2021-2022 DePaul College of Law Academic Reputation

D E PAUL LAW FACULTY

FROM THE DEANS

It is a true privilege to put together this brochure each year—to have an opportunity to step back from our day-to-day work and reflect on the myriad ways the DePaul law faculty made a difference in our legal community over the past year. We are particularly struck this year by the ways our faculty are influencing legislation, policy and court decisions—from work with the World Health Organization to assure affordable access to COVID-19 technology, to work to protect cultural heritage in Ukraine against the backdrop of war, to advocacy on behalf of disabled Americans, to work with state governments to ensure that more Americans have access to health insurance. Our faculty is committed to using their platforms to make a difference.

This year, we also are proud that our faculty is growing. We welcome two new tenure-track faculty and two new Jaharis Faculty Fellows to add depth to our expertise in criminal law, race and the law, constitutional law and the U.S. Supreme Court, and health law and intellectual property.

We continue to grow in other ways as well, with particular emphasis on the scholarly conversations taking place with our students and our broader community. We are especially proud of the great Clifford Scholarin-Residence and Enlund Scholar-in-Residence programs and the many great symposia and other events that we host each year.

As always, DePaul law faculty are interested in receiving your 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,

Jennifer Rosato Perea Wendy Netter Epstein Dean and Professor of Law Associate Dean of Research & Faculty Development

@DePaulLawDean and Professor of Law @ProfWEpstein

NEW FACULTY

PROFESSOR JESSE

CHENG, JD/PhD, a noted scholar of capital defense mitigation, restorative justice, and empathy and the law, joined the DePaul law faculty in July 2022 as an assistant professor of law. He will teach Criminal Law, Criminal Procedure, and Race & the Law.

Professor Cheng’s research investigates the cultivation of empathy for individuals from vulnerable populations with a focus on how criminal defense advocates can overcome barriers to empathy toward capitally charged defendants. His work, published in leading interdisciplinary journals, including Law & Social Inquiry and Law, Culture and the Humanities builds on his nearly decade-long experience as a private criminal defense attorney specializing in capital sentencing. He also is a frequent contributor to the popular press, having written op-eds for publications such as the New York Daily News and USA Today.

Professor Cheng’s newest work takes on violence against Asian Americans. He argues that the emerging use of restorative justice can be powerfully described as critical race theory in action: restorative approaches aim for deeper, broader and more self-reflective kinds of accountability while promoting cross-racial solidarity. His scholarship draws on findings from his field research with the organization Stop AAPI Hate.

Professor Cheng comes to DePaul College of Law from the Department of Social and Cultural Sciences at Marquette University. He earned his JD from Harvard and his PhD in Sociocultural Anthropology from the University of California, Irvine.

PROFESSOR MANOJ

MATE , JD/PhD, also joined the DePaul law faculty in July 2022 as an associate professor of law with tenure. He will teach Constitutional Law and The Supreme Court & Public Policy.

Professor Mate’s interdisciplinary research focuses on the study of law and inequality, U.S. and comparative constitutional law, international and comparative law, and election law. His academic writings have been published or are forthcoming in leading law reviews and journals, including the Yale Journal of International Law, Stanford Journal of Civil Rights & Civil Liberties, Columbia Human Rights Law Review, Berkeley Journal of International Law, Tulane Law Review, Nevada Law Journal and the Journal of Human Rights. He also has peer-reviewed chapters published in volumes by the Oxford University and Cambridge University presses.

Professor Mate has been a law professor since 2011 and has received multiple awards for his teaching. He previously served as the University of Windsor’s first Canada Research Chair and as the Canada Research Chair in International Trade Law. Prior to Windsor Law, he held visiting appointments or faculty positions at the University of California Irvine School of Law, Harvard Law School, the University of California Berkeley School of Law and Whittier Law School. At Berkeley Law, he also served as a Mellon Sawyer Fellow at the Center for the Study of Law and Society and as a Fellow in Global Comparative Law.

Professor Mate has held numerous leadership appointments, including as chair of the Association of American Law Schools’ sections on Comparative Law and Law and South Asian Studies. Prior to entering the legal academy, he practiced in the areas of litigation and election law in California, and he worked as a researcher for the 2006 Voting Rights Reauthorization Initiative at the Chief Justice Earl Warren Institute on Law and Social Policy. Professor Mate received both his BA and PhD in Political Science from UC Berkeley and his JD from Harvard.

