Loyola University Chicago

School of Law

Law Journal Conference




Decisions, Decisions: Exploring Factors that Affect the Judicial Decision-Making Process

Philip H. Corboy Law Center - Power Rogers & Smith Ceremonial Courtroom
25 East Pearson Street, Chicago - Friday, April 8, 2016

Conference Coordinators:
Anna Leahy, Executive Editor of Conference Management
Barry Sullivan, Loyola University Chicago School of Law

Conference Brochure (PDF)



8:00 ­– 8:45 AM | Welcome and Continental Breakfast
Outside the Ceremonial Courtroom, 10th Floor

8:45 – 9:00 AM | Opening Remarks
Ceremonial Courtroom, 10th Floor

9:00 AM – 10:00 AM | Featured Speaker

Is Our Legal Order Just a Bureaucracy?
Robert P. Burns, Northwestern Pritzker School of Law

10:00 – 10:15 AM | Break

10:15– 11:45 AM | Panel #1

Oral Arguments and Judicial Decisions
Jay Tidmarsh, Notre Dame Law School
Timothy Johnson, University of Minnesota
Charles Woodworth, Mayer Brown

11:45 AM ­– 12:45 PM | Lunch in the Courtroom

12:45– 2:15 PM | Panel #2

Judicial Decision-Making Process in
Intellectual Property Cases
Greg Reilly, California Western School of Law
Jonas Anderson, American University Washington College of Law
Floyd Mandell, Katten Muchin Rosenman LLP
Daniel Klerman, USC Gould Law School

2:15 – 2:30 PM | Break

2:30 ­–­ 4:00 PM | Panel #3 

Factors that Influence the Judicial Decision-Making Process
Tracey George, Vanderbilt School of Law
David Law, Washington University School of Law
Mark Rosen, IIT Chicago-Kent College of Law
Joshua Fischman, Northwestern Pritzker School of Law
Tonja Jacobi, Northwestern Pritzker School of Law

ABOUT THE CONFERENCE - The Loyola University Chicago Law Journal proudly announces “Decisions, Decisions: Exploring Factors that Affect the Judicial Decision-Making Process,” to be held on April 8, 2016.

This one-day conference will explore the judicial decision-making process.  Specifically, the conference will highlight various factors that influence how a judge makes decisions.  Speakers will discuss the importance, or unimportance, of oral arguments, the judicial decision-making process in intellectual property cases, and the overall factors that influence the judicial decision-making process.

CONFERENCE LOCATION - The Conference will be held in the Philip H. Corboy Law Center, Power Rogers & Smith Ceremonial Courtroom, on the 10th floor of 25 E. Pearson St. on Loyola University Chicago’s Water Tower Campus. Validated parking is available in a number of locations adjacent to the School of Law.

REGISTRATION INFORMATION - Loyola University Chicago School of Law is pleased to present this Conference at no charge for Loyola students and faculty and individuals not seeking CLE credits.  For those who wish to obtain credit, registration fees are $50 or $40 for alumni.  There is no charge for CLE credit for current faculty, staff or students, and an immediate 50% fee reduction is offered for attorneys working in the areas of government or public interest.  Seating is limited and registration is appreciated.  Open seating will be available on a first-come basis to those who do not register.

The Illinois MCLE Board approved this program for 5.50 hours of General MCLE credit.

ABOUT THE LAW JOURNAL - The Loyola University Chicago Law Journal is the law school’s primary scholarly publication that is distributed throughout the nation’s law libraries, judges’ chambers, and other various legal organizations. Published continuously since 1970, the Law Journal is committed both to the examination and analysis of current legal issues and problems and to the development of the law. The Law Journal is edited and managed entirely by students and publishes the work of distinguished writers, including academics, practitioners, and judges. The Law Journal also publishes student-written Notes and Comments.



Robert Burns is the William W. Gurley Memorial Professor of Law at Northwestern University School of Law.  He teaches evidence and professional responsibility in the Bartlit Center for Trial Advocacy and courses in civil, criminal, and administrative procedure. He received the Dean’s Teaching Award in 2009 and 2006 and was voted the Robert Childress Memorial Award for Teaching Excellence in 2002, 1998, and 1996.  He is author of Kafka's Law: The Trial and American Criminal Justice (Chicago), A Theory of the Trial (Princeton) and The Death of the American Trial (Chicago).  The last received a Choice Outstanding Academic Title Award in the Social and Behavioral Sciences for 2009.  He is also author of student texts and workbooks in Evidence, Professional Responsibility, and Trial Advocacy and many articles and book chapters.

