Publications – August 2013

The MIT Press will be publishing the book, The Gameful World, in which Lori Andrews has written a chapter entitled Privacy and Data Collection.  The chapter discusses the legal issues concerning gamification as well as the psychological, financial and societal impacts that gamified applications have on its users.  Her article, Where’s Waldo?: Geolocation, Mobile Apps and Privacy, was published in SciTech Lawyer Journal (Summer 2013).  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.


Christopher Buccafusco has the following forthcoming articles: Innovation and Incarceration: An Economic Analysis of Criminal Intellectual Property Law, Southern California Law Review (forthcoming 2013) (with Jonathan Masur); What’s a Name Worth?: Valuing Attribution in Intellectual Property Law, Boston University Law Review (forthcoming 2013) (with Christopher Sprigman and Zachary Burns); and Do Bad Things Happen When Works Enter the Public Domain?: Empirical Tests of Copyright Term Extension, Berkeley Technology Law Journal (forthcoming 2013) (with Paul Heald).

In addition, Well-Being Analysis vs. Cost-Benefit Analysis, 62 Duke Law Journal 1603 (2013) (with John Bronsteen and Jonathan Masur), was recently published.


Steven Harris recently completed UCC Article 9, Filing-Based Priority, and Fundamental Property Principles.  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, and will appear in the November 2013 issue of Business Lawyer.


Valerie Gutmann Koch’s paper, Unique Proposals for Limiting Legal Liability and Encouraging Adherence to Ventilator Allocation Guidelines in an Influenza Pandemic, was published in August in the DePaul Journal of Health Care Law.


Harold Krent published Determining the Retroactive Reach of Decriminalization and Diminished Punishment, 40 Fordham Urb. L.J. City Square 7 (2013).


Edward Lee‘s paper, Copyright-Exempt Nonprofits: A Simple Proposal to Spur Innovation, will be published this fall in the Arizona State Law Journal.  His book, The Fight for the Future: How People Defeated Hollywood and Saved the Internet–For Now, is due to be published on September 17.


Martin Malin‘s article, Collective Representation and Employee Voice in the Public Sector in the United States, will appear shortly in the Osgoode Hall Law Journal.


Nancy Marder‘s article The Court and the Visual: Images and Artifacts in U.S. Supreme Court Opinions has been published in 88 Chicago-Kent Law Review 331 (2013), in a symposium entitled “The Supreme Court and the American Public.”  Her invited essay, A Viewer’s Role Is Nothing Like a Juror’s, appeared as part of the New York Times‘ online series called “Room for Debate.” The essay appears under the heading “You, the Jury” and can be found at


Sheldon Nahmod completed the 2013 Update to his leading treatise, Civil Rights and Civil Liberties Litigation: The Law of Section 1983 (4th ed. West Group; CIVLIBLIT on Westlaw). It will be published in September 2013.  His Supreme Court history article, Section 1983 Is Born: The Supreme Court Stories of Tenney and Monroe, will be published in the December 2013 issue of the Lewis & Clark Law Review.


Henry Perritt‘s 2013 Employment Law Update was published by Aspen Law and Business this spring. The update contains several chapters written by Chicago-Kent alumni and is edited by Prof. Perritt.  Supplements to Professor Perritt’s Americans with Disabilities Act Handbook; Civil Rights in the Workplace; Digital Communications Law; and Trade Secrets: A Practitioner’s Handbook, were published this Spring.


Christopher Schmidt recently co-authored an introduction (with Carolyn Shapiro) in the Chicago-Kent Law Review‘s symposium issue on “The Supreme Court and the American Public,” based on a conference he and Professor Shapiro organized last fall.  The issue also includes his article, Beyond the Opinion: Supreme Court Justices and Extrajudicial Speech.


David Schwartz has published Standards of Proof in Civil Litigation: An Experiment from Patent Law, 26 Harv. J. L. & Tech. 429 (2013) (with Christopher Seaman).


Joan Steinman’s 2013 Supplements to Volumes 14B & C of the Wright & Miller Federal Practice and Procedure treatise – covering all aspects of removal and remand – were published. She recorded a presentation for Oyez on the Supreme Court’s resolution of the standing-to-appeal issues presented by the two same-sex marriage cases that the Court decided this Term. Professor Steinman also worked on and signed on to an amicus brief filed with the U.S. Supreme Court, by a dozen law professors, in Madigan v. Levin, a case that raises questions concerning pendent appellate jurisdiction as well as a merits question concerning age-discrimination suits by state employees. Professor Steinman’s article, Pre- and Post-Judgment Review of Summary Judgment Denials after Ortiz v. Jordan – A Wider and Deeper Look, is now under consideration by law reviews.


Richard Warner has published Unauthorized Access: The Crisis in Online Privacy and Security, CRC/Chapman Hall, 2012,; and Beyond Notice and Choice: Privacy, Norms, and Consent, with Robert Sloan, __ Suffolk University Journal of High Technology Law __ (2014).

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