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Articles 1 - 28 of 28
Full-Text Articles in Law
Table Of Contents, Seventh Circuit Review
Table Of Contents, Seventh Circuit Review
Seventh Circuit Review
No abstract provided.
Who’S Left Suspended On The Line?: The Ominous Hanging Paragraph And The Seventh Circuit’S Interpretation In In Re Wright, Simone Jones
Who’S Left Suspended On The Line?: The Ominous Hanging Paragraph And The Seventh Circuit’S Interpretation In In Re Wright, Simone Jones
Seventh Circuit Review
What happens to a 910 creditor’s claim under the BAPCPA where a Chapter 13 debtor surrenders the 910 vehicle to the creditor? Bankruptcy courts are divided—both among and within circuits—resulting in costly litigation between parties unsure of the approach to which the particular court subscribes. The Seventh Circuit, in In re Wright, became the first Court of Appeals to address this issue and concluded that where a debtor surrenders the 910 vehicle, the creditor is allowed to bifurcate its claim into a secured and unsecured portion. Specifically, if the amount of the claim exceeds the value of the surrendered …
Outer Marker Beacon: The Seventh Circuit Confirms The Contours Of Federal Question Jurisdiction In Bennett V. Southwest Airlines Co., William K. Hadler
Outer Marker Beacon: The Seventh Circuit Confirms The Contours Of Federal Question Jurisdiction In Bennett V. Southwest Airlines Co., William K. Hadler
Seventh Circuit Review
In Bennett v. Southwest Airlines Co., the Seventh Circuit was asked to rule on the contours of federal question jurisdiction. In the court’s analysis, it offered a recitation of the evolution of the boundaries of federal question jurisdiction where federal issues are embedded in state law claims. This history, especially in the Supreme Court, has been characterized by change. Much of the first 100 years of federal question jurisdiction, governed by the statutory grant of § 1331, was more broadly defined than the recent interpretation represented by the "Modern Test" announced by the Supreme Court’s 2005 decision in Grable …
Determining Whether Plaintiff Prevailed Is A "Close Question"—But Should It Be?, Nikolai G. Guerra
Determining Whether Plaintiff Prevailed Is A "Close Question"—But Should It Be?, Nikolai G. Guerra
Seventh Circuit Review
According to the “American rule,” litigants must bear their own litigation costs, including attorneys’ fees, absent statutory authorization allowing otherwise. With the emergence of fee-shifting provisions in various statutes, particularly in the area of civil rights, a court may award a prevailing party its attorneys’ fees and other costs. Deciding whether a party prevailed for purposes of a fee-shifting statute, however, requires courts to engage in an analysis of the benefit the plaintiff has received from his judgment. Recently, in Karraker v. Rent-A-Center, the Seventh Circuit held that a plaintiff class prevailed for purposes of the American with Disabilities …
Missing The Forest For The Trees: The Seventh Circuit’S Refinement Of Bloom 'S Private Gain Test For Honest Services Fraud In United States V. Thompson, Robert J. Lapointe
Missing The Forest For The Trees: The Seventh Circuit’S Refinement Of Bloom 'S Private Gain Test For Honest Services Fraud In United States V. Thompson, Robert J. Lapointe
Seventh Circuit Review
Public officials, as well as public employees, owe the public the fiduciary duty of providing their honest services. The mail fraud statute, 18 U.S.C. § 1341, proscribes using the mails to carry out “any scheme or artifice to defraud.” It further defines, in § 1346, “any scheme or artifice to defraud” to include “a scheme or artifice to deprive another of the intangible right of honest services.” In passing these statutes, Congress never defined the terms “scheme or artifice,” “intangible right” or “honest services.” Because of this failure, the appellate courts have adopted limiting principles to prevent minor breaches of …
Familia Interruptus: The Seventh Circuit’S Application Of The Substantive Due Process Right Of Familial Relations, Scott J. Richard
