Law Commons^™

How Many Environmental Plaintiffs Are Still Standing?, Andrew D. Dorn

Seventh Circuit Review

Standing is easy to describe but difficult to apply. At a minimum, standing requires three elements: (1) injury-in-fact; (2) traceability to conduct of the defendant; and (3) that a favorable decision could provide redress for the injury. This Note outlines the development of the standing doctrine from Lujan v. Defenders of Wildlife through Summers v. Earth Island Institute and examines how several courts have applied this standard to their cases. It also analyzes Pollack v. Department of Justice. It proposes an approach that demands more than pleadings but removes the court's license to pre-litigate the merits of the case …

Public Employee Free Speech After Garcetti: Has The Seventh Circuit Been Ignoring A Question Of Fact?, Sarah R. Kaplan

Seventh Circuit Review

Before the United States Supreme Court decided Garcetti v. Ceballos in 2006, courts decided the question whether a public employee's speech was protected by the First Amendment as a matter of law. Courts asked whether the speech addressed a matter of public concern. If it did, then the speech was protected if the employee's interest in exercising her First Amendment rights outweighed the employer's interest in maintaining an efficient workplace. Garcetti introduced a new threshold question: whether the public employee spoke pursuant to her official duties. This seems to introduce a factual question to the public employee free speech inquiry: …

Let's Be Reasonable: Fourth Amendment Principles In The Digital Age, Scott D. Blake

Seventh Circuit Review

The expansion of computers in American society has led to new developments in Fourth Amendment doctrine. Just like every other American, criminals use computers, which requires law enforcement to search and seize computers. Frequently, an executing officer inadvertently discovers computer files with illegal content that are outside the scope of the original warrant. Reasoning that traditional Fourth Amendment doctrine does not provide sufficient protection in a digital age, two federal circuits have crafted alternative approaches that deviate from it. However, the Seventh Circuit, in United States v. Mann, has continued to apply the traditional principles of Fourth Amendment doctrine …

Simulated Law Student: With Guest Deb Quentel From Cali, Debbie Ginsberg

Presentations

Simulations are becoming an increasingly important part of teaching practice skills. Deb Quentel, Director of Curriculum Development & General Counsel of CALI, discussed about CALI’s work with the SIMPLE project.

Pushing Powerpoint, Debbie Ginsberg

Presentations

Got PowerPoint questions? We’ve got answers. Debbie Ginsberg demonstrated step-by-step solutions to popular PowerPoint questions like “How do I embed videos?” and “Can I record a lecture directly into my slides?”

Vol. 27, No. 2, Michael J. Duggan, Julie E. Lewis, Mallory Milluzzi

The Illinois Public Employee Relations Report

Contents:

Labor Relations in Hard Times, by Michael J. Duggan, Julie E. Lewis, and Mallory Milluzzi

Recent Developments

The Law Of Philanthropy In The Twenty-First Century: An Introduction To The Symposium, Anne-Marie Rhodes

Chicago-Kent Law Review

No abstract provided.

Regulating Charities In The Twenty-First Century: An Institutional Choice Analysis, Lloyd Hitoshi Mayer, Brendan M. Wilson

Chicago-Kent Law Review

For more than fifty years scholars, practitioners, and government officials have debated whether the federal government, the state governments, or the charitable sector itself can best ensure that charity leaders fulfill their fiduciary duties. The dramatic growth of this sector, recent highly publicized governance scandals, and a push in Congress and the IRS for more federal involvement in this area have now brought this issue to a head. This article lays a foundation for resolving the dispute by developing an institutional choice framework for considering and comparing the various available options. Applying that framework, the article concludes that the best …

Table Of Contents - Issue 2, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Governing And Financing Blended Enterprise, Dana Brakman Reiser

Chicago-Kent Law Review

The image of nonprofit and for-profit as dual and exclusive categories is misleadingly simple. This blurring of the boundary between for-profit and nonprofit has gone on for years and appears only to be gaining steam. Yet, traditionally, the law has put to organizations a choice of either the nonprofit or for-profit form of organization. In the first decade of this century, organizational law is beginning to catch up with the boundary-blurring trend. In the United States and abroad, legislatures are creating new forms for blended enterprise, including several U.S. states' low-profit limited liability company (the "L3C") and the community interest …

