Faculty Activities – August 2010

Bernadette Atuahene was invited by the NPR show Worldview to discuss her work on property rights in South Africa. Also, her op-ed, Happy Birthday Madiba was published by the Huffington Post.

In May, Professor Atuahene presented her paper, “Property and Transitional Justice,” at the Law and Society Association Annual Meeting in Chicago.

In June Professor Atuahene gave the Chief Land Claims Commissioner of South Africa a report entitled The Long-Term Economic Benefit of Financial Compensation Distributed to Urban Claimants by the Land Restitution Commission. The Commissioner invited her to present the report to all the Regional Land Claims Commissioners during a special meeting in Pretoria, South Africa. She also presented the report at the South African Institution for Advanced Constitutional, Public, Human Rights & International Law (SAIFAC) in Johannesburg, South Africa.

In July, Professor Alvaro Santos invited Professor Atuahene to present her work at a special session on law and international development at the XVIIIth International Congress of Comparative Law held in Washington, DC. She was also invited by the National Student Leadership Conference to deliver a talk about property rights and historical injustice at their Law and Advocacy Conference.

Kimberly Bailey’s current work-in-progress is “Domestic Violence and the Persistence of the Privacy Norm.”

Professor Bailey will present this paper at the National People of Color Conference on September 10, 2010. at Seton Hall Law School in Newark.

William Birdthistle presented “Investment Indiscipline,” at the Annual Meeting of the Law and Society Association in May 2010. The paper was published at 2010 U. Ill. L. Rev. 61 (2010).
The American Constitution Society has invited him to discuss Citizens United v. Federal Election Commission at a community forum in Frankfort, Illinois on August 29, 2010.

Northwestern University School of Law has invited Professor Birdthistle to present his paper, “Breaking Bucks in Money Market Funds” (forthcoming in Wisconsin Law Review), at a faculty workshop on September 9, 2010.

The Canadian Law and Economics Association has accepted his paper on money market funds for their 2010 Annual Meeting to be held in Toronto in October. Also in October, the University of North Carolina Law School has invited Professor Birdthistle to present his money market funds paper at a faculty workshop.

Ralph Brill spoke on “The Ideal Curriculum” at the 25th anniversary meeting of the Legal Writing Institute at Marco Island, Florida, in June 2010.

Evelyn Brody continues as the Reporter for the American Law Institute project on Principles of the Law of Nonprofit Organizations. She discussed Preliminary Draft No. 5, Chapter 6 (Supervision and Enforcement), with the project’s Advisors and Members Consultative Group in February 2010.

Professor Brody presented her draft article, “Sunshine and Shadows on Charity Governance: Public Disclosure of the Forms 990 and IRS Enforcement Activities,” at the Advanced Topics in Taxation Colloquium Series, Northwestern University School of Law in Chicago in April 2010.

Professor Brody appeared on panels addressing the topic of “Charities in Financial Distress” at the Georgetown University Law Center Conference on Representing and Managing Tax-Exempt Organizations in Washington, DC in April 2010; the American Bar Association Tax Section, Exempt Organizations Committee Meeting in May 2010; and that Committee’s national teleconference in July 2010

As co-organizer of Emerging Issues in Philanthropy, a Joint Project of the Urban Institute Center on Nonprofits and Philanthropy and the Harvard University Hauser Center for Nonprofit Organizations, Professor Brody moderated panels at the 21st and 22nd seminars, both in Washington, DC: one on “A Federal Office on the Nonprofit Sector: What Do We Have?  What Do We Need?” in April 2010 and the other on  “Citizens United v. Federal Election Commission: Implications for Activities and Alignments of Nonprofit Organizations” in June 2010.

In the last two weeks of July, Professor Brody was an adjunct professor visiting the Australian Centre for Philanthropy and Nonprofit Studies (ACPNS), Queensland University of Technology, Brisbane, Australia. Her formal schedule included presentations–a mix of formal talks, teaching, and discussions on U.S. nonprofit law and legal reform projects–to ACPNS and the School of Accountancy; to a class of students; and to groups of legal practitioners and academics in Brisbane, Sydney, and Melbourne.

