VOLUME 32 INDEX TITLE INDEX. Lead Articles

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1 VOLUME 32 INDEX TITLE INDEX Lead Articles INTRODUCTION: DID THE FIRST RESTATEMENT ADOPT A REFORM AGENDA? Patrick J. Kelley... 1 THE FIRST RESTATEMENT OF AGENCY: WHAT WAS THE AGENDA? Deborah A. DeMott THE FIRST CONFLICTS RESTATEMENT THROUGH THE EYES OF OLD: AS BAD AS ITS REPUTATION? Symeon C. Symeonides RESTITUTION AND REFORM Andrew Kull THE FIRST RESTATEMENT OF TORT: REFORM BY DESCRIPTIVE THEORY Patrick J. Kelley WILLISTON AS CONSERVATIVE-PRAGMATIST Mark L. Movsesian OPEN SOURCE PROGRAM: DID THE FIRST RESTATEMENT IMPLEMENT A REFORM AGENDA? N.E.H. Hull THE FIRST RESTATEMENTS AND THE VISION OF THE AMERICAN LAW INSTITUTE, THEN AND NOW Michael Traynor THE AMERICAN LAW INSTITUTE: JUSTICE CARDOZO S MINISTRY OF JUSTICE? Kristen David Adams THE CELOTEX INITIAL BURDEN STANDARD AND AN OPPORTUNITY TO REVIVIFY RULE 56 Brook D. Coleman SCHOOL NEGLIGENCE CASE LAW TRENDS Perry A. Zirkel and John H. Clark THE RELIANCE INTEREST IN RESTITUTION Aaron R. Petty INTRODUCTION: SEVENTH CIRCUIT SYMPOSIUM Peter C. Alexander and Stephen L. Wasby REMAKING THE BENCH: AN EXERCISE IN FUTILITY? Kevin M. Scott and Rorie Spill Solberg CAREER STAGE AND DECISION MAKING ON THE SEVENTH CIRCUIT: A COMPARATIVE ANALYSIS Erin B. Kaheny, Sara C. Benesh and Susan B. Haire

2 1120 Southern Illinois University Law Journal [Vol. 32 CHANGES TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT OVER A THIRD OF A CENTURY Collins T. Fitzpatrick STATE DOMINANCE OF A CIRCUIT: AN EXPLORATION Jolly A. Emrey and Stephen L. Wasby MEDIATION IN THE SEVENTH CIRCUIT COURT OF APPEALS Joel N. Shapiro CITATION TO UNPUBLISHED ORDERS UNDER NEW FRAP RULE 32.1 AND CIRCUIT RULE 32.1: EARLY EXPERIENCE IN THE SEVENTH CIRCUIT Hon. Diane S. Sykes ADVOCACY THROUGH BRIEFS IN THE U.S. COURTS OF APPEALS Susan B. Haire and Laura P. Moyer THE NON-BANC EN BANC : SEVENTH CIRCUIT RULE 40(E) AND THE LAW OF THE CIRCUIT Hon. Michael S. Kanne THE LAW OF THE CIRCUIT REVISITED: WHAT ROLE FOR MAJORITY RULE? Arthur D. Hellman SUPREME COURT REVERSALS: EXPLORING THE SEVENTH CIRCUIT Stephen J. Wermiel GVRS AND THEIR AFTERMATH IN THE SEVENTH CIRCUIT AND BEYOND Sara C. Benesh STATUTORY CONSTRAINT ON THE SEVENTH CIRCUIT: EXAMINING CONGRESSIONAL INFLUENCE Kirk A. Randazzo SURVEY OF ILLINOIS LAW: CONSERVATION, ENERGY AND FOOD DEVELOPMENTS IN AGRICULTURAL LAW A. Bryan Endres and Donald L. Uchtmann SURVEY OF ILLINOIS LAW: SIGNIFICANT DEVELOPMENTS IN EDUCATION LAW 2007 Brian D. Schwartz, W. Bradley Colwell and Phil Milsk SURVEY OF ILLINOIS LAW: ELDER LAW Charles A. LeFebvre and Martin W. Siemer SURVEY OF ILLINOIS LAW: EMPLOYMENT LAW Debra L. Stegall and Tamara K. Hackmann SURVEY OF ILLINOIS LAW: ENVIRONMENTAL LAW Kyle Rominger, Thomas J. Hunter and Monica T. Rios

