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Faculty Activities – November 2014

In October 2014, Lori Andrews spoke to the students of Bard High School/Early College in Queens, New York on internet privacy issues. She spoke at the Illinois Institute of Technology Design School Creative Commons and BarnRaise events on open-source biology and the rise of “smart cities” in places like Chicago. Recently, Lori discussed litigation and digital identities at the ABA National Women Litigators Seminar at Northwestern University and spoke at the Chicago Association of Law Libraries meeting on the role of “Radical Librarians” in protecting individuals’ privacy rights.

Lori Andrews was interviewed by the Swiss newspaper, St. Galler Tagblatt, on the privacy concerns and legal obligations of a company that pays people for access to their online personal data. She was quoted by the RedEye on the risks of the CTA proposed geolocation tracking sensors to be installed at “L” stations. CBS News interviewed her for a story on employer-funded egg freezing benefits.


On November 18, 2014, Evelyn Brody participated in a Webinar titled “1023-EZ: As EZ as It Seems?,” co-sponsored by the Nonprofit Organizations Committee and the Community Economic Development Committee of the ABA Business Law Section.  On September 23, 2014 she presented her draft Federation as a Reputational Mechanism: The U.S. Law of Same-Name Nonprofit Organizations, written for an invitation conference at Oxford this summer, at the
“Workshop in Multidisciplinary Philanthropic Studies,” at the School of Philanthropy, Indiana University-Purdue University Indianapolis (IUPUI).  She served as discussion leader, with Catholic University law professor Roger Colinvaux, for the session on “Private Foundations and Public Charities: Does the Current Division Make Sense?” at Boston College Law School’s invitational conference on “Promoting Meaningful Reform in Philanthropy” on September 19, 2014 in Boston.  Evelyn Brody presented “Can the IRS Regulate Charities Engaged in Advocacy and Politics after the 501(c)(4) Controversy?” to the Boston Bar Association’s Sections on Taxation and on Exemption Organizations on September 18, 2014, and spoke on “Current Challenges in State and Federal Oversight of Tax-Exemption for Charities” as part of the panel “Enterprise Risk Management for Nonprofit Organizations:  Preservation of Tax-Exempt Status and Donor Support as a Charitable Organization” to the Business Law Section of the American Bar Association on September 13, 2014 in Chicago.  Finally, at Chicago-Kent, Evelyn Brody offered commentary on a presentation on “Bitcoin and the Legal Issues Surrounding It,” organized by the Chicago-Kent Federalist Society on October 14, 2014.


Christopher Buccafusco participated in a panel discussion on “Empirical Studies of Copyright Law Incentives” at the NYU Conference on Empirical Studies of Intellectual Property in October 2014.  He presented his paper, Creativity, Social Norms, and Moral Psychology, at the “Order With or Without Law” conference at the University of Tulsa in November 2014 and the “Creativity Without Law” conference at Case Western Reserve in November 2014.  He also presented “Experiments on Sequential Innovation in IP Law” at the “Law and Market Behavior” colloquium at Notre Dame in November 2014.


David Gerber gave a series of lectures in September 2014 as Distinguished Visiting Professor at three universities in Japan (the Universities of Tokyo, Kyushu and Hokkaido). The lectures focused on competition law, antitrust law, and global markets, and on methods for addressing the differences among competition law systems. The lectures were sponsored by the Suenobu Foundation of Tokyo.


Douglas Godfrey gave a talk on October 31, 2014, about the United States Supreme Court’s recent decision in the Riley case on the search of a smart phone incident to an arrest, to approximately 50 high school teachers at a training session held by the Constitutional Rights Foundation Chicago (“CRFC”).  On November 3, 2014, he conducted a training session for approximately 40 ARDC attorneys and investigators about how to use social media as an investigative tool.  On November 14, 2014, he spoke at another conference of about 40 high school teachers and an equal number of high school students put on by the CRFC about the Elonis case pending before the United States Supreme Court.  On December 6, 2014, he will speak at a Legal Writing conference hosted by the University of Miami about how to teach students effective presentation skills and how to use technology to critique those skills.


