Research in Progress – November 2012

Lori Andrews submitted a final grant report to the Greenwall Foundation describing the finding from her work analyzing the legal issues surrounding the collection of health information by social networks and related data aggregators.


Christopher Buccafusco is collecting data on a group of experiments involving intellectual property law’s incentives for creativity and innovation.


Laurie Leader is currently engaged in updating her treatise entitled Wages and Hours: Law & Practice (Matthew Bender), due in February 2013.


Martin Malin has been awarded a grant of $25,000 by the National Academy of Arbitrators Research and Education Foundation.  The grant will fund a study comparing the handling of statutory human rights claims in arbitration under collective bargaining agreements in the Province of Ontario with the handling of the claims before the Ontario Human Rights Tribunal (the administrative agency with jurisdiction).  The expectation is that the results will be relevant to the ongoing discussions in Canada over the appropriate forum(s) for statutory human rights claims and the ongoing debate in the U.S. over the compelled arbitration of statutory employment claims.  Prof. Malin’s collaborators are Professor Sara Slinn of Osgoode Hall Law School at York University in Toronto and Professor Jon Werner of the Department of Management at the University of Wisconsin – Whitewater.  The bulk of the grant money will be used to pay students at Chicago-Kent and Osgoode Hall to read and code the arbitrator and tribunal decisions.


Joan Steinman is pursuing article ideas that include the circumstances under which denials of summary judgment should be reviewable after post-trial final judgment, waiver-by-conduct of removal and remand rights, and the constitutionality of statutes that confer subject-matter jurisdiction beyond that apparently permissible under Article III.


Nancy Marder is completing a paper called The Court and the Visual: Images and Artifacts in U.S. Supreme Court Opinions, which will be published in a symposium issue of the Chicago-Kent Law Review entitled “The Supreme Court and the Public.”  Professor Marder has also been doing research for a book chapter that will provide a comparison of who could serve on the jury back in 1888 and who can serve today and how jury composition has changed in the past 125 years.  This work is part of a project by Chicago-Kent faculty in honor of Chicago-Kent’s upcoming 125th Anniversary.


César Rosado Marzán has been a Guest Professor of Labor Law at the Institute for Social Private Law of Stockholm University’s Law School for the past six months. He has been doing empirical research on international framework agreements (“IFAs”), or agreements between global unions and multi-national corporations.  The research has taken him to various European locations, including the German industrial heartlands, Frankfurt, Geneva, London, and Stockholm, in addition to numerous interviews done by telephone to sources in Brussels, various points in Switzerland, and the United States.  IFAs pledge joint cooperation between global labor and management to, at a minimum, make sure that the companies are abiding by the ILO’s “core labor standards.” Professor Rosado Marzán is evaluating their effectiveness.

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