Posted in: Publications

Publications – May 2015

Lori 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.  An excerpt from Professor Andrews’s book, Body Bazaar: The Market for Human Tissue in the Biotechnology Age, is being used by high school students in Japan to prepare them for their university entrance exams.


Professor Evelyn Brody’s article Time for an EO-EZ Status for Small Charities? was the cover piece in the May 18, 2015 issue of Tax Notes Magazine, published at 147 Tax Notes 815 (May 18, 2015).


Steven Heyman published a review of a recent book by Thomas Healy entitled The Great Dissent:  How Oliver Wendell Holmes Changed His Mind – and Changed the History of Free Speech in America (2013).  Professor Heyman’s review appears in the spring 2015 issue of the Law and History Review.  His C. Edwin Baker Lecture, The Conservative-Libertarian Turn in First Amendment Jurisprudence, published at 117 W. Va. L. Rev. 231 (2014), is featured in the Spring issue of IIT Chicago-Kent Faculty Perspectives, and is also summarized in a blog post entitled “The Conservative Justices, the Constitution, and the First Amendment,” which is posted at


Nancy Marder‘s book chapter entitled Justice John Paul Stevens and His Clerks, has been published in Courtiers and Kings: More Stories on Supreme Court Law Clerks and Their Justices (Todd Peppers and Clare Cushman eds., University of Virginia Press 2015).  Nancy Marder’s book chapter, entitled Jurors and Juries, has been published in The Law and Society Handbook (Austin Sarat and Patricia Ewick eds., Wiley Blackwell 2015).


The 4th edition of Sheldon Nahmod‘s (with co-editors Wells, Eaton and Smith) Constitutional Torts casebook (LexisNexis 2015) has been published.


Henry Perritt’s three law review articles, co-authored with Eliot O. Sprague, Drones (published by the Vanderbilt Journal of Entertainment and Technology Law), Law Abiding Drones (published by the Columbia Science and Technology Law Review), and Developing DROP Discipline (published by the Hastings Science and Technology Law Journal) all are in press and should be released within the next couple of weeks.  Professor Perritt and Eliot O. Sprague’s magazine articles Brace for Impact, Game of Drones, and Drones: Free at Last? were published in Vertical magazine, Rotorcraft Pro, and the Radio and Television Digital Association newsletter, respectively.


Christopher Schmidt published The Law and Economics of the Civil Rights Revolution, a review of Gavin Wright, Sharing the Prize: The Economics of the Civil Rights Revolution in the American South (2013) for Jotwell (March 2015).


Joan Steinman completed the pocket parts to Wright & Miller, and the Michigan State L. Rev. published Professor Steinman’s article, The Puzzling Appeal of Summary Judgment Denials: When Are Such Denials Reviewable?.


Dan Tarlock‘s chapter International Water Law and Climate Disruption Adaptation appears in The UNECE Convention on the Protection of Transboundary Watercourses and Lakes: Its Contribution to International Water Cooperation (Attila Tanzi et al. eds., 2015).  International Environmental Law and Policy, edited by Professor Tarlock along with Edith Brown Weiss, Stephen McCaffrey, Daniel Mcgraw,  and Stephanie Tai is currently in press by West Publishing.


Adrian Walters‘s article Statutory Erosion of Secured Creditors’ Rights: Some Insights from the United Kingdom, published at 2015 U. Ill. L. Rev. 543 was showcased in Harvard Law School’s Bankruptcy Roundtable. He has a casebook on Contracts, co-authored with Michael Hunter Schwartz, coming out in time for the Fall 2015 semester, entitled Contracts: A Context and Practice Casebook, 2nd edition (Carolina Press, 2015).


Richard Warner‘s article The Self, the Stasi, and the NSA: Privacy, Knowledge, and Complicity in the Surveillance State, with Robert Sloan, is forthcoming in the Minnesota Journal of Law, Science, and Technology.

Publications – February 2015

Lori Andrews has been working on projects analyzing the legal issues raised by gamification. She and others have contributed chapters to a new book to ask, “Can game design energize society and individuals, or will algorithmic incentive systems become our new robot overlords?” Her chapter, Privacy and Data Collection in the Gameful World, appears in The Gameful World: Approaches, Issues, Applications (Steffen P. Walz and Sebastian Deterding, eds.) (MIT Press: Cambridge 2015), which was released January 2015.

Lori Andrews, Michael Holloway and Dan Massoglia released a policy paper on the legal conundrums caused by webcams: Digital Peepholes – Remote Activation of Webcams: Technology, Law, and Policy. Lori also wrote an op-ed piece for the Chicago Tribune, “All I Want for Christmas is Internet Privacy,” which asked Congress for stricter laws to protect privacy online. She and her collaborators, Maxwell Mehlman and Mark Rothstein, have just completed the fourth edition of their casebook Genetics: Ethics, Law and Policy (West Publishing 2015) which will be published later this year.


Valerie Gutmann Koch‘s article A Private Right of Action for Informed Consent was published at 45 Seton Hall L. Rev. 173 (2015). Her book chapter in Prenatal and Preimplantation Genetic Diagnosis: The Burden of Choice (Springer) will be published this summer.


Steve Heyman‘s article The Conservative-Libertarian Turn in First Amendment Jurisprudence was recently published in the West Virginia Law Review. The article is an expanded version of the third annual C. Edwin Baker Lecture for Liberty, Equality, and Democracy, which Professor Heyman gave at West Virginia University College of Law last April. He also presented this paper at Chicago-Kent as part of the university’s celebration of Constitution Day in September, and to members of the Osher Lifelong Learning Center at Northwestern University in December.


Sheldon Nahmod published the 4th edition of his casebook, Constitutional Torts (with Wells, Eaton, Smith), which will be available this spring.