Familia Interruptus: The Seventh Circuit’S Application Of The Substantive Due Process Right Of Familial Relations, Scott J. Richard
Seventh Circuit Review
For almost a century, the Supreme Court has recognized the substantive due process right of individuals to be free from government intrusion into the control and management of their families. From its inception, however, the Supreme Court’s jurisprudence related to this constitutional right has been ambiguous, as its rhetoric has outstripped its application and explication of this fundamental liberty interest. The Court’s most recent decision on familial rights, Troxel v. Granville, also failed to provide lower courts with proper guidance as to how to apply and protect this due process right. In the context of this confused Supreme Court …
The Politics Of Reversal: The Seventh Circuit Reins In A District Court Judge’S Wayward Employment Discrimination Decisions, Timothy Wright
The Politics Of Reversal: The Seventh Circuit Reins In A District Court Judge’S Wayward Employment Discrimination Decisions, Timothy Wright
Seventh Circuit Review
In the span of four months, the Seventh Circuit reversed the same district court judge, Judge Samuel Der-Yeghiayan, in three separate employment discrimination opinions. In all three cases, the district court had granted the employers’ motions for summary judgment in their entirety. However, the Seventh Circuit held that the majority of these rulings were improper due to the district judge’s inattention to critical details in the record and his misplaced reliance on minor technical rulings that sidestepped the cases’ glaring issues of credibility and contested fact. This Comment reviews the common themes in the Seventh Circuit’s criticisms of the district …
No More Imports: Seventh Circuit Decision In United States V. Genendo Is An Expensive Pill For American Consumers To Swallow, Nicole L. Little
No More Imports: Seventh Circuit Decision In United States V. Genendo Is An Expensive Pill For American Consumers To Swallow, Nicole L. Little
Seventh Circuit Review
Approximately half of American consumers take at least one prescription drug a day. However, the United States has significantly higher drug prices than most other countries, and many American consumers struggle to pay for the drugs they need. A legislative response to America’s drug-pricing problem has been slow to transpire, and consumers have turned elsewhere to cut their costs. Some consumers personally import from countries abroad that sell the drugs they need at discounted prices. The drugs these consumers receive may not be of the same quality they expect from drugs bought in the United States, but they are willing …
"Based Upon" And The False Claims Act's Qui Tam Provision: Reevaluating The Seventh Circuit's Method Of Statutory Interpretation, Antonio J. Senagore
"Based Upon" And The False Claims Act's Qui Tam Provision: Reevaluating The Seventh Circuit's Method Of Statutory Interpretation, Antonio J. Senagore
Seventh Circuit Review
No one knows precisely why Congress used the phrase “based upon” in the Public Disclosure Bar of the False Claims Act, but the phrase’s meaning has confounded the circuit courts. In United States ex rel. Fowler v. Caremark Rx, LLC, the Seventh Circuit reaffirmed its narrow, minority definition of “based upon.” In its brief decision, the court skipped over a complex analysis of the Public Disclosure Bar. Yet, through that statute, Congress tried to keep opportunists from abusing the qui tam provision, which lets private citizens pursue billions of dollars lost to government fraud. After reexamining the Seventh Circuit’s …
Cracking The Door To State Recovery From Federal Thrifts, Daniel M. Attaway
Cracking The Door To State Recovery From Federal Thrifts, Daniel M. Attaway
Seventh Circuit Review
In the midst of the Great Depression, Congress created the Office of Thrift Supervision (“OTS”) to oversee and regulate the federally chartered thrift industry. Congress granted the OTS the power to create regulations to examine thrifts, ensure they were sound, and to preempt state laws affecting their operations, but not the power to provide remedies to a thrift’s customers. Over the next 70 years, the courts consistently interpreted Congress’ grant of regulatory authority as plenary—preempting almost any state law that affected, even minimally, the operation of a federal thrift. The Seventh Circuit, in In re Ocwen Loan Servicing, LLC Mortgage …