Christopher Buccafusco presented “The Creativity Effect” at the plenary panel of the Intellectual Property Scholars Conference in August 2010, at the Law and Society Association Annual Meeting in May 2010, and at the University of Chicago Symposium on IP Licensing in June 2010.

He presented “Retribution and the Experience of Punishment” at the Junior Criminal Law Professors Conference in July 2010.

Professor Buccafusco was a panelist in a roundtable on “Cost Benefit Analysis vs. Well-Being Analysis” with Eric Posner, Michael Livermore, John Bronsteen, and Jonathan Masur at the Law and Society Annual Meeting in May 2010.

Daniel Coyne was appointed by Governor Pat Quinn as a member of the Illinois Torture Inquiry and Relief Commission in July 2010. The Commission was legislatively created and is tasked with the responsibility of reviewing and recommending action on claims of torture inflicted by former Chicago Police Commander Jon Burge and his subordinates.

Throughout the spring and summer, Professor Coyne spoke to several meetings on diversion and deferral programs and other aspects of criminal court restructuring: The Appleseed Fund for Justice/Chicago Council of Lawyers Diversion Stakeholders, the Adult Probation Department of the Circuit Court of Cook County, and the Cook County Department of Corrections.

He was an invited presenter to the American Bar Foundation Diversity Fellowship Program to discuss clinical education and the Cook County criminal justice system in July 2010. He spoke on the Illinois Criminal Justice System and the death penalty at Evanston Township High School in May 2010.

Professor Coyne has been interviewed and quoted by news media a number of times recently:

by NBC News-Chicago and New York Times on Blagojevich trial issues, and by the Chicago Tribune regarding a half-million dollar bond set on a New Trier high school student accused of leaving the scene of an accident;

by journalist John Conroy regarding the Jon Burge federal prosecution for perjury and obstruction of justice and by Chicago Sun-Times on sex offender registry legislation and the Illinois Torture Inquiry and Relief Commission;

by the Daily Herald regarding a Lake County murder prosecution with a false confessions issue, and by New York Times on the diversion programs.

In June 2010, Professor Coyne successfully litigated the case of People v. Marcus Freeman in the Circuit Court of Cook County, Criminal Division with Professor Edward Kraus (see note for Professor Edward Kraus, below).

David Gerber taught a course entitled “Foundations of Transnational Law: Comparative Law and Economics” at the International University College in Turin, Italy in May and June 2010.

In May he travelled to Bonn, Germany, to give a talk, “The Goals of European Competition Law: Identifying Some Distortions in the Literature,” at the biennial meeting of ASCOLA, The Academic Society for Competition Law.

In July Professor Gerber returned to Germany to co-host a conference in Munich entitled “Competition Law, Development, and Regional Integration.” He gave a talk at the conference, “Competition Law and Regional Integration in Developing Countries: The Political Dimension.”

Douglas Godfrey spoke at three national conferences in June 2010. First, he spoke to the biannual conference on transactional drafting hosted by Emory Law School about the importance of teaching students how to give effective presentations.

Next, with Professor Mary Rose Strubbe, he spoke at the national conference of the Institute for Law Teaching and Learning about how to effectively model legal skills for law students. Finally, he spoke during the Legal Writing Institute’s biannual meeting about how the traditional office memo is becoming obsolete in practice.

In August, Professor Godfrey taught a course about the American legal system and English to foreign students who are about to begin their legal studies. He continues to work with Judge David Erickson and others on training Mexican professors and judges in oral trial skills.

Philip Hablutzel was one of two plenary speakers at Chicago-Kent’s 29th Annual Conference on Not For Profit Organizations.  He spoke on recent legislative developments, including the 18 amendments to the Illinois Not For Profit Corporation Act and the new statutory entity: the Low Profit Limited Liability Company (the “L3C”) in June 2010

Also in June, during the Annual Meeting of the Illinois State Bar Association, he was presented with a plaque for his service as Chairman of the Section of Corporation, Securities, and Business Law during 2009-2010.  He will remain on the section governing council and will be in charge of reporting on legislative developments in business and securities law and in not for profit law.

