Law Commons^™

Mind Mapping With Freemind And Mindjet's Mindmanager, Debbie Ginsberg

Presentations

Debbie Ginsberg provided an overview of ming mapping including how to create outlines, plan projects, and organize ideas with popular mind mapping tools.

Video Recording Law School Classes - Options And Issues, Debbie Ginsberg

Presentations

In this Brown Bag, Debbie Ginsberg discussed the technology used to record, upload, and share videos along with issues arising from recording classes.

Table Of Contents, Seventh Circuit Review

Seventh Circuit Review

No abstract provided.

United States V. Blagojevich: A Standard Bait And Switch, Timothy J. Letizia

Seventh Circuit Review

In United States v. Blagojevich, the Seventh Circuit addressed the issue of whether the presumption in favor of disclosure of jurors' names had been rebutted. The Seventh Circuit began its analysis by recognizing three bases by which judicial proceeding information is made available to the press and the public: (1) the First Amendment right of access, (2) the common law presumption of openness, and (3) the Jury Selection and Service Act. While each of these bases functions primarily to make information available to the press and public, each also carries its own distinct standard by which the presumption of …

Discharge Of Rcra Injunctive Claims In Bankruptcy: The Seventh Circuit's Decision In United States V. Apex Oil Co., Inc., Diana E. Rdzanek

Seventh Circuit Review

In its recent decision in United States v. Apex Oil, Inc., the Seventh Circuit considered whether an injunction under an environmental statute, even one that requires significant expenditures on the part of the debtor, could ever be a "right to payment" under the Bankruptcy Code, which would allow the claim to be discharged in the bankruptcy. The Seventh Circuit answered in the negative. Since the Supreme Court's decision in Ohio v. Kovacs, the federal circuits have disagreed on the discrete issue of when a claim arises for purposes of bankruptcy with respect to clean-up injunctions under environmental laws. …

What Does Speed Have To Do With It?: An Analysis Of The Seventh Circuit's Application Of The Speedy Trial Act, Meagan S. Winings

Seventh Circuit Review

A defendant's right to a speedy trial is ensured by the Sixth Amendment to the Constitution, as well as the Speedy Trial Act. The right was created to prevent oppressive pretrial incarceration, to minimize anxiety and concern of the accused, and to limit the possibility that the defense will be impaired. The Speedy Trial Act is to be interpreted in light of this purpose; however, the Seventh Circuit, along with the other circuits and the Supreme Court, has deviated from this principle.

The Seventh Circuit has applied the excludable days exception within the Speedy Trial Act so liberally as to …

The Gatekeepers Keep Changing The Locks: Swanson V. Citibank And The Key To Stating A Plausible Claim In The Seventh Circuit Following Twombly And Iqbal, Gregory L. Grattan

Seventh Circuit Review

In Swanson v. Citibank, the Seventh Circuit debated with new vigor how to properly interpret and apply the Supreme Court's requirement that all complaints state a plausible claim. Following the Supreme Court's decisions in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, if a complaint in any civil case does not state "a claim to relief that is plausible on its face," then it fails to meet the requirements of Federal Rule of Civil Procedure 8(a)(2) and is subject to dismissal under Federal Rule 12(b)(6). In Swanson, Judge Diane Wood advocated for a liberal interpretation of …

How Less Is More: The Unraveling Of The Inextricable Intertwinement Doctrine Under United States V. Gorman, Jaime L. Padgett

Seventh Circuit Review

In July 2010, the United States Court of Appeals for the Seventh Circuit explicitly abolished the long-standing doctrine of inextricable intertwinement as a basis of admissibility for other bad acts evidence. The court held in United States v. Gorman that the doctrine had "become overused, vague, and quite unhelpful" and as such, "has outlived its usefulness." The court eliminated this basis of admissibility in favor of the exclusive use of Federal Rule of Evidence 404(b). Although the two bases have different origins and initial purposes, by virtue of confusion and realities of the judicial system, the bases have come to …

Two-Thirds Of An Evidentiary Requirement: Are Courts Too Strict In Construing The Two-Thirds Citizenship Requirement Of The Cafa Home-State Exception?, John P. Orellana

Seventh Circuit Review

In In re: Nextel Sprint Corporation, the Seventh Circuit addressed the requirement that plaintiffs show that two-thirds of class members are citizens of the state under the CAFA home-state and local controversy exceptions in order to avoid removal to federal court. A plaintiff class, composed of Kansas residents subscribing to the defendant's cell phone service under Kansas cell phone numbers and receiving their bills at Kansas mailing addresses, sought remand to state court. Though the court found common sense intuitions implicated that the class likely satisfied the two-thirds citizenship requirement of the home-state exception, the court refused to remand …

