The Overreach of the E.P.A.: Fact or Fiction?

by Robert Heath April 21 2011, 19:27
Earlier this month the House Energy and Commerce Committee passed a bill, the “Energy Tax Prevention Act of 2011,” which, if it becomes law, would effectively halt the Environmental Protection Agency’s proposed program to regulate greenhouse gas emissions. This is one of many attempts in an ongoing campaign by Republicans to limit the power of the EPA to make and enforce regulations related to greenhouse gas emissions. They are attempting this through budgetary control measures as well as by attempting to strip the EPA of its regulatory authority in this area through legislation. There appears to be an intentional effort to cast this as a battle between the legislative and executive branches. However, this is actually a battle royal including all three branches of the federal government, as well as many state, local, and private organizations. This article will examine the recent history of the fight in order to understand the battle being waged. [More]

Tags:

What Goes Around Comes Around: The Super Bowl Ticket Fiasco

by Shannon Burkhead April 21 2011, 19:16
At the beginning of last year’s seasons, the Dallas Cowboys boasted that they would be playing in their brand new, shiny stadium for the Super Bowl. Unfortunately for them, it didn’t happen. However, as fans gathered to watch the game between the Green Bay Packers and the Pittsburgh Steelers, some fans were informed that their seats weren’t ready. As the hours went on and kickoff loomed closer, some of the fans realized that they would be watching the game on televisions in the lobby. Americans love to litigate and a few of the displaced fans are taking matters into their own hands and suing the Dallas Cowboys, Jerry Jones and the NFL. For the fans who traveled across the country (or even just across town), there is no price that can be placed on the excitement leading up to the game and the sudden disappointment at realizing you weren’t actually going to see it. I, for one, sure hope Jerry Jones gets what’s coming to him. [More]

Tags:

Diminishing Privacy to Information Receiving Growing Public Attention

by James Clemons April 18 2011, 14:47
It’s been several months now since my first article on the general subject of data and information in the law. Normally, I could attribute the delay to typical publishing delays, an overbooked 2L year, and an overly inquisitive (read: easily distractible) mind. But, in this case, I am writing about perhaps the most visible aspect of the topic: the privacy of personal information in an increasingly connected society. Given the increasing focus on the topic in academia, government, and media, it has been difficult to keep up with all of the recent developments. Even the turn of the New Year – often a good time for a retrospective look – hasn’t slowed the pace. There have been some significant developments in the legal and regulatory world. A small selection of some of the most significant news includes: [More]

Tags:

Technology

Oral Complaints and Their Effect on Summary Judgment for FLSA Retaliation Law Suits: Kasten v. Saint Gobain

by Charles Ott April 4 2011, 15:58
On March 22, 2011, the Supreme Court came to a decision in Kasten v. Saint Gobain. The Seventh Circuit had ruled that an oral complaint made to an employer who the employee believed was violating the Fair Labor Standards Act (“FLSA”) did not fall under the anti-retaliation provision of the act. The Court reversed the Seventh Circuit and found that an oral complaint was sufficient. This decision raises questions about the standards under which summary judgment could be granted in an FLSA retaliation case. [More]

Tags:

Labor

Dodd-Frank Credit Rating Agency Reform in the Crosshairs

by Daniel Scheeringa March 29 2011, 21:21
In the aftermath of the financial crisis, Congress passed the Dodd-Frank Financial Reform Act, which sought to prevent its repeat. Yet the new House Republican majority is taking aim at a key provision of the law, which sought to give investors more accurate information by holding credit rating agencies legally liable for giving high ratings to low quality mortgage-backed bonds. While there are other ways to ensure accurate credit ratings than enhanced liability, congressional Republicans are removing an imperfect protection without replacing it with anything better. [More]

NCAA Expansion of Divisions

by Shannon Burkhead February 14 2011, 19:28
With sports, there’s always something to complain about. My current complaints include the Bears’ (just about everything about them), the Illini’s expertise at self-destructing halfway through a game and the Chargers inability to play in the beginning of the season. In recent years, complaints have increased against the current NCAA system for college football. While people cry out for a playoff system (similar to that of professional football), the BCS remains in place. However, despite the BCS remaining as it is, the college divisions have begun to shift. Whether it’s for prestige, money or some combination of both, teams are switching, joining and leaving conferences. As an alum of the University of Southern California, I am most interested to see what Utah and Colorado have to offer the new Pac-12. Regardless of their reasons for joining, I remain hopeful that the additions will make the new Pac-12 a stronger, more resilient conference. As with most things in life, only time will tell. [More]

