Monthly Archives: May 2015

Faculty Activities – May 2015

Lori Andrews was named a 2014 Lawyer of the Year for biotechnology and was featured on the cover of Best Lawyers magazine in April.  Professor Andrews was interviewed by the Canadian Broadcast Company on the Ajusto app, a “usage-based insurance” tool used by insurance companies to monitor driving habits.  Professor Andrews also traveled to Toronto to advise writers and producers on a new legal TV show.  In May, the March of Dimes honored Professor Andrews for her 30 years of service on the March of Dimes Bioethics Committee.  Professor Andrews received a necklace with an original Roosevelt dime, commemorating the President’s founding of the organization.

This fall, Professor Andrews will discuss social networks and the death of privacy at 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.


Professor Ralph Brill was a panelist  at the Conference on Leadership, University of Oregon School of Law on April 24-25, 2015.  Professor Brill’s topic was “The History of Legal Writing Programs: The Legends of Legal Writing,” with Emeritus Professor Mary Lawrence, University of Oregon Law School, and Emeritus Professor Marjorie Rombauer, the University of Washington Law School. Professor Brill will attend the biennial conference of the Association of Legal Writing Directors, at the University of Memphis Law School next month.  Professor Brill, a member of the Academic Committee of the Burton Foundation, will attend the annual Burton Awards for Excellence in Legal Writing at the Library of Congress next month.


On May 8. 2015 Professor Evelyn Brody presented “Federation as a Reputational Mechanism: The U.S. Law of Same-Name Nonprofit Organizations” at The Law of Charity, Annual Common Law Colloquium, Faculty of Law, University of Montreal. On December 31, 2014, the two-justice dissenting opinion of the Minnesota Supreme Court cited Professor Brody’s Agents Without Principals, which was published at 40 N.Y. L. Sch. L. Rev. 457 (1996).  See Medical Staff of Avera Marshall Regional Medical Center v. Avera Marshall, 857 N.W.2d 695, 713 n.13 (Minn. 2014) (Anderson, J., dissenting).


Professor Doug Godfrey taught a two-week course, Introduction to the American Legal System, to undergraduate students at Zhong Nan University of Economics and Law in Wuhan, China. Several of the students will attend Chicago-Kent in the fall to pursue an LL.M. degree.


Patrick Goold presented a draft article entitled Intellectual Property and the Bundle of Torts at the 2015 Works in Progress in Intellectual Property Conference hosted by George Washington Law School & the U.S. Patent and Trademark Office, and at the 2015 IP Scholars Roundtable hosted by Drake Law School.


In February, Professor Philip Hablutzel was reappointed to a twelfth one-year term as a member of the Business Conduct Committee of the Chicago Board Options Exchange and its two sister exchanges. He also remains a member of its Hearing Panel for cases from the CBOE Futures Exchange. In April, Professor Hablutzel and his wife were guests of a Bulgarian diplomat at the United Nations training center for labor relations, in Turin, Italy. On April 24, Professor Hablutzel and Dean Krent presented a panel, “The Educators’ Perspective,” at a conference on Civility and Professionalism in 2015: Looking at How Attorneys Act and Survive in the Profession,” co-sponsored by Chicago-Kent, ISBA, LAP, and the Illinois Supreme Court Commission on Professionalism.


Professor Steven Heyman presented a paper entitled Religious Liberty, Civil Rights, and the Controversy over Same-Sex Marriage at an interdisciplinary conference on Freedom of (and from) Religion: Debates Over the Accommodation of Religion in the Public Sphere, which was held at the University of California, Santa Barbara, on April 30-May 2, 2015. In March, Professor Heyman commented on Prof. Patrick Garry’s lecture, “Limited Government and the Bill of Rights,” at an event sponsored by the Chicago-Kent Federalist Society.


