Faculty Activities – November 2016

In February, Lori Andrews gave a speech, “SM(ART) Policy,” at the University of California, Irvine, Newkirk Center for Science and Society’s Gene Editing, Artificial Life and Ethics: An Interdisciplinary Symposium. Later in the same month she spoke on how to negotiate privacy in the digital world at Sit Investment Associates’ 34th Annual Client Workshop in Scottsdale, AZ.  She spoke about digital privacy and security at the Contemporary Club in Chicago in April. In July, Andrews spoke about internet privacy at the American Association of Law Libraries annual meeting.

Andrews was interviewed by CBS about Bluetooth tracking of devices by billboard companies and by Bloomberg BNA regarding companies that buy people’s data. Newsweek interviewed Andrews at the end of July for a feature on a civil rights complaint against Myriad Genetics for withholding patient data.

Alexander A. Boni-Saenz sat down recently with author and journalist Dan Savage to discuss his new article, “Sexual Advance Directives,” which will be published in the Alabama Law Review this year.

Elizabeth De Armond and Maureen Van Neste gave a presentation in July at the Legal Writing Institute’s Biennial Conference in Portland, OR. The title of their presentation was “Finding and Filling Gaps for a Comprehensive Progressive Skills Program: Creating Life-Long Experiential Learners by Coordinating 1L Legal Research and Writing with Upper-Level Experiential Learning Courses.” They discussed our new Praxis certificate program, and showed how close collaboration between first-year and upper-level faculty can lead to a progressive, comprehensive skills curriculum that can promote students’ development in specific core practice competencies.

David Erickson received a Lifetime Achievement Award for Excellence in Teaching Advocacy from Stetson University School of Law for furthering the interest of teaching trial advocacy “and fundamentally changing the way the world approaches advocacy.”

Last winter the law school hosted the National Trial Competition’s Regional Midwest Competition, which brought 11 law schools here to compete in the tournament. This was the 10th time that Chicago-Kent hosted the regionals.

Last spring Prof. Erickson was a panel moderator and presenter for 70 law schools participating in the Educating Advocates Conference at Stetson University School of Law, Topics covered included litigation technology and how to structure trial advocacy programs.

The ABA Section on Labor and Employment Law asked our Trial Advocacy program to create and host a national institute for trial advocacy to train labor and employment attorneys from all over the country, which will be held at Chicago-Kent.  A trial team from Chicago-Kent will also be taking a team to the National Judicial Education Center in Toluca, Mexico, to provide training sessions for conducting trials in Mexico.

Douglas Godfrey taught 19 students in Beijing last winter, most of them lawyers, in a program sponsored by the Beijing Lawyers Association. Most of the students have since enrolled in Chicago-Kent’s LL.M. program.

In May, Professor Godfrey conducted a training session entitled Effective Use of Case Law for 25 lawyers in Springfield’s Attorney General’s office. In  was one of nine scholars invited to teach at a three-day  intensive writers workshop conducted by the Legal Writing Institute in Oregon.

At the 17th Biennial Meeting of the Legal Writing Institute, Professor Godfrey gave a talk entitled “Appellate Brief Escapes Flatland,” about how to teach writers to use the tools of visual rhetoric in their appellate advocacy.

Steven Harris was appointed the Reporter for a new joint committee comprised of members of the Uniform Law Commission and the American Law Institute.  The committee will draft revisions to Articles 1, 3, and 9 of the Uniform Commercial Code to provide the substantive commercial law rules to support an electronic registry for residential mortgage notes on a national basis with minimal displacement of state laws.

Steven Heyman was honored last spring with the Law School’s award for Excellence in Teaching.

Martin Malin was Scholar in Residence February 12-14 at the ABA Section on Labor and Employment Law, Committee on ADR midwinter meeting in St. Pete Beach, FL. Prof. Malin presented two papers: “Three Phases of the Supreme Court’s Arbitration Jurisprudence,” and “14 Penn Plaza v. Pyett: Opportunity or Oppression for U.S. Workers – Learning from Canada.”

Prof. Malin moderated a panel on “Hot Topics in Public Sector Labor Law” at the AFL-CIO Lawyers Coordinating Committee annual meeting in Chicago in May.

In June, Prof. Malin presented “An Arbitrator’s Perspective on What Makes an Effective Case in Labor Arbitration,” at the annual meeting of the Edison Electric Institute in Chicago. Later that week, Prof. Malin served as moderator of a panel on “The Deregulatory First Amendment,” at the conference on Hot Topics in Contemporary Labor Relations Law, co-sponsored by Chicago-Kent and NLRB Region 13.

At the annual meeting of the National Academy of Arbitrators, Prof. Malin was elected to a second one-year term as Vice President.

