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Faculty Activities – November 2013

This fall, Lori Andrews gave speeches on reproductive technologies, social networks, gene patents and mystery writing.  She spoke on “Ethical Concerns in Reproductive Technologies” at the Southwest Fertility Forum in Austin, TX.  She presented “Social Networks: The New Research Frontier” at the Social Network and Innovation Conference at the Illinois Institute of Technology.  She spoke about the Myriad case at a Supreme Court conference at UCLA.  She also spoke to IIT alumni at the Fueling Innovation Campaign in New York and to the Assistance League of Chicagoland West.

In February 2014, she will speak to IIT alums in Seattle and at a Journal of Law and Technology Symposium at the University of North Carolina Law School.  In April 2014, she will present at the American Society for Biochemistry and Molecular Biology Annual Meeting in San Diego, CA.  Finally, Professor Andrews was interviewed by Rolling Stone, Family Circle, C-SPAN, HBO VICE, and a documentary film crew undertaking a documentary about gene patents.


In September, David Gerber attended the first annual Hunan Conference on Competition Law in Changsha, Hunan, China.    His presentation at the conference was entitled “Market Definition and Economics in Competition Law: A Global Dilemma.”


Richard Gonzalez was inducted into the College of Labor & Employment Lawyers at its annual ceremony November 9 in New Orleans.


Vinay Harpalani presented his work on race-consciousness and the compelling interest in diversity at the Biennial Latina and Latino Critical Legal Theory, Inc. (LatCrit) Conference (October 2013) and the Loyola (Chicago) Annual Constitutional Law Colloquium (November 2013). He is also an invited panelist on Fisher v. Texas at the University of Pennsylvania Journal of Constitutional Law symposium, “Educational Inequality and the 14th Amendment in the 21st Century” ( January 2014); and the panel “Affirmative Action in Education: How It Began and Where We Are Today” at NYU Review of Law and Social Change symposium (April 2014).


Steven Harris, as the Adviser from the American Law Institute, attended a meeting of the drafting committee for the Revised Uniform Residential Landlord and Tenant Act.


In October, Steven Heyman spoke at speech@IIT, a forum on free speech and hate speech that was held on the IIT main campus.  He also moderated the annual Chicago-Kent/IIT Constitution Day event, a panel on the Supreme Court’s recent same-sex marriage decisions that also featured Chicago-Kent professors Katharine Baker and Carolyn Shapiro and Professor Ilya Somin of George Mason University School of Law.  This month, Professor Heyman served as a judge for the semifinal rounds of the Ilana Diamond Rovner Moot Court Competition and presented a Chicago-Kent faculty workshop on his current project, an article entitled The Conservative-Libertarian Turn in First Amendment Jurisprudence, which explores the Supreme Court’s decision in Citizens United v. FEC as well as other controversial First Amendment cases on pornography, hate speech, and freedom of association.


Valerie Gutmann Koch was elected co-chair of the Law Affinity Group for the American Society for Bioethics and Humanities, and she was reappointed to the American Bar Association’s Special Committee on Bioethics and the Law.  In October, she presented at the annual meeting of the American Society for Bioethics and Humanities, on a panel entitled “The Role of the New York State Task Force on Life and the Law in Shaping Public Policy: Lessons Learned and Recommendations for Action Beyond New York State.”  In November, she was an invited speaker at the Public Responsibility in Medicine and Research (PRIM&R) Advancing Ethical Research Conference. Her presentation was titled “‘State’ It Like It Is: The Impact of State Laws on Informed Consent and Other Aspects of Research.”


In October, Harold Krent lectured on “Privacy in the Era of the Internet” at Hunan University, Yunnan University, and Guangdong University of Foreign Studies.


