Monthly Archives: November 2014

Faculty Activities – November 2014

In October 2014, Lori Andrews spoke to the students of Bard High School/Early College in Queens, New York on internet privacy issues. She spoke at the Illinois Institute of Technology Design School Creative Commons and BarnRaise events on open-source biology and the rise of “smart cities” in places like Chicago. Recently, Lori discussed litigation and digital identities at the ABA National Women Litigators Seminar at Northwestern University and spoke at the Chicago Association of Law Libraries meeting on the role of “Radical Librarians” in protecting individuals’ privacy rights.

Lori Andrews was interviewed by the Swiss newspaper, St. Galler Tagblatt, on the privacy concerns and legal obligations of a company that pays people for access to their online personal data. She was quoted by the RedEye on the risks of the CTA proposed geolocation tracking sensors to be installed at “L” stations. CBS News interviewed her for a story on employer-funded egg freezing benefits.


On November 18, 2014, Evelyn Brody participated in a Webinar titled “1023-EZ: As EZ as It Seems?,” co-sponsored by the Nonprofit Organizations Committee and the Community Economic Development Committee of the ABA Business Law Section.  On September 23, 2014 she presented her draft Federation as a Reputational Mechanism: The U.S. Law of Same-Name Nonprofit Organizations, written for an invitation conference at Oxford this summer, at the
“Workshop in Multidisciplinary Philanthropic Studies,” at the School of Philanthropy, Indiana University-Purdue University Indianapolis (IUPUI).  She served as discussion leader, with Catholic University law professor Roger Colinvaux, for the session on “Private Foundations and Public Charities: Does the Current Division Make Sense?” at Boston College Law School’s invitational conference on “Promoting Meaningful Reform in Philanthropy” on September 19, 2014 in Boston.  Evelyn Brody presented “Can the IRS Regulate Charities Engaged in Advocacy and Politics after the 501(c)(4) Controversy?” to the Boston Bar Association’s Sections on Taxation and on Exemption Organizations on September 18, 2014, and spoke on “Current Challenges in State and Federal Oversight of Tax-Exemption for Charities” as part of the panel “Enterprise Risk Management for Nonprofit Organizations:  Preservation of Tax-Exempt Status and Donor Support as a Charitable Organization” to the Business Law Section of the American Bar Association on September 13, 2014 in Chicago.  Finally, at Chicago-Kent, Evelyn Brody offered commentary on a presentation on “Bitcoin and the Legal Issues Surrounding It,” organized by the Chicago-Kent Federalist Society on October 14, 2014.


Christopher Buccafusco participated in a panel discussion on “Empirical Studies of Copyright Law Incentives” at the NYU Conference on Empirical Studies of Intellectual Property in October 2014.  He presented his paper, Creativity, Social Norms, and Moral Psychology, at the “Order With or Without Law” conference at the University of Tulsa in November 2014 and the “Creativity Without Law” conference at Case Western Reserve in November 2014.  He also presented “Experiments on Sequential Innovation in IP Law” at the “Law and Market Behavior” colloquium at Notre Dame in November 2014.


David Gerber gave a series of lectures in September 2014 as Distinguished Visiting Professor at three universities in Japan (the Universities of Tokyo, Kyushu and Hokkaido). The lectures focused on competition law, antitrust law, and global markets, and on methods for addressing the differences among competition law systems. The lectures were sponsored by the Suenobu Foundation of Tokyo.


Douglas Godfrey gave a talk on October 31, 2014, about the United States Supreme Court’s recent decision in the Riley case on the search of a smart phone incident to an arrest, to approximately 50 high school teachers at a training session held by the Constitutional Rights Foundation Chicago (“CRFC”).  On November 3, 2014, he conducted a training session for approximately 40 ARDC attorneys and investigators about how to use social media as an investigative tool.  On November 14, 2014, he spoke at another conference of about 40 high school teachers and an equal number of high school students put on by the CRFC about the Elonis case pending before the United States Supreme Court.  On December 6, 2014, he will speak at a Legal Writing conference hosted by the University of Miami about how to teach students effective presentation skills and how to use technology to critique those skills.


Sanford Greenberg joined U.S. Seventh Circuit Judge Ilana Diamond Rovner and Illinois Circuit Judge Mary Mikva on the panel that judged the final round of this year’s Rovner Appellate Advocacy Competition.  In December 2014, Sanford Greenberg will be teaching Introduction to American Legal Studies at Zhejiang University Guanghua School of Law in Hangzhou, China.


