DePaul College of Law Academic Reputation

D E PAUL LAW FACULTY CREATING KNOWLEDGE, IMPACTING THE LAW

LETTER FROM THE DEANS

This past year will undoubtedly go down in the history books, with highly consequential court decisions coming down on topics pertaining to race, religion, free speech, gay rights, reproductive autonomy, voting rights, environmental protections, technology, intellectual property and more. The DePaul College of Law faculty rose to the moment, bringing our hard work and expertise to bear on the legal community during these important times.

In the pages that follow, we highlight just some of that important work. In addition to traditional scholarship, DePaul law faculty submitted multiple amicus briefs to the United States Supreme Court, testified before the United States Patent & Trademark Office, and drafted op-eds and opinion pieces on wide-ranging topics in The Washington Post, Wall Street Journal, LA Times, Chicago Tribune, The Hill, and Newsweek, among others.

Our strengths in health law and intellectual property remains evident, with faculty publishing more than a dozen articles in those important areas this past year. We also continue to build on our strength in business law, as we welcome new Assistant Professor of Law Karl Lockhart, who comes to us with corporate law practice experience and having consulted for an Africa-focused private equity company.

Launched last fall, our Racial Justice Initiative (RJI) hit the ground running, and we were proud to welcome our first Racial Justice Fellow, Nathan Fleming, to the DePaul community. The RJI brings together students, lawyers, researchers, policymakers and activists to collaborate on community-driven solutions to advance racial justice, taking an interdisciplinary approach to tackling racial injustice and inequity in policing, housing, economic opportunity, education, health and voting rights.

As always, the DePaul law faculty are interested in receiving feedback, developing new opportunities to collaborate and learning about ways our work might intersect. Please don’t hesitate to reach out to us.

All our best,

NEW FACULTY

This Fall, we welcomed ASSISTANT PROFESSOR OF LAW KARL LOCKHART Specializing in business law, Professor Lockhart will teach Business Organizations, Securities Regulation, Unincorporated Business Entities and other advanced business law courses.

Prior to joining DePaul, Professor Lockhart clerked for two federal judges and consulted for an Africa-focused private equity company. He also was an associate at Hogan Lovells, where he spent time in both the firm’s corporate and investigations groups and maintained a pro bono practice.

Professor Lockhart’s legal scholarship has been published in the Virginia Law Review, the Boston College Law Review and the Georgetown Journal of International Law. He received his BA, magna cum laude, from Boston College and his JD, order of the coif, from the University of Virginia.

NEW FELLOW

As DePaul College of Law’s inaugural Racial Justice Initiative Fellow, NATHAN FLEMING studies and advocates for vulnerable communities in Chicago. He is a doctoral candidate in higher education at the University of Pennsylvania, researching important questions at the intersection of law, race, public policy and education. His dissertation explores the evolution of mission at Historically Black Law Schools and provides an up-to-date account of the history of African Americans in American law schools.

Fleming, a native of Washington, DC, previously served as shadow U.S. Representative for the District of Columbia, an elected advocate to Congress on issues related to DC statehood and other federal matters. His work was instrumental in the passage of the historic DC Statehood legislation in the House of Representatives in 2020 and 2021. He also served as a legislative and committee director at the DC Council where he authored several pieces of legislation to expand educational, housing, employment and community equity throughout Washington, DC. Fleming taught Appellate Advocacy as an adjunct professor at the University of the District of Columbia David A. Clarke School of Law and was awarded the Yale Entrepreneurship Fellowship in 2013.

He earned his bachelor’s degree in political science from Morehouse College, his master’s degree in public policy from Harvard University, and his law degree from the University of California, Berkeley.

SELECTED LAW REVIEW AND PEER-REVIEWED PUBLICATIONS

JAHARIS FACULTY FELLOW JULIE L. CAMPBELL’S article, “Systemic Failures in Health Care Oversight,” is forthcoming in the Georgia Law Review in 2024. Hospitals are intentionally shirking their duty to identify and report incompetent medical practitioners, and it is causing catastrophic injuries to patients. Two decades of health care reforms have changed the way physicians and hospitals interact in the U.S. healthcare system, and as a result, the traditional health care oversight tools no longer work to ensure physician competence. Campbell’s article offers a solution: switch the databank from a blacklist of incompetent practitioners to a database for the employment and hospital affiliation histories for all medical practitioners and also have the National Practitioner Data Bank or a private accreditation organization require that all hospitals complete a mandatory questionnaire for all practitioners during the credentialing process.

PROFESSOR WENDY NETTER EPSTEI N’S article, “The Effects of Price Transparency and Debt Collection Policies on Intentions to Consume Recommended Health Care: A Randomized Vignette Experiment,” with co-authors Christopher T. Robertson and Hansoo Ko, is forthcoming in the Journal of Empirical Legal Studies in 2023. New laws promote price transparency in health care, though effects on patient decisionmaking are not known and may cause lower-income patients to decline recommended care at higher rates, worsening inequities in health outcomes. The effect of debt collection policies on health care consumption also has been insufficiently studied. Deploying a nationally representative sample and a full factorial, controlled experiment in a standardized clinical vignette model, the authors found that when a price is higher than expected, it causes patients to be nearly 1.5 times as likely to decline recommended/valuable care. Also, collections disclosure can be even more important than price disclosure in affecting patient decisions; disclosing aggressive collections policies increases the risk of declining care at higher rates for low-income patients.

