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Articles 1261 - 1290 of 10557
Full-Text Articles in Law
Table Of Contents, Seventh Circuit Review
Table Of Contents, Seventh Circuit Review
Seventh Circuit Review
No abstract provided.
Who’S Left Suspended On The Line?: The Ominous Hanging Paragraph And The Seventh Circuit’S Interpretation In In Re Wright, Simone Jones
Who’S Left Suspended On The Line?: The Ominous Hanging Paragraph And The Seventh Circuit’S Interpretation In In Re Wright, Simone Jones
Seventh Circuit Review
What happens to a 910 creditor’s claim under the BAPCPA where a Chapter 13 debtor surrenders the 910 vehicle to the creditor? Bankruptcy courts are divided—both among and within circuits—resulting in costly litigation between parties unsure of the approach to which the particular court subscribes. The Seventh Circuit, in In re Wright, became the first Court of Appeals to address this issue and concluded that where a debtor surrenders the 910 vehicle, the creditor is allowed to bifurcate its claim into a secured and unsecured portion. Specifically, if the amount of the claim exceeds the value of the surrendered …
Outer Marker Beacon: The Seventh Circuit Confirms The Contours Of Federal Question Jurisdiction In Bennett V. Southwest Airlines Co., William K. Hadler
Outer Marker Beacon: The Seventh Circuit Confirms The Contours Of Federal Question Jurisdiction In Bennett V. Southwest Airlines Co., William K. Hadler
Seventh Circuit Review
In Bennett v. Southwest Airlines Co., the Seventh Circuit was asked to rule on the contours of federal question jurisdiction. In the court’s analysis, it offered a recitation of the evolution of the boundaries of federal question jurisdiction where federal issues are embedded in state law claims. This history, especially in the Supreme Court, has been characterized by change. Much of the first 100 years of federal question jurisdiction, governed by the statutory grant of § 1331, was more broadly defined than the recent interpretation represented by the "Modern Test" announced by the Supreme Court’s 2005 decision in Grable …
Determining Whether Plaintiff Prevailed Is A "Close Question"—But Should It Be?, Nikolai G. Guerra
Determining Whether Plaintiff Prevailed Is A "Close Question"—But Should It Be?, Nikolai G. Guerra
Seventh Circuit Review
According to the “American rule,” litigants must bear their own litigation costs, including attorneys’ fees, absent statutory authorization allowing otherwise. With the emergence of fee-shifting provisions in various statutes, particularly in the area of civil rights, a court may award a prevailing party its attorneys’ fees and other costs. Deciding whether a party prevailed for purposes of a fee-shifting statute, however, requires courts to engage in an analysis of the benefit the plaintiff has received from his judgment. Recently, in Karraker v. Rent-A-Center, the Seventh Circuit held that a plaintiff class prevailed for purposes of the American with Disabilities …
Missing The Forest For The Trees: The Seventh Circuit’S Refinement Of Bloom 'S Private Gain Test For Honest Services Fraud In United States V. Thompson, Robert J. Lapointe
Missing The Forest For The Trees: The Seventh Circuit’S Refinement Of Bloom 'S Private Gain Test For Honest Services Fraud In United States V. Thompson, Robert J. Lapointe
Seventh Circuit Review
Public officials, as well as public employees, owe the public the fiduciary duty of providing their honest services. The mail fraud statute, 18 U.S.C. § 1341, proscribes using the mails to carry out “any scheme or artifice to defraud.” It further defines, in § 1346, “any scheme or artifice to defraud” to include “a scheme or artifice to deprive another of the intangible right of honest services.” In passing these statutes, Congress never defined the terms “scheme or artifice,” “intangible right” or “honest services.” Because of this failure, the appellate courts have adopted limiting principles to prevent minor breaches of …
Familia Interruptus: The Seventh Circuit’S Application Of The Substantive Due Process Right Of Familial Relations, Scott J. Richard
Familia Interruptus: The Seventh Circuit’S Application Of The Substantive Due Process Right Of Familial Relations, Scott J. Richard
Seventh Circuit Review
For almost a century, the Supreme Court has recognized the substantive due process right of individuals to be free from government intrusion into the control and management of their families. From its inception, however, the Supreme Court’s jurisprudence related to this constitutional right has been ambiguous, as its rhetoric has outstripped its application and explication of this fundamental liberty interest. The Court’s most recent decision on familial rights, Troxel v. Granville, also failed to provide lower courts with proper guidance as to how to apply and protect this due process right. In the context of this confused Supreme Court …
The Politics Of Reversal: The Seventh Circuit Reins In A District Court Judge’S Wayward Employment Discrimination Decisions, Timothy Wright
The Politics Of Reversal: The Seventh Circuit Reins In A District Court Judge’S Wayward Employment Discrimination Decisions, Timothy Wright
Seventh Circuit Review
In the span of four months, the Seventh Circuit reversed the same district court judge, Judge Samuel Der-Yeghiayan, in three separate employment discrimination opinions. In all three cases, the district court had granted the employers’ motions for summary judgment in their entirety. However, the Seventh Circuit held that the majority of these rulings were improper due to the district judge’s inattention to critical details in the record and his misplaced reliance on minor technical rulings that sidestepped the cases’ glaring issues of credibility and contested fact. This Comment reviews the common themes in the Seventh Circuit’s criticisms of the district …
No More Imports: Seventh Circuit Decision In United States V. Genendo Is An Expensive Pill For American Consumers To Swallow, Nicole L. Little
