Law Commons^™

Institutionalization, Investment Adviser Regulation, And The Hedge Fund Problem, Anita Krug

All Faculty Scholarship

This Article contends that more effective regulation of investment advisers could be achieved by recognizing that the growth of hedge funds, private equity funds, and other private funds in recent decades is a manifestation of institutionalization in the investment advisory context. That is, investment advisers today commonly advise these “institutions,” which have supplanted other, smaller investors as advisory clients. However, the federal securities statute governing investment advisers, the Investment Advisers Act of 1940, does not address the role of private funds as institutions that now intermediate those smaller investors’ relationships to investment advisers. Consistent with that failure, investment adviser regulation …

Malpractice In Scandinavia, Vibe Ulfbeck, Mette Hartlev, Mårten Schultz

Chicago-Kent Law Review

The article describes the special Scandinavian patient insurance system which secures compensation for patients in malpractice cases. For all practical purposes, the insurance based systems have replaced ordinary tort law rules in malpractice cases in Scandinavia. Thus, the basic feature of these systems is that proof of fault is not a requirement for obtaining compensation. Other criteria which are more favourable to the patient are applicable. The article concludes that in general the compensations systems have been successful in making it easier for the patients to obtain compensation. However, the systems also face challenges, some of which stem from the …

Public Corruption Concerns And Counter-Majoritarian Democracy Definition In Citizens United V. Federal Election Commission, Daaron Kimmel

Chicago-Kent Law Review

In determining the shape of the free speech rights and anti-corruption concerns that courts must balance in campaign finance cases, judges are influenced by their own underlying understandings of what an ideal democracy should look like. For judges to decide whether the government is appropriately regulating the political process, the rules that allow all citizens to interact with and shape their democracy, judges must first decide what that democracy ought to look like. This affords judges a great deal of discretion in campaign finance cases. Citizens United v. Federal Election Commission is a particularly bold judicial attempt to reshape the …

Table Of Contents - Issue 1, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

A Bridge Over Troubled Waters: The Development Of Medical Malpractice Litigation In Brazil, Eduardo Dantas

Chicago-Kent Law Review

This paper aims to demonstrate how medical malpractice litigation is developing in Brazil, and how the Brazilian legal system is dealing with the increase of demands against health care professionals. A brief overlook on the legal structure is provided, highlighting the most important issues being discussed today in Brazilian courts, regarding autonomy, consent, choice, the definition of moral damages, and the influence of the Consumer's Defense Code in litigation regarding health law.

Yangge Dance: The Rhythm Of Liability For Medical Malpractice In The People's Republic Of China, Zhu Wang, Ken Oliphant

Chicago-Kent Law Review

This paper summarises the development of liability for medical malpractice in the People's Republic of China, beginning with the establishment of a formal system of administrative liability in 1987, its refinement in 2002, and the broadly contemporaneous judicial recognition of a concurrent tortious liability under general civil law. All these developments may be said to have furthered the interests of patients. The incorporation of liability for medical malpractice into the Tort Liability Law of 2009, however, arguably marks a step backwards, subordinating the interests of patients in favor of the interests of the medical community, and further reforms in the …

Medical Malpractice: The Italian Experience, Claudia Dimarzo

Chicago-Kent Law Review

Beginning with an investigation into the problematic nature of medical liability, the Article overviews the most significant approaches taken by courts and scholars in order to establish whether the physician's position before the patient is comparable with that of either a tortfeasor or a contractor.

Having explained that the most recent approaches in this regard tend toward the recognition of the contractual nature of medical liability, the Author discusses the implications of such a solution, making specific reference to the following issues: 1) the assignment of the burden of proof (along with the distinction between obligations of means and obligations …

The Law Of Medical Misadventure In Japan, Robert B. Leflar

Chicago-Kent Law Review

This paper offers a comprehensive overview of Japanese law and practice relating to iatrogenic (medically-caused) injury, with comparisons to other nations' medical law systems. The paper addresses criminal sanctions for Japanese physicians' negligent and illegal acts; civil law principles of substantive law and related issues of procedure, practice, and liability insurance; and administrative measures including health ministry programs aimed at expanding and improving the quality of peer review within Japanese medicine, and a recently implemented no-fault compensation system for birth-related injuries.