Steven Harris spoke at a symposium on “Private Actors, Global Impact: The Private Production of Norms in Transnational Regulation,” hosted by the University of Pennsylvania Journal of International Law.  In September 2014, he served as a US delegate at a meeting of the Preparatory Commission for the Establishment of the International Registry for Space Assets pursuant to the Space Protocol of the Cape Town Convention on International Interests in Mobile Equipment. He also participated in the Cape Town Convention Academic Conference, an annual conference that brings together leading scholars, practitioners, government officials, and industry experts to discuss the Convention.  Finally, in his capacity as American Law Institute Advisor, Professor Harris attended the fall meeting of the Drafting Committee on the Revised Uniform Residential Landlord and Tenant Act.


Edward Lee launched a new nonprofit and website, The Free Internet Project, on October 11, 2014.  He gave public talks about his new nonprofit at the Rotary Club in Chicago on October 16 and at a tech incubator in San Francisco on October 23.  Edward Lee also launched a new series for ISCOTUSnow predicting the winners of this Term’s Supreme Court cases based on the number of questions asked during oral argument.  He was an invited commentator at the 7th Annual Michigan State College of Law Junior Scholar workshop on October 17-18.  He oversaw the design and production of a video project asking people, “What does Internet freedom mean to you?”  Finally, Professor Lee was invited to speak at the “Fair Use Workshop” hosted by Berkeley Law School in Berkeley, CA on December 8, 2014.


Martin Malin spoke on “The Future of Public Sector Collective Bargaining” at the Annual Meeting of the GAO Auditors and Analysts Association, IFPTE Local 1921 on November 13, 2014. The meeting was in Washington, DC, but he participated via a video hook-up from the GAO’s Chicago Office.  Professor Malin coordinated and chaired a program for law students at law schools in the Seventh Circuit put on by the College of Labor and Employment Lawyers on October 31 and November 1, 2014. The program featured panels on hot issues in labor and employment law and on careers in labor and employment law. Mary Rose Strubbe moderated the latter panel.

The Nominiating Committee of the Board of Governors of the National Academy of Arbitrators have nominated Martin Malin for Vice President of the NAA. (The NAA has four vice presidents.) He expects to be elected at the NAA’s Annual Meeting in San Francisco in May. There has never been a contested election in the NAA. The slate of nominated candidates is presented to the membership which votes by acclamation to elect the slate.


In October, Nancy Marder, along with Valerie Hans (Cornell Law School), organized a jury conference at Chicago-Kent College of Law. The conference, entitled “Juries and Lay Participation: American Perspectives and Global Trends,” was organized under the auspices of the Justice John Paul Stevens Jury Center and the Chicago-Kent Law Review. The one-day conference included four panels, which drew on the expertise and presentations of 19 panelists. Panels addressed such topics as “Contemporary Challenges to Jury Impartiality,” “The Jury as a Political Institution,” and “Practices and Innovations: A Cross-Country Exchange.” The final panel of the day, consisting of lawyers, judges, a jury consultant, and a former juror, enabled practitioners to give their perspectives on the role of the jury and to suggest topics that would benefit from further research by jury scholars in the room. Judge James F. Holderman, a United States District Court Judge in the Northern District of Illinois, provided the perfect bridge between practitioners and academics in his Keynote Address entitled “Maximizing Jurors’ Understanding,” in which he described some of the jury innovations that academics had written about and that he had implemented in his courtroom with great success.  At the “Juries and Lay Participation” Conference, Nancy Marder also presented a paper entitled “Juror Bias, Voir Dire, and the Judge-Jury Relationship,” as part of the panel on “Contemporary Challenges to Jury Impartiality.”

Later in October 2014, Nancy Marder presented a paper on jurors and social media as part of a panel on “Social Media, Information Technology and the Justice System” at the Midwest Law and Society Retreat held at the University of Wisconsin-Madison. She also chaired a panel on “Constructing Courts.”

In November 2014, Nancy Marder was invited to deliver the Keynote Address at the 11th Annual Australasian Jury Research and Practice Conference: Current Issues in Jury Reform, Research, and Policy, held at Melbourne Law School in Melbourne, Australia. Every year, the conference brings together lawyers, judges, and academics for a full day of panels and presentations. Nancy Marder’s speech, entitled “Jurors and Social Media: Is a Fair Trial Still Possible?” developed “a process view of a juror’s education” so that at every stage of judge-jury interaction the court would make clear the need for jurors to refrain from communicating online about the trial. This process of educating jurors has applicability to jurors in the United States as well as to those in Australia. Later in the conference, she participated in a panel discussion in which the panelists considered the following question: “What Does the Future Hold for Juries?” As part of Nancy Marder’s visit to Melbourne, she also visited the courts, met with several judges and justices, and observed a jury selection.


Henry Perritt has filed a petition for exemption with the FAA on behalf of a California entrepreneur who wants to fly microdrones towing advertising banners.


