2012] Index 855 VOLUME 36 INDEX TITLE INDEX. Lead Articles

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1 2012] Index 855 VOLUME 36 INDEX TITLE INDEX Lead Articles WAR AS METAPHOR AND THE RULE OF LAW IN CRISIS: THE LESSONS WE SHOULD HAVE LEARNED FROM THE WAR ON DRUGS Susan P. Stuart... 1 RUNNING ON EMPTY: MUNICIPAL INSOLVENCY AND REJECTION OF COLLECTIVE BARGAINING AGREEMENTS IN CHAPTER 9 BANKRUPTCY Richard W. Trotter WHEN BODILY INJURY LIMITS ARE STACKED, JURISPRUDENTIAL CONSISTENCY TOPPLES Kevin P. Clark and Chris Vanderbeek ADMISSION TO THE BAR IN ILLINOIS: A HISTORICAL PERSPECTIVE FOR THE LAST HALF CENTURY AND BEYOND Stuart Duhl NON-ATTORNEY SOCIAL SECURITY DISABILITY REPRESENTATIVES AND THE UNAUTHORIZED PRACTICE OF LAW Drew A. Swank TRAINING TOMORROW S LAWYERS: WHAT EMPIRICAL RESEARCH CAN TELL US ABOUT THE EFFECT OF LAW SCHOOL PEDAGOGY ON LAW STUDENT LEARNING STYLES Eric A. DeGroff REINVIGORATING THE 1L CURRICULUM: SEQUENCED WRITING ACROSS THE CURRICULUM ASSIGNMENTS AS THE FOUNDATION FOR PRODUCING PRACTICE-READY LAW GRADUATES Suzanne J. Schmitz and Alice M. Noble-Allgire REFRAMING THE MEDIATION LENS: THE CALL FOR A SITUATIONAL STYLE OF MEDIATION Tanya M. Marcum, Charles R. Stoner, and Sandra J. Perry RESPONDENTS IN DISCOVERY: A BENEFICENT STATUTE WITH TRAPS FOR THE UNWARY John T. Hundley THE PSYCHOTHERAPIST-PATIENT PRIVILEGE AS AN OCCASIONAL INSTRUMENT OF INJUSTICE; AN ARGUMENT FOR A CRIMINAL THREAT EXCEPTION Joi T. Montiel

2 856 Southern Illinois University Law Journal [Vol. 36 THE FOURTH AMENDMENT AND NEW TECHNOLOGIES: THE MISAPPLICATION OF ANALOGICAL REASONING Marc C. McAllister A FRANK LOOK AT APPELLATE WAIVER IN THE SEVENTH CIRCUIT Kevin Bennardo SURVEY OF ILLINOIS LAW: AN ANNOTATED BIBLIOGRAPHY OF CURRENT ILLINOIS PRACTICE AIDS Nolan A. Wright SURVEY OF ILLINOIS LAW: INSURANCE LAW David M. Kroeger & Stacey E. Lynch WITNESS PROTECTIONS IN ILLINOIS CIVIL ACTIONS Jeffrey A. Parness SURVEY OF ILLINOIS LAW: ELDER LAW Lee Beneze, Heather McPherson, Kristi Vetri & Martin W. Siemer Comments NO LONGER MINE: AN EXTENSIVE LOOK AT THE ENVIRONMENTAL PROTECTION AGENCY S VETO OF THE SECTION 404 PERMIT HELD BY THE SPRUCE NO. 1 MINE Amy S. Oxley A FISTFUL OF DOLLARS: BOUNTY HUNTING UNDER THE DODD- FRANK ACT S WHISTLEBLOWER PROVISIONS Neil Schonert ACT LIKE A LADY!: RECONSIDERING GENDER STEREOTYPES & THE EXCLUSION OF WOMEN FROM COMBAT IN LIGHT OF CHALLENGES TO DON T ASK, DON T TELL Angela Rollins WHO S FOLLOWING YOU?: THE FEDERAL TRADE COMMISSION S PROPOSED DO NOT TRACK FRAMEWORK AND ONLINE BEHAVIORAL ADVERTISING Timothy Shrake II FOLLOW THE YELLOW CHIP ROAD: INTERNET POKER WHEN BIGGER IS NOT ALWAYS BETTER: THE PATH TO LEGALIZING Josh Chumbley MAKING CENTS OF ILLINOIS SCHOOL DISTRICT REFORM PROPOSALS Craig Griffin

