Posted in: Publications

Publications – November 2016

Lori Andrews co-authored (with Sarah R. Blenner, Melanie Köllmer, Adam J. Rouse, Nadia Daneshvar, and Curry Williams) “Privacy Policies of Android Diabetes Apps and Sharing of Health Information,” which was published last March in the Journal of the American Medical Association (JAMA). The article received extensive news coverage, and was discussed in more than 150 articles in several countries. Andrews provided analyses to the Federal Trade Commission, the California Attorney General, and the New Jersey Attorney General for the regulation of mobile health apps. In July, she spoke with representatives from the U.S. House Committee on Energy & Commerce and the Subcommittee on Commerce, Manufacturing, and Trade regarding a hearing related to health apps.  

In April, Nature published Andrews’s review of Henry Greely’s 2016 book The End of Sex and the Future of Human Reproduction. In August, she wrote a Chicago Tribune op-ed, “Use a Health or Medical App? Your Data is Rarely Private,” discussing concerns about online health data privacy and the limitations of HIPAA. Prof. Andrews co-authored (with Kayla Kostelecky, Stephanie Spritz, and Alexandra Franco) an article entitled “Virtual Clinical Trials: One Step Forward, Two Steps Back” that will be published in the Fall 2016 issue of the Journal of Health Care Law and Policy.  Andrews’s 2012 book, I Know Who You Are and I Saw What You Did: Social Networks and the Death of Privacy, was translated into Arabic, Chinese, and Korean.   

David Erickson was appointed by the Illinois Supreme Court (and reappointed for 2017) to edit the Criminal Law Benchbook, which was used at the annual educational conference for state judges held in Springfield earlier this fall; the Benchbook is also distributed to all Illinois state judges.

Steven Heyman‘s article, “A Struggle for Recognition: The Controversy over Religious Liberty, Civil Rights, and Same-Sex Marriage,” was published last summer in the First Amendment Law Review.

Martin Malin’s casebook, Public Sector Employment: Cases and Materials (third edition), was recently published by West Academic Publishing.

Prof. Malin published a brief article, “Deflategate: Tom Brady and Labor Arbitration,” in May at, an online publication of the University of Missouri Law and Journalism Schools and the National Academy of Arbitrators.

Prof. Malin’s article, “Three Phases of the Supreme Court’s Arbitration Jurisprudence: Empowering the Already Empowered,” is forthcoming in 17 Nev. L.J. ___ (2016).

Nancy Marder’s article “The Supreme Court’s Transparency:  Myth or Reality?”  was published in 32 Ga. St. L. Rev. 849 (2016).

Professor Marder’s symposium issue, entitled Juries and Mixed Tribunals across the Globe: New Developments, Common Challenges and Future Directions (with co-editor Valerie P. Hans) was published online at 6 Oñati Socio-Legal Series (2016) and can be found at:  NEW: Oñati Socio-Legal Series special issue: Juries and Mixed Tribunals across the Globe (2016).  Professors Marder and Hans also wrote an introduction which appears at 6 Oñati Socio-Legal Series 165 (2016).

Professor Marder’s plenary speech for the Pound Civil Justice Institute’s Annual Forum was published as “Judicial Transparency in the Twenty-First Century” in Judicial Transparency and the Rule of Law, 23rd Annual Forum for State Appellate Court Judges 101 (Pound Civil Justice Institute, 2016).

Professor Marder’s essay, “Civil Rights Act of 1957, Women’s Service on Federal Juries,” will be published in the Encyclopedia of Women and Crime.  Her book review of Japan and Civil Jury Trials:  The Convergence of Forces, by Matthew J. Wilson, Hiroshi Fukurai, and Takashi Maruta, will appear in Asian Journal of Law and Society (forthcoming 2016).

Sheldon Nahmod’s treatise, Civil Rights and Civil Liberties Litigation: Section 1983 (4th edition) was recently updated by Thomson Reuters.

The “Brief of Sheldon H. Nahmod as Amicus Curiae in Support of Respondents” in Manuel v. City of Joliet, No. 14-9496, was filed on August 10, 2016. The case, which was argued on October 5, deals with the relationship between section 1983 and the tort of malicious prosecution. The Brief argues that the tort elements of malicious prosecution should play no role in determining the scope of section 1983.

Henry H. Perritt’s three articles, “Flocks of Drones; Newsgathering Drones Move a Step Closer,” “FAA Advisory Committee on Small Drones Operating Near People,” and “Uber TV: Extending the Internet Revolution (further) Into Local TV,” were published in the Radio Television Digital News Association newsletter.