Among the paper's findings are these. Criminal and civil actions increased rapidly after highly publicized medical error events at …

Medical Malpractice And Compensation In The Uk, Richard Goldberg

Chicago-Kent Law Review

In the first part of this paper, Dr. Goldberg examines the context in which medical malpractice liability is operating in the UK. The fact that the state-run National Health Service (NHS) is the major healthcare provider in the UK has several implications, since funding for medical malpractice compensation in the NHS comes from the taxpayer. The most recent empirical evidence on the incidence and funding of claims in England and Scotland is assessed, to show a trend of expenditure on clinical negligence increasing, particularly in England. This is followed by an examination of the statutory framework for the empowerment of …

Defined (Yet Uncertain) Benefit Pension Plans In America, Travis Bayer

Chicago-Kent Law Review

Despite playing a central role in many public and private employees' retirements, defined benefit pension plans are woefully underfunded. Moreover, the combination of a Baby Boomer retirement bulge and a struggling economy are putting even more pressure on defined benefit plans. This Note examines relevant background information regarding defined benefit pension plans and demographic data of the Baby Boomer generation. This Note then explores how and to what extent states and private employers have created contractual obligations through defined benefit plans and addresses what happens when those contractual obligations are breached. Finally, this Note suggests that litigation cannot provide a …

Worthy Of Their Name? Addressing Aquatic Nuisance Species With Common Law Public Nuisance Claims, Christopher Grubb

Chicago-Kent Law Review

Aquatic invasive species like the Asian carp and zebra mussel have caused grave ecological and economic harm across the United States, and frequently harm rights common to the public such as boating, fishing, and bathing. Yet, Congress' efforts to address the problem through legislation have been piecemeal and unsuccessful. Historically, the common law of public nuisance served as an important tool to remedy transboundary pollution. More recently, courts have established that such public nuisance claims will be displaced where Congress has comprehensively regulated in a field. This Note explores whether public nuisance claims involving aquatic invasive species should be displaced …

An Industry Missing Minorities: The Disparate Impact Of The Securities And Exchange Commission's Fingerprinting Rule, Kelly Noonan

Chicago-Kent Law Review

The Equal Employment Opportunity Commission ("EEOC") recently asserted that the use of criminal background checks as an employment screening tool may have a disparate impact on African Americans and Hispanics, in violation of Title VII of the Civil Rights Act of 1964. The EEOC and some private claimants have even filed lawsuits against employers claiming disparate impact violations based on statistics that show African Americans and Hispanics are considerably more likely to have criminal records than other racial groups. Yet, certain federal regulatory agencies require participants in their industries to subject employees to criminal background checks as a condition of …

Medical Malpractice And Compensation In Global Perspective: How Does The U.S. Do It?, David A. Hyman, Charles Silver

Chicago-Kent Law Review

This article describes the problem of health care error in the United States of America and the various regulatory, liability, and compensation systems that deal with medical mistakes. In terms of frequency, direct costs, and aggregate social costs, the problem of medical errors is staggering. Millions of patients are killed or injured every year. A large percentage of adverse events could be avoided by the use of reasonable care. Regulators have not dealt with these problems effectively. Regulators specifically appointed to police the medical profession are often lax, whether because of capture, or from a sense of "there but for …

Updating & Supplementing Casebooks Online, Debbie Ginsberg, Fred Bosselman

Presentations

In this Brown Bag, Emily Barney and Debbie Ginsberg demonstrated a new online tool: the casebook supplement website. Energy law changes rapidly, so Professor Bosselman needed a way to update his Energy, Economics and the Environment casebook on line with the latest legal developments. His publisher did not offer tools for updating casebooks. To assist Professor Bosselman, Emily Barney and the Library Technology Group developed a customized weblog to keep his materials current. The casebook supplement site can be used by any faculty who wish to update or supplement a casebook online. In this Brown Bag, Professor Bosselman demonstrated how …

Compassion And Coalitions: A Review Of Reshaping The Work Family Debate: Why Men And Class Matter By Joan Williams, Carolyn Shapiro

All Faculty Scholarship

Reshaping the Work-Family Debate: Why Men and Class Matter by Joan Williams is illuminating, intellectually challenging, and insightful. It is not, however, a typical law professor book. Neither academic inquiry nor policy analysis (although it contains elements of both), Reshaping the Work-Family Debate is more of a manifesto. Williams seeks measurable and meaningful change in the family and work lives of Americans, even if that change is imperfect or incomplete, and she sees theoretical or ideological rigidity as one obstacle to such change.

Williams believes that coalition-building is essential to addressing the work family challenges she identifies. Although she has …

Getting Started With Research Surveys, Debbie Ginsberg, Christopher Buccafusco

Presentations

Are you planning a research survey but aren’t sure where to begin? In this Brown Bag, Debbie Ginsberg discussed setting up and distributing research surveys, and demonstrated survey creation using Qualtrics, a powerful research survey tool. Special guest Professor Buccafusco shared best practices for setting up and distributing research surveys. (With special guest Professor Christopher Buccafusco.)

