Past Issues
Vol. 34 No. 1
Dean Robert Gilbert Johnston, Louis Biro: A Remembrance; Robert
MacCrate, Keynote Address; Scott Brewer, On the Possibility of Necessity
in Legal Argument: A Dilemma for Holmes and Dewey; Joel R. Cornwell,
Languages of a Divided Kingdom: Logic and Literacy in the Writing
Curriculum; Linda Ross Meyer, Why Barbara, Celarent, Darii, and Ferio
Flunk out of Law School: Comment on Scott Brewer, On the Possibility of
Necessity in Legal Argument; Elizabeth Mertz, Teaching Lawyers the
Language of Law: Legal and Anthropological Translations; Susan F.
Hirsch, Making Culture Visible: Comments on Elizabeth Mertz’s Teaching
Lawyers the Language of Law: Legal and Anthropological Translations;
Brook K. Baker, Language Acculturation Processes and Resistance to
In“doctrine”ation in the Legal Skills Curriculum and Beyond: A
Commentary on Mertz’s Critical Anthropology of the Socratic, Doctrinal
Classroom; Jane B. Baron, Language Matters; Jane E. Larson, “A Good
Story” and “The Real Story”; Kathryn M. Stanchi, Exploring the Law of
Law Teaching: A Feminist Process; Regina Austin, Contextual Analysis,
Race Discrimination, and Fast Food; Reginald Leamon Robinson, Race
Consciousness: Can Thick, Legal Contextual Analysis Assist Poor, Low-
Status Workers Overcome Discriminatory Hurdles in the Fast Food
Industry? A Reply to Regina Austin; Charles R. Calleros, In the Spirit of
Regina Austin’s Contextual Analysis: Exploring Racial Context in Legal
Method, Writing Assignments and Scholarship; Sonali Das, Silencing
Speech in the Workplace: Re-examining the Use of Specific Speech
Injunctive Relief for Title VII Hostile Environment Work Claims; Deana
Saxinger, Cash Balance Plans: They Work For Employers But Do They
Work For Employees?; Angel M. Traub, The Wall is Down, Now We Build
More: The Exclusionary Effects of Gated Communities Demand Stricter
Burdens Under the FHA
Vol. 34 No. 2
Marshall J. Hartman & Stephen L. Richards, The Illinois Death
Penalty: What Went Wrong?; Steven Clark, Procedural Reforms in Capital
Cases Applied to Perjury; Sharone Levy, Righting Illinois' Wrongs:
Suggestions for Reform and a Call for Abolition; Stephen L. Richards,
Reasonable Doubt Redux: The Return of Substantive Criminal Appellate
Review in Illinois; Wayne T. Westling, Something is Rotten in the
Interrogation Room: Let's Try Video Oversight; William G. Andreozzi,
Prohibiting the Deduction for Non-Corporate Tax Deficiency Interest:
When Treasury Goes Too Far; Marilyn Lablaiks, Bad Medicine: ERISA's
Equitable Remedies and the Preemption of Fundamental Legal Rights;
Courtney Perkins, The Seattle Art Museum: A Good Faith Donee Injured
in the Restoration of Art Stolen During World War II
Vol. 34 No. 3
Mandy DeFilippo, You Have the Right to Better Safeguards: Looking
Beyond Miranda in the New Millennium; Michael P. Seng, Reflections on
When “We, the People” Kill; Stephen Brooks, Does a Life Insurance
Subtrust Create a Prohibited Assignment Within a Qualified Plan;
Thomas A. Gionis, Paradox on the High Seas: Evasive Standards of
Medical Care – Duty Without Standards of Care; A Call for the
International Regulation of Maritime Healthcare Aboard Ships; Sarah
Lindley, Violence and Injury in Illinois Schools: Students Deserve a
Remedy; Ako Miyaki-Murphy, In the Wake of Crosby v. National Foreign
Trade Council: The Impact Upon Selective Purchasing Legislation
Throughout the United States
Vol. 34 No. 4
Doris Estelle Long, First, “Let’s Kill All The Intellectual Property
Lawyer’s!”: Musings on the Decline and Fall of the Intellectual Property
Empire; Janice M. Mueller, Patenting Industry Standards; William T.
