Monthly Archives: October 2015

Faculty Activities – September 2015

Lori Andrews was a panelist in The SciTech Edge program sponsored by the ABA Section of Science & Technology Law Membership and Diversity Committee in September to teach students how to brand and build a legal career related to science and technology. She discussed internet privacy at the North Dakota Humanities Council’s Summit “Game Changers.” She was named a Leading Lawyer in Reproduction Technology Law by Leading Lawyers.  

In November, Professors Richard Warner and Andrews will host the conference, “Exposed: Privacy, Security and the Smart City” at Chicago-Kent. In December, Andrews will provide the keynote speech at the conference, “Ethics, Aesthetics, and Biopolitics of the Posthuman” at Aarhus University in Denmark. In January, Andrews will be speaking in New York City at “i3 – Insight, Innovation, Impact – A Summit for Women.”

 

On June 4, Philip Hablutzel chaired Chicago-Kent’s 34th Annual Conference on Not For Profit Organizations. Later in June, he was re-appointed to two Section Councils of the Illinois State Bar Association: Business and Securities Law, and International and Immigration Law. On September 3, he was the lead speaker on an ISBA Seminar on Drafting an Operating Agreement for a Limited Liability Company. Later, on September 17, he hosted the annual kick-off meeting of the Institute of Illinois Business Law at Chicago-Kent. He remains Director of the Institute and is also serving a two-year term as its Vice Chair.

 

Professor Joan Steinman is serving as the faculty sponsor for visiting scholar Dr. Cibao Wang of China, who is seeking to understand public interest law and practice in the United States. She is consulting with a handful of other professorial experts to formulate and recommend changes to the federal removal and remand statutes. In September, Prof. Steinman served as one of six senior scholars who commented upon the writings of junior scholars at the Federal Courts Scholarship Workshop held at the University of California at Irvine.

 

Kent Streseman and seven Chicago-Kent students 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.

 

Mary Rose Strubbe was a panelist at The Southeastern Association of Law Schools (SEAL) in late July on integrating skills teaching with “traditional” doctrinal courses.

 

Martin Malin was elected a vice president of the National Academy of Arbitrators at the Academy’s annual meeting on May 23 in San Francisco. During the week of June 8, He taught the course, “Becoming a Labor Arbitrator,” for the Federal Mediation and Conciliation Service in Crystal City, VA. The course is offered by FMCS for individuals seeking to be accredited by FMCS as labor arbitrators. On June 26, he  presented a paper, “An Empirical Comparison of the Handling of Statutory Human RIghts Claims in Labour Arbitration in Ontario and before the Human Rights Tribunal of Ontario,” at the Labor Law research networks biennial conference in Amsterdam and on September 12 he presented a paper, “The Controversy Over 14 Penn Plaza v. Pyett: What Might We Learn from Canada?” at the Colloquium on Scholarship in Employment and Labor Law at Indiana University – Bloomington Law School. He has accepted an invitation to serve as the Scholar in Residence at the ABA Section on Labor and Employment Law Committee on ADR’s midwinter meeting next February. Malin will present his ongoing research on the arbitration of statutory human rights claims in Canada and a paper he is currently developing entitled, “Three Phases of the Supreme Court’s Arbitration Jurisprudence.”

 

In June, Nancy Marder presented a paper entitled Theories of Juror Bias, Voir Dire, and the Judge-Jury Relationship at a conference on Law and Society in the 21st Century: The Functions of Law in a Global Society. The conference was held at the University of Oslo in Oslo, Norway.

In July, Professor Marder delivered an academic lecture entitled Judicial Transparency in the Twenty-First Century to close to 200 American state court judges who gathered in Montreal, Canada for the Pound Civil Justice Institute’s 2015 Forum for State Appellate Court Judges. After Professor Marder’s lecture, a panel of lawyers and judges provided commentary on it. Professor Marder attended small-group sessions and answered judges’ questions and responded to additional questions at a closing panel in the afternoon. Professor Marder provided one of the two academic lectures at this forum; the other was provided by Judith Resnik from Yale Law School. Both lectures will be published by the Pound Civil Justice Institute in a report at the end of the year.

In September, Professor Marder attended a conference entitled “The State and Future of Civil Jury Trials” at NYU. She participated in a session consisting of Academic Advisors (of which she is one) as well as judges and jury consultants. The group is helping the new Civil Jury Project at NYU Law School to formulate its research agenda.

 

Hank Perritt was interviewed on WLS TV, (ABC7 Chicago), along with Chicago Alderman and Chicago-Kent graduate Scott Waguespack, on a proposed ordinance to regulate drones. Professor Perritt has obtained section 333 exemptions from the FAA, permitting two more clients and his Modovolate Aviation, LLC to fly drones commercially.