No More Imports: Seventh Circuit Decision In United States V. Genendo Is An Expensive Pill For American Consumers To Swallow, Nicole L. Little
Seventh Circuit Review
Approximately half of American consumers take at least one prescription drug a day. However, the United States has significantly higher drug prices than most other countries, and many American consumers struggle to pay for the drugs they need. A legislative response to America’s drug-pricing problem has been slow to transpire, and consumers have turned elsewhere to cut their costs. Some consumers personally import from countries abroad that sell the drugs they need at discounted prices. The drugs these consumers receive may not be of the same quality they expect from drugs bought in the United States, but they are willing …
"Based Upon" And The False Claims Act's Qui Tam Provision: Reevaluating The Seventh Circuit's Method Of Statutory Interpretation, Antonio J. Senagore
"Based Upon" And The False Claims Act's Qui Tam Provision: Reevaluating The Seventh Circuit's Method Of Statutory Interpretation, Antonio J. Senagore
Seventh Circuit Review
No one knows precisely why Congress used the phrase “based upon” in the Public Disclosure Bar of the False Claims Act, but the phrase’s meaning has confounded the circuit courts. In United States ex rel. Fowler v. Caremark Rx, LLC, the Seventh Circuit reaffirmed its narrow, minority definition of “based upon.” In its brief decision, the court skipped over a complex analysis of the Public Disclosure Bar. Yet, through that statute, Congress tried to keep opportunists from abusing the qui tam provision, which lets private citizens pursue billions of dollars lost to government fraud. After reexamining the Seventh Circuit’s …
Cracking The Door To State Recovery From Federal Thrifts, Daniel M. Attaway
Cracking The Door To State Recovery From Federal Thrifts, Daniel M. Attaway
Seventh Circuit Review
In the midst of the Great Depression, Congress created the Office of Thrift Supervision (“OTS”) to oversee and regulate the federally chartered thrift industry. Congress granted the OTS the power to create regulations to examine thrifts, ensure they were sound, and to preempt state laws affecting their operations, but not the power to provide remedies to a thrift’s customers. Over the next 70 years, the courts consistently interpreted Congress’ grant of regulatory authority as plenary—preempting almost any state law that affected, even minimally, the operation of a federal thrift. The Seventh Circuit, in In re Ocwen Loan Servicing, LLC Mortgage …
Krieg V. Seybold: The Seventh Circuit Adopts A Bright Line In Favor Of Random Drug Testing, Dana E. Lobelle
Krieg V. Seybold: The Seventh Circuit Adopts A Bright Line In Favor Of Random Drug Testing, Dana E. Lobelle
Seventh Circuit Review
In Krieg v. Seybold, Robert Krieg challenged the City of Marion, Indiana’s, policy of random drug testing as it applied to his job as a heavy-equipment operator in the Department of Streets and Sanitation. While the Fourth Amendment normally would require the City to have a reasonable suspicion that Krieg used drugs before it could require him to submit to a drug test, the Supreme Court has created a “safety” exception to this rule. This exception permits government employers to test certain safety-sensitive employees for drugs without suspicion where a characteristic of the workplace makes suspicion-based testing impractical. The …
Probationers, Parolees And Dna Collection: Is This "Justice For All"?, Jessica K. Fender
Probationers, Parolees And Dna Collection: Is This "Justice For All"?, Jessica K. Fender
Seventh Circuit Review
In 1994, the DNA Identification Act permitted the government to establish a national database (CODIS) where it could collect DNA samples from those convicted of certain violent crimes. In the last few years, DNA collection statutes have been repeatedly expanded, to the point where some now require samples upon arrest. Not surprisingly, the federal DNA collection statute has been challenged repeatedly on Fourth Amendment grounds. In the Seventh Circuit, this issue was most recently addressed in United States v. Hook, a case in which a white-collar criminal on supervised release challenged the federal DNA collection statute. The court held …
Ij Bias: The Contamination Theory, Michael Yeong Joon Ko
Ij Bias: The Contamination Theory, Michael Yeong Joon Ko
Seventh Circuit Review
In the case of Apouviepseakoda v. Gonzales, the majority and the dissent of the Seventh Circuit heavily criticized the immigration judge’s behavior during the removal hearing. Yet, the majority seemed to go out of its way to affirm denial of asylum. The majority held that, although the IJ’s behavior during the asylum hearing was inappropriate, it did not amount to reversible error. The majority would reverse only if the IJ’s behavior were so inappropriate that it frazzled the asylum applicant or barred large portions of the applicant’s testimony. What this decision does not account for is the fact that …
The Seventh Circuit’S Approach To Deterring The Trademark Troll: Say Goodbye To Your Registration And Pay The Costs Of Litigation, Anna B. Folgers
The Seventh Circuit’S Approach To Deterring The Trademark Troll: Say Goodbye To Your Registration And Pay The Costs Of Litigation, Anna B. Folgers
Seventh Circuit Review
It is axiomatic that trademark rights are acquired through commercial use and not registration. This requirement, however, has failed to deter the trademark troll, who adopts, registers and warehouses a mark without the intent to use of the trademark himself, but to use his trademark registration to extort licensing fees out of innocent parties who make rightful use of the mark. This practice runs contrary to the statutory mandate of the Lanham Act and the policies that trademark law was designed to serve. Recently, the Seventh Circuit had the opportunity to rule on this issue when one such trademark entrepreneur …
Law & Health Care Newsletter, V. 15, No. 1, Fall 2007
Law & Health Care Newsletter, V. 15, No. 1, Fall 2007
Law & Health Care Newsletter
No abstract provided.