Professor Epstein also has two articles under review, “Moral Framing and Affirmative Outreach as Drivers of Health Insurance Enrollment in Medicaid and a State Exchange: A Randomized Field Experiment,” with co-authors, and “Polycentric Healthcare Innovation,” with Laura G. Pedraza-Fariña. Her other article, “Can Moral Framing Drive Insurance Enrollment in the United States?,” with coauthors, was published in the Journal of Empirical Legal Studies in 2022.

RACIAL JUSTICE INITIATIVE FELLOW

NATHAN FLEMIN G’S article, “Strategies to Build Racial Equity in Land Use & Zoning,” was published in the Spring 2023 edition of the Harvard Kennedy School Anti-Racism Policy Journal. His essay builds on existing scholarship by surveying and analyzing innovative approaches to build racial equity into zoning and land use decisions that are being implemented in jurisdictions nationwide. It also makes a set of policy recommendations for jurisdictions to strengthen their approach to racial equity in land use and zoning. As analysis of this area is limited, Fleming’s essay contributes by critically engaging with the ongoing work to address the legacy of racial subordination and marginalization in land use policies.

PROFESSOR MICHAEL GRYNBER G’S article “Trademark Free Riders” is forthcoming in the Berkeley Technology Law Journal. The Article explains that trademark law has been shaped by the view that “free riding” by trademark defendants is wrongful. Many trademark reformers argue that this view distorts trademark law by obscuring fundamental questions about societal welfare. But it raises the question of whether anti-free-riding stories stem not from rational argument but hard-wired human intuitions. If the resonance of free-riding stories cannot be eliminated, they can at least be ameliorated by recognizing a simple truth: Trademark holders free ride, too. As it is, the relative silence in trademark precedent about plaintiff free riding leaves critical doctrinal gaps. This asymmetry should be corrected. If morality stories are to be a part of trademark law, then they should be applied in a balanced manner.

Professor Grynberg also recently published “Living with the Merchandising Right (Or How I Learned to Stop Worrying and Love Free-Riding Stories)” in the Yale Journal of Law & Technology in 2023 (selected for re-publication in the 2023 edition of the Intellectual Property Law Review) and “The Trademark Problem of ‘TRUMP TOO SMALL’ ” in the Columbia Journal of Law & Arts in 2022.

PROFESSOR MAX HELVESTO N’S article, “Regulating Economic Opportunism in Post-Disaster Markets,” is forthcoming in the North Carolina Law Review in 2023. The article analyzes a particular type of consumer protection law— anti-price gouging laws—that have been thrust into the spotlight by the COVID-19 pandemic and other recent disasters. While anti-pricing gouging statutes have existed for decades, the scale of the market disruptions witnessed in the past few years have put them into the public consciousness like never before. While this publicity has led to coverage in popular media and a surge of interest from scholars, these laws have been severely undertheorized within the legal academy. After reviewing the traditional legal and economic objections to anti-price gouging laws, the article establishes the flaws in these arguments. Not only are they shown to be theoretically unsound, but they also are demonstrably undermined by recent qualitative data. The adoption of specific reforms to anti-price gouging laws would help protect consumers from exploitation while minimizing negative externalities.

PROFESSOR ROBERTA ROSENTHAL KWAL L’S article, “The Role of Ghetto Art in Holocaust Education and Fighting Antisemitism,” is forthcoming in the DePaul Law Review in 2023. Her essay explores how works of artistic enterprise such as art, literature, music and other genres of expression created by Jewish prisoners during the Holocaust have an unparalleled communicative power given the unique circumstances in which they were created. As such, they stimulate a unique type of dialogue between the work’s creator and its viewer and serve as an important educational tool and significant change agent for the discourse surrounding antisemitism.

PROFESSOR GREGORY MARK

published “Race and Ranking” in Rutgers Race & Law Review in 2022.

The essay uses Michael Conklin’s article, “The Curious Case of Howard Law School’s Peer Ranking,” 23 R utge R s R ace & L. R ev 299 (2022), which notes that an unexplainable, or at least unexplained, difference exists between Howard Law School’s peer ranking and general ranking in U.S. News as a basis to discuss the potential use of socio-economic factors of a student body in school rankings. The essay speculates that if such criteria were introduced, one unintended result might well be the weakening of HBCU law schools. Using analogies both within education and in other areas, the essay suggests that the possible decline of HBCU law schools is a cognizable possibility with unknown repercussions.

Professor Mark’s other essay, “The New Capitalism, the Old Capitalism, and the Administrative State,” is forthcoming in the University of Chicago Law Review in 2023–2024.