Martin Malin spoke on “Why We Need a Code of Ethics for Employment Arbitrators” at the National Academy of Arbitrators Fall Education Conference in St. Louis, on October 19.  He presented a paper on “Education Reform and Labor Management Cooperation” at a symposium on education and the law at the University of Toledo Law School on October 25. On November 8, Professor Malin was the plenary speaker (to an audience of about 1200 labor and employment lawyers) at the ABA Section on Labor and Employment Law’s annual meeting in New Orleans, speaking on “The Labor and Employment Decisions of the Supreme Court’s 2012-13 Term.”


On November 21, 2013, Nancy Marder was inducted into the National Center for State Courts’ (NCSC) Warren E. Burger Society. The Society, named for the late U.S. Supreme Court Chief Justice, was formed by the NCSC in 1996 to honor individuals who have demonstrated exemplary commitment to the improvement of the administration of justice. The award, which includes a numbered print of the portrait of Chief Justice Warren E. Burger, the original of which is on display at the NCSC in Williamsburg, Virginia, was presented to Professor Marder at a luncheon at the Willard Hotel in Washington, D.C.

In October, Professor Marder presented her paper Jurors and Social Media: Is a Fair Trial Still Possible? at a conference on criminal justice organized by the Criminal Justice Section of the American Bar Association. Professor Marder also participated in a segment on juries, social media, and cameras in the courtroom on KJZZ-Phoenix, an affiliate of NPR. October also marked the 10th year of Professor Marder’s service as Professor/Reporter for the Illinois Supreme Court Committee on Jury Instructions in Civil Cases.

In September, Professor Marder gave a lecture entitled “Juries, Judges and Trials in the American Legal System” to 23 judges from Thailand who spent several days at Chicago-Kent.  During the fall, Professor Marder also served as a peer reviewer for the journal Crime, Law & Social Change and continues to serve on the Editorial Board of the International Journal for the Semiotics of Law.


Sheldon Nahmod spoke about the Supreme Court and its recent controversial decisions to Metro Hillel in Chicago on October 30.  On November 7, Professor Nahmod spoke about section 1983 and moderated at the ABA Labor and Employment Law Conference in New Orleans.  Finally, along with U.S. Court of Appeals for the 7th Circuit Judge Ilana Rovner and Illinois Appellate Court Justice Robert Gordon, Professor Nahmod judged the Rovner Competition finals at Chicago-Kent on November 11. The case involved the Second Amendment, concealed carry and a “shall issue” statute.


Henry Perritt was interviewed on WLS Channel 7 on Facebook’s obligations to disclose the identity of the authors of anonymous postings, which led the 6-o’clock evening news in early October.  Professor Perritt also participated in a panel discussion sponsored by a number of student organizations on the NSA’s surveillance programs.  Finally, Professor Perritt participated in a student-sponsored panel discussion on the proposal to extend the appellate jurisdiction of regional U.S. Courts of Appeals to hear patent cases.


César F. Rosado Marzán presented his new article, titled Soft Means, Hard Challenges: Fundamental Discrepancies and the Promise of Non-Binding Arbitration for International Framework Agreements, at the 2013 University of Minnesota Law Review symposium. The symposium, titled, “The Future of Organized Labor: Labor Law in the 21st Century,” brought together leading scholars and practitioners in the area of labor law. Professor Rosado Marzan’s article, based on interviews and legal research that he did last year in Europe, detailed how signers of international framework agreements may resolve what seem to be intractable differences that are hurting the implementation of these novel agreements. The article is forthcoming in volume 98 of the Minnesota Law Review. An early draft of the article can be found here.

Professor Rosado Marzán also presented his new article with Sergio Gamonal C., entitled Protecting Workers as a Matter of Principle: A South American View of U.S. Work Law, which is forthcoming in the Washington University Global Studies Law Review, and has been presented at various conferences and workshops, including at the University of Minnesota’s Law School Faculty Workshop; the University of Nevada Las Vegas; the 2013 LatCrit meetings that took place in Chicago; and at the Chicago-Kent “Research Slam.”

Professor Rosado Marzán (and Chilean professor Sergio Gamonal C.) received an invitation from the Norma Research Project of Lund University, Sweden, to present a paper on age discrimination law in Latin America. The paper will be part of a general conference on the state of global age discrimination law that will take place April 24 and 25 in Lund, Sweden.


