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The issues listed below and unbound volumes of The John Marshall Law Review are still available from The John Marshall Law Review, Att’n: Managing Editor, 315 South Plymouth Court, Chicago, Illinois 60604, at the following prices: single issues $10.00 (International – $16.00); unbound volumes $22.00 (International – $35.00); and bulk rates available upon request. Order forms are available online at: http://lawreview.jmls.edu/subscribe/. Back issues are also available in electronic format at http://heinonline.org/.

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

Vol. 42 No. 4
EMPLOYEE BENEFITS LAW SYMPOSIUM: Jonathan Barry Forman, Funding Public Pension Plans; Susan E. Cancelosi, VEBAs to the Rescue: Evaluating One Alternative for Public Sector Retiree Health Benefits; Thomas J. McCarthy & John M. Power, Two Decades After Beech: Confusion Over the Admissibility of Expert Opinions in Public Records; Kate E. Bloch, Cognition and Star Trek™: Learning and Legal Education; Whitney Innes, The Unaccountability of the Accounting Regulators: Analyzing the Constitutionality of the Public Company Accounting Oversight Board; Dean Kalant, Who’s in Charge Here? Requiring More Transparency in Corporate America: Advancements in Beneficial Ownership for Privately Held Companies; Oksana Koltko, Chasing Profits—Disregarding Values: Legal Persona of Elite Schools and Their Destructive Tax-Exempt Status; Lauren Sylvester, Redefining Disposable Income in Chapter 13 Plans: Moving Forward into a “New Era in the History of Bankruptcy Law”

Vol. 43 No. 1
Ambassador Hans Corell, Commentary: International Prosecution of Heads of State for Genocide, War Crimes, and Crimes Against Humanity; Clay Calvert, Kayla Gutierrez, Karla D. Kennedy, & Kara Carnley Murrhee, David Doe v. Goliath, Inc.: Judicial Ferment in 2009 for Buisness Plaintiffs Seeking the Identities of Anonymous Online Speakers; Frederick B. Jonassen, The Law and the Host of The Canterbury Tales; Steven R. Morrison, When Is Lying Illegal? When Should It Be? A Critical Analysis of the Federal False Statements Act; William Arthur Wines, Observations on Leadership: Moral and Otherwise; Randah Atassi, Silencing Tory Bowen: The Legal Implications of Word Bans in Rape Trials; Jisoo Kim, Confessions of a Whistleblower: The Need to Reform the Whistleblower Provision of the Sarbanes-Oxley Act; Jeremy Macklin, The Puzzling Case of Max Feinberg: An Analysis of Conditions in Partial Restraint of Marriage; John Ochoa, Ride at Your Own Risk: Bicycling and Government Tort Immunity in Illinois

Vol. 43 No. 2
REAL ESTATE LAW AND PRACTICE SYMPOSIUM: Celeste M. Hammond, Foreword; Lincoln L. Davies, East Going West?: The Promise of Assured Supply Laws in Modern Real Estate Development; Julian Conrad Juergensmeyer, Rainwater Recapture: Development Regulations Promoting Water Conservation; Richard J. Roddewig, Law as Hidden Architecture: Law, Politics, and Implementation of the Burnham Plan of Chicago Since 1909; Virginia M. Harding, Burnham, Water, and the Plan of Chicago: A Historical Explanation of Why Water Was Ignored and the Consequences of Ignoring Water; Adam Dauksas, Doninger’s Wedge: Has Avery Doninger Bridged the Way for Internet Versions of Matthew Fraser?; Paul McNaughton, Photo Enforcement Programs: Are they Permissible Under the United States Constitution?; Chris Williams, The Communications Decency Act and New York Times v. Sullivan: Providing Public Figure Defamation a Home on the Internet