3 2012] Index 857 REACHING FROM THE GRAVE? Casenotes THE VALIDITY OF TESTAMENTARY CONDITIONS PRECEDENT RESTRICTING MARRIAGE IN ILLINOIS: IN RE ESTATE OF FEINBERG, 919 N.E.2D 888 (ILL. 2009) Natalie T. Lorenz IT S LIKE TAILING YOUR VEHICLE FOR A MONTH: AN ANALYSIS OF THE WARRANTLESS USE OF A GLOBAL POSITIONING SYSTEM IN UNITED STATES V. MAYNARD, 615 F.3D 544 (D.C. CIR. 2010) Timothy J. Shrake II USE IT OR LOSE IT: MUNICIPAL TAKINGS OF SCHOOL DISTRICT PROPERTY IN VILLAGE OF WOODBRIDGE V. BD. OF EDUC., 933 N.E.2D 392 (ILL. APP. CT. 2010) Charles McGuire NOT INNOCENT ENOUGH: THE DENIAL OF A CERTIFICATE OF INNOCENCE BASED ON NEGLECT IN UNITED STATES V. GRAHAM, 608 F.3D 164 (4TH CIR. 2010) Amy Oxley ANOTHER TWEAK TO MIRANDA: THE SUPREME COURT SIGNIFICANTLY LIMITS THE EDWARDS PRESUMPTION OF INVOLUNTARINESS IN CUSTODIAL INTERROGATION Jessica Davis A DISTANCE OF MILES CAN MAKE A DIFFERENCE OF YEARS: AMELIORATING COMPARATIVELY HARSH SENTENCES FOR ILLEGAL REENTRY IMMIGRATION DEFENDANTS AFTER UNITED STATES V. REYES-HERNANDEZ, 64 F.3D 405 (7TH CIR. 2010) Angela Rollins CONTRIBUTOR INDEX Beneze, Lee, Heather McPherson, Kristi Vetri & Martin W. Siemer, Survey of Illinois Law: Elder Law Bennardo, Kevin, A Frank Look at Appellate Waiver in the Seventh Circuit Clark, Kevin P. and Chris Vanderbeek, When Bodily Injury Limits are Stacked, Jurisprudential Consistency Topples Chumbley, Josh, Follow the Yellow Chip Road: The Path to Legalizing Internet Poker

4 858 Southern Illinois University Law Journal [Vol. 36 Davis, Jessica, Another Tweak to Miranda: The Supreme Court Significantly Limits the Edwards Presumption of Involuntariness in Custodial Interrogation DeGroff, Eric A., Training Tomorrow s Lawyers: What Empirical Research Can Tell Us About the Effect of Law School Pedagogy on Law Student Learning Styles Duhl, Stuart, Admission to the Bar in Illinois: A Historical Perspective for the Last Half Century and Beyond Griffin, Craig, When Bigger is Not Always Better: Making Cents of Illinois School District Reform Proposals Hundley, John T., Respondents in Discovery: A Beneficent Statute with Traps for the Unwary Kroeger, David M. and Stacey E. Lynch, Survey of Illinois Law: Insurance Law Lorenz, Natalie T., Reaching from the Grave? The Validity of Testamentary Conditions Precedent Restricting Marriage in Illinois: In re Estate of Feinberg, 919 N.E.2d 888 (Ill. 2009) Marcum, Tanya M., Charles R. Stoner, & Sandra J. Perry, Reframing the Mediation Lens: The Call for a Situational Style of Mediation McAllister, Marc C., The Fourth Amendment and New Technologies: The Misapplication of Analogical Reasoning McGuire, Charles, Use It or Lose It: Municipal Takings of School District Property in Village of Woodbridge v. Bd. of Educ., 933 N.E.2d 392 (Ill. App. Ct. 2010) Montiel, Joi T., The Psychotherapist-Patient Privilege as an Occasional Instrument of Injustice; An Argument for a Criminal Threat Exception Oxley, Amy S., No Longer Mine: An Extensive Look at the Environmental Protection Agency s Veto of the Section 404 Permit Held by the Spruce No. 1 Mine Oxley, Amy S., Not Innocent Enough: The Denial of a Certificate of Innocence Based on Neglect in United States v. Graham, 608 F.3d 164 (4th Cir. 2010) Parness, Jeffrey A., Witness Protections in Illinois Civil Actions Rollins, Angela, Act Like a Lady!: Reconsidering Gender Stereotypes & the Exclusion of Women from Combat in Light of Challenges to Don t Ask, Don t Tell