On September 22 and October 1, Professor Hablutzel will present his 22nd Annual two-day Seminar at the Chicago Bar Association on “How to Form an Illinois Business Entity: Corporation and its Alternatives.”

Professor Hablutzel is Director of Chicago-Kent’s Institute of Illinois Business Law and is also in his sixth year as a public member of the Business Conduct Committee of the Chicago Board Options Exchange.

Robert Knowles presented his paper, “A Realist Defense of the Alien Tort Statute,” at the 2010 Law and Society Association Annual Meeting in May 2010.

Professor Knowles was selected to participate in the 18th Annual National Security Law Institute for Professors and Government Practitioners at the University of Virginia School of Law in June 2010.

Harold Krent was recently quoted in opinions by two federal appeals courts.

The Tenth Circuit Court of Appeals quoted from his article, Reconceptualizing Sovereign Immunity, 45 V and. L. Rev. 1529, 1531 (1992) in Iowa Tribe of Kansas and Nebraska v. Salazar, 607 F.3d 1225 (June 7, 2010).

The First Circuit Court of Appeals quoted from Dean Krent’s article, Of Diaries and Data Banks: Use Restrictions Under the Fourth Amendment, 74 Tex. L. Rev. 49, 94 (1995) in Boroian v. Mueller,  ___ F.3d ___ (Aug. 12, 2010).

Edward Kraus successfully litigated the case of People v. Marcus Freeman in the Circuit Court of Cook County, Criminal Division with Professor Daniel Coyne in June 2010. Mr. Freeman is a teenager who suffers from Type I diabetes. He was arrested by the Chicago Police Department following an interaction in his home with Chicago Fire Department EMS personnel wherein the paramedic alleged that he was injured while attempting to treat Mr. Freeman. As a result, Mr. Freeman was charged with aggravated battery, a class 2 felony that carries a potential penalty of three to seven years in the penitentiary. The defense asserted was one of involuntary intoxication stemming from evidence that showed that Mr. Freeman’s blood sugar level was extremely low which caused a diminished mental state at the time of the incident.

Edward Lee is the new Director of Chicago-Kent’s Program in Intellectual Property Law.

Professor Lee recently became a contributing blogger to the Huffington Post. His recent posts include Copyright and Remixing Kanye Tweets and New Yorker Cartoons, and On Being Justin Bieber in the Age of YouTube.

He taught International Intellectual Property at Chicago-Kent’s program at Thammasat University in Thailand in July 2010. He recently taught Intellectual Property for Start-Up Companies at Fisher College of Business at The Ohio State University. The IP program has a news web site:http://www.kentlaw.edu/depts/ipp/news/.

Martin Malin has returned to Chicago-Kent after spending the Spring 2010 semester as a visiting professor at the University of Michigan Law School. While in Ann Arbor, he presented a workshop to the U of M faculty, “Who Speaks for Retirees?” He also lectured on “The Role of the Constitution in the Public Sector Workplace,” at Michigan State Univeristy, James Madison College, a residential college specializing in public affairs.

Along with fellow members of the Federal Service Impasses Panel, Professor Malin spoke on “Practice before the FSIP,” at the Society of Federal Labor and Employment Relations Professionals Annual Meeting in Washington, DC in April 2010.

He spoke on a panel on the CAW-Magna International Framework of Fairness Agreement at the National Academy of Arbitrators Annual Meeting in Philadelphia in May 2010. In June he spoke on “Mandatory Card Check Recognition in the Public Sector,” for The Labor Law Group in Lake Arrowhead, California.

Nancy Marder gave several presentations at conferences in Europe this summer.  She gave the opening plenary speech on “Helping Jurors Understand  Jury Instructions” at the Fifth Conference on Legal Translation, Court Interpreting and Comparative Legi-Linguistics in Poznan, Poland in July 2010.

On July 10, 2010, Professor Marder presented a paper entitled “Judging Judge Judy and Other Television Judges” as part of the International Working Group for Comparative Studies of Legal Professions’ European Conference in Gif sur Yvette, France.

