Law Commons^™

Scrutinizing The Seventh Circuit: How The Court Failed To Address The "Levels Of Scrutiny" Quagmire In United States V. Skoien, Kyle J. Pozan

Seventh Circuit Review

In Footnote 4 of United States v. Carolene Products, frequently referred to as the most famous footnote in constitutional law, the Supreme Court advanced the idea that a narrower standard of review, one that calls for a "more searching judicial inquiry," should operate against the presumption of constitutionality for legislation that is aimed at a discrete and insular minority, or legislation that infringes on a fundamental right. In the landmark decision of McDonald v. City of Chicago, the Supreme Court held that the Second Amendment right to keep and bear arms for self-defense is a fundamental right that …

What's New In Windows 7, Debbie Ginsberg

Presentations

In this Brown Bag, Debbie Ginsberg gives a tour of some of the new tools available in Windows, Outlook, Word, and Excel.

A Definite Claim On Claim Indefiniteness: An Empirical Study Of Definiteness Cases Of The Past Decade With A Focus On The Federal Circuit And The Insolubly Ambiguous Standard, Christa J. Laser

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Physicality And The Information Age: A Normative Perspective On The Patent Eligibility Of Non-Physical Methods, Ben Mceniery

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Extending Tort Liability To Creators Of Fake Profiles On Social Networking Websites, Bradley Kay

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Asian Initiatives On Bayh-Dole, With Special Reference To India: How Do We Make It More "Asian?", Tina K. Stephen

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Hope Or Nope --Is "Obama Hope" Protected By Idea/Expression Dichotomy, Fair Use Doctrine, & First Amendment?, Hiro Senda

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Office 2007, Emily Barney, Heather Banks

Presentations

This workshop provided links and introductory tips for Office 2007.

Digital Photography, Emily Barney

Presentations

This workshop covered:

• Choosing a camera
• Camera settings
• Improving your photos
• Photo editors
• Printing photos
• Organizing & sharing photos online

Vol. 27, No. 3, Librado Arreola

The Illinois Public Employee Relations Report

Contents:

The Fate of Arbitration Agreements after 14 Penn Plaza LLC v. Pyett, by Librado Arreola

Recent Developments

2020 Foresight: Technology In Legal Education After The Reboot, Debbie Ginsberg, Emily Barney, Sejal Vaishnev

Presentations

Presentation from the American Association of Law Libraries 103rd Annual Meeting and Conference.

In 1990, not many people understood the impact that the Internet, email, and PowerPoint would have on our law schools by 2000. In 2000, who knew that in 2010 law schools would need to create Facebook pages, LinkedIn groups, and Twitter feeds? In this panel, Debbie Ginsberg, Emily Barney, and Sejal Vaishnev discuss three visions of law school technology in 2020: in the classroom, on the web, and in our technology administration centers. What technologies are likely to become vital tools and which will disappear? More importantly, …

Law Students Of The Future, Ignite Session, Debbie Ginsberg

Presentations

Presentation from the American Association of Law Libraries 103rd Annual Meeting and Conference.

Table Of Contents - Issue 3, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

The Times They Are Not A-Changin': Reforming The Charitable Split-Interest Rules (Again), Wendy C. Gerzog

Chicago-Kent Law Review

This article will review the history of the tax treatment of charitable split interest gifts, explain the inequities that Congress both cured and generated in its 1969 reforms, and propose solutions that are consistent with the goals of the 1969 legislation. The article discusses variations in the 1969 definition of a charitable split interest, which, because of the enacted statutory language, applies in instances where there is no abuse potential. The inequity produced by that definition penalizes the donor and flouts the rationale behind the 1969 legislation. By contrast, the creation of some required statutory forms of charitable split interests …

The Problems With Donor Intent: Interpretation, Enforcement, And Doing The Right Thing, Susan N. Gary

Chicago-Kent Law Review

In a number of recent controversies, the way the charities involved handled restricted gifts resulted in unhappy donors, negative publicity, and costly litigation. This paper examines several of these cases and then argues that donor intent is often more difficult to divine that many people have stated.