PROFESSOR MANOJ MATE published

“ Felony Disenfranchisement and Voting Rights Restoration in the States” in the Nevada Law Journal in 2022. The article analyzes the legal, political and policy dimensions of state level efforts to restore voting rights for persons with felony convictions through popular initiatives and state legislation and civil rights litigation. It analyzes the latest wave of state restrictions on voting rights of persons with felony convictions within a broader historical context and suggests these recent restrictions are yet another form of circumvention of constitutional commitments to fundamental rights and equality. The article also analyzes how recent state level reforms restoring voting rights of persons with felony convictions illustrate the need to look beyond conventional partisan or blue-red state divisions, as some progress has been made in conservative states with Republican majorities. By analyzing state political dynamics and particular institutional structures of governance in the regulation of voter qualifications, the article reveals that some progress on voting rights restoration is possible, even in states with Republican majorities or Republican leadership. Based on this analysis, the article highlights the significant challenges and obstacles facing voting rights litigation, and the need for broader strategies related to administrative reform and transparency initiatives and political mobilization at the federal and state level.

PROFESSOR MARK MOLLER

published “The Article III ‘Party’ and the Originalist Case Against Corporate Diversity Jurisdiction” with co-author Lawrence B. Solum (Virginia) in the William & Mary Law Review in 2023.

In this article and a previous one, they develop the first sustained originalist critique of corporate diversity jurisdiction. Their previous article demonstrated that corporations are not “citizens” given the original meaning of that word, but they noted this finding alone does not sink general corporate diversity jurisdiction. The ranks of corporate shareholders include many undoubted “citizens,” and corporate litigants might preserve their access to diversity jurisdiction if that jurisdiction can vest through diverse shareholder citizenship. In this article, they consider whether corporations can indeed preserve access to diversity jurisdiction via this route. They conclude they cannot. From an originalist perspective, shareholders are not parties to Article III “controversies” that proceed in the corporate name. In such controversies, shareholder citizenship cannot establish diversity jurisdiction. As a result, corporations are not citizens and normally cannot use shareholder citizenship to access diversity jurisdiction. As such, general corporate diversity jurisdiction is not authorized by the constitutional text.

PROFESSORS OF LEGAL PRACTICE MARTHA PAGLIARI and JODY MARCUCC I’S article, “Zoom Oral Arguments: Should They Stay or Should They Go?,” was published in Thomson Reuters’

Perspectives: Teaching Legal Research & Writing in 2023. In Spring 2020, DePaul University, like other universities, shifted to an almost exclusively remote format. With short notice, legal writing faculty pivoted to teaching oral advocacy in the form of a trial motion argument to an online audience. Now that law schools are back to “normal,” they explore whether oral advocacy skills in a remote setting should remain part of a robust advocacy program, and if so, where those skills best fit within the curriculum.

PROFESSOR ALLEN MOYE published “ Reflections on Establishing the DePaul Law Review” in the DePaul Law Review in 2023 to commemorate the 70th anniversary of the founding of the DePaul Law Review. The article looks back at the origins of academic law reviews and journals in 19th century America. This unique type of publication proliferated among law schools in the early 20th century, ultimately becoming a symbol of stature and prominence. Serving as editor on a law review or journal afforded many students a rare opportunity for personal and professional development beyond the classroom. In this piece, 15 past editors-in-chief of the DePaul Law Review, spanning six decades, describe how their experiences helped guide and shape their careers and their lives.

PROFESSOR JOSHUA SARNOF F’S article, “Compelling Trade Secret Transfers,” with co-author David S. Levine (Elon), was published in the Hastings Law Journal in 2023.

The article describes the failures in COVID-19 responses resulting from trade secrets that were not voluntarily licensed and explains why patent law disclosures have been inadequate to assure competitive global research, development and production. Consistent with international law obligations, governments are free to compel trade secret sharing and may not be obliged to award compensation for such sharing when regulating to address public health. The article canvasses existing United States, European and other authorities that have been or could be used to compel the sharing or licensing of trade secrets and notes the potential to adopt more explicit legislation authorizing compelled or induced behaviors. It provides a first critical step toward rethinking the nature of international trade secret protections and seeks to develop the political will for governments to protect the global public from the harms that trade secret rights can generate.

SELECTED LAW REVIEW AND PEER-REVIEWED PUBLICATIONS (cont.)

PROFESSOR ALLISON BROWNELL TIRRES ’ article, “The Unfinished Revolution for Immigrant Civil Rights,” is forthcoming in 2023 in the University of Pennsylvania Journal of Constitutional Law. The article explores the U.S. Supreme Court’s landmark 1971 decision in Graham v. Richardson, which declared noncitizens to be a “discrete and insular minority” under the Equal Protection Clause, catalyzing an extraordinary era of litigation in support of the civil rights of noncitizens. Noncitizens and their attorneys succeeded in overturning hundreds of discriminatory laws, transforming the doctrine of equal protection and convincing courts that aliens should be protected from invidious state discrimination. Yet after just a few years, the tide quickly turned, as the Court backtracked from expansive protections and created an exceptional “dual standard” for alienage discrimination. As a result, noncitizens were pushed outside the fold of Fourteenth Amendment protection. Today, states continue to bar immigrants —both documented and undocumented—from a wide range of professions, economic activities and forms of political engagement. This article is the first legal history to examine equal protection doctrine as it relates to noncitizens during this pivotal era and provides crucial context for understanding the continued struggles for immigrant rights today.