Tags:

Sports

Quantitative Easing May Create Foreign Unease

by Samatha Breslow February 14 2011, 00:36
While I cringe to find myself on the same side of the fence as Sarah Palin, she and Republican politicians in Washington D.C. may be right to fear Ben Bernanke and the Federal Reserve’s new effort of quantitative easing. The Federal Reserve’s proposed plan is to buy $600 billion in Treasury bonds by June 2011. Their aim is to lower long-term interest rates and to keep the dollar cheap, thereby stimulating the U.S. economy by encouraging the sale of goods overseas. While Palin may not understand why she objects the plan, I do: it has the potential to antagonize U.S. trade partners and stiffen foreign trade. [More]

Tags:

Microsoft's Message to Its Partners

by Chris Collier January 27 2011, 16:40
From September 2009 to September 2010, Google’s share of the U.S. mobile phone OS market has risen a staggering 18.9 percent, going from 2.5 percent to 21.4 percent, while Microsoft has seen its share of the mobile OS market decline from 19 to 10 percent. Although such a loss in market share suggests that Microsoft’s lawsuit against Motorola, alleging that several of Motorola’s Android based phones violate Microsoft patents, is in direct response to the pummeling Microsoft has taken at the hands of Google. It is more likely that Microsoft is signaling to its current partners the consequence of abandoning the Window Phone 7 platform. [More]

Tags:

Technology

Regulatory Takings in Real Property: Fact or Fiction?

by Robert Heath January 7 2011, 14:27
We are constantly changing the fundamental character of property ownership in this country. Nowhere is this more evident than in the real property arena. As the past few years have shown us, real estate has morphed from a long-term, stable investment to become a hugely derivative enterprise, which has diversified and become interconnected with other sectors of the economy as never before. The argument has been made that real estate has lost its original character and that it has become commoditized. Regardless of one’s position on this question it is clear that because of this continual transformation, takings law is constantly pressured to look at situations where the new concept of economic devaluation of property must be reconciled with the traditional notion of the bundle of sticks, and the state’s inability to render that bundle obsolete by legislative action, without compensation. Herein lies the basic regulatory takings conundrum that perplexes not only first year property students, but students, professors and practitioners in the fields of land use, urban planning, real estate development, and constitutional law. [More]

Tags:

Induced Infringement: What standard should the Supreme Court adopt in Global-Tech Appliances v. SEB S.A.?

by Katerina Polychronopoulos December 26 2010, 23:00
On October 12, the Supreme Court granted certiorari to Global-Tech Appliances, Inc. and Pentalpha Enterprises, Ltd. (Docket No. 10-6; July 29, 2010) to consider what state of mind must be shown by a patentee, under 35 U.S.C. §271(b), to establish that a defendant induced infringement of a patent. That section simply states: “Whoever actively induces infringement of a patent shall be liable as an infringer.” 35 U.S.C. §271(b).

The Supreme Court’s answer may have significant economic consequences, especially for foreign companies importing goods into the United States, because the statutory provision addresses indirect, rather than direct liability. Actions taken exclusively abroad could create liability for such companies, who must now contemplate the costs of complying with the to-be-announced Supreme Court standard. The standard will also affect whether officers and directors of a corporation would be held personally liable for indirect infringement. Such additional costs will undoubtedly be passed on to consumers and, given the scale of foreign trade in the U.S., these costs may have a large impact on the economy as a whole. [More]

Theme by Mads Kristensen

Invitation


We invite law professors, practitioners, and students to submit short articles for publication on this website. Simply email articles to the editors of the journal using the "Contact" form link above.   We also strongly encourage readers to post comments relating to a specific article or a topic covered by an article on the website. Just click on the "Comments" link located in the post footer below each article.

Recent Comments

Comment RSS

Disclaimer

This Journal is published by members of the Business Law Society at the University of Illinois College of Law. It is not a publication of the University of Illinois, and, therefore, the University of Illinois bears no responsibility for its content. Moreover, this Internet publication is prepared as an informational service only and should not be relied upon as legal advice. Although every attempt is made to ensure the information is accurate and timely, the information is presented "as is" and without warranties, either express or implied.