Professor Marder also presented a paper entitled “Judging the Television Judges” in July 2010 at the International Sociological Association’s World Congress of Sociology in Gothenburg, Sweden.

Closer to home, Professor Marder participated in a panel, along with Judge William Bauer and Bill Barnhart, on “The Legacy of Justice Stevens” organized by the American Constitution Society. The panel was held in Chicago in June 2010.   Professor Marder also participated in a two-part television series, entitled “Anatomy of a Trial,” which was organized and produced by the Illinois State Bar Association and was aired on cable television during the summer.

Professor Marder was invited to serve as a member of an ABA committee to rewrite capital case instructions into plain English.

Throughout the summer, and in June and August in particular, Professor Marder was interviewed by a variety of media about the jury trial of former Illinois Governor Rod Blagojevich.  She was interviewed multiple times on television (WTTW’s “Chicago Tonight” and CLTV’s “Garrard McClendon Live”), radio (WBBM, Chicago Public Radio, and National Public Radio), and print (Associated Press, Chicago Tribune, and the Chicago Daily Law Bulletin).

Henry Perritt’s “You Took Away My Flag: a Musical About Kosovo,” which he wrote and composed, completed an eight-week run at Theatre Building Chicago in May 2010. A screenplay based on the musical’s story is being circulated to filmmakers and investors.

César Rosado Marzán presented a paper at the Law and Society Association Annual Meeting, “Neither Protective nor Liberal: An American Perspective of Chilean Collective Labor Law,” in May 2010. He also served as Chair and Organizer of the panel where he presented the paper.

In June 2010, Professor Rosado Marzán was invited to Stockholm to give a presentation to the Regulating Markets and Labour Programme (“ReMarkLab”), of which he is a member. His topic was “Finding Labor’s ‘Holy Grail’: Bargaining Power, Politics and the State in American Transnational Collective Bargaining.”

In July 2010, the Adolfo Ibañez University Law School in Santiago, Chile, invited Professor Rosado Marzán to make a presentation in Spanish titled: “Temas en el derecho laboral norteamericano” (“Issues in American Labor Law”).  The audience was a class of labor law masters students composed of Chilean practicing attorneys and labor judges.

In August 2010 the Chilean Asociación Nacional de Magistrados, a large association of Chilean judges, invited Professor Rosado Marzán to give a talk on American labor law.

In other activities, Professor Rosado Marzán served as member of the Graduate Student Workshop Committee of the Law and Society Association. In addition to helping plan for the workshop and selecting candidates, he co-chaired two break-out sessions, one related to international governance and another on the law school faculty market.  He also served on the planning committee for the Fall 2010 Chicago-Kent Institute for Law and the Workplace members’ meeting.

Christopher Schmidt has been reappointed as a Visiting Scholar at the American Bar Foundation for the 2010-2011 academic year. He will continue as an Associate Editor for the ABF’s journal, Law and Social Inquiry.  Professor Schmidt has also assumed the role of co-organizer of the ABF/Illinois Legal History Seminar.

In September he will present a paper, “The Cold War Origins of the Civil Rights-Civil Liberties Divide,” at the San Francisco State University Rights Conference.

In October, Professor Schmidt will be at the Midwest Law and Society Retreat in Madison, Wisconsin, where he will present a paper about “The Tea Party Constitution.”

In November he will give a paper, “How Majoritarian is the Supreme Court?” at the Constitutional Law Colloquium at Loyola University Chicago School of Law.

Professor Schmidt has had book reviews recently published in Law and History Review, H-Law Discussion Network, and the Alabama Review.

David Schwartz spoke at the Law and Society Association Annual Meeting in Chicago on “Retroactivity at the Federal Circuit” in May 2010.

In August, Professor Schwartz spoke at the Intellectual Property Scholars Conference at University of California-Berkeley School of Law, also on “Retroactivity at the Federal Circuit.”