Professor Tirres’ other article, “Exclusion from Within: Noncitizens and the Rise of Discriminatory Licensing Laws,” is forthcoming in 2024 in Law & Social Inquiry

PROFESSOR OF LEGAL PRACTICE

ANTHONY VOLIN I’S article, “The Right to Data Privacy: Revisiting Warren & Brandeis,” is forthcoming in the Northwestern Journal of Technology & Intellectual Property in 2023. The article analyzes the 1890 article “The Right to Privacy,” by Warren & Brandeis, comparing privacy and technology in 1890 versus today. Comparison to 1890 serves as a helpful frame of reference for considering a path forward for the U.S. legal system to address continually evolving new technologies that engender new privacy harms. While a constitutional information privacy amendment would be difficult to enact, it would provide a variety of benefits worth considering.

PROFESSOR MARK WEBE R’S article, “ Special Education Cause Lawyers,” is forthcoming in the Case Western Reserve Law Review in 2024. This essay is the first study of the work of lawyers who view educational rights for children with disabilities as a social cause. The research consists of structured interviews of select attorneys from around the country and tests whether the conclusions about disability cause lawyers drawn by Waterstone, Stein and Wilkins (in Disability Cause Lawyers, their pathbreaking study of 13 leading attorneys involved in disability rights work) hold true for special education cause lawyers. Following the approach in that paper, this study considers attorneys’ backgrounds, practice structure and financing, connections to social movement organizations and modes of advocacy. The scholarly debate on cause lawyering is extensive and contentious, and this study concludes that lawyers who engage in the cause of educational rights of children with disabilities, like other disability cause lawyers, face challenges of litigation financing, wary courts and a splintered social movement. Nonetheless, they manage to avoid practices that some students of cause lawyers have criticized: being entranced with paper victories in court and engaging too much with legal elites and not enough with the social movement.

JAHARIS FACULTY FELLOW RICK

WEINMEYE R’S article, “Lavatories of Democracy: Recognizing a Right to Public Toilets through International Human Rights and State Constitutional Law,” is forthcoming in the University of Pennsylvania Journal of Constitutional Law in 2024. Based on Weinmeyer’s research, the United States is a public toilet nightmare. Truly public toilets are a rarity, while the restrooms provided by private businesses are inconsistently available via “customer only” policies and the discriminatory actions of owners and their employees. The result is an accumulation of entirely preventable public health harms, including outbreaks of infectious disease, illness and dignitary harms. This article is the first to provide a comprehensive review of U.S. toilet law—the laws and policies that determine where bathrooms are provided and who has access to them—and diagnose its failings. It is clear that the status quo has failed to address this most basic human biological necessity. The article ultimately makes the case that recognizing a state constitutional right to public bathrooms is the best way to address the United States’ ongoing public toilet crisis. Drawing from recent developments in international human rights, it sets forth the basis on which courts could recognize a right to public toilets as part of a state constitution’s public health provision.

Weinmeyer’s other article, “The Ethical and Legal Obligations for Research Involving Pregnant Persons in a Post-Dobbs Context,” with Seema K. Shah and Michelle L. McGowan, is forthcoming in the Journal of Law, Medicine & Ethics in 2023.

BOOKS, BOOK CHAPTERS AND TREATISES

PROFESSOR PATTY GERSTENBLIT H’S chapter, “Ethical Guidelines for Publishing Ancient Texts,” was published in v a R iant s cho L a R ship : a ncient t exts in M ode R n c ontexts (Neil Brodie, Morag Kersel and Josephine Munch Rasmussen eds., Sidestone Press 2023).

Professor Gerstenblith also authored the chapter, “Protecting Cultural Heritage: The Ties between People and Places,” which was published in c u Ltu R a L h e R itage and M ass a t R ocities : L ega L , p o L itica L , and h u M anita R ian p e R spectives (James Cuno and Thomas Weiss eds., Getty Publications 2022).

PROFESSOR JULIE D. LAWTO N’S book, B usiness F unda M enta L s Fo R L aw s tudents : c oncepts , p R o BL e M s ets , and c ase s tudies , was published by Carolina Academic Press in May 2023.

