Monthly Archives: February 2015

Faculty Activities – February 2015

Lori Andrews was a guest at the White House on January 30 for President Obama’s launch of the Precision Medicine Initiative. The Initiative’s goal is to sequence a million Americans’ genomes to determine how to tailor treatments more precisely. Such a project would have been unimaginable if the Supreme Court case hadn’t invalidated gene patents (in a case in which Lori wrote briefs at all court levels). Prior to that victory, testing cost up to $2000 per gene due to patent royalties. Now, according the President, it will cost less than ten cents per gene.

Lori Andrews will speak February 26 at a Chicago Legal Innovation & Technology Meetup Group on the legal dispute regarding the remote activation of webcams. She will discuss social networks and the death of privacy in September as part of the North Dakota Humanities Council’s 2nd annual ideas summit, the “Game Changer Series.” In December, she will provide the keynote at the conference, “Ethics, Aesthetics, and Biopolitics of the Posthuman” at Aarhus University in Denmark.


Alexander Boni-Saenz presented a draft of his paper Sexuality and Incapacity at the University of North Carolina Faculty Workshop, University of Illinois Faculty Workshop, and Washington University in St. Louis Regional Junior Faculty Workshop.


Elizabeth De Armond gave a presentation called “FCRA (Fair Credit Reporting Act) Basics” on Thursday, Feb. 5, 2015, at the National Consumer Law Center’s Foreclosure Defense Training Conference in Chicago, provided in conjunction with the Legal Aid Foundation of Chicago.


In November 2014, Valerie Gutmann Koch was the featured member of the American Society for Law, Medicine and Ethics newsletter. As noted in the feature, she continues to advise the New York State Task Force on Life and the Law, the state’s bioethics commission, as it finalizes its guidelines for allocation of ventilators in an influenza pandemic.

This past fall, Valerie Gutmann Koch was interviewed by the Atlantic about the legal and ethical implications of Facebook’s mood manipulation experiment.

Valerie Gutmann Koch is an invited speaker in April at the first annual Chicago Health Law Colloquium, presenting her research related to a private right of action for informed consent in research.


The Institute of Illinois Business Law is celebrating its Tenth Anniversary at Chicago-Kent College of Law, with Philip Hablutzel as its Director. Over the past several years, one of its major projects has been a complete revision of the Illinois Limited Liability Company Act. That work was completed in December, and in January the draft proposal was released for comment. The proposed legislation is being submitted to the Illinois General Assembly. Over the past four years, a series of Chicago-Kent students have prepared research memoranda on aspects of LLC law and participated with Institute members in the drafting process.


In early March, Nancy Marder will present her paper Juror Bias, Voir Dire, and the Judge-Jury Relationship as part of a panel on “Juries” at the 18th Annual Meeting of the Association for the Study of Law, Culture & the Humanities. This year’s conference will be held at Georgetown Law Center in Washington, D.C.

Professor Marder was invited to deliver one of the two academic lectures to be given at the Pound Civil Justice Institute’s 23rd Annual Forum for State Appellate Court Judges. The other academic lecture will be given by Professor Judith Resnik of Yale Law School. The conference will focus on “Judicial Transparency and the Rule of Law” and will be held in Montreal, Canada in July 2015.


Sheldon Nahmod‘s 32nd annual Section 1983 Conference will be held at the law school on April 16-17, 2015.  His blog,, has had more than 175,000 visitors from around the world. The blog covers constitutional law, free speech, religion, section 1983 and law teaching.


Henry Perritt has accepted an invitation from the National Association of Attorneys General to make a presentation at the association’s annual meeting in February.


César Rosado Marzán gave a workshop at Stockholm University in January 2015 on whether something akin to the British “Zero Hour Contracts” exist in the United States. These are contracts where employers do not promise any specific number of hours of work to employees, but expect them to be ready and willing to work at any time.

He presented his paper, When do Judges Protect Workers?, based on his ethnography of Chilean labor courts and its labor inspectorate, in the Chicago Junior Faculty workshop in January 2015. The same paper was also accepted for presentation at the annual meeting of the Society for the Study of Social Problems, which will take place this summer in Chicago.

His paper with Sergio Gamonal C., The Principle of Non-Waiver, was accepted for presentation at the Second Labor Law Research Network conference, which will take place this summer in Amsterdam, the Netherlands. He will also be chairing a panel at the same conference on private labor arbitration in the United States, Canada, and Cambodia.


Joan Steinman has been invited to join the American Academy of Appellate Lawyers as an Honorary Fellow. Membership in the Academy is by invitation only.

In late January, Professor Steinman spoke to the Chicago Bar Association Class Action Committee on Emerging Issues in Class Action law, with the focus on ascertainability of class members, whether class members need to have Article III standing to sue, and the role of damages calculations in determining whether common questions predominate over issues affecting only individual members of a Rule 23(b)(3) class.

Professor Steinman joined four American Law Institute Consultative Groups: those on conflict of laws, consumer contracts, data privacy, and foreign relations and law.

Professor Steinman continued to work on multiple-choice questions, answers, and explanations on matters of federal civil procedure that she initially drafted last summer to prepare students for the bar exam which, starting in February 2015, will include multiple-choice questions on civil procedure in the multi-state portion.