Recent Developments In Community Foundation Law: The Quest For Endowment Building, Mark Sidel

Chicago-Kent Law Review

Using legal and judicial means to build community foundation assets are the focus of some of the more interesting recent developments in community foundation law. This article discusses a recent state supreme court case that pitted a com- munity foundation against a trustee bank for control over the management and investment of a trust for the benefit of the community foundation; state incentive programs for community foundations, including tax credits and the use of gambling revenues to build community foundation assets; the growth of community foundation self-regulation; and other new developments that converge on a key issue—building endowment—that faces the …

Respecting Foundation And Charity Autonomy: How Public Is Private Philanthropy?, Evelyn Brody, John Tyler

Chicago-Kent Law Review

Recent years have seen a disturbing increase in legal proposals by the public and government officials to interfere with the governance, missions, strategies, and decision-making of foundations and other charities. Underlying much of these debates is the premise—stated or merely presumed—that foundation and charity assets are "public money" and that such entities therefore are subject to various public mandates or standards about their structure, operations, and policies. The authors' experiences and research reveal three "myths" that, singly or collectively, underlie claims that charitable assets are public money. The first myth conceives of charities as shadow governments due to the requirement …

Food Allergies In Public Schools: Toward A Model Code, Michael Borella

Chicago-Kent Law Review

Sufferers of food allergies can experience anaphylactic shock, and even death, within minutes of exposure to allergens such as peanuts, soy, wheat, eggs, milk, and fish. This causes unique problems when the food allergy sufferers are children in public schools. The widespread availability of these allergens in school lunchrooms and classrooms places children with food allergies in danger while they are entrusted to the government's care. Since these children, especially young children, cannot be relied upon to be able to avoid allergens on their own, reasonable and logical laws should be in place to ensure that children are safe while …

The Power Of The Parental Trump Card: How And Why Frazier V. Winn Got It Right, Jocelyn Floyd

Chicago-Kent Law Review

When two fundamental rights are in conflict, such that the protection of one requires the infringement of the other, courts must weigh those rights against each other to determine which is ultimately greater. In Frazier v. Winn, the Eleventh Circuit dealt with precisely such an issue: specifically, the rights of parents pitted against those of their children. This note explores the history of both parental rights and student's rights in school to show why the court appropriately affirmed that children's right to free speech is only as expansive as their parents allow, justified by the parents' fundamental right to …

Meanwhile On The Other Side Of The Pond: Why Biopharmaceutical Inventions That Were "Obvious To Try" Still Might Be Non-Obvious --Part 1, Timo Minssen

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Protecting Famous Trademarks: Comparative Analysis Of Us And Eu Diverging Approaches --The Battle Between Legislatures And The Judiciary. Who Is The Ultimate Judge?, Stylianos Malliaris

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Freedom From Compulsion, Tess Slattery

Chicago-Kent Law Review

A recent Eleventh Circuit case, Frazier ex rel. Frazier v. Winn, upheld as facially constitutional a Florida statute that requires a student to obtain parental permission before abstaining from participation in the Pledge of Allegiance. This note argues that the court reached the wrong conclusion because it failed to properly weigh the students' right to free speech against the parents' right to control the upbringing of their children. This note argues that Justice Breyer's framework for balancing conflicting rights should be adopted for use in this context. By applying Justice Breyer's balancing test, the Florida statute should be found …

Helping Nonprofits Police Themselves: What Trust Law Can Teach Us About Conflicts Of Interest, Melanie B. Leslie

Chicago-Kent Law Review

Fiduciary duty law seeks to minimize agency costs that occur when the interests of the agent and principal diverge. That law is context specific: the substance depends upon the objectives of the fiduciary relationship and the degree to which other forces, such as markets and social norms, help align the incentives of principal and fiduciary.