Panel 1: Oral Arguments and Judicial Decisions

Timothy R. Johnson is Morse Alumni Distinguished Professor of Political Science and co-editor of the Law and Society Review.  A nationally recognized expert on US Supreme Court oral arguments and decision making, he is the co-author of Oral Arguments and Coalition Formation on the U.S. Supreme Court, co-editor of A Good Quarrel, and author of Oral Arguments and Decision Making on the U.S. Supreme Court.  His scholarly work also appears in a variety of top academic journals. In addition, his research has been covered by The Economist, the New York TimesNPRMPR, C-SPAN, SlateUSA TodayABC, CNN, Bloomberg News, The National Journal, and McClatchy.  Beyond his scholarship, Professor Johnson has won college level and university wide awards for teaching and advising.

Jay Tidmarsh, is a professor of law at Notre Dame Law School.  He teaches and writes in the fields of civil procedure, complex civil litigation, and federal courts.  A member of the Wisconsin Bar, he practiced as a trial attorney with the Torts Division of the US Department of Justice from 1982 to 1989.  He is also a member of the American Law Institute.  He is the author or co-author of ten books, including casebooks in the fields of civil procedure, complex litigation, federal courts, and torts.  He has served as Chair of the AALS Section on Civil Procedure, and as a member of the AALS Committee on Professional Development.

Charles Woodworth is an associate in the Chicago office of Mayer Brown’s Litigation & Dispute Resolution practice.  Mr. Woodworth represents individuals and corporations in a variety of substantive areas with a particular emphasis on consumer finance, products liability, and constitutional law.  He briefs and argues complex appeals and dispositive motions in trial and appellate courts.  He has argued multiple appeals and written and filed dozens of appellate briefs in state and federal courts.  In addition to representing clients involved in active litigation, Mr. Woodworth has also counseled clients regarding general litigation preparation and strategy.  He has been recognized as a “Rising Star” in Illinois by Super Lawyers.  Mr. Woodworth graduated from the University of Chicago Law School with High Honors and served as articles editor of The University of Chicago Law Review.  Prior to joining Mayer Brown, he clerked for Judge Frank H. Easterbrook of the United States Court of Appeals for the Seventh Circuit.

Panel 2: Judicial Decision-Making Process in Intellectual Property Cases

Greg Reilly is an associate professor of Law at California Western School of Law in San Diego.  His research and teaching interests are at the intersection of civil procedure and intellectual property, with a particular interest in how decision makers implement patent law.  Professor Reilly’s work is published or forthcoming in the Southern California Law Review, Washington University Law Review, Notre Dame Law Review, Florida State University Law Review, and Loyola University Chicago Law Journal, among other places.  Professor Reilly has been a visiting faculty member at Chicago-Kent College of Law (Fall 2015) and a Harry A. Bigelow Teaching Fellow and Lecturer in Law at the University of Chicago Law School.  Before entering academia, he was a patent and appellate litigator with Morrison & Foerster LLP and a law clerk for Judge Timothy B. Dyk of the U.S. Court of Appeals for the Federal Circuit.  He is currently of counsel to Progress LLP.  Professor Reilly graduated magna cum laude from Harvard Law School and summa cum laude from Georgetown University. 

Dan Klerman is the Charles L. and Ramona I. Hilliard Professor of Law and History at USC Law School.  He received his JD and a PhD in history from the University of Chicago.  He then clerked for Judge Richard Posner and Justice John Paul Stevens.  He has taught at Harvard, Stanford, the University of Chicago, Caltech, and Tel Aviv University.  His scholarship focuses on civil procedure, law & economics, and legal history.  He is a member of the American Law Institute, has been the co-president of the Society for Empirical Legal Studies, and has served on the board of directors of the American Law & Economics Association. 

Jonas Anderson is an associate professor of law at the American University Washington College of Law. Before starting at American University, he worked as a research fellow with the Berkeley Center for Law & Technology at U.C. Berkeley Law School.  Prior to that, Professor Anderson clerked for Judge Alan D. Lourie of the U.S. Court of Appeals for the Federal Circuit. He also practiced patent litigation and intellectual property licensing at Latham & Watkins in Silicon Valley, California. He was on leave during the 2014/2015 school year, serving as a Thomas Alva Edison Visiting Scholar at the United States Patent & Trademark Office.  Professor Anderson teaches and writes about patent law, trade secret law, and property law. His work has appeared in the University of Pennsylvania Law Review, the Vanderbilt Law Review, the Northwestern University Law Review, and the North Carolina Law Review, among others.  His work has been cited by the U.S. Supreme Court and the Court of Appeals for the Federal Circuit.  He is a graduate of Harvard Law School (JD) and the University of Utah (BS, Physics/Creative Writing).