Fryer, III, Trademark Product Appearance Features, United States and
Foreign Protection Evolution: A Need for Clarification and
Harmonization; Donald L. Zuhn, Jr., DNA Patentability: Shutting the
Door to the Utility Requirement; Ted L. Field, Computer-Aided Drug
Design Using Patented Compounds: Infringement in Cyberspace?; Karl
Maersch, ICANN’t Use My Domain Name? The Real World Application of
ICANN’s Uniform Domain-Name Dispute Resolution Policy; Jason Green,
Is Zippo’s Sliding Scale a Slippery Slope of Uncertainty? A Case for
Abolishing Web Site Interactivity as a Conclusive Factor in Assessing
Minimum Contacts in Cyberspace
Vol. 35 No. 1
John H. Clough, Federalism: The Imprecise Calculus of Dual
Sovereignty; Karl Moltzen, The Jury Poll and a Dissenting Juror: When a
Juror In a Criminal Trial Disavows Their Verdict in Open Court; Frances
Howell Rudko, Pause at the Rubicon, John Marshall and Emancipation:
Reparations in the Early National Period?; Petr Pithart, The World After
Terrorism; April L. Foreman, Web of Manipulation: The Learned
Intermediary Doctrine and Direct-to-Consumer Advertising on the World
Wide Web; Anne B. Ryan, Punishing Thought: A Narrative Deconstructing
the Interpretive Dance of Hate Crime Legislation
Vol. 35 No. 2
Dean Robert Gilbert Johnston & Sarah Lufrano, The Adversary
System as a Means of Seeking Truth and Justice; Kimberly Carlson, When
Cows Have Wings: An Analysis of the OECD’s Tax Haven Work as It
Relates to Globalization, Sovereignty and Privacy; Brandon K. Lemley,
Effectuating Censorship: Civic Republicanism and the Secondary Effects
Doctrine; THIRD ANNUAL ARTHUR J. GOLDBERG CONFERENCE: Don Turner,
Willard A. Workman, & Ira Arlook, International Trade and Labor:
Leveling Up or Down; FOURTH ANNUAL ARTHUR J. GOLDBERG CONFERENCE:
Gerald E. Berendt, David Moberg, & Stephen Franklin, The Labor Strike:
Is It Still a Useful Economic Weapon for Unions?; Benjamin B. Cotton,
Prospecting or Cybersquatting: Registering Your Name Before Someone
Else Does; Derek Witte, Avoiding the Un-Real Estate Deal: Has the
Uniform Electronic Transactions Act Gone Too Far?
Vol. 35 No. 3
Anthony M. Cabot & Robert C. Hannum, Gaming Regulation and
Mathematics: A Marriage of Necessity; Marc D. Ginsberg, Beyond the
Viewbox: The Radiologist’s Duty to Communicate Findings; ASSOCIATION
OF AMERICAN LAW SCHOOLS ANNUAL MEETING: INTERNATIONAL AIDS: A
Case Study in the Challenges of Globalization, John G. Culhane, Peter
Kwan, Andrew L. Strauss, Allyn L. Taylor, Pierre De Vos, Mark E.
Wojcik; Nathan W. Eckley, Reaping the Benefits of Agricultural
Biotechnology Through Uniform Regulation; Brian M. Holt, Genetically
Defective: Courts’ Interpretation of the Americans with Disabilities Act
Fails to Protect Against Genetic Discrimination in the Workplace
Vol. 35 No. 4
THE FUTURE OF EMPLOYEE BENEFITS LAW: A JOHN MARSHALL LAW
REVIEW SYMPOSIUM: Katherine J. Kennedy, A Primer on the Taxation of
Executive Deferred Compensation Plans; Susan J. Stabile, Another Look at
401(K) Plan Investments in Employer Securities; David A. Pratt, Pension
Simplification; Pamela Perun, Phased Retirement Programs for the
Twenty-First Century Workplace; Lorraine Schmall, Women and Pension
Reform: Economic Insecurity and Old Age; Christopher E. Condeluci,
Winning the Battle, But Losing the War: Purported Age Discrimination
May Discourage Employers from Providing Retiree Medical Benefits;
Gregory Pitts, E.R.I.S.A Subrogation as Interpreted Within the Seventh
Circuit–A Roadmap for Managing First Dollar Recovery; Todd M.
Murphy, Crossroads: Modern Contract Dissatisfaction as Applied to
Songwriter and Recording Agreements
Vol. 36 No. 1
Molly Mosley-Goren, Jurisdictional Gerrymandering? Responding to
Holmes Group v. Vornado Air Circulation Systems; Darin Bartholomew,
Is Silence Golden When it Comes to Auditing: A First Amendment Focus;
Bernard E. Nodzon, Jr., Free Speech in a Digital Economy: An Analysis of
How Intellectual Property Rights Have Been Elevated at the Expense of
Free Speech; Brian J. Steffen, Ph.D., Freedom of the Private-University
Student Press: A Constitutional Proposal; David L. Hudson, Jr. and John
E. Ferguson, Jr., The Court’s Inconsistent Treatment of Bethel v. Fraser
and the Curtailment of Student Rights; David L. Hudson, Jr., Reflecting
on the Virtual Child Porn Decision; Kristen Hudson Clayton, The Draft
Hague Convention on Jurisdiction and Enforcement of Judgments and the
Internet—A New Jurisdictional Framework; Lisa Petrilli, Lost Chance in
Illinois? That May Still Be The Case; Sandra Ferson Young, An
International Antitrust Dilemma: An Analysis of the Interaction of
Antitrust Laws in the United States and the European Union
Vol. 36 No. 2
Kristal S. Steppich, Behind the Words: Interpreting the Hobbs Act
Requirement of “Obtaining of Property From Another”; Casey L. Westover,
The Twenty-Eighth Amendment: Why the Constitution Should Be
Amended to Grant Congress the Power to Legislate in Furtherance of the
General Welfare; Eve T. Krazewski, Overhauling the Good Faith