NEW JAHARIS FACULTY FELLOWS IN HEALTH LAW AND IP/IT

The Jaharis Faculty Fellows Program provides scholars interested in pursuing careers in legal academia with an avenue for creating and disseminating their scholarship and teaching courses where two dynamic legal fields increasingly intersect—health law and intellectual property law/information technology, broadly construed.

Jaharis Faculty Fellows work with and are mentored by faculty affiliated with DePaul’s nationally ranked Mary and Michael Jaharis Health Law Institute and Center for Intellectual Property Law & Information Technology.

JULIE L. CAMPBELL is a health law attorney, certified health care compliance specialist, medical ethicist and medical-legal scholar. In her teaching and research, she views the health care system through an interdisciplinary lens, identifying problems that impact patient care and health outcomes, with a focus on how technological advances in medicine impact patient decision-making and the dying process. She also is passionate about correcting systemic errors that contribute to premature death. Her work on

mandatory medical simulations recently appeared in Health Matrix: The Journal of Law-Medicine, and her article, “ The Ethical Use of Observation Units: Empowering Physician Autonomy for Patient Placement Decisions ,” with Kathy Lee and Emily Mann, was recently published in the University of Houston Journal of Health Law & Policy.

Previously, Campbell was a senior fellow with the MacLean Center for Clinical Medical Ethics at the University of Chicago and a health law consultant to the New York Times documentary series “New York Times Presents.” She also is an experienced litigator with a focus on representing physicians and health care institutions on contract matters, consulting on medical malpractice lawsuits and recently working within the American Medical Association’s Litigation Center. Campbell has taught

various health law courses for both DePaul and Loyola University Chicago. She received her BA and BS from Miami University, her JD with honors from Chicago-Kent and her LLM in Health Law from Loyola University Chicago.

RICK WEINMEYER

is a fifth-year PhD candidate in social sciences and public health at Northwestern University. He researches important questions of public health law, health policy and bioethics, and he applies mixed methods to empirical questions in health law. His dissertation explores the public toilet crisis in the United States and provides an in-depth look at the legal and policy changes needed to improve public toilet availability and accessibility.

Prior to pursuing his PhD, Weinmeyer spent four years serving as a senior research associate for the Council on Ethical and Judicial Affairs at the American Medical

Association (AMA). During his tenure with the AMA, he researched and wrote on subjects at the intersection of health policy, public health law and medical ethics, including expanded access to unapproved drugs, religious and philosophical vaccination exemptions, and hospital mergers and their impact on patient care. Weinmeyer earned his BA in political science from the University of Washington, his MPhil in sociology from Cambridge University, and his JD and MA in Health Law and Bioethics from the University of Minnesota.

SELECTED LAW REVIEW AND PEER-REVIEWED PUBLICATIONS

PROFESSOR WENDY NETTER EPSTEIN’S article, “Can Moral Framing Drive Insurance

Enrollment in the U.S.?,” with coauthors, will be published in the Journal of Empirical Legal Studies. The article reports on four phases of research funded by the Robert Wood Johnson Foundation . To encourage health insurance uptake, marketers and policymakers have focused on consumers’ economic self-interest. Still, some consumers see insurance as a bad deal, either because they rationally exploit private risk information or irrationally misperceive the value due to cognitive biases. As a result, about 30 million Americans remain uninsured, including many who could afford it. Epstein, Co-Principal Investigators Christopher Robertson (BU) and David Yokum (Brown), and other collaborators, test whether moral framing could support insurance uptake.

The results of their field study testing whether consumers clicked Google ads to “shop now” on the healthcare.gov website are particularly notable.

Consumers saw advertisements from a control group (highlighting economic self-interest) versus three experimental groups (helping others, helping community or responsibility). Epstein et al. found English ads emphasizing “responsibility” increased click-through rates (CTRs) by 30.3% over the control, and “helping community” and “helping others” ads also out-performed the control. In Spanish, “Helping community” ads were most effective, increasing CTRs over the control by 33.7%. The research team is now conducting a field study with state health exchange partners.

Epstein’s other recent publications include “ The Health Equity Mandate,” published in 2022 in the Journal of Law & Biosciences and reviewed in JOTWELL and “ The Healthcare System Misnomer ” in the 2021 Ohio State Law Review symposium issue.