Vol. 43 No. 3
INTERNATIONAL JUSTICE IN THE 21ST CENTURY: THE LAW AND POLITICS OF THE INTERNATIONAL CRIMINAL COURT: Shahram Dana, Foreword: Law, Justice & Politics: A Reckoning of the International Criminal Court; Judge Philippe Kirsch, The International Criminal Court: From Rome to Kampala; William A. Schabas, Victor’s Justice: Selecting “Situations” at the International Criminal Court; Brian D. Lepard, How Should the ICC Prosecutor Exercise His or Her Discretion? The Role of Fundamental Ethical Principles; Rod Rastan, Comment on Victor’s Justice & the Viability of Ex Ante Standards; Kenneth S. Gallant, International Criminal Courts and the Making of Public International Law: New Roles for International Organizations and Individuals; Lisa J. Laplante, The Domestication of International Criminal Law: A Proposal for Expanding the International Criminal Court’s Sphere of Influence; Jordan J. Paust, The International Criminal Court Does Not Have Complete Jurisdiction over Customary Crimes Against Humanity and War Crimes; Stuart Ford, The International Criminal Court and Proximity to the Scene of the Crime: Does the Rome Statue Permit All of the ICC’s Trials to Take Place at Local or Regional Chambers?; Zachary D. Kaufman, The Nuremberg Tribunal v. The Tokyo Tribunal: Designs, Staffs, and Operations; Chief Justice Robert French, Protecting Human Rights Without a Bill of Rights; Victoria D. Noel, The Exclusionary Rule Applied to Coerced Statements from Nondefendants; Steven M. Novak, Everyone Knows Medellin; Has Anyone Heard of O’Brien? Reconciling the United States and the International Community by Amending the VCCR; Mary Ann Scholl, GPS Monitoring May Cause Orwell to Turn in His Grave, But Will it Escape Constitutional Challenges? A Look at GPS Monitoring of Domestic Violence Offenders in Illinois

Vol. 43 No. 4
James J. Knicely & John W. Whitehead, In God We Trust: The Judicial Establishment of American Civil Religion; Eric H. Franklin, How to Avoid the Constraints of Rule 10b-5(b): A First Circuit Guide for Underwriters; Adam H. Morse, Second-class Citizenship: The Tension between the Supremacy of the People and Minority Rights; Margaret Ryznar, International Commercial Surrogacy and Its Parties; Jennifer Barton, Running from the United States Treasury: The Need to Reform the Taxation of Multinational Corporations; Katie Simpson-Jones, Unlawful Infringement or Just Creative Expression? Why DJ Girl Talk May Inspire Congress to “Recast, Transform, or Adapt” Copyright; David Weldon, Forgotten Namesake: The Illinois Good Samaritan Act’s Inexcusable Failure to Provide Immunity to Non-Medical Rescuers; Andrew Wrona, How Far Can the Automobile Exception Go? How Searches of Computers and Similar Devices Push It to the Limit

Vol. 44 No. 1
Susan C. Hascall, Shari’ah and Choice: What the United States Should Learn from Islamic Law about the Role of Victims’ Families in Death Penalty Cases; Steven J. André, The Transformation of Freedom of Speech: Unsnarling the Twisted Roots of Citizens United v. FEC; Gloria J. Liddell, Pearson Liddell, Jr. & Michael J. Highfield, Does an Economic Crisis Merit a Prima Facie Finding of “Exigent Circumstances” or Other Emergency Relief? The Impact of the Credit Counseling Provision of BAPCPA upon Distressed Homeowners in a Severe National Economic Downturn; Andrew D. Appleby, For the Love of the Game: The Justification for Tax Exemption in Intercollegiate Athletics; Katie Galanes, The Contradiction: Animal Abuse—Alive and Well; Patrick Goodwin, The Hobbs Act through the Rivera-Rivera Looking Glass: A Mere Intrusion upon Basic Fundamental Federalism Principles?; Nathan B. Grzegorek, The Price of Admission: How Inconsistent Enforcement of Antitrust Laws in America’s Live Entertainment Sector Hurts the Average Consumer; Marissa Mazza, Are You Covered? The Need for Improvement in Insurance Coverage for Autism Spectrum Disorder

Vol. 44 No. 2
Victor E. Schwartz & Christopher E. Appel, Reshaping the Traditional Limits of Affirmative Duties under the Third Restatement of Torts; Mark C. Niles, Punctuated Equilibrium: A Model for Administrative Evolution; Harvey Gee, In Order to Be Silent, You Must First Speak: The Supreme Court Extends Davis’s Clarity Requirement to the Right to Remain Silent in Berghuis v. Thompkins; Phillip Ruben Nava, Equal Access Struggle: Counter-Military Recruitment on High-School Campuses; Ryan Charlson, Flying Blind: The Lack of Uniformity in Federal Pleading after Twombly and Iqbal; Andrew Meyer, Barnes-Wallace v. City of San Diego: “Psychological Injury” and Its Effect on Standing; Brian Welch, Unconscionable Amateurism: How the NCAA Violates Antitrust by Forcing Athletes to Sign Away Their Image Rights; Tasha Weisman, Denying Relief to the Persecutor: An Argument in Favor of Adopting the Dissenting Opinion of Negusie v. Holder

