will be featured in the September edition of the Journal.


Valerie Gutmann Koch presented “Stem Cells: Impact on Law, Ethics, and Policy” as part of a Presidential Showcase Program, “Forging New Frontiers: the Intersection of Bioethics and Biotechnology Law,” at the American Bar Association Annual Meeting in Boston on August 11, 2014.  She has been reappointed as an at-large member of the ABA’s Special Committee on Bioethics and the Law.  At the upcoming annual meeting of the American Society for Bioethics and Humanities (ASBH), she will give a presentation entitled “Take It or Leave It: The Role of Bioethics Advisory Bodies in Effecting Policy Change.” She is also the co-chair of the Law Affinity Group for ASBH and is currently serving as a guest blogger for the HealthLawProf blog.


Philip Hablutzel was appointed to a regular term on the Illinois State Bar Association’s section council for Business and Securities Law, in June.  In August, he was also appointed to the ISBA section council for International and Immigration Law.  Beginning in September, he will begin a two-year term and Vice Chair and Secretary of the Institute of Illinois Business Law, of which he has been the Director since 2005. On September 11, he will speak on a Panel of the Banking Law Committee of the Business Law Section of the American Bar Association.  The Business Law Section of the ABA is holding its first separate Annual Meeting.  The panel will discuss a proposed rule of the Federal Reserve Board which would restrict and regulate the ability of banks to invest in physical commodities.


Steven Harris spoke on three panels at a program on “Commercial Lending Today”: The 2010 amendments to UCC Article 9, revisions to the Uniform Fraudulent Transfer Act, and the effect of the common law on Article 9 transactions. The program was sponsored by ALI CLE.  Professor Harris also was appointed to the American Law Institute’s Advisory Group on the Uniform Commercial Code and Holder in Due Course Policy.


Edward Lee was invited to attend “Spark Camp: Visionaries, Leaders and Managers” in June, 2014, at Harvard University. As Fast Company described, “the handpicked group of innovative do-gooders came from a broad spectrum of industries: startup founders, venture capitalists, a handful of Googlers, TV producers, bloggers, politicians, designers, Pulitzer winners, and the like.” Professor Lee was the only law professor at Spark Camp this summer.  He also presented his work in progress Patent Trolls: Moral Panics and Patent Reform at the Intellectual Property Scholars Conference at Berkeley Law School in August.  Edward Lee and IIT Professor Libby Hemphill were chosen to present their research on “Tweet Me: Using Social Media to Mobilize People and Customers” during Social Media Week in Chicago on September 24th.  He is also starting a nonprofit, The Free Internet Project, which will track legal efforts to protect Internet freedoms around the world.  The nonprofit’s website will launch this fall at


Martin Malin taught a one-week course, “Becoming a Labor Arbitrator” for the Federal Mediation and Conciliation Service Institute in Kansas City, Missouri, June 16-20.  He moderated a program on “New Frontiers in Organizing” at the National Academy of Arbitrators Annual Meeting on May 22.  On May 23, he presented a paper An Empirical Comparison of the Handling of Statutory Rights Claims in Labour Arbitration in Ontario and before the Human Rights Tribunal of Ontario at the National Academy of Arbitrators Annual Meeting. He presented the same paper at a meeting of The Labor Law Group at Cornell University on June 27.

Professor Malin also wrote an amicus brief in Prime Healthcare v. Kaiser Permanente and SEIU, pending in the United States Court of Appeals for the Ninth Circuit, with Professors Matthew Finkin of the University of Illinois College of Law, Thomas Kochan of MIT’s Sloan School of Management and Joel Cutcher-Gershenfeld of the University of Illinois School of Labor and Employment Relations.


Nancy Marder, along with Valerie Hans of Cornell Law School, Steve Thaman of St. Louis University Law School, and Mar Jimeno-Bulnes of the University of Burgos, organized a conference of jury scholars, which was held on June 12-13, 2014 at the International Institute for the Sociology of Law in Onati, Spain, in the Basque Country. The two-day conference, entitled “Juries and Mixed Tribunals Across the Globe: New Developments, Common Challenges and Future Directions,” brought together 25 jury scholars from all over the world for a series of panels on a range of topics pertaining to the jury, such as “The Jury as a Political Institution” and “Practices and Innovations: A Cross-Country Exchange.” One of the panels, entitled “Spanish Lawyers, Judges & Jurors: Practitioners’ Perspectives,” consisted of Spanish practitioners and was conducted in Spanish with English translation. It helped to give the conference participants a better understanding of how the relatively new jury system is perceived in Spain. In addition to providing opening and closing remarks, Nancy Marder presented a paper entitled Jurors and Social Media: Is a Fair Trial Still Possible? as part of a panel on “Jurors in the Age of the Internet.”

In July, Nancy Marder served as a peer reviewer for the Onati Socio-Legal Series, an online journal. In August, Professor Marder was interviewed by a reporter for The Times-Picayune on a recent rule change in Louisiana pertaining to post-verdict interviews of jurors.


