Seventh Circuit Review

http://scholarship.kentlaw.iit.edu/seventhcircuitreview

List of Papers (Total 25)

Storming the Persian Gates: The Seventh Circuit Denies Attachment to Iranian Antiquities

When an American citizen is injured in a terrorist attack on foreign soil, the victim has a limited ability to sue a foreign state in the United States. Even more limited is the victim's ability to execute a judgment against the foreign state. The Foreign Sovereign Immunities Act permits plaintiffs to execute a judgment against a foreign state only in limited and explicitly stated ...

Filming Police & Legal Dramas: Examining the Influence of Television Programs on the Legal Profession and Law Enforcement

Criminal trials make for inherently compelling television. There are very few things as dramatic as watching an individual being forced to defend their liberty. Because of the spectacle associated with criminal proceedings, the legal drama has evolved into a staple of television programing. Media programing like Serial and Making a Murderer can have profound effects on the ...

Is the Injury Real?: The Seventh Circuit Extends Article III Standing to Data Breach Victims

Data breaches are becoming a more frequent and more troubling part of modern life. When customer or employee information is stolen en masse, lawsuits often follow. Courts have frequently dismissed such cases very early for want of Article III standing. For purposes of standing, courts are faced with the question of whether or not the fact of a breach is sufficient for plaintiffs to ...

Tetzlaff: Has the "Undue Hardship

As the wage-market remains stagnant, and student indebtedness continues to rise, many graduates struggle to balance their student loan debt. Generally, when a debtor files for bankruptcy, her student loan debt is not dischargeable. However, under 11 U.S.C. § 523(a)(8), debtors can discharge their student loans through bankruptcy if they can prove that maintaining those student loan ...

MJ Still Winning in Chicago: The Seventh Circuit Correctly Holds That Jewel-Osco’s Use of Michael Jordan’s Likeness in Its Advertisement Constituted Commercial Speech

Sometimes businesses advertise offers for particular products or services. In addition to product advertising, businesses frequently engage in “image” advertising, where they promote their brand generally rather than a specific product. Both types of advertising may constitute commercial speech. The U.S. Supreme Court commonly defines commercial speech as “speech that proposes a ...

Conference, Conciliation, and Persuasion: The Seventh Circuit's Groundbreaking Approach to Analyzing the EEOC's Pre-Suit Obligations

In EEOC v. Mach Mining, LLC, the Seventh Circuit sharply diverged with its sister circuits when it held that the Equal Employment Opportunity Commission (EEOC)'s statutorily mandated conciliation process is immune from judicial review. In Mach Mining, the Seventh Circuit addressed the provision contained in Title VII of the Civil Rights Act of 1964 that requires the EEOC to engage ...

Don't Break the Safety Valve's Heart: How the Seventh Circuit Superimposes Substantial Assistance on the Mandatory Minimum Safety Valve's Complete Truthful Disclosure Requirement

Congress passed the safety valve to mitigate the disparate and often harsh sentences mandatory minimums impose on low-level drug defendants. But judicial interpretation continues to impose disparate sentences. In 2014, in United States v. Acevedo-Fitz, the Seventh Circuit reaffirmed its position in an ongoing circuit split regarding the safety valve. The safety valve requires ...

Yes, We Were Wrong;No, We Will Not Make It Right: The Seventh Circuit Denies Post-Conviction Relief from an Undisputed Sentencing Error Because It Occurred in the Post- Booker, Advisory Guidelines Era

Federal courts disfavor granting collateral relief from final criminal judgments. This mentality is premised on a need for finality in the criminal process; the idea that, at some point, a criminal case must come to an end. Post-conviction relief is available, however, where an error in the trial court causes a miscarriage of justice that must be remedied to preserve the integrity ...

The FTAIA in Its Proper Place: Merits, Jurisdiction, and Statutory Interpretation in Minn-Chem, Inc. v. Agrium Inc.

The Foreign Trade Antitrust Improvements Act (FTAIA) excludes anticompetitive conduct occurring in purely foreign commerce from the reach of U.S. antitrust laws. However, the act permits the application of U.S. antitrust laws to both import commerce and foreign commerce that has a “direct, substantial, and reasonably foreseeable” effect on U.S. commerce. Controversy over the act ...

Messner's Effect on Hospital Consolidation and Anticompetitive Behavior

By 2021, healthcare spending is expected to reach a whopping twenty percent of gross domestic product. One of the less-publicized causes of the rapid growth in healthcare costs is hospital consolidation, which has allowed hospitals to use their market power to raise prices for private payors. Attempts to limit abuses of market power in this sector have been insufficient. From the ...