Reasonable Doubt Test: Unions Should Be Obligated to Provide Annual
Mandatory Polls to Determine Continuing Union Majority Status; Clovia
Hamilton, University Technology Transfer and Economic Development:
Proposed Cooperative Economic Development Agreements Under the Bayh-
Dole Act; Pamela Edwards, Into the Abyss: How Party Autonomy Supports
Overreaching Through the Exercise of Unequal Bargaining Power;
Frederic R. Kellogg, Holmes, Common Law Theory, and Judicial
Restraint; Paul Kleppetsch, In the Wake of Kyllo v. United States: The
Future of Thermal Imaging Cameras; Peter Puchalski, Illinois
Construction Negligence, Post-Structural Work Act: The Need for a Clear
Legislative Mandate
Vol. 36 No. 3
Daniel Goldberg, Cornering the Market in a Post 9/11 World: The
Future of Horizontal Restraints; Celeste M. Hammond, The
(Pre)(As)sumed “Consent” of Commercial Binding Arbitration Contracts:
An Empirical Study of Attitudes and Expectations of Transactional
Lawyers; Georgette Chapman Poindexter, Impossible, Impracticable, or
Just Expensive? Allocation of Expense of Ancillary Risk in the CMBS
Market; Thomas C. Homburger & Timothy J. Grant, A Changing World: A
Commercial Landlord’s Duty to Prevent Terrorist Attacks in Post-
September 11th America, Harold L. Levine, A Day in the Life of a
Residential Mortgage Defendant; Mark E. Wojcik & Lawrence Friedman,
Foreword: Setting Standards: Should the Federal Circuit Give Greater
Deference to Decisions of the U.S. Court of International Trade in
International Trade Cases?; The Honorable Gregory W. Carman, A
Suggested Revision of the Standard of Review That the Federal Circuit
Applies to Appeals of Antidumping and Countervailing Duty Cases from
the U.S. Court of International Trade; John F. Costello, Jr., Mandamus as
a Weapon of “Class Warfare” in Sixth Amendment Jurisprudence: A Case
Comment on United States v. Santos; Bob Madden, The Valuation of an
Experience: A Study in Land Use Regulation
Vol. 36 No. 4
SEVENTH CIRCUIT REVIEW: Donald L. Beschle, The First Amendment
in the Seventh Circuit: 2002; Iain D. Johnston, Survey of Seventh Circuit
Decisions: Class Actions; Molly Mosley-Goren, Intellectual Property Law
Decisions of the Seventh Circuit; David Anthony Rutter, Title VII
Retaliation, A Unique Breed; Kendra Johnson Panek, Forum Selection
Clauses in Diversity Actions; Paul Cherner & Abel Leon, Americans With
Disabilities Act (ADA); Matthew Hector, Privacy to be Patched in Later –
An Examination of the Decline of Privacy Rights; Anthony J. Longo,
Agreeing to Disagree: A Balanced Solution to Whether Parties May
Expand the Scope of Judicial Review Beyond the FAA; Donna L. Moore,
Implementing A National Putative Father Registry by Utilizing Existing
Federal/State Collaborative Databases
Vol. 37 No. 1
Scott Paccagnini, How Low Can You Go (Down the Ladder): The
Vertical Reach of RICO; Lisa Lawler Gradior, Back to Basics: A Call to Re-
evaluate the Unemployment Insurance Disqualification for Misconduct;
Timothy E. Wind, The Quandary of Megan’s Law: When the Child Sex
Offender is A Child; Gregory J. Wrtman, Freedom of Discrimination?: The
Conflict Between Public Accommodations’ Freedom of Association and
State Anti-Discrimination Laws; Kyle Murray, Assumption-of-the-Risk
Retirement?: A Survey of Recent “Serious Consideration” Case Law; Lee
Ann Rabe, Sticks and Stones: The First Amendment and Campus Speech
Codes; Violeta I. Balan, Recognition and Enforcement of Foreign
Judgments in the United States: The Need for Federal Legislation;
Andrew J. Boyd, Righting the Canoe: Title IX and the Decline of Men’s
Intercollegiate Athletics; Koby Bailey, Energy “Goods”: Should Article 2 of
the Uniform Commercial Code Apply to Energy Sales in a Deregulated
Environment?
Vol. 37 No. 2
SYMPOSIUM: MARBURY V. MADISON AND JUDICIAL REVIEW: LEGITIMACY,
TYRANNY AND DEMOCRACY: Samuel R. Olken, Foreword; William E.
Nelson, The Province of the Judiciary; Larry D. Kramer, The Pace and
Cause of Change; Samuel R. Olken, The Ironies of Marbury v. Madison
and John Marshall’s Judicial Statesmanship; Louis Michael Seidman,
The Secret Life of the Political Question Doctrine; Thomas W. Merrill,
Marbury v. Madison as the First Great Administrative Law Decision;
Mark Tushnet, Constitutional Hardball; Walter Kendall, Reflections on
Judicial Review and the Plight of the Poor in a World Where Nothing
Works; Maria Zas, Consular Absolutism: The Need for Judicial Review in
the Adjudication of Immigrant Visas for Permanent Residence; Jana L.
Tibben, Family Leave Policies Trump States’ Rights: Nevada Department
of Human Resources v. Hibbs and Its Impact on Sovereign Immunity
Jurisprudence
Vol. 37 No. 3
EMPLOYEE BENEFITS SYMPOSIUM: Kathryn J. Kennedy, Dedication;
David Wray, Foreword; Donald T. Bogan, ERISA: Rethinking Firestone in
Light of Great-West – Implications for Standard of Review and the Right
to a Jury Trial in Welfare Benefit Claims; Ellen A. Bruce and John
Turner, Lost Pension Money: Who is Responsible? Who Benefits?; Mark D.
