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Research in Progress – November 2016

Lori Andrews is currently working on several projects, including a study of mental health apps and an article on the legal implications of mobile health apps.

Steven Heyman is working on an article on the origins of the American conception of religious freedom in the thought of John Locke.

Martin Malin is working on a project entitled, “The Different Role of Property Rights in U.S and Canadian Labo(u)r Law,” which he presented at a special symposium memorializing the late Professor Michael Zimmer at Seton Hall University in October.

Professor Malin is finishing a project comparing the handling of statutory human rights claims in labour arbitration in Ontario with their handling by the Human Rights Tribunal of Ontario.  He presented a final version of the paper at the University of Chicago Legal Forum in November.

Nancy Marder is revising her article, “Foster v. Chatman:  A Missed Opportunity for Batson and the Peremptory Challenge,” to take account of the U.S. Supreme Court’s recent decision.   She will present an updated version of the article at the upcoming Midwest Law & Society Retreat in November at the University of Wisconsin, Madison.

Professor Marder submitted her invited essay “Juries in Film and Television” to The Oxford Encyclopedia of Crime, Media, and Popular Culture, which will be published by Oxford University Press.

Professor Marder is working on an article based on her presentation, “In Their Own Words: American Women Judges’ Reflections on Gender and Judging.”  She gave the presentation at two conferences last summer.

Henry H. Perritt is currently working on a book to help aspiring drone remote pilots pass the FAA examination, and a law review article on tort liability growing out of drone accidents.

César Rosado Marzán (with Sergio Gamonal C.) is writing a book, The Importance of Principles: A Latin American Contribution to U.S. and Global Labor Law (working title), about how Latin American labor law principles can reinvigorate U.S. and global interpretations of workers’ rights.

Professor Rosado is  writing The Moral Project for Economic Equity in the 21st Century, based on empirical research concerning how worker centers can contribute to more equitable economic norms in the U.S.  

Professor Rosado is also writing a socio-legal article about how and why Chilean labor courts are more protective of workers today, and what it may mean for workers’ rights.  His article, “Arise Chicago: How Can Worker Centers Contribute To a Moral Project For Economic Equity?,” forthcoming in the University of Chicago Law Forum, is based on field research which argues that worker centers can contribute to economic equity if they develop campaigns that invest in and expend social and symbolic capital, and frame issues broadly. Professor Rosado is also working on “Dignity Takings and ‘Wage Theft,'” a symposium article forthcoming in the Chicago-Kent Law Review about applying the concept of “dignity takings” to issues of wage theft and labor rights. 

Christopher Schmidt is currently completing a book manuscript on the lunch counter sit-in movement of 1960, which will be published by the University of Chicago Press in 2017.

Stephanie Stern is working on a book, Psychology and Property Law, to be published by New York University Press.

Richard Warner is working on two articles, one on “Privacy as a Common Pool Resource,”  and another about online contracting. Professor Warner is also working on two books with Robert Sloan, Relational Privacy and A Law-Themed Introduction to Computer Programming.

Richard Wright continues to work with Karen Vaysman on their paper, “The Quiet Revolution: The Standards of Persuasion and Res Ipsa Loquitur.”  He also is working with Tsachi Keren-Paz, Keele University, England on a paper, “Compensation for Victims of Mass Sexual Abuse.”  When those papers are completed, he plans to begin work on several books that will combine, revise and supplement all of his prior publications on causation, tort liability, justice, and law and economics.

Publications – February 2014

Lori Andrews wrote a law review article, The “Progress Clause”: An Empirical Analysis Based on the Constitutional Foundation of Patent Law, which analyzes studies of the impact of gene patents on research and innovation, for a symposium issue of the North Carolina Journal of Law and Technology. Professor Andrews wrote a chapter entitled, An Informed Consent Model for Privacy and Data Collection in the Gameful World, for the book, The Gameful World, which will be published in 2014 by the MIT Press. In the chapter, she identifies problems with the data collection present in online games and internet activities and describes what an informed consent model of online privacy should look like. Her keynote address at the “Law, Science and Technology: Biotechnology, Health Inequality, and Distributive Justice Conference” at the Academia Sinica in December 2012 in Taipei, Taiwan will be published in Biennial Review of Law, Science and Technology: Biotechnology, Health Inequality, and Distributive Justice by the Institutum Jurisprudentiae in Taipei in 2014. An interview with Professor Andrews will appear in the book, Bright Lights of the Second City: 50 Prominent Chicagoans on Living with Passion and Purpose.


Steven Harris’s article, UCC Article 9, Filing-Based Priority, and Fundamental Property Principles: A Response to Professor Plank, was published in the November 2013 issue of The Business Lawyer. The article, which was written with Charles Mooney, examines the extent to which the priority rules of UCC Article 9 enable a person to convey greater rights than the person has.