On April 8, Valerie Gutmann Koch presented at the first annual Chicago Health Law Colloquium regarding her research related to a private right of action for informed consent in research. On April 2, she presented a guest lecture at Loyola University Stritch School of Medicine, Neiswanger Institute for Bioethics and Health Policy on direct-to-consumer genetic testing.  In August, she will be presenting two lectures during the University of Chicago MacLean Center for Clinical Medical Ethics Summer Intensive: “Informed Consent in Treatment and Research – What’s the Difference?” and “Judges and Lawyers as Medical Decision-Makers.” She has been invited to present her work on “Adherence to Altered Standards of Care in a Public Health Crisis” in November at the annual MacLean Center Conference.  She has also had proposals accepted for the annual meeting of the American Society for Bioethics and Humanities (ASBH), held in Houston in October. She is co-chair of the Law Affinity Group for ASBH.


In April, Dean Krent addressed a committee of the CBA about trends in Social Security Disability litigation, and addressed an ISBA conference on teaching professionalism.  Dean Krent also participated in a symposium at Syracuse University on trends in legal education, which was held in honor of former Chicago-Kent dean Richard Matasar.


Martin Malin spoke on “FSIP and the FLRA – the relationship between impasse procedures and the ULP Process,” to the Federal Labor Relations Authority Office of General Counsel professional staff on April 2, 2015.  He debated Professor Rosado over whether Northwestern University football players are employees under the NLRA before the Chicago-Kent Labor & Employment Law Society on March 31, 2015.  Professor Malin spoke on “Labor Law: The Status Quo and Prospects for Reform,” at the AFL-CIO Next Up Summit in Chicago on March 20, 2015.  On May 23 at the annual meeting of the National Academy of Arbitrators, Professor Malin expects to be elected Vice President; he was slated by the nominating committee and there has never been a contested election in NAA history. On June 27, 2015 Professor Malin will present “An Empirical Comparison of the Handling of Human Rights Claims in Labour Arbitration in Ontario and before the Human Rights Tribunal of Ontario” at the biennial meeting of the Labor Law Research Network in Amsterdam, the Netherlands.


This month Nancy Marder will present her paper on juries and social media at a panel on “Challenges Facing the American Jury,” at the Law & Society Association (LSA) Annual Meeting in Seattle, Washington. Also at LSA, Professor Marder will chair and serve as discussant for a panel she organized entitled “Global Jury Practices and Innovations: A Cross-Country Exchange.” In early June, Professor Marder will give a lecture entitled “Juries, Judges, and Trials in the American Legal System” to a group of Thai judges who will be visiting Chicago-Kent. Professor Marder has spoken to journalists from the Associated Press and Scripps Media, among others, to answer media questions about recent jury trials.


Sheldon Nahmod organized and spoke at the 32nd annual Section 1983 Conference held on April 16-17 at Chicago-Kent. Professor Nahmod’s topics were The Section 1983 Claim and Procedural Defenses: The Basics.  Professor Nahmod’s blog,, deals with section 1983, constitutional law, free speech and religion.


Henry Perritt made a presentation in March on civilian drones to a plenary session of the National Association of Attorneys General in Washington, D.C. Professor Perritt and Eliot Sprague made a presentation on the same subject to the annual meeting of the Midwest Helicopter Association in April 2015. Professor Perritt also made a presentation at IIT’s Forensec conference in April on security concerns involving civilian drones.  Professor Perritt succeeded in obtaining a section 333 exemption for his client Colin Hinkle, enabling him to shoot live video for Chicago’s ABC7 television channel. He has filed section 333 petitions for four other clients.


César Rosado Marzán debated Marty Malin at the invitation of the Labor and Employment Law Students Association and the Sports and Entertainment Law Society on the topic of why Northwestern University football players are employees under the National Labor Relations Act.  Professor Rosado Marzán will be a Visiting Scholar at the American Bar Foundation in 2015-16.


