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Faculty
News
August 2005
Faculty
Activities
Kari
Aamot, Douglas Godfrey, Sanford Greenberg, Keith Ann Stiverson,
Mary Rose Strubbe: Future of Legal Research Conference.
On May 13-14, 2005, Chicago-Kent hosted the Future of Legal Research
Conference, which grew out of an empirical research project in which
Chicago-area attorneys and law librarians were surveyed about changing
research resources. Tom Gaylord and Sanford Greenberg presented
the survey results and visiting speakers included Laurel Oates,
Director of the Research and Writing program at Seattle University;
Bob Berring, Director of the Law Library at the University of California
at Berkeley; Paul Callister, Director of the Law Library at UMKC
and John Mayer, Director of CALI. The Conference was attended by
more than 120 faculty and librarians from law schools nationwide.
Susan Adams taught Introduction to the American
Legal System and lectured on Terrorism and U.S. Immigration Policy
to PhD students at the University of Trento.
Bernadette
Atuahene has been invited to participate in the Childress
Lecture Symposium, which is the main academic event at Saint Louis
University. Carol Rose of Yale Law School will deliver the keynote
lecture on "Privatization and Democratization" and Professor
Atuahene will be one of six respondents. The symposium papers will
be published in the St. Louis University Law Journal.
Elizabeth
De Armond gave a talk entitled "FACTA: Who's New to
Sue?" at the National Association of Consumer Advocates' annual
Fair Credit Reporting Act conference in June 2005.
Graeme
Dinwoodie presented "Reconciling Intellectual Property
and Competition: The Protection of Spare Parts in the United States
and the European Union" at the Conference on Free Trade, Competition,
and the Enforcement of Intellectual Property in a Global Economy,
at University of Maastricht, The Netherlands in May 2005.
Professor Dinwoodie participated in a workshop discussion among
scholars from a number of disciplines at a Trademark Workshop at
Emmanuel College, University of Cambridge, in July 2005.
Howard
Eglit's new book, Elders on Trial:
Age and Ageism in the American Legal System, was favorably
reviewed recently in a 19-page student review in Marquette
Elder's Advisor (a journal of Marquette Law School ) and
a 3-page review by Professor Marshall Kapp, Garwin Distinguished
Professor of Law and Medicine, SIU School of Law, in The
Gerontologist, the journal of the Gerontological Society
of America.
David
Gerber lectured at the Society for Advanced Studies in
Law of the British Institute for International and Comparative Law
in London in June 2005. His topic was "Thinking about Competition
Law: a Global Perspective."
Professor
Gerber then gave two sets of lectures in the PhD and LLM programs,
respectively, of the faculty of law of the University of Trento
in Italy. The lectures were on competition law in global markets
and the development of competition law in Europe and the United
States.
On
June 17 he gave a public lecture at Bocconi University in Milan,
Italy. His topic was "Global Perspectives on Competition Law."
Douglas
Godfrey was appointed by the Illinois Supreme Court as
the faculty reporter for the Complex Litigation Committee.
Sanford
Greenberg presented the preliminary results of the attorney
survey on legal research at Chicago-Kent's symposium on the Future
of Legal Research on May 13, 2005. Along with Douglas Godfrey,
he is preparing an article related to this survey.
Philip
Hablutzel was appointed to the Corporation, Securities
and Business Law Section Council of the Illinois State Bar Association.
Dan
Hamilton commented on a paper at the American Political
Development workshop at the University of Chicago in May 2005. In
October he will present a paper on property confiscation in the
Civil War at the annual meeting of the American Society for Legal
History in Cincinnati.
Steven
Harris spoke on "Globalization of Commercial Law"
at an Association of American Law Schools Conference in Montreal
in June 2005. He also was on the faculty of the Special Advanced
American Law Institute-American Bar Association Conference on Article
9 of the Uniform Commercial Code in Chicago in June.