 

Cesar Rosado presented “Settling claims under socialism and neoliberalism in Chile” at the faculty workshop of the College of Law of West Virginia University in August 2015. He presented “The Nonwaiver Principle in Latin American and U.S. Work Law” during the 2015 Law & Society Annual Meetings in Seattle, Washington and the  2nd Labor Law Research Network Confence in Amsterdam, Netherlands. Professor Rosado also moderated and discussed a panel on labor arbitration at the 2nd Labor Law Research Network Conference in Amsterdam, Netherlands. In September 2015, he also participated in the George Mason Law School’s Law and Economics Workshop on Pensions in Palo Alto, California.

 

Christopher Schmidt presented “Federalism and Movement Mobilization in the Civil Rights Era” at the Law and Society Association Annual Meeting in Seattle in May 2015. Later, he presented “‘The Civilizing Hand of Law’: Defending the Legal Process in the Civil Rights Era” at the Conference on Rhetorical Process and Legal Judgments at the University of Alabama School of Law in September 2015.   

 

Dan Tarlock delivered a speech to the Technical Committee Global Water Partnership in Stockholm, Sweden, on August 27-28 in which he presented a monograph via video stream to a worldwide network of partners.

 

Adrian Walters spent the summer of 2015 working on a report on the US bankruptcy system for a European Commission comparative study on national approaches to business rescue and bankruptcy. He also contributed to an INSOL Europe Academic Forum conference on the European Commission’s “Recommendation on a New Approach to Business Failure and Insolvency” co-hosted by Nottingham Law School and Radboud University Nijmegen, held in the UK in June 2015. In September 2015, he moderated a panel discussion on recent cases influencing bankruptcy law practice in the Seventh Circuit, at the American College of Bankruptcy, Seventh Circuit Education Committee’s Sixth Annual Seminar hosted by Chicago-Kent.

Walters was voted the Student Bar Association’s Professor of the Year for 2014-2015.

 

 

Richard Warner will be presenting “Is It All Over? Self, Privacy, and Power in the Surveillance Age,” a series of three lectures to the Aspen Institute of Chicago on October 30 – November 1, 2015. As Director of the School of American Law, he is overseeing the beginning of the 2015-16 academic year in the programs in Armenia, Georgia, Lithuania, Poland, and Ukraine. He is currently writing The Investigative Gaze: How Surveillance Undermines Trust.

Publications – September 2015

Lori Andrews, along with her co-authors Max Mehlman and Mark Rothstein, published a revision to their casebook, Genetics: Ethics, Law, and Policy, 4th edition (2015). Andrews’s book, “I Know Who You Are and I Saw What You Did: Social Networks and the Death of Privacy,” was published in Arabic. Andrews wrote a commentary in the Chicago Tribune, “Gov. Rauner, Protect Our Digital Privacy,” in August in which she discussed the importance of illinois Senate Bill 1833.  

Andrews also wrote an article for the American Bar Association’s magazine for high school teachers, Insights on Law & Society, entitled “The Right to a Fair Trial in the Age of Facebook,” discussing the use of social media by law enforcement and attorneys as evidence in courtrooms. 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.

 

Dean Harold Krent contributed (as associate reporter) two chapters in the ABA’s revised “Guide to Judicial and Political Review of Federal Agencies” (2015).

 

Nancy Marder’s article, Juror Bias, Voir Dire, and the Judge-Jury Relationship was published in 90 Chicago-Kent Law Review 927 (2015). Professor Marder, along with co-author Valerie Hans (from Cornell Law School), published Introduction to Juries and Lay Participation:  American Perspectives and Global Trends, which appeared in 90 Chicago-Kent Law Review 789 (2015). Professors Marder and Hans also served as Co-Symposium Editors of this volume, entitled Juries and Lay Participation: American Perspectives and Global Trends, of the Chicago-Kent Law Review. The articles in the law review had been presented at a jury conference held at Chicago-Kent in October 2014. Professor Marder’s essay, entitled Jury Instructions Written for Jurors:  A Perennial Challenge, was published in Speaking of Language and Law: Conversations on the Work of Peter Tiersma 293 (Lawrence M. Solan, Janet Ainsworth & Roger W. Shuy eds., 2015). The book is in memory of the law and language scholar, Peter Tiersma, and enabled contributors to comment on Tiersma’s work and to explain how his work has had a profound influence on all of our work.

 

Hank Perritt‘s law review article, Using the Internet to Make Drones Safe, co-authored with Albert J. Plawinski, will be published this fall in the  Aspen J. Internet L. Another article, Making civilian drones safe: performance standards, self-certification, and post-sale data collection, co-authored with Albert J. Plawinski, will be published this fall in 14 Northwestern J. Tech. & Intel. Prop.