New Civil Liability for Corporations: The Seventh Circuit Takes a Stand on the Alien Tort Statute

Many Americans may be surprised to learn that because of the Alien Tort Statute (ATS), federal courts are open to foreign plaintiffs who may bring claims against non-immune public officials for violations of international law. Recent litigation in the field has hit a speed bump, however, and the multi-million dollar question is whether the ATS covers corporations. The circuit ...

How Less Is More: The Unraveling of the Inextricable Intertwinement Doctrine Under United States v. Gorman

In July 2010, the United States Court of Appeals for the Seventh Circuit explicitly abolished the long-standing doctrine of inextricable intertwinement as a basis of admissibility for other bad acts evidence. The court held in United States v. Gorman that the doctrine had "become overused, vague, and quite unhelpful" and as such, "has outlived its usefulness." The court eliminated ...

United States v. Blagojevich: A Standard Bait and Switch

In United States v. Blagojevich, the Seventh Circuit addressed the issue of whether the presumption in favor of disclosure of jurors

The Death Knell Tolls for Reparations in In re African-American Slave Descendants Litigation

The Seventh Circuit, in its recent decision In Re Slave Descendants Litigation, dismissed the claims of plaintiffs seeking disgorgement of the profits earned by Northern companies as a result of their illegal involvement in slavery. It is the latest in a long line of reparations cases dismissed by courts for various reasons, including the statute of limitations. This Comment ...

Ding, Dong, Conley ’s Dead: Bell Atlantic Changes the Federal Pleading Standard

In EEOC v. Concentra Health Services and Airborne Beepers & Video, Inc. v. AT & T Mobility, LLC, the Seventh Circuit set out to interpret the new federal pleading standard espoused by the Supreme Court in the recent landmark case of Bell Atlantic Corp. v. Twombly. In so doing, the Seventh Circuit sought to determine what Federal Rule of Civil Procedure 8(a)(2) requires a plaintiff ...

Analyzing a Pretrial Detainee's § 1983 Claims Under the Deliberate Indifference Standard Amounts to Punishment of the Detainee

While the Eighth Amendment holds that a convicted inmate may be punished if that punishment is not “cruel and unusual,” due process requires that a pretrial detainee not be punished at all. In 1979, the Supreme Court declared that the rights of a pretrial detainee are “at least as great” as those afforded a convicted prisoner. The Seventh Circuit’s recent decision Klebanowski v. ...

Licensee Beware: The Seventh Circuit Holds That a Patent License by Any Other Name Is Not the Same

In a case of first impression, the Seventh Circuit incorrectly held that a settlement agreement for patent infringement may never be considered a license. In Waterloo Furniture Components Ltd. v. Haworth, Inc., the court mischaracterizes the nature of license agreements and their relationship to the rights of patent holders. It does so by drawing a potential false dichotomy between ...

Seventh Circuit Moves to the Head of the Class: Recent Decisions Provide a Broad Interpretation of Federal Jurisdiction Under CAFA

The Class Action Fairness Act ("CAFA") expands removal jurisdiction to include most state court class action suits that "commenced" before CAFA's enactment. The question facing many courts now is what constitutes a suit's commencement? The Seventh Circuit recently determined that the addition of new defendants or new claims that do not relate back to the original cause of action, ...

Semper Fi? The Infidelity of the Seventh Circuit in Applying a Good Moral Character Requirement to Naturalizing War Veterans

In a case of first impression, the Seventh Circuit misinterpreted naturalization statutes to hold that a good moral character requirement is applicable to aliens who served honorably in the military during times of war. The obligation of naturalizing aliens to show good moral character is listed among the residency requirements of 8 U.S.C.S. § 1427. However, 8 U.S.C.S. § 1440 ...

The Seventh Circuit’s Statutory Interpretation Misfires, Wounding the Already Fragile Freedom of Information Act

In City of Chicago v. United States Department of Treasury, Bureau of Alcohol, Tobacco, and Firearms (“ATF”), the Seventh Circuit held that the Consolidated Appropriations Act of 2005 effectively ended the long running debate over the issue of whether the contents of the Firearms Trace System databases, which the City of Chicago had requested from ATF and believed it was entitled ...

Got Rights? Not if You’re a Sex Offender in the Seventh Circuit

Sex offender legislation has grown exponentially over the past decade and in conjunction the courts have demonstrated an unwillingness to find such legislation unconstitutional. Civil commitment, public registration, and residency restrictions have uniformly been upheld. However, how far can the courts continue this trend without stripping away the fundamental rights and interests ...