Professor Schwartz’s article, The Use of Legal Scholarship by the Federal Courts of Appeals: An Empirical Study, was reported on by the National Law Journal and various blogs including Concurring Opinions, Legal Theory Blog, and How Appealing; see the C-K Faculty Blog.

Christopher Seaman presented his paper, “The Reports of Willfulness’s Demise Are Greatly Exaggerated: An Empirical Study of Willful Patent Infringement After In re Seagate,”  at the IP Scholars Conference, University of California-Berkeley School of Law in August 2010.

Ronald Staudt was reappointed for a five-year term to the Editorial Board of the International Journal of Law and Information Technology, Oxford University Press, beginning in 2010. He has also been reappointed to the Advisory Council of the ABA Standing Committee on the Delivery of Legal Services.

Professor Staudt was named to a second three year term starting in 2010 as a Trustee of the College of Law Practice Management and is the Chair of the Legal Aid Committee of the Board of Trustees of the College of Law Practice Management.

Professor Staudt will again serve as the Conference Chairperson for Managing Partner Magazine’s 6th Annual Knowledge Management in the Legal Profession conference in New York on October 26-27, 2010.

Professor Staudt will speak at the National Legal Aid and Defender Association Annual Conference on November 10-13, 2010 in Atlanta, Georgia. His topic is “Perspectives on A2J Author, Online Intake & Case Management.”

Joan Steinman submitted comments to Congress on a House bill, the Federal Courts Jurisdiction and Venue Clarification Act, in an effort to improve the proposed legislation in June 2010.

Professor Steinman spoke on August 1st at the Southeastern Association of Law Schools 2010 Annual Conference in Palm Beach, Florida.  She participated in a Constitutional Law Workshop on New Ideas about the Design of Appellate Courts, and focused her remarks upon when federal appellate courts properly may rule on issues that no inferior court has ruled upon, and through what analysis federal appeals courts should decide whether to rule on such issues.

Keith Ann Stiverson gave three presentations at last month’s annual meeting of the American Association of Law Libraries in Denver. She spoke at the AALL Advocacy Workshop about NCCUSL’s attempt to write a uniform law on authentication and preservation of state online legal materials. She also presented at a program on developing social capital in libraries and presided at the annual meeting of the Legal Information Preservation Alliance (LIPA); she is the outgoing Chair of the organization, which now includes 128 libraries.

Mary Rose Strubbe and Douglas Godfrey presented “Teaching Law Practice Across the Curriculum-–Successful Modeling” at the Institute for Law Teaching and Learning  conference in Topeka, Kansas in June 2010.

Professor Strubbe, with Douglas Godfrey, Richard Neumann (from Hofstra), and Kristen Tiscione (from Georgetown) presented a panel discussion on “Rethinking the Traditional Legal Memorandum as a Teaching Tool” at the Legal Writing Institute conference, also in June.

Dan Tarlock lectured and was on the faculty at the International Law and Transboundary Waters Freshwaters Symposium and Workshop at the University of Dundee Centre for Water Law, Policy, and Science, Dundee, Scotland in June 2010. Professor Tarlock taught the unit, ” Managing Conflict Over Transboundary Freshwaters and Coping with Change–The Role of Institutions and Dispute Settlement Mechanisms.”

Richard Wright presented a paper, “Private Nuisance Law: A Window on Substantive Justice,” at the fifth international “Obligations V: Rights and Private Law Conference,” at the University of Oxford, England in July 2010.  The paper will be published along with other papers from the conference by Hart Publishing, Oxford.

Also in July, Professor Wright participated as an invited panelist at a one-day workshop on Private Law Theory that took place as part of the 18th International Congress of Comparative Law.

Professor Wright is co-organizer, along with Professor Ken Oliphant, Director of the Institute for European Tort Law in the Austrian Academy of Sciences, Vienna, Austria, of an international conference on Medical Malpractice and Compensation in Global Perspective, to be held in Vienna in December 2010, that will bring together experts from around the world.  Papers from the conference will be published in the Chicago-Kent Law Review and by Walter de Gruyter in Berlin, Germany as part of the Tort and Insurance Law Series of the European Centre on Tort and Insurance Law.

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