PROFESSOR MARGIT LIVINGSTON published the following updated and revised chapters:

• “Construction Law,” in c o MM e R cia L d a M ages t R eatise (LexisNexis 2022)

• “Community Property,” in M atthew B ende R d e Bto R - c R edito R L aw t R eatise (Theodore Eisenberg ed., LexisNexis 2022)

FORTHCOMING BOOKS AND CHAPTERS

PROFESSOR WENDY NETTER EPSTEIN is co-editing the forthcoming book, h ea Lth L aw as p R ivate L aw : p ath o R p atho Logy (I. Glenn Cohen, Wendy Netter Epstein, Christopher T. Robertson and Carmel Shachar eds.), which will be published by Cambridge University Press.

PROFESSOR MAX HELVESTON is currently working with Leo P. Martinez (UC Law San Francisco) and Douglas R. Richmond (AON Risk Solutions) on the 10th edition of the book, c ases and M ate R ia L s on i nsu R ance L aw , which will be published by West Academic Publishing in 2024.

PROFESSOR ROBERTA ROSENTHAL KWAL L’S chapter, “Lawmaking in the Conservative Movement,” is forthcoming in 2024 in the o x Fo R d h and B ook o F J ewish L aw (Roberta Rosenthal Kwall, Zev Eleff and Chaim Saiman eds.).

PROFESSOR MARK WEBER published the 2022 online supplement to his book, s pecia L e ducation L aw : c ases and M ate R ia L s (Carolina Academic Press, 5th ed., 2021).

PROFESSOR GREGORY MAR K’S chapter, “Legal Personality,” is forthcoming in t he e ncyc Lopedia o F c o R po R ate c o MM unication (Klement Podnar ed., Edward Elgar 2024).

PROFESSOR STEVEN H. RESINCOF F’S chapter, “Issur Arkaot and Dina DeMalkhuta Dina: Interrelationships Between Jewish and Secular Legal Systems,” is forthcoming in 2024 in the o x Fo R d h and B ook o F J ewish L aw .

SPOTLIGHT ON PUBLIC ADVOCACY

RACIAL JUSTICE INITIATIVE LAUNCHED

Launched in Fall 2022, the DePaul Law Racial Justice Initiative (RJI) brings together students, lawyers, researchers, policymakers and activists to collaborate on communitydriven solutions to advance racial justice, specifically in Chicago and Illinois. As an extension of the law school’s long-standing commitment to diversity, equity and inclusion, the RJI works at the nexus of public policy and the legal system, taking an interdisciplinary approach to tackling racial injustice and inequity in policing, housing, economic opportunity, education, health and voting rights.

Led by FACULTY DIRECTOR MANOJ MATE and inaugural RJI FELLOW NATHAN FLEMING , the RJI also supervises a number of student research assistants who tackle specific areas of interest and are assigned to relevant community advocacy organizations that have expertise in those particular areas.

PROFESSOR JOSHUA SARNOFF

presented testimony on artificial intelligence (AI) and inventorship at the United States Patent and Trademark Office (USPTO) Artificial Intelligence Listening Session and subsequently submitted comments in response to the USPTO’s request for comments on AI and inventorship (April 25, 2023).

He filed an amicus brief in the U.S. Court of Appeals for the Federal Circuit in LKQ Corp. v. GM Global Technology Operations, No. 2022-1253, supporting en banc review to revisit the standard of obviousness for design patents (April 6, 2023). En banc review was subsequently granted, and he plans to file an amicus brief on the merits.

He presented joint testimony with Professor David Levine (Elon) based on their article, “Compelling Trade Secret Transfers,” 74 h astings L.J. 987 (2023), to the U.S. International Trade Commission regarding the lack of necessity or sufficiency of TRIPS Waivers (March 22, 2023).

Professor Sarnoff, along with Professors Sharon Sandeen (Mitchell Hamline) and Ana Santos Rutschman (Villanova), filed an amicus brief in a U.S. Supreme Court patent case, Amgen et al. v. Sanofi et al., No. 21-757 (February 10, 2023), addressing the proper standards for the patent law enablement doctrine. The case addressed how broadly applicants can claim antibody discoveries, in this case for low-density-lipoprotein receptor blocking. The Court’s decision can be read here.

Lastly, he prepared an updated White Paper, “Protecting the Consumer Patent Law Right of Repair and the Aftermarket for Exterior Motor Vehicle Repair Parts: The SMART Act,” H.R. 1879, 117th Congress (August 2022). The paper explains the pressing need to promote competition in the repair industry and to control sky-rocketing costs for consumers by enacting into law the Save Money on Auto Repair Transportation Act (SMART Act), H.R. 3664, 117th Congress (2021). Without legislative adoption of the SMART Act, American consumers will continue to absorb over $1.5 billion per year in additional costs when they repair their vehicles after collisions.

PROFESSOR MARK WEBER appeared as an amicus curiae in Luna Perez v. Sturgis Public Schools, 143 S. Ct, 859 (2023), which established that administrative exhaustion is not required for a damages claim brought by a deaf student who alleged that the school system had discriminated against him on the basis of disability by failing to provide needed educational services.

He also assisted the team of advocates in drafting the Illinois Civil Rights Remedies Restoration Act, H.B. 2248, which provides remedies under state law for emotional distress caused by discrimination that violates federal civil rights laws. The bill passed both houses of the General Assembly on May 10, 2023, and was signed by Governor Pritzker on June 30, 2023.