In July, Prof. Malin taught a one-week course, “Becoming a Labor Arbitrator,” for the Federal Mediation & Conciliation Service, in Crystal City, VA

Prof. Malin spoke in August at the Federal Mediation & Conciliation Service National Labor-Management Conference in Chicago; the topic was “Impasse: Just a Pause Between Two Brilliant Ideas.”  Also in August, Prof. Malin presented on “Hot Topics in Arbitration: Class Action Waivers and the Brady Deflategate Case,” at the FMCS National Labor-Management Conference.

In April, Nancy Marder presented her paper entitled “Foster v. Chatman:  A Watershed Moment for Batson and the Peremptory Challenge?” at a panel on The Trial and Its History at the 19th Association for the Study of  Law, Culture & Humanities Annual Conference held at the University of Connecticut Law School in Hartford. Also in April, Professor Marder presented a paper entitled “The Fate of the Traditional Criminal Jury Trial in Europe,” as part of a panel on Trials in Europe:  Historical and Contemporary Perspectives, for the 23rd International Conference of Europeanists held in Philadelphia.

In June, Professor Marder organized and chaired a panel on “Challenging and Changing American Jury Traditions” at which she presented her paper, “Foster v. Chatman:  A Missed Opportunity for Batson and the Peremptory Challenge” (the new title after the Supreme Court decided Foster v. Chatman in May, 2016). The panel was held at the Law & Society Association’s (LSA) Annual Meeting in New Orleans. She also served as discussant there for another panel at the LSA entitled “New Empirical Approaches to Studying Jury Representation and Jury Selection.” Professor Marder also presented at a Book Introduction Panel at the LSA, where she introduced Japan and Civil Jury Trials:  The Convergence of Forces by Matthew J. Wilson, Hiroshi Fukurai, and Takashi Maruta.

In July, Professor Marder traveled to Andorra, where she presented a paper entitled “In Their Own Words:  American Women Judges’ Reflections on Gender and Judging” at the Biennial Meeting of the Working Group for Comparative Studies of Legal Professions.  She then travelled to Vienna, Austria and presented her paper at a panel on Legal Professions and Legal Education at the Third International Sociological Association (ISA) Forum of Sociology.

Later in July, Professor Marder was named an Academic Fellow of the Pound Civil Justice Institute, based on her expertise on juries, judges, courts and trials.  Professor Marder was a plenary speaker the previous summer at the Pound Institute’s 23rd Annual Forum for State Appellate Court Judges, which focused on Judicial Transparency and the Rule of Law.

Also in July, Professor Marder was reappointed Chair of the Collaborative Research Networks (CRN) Coordinating Committee of the Law & Society Association.  She also was interviewed about peremptory challenges for the podcast “More Perfect” by Radiolab, available at:  http://www.wnyc.org/story/object-anyway

Sheldon Nahmod’s 33rd annual Section 1983 Conference, held in April at Chicago-Kent, attracted nearly 200 attorneys from around the country. HIs speakers included Erwin Chemerinsky, Karen Blum, Rosalie Levinson, David Rudovsky, Gerry Birnberg and John Murphey. Prof. Nahmod made two presentations at the conference.

Henry Perritt and 2L Quinn Ford submitted a white paper to an FAA advisory committee considering ground rules for flying newsgathering drones over people.  The FAA cited Professor Perritt’s NPRM comments 20 times in support of its final small drone regulation released in June.

César Rosado Marzán presented his paper “Arise Chicago: Worker Centers and the 21st Century Moral Economy” at the following 2016 events: The American Bar Foundation’s research workshop in April; the Law & Society Association’s Annual Meeting in New Orleans; the International Sociological Association’s Forum in Vienna, Austria;  the American Sociological Association’s Conference on Precarious Work: Domination and Resistance in the U.S., China, and the World in August; and the Society for the Study of Social Problems meeting in Seattle, Washington. At the latter meeting, he also presented a second paper, “Settling Claims Under Socialism and Neo-liberalism in Chile.” 

Prof. Rosado delivered the opening presentation of the Regulating Markets and Labor Program at Stockholm University in May. The presentation was entitled: “How has precarious work changed perceptions of labour law?”

Prof. Rosado was awarded the Chicago-Kent Freehling fellowship for the 2017 spring term, which he will use mainly to work on his book manuscript with Sergio Gamonal C. on the principles of labor law (see below).

Prof. Rosado was invited to participate in the two law review symposia, one at the University of Chicago, sponsored by the University of Chicago Legal Forum, and the other at Chicago-Kent sponsored by the Law Review. He will present research findings related to his worker center research (see below). Prof. Rosado also accepted invitations from the Adolfo Ibañez University Law School (Chile) and the Madrid Autonomous University Law School (Spain), to give a number of talks and workshops later this year.

Prof. Rosado was recently invited by the distinguished Labor Law Group to present his research on worker centers during their December meeting in Los Angeles, California.

