DePaul University College of Law's
International Aviation Law Institute
welcomes its 2017
visiting scholar, Professor Weimin Diao, deputy
director of the Civil Aviation Law Research Center at the Civil Aviation Management Institute of China
. Planning to be at DePaul Law
until the summer, Professor Diao will conduct research in the areas of
aircraft leasing, foreign investment and air consumer protection.
Renowned for his scholarship in
international law, Professor Diao has lectured to various groups
across the world. He has spoken to CCTV, Legal Daily, and Singapore
Strait Times, among other media outlets, about topics such as
aviation safety and passenger blacklists. His publications include
“The Legal Analysis Of Civil Aviation Passenger Blacklist” (Law
Science Magazine, July 2012), “The Application of the International
Aviation Security Conventions in China” (Journal of Beijing
University of Aeronautics and Astronautics (Social Science Edition),
March 2012) and “Aviation Security in US Before and After “9/11”
and the Revelations for China” (China Civil Aviation, Feb. 2009).
In addition to his academic accomplishments, Professor Diao practices law out
of China. He serves as a lawyer at King & Partners'
Beijing office and as a mediator with the Shanghai International Economy and Trade Arbitration Commission (also known as the Shanghai
International Arbitration Center). He has advised companies including
Air China, Chongqing Airport, Wuhan Airport, Shanghai Eastern Air
Travel Agency, and the Civil
Aviation Resource Website on matters ranging from foreign
investments to air consumer protection.
DePaul University College of Law's Center for Intellectual Property Law and Information Technology (CIPLIT
) hosted the 17th
Niro Distinguished Intellectual Property Lecture and luncheon in September. The
event features notable persons in the field of intellectual property law. This year's speaker was Professor Zorina Khan
, professor of economics at Bowdoin College, who
presented on “Trolls and Other Patent Inventions.”
During the session, Professor Khan focused
on ongoing issues with the United States' patent system due to
excessive litigation and the challenges in responding to constant advancements in technology
throughout the 21st century. Her speech explored the history of
patents in America, from its relevance at the birth of the nation to
its impact on modern free market principals. She further examined at
how the patent system set up by the United States influenced the development
of other national patent systems during the 19th century
The event also paid tribute to Raymond
P. Niro Sr., who passed away earlier this year. Niro sponsored the event since its creation in 1998, and his support
was crucial in CIPLIT's ongoing efforts to analyze important legal
issues in intellectual property. Professor Bobbi Kwall, the Raymond P. Niro Professor of
Intellectual Property Law, and his son Dean Niro, who is a partner at
Niro Law, spoke about Niro's legacy as a champion of
the underdog in patent litigation.
The American Society of Law, Medicine &
Ethics and Saint Louis University School of Law recently named DePaul Associate Professor Wendy Epstein a 2016
Health Law Scholar for her work-in-progress “Price Transparency and
Incomplete Contracts in Health Care.”
The Health Law Scholars Workshop
recognizes the achievements of junior faculty in health law and
bioethics. Each year, health law professors choose four exceptional
works from emerging scholars in these fields. The honorees are
invited to Saint Louis University Law School in September to present
their pieces to a gathering of health law scholars, who will provide
feedback and guidance on the thesis. Many participants subsequently
get their articles published in notable law journals. Epstein's
fellow scholars are Rachel Sachs of Washington University in St.
Louis School of Law, Elizabeth McCuskey of University of Toledo
College of Law, and Jasmine Harris of UC Davis School of Law.
Epstein's “Price Transparency”
analyzes the issues with the use of open price term contracts for
medical services. Currently, the law permits patients to consent to
medical procedures without knowing how much they will cost, which
often causes the patient to incur significant fees and possible debt. In the
article, Epstein argues in favor of the use of “patient-provider”
contracts. Since, with rare exception (e.g. emergency care,
complicated surgeries), medical providers can readily reveal pricing
information, both parties would be better served with this openness.
In addition to “Price Transparency,”
Epstein has had articles featured in numerous journals. The Yale
Journal of Health Policy, Law, and Ethics is set to publish her
“Revisiting Incentive-Based Contracts” in a 2017 edition. Other
recent publications include “Facilitating Incomplete Contracts”
(65 Case W. Res. L. Rev. 297 (2015)), “Contract Theory and the
Failures of Public-Private Contracting” (34 Cardozo L. Rev. 2211
(2013)), and “Public-Private Contracting and the Reciprocity Norm”
(the lead article in 64 Am. U. L. Rev. 1 (2014)). Her scholarship can
be found on her SSRN page.
Epstein has been a member of DePaul’s College of Law faculty
since 2013. She currently teaches Contracts and Health Care Law and
is faculty director of the Mary and Michael Jaharis Health Law
Thomson Reuters (West) selected DePaul
University College of Law Associate Professor Michael Grynberg's article The Meaning of
Hana: The Promise of
Lexmark (39 Colum. J.L. &
Arts 41 (2015)) as one of the best intellectual property articles of
2015. It will be included in the 2016 edition of Thomson Reuters'
Intellectual Property Law Review.
Professor Grynberg's article analyzes
two recent Supreme Court decisions related to trademark law. Hana
Financial, Inc. v. Hana Bank raised issues regarding whether
trademark tacking and the “likelihood of confusion” question is a
matter of fact for juries or a matter of law for judges, as well as
highlighted the Lanham Act's limited defenses. In Lexmark
International, Inc. v. Static Control Components, Inc., the
United States Supreme Court clarified who has standing to sue for
false advertising. In the article, Grynberg acknowledges that this
decision could simultaneously lead to more false advertising
plaintiffs while also offering greater protections for trademark
Professor Grynberg was inspired to
write the article while preparing for an American Bar Association
panel about recent Supreme Court decisions on trademark law. During
his initial research, he discovered a depth to Hana,
particularly in relation to its connection to the Lexmark
decision, that could have
significant impact on intellectual property law decisions in the
A member of
DePaul's College of Law faculty since 2012, Grynberg teaches
Cyberlaw, Property, and Trademark.
Members of the first class of students in DePaul’s innovative Third Year in Practice (3YP) program will begin their intensive legal field placements at government agencies, nonprofit
organizations and corporations in fall 2016.
Following is an excerpt from a recent article about the 3YP program that appeared in Distinctions.
“3YP is the reason I came to DePaul,” says Clint Pierce. Rebekah Gonzalez agrees: “I learned about 3YP when I was researching law schools, and it’s why I decided to come here. I did not see anything
like it at other schools in the area.”
The Third Year in Practice (3YP) program allows law students to complete general course
requirements in two years and then spend their third year immersed in
the simulated and actual practice of law. 3YP students learn and
practice professional litigation and corporate skills, while working
under close supervision, at a law firm, government agency, corporation,
nonprofit organization, or any one of DePaul’s legal clinics.
is a way to attract students, for sure, but it’s also just the right
thing to do,” says David Rodriguez, the program’s director and a
clinical instructor for the Poverty Law Clinic. "The first year out of
law school is baptism by fire, as new lawyers struggle to do the work.
It’s one thing to learn theory in the classroom, quite another to apply
it on-the-job, with real-world pressures, deadlines, and expectations.
Students who’ve done 3YP can hit the ground running after
graduation—they’ll be confident and competitive.”
Read the full story
With a commitment to innovation, quality education and providing real-world experiences to students, DePaul University is opening a dedicated space at 1871
, Chicago’s prestigious entrepreneurial technology hub. The collaboration gives DePaul students, faculty members and alumni access to 1871’s programming, special events, workshops, lectures, and provides networking opportunities with industry thought leaders.
The College of Law is one of four academic units, along with the Coleman Entrepreneurship Center in the Driehaus College of Business, the College of Computing and Digital Media, and Academic Affairs, to be part of the collaboration with 1871.
“It is important for the College of Law to be a key partner in this collaboration. We recognize that law, business and technology are inextricably intertwined in today's world, and lawyers and law students need to problem solve in contexts—like the ones offered at 1871—where those disciplines all come together,” said Dean Jennifer Rosato Perea of the College of Law.
As part of University Row, DePaul joins the University of Chicago, Northwestern University, Loyola University, University of Illinois, DeVry University, and Illinois Institute of Technology at 1871. Each of the universities will participate in Campus 1871, a springtime, weekend-long event that brings together the best and brightest from each of the partner universities to create their own startups with like-minded university students.
“This partnership has been a long time coming and we are thrilled that DePaul is formally joining the 1871 community,” said 1871 CEO Howard A. Tullman. “Our partnerships with universities are one of 1871’s biggest advantages and offerings, and DePaul is a crucial addition to this fold. We look forward to welcoming people from around the DePaul family to 1871.”
Excerpted from DePaul Newsroom press release.
Illinois Attorney General Lisa Madigan has appointed Associate Professor David L. Franklin
to serve as the new solicitor general in the Office of the Attorney General. Franklin will oversee more than 40 attorneys in Madigan’s Appellate Division who work on behalf of the state, its officers and agencies. The solicitor general oversees attorneys’ work in the U.S. Supreme Court, Illinois Supreme Court and the federal and state appellate courts.
“I am thrilled to have the opportunity to work with the exceptionally dedicated and talented staff of appellate lawyers in the attorney general’s office,” Franklin said.
At DePaul, Franklin is an associate professor of law and served as vice dean from 2011 to 2014. He also is an advisor to the American Law Institute and previously was a law professor at the University of Michigan Law School, Benjamin N. Cardozo School of Law at Yeshiva University, and George Washington University Law School. Prior to academia, Franklin practiced as an associate at Covington & Burling LLP in New York.
Franklin clerked for Judge Stephen F. Williams of the U.S. Court of Appeals for the District of Columbia Circuit and for Justice Ruth Bader Ginsburg of the U.S. Supreme Court. He received his bachelor’s degree from Yale College and a JD from the University of Chicago Law School.
(JD ’84) will lead the Legal Analysis, Research & Communication (LARC) program as interim director at DePaul’s College of Law beginning in July 2016. She has served as the associate director of the program since 2007.
Pagliari was instrumental in the successful development, implementation, and coordination of the upper-level legal writing curriculum. She reformatted the legal drafting courses to focus on particular areas of practice, including civil litigation, health law, family law, business transactions, real estate and intellectual property law, among others. She also advised legal drafting instructors on syllabus and assignment development to ensure courses employ interactive teaching techniques and maximize the benefits of students' skill development in a particular practice area. As interim director, Pagliari will oversee the LARC program and will be joined by associate directors Jody Marcucci (JD ’03) and Anthony Volini.
Prior to joining academia, Pagliari was a partner at Cassiday Shade & Gloor. She has an extensive background in civil litigation, including medical malpractice, products liability and employment law litigation. She also served as professor-reporter by appointment of the Administrative Office of the Illinois Courts for its Illinois Judicial Conference Study Committee on Complex Litigation. She is licensed to practice law in Illinois and is a member of the Federal Trial Bar.
Pagliari is an active member of several academic and professional organizations and frequently presents on the topic of legal writing. She has served as chair of the legal writing section of the Association of American Law Schools and on several committees within the Association of Legal Writing Directors. At DePaul, Pagliari also serves as faculty advisor to the appellate moot court team.
She received her BA from the University of Notre Dame and her JD from DePaul.
DePaul University College of Law has named Ana
Santos Rutschman the Jaharis Faculty Fellow for academic year 2016-2017.
Rutschman will be conducting cutting-edge research at the intersection of
health law and intellectual property, specifically related to the negotiation
of intellectual property licensing in the biopharmaceutical industry during pandemic
Rutschman, an SJD candidate at Duke
University School of Law, is currently finishing a project with the World
Health Organization (WHO) that charts the licensing of intellectual property and
its effect on the response to the outbreaks of the Ebola and Zika viruses in 2014 and
2015. Her research evaluates the global response, but in particular maps the European
and American reaction times and systems. She explains that organizations, like
the WHO, are beginning to look at how intellectual property negotiations can be
streamlined to allow for faster development and deployment of medical
treatments during such outbreaks.
“The area of IP negotiations is still
underexplored, especially in terms of what are best practices in emergency
responses,” said Rutschman. “Much could be avoided if we had better blueprints
for negotiations in pandemic outbreaks like [Ebola]. The biopharmaceutical
industry traditionally acts very slowly; it generally takes at least 10 years
to develop a vaccine. ... It’s unfortunate that IP could stand in the way for
vaccines already in the pipeline when an emergency happens, like the Zika and
Rutschman discovered that, with Ebola, vaccines
were eventually passed through the system before licensing was completely
finalized. “If we can agree in advance on a set of provisions related to IP,
then we can move ahead with those contracts or agreements after the vaccines
have been pushed through the pipeline to help address emergency situations.”
During the course of her research on the
response to the Ebola outbreak, Rutschman talked to many different
organizations, some of which were not yet looking at Ebola as a case study on
the interplay between intellectual property and global responses to pandemic
outbreaks. Then, the Zika outbreak began. She explained that some of the same
organizations “rushed to map out previous alliances based on the Ebola
responses. ... Behaviors changed a lot. That was certainly some of the most
fascinating part of my work.”
In addition to her research, Rutschman will
teach a seminar on health innovation and intellectual property and a course on food
and drug law at DePaul. She also will work closely with the Jaharis Health Law Institute and the Center for Intellectual Property Law & Information Technology. She begins the one-year fellowship on July 1.
What are the benefits of developing writing skills? Professor
Susan Thrower has the short answer: Getting a job and keeping a job.
“Employers are looking for writing ability and coherent analysis
in writing, in addition to good overall grades,” she explained. Most of our
DePaul College of Law alumni would agree, along with a number of surveys of
lawyers who hire law graduates.
Thrower is the director of DePaul’s Legal Analysis, Research
& Communication (LARC) program. An eastcoast native, Thrower taught at
American University Washington College of Law and George Washington University
Law School before dedicating more than a decade to overseeing DePaul’s legal
writing program. At the College of Law, she works alongside Associate Director
Martha Pagliari (JD ’84) to help students enrich their communication skills and
The LARC experience
The College of Law’s comprehensive four-semester LARC curriculum
establishes a set of tools for students to hone legal thought and expression
throughout law school. The LARC program recognizes that writing in law school needs
to be progressive and practiced regularly, with lots of feedback along the way.
LARC I focuses on the foundational skills of synthesis, analysis,
written communication and plain-language drafting during the students’ first
semester. LARC II, taken in the second semester of the first year, expands upon
this initial instruction and includes research skills and strategy, persuasive
writing at the trial court level and reporting orally to a supervising
attorney. Both require five major writing projects, as well as a number of
The program also aligns with the College of Law’s certificate
programs by offering first-year writing sections in several concentrations. The
same skills are learned, but in the context of an area in which the student is
particularly interested–including intellectual property, family law, and public
LARC III prompts students to hone their persuasive writing
and oral advocacy skills. Students learn to write for the audience of a judge
as opposed to supervising attorney or client, and briefs are developed and
revised according to several rounds of feedback. Students present in a series
of oral arguments before their professor, the first being a trial level motion.