SPOTLIGHT ON PUBLIC ADVOCACY

PROFESSOR PATTY GERSTENBLITH

serves as board president of the U.S. Committee of the Blue Shield, as well as chair of the Blue Shield International Working Group on Illicit Trafficking of Cultural Objects. Blue Shield is a movement dedicated to the preservation and protection of cultural heritage during armed conflict.

She also is a member of the Archaeological Institute of America’s Cultural Heritage Committee. In that role, this past year she worked on litigation concerning the Bears Ears and Grand StaircaseEscalante National Monuments declared by President Biden.

PROFESSOR ALLEN MOYE

continued his three-year term on the Depository Library Council (DLC). DLC members advise the U.S. Government Publishing Office and its director on policy matters relating to the Federal Depository Library Program. Since joining the council, Professor Moye has been active on task forces exploring the permanence of Persistent Uniform Resource Locators (PURLs); the exposure of disparities in access to information as a result of COVID-19; and the challenges faced by depository libraries that work with underserved or uniquely challenged populations.

OP-EDS, BLOG POSTS, POPULAR WRITING, MEDIA AND PODCASTS

OP-EDS, BLOG POSTS AND OTHER POPULAR WRITING

PROFESSOR ALBERTO COL L’S article, “Educating for Freedom,” was published by the Jack Miller Center’s The American Experiment (Winter 2023), and an abridged version was published by Real Clear Public Affairs (February 16, 2023).

PROFESSOR WENDY NETTER EPSTEIN and Associate Professor

Daniel Goldberg’s (Colorado) op-ed, “The CDC loosened its COVID rules. Who fills in this public health vacuum?” (August 17, 2022), and their opinion, “The COVID ‘emergency’ is ending. Here’s who will be hurt most” (February 16, 2023), were both published by the Los Angeles Times.

PROFESSOR MICHAEL GRYNBER G’S op-ed, “Jack Daniel’s trademark court case poses a danger to free expression,” was published by the Chicago Tribune (March 6, 2023).

PROFESSOR OF LEGAL PRACTICE JAMIE KLEPPETSC H’S post, “The Evolution of AASE and a New Era of Possibilities,” was published on the Law School Academic Support Blog (May 3, 2023).

PROFESSOR ROBERTA ROSENTHAL KWAL L’S cover story, “Making the Case for Jewish Ritual,” was published by the Jewish Journal (September 1, 2022), and she also had the following opinion pieces published:

• “Allowing Rabbis to Officiate Intermarriages Will Alienate the Conservative Movement From Its Own Members,” Forward (January 12, 2023)

• “Law Professors are Panicking About Teaching Dobbs: I Use the Talmud,” Forward (December 8, 2022)

• “Judaism and Human Creativity,” Aish (October 6, 2022)

• “The Decline of Non-Orthodox American Judaism; The trends in belief and practice are concerning,” Wall Street Journal (August 8, 2022)

PROFESSOR MARGIT LIVINGSTO N’S essay, “I Use Non-Binary Pronouns in Class,” was published by Newsweek (June 22, 2023).

PROFESSOR MANOJ MATE published the op-eds “Rents and evictions are skyrocketing: We need national housing security,” The Hill (December 11, 2022), and “If state lawmakers want tenants protected, state lawmakers will have to protect tenants,” Nevada Current (February 1, 2023).

PROFESSOR ALLISON BROWNELL TIRRES ’ perspective, “It doesn’t make sense to bar authorized immigrants from certain jobs,” was published in The Washington Post (June 20, 2023). She also had two articles published by JOTWELL:

• “Constitutional History in the Middle Ground and Beyond: Indigenous Perspectives,” JOTWELL (July 13, 2023), reviewing Gregory Ablavsky and W. Tanner Allread, “We the (Native) People?: How Indigenous Peoples Debated the U.S. Constitution,” 123 c o Lu M . L. R ev . 243 (2023)

• “Contesting Birthright Citizenship: The Aftermath of Wong Kim Ark,” JOTWELL (July 6, 2022), reviewing Amanda Frost’s article, “‘By Accident of Birth’: The Battle over Birthright Citizenship After United States v. Wong Kim Ark,” 32 y a L e J.L. & h u M an . 38 (2021)

JAHARIS FACULTY FELLOW RICK WEINMEYE R’S article, “The Public Reliance on Private Toilets,” was published on the Law and Political Economy Blog (October 6, 2022).

MEDIA AND PODCASTS

PROFESSOR MONU BEDI was quoted in “No ‘slam-dunk’ in potential precedent-setting case against Highland Park shooting suspect’s father, experts say,” Chicago Sun-Times (May 15, 2023).

PROFESSOR ALBERTO COLL is quoted in “Cuba Approves Same Sex Marriage in Historic Vote,” New York Times (September 26, 2022). He also was interviewed by Spanish National Radio’s chief military affairs correspondent, “USA degrada el poderío militar ruso a un costo muy bajo” (June 2, 2023).

