Law Commons^™

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 …

Drinking Motives Of College Students At A Hbcu In Oklahoma, Yasmeen Shumate

McCabe Thesis Collection

The use of alcohol can be found throughout colleges across the nation (O'Malley and Johnston, 2002). Whether the college is a 2 year institution or a 4 year institution, private of public, there have been multiple studies conducted over alcohol use in various settings. College students consistently report higher levels of alcohol use than their non-college counterparts (O'Malley and Johnston, 2002). In addition, specific demographic characteristics, such as gender, ethnicity, and age, have been studied in relation to college drinking. It's been proven that college men are found to drink more than college females (Humara and Sherman, 2004). Non- White …

Agent Admissions In Federal And Georgia Law, Casey Viggiano

Law Library Student-Authored Works

No abstract provided.

Fourth Amendment Searches: The Motor Vehicle Exception To The Warrant Requirement, Kelly Connors

Law Library Student-Authored Works

No abstract provided.

Arbitration: Federal And Georgia, Natalie Rogers

Law Library Student-Authored Works

No abstract provided.

Cloud Computing - Legal Issues In The U.S. & International Implication, Maki Depalo

Law Library Student-Authored Works

No abstract provided.

Climate Change, Talmadge Simpson

Law Library Student-Authored Works

No abstract provided.

Georgia's Rape Shield Statute And Victim Resources, Cara Comparetta

Law Library Student-Authored Works

No abstract provided.

Impeaching The Accused With Prior Conviction(S) In Georgia And Under Federal Rules Of Evidence, John A. Alves

Law Library Student-Authored Works

No abstract provided.

Georgia's Dram Shop Act, Kate Hendren

Law Library Student-Authored Works

No abstract provided.

Consequences Of A Debtor's Failure To Receive Prepetition Credit Counseling, Karen Trapnell

Law Library Student-Authored Works

No abstract provided.

Skilling V. United States And The New Meaning Of Honest Services Mail Fraud, Frances Parrish

Law Library Student-Authored Works

No abstract provided.

Offers In Compromise To The Irs, Alison Makins

Law Library Student-Authored Works

No abstract provided.

White Collar Crime And The Crime-Fraud Exception To The Attorney-Client Privilege, Shane Mckeen

Law Library Student-Authored Works

No abstract provided.

Val Nolan, Jr.

Val Nolan Jr. (1976 Acting; 1980 Acting)

No abstract provided.

Vol. 2 No. 1, Spring 2011; Nolan & Ready--"Settling" For Less Than Perfect In Illinois When Determining The Role Defendants Play In The Litigation After They Settle, Benjamin W. Meyer

Northern Illinois Law Review Supplement

This Note examines the interplay of two decisions made by the Illinois Supreme Court during their 2008 – 2009 term—Ready v. United/Goedecke Services, Inc. and Nolan v. WEIL-McLain. Interpreting the statutory wording of the Illinois joint and several liability statute (735 ILCS 5/2-1117), Ready held that settled defendants may not be included on jury verdict forms when apportioning fault. The later decided Nolan held that a defendant may submit evidence of settled defendants in support of his sole proximate cause defense. This Note points out that the Nolan decision renders the Ready decision unworkable, because once a jury is exposed …

Vol. 2 No. 1, Spring 2011; The Times They Are A Changin': Enactment Of Historic Civil Union Act Is The Right Step For Illinois, Shannon R. Barnaby

Northern Illinois Law Review Supplement

This Comment analyzes the recent passage of Senate Bill 1716, the Illinois Religious Freedom Protection and Civil Union Act, which extends the “same [state] legal obligations, responsibilities, protections, and benefits” to same- sex couples as are available to heterosexual couples. This Comment begins by discussing the background of legal recognition for same-sex unions. Next, this Comment discusses the challenges that same-sex partners and their children were confronted with due to the lack of legal recognition of their relationships and then delves into counter-arguments to such recognition. Moreover, this Comment argues that the legislature took the correct and honorable action in …

The Bald Eagle Finds Friends In The Lion City, Knowledge@Smu

Knowledge@SMU

This century is widely said to be starring Asia, as the centre of economic growth shifts convincingly to the world’s largest continent. However, Asia is not going to hog the stage alone, for the United States, by far the most power economic, military and political entity, has indicated its desire to play a role together. In Singapore, the Americans are finding a friendly and valuable partner in this venture, explains US ambassador David Adelman at a Wee Kim Wee Centre talk.

Vol. 2 No. 1, Spring 2011; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement

Northern Illinois Law Review Supplement

No abstract provided.

The Cross Examiner, Seton Hall University School Of Law

Newspapers

No abstract provided.

Obama's Failed Attempt To Close Gitmo: Why Executive Orders Can't Bring About Systemic Change, Erin B. Corcoran

Law Faculty Scholarship

No abstract provided.

The Ubs Case: The U.S. Attack On Swiss Banking Sovereignty, Beckett G. Cantley

Brigham Young University International Law & Management Review

No abstract provided.

Copyright And Democratization In Africa, John Mukum Mbaku

Brigham Young University International Law & Management Review

No abstract provided.

Creative Commons. Cc-Plus, And Hybrid Intermediaries: A Stakeholder's Perspective, Guido Russi

Brigham Young University International Law & Management Review

No abstract provided.

May 1, 2011: Religion, Guns And Racism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Religion, Guns and Racism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Stabilisation Clauses And The Zambian Windfall Tax, Sangwani Ng'ambi

Zambia Social Science Journal

Over the past decade, Zambia has seen an increase in the flow of foreign direct investment; a large quantity of which went into the copper mining industry. The price of copper increased radically, which prompted the Zambian government to reconsider the preferential tax regime that foreign mining companies enjoyed to ensure that Zambia benefited from this change in circumstances.

The tax regime was originally implemented to encourage the inflow of foreign capital, and to revive an industry that had been crippled by previously low copper prices. The concession agreements between the Government of Zambia and the mining companies contained Stabilisation …

Judicial Reform, Constitutionalism And The Rule Of Law In Zambia: From A Justice System To A Just System, Muna Ndulo

Zambia Social Science Journal

In Zambia it is generally agreed on by all stakeholders that the judicial system needs reform to make it more accountable, independent, and able to deliver justice efficiently and effectively. This article discusses judicial reform in the context of the independence of the judiciary. It tries to unpack the term judicial reform. It argues that for the rule of law and constitutionalism to prevail it is crucial that the judiciary is independent and there is separation of powers between the executive and the judiciary, and legislature and the judiciary. For judges to be personally and substantively independent they need security …

The Right And Wrong Of “Knowing Receipt” In The Law Of Restitution, Tiong Min Yeo

2009 Yong Pung How Professorship of Law Lecture

One distinctive feature of the common law system is its duality. No legal analysis is complete without considering both the rules of common law and the principles of equity. Civilians (non-lawyers in common law countries and lawyers from civil law countries) struggle to understand why there are two systems of justice in the legal discourse and how they interact with one another. The trite proposition that equity prevails whenever there is a conflict belies the complexity of the relationship. The other distinctive feature is that much of the law continues to be made in the courts rather than by legislation. …