Trust law has no business judgment rule, and prohibits even "fair" conflict of interest transactions unless they are approved by fully informed beneficiaries. Strict rules bolster norms against self-dealing and compensate for trust beneficiaries' poor monitoring abilities and inability to exit or diversify. Corporate fiduciary …

It Is Not Too Late For The Health Savings Account, Jessica A. Bejerea

Chicago-Kent Law Review

The Health Savings Account (HSA), a tax-advantaged savings vehicle for paying medical expenses, paired with the high deductible health plan, has become a popular means of controlling health care costs and insurance premiums. Recently Congress attempted to increase the attractiveness of the HSA and the high deductible health plan when it amended HSA law in 2006. This note examines these recent changes and argues that certain provisions of the amendments, along with IRS guidance, have instead complicated the rules for HSAs and have neglected to resolve at least one important issue.

Reforming The United States' Economic Model After The Failure Of Unfettered Financial Capitalism, Richard B. Freeman

Chicago-Kent Law Review

This Article is based on the 2009 Kenneth M. Piper Lecture at the Chicago-Kent College of Law. The 2008–2009 financial meltdown and ensuing economic developments have shown three things about modern capitalism: First, that unfettered financial markets remain the Achilles heel of capitalism with the capability of destroying economic stability and bringing misery to all. Second, that high-powered incentives paid to "talent" in finance are a fundamental cause of the excessive risk-taking, chicanery, and financial fraud that contributes to instability. Without a new compensation system that rewards banking and finance for contributing to sustainable economic progress rather than for economic …

Doctrine Of The Dead: How Capcom V. Mkr Exposes The Decreasing Fit Between Modern Copyright Infringement Analysis And Modern Video Games, Karlyn Ruth Meyer

Chicago-Kent Journal of Intellectual Property

No abstract provided.

What Is Neutral? Another Perspective To The Discussion Concerning Access Control, Agustin Waisman

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Market Competition In Aid Of Humanitarian Concern: Reconsidering Pharmaceutical Drug Patents, Michael Ilg

Chicago-Kent Journal of Intellectual Property

No abstract provided.

A Patent Panacea? The Promise Of Corbinized Claim Construction, Jonathan L. Moore

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Bricks & Bytes Roundup, Debbie Ginsberg

Presentations

Debbie Ginsberg demonstrated how law schools around the country have implemented new classrooms, redesigned libraries, and reconfigured other spaces to enhance their sense of community.

Constitutional Torts, Over-Deterrence And Supervisory Liability After Iqbal (2010) (Symposium), Sheldon Nahmod

All Faculty Scholarship

My forthcoming Article is divided into the following parts. In Part I, I survey relevant aspects of the law of § 1983 and Bivens. Painting with a broad brush and for the most part descriptively, I maintain that the Court’s concern with over-deterrence has increasingly dominated constitutional torts. In Part II, I address the relevance of that concern for supervisory liability, set out what the Court said about supervisory liability in Iqbal and very briefly summarize the pre-Iqbal circuit consensus on supervisory liability. In Part III, I delve more deeply into the nature of supervisory liability and conclude that the …

Music Markets And Mythologies, Henry H. Perritt Jr.

All Faculty Scholarship

New technologies have started a revolution in the music marketplace. As new business models emerge, major firms in the popular music industry have mounted a campaign on the premise that the world of popular music faces a grave threat from illicit filing sharing. This article makes the case against that campaign. It discusses how new technologies are currently reshaping the marketplace to allow a wider range of new artists, as well as more direct access between musicians and their fans. It also predicts how future demand for popular music will increase due to portability, and ultimately recommends directions for marketplace …

Scorn Not The Sonnet: In Search Of Shakespeare's Law, Jeffrey G. Sherman

All Faculty Scholarship

No abstract provided.

Undermined Norms: The Corrosive Effect Of Information Processing Technology On Informational Privacy, Richard Warner

All Faculty Scholarship

Informational privacy is a matter of control; it consists in the ability to control when one’s personal information is collected, how it is used, and to whom it is distributed. The degree of control we once enjoyed has vanished. Advances in information processing technology now give others considerable power to determine when personal information is collected, how it is used, and to it is whom distributed. Privacy advocates sound the alarm in regard to both the governmental and private sectors. I focus exclusively on the later. Relying on the extensive privacy advocate literature, I assume we should try to regain …

Ways To Collaborate: Google And Beyond, Debbie Ginsberg

Presentations

Debbie Ginsberg demonstrated how to use online applications like Google Docs to collaborate, as well as a program called “Interwrite Workspace” that can annotate anything you present (including Word documents).