Research in Progress – August 2011

Lori Andrews was recently awarded a one-year grant by the Greenwall Foundation to analyze the legal issues surrounding the collection of health information by social networks and related data aggregators.

Christopher Buccafusco has received three grants to support his current research projects: a $69,000 grant from Google and a $15,000 grant from the Batten Institute to study the effects of IP incentives on creativity and innovation, with Chris Sprigman; and an $18,000 grant from Google to study the effects of the public domain on the value of copyrighted works, with Paul Heald.

Steven Heyman is currently at work on an article criticizing the Supreme Court’s recent decision in Snyder v. Phelps, 131 S. Ct. 1207 (2011), which held that the Westboro Baptist Church had a First Amendment right to picket the funeral of a young soldier who was killed in Iraq.  Shortly after the decision came down in March, Professor Heyman spoke about the case to the Chicago Bar Association’s Committee on Constitutional Law and Civil Rights and did extensive radio and television interviews.

Nancy Marder revised and updated an article entitled The Conundrum of Cameras in the Courtroom, which was updated to take account of recent events, including the Casey Anthony jury trial, which received extensive television coverage, and the federal pilot program that began in July 2011 and that permits cameras in fourteen federal district courts.

Sheldon Nahmod is continuing his work on the history of the early years of section 1983 in the Supreme Court.

Joan Steinman has sent to law reviews her draft article, Appellate Courts as First Responders: The Constitutionality and Propriety of Appellate Courts Resolving Issues in the First Instance. The article addresses questions such as “Do Article III or Congressional statutes speak to federal appellate authority to address new issues – and, if so, what do they say?” and “What guidance has the Supreme Court given with respect to appellate courts’ proper role in regard to new issues?”

Professor Steinman also is working on a 2011 Teachers’ Update for Appellate Courts: Structures, Functions, Processes and Personnel (2d ed., LexisNexis, 2006) (with Daniel J. Meador and Thomas E. Baker).

She is planning an article on the the distorting effects on procedure of judicial efforts to protect federal officials from suit.

Finally, Professor Steinman is working on the 2012 pocket parts for volumes 14B and 14C of Wright & Miller, Federal Practice and Procedure.