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Articles 1 - 16 of 16
Full-Text Articles in Law
Table Of Contents, Seventh Circuit Review
Table Of Contents, Seventh Circuit Review
Seventh Circuit Review
No abstract provided.
Dobbey V. Illinois Department Of Corrections: A Small Piece Of A Growing Policy Puzzle, Ashley M. Belich
Dobbey V. Illinois Department Of Corrections: A Small Piece Of A Growing Policy Puzzle, Ashley M. Belich
Seventh Circuit Review
The First Amendment right to petition is deeply intertwined with the other liberties offered by the Bill of Rights. However, the right to petition is still rarely analyzed in the legal world. This already difficult topic has become even more muddled in the prison system. Although the Prison Litigation Reform Act sought both to help prisoners and reduce the abundance of inmate lawsuits, inmate grievance processes actually suffocate the right to petition in prisons, sometimes going so far as to create a culture that offers barely any First Amendment protection. The Seventh Circuit's decision in Dobbey v. Illinois Dept. of …
Raising The Bar: How The Seventh Circuit Nearly Struck Down The Diploma Privilege Under The Dormant Commerce Clause, Paul C. Huddle
Raising The Bar: How The Seventh Circuit Nearly Struck Down The Diploma Privilege Under The Dormant Commerce Clause, Paul C. Huddle
Seventh Circuit Review
In Wiesmueller v. Kosobucki, the Seventh Circuit considered whether the Wisconsin diploma privilege violated the dormant Commerce Clause of the United States Constitution. The diploma privilege grants graduates of the University of Wisconsin Law School and Marquette University Law School admission to the Wisconsin bar without examination. This privilege does not extend to graduates of other ABA-accredited law schools who desire to practice in Wisconsin. Because the issue was dismissed prematurely in the lower court, the Seventh Circuit declined to decide the issue. Nonetheless, the Seventh Circuit suggested that the diploma privilege arbitrarily discriminated against interstate commerce. This Comment …
Should They Stay Or Should They Go: Applying The Forum Non Conveniens Doctrine To Foreign Plaintiffs Injured Abroad In Abad V. Bayer Corporation, Leah B. Moon
Seventh Circuit Review
To prevent plaintiffs from harassing the defendant or engaging in forum-shopping, the common law doctrine of forum non conveniens permits trial courts to dismiss a foreign plaintiff's suit, over which it would normally have jurisdiction, if both the parties' convenience and the ends of justice are best served by dismissal. Supreme Court precedent requires courts to weigh a number of private and public interest factors, and gives foreign plaintiffs less deference in their choice of forum than a domestic plaintiff. Applying this test in Abad v. Bayer Corporation, the Seventh Circuit upheld the dismissal of two cases involving Argentinean …
True To The Fable?: Examining The Appropriate Reach Of Cat's Paw Liability, Emily M. Kepner
True To The Fable?: Examining The Appropriate Reach Of Cat's Paw Liability, Emily M. Kepner
Seventh Circuit Review
In its recent decision in Staub v. Proctor Hospital, the Seventh Circuit clarified its approach to the colorfully named "cat's paw" theory of employment discrimination. The cat's paw doctrine holds employers vicariously liable when an employee involved in the decisionmaking process, other than the non-biased formal decisionmaker, possessed discriminatory intent. Currently, the circuits disagree about how much control the biased employee must possess over the decisionmaker to impose liability on the employer. In Staub, the Seventh Circuit held that liability should be imposed only when the biased employee possessed "singular influence" over the formal decisionmaker, aligning the court …
Finding Intent Without Mens Rea: A Modified Categorical Approach To Sentencing Under The United States Sentencing Guidelines, Amanda J. Schackart
Finding Intent Without Mens Rea: A Modified Categorical Approach To Sentencing Under The United States Sentencing Guidelines, Amanda J. Schackart
Seventh Circuit Review
This Comment considers whether reckless homicide should be considered a "crime of violence" under the United States Sentencing Guidelines. The Guidelines provide for a sentence enhancement for those defendants who are labeled as career offenders. Career offenders are those individuals who have at least three convictions for either drug offenses or "crimes of violence." In United States v. Begay, the United States Supreme Court held that in order for a predicate offense to be a crime of violence, the crime must be "purposeful, aggressive, and violent." The Seventh Circuit recently held in United States v. Woods that reckless homicide …
Prisoners And Public Employees: Bridges To A New Future In Prisoners' Free Speech Retaliation Claims, Matthew D. Rose
Prisoners And Public Employees: Bridges To A New Future In Prisoners' Free Speech Retaliation Claims, Matthew D. Rose
Seventh Circuit Review
In Bridges v. Gilbert, the Seventh Circuit considered the question of whether prisoners' free speech, like the free speech of public employees, must involve a matter of public concern to receive First Amendment protection against governmental retaliation. Instead of holding that a prisoner's speech must involve a matter of public concern, the Seventh Circuit drew on the Supreme Court's unexamined and indeterminate test in Pell v. Procunier to hold that prisoners retained those free speech rights not inconsistent with their status as a prisoner or the legitimate penological objectives of the corrections system. This Comment traces the evolution of …
The Seventh Circuit Giveth, And The District Of Columbia Circuit Taketh Away: The National Labor Relations Board's Authority To Act Under Section 3(B) Of The National Labor Relations Act, Tyler T. Murphy
Seventh Circuit Review
On May 1, 2009, the Seventh Circuit and the D.C. Circuit issued decisions interpreting Section 3(b) of the National Labor Relations Act. In New Process Steel, LP v. NLRB, the Seventh Circuit interpreted Section 3(b) as allowing the National Labor Relations Board to issue decisions through a two-member panel. However, the D.C. Circuit declared the same two-member panel unlawful in Laurel Baye Healthcare of Lake Lanier, Inc. v. NLRB. The Supreme Court will now resolve the issue, having granted certiorari to New Process Steel. This Note argues that Section 3(b)'s plain language and legislative history fail to …
Table Of Contents, Seventh Circuit Review
Table Of Contents, Seventh Circuit Review
Seventh Circuit Review
No abstract provided.