Sanford Greenberg joined U.S. Seventh Circuit Judge Ilana Diamond Rovner and Illinois Circuit Judge Mary Mikva on the panel that judged the final round of this year’s Rovner Appellate Advocacy Competition.  In December 2014, Sanford Greenberg will be teaching Introduction to American Legal Studies at Zhejiang University Guanghua School of Law in Hangzhou, China.


Steven Harris spoke at a symposium on “Private Actors, Global Impact: The Private Production of Norms in Transnational Regulation,” hosted by the University of Pennsylvania Journal of International Law.  In September 2014, he served as a US delegate at a meeting of the Preparatory Commission for the Establishment of the International Registry for Space Assets pursuant to the Space Protocol of the Cape Town Convention on International Interests in Mobile Equipment. He also participated in the Cape Town Convention Academic Conference, an annual conference that brings together leading scholars, practitioners, government officials, and industry experts to discuss the Convention.  Finally, in his capacity as American Law Institute Advisor, Professor Harris attended the fall meeting of the Drafting Committee on the Revised Uniform Residential Landlord and Tenant Act.


Edward Lee launched a new nonprofit and website, The Free Internet Project, on October 11, 2014.  He gave public talks about his new nonprofit at the Rotary Club in Chicago on October 16 and at a tech incubator in San Francisco on October 23.  Edward Lee also launched a new series for ISCOTUSnow predicting the winners of this Term’s Supreme Court cases based on the number of questions asked during oral argument.  He was an invited commentator at the 7th Annual Michigan State College of Law Junior Scholar workshop on October 17-18.  He oversaw the design and production of a video project asking people, “What does Internet freedom mean to you?”  Finally, Professor Lee was invited to speak at the “Fair Use Workshop” hosted by Berkeley Law School in Berkeley, CA on December 8, 2014.


Martin Malin spoke on “The Future of Public Sector Collective Bargaining” at the Annual Meeting of the GAO Auditors and Analysts Association, IFPTE Local 1921 on November 13, 2014. The meeting was in Washington, DC, but he participated via a video hook-up from the GAO’s Chicago Office.  Professor Malin coordinated and chaired a program for law students at law schools in the Seventh Circuit put on by the College of Labor and Employment Lawyers on October 31 and November 1, 2014. The program featured panels on hot issues in labor and employment law and on careers in labor and employment law. Mary Rose Strubbe moderated the latter panel.

The Nominiating Committee of the Board of Governors of the National Academy of Arbitrators have nominated Martin Malin for Vice President of the NAA. (The NAA has four vice presidents.) He expects to be elected at the NAA’s Annual Meeting in San Francisco in May. There has never been a contested election in the NAA. The slate of nominated candidates is presented to the membership which votes by acclamation to elect the slate.


In October, Nancy Marder, along with Valerie Hans (Cornell Law School), organized a jury conference at Chicago-Kent College of Law. The conference, entitled “Juries and Lay Participation: American Perspectives and Global Trends,” was organized under the auspices of the Justice John Paul Stevens Jury Center and the Chicago-Kent Law Review. The one-day conference included four panels, which drew on the expertise and presentations of 19 panelists. Panels addressed such topics as “Contemporary Challenges to Jury Impartiality,” “The Jury as a Political Institution,” and “Practices and Innovations: A Cross-Country Exchange.” The final panel of the day, consisting of lawyers, judges, a jury consultant, and a former juror, enabled practitioners to give their perspectives on the role of the jury and to suggest topics that would benefit from further research by jury scholars in the room. Judge James F. Holderman, a United States District Court Judge in the Northern District of Illinois, provided the perfect bridge between practitioners and academics in his Keynote Address entitled “Maximizing Jurors’ Understanding,” in which he described some of the jury innovations that academics had written about and that he had implemented in his courtroom with great success.  At the “Juries and Lay Participation” Conference, Nancy Marder also presented a paper entitled “Juror Bias, Voir Dire, and the Judge-Jury Relationship,” as part of the panel on “Contemporary Challenges to Jury Impartiality.”

Later in October 2014, Nancy Marder presented a paper on jurors and social media as part of a panel on “Social Media, Information Technology and the Justice System” at the Midwest Law and Society Retreat held at the University of Wisconsin-Madison. She also chaired a panel on “Constructing Courts.”