The law requires that a charity give effect to a restriction imposed by a donor. This paper examines the legal rules that govern donor-restricted gifts and considers the other reasons a charity will, in most cases, follow the donor's intent. The paper then describes several circumstances in which donor intent may not be …

Discrimination Outside Of The Office: Where To Draw The Walls Of The Workplace For A "Hostile Work Environment" Claim Under Title Vii, Douglas R. Garmager

Chicago-Kent Law Review

Title VII of the Civil Rights Act of 1964 makes it "an unlawful employment practice for an employer . . . to discriminate against any individual" on the basis of sex. Accordingly, in Meritor Savings Bank, FSB v. Vinson, the Supreme Court recognized that sex discrimination in employment can give rise to a hostile work environment claim under Title VII. The scope of a hostile work environment claim has not been interpreted uniformly by the lower courts, however, as a circuit split exists today over whether conduct occurring outside the workplace is relevant to a hostile work environment claim. …

Securing Global Trademark Exceptions: Why The United States Should Negotiate Mandatory Exceptions Into Future International Bilateral Agreements, Brian S. Kaunelis

Chicago-Kent Law Review

In December 2007, the European Union and the CARIFORUM States concluded a bilateral economic partnership agreement that included a mandatory fair use exception to trademark owners' rights. The EC-CARIFORUM Agreement is the first agreement that mandates the inclusion of Article 17 of the World Trade Organization's Agreement on Trade-Related Intellectual Property Rights and requires an exception to trademark rights. The push to balance international trademark owners' rights has begun, and this Note will detail why the United States should follow the European Union's lead and negotiate mandatory trademark exceptions into future bilateral agreements.

Human Trafficking For Sexual Exploitation At World Sporting Events, Victoria Hayes

Chicago-Kent Law Review

Many members of the international community fear that world sporting events, such as the Olympics and the World Cup, create surges in human trafficking for sexual exploitation, causing women and girls to be exploited for commercial sex while the rest of the world celebrates athleticism and sport. These fears have sparked heated debate about the measures hosting countries should take to prevent human trafficking at these events and the role prostitution policies play in combating human trafficking. In the lead-up to the 2010 Olympics in Canada and the 2010 World Cup in South Africa, politicians in both countries proposed legalizing …

Closing The Gap Legislatively: Consequences Of The Lilly Ledbetter Fair Pay Act, Carolyn E. Sorock

Chicago-Kent Law Review

With the Lilly Ledbetter Fair Pay Act of 2009, Congress both reversed the result of the widely criticized Ledbetter Supreme Court case and expanded the statute of limitations for all employment discrimination claims relating to compensation. Under the Act, a compensation-based employment discrimination claim's statute of limitations period of three hundred days begins to run whenever an employee is "affected" by a discriminatory practice. The language of the Act is far-reaching, but just five months after the Act was signed into law, the Supreme Court stepped in again to narrow the Act's application to pension benefits in AT&T Corp. v. …

What Leona Helmsley Can Teach Us About The Charitable Deduction, Ray D. Madoff

Chicago-Kent Law Review

Leona Helmsley named a number of beneficiaries under her will (both human and canine), but among the unnamed beneficiaries are scholars interested in studying the role of philanthropy in the United States. By directing that an estimated $8 billion be used for the benefit of dogs, Mrs. Helmsley brought in to high relief policy issues regarding the appropriateness of the unlimited charitable deduction. I argue that these concerns are equally applicable, albeit less obvious, when it comes to more traditional charitable bequests. In this paper I will discuss the appropriateness of the unlimited estate tax deduction (particularly in light of …

Should Charitable Trust Enforcement Rights Be Assignable?, Joshua C. Tate

Chicago-Kent Law Review

In recent years, scholars have given much attention to the problem of charitable trust enforcement. Departing from the common law, section 405(c) of the Uniform Trust Code provides that "[t]he settlor of a charitable trust, among others, may maintain a proceeding to enforce the trust." Joshua Tate's paper will address the question of whether, and to what extent, a settlor's right to enforce a charitable trust should be assignable to third parties. Should the law permit the settlor of a charitable trust to assign her enforcement rights after the creation of the trust, or should assignments be recognized only if …

The Taxation Of Cause-Related Marketing, Terri Lynn Helge

Chicago-Kent Law Review

With the economy in turmoil, charitable organizations are looking to nontraditional sources of financing to supplement contributions and fee-based revenues. One potentially lucrative source of revenue stems from cause-related marketing. Cause-related marketing is the public association of a for-profit company with a charitable organization to promote the company's product or service in order to raise money for the charitable organization. Introduced almost twenty-five years ago, cause-related marketing has now become a $1 billion a year industry. Cause-related marketing has evolved beyond mere use of a charitable organization's name to an apparent union for the purpose of promoting products that carry …

