Law Commons^™

Twittering Away The Right Of Publicity: Personality Rights And Celebrity Impersonation On Social Networking Websites, Andrew M. Jung

Chicago-Kent Law Review

Within the past couple of years, social networking websites have become an immensely popular destination for people from all walks of life. Websites like Facebook and Twitter now count tens of millions of worldwide users, including world leaders and a number of celebrities. Eventually, users realized that social networking websites lent themselves to the quick and easy impersonation of celebrities through the creation of fake social networking accounts, often as a form of parody. One subject of such impersonation was professional baseball manager Tony La Russa, who took the then-unprecedented step of suing his impersonators and Twitter over the incident. …

A Brief History Of Energy Law In United States Law Schools: An Introduction To The Symposium, Fred Bosselman

Chicago-Kent Law Review

No abstract provided.

Defiling The Retaliation Doctrine: Kasten V. Saint-Gobain And The Anti-Retaliation Provision Of The Fair Labor Standards Act, Madeline Engel

Chicago-Kent Law Review

The anti-retaliation provision of the Fair Labor Standards Act makes it unlawful for an employer to retaliate against an employee who has "filed any complaint" under the FLSA. In Kasten v. Saint-Gobain Performance Plastics Corp., the Seventh Circuit declared its position in a growing circuit split as to whether an employee can "file" a verbal complaint of an alleged FLSA violation. Kasten answered the question in the negative, holding that verbal complaints are not protected activity under the Act. This note analyzes relevant Supreme Court precedent and the evolution of the circuit split, as well as principles of statutory …

Dependent On The Jury: Anticipation And Obviousness Of Dependent Patent Claims And Irreconcilable Jury Verdicts, Patrick Bickley

Chicago-Kent Law Review

A jury verdict finding an independent claim valid but a related dependent claim either anticipated or obvious is irreconcilable. However, the Federal Circuit has used the inconsistencies between regional circuits on the issue of jury verdicts to reach different outcomes in similar cases based solely on the region in which the patent case originated. This note advocates a modification to the Federal Circuit's rule of deference to consider irreconcilable verdicts of independent and dependent claims under its own independent analysis. A consistent approach allowing for appellate review regardless of post-verdict motions is advocated, although a more modest position of requiring …

Agriculture's Fate Under Climate Change: Economic And Environmental Imperatives For Action, John N. Moore, Van Bruggen

Chicago-Kent Law Review

Farming, ranching, and other agricultural activities are in a relatively unique position amongst all human-caused sources of global warming. Unlike fossil fueled power plants and vehicles, for example, agriculture will suffer direct economic losses from the impacts of global warming on its products, such as through reduced crop yields. Also unlike other causes of global warming, agriculture can both mitigate global warming and increase revenue through a range of different practices, such as carbon sequestration and investments in carbon-friendly renewable energy. This article explains how global warming affects agriculture, especially in the Midwest and Great Plains, and how agriculture contributes …

Privacy Implications Of Smart Meters, Cheryl Dancey Balough

Chicago-Kent Law Review

Many people worry about the erosion of privacy in our society given developments in technology, but that loss of privacy may take a quantum leap as electric "smart meters" make it possible for strangers to know on a real-time basis what is occurring in our houses and apartments. Perhaps the greatest concern is that current laws and regulations do not fully protect us from this unprecedented threat to two of our most basic rights—to be left alone in our own homes and to control personal information. Utility companies across the country are replacing conventional electric meters with smart meters designed …

Results From The Student And Faculty Technology Surveys, Debbie Ginsberg

Presentations

This Brown Bag covered the results of the Student and Faculty Technology Survey and revealed the most popular technologies, the least popular choices, and explored unexpected differences between faculty and student responses.

Social Media: Blogs, Video, And Podcasting, Emily Barney

Presentations

In this workshop, Emily Barney introduced ways to create, manage, and market your content through social media, including:

• Blogging
• Web Video
• Podcasting

Exploring Internet Browsers: Beyond The Big Blue E, Debbie Ginsberg

Presentations

Debbie Ginsberg provided an overview of popular alternative browsers including the robust Firefox, Google’s Chrome browser, and Mac’s Safari browser.

Westlawnext Status Update, Debbie Ginsberg

Presentations

This Brown Bag covered the legal community’s response to WestlawNext and the future of the Westlaw web platform

Meeting Scheduling Made Easy, Debbie Ginsberg

Presentations

Debbie Ginsberg provided an overview and demonstration of tools you can use to simplify setting up group meetings.