DeBofsky, The Paradox of the Misuse of Administrative Law in ERISA
Benefit Claims; Barry Kozak, The Cash Balance Plan: An Integral
Component of the Defined Benefit Plan Renaissance; Steven R. Lifson,
Practical Planning Ideas for Distributions from IRAs and Qualified Plans;
Dana M. Muir, Counting the Cash: Disclosure and Cash Balance Plans;
Nikolay A. Ouzounov, Keeping Employees’ Trust: The Rocky Road Ahead
for Pension Plan Trustees; Mary Ann Leuthner, Need for a Ceasefire in the
War on the Workers: Restoring the Balance and Hope of the National
Labor Relations Act; Margaret C. McGrath, Insulin-Dependen Diabetes
and Access to Treatment in the Workplace: The Failure of the Americans
with Disabilities Act to Provide Protection; Allison Cychosz, The
Effectiveness of International Enforcement of Intellectual Property Rights
Vol. 37 No. 4
Julie Spanbauer, Dedication; Jeremy Colby, SWANCC: Full of Sound
and Fury, Signifying Nothing…Much?; Kevin M. McDonald, Separations,
Blowouts, and Fallout: A Treadise on the Regulatory Aftermath of the
Ford-Firestone Tire Recall; Nikolay A. Ouzounov, Facing the Challenge:
Corruption, State Capture and the Role of Multinational Business; Julie
Campagna, United Nations Norms on the Responsibilities of
Transnational Corporations and Other Business Enterprises With Regard
to Human Rights: The International Community Asserts Binding Law on
the Global Rule Makers; Andrew J. Boyd, Medical Marijuana and
Personal Autonomy; Timothy O’ Brien, A Dollar Short: The Impact of the
CAN-SPAM Act of 2003 on Illinois Businesses; Anita Schausten,
Retaliation Against Third Parties: A Potential Loophole in Title VII’s
Discrimination Protection; Andrzej Niekrasz, The Past is Another
Country: Against the Retroactive Applicability of the Foreign Sovereign
Immunities Act to Pre-1952 Conduct; Andrea Evensen, “Don’t Let the Sun
Go Down on Me:” An In-Depth Look at Opportunistic Business Method
Patent Licensing and a Proposed Solution to Allow Small-Defendant
Business Method Users to Sing a Happier Tune
Vol. 38 No. 1
SYMPOSIUM: REAL ESTATE IN BANKRUPTCY: A LOOK BACK FOR A BETTER
LOOK FORWARDS: Michael Bartolic, Dedication; Erin N. Graham,
Dedication; Jennifer Hagberg, Dedication; Celeste M. Hammond,
Foreword; Douglas G. Baird, Remembering Pine Gate; A. Mechele
Dickerson, Bankruptcy and Mortgage Lending: The Homeowner Dilemma;
Paul B. Lewis, 203 N. LaSalle Five Years Later: Answers to the Open
Questions; Robert M. Zinman, Precision in Statutory Drafting: The
Qualitech Quagmire and the Sad History of Section 365(h) of the
Bankruptcy Code; Gerald F. Munitz, Treatment of Real Property Liens in
Bankruptcy Cases; Paul L. Hammann & John C. Murray, Creditors’
Rights Risk: A Title Insurer’s Perspective; Brian Bassett, How to Keep the
Lights On: An Exploration of the Abrogation of Wholesale Energy
Contracts; Timothy Scahill, The Domestic Security Enhancement Act of
2003: A Glimpse Into a Post-Patriot Act Approach to Combating Domestic
Terrorism; Jeffrey Stephen Sobek, Balancing Individual Privacy Rights
and the Rights of Trademark Owners in Access to the WHOIS
Vol. 38 No. 2
Scott Fruehwald, The Boundary of Personal Jurisdiction: The “Effects
Test” and the Protection of Crazy Horse’s Name; Floyd Weatherspoon,
Racial Profiling of African-American Males: Stopped, Searched, and
Stripped of Constitutional Protection; Troy L. Booher, Finding Religion for
The First Amendment; Sue Ann Mota, Global Antitrust Enforcement: The
Sherman Act Does Not Apply Without Any Direct Domestic Effect, but
Discovery Assistance May Be Available to a Foreign Tribunal, According
to The U.S. Supreme Court; Virginia F. Milstead, State Sovereign
Immunity and the Plaintiff State: Does the Eleventh Amendment Bar
Removal of Actions Filed in State Court?; Bruce Epperson, Permitted but
Not Intended: Boub v. Township of Wayne, Municipal Tort Immunity in
Illinois, and the Right to Local Travel; James C. Munson & Christi J.
Guerrini, Avoidable Due Process Confusion: Special Use Hearings in
Illinois After Klaeren; Cecil C. Kuhne, III, Rethinking Campaign-Finance
Reform: The Pressing Need for Deregulation and Disclosure; Jeffrey D.