The last week of LARC III features an argument on an appellate
brief, for which instructors assemble a panel to replicate an appellate court argument.
“It’s far more formal and it’s a big deal to students—it always has been,”
Third-year student Jennifer James agrees. “The final oral argument
created an opportunity for me to develop the critical skill of oral advocacy,”
she said. “It gave me a chance to take my culminated work throughout the semester
and present my argument in a real simulation, including a panel of expert
Grace Barsanti, also a third-year student, echoes her sentiments.
“Had I not done an oral argument in LARC III, I might not have realized that I
really love litigation,” she said. “It was really refreshing to be able to see where all the
hard work we put into our writing assignments could actually lead, and it put
into perspective what we were researching and writing about.”
Not only are students required to take LARC I, II and III, they
also must take an upper-level writing requirement, which allows students to dig
deeper into different kinds of writing, including legal drafting or judicial or scholarly
Practicing lawyers in a leading role
For LARC III and Legal Drafting, DePaul Law takes advantage
of the talents of Chicago lawyers in a wide variety of practice areas. Students
can take a course in patent law drafting or matrimonial law, for example, and
receive guidance from experienced and practicing attorneys.
“We are always looking to have a robust pool of available adjunct
professors,” Thrower said. “We like for that pool to be varied with respect to
background, because we have a lot of disparate needs, both for LARC III and drafting.
Martha also practiced in the city and we draw on the fantastic set of contacts
Pagliari, who was previously a partner at Cassiday Schade
& Gloor in Chicago, has a background in civil litigation, concentrating in
medical malpractice, products liability and employment law. From 2008 until 2014, Pagliari
was appointed by the Administrative Office of the Illinois Courts, an arm of
the Illinois Supreme Court, as professor-reporter for its Illinois Judicial
Conference Study Committee on Complex Litigation, which made recommendations to
the Illinois Supreme Court with regard to successful practices for managing
complex civil and criminal litigation.
The cache of adjuncts—sometimes up to 60—includes practicing
lawyers from firms of all sizes, including sole practitioners and government
lawyers. Recent hires include Shankar Ramamurthy, the assistant regional counsel
for Health and Human Services and Lisa Hugé (MA ’08), a director of the Cook
County Forest Preserve. Thrower says this range of practice areas helps accommodate
changes and trends in the marketplace.
“We have many voices adding to the conversation on what
young lawyers need when they go off to practice.” The adjunct line-up showcases
the strength of the DePaul College of Law community. Alumni, including personal
injury lawyer Vince Browne (JD ’97), Illinois Appellate Court Clerk Natalie
Carlomango (JD ’98), and civil defense litigator Joe Comer (JD ’10) routinely teach these
The LARC experience emphasizes personal feedback. LARC
instructors make a point to offer office hours at times when students are not
in class. Instructors carry through with mandatory conferences during all three
semesters and drafting, meeting with students one-on one to discuss everything
from works in progress to technical questions like citations.
“From what I can tell from my national colleagues, DePaul Law
offers oodles more teacher access to students, both informally through office
hours and through structured time in the conferences,” said Thrower. “This is
something we were really intentional about when I came in and restructured the
curriculum to make sure that we were embedding these kinds of conferences into
every single semester and every LARC course.”
Jennifer Rosato Perea, Dean of the College of Law and long-time
proponent of writing across the curriculum, agrees: “the LARC program is
distinctive in its comprehensiveness to ensure that students ‘exercise’ their
writing muscle throughout law school, in its incremental building of skills to
instill confidence, and its variety of offerings by both experienced instructors and
Prepared (and confident) to enter the real world of practice
Thrower says students tend to realize the benefit of the program
when they go out into the world. Many students find that firms are
incorporating time pressured writing projects as part of the interview, and they are
ready for them because of their LARC experiences. Thrower believes they’re also
more prepared for the performance piece of the bar exam (the MPT).
“It makes sense to me to let students practice while they’re
still in school,” she said.
For example, several years ago, Thrower introduced a short
capstone exercise for LARC I that gently removes the training wheels for
students to realize their own progress and autonomy in writing and legal analysis. Through
this exercise, she witnessed a positive response from students as well as a
swell of confidence.
Much of the gratification for her and other LARC teachers
comes over time. “The gratification comes as students practice their skills in
the classroom, gain confidence in themselves, and then are able to excel in
hands-on experiences like externships and clinics. Students learn a bucket from
us and their employers recognize it.”
Professor Margit Livingston is the Associate Dean for
Research and Faculty Professional Development; Vincent de Paul Professor of
Law; and Director, Center for Intellectual Property Law & Information
Technology (CIPLIT®). Livingston teaches and writes in the areas of
intellectual property, commercial law and animal law. She has won numerous
awards for her teaching, scholarship and service, including the DePaul College
of Law Faculty Achievement Award, DePaul University Spirit of Inquiry Award
and, most recently, the 2015 DePaul University Excellence in Teaching Award.
This year, Professor Livingston was also honored as a Vincent de Paul Professor
of Law. Here she discusses what makes DePaul’s College of Law distinctive,
dynamic and dedicated.
Among your many roles at the College of Law, you serve as
associate dean for research and faculty professional development. What does
this position entail?
As associate dean for research and faculty professional
development, I wear a number of hats. I ensure that the candidates for tenure
and promotion submit their application materials in a timely manner and are
evaluated by a faculty committee. I also work with the dean and the director of
communications to promote faculty research and scholarship to the legal academic
community and the public. In addition, together with the faculty programs
committee, I attempt to foster the intellectual environment at the College of
Law by bringing in faculty members from other law schools to speak to our
faculty on cutting-edge legal topics. Also, I assist junior faculty in getting their scholarly works placed in
law reviews and other outlets.
In what ways are our professors affecting students, the
DePaul community and the legal field beyond the classroom?
My faculty colleagues have a significant impact on our
students, the DePaul community and the law in general beyond their classroom
teaching. They produce scholarly writings cited by courts and referenced by
Congress, thus having an impact on law reform. Several colleagues have
coauthored amicus briefs in conjunction with appeals to the United States
Supreme Court and the U.S. Courts of Appeal. Others serve in the role of public intellectual,
publishing essays and op-ed pieces with the New York Times, the Huffington
Post, and other media. One faculty colleague, legal writing instructor and CIPLIT member Tony
Volini, collaborated with a recent graduate, Nicholas Restauri (JD ’12) in
filing a patent application for a data center migration tracking tool. This
kind of engagement with the legal community and our alumni is an important part
of our role as law faculty.
DePaul recently introduced a faculty advising program.
How does this support the College of Law’s emphasis on mentoring?
The College of Law is committed to connecting with our
students on a one-on-one basis throughout their time at DePaul. Each first-year
student is assigned a faculty advisor who can guide that student through some
of the challenges of law school and advise him or her about course selection,
externship opportunities, networking and career building. This program is part
of our personalized attention to our law students and furthers our goal of
ensuring that our students are successful in law school and beyond.
You are director of the Center for Intellectual Property
Law and Information Technology (CIPLIT®). What are some of CIPLIT’s proudest
CIPLIT was started over 15 years ago by Professor Roberta
Kwall, who had the foresight to understand the growing importance of
intellectual property law. She created a center that serves our students,
faculty and the wider community by fostering research and scholarship in IP,
featuring nationally renowned speakers on IP topics, providing faculty and
attorney mentors for our students, and forging connections between our students
and alumni. This summer we hosted the acclaimed Intellectual Property Scholars
Conference in partnership with Berkeley, Cardozo and Stanford. Over 180 IP
scholars from across the country presented papers on the latest developments in
copyright, trademark, patent, cyberlaw and international IP. The exchange of
ideas at the conference, we hope, will stimulate further research and scholarly development in IP.
What role do our centers play in enhancing the reputation
of the law school and enriching the community?
Our centers and institutes allow us to create areas of
excellence within the law school. They bring together faculty and students who
are interested in a particular area of law, such as health law, public
interest, aviation law, cultural heritage, intellectual property and family
law. Faculty affiliated with a center or institute develop curricular
offerings, promote scholarship and research, build connections with the local
bar, and assist our students who plan careers in a particular field. Some of
our centers, such as aviation and cultural heritage, are virtually unique and
all of them have done much to enhance our national reputation.
You were recently appointed Vincent de Paul Professor of
Law. Congratulations! What does this honor mean to you?
It is a profound privilege to have been elected to the
Society of Vincent de Paul Professors. The society is composed of 32 professors
from across the university who have demonstrated outstanding teaching in core courses, have
engaged in worthwhile and significant scholarship, and have provided excellent
service to their academic unit and to the university. Except for some visits at
other schools, I have made my legal academic career at DePaul and am honored to
have my achievements recognized in this way. St. Vincent de Paul was noted, of
course, for his commitment to the poor and disadvantaged, and it is deeply
gratifying to be linked to his name.
How often do judges and juries make
“high stakes” decisions about punishment based on “faulty perceptions” about
remorse? Slate, the online current affairs and culture
magazine, recently asked this question of Professor Susan Bandes, a nationally
recognized expert on emotion and the law. Her answer: Too often. “Emotion pervades the law,” she told
Slate. “We’re so used to it that we
often don’t even see it.” She said people think they know what a
defendant’s remorse looks like because they read his facial expressions or body
language. She is convinced that those
observations, based on faulty impressions, taint sentencing decisions. In capital cases, for instance, “there is
substantial evidence that whether or not a defendant looks remorseful is one of
the main factors in determining” if a jury will sentence him to death.
Professor Bandes believes that judges
and juries often “read a defendant’s facial expressions or body language wrong,”
and that affects sentencing outcomes. “There’s
really no evidence at all to support the notion that we actually can evaluate”
a defendant’s remorse by looking at him.
In response to this interview, a number
of prosecutors, defense attorneys and judges reached out to Professor Bandes to
express their interest in this topic. At
least one judge, in fact, will be recommending continuing legal education on it
in his jurisdiction.
Read Professor Bandes's interview with Slate here.
On Friday, September 25, the College of Law welcomed Dr. Tarun Khaitan, a member of the University of Oxford law faculty, to lead a panel discussing his well-received new book, “A Theory of Discrimination Law,” just published by Oxford University Press. Also participating in the discussion were Andrew Koppelman, John Paul Stevens Professor of Law at Northwestern University, Howard Eglit, emeritus professor at Chicago-Kent College of Law, as well as DePaul’s new dean, Jennifer Rosato Perea, and DePaul law professors Sumi Cho, David Franklin, Brian Havel, and Terry Smith.
Dr. Khaitan engaged in a vigorous exchange of ideas with his fellow panelists about whether discrimination law might be the best tool for eradicating relative group disadvantage, given the apparent challenges that this kind of law faces in the United States. Dr. Khaitan also highlighted innovations in discrimination law in other liberal jurisdictions, especially Canada, South Africa, India and the United Kingdom, which address some of the concerns raised in the panel exchanges. In addition to his visit to DePaul, Dr. Khaitan will also be discussing his book at the University of Toronto law school before returning to Oxford later this week.
For further information on Dr. Khaitan’s book, which provides a theory of discrimination law based on legal doctrine from five pioneering jurisdictions including the United Kingdom and the United States, please use the following link: A Theory of Discrimination Law
DePaul University College of Law faculty members placed 20 articles in the top 50 law reviews during the 2014-2015 academic year. Their work covered a wide range of topics—from Susan Bandes’ work on emotion in evaluating proof and prejudice, to Monu Bedi’s application of the mosaic theory to social networking communications, to Zoe Robinson’s research on religious institutionalism. For a complete list of DePaul law professors and their recent scholarship, visit our faculty profile pages.
DePaul Law Faculty Articles in Top 50 Law Reviews*
- Empathy and Article III: Judge Weinstein, Cases and Controversies
DePaul Law Review (forthcoming 2015)
- Emotion, Proof and Prejudice: The Cognitive Science of Gruesome Photos and Victim Impact Statements
Arizona State Law Journal (2014) (with J. Salerno)
- Social Networks, Government Surveillance, and the Fourth Amendment Mosaic Theory
Boston University Law Review (2014)
- Safe Harbors in Tax Law
Connecticut Law Review (forthcoming 2015)
- Detrimental Reliance on IRS Guidance
Wisconsin Law Review (forthcoming 2015)
- Fiduciary Governance
William and Mary Law Review (forthcoming, 2015) (with P. Miller)
- Consumer Protection in the Age of Big Data
Washington University Law Review (forthcoming 2016)
- Judicial Deregulation of Consumer Markets
Cardozo Law Review (2015)
- The Incoherence of Bargaining Power in Contract Law
Wake Forest Law Review (2014) (with M. Helveston)
Daniel I. Morales
- Crimes of Migration
Wake Forest Law Review (2015)
- New York Times v. Sullivan at 50: Despite Criticism, the Actual Malice Standard Still Provides ‘Breathing Space’ for Communications in the Public Interest
DePaul Law Review (2014) (with J. Lewis)
- Lobbying in the Shadows: Religious Interest Groups in the Legislative Process
Emory Law Journal (2015)
- The Contraception Mandate and the Forgotten Constitutional Question
Wisconsin Law Review (2014)
- What is a “Religious Institution”?
Boston College Law Review (2014)
- Constitutional Personhood
George Washington Law Review (forthcoming 2015)
- The Failure of Mitigation
Hastings Law Journal (forthcoming 2014) (with R. Smith & S. Cull)
- Bias in the Shadow of Criminal Law: The Problem of Implicit White Favoritism
Alabama Law Review (forthcoming 2015) (with R. Smith & J. Levinson)
- The Family Unit in the Age of Religious Institutionalism
University of Illinois Law Review (forthcoming 2016)
- Intent in Disability Discrimination Law: Social Science Insights and Comparisons to Race and Sex Discrimination
University of Illinois Law Review (forthcoming 2016)
- Accidentally on Purpose: Intent in Disability Discrimination Law
Boston College Law Review (forthcoming 2015)
* Top 50 Law Reviews as listed in the Washington and Lee University School of Law Library “Law Journal Rankings Project” for 2014.
DePaul University College of Law received first place in three program categories—clinical programs, joint JD/MBA and Master of Laws (LLM)—in the Nation
al Law Journal’s Best of Chicago 2015 Reader Rankings.
“These survey results reflect the breadth of DePaul’s distinctiveness—from experiential learning in the Chicago community, to strong joint programs with a nationally renowned university, to LLM programs in fields where DePaul is well-known,” said Dean Jennifer Rosato Perea. “We continue to define DePaul Law with these excellent programs, and are proud to be recognized by NLJ’s readers.”
This is the second consecutive year that readers rated DePaul’s clinical and LLM programs as No. 1 in Chicago. The JD/MBA program moved up to first place from third in last year’s survey. More than 1,400 readers voted in nearly 80 categories in the 2015 survey.
DePaul’s nine clinical programs provide students with community-based service opportunities and hands-on learning experiences outside the classroom. The clinical program areas include asylum and immigration law, civil rights, criminal appeals, family law, housing law and community development, mediation, misdemeanors, poverty law, and technology and intellectual property.
