Research in Progress – August 2010

Douglas Godfrey is under contract with Carolina Academic Press to write a book about how to teach law students investigation skills.

Martin Malin is working on a project entitled, “The Proposed Arbitration Fairness Act: It Should not be an All or Nothing Proposition,” which he will present at a symposium, “Labor and Employment Law and the Obama Administration,” at Indiana University–Bloomington School of Law in mid-November 2010.

Nancy Marder wrote an essay, Judging the Television Judges, which will be published as a chapter of a book entitled Law and Justice on the Small Screen (Peter Robson & Jessica Silbey eds. forthcoming 2010).

Professor Marder revised a book chapter entitled Law, Literature and Feminism:  Broadening the Canon with New Texts, which will appear in Modern Language Association’s Teaching Literature and Law (eds. Austin Sarat, Cathrine Frank & Matthew Anderson, forthcoming 2010).

Professor Marder began work on a symposium issue of the Chicago-Kent Law Review on Comparative Jury Systems.

Henry Perritt is nearing completion of a new article, Technologies of Storytelling: New Models for Movies.

César Rosado Marzán is finishing his ethnographic fieldwork related to labor law enforcement in Chile, an important commercial partner of the United States. He spent about four months in the Chilean Labor Directorate and three months in the country’s labor courts. His activities included observation of trials and workplace inspections in the cities of Antofagasta, Calama, Concepción, Santiago and Valparaíso.

Professor Rosado Marzán is also working on two U.S.-European comparative labor law projects. One contrasts the U.S. historical experience of regulating the workplace alongside the development of a modern, national market with the current European Union (EU) challenges to develop an integrated EU market that respects national labor laws. A second project looks at how international framework agreements, mostly a fledgling, European institution, are having an impact on U.S. labor law.

Christopher Schmidt has been invited to contribute an essay in a forthcoming edited volume titled New Directions in Southern Legal History.

Joan Steinman is working on an article tentatively titled, Appellate Courts as First Responders, which focuses 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.

She also is researching and plans to publish articles concerning (1) non-contractual waivers of the right to remove cases from state to federal court, (2) the standing that an unjoined person who has been held to be a required but not an indispensable party has to appeal a judgment adverse to its interests, (3) whether and under what circumstances a party may appeal, after final judgment, an order denying it summary judgment if the party chose not to appeal the denial before trial, and (4) what ensues when courts refuse to certify a class for settlement purposes only.

Professor Steinman is working on the 2011 Pocket Parts to Volumes 14B & C of Wright, Miller, Cooper, Steinman, Federal Practice and Procedure.

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