In recent months, Christopher Schmidt presented “The Sit-Ins: Protest, Law, and Social Change” at Marquette University Law School and chaired a session at the annual meeting of the American Society for Legal History.  He also had a book review published in the latest issue of Law and Society Review and was appointed to the Law and Society Association’s Willard Hurst Award Committee.


David Schwartz presented “Studying Uncertainty in Intellectual Property Valuation” at the Empirical IP Roundtable, Chicago-Kent College of Law/U.S. Patent Office, Oct. 2013; and “Patent Assertion Entities under the Microscope: An Empirical Study of Patent Holders as Litigants” at the 2nd Annual Empirical Patent Conference, University of Illinois College of Law, Sept. 2013.  Professor Schwartz, with Christopher Buccafusco, received the 2013 Leonardo da Vinci Research Grant, a peer-reviewed grant awarded by the Center for the Protection of Intellectual Property at George Mason University School of Law.


Ronald Staudt gave the following presentations: “Technology and Self-Help,” Until Civil Gideon, Expanding Access to Justice, Fordham University School of Law, New York, New York, November 1, 2013; “Justice, Lawyering and Legal Education in the Digital Age,” College of Law Practice Management Futures Conference, Chicago, Illinois, October 5, 2013; and “Symposium on Justice, Lawyering and Legal Education in the Digital Age,” moderator, presenter and author in a Chicago-Kent Symposium presented at the 2013 CALI Conference on Law School Computing, Chicago, Illinois, June 15, 2013.

In addition, Professor Staudt will give the following future presentations: “Technology in Legal Education,” AALS Annual Meeting, January 5, 2014; “A2J Author 5.0: New Horizons in Legal Aid and Education,” TIG Conference of the Legal Services Corporation, January 15, 2013, Jacksonville, Florida; and “The Future of Legal Education, Law School Training for New Platforms for the Delivery of Legal Services,” South Carolina University Law Review Symposium, February 28, 2014.  Finally, Professor Staudt was appointed by Jim Silkenat, President of the ABA, to serve on the ABA Legal Access Job Corps Task Force for 2013-2014.


Joan Steinman was interviewed by Consumer Reports for an article concerning a case in the U.S. Court of Appeals for the Fourth Circuit concerning the circumstances under which a corporation may sue or be sued under a pseudonym and the records of the case may be sealed from public view in order to hide the identity of the corporate party. She has been invited by the American Academy of Appellate Lawyers to speak at its spring, 2014, meeting on “Over-Burdened Courts vs. The Shrinking Appellate Marketplace.”


Keith Ann Stiverson spoke at the re-dedication of the Cook County Law Library on September 26. She will be a speaker at the AALS Annual Meeting on January 3, 2014, at a program sponsored by the AALS Committee on Libraries and Technology entitled “Doing More with Less — New Ways to Think About the Management of Declining Resources.” Keith Ann was nominated by the American Association of Law Libraries to run for the office of Vice-President/President-Elect; the election results are expected to be announced on December 3, 2013.


In September 2013 Adrian Walters moderated a panel discussion on problem sections in the Bankruptcy Code as part of the American College of Bankruptcy’s 7th Circuit Regional Education Program held at Chicago-Kent for the second year running.  In November 2013 Professor Walters participated in a panel presentation on the constitutional authority of bankruptcy judges at a Chicago Bar Association Commercial Bankruptcy Seminar. His co-discussants were the Honorable Judge Timothy A. Barnes of the U.S. Bankruptcy Court for the Northern District of Illinois and Rick Mason of McGuire Woods, a member of Chicago-Kent’s adjunct faculty.


Richard Warner presented “Is It All Over? The Rise of the Surveillance State,” at the Consumer Action National Conference, Chicago, November 21, 2013.  He also submitted “A Modest Proposal to the NSA,” submitted to Financial Cryptography 14 and co-authored with Chris Kanich, Alessando Panebianco, Robert Sloan, and Lenore Zuck.