3 2008] Index 1121 SURVEY OF ILLINOIS LAW: HEALTH CARE Keith Emmons, W. Eugene Basanta, Danielle R. LeBlang, Michael F. Daniels, Robert John Kane, Rick Hindmand and Anna M. Benjamin SURVEY OF ILLINOIS LAW: INSURANCE LAW Managing Editor: David J. Roe Comments THE LONE SECOND AMENDMENT INTERPRETATION: HAS IT REACHED THE STATUS OF SUPERPRECEDENT? Jessica Reese THE UNIQUE CASE OF CONFLICTS OF INTEREST AND THE NEED FOR AN EXCEPTION TO SIXTH AMENDMENT AUTOMATIC REVERSALS Ryan Straw LIMITING JOINT EMPLOYMENT UNDER THE FAMILY AND MEDICAL LEAVE ACT OF 1993 Luke M. DeSmet REMOVING THE TAINT: THE BATTLE FOR INTELLIGENT DESIGN IN THE CLASSROOM Amber N. Jeralds STATE AND LOCAL GOVERNMENT DOCUMENTS AS PUBLIC DISCLOSURES UNDER THE FALSE CLAIMS ACT: WALKING THE TIGHTROPE BETWEEN PARASITIC LITIGATION AND LEGITIMATE CLAIMS Natalie R. Gregory PROTECTING OUR VULNERABLE CITIZENS: BIRTHRIGHT CITIZENSHIP AND THE CALL FOR RECOGNITION OF CONSTRUCTIVE DEPORTATION Jessie M. Mahr Casenotes PROSECUTION OF DOMESTIC VIOLENCE CASES: THE PRACTICAL EFFECTS OF THE RULING IN DAVIS V. WASHINGTON, 126 S. CT (2006) Andrew Fisk THE DUTY QUESTION IN SPECIAL RELATIONSHIP NEGLIGENCE CASES: PRESERVING THE ROLE OF THE JURY IN MARSHAL V. BURGER KING CORP., 856 N.E.2D 1048 (ILL. 2006) Craig W. Runyon

4 1122 Southern Illinois University Law Journal [Vol. 32 THE KNOCK AND ANNOUNCE RULE: MORE TROUBLE THAN IT IS WORTH Ryan Straw IT S POLITICAL, YOU CAN T BE OFFENDED! A DISCUSSION OF THE STUDENT SPEECH ANALYSIS IN GUILES EX. REL. GUILES V. MARINEAU, 461 F.3D 320 (2D CIR. 2006) Derek Ruzicka MURKY WETLANDS PROTECTION FOLLOWING RAPANOS V. UNITED STATES, 547 U.S. 715 (2006) John S. Persell TO DECIDE OR NOT TO DECIDE: IS THAT THE QUESTION? JURISDICTION OF IMMIGRATION APPEALS IN KAMBOLLI V. GONZALES, 449 F.3D 454 (2D CIR. 2006) Jessica Reese CONTRIBUTOR INDEX Adams, Kristen David, The American Law Institute: Justice Cardozo s Ministry of Justice? Alexander, Peter C. and Stephen L. Wasby, Introduction: Seventh Circuit Symposium Benesh Sara C., GVRS and Their Aftermath in the Seventh Circuit and Beyond Coleman, Brook D., The Celotex Initial Burden Standard and an Opportunity to Revivify Rule DeMott, Deborah A., The First Restatement of Agency: What Was the Agenda? DeSmet, Luke M., Limiting Joint Employment Under the Family and Medical Leave Act of Emmons, Keith, W. Eugene Basanta, Danielle R. LeBlang, Michael F. Daniels, Robert John Kane, Rick Hindmand and Anna M. Benjamin, Survey of Illinois Law: Health Care Emrey, Jolly A. and Stephen L. Wasby, State Dominance of a Circuit: An Exploration Endres, A. Bryan and Donald L. Uchtmann, Survey of Illinois Law: Conservation, Energy and Food Developments in Agricultural Law