PROFESSOR MICHAEL GRYNBERG’S article, “Living with the Merchandising Right,” will be published by the Yale Journal of Law & Technology. In it, he describes how trademark law has come to embrace the “merchandising right,” which allows trademark holders to control the sale of goods that feature trademarks as a product feature (e.g., a Red Sox baseball cap). Because the right is inconsistent with fundamental trademark principles and incentivizes overreach by trademark holders, it creates doctrinal instability throughout trademark law. The article identifies these spillovers and suggests ways to accommodate them.

Grynberg’s other article, “‘ TRUMP TOO SMALL’ and the Problem of Trademark Merchandising,” is forthcoming in the Columbia Journal of Law & the Arts.

In “The Article III Party and the Originalist Case against Corporate Diversity Jurisdiction,” forthcoming in the William & Mary Law Review, PROFESSOR MARK MOLLER and co-author Lawrence Solum (Virginia) present detailed new evidence that corporations’ access to federal diversity jurisdiction is unconstitutional as an original matter. In a previous article, they showed corporations are not themselves “citizens” of a state within the original sense of Article III’s Diversity of Citizenship Clause. On this point, the Marshall Court agreed. But, in Bank of United States v. Deveaux the Marshall Court rescued corporate diversity jurisdiction by holding that, while corporations are not citizens, the diverse citizenship of the members of a corporation can ground federal diversity jurisdiction in suits proceeding in the corporate name. As Moller and Solum show, in this ruling, the Marshall Court overreached. Their article, they write, gives “corporate America … a significant stake in the ongoing debate over when and how the Supreme Court should correct its constitutional mistakes.”

Moller’s other article, “Hugo Black and the Forgotten Role of Litigant Autonomy in New Deal Federalism ,” is forthcoming in the George Mason Law Review.

SELECTED LAW REVIEW AND PEER-REVIEWED PUBLICATIONS continued

In “Compelling Trade Secret Transfers,” forthcoming in 2023 in the Hastings Law Journal , PROFESSOR JOSHUA

SARNOFF and Professor

David S. Levine (Elon and Stanford Center for Internet & Society) describe how trade secret information has limited the ability to perform COVID-19 research. It also has limited the ability to develop, test, gain regulatory approval for, manufacture and distribute globally, and at sufficient scale and affordable prices, the needed vaccines, therapeutics, diagnostics, medical devices and personal protection equipment. Their article explores when compensation obligations may arise in response to government compulsion of trade secret transfers from rights holders to competitors or to the public. It then describes the failures in COVID-19 responses resulting from trade secrets that were not adequately and voluntarily licensed. It demonstrates that, consistent with international law obligations, governments are free to compel trade secret transfers. Given national freedom to act, the article then provides numerous examples of existing U.S. and European authorities that have been or could be used to compel the transfer or licensing of trade secrets.

Sarnoff also published “Design Patents Are Theft, Not Just A ‘Fraud On The Public,’ Who Need Legislation To Restore Their Repair Rights” in the Berkeley Technology Law Journal in 2021.

In “The Unfinished Revolution for Immigrant Civil Rights,” forthcoming in 2023 in the University of Pennsylvania Journal of Constitutional Law, PROFESSOR ALLISON

TIRRES 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 inclusion of noncitizens in equal protection doctrine took a surprising turn, 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 robust

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 based on their lack of citizenship. This article is the first legal history to examine equal protection doctrine as it relates to noncitizens during this pivotal era, and it provides crucial context for understanding the history of the Equal Protection Clause and the continued struggles for immigrant rights today.

SENIOR PROFESSIONAL LECTURER ANTHONY

VOLINI’S article with Farzana Ahmed, “Strategies to Deter Child Pornography in the Absence of a Mandatory Encryption Back Door: Tipster Programs, a Licensed Researcher System, Compelled Password Production, & Private Surveillance,” was published in the DePaul Journal of Art, Technology & Intellectual Property Law in 2022.

ASSISTANT DEAN OF EXPERIENTIAL LEARNING MARTHA PAGLIARI and LEGAL WRITING CO-DIRECTOR JODY

MARCUCCI’S article, “Zoom Oral Arguments, Should They Stay or Should They Go?,” is forthcoming in Perspectives: Teaching Legal Research & Writing (Vol. 30, Issue 1).

BOOKS, BOOK CHAPTERS AND TREATISES

PROFESSOR PATTY

PROFESSOR ALBERTO COLL’S chapter, “Keeping our Eyes on the Fundamentals: The Prospects for Renewing the Western Alliance in a Post-Pandemic World,” was published in AfteR coVid: life togetheR beyond the PAndemic (James M. Houston ed., Regent College Publishing 2022).

