Publications – February 2014

Lori Andrews wrote a law review article, The “Progress Clause”: An Empirical Analysis Based on the Constitutional Foundation of Patent Law, which analyzes studies of the impact of gene patents on research and innovation, for a symposium issue of the North Carolina Journal of Law and Technology. Professor Andrews wrote a chapter entitled, An Informed Consent Model for Privacy and Data Collection in the Gameful World, for the book, The Gameful World, which will be published in 2014 by the MIT Press. In the chapter, she identifies problems with the data collection present in online games and internet activities and describes what an informed consent model of online privacy should look like. 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. An interview with Professor Andrews will appear in the book, Bright Lights of the Second City: 50 Prominent Chicagoans on Living with Passion and Purpose.


Steven Harris’s article, UCC Article 9, Filing-Based Priority, and Fundamental Property Principles: A Response to Professor Plank, was published in the November 2013 issue of The Business Lawyer. 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.


Valerie Gutmann Koch, as Special Advisor to the New York State Task Force on Life and the Law, the state’s bioethics commission, oversaw the final publication in January 2014 of the Task Force’s Report and Recommendations for Research with Human Subjects Who Lack Consent Capacity. An article addressing this report, entitled Of Vital Importance: The New York State Task Force on Life and the Law’s Report and Recommendations for Research with Human Subjects Who Lack Consent Capacity, which she authored with Susie A. Han, will be published in the upcoming issue of the New York State Bar Association’s Health Law Journal. Also in conjunction with the publication of the Task Force’s report, Professor Koch’s work was featured on the Hastings Center Blog, Bioethics Forum, and Public Responsibility in Medicine and Research (PRIM&R)’s blog, Ampersand.


The second edition of Martin Malin’s labor law casebook has just been published, Labor Law in the Contemporary Workplace: Cases and Materials (2d ed. West 2014) (coauthored with Kenneth Dau-Schmidt, Roberto Corrada, Christopher Cameron, and Catherine Fisk). Professor Malin published Constructing a Comprehensive Curriculum in Labor and Employment Law in 58 St. Louis L.J. 111 (2013).


Henry Perritt’s law review article, Sharing Public Safety Helicopters, co-authored with Eliot Sprague and Chris Cue, has been accepted for publication by SMU’s Journal of Air Law and Commerce. A shortened version has been published as a “resource” on the website of the Airborne Law Enforcement Association, and a derivative magazine article is under consideration for Air Beat magazine. The article explores legal mechanisms for making helicopters available for public safety mission support to smaller communities that cannot afford their own helicopters.

Professor Perritt is nearing completion of a new law review article on drones and their impact on law enforcement and news-gathering helicopters. The article, co-authored with Eliot Sprague, has spawned interest from two helicopter-industry magazines, which are considering two magazine articles excerpted from the larger article: Drones and Their Impact on Helicopters and Drone Dread.

Professor Perritt was interviewed by DNAinfo reporter Casey Cora about the impact of a second-heliport proposal before the Chicago City Council.


Christopher Schmidt’s article Divided by Law: The Sit-Ins and the Role of the Courts in the Civil Rights Movement (forthcoming Law and History Review) won the 2014 Association of American Law Schools’ Scholarly Papers Competition. He presented the article at the AALS annual meeting in January.  His review essay The Challenge of Supreme Court Biography: The Case of Chief Justice Rehnquist, has been accepted for publication in Constitutional Commentary. The UCLA Law Review recently published Why Broccoli? Limiting Principles and Popular Constitutionalism in the Health Care Decision, an article Professor Schmidt wrote with Professor Mark Rosen. Professor Schmidt has also recently published online book reviews for H-Net and Jotwell.


David Schwartz’s article, written with Jay P. Kesan, Analyzing the Role of Non-Practicing Entities in the Patent System was published in 99 Cornell L. Rev. 425.


Joan Steinman has revised and re-submitted to law journals an article now entitled, The Puzzling Appeal of Summary Judgment Denials: When are Such Denials Reviewable? She just finished correcting the page proofs for the 2014 Pocket Parts to Volumes 14B & C of the Wright & Miller Federal Practice and Procedure treatise, covering all aspects of removal and remand.


Dan Tarlock’s book was recently published: Water Resource Management (7th ed. 2014), written with James Corbridge, Reed Benson, and Sarah Bates.  Professor Tarlock published two articles Mexico and the United States Assume a Legal Duty to Provide Colorado River Delta Restoration Flows: An Important International Environmental and Water Law Precedent, in the Review European Comparative and International Environmental Law (2014), and New Challenges for Urban Areas Facing Flood Risks, 40 Fordham Urban L. J.1739 (2013), which he wrote with Debbie M. Chizewer.


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