Monthly Archives: January 2016

Faculty Activities – January 2016

Lori Andrews and Richard Warner hosted the conference, “Exposed: Privacy, Security and the Smart City” in November at Chicago-Kent.

In December, Professor Andrews provided the keynote speech at the conference, “Ethics, Aesthetics, and Biopolitics of the Posthuman” at Aarhus University in Denmark. In January 2016, she spoke in New York City at “i3 – Insight, Innovation, Impact – A Summit for Women.”  Sponsored by the UJA-Federation, the Summit brought together women leaders to share their stories of impact and change. In February, Professor Andrews will discuss synthetic biology and art at the Newkirk Center for Science & Society at the University of California, Irvine.


Evelyn Brody was a speaker on the U.S. law of charitable trusts and on federal and state law relating to tax-exempt organizations to Chinese government officials drafting a new China Charity Law, facilitated by the Asia Foundation, at the Workshop on U.S and Chinese Charity Laws, hosted by the China Research Institute, Beijing Normal University in December 2015.

Professor Brody also spoke at the 43rd Annual Conference of the Association for Research on Nonprofit Organizations and Voluntary Action in November in Chicago,  in a colloquium on “Redefining the Common Good”; at a plenary session on “The State of Nonprofit Finance and Accountability”; and as one of five speakers on “Nonprofit Oversight Under Seige: An International Comparison of Regulatory Models.”

Professor Brody was a co-organizer (with D. B. Reiser) and presenter (with co-author M. Owens) in the Chicago-Kent Law Review Symposium, “Nonprofit Oversight Under Siege: An International Comparison of Regulatory Models.”

Professor Brody also presented “Separation of Powers and Passive-Aggressive Statutory Interpretation: The Case of Property-Tax Exemption for Charities” at “Elasticity of the Boundaries: What Is (and Isn’t) Charitable?” Annual Conference of the National Center on Philanthropy and the Law, NYU School of Law, in October.

She also was a co-organizer of the conference “Donor Advised Funds: How Have They Changed Philanthropy?” and moderated a panel on DAFs Moving Forward and the Research Agenda. The conference was hosted by the Tax Policy & Charities Project, Center on Nonprofits and Philanthropy and Tax Policy Center, The Urban Institute, June 2015, in Washington, D.C..


Suzanne Ehrenberg gave a presentation, “Teaching the Neglected Art of Persuasive Writing,” in December at the “University of Melbourne Legal Writing Conference” in Melbourne, Australia.  The presentation addressed the recent ascendance of written advocacy in the Australian appellate process, where oral argument has historically played the dominant role.  Australian and New Zealand law professors were introduced to pedagogical techniques used in American law schools to teach effective brief-writing.


David Gerber was a distinguished visiting professor at the University of Zurich Law Faculty last September, where he participated in several faculty workshops and seminars and gave a lecture on antitrust law and global supply chains at the university’s European Institute.  Last October, Professor Gerber was elected president of the American Society of Comparative Law (ASCL) at its annual meeting in Dallas. In November he represented ASCL at the International Congress planning meeting of the International Academy of Comparative Law in Paris.


Steven Harris participated as a member of the U.S. delegation in a meeting of the Preparatory Commission for the Establishment of a Registry for Space Assets under the Cape Town Convention.


Valerie Gutmann Koch delivered two lectures last August for the MacLean Center at the University of Chicago. The first was entitled “Judges and Lawyers as Medical Decision-Makers” and the second, “Informed Consent in Treatment and Research – What’s the Difference?.” In November, she was an invited speaker at the “27th Annual MacLean Center Fellows Conference on Clinical Medical Ethics at the University of Chicago,” where she delivered a talk entitled “Adherence to Altered Standards of Care in a Public Health Crisis.”

As an appointed member of the ABA’s Special Committee on Bioethics and the Law, Professor Koch has been participating in a project to reconceptualize informed consent in medical treatment. In October, she served on a panel at the American Society for Bioethics and Humanities (ASBH) conference in Houston called “Bringing Law, Ethics and Health Care to the Table: The ABA Special Committee on Law and Bioethics Town Halls on Informed Consent.” She is also the co-chair of the Law Affinity Group for ASBH.

Professor Koch continues to advise the New York State Task Force on Life and the Law, the state’s bioethics commission. In December, she helped oversee the release of its revised Ventilator Allocation Guidelines in an Influenza Pandemic, which included a substantial exploration of the various legal issues that may arise when implementing the clinical protocols for ventilator allocation.