Finally, Prof. Rosado was invited to join the Planning Committee of the Law and Society Association (LSA) International Meeting in Mexico City in 2017. He will also serve in the Labor Rights International Research Collaborative and as co-chair of the Labor Rights Collaborative Research Network of LSA.

Christopher Schmidt presented material from his forthcoming book on the 1960 student sit-in movement at the American Bar Foundation Fellows Meeting in Denver, Colorado, the American Bar Foundation Research Seminar; and at the Conference on Turning Points in Social Movements: Past and Future at Indiana University School of Law.  In June, Professor Schmidt served as a commentator on two panels at the Annual Meeting of the Law and Society Association in New Orleans. He served again on the American Society for Legal History’s Cromwell Dissertation Prize Advisory Committee last summer.

Stephanie Stern presented a paper on behavioral leasing in June at a conference entitled “Bringing It All Back Home: Evidence and Innovation in Housing Law & Policy,” sponsored by the University of Chicago Law School. The paper will be published by Oxford University Press as a chapter in a book from the conference.

Kent Streseman and six Chicago-Kent students traveled to Scotland to participate in the inaugural 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 appellate and trial advocacy programs throughout the United States for two weeks of intensive training.

Earlier in the summer, Professor Streseman taught a week-long class in appellate advocacy and decision-making to an excellent group of high school students as part of Illinois Tech’s Summer Prelaw Academy.

A. Dan Tarlock gave the keynote presentation entitled “The Future of Western Water Law as the West Dries Out,” at the ABA Annual Water Law Conference in Austin, Texas, in March.

Maureen Van Neste was appointed to the Board of Directors of the Arc of Illinois, a non-profit organization committed to empowering persons with intellectual and developmental disabilities to achieve full participation in community life through informed choices.  In June, Prof. Van Nested presented “The Praxis Program: Using a Competency-Based Curriculum and Structured Self-Reflection to Prepare Students for Practice,”  Institute for Law Teaching and Learning, “Real World Readiness” Conference, at Washburn University School of Law.  See also Elizabeth De Armond’s entry above for a description of their joint presentation at the LWI conference in Oregon last July.

Adrian Walters spoke on a panel about Contracts Law teaching at the 11th International Conference on Contracts (KCON XI) in San Antonio in February. He was co-convenor and chair of a panel on international and comparative bankruptcy law at the American Society of Comparative Law Younger Comparativists Conference in New Orleans in March. In the Spring, for the fifth successive year, he was an invited lecturer for an American College of Bankruptcy sponsored program in international bankruptcy law at St John’s University Law School in New York, presented to several participating schools in the U.S. and Mexico. He was a visiting professor at the Sutherland School of Law, University College, Dublin, in June and July. He presented a paper entitled “Shoppers’ Paradise? Some Realism About Twenty-First Century United States Bankruptcy Jurisdiction Over Foreign Entities” at the INSOL Academics’ Colloquium, which took place in London in July.

Richard Warner gave several presentations, including “‘I’ll See’: How Surveillance Undermines Privacy By Eroding Trust,” at Midwestern Privacy Law Scholars Workshop, Moritz College of Law, Ohio State University, in May, at Georgetown University Law Center in June, and at the  Innovation, Business & Law Colloquium, Iowa College of Law, in September; “Privacy/Security Tradeoffs,” Beyond Bitcoin, at Chicago-Kent in May;  “Beyond the Panopticon,” Protecting Virtual You: Individual and Informational Privacy in the Age of Big Data, at St. Thomas Law School in September.

Prof. Warner has expanded the School of American Law, which now includes Odessa, Ukraine, Baku, Azerbaijan, and Athens, Greece, in addition to Tbilisi, Georgia. He also plans to reopen the program in Yerevan, Armenia, in 2017–18, as well as a program in Kiev, Ukraine.

Richard Wright commented on and proposed amendments to the draft Restatement of the Law, Third, Torts: Intentional Torts to Persons, at the Advisors and Members Consultative Group meeting at the American Law Institute in Philadelphia last April. Over the summer, he was an invited participant and speaker at several conferences. He presented a paper on “The Law of Neighbors: Greek and Roman Roots” as a participant in a conference entitled “A Discourse on the Legal Method: Historical and Philosophical Influences on Legal Thinking,” which was sponsored by the Groningen Circle and the Russian Academy of Sciences and took place at the School of Social and Economic Sciences in Moscow, Russia, in June. At the Subtech 2016 conference, held at the University of Richmond in July, he presented “A Proposal for an Automated Grading Assistant.” He participated in the Obligations VIII conference on “Revolutions in Private Law,” held in England in July at the University of Cambridge, where he and his research assistant, Karen Vaysman, a Kent Scholar, presented a paper on “The Quiet Revolution: The Standards of Persuasion and Res Ipsa Loquitur.”

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