Waltuck, Remaining Silent: A Right With Consequences; Nathan Wilda,
David Pays for Goliath’s Mistakes: The Costly Effect Sarbanes-Oxley Has
on Small Companies
Vol. 38 No. 3
Donald T. Bogan, ERISA: State Regulation of Insured Plans After
Davila; Richard Ehrhart, Section 409A-Treasury “Newspeak” Lost in the
“Briar Patch”; Albert Feuer, When Are Releases of Claims for ERISA Plan
Benefits Effective?; Nell Hennessy, Follow the Money: ERISA Plan
Investments in Mutual Funds and Insurance; Craig C. Martin & Elizabeth
L. Fine, ERISA Stock Drop Cases: An Evolving Standard; James L.
Daniels, Violating the Inviolable: Firearm Industry Retroactive
Exemptions and the Need for a New Test for Overreaching Federal
Prohibitions; Paula Jacobi, Pharmaceutical Tort Liability: A Justifiable
Nemesis to Drug Innovation and Access; Megan McCoy, “Who’s The
Boss?”: An Analytical and Practical Approach to Determine the “Employer”
in a Defined Contribution Qualified Retirement Plan; Zubaida Qazi, In the
Wake of Gratz v. Bollinger: Standing on Thin Ice; Patrick Walsh,
Stemming the Tide of Stem Cell Research: The Bush Compromise
Vol. 38 No. 4
Louis J. Virelli III, Don’t Ask, Don’t Tell, Don’t Work: The
Discriminatory Effect of Veterans’ Preferences on Homosexuals; Matthew
R. Schreck, Preventing “You’ve Got Mail”™ From Meaning “You’ve Been
Served”: How Service of Process by E-Mail Does Not Meet Constitutional
Procedural Due Process Requirements; Nsongurua J. Udombana, A
Question of Justice: The WTO, Africa, and Countermeasures for Breaches
of International Trade Obligations; Jason A. Abel, Balancing a Burning
Cross: The Court and Virginia v. Black; Professor Ralph Ruebner, The
Evolving Nature of the Crime of Genocide; Mark W. Bina, Private Military
Contractor Liability and Accountability After Abu Ghraib; Joan Colson,
Rule of Ethics or Substantive Law: Who Controls an Individual’s Right to
Choose a Lawyer in Today’s Corporate Enviornment; Robert W. Gray, The
Applicability of Constructive Eviction, Implied Warranty of Habitability,
Common-Law Fraud, and the Consumer Fraud Act to Omissions of
Material Facts in a Commercial Lease; Daniel B. Roth, Campaign Finance
Reform, Electioneering Communications, and the First Amendment:
Resuscitating the Third Exception
Vol. 39 No. 1
Sandra Liss Friedman & Helena D. Sullivan, Optrex and the
Attorney-Client Privilege: Implications and Potential Significance;
Munford Page Hall, II, Remands in Trade Adjustment Assistance Cases;
Patricia M. McCarthy, An Importer’s Election: Whether to Invoke Attorney
Advice in Defense or to Preserve Privilege; John B. Pellegrini, What Does
Optrex Mean for the Customs Bar?; Stuart M. Rosen, Jennifer J. Rhodes,
& W. Andrew Ryu, Preliminary Injunctions: A Respondent’s Perspective;
Jeffrey M. Telep, Injunctions Against Liquidation in Trade Remedy Cases:
A Petitioners’ View; Elizabeth C. Seastrum & Matthew D. Walden;
Adjudicating International Trade Cases at the U.S. Commerce
Department: Endless Remand or Balanced Resolve?; Michael P. DiNatale,
Patients Beware: Preemption of Common Law Claims Under the Medical
Device Amendments; Lisa M. Fealk-Stickler, Regulating the Regulators:
The Impact of FDA Regulation on Corporations’ First Amendment Rights;
Meghan Riley, American Courts are Drowning in the “Gene
Pool”:Excavating the Slippery Slope Mechanisms Behind Judicial
Endorsement of DNA Databases; Nimalka Wickramasekera, Public Use or
Experimental Use: Are Clinical Trials Susceptible to Another Attack
Similar to That in Smithkline Beecham Corp. v. Apotex Corp.?
Vol. 39 No. 2
Debra Pogrund Stark, Foreword; Debra Pogrund Stark, Navigating
Residential Attorney Approvals: Finding a Better Judicial North Star; Jon
Romberg, The Hybrid Class Action as Judicial Spork: Managing
Individual Rights in a Stew of Common Wrong; Darlene C. Goring, The
History of Slave Marriage in the United States; Robin A. Boyle, Law
Students with Attention Deficit Disorder: How to Reach Them, How to
Teach Them; Dean A. Strang, Felons, Guns, and the Limits of Federal
Power; Gregory Crespi, Valuation in Cost-Benefit Analysis: Choosing
Between Offer Prices and Asking Prices as the Appropriate Measure of
Willingness to Pay; Douglas Kash and Matthew Indrisano, In the Service
of Secrets: The U.S. Supreme Court Revisits Totten; Kaycee Hopwood,
“For It’s One, Two, Three Strikes, You’re Out . . .”; Jessica Butterfield,
Blue Mourning: Postpartum Psychosis and the Criminal Insanity Defense,
Waking to the Reality of Women Who Kill Their Children; Ruth Yacona,
Manson v. Brathwaite: The Supreme Court’s Misunderstanding of
Eyewitness Identification
Vol. 39 No. 3
Honorable William J. Bauer, Dedication; Priscilla E. Ryan, Foreword;
Justin Cummins and Meg Luger Nikolai, ERISA Reform in a Post-Enron
World; Craig C. Martin, Matthew J. Renaud & Omar R. Akbar, What’s up
on Stock-Drops? Moench Revisited; Mark Casciari and Ian Morrison,
Should the Securities Exchange Act be the Sole Federal Remedy for an
ERISA Fiduciary Misrepresentation of the Value of Public Employer
Stock?; David Pratt, Standards of Practice for Pension Practitioners; Paul
M. Secunda, Inherent Attorney Conflicts of Interest Under ERISA: Using
the Model Rules of Professional Conduct to Discourage Joint
Representation of Dual Role Fiduciaries; Alison McMorran Sulentic, Can
Systems Analysis Help Us to Understand C.O.B.R.A.?: A Challenge to
Employment-Based Health Insurance; Larry Grudzien, The Great
Vanishing Benefit, Employer Provided Retiree Medical Benefits: The
Problem And Possible Solutions; Colleen E. Medill, Resolving The Judicial
Paradox Of “Equitable” Relief Under ERISA Section 502(A)(3); John F.