In November 2014, Nancy Marder was invited to deliver the Keynote Address at the 11th Annual Australasian Jury Research and Practice Conference: Current Issues in Jury Reform, Research, and Policy, held at Melbourne Law School in Melbourne, Australia. Every year, the conference brings together lawyers, judges, and academics for a full day of panels and presentations. Nancy Marder’s speech, entitled “Jurors and Social Media: Is a Fair Trial Still Possible?” developed “a process view of a juror’s education” so that at every stage of judge-jury interaction the court would make clear the need for jurors to refrain from communicating online about the trial. This process of educating jurors has applicability to jurors in the United States as well as to those in Australia. Later in the conference, she participated in a panel discussion in which the panelists considered the following question: “What Does the Future Hold for Juries?” As part of Nancy Marder’s visit to Melbourne, she also visited the courts, met with several judges and justices, and observed a jury selection.


Henry Perritt has filed a petition for exemption with the FAA on behalf of a California entrepreneur who wants to fly microdrones towing advertising banners.


This fall, César Rosado Marzán presented his new article (with Alex Tillett-Saks, CK’15) titled, Work Play Organize! Why the Northwestern University Football Players are Employees Under the National Labor Relations Act at the 2014 Elon Law Review Symposium on Media, Regulatory, and Labor Issues in College Sports, and at the 2014 Labor and Employment Law Colloquium, at the University of Colorado, Boulder Law School.  In October 2014, César Rosado Marzán also gave talks on contemporary topics in U.S. labor law at the Catholic University of Perú and the Adolfo Ibañez Law School of Chile.


In September 2014, Christopher Schmidt presented his paper Litigating Against the Civil Rights Movement at a conference on “Litigating for Social Change,” hosted by the Byron R. White Center for the Study of American Constitutional Law at the University of Colorado. In November 2014, he presented the same paper at the American Society for Legal History Annual Meeting. Professor Schmidt also recently served on the Scholarly Paper Prize Committee for the Association of American Law Schools; and the Cromwell Dissertation Prize Advisory Committee for the American Society for Legal History.


David Schwartz was a speaker and panelist at the “Unpacking the Statistical Realities of Patent Litigation,” Eastern District of Texas 2014 Bench Bar Conference in Plano, Texas, in October 2014.  He was also a panelist for a discussion about Octane Fitness v. Icon Health & Fitness, for the IIT Chicago-Kent Supreme Court Intellectual Property Review in September 2014.  David Schwartz spoke on “Ethics in the Patent Office,” for the Advanced Patent Prosecution Workshop 2014, Practicing Law Institute, in Chicago in September 2014.


Ronald Staudt presented “Rethinking Legal Aid,” at the Legal Services Corporation 40th Anniversary Conference in Washington, D.C. on September 16, 2014.  He presented “Into the Tornado, Reaching for 100%,” at the College of Law Practice Management Futures Conference at Suffolk Law School in Boston on October 17, 2015.  He presented “A2J Author, A Chicago Innovation,” at the Chicago Innovation Meetup at Seyfarth Shaw  in Chicago on November 19, 2014.  He will present “A2J Author 5.0, Law Schools, Mobile, and Document Assembly,” at the Legal Services Corporation TIG Conference in San Antonio, Texas on January 16, 2015.  He will present “Leveraging Smart Phones & Law Students to Grow Legal Aid,” to the National Association of Law Placement 2015 Annual Education Conference in Chicago on April 23, 2015.

Representing the Center for Access to Justice and Technology, Ronald Staudt met on November 18, 2014 in Chicago with representatives from IBM Watson, Legal OnRamp and a dozen law and technology experts from other law schools to launch the WORX Legal Research Network.

The organizational meeting for the CALI A2J Course Project will be held at the AALS Annual Meeting on January 3, 2015 in Washington D.C. chaired by John Mayer and Ronald Staudt. The first working meeting of the seven law school faculty members chosen for this project will be at Chicago-Kent on June 11 and 12, 2015.