PROFESSOR WENDY NETTER

EPSTEIN published a chapter, “Disrupting the Market for Ineffective Medical Devices,” in the futuRe of medicAl deVice RegulAtion: innoVAtion And PRotection (2021).

The eleventh edition of PROFESSOR DAVID FRANKLIN’S casebook, conflict of lAWs (with Herma Hill Kay, Larry Kramer and Kermit Roosevelt), was published by West Academic in 2022.

GERSTENBLITH’S chapter, “Hobby Lobby, the Museum of the Bible and the Law: A Case Study of the Looting of Archaeological Artifacts from Iraq,” was published in the Routledge anthology Antiquities smuggling: in the ReAl And V RtuAl WoRld (Layla Hashemi and Louise Shelley eds., 2022).

Professor Gerstenblith’s chapter, “Ethical Guidelines for Publishing Ancient Texts,” also will be published as part of the peer-reviewed, multi-authored volume: Antiquities smuggling: in the ReAl And V RtuAl WoRld.

Grynberg also contributed chapters to two recently published books:

“The Consumer Duty of Care in Trademark Law” was published in ReseARch hAndbook on tRAdemARk lAW RefoRm (Graeme B. Dinwoodie and Mark D. Janis eds., Edward Elgar 2021).

The fifth edition of PROFESSOR JEROLD FRIEDLAND’S book, undeRstAnding PARtneRshiP And llc tAxAtion, was published by Carolina Academic Press in 2022.

PROFESSOR MICHAEL

GRYNBERG publicly released his free casebook, tRAdemARk lAW, that compiles the materials he has used to teach his trademark classes for the past decade. He also created a companion YouTube channel, which hosts 50 videos explaining various points of trademark doctrine.

“Property Law and the Intellectual Property Agenda” was published in hAndbook of intellectuAl PRoPeRty ReseARch (Irene Calboli & Maria Lillà Montagnani eds., Oxford University Press 2021).

BOOKS, BOOK CHAPTERS AND TREATISES continued

An updated paperback edition of PROFESSOR ROBERTA KWALL’S book, Remix JudAism: PReseRVing tRAdition in A diVeRse WoRld, was released in March 2022. The edition contains a new preface concentrating on the 2020 Pew Report on the American Jewish Community.

PROFESSOR MARGIT

LIVINGSTON revised her chapter, “Community Property,” in debtoRcReditoR lAW tReAtise (LexisNexis 2022).

PROFESSOR MARK WEBER’S chapter, “Least Restrictive Environment and the Education of Children with Disabilities,” was published in the oxfoRd hAndbook of u s educAtion lAW (Kristine L. Bowman ed., Oxford University Press 2021).

Livingston also revised various chapters in commeRciAl dAmAges tReAtise (LexisNexis 2022).

SPOTLIGHT ON PUBLIC ADVOCACY

In response to the COVID-19 pandemic, PROFESSOR JOSHUA

SARNOFF served in 2021 and 2022 as a consultant to the World Health Organization COVID-19 Technology Access Pool. Working with Ana Santos Rutschman

(DePaul Jaharis Faculty Fellow Alumna), they advised on contractual terms for health product funding agreements to improve technology transfer and to better assure affordable access. They also crafted recommended terms for funding agreements based on evaluative criteria developed in conjunction with numerous experts.

In 2022, Professor Sarnoff prepared an updated white paper on federal legislation to create an exception to design patent infringement for non-functional automobile repair parts. He also provided advice to a legislative coalition opposing pending legislative efforts to revise patent subject matter eligibility, with a goal of resuming the ability to patent isolated genes and other uncreative applications of natural discoveries.

For the past two years, PROFESSOR PATTY

GERSTENBLITH has served as president of the Board of the U.S. Committee of the Blue Shield. The Blue Shield is the international symbol for protection of cultural heritage during armed conflict and natural disaster. In this capacity, she worked on enacting legislation that facilitates the temporary import of cultural objects for display in cultural and educational institutions and the import of cultural objects from Afghanistan. She also worked on issues involving cultural heritage in Ukraine, specifically with curators and other cultural heritage professionals currently located in occupied territory.