Richard Warner presented “The Self, The Stasi, and the NSA: Privacy in Public in the Surveillance State” at the Midwest Privacy Scholars Roundtable at Notre Dame University on October 24, 2014; at a faculty presentation at Chicago-Kent, November 25, 2014; and at the Privacy Law Scholars Conference in Berkeley, CA, June 5 – 6, 2015. He presented on “The Sony Hack” at IIT on January 27, 2015.. He gave the keynote presentation “Doing Better: An Anatomy of the Target Breach” at Beyond Defense in Depth, a Guidance Software Security Seminar, in Chicago on October 29, 2014. He spoke to the The Georgian Bar Association on “Getting Consent Online: Myth, Reality, and Regulation” in Tbilisi, Georgia, on December 11, 2014; he will also give the presentation at a conference on eAdministration in Torun, Poland, on April 17, 2015. He will give a Web TV interview, “The Psychology of White Collar Crime,” on The Circle of Insight on March 6, 2015.He will give the keynote, “What Does This Mean for Me? Responding to the Wave of Data Breaches,” at the ARMA conference in Chicago on May 6, 2015.


On January 3, 2015, Richard Wright presented a paper on economic and non-economic theories of causation in the law to the Law and Economics Section of the Association of American Law Schools at the association’s annual meeting in Washington D.C. He has initiated work with faculty of IIT’s School of Applied Technology to rebuild and expand legal modeling and educational pedagogy software that he developed between 1997 and 1999 while teaching a course on Computers and Legal Reasoning, looking toward establishment of a Center for Educational Technology.

Publications – February 2015

Lori Andrews has been working on projects analyzing the legal issues raised by gamification. She and others have contributed chapters to a new book to ask, “Can game design energize society and individuals, or will algorithmic incentive systems become our new robot overlords?” Her chapter, Privacy and Data Collection in the Gameful World, appears in The Gameful World: Approaches, Issues, Applications (Steffen P. Walz and Sebastian Deterding, eds.) (MIT Press: Cambridge 2015), which was released January 2015.

Lori Andrews, Michael Holloway and Dan Massoglia released a policy paper on the legal conundrums caused by webcams: Digital Peepholes – Remote Activation of Webcams: Technology, Law, and Policy. Lori also wrote an op-ed piece for the Chicago Tribune, “All I Want for Christmas is Internet Privacy,” which asked Congress for stricter laws to protect privacy online. She and her collaborators, Maxwell Mehlman and Mark Rothstein, have just completed the fourth edition of their casebook Genetics: Ethics, Law and Policy (West Publishing 2015) which will be published later this year.


Valerie Gutmann Koch‘s article A Private Right of Action for Informed Consent was published at 45 Seton Hall L. Rev. 173 (2015). Her book chapter in Prenatal and Preimplantation Genetic Diagnosis: The Burden of Choice (Springer) will be published this summer.


Steve Heyman‘s article The Conservative-Libertarian Turn in First Amendment Jurisprudence was recently published in the West Virginia Law Review. The article is an expanded version of the third annual C. Edwin Baker Lecture for Liberty, Equality, and Democracy, which Professor Heyman gave at West Virginia University College of Law last April. He also presented this paper at Chicago-Kent as part of the university’s celebration of Constitution Day in September, and to members of the Osher Lifelong Learning Center at Northwestern University in December.


Sheldon Nahmod published the 4th edition of his casebook, Constitutional Torts (with Wells, Eaton, Smith), which will be available this spring.


Henry Perritt‘s article Sharing Public Safety Helicopters, co-authored with Eliot O. Sprague and Chicago-Kent adjunct professor Christopher L. Cue, has been published by the SMU Journal of Air Law and Commerce.

Professor Perritt’s article Drones, co-authored with Eliot O. Sprague, is in editorial production with the Vanderbilt journal of Entertainment and Technology Law,

An additional article by Professor Perritt and Eliot O. Sprague, Law Abiding Drones, has been accepted by the Columbia University Law School Technology Journal.


Nancy Marder‘s article Jurors and Social Media: Is a Fair Trial Still Possible? was published at 67 SMU L. Rev. 617 (2014), which was a symposium issue consisting of articles presented at a Criminal Justice Colloquium held at SMU in January 2014.


César Rosado Marzán’s new edited book (with Maron Kebede, C-K ‘15) The Regulation of Compensation: Proceedings of the NYU 66th Annual Conference on Labor was published by Lexis in November 2014.


Christopher Schmidt‘s article New York Times v. Sullivan and the Legal Attack on the Civil Rights Movement was published at 66 Ala. L. Rev. 293 (2014).


David Schwartz published the article Unpacking Patent Assertion Entities with Christopher A. Cotropia and Jay P. Kesan at 99 Minn. L. Rev. 649 (2014).


Two short articles by Ronald Staudt about access to justice and pro bono solutions will be published in the next few weeks: The College of Law Practice Management Gives Back, in ABA Law Practice, March/April 2015, and Inventing a 100% Future for Legal Aid in the MIE Journal, Volume XXVIII, Number 4, Winter 2014, p. 32.


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


Adrian Walters‘s article Statutory Erosion of Secured Creditors’ Rights: Some Insights from the United Kingdom will shortly appear at 2015 U. of Ill. L. Rev. 101.

Research in Progress – February 2015

Nancy Marder is working on an Introduction to the symposium issue of the Chicago-Kent Law Review entitled “Juries and Lay Participation: American Perspectives and Global Trends.” The law review symposium issue will include articles that were presented at a conference organized by Nancy Marder, Valerie P. Hans of Cornell Law School, and the Chicago-Kent Law Review; it was held in October 2014 at Chicago-Kent. The symposium issue, for which Professors Marder and Hans are the Symposium Editors, will be published in May 2015.


Sheldon Nahmod is on research leave this spring semester, working on several projects dealing with section 1983, legislative prayer, and a template for evaluating Supreme Court constitutional decisions.


César Rosado Marzán started doing fieldwork at a Chicago-area worker center for his new ethnographic project, tentatively entitled: “Workplace Justice in the Global City: An Ethnography of a Chicago Worker Center.”


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. She also is working on an article on the appellate law issues raised by the U.S. Supreme Court’s recent decision in Dart Cherokee Basin Operating Co., LLC v. Owens, 135 S. Ct. 547 (2014).