Hiltz, Uniform Laws or State Immunity? The Constitutionality of Section
106(a) After Seminole; Ezra Spilke, Adjudicated on the Merits?: Why the
AEDPA Requires State Courts to Exhibit Their Reasoning; Jeffrey
Hoskins, Negligent Infliction of Emotional Distress: Recovery is
Foreseeable
Vol. 39 No. 4
Mark L. Jones, Fundamental Dimensions of Law and Legal
Education: An Historical Framework – A History of U.S. Legal Education
Phase I: From the Founding of the Republic Until the 1860s; Richard H.W.
Maloy, The “Priority Statute” – The United States’ “Ace-in-the-Hole”;
Jeffrey A. Parness, No Genetic Ties, No More Fathers: Voluntary
Acknowledgment Rescissions and Other Paternity Disestablishments
Under Illinois Law; Paul A. Clark, Limiting the Presidency to Natural
Born Citizens Violates Due Process; Frank Adams, Why Legislative
Findings Can Pad-Lock Redistricting Plans in Racial-Gerrymandering
Cases; Walter M. Frank, Making our Congressional Elections More
Competitive; A Proposal for a Limited Number of Statewide At-Large
Elections in Our More Populous States; Vasiliki Agorianitis, Being
Daphne’s Mom: An Argument for Valuing Companion Animals as
Companions; Timothy Tommaso, Disparate Impact and the ADEA: So,
Who is Going to be in the Comparison Group?; Benjamin Burnham,
Hitching a Ride: Every Time You Take a Drive, the Government is Riding
With You; Renee Labuz, Shareholders’ Rights to a Cause of Action Under
the Investment Company Act of 1940 Following Exxon Mobil v. Allapattah
Vol. 40 No. 1
L. Darnell Weeden, Hurricane Katrina and the Toxic Torts
Implications of Environmental Injustice in New Orleans; Amy D. Ronner,
Dostoyevsky and the Therapeutic Jurisprudence Confession; Steven M.
Puiszis, Developing Trends with the Class Action Fairness Act of 2005;
Surabhi Ranganathan, Reconceptualizing the Boundaries of
“Humanitarian” Assistance: “What’s in a Name” or “The Importance of
Being ‘Earnest’”?; Reuven (Ruvi) Ziegler, The French “Headscarves Ban”:
Intolerance or Necessity?; Justin R. Watkins, Always Low Prices, Always
at a Cost: A Call to Arms Against the Wal-Martization of America; Jessica
Lynn Mok O’Neill, If You Love Me Dear, Please Sign Here: Will the “Love
Contract” Play a Role in Protecting Employers from Sexual Harassment
Liability?; John Heintz, Political Currency and Hard Currency: The No
Child Left Behind Act Turns Three; Andrea Koklys, Second Chance for
Justice: Reevaluation of the United States Double Jeopardy Standard
Vol. 40 No. 2
REAL ESTATE LAW SYMPOSIUM: Celeste M. Hammond, Foreword;
Richard H. Chused, The Roots of Jack Spring v. Little; Mary Spector,
Tenant Stories: Obstacles and Challenges Facing Tenants Today; Mary
Marsh Zulack, If You Prompt Them, They Will Rule: The Warranty of
Habitability Meets New Court Information Systems; Robert G. Schwemm,
Why Do Landlords Still Discriminate (and What Can Be Done About It)?;
Lloyd T. Wilson, Jr., The Beloved Community: The Influence and Legacy
of Personalism in the Quest for Housing and Tenants’ Rights; David L.
Callies and Christopher T. Goodin, The Status of Nollan v. California
Coastal Commission and Dolan v. City of Tigard after Lingle v. Chevron
U.S.A., Inc.; Dale A. Whitman, Deconstructing Lingle: Implications for
Takings Doctrine; Richard A. Epstein, From Penn Central to Lingle: The
Long Backwards Road; Debra Pogrund Stark, How Do You Solve a
Problem Like in Kelo?; William Glunz, Granholm v. Heald: The Twenty-
First Amendment Takes Another Hit – Where Do States Go from Here?;
Amanda Draper, Identity Theft: Plugging the Massive Data Leaks with a
Stricter Nationwide Breach-Notification Law; Robert Connolly,
Legitimizing Private Placement Broker-Dealers Who Deal with Private
Investment Funds: A Proposal for a New Regulatory Regime and a
Limited Exception to Registration
Vol. 40 No. 3
EMPLOYEE BENEFITS LAW SYMPOSIUM: Kathryn L. Moore, Foreword;
Alison McMorran Sulentic, Secrets, Lies & ERISA: The Social Ethics of
Misrepresentations and Omissions in Summary Plan Descriptions; David
Pratt, The Past, Present and Future of Health Care Reform: Can It
Happen?; Mark D. DeBofsky, What Process Is Due in the Adjudication of
ERISA Claims?; Craig C. Martin & Joshua Rafsky, The Pension Protection
Act of 2006: An Overview of Sweeping Changes in the Law Governing
Retirement Plans; Barry Kozak & Joshua Waldbeser, Much Ado About the
Meaning of “Benefit Accrual”: The Issue of Age Discrimination in Hybrid
Cash Balance Plan Qualification Is Dying but Not Yet Dead; Kathryn L.