Offered jointly with DePaul’s Kellstadt Graduate School of Business, the JD/MBA program prepares students to be effective leaders and problem-solvers in the areas of law and business. The College of Law also partners with several other colleges at DePaul to offer joint degree programs in international studies, computer science and public service management.
DePaul’s LLM programs focus on the areas of health law, intellectual property law, international law and taxation. The programs are designed to provide foreign-trained lawyers and graduates of non-U.S. law schools with an understanding of the U.S. legal system, as well as to provide U.S. lawyers and law graduates with expanded knowledge and training.
DePaul University College of Law ranks in the top third of U.S. law schools (64th) in a recent study measuring the scholarly impact of law faculties.
Professor Gregory Sisk and colleagues at the University of St. Thomas School of Law conducted the 2015 study, which uses the “Scholarly Impact Score” developed by Professor Brian Leiter at the University of Chicago. The scholarly impact ranking is calculated from the mean and median of total law journal citations by tenured faculty over the past five years.
The study also notes the 10 most cited scholars for each ranked law school. The most cited DePaul law faculty members include Susan Bandes, Sumi Cho, David Franklin, Patty Gerstenblith, Andrew Gold, Roberta Kwall, Joshua Sarnoff, Jeffrey Shaman, Stephen Siegel and Mark Weber.
"DePaul faculty continue to be distinctive in the breadth and quality of their scholarship," said Dean Jennifer Rosato Perea. "It's great to see that distinction recognized nationally!"
On August 6 and 7, the Center for Intellectual Property Law & Information Technology (CIPLIT) will host the annual Intellectual Property Scholars Conference
at the DePaul Center, 1 E. Jackson Blvd., Chicago.
What began as a gathering of 13 professors at DePaul in 2001 has evolved into a collaborative, intercollegiate effort with nearly 200 scholars attending and presenting each year.
Scholars present on a wide range of topics under the umbrella of intellectual property law. The conference format is designed to facilitate free-ranging discussion and to help scholars hone ideas. Papers presented are works-in-progress and open to peer commentary and critique. Participants also have the opportunity to learn from their peers, high-caliber scholars.
“I'm especially looking forward to this year's IPSC because it is the 15th anniversary of the conference, and the first plenary session will address the evolution of IP scholarship during the last 15 years,” said Professor Margit Livingston, CIPLIT director. Among this year's presentations, Professor Livingston noted a trend toward more internationally focused works as well as more interdisciplinary ones.
The annual conference is co-sponsored by the Berkeley Center for Law and Technology, UC BerkeleyBoalt Hall School of Law; the Intellectual Property Law Program, Benjamin N. Cardozo School of Law; the Center for Intellectual Property Law and Information Technology, DePaul University College of Law; and the Stanford Program in Law, Science and Technology, Stanford Law School.
Jennifer Rosato Perea joined DePaul on Jul 1, 2015. Rosato Perea comes to DePaul from Northern Illinois University College of Law, where she has been the dean since 2009. Rosato Perea is an active voice in the national dialogue about legal education. She serves on the Illinois State Bar Association Task Force on Legal Education and Student Debt and the Association of American Law Schools Membership Review Committee. She also formerly chaired the Association of American Law Schools New Law Teachers Conference. As one of a small number of Latina law school deans in the country, Rosato Perea strives to enhance diversity and inclusion in the legal profession. In recognition of her efforts, she received the Distinguished Leadership Award from the Illinois Secretary of State, the Vanguard Award from the Hispanic Lawyers Association of Illinois, and the National Latino Law Students Association Leadership Award in Education and Advocacy.
Dialogue sat down with Dean Rosato Perea to discuss her ideals and aspirations for the College of Law. This interview originally appeared in the Summer 2015 issue of Dialogue. Read the full interview here.
Q. What aspects of DePaul most appealed to you in deciding to pursue the deanship?
My interest in DePaul goes way back. I’ve known DePaul for a long time and was always attracted to its reputation – the reputation of its faculty, known locally, but also nationally and internationally. For a regional school, it’s an amazing asset to have a faculty of such breadth and depth in quality. The specialty programs are another strength. Before becoming a dean, I was a health law teacher and scholar, so I knew about the national reputation and the quality of the health law program here at DePaul. I knew many of the professors in that program and I thought it was very reflective of the entire faculty’s excellence. When I started the deanship at NIU and began working among Chicago lawyers, I learned about DePaul’s alumni and their strength and leadership in the community and, even though it was out of one corner of my eye, I saw how much dedication the alumni had to the law school. Those were three things that attracted me to DePaul.
Q. What do you think is most exciting about this opportunity?
I really am looking forward to the opportunity to work with the faculty, the law school administration and the university in helping to plan DePaul law’s future as sustainable and dynamic and to enhance its reputation. I look forward to leading initiatives to achieve those ends. During this critical time in legal education and the legal profession, it’s really important for law schools like DePaul to think about and build on what’s distinctive about the school—to leverage those particular strengths and the uniqueness of the law school and the university.
Last, but certainly not least, I’m really interested in engaging with students and helping them be successful—helping them get jobs, helping to train them for the legal profession as well as other professions in which their law degree can be a wonderful asset. I’m really looking forward to getting them well-placed in their careers and well-mentored before they graduate.
Q. You mentioned that distinction is important for law schools. What strikes you as distinctive about DePaul?
I think those distinctions are, in part, determined by us as a community. Some of the bright lights, the spotlights I already see include specializations that are very well known and have wonderful reputations, like intellectual property, health law, international law and aviation law. Another strength that we have is our university. The university is a tremendous resource. I believe we can attain a mutually rewarding partnership, where we can also reflect the Vincentian mission—which is very important—the charity, generosity, the dignity and respect for others. The mission really does infuse all that we do at the university and at the law school. Not only is it distinctive, but I think it is a real guiding principle for a lot of folks that I’ve talked to. More specifically, I think public service—both the public service mission and what we’re already doing in the community—can be deepened and strengthened, especially in light of the university’s mission and current strategic plan.
I do think that our recently adopted 3YP [Third Year in Practice] and Preparing to Practice (P2P) programs are distinctive ways that we’re really being proactive about helping our students succeed with action, not just encouragement. I think we can do a lot more with our distinctions in strategic ways, such as tapping into our alumni base to get more engaged with the law school, to work with our students, to work with our administration, to really strengthen those relationships.
Q. What will be your priorities in the first year as dean?
First, I’m going to be listening. I’m going to meet with every faculty and staff member in the law school and talk about their hopes and dreams for DePaul Law. At the same time, I will be working on a strategic planning process with the faculty and the university and other constituencies, to build a strong future for DePaul, to build on its foundation, its strengths and to develop a consensual movement toward some of those priorities and some of the ways that DePaul can be distinctive.
I think it’s really important to put students first and to make sure our students are the most marketable, that they have the best opportunities and that our law school is as attractive as it can be in a very competitive market. And all those things of course go together. Last, but certainly not least, I will engage with the community, the outside community, talk to alumni, talk to leaders of the bar, talk to the law firms about how we can engage better with them. I would like to connect with legal service organizations and those that serve the indigent in our community to see how we can maybe partner in strategic ways to help not just our students and DePaul, but also the community and have more impact there.
Q. What are your hopes for DePaul over the next five years?
It’s hard to be particular at this point, but in more broad and aspirational terms, I would like to enhance DePaul’s reputation, regionally and nationally. And I don’t just mean U.S. News rankings, because that’s only one way of considering reputation. I think it’s really important both to build internally on the quality of our programs and the human resources, and also to make sure that everybody knows all the great work that we’re doing and the impact that we’re having. It’s in part my job, as an ambassador of the law school, to make sure that our reputation is matched more proportionally to the quality that we already have and that we’re building.
I want to admit more smart and engaged students to our community over these next five years. And, as I mentioned before, I’d like to go into the colleges and the high schools to also recruit the next generation of law students. I would like to build on impactful public interest work that will increase access to justice. We can’t do everything, but I think there are some initiatives that we can probably seed and start to grow in the next five years, to have an even greater impact and footprint in Chicago, and particularly in assisting the indigent and others who need legal services.
I’d like to put the spotlight on—this all continues from what we were talking about earlier—some program areas or points of pride. This means identifying those areas, and also strategically targeting resources (of all kinds) to those points of pride and building on them in the next five years. And my biggest hope and aspiration is a fulfilling job for every graduate who desires one.
University College of Law will hold its commencement May 17 at the
Rosemont Theatre where some 280 students will receive their Juris
Doctors or Master of Laws degrees. The Rev. Dennis H. Holtschneider,
C.M., president of DePaul, will confer the degrees. M. Cherif Bassiouni,
DePaul emeritus professor of law, will address the graduating class.
The ceremony is scheduled to begin at 1:30 p.m.
who will receive an honorary degree at the ceremony, has spent much of
his life’s work advocating for human rights and practicing international
criminal law. In his 50 years with DePaul, he co-founded the
International Institute of Higher Studies in Criminal Sciences and
DePaul’s International Human Rights Law Institute. For decades, the
United Nations has chosen Bassiouni to conduct investigations when
heinous human rights crimes were suspected. His contributions to the
establishment of an International Criminal Court, where those who commit
crimes against humanity are now prosecuted, earned him a Nobel Peace
Prize nomination in 1999.
Bassiouni will be introduced by Bruce Ottley, interim dean of the College of Law.
its establishment in 1912, the College of Law has graduated more than
19,000 students. DePaul law graduates have gone on to become highly
skilled, committed and vigorous leaders of the bar, bench and business
industries. Alumni include numerous state and federal judges, three
Chicago mayors and managing partners of dozens of major law firms.
rich history of quality education, access and diversity has long set
the College of Law apart. DePaul was among the first law schools in
Illinois to admit historically excluded groups such as female and Jewish
The college is home to distinguished
centers and institutes that are dedicated to teaching, research,
advocacy, and public education and engagement across a wide range of
disciplines. Distinctive educational opportunities for students include
joint degrees, certificate programs and experiential learning taught by
36 full-time faculty members who are all accomplished attorneys.
of concentration for the College of Law include business law and
taxation; child and family law; criminal law; health law; intellectual
property law and information technology; international and comparative
law; and public interest law.
In 2014, the
National Law Journal placed DePaul’s College of Law first for Best LLM
Program and Best Law School Clinical Program in Chicago. DePaul has had
the largest number of graduates on the Illinois Super Lawyers list for
the past six years.
This July, the College of
Law will welcome Jennifer Rosato Perea, a nationally recognized leader
in legal education, as dean. Throughout her 25 years in higher
education, which includes 11 years as a law school administrator, Rosato
Perea has been an active voice in the national dialogue about legal
education. At DePaul, Rosato Perea will lead a law school recognized for
its world-renowned faculty and innovative academic programs.
the Class of 2015 is Amanda Moncada, an ambitious Latina from Chicago
with plans for a career in corporate law. Read her story.
The Rosemont Theater is located at 5400 N. River Road, Rosemont. Those unable to attend may watch a live stream of the event. Click on the word “webcast” once the ceremony begins.
ceremonies for DePaul’s nine other colleges and schools are scheduled
for June 13 and 14. For additional information, including a list of
speakers and honorary degree recipients, visit http://depaulne.ws/DPUcommencementspeakers2015.
spring marks the 117th commencement for DePaul University. An estimated
6,700 students will graduate this academic year. DePaul is the largest
Catholic university in the United States and the largest private,
nonprofit university in the Midwest, with nearly 24,000 students and
about 300 academic programs.
founded in Chicago in 1898 by the Congregation of the Mission
(Vincentians), a Roman Catholic religious community dedicated to
following the ideals of St. Vincent de Paul, the 17th century priest for
whom the university is named. DePaul’s tradition of providing a quality
education to students from a broad range of backgrounds, with
particular attention to first-generation students, has resulted in one
of the nation’s most diverse student bodies. More information is at depaul.edu.
Story courtesy of the DePaul Newsroom.
DePaul University has
selected a nationally recognized leader in legal education as dean for the
College of Law. Jennifer Rosato Perea, an accomplished scholar in family law,
bioethics and civil procedure, will join DePaul July 1.
Throughout her 25 years
in higher education, which includes 11 years as a law school administrator,
Rosato Perea has been an active voice in the national dialogue about legal
education. She currently serves as the dean of the Northern Illinois University
College of Law, a post she has held since 2009, and served as the acting dean
of the Drexel University Thomas R. Kline School of Law during its first year of
operation in 2006.
“DePaul is gaining a
dynamic and innovative law school administrator with a stellar academic career,”
said David Miller, interim provost at DePaul University. “Highly respected by
her peers, Jennifer brings extensive administrative experience and a deep
understanding of the current challenges faced by law schools and the legal
Rosato Perea’s legal
career began with a passion for working with abused children. She felt she
could make the biggest difference by becoming a lawyer. She clerked for the
Honorable Thomas N. O’Neill Jr. of the United States District Court, Eastern
District of Pennsylvania before becoming an associate with Hangley, Connolly,
Epstein, Chicco, Foxman & Ewing in Philadelphia. Today, she is a
sought-after public speaker and has published extensively on diverse legal
issues that affect children and families.
In addition to her
legal scholarship and practice, Rosato Perea was associate dean of students at
two universities. She spent 14 years on the faculty at Brooklyn Law School, and
in her later years was a co-director of the Center for Health, Science and
Public Policy and associate dean of students. She also served as associate dean
of students at the Drexel University Thomas R. Kline School of Law from 2007 to
2009. She has held teaching positions at the University of Pennsylvania, New
York University and Villanova University.
“My own academic career started with a
love for teaching, and I am thrilled to lead a college with a strong commitment
to excellence and innovation in educating law students,” Rosato Perea said. “I
look forward to working with DePaul’s distinguished faculty and dedicated
staff, and to contribute to the impressive work that is taking place at the
college and university. DePaul's social justice mission and long history with
public interest law fit perfectly with my personal and professional values."
As one of a small number of
Latina law school deans in the country
and the first in her family to attend college, Rosato Perea strives to enhance
diversity and inclusion in the legal profession. She presents extensively on
implicit bias and its effects on diversity and inclusion. In recognition of her
efforts, she received the Distinguished Leadership Award from the Illinois
Secretary of State, the Vanguard Award from the Hispanic Lawyers Association of
Illinois, and the National Latino Law Students Association Leadership Award in
Education and Advocacy.
Under her leadership at
Northern Illinois University, the law school earned national recognition for
diversity, value and public service. Rosato Perea doubled opportunities for
experiential learning, including launching a clinic in health advocacy and
dramatically expanding student externship opportunities, especially in Chicago.
She led the development of a mentoring program for first-year students, pairing
almost the entire class with alumni and other lawyers, and initiated a
first-year professionalism program required for graduation. She also
collaborated with areas across the university to create accelerated degree
programs, allowing students to earn a bachelor’s and law degree in six years or
Rosato Perea earned her
bachelor’s from Cornell University and her law degree from the University of
Pennsylvania Law School. She was the editor-in-chief of the University of
Pennsylvania Journal of International Business Law and won the Edwin R. Keedy
Moot Court Competition. She is a member of the Association of American Law
Schools Membership Review Committee and the Illinois State Bar Association Task
Force on Legal Education and Student Debt. She formerly served as chair of the
Association of American Law Schools New Law Teachers Conference.
