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Unraveling Tinker: The Seventh Circuit Leaves Student Speech Hanging By A Thread, Marcia E. Powers
Unraveling Tinker: The Seventh Circuit Leaves Student Speech Hanging By A Thread, Marcia E. Powers
Seventh Circuit Review
In the bedrock student speech case Tinker v. Des Moines Independent School District, the Supreme Court ruled that students do not shed their First Amendment rights at the schoolhouse gate and that a school cannot prohibit student speech absent a “substantial disruption.” The Supreme Court defined “substantial disruption” as speech that “materially and substantially disrupt[s] the work and discipline of school.” In 2008, the Seventh Circuit adopted a new definition of “substantial disruption” in Nuxoll v. Indian Prairie School District No. 204, a case where a student challenged his school’s prohibition of the t-shirt slogan “Be Happy, Not …
Payment Finality And Discharge In Funds Transfers, Benjamin Geva
Payment Finality And Discharge In Funds Transfers, Benjamin Geva
Chicago-Kent Law Review
The article explores the occurrence of "final payment" in funds transfers in the form of "accountability" by a bank instructed to pay to a payee/beneficiary. Both the accountability of the drawee/payor bank in a check-collection debit-pull system and that of the beneficiary's bank in a wire-transfer credit-push system are discussed. The article further examines the relationship between "final payment" and the discharge of an obligation paid by means of the "funds transfer." It analyzes relevant provisions of Articles 3, 4, and 4A of the Uniform Commercial Code, sometimes against the background of general common law principles. The article proposes minor …