Vol. 44 No. 3
THE IMPACT OF CITIZENS UNITED: CORPORATE SPEECH IN THE 2010 ELECTIONS: Steven D. Schwinn, Foreword: The Impact of Citizens United; Thomas E. Mann, Commentary: Campaign Finance in the Wake of Citizens United; Peter L. Francia, Back to the Future? The Effects of Citizens United v. FEC in the 2010 Election; Monica Youn, Small-Donor Public Financing in the Post-Citizens United Era; David H. Gans & Douglas T. Kendall, A Capitalist Joker: The Strange Origins, Disturbing Past, and Uncertain Future of Corporate Personhood in American Law; Ilya Shapiro & Caitlyn W. McCarthy, So What if Corporations Aren’t People?; Atiba R. Ellis, Citizens United and Tiered Personhood; Rhandi Childress, Convicted by a Sleeping Jury: Harmless Error or a Challenge to the Integrity of our Criminal Justice System?; Carson Griffis, Ending a Peculiar Evil: The Constitution, Campaign Finance Reform, and the Need for a Change in Focus after Citizens United v. FEC; Brent Wilson, The “Current Monthly Income” Debate: Unemployment Compensation as a “Benefit Received under the Social Security Act”?

Vol. 44 No. 4
Martin A. Kotler, Tort Reform and Implied Conflict Preemption; Steven C. Bennett, Regulating Online Behavioral Advertising; Jenny W.L. Osborne, One Day Criminal Careers: The Armed Career Criminal Act’s Different Occasions Provision; Andrew Burtless, Limiting a Limitless Defense: A Case for Reviving the State Secrets Protection Act; Melissa Travis, The Three Cs Versus the Dinosaur: Updating the Technologically Archaic FDCPA to Provide Consumers, Collectors, and Courts Clarity; Mallory Yontz, Amending the Prison Litigation Reform Act: Imposing Financial Burdens on Prisoners over Tax Payers; David Johnsen, Free Speech on the Battlefield: Protecting the Use of Social Media by America’s Soldiers; Peter Follenweider, Zero Tolerance: A Proper Definition

Vol. 45 No. 1
Dr. Dwight Bashir, Commentary: Religious Freedom under Assault in the Middle East: An Imperative for the U.S. and International Community to Hold Governments to Account; Stephanie G. Forbes, Following You Here, There, and Everywhere; An Investigation of GPS Technology, Privacy, and the Fourth Amendment; Sarah J. Webber, Don’t Burst the Bubble: An Analysis of the First-Time Homebuyer Credit and Its Use as an Economic Policy Tool; Andrea MacIver, Suicide Causation Experts in Teen Wrongful Death Claims: Will They Assist the Trier of Fact?; Laura Pavlik Raatjes, School Discipline of Cyber-Bullies: A Proposed Threshold That Respects Constitutional Rights; Jeremy A. Liabo, The New Threat to Financial Reform: The End-User Exception to Dodd-Frank Mandatory Swap Clearance; Morgan Marcus, A Delayed Penalty: The Implications of the Ilya Kovalchuk Arbitration Decision on the National Hockey League; Bradley Schaufenbuel, Revisiting Reader Privacy in the Age of the E-Book; Patrycja Rynduch, The United States of Immigration: A Nation in Crisis. How Fear Has Shaped Immigration Law and Has Led Us to Question Basic Constitutional Rights

Vol. 45 No. 2
REAL ESTATE LAW AND PRACTICE SYMPOSIUM: Celeste M. Hammond, Foreword; Fred Bosselman, The Twilight of National Land Use Policy; Patricia E. Salkin, The Quiet Revolution and Federalism: Into the Future; Daniel R. Mandelker, Implementing State Growth Management Programs: Alternatives and Recommendations; David L. Callies, It All Began in Hawai’i; Edward J. Sullivan, The Quiet Revolution Goes West: The Oregon Planning Program 1961-2011; Nancy Stroud, A History and New Turns in Florida’s Growth Management Reform; John S. Banta, Esq., The Adirondack Park Land Use and Development Plan and Vermont’s Act 250 After Forty Years; Megan Preusker, Criminal Sentencing Under the Advisory Guidelines and the Ex Post Facto Clause; Svetlana Gitman, (Dis)service of Process: The Need to Amend Rule 4 to Comply with Modern Usage of Technology; Stephanie Claiborne, Is It Justice or a Crime to Record the Police?: A Look at the Illinois Eavesdropping Statute and Its Application; Ryan Linsner, Ensuring Adequate Compensation to the Victims of the Deepwater Horizon Explosion: Who Says You Can’t Teach an Old Dog New Tricks?