Social Networking Sites, Emily Barney

Presentations

This workshop provided:

• An introduction to three major sites: Facebook, LinkedIn, and Twitter
• Tips for handling etiquette, privacy, and security on each site
• Tips for professional use
• "Power User" Tools
• Marketing strategies

---

Go to article

Latest Cool Tools For Smart Phones, Kindles, And Ipads, Debbie Ginsberg

Presentations

Debbie Ginsberg highlighted some of the best new apps, including apps for accessing your computer from mobile devices and new tools for legal research on the go.

Medianotes For Grading Student Presentations, Debbie Ginsberg

Presentations

Debbie Ginsberg provided an overview of CALI's MediaNotes application, with which faculty can mark up a video in much the same way as they would a Word document.

E-Casebook Update, Debbie Ginsberg

Presentations

This Brown Bag presentation explores the results of the student e-casebook survey.

Explaining The Demise Of The Doctrine Of Equivalents, David L. Schwartz

All Faculty Scholarship

This article provides a novel theoretical model and extensive empirical evidence to explain the decline of a historically important patent law doctrine known as the “doctrine of equivalents.” In recent years, distinguished academics have studied the doctrine of equivalents. While these scholars noted that the doctrine of equivalents had decreased in its successful use and provided some grounds for the decline, none clearly explained why. As such, the cause and precise mechanism behind the so-called “demise” of the doctrine of equivalents have largely remained a mystery.

This article explains that the demise occurred because of two complementary forces discussed for …

Oral Dissenting On The Supreme Court, Christopher W. Schmidt, Carolyn Shapiro

All Faculty Scholarship

In this Article we offer the first comprehensive evaluation of oral dissenting on the Supreme Court. We examine the practice in both historical and contemporary perspective, take stock of the emerging academic literature on the subject, and suggest a new framework for analysis of oral dissenting. Specifically, we put forth several claims. Contrary to the common assumption of scholarship and media coverage, oral dissents are nothing new. Oral dissenting has a long tradition, and its history provides valuable lessons for understanding the potential and limits of oral dissents today. Furthermore, not all oral dissents are alike. Dissenting Justices may have …

Vol. 27, No. 4, Ryan Shannon

The Illinois Public Employee Relations Report

Contents:

Public Sector Furloughs: Player Perspectives, Strategies, and Grounds for Challenge, by Ryan Shannon

Recent Developments

Mind Mapping With Freemind And Mindjet's Mindmanager, Debbie Ginsberg

Presentations

Debbie Ginsberg provided an overview of ming mapping including how to create outlines, plan projects, and organize ideas with popular mind mapping tools.

Video Recording Law School Classes - Options And Issues, Debbie Ginsberg

Presentations

In this Brown Bag, Debbie Ginsberg discussed the technology used to record, upload, and share videos along with issues arising from recording classes.

Table Of Contents, Seventh Circuit Review

Seventh Circuit Review

No abstract provided.

United States V. Blagojevich: A Standard Bait And Switch, Timothy J. Letizia

Seventh Circuit Review

In United States v. Blagojevich, the Seventh Circuit addressed the issue of whether the presumption in favor of disclosure of jurors' names had been rebutted. The Seventh Circuit began its analysis by recognizing three bases by which judicial proceeding information is made available to the press and the public: (1) the First Amendment right of access, (2) the common law presumption of openness, and (3) the Jury Selection and Service Act. While each of these bases functions primarily to make information available to the press and public, each also carries its own distinct standard by which the presumption of …

Discharge Of Rcra Injunctive Claims In Bankruptcy: The Seventh Circuit's Decision In United States V. Apex Oil Co., Inc., Diana E. Rdzanek

Seventh Circuit Review

In its recent decision in United States v. Apex Oil, Inc., the Seventh Circuit considered whether an injunction under an environmental statute, even one that requires significant expenditures on the part of the debtor, could ever be a "right to payment" under the Bankruptcy Code, which would allow the claim to be discharged in the bankruptcy. The Seventh Circuit answered in the negative. Since the Supreme Court's decision in Ohio v. Kovacs, the federal circuits have disagreed on the discrete issue of when a claim arises for purposes of bankruptcy with respect to clean-up injunctions under environmental laws. …

What Does Speed Have To Do With It?: An Analysis Of The Seventh Circuit's Application Of The Speedy Trial Act, Meagan S. Winings

Seventh Circuit Review

A defendant's right to a speedy trial is ensured by the Sixth Amendment to the Constitution, as well as the Speedy Trial Act. The right was created to prevent oppressive pretrial incarceration, to minimize anxiety and concern of the accused, and to limit the possibility that the defense will be impaired. The Speedy Trial Act is to be interpreted in light of this purpose; however, the Seventh Circuit, along with the other circuits and the Supreme Court, has deviated from this principle.

