Volume 2014, Number 2

The Board of Editors is pleased to present Issue 2 of the 2014 Volume of the Illinois Law Review.

First, Professor Owens et al. furthers the scholarship on Senatorial obstruction of federal court nominations by examining archival data and empirical evidence to shed light on the underlying friction between the legislative and executive branches. By specifically examining blue slip obstruction the authors discover blocking of both unqualified and ideologically distant nominees. Furthermore, the authors find that nominees to federal circuit courts are blocked just as frequently for ideological reasons as they are for their qualification. Ultimately, “stellar qualifications do not appear to mitigate the negative effects of ideological distance.”

Next, Professor Hoffman addresses recent concerns regarding private contracting around the rules of civil procedure. After an exploration into a large number of agreement databases, the pervasiveness of contracting around procedural defaults appears to be minimal. Professor Hoffman draws from the recent scholarship pertaining to contract innovation to explain this counter-intuitive result.

Next, Professor Koppelman provides a novel presentation and critique of both consequentialist and nonconsequentialist arguments against same-sex marriage. Do either of their arguments have merit?

In the final article, Professor Myers presents new empirical evidence demonstrating that serious intra-corporate disputes at public companies now attract lawsuits in multiple fora. This Article proposes to fix multi-forum shareholder litigation by creating a clear and simple mechanism for coordinating similar cases in different court systems.

The issue concludes with notes by Nicholas R. Battey, Kristin Isaacson, and Jeremy D. Roux.

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