Sheldon Nahmod spoke at the National Conference of Jewish Lawyers, in Chicago, about the Religion Clauses on August 6, 2014.  The number of views on his blog,, now exceeds 130,000. The blog covers constitutional law, the First Amendment, and Section 1983.


Henry Perritt was elected to the Board of Directors of Air-One Emergency Response Coalition, for which he also serves as the Legal and Regulatory Compliance Officer and a Safety Pilot.  Air-One is a non-profit organization that flies some 12 army surplus helicopters in support of law enforcement, search and rescue, emergency preparedness, and disaster relief activities in northern Illinois and southern Wisconsin.  He will appear on an ABA Business-Law-Section panel in September on how businesses should deal with the small-civilian-drone phenomenon. He recently filed a petition for an exemption from FAA regulations on behalf of a Chicago-area news photographer to permit him to fly small drones commercially to collect video imagery.


César Rosado Marzán presented a paper titled Settling Claims under Socialism and Neoliberalism in Chile at the Law & Society Annual Meeting in Minneapolis, Minnesota on May 31, 2014. For those meetings he also organized three panels, one on labor rights and two on Latin American law, and chaired a panel on international labor rights.  On July 16, 2014, César Rosado Marzán presented a paper titled International Framework Agreements and Union Organizing in the USA at the International Sociological Association meetings in Yokohama, Japan.


Christopher Schmidt hosted the U.S. Legal History Roundtable in May at the American Bar Foundation, a daylong workshop featuring forthcoming work by some of the country’s leading legal historians.  He was awarded the 2014 McFarland-SABR Baseball Research Award for Explaining the Baseball Revolution, 45 Ariz. St. L.J. 1471 (2013).


David Schwartz presented “Unpacking Patent Assertion Entities” to the American Law & Economics Association Annual Conference at University of Chicago in May 2014; “Patent Enforcement, IP Investments & Markets” to the Center for Applied Innovation in Chicago in June 2014; and “Understanding the Realities of Modern Patent Litigation” to the American Intellectual Property Law Association, Electronics & Computer Patent Law Annual Summit, in Chicago in June 2014.  David Schwartz taught “Fundamentals of Patent Prosecution 2014: A Boot Camp for Claim Drafting & Amendment Writing” for the Practicing Law Institute in Chicago in May 2014.  He spoke as a panelist on “Pending Patent Reform Legislation” for the Seventh Circuit Bar Association Annual Meeting in Chicago in May 2014.  Professor Schwartz spoke on “Covered Business Method Review: A Peek at the Empirical Data” at the Searle Center Research Roundtable on Software and Business Method Patents in Chicago in April 2014.


Joan Steinman delivered a talk at the American Association of Appellate Lawyers spring meeting on May 2, 2014, addressing the question of whether the overburdened appellate courts and the shrinking appellate marketplace can be explained and harmonized.  She also spent a day lecturing to a delegation of Chinese lawyers and judges who were in Chicago under a multi-month program sponsored by The 21st Century Institute. The subject was the federal procedural provisions that enhance efficiency and deter and punish abusive conduct in litigation.


Kent Streseman and seven members of Chicago-Kent’s Moot Court Honor Society traveled to Scotland to participate in the 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 advocacy programs throughout the United States for two weeks of intensive training in brief-writing and oral advocacy.


Ryan Vogel spoke on a panel in at the Catholic University Law Review Symposium in Washington, D.C. that examined the continued necessity of the 2001 Authorization for Use of Military Force.  He was a judge for the American Society for International Law’s 2014 International Humanitarian Law Student Writing Competition.  Ryan Vogel was awarded the Medal for Exceptional Civilian Service by the Office of the Secretary of Defense in July 2014.


Richard Warner and Sungjoon Cho will present “Excluding Reasons: Trade Disputes, Incommensurability, and Judicial Reasoning” at the Canadian Law and Economics Association meeting in September, 2014 in Toronto.  Professor Warner will participate in the Midwest Privacy Scholars Roundtable on October 25, 2014 at the University of Notre Dame.

Publications – August 2014

Lori Andrews‘s law review article The ‘Progress Clause’: An Empirical Analysis Based on the Constitutional Foundation of Patent Law was published in June by the North Carolina Journal of Law & Technology.


Christopher Buccafusco‘s article with Zach Burns, Jeanne Fromer and Christopher Sprigman, Experimental Tests of Intellectual Property Law’s Creativity Thresholds, 92 Tex. L. Rev. 1921 (2014), was published by the Texas Law Review.  He also submitted for publication Mapping Copyright’s Moral Domain, an article written with David Fagundes.


Valerie Gutmann Koch‘s article, A Policy in Flux: New York State’s Evolving Approach to Human Subjects Research Involving Individuals Who Lack Consent Capacity, will be published in the next issue of the Journal of Law, Medicine and Ethics. Her 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. She was interviewed about the latter for an article published in the July-August 2014 issue of Research Practitioner. Her book chapter in Prenatal and Preimplantation Genetic Diagnosis: The Burden of Choice (Springer) will be published in 2015.


Edward Lee‘s article The Global Trade Mark was published this fall by the University of Pennsylvania Journal of International Law.


