2014 Note Selections Announced

Please join us in congratulating the  following students whose notes have been chosen for publication:
  • Best Note:  Nathaniel Wackman, Historical Cellular Location Information and the Fourth Amendment
  • Nisha Chandran, The Privilege of PR: An Analysis of Applying the Attorney-Client Privilege to Crisis Communications Consultants
  • Alexis Dyschkant, Legal Personhood: How We Are Getting It Wrong
  • Brian Enright, The Constitutional “Terra Incognita” of Discretionary Concealed Carry Laws
  • Alyssa Falk, As Easy as Shooting Fish in a Barrel? Why Private Game Reserves Offer a Chance to Save the Sport of Hunting and Conservation Practices
  • Alex Garel-Frantzen, CERCLA § 309 and Beyond: Statutes of Limitations, Rules of Repose, and the Broad Implications of Waldburger v. CTS Corp. Outside    the Context of Environmental Law
  • Anika Hermann, Demolishing the Schoolhouse Gate: Tinkering with the Constitutional Boundaries of Punishing Off-Campus Student Speech
  • Jamie Johnson, Removing the Cloak of Amateurism: Employing College Athletes & Creating Optional Education
  • John Motylinski, E-Discovery Realpolitik: Why Rule 37(e) Must Embrace Sanctions to Ensure Lower E-Discovery Costs
  • Thanhan Nguyen, It’s About Time: Reconsidering Whether Laches Should Lie Against the Government
  • Kristal Petrovich, Extending Batson to Sexual Orientation: A Look at Smithkline Beecham Corp. v. Abbott Labs
  • Bryce Pfalzgraf, Taxing the Keg: An Analysis on the Potential Effects of Changing the Federal Excise Tax on Beer
  • Jared Pickman, Checking Faith at the Door: For-Profit Corporations, Religious Exercise, and the HHS Mandate
  • Kate Poorbaugh, Security Protocol: A Procedural Analysis of the Foreign Intelligence Surveillance Courts
  • Benjamin Sunshine & Victor Pereyra, Access-to-Justice v. Efficiency: An Empirical Study of Settlement Rates After Twombly & Iqbal
  • Nicholas Vallorano, Illinois Constitution Revisited, Time to Merge the State Treasurer and Comptroller

A Call for Symposia

This summer, the Law Review’s Board of Editors intends to select a Symposium for publication in the journal’s 2016 Volume.  If you are organizing a conference, please submit a Symposium proposal in electronic form to me no later than June 1, 2014.  If exceptional circumstances require submitting a proposal after this deadline, please contact me as soon as possible.  Symposium applicants should prepare a written proposal including the following:
1.      A background discussion of the area of scholarship in which the symposium is situated.
2.      A description of the subject matter of the symposium.
3.      A discussion of the contribution the symposium will make to legal scholarship.
4.      A preliminary list of contributors, attendees, or invitees.
Proposals should be no longer than six pages.  The Symposium will be selected by majority vote of the Board of Editors.  The Board intends to announce its decision by July 1, 2014.
We look forward to considering your submissions.  Please do not hesitate to contact me if you have any questions or concerns.
Nicholas R. Vallorano
Editor-in-Chief, University of Illinois Law Review
2014-2015 Term

Volume 2014, Number 1

The Board of Editors is pleased to present Issue 1 of the 2014 Volume of the Illinois Law Review.

First, Professors Osofsky & Wiseman develop a novel theory of energy governance and use it to assess how institutional innovation can help meet critical modern energy challenges.  Building from their prior work arguing for a dynamic approach to energy federalism, this Article focuses on the potential of institutions that are “hybrid” by virtue of including public and private actors from several governance levels and enabling important interactions among them.

Next, Professor Weidemaier uses a unique data set of sovereign bonds to explore how international financial contracts responded to the legal and policy initiatives in the United States that abandoned the doctrine of absolute immunity.  The Article demonstrates that the Foreign Sovereign Immunities Act of 1976 prompted a major shift in contracting practices despite investors’ continued indifference to legal enforcement and argues that contract theory must recognize that a wider range of forces may prompt boilerplate to change.

Following, Professor Hoffer argues that providing a single test for contract defense cases of misrepresentation and mistake with recourse to punitive damages in cases of fraud would harmonize the defenses with their normative underpinnings and eliminate inefficient redundancies in the common law.

Next, Professor Miller  explores the error-cost-based approach to IP statutes, arguing that the time is ripe for more effective interbranch dialogue on IP law, since the America Invents Act of 2011—comprising some of the most significant changes to patent law since the 1952 Patent Act—came fully into force in March 2013.

Further, Professor Shafir describes the results of empirical research done into decision making under conditions of plenty and of scarcity. Among the topics examined in the studies are the impact of easier versus more imposing financial challenges on cognitive capacity, the psychology of borrowing, and the potential impact of financial concerns on other, nonfinancial behaviors.

The issue concludes with notes by Dawson J. Price, Kristen L. Sweat, and Jacqueline G. Waldman.