On April 3, Professor Ron Staudt spoke as a member of the ABA Commission on the Future of Legal Services at the “Arizona Forward” conference in Phoenix — a statewide meeting of bar and bench leaders in Arizona examining demographic and economic trends to chart the future of law practice.  On April 13-14, at the invitation of the Legal Services Corporation, Professor Staudt attended a reception at the Supreme Court of the United States hosted by Associate Justice Ruth Bader Ginsburg, and a White House Forum at which his student, Hanna Kaufman, spoke about his Justice & Technology Practicum course and its impact on access to justice for low income people.  On April 23, with John Mayer and Jessica Frank, he spoke about “Smart Phones and Access to Justice for Low Income People” to the annual convention of the National Association of Law Placement.  On April 26-27, Professor Staudt participated in a leadership conference sponsored by the Kauffman Foundation in Kansas City on Access to Justice, Legal Education and Technology.  On May 3-4, he and the other members of the ABA Commission on the Future of Legal Services met at Stanford University for the National Summit on Innovation in Legal Services, at which the CALI/Chicago-Kent software A2J Author was showcased.  On June 11 and 12th, the CALI A2J Course Project faculty participants will meet at Chicago-Kent with faculty from six new law schools joining the effort to build curriculum modeled on Chicago-Kent’s Justice and Technology Practicum. Schools represented include the University of Tennessee, Indiana University, Northwestern University, Stetson University, Hofstra University, and the University of Missouri, Kansas City.  On June 19-21, Professor Staudt will present the keynote at the Nottingham Trent University Law School conference on Legal Education and Access to Justice in Nottingham, England.


Dan Tarlock participated in the ABA’s “Water Law 101” webinar on April 9, 2015.  Professor Tarlock presented “Do the Sustainability and Resilience Paradigms Really Help Us do a Better Job Allocating Water?” at the First Annual Sustainability Conference of American Legal Educators, held May 8 at the Sandra Day O’Connor College of Law, Arizona State University. Professor Tarlock is presenting “The Role of International Water Law in Mitigating the Costs of Droughts, Floods and the Degradation of Aquatic Ecosystems” at a conference titled The Role of International Environmental Law in Disaster Prevention and Mitigation at Stanford University School of Law, May 21- 22, 2015.  He will present “Water Security 101” at the Rocky Mountain Mineral Law Foundation Bi-Annual Law Teachers Conference in Salt Lake City on May 27.  He will present “United States Flood Control Policy” at the EU Conference on Flood Management, Usti Nd Labem, Czech Republic, June 12-13.


Adrian Walters presented “Reception & Resistance: The Asymmetric Treatment of Foreign Restructuring Plans in the United Kingdom and the United States” at the 17th Annual Colloquium of the INSOL International Academics’ Group in San Francisco in March. Professor Walters was recently invited to serve as the United States Reporter in connection with a European Commission comparative study on national approaches to business failure and bankruptcy.


Richard Warner presented at “Responding to the Wave of Data Breaches,” eAdministration Conference, Torun, Poland, April 29, 2015.  Professor Warner was the keynote speaker at the ARMA conference “Responding to the Wave of Data Breaches,” which took place in Chicago on May 6.  Professor Warner also presented “The Self, The Stasi, and the NSA: Privacy, Fear, and Complicity in the Surveillance State,” at the Privacy Law Scholars Conference, which will take place in Berkeley, CA, on June 5–6, 2015.

Publications – May 2015

Lori Andrews and the Institute for Science, Law and Technology will be releasing a study, “Monitoring Health on the Go: The Privacy Implications of Diabetes Apps,” which examines the data collection and data use practices of mobile health apps.  An excerpt from Professor Andrews’s book, Body Bazaar: The Market for Human Tissue in the Biotechnology Age, is being used by high school students in Japan to prepare them for their university entrance exams.


Professor Evelyn Brody’s article Time for an EO-EZ Status for Small Charities? was the cover piece in the May 18, 2015 issue of Tax Notes Magazine, published at 147 Tax Notes 815 (May 18, 2015).


Steven Heyman published a review of a recent book by Thomas Healy entitled The Great Dissent:  How Oliver Wendell Holmes Changed His Mind – and Changed the History of Free Speech in America (2013).  Professor Heyman’s review appears in the spring 2015 issue of the Law and History Review.  His C. Edwin Baker Lecture, The Conservative-Libertarian Turn in First Amendment Jurisprudence, published at 117 W. Va. L. Rev. 231 (2014), is featured in the Spring issue of IIT Chicago-Kent Faculty Perspectives, and is also summarized in a blog post entitled “The Conservative Justices, the Constitution, and the First Amendment,” which is posted at


Nancy Marder‘s book chapter entitled Justice John Paul Stevens and His Clerks, has been published in Courtiers and Kings: More Stories on Supreme Court Law Clerks and Their Justices (Todd Peppers and Clare Cushman eds., University of Virginia Press 2015).  Nancy Marder’s book chapter, entitled Jurors and Juries, has been published in The Law and Society Handbook (Austin Sarat and Patricia Ewick eds., Wiley Blackwell 2015).