His piece, One centimeter over my back yard: where does federal preemption of state drone regulation start?, co-authored with Albert J. Plawinski, will be published this fall in the  N.C.J. Law & Tech.His magazine articles, Squeezed out of the sky: would the Amazon proposal expand or restrict drone newsgathering?,  ENG ‘kites’: Tethered drones for newsgathering, and  It’s a drone –uh . . . UFO! were published in the RTDNA Newsletter (Radio and Television Digital News Association).

 

Cesar Rosado’s paper with Alex Tillet-Saks, Work, Study, Organize!: Why the Northwestern University Football Players are Employees Under the National Labor Relations Act, was published in volume 32 of the Hofstra Labor and Employment Law Journal. His paper with Sergio Gamonal,  Protecting Workers as a Matter of Principle: A South American View of U.S. Work Law, was published in volume 13 of the Washington University Global Studies Law Review. His book chapter with Sergio Gamonal C., Age Discrimination Law in Latin America: Playing “Catch Up”, in Ann Numhauser-Henning and Mia Rönnmar (eds.), Age Discrimination and Labour, (Hart Publishing) was recently published.

 

Christopher Schmidt published Litigating Against the Civil Rights Movement in 86 U. Colo L. Rev. 1173 (2015). His Review of Stuart Banner, The Baseball Trust (2013) and Nathaniel Grow, Baseball on Trial: The Origin of Baseball’s Antitrust Exemption (2014) were published in 33 Law & Hist. Rev. 756 (2015).

 

In October, Dan Tarlock will publish a West casebook, International Environmental Protection with Edith Brown-Weiss, Stephen McCaffrey, Daniel Mcgraw and Stephanie Tai. The book chapter, “Water Availability and Allocation,” In Oxford Encyclopedia of Climate Change Law, is in press. “The Future of Hydroelectric Policy in the United States: Thinking Small,” In Delivering Energy Law and Policy in the EU and US: A Reader, is also in press from the University of Edinburgh Press. The book manuscript for “The Potential Role of International Environmental and Water Law to Prevent and Mitigate Water Related Disasters,” in The Role of International Environmental Law in Disaster Risk Reduction (Jacqueline Peel and David Fisher eds.), will be submitted to Brill Academic Publishers in October, 2015. He also published the monograph, Promoting Effective Trans-basin Water Use and Management Cooperation Among Riparian Nations: From Principle to Practice, (The Global Water Partnership) in 2015.

 

Adrian Walters’s article entitled “Giving Effect to Foreign Restructuring Plans in Anglo-US Private International Law” was published at (2015) 3 Nottingham Insolvency and Business Law e-Journal 20 as part of a festschrift collection honoring Professor Ian Fletcher of University College, London, a leading international bankruptcy scholar.

 

Richard Warner published The Harm in Merely Knowing: Privacy, Complicity, Surveillance, and the Self, with Robert Sloan in 19 The Journal of Internet Law 3 (2015). His piece, The Self, the Stasi, and the NSA: Privacy, Knowledge, Complicity in the Surveillance State, co-written with Robert Sloan, will be published in the minn. J. L., Sci & Tech in 2016.

Research in Progress – September 2015

Lori Andrews is currently working on research that focuses on virtual clinical trials and online medical research.

 

Nancy Marder is working on an article, currently titled Foster v. Chatman:  A Watershed Moment for Batson and Peremptory Challenges?  The case involves an African-American defendant who challenged the prosecutors’ exercise of four peremptory challenges that were used to remove four African-American prospective jurors from his jury. The defendant was tried by an all-white jury and convicted and sentenced to death.  What is unusual about the case, and the reason the U.S. Supreme Court has decided to hear it this term, is that the defendant was able to obtain the prosecutors’ notes, through the Georgia Open Records Act, and the notes reveal that the prosecution removed prospective jurors based on their race, even though the prosecutors claimed otherwise.  The Court should not only hold that there was a Batson violation (because peremptory challenge cannot be based on race), but also it should recognize that the Batson test is ineffective and that the only adequate remedy is to eliminate peremptory challenges. Professor Marder will attend oral argument in this case on November 2, 2015 at the Supreme Court.

 

Professor Joan Steinman has been invited to publish a piece in a Roundtable symposium for the Vanderbilt Law Review’s online companion, “En Banc.” Each of the invited authors will write on aspects of Spokeo, Inc. v. Robins, a case in the Supreme Court that raises questions about standing to sue for violations of the federal Fair Credit Reporting Act. The articles are to be published before oral argument in the case is heard in October. Professor Steinman is working on that piece and on other articles.