Papa Don't Preach: Badger Catholic V. Walsh Muddies The Line Between Church And State, Nicholas K. Graves

Seventh Circuit Review

Religion's role in government activity marks a contentious area in the legal community. The First Amendment, by its own language, is ambiguous and fails to give true, clear guidance on where a line might be drawn between religion and government. Spirited debate on their coexistence is all but a constant in American society. Enter public education. The edification of American children from kindergarten through higher education has led to furious debate on when and where it is appropriate for religion to enter. In a recent case, Badger Catholic v. Walsh, the Seventh Circuit discussed religion in education in the …

Conclude To Exclude: The Exclusionary Rule's Role In Civil Forfeiture Proceedings, Daniel W. Kaminski

Seventh Circuit Review

The United States Supreme Court established the exclusionary rule in order to deter law enforcement officers from conducting illegal searches and seizures. By excluding illegally seized evidence, the Court looked to provide American citizens with a remedy to uphold their Fourth Amendment rights. Traditionally, the exclusionary rule excluded only illegally obtained evidence in criminal proceedings. In One 1958 Plymouth Sedan v. Commonwealth of Pennsylvania, however, the Court applied the exclusionary rule to civil forfeiture proceedings because the forfeiture statute was quasi-criminal in nature: like a criminal proceeding, its object was to penalize the commission of an offense.

The forfeiture …

Federal Preemption Of State-Law Failure-To-Warn Claims: Has The Presumption Against Preemption Gone Too Far?, Amanda N. Hart

Seventh Circuit Review

Prescription drug warning labels are regulated by both state products liability law and federal regulations imposed by the Food, Drug, and Cosmetic Act. Often, federal law acts as a minimum standard to which states may add stricter labeling requirements. Occasionally, however, state and federal labeling requirements place a prescription drug manufacturer in a position where compliance with state products liability law causes it to violate federal regulations and vice versa. When this occurs, a decision must be made as to whether state or federal drug labeling requirements prevail. Historically, courts have taken the position that state products liability law preempted …

Scrutinizing The Seventh Circuit: How The Court Failed To Address The "Levels Of Scrutiny" Quagmire In United States V. Skoien, Kyle J. Pozan

Seventh Circuit Review

In Footnote 4 of United States v. Carolene Products, frequently referred to as the most famous footnote in constitutional law, the Supreme Court advanced the idea that a narrower standard of review, one that calls for a "more searching judicial inquiry," should operate against the presumption of constitutionality for legislation that is aimed at a discrete and insular minority, or legislation that infringes on a fundamental right. In the landmark decision of McDonald v. City of Chicago, the Supreme Court held that the Second Amendment right to keep and bear arms for self-defense is a fundamental right that …

What's New In Windows 7, Debbie Ginsberg

Presentations

In this Brown Bag, Debbie Ginsberg gives a tour of some of the new tools available in Windows, Outlook, Word, and Excel.

Extending Tort Liability To Creators Of Fake Profiles On Social Networking Websites, Bradley Kay

Chicago-Kent Journal of Intellectual Property

No abstract provided.

A Definite Claim On Claim Indefiniteness: An Empirical Study Of Definiteness Cases Of The Past Decade With A Focus On The Federal Circuit And The Insolubly Ambiguous Standard, Christa J. Laser

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Asian Initiatives On Bayh-Dole, With Special Reference To India: How Do We Make It More "Asian?", Tina K. Stephen

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Hope Or Nope --Is "Obama Hope" Protected By Idea/Expression Dichotomy, Fair Use Doctrine, & First Amendment?, Hiro Senda

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Physicality And The Information Age: A Normative Perspective On The Patent Eligibility Of Non-Physical Methods, Ben Mceniery

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Office 2007, Emily Barney, Heather Banks

Presentations

This workshop provided links and introductory tips for Office 2007.

