VOLUME 33 INDEX TITLE INDEX Lead Articles THE UNPUBLISHED FREE EXERCISE OPINION IN JENSEN V. QUARING Paul E. McGreal A SURVEY OF RECENT ILLINOIS ETHICS LAW: PROFESSIONALISM IN PRACTICE Kate T. Hlava SHOULD PARTIES’ DISCLOSURE REQUIREMENTS FOR ARBITRATORS BE HONORED BY COURTS: POSITIVE SOFTWARE SOLUTIONS, INC. V. NEW CENTURY MORTGAGE CORPORATION Leonard E. Gross and Howard L. Wieder INTRODUCTION TO THE CENTRAL STATES LAW SCHOOLS ASSOCIATION 2008 CONFERENCE Cindy Galway Buys A SHIFT TOWARDS GENDER EQUALITY IN PROSECUTIONS: REALIZING LEGITIMATE ENFORCEMENT OF CRIMES COMMITTED AGAINST WOMEN IN MUNICIPAL AND INTERNATIONAL CRIMINAL LAW Tamara F. Lawson ATTORNEY REFERRAL, NEGLIGENCE, AND VICARIOUS LIABILITY Bruce Ching PATENT EXPERTISE AND THE REGRESS OF USEFUL ARTS Dr. Andrew W. Torrance and Dr. Bill Tomlinson INTRODUCTION Patricia Ross McCubbin SUSTAINABLE COMMERCE: PUBLIC HEALTH LAW AND ENVIRONMENTAL LAW PROVIDE TOOLS FOR INDUSTRY AND GOVERNMENTTO CONSTRUCT GLOBALLY- COMPETITIVE GREEN ECONOMIES T. Rick Irvin and Peter A. Appel VALUING THE PUBLIC HEALTH ASPECTS OF ENVIRONMENTAL ENFORCEMENT: QUALITATIVE VERSUS QUANTITATIVE EVALUATIONS OF ENFORCEMENT EFFORT Robin Kundis Craig EPA’S ENDANGERMENT FINDING FOR GREENHOUSE GASES AND THE POTENTIAL DUTY TO ADOPT NATIONAL AMBIENT AIR QUALITY STANDARDS TO ADDRESS GLOBAL CLIMATE CHANGE Patricia Ross McCubbin THE RECENT EXPLOSION IN SUMMARY JUDGMENTS ENTERED BY THE FEDERAL CourRTS HAS ELIMINATED THE JURY FROM THE JUDICIAL POWER Richard L. Steagall SURVEY OF ILLINOIS LAW: ELDER LAW 717 718 Southern Illinois University Law Journal Charles A. LeFebvre and Martin W. Siemer SURVEY OF ILLINOIS LAW: ENFORCEMENT OF JUDGMENTS Robert G. Markoff SURVEY OF ILLINOIS LAW: GRANDPARENT VISITATION Michael K. Goldberg and Serena Nakano SURVEY OF ILLINOIS LAW: REAL ESTATE LAW Tracie R. Porter Casenotes HOLDING ON TO CREDITORS’ RIGHTS UNDER THE HANGING PARAGRAPH OF BAPCPA: ANALYSIS OF JN RE WRIGHT, 492 F.3D 829 (2007) Kyle Christopher Oehmke UNLEASHING ELECTIONEERING: ANALYZING THE COURT’S DECISION IN FEDERAL ELECTION COMMISSION V. WISCONSIN RIGHT TO LIFE, INC., 127 S.CT. 2652 (2007) Michelle D. Clark NEW LIMITS ON THE USE OF RACE IN PUBLIC SCHOOL STUDENT ASSIGNMENT PLANS: IMPLICATIONS OF THE SUPREME COURT’S DECISION IN PARENTS INVOLVED IN COMMUNITY SCHOOLS V. SEATTLE SCHOOL DISTRICT No. 1, 1278S. CT. 2738 (2007) Rowan E. Themer IN RE MARRIAGE OF MATCHEN, 866 N.E.2D 683 (ILL. APP. CT. 2007): ILLINOIS REMOVAL STANDARDS DO Not MATCH UP WITH THE CURRENT NATIONAL TREND Misty Edwards CAN’T GET NO SATISFACTION: THE CONSEQUENCES OF PISCIOTTA V. OLD NATIONAL BANCORP, 499 F.3D 629 (7TH CIR. 2007) FOR POTENTIAL VICTIMS OF IDENTITY THEFT Amanda Blades To Emit IS HUMAN; TO REGULATE, DIVINE: STATUTORY INTERPRETATION OF THE CLEAN AIR ACT IN MASSACHUSETTS V. ENVIRONMENTAL PROTECTION AGENCY, 1278. CT. 1438 (2007) Kathryn Hurie Comments A MAN’SBARNIS NOT HIS CASTLE: WARRANTLESS SEARCHES OF STRUCTURES UNDER THE “OPEN FIELDS DOCTRINE” Rowan Themer I CONSENTED TO DO WHAT?: POSTHUMOUS CHILDREN AND THE CONSENT TO 2009] PARENT AFTER-DEATH Amanda Horner INTERNET GAMING TRADE COMMITMENTS: THE EXAGGERATED FEARS OF US. VULNERABILITY UNDER MULTIPLE TRADE AGREEMENTS Timothy B. White AN ARGUMENT AGAINST PRUDENTIALLY DECLINING TO RECOGNIZE STANDING TO SUE FOR ILLEGAL IMMIGRANTS Jason Gourley GAME OVER? A CALL FOR REFORM IN ILLINOIS INSURANCE LAW’S TREATMENT OF TEST DRIVERS Kyle Oehmke THE UNEXAMINED LIFE IS NOT WORTH LIVING ... OR IS IT? PRESERVING THE SANCTITY OF HUMAN LIFE IN AMERICAN COURTROOMS Stephanie R. Fueger Lincoln Essay Contest Winner LINCOLN THE LAWYER Tara Renaud CONTRIBUTOR INDEX Blades, Amanda, Can’t Get No Satisfaction: The Consequences of Pisciotta v. Old National Bancorp, 499 F.3d 629 (7th Cir. 2007) For Potential Victims of Identity Theft Buys, Cindy Galway, Introduction to the Central States Law Schools Association 2008 Conference Ching, Bruce, Attorney Referral, Negligence, and Vicarious Liability . 