Floyd A. Mandell is national co-chair of Katten Muchin Rosenman's Intellectual Property department and co-head of the Trademarks and Trademark Litigation practice. He has earned widespread recognition for his world-class intellectual property counseling and litigation practice, which covers trademarks, trade dress, unfair competition, trade secrets, copyrights, high-tech disputes, e-commerce/Internet disputes, false advertising, entertainment litigation and First Amendment litigation.  Mr. Mandell is a sought-after media source on trademark litigation and alternative dispute resolution issues and frequently lectures on intellectual property litigation. He has been quoted in national publications including The Wall Street Journal, The New York Times, Law360, Los Angeles Times and the Chicago Tribune, has been featured in Success magazine and has appeared on The Today Show. He has authored several written works concerning intellectual property and litigation, some of which have been published and later cited as authority in published cases. 

Panel 3: Factors that Influence the Judicial Decision-Making Process

Tracey George is the Charles B. Cox III and Lucy D. Cox Family Chair in Law and Liberty at Vanderbilt University Law School. She is also a professor of political science and the director of the Cecil D. Branstetter Litigation & Dispute Resolution Program.  Professor George brings a social science perspective to a range of topics including judges and courts, judicial selection and elections, legal education and the legal profession, and contract law and theory.  Before joining the Vanderbilt faculty in 2004, Professor George served as a professor of law at Northwestern University where she was also a faculty associate at the Institute for Policy Research.

David Law is professor of law and professor of political science at Washington University in St. Louis.  His areas of research include the empirical identification and explanation of global patterns in constitutional drafting and adjudication, and the design and operation of constitutional courts.  Born and raised in Canada, he is a native Mandarin speaker and holds a PhD in political science from Stanford, a BCL in European and comparative law from the University of Oxford, and a JD from Harvard Law School.  He has served as the Martin and Kathleen Crane Fellow in Law and Public Affairs at Princeton University, and as a visiting professor at the National Taiwan University College of Law, Seoul National University School of Law, Keio University Faculty of Law, and Georgetown University Law Center.  His book, The Japanese Supreme Court and Judicial Review, was published in Japanese by Gendaijinbunsha.  His current projects include the editing of a handbook on research methods in constitutional law commissioned by Edward Elgar, and a handbook on constitutional law commissioned by Oxford University.

Mark D. Rosen joined IIT Chicago-Kent in the fall of 1999, and was a visiting professor at the University of Minnesota Law School in 2005­–06. One of Professor Rosen's articles received the 2006 Outstanding Scholarly Paper Award from the Association of American Law Schools. He has a BA in economics and political science from Yale College and a JD from Harvard Law School, where he was articles editor of the Harvard Law Review. From 1988 to 1991, he studied Talmudic and comparative law at Shapell's University in Israel.  Prior to joining the IIT Chicago-Kent faculty, Professor Rosen was a Bigelow Fellow and lecturer in law at the University of Chicago Law School.  Professor Rosen's scholarly interests include constitutional law, state and local government, civil procedure, conflicts of law, election law, federal courts, and Federal Indian law. He has written extensively on these topics.  He teaches constitutional law, civil procedure, state and local government law, federal Indian Law, conflicts of law, and contracts.

Joshua Fischman is professor of law at Northwestern University Pritzker School of Law. His primary areas of research include empirical law and economics, judicial decision making, and criminal sentencing. He received his AB in mathematics from Princeton University, his JD from Yale Law School and his PhD in economics from the Massachusetts Institute of Technology.

Tonja Jacobi is the William G. and Virginia K. Karnes Research Professor at Northwestern Pritzker School of Law. She has a PhD in political science from Stanford University, a Masters from the University of California, Berkeley, and a law degree with First Class Honors from the Australian National University.  Professor Jacobi specializes in judicial behavior and strategy in public law.  Her research combines doctrinal, empirical and formal analysis to examine judicial behavior.  Professor Jacobi develops this third element in particular in application to the field of constitutional criminal procedure, where the Supreme Court explicitly seeks to shake police and criminal incentives.  She shows that many doctrines in this area create perverse incentives, often protecting the guilty and failing to protect the innocent.


No Charge for Loyola students and faculty, and individuals who do not wish to obtain CLE credits

$50 Individuals seeking CLE credits

$40 Loyola graduates seeking CLE credits

50% FEE REDUCTION for attorneys working in the areas of government interest