Publications – August 2014

Lori Andrews‘s law review article The ‘Progress Clause’: An Empirical Analysis Based on the Constitutional Foundation of Patent Law was published in June by the North Carolina Journal of Law & Technology.


Christopher Buccafusco‘s article with Zach Burns, Jeanne Fromer and Christopher Sprigman, Experimental Tests of Intellectual Property Law’s Creativity Thresholds, 92 Tex. L. Rev. 1921 (2014), was published by the Texas Law Review.  He also submitted for publication Mapping Copyright’s Moral Domain, an article written with David Fagundes.


Valerie Gutmann Koch‘s article, A Policy in Flux: New York State’s Evolving Approach to Human Subjects Research Involving Individuals Who Lack Consent Capacity, will be published in the next issue of the Journal of Law, Medicine and Ethics. Her article A Private Right of Action for Informed Consent in Research will be published in the first issue of volume 45 of the Seton Hall Law Review. She was interviewed about the latter for an article published in the July-August 2014 issue of Research Practitioner. Her book chapter in Prenatal and Preimplantation Genetic Diagnosis: The Burden of Choice (Springer) will be published in 2015.


Edward Lee‘s article The Global Trade Mark was published this fall by the University of Pennsylvania Journal of International Law.


Martin Malin‘s article, Education Reform and Labor-Management Cooperation: What Role for the Law, 45 U. Tol. L. Rev. 527 (2014), has been published.  He co-authored a study guide to accompany a DVD, The Art and Science of Labor Arbitration, distributed by the College of Labor and Employment Lawyers.


Nancy Marder, along with Valerie Hans from Cornell Law School, is editing the papers from the jury conference entitled “Juries and Mixed Tribunals Across the Globe: New Developments, Common Challenges, and Future Directions,” held at Onati, Spain on June 12-13, 2014.  The conference papers will be published in the Onati Socio-Legal Series This online peer-review journal is available from the website of the International Institute for the Sociology of Law (IISL) as well as from the Social Science Research Network (SSRN).


Sheldon Nahmod completed the 2014 update to his treatise, Civil Rights and Civil Liberties Litigation: The Law of Section 1983 (4th ed. West). The update will be published in early September 2014.


Henry Perritt‘s articles, co-authored with Eliot Sprague, have been published in several aviation and technology publications: Is there a drone in your future? was published by Heliweb, Drone Dread was published by Rotor & Wing, But Who’s Going to Fly Them? was published by Professional Pilot, Law and Order in the Skies was published by The Tech–the MIT student newspaper–, and Leashing Drones was published by Rotorcraft Pro. Henry Perritt and Eliot Sprague’s Law Abiding Drones will be published in the September issue of Rotor and Wing.


César Rosado Marzán had two articles published recently: Labor’s Soft Means and Hard Challenges: Fundamental Discrepancies and the Promise of Non-Binding Arbitration for International Framework Agreements, 98 Minn. L. Rev. 1749, and El Bajo Vientre del Jaguar: La Fiscalización y la Ausencia de Autotutela en el Derecho Laboral Chileno (The Jaguar’s Underbelly: Labor Inspection and Workers’ Organization in Chile), 2 Revista de Derecho Laboral y Seguridad Social 13.


Christopher Schmidt‘s article, The Challenge of Supreme Court Biography: The Case of Chief Justice Rehnquist, was published in Constitutional Commentary, 29 Const. Comm. 271 (2014).


David Schwartz‘s article, written with John R. Allison and Mark A. Lemley, Understanding the Realities of Modern Patent Litigation, 92 Tex. L. Rev. 1769 (2014), was published from a symposium on “Steps Toward Evidence-Based IP.”  His article entitled Retroactivity at the Federal Circuit was also published, 89 Ind. L.J. 1547 (2014).


Joan Steinman‘s 2014 Pocket Parts and Supplements to Volumes 14B & C of the the Wright & Miller Federal Practice and Procedure treatise, which cover all aspects of removal and remand, were published by Thomson Reuters in April. In January 2014, Joan Steinman also published electronically 2014 Beyond the Pocket Parts which contains write-ups on removal and remand issues that do not fit within the item limits set by Thomson Reuters.  Her article, The Puzzling Appeal of Summary Judgment Denials: When are Such Denials Reviewable?, will be published in the 2014 Michigan State Law Review.


Ryan Vogel has an article accepted for publication in the Albany Government Law Review that will address the legal impact that ending the conflict in Afghanistan will have on the broader conflict with al-Qa’ida.

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