217 Clark, Michelle D., Unleashing Electioneering: Analyzing the Court's Decision in Federal Election Commission v. Wisconsin Right to Life, Inc., 127 S. Ct. 2652 (2007) Craig, Robin Kundis, Valuing the Public Health Aspects of Environmental Enforcement: Qualitative versus Quantitative Evaluations of Enforcement Effort Curie, Kathryn, To Emit Is Human; To Regulate, Divine: Statutory Interpretation of the Clean Air Act in Massachusetts v. Environmental Protection Agency, 127 S. Ct. 1438 (2007) Edwards, Misty, In re Marriage of Matchen, 866 N.E.2d 683 (Ill. App. Ct. Southern Illinois University Law Journal [Vol. 33 2007): Illinois Removal Standards Do Not Match Up With The Current National Trend Fueger, Stephanie, R., The Unexamined Life Is Not Worth Living . . . Or Is It? Preserving the Sanctity of Human Life in American Courtrooms Goldberg, Michael K. and Serena Nakano, Survey of Illinois Law: Grandparent Visitation Gourley, Jason, An Argument Against Prudentially Declining to Recognize Standing to Sue for Illegal Immigrants Gross, Leonard E. and Howard L. Wieder, Should Parties’ Disclosure Requirementfso r Arbitrators be Honored by Courts: Positive Software Solutions, Inc. v. New Century Mortgage Corporation... 71 Hlava, Kate T., A Survey of Recent Illinois Ethics Law: Professionalism in Practice Lawson, Tamara F., A Shift Towards Gender Equality in Prosecutions: Realizing Legitimate Enforcement of Crimes Committed Against Women in Municipal and International Criminal Law LeFebvre, Charles A. and Martin W. Siemer, Survey of Illinois Law: Elder Law 599 Horner, Amanda, J Consented to Do What?: Posthumous Children and the Consent to Parent After-Death Irvin, T. Rick and Peter A. Appel, Sustainable Commerce: Public Health Law and Environmental Law Provide Tools for Industry and Government to Construct Globally-Competitive Green Economies 367 Markoff, Robert G., Survey of Illinois Law: Enforcement of Judgments 631 McCubbin, Patricia Ross, Jntroduction McCubbin, Patricia Ross, EPA ’s Endangerment Finding for Greenhuuse Gases and the Potential Duty to Adopt National Ambient Air Quality Standards to Address Global Climate Change McGreal, Paul E., The Unpublished Free Exercise Opinion in Jensen v. Quaring Oehmke, Kyle Christopher, Game Over? A Call for Reform in Illinois Insurance Law’s Treatment of Test Drivers Oehmke, Kyle Christopher, Holding on to Creditors’ Rights Under the Hanging Paragraph of BAPCPA: Analysis of In re Wright, 492 F.3d 829 (2007) Porter, Tracie R., Survey of Illinois Law: Real Estate Law Renaud, Tara, Lincoln the Lawyer 2009] Index 721 Steagall, Richard L., The Recent Explosion in Summary Judgments Entered by the Federal Courts Has Eliminated the Jury From the Judicial Themer, Rowan E., New Limits on the Use of Race in Public School Student Assignment Plans: Implications of the Supreme Court’s Decision in Parents Involved in Community Schools v. Seattle School District No. 1, 127 S. Ct. 2738 (2007) Themer, Rowan, A Man’s Barn is Not His Castle: Warrantless Searches of Structures Under the “Open Fields Doctrine” Torrance, Andrew W. and Bill Tomlinson, Patent Expertise and the Regress of Useful Arts White, Timothy B., Jnternet Gaming Trade Commitments: The Exaggerated Fears of U.S. Vulnerability under Multiple Trade Agreements , TOPIC INDEX ALTERNATIVE