In Practice, V. 8, No. 1, Fall 2007
Political Advocacy And Taxable Entities: Are They The Next Loophole, Donald B. Tobin
Political Advocacy And Taxable Entities: Are They The Next Loophole, Donald B. Tobin
First Amendment Law Review
No abstract provided.
Wanted: A Bright-Line Test Defining Prohibited Intervention In Elections By 501(C)(3) Organizations, Kay Guinane
Wanted: A Bright-Line Test Defining Prohibited Intervention In Elections By 501(C)(3) Organizations, Kay Guinane
First Amendment Law Review
No abstract provided.
Distinguishing Government Suppression Of Speech From Government Support Of Speech, Arnold H. Loewry
Distinguishing Government Suppression Of Speech From Government Support Of Speech, Arnold H. Loewry
First Amendment Law Review
No abstract provided.
No Zero Sum Game Between The Evolving Role Of The State And Market Forces In China, Knowledge@Smu
No Zero Sum Game Between The Evolving Role Of The State And Market Forces In China, Knowledge@Smu
Knowledge@SMU
Is China’s remarkable economic progress a success story of market forces triumphing over the state in lifting millions out of poverty? Singapore Management University political science professor John Donaldson presents the case that, even as China underwent market reforms and emerged with impressive results, the role of the state did not diminish but shifted to other vital tasks and functions to facilitate and alter market forces. He also argues that, in this country of over 1.3 billion people, economic growth alone does not necessarily lead to poverty reduction.
Perspectives On Terrorism: Storytelling Versus Rationalisation, Knowledge@Smu
Perspectives On Terrorism: Storytelling Versus Rationalisation, Knowledge@Smu
Knowledge@SMU
Since the events of 9/11, ordinary people and governments are struggling more than ever to make sense of the seemingly senseless acts of terrorists that threaten nearly all countries, directly or indirectly. Singapore Management University philosophy professor Thomas Brian Mooney is coauthor, along with Rob Imre and Ben Clarke, of a new book, Terrorism, Causes and Cures: Legal, Political and Philosophical Perspectives, to be published later this year by Ashgate Press. Mooney talks to Knowledge@SMU about the importance of “storytelling”, as compared with adopting a purely rational approach, to help understand the causes of terrorism.
September 2007 Docket, Georgia State University College Of Law
September 2007 Docket, Georgia State University College Of Law
The Docket
No abstract provided.
Tobacco Regulation Review, V. 6, No. 2, Sept. 2007
Tobacco Regulation Review, V. 6, No. 2, Sept. 2007
Tobacco Regulation Review
No abstract provided.
2007-2008 Gsulr Masthead, Georgia State University College Of Law
2007-2008 Gsulr Masthead, Georgia State University College Of Law
Law Review Mastheads
No abstract provided.
Munchausen Syndrome By Proxy: Treatment In The Courts, Kimberly L. Sweet
Munchausen Syndrome By Proxy: Treatment In The Courts, Kimberly L. Sweet
Buffalo Women's Law Journal
No abstract provided.
The Chinese Land Use Right Is It Property, Gregory M. Stein
The Chinese Land Use Right Is It Property, Gregory M. Stein
Scholarly Works
No abstract provided.
Successor Liability In New York, George Kuney
September 1, 2007: The New Atheism And Democracy, Bruce Ledewitz
September 1, 2007: The New Atheism And Democracy, Bruce Ledewitz
Hallowed Secularism
The New Atheism and Democracy
Torch (September 2007), Amy Homans, Civil Rights Team Project
Torch (September 2007), Amy Homans, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.
Measuring The Trade-Offs Between Economic Growth And Unequal Distribution Of The Benefits, Knowledge@Smu
Measuring The Trade-Offs Between Economic Growth And Unequal Distribution Of The Benefits, Knowledge@Smu
Knowledge@SMU
In an unequal world, how should countries evaluate the trade-offs between pursuing economic growth and the risks of unequal distribution of the benefits amongst individuals? London School of Economics professor and department head Danny Quah recently delivered an address on "Life in Unequal Growing Economies”, as part of the Singapore Management University School of Economics Distinguished Lecture Series. His paper proposes an empirical model to measure the trade-offs between economic growth and income inequality, and to assess the implications of such trade-offs for poverty alleviation and individual welfare.