Henry Perritt‘s article Sharing Public Safety Helicopters, co-authored with Eliot O. Sprague and Chicago-Kent adjunct professor Christopher L. Cue, has been published by the SMU Journal of Air Law and Commerce.

Professor Perritt’s article Drones, co-authored with Eliot O. Sprague, is in editorial production with the Vanderbilt journal of Entertainment and Technology Law,

An additional article by Professor Perritt and Eliot O. Sprague, Law Abiding Drones, has been accepted by the Columbia University Law School Technology Journal.


Nancy Marder‘s article Jurors and Social Media: Is a Fair Trial Still Possible? was published at 67 SMU L. Rev. 617 (2014), which was a symposium issue consisting of articles presented at a Criminal Justice Colloquium held at SMU in January 2014.


César Rosado Marzán’s new edited book (with Maron Kebede, C-K ‘15) The Regulation of Compensation: Proceedings of the NYU 66th Annual Conference on Labor was published by Lexis in November 2014.


Christopher Schmidt‘s article New York Times v. Sullivan and the Legal Attack on the Civil Rights Movement was published at 66 Ala. L. Rev. 293 (2014).


David Schwartz published the article Unpacking Patent Assertion Entities with Christopher A. Cotropia and Jay P. Kesan at 99 Minn. L. Rev. 649 (2014).


Two short articles by Ronald Staudt about access to justice and pro bono solutions will be published in the next few weeks: The College of Law Practice Management Gives Back, in ABA Law Practice, March/April 2015, and Inventing a 100% Future for Legal Aid in the MIE Journal, Volume XXVIII, Number 4, Winter 2014, p. 32.


Joan Steinman submitted the 2015 Pocket Parts to Volumes 14B & C of the Wright & Miller Federal Practice and Procedure treatise, which should be published in April 2015. Her article The Puzzling Appeal of Summary Judgment Denials: When are Such Denials Reviewable? will be published in February or March 2015 in the 2014 Michigan State Law Review.


Adrian Walters‘s article Statutory Erosion of Secured Creditors’ Rights: Some Insights from the United Kingdom will shortly appear at 2015 U. of Ill. L. Rev. 101.

Publications – November 2014

The Institute for Science, Law and Technology will be releasing a policy paper co-authored by Lori Andrews, Michael Holloway, and Dan Massoglia on the legal conundrums caused by webcams: “Digital Peepholes – Remote Activation of Webcams: Technology, Law, and Policy.”


Evelyn Brody’s article Simultaneous Contrasts in the U.S. Law and Regulation of Charities, which was written for an invitational conference she attended in Liverpool in April, was published at 17 Charity Law & Practice Review 113 (2014-15) (U.K.).


Christopher Buccafusco published an article on, Who Deserves Those 4 Inches of Airplane Seat Space? He also published Well-Being and Public Policy, written with John Bronsteen and Jonathan S. Masur, Oxford Handbook of Law & Economics, Francesco Parisi, ed., Forthcoming.


Henry Perritt and Eliot Sprague’s Law Abiding Drones was published in the September issue of Rotor and Wing. Their Seeking Law Abiding Drones: What to Tell Clients that Want to Use Drones in Their Business was published in the ABA’s Business Law Today, and their Ready for the Microdrone Races was published in the newsletter of the Radio and Television Digital News Association.  Henry Perritt and Eliot Sprague are under contract with Ashgate Publishing to write a book entitled, “Domesticating Drones: The Technology, Law and Economics of Unmanned Aircraft.”


César Rosado Marzán’s new book with Sergio Gamonal C., El Principcio de Protección del Trabajador en el Derecho Norteamericano (The Principle of Protection in U.S. Work Law), was published in October 2014 by Legal Publishing/Thomson Reuters-Chile.


David Schwartz‘s article Our Divided Patent System,  written with John R. Allison and Mark A. Lemley, was accepted for publication at the University of Chicago Law Review. It will be published in 2015.  His article, On Mass Patent Aggregators: A Response to Mark A. Lemley & A. Douglas Melamed’s Missing the Forest for the Trolls, was published at 133 Colum. L. Rev. Sidebar 51 (2014).


Michael Spak‘s article Practical Problems with Modifying the Military Justice System to Better Handle Sexual Assault Cases will be published in the Wisconsin Journal of Law, Gender & Society.


Joan Steinman has submitted the 2015 Pocket Parts to Volumes 14B & C of the Wright & Miller Federal Practice and Procedure treatise. They should be published in April 2015.  Her article, The Puzzling Appeal of Summary Judgment Denials: When are Such Denials Reviewable?, is ready for publication and will be published in the 2014 Michigan State Law Review.


Ryan Vogel published two posts on Just Security, an online forum for analysis of U.S. national security law and policy, regarding unprivileged belligerency and the Department of Defense’s new detention regulation.


Adrian Walters‘s article, Statutory Erosion of Secured Creditors’ Rights: Some Insights from the United Kingdom, an earlier version of which he presented at an April 2014 symposium on reform of Chapter 11 of the Bankruptcy Code co-organized by the American Bankruptcy Institute and the University of Illinois College of Law, will be published in a symposium issue of the University of Illinois Law Review during 2015.


Richard Wright’s essay, Moore on Causation and Responsibility: Metaphysics or Intuition? will be published in Legal, Moral, and Metaphysical Truths: The Philosophy of Michael Moore (Kimberly Ferzan & Stephen Morse, eds., Oxford University Press, forthcoming 2015). His essay, Causation in the Law: Philosophical Foundations, co-authored with Ingeborg Puppe, Professor of Law, University of Bonn, will be published in The Common Core of European Law: Causation (Marta Infantino & Lena Zervogianni, eds., Cambridge University Press, forthcoming 2015/2016).