"Willful Patent Filing": A Criminal Procedure Protecting Traditional Knowledge, Vincent M. Smoczynski

Chicago-Kent Law Review

This article explores the interaction between current intellectual property regimes and traditional knowledge and concludes that national laws currently in place inadequately protect traditional knowledge holders. When property rights are granted on traditional knowledge, the effects can extend not only to the indigenous communities, but to the surrounding ecosystems and the global market. Commercialization and increased demand leads to shortages in natural resources and increased prices. Therefore, in order to ensure that patent applicants are deterred from acquiring property rights in traditional knowledge, as well that traditional knowledge holders receive proper benefits for their labor and knowledge, this article advocates …

The Inviolate Home: Housing Exceptionalism In The Fourth Amendment, Stephanie M. Stern

All Faculty Scholarship

The ideal of the inviolate home dominates the Fourth Amendment. The case law accords stricter protection to residential search and seizure than to many other privacy incursions. The focus on protection of the physical home has decreased doctrinal efficiency and coherence and derailed Fourth Amendment residential privacy from the core principle of intimate association. This Article challenges Fourth Amendment housing exceptionalism. Specifically, I critique two hallmarks of housing exceptionalism: first, the extension of protection to residential spaces unlikely to shelter intimate association or implicate other key privacy interests; and second, the prohibition of searches that impinge on core living spaces …

Table Of Contents, Seventh Circuit Review

Seventh Circuit Review

No abstract provided.

Choice-Of-Law Rules In Bankruptcy: An Opportunity For Congress To Resolve Conflicting Approaches, Viktoria A. D. Ziebarth

Seventh Circuit Review

In In re Jafari, the Seventh Circuit had the opportunity to take a position on whether state or federal choice-of-law rules should be applied in bankruptcy cases. Instead, the court chose not to resolve the question because the outcome was the same under application of Wisconsin's choice-of-law rules and the federal common law choice-of-law rule used by the First and Ninth Circuits in bankruptcy and other federal question cases. The United States Supreme Court has never directly addressed whether state choice-of-law rules must be applied in bankruptcy. Furthermore, the Court has not extended its holding from Klaxon Co. v. …

Gross'ed Out: The Seventh Circuit's Over-Extension Of Gross V. Fbl Financial Services Into The Ada Context, Allison P. Sues

Seventh Circuit Review

In its recent decision in Serwatka v. Rockwell Automation, Inc., the Seventh Circuit overruled its prior circuit precedent and found that the Americans with Disabilities Act (ADA) does not create liability for mixed-motive claims. As a result of this decision, if an employer impermissibly considers an employee's disability in making a decision adverse to the employee, courts will not hold the employer liable provided that the plaintiff cannot also show that such consideration was the but-for cause of the challenged action. Prior to 2009, the Seventh Circuit had recognized mixed-motive causation under the ADA; it relied primarily on Price …

Reasonable Measures": Giving "Due Deference" To School Boards' Decisions In Cases Involving The Individuals With Disabilities Education Act, Stephen Monroe

Seventh Circuit Review

Currently, the federal appeals courts use different tests when examining state compliance with the Individuals with Disabilities Education Act (IDEA), a Spending Clause statute meant to give students with disabilities meaningful educational instruction. The IDEA requires states receiving federal funds for special education to provide a free and appropriate public education (FAPE) in the least restrictive environment (LRE) to each eligible student with a disability. Though there are varying tests used by the appeals courts, they can be lumped into two main categories: a reasonableness test and a factor test. The Seventh Circuit in Board of Education v. Ross adopted …

Preface, Paul Forster

Seventh Circuit Review

No abstract provided.

Improving The Seventh Circuit's Approach To Illegal Reentry Prosecutions With A Constructive Discovery Standard And Fast-Track Sentencing, Steven Mroczkowski

Seventh Circuit Review

Where an alien has been removed, illegally reenters the United States, and is later found by immigration or federal law enforcement authorities, he has violated federal immigration law found in 8 U.S.C. § 1326(a). Violators face two rolls of the dice depending on where they are convicted. If they are convicted in the Seventh Circuit, they lose on both rolls. Under the Seventh Circuit's actual discovery standard, the government can sustain a conviction brought long after the statute of limitations has tolled because they have no duty to locate an alien using reasonable diligence. Additionally, because districts in the Seventh …