PROFESSOR DAVID FRANKLIN was quoted in “The Right’s Religious Liberty Agenda Is on a Collision Course With Labor Law,” The Nation (October 17, 2022). He also spoke with CBS Chicago’s Chris Tye, “Inside the SAFE-T Act hearing” (March 15, 2023) and on Illinois Public Media, “Illinois Supreme Court hears arguments on Illinois’ assault weapons ban” (May 15, 2023).

PROFESSOR PATTY GERSTENBLITH was quoted or referenced in:

• “Artifacts meant for a White House party ended up at Mar-a-Lago. Awkwardness ensued.” The Washington Post (July 21, 2023)

• “At the Met, She Holds Court. At Home, She Held 71 Looted Antiquities,” The New York Times (July 17, 2023)

• “A Rare Statue of Buddha Fails to Sell at Auction as Questions Swirl Around a Renowned Art Collection,” Crains Chicago Business and ProPublica (March 27, 2023)

• “Nepal Wants a Sacred Necklace Returned. But The Art Institute of Chicago Still Keeps It On Display,” Crains Chicago Business and ProPublica (March 21, 2023)

• “For U.S. Museums with Looted Art, the Indiana Jones Era is Over,” The New York Times (December 13, 2022)

OP-EDS, BLOG POSTS, POPULAR WRITING, MEDIA AND PODCASTS (cont.)

Professor Gerstenblith also was interviewed for the Freakonomics podcast series: Stealing Art is Easy. Giving it Back is Hard. In Part 1, “ The Case of the $4 Million Gold Coffin,” she she discussed the market in antiquities, museum practices, legal framework and economic consequences (May 3, 2023).

PROFESSOR MICHAEL GRYNBERG was interviewed by Fox32 News Chicago, “Supreme Court sides with Jack Daniel’s in dispute with makers of dog toy” (June 8, 2023), and by WGN Radio’s Legal Face-Off regarding the same case (April 13, 2023).

PROFESSOR ROBERTA ROSENTHAL KWALL appeared on A RABBI

AND A LAWYER WALK INTO A BAR podcast, co-hosted by Rabbi Asher Lopatin and John Geiringer, where she discussed the state of observance of American Jews (February 2023). She also spoke on the REMIX JUDAISM podcast, Jewish Learning in Modern Liberal Societies, where she joined Rabbis Avi Finegold and Daniel Horwitz to explore who the audiences are for Jewish learning now, who should actually be the focus, and how Remix Judaism can think of Jewish learning as a practice in and of itself (July 2022).

PROFESSOR JULIE D. LAWTON was interviewed by Fox News Chicago, “Ketanji Brown Jackson Sworn in as Supreme Court Justice” (June 30, 2022).

PROFESSOR MARGIT LIVINGSTON was quoted in “These ‘70s East L.A. Chicano Artists Are Having a Major Revival but Infighting Threatens Their Legacy,” Los Angeles Times (May 5, 2023).

PROFESSOR GREGORY MARK was quoted in “Deals are getting bigger at Mondelez,” Crain’s Chicago Business (November 10, 2022).

PROFESSOR MANOJ MATE was quoted in “Nevada county livestream outage sparks baseless claims of election fraud,” AFP Fact Check (November 17, 2022).

PROFESSOR JOSHUA SARNOFF was quoted in “As the ‘Right to Repair’ Movement Gains Steam, What Does it Mean for Luxury?,” The Fashion Law (January 5, 2023).

PROFESSOR OF LEGAL PRACTICE ANTHONY VOLINI was quoted in “ ANALYSIS: How Innovative Law Schools Prioritize Tech Competence,” Bloomberg Law (February 22, 2023), which discusses DePaul Law’s JD certificate in Information Technology, Cybersecurity & Data Privacy. He also was interviewed by CBS News, “ICE is demanding data from Illinois abortion clinics, restaurants, schools and more using obscure legal tool” (May 18, 2023).

PROFESSOR MARK WEBER is quoted in “SCOTUS Considers When Students With Disabilities Can Sue for Damages,” The 74 (January 17, 2023).

SYMPOSIA AND SCHOLARS-IN-RESIDENCE

In 1994, Robert A. Clifford (’76) endowed a faculty chair in tort law and social policy at DePaul College of Law.

In addition to providing support for faculty research and teaching, the endowment makes possible an annual symposium addressing a timely issue in civil justice.

29th Annual Clifford Symposium on Tort Law & Social Justice: New Torts?

This year’s Symposium explored the concept of “new torts.” Symposium faculty mixed the traditional and the innovative, identifying a broad range of topics as relevant to the conversation. Individual harms as old as battery were said to be ripe for new consideration. The same for the centuries-old doctrine of public nuisance, revived and nominated to serve on a number of fronts. At the other extreme, cutting-edge activities in health care and technology were seen by our scholars as in need of serious examination, most particularly those involved with Artificial Intelligence. And, reflecting heightened social concern, the faculty focused on a number of gender-related issues.

