Publications – April 2012

Kimberly Bailey‘s article, It’s Complicated: Privacy and Domestic Violence, will be published in Georgetown’s American Criminal Law Review this fall.  The review is also interested in soliciting a response piece to be published along with the article in the same issue.


Christopher Buccafusco‘s article, Making Sense of Intellectual Property, was recently published in Cornell Law Review.  His forthcoming article, Well-Being Analysis vs. Cost-Benefit Analysis, written with John Bronsteen and Jonathan Masur, has been accepted for publication in Duke Law Journal. The article will be the basis for the journal’s annual Administrative Law Symposium next year.


Steven Heyman‘s most recent article, To Drink the Cup of Fury: Funeral Picketing, Public Discourse and the First Amendment, will appear in the November issue of the Connecticut Law Review.


Nancy Marder’s book chapter, entitled Instructing the Jury, was published in The Oxford Handbook of Language and Law (Peter M. Tiersma & Lawrence M. Solan, eds. 2012).  Her invited commentary, entitled Cameras and the Courtroom Dynamic, appeared in Jurist, at:


Henry Perritt‘s The Internet at 20: Evolution of a Constitution for Cyberspace is scheduled for publication this month in the William & Mary Bill of Rights Journal.


David Rudstein‘s most recent article, Re-Trying the Acquitted in England, Part III: Prosecution Appeals of Judges’ Rulings of No Case to Answer, was published by the San Diego International Law Journal.  This completes his three-part analysis of the changes to English double jeopardy law made by the Criminal Justice Act (2003).


David Schwartz‘s article, The Rise of Contingent Fee Representation in Patent Litigation, was accepted for publication in the Alabama Law Review.


Joan Steinman has published the 2012 pocket parts to volumes 14B and C of Wright & Miller’s Federal Practice and Procedure.

Also, her article Appellate Courts as First Responders: The Constitutionality and Propriety of Appellate Courts’ Resolving Issues in the First Instance is about to be published in Volume 87 of Notre Dame Law Review.


Dan Tarlock has had two articles recently published: Is a Substantive, Non-Positivist United States Environmental Law Possible?, 1 Mich. J. Envtl. & Admin. L. 157 (2012); and The Legacy of Schodde v. Twin Falls Land and Water Company: The Evolving Reasonable Appropriation Principle, 42 Envtl. L. 37 (2012).


Richard Warner has published Legal Concepts of Privacy Meet Technology: A 50-State Survey, “Workshop on Governance of Technology, Information, and Policies,” Proceedings of the 2011 Annual Computer Security Applications Conference, co-authored with Miriam Russom and Robert Sloan.

He’s also published The Undermining Impact of Information Processing on Informational Privacy, In Justyna Balcarczyk (ed.), Rights of Personality in the XXI Century, Wolters-Kluwer, 2012, co-authored with Robert Sloan.

Another recently published collaboration with Robert Sloan is Vulnerable Software: Product-Risk Norms and the Problem of Unauthorized Access, 2012 U. Ill. J.L. Tech. & Pol’y 101 (2012).

Finally, Professor Warner authored the forthcoming Behavioral Advertising: From One-Sided Chicken to Informational Norms, 15 Vand. J. Ent. & Tech. L. ___ (2012).


Richard Wright was co-editor (with Ken Oliphant, Director of the Institute of European Tort Law, Vienna, Austria), of the double issue Symposium on Medical Malpractice and Compensation in Global Perspective, 86 Chi.-Kent L. Rev. 1019–1301 (2011), 87 Chi.-Kent L. Rev. 1–198 (2012), which contains papers by experts on fourteen different countries or regions around the world, from every continent except Antarctica.

Professor Wright’s paper, The NESS Account of Natural Causation: A Response to Criticisms, originally published as chapter 14 in Perspectives on Causation (Richard Goldberg ed., Hart Publishing, 2011), is being reprinted in Causation in Law and Philosophy [tentative title] (Benedikt Kahmen & Markus Stepanians eds., DeGruyter, 2012).

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