Timothy
Holbrook presented "Enabling Enablement in Patent
Law" at the 5th Annual Intellectual Property Scholars Conference,
hosted by Cardozo Law School in New York City on Aug. 11, 2005.
This also will be his topic at a Faculty Workshop at Marquette University
Law School in Milwaukee on Oct. 18, 2005.
Professor
Holbrook is is serving as a commentator at the conference entitled
"Third-Party Liability on Intellectual Property Law" at
Santa Clara Law School on Oct. 7, 2005.
He
will be a commentator at the Markey Symposium on “Innovation
and its Discontents: Patents and Innovation Policy in the 21st Century”
to be held on October 14, 2005 at John Marshall Law School in Chicago.
Martin
Malin, together with University of Kansas Professor of
Psychology Monica Biernat, presented a paper entitled, "An
Empirical Investigation of Factors Affecting Outcomes of Discipline
Arbitrations When Work and Family Responsibilities Conflict,"
to the Annual Meeting of the National Academy of Arbitrators in
May 2005. He also moderated a panel discussion of Neutrality and
Card Check Agreements at the NAA Annual Meeting.
Professor
Malin presented the Second Report on the Neutrality Project to the
Association of Labor Relations Agencies Annual Meeting in July 2005.
Professor Malin serves as the Reporter for the ALRA Neutrality Committee
which is drafting a treatise on labor relations agency neutrality.
Nancy Marder
presented a paper entitled "Bringing Jury Instructions Into the
Twenty-First Century" at a conference on Clarity and Obscurity in
Legal Language. The conference, held in Boulogne-sur-Mer, France
from July 5-9, 2005, brought together academics, lawyers, and policy-makers
from all over the world and was conducted in both French and English.
In September, Professor Marder will present a
paper on peremptory challenges at a conference on The Jurisprudence
of Justice Stevens. The conference, to be held at Fordham University School
of Law in New York City, is in honor of Justice Stevens, who will
be attending. Many of the participants, including Professor Marder, clerked
for Justice Stevens and are now in academia.
Sheldon Nahmod held the 22nd annual two-day Section
1983 Civil Rights Litigation Conference at Chicago-Kent in April
2005. Over 200 lawyers and federal law clerks were in attendance.
Professor
Nahmod spoke on civil rights at the annual convention of the NAACP
in Milwaukee, Wisconsin, on July 11, 2005. He also spoke twice in
Boston to federal judges at a program sponsored by the Federal Judicial
Center on July 27 and 28, 2005. His topics there were "Substantive
Due Process" and "Procedural Defenses in Civil Rights
Cases."
In
July 2005, Professor Nahmod attended a conference held in Germany
on the Nuremberg laws, the Nazi rallies in Nuremberg and the Nuremberg
trials.
Kristen
Osenga presented her paper, "Linguistics and Claim Construction: Why
the Federal Circuit's Approach in Phillips v. AWH Corporation
Is Unlikely to Uncover a Claim's True Meaning," at the 5th Annual
Intellectual Property Scholars Conference at Cardozo School of Law
on August 11-12, 2005.
Henry
Perritt continued work on his book about the Kosovo Liberation
Army, spending two weeks in Kosovo in late June and early July,
interviewing senior strategists and ordinary soldiers for the KLA.
Upon returning, he interviewed KLA fund raisers in Detroit, New
York and Chicago and some KLA fighters who settled in the United
States after the war. He also has interviewed two general officers
of the United States Army, and KLA fundraisers. The forthcoming
book tells the story of the KLA--one of the most successful insurgencies
of the 20th Century--and evaluates the KLA experience and literature
on insurgencies to determine what lessons can be learned for U.S.
foreign policy.
Professor
Perritt also provided support for 2L Andrew T. Strong, who, as a
part of Chicago-Kent's Operation Kosovo, is spending the summer
and fall in Kosovo, as a member of the legal team defending former
Kosovo Prime Minister Ramush Haradinaj against charges that he violated
international humanitarian law when he was a commander of the KLA.