Professor Gerstenblith also serves as chair of the Blue Shield International Working Group on Illegal Trafficking of Cultural Objects. This working group built on a series of workshops held in Beirut in 2017, 2018 and 2019, for which she was an instructor. A large-scale investigation

of the antiquities collection of Michael Steinhardt was developed, in part, out of these workshops. This investigation culminated in December 2021 with the restitution of 180 artifacts worth approximately $70 million to 11 countries. Professor Gerstenblith provided expert legal analysis for the investigation. She also worked with the Archaeological Institute of America and other archaeological preservation organizations to submit an amicus curiae brief in litigation challenging the Trump administration’s diminution in size of the Bears Ears and Grand Staircase-Escalante National Monuments. The Bears Ears Monument is particularly significant in that it is the first national monument to be jointly administered by the federal government and five Native American tribes.

In Fall 2021, Professor Gerstenblith also had the honor of serving as Dartmouth College’s Montgomery Fellow, where she spent two weeks in residence and engaged in a wide variety of activities, including speaking in classes, advising students and faculty, and consulting on projects.

PROFESSOR MAGGIE LIVINGSTON’S 2007 law review article,” A Rose by Any Other Name Would Smell as Sweet (or Would It?): Filing and Searching in Article 9’s Public Records ,” was cited in an opinion by the Eleventh Circuit Court of Appeals: 1944 Beach Blvd., LLC v. Live Oak Banking Co. (In re NRP Lease Holdings, LLC) (December 11, 2021).

PROFESSOR MARK WEBER assisted with the respondent’s merits brief in CVS Pharmacy, Inc. v. Doe, cert. dismissed, 142 S. Ct. 480 (November 12, 2021), and he appeared as an amicus curiae on the petition for certiorari in Perez v. Sturgis Public Schools, 3 F.4th 236, 6th Circuit, petition for cert. filed, No. 21-887 (December 15, 2021).

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

MEDIA

PROFESSOR ALBERTO COLL was the guest for live conversations on Radio y TV Nacional de España’s Sunday morning program on the war in Ukraine on April 6 and June 12 2022, and he also appeared several times on WTTW’s Chicago Tonight:

OP-EDS, BLOG POSTS AND OTHER POPULAR WRITING

PROFESSOR ALBERTO COLL published “Ukraine and the Allure of False Realisms” in RealClearWorld (June 29, 2022)

• “Emotional intelligence makes every space holy,” New York Jewish Week/The Times of Israel (March 2022)

• He participated in a panel discussion regarding the events related to the U.S. military’s departure from Afghanistan: “Biden Says He Stands ‘Squarely Behind’ Afghanistan Decision” (August 16, 2021)

• He discussed Russia and Ukraine with Cecile Shea of the Chicago Council on Global Affairs: “Biden-Putin Talks on Ukraine Crisis Rooted in Older Dispute” (December 6, 2021)

PROFESSOR PATTY GERSTENBLITH was quoted or referenced in many publications, including “Rare ‘Gilgamesh’ Tablet One Step Closer to Being Returned to Iraq,” The Washington Post (July 29, 2021); “Iraq Reclaims 17,000 Looted Artifacts, Its Biggest-Ever Repatriation,” The New York Times (August 3, 2021); “Hobby Lobby’s owner returned thousands of artifacts to Iraq. How did he get them in the first place?,” The Washington Post (August 10, 2021); “That Robby Hobby,” Slate (October 4, 2021).

PROFESSOR WENDY NETTER EPSTEIN published two blog posts for Harvard’s Bill of Health:

• “Saving Lives and Decreasing Costs: The Economic Case for Health Justice” (September 22, 2021)

• “We Need to Do More with Hospitals’ Data, But There Are Better Ways” (July 7, 2021) (with Charlotte Tschider, Jaharis Faculty Fellow Alumna)

PROFESSOR MICHAEL GRYNBERG published an oped, “TRUMP TOO SMALL and the Problem of Trademark Merchandising,” in the World Trademark Review (May 28, 2022). A video version of the essay is publicly available.

PROFESSOR ROBERTA KWALL published:

• Four “G” Words We Need in 2022, Jewish Journal (December 24, 2021)

• “Jewish organizations need more focus on the lowhanging fruit,” E-Jewish Philanthropy (February 24, 2022)

DEAN JENNIFER ROSATO PEREA’S op-ed, “How Law Schools Can Navigate Toward Equity and Inclusion,” was published by Law360 (March 24, 2022).