Valerie Gutmann Koch, as Special Advisor to the New York State Task Force on Life and the Law, the state’s bioethics commission, oversaw the final publication in January 2014 of the Task Force’s Report and Recommendations for Research with Human Subjects Who Lack Consent Capacity. An article addressing this report, entitled Of Vital Importance: The New York State Task Force on Life and the Law’s Report and Recommendations for Research with Human Subjects Who Lack Consent Capacity, which she authored with Susie A. Han, will be published in the upcoming issue of the New York State Bar Association’s Health Law Journal. Also in conjunction with the publication of the Task Force’s report, Professor Koch’s work was featured on the Hastings Center Blog, Bioethics Forum, and Public Responsibility in Medicine and Research (PRIM&R)’s blog, Ampersand.


The second edition of Martin Malin’s labor law casebook has just been published, Labor Law in the Contemporary Workplace: Cases and Materials (2d ed. West 2014) (coauthored with Kenneth Dau-Schmidt, Roberto Corrada, Christopher Cameron, and Catherine Fisk). Professor Malin published Constructing a Comprehensive Curriculum in Labor and Employment Law in 58 St. Louis L.J. 111 (2013).


Henry Perritt’s law review article, Sharing Public Safety Helicopters, co-authored with Eliot Sprague and Chris Cue, has been accepted for publication by SMU’s Journal of Air Law and Commerce. A shortened version has been published as a “resource” on the website of the Airborne Law Enforcement Association, and a derivative magazine article is under consideration for Air Beat magazine. The article explores legal mechanisms for making helicopters available for public safety mission support to smaller communities that cannot afford their own helicopters.

Professor Perritt is nearing completion of a new law review article on drones and their impact on law enforcement and news-gathering helicopters. The article, co-authored with Eliot Sprague, has spawned interest from two helicopter-industry magazines, which are considering two magazine articles excerpted from the larger article: Drones and Their Impact on Helicopters and Drone Dread.

Professor Perritt was interviewed by DNAinfo reporter Casey Cora about the impact of a second-heliport proposal before the Chicago City Council.


Christopher Schmidt’s article Divided by Law: The Sit-Ins and the Role of the Courts in the Civil Rights Movement (forthcoming Law and History Review) won the 2014 Association of American Law Schools’ Scholarly Papers Competition. He presented the article at the AALS annual meeting in January.  His review essay The Challenge of Supreme Court Biography: The Case of Chief Justice Rehnquist, has been accepted for publication in Constitutional Commentary. The UCLA Law Review recently published Why Broccoli? Limiting Principles and Popular Constitutionalism in the Health Care Decision, an article Professor Schmidt wrote with Professor Mark Rosen. Professor Schmidt has also recently published online book reviews for H-Net and Jotwell.


David Schwartz’s article, written with Jay P. Kesan, Analyzing the Role of Non-Practicing Entities in the Patent System was published in 99 Cornell L. Rev. 425.


Joan Steinman has revised and re-submitted to law journals an article now entitled, The Puzzling Appeal of Summary Judgment Denials: When are Such Denials Reviewable? She just finished correcting the page proofs for the 2014 Pocket Parts to Volumes 14B & C of the Wright & Miller Federal Practice and Procedure treatise, covering all aspects of removal and remand.


Dan Tarlock’s book was recently published: Water Resource Management (7th ed. 2014), written with James Corbridge, Reed Benson, and Sarah Bates.  Professor Tarlock published two articles Mexico and the United States Assume a Legal Duty to Provide Colorado River Delta Restoration Flows: An Important International Environmental and Water Law Precedent, in the Review European Comparative and International Environmental Law (2014), and New Challenges for Urban Areas Facing Flood Risks, 40 Fordham Urban L. J.1739 (2013), which he wrote with Debbie M. Chizewer.


Research in Progress – February 2014

Lori Andrews is writing a law review article on the increasing pervasiveness of gamification in employment and its implications for labor law. She is also writing a policy paper about the legal issues created by webcams.


Oxford University Press offered William Birdthistle a contract to publish a book tentatively entitled, The Money Management Empire.


Martin Malin continues, along with Professor Sara Slinn of Osdgoode Hall Law School, York University, and Professor Jon Werner of the University of Wisconsin, to work on their project, An Empirical Comparison on the Handling of Statutory Human Rights Claims in Labour Arbitration in Ontario and before the Human Rights Tribunal of Ontario. Students from Chicago-Kent and Osgoode Hall are completing the coding of the cases and the professors are beginning the quantitative analysis. Professor Malin and his co-authors are scheduled to present preliminary results at the National Academy of Arbitrators Annual Meeting in May 2014 and at a meeting of The Labor Law Group at Cornell University in late June 2014.


In December 2013, Nancy Marder completed the book chapter entitled Jurors and Juries that she was invited to write for a book called Wiley Handbook of Law and Society. The chapter traces the main theoretical developments and controversies concerning the jury over the past few decades and identifies paths for jury scholarship in the future.


In February 2014, Professor Marder continued working on her article Jurors and Social Media: Is a Fair Trial Still Possible?  The article will be published in volume 67 of SMU Law Review and will be highlighted in the March 2014 issue of Chicago-Kent’s Faculty Perspectives.


In January 2014, Professor Marder wrote an essay on jury instructions that she was invited to contribute as part of a volume called Speaking of Language and Law: Conversations on the Work of Peter Tiersma. The volume, a compilation of essays in honor of law professor and linguist Peter Tiersma, will be published by Oxford University Press in 2014.