Martin Malin‘s article, Education Reform and Labor-Management Cooperation: What Role for the Law, 45 U. Tol. L. Rev. 527 (2014), has been published.  He co-authored a study guide to accompany a DVD, The Art and Science of Labor Arbitration, distributed by the College of Labor and Employment Lawyers.


Nancy Marder, along with Valerie Hans from Cornell Law School, is editing the papers from the jury conference entitled “Juries and Mixed Tribunals Across the Globe: New Developments, Common Challenges, and Future Directions,” held at Onati, Spain on June 12-13, 2014.  The conference papers will be published in the Onati Socio-Legal Series This online peer-review journal is available from the website of the International Institute for the Sociology of Law (IISL) as well as from the Social Science Research Network (SSRN).


Sheldon Nahmod completed the 2014 update to his treatise, Civil Rights and Civil Liberties Litigation: The Law of Section 1983 (4th ed. West). The update will be published in early September 2014.


Henry Perritt‘s articles, co-authored with Eliot Sprague, have been published in several aviation and technology publications: Is there a drone in your future? was published by Heliweb, Drone Dread was published by Rotor & Wing, But Who’s Going to Fly Them? was published by Professional Pilot, Law and Order in the Skies was published by The Tech–the MIT student newspaper–, and Leashing Drones was published by Rotorcraft Pro. Henry Perritt and Eliot Sprague’s Law Abiding Drones will be published in the September issue of Rotor and Wing.


César Rosado Marzán had two articles published recently: Labor’s Soft Means and Hard Challenges: Fundamental Discrepancies and the Promise of Non-Binding Arbitration for International Framework Agreements, 98 Minn. L. Rev. 1749, and El Bajo Vientre del Jaguar: La Fiscalización y la Ausencia de Autotutela en el Derecho Laboral Chileno (The Jaguar’s Underbelly: Labor Inspection and Workers’ Organization in Chile), 2 Revista de Derecho Laboral y Seguridad Social 13.


Christopher Schmidt‘s article, The Challenge of Supreme Court Biography: The Case of Chief Justice Rehnquist, was published in Constitutional Commentary, 29 Const. Comm. 271 (2014).


David Schwartz‘s article, written with John R. Allison and Mark A. Lemley, Understanding the Realities of Modern Patent Litigation, 92 Tex. L. Rev. 1769 (2014), was published from a symposium on “Steps Toward Evidence-Based IP.”  His article entitled Retroactivity at the Federal Circuit was also published, 89 Ind. L.J. 1547 (2014).


Joan Steinman‘s 2014 Pocket Parts and Supplements to Volumes 14B & C of the the Wright & Miller Federal Practice and Procedure treatise, which cover all aspects of removal and remand, were published by Thomson Reuters in April. In January 2014, Joan Steinman also published electronically 2014 Beyond the Pocket Parts which contains write-ups on removal and remand issues that do not fit within the item limits set by Thomson Reuters.  Her article, The Puzzling Appeal of Summary Judgment Denials: When are Such Denials Reviewable?, will be published in the 2014 Michigan State Law Review.


Ryan Vogel has an article accepted for publication in the Albany Government Law Review that will address the legal impact that ending the conflict in Afghanistan will have on the broader conflict with al-Qa’ida.

Research in Progress – August 2014

William Birdthistle has signed contracts with Oxford University Press to publish a book tentatively entitled, The Money Management Empire, and with Edward Elgar to edit a volume with John Morley of Yale Law School tentatively entitled, The Research Handbook on Mutual Fund Regulation.


Nancy Marder has been working on a paper entitled, Juror Bias, Voir Dire, and the Judge-Jury Relationship, which she will present at a conference this coming fall.  She has also been working on a paper on jurors’ use of social media in Australia, which she will present at a conference in Melbourne, Australia this coming fall.


Sheldon Nahmod is working on an article that will deal with separation of powers, constitutional tort immunities, and the functional approach.


César Rosado Marzán edited a book with Meron Kebede (Chicago-Kent Class of 2015) entitled, The Regulation of Compensation: Proceedings of the NYU 66th Annual Conference On Labor, that will soon be published by Lexis.


Joan Steinman is working on the 2015 Pocket Parts to Volumes 14B & C of the Wright & Miller Federal Practice and Procedure treatise and the 2015 Beyond the Pocket Parts, 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.  This summer she also prepared a 2014 update to the case-based chapters of the Appellate Courts casebook that she co-authors. Earlier in the summer, she authored multiple-choice questions, answers, and explanations on matters of federal civil procedure, to be used to prepare students for the bar exams in February 2015 and thereafter which, for the first time, will include multiple-choice questions on civil procedure in the multistate portion of the bar exam.


Richard Warner is currently working on a book, China Voice: What his Students Told an American Teaching in Beijing, with David Hull.  He is also working on two articles:  The Self, the Stasi, and the NSA: Privacy in Public in the Surveillance State, with Robert Sloan, and Excluding Reasons: Trade Disputes, Incommensurability, and Judicial Reasoning, with Sungjoon Cho.