At DePaul, Rosato Perea
will lead a law school recognized for its world-renowned faculty and innovative
academic programs with creative approaches to professional skills training. In
2014, the National Law Journal placed DePaul’s College of Law first for Best
LLM Program and Best Law School Clinical Program in Chicago. DePaul has had the
largest number of graduates on the Illinois Super Lawyers list for the past
Congregation of the Mission (Vincentians) founded DePaul University in 1898.
The university follows the ideals of St. Vincent de Paul, a 17th century French
priest for whom the school is named. With nearly 24,000 students and about 300
academic programs, DePaul is the largest Catholic university in the United
States and the largest private, nonprofit university in the Midwest.
DePaul’s tradition of providing a quality education to students from a
broad range of backgrounds, with particular attention to first-generation
students, has resulted in one of the nation’s most diverse student bodies. More
information is online at depaul.edu.
Photo and release available at http://depaulne.ws/RosatoPerea.
endowment at DePaul University College of Law will expand and strengthen
scholarly and educational programs in an area where two dynamic legal fields
are increasingly intersecting — intellectual property and health law.
The $5 million endowment established by the Jaharis
Family Foundation, Inc., will create an endowed directorship for the college’s
Health Law Institute
; fund a faculty fellowship program for scholars to create
and disseminate scholarship and curricula at the intersection of intellectual
property and health law; and support a competitive internship program for up to
20 student scholars committed to practicing intellectual property and health
DePaul’s intellectual property and health law
programs are nationally ranked by U.S. News & World Report. The specialty
programs are supported by the work of the Center for Intellectual Property Law & Information Technology and the Health Law Institute. As discoveries and
innovations in fields such as genomics, nanotechnology and pharmaceuticals have
accelerated, intellectual property challenges and issues have created a demand
for lawyers with credentials and expertise across these areas.
The endowment will support the addition of
curricula and research into interdisciplinary issues such as the law and
economics of drug development for impoverished groups of afflicted individuals,
and the nexus between patent law, pharmaceutical regulation and cross-border
Michael Jaharis, a graduate of DePaul’s College of
Law (’58), is the founder of several pharmaceutical companies. For decades, his
wife Mary and he have generously supported students and programs at DePaul
University’s College of Law. In recognition of their support, the Health Law
Institute will be re-named the Mary and Michael Jaharis Health Law Institute.
Professor Wendy Netter Epstein recently was appointed
the College of Law Jaharis Faculty Fellow. Epstein, who is a faculty leader of
DePaul’s Health Law Institute, has worked on curricular advances in these
important fields for the College of Law and in partnership with Rush University
Medical Center and Rosalind Franklin University of Medicine and Science.
She also has developed a health law colloquium to
promote discussion between students and scholars on a range of modern issues in
health law. Epstein’s research and scholarship focuses on contracts and health
care law, using an interdisciplinary approach to bridge the divide between
theory and practice. Her work most recently has appeared or is forthcoming in
Cardozo University Law Review, American University Law Review and Case Western
Reserve Law Review.
“As advances in medicine are brought to market, the
interaction of health law and intellectual property will become more and more
important to all of us,” said the Rev. Dennis H. Holtschneider, C.M., president
of DePaul University. “The new endowment will promote academic excellence and
leadership in those important and dynamic fields.”
DePaul University College of Law and Loyola University Chicago School of Law will sponsor the first annual Chicago Health Law Colloquium beginning in the spring 2015 semester. DePaul and Loyola have invited six nationally renowned health law scholars to Chicago to present and discuss their current research projects. Colloquium participants will include health law faculty from Chicago-area schools and prominent health law practitioners, as well as DePaul and Loyola students selected as Chicago Health Law Colloquium Fellows.
The colloquium offers students an opportunity to advance their understanding of cutting-edge topics in the areas of health law and bioethics in a forum that goes beyond traditional classroom-based learning, bringing together Chicago’s educational and professional communities.
Spring 2015 Chicago Health Law Colloqium Scholars and Topics:
- Michael Frakes
Associate Professor, Northwestern University School of Law
“The Surprising Relevance of Medical Malpractice Law”
- Ralph Hall
Professor of the Practice, University of Minnesota School of Law
“Role and Regulation of Registries and Big Data”
- Diana Hyman Winter
Associate Professor and Dean’s Fellow, Indiana University McKinney School of Law
“Primary Jurisdiction and the FDA”
- Thaddeus Pope
Associate Professor, Director of Health Law Institute, Hamline University School of Law
“Titrating Due Process for the Most Vulnerable: Medical Decision Making for Incapacitated Patients without Surrogates”
- Valerie Gutmann Koch
Visiting Assistant Professor, IIT Chicago-Kent College of Law
“A Private Right of Action for Informed Consent in Research”
- I. Glenn Cohen
Assistant Professor, Co-Director of Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics, Harvard Law School
“Are All Abortions Equal? Rape, Incest, and Abortion”
DePaul Professor Wendy Netter Epstein and Loyola Visiting Professor Eleanor D. Kinney are the lead faculty for the colloquium. Up to eights students will be chosen for Colloqium Fellowships. Students interested in applying must submit a Chicago Health Law Colloquium Application by November 10.
On September 22, Distinguished Research Professor and Co-Director of the International Aviation Law Institute Michael S. Jacobs presented the Drew and Napier Distinguished Talk in Singapore about "Three Hot Topics at the IP/Antitrust Intersection." The attendees were members of the local antitrust bar, antitrust and sectoral regulators, and in-house counsel for multi nationals. Drew and Napier is the preeminent competition law firm in Singapore, and one of the country's four so-called "legacy" firms, in existence prior to Singaporean independence.
From September 23 through October 2, Professor Jacobs taught a course in the fundamentals of IP law and Antitrust to student-delegates from around the world brought here at the invitation of the Ministry of Foreign Affairs, pursuant to the Singapore Cooperation Program. The delegates come from countries as small as Kiri Das and Bhutan, as large as Russia, Mexico and Egypt, and also include people from Namibia, Uganda, Malawi, West Timor, Chile, Sri Lanka and other countries as well.
October 1, Jacobs spoke for two hours with lawyers and economists at the Competition Commission of Singapore about the legal and economic treatment of Most Favored Nation clauses, certain kinds of distribution arrangements and reverse payment settlements of patent disputed in the pharmaceutical sector.
International Aviation Law Institute Director Brian Havel participated in a workshop marking the 10th anniversary of the European Union's air passenger rights legislation. Held in Bruges, Belgium on September 27, the workshop was co-organized by the Institute of European and Comparative Law at the University of Oxford and the College of Europe in Bruges.
The workshop featured national reports from many EU Member States on the implementation of the EU legislation over the past decade. Professor Havel presented the only non-EU report, discussing creative efforts by U.S. lawyers to try to apply the EU legislation extraterritorially in U.S. courts and also surveying the spread of "copycat" legislation throughout the world.
Co-chair of the workshop, Professor Jeremias Prassl of Magdalen College, Oxford, is a frequent participant in the institute's activities. He has contributed a number of pieces to Issues in Aviation Law & Policy, the institute's academic journal, and has taught the law of EU air passenger rights in the Institute’s advanced seminar in international aviation law.
The Chicago Daily Law Bulletin discussed the work of students and instructors in DePaul's Asylum & Immigration Law Clinic in the article "Helping family trees plant roots at DePaul clinic."
The story specifically highlights the work of Immigration Advocacy Clinic students Geraldine Arruela, Cordia Perez, Ana Valenzuela and Katerin Zurita, who, along with supervising attorney Sarah Diaz, recently published "Unequal Protection: Disparate Treatment of Immigrant Crime Victims in Cook, the Collar Counties & Beyond." This report identifies discrepancies among certifying agencies in U-visa certification policy and practice and provides recommendations which would better align the policies and practices of those agencies with the purpose and intent of the federal U-visa scheme. The U-Visa provides eligible victims with nonimmigrant status in order to temporarily remain in the United States while assisting law enforcement.
Download report: "Unequal Protection: Disparate Treatment of Immigrant Crime Victims in Cook, the Collar Counties and Beyond"
Download "Helping family trees plant roots at DePaul", which appeared in the Chicago Daily Law Bulletin on October 24, 2014.
An audience of leading aviation lawyers and policymakers gathered in London on September 11 to celebrate the publication of International Aviation Law Institute Director Brian Havel's new book (co-authored with Gabriel S. Sanchez), “The Principles and Practice of International Aviation Law,” published by Cambridge University Press.
The event was hosted by Quadrant, one of the UK’s top barristers’ chambers specializing in aviation and maritime law, in the main hall of their historic Fleet Street headquarters. After an introduction by Robert Lawson, Q.C., Professor Havel spoke on the autonomy of international aviation law as an academic discipline. He also briefly surveyed some recent topical issues in the field including the double Malaysian Airlines tragedies, Russian restrictions on overflights and the attempt by a Norwegian airline to set up an Irish low-cost subsidiary to fly routes to the United States from other EU countries.
Finishing on a somewhat lighter note, Professor Havel weighed up the respective legal rights of passengers who wish to recline their seats and passengers behind them who use anti-recline “knee defender” devices. All of these issues, he concluded, can be analyzed within the framework of his new book.
After the closing gavel of DePaul’s fifth annual Hon. William J. Bauer Moot Court Competition, the Appellate Moot Court Society announced its newest members for the upcoming spring moot court competition season.
The competition was held at the Everett M. Dirksen Federal Courthouse, which houses the U.S. District Court for the Northern District of Illinois as well as the 7th Circuit U.S. Court of Appeals. Open only to DePaul’s upper-level students, the intramural competition functions as an audition for membership in DePaul’s Appellate Moot Court Society. This academic honor allows students to represent the law school in national competitions throughout the country.
“Not only is the competition a great tradition made possible by one of our most accomplished alumni, but it also allows participants to put their skills to work and exhibit their talents when it comes to written and oral advocacy at the appellate level,” said John O’Donnell, the society’s vice president in charge of recruitment and the administrator of this year’s competition. “We were really impressed with everyone’s performance, and we are excited to have been able to add a diverse and talented group of individuals to our team, which should help make for a successful spring.”
The society’s newest second- and third-year student members are:
- Tim Bingham
- John Dark
- Rachel Dickson
- Evan Finneke
- Timothy Furman
- Brad Jarka
- Elizabeth Kiggins
- Peggy Liu
- Jaclyn McCaffery
- Zachary Peasall
- Philipp Ruben
- James Snodgrass
- Catherine Van Duys
- Margaret Walsh
- Cherrisse Woods
- Matthew Zuziak
Cherrise Woods and Zachary Peasall emerged victorious over John Dark and James Snodgrass in the final round, which was paneled by Judge William J. Bauer (LLB '52), Judge Warren Wolfson and Interim Dean Bruce Ottley. Best Brief and Best Oralist awards were given to Brad Jarka and Tim Bingham respectively.
"We were able to add some fantastic talent to our team this year, and none of that would have been possible without John’s [O'Donnell] hard work," said Kevin Sheehan, the society’s 2014-15 president. "Carrying on this tradition is a huge responsibility, and he did an amazing job."
International Aviation Law Institute Director
Brian Havel and Adjunct Professor Dean Gerber addressed the University of Oxford's third annual academic conference on the Cape Town Convention and its attached protocol on aircraft corporate financing.
The convention, which has had a major impact on the multibillion dollar aircraft purchasing and leasing sector, facilitates the registration of international security interests in mobile equipment such as aircraft.
Professor Havel discussed the potential consequences of the fact that national courts will be responsible for interpreting and applying the provisions of the convention and the aircraft protocol, both of which lack independent international mechanisms to settle disputes between private investors and the participating States.
Warning against a process of “re-nationalization” by local courts of the provisions of the convention and protocol, he called for the creation of international arbitration panels that would displace national courts in resolving investor/state disputes under the Cape Town Convention system.
Gerber, who is the author of several key texts in this field and chairs the aircraft corporate finance group at Chicago law firm Vedder Price, teaches the Institute's International Aircraft Finance Law course.
The conference was held at Oxford's Faculty of Law on September 10.
DePaul's International Aviation Law Institute
welcomed 3,000 delegates to the 20th World Route Development Forum with
an exhibit on civil aviation's landmark Chicago Convention treaty, a
high-level panel discussion on the future of airline regulation, and an
address predicting the look of aviation in 2044.
Held September 20 to 23, 2014, at Chicago's McCormick Place, the
event brought together the largest range of airlines, airports, tourism
authorities, civil aviation authorities and other stakeholders
worldwide. This year's forum was held in Chicago to commemorate the 70th
anniversary of the Chicago Convention, the treaty that established the
International Civil Aviation Organization and governs the conduct of
international civil aviation.
To commemorate the Chicago Convention's 70th anniversary, visitors to
the exhibit hall were greeted by IALI's welcome pod, containing
historic film and video of the conference that created the Convention in
1944. At the pod's center was an original signed Chicago Convention,
which was donated to one of our professors by the U.S. Department of
State. Staffing the pod and greeting visitors is IALI Founding Director
and Professor Brian Havel, IALI Executive Director Steve Rudolph, FedEx/United Airlines Resident Research Fellow John Mulligan, and third-year law student Dan Ross, symposium editor of the DePaul Law Review.
On Sunday, September 21, Professor Havel moderated "Getting 'Smart' About Regulation: The
Regions Have Their Say," a panel discussion centered on the viability
of the International Civil Aviation Organization (ICAO) in an age of
regionalism. Primary topics included whether the era of multilaterial
regulation via ICAO is fading and if future civil aviation regulation
should take place at the regional level. The panel members were Vijay
Poonoosamy, vice president of international and public affairs, Etihad
Airways; IALI advisory board member Sandra Chiu, president, Centre for
Aviation Policy and Economics; Sebastian Mikosz, CEO, LOT; and Jeremy
Robinson, legal director, Hill Dickinson LLP (London).
Following the panel discussion, John Byerly, IALI advisory board
member and former deputy assistant secretary of state, presented
"Aviation in 2044 -- 100 Years After the Chicago Convention," a look 30
years into the future of civil aviation. Byerly offered his insights
from the perspective of a long career as a U.S. diplomat, during which
he became the architect of many of the world's Open Skies air transport
DePaul Distinguished Research Professor Patty Gerstenblith, director of the Center for Art, Museum, & Cultural Heritage Law, was quoted in a Boston Globe article
discussing the recent return of eight artifacts to Nigeria by the Museum of Fine Arts in Boston.
The artifacts include a 2,000-year-old terra-cotta head and were
given to the MFA in a 2013 bequest by collectors William and Bertha
Teel, longtime supporters of the museum. The decision to return the
eight artifacts was the culmination of 18 months of research, driven by
Victoria Reed, who was appointed the first full-time museum curator of
provenance in the United States by the MFA in 2010.