Krieg V. Seybold: The Seventh Circuit Adopts A Bright Line In Favor Of Random Drug Testing, Dana E. Lobelle
Krieg V. Seybold: The Seventh Circuit Adopts A Bright Line In Favor Of Random Drug Testing, Dana E. Lobelle
Seventh Circuit Review
In Krieg v. Seybold, Robert Krieg challenged the City of Marion, Indiana’s, policy of random drug testing as it applied to his job as a heavy-equipment operator in the Department of Streets and Sanitation. While the Fourth Amendment normally would require the City to have a reasonable suspicion that Krieg used drugs before it could require him to submit to a drug test, the Supreme Court has created a “safety” exception to this rule. This exception permits government employers to test certain safety-sensitive employees for drugs without suspicion where a characteristic of the workplace makes suspicion-based testing impractical. The …
Probationers, Parolees And Dna Collection: Is This "Justice For All"?, Jessica K. Fender
Probationers, Parolees And Dna Collection: Is This "Justice For All"?, Jessica K. Fender
Seventh Circuit Review
In 1994, the DNA Identification Act permitted the government to establish a national database (CODIS) where it could collect DNA samples from those convicted of certain violent crimes. In the last few years, DNA collection statutes have been repeatedly expanded, to the point where some now require samples upon arrest. Not surprisingly, the federal DNA collection statute has been challenged repeatedly on Fourth Amendment grounds. In the Seventh Circuit, this issue was most recently addressed in United States v. Hook, a case in which a white-collar criminal on supervised release challenged the federal DNA collection statute. The court held …
Ij Bias: The Contamination Theory, Michael Yeong Joon Ko
Ij Bias: The Contamination Theory, Michael Yeong Joon Ko
Seventh Circuit Review
In the case of Apouviepseakoda v. Gonzales, the majority and the dissent of the Seventh Circuit heavily criticized the immigration judge’s behavior during the removal hearing. Yet, the majority seemed to go out of its way to affirm denial of asylum. The majority held that, although the IJ’s behavior during the asylum hearing was inappropriate, it did not amount to reversible error. The majority would reverse only if the IJ’s behavior were so inappropriate that it frazzled the asylum applicant or barred large portions of the applicant’s testimony. What this decision does not account for is the fact that …
The Seventh Circuit’S Approach To Deterring The Trademark Troll: Say Goodbye To Your Registration And Pay The Costs Of Litigation, Anna B. Folgers
The Seventh Circuit’S Approach To Deterring The Trademark Troll: Say Goodbye To Your Registration And Pay The Costs Of Litigation, Anna B. Folgers
Seventh Circuit Review
It is axiomatic that trademark rights are acquired through commercial use and not registration. This requirement, however, has failed to deter the trademark troll, who adopts, registers and warehouses a mark without the intent to use of the trademark himself, but to use his trademark registration to extort licensing fees out of innocent parties who make rightful use of the mark. This practice runs contrary to the statutory mandate of the Lanham Act and the policies that trademark law was designed to serve. Recently, the Seventh Circuit had the opportunity to rule on this issue when one such trademark entrepreneur …
Table Of Contents, Seventh Circuit Review
Table Of Contents, Seventh Circuit Review
Seventh Circuit Review
No abstract provided.
Relaxing The Noose Around Tying Arrangements: Reifert V. South Central Wisconsin Mls Corp. Exposes Problems With The Per Se Analysis, Paul C. Mallon Jr.
Relaxing The Noose Around Tying Arrangements: Reifert V. South Central Wisconsin Mls Corp. Exposes Problems With The Per Se Analysis, Paul C. Mallon Jr.