Professor Perritt’s article, “Uber Television: Internet-Only Television Stations,” will be published this fall by UCLA Ent. L. Rev. His “An Arm and a Leg: Paying for Helicopter Air Ambulances,” will be published this fall by the University of Illinois J.L. Tech. & Pol’y. Professor Perritt’s “Medics, Markets, and Medicare: Reforming the Helicopter EMS Industry,” will be published in the Rutgers Computer & Tech J. this winter.

His 400-page book, Domesticating Drones: the Technology, Law, and Economics of Unmanned Aircraft, co-authored with Eliot Sprague, was recently published.

Christopher Schmidt published “The Civil Rights-Civil Liberties Divide,” in 12 Stan. J. C. R. & C.L. 1 (2016); “Beyond Backlash: Conservatism and the Civil Rights Movement,” 56 Am. J. Legal Hist. 179 (2016); “The Natural-Born Citizen Clause, Popular Constitutionalism, and Ted Cruz’s Eligibility Question,” 84 Geo. Wash. L. Rev. Arguendo 36 (2016) (with Matthew T. Bodie).

Stephanie Stern’s article, “Outpsyched: The Battle of Expertise in Psychology-Informed Law,” is forthcoming in Jurimetrics J.

Joan Steinman co-authored an article entitled “Neutralizing the Stratagem of ‘Snap Removal’: A Proposed Amendment to the Judicial Code” (co-authored with Arthur D. Hellman, Lonny Hoffman, Thomas D. Rowe, Jr.,  and Georgene M. Vairo), and will be published in the Federal Courts Law Review.    

A. Dan Tarlock published “Toward a More Robust International Water Law of Cooperation to Address Droughts and Ecosystem Conservation,” 28 Geo. Envtl. L. Rev. 261 (2016); “Living with Water in a Climate-Changed World: Will Federal Flood Policy Sink or Swim?,”  46 Envtl. L.  Rev.101 (2016), with Deborah M. Chizewer; “Potential Constitutional Constraints on the Regulation of Flood Plain Development: Three Case Studies,” forthcoming in  J. Flood Risk Mgmt. (with Juliane Albrecht).

Professor Tarlock published the following book chapters:  “The Potential Role of International Water Law to Prevent and Mitigate Water-Related Disasters,” In The Role of International Environmental Law in Disaster Risk Reduction 187 (J. Peel and D. Fisher, eds., Brill Nijhoff, 2016); “The Future of Hydropower in the United States: Thinking Small,” In Delivering Energy Law and Policy in the EU and the US 302 (R. J. Heffron and G. F. Little, eds., Edinburgh Univ. Press, 2016).

Richard Warner published “I’ll See: How Surveillance Undermines Privacy By Eroding Trust” (with Robert Sloan), __ Santa Clara High Tech. L.J. __ (2016); “Comparison Excluding Commitments: Incommensurability, Adjudication, and the Unnoticed Example of Trade Disputes” (with Sungjoon Cho), __ S. Cal. L. Rev. ___ (2017); “Beyond the Panopticon” (with Robert Sloan), __St. Thomas L. Rev. ___ (2017); “Defending Our Data: The Need for Information We Do Not Have,” In Information and Value (M. Barczewski, ed., forthcoming).

Richard Wright’s essay, “Causation: Metaphysics or Intuition?,” was published as part of a festschrift in honor of Professor Michael Moore of the University of Pennsylvania entitled Legal, Moral, and Metaphysical Truths: The Philosophy of Michael Moore  (K. Ferzan and S. Morse, eds., Oxford Univ. Press, 2016). Together with Professors Florence G’Sell and Samuel Ferey of the University of Lorraine in France, he edited papers first presented at the “Conference on Causation, Liability and Apportionment,” which took place in September 2014 in the Grand Chambre of the Cour de Cassation and at the Université Panthéon-Assas (Paris II) in Paris, France, for publication as a symposium on “Causation, Liability and Apportionment: Comparative Interdisciplinary Perspectives” in volume 91 of the Chicago-Kent Law Review (2016). The symposium, in addition to an Introduction written primarily by Prof. Wright, contains a paper co-authored by Prof. Wright and Professor Ingeborg Puppe, University of Bonn, Germany, entitled “Causation: Linguistic, Philosophical, Legal and Economic.” A French language version of the conference papers, entitled Causalité, Responsabilité et Contribution à la Dette, is forthcoming from Bruylant. Professors Wright and Puppe also co-authored a paper, “Causation in the Law: Philosophy, Doctrine and Practice,” as a specially commissioned paper for the forthcoming book, The Common Core of European Private Law: Causation (M. Infantino & L. Zervogianni, eds., Cambridge Univ. Press 2016/2017). Professor Wright has also written a couple of book reviews, one on Sarah Green’s Causation in Negligence (Hart Publishing, 2015), published in 132 L.Q. Rev.  523 (2016), and the other on Sandy Steel’s Proof of Causation in Tort Law (Cambridge Univ. Press, 2015), forthcoming in the Mod. L. Rev. (2016/2017)

Publications – January 2016

Lori Andrews wrote a commentary in the Chicago Tribune, “Hello Barbie, Goodbye Privacy,” in November, discussing privacy concerns raised by Mattel’s new doll.  In December, she co-authored a Chicago Tribune op-ed, “Protecting Your Privacy from Windows 10.”  Also in December, a study of medical apps by S. Blenner, N. Daneshvar, Lori Andrews, and other colleagues was accepted for publication in the Journal of the American Medical Association.