Moore, Book Review: The Battle for Social Security: From FDR’s Vision to
Bush’s Gamble, Nancy J. Altman; Albert Feuer, Who Is Entitled to
Survivor Benefits from ERISA Plans?; Adrienne Detanico, Banning
Smoking in Chicago’s Social Scene: Protecting Labor and Broadening
Public Health Policy; Bonny Bumiller, Legalized Gaming and Political
Contributions: When the Diceman Cometh, Will Corruption Goeth?
Vol. 40 No. 4
GAMING LAW SYMPOSIUM: Heidi McNeil Staudenmaier & Ruth K.
Khalsa, Theseus, the Labyrinth, and the Ball of String: Navigating the
Regulatory Maze to Ensure Enforceability of Tribal Gaming Contracts; I.
Nelson Rose, Gambling and the Law®: The International Law of Remote
Wagering; Anthony N. Cabot & Louis V. Csoka, Fantasy Sports: One Form
of Mainstream Wagering in the United States; William N. Thompson,
Robert W. Stocker, II & Peter J. Kulick, Remedying the Lose-Lose Game of
Compulsive Gambling: Voluntary Exclusions, Mandatory Exclusions, or
an Alternative Method?; D. Michael McBride, III & H. Leonard Court,
Labor Regulation, Union Avoidance and Organized Labor Relations
Strategies on Tribal Lands: New Indian Gaming Strategies in the Wake of
San Manuel Band of Indians v. National Labor Relations Board; Cory
Aronovitz & Jon Topolewski, Casenote: The Emerald Casino Fiasco; Anne
Skrodzki, Signing Statements and the New Supreme Court: The Future of
Presidential Expression; Christine Niemczyk, Boxing Out Big Box
Retailers: The Legal and Social Impact of Big Box Living Wage
Legislation; Michael Hopkins, Hemlock in the Marketplace: How Freedom
of the Press for College Newspapers Poisons the First Amendment; Ronald
Neroda, A Winner for the Windy City: A Comment in Support of
Establishing a Land-Based Casino in the City of Chicago
Vol. 41 No. 1
Michel Rosenfeld, Dedication; Philip K. Hamilton, Should Statements
Made by Patients During Psychotherapy Fall Within the Medical
Treatment Hearsay Exception? An Interdisciplinary Critique; Carl J.
Circo, Placing the Commercial and Economic Loss Problem in the
Construction Industry Context; Keith H. Beyler, Expert Testimony
Disclosure Under Federal Rule 26: A Proposed Amendment; Cristina
Rodríguez, The FDA Preamble: A Backdoor to Federalization of
Prescription Warning Labels?; William R. Everding, “Heads-I-Win, Tails-
You-Lose”: The Predicament Legitimate Small Entities Face post eBay and
the Essential Role of Willful Infringement in the Four-Factor Permanent
Injunction Analysis; Natalie Hinton, Curing the BOP Plague with Booker:
Addressing Inadequate Medical Treatment in the Bureau of Prisons; Joe
O’Brien, Is Chicago’s Plan for Transformation Promoting Integration or
Reinforcing Segregation?
Vol. 41 No. 2
Michael A. Pollard & Ann Lousin, Dedication; Daniel B. Bogart, Good
Faith and Fair Dealing in Commercial Leasing: The Right Doctrine in the
Wrong Transaction; Megan E. Mowry, Discriminatory Pay and Title VII:
Filing a Timely Claim; James R. Alexander, Roth at Fifty: Reconsidering
the Common Law Antecedents of American Obesity Doctrine; Allan L.
Karnes, Terminating Maintenance Payments when an Ex-Spouse
Cohabitates in Illinois: When is Enough Enough?; Mark D. Ginsberg &
Tricia E. McVicker, Not for the Faint of Heart: Does a Hospital Owe a
Duty to Warn a Squeamish Visitor?; Eugene Goryunov, All Rights
Reserved: Does Google's "Image Search" Infringe Vested Exclusive Rights
Granted Under the Copyright Law?; Laura C. Howard, Live Alienation:
One Super-Promoter Eliminates Competition, Concert Fans Pay the Price,
and the Sherman Act Waits in the Wings; Scott Velasquez, There Ain't No
Such Thing as a Free Lunch: A Look at State Gift Disclosure Laws and the
Effect on Pharmaceutical Company Marketing; Dustin Fisher, Selling the
Payments: Predatory Lending Goes Primetime
Vol. 41 No. 3
CLEAR SYMPOSIUM: Amy Keller, Dedication; Kathryn Kennedy,
Dedication; Nancee Alexa Barth, Foreword; John Decker, The Mission of
the Criminal Law Edit, Alignment and Reform Commission (CLEAR): An
Introductory Commentary; Judge Michael P. Toomin, Second Degree
Murder and Attempted Murder: CLEAR's Efforts to Maneuver the
Slippery Slope; Timothy P. O'Neill, The CLEAR Initiative and Mental
States: 1½ Problems Solved; Theodore A. Gottfried & Peter G. Baroni,
Presumptions, Inferences, and Strict Liability in Illinois Criminal Law:
Preempting the Presumption of Innocence; Terri L. Mascherin, Andrew
Vail, & Jennifer L. Dlugosz, Reforming the Illinois Criminal Code: Where
the CLEAR Commission Stopped Short of Its Goals; John J. Cullerton,
Kirk W. Dillard, James B. Durkin, Robert S. Molaro & Peter G. Baroni,
The Illinois Criminal Code of 2009: Providing Clarity in the Law; Nancee
Alexa Barth, "I'd Grab at Anything. And I'd Forget." Domestic Violence
Victim Testimony After Davis v. Washington; Michael Duffy,
Nontestimonial Declarations Against Penal Interest: Eschewing the
Corroboration Requirement for Inculpatory Statements After Crawford
Vol. 41 No. 4
EMPLOYEE BENEFITS LAW SYMPOSIUM: William S. Weltman, Dedication
of Issue to Dean Emeritus Fred F. Herzog; Ann M. Lousin, Remarks at
Memorial Service for Dean Emeritus Fred F. Herzog; Gerald E. Berendt,
Herzog Memorial Service: Fred's Life; Jonathan Berry Forman, Foreword;
Joshua Waldbeser, Case Note: Golden Gate Restaurant Association v. City
and County of San Francisco: Setting the Stage for Supreme Court Review
of the Most Important Preemption Matter in the History of ERISA; Debra
A. Davis, How Much is Enough? Giving Fiduciaries and Participants
Adequate Information About Plan Expenses; Craig C. Martin, Matthew J.
