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Seventh Circuit Review

Current Issue

Volume 9, Issue 1 (Fall 2013)

Introduction (contains Table of Contents, Masthead, and About the Seventh Circuit Review)


A Sight for Sore Eyes: The Seventh Circuit Correctly Interprets Section 12 of the Clayton Act
Ryan Moore
9 Seventh Circuit Rev. 1 (2013) [Full Article]  [Synopsis: 8 MB mp3]

Abstract: In order to hail a defendant into federal court, a plaintiff must establish personal jurisdiction and venue. Under general principles of federal law, personal jurisdiction is proper whenever the defendant would be amenable to suit under the laws of the state in which the federal court sits. And venue is proper in any district where the defendant "resides" (i.e., is subject to personal jurisdiction). Section 12 of the Clayton Act, however, supplements these general principles. It has a liberal service-of-process provision that allows personal jurisdiction in any federal district court in the nation. But venue is proper only in the district(s) the corporation inhabits, is found, or transacts business.[Read more...]

Constitutional Law

Distinguishing the Corporal From the Divine: Legal Fictions Create Bodies Not Souls
Daisy Ayllon
9 Seventh Circuit Rev. 21 (2013) [Full Article]  [Synopsis: 10 MB mp3]

Abstract: Can a for-profit, secular corporation exercise religion? If so, does the Affordable Care Act's requirement that employer-provided health insurance plans offer women of reproductive age contraceptives violate free exercise rights? [Read more...]

Consumer Law

Expanding the Scope of the Federal Arbitration Act: An Examination of the Seventh Circuit's Opinion in Green v. U.S. Cash Advance, Illinois, LLC
Christine L. Milkowski
9 Seventh Circuit Rev. 50 (2013) [Full Article]  [Synopsis: 4 MB mp3]

Abstract: The Roberts Court's expansive interpretation of the Federal Arbitration Act (FAA) has ushered in a new era of pro-arbitration jurisprudence, allowing lower courts to categorically enforce arbitration agreements. Underlying this zealous application is Section 2 of the FAA, which states that arbitration agreements are "valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of a contract." [Read more...]

Criminal Law

Chain Gang: Examining the Seventh Circuit's "Chain of Distribution Test" When Applying Minimum Sentences for Drug-Related Deaths
David Starshak
9 Seventh Circuit Rev. 81 (2013) [Full Article]  [Synopsis: 9 MB mp3]

Abstract: If a person dies or is seriously injured after using illegal drugs, the person who sold them the drugs is subject to mandatory minimum sentences under 21 U.S.C. § 841(b). But what happens when the person who sold the drug is a member of a drug distribution conspiracy? How can the courts go after the other members of that organization? [Read more...]

Employment Law

Honor Thy Father and Thy Mother: Religious Accommodation Under Title VII in Adeyeye v. Heartland Sweeteners, LLC
Zeke Katz
9 Seventh Circuit Rev. 110 (2013) [Full Article]  [Synopsis: 10 MB mp3]

Abstract: Title VII of the Civil Rights Act provides that an employer must reasonably accommodate an employee's request for a leave of absence due to a religious observance or practice, as long as that accommodation does not present an undue hardship for the employer. The amendments to Title VII, and the Guidelines issued by the Equal Opportunity Employment Commission in response to Title VII, reveal a trend towards a broad interpretation of religious accommodation in the workplace. The Seventh Circuit Court of Appeals continued and exemplified this trend in Adeyeye v. Heartland Sweeteners, LLC. [Read more...]

Immigration and Asylum

Gender Plus One: Broadening Judicial Interpretation of Gender-Based Social Group Formulations
Andrea Coutu
9 Seventh Circuit Rev. 150 (2013) [Full Article]  [Synopsis: 5 MB mp3]

Abstract: Individuals seeking asylum must prove past persecution or a well-founded fear of persecution on account of one of five protected grounds, one ground being membership in a particular social group. In Matter of Acosta, the Board of Immigration Appeals defined a social group as a group of persons who share an immutable characteristic, meaning a characteristic that is either unchangeable or fundamental to one's identity or conscience such that the person should not be required to change. Despite listing sex as an immutable characteristic in Acosta, courts are reluctant to accept social group formulations based on gender alone. A number of circuits, however, have recognized social groups defined by gender and one or more characteristics. In Cece v. Holder, the en banc Seventh Circuit recognized that the formulation of "gender plus one or more narrowing characteristics" is a legitimate method to form a cognizable social group. [Read more...]

Privacy Law

Your Call Is Now Being Monitored: Should Municipalities Be Liable for Unauthorized Wiretapping?
McKenna M. Prohov
9 Seventh Circuit Rev. 200 (2013) [Full Article]  [Synopsis: 8 MB mp3]

Abstract: In Seitz v. City of Elgin, the Seventh Circuit ruled that the Federal Wire Tapping Act (FWA) does not authorize a civil lawsuit against a municipality for intentionally disclosing or using electronic communications. While amendments to the FWA have expanded the potential scope of liability to reach municipalities, the court said in an opinion by Judge Joel M. Flaum that they did so only as a means of vindicating rights stated elsewhere in the Act. The decision created a circuit split, because the Sixth Circuit previously found that the FWA amendments brought municipalities within the potential ambit of liability.[Read more...]

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