5 2008] Index 1123 Fisk, Andrew, Prosecution of Domestic Violence Cases: The Practical Effects of The Ruling in Davis v. Washington, 126 S. Ct (2006) Fitzpatrick, Collins T., Changes to the United States Court of Appeals for the Seventh Circuit Over a Third of a Century Gregory, Natalie R., State and Local Government Documents as Public Disclosures Under the False Claims Act: Walking the Tightrope Between Parasitic Litigation and Legitimate Claims Haire, Susan B., and Laura P. Moyer, Advocacy Through Briefs in the U.S. Courts of Appeals Hellman, Arthur D., The Law of the Circuit Revisited: What Role for Majority Rule? Hull, N.E.H., Open Source Program: Did the First Restatement Implement a Reform Agenda? Jeralds, Amber N., Removing the Taint: The Battle for Intelligent Design in the Classroom Kaheny, Erin B., Sara C. Benesh and Susan B. Haire, Career Stage and Decision Making on the Seventh Circuit: A Comparative Analysis Kanne, Hon. Michael S., The Non-Banc En Banc : Seventh Circuit Rule 40(e) and the Law of the Circuit Kelley, Patrick J., Introduction: Did the First Restatement Adopt a Reform Agenda?... 1 Kelley, Patrick J., The First Restatement of Tort: Reform by Descriptive Theory Kull, Andrew, Restitution and Reform LeFebvre, Charles A. and Martin W. Siemer, Survey of Illinois Law: Elder Law Mahr, Jessie M., Protecting Our Vulnerable Citizens: Birthright Citizenship and the Call for Recognition of Constructive Deportation Movsesian, Mark L., Williston as Conservative-Pragmatist Persell, John S., Murky Wetlands Protection Following Rapanos v. United States, 547 U.S. 715 (2006) Petty, Aaron R., The Reliance Interest in Restitution Randazzo, Kirk A., Statutory Constraint on the Seventh Circuit: Examining Congressional Influence Reese, Jessica, The Lone Second Amendment Interpretation: Has it Reached The Status of Superprecedent?

6 1124 Southern Illinois University Law Journal [Vol. 32 Reese, Jessica, To Decide or Not to Decide: Is That the Question? Jurisdiction of Immigration Appeals in Kambolli v. Gonzales, 449 F.3d 454 (2d Cir. 2006) Roe, David J., Managing Editor, Survey of Illinois Law: Insurance Law Rominger, Kyle, Thomas J. Hunter and Monica T. Rios, Survey of Illinois Law: Environmental Law Runyon, Craig W., The Duty Question in Special Relationship Negligence Cases: Preserving the Role of the Jury in Marshal v. Burger King Corp., 856 N.E.2d 1048 (Ill. 2006) Schwarts, Brian D., W. Bradley Colwell and Phil Milsk, Survey of Illinois Law: Significant Developments in Education Law Scott, Kevin M. and Rorie Spill Solberg, Remaking the Bench: An Exercise in Futility? Shapiro, Joel N., Mediation in the Seventh Circuit Court of Appeals Stegall, Debra L. and Tamara K. Hackmann, Survey of Illinois Law: Employment Law Ruzicka, Derek, It s Political, You Can t Be Offended! A Discussion of the Student Speech Analysis in Guiles Ex. Rel. Guiles v. Marineau, 461 F.3d 320 (2d Cir. 2006) Straw, Ryan, The Unique Case of Conflicts of Interest and the Need for an Exception to Sixth Amendment Automatic Reversals Straw, Ryan, The Knock and Announce Rule: More Trouble Than It Is Worth Sykes, Hon. Diane S., Citation to Unpublished Orders Under New FRAP Rule 32.1 and Circuit Rule 32.1: Early Experience in the Seventh Circuit Symeonides, Symeon C., The First Conflicts Restatement Through the Eyes of Old: As Bad as Its Reputation? Traynor, Michael, The First Restatements and the Vision of the American Law Institute, Then and Now Wermiel, Stephen J., Supreme Court Reversals: Exploring the Seventh Circuit Zirkel, Perry A. and John H. Clark, School Negligence Case Law Trends