Mobile Technology Update, Debbie Ginsberg

Presentations

In this Brown Bag, the latest updates in mobile technologies are discussed, particularly the iPhone 4S and the new Amazon Kindles. The iPhone 4S includes a full-featured voice controlled system called SIRI which will allow users to create reminders based on their location (e.g. "remind me to call Prof. Smith when I get to my office."). The newest Kindles are surprisingly affordable: the basic version is $79, while the top-of-the-line tablet is $199. What implications will these new technologies have on teaching and scholarship, and is now the best time to upgrade?

Google Intermediary Tools, Emily Barney

Presentations

This workshop covered security and privacy settings available in a personal Google Account and introduced three additional tools:

• Picasa: Photo organizing and sharing options, online or on your computer Google Voice: voicemail & texting through Gmail, scheduled call forwarding, block lists
• Google Maps: smarter tools for finding directions, advanced map views, custom maps (private or public)

Google Tools For Beginners, Emily Barney

Presentations

This workshop covered three basic Google tools: Gmail, Google Calendar, and Google Docs.

Topics discussed include:

• What you get with a personal Google Account
• What you get with IIT’s Google Apps for Staff
• Built-in organization and collaboration tools

Vol. 28, No. 4, James J. Powers

The Illinois Public Employee Relations Report

Contents:

A New Look At "Supervisors": Is Illinois Following the National Trend?, by James J. Powers

Recent Developments

Announcement

10 Tools In 30 Minutes, Debbie Ginsberg

Presentations

In this workshop, Debbie Ginsberg demonstrated 10 of her favorite tools, including a new tool to extract comments from Word, a service to save web articles to read later on your computer or your iPad, and a great add-on for organizing your Outlook inbox.

A Call To Social Media, Debbie Ginsberg

Presentations

Presentation for Chicago Association of Law Libraries, 2011

Games And Fun In The Classroom, Debbie Ginsberg

Presentations

Games and short videos can be used not just to entertain, but emphasize important points and topics as well as break up the classroom routine. Debbie Ginsberg demonstrated several ways to make quick, easy-to-play games and tools to create your own short cartoon videos.

Table Of Contents, Seventh Circuit Review

Seventh Circuit Review

No abstract provided.

Big Boy Rules, Or How I Learned To Stop Worrying And Love "Special Factors", John Auchter

Seventh Circuit Review

For more than two decades, the American way of war has been changing. The American military is relying more and more on independent contractors to complete its missions both domestically and abroad. The most dramatic, and public, use of contractors has been in the current wars in Iraq and Afghanistan.

In Vance v. Rumsfeld, the Seventh Circuit allowed a Bivens claim brought by two military contractors to proceed against Secretary of Defense Donald Rumsfeld. Although the initial opinion was vacated and the case will be reheard en banc, it is unclear which of the opposing conclusions reached by the …

Dysfunction Junction: Should The Courts Rethink The Functional Approach To Legislative Immunity For State Officials?, Matthew D. Savin

Seventh Circuit Review

A state legislative immunity doctrine that affords greater protection from civil liability than the federal common law doctrine clearly interferes with federal law. At first glance, a state's decision to afford less protection than offered under federal law might not appear to interfere with the federal interest in administering federal law, but Supreme Court precedent and public policy considerations still prohibit the abrogation of federal legislative immunity as it pertains to state officials.

The potential conflict between state and federal legislative immunity was addressed in Empress Casino Corp. v. Blagojevich, where the Seventh Circuit discussed whether former Gov. Rod …

New Civil Liability For Corporations: The Seventh Circuit Takes A Stand On The Alien Tort Statute, Xiomara C. Angulo

Seventh Circuit Review

Many Americans may be surprised to learn that because of the Alien Tort Statute (ATS), federal courts are open to foreign plaintiffs who may bring claims against non-immune public officials for violations of international law. Recent litigation in the field has hit a speed bump, however, and the multi-million dollar question is whether the ATS covers corporations. The circuit courts of appeals are split on the issue. The Seventh Circuit ruled in Flomo v. Firestone National Rubber Co. that the ATS does apply to corporations that commit violations of international law. In reaching this conclusion, the Seventh Circuit rejected the …

Resources For Legal Drafting, Clare Gaynor Willis

Presentations

Class lecture in formbooks.

What's New In The Classroom, Debbie Ginsberg

Presentations

We held several classroom technology sessions throughout the fall semester.

We’Re All In This Together: Achieving Success Through Collaboration With Non-Library Staff, Debbie Ginsberg

Presentations

Presentation from the American Association of Law Libraries 104th Annual Meeting and Conference, ALL-SIS Program.

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