This fall, César Rosado Marzán presented his new article (with Alex Tillett-Saks, CK’15) titled, Work Play Organize! Why the Northwestern University Football Players are Employees Under the National Labor Relations Act at the 2014 Elon Law Review Symposium on Media, Regulatory, and Labor Issues in College Sports, and at the 2014 Labor and Employment Law Colloquium, at the University of Colorado, Boulder Law School.  In October 2014, César Rosado Marzán also gave talks on contemporary topics in U.S. labor law at the Catholic University of Perú and the Adolfo Ibañez Law School of Chile.


In September 2014, Christopher Schmidt presented his paper Litigating Against the Civil Rights Movement at a conference on “Litigating for Social Change,” hosted by the Byron R. White Center for the Study of American Constitutional Law at the University of Colorado. In November 2014, he presented the same paper at the American Society for Legal History Annual Meeting. Professor Schmidt also recently served on the Scholarly Paper Prize Committee for the Association of American Law Schools; and the Cromwell Dissertation Prize Advisory Committee for the American Society for Legal History.


David Schwartz was a speaker and panelist at the “Unpacking the Statistical Realities of Patent Litigation,” Eastern District of Texas 2014 Bench Bar Conference in Plano, Texas, in October 2014.  He was also a panelist for a discussion about Octane Fitness v. Icon Health & Fitness, for the IIT Chicago-Kent Supreme Court Intellectual Property Review in September 2014.  David Schwartz spoke on “Ethics in the Patent Office,” for the Advanced Patent Prosecution Workshop 2014, Practicing Law Institute, in Chicago in September 2014.


Ronald Staudt presented “Rethinking Legal Aid,” at the Legal Services Corporation 40th Anniversary Conference in Washington, D.C. on September 16, 2014.  He presented “Into the Tornado, Reaching for 100%,” at the College of Law Practice Management Futures Conference at Suffolk Law School in Boston on October 17, 2015.  He presented “A2J Author, A Chicago Innovation,” at the Chicago Innovation Meetup at Seyfarth Shaw  in Chicago on November 19, 2014.  He will present “A2J Author 5.0, Law Schools, Mobile, and Document Assembly,” at the Legal Services Corporation TIG Conference in San Antonio, Texas on January 16, 2015.  He will present “Leveraging Smart Phones & Law Students to Grow Legal Aid,” to the National Association of Law Placement 2015 Annual Education Conference in Chicago on April 23, 2015.

Representing the Center for Access to Justice and Technology, Ronald Staudt met on November 18, 2014 in Chicago with representatives from IBM Watson, Legal OnRamp and a dozen law and technology experts from other law schools to launch the WORX Legal Research Network.

The organizational meeting for the CALI A2J Course Project will be held at the AALS Annual Meeting on January 3, 2015 in Washington D.C. chaired by John Mayer and Ronald Staudt. The first working meeting of the seven law school faculty members chosen for this project will be at Chicago-Kent on June 11 and 12, 2015.


In October 2014, Joan Steinman served as a moderator for the conference organized by Nancy Marder, “Juries and Lay Participation: American Perspectives and Global Trends.” She also is among those whom the American Law Institute has announced will become Life Members of the ALI in May, 2015.  Joan Steinman has been an ALI member for 25 years.

The multiple-choice questions, answers, and explanations on matters of federal civil procedure that Joan Steinman authored last summer are now being used to prepare students for the bar exams in February 2015 and thereafter which, for the first time in February 2015 , will include multiple-choice questions on civil procedure in the multi-state portion of the bar exam.


Kent Streseman presented “Using the Science of Skill Acquisition and Principles of Deep Practice to Help Advocates Prepare for Oral Argument” at the Legal Writing Institute’s inaugural conference for moot court advisers in late October 2014. During a four-week span in October and November, his moot court teams won three championships, two best brief awards, two best advocate awards, and four semifinal placements in six competitions.


Mary Rose Strubbe was inducted into the College of Labor & Employment Lawyers at its annual induction ceremony in Los Angeles.


Ryan Vogel was an expert contributor on CLTV’s Politics Tonight’s segment on U.S. strikes against ISIS in Iraq and Syria. He also was a panelist on Loyola University School of Law’s national security law career panel.


Richard Wright was the leadoff keynote speaker at a Conference on “Causation, Liability and Apportionment, an Interdisciplinary Perspective: Law, Economics and Philosophy,” that took place September 12-13, 2014, before an audience of judges, lawyers, and academics in the Grand Chambre of the Cour de Cassation (the French Supreme Court) and at the Université Panthéon-Assas (Paris II). He spoke on “Scientific Causation and Legal Causation.” Professor Wright is among those whom the American Law Institute has announced will become Life Members of the ALI in May, 2015.

Publications – November 2014

The Institute for Science, Law and Technology will be releasing a policy paper co-authored by Lori Andrews, Michael Holloway, and Dan Massoglia on the legal conundrums caused by webcams: “Digital Peepholes – Remote Activation of Webcams: Technology, Law, and Policy.”