Preface, Sandra R. Stipp
No Jury Rigging In The Court Of Appeals For The Seventh Circuit: An Analysis Of Jury Testimony To Impeach Jury Verdicts, Brian W. Reidy
No Jury Rigging In The Court Of Appeals For The Seventh Circuit: An Analysis Of Jury Testimony To Impeach Jury Verdicts, Brian W. Reidy
Seventh Circuit Review
Following a federal jury trial, losing litigants may seek a new trial by challenging, or impeaching, the validity of the jury's verdict. It is well recognized that, unlike fine wine, steaks, and cheese, lawsuits do not improve with age because as time passes, memories fade, witnesses become unavailable, and evidence is often lost. Accordingly, society has as interest verdict finality, but few would deny a litigant, especially a criminal defendant, a new trial if the jury's verdict was tainted by something external to the protections of the courtroom. Federal Rule of Evidence 606(b) generally prohibits juror testimony to impeach a …
A Fair Share (Of Removal): Resolving A Conflict Between The Class Action Fairness Act And The Securities Act, Marina G. Aronchik
A Fair Share (Of Removal): Resolving A Conflict Between The Class Action Fairness Act And The Securities Act, Marina G. Aronchik
Seventh Circuit Review
In 2007, the collapse of the housing market and the developing trend of state court filings of class actions alleging violations of the Securities Act culminated into a new type of securities litigation: state court filings of class actions alleging violations of the Securities Act with respect to non-publicly traded securities in general and mortgage-backed securities in particular. Thus, it became important for defendants to remove these claims to federal court. Permitting removal of such claims appears to conflict with the Securities Act, which broadly prohibits removal of claims arising under the Securities Act. But prohibiting removal is in tension …
A Disability By Any Other Name Is Still A Disability: Log Cabin, The Disability Spectrum, And The Ada(Aa), Gabrielle L. Goodwin
A Disability By Any Other Name Is Still A Disability: Log Cabin, The Disability Spectrum, And The Ada(Aa), Gabrielle L. Goodwin
Seventh Circuit Review
In EEOC v. Lee's Log Cabin, the Seventh Circuit followed the Supreme Court precedent of the last decade that has increasingly narrowed the determination of what constitutes a disabled individual under the Americans with Disabilities Act. In 2008, Congress passed the ADA Amendments Act in an attempt to restore the ADA to its original purpose and the original vision of the ADA's drafters and supporters. Whether these amendments will produce dramatic changes in the way the administrative agencies and courts apply the ADA remains to be seen. Nonetheless, the only way the ADA or its amendments will successfully protect …
Supervisors, Sex, And The Seventh Circuit: No Should Always Mean No, Joshua I. Grant
Supervisors, Sex, And The Seventh Circuit: No Should Always Mean No, Joshua I. Grant
Seventh Circuit Review
The Seventh Circuit in Tate v. Executive Management Services, Inc. faced the issue of whether an employee who rebuffs his supervisor's sexual advances engaged in the kind of opposition to an unlawful employment practice protected by Title VII's retaliation provision. The retaliation provision requires that an employee oppose any unlawful employment practice but does not define "oppose." The Eighth Circuit has held that an employee engages "the most basic form of protected activity" by rebuffing a supervisor's sexual advances. The Fifth Circuit, on the other hand, has found that an express rejection of a supervisor’s sexual advances does not qualify …
The Seventh Circuit Gives The Green Light To Red Light Cameras: An Analysis Of The Court's Application Of The Rational-Basis Test To Red Light Camera Laws, Katelyn Rose Letizia
The Seventh Circuit Gives The Green Light To Red Light Cameras: An Analysis Of The Court's Application Of The Rational-Basis Test To Red Light Camera Laws, Katelyn Rose Letizia
Seventh Circuit Review
With over one million fatalities occurring every year on the world's roadways, the safety of motorists, passengers, and pedestrians is a major public policy concern. In an effort to address this policy concern and prevent roadway fatalities and accidents, communities across the county have implemented automated enforcement technology systems, such as red light cameras. Proponents of red light camera legislation believe the laws are constitutional and effective, but critics claim that such laws fail to pass the rational-basis test required of all legislation. In Idris v. City of Chicago, the Court of Appeals for the Seventh Circuit considered whether …
Ending Terrorism With Civil Remedies: Boim V. Holy Land Foundation And The Proper Framework Of Liability, Laura B. Rowe
Ending Terrorism With Civil Remedies: Boim V. Holy Land Foundation And The Proper Framework Of Liability, Laura B. Rowe
Seventh Circuit Review
Counterterrorism experts agree that, because money is the lifeblood of terrorists, one of the most effective means of combating terrorism is eradicating vital sources of funding. Recognizing this, Congress passed legislation throughout the 1990s that holds individuals criminally liable for providing financial or other material support to terrorists or terrorist organizations. Additionally, Congress created a civil remedy for victims who are injured or killed by reason of an act of international terrorism. In the first case to utilize the 18 U.S.C. § 2333 civil cause of action, the parents of David Boim, a Jewish-American teenager killed in Israel by alleged …