Renaud, & Douglas A. Sondgeroth, Yeaka Boom: Coming Developments in
ERISA Litigation Due to Social, Demographic, and Financial Pressures
From the Baby Boom Generation; Kathryn L. Moore, The Future of Social
Security: Principles to Guide Reform; David Pratt, Retirement in a Defined
Contribution Era: Making the Money Last; John Sanchez, The Vesting,
Modification, and Financing of Public Retiree Health Benefits in Light of
New Accounting Rules; Yves Stevens, European and American Issues in
Employee Benefits Law Compared; Aimee Deverall, Make the Dream a
Reality: Why Passing the Dream Act is the Logical First Step in Achieving
Comprehensive Immigration Reform; Christopher L. Dore, What to Do
With Omar Khadr? Putting a Child Soldier on Trial: Questions of
International Law, Juvenile Justice, and Moral Culpability
Vol. 42 No. 1
Michael J. Kasper, Magic Words and Millionaires: The Supreme
Court's Assault on Campaign Funding; Kali Murray, First Things, First:
A Principled Approach to Patent Administrative Law; Barnett P.
Ruttenberg & Thomas Gianturco, An Analysis of the Contraction of
Limited Tort Immunity for Recreational Liability in Illinois; Robert
Sprague, Orwell was an Optimist: The Evolution of Privacy in the United
States and Its De-Evolution for American Employees; Pamela Begaj, An
Analysis of Historical and Legal Sanctuary and a Cohesive Approach to
the Current Movement; Michael DeMarino, Rule 2019: The Debtor's New
Weapon; Adam Doeringer, Rehabilitating Juvenile Sex Offenders with a
Life Sentence; Katherine Zogas, The Clean Water Act's Antidegradation
Policy: Has It Been "Dumped"?
Vol. 42 No. 2
Editorial Board 2008-2009, Dedication of issue to Chief Justice
Thomas R. Fitzgerald; Michael L. Closen & Charles N. Faerber, The Case
That There is a Common Law Duty of Notaries Public to Create and
Preserve Detailed Journal Records of Their Official Acts; Mark J.
Sundahl, The Living Constitution of Ancient Athens: A Comparative
Perspective on the Originalism Debate; Catherine R. Caifano, When the
Music Stops, Why Not Require Certain Title VII Plaintiffs to Find a Chair
on Which to Rest Their Complaint?; Michael R. Pieczonka, The Largest
Loophole in Federal Tax Law: Preferential Capital Gain Treatment for
Private Equity and Hedge Fund Managers’ Carried Interests; Ghazal
Sharifi, Is the Door Open or Closed? Evaluating the Future of the Federal
Medical Peer-Review Privilege
Vol. 42 No. 3
ORGANIZING AND LAW IN THE OBAMA ERA: COMMEMORATING THE 100TH
ANNIVERSARY OF SAUL ALINSKY’S BIRTH: Ghazal Sharifi, Dedication to
Belle R. and Joseph H. Braun; Walter J. Kendall III, Foreward—Alinsky
Conference; Corey S. Shdaimah, Lawyers and the Power of Community:
The Story of South Ardmore; Scott L. Cummings, Commentary—A
Pragmatic Approach to Law and Organizing: A Comment on “The Story of
South Ardmore”; Gerald N. Rosenberg, Saul Alinsky and the Litigation
Campaign to Win the Right to Same-Sex Marriage; Laura Beth Nielsen,
Social Movements, Social Process: A Response to Gerald Rosenberg; Peter
Dreier, Organizing in the Obama Era: A Progressive Moment or a New
Progressive Era?; Barbara L. Bezdek, Alinsky’s Prescription: Democracy
Alongside Law; Scott N. Gilbert, You Can Move in But You Can’t Stay: To
Protect Occupancy Rights After Halprin, the Fair Housing Act Needs to Be
Amended to Prohibit Post-Acquisition Discrimination; Lisa K. Johnson,
The IRS’s Flawed Solution to the Controversy over Deductable Claims
Against the Estate and the Necessity for a Date-of-Death Standard;
Kimberly Wise, Peering into the Judicial Magic Eight Ball: Arbitrary
Decisions in the Area of Juror Removal
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