Digital Photography, Emily Barney

Presentations

This workshop covered:

• Choosing a camera
• Camera settings
• Improving your photos
• Photo editors
• Printing photos
• Organizing & sharing photos online

Vol. 27, No. 3, Librado Arreola

The Illinois Public Employee Relations Report

Contents:

The Fate of Arbitration Agreements after 14 Penn Plaza LLC v. Pyett, by Librado Arreola

Recent Developments

Human Trafficking For Sexual Exploitation At World Sporting Events, Victoria Hayes

Chicago-Kent Law Review

Many members of the international community fear that world sporting events, such as the Olympics and the World Cup, create surges in human trafficking for sexual exploitation, causing women and girls to be exploited for commercial sex while the rest of the world celebrates athleticism and sport. These fears have sparked heated debate about the measures hosting countries should take to prevent human trafficking at these events and the role prostitution policies play in combating human trafficking. In the lead-up to the 2010 Olympics in Canada and the 2010 World Cup in South Africa, politicians in both countries proposed legalizing …

Table Of Contents - Issue 3, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

The Times They Are Not A-Changin': Reforming The Charitable Split-Interest Rules (Again), Wendy C. Gerzog

Chicago-Kent Law Review

This article will review the history of the tax treatment of charitable split interest gifts, explain the inequities that Congress both cured and generated in its 1969 reforms, and propose solutions that are consistent with the goals of the 1969 legislation. The article discusses variations in the 1969 definition of a charitable split interest, which, because of the enacted statutory language, applies in instances where there is no abuse potential. The inequity produced by that definition penalizes the donor and flouts the rationale behind the 1969 legislation. By contrast, the creation of some required statutory forms of charitable split interests …

What Leona Helmsley Can Teach Us About The Charitable Deduction, Ray D. Madoff

Chicago-Kent Law Review

Leona Helmsley named a number of beneficiaries under her will (both human and canine), but among the unnamed beneficiaries are scholars interested in studying the role of philanthropy in the United States. By directing that an estimated $8 billion be used for the benefit of dogs, Mrs. Helmsley brought in to high relief policy issues regarding the appropriateness of the unlimited charitable deduction. I argue that these concerns are equally applicable, albeit less obvious, when it comes to more traditional charitable bequests. In this paper I will discuss the appropriateness of the unlimited estate tax deduction (particularly in light of …

The Taxation Of Cause-Related Marketing, Terri Lynn Helge

Chicago-Kent Law Review

With the economy in turmoil, charitable organizations are looking to nontraditional sources of financing to supplement contributions and fee-based revenues. One potentially lucrative source of revenue stems from cause-related marketing. Cause-related marketing is the public association of a for-profit company with a charitable organization to promote the company's product or service in order to raise money for the charitable organization. Introduced almost twenty-five years ago, cause-related marketing has now become a $1 billion a year industry. Cause-related marketing has evolved beyond mere use of a charitable organization's name to an apparent union for the purpose of promoting products that carry …

The Problems With Donor Intent: Interpretation, Enforcement, And Doing The Right Thing, Susan N. Gary

Chicago-Kent Law Review

In a number of recent controversies, the way the charities involved handled restricted gifts resulted in unhappy donors, negative publicity, and costly litigation. This paper examines several of these cases and then argues that donor intent is often more difficult to divine that many people have stated.

The law requires that a charity give effect to a restriction imposed by a donor. This paper examines the legal rules that govern donor-restricted gifts and considers the other reasons a charity will, in most cases, follow the donor's intent. The paper then describes several circumstances in which donor intent may not be …

Should Charitable Trust Enforcement Rights Be Assignable?, Joshua C. Tate

Chicago-Kent Law Review

In recent years, scholars have given much attention to the problem of charitable trust enforcement. Departing from the common law, section 405(c) of the Uniform Trust Code provides that "[t]he settlor of a charitable trust, among others, may maintain a proceeding to enforce the trust." Joshua Tate's paper will address the question of whether, and to what extent, a settlor's right to enforce a charitable trust should be assignable to third parties. Should the law permit the settlor of a charitable trust to assign her enforcement rights after the creation of the trust, or should assignments be recognized only if …

Discrimination Outside Of The Office: Where To Draw The Walls Of The Workplace For A "Hostile Work Environment" Claim Under Title Vii, Douglas R. Garmager

Chicago-Kent Law Review

Title VII of the Civil Rights Act of 1964 makes it "an unlawful employment practice for an employer . . . to discriminate against any individual" on the basis of sex. Accordingly, in Meritor Savings Bank, FSB v. Vinson, the Supreme Court recognized that sex discrimination in employment can give rise to a hostile work environment claim under Title VII. The scope of a hostile work environment claim has not been interpreted uniformly by the lower courts, however, as a circuit split exists today over whether conduct occurring outside the workplace is relevant to a hostile work environment claim. …