He
led "book discussion groups" in Chicago for the Council
on Foreign Relations, which he also serves as a member of the Membership
Committee.
Jeffrey
Sherman addressed the Atlanta Estate Planning Council on
the subject of "Recent Developments in Estate Planning for Unmarried
Couples" in May 2005.
Ronald
Staudt spoke at the ABA Annual Meeting at the Tort Trial
and Insurance Practice Section Section program on Opportunities
and Obstacles in Practicing Law Online in August 2005. His topic
was "E-Lawyering."
Professor Staudt has been named Liaison to the ABA SCLAID Task Force
on Standards for Legal Services Programs from the ABA Standing Committee
on Delivery of Legal Services.
Keith
Ann Stiverson was appointed to a three-year term on the
ABA's Standing Committee on the Law Library of Congress.
Dan
Tarlock delivered a paper, "Is a Substantive Environmental
Law Possible?" at the 2005 International Conference, Israel
Society for Ecology and Environmental Quality Sciences, Weizmann
Institute, Rehovot, Israel in June 2005.
A second paper, "The Europeanization of American Cities,"
was delivered at the Association of European Schools of Planning
Annual Conference in Vienna, Austria in July 2005.
Alex
Tsesis was a presentation panelist at the Law and Society
Association Annual Meeting in June 2005. His topic was "The
Future of Hate Speech Regulation."
Professor
Tsesis gave faculty presentations on "The Thirteenth Amendment
and Contemporary Issues" at three law schools: University of
Toledo College of Law in April 2005, American University
Washington College of Law in November 2004, and University of Pittsburgh
School of Law in October 2004.
His
appointment with the University of Wisconsin Law School - Institute
for Legal Studies was extended to Aug. 31, 2007.
Research
in Progress
Graeme
Dinwoodie is at work on a book, Achieving
Balance in International Intellectual Property Law with Rochelle
Dreyfuss, and they have just agreed to publish the book with Oxford
University Press.
Professor Dinwoodie also is at work on the second edition of his
casebook, International Intellectual Property
Law And Policy (with Perlmutter and Hennessey).
He
is working on two trademark law papers, Trademark Law and Social
Norms and Trademark Use (the latter with Mark Janis).
Steven
Heyman has completed half of the manuscript for his book,
Free Speech and Human Dignity. The
book is slated for publication by Yale University Press in 2007.
Martin
Malin, together with Professors Kenneth Dau-Schmidt (Indiana
University -Bloomington), Christopher Cameron (Southwestern), Roberto
Corrada (Denver) and Catherine Fisk (Duke), is writing a new casebook,
Labor Law in the Contemporary Workplace.
The book will be published by Thomson/West.
Nancy
Marder is writing an article, Bringing Jury Instructions
Into the Twenty-First Century,to be published in a
2005 symposium issue of Notre Dame
Law Review. The symposium topic is Federal Courts, Practice
and Procedure.
Another
article, Peremptory Challenges and Justice Stevens' Commitment
to Nondiscrimination,will be published in 2006 in a Fordham
Law Review
symposium issue on the Jurisprudence of Justice
Stevens.
Henry
Perritt is continuing work on a new law review article
on music file sharing and its impact on the economics of the music
industry.
Recent
and Forthcoming Publications
Bartram
Brown has published an article, Intervention, Self-Determination,
Democracy and the Residual Responsibilities of the Occupying Power
In Iraq,
11 U.C. Davis J. Int'l L. & Pol'y
23 (2004).
Professor
Brown has an article in the recently published Chicago-Kent
Law Review issue containing articles from the Symposium on
Final Status for Kosovo:
Human Rights, Sovereignty and the Final Status of Kosovo,
80 Chi.-Kent L. Rev.
235 (2005).
This
summer, Professor Brown completed a manuscript entitled Depoliticizing
International Criminal Law which will be published by Transnational
Publishers as a chapter in a book celebrating the career of M. Cherif
Bassiouni.
