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Seventh Circuit Review

Volume 10, Issue 2 (Spring 2015)

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

Civil Rights Law

The Twenty-Five-Year Struggle for Marriage Equality: What Impact Does the Seventh Circuit’s Jurisprudence Have on LGBT Civil Liberties?
Elly Drake
10 Seventh Circuit Rev. 248 (2015) [Full Article]  [Audio Synopsis]

Abstract: Proponents fighting for the recognition of same-sex marriage as well as the legal ability to enter into the institution of marriage have typically argued that same-sex marriage bans violate the Fourteenth and Fifth Amendments of the United States Constitution. More specifically, they argue that the bans infringe upon an individual’s fundamental right to marry, discriminate on the basis of sex, and discriminate on the basis of sexual orientation. [Read more...]

Constitutional Law

Procedural Error? Seventh Circuit Fails to Recognize “No Procedure” Is Not “Adequate Procedure”
Lyal L. Fox III
10 Seventh Circuit Rev. 308 (2015) [Full Article]  [Audio Synopsis]

Abstract: When Jerry Markadonatos was arrested in the Village of Woodridge, Illinois, he was required to pay a thirty-dollar booking fee as required by Woodridge Municipal code, without any procedural process. Mr. Markadonatos challenged this fee as a violation of due process. He eventually brought both a procedural and substantive due process claim. By the time his claim reached the Seventh Circuit it had become particularly complicated in regards to whether the claim should be properly categorized as a procedural or substantive issue and whether Mr. Markadonatos had proper standing to make either claim. [Read more...]

Employment Law

Gambling on Court Interpretations of Care: Approving Leave for Travel Under the FMLA
Heather N. Collinet
10 Seventh Circuit Rev. 345 (2015) [Full Article]  [Audio Synopsis]

Abstract: The Family and Medical Leave Act (FMLA) is a federal law passed in 1993 to account for changing demographics in the United States. Its intent is to improve work-life balance for employees while improving the overall productivity of employers. Under 29 U.S.C. § 2612, eligible employees are protected should they decide to request unpaid leave from work for the birth of a child, for adoption or fostering a child, because the employee is seriously ill, or “to care for” an employee’s family member with a serious health condition. [Read more...]

First Amendment Law

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
Michael A. Albert
10 Seventh Circuit Rev. 386 (2015) [Full Article]  [Audio Synopsis]

Abstract: 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 commercial transaction.” Although the Court has addressed this phrase’s meaning, it has never provided a comprehensive method for determining whether a given expression constitutes commercial speech. As a result, some courts interpret this phrase to apply narrowly in scope, while others find that it can be applied broadly. A significant question that has confused the courts is whether “image” advertisements can qualify as “speech that proposes a commercial transaction.” [Read more...]

The Panhandlers’ Dialogue: Are Restrictions on Panhandling Content-Neutral Under the First Amendment?
Jing Zhang
10 Seventh Circuit Rev. 442 (2015) [Full Article]  [Audio Synopsis]

Abstract: One of the defining characteristics of the U.S. Constitution is its guarantee of certain enumerated rights, including the right to free speech. The First Amendment guards against governmental regulations that infringe on the right to free speech. In recent years, local governments across the nation have enacted local laws and ordinances that regulate or prohibit panhandling in certain areas. In Norton v. City of Springfield, the Seventh Circuit reviewed and upheld one such ordinance prohibiting panhandling in the downtown historic areas. The Springfield ordinance defined panhandling as an oral request for immediate donation of money. The downtown historic district at issue was a small portion of the City of Springfield but comprised the city’s principal shopping, entertainment, and governmental areas. In reviewing this ordinance, the Seventh Circuit found that the ordinance was content-neutral and constitutional under the First Amendment. [Read more...]

Voter ID Law

Voter ID in Wisconsin: A Better Approach to Anderson/Burdick Balancing
Matthew R. Pikor
10 Seventh Circuit Rev. 465 (2015) [Full Article]  [Audio Synopsis]

Abstract: In 2011, Wisconsin Governor Scott Walker enacted 2011 Wisconsin Act 23. This law required that most of the state's voters show an acceptable form of photo identification to cast a ballot. State officials contended the regulation was necessary to detect and prevent fraud, promote public confidence in the electoral process, and improve election administration. On the other hand, critics of the law argued it was merely a partisan attempt by Republican legislators to suppress the turnout of various subgroups that overwhelmingly tend to vote Democratic. [Read more...]

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