In October 2014, Joan Steinman served as a moderator for the conference organized by Nancy Marder, “Juries and Lay Participation: American Perspectives and Global Trends.” She also is among those whom the American Law Institute has announced will become Life Members of the ALI in May, 2015.  Joan Steinman has been an ALI member for 25 years.

The multiple-choice questions, answers, and explanations on matters of federal civil procedure that Joan Steinman authored last summer are now being used to prepare students for the bar exams in February 2015 and thereafter which, for the first time in February 2015 , will include multiple-choice questions on civil procedure in the multi-state portion of the bar exam.


Kent Streseman presented “Using the Science of Skill Acquisition and Principles of Deep Practice to Help Advocates Prepare for Oral Argument” at the Legal Writing Institute’s inaugural conference for moot court advisers in late October 2014. During a four-week span in October and November, his moot court teams won three championships, two best brief awards, two best advocate awards, and four semifinal placements in six competitions.


Mary Rose Strubbe was inducted into the College of Labor & Employment Lawyers at its annual induction ceremony in Los Angeles.


Ryan Vogel was an expert contributor on CLTV’s Politics Tonight’s segment on U.S. strikes against ISIS in Iraq and Syria. He also was a panelist on Loyola University School of Law’s national security law career panel.


Richard Wright was the leadoff keynote speaker at a Conference on “Causation, Liability and Apportionment, an Interdisciplinary Perspective: Law, Economics and Philosophy,” that took place September 12-13, 2014, before an audience of judges, lawyers, and academics in the Grand Chambre of the Cour de Cassation (the French Supreme Court) and at the Université Panthéon-Assas (Paris II). He spoke on “Scientific Causation and Legal Causation.” Professor Wright is among those whom the American Law Institute has announced will become Life Members of the ALI in May, 2015.

Publications – February 2014

Lori Andrews wrote a law review article, The “Progress Clause”: An Empirical Analysis Based on the Constitutional Foundation of Patent Law, which analyzes studies of the impact of gene patents on research and innovation, for a symposium issue of the North Carolina Journal of Law and Technology. Professor Andrews wrote a chapter entitled, An Informed Consent Model for Privacy and Data Collection in the Gameful World, for the book, The Gameful World, which will be published in 2014 by the MIT Press. In the chapter, she identifies problems with the data collection present in online games and internet activities and describes what an informed consent model of online privacy should look like. 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. An interview with Professor Andrews will appear in the book, Bright Lights of the Second City: 50 Prominent Chicagoans on Living with Passion and Purpose.


Steven Harris’s article, UCC Article 9, Filing-Based Priority, and Fundamental Property Principles: A Response to Professor Plank, was published in the November 2013 issue of The Business Lawyer. The article, which was written with Charles Mooney, examines the extent to which the priority rules of UCC Article 9 enable a person to convey greater rights than the person has.


Valerie Gutmann Koch, as Special Advisor to the New York State Task Force on Life and the Law, the state’s bioethics commission, oversaw the final publication in January 2014 of the Task Force’s Report and Recommendations for Research with Human Subjects Who Lack Consent Capacity. An article addressing this report, entitled Of Vital Importance: The New York State Task Force on Life and the Law’s Report and Recommendations for Research with Human Subjects Who Lack Consent Capacity, which she authored with Susie A. Han, will be published in the upcoming issue of the New York State Bar Association’s Health Law Journal. Also in conjunction with the publication of the Task Force’s report, Professor Koch’s work was featured on the Hastings Center Blog, Bioethics Forum, and Public Responsibility in Medicine and Research (PRIM&R)’s blog, Ampersand.


The second edition of Martin Malin’s labor law casebook has just been published, Labor Law in the Contemporary Workplace: Cases and Materials (2d ed. West 2014) (coauthored with Kenneth Dau-Schmidt, Roberto Corrada, Christopher Cameron, and Catherine Fisk). Professor Malin published Constructing a Comprehensive Curriculum in Labor and Employment Law in 58 St. Louis L.J. 111 (2013).