PROFESSOR ALLISON TIRRES published “Contesting Birthright Citizenship: The Aftermath of Wong Kim Ark” in JOTWELL (July 6, 2022), which reviewed Amanda Frost’s article, “‘By Accident of Birth’: The Battle over Birthright Citizenship After United States v. Wong Kim Ark,” 32 yAle J. l. & humAn. 38 (2021).

PROFESSOR MARK WEBER’S essay, “Taking Disability Discrimination Out of the Public Charge Rule,” was published in University of Pennsylvania Law School’s The Regulatory Review (October 28, 2021).

• He joined Northwestern University Professor Yohanan Petrovsky-Shtern to discuss Russia’s invasion of Ukraine: “Russia Invades Ukraine on Many Fronts in ‘Brutal Act of War’” (February 24, 2022)

PROFESSOR WENDY NETTER EPSTEIN was quoted in the Crains article “Why ivermectin is a lose-lose for hospitals” (September 9, 2021).

PROFESSOR DAVID FRANKLIN appeared on a WTTW Chicago Tonight panel with Kori Carew, chief inclusion and diversity officer at Seyfarth Shaw, and Audra Wilson, president and CEO of the Shriver Center on Poverty Law, to discuss “What’s ahead for Judge Ketanji Brown Jackson, Biden’s Supreme Court nominee?” (February 28, 2022).

PROFESSOR ROBERTA KWALL was quoted in “Reach the Nones wherever they are: How religious leaders are trying to stem the tide,” USA Today (September 21, 2021).

PROFESSOR JULIE LAWTON was interviewed by ABC News about U.S. Justice Ketanji Brown Jackson’s confirmation hearings: “Prominent attorneys on historic confirmation of Judge Jackson to Supreme Court” (April 7, 2022), and she also appeared in a Fox News segment discussing the dangers of abandoned and blighted properties: “Deathtraps for firefighters: U.S. cities aim to fix widespread abandoned building problem” (March 25, 2022). Additionally, the DePaul Business Law Clinic, co-directed by Professor Lawton and Steve Wiser, was featured in a CBS Chicago news story discussing the support it provided to one of the Clinic’s clients during the pandemic (December 6, 2021).

DEAN JENNIFER ROSATO PEREA was quoted in “For Black lawyers, roadblocks to partnership persist,” Crain’s Chicago (June 10, 2022). She also was quoted in “DePaul Law Launches Three-Year Summer Program for First-Generation Students,” Law.com (March 16, 2022).

PODCASTS

The February 2022 episode of PROFESSOR ROBERTA KWALL’S podcast, Remix Your Judaism, co-hosted with Rabbi Avi Finegold, featured Sarah Hurwitz, former lead speechwriter for Michelle Obama. The March 2022 episode featured Dr. Rabbi Vanessa Ochs, Professor of Religious Studies at the University of Virginia. Professor Kwall also was featured in the Hebrew Union College Jewish Institute of Religion’s podcast, College Commons, hosted by Dean Joshua Holo (March 2022).

JAHARIS FACULTY FELLOW THEODOSIA STAVROULAKI

hosted various episodes of the Jaharis Podcast on Health Law and Intellectual Property, including:

• Mind the Gap: Immigration Policies Can Harm Health Outcomes in the USA , featuring Medha Makhlouf, Assistant Professor of Law and Founding Director, Medical-Legal Partnership Clinic, Penn State Dickinson Law, and Assistant Professor, Department of Public Health, Penn State College of Medicine (May 9, 2022)

DEAN JENNIFER

ROSATO PEREA joined Northwestern Pritzker School of Law Dean Hari Osofsky on the Chicago Bar Association podcast, @TheBar, to discuss the current state of legal education (September 23, 2021). She also was a guest on The Noncompliant Podcast, “The One Where We Have a Dean for the Day,” where she discussed the College of Law’s new First Generation in Law Scholars Program with host Jay Edelson, a nationally recognized plaintiff’s attorney and founder of Edelson PC (July 19, 2022).