David Gerber’s article, “Global Competition Law Convergence: Potential Roles for Economics,” is being published this month in Research Handbook in Law and Economics (T. Eisenberg & G. Ramello, eds.).


Richard Gonzalez and Laurie Leader served as executive editors of the second supplement to the fifth edition of the Bloomberg/BNA treatise, Employment Discrimination Law, published in December.


Steven Harris contributed the chapter on U.S. law in Retention of Title In and Out of Insolvency, published in December by Global Law and Business in conjunction with the International Bar Association. Foundation Press published the sixth edition of Security Interests in Personal Property (co-authored with C. Mooney) in December.


Steven Heyman’s article, “A Struggle for Recognition: The Controversy Over Religious Liberty, Civil Rights, and Same-Sex Marriage” will be published in the Fall 2015 issue of the First Amendment Law Review.


Valerie Gutmann Koch published her book chapter, “The Law and Legal Perspectives on Prenatal and Preimplantation Genetic Diagnosis,” in Prenatal and Preimplantation Genetic Diagnosis: The Burden of Choice (Springer 2015).


Nancy Marder’s book chapter, “Justice Stevens and His Clerks,” was published in Of Courtiers & Kings (T. Peppers & C. Cushman, eds., 2015).

Professor Marder’s book chapter “Jurors and Juries” was published in The Handbook of Law and Society (A. Sarat & P. Ewick, eds., 2015).


Henry Perritt’s “Using the Internet to Make Drones Safe,” co-authored with second-year student A. Plawinski, was published in the Journal of Internet Law. His “One Centimeter Over My Back Yard: Where Does Federal Preemption of State Drone Regulation Start?,” also co-authored with A. Plawinski, has been published by the North Carolina Journal of Law and Technology.

Professor Perritt’s articles, “FAA warns states, cities against drone regulations” and “FAA’s new drone registration rule paves way to next steps,” were published in the Radio and Television Digital News Association newsletter.


César Rosado Marzán’s book chapter, “The Limits of Human Rights for Labour Rights: A Retrospective Look at the Case of Chile,” was published in The ILO from Geneva to the Pacific Rim: West Meets East (Palgrave, N. Lichtenstein & J.M. Jensen, eds.).


Christopher Schmidt published book reviews in the Journal of Southern History and Kansas History.


Adrian Walters wrote a chapter on directors’ disqualification regimes in the Research Handbook on International Financial Crime (Edward Elgar, pub., B. Rider, ed).


Richard Wright’s revised January 2015 presentation to the Law and Economics Section of the Association of American Law Schools was published as “The New Old Efficiency: Theories of Causation and Liability,” in 7 Journal of Tort Law 65 (2015).

Prof. Wright is co-editing (with F. G’sell and S. Ferey) selected revised papers first presented at the “Conference on Causation, Liability and Apportionment,” at the Université Panthéon-Assas (Paris II), Paris, France, September 2014, for publication in English as a symposium in 91 Chicago-Kent Law Review 2, as well as in French. Wright has also co-authored an introduction for the respective collections with Professors G’sell and Ferey and, with the cooperation of Professor I. Puppe, has revised his keynote presentation at the Paris conference for inclusion in both collections, now entitled “Causation: Linguistic, Scientific, Philosophical, Legal and Economic.”

Publications – September 2015

Lori Andrews, along with her co-authors Max Mehlman and Mark Rothstein, published a revision to their casebook, Genetics: Ethics, Law, and Policy, 4th edition (2015). Andrews’s book, “I Know Who You Are and I Saw What You Did: Social Networks and the Death of Privacy,” was published in Arabic. Andrews wrote a commentary in the Chicago Tribune, “Gov. Rauner, Protect Our Digital Privacy,” in August in which she discussed the importance of illinois Senate Bill 1833.  

Andrews also wrote an article for the American Bar Association’s magazine for high school teachers, Insights on Law & Society, entitled “The Right to a Fair Trial in the Age of Facebook,” discussing the use of social media by law enforcement and attorneys as evidence in courtrooms. Andrews and the Institute for Science, Law and Technology will be releasing a study, “Monitoring Health on the Go: The Privacy Implications of Diabetes Apps,” which examines the data collection and data use practices of mobile health apps.


