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Table Of Contents, Seventh Circuit Review

Seventh Circuit Review

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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 …

Table Of Contents, Seventh Circuit Review

Seventh Circuit Review

No abstract provided.

Preface, Tanya K. Solis

Seventh Circuit Review

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Rule 44.1, Bodum Usa V. La Cafetiere, And The Challenge Of Determining Foreign Law, Philip D. Stacey

Seventh Circuit Review

More than ever, domestic courts are asked to resolve international disputes, often requiring domestic courts to analyze and apply foreign law. Federal Rule of Civil Procedure 44.1 sets the basic parameters for raising and determining foreign law issues in federal courts. In Bodum USA, Inc. v. La Cafetiere, Inc., the Seventh Circuit debated the propriety of relying on foreign law experts to aid the court in determining foreign law, even though Rule 44.1 specifically authorizes that practice. Two of the appellate judges argued that published materials such as treatises and foreign law translations were more reliable than expert testimony. …

Stuck In A Moment (Of Silence): The Seventh Circuit's Misapplication Of The Void For Vagueness Doctrine To The Illinois Silent Reflection And Student Prayer Act, Mary Ellen Vales

Seventh Circuit Review

In Sherman ex rel. Sherman v. Koch, the Seventh Circuit upheld the constitutionality of the Illinois Silent Reflection and Student Prayer Act, a statute that mandates a daily "brief period of silence" for reflection and prayer in Illinois public schools. Though the statute fails to define the meaning of a "brief period" and provides no mechanism for enforcement, the court found that the statute possessed sufficient certainty to pass constitutional muster. The void for vagueness doctrine states that a statute with vague language is unconstitutional under the Due Process Clause of the Fourteenth Amendment. While it is generally accepted …

No Shoes, No Service? Why Cybersquatting Has Outgrown The International Shoe Framework For Personal Jurisdiction, And The Need For Legislative Reform, Gregg M. Barbakoff

Seventh Circuit Review

For more than a decade, the federal judiciary has struggled to reconcile the conflict between the territorial restrictions of International Shoe's framework for personal jurisdiction and cybersquatting claims filed pursuant to the Anticybersquatting Consumer Protection Act (ACPA). The International Shoe framework conditions the exercise of personal jurisdiction on a geographic nexus between a nonresident defendant and the forum state. Logically, this rubric is at odds with cybersquatting--a form of trademark infringement entirely within the virtual confines of the Internet.

In uBID, Inc. v. GoDaddy Group, Inc., the Seventh Circuit upheld personal jurisdiction over a nonresident corporation accused of …

That's Not My Bag, Baby: The Seventh Circuit Tackles Fourth Amendment Standing In United States V. Carlisle, Mariana Karampelas

Seventh Circuit Review

In its recent decision in United States v. Carlisle, the Seventh Circuit made clear that challenging the constitutionality of a search is no easy task. Although the Fourth Amendment protects individuals from unreasonable government intrusion, defendants seeking to suppress evidence must first prove a reasonable expectation of privacy. This Note will use Carlisle as a basis of exploring the law of Fourth Amendment standing. This Note will argue that the Seventh Circuit applied a flawed test in evaluating a defendant's subjective expectation of privacy, but nevertheless arrived at a result supported by existing precedent. Finally, this Note will examine …