Evelyn Brody’s article Simultaneous Contrasts in the U.S. Law and Regulation of Charities, which was written for an invitational conference she attended in Liverpool in April, was published at 17 Charity Law & Practice Review 113 (2014-15) (U.K.).


Christopher Buccafusco published an article on, Who Deserves Those 4 Inches of Airplane Seat Space? He also published Well-Being and Public Policy, written with John Bronsteen and Jonathan S. Masur, Oxford Handbook of Law & Economics, Francesco Parisi, ed., Forthcoming.


Henry Perritt and Eliot Sprague’s Law Abiding Drones was published in the September issue of Rotor and Wing. Their Seeking Law Abiding Drones: What to Tell Clients that Want to Use Drones in Their Business was published in the ABA’s Business Law Today, and their Ready for the Microdrone Races was published in the newsletter of the Radio and Television Digital News Association.  Henry Perritt and Eliot Sprague are under contract with Ashgate Publishing to write a book entitled, “Domesticating Drones: The Technology, Law and Economics of Unmanned Aircraft.”


César Rosado Marzán’s new book with Sergio Gamonal C., El Principcio de Protección del Trabajador en el Derecho Norteamericano (The Principle of Protection in U.S. Work Law), was published in October 2014 by Legal Publishing/Thomson Reuters-Chile.


David Schwartz‘s article Our Divided Patent System,  written with John R. Allison and Mark A. Lemley, was accepted for publication at the University of Chicago Law Review. It will be published in 2015.  His article, On Mass Patent Aggregators: A Response to Mark A. Lemley & A. Douglas Melamed’s Missing the Forest for the Trolls, was published at 133 Colum. L. Rev. Sidebar 51 (2014).


Michael Spak‘s article Practical Problems with Modifying the Military Justice System to Better Handle Sexual Assault Cases will be published in the Wisconsin Journal of Law, Gender & Society.


Joan Steinman has submitted the 2015 Pocket Parts to Volumes 14B & C of the Wright & Miller Federal Practice and Procedure treatise. They should be published in April 2015.  Her article, The Puzzling Appeal of Summary Judgment Denials: When are Such Denials Reviewable?, is ready for publication and will be published in the 2014 Michigan State Law Review.


Ryan Vogel published two posts on Just Security, an online forum for analysis of U.S. national security law and policy, regarding unprivileged belligerency and the Department of Defense’s new detention regulation.


Adrian Walters‘s article, Statutory Erosion of Secured Creditors’ Rights: Some Insights from the United Kingdom, an earlier version of which he presented at an April 2014 symposium on reform of Chapter 11 of the Bankruptcy Code co-organized by the American Bankruptcy Institute and the University of Illinois College of Law, will be published in a symposium issue of the University of Illinois Law Review during 2015.


Richard Wright’s essay, Moore on Causation and Responsibility: Metaphysics or Intuition? will be published in Legal, Moral, and Metaphysical Truths: The Philosophy of Michael Moore (Kimberly Ferzan & Stephen Morse, eds., Oxford University Press, forthcoming 2015). His essay, Causation in the Law: Philosophical Foundations, co-authored with Ingeborg Puppe, Professor of Law, University of Bonn, will be published in The Common Core of European Law: Causation (Marta Infantino & Lena Zervogianni, eds., Cambridge University Press, forthcoming 2015/2016).

Research in Progress – November 2014

Martin Malin continues to work on his empirical comparison of the handling of statutory human rights claims in labour arbitration in Ontario and before the Human Rights Tribunal of Ontario.  He and his co-researchers, Sara Slinn of Osgoode Hall Law School at York University in Toronto, and Jon Werner of the University of Wisconsin, presented a preliminary report at the National Academy of Arbitrators Annual Meeting last May.  Coding of the cases spanning 2009 – 2013 should be completed by early January and quantitative analysis will begin.  The preliminary report provided mostly descriptive statistics but more sophisticated analysis should be available in the spring.


Nancy Marder is currently revising her paper entitled Juror Bias, Voir Dire, and the Judge-Jury Relationship based on comments she received at the “Juries and Lay Participation” conference at Chicago-Kent as well as comments from a “Research Slam,” also held at Chicago-Kent.  The paper will be published in the Chicago-Kent Law Review as part of the Symposium on “Juries and Lay Participation.”


Joan Steinman is continuing to work on Beyond the Pocket Parts – 2015, which she will publish electronically; on an update to the case-based chapters of the Appellate Courts casebook that she co-authored; and on articles concerning the constitutionality of the removal provisions of the Energy Policy Act and conduct-based waivers of the rights to remove and to obtain remand of removed cases.


Adrian Walters is working on a Contracts casebook with Michael Schwartz, Dean of the William H. Bowen School of Law at the University of Arkansas at Little Rock. The casebook, which will appear in the Carolina Academic Press Context and Practice series, is due to be published before the start of the Fall 2015 semester.