On September 20, 2013, Richard Wright participated in a meeting in Philadelphia of the American Law Institute’s Members Consultative Group for the Restatement Third, Torts: Intentional Torts to Persons and provided substantial comments on Preliminary Draft No. 1.

Over the last year and especially during the Fall 2013 semester, Professor Wright has spent considerable time providing advice and comments on briefs for the respondents and their amici in two cases currently pending before the US Supreme Court: Burrage v United States, and Paroline v United States. Both cases are real life examples of causation issues supposedly of only theoretical interest to academics and students taking their exams: contributing conditions which were neither necessary nor independently sufficient to cause the relevant injury (death due to a mixture of drugs including heroin supplied by the defendant in Burrage, and psychological trauma and consequent economic harms suffered by a victim of child pornography as a result of her being aware of the distribution, possession and viewing of the images of her abuse by tens or hundreds of thousands of individuals around the world in Paroline).

On November 15, 2013, Professor Wright presented one of the lead papers at a workshop at the University of Illinois at Urbana-Champaign attended by philosophers, legal academics, psychologists, and computer scientists that was devoted to discussing the causation issues in these cases as well as other difficult causation issues.

Research in Progress – November 2013

Lori Andrews is writing a law review article on the increasing pervasiveness of gamification in employment and its implications for labor law.  She recently completed the draft of a law review article analyzing studies of the impact of gene patents on research and innovation.


Nancy Marder continued to work on her article Jurors and Social Media: Is a Fair Trial Still Possible?, which will be published by Southern Methodist University Law Review as part of its “Criminal Justice Colloquium,” where Professor Marder was invited to speak.  Professor Marder also began work on a book chapter entitled Jurors and Juries that she was invited to write for a book called Wiley Handbook of Law and Society. The chapter will trace the main theoretical developments and controversies concerning the jury as well as link developments in the American jury with jury developments worldwide.


Henry Perritt has begun a law review article on new organizational structures for sharing helicopter assets for public safety operations. The article examines the potential for extending the model represented by “Air-One,” a volunteer non-profit based in Waukegan that operates seven military surplus helicopters.


César Rosado Marzán has various works in progress, including Regulation of Compensation: Proceedings of the 66th N.Y.U. Annual Conference on Labor (C. Rosado Marzán ed., forthcoming, LexisNexis 2014); Bajo vientre del jaguar: Fiscalización y falta de auto-tutela en el derecho del trabajo chileno [The Jaguar’s Underbelly: Labor inspection and the lack of self-protection in Chilean work law], 4 Revista de Derecho Laboral y Seguridad Social ___; and  Settling Claims Under Socialism and Neoliberalism: An “Ethnographic Revisit” of Heleen Ietswaart’s “The Handling of Dismissal Grievances in Chile.


Joan Steinman will publish online a compilation of case descriptions concerning removal and remand that do not fit within the limits imposed by West on the 2014 pocket parts to volumes of the Wright & Miller Federal Practice and Procedure treatise. She is working on articles concerning the constitutionality of statutes that confer subject-matter jurisdiction beyond that apparently permissible under Article III, and waiver-by-conduct of removal and remand rights.

Publications – November 2013

Lori Andrews contributed an article, War Crimes: An Allied Tribunal brings Nazi Leaders to Account at Nuremberg, Germany, to the November ABA Journal’s feature on ten trials that changed the world.  An interview with her will appear in the book, Bright Lights of the Second City: 50 Prominent Chicagoans on Living with Passion and Purpose.  The MIT Press will be publishing the book, The Gameful World, in which she has written a chapter entitled Privacy and Data Collection.  The chapter discusses the legal issues concerning gamification as well as the psychological, financial and societal impacts that gamified applications have on its users.  Her keynote address at the “Law, Science and Technology: Biotechnology, Health Inequality, and Distributive Justice” Conference at the Academia Sinica in December 2012 in Taipei, Taiwan, will be published in Biennial Review of Law, Science and Technology: Biotechnology, Health Inequality, and Distributive Justice by the Institutum Jurisprudentiae in Taipei in 2014.