The 4th edition of Sheldon Nahmod‘s (with co-editors Wells, Eaton and Smith) Constitutional Torts casebook (LexisNexis 2015) has been published.


Henry Perritt’s three law review articles, co-authored with Eliot O. Sprague, Drones (published by the Vanderbilt Journal of Entertainment and Technology Law), Law Abiding Drones (published by the Columbia Science and Technology Law Review), and Developing DROP Discipline (published by the Hastings Science and Technology Law Journal) all are in press and should be released within the next couple of weeks.  Professor Perritt and Eliot O. Sprague’s magazine articles Brace for Impact, Game of Drones, and Drones: Free at Last? were published in Vertical magazine, Rotorcraft Pro, and the Radio and Television Digital Association newsletter, respectively.


Christopher Schmidt published The Law and Economics of the Civil Rights Revolution, a review of Gavin Wright, Sharing the Prize: The Economics of the Civil Rights Revolution in the American South (2013) for Jotwell (March 2015).


Joan Steinman completed the pocket parts to Wright & Miller, and the Michigan State L. Rev. published Professor Steinman’s article, The Puzzling Appeal of Summary Judgment Denials: When Are Such Denials Reviewable?.


Dan Tarlock‘s chapter International Water Law and Climate Disruption Adaptation appears in The UNECE Convention on the Protection of Transboundary Watercourses and Lakes: Its Contribution to International Water Cooperation (Attila Tanzi et al. eds., 2015).  International Environmental Law and Policy, edited by Professor Tarlock along with Edith Brown Weiss, Stephen McCaffrey, Daniel Mcgraw,  and Stephanie Tai is currently in press by West Publishing.


Adrian Walters‘s article Statutory Erosion of Secured Creditors’ Rights: Some Insights from the United Kingdom, published at 2015 U. Ill. L. Rev. 543 was showcased in Harvard Law School’s Bankruptcy Roundtable. He has a casebook on Contracts, co-authored with Michael Hunter Schwartz, coming out in time for the Fall 2015 semester, entitled Contracts: A Context and Practice Casebook, 2nd edition (Carolina Press, 2015).


Richard Warner‘s article The Self, the Stasi, and the NSA: Privacy, Knowledge, and Complicity in the Surveillance State, with Robert Sloan, is forthcoming in the Minnesota Journal of Law, Science, and Technology.

Research in Progress – May 2015

Nancy Marder is working on a lecture, which will be published as a short article for practitioners, then expanded into a law review article for academics, on courts and transparency. The article focuses on two ways in which courts try to be transparent–by holding public proceedings and by engaging in public outreach. Professor Marder suggests five principles for courts to follow in deciding which new practices to adopt to make their work more transparent to the public. She also offers several new practices–many based on the work of colleagues at Chicago-Kent–that courts should consider adopting because they use technology to enhance court transparency.  Professor Marder has spent the past few months working with her symposium co-editor, Valerie Hans, and the Chicago-Kent Law Review, to complete the production for an upcoming symposium issue of the law review entitled Juries and Lay Participation: American Perspectives and Global Trends, for which Professor Marder has contributed an article and has co-authored, along with Valerie Hans, an introduction.


Sheldon Nahmod is currently working on the 2015 update to his treatise, Civil Rights and Civil Liberties Litigation: The Law of Section 1983 (4th ed., West).  Professor Nahmod is also working on projects focusing on Town of Greece (Establishment Clause) and on damages actions against terrorist-sponsoring entities.


César Rosado Marzán has been doing fieldwork in a Chicago-area worker center for a project on low-wage work in the global city.