Posted in: Casebooks

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)