On October 28, Professor Koch was interviewed on Capitol Pressroom, a WCNY public radio program, on the subject of “surrogate mom” contracts, which are currently banned in New York.

In January, Professor Koch submitted comments (with Jessica Roberts) to the Notice of Proposed Rulemaking (NPRM) for revisions to the Common Rule (45 CFR 46), the regulations that govern the majority of human subjects research in the United States.


Nancy Marder presented her paper entitled “Foster v. Chatman: A Watershed Moment for Batson and Peremptory Challenges?” at the American Bar Association’s Criminal Justice Roundtable, held last October in Washington, D.C..

In February, Professor Marder will be part of a panel entitled “Cameras in the Courtroom and the Role of Social Media” as part of a symposium entitled Lights, Camera, Action: A Supreme Court in the Age of Social Media at Georgia State University. Professor Marder will contribute an article to a symposium issue of the Georgia State University Law Review based on her presentation.


Henry Perritt organized testimony by a number of local and national representatives of drone interests, and testified himself, at a hearing before the Chicago City Council. Language he provided resulted in the Council’s adoption of an ordinance that can be a model for other states and municipalities.

Professor Perritt represents a number of entities who have received or are seeking “section 333 exemptions” from the FAA, authorizing them to fly drones commercially.


César Rosado Marzán spoke on “Topics in U.S. Labor and Employment Law” at the Adolfo Ibanez University in Chile and the Catholic University in Peru last November.

While at the Catholic University of Peru, he also presented (with S. Gamonal) a paper entitled “The Principle of Non-waiver in U.S. Labor and Employment Law: A Latin American Perspective.”


Christopher Schmidt was named a Norman and Edna Freehling Scholar at Chicago-Kent. In October, he presented “On Doctrinal Confusion: The Case of the State Action Doctrine” at the Constitutional Law Colloquium at Loyola University Chicago School of Law. He also organized a conference on “How Law Works” held at the University of Chicago Law School in October. Professor Schmidt was appointed chair of the Law and Society Association’s 2016 Willard Hurst Award Committee.


Keith Ann Stiverson is 2015-2016 president of the American Association of Law Libraries (AALL). She represented AALL at a meeting of the International Association of Law Libraries in Berlin in September and at a joint conference of the Chinese and American Forum on Legal Information & Law Libraries and the AALL Western Pacific Chapter held in Honolulu in October.


Mary Rose Strubbe is presently teaching in the law school’s mini-LL.M. program with the Thailand Judicial Training Institute in Bangkok. Nine Thai judges and five court officers are enrolled in the program; the instructors hope that several of the students will come to C-K next summer to complete their LL.M. degrees. Professor Strubbe is teaching “Introduction to Research” and “Writing in the American Legal System.”


Adrian Walters was named to the International Insolvency Institute in December 2015. He will be a member of the Institute’s delegation at the February 2016 meeting in New York of Working Group VI of the United Nations Commission on International Trade Law. Working Group VI is currently finalizing a draft model secured transactions law that will serve as a template for national enactments.


Richard Wright commented on and proposed amendments to the draft Restatement of the Law, Third, Torts: Intentional Torts to Persons, at the annual meeting of the American Law Institute (ALI) in Washington, D.C. last May. He also presented an analysis of parent corporation liability for foreign subsidiaries in the common law at the meeting of the external partners of the Enterprise Responsibility Project, Centre for Enterprise Liability, Faculty of Law, University of Copenhagen, Denmark, in May 2015. He attended the annual meeting of the Common Core of European Law group in Gothenburg, Sweden last June, to participate in further work on its forthcoming comparative analysis of causation in tort law, for which he has co-authored (with I. Puppe), an essay, “Causation in the Law: Philosophical Foundations.”

Wright has been invited to present “The Law of Neighbors: Greek and Roman Roots” (working title) at the conference “A Discourse on the Legal Method: Historical and Philosophical Influences on Legal Thinking at the School of Social and Economic Sciences” in Moscow, Russia in June 2016. He also will be presenting a paper at the Obligations VIII conference on Revolutions in Private Law at the University of Cambridge, England, in July 2016.