Dean Harold Krent contributed (as associate reporter) two chapters in the ABA’s revised “Guide to Judicial and Political Review of Federal Agencies” (2015).


Nancy Marder’s article, Juror Bias, Voir Dire, and the Judge-Jury Relationship was published in 90 Chicago-Kent Law Review 927 (2015). Professor Marder, along with co-author Valerie Hans (from Cornell Law School), published Introduction to Juries and Lay Participation:  American Perspectives and Global Trends, which appeared in 90 Chicago-Kent Law Review 789 (2015). Professors Marder and Hans also served as Co-Symposium Editors of this volume, entitled Juries and Lay Participation: American Perspectives and Global Trends, of the Chicago-Kent Law Review. The articles in the law review had been presented at a jury conference held at Chicago-Kent in October 2014. Professor Marder’s essay, entitled Jury Instructions Written for Jurors:  A Perennial Challenge, was published in Speaking of Language and Law: Conversations on the Work of Peter Tiersma 293 (Lawrence M. Solan, Janet Ainsworth & Roger W. Shuy eds., 2015). The book is in memory of the law and language scholar, Peter Tiersma, and enabled contributors to comment on Tiersma’s work and to explain how his work has had a profound influence on all of our work.


Hank Perritt‘s law review article, Using the Internet to Make Drones Safe, co-authored with Albert J. Plawinski, will be published this fall in the  Aspen J. Internet L. Another article, Making civilian drones safe: performance standards, self-certification, and post-sale data collection, co-authored with Albert J. Plawinski, will be published this fall in 14 Northwestern J. Tech. & Intel. Prop.

His piece, One centimeter over my back yard: where does federal preemption of state drone regulation start?, co-authored with Albert J. Plawinski, will be published this fall in the  N.C.J. Law & Tech.His magazine articles, Squeezed out of the sky: would the Amazon proposal expand or restrict drone newsgathering?,  ENG ‘kites’: Tethered drones for newsgathering, and  It’s a drone –uh . . . UFO! were published in the RTDNA Newsletter (Radio and Television Digital News Association).


Cesar Rosado’s paper with Alex Tillet-Saks, Work, Study, Organize!: Why the Northwestern University Football Players are Employees Under the National Labor Relations Act, was published in volume 32 of the Hofstra Labor and Employment Law Journal. His paper with Sergio Gamonal,  Protecting Workers as a Matter of Principle: A South American View of U.S. Work Law, was published in volume 13 of the Washington University Global Studies Law Review. His book chapter with Sergio Gamonal C., Age Discrimination Law in Latin America: Playing “Catch Up”, in Ann Numhauser-Henning and Mia Rönnmar (eds.), Age Discrimination and Labour, (Hart Publishing) was recently published.


Christopher Schmidt published Litigating Against the Civil Rights Movement in 86 U. Colo L. Rev. 1173 (2015). His Review of Stuart Banner, The Baseball Trust (2013) and Nathaniel Grow, Baseball on Trial: The Origin of Baseball’s Antitrust Exemption (2014) were published in 33 Law & Hist. Rev. 756 (2015).


In October, Dan Tarlock will publish a West casebook, International Environmental Protection with Edith Brown-Weiss, Stephen McCaffrey, Daniel Mcgraw and Stephanie Tai. The book chapter, “Water Availability and Allocation,” In Oxford Encyclopedia of Climate Change Law, is in press. “The Future of Hydroelectric Policy in the United States: Thinking Small,” In Delivering Energy Law and Policy in the EU and US: A Reader, is also in press from the University of Edinburgh Press. The book manuscript for “The Potential Role of International Environmental and Water Law to Prevent and Mitigate Water Related Disasters,” in The Role of International Environmental Law in Disaster Risk Reduction (Jacqueline Peel and David Fisher eds.), will be submitted to Brill Academic Publishers in October, 2015. He also published the monograph, Promoting Effective Trans-basin Water Use and Management Cooperation Among Riparian Nations: From Principle to Practice, (The Global Water Partnership) in 2015.


Adrian Walters’s article entitled “Giving Effect to Foreign Restructuring Plans in Anglo-US Private International Law” was published at (2015) 3 Nottingham Insolvency and Business Law e-Journal 20 as part of a festschrift collection honoring Professor Ian Fletcher of University College, London, a leading international bankruptcy scholar.


Richard Warner published The Harm in Merely Knowing: Privacy, Complicity, Surveillance, and the Self, with Robert Sloan in 19 The Journal of Internet Law 3 (2015). His piece, The Self, the Stasi, and the NSA: Privacy, Knowledge, Complicity in the Surveillance State, co-written with Robert Sloan, will be published in the minn. J. L., Sci & Tech in 2016.