5 2012] Index 859 Rollins, Angela, A Distance of Miles Can Make a Difference of Years: Ameliorating Comparatively Harsh Sentences for Illegal Reentry Immigration Defendants after United States v. Reyes-Hernandez, 64 F.3D 405 (7th Cir. 2010) Schmitz, Suzanne J. and Alice M. Noble-Allgire, Reinvigorating the 1L Curriculum: Sequenced Writing Across the Curriculum Assignments as the Foundation for Producing Practice-Ready Law Graduates Schonert, Neil, A Fistful of Dollars: Bounty Hunting Under the Dodd- Frank Act s Whistleblower Provisions Shrake, Timothy, It s Like Tailing Your Vehicle for a Month: An Analysis of the Warrantless Use of a Global Positioning System in United States v. Maynard, 615 F.3d 544 (D.C. Cir. 2010) Shrake, Timothy, Who s Following You?: The Federal Trade Commission s Proposed Do Not Track Framework and Online Behavioral Advertising Stuart, Susan P., War as Metaphor and the Rule of Law in Crisis: The Lessons We Should Have Learned from the War on Drugs... 1 Swank, Drew A., Non-attorney Social Security Disability Representatives and the Unauthorized Practice of Law Trotter, Richard W., Running on Empty: Municipal Insolvency and Rejection of Collective Bargaining Agreements in Chapter 9 Bankruptcy Wright, Nolan A., Survey of Illinois Law: An Annotated Bibliography of Current Illinois Practice Aids TOPIC INDEX BANKRUPTCY LAW: Running on Empty: Municipal Insolvency and Rejection of Collective Bargaining Agreements in Chapter 9 Bankruptcy CIVIL PROCEDURE: Reframing the Mediation Lens: The Call for a Situational Style of Mediation Respondents in Discovery: A Beneficent Statute with Traps for the Unwary A Frank Look at Appellate Waiver in the Seventh Circuit

6 860 Southern Illinois University Law Journal [Vol. 36 A Distance of Miles Can Make a Difference of Years: Ameliorating Comparatively Harsh Sentences for Illegal Reentry Immigration Defendants after United States v. Reyes-Hernandez, 64 F.3D 405 (7th Cir. 2010) CORPORATE LAW: A Fistful of Dollars: Bounty Hunting Under the Dodd-Frank Act s Whistleblower Provisions CRIMINAL LAW: War as Metaphor and the Rule of Law in Crisis: The Lessons We Should Have Learned from the War on Drugs... 1 It s Like Tailing Your Vehicle for a Month: An Analysis of the Warrantless Use of a Global Positioning System in United States v. Maynard, 615 F.3d 544 (D.C. Cir. 2010) Not Innocent Enough: The Denial of a Certificate of Innocence Based on Neglect in United States v. Graham, 608 F.3d 164 (4th Cir. 2010) ELDER LAW: Survey of Illinois Law: Elder Law ENVIRONMENTAL LAW: No Longer Mine: An Extensive Look at the Environmental Protections Agency s Veto of the Section 404 Permit Held by the Spruce No. 1 Mine ETHICS LAW: Admission to the Bar in Illinois: A Historical Perspective for the Last Half Century and Beyond EVIDENCE: Who s Following You?: The Federal Trade Commission s Proposed Do Not Track Framework and Online Behavioral Advertising The Psychotherapist-Patient Privilege as an Occasional Instrument of Injustice; An Argument for a Criminal Threat Exception The Fourth Amendment and New Technologies: The Misapplication of Analogical Reasoning Another Tweak to Miranda: The Supreme Court Significantly Limits the Edwards Presumption of Involuntariness in Custodial Interrogation

7 2012] Index 861 HEALTHCARE LAW: Non-Attorney Social Security Disability Representatives and the Unauthorized Practice of Law INSURANCE LAW: Survey of Illinois Law: Insurance Law MISCELLANEOUS: Reaching from the Grave? The Validity of Testamentary Conditions Precedent Restricting Marriage in Illinois: In re Estate of Feinberg, 919 N.E.2d 888 (Ill. 2009) Training Tomorrow s Lawyers: What Empirical Research Can Tell Us About the Effect of Law School Pedagogy on Law Student Learning Styles Reinvigorating the 1L Curriculum: Sequenced Writing Across the Curriculum Assignments as the Foundation for Producing Practice-Ready Law Graduates Act Like a Lady!: Reconsidering Gender Stereotypes & the Exclusion of Women from Combat in Light of Challenges to Don t Ask, Don t Tell When Bigger is Not Always Better: Making Cents of Illinois School District Reform Proposals Survey of Illinois Law: An Annotated Bibliography of Current Illinois Practice Aids Witness Protections in Illinois Civil Actions REAL ESTATE: Use It or Lose It: Municipal Takings of School District Property in Village of Woodbridge v. Bd. Of Educ., 933 N.E.2d 392 (Ill. App. Ct. 2010) SPORTS LAW: Follow the Yellow Chip Road: The Path to Legalizing Internet Poker TORT LAW: When Bodily Injury Limits are Stacked, Jurisprudential Consistency Topples... 89