Seventh Circuit Review
The U.S. Supreme Court has employed the per se standard for illegality of tying arrangements under antitrust laws for some sixty years. The tying arrangement, once reviled by the House of Representatives as "one of the greatest agencies and instrumentalities of monopoly ever devised by man," is now understood by many to have potentially redeeming, as well as condemning, qualities. As a result, scholars and judges alike have decried the per se standard as ineffective and called for its abandonment. However, the Supreme Court continues to endorse the per se standard when assessing tying arrangements. The Seventh Circuit, like other …
Preface, Julia R. Lissner
Class(Less) Action Reform, Eric Y. Choi
Class(Less) Action Reform, Eric Y. Choi
Seventh Circuit Review
The Seventh Circuit harbors a known distrust for class actions, particularly those adjudicated on the state level. One of the court's concerns involves class action plaintiffs that initially limit the value of their damages in order to avoid less-lenient federal courts, but later attempt to amend their complaint for greater damages after the defendant's opportunity to remove has foreclosed. In response to these and other concerns, Congress passed the Class Action Fairness Act, which greatly reduces plaintiffs' ability to keep class actions on the state level. Nevertheless, the Seventh Circuit continues to unnecessarily federalize class actions. Recently, in Oshana v. …
I Accept The Terms In This Agreement: Market Efficiency In Clickwrap Agreements And Open Source Software, Patrick J. Mondi
I Accept The Terms In This Agreement: Market Efficiency In Clickwrap Agreements And Open Source Software, Patrick J. Mondi
Seventh Circuit Review
Judge Easterbrook of the U.S. Court of Appeals for the Seventh Circuit has become an unlikely force in software licensing issues. His application of law and economics has benefited consumers and promulgated software innovation. In upholding clickwrap licensing agreements within the context of copyright law, the floodgates were opened for sister circuits to do the same. Judge Easterbrook later applied this reasoning and further advanced his policies in a case about an "in the box" warranty of a computer purchase. Through this jurisprudence, open source software has flourished and thrived, largely through clickwrap agreements. The benefits to consumers and to …
Objectively Unreasonable: The Seventh Circuit Limits Criminal Defendants’ Rights Under The Confrontation Clause, Gabriela M. Reyes-Noyola
Objectively Unreasonable: The Seventh Circuit Limits Criminal Defendants’ Rights Under The Confrontation Clause, Gabriela M. Reyes-Noyola
Seventh Circuit Review
In 2004, the Supreme Court of the United States changed the legal landscape when it decided United States v. Crawford. The Court declared that a prior testimonial statement made by a declarant who does not testify at trial may only be admitted against a criminal defendant if both the declarant is unavailable to testify and the defendant had a prior opportunity to cross-examine him or her. Over time, courts have made clear that if a statement is testimonial in nature it is subject to the constraints of the Sixth Amendment's Confrontation Clause. However, despite these holdings, courts and scholars …
Loose Change: The Seventh Circuit Misses An Opportunity To Clarify Money Laundering Law In United States V. Haddad, Daniel L. Snedigar
Loose Change: The Seventh Circuit Misses An Opportunity To Clarify Money Laundering Law In United States V. Haddad, Daniel L. Snedigar
Seventh Circuit Review
In United States v. Haddad, a case of first impression for the Seventh Circuit, the court held that commingling of funds cannot serve to circumvent the transaction value limits imposed by 18 U.S.C. § 1957, one of the two primary federal money laundering statutes. The key component of any § 1957 violation is that the monetary transaction upon which the charge is based must be in an amount greater than $10,000 of illegally obtained funds. In cases where the accused money launderer has combined "clean" money with "dirty" money, it becomes difficult to determine whether the transaction in question …
Reviving The Poll Tax: The Seventh Circuit Upholds Photo Id Requirements At The Polls, Matthew W. Mcquiston
Reviving The Poll Tax: The Seventh Circuit Upholds Photo Id Requirements At The Polls, Matthew W. Mcquiston
Seventh Circuit Review
In 2005, Indiana passed a law requiring voters to present a government-issued photo ID to vote. To most, this seems like a minor burden. Yet, for many poor Indiana residents who cannot afford the expense of obtaining an ID, voting is now a near impossibility. This Comment will demonstrate that the Seventh Circuit incorrectly upheld the Indiana photo ID requirement, eroding voting rights. By affirming the Indiana photo ID requirement, the Seventh Circuit has encouraged state legislatures to enact subtle discriminatory measures to exclude those who vote against them from the political process.
Speak No Evil? Government Employee Speech Rights In The Seventh Circuit In Light Of Garcetti V. Ceballos, Tracy F. Mendonides
Speak No Evil? Government Employee Speech Rights In The Seventh Circuit In Light Of Garcetti V. Ceballos, Tracy F. Mendonides
Seventh Circuit Review
The U.S. Supreme Court recently held in Garcetti v. Ceballos that government employees are not protected by the First Amendment for statements made pursuant to their employment duties. The Seventh Circuit applied that holding in Mills v. City of Evansville and suggested that a government employee enjoys no protection for any speech relating to that employee's job responsibilities. This Comment argues that the three-judge panel in Mills erred by failing to consider the analytical guidelines articulated by the Supreme Court and created a rule that is contrary to Supreme Court precedent.