Vol. 45 No. 3
THE 10TH ANNUAL EMPLOYEE BENEFITS SYMPOSIUM: THE PAST, PRESENT, AND FUTURE OF SUPREME COURT JURISPRUDENCE ON ERISA: Colleen E. Medill, Foreword; José Martin Jara, What Is the Correct Standard of Prudence in Employer Stock Cases?; John D. Blum and Gayland O. Hethcoat II, Medicaid Governance in the Wake of National Federation of Independent Business v. Sebelius: Finding Federalism’s Middle Pathway, from Administrative Law to State Compacts; Albert Feuer, How the Supreme Court and the Department of Labor May Dispel Myths About ERISA’s Family Law Provisions and Protect the Benefit Entitlements that Arise Thereunder; Susan Harthill, The Supreme Court Fills a Gaping Hole: CIGNA Corp. v. Amara Clarifies the Scope of Equitable Relief Under ERISA; David Pratt, Summary Plan Descriptions After Amara; Kevin Wiggins, Medical Provider Claims: Standing, Assignments, and ERISA Preemption; Lucas Walker, Purpose over Formality: Putting an End to the Catch-22 Preventing Workers from Speaking Up About ERISA Benefit Abuse; Kristen Zaharski, Gambling on Goldilocks: Illinois Medical Malpractice Damages Caps and the Quest for “Just Right” Reform; Meredith Fileff, Hospital Visitation: The Forgotten Gay Rights Struggle; Alexandros Stamatoglou, The Physician Payment Sunshine Act: An Important First Step in Mitigating Financial Conflicts of Interest in Medical and Clinical Practice

Vol. 45 No. 4
Johanna K.P. Dennis, “Mommy, Where Is Home?”: Imputing Parental Immigration Status and Residency for Undocumented Immigrant Children; Susan Bendlin, Qualified Immunity: Protecting “All but the Plainly Incompetent” (and Maybe Some of Them, Too); Ricardo A. Sunga III, On Locating the Rights of Lost; Emily C. Kendall, Guy Fawkes’s Dangerous Remedy: The Unconstitutionality of Government-Ordered Assassination Against U.S. Citizens and Its Implications for Due Process in America; Jason Brewer, Updating the Patent System’s Novelty Requirement to Promote Small-Molecule Medicinal Progress; Blake Korb, Holding Our Breath: Waiting for the Federal Government to Recognize Coal Ash as a Hazardous Waste; Jeremiah Stephan, Battling PTSD: Getting Reservists Suffering from PTSD Back to Work Through Proposed Amendments to USERRA and VA Disability Compensation Benefits; Mark A. Swantek, A Brave New World: Credit Default Swaps and “Voluntary” Debt Exchanges

Vol. 46 No. 1
William Lynch Schaller, Corporate Opportunities and Corporate Competition in Illinois: A Comparative Discussion of Fiduciary Duties; Stephen J. Leacock, Lotteries and Public Policy in American Law; Kamille Wolff Dean, Student Loans, Politics, and the Occupy Movement: Financial Aid Rebellion and Reform; Laura C. Hoffman, Health Care for the Autistic Child in the U.S.: The Case for Federal Legislative Reform for ABA Therapy; Jordan Franklin, Where Art Thou, Privacy?: Expanding Privacy Rights of Minors in Regard to Consensual Sex: Statutory Rape Laws and the Need for a “Romeo and Juliet” Exception in Illinois; Margaret Mares, Free Speech for Judges and Due Process for Litigants: The Elimination of First and Fourteenth Amendment Mutual Exclusivity in Siefert v. Alexander; Matthew D. Martin, Fair for Whom? Amazon Kindles the Fight over Internet Sales Tax; Timothy Peterson, Cloudy with a Chance of Waiver: How Cloud Computing Complicates the Attorney-Client Privilege