7 2008] Index 1125 TOPIC INDEX AGENCY: The First Restatement of Agency: What Was the Agenda? AGRICULTURAL LAW: Survey of Illinois Law: Conservation, Energy and Food Developments in Agricultural Law AMERICAN LAW INSTITUTE: The American Law Institute: Justice Cardozo s Ministry of Justice?. 173 CIVIL PROCEDURE: The Celotex Initial Burden Standard and an Opportunity to Revivify Rule State and Local Government Documents as Public Disclosures Under the False Claims Act: Walking the Tightrope Between Parasitic Litigation and Legitimate Claims CONSTITUTIONAL LAW: The Lone Second Amendment Interpretation: Has it Reached The Status of Superprecedent? The Unique Case of Conflicts of Interest and the Need for an Exception to Sixth Amendment Automatic Reversals It s Political, You Can t Be Offended! A Discussion of the Student Speech Analysis in Guiles Ex. Rel. Guiles v. Marineau, 461 F.3d 320 (2d Cir. 2006) CONTRACT LAW: Restitution and Reform Williston as Conservative-Pragmatist The Reliance Interest in Restitution CONFLICTS OF LAW: The First Conflicts Restatement Through the Eyes of Old: As Bad as Its Reputation?

8 1126 Southern Illinois University Law Journal [Vol. 32 CRIMINAL LAW: Prosecution of Domestic Violence Cases: The Practical Effects of The Ruling in Davis v. Washington, 126 S. Ct (2006) The Knock and Announce Rule: More Trouble Than It Is Worth EDUCATION LAW: Removing the Taint: The Battle for Intelligent Design in the Classroom Survey of Illinois Law: Significant Developments in Education Law ELDER LAW: Survey of Illinois Law: Elder Law EMPLOYMENT LAW: Limiting Joint Employment Under the Family and Medical Leave Act of Survey of Illinois Law: Employment Law ENVIRONMENTAL LAW: Murky Wetlands Protection Following Rapanos v. United States, 547 U.S. 715 (2006) Survey of Illinois Law: Environmental Law HEALTH CARE and INSURANCE: Survey of Illinois Law: Health Care Survey of Illinois Law: Insurance Law IMMIGRATION LAW: Protecting Our Vulnerable Citizens: Birthright Citizenship and the Call for Recognition of Constructive Deportation To Decide or Not to Decide: Is That the Question? Jurisdiction of Immigration Appeals in Kambolli v. Gonzales, 449 F.3d 454 (2d Cir. 2006) JUDICIAL DECISIONMAKING: Introduction: Seventh Circuit Symposium Remaking the Bench: An Exercise in Futility?

9 2008] Index 1127 Career Stage and Decision Making on the Seventh Circuit: A Comparative Analysis Changes to the United States Court of Appeals for the Seventh Circuit Over a Third of a Century State Dominance of a Circuit: An Exploration Mediation in the Seventh Circuit Court of Appeals Citation to Unpublished Orders Under New FRAP Rule 32.1 and Circuit Rule 32.1: Early Experience in the Seventh Circuit. 579 Advocacy Through Briefs in the U.S. Courts of Appeals The Non-Banc En Banc : Seventh Circuit Rule 40(e) and the Law of the Circuit The Law of the Circuit Revisited: What Role for Majority Rule? Supreme Court Reversals: Exploring the Seventh Circuit GVRS and Their Aftermath in the Seventh Circuit and Beyond Statutory Constraint on the Seventh Circuit: Examining Congressional Influence THE FIRST RESTATEMENT: Introduction: Did the First Restatement Adopt a Reform Agenda?... 1 Open Source Program: Did the First Restatement Implement a Reform Agenda? The First Restatements and the Vision of the American Law Institute, Then and Now TORTS: The First Restatement of Tort: Reform by Descriptive Theory The Duty Question in Special Relationship Negligence Cases: Preserving the Role of the Jury in Marshal v. Burger King Corp., 856 N.E.2d 1048 (Ill. 2006) School Negligence Case Law Trends

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11 The 2008 Survey of Illinois Law A JOINT PUBLICATION OF THE ILLINOIS STATE BAR ASSOCIATION AND SOUTHERN ILLINOIS UNIVERSITY LAW JOURNAL You may subscribe to the Journal for an annual price of $30 (4 issues including the Survey) or you may subscribe only to the Survey for $12. Make check payable to SOUTHERN ILLINOIS UNIVERSITY Law Journal and indicate your preference below: Annual subscription ($30) Survey only ($12) no. of copies Name: Street Address: City, State and Zip Return to: Southern Illinois University Law Journal Attn: Susan Williams School of Law Southern Illinois University at Carbondale Mailcode 6804 Carbondale, IL Phone Fax: lawjourn@siu.edu

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