Domestic Violence Harms The Child! The Seventh Circuit Puts Children First In International Custody Disputes, Jennifer S. Tier
Domestic Violence Harms The Child! The Seventh Circuit Puts Children First In International Custody Disputes, Jennifer S. Tier
Seventh Circuit Review
What happens when a United States citizen parent takes her child from a foreign country, where they have been living, to the United States in order to escape domestic violence? Traditionally, under the Hague Convention, American courts would implement the "remedy of return," thereby returning the child to the foreign country, where the abuser resides. While the Hague Convention provides a defense to this remedy if there is a "grave risk of harm" to the child, some circuit courts have declined to extend this defense to cases of domestic violence or have nevertheless implemented the remedy of return. The Seventh …
Mayer V. Monroe: The Seventh Circuit Sheds Freedom Of Speech At The Classroom Door, Justin Nemunaitis
Mayer V. Monroe: The Seventh Circuit Sheds Freedom Of Speech At The Classroom Door, Justin Nemunaitis
Seventh Circuit Review
During a curriculum-specified class discussion of the war in Iraq, a sixth grader asked her teacher, Ms. Mayer, if she would ever march to protest the war. The school dismissed the teacher for answering the student. In Mayer v. Monroe County Community School Corp., the Seventh Circuit ruled that no teacher has the First Amendment right to express an opinion in the classroom. The case inappropriately applied the U.S. Supreme Court's recent Garcetti v. Ceballos decision in a way that overruled previous precedent. This Note will argue that the Seventh Circuit should have followed its earlier decisions by asking …
Gaming The System: The Seventh Circuit Prefers Its Video Games Violent, Not Sexy, Michael J. Aschenbrener
Gaming The System: The Seventh Circuit Prefers Its Video Games Violent, Not Sexy, Michael J. Aschenbrener
Seventh Circuit Review
The U.S. Supreme Court holds that obscenity warrants no First Amendment protection whereas violent speech garners complete constitutional protection. In Entertainment Software Association v. Blagojevich, et al., the Seventh Circuit struck down two statutes regulating the sale of sexually explicit and violent video games to minors for violating the First Amendment. While the Seventh Circuit correctly applied Supreme Court precedent, it strained to find any logic to support holding the two categories of speech to different levels of protection. Accordingly, this Note will argue that the Supreme Court should grant full First Amendment protection to obscenity. It will also …
Licensee Beware: The Seventh Circuit Holds That A Patent License By Any Other Name Is Not The Same, Cameron R. Sneddon
Licensee Beware: The Seventh Circuit Holds That A Patent License By Any Other Name Is Not The Same, Cameron R. Sneddon
Seventh Circuit Review
In a case of first impression, the Seventh Circuit incorrectly held that a settlement agreement for patent infringement may never be considered a license. In Waterloo Furniture Components Ltd. v. Haworth, Inc., the court mischaracterizes the nature of license agreements and their relationship to the rights of patent holders. It does so by drawing a potential false dichotomy between settlements and licensing agreements. In this holding, the court misunderstands the purpose of a license agreement, its legal effects, and its dual prospective and retrospective qualities as recognized by the Federal Circuit and other appellate courts.
How Much Is Common Sense Worth? What You Paid Is What It’S Worth, Except When It Comes To Debt-Equity Swaps, Elisabeth S. Shellan
How Much Is Common Sense Worth? What You Paid Is What It’S Worth, Except When It Comes To Debt-Equity Swaps, Elisabeth S. Shellan
Seventh Circuit Review
How much is common sense worth? What you paid is what it's worth, except when it comes to debt-equity swaps in the Seventh Circuit. How much something is worth is very important to taxpayers because it plays a role in determining taxpayers' tax bills. Most people would think that when two people exchange property, both properties must be equal in value. Otherwise, why would the two people have made the trade? Recently, the Seventh Circuit Court of Appeals, in Kohler Company v. United States, advocated for a different approach. The Kohler case involved the taxation of a debt-equity swap: …