Gerstenblith praised the MFA's actions as "out-front," and more
involved than measures taken by peer museums. The MFA now voluntarily
and rigorously researches object histories and, if one is determined to
be questionable, will find a way to make amends.
Gerstenblith also was quoted in an AP News article
regarding the recent discovery of thousands of artifacts in the home of
a 91-year-old man in rural central Indiana. The FBI's Art Crime Team is
investigating, but whether any laws had knowingly been broken remains
to be seen. As Professor Gerstenblith noted, "[s]tate, federal and
international laws are involved," and "[m]uch depends on whether objects
are considered stolen or were imported with a license."
In addition, Gerstenblith discussed the difficulties faced by nations
making claims for the return of cultural artifacts in a recent ABA
Journal article. The piece also cites an article originally published in the DePaul Journal of Art, Technology & Intellectual Property Law.
Earlier this year, the College of Law
announced the creation of a Third Year in Practice Program (3YP) and a
three-year JD/LLM degree. The new programs build on DePaul’s strengths
in practical skills training as well as several specialty areas, while
offering incoming students new opportunities to tailor their education
to meet the needs of a changing legal market.
Dialogue interviewed Professors Zoë Robinson and Allison Tirres, two faculty members who were involved in crafting DePaul’s three-track JD model, to learn more about the initiative.
Q. What inspired the three-track program concept?
Robinson: I am fortunate to be part of a small group of faculty who
have been working to develop programmatic initiatives that both give our
students more choice in how they pursue their legal education while at
DePaul, and also help develop skills that will set them apart from other
graduates in the job market.
The three track-track concept was a way of meeting the various
demands from students and employers for practical legal education,
increased faculty contact and mentoring, more opportunities to engage in
in-depth legal writing and analysis, and focused training in a
specialized area of the law. By offering a traditional JD option, a
third year in practice option, and a three-year JD/LLM option, we can
meet these demands and offer students a choice about how to conduct
their legal education.
Q. How will the new JD options appeal to students?
Robinson: I think that the three-year JD/LLM will appeal to those
students who wish to practice in one of DePaul’s areas of specialty:
health law, tax law, international law and IP law. The program offers
students the chance to graduate with two degrees in the time it usually
takes to complete the stand-alone JD. Yet, more than that, it offers
students the chance to work intensively in one specialized area
alongside uniquely qualified faculty members who will act as mentors to
The 3YP option will appeal to those students that wish to experience
the practice of law prior to graduation, and who want to experience a
handful of practice areas before deciding where they will ultimately end
up after graduation.
Q. What has been the response to the announcement of the new programs?
Tirres: The response to these initiatives from our various
constituents—prospective and current students, alumni, and faculty—has
been overwhelmingly positive. During our admitted student events, for
example, students asked lots of questions about the 3YP program and
seemed very excited about it. Current and prospective students are happy
about the opportunity to specialize further by pursuing an LLM without
having to devote an entire year to the endeavor. I think students are
interested in programs that allow them to structure their law school
experience in light of their professional goals.
Q. How is the program unique to DePaul?
Tirres: No school that I know of has this particular combination of
offerings. Some schools offer intensive field placements, but not with
the structure and organization of our 3YP program. Some offer the
combined JD/LLM, but not necessarily in the reduced time frame that we
are providing. DePaul is also fortunate to be located in a wonderful,
thriving city with plentiful educational opportunities for our students.
Over the years, we have built strong networks throughout the city.
Our Asylum & Immigration Law Clinic, for example, has
partnerships with more than 25 community-based organizations. Such links
provide excellent opportunities for our students and I think they are
part of what makes us unique.
For more information about the JD, 3YP and JD/LLM, visit law.depaul.edu.
Two seminars conducted by International Aviation Law Institute Director Brian Havel
highlighted the institute's most recent visit to the headquarters of
the Civil Aviation Administration of China (CAAC) in mid-April. The
first seminar focused on ownership restrictions and alliances in the
international airline industry. In the second seminar, Professor Havel
considered the ongoing debate about whether multilateralism or
regionalism (or a blend of both) should be the locus for future
regulation of the industry, and he critically assessed how international
law and institutions have handled the search and rescue process for the
disappeared Malaysian Airlines flight MH370.
After the seminars, Professor Havel and global airline consultant
Sandra Chiu, a member of IALI’s Foundation Advisory Board, were the
guests of honor at a CAAC banquet hosted by Han Jun, CAAC’s
director-general for international affairs. Director-General Han’s
office handles all of China’s external aviation relations, including
bilateral air services agreements and he has been a guest of IALI in
Chicago. Professor Havel presented Director-General Han with a copy of
his new book, "The Principles and Practice of International Aviation Law (Cambridge Press 2014)."
Professors Roberta Kwall and Margit Livingston are among the recipients of DePaul University's Spirit of Inquiry Awards
2014. Presented by the University Research Council, the annual awards
honor specific research, scholarly or creative achievements that exhibit
commitment to the spirit of creative inquiry, which DePaul endeavors to
inspire in its students. The council bestows a maximum of eight awards
each year across the university. Kwall and Livingston will be recognized
formally for their achievement at Academic Convocation in the fall.
Kwall, DePaul's Raymond P. Niro Professor of Intellectual Property Law,
is recognized for her scholarship and exploration of the Jewish
tradition's meaning for human existence. Her recent work specifically
draws connections between Judaism and intellectual property and
creativity theory, feminist theory and cultural analysis theory.
Roberta R. Kwall: Selected Scholarship
The Soul of Creativity: Forging a Moral Rights Law for the United States (Stanford U. Press, 2009)
“Creativity and Cultural Influence in Early Jewish Law,” 86 Notre Dame L. Rev. 1933 (2011)
“Is the Jewish Tradition Intellectual Property?” 4 WIPO Journal 129 (2012)
“The Lessons of Living Gardens and Jewish Process Theology for Authorship and Moral Rights,” 14 Vand. J. Ent. & Tech. L. 889 (2012)
“The Cultural Analysis Paradigm: Women and Synagogue Ritual as a Case Study,” 34 Cardozo L. Rev. 609 (2012)
“Remember the Sabbath Day and Enhance Your Creativity!” 10 St. Thomas Law Review 820 (2014)
“Human Artistry as Tikkun Olam,” in The Masorah Matrix Volume on Tikkun Olam (forthcoming 2014)
“Shabbat: A Diverse Perspective on Human Creativity,” in Protecting and Promoting Diversity with Intellectual Property Law (Cambridge U. Press, forthcoming 2014)
Forging Jewish Tradition Through Law and Culture (Oxford U. Press, forthcoming 2015)
Livingston is honored for her work in the area of copyright law. Her
recent scholarship focuses on copyright protection for stage directions,
copyright infringement of music, and the right of publicity.
Margit Livingston: Selected Scholarship
“Inspiration or Imitation: Copyright Protection for Stage Directions, 50 B.C. L. Rev. 427 (2009)
“Copyright Infringement in Music Cases: Determining Whether What Sounds Alike Is Alike, 15 Vand. J. Ent. & Tech. L. 227 (2013) (with Dr. Joseph Urbinato)
“Piggybacking on Glory,” Florida Law Review Forum (2013)
A DePaul College of Law moot court team
comprised of four first-year students placed third in the 2014 Beijing
Foreign Studies University-Wanhuida Cup Intellectual Property Moot Court
Competition in Beijing, China, on May 24 and 25.
Teammates Precious Allen, Joseph Klein, Destinee Moyer and Shin Young
Jo competed against 13 teams from Australia, China, Taiwan and the
United States. DePaul's brief was ranked 4th overall and team member Precious Allen won the competition's Best Oralist Award. Shin Young Jo also was recognized as an outstanding oralist.
Professor Len Cavise coached the team in Beijing, and professors
Michael Grynberg, Joshua Sarnoff, Anthony Volini and Michael Graham
prepared the team prior to the competition.
This year, student teams performed and received feedback from a
prestigious line-up of judges, including: a Minnesota Supreme Court
justice, an assistant general counsel of Microsoft, the chief judge of
Beijing's intellectual property appellate court, the legal management
director of China’s Trademark Office, three senior partners from China’s
largest intellectual property law firms, and four faculty experts from
the United States, China and Australia.
The BFSU-Wanhuida Cup, now in its seventh year, is organized by
Beijing Foreign Studies University, a longstanding partner of DePaul’s Asian Legal Studies Institute, directed by Professor Jerold Friedland.
Above and Beyond
In a recent profile for DePaul’s online magazine, Distinctions, Professor Patty Gerstenblith talks about art and cultural heritage law and why DePaul’s program is a leader in the field.
The discipline of art and cultural heritage law itself is a
relatively new field. I have been teaching at DePaul for 30 years and
have benefitted from being in the right place, at the right time: The
field and I grew up together.
Perhaps the aspect I like most about the field is its
interdisciplinary nature: Teaching it requires some knowledge of art
history, archaeology, anthropology, history, international relations and
other academic fields. One thing we do well at DePaul College of Law is
to look at the big picture. Here, art and cultural heritage law is
affiliated with two other areas: intellectual property and international
law. Both of these programs at DePaul are nationally recognized. As a
result, our students graduate with a broad set of practical skills.
"When I say DePaul is 'the right place' for exploring cultural
heritage, I mean that literally. Here, we appreciate and respect
different cultures set against a global environment."
I have been fortunate to serve twice on the President’s Cultural
Property Advisory Committee in the Department of State, currently as the
committee’s chair. The committee makes recommendations to the Assistant
Secretary of State for Educational and Cultural Affairs as to whether
the United States should enter into bilateral agreements with other
nations to restrict the import into the U.S. of undocumented
archaeological and ethnological materials.
The legislation under which the committee operates is part of the
United States’ adherence to the 1970 UNESCO Convention on the Means of
Prohibiting and Preventing the Illicit Import, Export and Transfer of
Ownership of Cultural Property. When this legislation was adopted in
1983, the United States was, and probably still is, the single largest
end-destination country for looted antiquities and stolen artifacts. The
work of the committee is, therefore, important in establishing good
relations with other countries and in helping to preserve the world’s
When I say DePaul is “the right place” for exploring cultural
heritage, I mean that literally. Here, we appreciate and respect
different cultures set against a global environment. I think this is
what our mission is all about, and that is what this specialty is all
DePaul’s commitment to art and cultural heritage law is apparent in
many ways. For one thing, I am one of the few professors in the country
with this specialty who is a full-time faculty member. Also, we are
continually enhancing our program. For example, we are introducing two
new courses next year—one on customs law, which will address the legal
interactions surrounding international trade, and one on art market
transactions, which will deal with the commercial law surrounding the
business of buying and selling art. Again, our students will gain skills
that can be applied in several contexts.
"Our students get a richer, fuller educational experience in this field than they would at any other law school."
Our conferences attract scholars and practitioners from all over the
country—faculty and students from other law schools, lawyers who work
for museums, government agencies and auction houses, art dealers and
collectors. Our National Cultural Heritage Law Moot Court Competition is
the only one of its kind. This year, the competition hosted 19 teams
from around the country and featured more than 75 volunteer attorney
judges, including many nationally renowned cultural property experts.
These events build our prestige, while providing great networking and
educational opportunities for our students.
We educate our students in other ways as well. Our Center for Art, Museum & Cultural Heritage Law
offers them opportunities for extern/intern placements at The Field
Museum, Chicago History Museum, and other nonprofit and government
agencies. Students have been publishing our Journal of Art, Technology and Intellectual Property Law for more than 20 years, and they contribute research to my work and to our events.
For reasons like these, I think—in fact, there’s no doubt in my
mind—that DePaul’s program is the best in the country. Our students get a
richer, fuller educational experience in this field than they would at
any other law school. I am really proud of that.
Patty Gerstenblith is
a distinguished research professor of law and director of the Center
for Art, Museum & Cultural Heritage Law. She is founding president
of the Lawyers’ Committee for Cultural Heritage Preservation
(2005-2011), a director of the U.S. Committee of the Blue Shield (a
nonprofit organization committed to the protection of cultural property
worldwide during armed conflict) and immediate past co-chair of the
American Bar Association’s Art and Cultural Heritage Law Committee. In
2011, she was appointed by President Barack Obama to chair the
President’s Cultural Property Advisory Committee in the Department of
State; during the Clinton administration, she served as a public
Sister Helen Prejean, author of "Dead Man Walking" and "Death of Innocents," and Jeanne Bishop, Cook County Assistant Public Defender, shared their inspiring stories of becoming advocates against the death penalty at the "Journey to Forgiveness" luncheon event on April 23.
Prejean’s journey began after she met an inmate who was later executed. Hearing his story and witnessing his execution deepened her commitment to educating the public about capital punishment and pushing for its abolishment. During law school, Bishop was a committed opponent of the death penalty through her involvement with Amnesty International. After members of her family were murdered by a teenager in 1990, Bishop became an outspoken advocate for the power of forgiveness and rehabilitation as positive alternatives to capital punishment.
Following their stories, Assistant Dean Andrea Lyon, author of “Angel of Death Row: My Life as a Death Penalty Defense Lawyer,” led a discussion with the audience of students, faculty and staff. The conversation revolved around the need for the community to advocate for effective deterrence policies and programs, as well as reaffirmed the panelists’ commitment to seeking justice through means other than the death penalty.
The event was sponsored by the Center for Justice in Capital Cases, Center for Public Interest Law and University Ministry.
For decades, attorneys have used shaken baby syndrome, or SBS, as proof that a caretaker murdered a child. However, the medical community’s understanding of these symptoms has evolved, calling to question the justice of many convictions.
DePaul College of Law Professor Deborah Tuerkheimer’s new book, "Flawed Convictions: 'Shaken Baby Syndrome' and the Inertia of Injustice" (Oxford University Press 2014), examines the dangerous gap between advances in science and practices in criminal law. She will discuss her findings at a book signing event on Wednesday, May 7, from 12 to 1 p.m., DePaul University’s Loop Campus, Barnes & Noble, 1 E. Jackson Blvd., Chicago.
Researchers have discovered that a diagnosis of SBS alone cannot prove beyond a reasonable doubt that an infant was abused or that the last person with the baby was responsible for the baby's condition, Professor Tuerkheimer writes. As a former prosecutor, she is deeply concerned with holding perpetrators of abuse accountable. However, she finds that the criminal justice system has been slow to re-examine cases that used this outdated evidence to convict caretakers of homicide.
In her recent article for Slate, Professor Tuerkheimer comments on the April 2014 federal district court judge's ruling to release former childcare worker Jennifer Del Prete from prison pending her appeal. Almost a decade ago, Del Prete was convicted of shaking a child to death in a Romeoville, Illinois, daycare center. Professor Tuerkheimer focuses on Del Prete's case in her new book, and calls the recent ruling "a critical turning point" in the way the justice system is re-examining such convictions. She has followed similar cases and proposes changes to the law to avoid further injustice.