The mix of topics was rich and varied but lead both participants and presenters back to core questions about the work that needs to be undertaken by judges, juries, lawyers and scholars to make sure that the rule of law is preserved and the pivotal mission of torts—to protect individuals from the wrongs done by others—is continued.

The annual Jaharis Symposium on Health Law & Intellectual Property, co-sponsored by the Mary and Michael Jaharis Health Law Institute and the Center for Intellectual Property Law & Information Technology, offers a day-long multidisciplinary event where scholars, practitioners and other professionals convene to share insights from experts from various sectors on the challenges and innovations that come from navigating this rapidly evolving area of law.

Jaharis Symposium on Health Law & Intellectual Property Law: Reproductive Health Care Technology’s Response to a Changing Legal Landscape

The U.S. Supreme Court majority opinion in Dobbs v. Jackson Women’s Health Organization overturned decades of legal precedent, passing the power to regulate this component of reproductive health care to the states and creating a patchwork of differing laws across the country. In doing so, it generated a multitude of questions, particularly around the rights, responsibilities and liabilities of patients and providers seeking and providing medication, abortion and contraceptive care.

This year’s Symposium took an in-depth look at the wide-ranging legal effects and overall impact these radical changes will have on reproductive health care law going forward. Topics included the legal and ethical challenges in fertility medicine, data privacy in reproductive health care technology, and the future of reproductive research and development. Its featured speaker, Radihika Rao, professor of law at UC College of Law, San Francisco, discussed the future of reproductive rights following the U.S. Supreme Court decision in Dobbs through the historic lens of reproductive health care jurisprudence leading up to this moment.

The Clifford Scholar-in-Residence Program annually recognizes a talented rising star in the field of civil justice. The program complements the annual Clifford Symposium on Tort Law & Social Policy, which, for over a quarter century, has brought together civil justice scholars to share their ideas and publish their work. The Clifford Scholar-in-Residence Program continues this proud tradition of developing up-and-coming leaders in the civil justice field.

3rd Annual Clifford Scholar-in-Residence: Pamela Bookman, Professor of Law, Fordham University

PROCEDURE IN LAWYERED AND LAWYERLESS COURTS

The American justice system includes both “lawyered“ and “lawyerless“ courts. Lawyered courts are the federal and state courts that hear, for example, class actions and large-scale commercial disputes, and the kinds of cases where lawyers tend to be paid and plentiful. Lawyerless state courts, on the other hand, hear the vast majority of claims filed in this country, including debt collection and eviction cases.

To Bookman, appreciating this divide reveals similarities and differences between these two types of civil justice in America and illustrates both the promise and limits of focusing on procedural reform as a way of improving the operation of justice. She contended that in some areas, such as ensuring that parties receive notice about lawsuits in which they are involved, be they class actions or eviction proceedings, reform efforts in lawyered and lawyerless courts should be aligned. For instance, both types of courts can benefit from developing technology that notifies parties about legal proceedings. Other examples, however, illuminate where and how lawyers are essential to procedural development and procedural protections. Where lawyers are necessary to develop or reform procedures, injustice in lawyerless courts is a problem in need of a structural solution. Understanding the bulk of state civil courts as lawyerless, therefore, can reveal a need for deeper reform.

Established in 1988, thanks to a gift from the late E. Stanley Enlund (JD ’42), the Enlund Scholar-in-Residence Program brings the nation’s foremost legal minds to the DePaul campus, providing the College of Law community with differing perspectives on law, lawyering and social justice.

Enlund Scholar-in-Residence: Paul Gowder, Professor of Law and Associate Dean of Research & Intellectual Life, Northwestern University

THE RULE OF LAW IN THE UNITED STATES: AN UNFINISHED PROJECT OF BLACK LIBERATION

The United States perceives itself as a republic of law, one in which power— especially government power—is closely regulated by rules rather than by the whims of the powerful. This ideal, known as “the rule of law,“ features prominently in American political debate and also in the face the United States presents to the outside world.

Yet, the protections of our law have always been delivered unequally. At America‘s founding, the claim to respect property rights was paired with the open disregard of the prior claims to the land of Native American nations. And today, subordinated racial groups in segregated neighborhoods continue to be the victims of lawless power in the form of broken windows policing, under which officials claim the authority to minutely supervise the lives of those whose rights they purport to protect and to back up that supervision with hair-trigger violence.

Drawing from his latest book, t he R u L e o F L aw in the u nited s tates : a n u n F inished p R oJ ect o F B L ack L i B e R ation , Professor Paul Gowder suggested that the right response to these circumstances is to understand America‘s claims to the rule of law as the product of struggle, a struggle primarily (though not exclusively) driven by the long movement for Black liberation spanning the abolition movement, the civil rights movement and the contemporary movement for Black lives.

25 East Jackson Boulevard

Chicago, Illinois 60604-2287

law.depaul.edu

©2023 DePaul College of Law