Kimberly Bailey‘s article, It’s Complicated: Privacy and Domestic Violence, will be reprinted in Thomson Reuters’s 2013 edition of Women and the Law.  Her article, Watching Me: The War on Crime, Privacy, and the State, has been accepted for publication by the UC Davis Law Review.


Steven Harris‘ article, When Is a Dog’s Tail Not a Leg: A Property-based Methodology for Distinguishing Sales of Receivables from Security Interests That Secure an Obligation, which he wrote with Charles Mooney, has been accepted for publication in volume 82 of the Cincinnati Law Review.


Valerie Gutmann Koch published her chapter, entitled Contemporary Ethical Issues in Stem Cell Research, in the second addition of Stem Cells Handbook.


Harold Krent‘s article, Retroactivity and Crack Sentencing Reform, was published in 47 U. Mich J. L. Reform. 53.


Martin Malin‘s article, Collective Representation and Employee Voice in the U.S. Public Sector Workplace: Looking North for Solutions?, has been published at 50 Osgoode Hall L.J. 903 (2013).


Sheldon Nahmod‘s 2013 Update to his section 1983 treatise, Civil Rights and Civil Liberties Litigation: The Law of Section 1983, 4th ed., was published in September


David Schwartz‘s article, The Complex and Debated Role of NPEs in the Patent System, will be published in Intellectual Asset Magazine (forthcoming 2014) (with Jay Kesan).  He also blogged PAEs Under the Microscope: An Empirical Investigation of Patent Holders as Litigants, Patently-O Blog, Nov. 12, 2013.


Ronald Staudt recently published Justice, Lawyering and Legal Education in the Digital Age, Introduction, 88 Chi.-Kent L. Rev. 687 (2013) (with M. Lauritsen); and Access to Justice and Technology Clinics: A 4% Solution, 88 Chi.-Kent L. Rev. 695 (2013) (with A. Madeiros).


Joan Steinman has submitted to West Publishing Co. the 2014 pocket parts to Volumes 14B & C of the Wright & Miller Federal Practice and Procedure treatise – covering all aspects of removal and remand; these will be published in April, 2014. Professor Steinman worked on and signed on to an amicus brief filed with the U.S. Supreme Court, by a dozen law professors, in Madigan v. Levin, a case that raises questions concerning pendent appellate jurisdiction as well as a merits question. This brief caused the Court to dismiss the writ of certiorari as improvidently granted.


Richard Warner has published Big Data and the “New” Privacy Tradeoff, with “Big Data and Privacy: Making Ends Meet,” Workshop Proceedings, Future of Privacy Forum (2014) (with Robert Sloan).


In October 2013, Medical Malpractice and Compensation for Medical Injuries, edited by Richard Wright and Ken Oliphant, Director of the Institute for European Tort Law in the Austrian Academy of Sciences, was published by De Gruyter, Berlin/Boston.  The papers in this collection are drawn from a symposium held in Vienna in December 2010 that was organized by the Institute for European Tort Law and the Chicago-Kent Law Review, in collaboration with the European Centre of Tort and Insurance Law.  The conference drew together legal experts from 14 national or regional systems across six continents (Austria, Brazil, Canada, China, France, Germany, Italy, Japan, New Zealand, Poland, Scandinavia, South Africa, the United Kingdom and the United States). The collection examines the issues in a uniquely global context, demonstrating the breadth of approaches currently taken around the world and revealing key areas of tension and the likely direction of future developments. Wherever possible, the analysis is supported by reference to empirical data.  The country specific papers were initially published in the Chicago-Kent Law Review (volume 86, issue 3 and volume 87, issue 1).  Some of them were updated for this publication, which also contains a short introduction by the editors and a concluding chapter of comparative observations by Ken Oliphant.