Professor Brian F. Havel, academic director of the International Aviation Law Institute, addressed the Chicago Bar Association's Aviation Law Committee on the subject of “Passenger Rights: Where the Airlines Failed” on March 5. The event, which was simulcast live on the CBA’s website, was chaired by DePaul law alumnus and prominent private aviation law attorney Alex Herran (JD '91).
In his address, Professor Havel explained how the airline industry became complacent about the alleged exclusivity of the delay provisions in the Warsaw and Montreal liability conventions, and was surprised by the speed with which governments across the globe chose to adopt passenger rights legislation that now co-exists with the conventions. Professor Havel concluded that passenger rights are politically popular, and the industry needs to coordinate its response through organizations such as the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA)
In opinion piece "The Changing Face of Exonerations" for TIME magazine online, Professor Deborah Tuerkheimer said, "If we are to make meaningful progress towards freeing innocent people now serving time—a population some now place at more than 100,000—we need new laws designed to target miscarriages of justice that lack DNA evidence."
Her op-ed reacts to a report released in February by the National Registry of Exonerations, which found that the number of U.S. inmates exonerated after being falsely convicted of a crime hit a record high in 2013.
Based on the study's data, Professor Tuerkheimer considers how DNA evidence is often of little use to the wrongfully convicted. She discusses recent trends in post-conviction relief, including new laws that account for the lack of or faulty forensic evidence. She notes how this movement is especially important to women, a fast-growing segment of the prison population, whose alleged violent crimes "do not typically hinge on the whodunit question of identity that DNA is so useful in resolving."
Professor Tuerkheimer, a former assistant district attorney in Manhattan, has written widely on rape and domestic violence. She is currently a Public Voices Faculty Fellow with the OpEd Project. Her book "Flawed Convictions: “Shaken Baby Syndrome” and the Inertia of Injustice" (Oxford University Press) is forthcoming in April.
Bruce Ottley has been appointed interim dean of the College of Law at DePaul University, effective June 1. Ottley is a professor in the law school, where he teaches courses in civil procedure, torts, and remedies and products liability. He previously served as associate dean in the college for a total of nine years, most recently from 1996 to 2000, and as acting dean for a brief period in 2006.
In addition to teaching, Ottley is director of the DePaul University-University College Dublin Cooperative Program and co-director of the International Aviation Law Institute. An esteemed expert on tort law, Ottley also conducts seminars for Illinois judges through the Administrative Office of the Illinois Courts.
Prior to joining DePaul’s College of Law in 1978, Ottley practiced law in Papua New Guinea, where he served for a year as a court magistrate of the National Capitol District Court. He also taught law for five years at the University of Papua New Guinea. Ottley is a fellow of the American Anthropological Association and travels to the South Pacific islands, Australia and New Zealand to conduct research.
In addition to journal articles, Ottley is co-author of several books, including, “Understanding Products Liability Law,” “Illinois Tort Law” and “Arson Law and Prosecution.”
He has a Master of Laws from Columbia University, a Juris Doctor and master’s degree from the University of Iowa, and a bachelor’s degree from the University of Missouri-Kansas City.
“Bruce’s distinguished career as a lawyer, professor and university administrator make him well suited to serve as interim dean for DePaul’s College of Law,” said Patricia O’Donoghue, interim provost. “His colleagues demonstrate great administration and respect for his skills as a leader and scholar. I am confident he will successfully guide the college during this time of transition."
DePaul plans to launch a national search for a permanent dean soon. See more at DePaul's Newsroom.
Professor Brian Havel’s op-ed piece How Did Stolen Passports Get Through? headlines the opinion page of on CNN.com. Havel says “…it is not a surprise that at least two people were able to board Malaysia Flight 370 with stolen passports,” noting that while more than half of all trans-border passenger movements take place at airports, passenger treatment in airport security lines is very much dependent on local regulations and practices.
“Nations continue to have their own ideas about how to monitor travelers, how security information should be shared and to what extent identity information should be the subject of strong privacy protection,” Professor Havel adds, urging nations that have developed their own security databases to cross-check them with existing international systems such as Interpol. He concludes that the time has come for global coordination and standardized procedures for processing travel documentation.
Brian F. Havel is the director of the International Aviation Law Institute at the College of Law.
A marathon three-hour interview with FedEx founder, chairman and CEO Frederick W. Smith is the seventh installment of the International Aviation Law Institute’s “Conversations with Aviation Leaders” oral history project. Conducted by Professor Brian F. Havel, the institute's director, the wide-ranging interview is the first in the series to explore in depth the regulatory environment governing air cargo transport, as opposed to air passenger transport. Particular attention is devoted to the process by which industry interacts with government officials in pursuit of regulatory changes on both the domestic and international level.
Fred Smith famously formulated the idea of FedEx for an undergraduate economics class at Yale University. FedEx was the world's first overnight express delivery company, and is the largest in the world.
Recorded at the FedEx television studio in Memphis, Tennessee, the interview will soon be posted for viewing alongside the previous six interviews on the institute's website. The “Conversations” project is developing a record of the legal and policy history of the airline industry during the age of global deregulation, as told through the voices and memories of its participants. The project is a valuable resource for the large community of students, scholars, and policymakers interested in understanding the airline industry’s role in the broader deregulatory movement that continues to transform economic policy today.
Alumni, students and College of Law Dean Mark visited Chicago Public School's Pritzker Elementary on January 29 to teach law-related lessons to sixth and seventh grade classrooms.
The event was organized by the Pro Bono & Community Service Initiative (PBCSI) and Chicago Constitutional Rights Foundation’s Lawyers in the Classroom program. Lawyers in the Classroom partners attorneys with elementary and middle school classrooms to help students understand the U.S. Constitution and our legal system.
Drawing fom lessons outlined by Lawyers in the Classroom, Dean Gregory Mark, alumnus Aaron Dozeman (JD '12) and student Christina Kuklinski (JD '15) led the seventh graders through a discussion on jury selection. The students examined the process by which a jury is selected and discussed the importance of selecting a fair and impartial jury. They were able to debate whether a list of hypothetical jurors would be likely to judge a trial impartially.
“I enjoyed engaging the students in discussion, and I appreciated their honest and creative responses to the difficult issues raised in the lesson," said Dozeman. "Lawyers in the Classroom allowed me to contribute in a way that doesn’t involve giving legal advice; volunteering as a lawyer doesn’t always require providing legal services. It was refreshing to step outside of the courtroom and into the classroom.”
Students were also asked to mediate a conflict between two “goods”—the right to practice religion and the right to be safe at school. The lesson involved a student who wanted to wear small knife or “kirpan” in observance of his religion, which was Sikhisim. The school, however, had a “no weapons allowed” policy. The students were asked to consider whether he should be allowed to wear the kirpan to school and thought about the issue from various perspectives; including the school principal, the parents of the student and his classmates' parents.
“The students enjoyed this fact pattern and engaged in a lively and thoughtful discussion," observed Cheryl Price, PBCSI director. "I was impressed with their ability to weigh this problem from differing viewpoints.”
For more information about the Pro Bono & Community Service Initiative or how to get involved with DePaul’s Lawyers in the Classroom volunteer team, contact Cheryl Price at email@example.com.
Professor Michael Grynberg participated in the 2014 Works in Progress Intellectual Property (WIPIP) Colloquium held at the Santa Clara University School of Law earlier this month. The annual colloquium brings together intellectual property scholars from both the United States and abroad.
Professor Grynberg presented his work in progress, "Thick Marks, Thin Marks," which considers the difficulties courts face in managing the different kinds of information that may be embodied by a trademark. His most recent article, "More than IP: Trademark Among the Consumer Information Laws" will be published by the William & Mary Law Review later this month.
The Chicago Daily Law Bulletin featured DePaul's new Third Year in Practice program (3YP) in an article titled "No more pencils, no more books" on Feb. 7.
Director of 3YP David Rodriguez and Professor Allison Tirres provided interviews for the article. Rodriguez explained that 3YP will “‘demystify the practice of law’ by putting students through a practice-based third year.” He continued:
“That’s our approach with this program,” Rodriguez said. “If you immerse yourself for an entire year doing skills-oriented (work), you’re going to already have the mindset (upon graduation) of an attorney who has already been practicing for a few years.”
Launching in fall 2014, the 3YP program will offer qualified students the opportunity to complete their general law school course requirements in two years and spend the third year of law school in practice. The 3YP program is a part of the College of Law’s response to the changing needs of the legal profession and the shifting landscape of legal education.
Download a copy of the article.
International Aviation Law Institute Director Brian F. Havel moderated a high-level panel including European Commission Vice President Siim Kallas and FAA Administrator Michael Huerta on "The Future of Regulation" at the 2014 Singapore Airshow Aviation Leadership Summit on Monday, Feb. 10. The panel covered a range of regulatory topics facing the international air transport industry, including lessons to be learned from the airlines’ failure to properly anticipate and respond to demand for passenger rights regulations, the need for a harmonized global approach to regulation, and the role of the International Civil Aviation Organization in guiding such an effort.
Professor Havel’s questions — particularly regarding the ICAO’s ability to regulate, and whether the airlines brought the passenger rights problem on themselves — proved challenging and provocative, resulting in a lively exchange among the participants.
Dr. Morag Kersel, field archaeologist, assistant professor of anthropology at DePaul University, and the Center for Art, Museum & Cultural Heritage Law’s affiliated faculty member, was recently featured on the cover of the fall 2013 issue of Insights, a publication by the College of Liberal Arts and Social Sciences at DePaul University. Professor Kersel is currently working in Jordan on the Follow the Pots Project, a multi-year research initiative that uses unmanned aerial vehicles (UAV) to monitor looting at an Early Bronze Age archaeological site in Fifa, Jordan. One of the purposes of this project is “to better understand both the ancient and modern use of a prehistoric mortuary site.”
As noted by Professor Kersel, the archaeological site at Fifa is “threatened by systematic looting as a result of the demand for artifacts in the antiquities market.” Professor Kersel examines the path of artifacts looted from this archaeological site in an effort to understand and track how artifacts go “from the ground to the consumer.”
The innovative use of UVAs and aerial photography as a method of site assessment and monitoring makes it possible “to both document looting and site destruction at Fifa as well as generating spatial data for digital mapping.” During the 2013 season, Professor Kersel and her team were able to conclude that “looters are revisiting old looter’s holes, there is ongoing recent looting, and there is a discernable difference in looting episodes.”
Professor Kersel received a Harris Grant from the American Schools of Oriental Research and a College of Liberal Arts and Social Sciences Faculty Research Award for this innovative research program, and “this season of aerial site monitoring was the first of a five-year plan to revisit the site at the same time each year to investigate change over time and to assess the potential impact of anti-looting campaigns and outreach programs.” In conjunction with Jordan’s Ministry of Tourism and Antiquities and colleagues from the universities of Notre Dame and Connecticut, Professor Kersel hopes to develop effective strategies to combat looting at this important archaeological site.
Read Professor Kersel's post on the ASOR blog.
Professor Allison Tirres delivered a lecture "Deportation and its Discontents: Reflections on a Century of Immigration Law" to nearly 300 attendees at the University of Texas at El Paso's Centennial Lecture Series on Feb. 3. Noteworthy speakers from across the country came together at the UTEP campus to share perspectives on a broad range of contemporary issues likely to impact our society, culture, and lives in the years ahead.
Professor Tirres and her thoughts on immigration reform issues were featured on a local news broadcast following the lecture.
Professor Roberta Kwall will be a principal speaker at an international intellectual property conference to be held at the Radzyner School of Law in Israel in March. The conference, "The Measure of Intellectual Property: Contemporary Challenges," will take place from March 10-11.
Later that month, she will be speaking at a conference on Feminism, Law & Religion at St. Thomas Law School. Her presentation topic focuses on women and synagogue ritual and is based on her recent publication in the Cardozo Law Review. In May, Professor Kwall will be a principal speaker at a conference on Law and the Arts co-sponsored by the University of Indiana (Bloomington) School of Law and the Indiana Music School.
Professor Kwall's forthcoming publications include:
- “Shabbat: A Diverse Perspective on Human Creativity” in Protecting and Promoting Diversity with Intellectual Property Law (Cambridge U. Press 2014)
- “Human Artistry as Tikkun Olam,” in the Masorah Matrix Volume on Tikkun Olam (a volume containing essays by influential rabbinic and Jewish law scholars)
- “Remember the Sabbath Day and Enhance Your Creativity,” in a forthcoming volume of the St. Thomas Law Review
Professor Joshua Sarnoff commented on the Supreme Court's Myriad Genetics ruling in an American Laywer article, "After Myriad Ruling, Gene Patent Battles Rage On," in October.
Professor Sarnoff was quoted, saying the ruling was favorable for doctors and patients but left some uncertainty. He explained that the Supreme Court ruling "was not entirely clear on all issues related to genetic material, so Myriad will probably assert its other patents unless and until it is told that they, too, are invalid."
On November 8, IALI Director Brian Havel was a featured speaker at the 25th annual conference of the European Air Law Association (EALA) in Madrid, Spain. Professor Havel spoke on the next steps that may occur with respect to removing legal limits on foreign investment in national airlines. Focusing specifically on the U.S. situation, he noted that constituencies that have supported change -- including a number of major airlines -- are no longer actively pushing for reform as the U.S. airline industry’s economic condition has improved. The session was chaired by Professor Pablo Mendes de Leon, EALA president and director of the International Air and Space Law Institute at Leiden University. Professor Havel recently was named visiting professor of law at Leiden.
Is it possible to ensure humane treatment for animals raised for consumption? Are current regulations enough? Are genetically modified foods plainly identifiable to consumers?
The Center for Animal Law at DePaul University College of Law explores these questions at a daylong symposium, Animals as Food: The Legal Treatment of Animals in Contemporary Agribusiness and Factory Farming. The event takes place from 8 a.m. to 5 p.m. on October 30, 2013, at the DePaul Center, 1 East Jackson Blvd, Chicago.
“Our aim is to facilitate a balanced dialogue about the raising and slaughtering of farm animals,” said Margit Livingston, faculty director for the Center for Animal Law. “Specifically, the symposium will take a look at the law’s role in protecting animals destined for consumption, the emergence of genetically modified food choices in the marketplace and the importance of clear and accurate food labeling.”
Gary Francione, distinguished professor of law and Nicholas deB. Katzenbach Scholar of Law & Philosophy at Rutgers University School of Law-Newark, will deliver the keynote address. Francione, a well-known figure in the modern animal rights movement, will present some of the legal challenges in animal law when animals are viewed as property. “If we really believe animals have moral value; if we really believe that animals are not just things, we must fundamentally change our behavior and seriously look at the matter of animal use and not just the matter of animal treatment,” said Francione.
Panel discussions will focus on topical issues involving animals in today’s agribusiness practices, including the raising and slaughtering of farm animals, ag-gag laws, food labeling and regulatory issues.
Now in its 11th year, the Center for Animal Law’s mission is to advance the field of animal law by regularly contributing scholarship to the field, by providing educational and research opportunities for students, and by facilitating the exchange of ideas among leading scholars in the field.