Publications – January 2016

Lori Andrews wrote a commentary in the Chicago Tribune, “Hello Barbie, Goodbye Privacy,” in November, discussing privacy concerns raised by Mattel’s new doll.  In December, she co-authored a Chicago Tribune op-ed, “Protecting Your Privacy from Windows 10.”  Also in December, a study of medical apps by S. Blenner, N. Daneshvar, Lori Andrews, and other colleagues was accepted for publication in the Journal of the American Medical Association.


David Gerber’s article, “Global Competition Law Convergence: Potential Roles for Economics,” is being published this month in Research Handbook in Law and Economics (T. Eisenberg & G. Ramello, eds.).


Richard Gonzalez and Laurie Leader served as executive editors of the second supplement to the fifth edition of the Bloomberg/BNA treatise, Employment Discrimination Law, published in December.


Steven Harris contributed the chapter on U.S. law in Retention of Title In and Out of Insolvency, published in December by Global Law and Business in conjunction with the International Bar Association. Foundation Press published the sixth edition of Security Interests in Personal Property (co-authored with C. Mooney) in December.


Steven Heyman’s article, “A Struggle for Recognition: The Controversy Over Religious Liberty, Civil Rights, and Same-Sex Marriage” will be published in the Fall 2015 issue of the First Amendment Law Review.


Valerie Gutmann Koch published her book chapter, “The Law and Legal Perspectives on Prenatal and Preimplantation Genetic Diagnosis,” in Prenatal and Preimplantation Genetic Diagnosis: The Burden of Choice (Springer 2015).


Nancy Marder’s book chapter, “Justice Stevens and His Clerks,” was published in Of Courtiers & Kings (T. Peppers & C. Cushman, eds., 2015).

Professor Marder’s book chapter “Jurors and Juries” was published in The Handbook of Law and Society (A. Sarat & P. Ewick, eds., 2015).


Henry Perritt’s “Using the Internet to Make Drones Safe,” co-authored with second-year student A. Plawinski, was published in the Journal of Internet Law. His “One Centimeter Over My Back Yard: Where Does Federal Preemption of State Drone Regulation Start?,” also co-authored with A. Plawinski, has been published by the North Carolina Journal of Law and Technology.

Professor Perritt’s articles, “FAA warns states, cities against drone regulations” and “FAA’s new drone registration rule paves way to next steps,” were published in the Radio and Television Digital News Association newsletter.


César Rosado Marzán’s book chapter, “The Limits of Human Rights for Labour Rights: A Retrospective Look at the Case of Chile,” was published in The ILO from Geneva to the Pacific Rim: West Meets East (Palgrave, N. Lichtenstein & J.M. Jensen, eds.).


Christopher Schmidt published book reviews in the Journal of Southern History and Kansas History.


Adrian Walters wrote a chapter on directors’ disqualification regimes in the Research Handbook on International Financial Crime (Edward Elgar, pub., B. Rider, ed).


Richard Wright’s revised January 2015 presentation to the Law and Economics Section of the Association of American Law Schools was published as “The New Old Efficiency: Theories of Causation and Liability,” in 7 Journal of Tort Law 65 (2015).

Prof. Wright is co-editing (with F. G’sell and S. Ferey) selected revised papers first presented at the “Conference on Causation, Liability and Apportionment,” at the Université Panthéon-Assas (Paris II), Paris, France, September 2014, for publication in English as a symposium in 91 Chicago-Kent Law Review 2, as well as in French. Wright has also co-authored an introduction for the respective collections with Professors G’sell and Ferey and, with the cooperation of Professor I. Puppe, has revised his keynote presentation at the Paris conference for inclusion in both collections, now entitled “Causation: Linguistic, Scientific, Philosophical, Legal and Economic.”

Research in Progress – January 2016

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


Nancy Marder was invited to write a review essay of Laura Appleman’s book, Defending the Jury: Crime, Community, and the Constitution (2015). The essay, entitled “Expanding the Jury: A Provocative Proposal,” will appear in Criminal Justice Ethics in April 2016.

Professor Marder is also writing an article with the working title “The Supreme Court’s Transparency: Myth or Reality?,” at the invitation of the Georgia State University Law Review.


César Rosado Marzán is working on two books. The first is concerned with how the Latin American principles of work law can help reconstruct U.S. labor and employment law. His second book, based on more than one year of field work, focuses on how worker centers can provide for a “moral economy” that helps to narrow income inequality in Chicago and beyond.