Vol. 46 No. 2
Elliot Axelrod, The Efficacy of the Negative Injunction in Breach of Entertainment contracts; Angelo Guisado, Revisiting the Leveraged Buyout: Is Constructive Fraud Going Too Far?; Christopher J. Newman, A
Requiem for Protest: Angelo-American Perspectives on Protest Post-9/11; Megan E. Boyd and Adam Lamparello, Legal Writing for the “Real World”: A Practical Guide to Success; Ryanne Bush Dent, No Duty to Warn of Drug Interactions: A Dangerous Prescription; Bella Feinstein, Saving the Deific Decree Exception to the Insanity Defense in Illinois: How a Broad Interpretation of “Religious Command” May Cure Establishment Clause Concerns; Shane Nichols, A Balanced Budget Amendment Fit for the Constitution: The Elimination of Partisanship and Substantive Provisions; Jennifer L. Zyznar, The Feres Doctrine: “Don’t Let this Be it. Fight!”

Vol. 46 No. 3
G.A. (Sandy) Mackenzie & Jonathan Barry Forman, Reforming the Second Tier of the U.S. Pension System: Tabula Rasa or Step by Step?; Rowland M. Davis, F.S.A., The Tracker Plan: A Controlled Risk Defined Contribution Retirement Program; Martha Holstein, Ph.D & Kristin Pavle, MSW, The “Crisis” in Retirement Security: Social Security is the Answer, not the Problem; Joan Entmacher & Amy Matsui, Addressing the Challenges Women Face in Retirement: Improving Social Security, Pensions, and SSI; Kelli Hueler, Paula Hogan & Anna Rappaport, Public Policy and Consumer Disclosure for the Income Annuity Market; John A. Turner, Longevity Insurance: Strengthening Social Security for Older Retirees; Paul Coogan, Parent in Life, Stranger at Law: Addressing the Inequality and Inconsistency of Parentage Rights of Same-Sex Parents; Shane Devins, Using the Language of Turner v. Rogers to Advocate for a Right to Counsel in Immigration Removal Proceedings; Greg Guest, Lien-Stripping in the Absence of a Discharge: Bankruptcy’s Answer to the Destruction Caused by Excessive Home Equity.

Vol. 46 No. 4
William Lynch Schaller, The Origin and Evolution of the Third Party “Refusal to Deal” Defense in Illinois Corporate Opportunity Cases; Michael R. Lasiné, Space Entrepreneurs: Business Strategy, Risk, Law, and Policy in the Final Frontier; Lars J. Nelson, When the Mesopotamian Honeymoon Ends: The Code of Hammurabi’s Assumptions About the Roles of Spouses and Problem-Solving Approach to Regulating Marriage; Alex Polikoff, Housing Voucher Mobility: An Overlooked Fair Housing Issue; Michael Rohde, Information Overload: How the Wisconsin Supreme Court Expanded the Doctrine of Informed Consent; John J. Sviokla, The Mercenary Gap: How to Protect the Constitutional Rights of American Contractors in the Age of the Private Military Firm; Sean Mullins, Innocent Until Presumed Guilty: Florida’s Mistreatment of Mens Rea and the Presumption of Innocence in Drug Possession Cases; Margaret Connery, Some Thoughts on the Pilot Program for Simultaneous Disclosure of Expert Witnesses in Cook County; Kyle McConnell, Torture by the U.S.A.: How Congress Can Ensure Our Human Rights Credibility.

Vol. 47 No. 1
William Lynch Schaller, Corporate Opportunities and the Third Party “Refusal to Deal” Defense: Policy and Practice Lessons From Illinois; Alan Reed and Nicola Wake, Potentiate Liability and Prevening Fault Attribution: The Intoxicated “Offender” and Anglo-American Dépecage Standardisations; Jennifer Simile, Intentional Grounding: Field Quality in the NFL and the Legal Ramifications for Choice of Playing Surfaces; Albert Feurer, When do State Laws Determine ERISA Plan Benefit Rights? Alex Jeffrey Whitt, When Convicts Need Not Apply Proposing Clarifications to the EEOC’s 2012 Guidelines; Jason Cooper, Clever Contraband: Why Illinois’ Lockstep with the U.S. Supreme Court gives Police Authority to Search the Bowels of Your Vehicle; Zachary Mesenbourg, Voir Dire in the #LOL Society: Jury Selection Needs Drastic Updates to Remain Relevant in the Digital Age