Scholars and members of the judiciary will explore Judge Jack B. Weinstein’s impact on a wide range of topics in civil justice at the 20th Annual Clifford Symposium on April 24 and 25, 2014, at DePaul University. Speakers will discuss torts, civil procedure and the law of evidence, as well as broader notions about what it means to be a judge and to seek justice in America’s courts. The symposium will also feature a special address by U.S. Supreme Court Justice Stephen G. Breyer.
Judge Weinstein serves the U.S. District Court for the Eastern District of New York. He was nominated by President Lyndon B. Johnson in January 1967. He served as chief judge from 1980 to 1988, and assumed senior status in 1993. As a federal judge, he has worked with a number of mass tort cases including those relating to Agent Orange, asbestos, tobacco, breast implants, diethylstilbestrol (DES), olanzapine and handguns.
The annual symposium and a named faculty chair are supported through an endowment established in 1994 by alumnus Robert A. Clifford ('76), principal and founder of Clifford Law Offices in Chicago. The chair and symposium give meaningful expression to his belief that the civil justice system serves a number of vital interests in American society, and provides a vehicle for exploration of the civil justice system in an intellectually rigorous fashion.
"I am excited about celebrating 20 years of presenting stimulating discussion and scholarship in American tort law," Clifford says. "Throughout his entire career, Judge Jack Weinstein has been a central figure in that dialogue. We are proud and grateful that he would honor us on this special anniversary by presenting and allowing us to dissect his lifelong work. We also are extraordinarily gratified that Justice Stephen Breyer will be joining us to deliver a special address. His commitment to the profession in all of the work that he does on the bench and off is to be particularly recognized by the legal community throughout the country."
Professor Stephan Landsman, the Robert A. Clifford Chair in Tort Law & Social Policy, is organizer and moderator of the symposium.
For a complete schedule and to register, please visit the eventbrite page.
Noted philosophers, political theorists, religious studies scholars and legal scholars will discuss religious institutionalism at DePaul University College of Law in Chicago on September 26 and 27. The purpose of the conference is to expand the set of questions being asked about religious institutionalism beyond the narrow doctrinal debate over the meaning and scope of Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, to more fundamental questions about religious institutions from a number of different perspectives.
The conference was conceived and organized by professors Zoë Robinson, DePaul University College of Law, Micah J. Schwartzman, University of Virginia School of Law, and Chad W. Flanders, Saint Louis University School of Law. Conference participants include:
Susan Bandes, DePaul University College of Law
Zachary Calo, Valparaiso University Law School
Caroline Mala Corbin, University of Miami School of Law
Chad W. Flanders, Saint Louis University School of Law
Richard Garnett, University of Notre Dame Law School
Frederick Gedicks, Brigham Young University Law School
B. Jessie Hill, Case Western Reserve University School of Law
Paul Horwitz, University of Alabama School of Law
John Inazu, Washington University School of Law
Andrew Koppelman, Northwestern University School of Law
Brian Leiter, University of Chicago Law School
Jacob Levy, McGill University Faculty of Arts, Department of Political Science
Christopher Lund, Wayne State University Law School
Gregory Magarian, Washington University School of Law
Víctor M. Muñiz-Fraticelli, McGill University Faculty of Law
James D. Nelson, Columbia Law School
Zoë Robinson, DePaul University College of Law
Lawrence Sager, University of Texas School of Law
Richard C. Schragger, University of Virginia School of Law
Micah J. Schwartzman, University of Virginia School of Law
Elizabeth Sepper, Washington University School of Law
Nelson Tebbe, Brooklyn Law School
Mark Tushnet, Harvard Law School
Paul Weithman, University of Notre Dame Department of Philosophy
Robin L. West, Georgetown University Law Center
Robin Fretwell Wilson, University of Illinois College of Law
The conference is by invitation only. For more information about The New Religious Institutionalism conference, please contact DePaul College of Law's director of events at firstname.lastname@example.org.
Victoria F. Nourse, professor of law at Georgetown University and DePaul's 2013 Enlund Scholar-in-Residence, will discuss legal education and civic illiteracy at the annual Enlund Lecture on October 10 at 3 p.m. in the DePaul Center, 1 E Jackson Blvd, Chicago.
Her lecture, "The Democratic Paradox: Legal Education and Civic Illiteracy," will address how law students spend years reading cases, but may never be required to spend even a semester reading statutes, as well as how law schools fail to teach congressional or presidential procedure. She notes that students leave law school having contempt for democratic institutions, believing in a government of courts, not people.
Professor Nourse teaches classes on Congress and the Constitution and is director of Georgetown University Law Center's first Center on Congressional Studies. She has published widely on Congress, constitutional history and criminal law. Prior to entering the academy, she served in various capacities in the government, as an appellate lawyer for the Department of Justice and as senior counsel to the Senate Judiciary Committee. She is widely credited for her work drafting the original Violence Against Women Act for then-Senator, now-Vice President Biden.
The Enlund Lecture is approved for one hour of Illinois MCLE credit. For lecture details and to register, visit the eventbrite page.
About the Enlund Scholar-in-Residence Program
Established in 1988, thanks to a gift from the late E. Stanley Enlund (’42), the endowed Enlund Scholar-in-Residence Program deepens our understanding of the law and its role in society. The College of Law selects the scholars, jurists and lawyers who serve as Enlund Scholars based on the meaningful contributions they have made to the development of law and legal institutions through their research, advocacy and practice. Attracting the nation’s foremost legal minds, Enlund scholars provide the College of Law community of students, faculty, alumni and friends with differing perspectives on law, lawyers and social justice. They do so by participating in classes, meeting socially with students and faculty, and sharing their ideas through formal presentations.
Jody Raphael, author, national researcher and senior research fellow at the Schiller DuCanto & Fleck Family Law Center, met law students, faculty and staff to discuss her new book, “Rape is Rape: How Denial, Distortion, and Victim Blaming are Fueling a Hidden Acquaintance Rape Crisis.”
She offered information on the causes of rape denial and its effects on those who report rape. The presentation and discussion is part of a series of monthly discussions hosted by the Child & Family Law Center.
Professor Brian Havel, academic director of DePaul College of Law's International Aviation Law Institute, will participate as a speaker and panelist at the 2013 International Civil Aviation Organization (ICAO)/McGill University Pre-Assembly Worldwide Conference, to be held September 21 and 22 in Montreal. The conference is being held in advance of the 38th session of the ICAO Assembly.
Professor Havel will make a presentation to the conference and participate in a panel discussion on the proliferation of aviation-specific taxes, fees and charges, and their impact on the air transport industry. A question and answer session will follow.
On September 10 and 11, Professor Havel participated in the second conference of the Cape Town Convention Academic Project at the University of Oxford. This project facilitates the study of the Convention on International Interests in Mobile Equipment, which includes a protocol dealing specifically with aircraft.
Professor Havel helped organize the Cape Town Academic Project and its initial conference last year, during the second year of his recently concluded fellowship at Oxford. In connection with the project, he authored a teaching module on the convention for use in public international law courses.
The Chicago Bar Association
(CBA) has selected Judge Warren D. Wolfson as one of four Chicago attorneys to be honored at the 14th annual John Paul Stevens Award Luncheon on September 26, 2013.
The Stevens Award is presented to “attorneys who best exemplify the justice's commitment to integrity and public service in the practice of law.” Judge Wolfson shares the 2013 award with recipients Judge William Hooks (BA ’75), Judge Diane P. Wood and William F. Conlon, Sidley Austin LLP.
Judge Warren D. Wolfson joined the DePaul University College of Law faculty in July 2011, after serving as interim dean of the College of Law for two years. While dean, he worked with the faculty to help establish DePaul's Institute of Advocacy & Dispute Resolution, which guides curricular areas including dispute resolution and mediation, litigation skills and trial advocacy, field placement and moot court.
He brings a wealth of expertise garnered through a legal career that includes nearly 34 years on the bench and extensive academic experience. He was appointed to the Circuit Court of Cook County in 1975, elected to a full term in 1976, and was retained in that position for five consecutive terms. In 1994, he was assigned to the Illinois Appellate Court, 1st District, where he served until joining DePaul. Prior to his career on the bench, he spent 18 years in criminal defense practice
Co-author of Trial Evidence (5th ed., Aspen Publishers 2012) and Materials in Trial Advocacy (7th ed., Aspen Publishers 2011), Judge Wolfson also established and directed the highly respected trial advocacy program at Chicago-Kent College of Law from 1971 to 2009. During that time, he taught evidence and an advanced evidence seminar. Before joining Chicago-Kent, Judge Wolfson taught trial advocacy for 15 years at the University of Chicago and lectured for the National Institute for Trial Advocacy. He has also been very involved in judicial training programs for many years.
Please visit the CBA's website for more information and to reserve tickets for the awards ceremony.
Professor Leonard Cavise highlighted DePaul Law’s commitment to public interest in the National Jurist’s Back to School 2013 issue. In the article, titled “How to Choose a School: For Public Interest,” Professor Cavise offers tips for students interested in law school as a first step to a career in public interest. He advises students to “make sure that the law school has dedicated resources to this area,” and the article goes on to highlight DePaul’s many public interest offerings, including clinics, a certificate, externships, and the Center for Public Interest Law.
Racial disparities continue to define the American criminal justice system. African-American males, in particular, are still incarcerated at alarming rates. Surprisingly, criminal justice experts have reached little consensus on why these disparities continue to infect the criminal justice system so thoroughly.
On August 29, DePaul's Center for Justice in Capital Cases in collaboration with the University of Iowa College of Law will host a symposium to consider new perspectives on why racial disparities continue to be a defining characteristic of American criminal justice. One such perspective, based on the concept of “implicit racial bias,” posits that people automatically and unintentionally rely on racial stereotypes across the entire spectrum of decision making, starting with policing and continuing all the way to parole. The symposium will analyze the implicit bias approach, mass media perspectives on race, and will conclude with a forward-looking roundtable discussion.
Criminal justice experts to speak at the symposium include:
- Judge Mark Bennett, U.S. District Court, Northern District of Iowa
- Herschella G. Conyers, Clinical Professor of Law, University of Chicago
- Emily Hughes, Professor and Bouma Fellow in Law, University of Iowa
- Justin D. Levinson, Professor of Law and Director, Culture and Jury Project, University of Hawaii at Manoa
- Andrea D. Lyon, Associate Dean for Clinical Programs and Director, Center for Justice in Capital Cases, DePaul University College of Law
- L. Song Richardson, Professor of Law, University of Iowa
- Robert J. Smith, Assistant Professor of Law, UNC Chapel Hill
The symposium is free and open to the public. For additional details, please see the DePaul Law events calendar.
In mid-July, more than 20 leading scholars from the United States, Canada, the United Kingdom, Israel and Australia convened at DePaul University College of Law to explore the philosophical foundations of fiduciary law—one of the most important, but often underanalyzed areas of private law. The workshop-style conference offered scholars an opportunity to present and discuss their work for a forthcoming book to be published by Oxford University Press.
“For someone who is preparing a chapter in the book, there are tremendous benefits in the workshop-style conference,” said Professor Tamar Frankel, Michaels Faculty Research Scholar at Boston University School of Law. “One is for the comments on the chapter I wrote, but the other is for the richness of the ideas and opinions concerning the subject. Needless to say, the depth and variety of the discussion was astounding.”
Scholars discussed a broad variety of topics, including the nature of fiduciary status; the existence and content of loyalty duties; the connection between fiduciary duties and Kantian moral philosophy; the distinctions between fiduciary relationships and contractual relationships; the economics of fiduciary relationships; duties of disclosure; and public fiduciary law.
Justice James Edelman, Supreme Court of Western Australia, said the debate and discussion during the conference helped clarify his thinking and understanding of fiduciary law. “I could not have imagined a better format than the heavily Socratic approach of considerable reading before the conference, five-minute presentations, and hours of vocal, but polite, debate,” he said.
The conference was co-organized by Professor Andrew Gold, DePaul University College of Law, and Professor Paul Miller, McGill University Faculty of Law.
"The Sorry State of Joint Venture Analysis" was the title of Professor Michael Jacobs' keynote address at the 24th Annual Workshop of the Competition Law and Policy Institute in Aukland, New Zealand. Professor Jacobs, a co-director of the International Aviation Law Institute at DePaul University College of Law, delivered the address and presented the accompanying paper on August 2. Attendees at the workshop included a justice of the Supreme Court of New Zealand, antitrust regulators from Australia and New Zealand, and antitrust lawyers, economists and academics from both countries.
Vice Dean David Franklin appeared as a guest last night on PBS' Chicago Tonight. In an interview with host Carol Marin, David Franklin was invited to comment on the recent U.S. Supreme Court’s decision to strike down the Defense of Marriage Act (DOMA) and California’s Proposition 8.
Professor Franklin discussed US v. Windsor, the case for which DOMA Section 3 was declared unconstitutional, and said the tone of Justice Kennedy's ruling bodes well for the future of same-sex marriage in the United States.
Listen to the entire discussion here: http://chicagotonight.wttw.com/2013/06/26/supreme-court-strikes-down-doma
Internationally renowned scholars will convene at DePaul University College of Law to identify and address issues in fiduciary law on July 19 and 20, 2013. Fiduciary law is one of the most important yet one of the least analyzed areas of private law. This conference will bring unprecedented attention to this neglected area of legal and philosophical inquiry. Conference participants will address foundational issues in fiduciary law, including the nature of the fiduciary relationship, the content of the fiduciary duty of loyalty, the place of fiduciary law in equity, and fiduciary theories of government and international order.
Professor Andrew Gold of DePaul University College of Law and Professor Paul Miller of McGill University Faculty of Law are co-organizers of the conference. The conference papers will be published in a book, Philosophical Foundations of Fiduciary Law, forthcoming from Oxford University Press.
Richard Brooks, Professor of Law, Columbia Law School
Evan Criddle, Associate Professor of Law, William & Mary Law School
Hanoch Dagan, Professor of Law and former Dean, Tel Aviv University Faculty of Law
Deborah DeMott, David F. Cavers Professor of Law, Duke Law
Avihay Dorfman, Lecturer in Law, Tel Aviv University Faculty of Law
Hon. James Edelman, Justice, Supreme Court of Western Australia
Evan Fox-Decent, Associate Professor of Law, McGill University Faculty of Law
Tamar Frankel, Professor of Law and Michaels Faculty Research Scholar, Boston University School of Law
Martin Gelter, Associate Professor of Law, Fordham University School of Law
Joshua Getzler, Professor of Law and Legal History, University of Oxford Faculty of Law
Andrew Gold, Professor of Law, DePaul University College of Law
Michele Graziadei, Professor of Law, University of Turin Faculty of Law
Sharon Hannes, Professor of Law and Director, Tel Aviv-Berkeley Executive LL.M. Program, Tel Aviv University Faculty of Law
Genevieve Helleringer, Leverhulme Trust Early Career Fellow, University of Oxford Faculty of Law
Ethan Leib, Professor of Law, Fordham University School of Law
Daniel Markovits, Guido Calabresi Professor of Law, Yale Law School
Paul Miller, Assistant Professor of Law, McGill University Faculty of Law
James Penner, Professor of Law, University College London Faculty of Laws
David L. Ponet, Parliamentary Specialist at UNICEF
Irit Samet, Senior Lecturer, King’s College London School of Law
Michael Serota, Criminal Code Reform Attorney
Robert Sitkoff, John L. Gray Professor of Law, Harvard Law School
D. Gordon Smith, Associate Dean and Glen L. Farr Professor of Law, Brigham Young University Law School
Henry Smith, Fessenden Professor of Law and Director, Project on the Foundations of Private Law, Harvard Law School
Lionel Smith, James McGill Professor of Law, and Director, Paul-Andre Crepeau Centre for Private and Comparative Law, McGill University Faculty of Law
For more information about the Philosophical Foundations of Fiduciary Law conference, please contact the director of events at email@example.com.