The Seventh Circuit has applied the excludable days exception within the Speedy Trial Act so liberally as to …

The Gatekeepers Keep Changing The Locks: Swanson V. Citibank And The Key To Stating A Plausible Claim In The Seventh Circuit Following Twombly And Iqbal, Gregory L. Grattan

Seventh Circuit Review

In Swanson v. Citibank, the Seventh Circuit debated with new vigor how to properly interpret and apply the Supreme Court's requirement that all complaints state a plausible claim. Following the Supreme Court's decisions in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, if a complaint in any civil case does not state "a claim to relief that is plausible on its face," then it fails to meet the requirements of Federal Rule of Civil Procedure 8(a)(2) and is subject to dismissal under Federal Rule 12(b)(6). In Swanson, Judge Diane Wood advocated for a liberal interpretation of …

How Less Is More: The Unraveling Of The Inextricable Intertwinement Doctrine Under United States V. Gorman, Jaime L. Padgett

Seventh Circuit Review

In July 2010, the United States Court of Appeals for the Seventh Circuit explicitly abolished the long-standing doctrine of inextricable intertwinement as a basis of admissibility for other bad acts evidence. The court held in United States v. Gorman that the doctrine had "become overused, vague, and quite unhelpful" and as such, "has outlived its usefulness." The court eliminated this basis of admissibility in favor of the exclusive use of Federal Rule of Evidence 404(b). Although the two bases have different origins and initial purposes, by virtue of confusion and realities of the judicial system, the bases have come to …

Two-Thirds Of An Evidentiary Requirement: Are Courts Too Strict In Construing The Two-Thirds Citizenship Requirement Of The Cafa Home-State Exception?, John P. Orellana

Seventh Circuit Review

In In re: Nextel Sprint Corporation, the Seventh Circuit addressed the requirement that plaintiffs show that two-thirds of class members are citizens of the state under the CAFA home-state and local controversy exceptions in order to avoid removal to federal court. A plaintiff class, composed of Kansas residents subscribing to the defendant's cell phone service under Kansas cell phone numbers and receiving their bills at Kansas mailing addresses, sought remand to state court. Though the court found common sense intuitions implicated that the class likely satisfied the two-thirds citizenship requirement of the home-state exception, the court refused to remand …

Papa Don't Preach: Badger Catholic V. Walsh Muddies The Line Between Church And State, Nicholas K. Graves

Seventh Circuit Review

Religion's role in government activity marks a contentious area in the legal community. The First Amendment, by its own language, is ambiguous and fails to give true, clear guidance on where a line might be drawn between religion and government. Spirited debate on their coexistence is all but a constant in American society. Enter public education. The edification of American children from kindergarten through higher education has led to furious debate on when and where it is appropriate for religion to enter. In a recent case, Badger Catholic v. Walsh, the Seventh Circuit discussed religion in education in the …

Conclude To Exclude: The Exclusionary Rule's Role In Civil Forfeiture Proceedings, Daniel W. Kaminski

Seventh Circuit Review

The United States Supreme Court established the exclusionary rule in order to deter law enforcement officers from conducting illegal searches and seizures. By excluding illegally seized evidence, the Court looked to provide American citizens with a remedy to uphold their Fourth Amendment rights. Traditionally, the exclusionary rule excluded only illegally obtained evidence in criminal proceedings. In One 1958 Plymouth Sedan v. Commonwealth of Pennsylvania, however, the Court applied the exclusionary rule to civil forfeiture proceedings because the forfeiture statute was quasi-criminal in nature: like a criminal proceeding, its object was to penalize the commission of an offense.

The forfeiture …

Federal Preemption Of State-Law Failure-To-Warn Claims: Has The Presumption Against Preemption Gone Too Far?, Amanda N. Hart

Seventh Circuit Review

Prescription drug warning labels are regulated by both state products liability law and federal regulations imposed by the Food, Drug, and Cosmetic Act. Often, federal law acts as a minimum standard to which states may add stricter labeling requirements. Occasionally, however, state and federal labeling requirements place a prescription drug manufacturer in a position where compliance with state products liability law causes it to violate federal regulations and vice versa. When this occurs, a decision must be made as to whether state or federal drug labeling requirements prevail. Historically, courts have taken the position that state products liability law preempted …