Publications – February 2012

In January 2012, Free Press, a division of Simon and Schuster, published Lori Andrews’s book entitled I Know Who You Are and I Saw What You Did: Social Networks and the Death of Privacy.  Excerpts from the book have been published on on December 31, 2011, and in The Globe and Mail (Toronto) on February 4, 2012.  The Philadelphia Inquirer published her op-ed column entitled A Social-Network Constitution: We Need Rules to Protect People’s Freedom of Expression on the Internet, on January 8, 2012.  The New York Times published her op-ed column entitled Facebook Is Using You on February 5, 2012.  Additionally, she has recently written blog posts for: Time Ideas, The National Constitution Center, The Writer’s Forensics Blog, and  You can read other blog posts she has written at


William Birdthistle‘s forthcoming article discussing the Supreme Court’s decision in Janus v. First Derivative Traders was accepted for publication by the Journal of Corporation Law.

His piece entitled Breaking Bucks in Money Market Funds, previously published in the Wisconsin Law Review, will be anthologized in the Securities Law Review.


Sungjoon Cho‘s recent article, Beyond Rationality: A Sociological Construction of the WTO, appears in the January 2012 issue of the Virginia Journal of International Law.


Martin Malin has a new article, The Arbitration Fairness Act: It Need Not and Should Not Be an All or Nothing Proposition, published at 87 Ind. L.J. 289 (2012). His book entitled Employment Discrimination Law: Cases and Notes (West 2012) is in press; his coauthor is Mack Player of Santa Clara Law, Santa Clara University.


Nancy Marder’s book review of Justice John Paul Stevens’ new book, Five Chiefs: A Supreme Court Memoir (2011), was published in Judicature, Jan./Feb. 2012, and is entitled A Dignified, Inside Look at the Supreme Court—and More than a Few Surprises.

Based on her article, The Conundrum of Cameras in the Courtroom, available at, Professor Marder wrote a Letter to the Editor about cameras at the U.S Supreme Court, which was published in the New York Times on Dec. 7, 2011.  It became part of a “Sunday Dialogue: Putting the Justices on TV,” to which Professor Marder wrote a response, which was published in the New York Times on December  11, 2011.  Her original letter was then republished as part of the New York Times Upfront, which is used to teach high school students about issues in the news.


Henry Perritt‘s short movie, Getting Back, has been released by Chicago-Kent’s CLE Department as part of a one-hour video MCLE program on copyright and computer law issues arising from social media use.

His first novel, Arian, has been published by Amazon.

Finally, his article, Cut in Tiny Pieces: Ensuring That Fragmented Ownership Does Not Chill Creativity, has been published at 14 Vand. J. Ent. & Tech. L. 1 (2011). It is available on the Web at


Christopher Schmidt‘s new article, Conceptions of Law in the Civil Rights Movement, was published at 1 UC Irvine L. Rev. 101 (2011).  This article was also featured in the most recent issue of the American Bar Foundation’s newsletter, Researching Law (Winter 2012).


David Schwartz has published Paving the Path to Predicting Legal Outcomes: A Response to Professor Chien’s Predicting Patent Litigation, 90 Tex. L. Rev. See Also 97 (2012) (with Jay Kesan & Ted Sichelman).

He has also published Explaining the Demise of the Doctrine of Equivalents, 25 Berkeley Tech. L.J. 1157 (2011).


Christopher Seaman‘s most recent article, Willful Patent Infringement and Enhanced Damages After In re Seagate:  An Empirical Study, 97 Iowa L. Rev. 417 (2012), was published last month.


Andy Spalding has an article, The Irony of International Business Law: U.S. Progressivism and China’s New Laissez-Faire, published in the UCLA Law Review.


Ozan Varol’s article, The Origins and Limits of Originalism:  A Comparative Study, was published at 44 Vand. J. Transnat’l L. 1239 (2011).


Adrian Walters is a contributing author of the new edition of Lightman & Moss on The Law of Administrators and Receivers of Companies (London: Sweet & Maxwell, 5th ed., 2011), a leading treatise on UK corporate restructuring law.


Richard Wright‘s paper, Private Nuisance Law: A Window on Substantive Justice, was published in December 2011 by Hart Publishing, Oxford, England, as chapter 17 in Rights and Private Law, edited by Andrew Robertson, University of Melbourne, and Donal Nolan, University of  Oxford.