• Pharmacy Deserts Widen Health and Racial Inequities in the USA , featuring Dr. Dima Qato, Hygeia Centennial Chair and Associate Professor of Pharmacy, University of Southern California School of Pharmacy (April 9, 2022)

• Apollo’s Arrow: How will COVID-19 affect our society and lives? , featuring Dr. Nicholas Christakis, Sterling Professor of Social and Natural Science, Yale University (January 27, 2022)

• Stigma, Bias and Discrimination: How Can They Harm Our Health?, featuring Doron Dorfman, Associate Professor of Law, Syracuse University (December 2021)

• Gun Violence is a Public Health Crisis , featuring Michael Ulrich, Assistant Professor of Health Law, Ethics and Human Rights, Boston University School of Public Health and School of Law (December 2021)

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

SCHOLARS-IN-RESIDENCE AND SYMPOSIA

settlements, and to achieve global peace. Once mass litigation moves from the period of establishing liability to the period of administration of claims, however, these critical elements of civil justice—transparency, adversarialism and the development of law—break down. Professor Glover called for the development of “Back-End Law” for mass litigation settlement, a law that would create transparency, introduce and harness adversarialism, and generate needed development of precedent in this critical area of civil justice.

2022 ENLUND SCHOLAR-IN-RESIDENCE: THE WORK OF DEMOCRACY

Justin Levitt, White House Senior Policy Advisor for Democracy and Voting Rights; Professor of Law and Gerald T. McLaughlin

Fellow, Loyola Marymount University

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.

At this year’s lecture, Professor Justin Levitt, who was appointed to the Domestic Policy Council led by Ambassador Susan Rice, addressed the state of our democracy and the ways in which the democratic project itself has come under attack. While some may despair, he discussed the tools at our disposal, in the public and private sectors alike, to counter these attacks. Professor Levitt’s talk drew on his important work assisting the President in his efforts to ensure every eligible American has secure, reliable access to a meaningful vote; to provide equitable representation in federal, state and local government; to restore trust in a democracy deserving of that trust; and to shore up and expand the avenues by which all Americans engage in robust civic participation.

2021-2022 CLIFFORD SCHOLAR-IN-RESIDENCE: THE LAW OF THE BACK-END

Maria Glover, Professor of Law, Georgetown University

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-inResidence Program continues this proud tradition of developing up-and-coming leaders in the civil justice field.

At this year’s lecture, Professor Maria Glover addressed a series of cross-cutting issues that arise in mass litigation after settlements have been reached—the “back end” of mass litigation. Settlements have long been described as the dominant endgame of mass litigation, and Professor Glover argued that for a great many mass litigations, including those regarding NFL Concussions, the BP Oil Spill, RoundUp, Volkswagen Diesel Emissions, In re National Prescription Opiates, Asbestos and many more, settlement is just the beginning.

Prior to finalizing mass litigation settlements, our system of civil justice relies on a number of formalities that create, facilitate and harness transparency, adversarialism and the development of law to protect parties, produce fair and reasonable

2022 JAHARIS SYMPOSIUM ON HEALTH LAW & INTELLECTUAL PROPERTY LAW: ANTITRUST AND ACCESS TO CARE—LESSONS FROM MARKET CONSOLIDATION AND A PUBLIC HEALTH CRISIS

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.

After two years of virtual convenings, this year’s hybrid symposium explored how consolidation across health care markets has impacted access to care, as access issues in health care are beginning to reach crisis point. Over the past decade, corporate interests have dictated structural changes in health care markets, and consumers now face more barriers than ever when it comes to obtaining affordable, quality care. In response, the Biden Administration and the newly formed White House Competition Counsel are promoting more vigorous antitrust enforcement— scrutinizing actions taken by hospitals and drug companies in particular.

The symposium brought leading scholars, policy makers, and practitioners to campus to discuss the impact of market consolidation on health insurers and medical providers, health and hospital systems, and pharmaceutical companies.

28TH ANNUAL CLIFFORD SYMPOSIUM ON TORT LAW AND SOCIAL POLICY: LITIGATING THE PUBLIC GOOD— PUNISHING SERIOUS CORPORATE MISCONDUCT

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.

It is frequently assumed that the executive branch of government is responsible for the enforcement of the laws designed to curb serious misconduct, whether by individuals or corporations. The methods employed by the executive branch include administrative regulation and criminal prosecution, and it is anticipated that these methods will effectively identify and punish harmful acts. This is a simplistic conceptualization of law enforcement in America. It does not account for tort or other private claims as front-line tools of policing to address and deter harmful conduct, particularly by large corporations.

This year’s Clifford Symposium focused on the critical need for private litigation to confront corporate harms that cost human lives, such as the fallout from the opioid epidemic or the deadly results of manufacturing malfeasance in the auto and aircraft industries. Sessions covered bankruptcy, corporate responsibility, tort law, the Boeing Max, as well as an overview of private litigation and the public good.