Download the conference schedule.
Professor Joshua Sarnoff, director of DePaul's Center for Intellectual Property Law, called yesterday's Supreme Court ruling against isolated DNA patenting "momentous."
"The decision will free researchers, clinicians, and the public to perform research and diagnosis without restriction to use of patent holders' laboratories," explained Sarnoff.
The case concerned patents held by Utah-based Myriad Genetics company, which identify genes that correlate with an increased risk of hereditary breast and ovarian cancer. The patent claimed to own isolated DNA molecules that have not been modified from natural genetic sequences by removing the non-coding DNA regions.
Sarnoff says the decision is also significant as the court categorically reaffirmed that products of nature “are not the kind of thing that Congress intended to be subject to private ownership through patent rights, and that mere isolation from nature is not sufficient to change the nature of those products into human 'inventions.'
"The ruling will also allow competition in diagnosis and promote additional research thorough the creation of a public database of information on mutations, which currently Myriad possesses as a trade-secret, access-restricted database that it was able to create from its ability to direct all genetic testing to its own laboratories."
After the ruling, three companies and two university labs said that they would begin offering genetic testing in the field of breast cancer, the New York Times reported.
Sarnoff takes issue with the court's additional ruling to authorize patenting of synthetically-created DNA, known as cDNA. He also expressed concern that the court may not have provided a sufficiently clear line to distinguish natural products from human inventions.
“However,” he states, “[the court] clearly rejected the asserted ‘reliance’ interests of the plaintiffs and others in investments made to seek these patents, given that the Patent Office has issued patents on isolated DNA sequences for many years. As the court stated, those concerns are for Congress, where we can now expect biotechnology and pharmaceutical and chemical patent owners to turn next.”
Professor Sarnoff joined with other intellectual property law and constitutional law professors to file an amicus brief in the case. He is currently the featured expert on DePaul's Newsroom.
College of Law Professor Barry Kellman has been named Fulbright Distinguished Chair in Public International Law to Lund University in Sweden. Kellman was selected for one of the most prestigious Fulbright appointments, with only two such positions awarded worldwide. Fulbright is the U.S. government’s premiere international educational exchange program.
Kellman, who also directs the College of Law’s International Weapons Control Center, will teach and lecture in the areas of public international law, international criminal law and weapons control. He also will present three public lectures to the Lund University community during his semester-long appointment that begins January 2014.
“I look forward to the opportunity to present my ideas and interact with students and faculty at Lund University,” said Kellman, who received a Fulbright Lecturer Award to Fudan University in Shanghai China in 1986. “International law was founded four centuries ago to reduce the horror of warfare. Threats of mass violence have changed drastically, yet understanding the legal principles and mechanisms that support global peace and security has never been more imperative.”
Kellman is a known authority on issues of global weapons control and security and has worked closely with entities such as the United Nations, the U.S. government, and the European Union. His scholarship has focused on areas such as weapons of mass destruction proliferation and terrorism, biological terrorism, Middle East arms control and nuclear nonproliferation. He is the author of BIOVIOLENCE—PREVENTING BIOLOGICAL TERROR AND CRIME, which presents a comprehensive strategy for averting intentional infliction of disease. He also has written reports on topics related to biological and chemical threats on behalf of the U.S. and has organized more than 20 major international workshops on biological security policy.
Appointed in February by Dean Mark, Professor Joshua Sarnoff is the new faculty director of the Center for Intellectual Property Law and Information Technology (CIPLIT).
Professor Sarnoff is a patent attorney, as well as an accomplished academic who has made great contributions to the intellectual property program since joining DePaul three years ago. Professor Sarnoff takes over CIPLIT for Professor Barbara Bressler, who, after directing CIPLIT for six and a half years, decided to step down in January. As director emeritus, she will continue to be heavily involved with CIPLIT students and programs alike.
Professor Brian F. Havel, academic director of the International Aviation Law Institute, delivered his first lecture as newly-appointed visiting professor of law at Leiden University Law School in the Netherlands on May 13.
The topic was sweeping, The Legal Regime Governing Trade in International Air Services, and effectively allowed Professor Havel to review an entire semester's worth of material in an intensive three-hour session. The students are enrolled in the Advanced Master of Laws (LL.M.) Program in Air and Space Law at Leiden's International Institute of Air and Space Law. Professor Havel will return to Leiden to give further lectures in September and November 2013.
Professor Havel will be in Dublin, Ireland, in the week beginning June 17, 2013, to present a new course in international aviation law at University College Dublin (UCD), where he was also recently appointed as visiting professor of law. The course, which he will co-teach with UCD lecturer Noel McGrath, is specially designed for aviation professionals. Ireland is one of the leading world centers of aviation corporate finance and also the home state of the international aircraft registry established under the recently-effective Cape Town Convention. As well as presenting a complete overview of trade in international air services, the course will include modules that are specifically focused on the acquisition and disposition of aircraft under that convention.
In mid-July, Professor Havel will complete his historic two-year term as Keeley Visiting Fellow at Wadham College, University of Oxford, before returning to Chicago.
Professor Barry Kellman presented "The Relevance of General International Law for Debris Questions" at an event held by the European Space Policy Institute on April 11. See the video below.
Space Nuisance—An International Tort
The international space community has devoted considerable attention to the ever worsening problem of space debris. In 2008 guidelines on debris mitigation were endorsed by the UN General Assembly as a soft law instrument. A pervasive view holds that avoidable debris creation is undesirable and runs counter to the interests of the global community, but that no hard law norms ban such debris creation. It is the validity of this assumption which was tested at the ESPI event through a number of presentations by eminent international lawyers. In addition the question of the position of law relative to the new ideas on active debris removal was addressed.
DePaul College of Law's Jody Raphael has been named the 2013 recipient of the Illinois State Bar Association's Human Rights Section's Gertz Award. The award honors the long-standing, continuing and exceptional commitment to the protection and advancement of human rights.
Raphael, a senior research fellow with the Schiller DuCanto & Fleck Family Law Center, will recieve the award at the association's June luncheon in Lake Geneva, Wisconsin.
Professor Michael Grynberg's article “More Than IP: Trademark Among the Consumer Information Laws” will be featured in The William and Mary Law Review in 2014. The article considers how trademark law is more closely related to other consumer information regimes—e.g., false advertising laws and FTC regulations—than to incentive-based IP laws like copyright and patent.
Professor Grynberg identifies situations in which optimal trademark policy depends on ascertaining the state of play in another consumer information regime. Yet, he proposes that the problem is more complicated than simply determining how another body of law treats a parallel issue, and notes that the resulting complexity has consequences for trademark’s future. He contends that courts should try to accommodate consumer information law’s variety by simplifying trademark issues in order to minimize the need for cross-doctrinal assessments. He also explores one approach to simplification—the prospect that trademark law would benefit from “offloading” some of its expanding scope to other consumer information regimes.
IALI Director Brian Havel and FedEx/United Airlines Resident Research Fellow John Mulligan represented the institute at the 2013 IATA Legal Symposium February 17 to 19 in Berlin. The three-day conference included panels and presentations concerning a number of international aviation law and policy issues on which the institute has worked over the past few years, including aircraft finance, antitrust and dispute resolution. During the final session, Professor Havel participated in a lively panel debate entitled "Does International Air Law Still Matter?"
International Aviation Law Institute Co-Director Michael Jacobs has been selected as the keynote speaker for the 24th annual workshop of the Competition Law & Policy Institute of New Zealand (CIPLINZ), which will take place on August 2 in Auckland. Professor Jacobs also will present a paper at the event. The CLPINZ serves as a key forum for experts to contribute to future competition legal and policy initiatives. The workshop is attended by lawyers, economists, regulators and judges from New Zealand, Australia and the Asia-Pacific region.
In a recent article in the New York Times titled "Museum Leaders Toughen Artifact Acquisition Guidelines," blogger Randy Kennedy discussed the new rules incorporated by the Association of Art Museum Directors (AAMD).
The vote will strengthen the requirements museums must meet in order publish pictures and information about antiquities that may be subject to questions of looting.
Since 2008, museums have posted information about antiquities they've acquired on an AAMD-sponsored website. Museums will now need to publish pictures and information about these artifacts, as well as cite a reason for acquisition.
Though the publication guidelines enforce greater ethical responsibility in cultural heritage, Professor Patty Gerstenblith, director of the Center for Art, Museum and Cultural Heritage Law, still expressed concern over the acquisition of these antiquities.
“What I want to see is the museums not acquiring these things in the first place,” Gerstenblith said. “It remains to be seen how they enforce that part."
Today President Obama is home in Chicago, pressing Congress to act on his proposals to reduce gun violence. The president’s proposals come at a critical time for our nation. This is a watershed moment when political leaders might exercise courage to curtail the epidemic of gun violence.
At DePaul University College of Law, a Program on Gun Violence has been initiated by Professor Barry Kellman. This is the only such program at an American law school, and one of the very few law-based programs to focus on these issues. The mission of the DePaul Program on Gun Violence is to contribute to the understanding of the law of curtailing gun violence and thereby enable that law to be optimally effective. This mission is based on the recognition that these issues are complex with dimensions that go from international trafficking to local crime control. We strive to educate people about these issues (within and outside DePaul) and to contribute rigorous legal analysis to the public debate.
According to Professor Kellman, the president’s proposals are altogether consistent with the Second Amendment; in fact, the president’s proposals strengthen the Second Amendment’s express commitment to building the security of a free country. Certainly, the nation’s Founding Fathers understood that a democracy must have the right to decide how much lethal force private citizens can put to use. While everyone has a right to defend themselves, the Supreme Court has made clear that society has the right to regulate firearms for its security, and “dangerous and unusual” weapons, including machine guns and other military weapons, do not have Second Amendment protections.
Kellman went on to say that the gun industry depends on the fear of violence. If not for that fear, gun sales would be limited to hunters and sportsmen. Through its own circular logic, the violence that guns accelerate is the source of demands for more guns. Of course the profits of this industry are stratospheric, and industry’s suggestion that school teachers should be heavily armed is perfectly consistent with the idea that the response to the deadly use of guns should be more guns.
In the end, says Kellman, guns do not cause violence, but guns make violence more immediate and entirely without recourse or protection. Guns do not make evil or the mental imbalance that leads to evil, but they enable evil to magnify its impact on us all, no matter how innocent. Each year, year after year, the joy and potential of too many people are taken forever by guns.
The DePaul Program on Gun Violence, established under the aegis of the International Weapons Control Center, is responsive to the president’s call that “We were sent here to make what difference we can, to secure this nation, expand opportunity, and uphold our ideas through hard, often frustrating, but absolutely necessary work of self-government.”
Professor Kellman is available to discuss these issues further at firstname.lastname@example.org or 847-708-8765.
In fall 2012, Professor Joshua Sarnoff presented on intellectual property and climate change as part of a panel on intellectual property and international law at the annual meeting of the American Branch of the International Law Association in New York City.
Professor Sarnoff also presented on the recent Supreme Court patent case in Mayo v. Prometheus and the Myriad gene patent case, for which the Supreme Court just granted certiorari, as part of a panel with the lawyer representing Myriad at the National Association of College and University Attorney’s fall 2012 workshop in Washington, D.C. In January, he will be filing a law professor’s brief in the case. Professor Sarnoff made a presentation on these cases on a panel at the Indiana University’s Robert H. McKinney School of Law’s conference on intellectual property and public rights of access in November.
Finally, he published another article on problems with the new patent act with practicing lawyer Chico Gholz in the November issue of IP Today and a book review of Eric Lane’s "Clean Tech Intellectual Property" in the IP Law Book Review.
Professor Sarnoff is a faculty member affiliated with the Center for Intellectual Property Law & Information Technology (CIPLIT). At DePaul, he teaches Patent Law and other intellectual property courses. He has written numerous articles and book chapters on patent law and has been involved in a wide range of intellectual property legal and policy disputes.
Professor Margit Livingston wrapped up the fall 2012 semester with a number of scholarly activities, including online publication of five essays for Lexis on emerging issues under UCC Article 9. Livingston also updated and revised two lengthy chapters for Lexis for forthcoming publication in its Commercial Damages treatise.
She presented and distributed a paper on the regulation of horse racing under state law and trade association regulations to attendees at the DePaul Animal Law Symposium. The DePaul Business & Commercial Law Journal also published her transcript of a presentation on recent developments under UCC Article 9.
Professor Livingston was also involved in the final editing of a law review article entitled “Copyright Infringement of Music: Determining Whether What Sounds Alike Is Alike,” which will be published in January in Volume 15 of the Vanderbilt Entertainment and Technology Law Journal.
Most recently, Professor Livingston published her 51st online essay for LexisNexis on commercial law and IP topics. In addition, her commentary entitled "Piggybacking on Glory" on the right of publicity has been accepted for publication by the Florida Law Review Forum, an online companion to the Florida Law Review.
Finally, she has three chapters forthcoming in a new Lexis book, Illinois Contract Litigation Practice Manual. Her chapters will cover quasi-contract, attorneys' fees, and contract damages.
Professor Livingston is a faculty member affiliated with the Center for Intellectual Property Law & Information Technology (CIPLIT), co-director of the LL.M. in Intellectual Property Law, and director of the Center for Animl Law. She teaches and writes in the areas of intellectual property, commercial law and animal law. Her courses include Secured Transactions, Intellectual Property Survey, Copyright, Theater Law, Remedies and Consumer Law among others.
Co-Director of the International Aviation Law Institute
Mike Jacobs continues to participate in important antitrust and competition law conferences worldwide.
On December 8, Jacobs attended the Asian Competition Forum's (ACF) annual board of directors meeting in Hong Kong. The ACF was founded in 2005 by a group of academics in law and economics and experts in competition law in the Asia-Pacific region. The organization promotes economic competition through research and study of law and economics through teaching, conferences and seminars, and publications.
Professor Jacobs also spoke at the ACF's 8th Annual Conference, presenting his paper titled "Developing a Culture of Competition--a Subversive View." The conference was held at Hong Kong Polytechnic University. The following day, Professor Jacobs chaired a panel discussion on "Contemporary Issues in Japanese Antitrust."