Henry Perritt’s law review article, Sharing Public Safety Helicopters, co-authored with Eliot Sprague and Chris Cue, has been accepted for publication by SMU’s Journal of Air Law and Commerce. A shortened version has been published as a “resource” on the website of the Airborne Law Enforcement Association, and a derivative magazine article is under consideration for Air Beat magazine. The article explores legal mechanisms for making helicopters available for public safety mission support to smaller communities that cannot afford their own helicopters.

Professor Perritt is nearing completion of a new law review article on drones and their impact on law enforcement and news-gathering helicopters. The article, co-authored with Eliot Sprague, has spawned interest from two helicopter-industry magazines, which are considering two magazine articles excerpted from the larger article: Drones and Their Impact on Helicopters and Drone Dread.

Professor Perritt was interviewed by DNAinfo reporter Casey Cora about the impact of a second-heliport proposal before the Chicago City Council.


Christopher Schmidt’s article Divided by Law: The Sit-Ins and the Role of the Courts in the Civil Rights Movement (forthcoming Law and History Review) won the 2014 Association of American Law Schools’ Scholarly Papers Competition. He presented the article at the AALS annual meeting in January.  His review essay The Challenge of Supreme Court Biography: The Case of Chief Justice Rehnquist, has been accepted for publication in Constitutional Commentary. The UCLA Law Review recently published Why Broccoli? Limiting Principles and Popular Constitutionalism in the Health Care Decision, an article Professor Schmidt wrote with Professor Mark Rosen. Professor Schmidt has also recently published online book reviews for H-Net and Jotwell.


David Schwartz’s article, written with Jay P. Kesan, Analyzing the Role of Non-Practicing Entities in the Patent System was published in 99 Cornell L. Rev. 425.


Joan Steinman has revised and re-submitted to law journals an article now entitled, The Puzzling Appeal of Summary Judgment Denials: When are Such Denials Reviewable? She just finished correcting the page proofs for the 2014 Pocket Parts to Volumes 14B & C of the Wright & Miller Federal Practice and Procedure treatise, covering all aspects of removal and remand.


Dan Tarlock’s book was recently published: Water Resource Management (7th ed. 2014), written with James Corbridge, Reed Benson, and Sarah Bates.  Professor Tarlock published two articles Mexico and the United States Assume a Legal Duty to Provide Colorado River Delta Restoration Flows: An Important International Environmental and Water Law Precedent, in the Review European Comparative and International Environmental Law (2014), and New Challenges for Urban Areas Facing Flood Risks, 40 Fordham Urban L. J.1739 (2013), which he wrote with Debbie M. Chizewer.


Research in Progress – February 2014

Lori Andrews is writing a law review article on the increasing pervasiveness of gamification in employment and its implications for labor law. She is also writing a policy paper about the legal issues created by webcams.


Oxford University Press offered William Birdthistle a contract to publish a book tentatively entitled, The Money Management Empire.


Martin Malin continues, along with Professor Sara Slinn of Osdgoode Hall Law School, York University, and Professor Jon Werner of the University of Wisconsin, to work on their project, An Empirical Comparison on the Handling of Statutory Human Rights Claims in Labour Arbitration in Ontario and before the Human Rights Tribunal of Ontario. Students from Chicago-Kent and Osgoode Hall are completing the coding of the cases and the professors are beginning the quantitative analysis. Professor Malin and his co-authors are scheduled to present preliminary results at the National Academy of Arbitrators Annual Meeting in May 2014 and at a meeting of The Labor Law Group at Cornell University in late June 2014.


In December 2013, Nancy Marder completed the book chapter entitled Jurors and Juries that she was invited to write for a book called Wiley Handbook of Law and Society. The chapter traces the main theoretical developments and controversies concerning the jury over the past few decades and identifies paths for jury scholarship in the future.


In February 2014, Professor Marder continued working on her article Jurors and Social Media: Is a Fair Trial Still Possible?  The article will be published in volume 67 of SMU Law Review and will be highlighted in the March 2014 issue of Chicago-Kent’s Faculty Perspectives.


In January 2014, Professor Marder wrote an essay on jury instructions that she was invited to contribute as part of a volume called Speaking of Language and Law: Conversations on the Work of Peter Tiersma. The volume, a compilation of essays in honor of law professor and linguist Peter Tiersma, will be published by Oxford University Press in 2014.