DISPUTE RESOLUTION: Should Parties’ Disclosure Requirements for Arbitrators be Honored by Courts: Positive Software Solutions, Inc. v. New Century Mortgage Corporation ATTORNEY LIABILITY Attorney Referral, Negligence, and Vicarious Liability BANKRUPTCY: Holding on to Creditors’ Rights Under the Hanging Paragraph of BAPCPA: Analysis of In re Wright, 492 F.3d 829 (2007) CAMPAIGN FINANCE REFORM: Unleashing Electioneering: Analyzing the Court’s Decision in Federal Election Commission v. Wisconsin Right to Life, Inc., 127 S. Ct. 2652 (2007) CRIMINAL LAW: A Man’s Barn is Not His Castle: Warrantless Searches of Structures Under the “Open Fields Doctrine” A Shift Towards Gender Equality in Prosecutions: Realizing Legitimate Enforcement of Crimes Committed Against Women in Municipal and International Criminal Law 722 Southern Illinois University Law Journal [Vol. 33 Can’t Get No Satisfaction: The Consequences of Pisciotta v. Old National Bancorp, 499 F.3d 629 (7th Cir. 2007) For Potential Victims of gE ay ere rere ee reer Tee ee EDUCATION LAW: New Limits on the Use of Race in Public School Student Assignment Plans: Implications of the Supreme Court’s Decision in Parents Involved in Community Schools v. Seattle School District No. 1, 127 S. Ct. 2738 reer rere:r ree ye eer ree eer er ELDER LAW: § servey Of Tammots Law: Hider LOW... icine eect cw ceccccesens 599 Survey of Illinois Law: Grandparent Visitation ................... 649 ENVIRONMENTAL LAW: Sustainable Commerce: Public Health Law and Environmental Law Provide Tools for Industry and Government to Construct Globally- Competitive Greet OOUUMNGS 5 5 os oc i bs ceed ceceends 367 Valuing the Public Health Aspects of Environmental Enforcement: Qualitative versus Quantitative Evaluations of Enforcement Effort 403 EPA’s Endangerment Finding for Greenhouse Gases and the Potential Duty to Adopt National Ambient Air Quality Standards to Address Global eeer ee ere Ter ei 437 To Emit Is Human; To Regulate, Divine: Statutory Interpretation of the Clean Air Act in Massachusetts v. Environmental Protection Agency, i ee Teer ee er errr ere ee ETHICS: A Survey of Recent Illinois Ethics Law: Professionalism in Practice .. 23 FAMILY LAW: I Consented to Do What?: Posthumous Children and the Consent to Parent NE 50S caw bk wcltionc wage nes wae deine ae Vara 157 In re Marriage of Matchen, 866 N.E.2d 683 (Ill. App. Ct. 2007): Illinois Removal Standards Do Not Match Up With The Current National FIRST AMENDMENT: The Unpublished Free Exercise Opinion in Jensen v. Quaring ......... 2009] Index GAMBLING AND GAMING: Internet Gaming Trade Commitments: The Exaggerated Fears of U.S. Vulnerability under Multiple Trade Agreements IMMIGRATION LAW: An Argument Against Prudentially Declining to Recognize Standing to Sue for Illegal Immigrants INSURANCE LAW: Game Over? A Call for Reform in Illinois Insurance Law’s Treatment of Test Drivers LINCOLN: Lincoln the Lawyer JUDICIAL DECISIONMAKING: The Unpublished Free Exercise Opinion in Jensen v. Quaring Should Parties’ Disclosure Requirements for Arbitrators be Honored by Courts: Positive Software Solutions, Inc. v. New Century Mortgage Corporation An Argument Against Prudentially Declining to Recognize Standing to Sue for Illegal Immigrants The Recent Explosion in Summary Judgments Entered by the Federal Courts has Eliminated the Jury from the Judicial Power The Unexamined Life Is Not Worth Living . . . Or Is It? Preserving the Sanctity of Human Life in American Courtrooms Survey of Illinois Law: Enforcement of Judgments PATENT LAW: Patent Expertise and the Regress of Useful Arts REAL ESTATE: Survey of Illinois Law: Real Estate Law