Graeme
Dinwoodie has published the 2005 supplement for his casebook,
Trademarks and Unfair Competition Law and
Policy (with Mark Janis).
Professor Dinwoodie has published two chapters:
Conflicts and International Copyright Litigation: the Role of
International Norms, in Intellectual
Property in the Conflict of Laws 195 (Basedow, Drexl, Kur
and Metzger eds., 2005).
WTO Dispute Resolution and The Preservation of The Public Domain
of Science Under International Law, in International
Public Goods and Transfer of Technology Under a Globalized Intellectual
Property Regime (Maskus and Reichman eds., 2005) (Cambridge
Univ. Press) (with Rochelle Dreyfuss).
He has two forthcoming chapters:
The Story of Kellogg v. National Biscuit Company: Breakfast
with Brandeis, in Intellectual Property
Stories (Dreyfuss and Ginsburg eds.) (forthcoming 2005).
Patenting
Science: Protecting the Domain of Accessible Knowledge, in
The Future of The Public Domain (Guibault
and Hugenholtz eds.) (forthcoming 2005)(with Rochelle Dreyfuss).
Timothy
Holbrook has published his article, Substantive Versus
Process-Based Claim Construction, 9 Lewis
& Clark L. Rev. 123 (2005)."
Nancy
Marder has published two law review articles:
The
Medical Malpractice Debate: The Jury as Scapegoat, 38 Loy.
L.A. L. Rev. 101 (2005) (symposium issue).
Cyberjuries: The
Next New Thing?, 14 Info. & Comm.
Tech. L. 83 (2005) (symposium issue).
Professor
Marder contributed an article, The Jury, to Encyclopedia
of Law & Society (2005). She participated in a panel
discussion published as The New ABA Jury Trial Standards: "Innovations"
Go Mainstream?, 85 Judicature
291 (2005).
Her
book review Teaching Through Stories, is forthcoming in
___ J. Legal Educ. ___ (2005) (reviewing
Kevin M. Clermont, Civil Procedure
Stories, Foundation Press, 2004).
Her
book chapter, Why "12 Angry Men?" The Transformative Power
of Jury Deliberations, will be published in Screening
Justice (Foster, Green & Strickland eds., W.S. Hein
& Co., 2006).
Sheldon
Nahmod's article, The Pledge as Sacred Political
Ritual, has now been published in 13 Wm
& Mary Bill Rts J. 771 (2005). The 2005 update to his
treatise, Civil Rights and Civil Liberties
Litigation: The Law of Section 1983 (4th ed., West Group,
1997) was submitted to the publisher.
David
Rudstein just submitted the manuscript for the 2005 Update
to his 3-volume treatise, Criminal Constitutional
Law (with Erlinder and Thomas). It will be published in November
2005.
Professor
Rudstein's article, A Brief History of the Fifth Amendment Guarantee
Against Double Jeopardy, has been accepted for publication
in the William & Mary Bill of Rights
Journal and will appear in Volume 14, No. 1, of that journal.
His
article, Belton Redux: Re-evaluating Belton's Per Se Rule Governing
the Search of an Automobile Incident to an Arrest, will appear
in Vol. 40, Number 4, of the Wake Forest
L. Rev.
Jeffrey
Sherman has published his article, Law's
Lunacy: W.S. Gilbert and His Deus ex Lege, 83 Or.
L. Rev. 1035 (2004).
Dan
Tarlock has published a chapter, The Story of Calvert
Cliffs, in Environmental Law Stories
(Foundation Press, 2005).
Professor
Tarlock has also published an article, The Law of Later Developing
Riparian States: The Case of Afghanistan 12 N.Y.U.
Envtl. L.J. 711 (2005) (with Charles McMurray, J.D. Chicago-Kent,
2004).
Alex
Tsesis has published Understanding Destructive Messages,
7 Harv. Latino L. Rev. 141 (2005)
(essay by invitation).
Edited
by Lucy Moss
Senior Reference Librarian
Downtown Campus Library
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