Table Of Content

VOLUME 27 INDEX TITLE INDEX Lead Articles A CALL FOR THE ADOPTION OF FEDERAL RULE OF EVIDENCE 702 FOR THE ADMISSIBILITY OF MENTAL-HEALTH PROFESSIONAL EXPERT TESTIMONY IN ILLINOIS CHILD-CUSTODY CASES Thomas A. Gionis & Anthony S. Zito, Jr INSURING TITLE VII VIOLATIONS Richard A. Bales & Julie McGhghy, AU CONSTITUTIONAL RIGHTS AND TECHNOLOGICAL INNOVATION IN CRIMINAL JUSTICE Christopher E. Smith & Madhavi McCall. .....0.00 6ce.ce 103 THE FAILURE TO REGULATE THE GAMBLING INDUSTRY EFFECTIVELY: INCENTIVES FOR PERPETUAL NON-COMPLIANCE John Warren Kindt A CASE OF “WHEN” RATHER THAN “WHAT:” TENDER OFFERS UNDER THE WILLIAMS ACT AND THE ALL HOLDERS AND BEST PRICE RULES Rusty A. Fleming LIMITS OF JUDICIAL POWER: DOES THE CONSTITUTION BAR THE APPLICATION OF SOME ETHICS RULES TO EXECUTE BRANCH ATTORNEYS? Edward C. Carter III THE IMPACT OF COPYRIGHT LAW ON DISTANCE EDUCATION PROGRAMS: HOW FAIR USE AND THE CONFU GUIDELINES MAY SHAPE THE FUTURE OF ACADEMIA Robert Thornburg THE LAW AND ECONOMICS OF COMPANY-OWNED LIFE INSURANCE (COLI): WINN-DIXIE STORES, INC. V. COMMISSIONER OF INTERNAL REVENUE George Steven Swan FORENSIC INDIVIDUALIZATION SCIENCES AND THE CAPITAL JURY: ARE WITHERSPOON JURORS MORE DEFERENTIAL TO SUSPECT SCIENCE THAN NON-WITHERSPOON JURORS? CO Oe Be vs hi bites eesenk eee 477 THE THREAT-TO-SELF DEFENSE AND THE AMERICANS WITH DISABILITIES ACT Tara Jones SURVEY OF ILLINOIS LAW: CONTRACTS Marie Monahan SURVEY OF ILLINOIS LAW: DOMESTIC VIOLENCE Sheila Simon 992 Southern Illinois University Law Journal SURVEY OF ILLINOIS LAW: EDUCATION LAW Thomas C. Britton & Bradley Colwell SURVEY OF ILLINOIS LAW: GRANDPARENT VISITATION Michael Goldberg SURVEY OF ILLINOIS LAW: HEALTH CARE W. Eugene Basanta, Paul Brown, Ronald R. Cross, Keith E. Emmons, Robert John Kane, Theodore R. LeBlang, Deanna S. Mool, Mark Rust, & William F. Sherwood SURVEY OF ILLINOIS LAW: INSURANCE LAW David Roe SURVEY OF ILLINOIS LAW: REAL ESTATE LAW Steven B. Bradshaw .... Comments DOES E-SIGN PREEMPT THE ILLINOIS ELECTRONIC COMMERCE SECURITY AcT? Jamie A. Splinter UNIVERSITIES, CORPORATIONS, AND STATES USE THE— MNO WIT’S TIME TO PROTECT THEM: AN ANALYSIS OF THE PUBLIC AND PRIVATE SECTOR OMBUDSMAN AND THE CONTINUED NEED FOR A_ PRIVILEGED RELATIONSHIP Christina M. Kuta AMENDING THE SENTENCING GUIDELINES FOR COCAINE OFFENSES: THE 100- TO-1 RATIO IS NOT AS “CRACKED” UP AS SOME SUGGEST Elizabeth Tison COMPUTER LEMON LAWS: AN EVALUATION OF EXISTING DEFECTIVE COMPUTER REMEDIES AND THE PROPOSED ILLINOIS COMPUTER LEMON ACT Maurice R. Griffithe A LEGAL TWILIGHT ZONE: FROM THE FOURTH TO THE FOURTEENTH AMENDMENT, WHAT CONSTITUTIONAL PROTECTION IS AFFORDED A PRETRIAL DETAINEE? Tiffany Ritchie Index Casenotes A POTENTIAL CASUALTY IN THE WAR ON DRUGS, THE FOURTH AMENDMENT SURVIVES A THREATENING ATTACK: FERGUSON V. CHARLESTON, 532 U.S. 67 (2001) Tiffany R. Ritchie TITLE V, SECTION 504 OF THE REHABILITATION ACT AND THE RECOVERY OF PUNITIVE DAMAGES THEREUNDER: BARNES V. GORMAN, 122 S. CT. 2097 (2002) Michael Wesley ISOLATING THE PROBLEM: BY FINDING THE CONNECTION: THE PROPER APPROACH TO REGULATING GROUNDWATER UNDER THE CLEAN WATER ACT: IDAHO RURAL COUNCIL V. BOSMA, 143 F. SUPP. 2D 1169 (D. IDAHO 2001) Susan Griffithe REVIVING THE ATTORNEY GENERALS’ BRIEF: SOUTHLAND, STARE DECISIS, AND INTRUSION OF STATES’ POLICE POWERS: CIRCUIT CITY STORES, INC. V. ADAMS, 532 U.S. 105 (2001) Brian J. Stalets THE CASE AGAINST SIMPLICITY: THE SUPREME COURT FAILS TO FIND ARRESTS FOR MISDEMEANOR OFFENSES UNREASONABLE; ATWATER V. CITY OF LAGO VISTA, 532 U.S. 318 (2001) Jennifer Sink STRADDLING THE FENCE: JUSTICE BREYER’S CONCURRENCE IN BARTNICKI V. VOPPER GIVES PROTECTION OF PRIVACY AND STILL MANAGES TO PROTECT THE PRESS: BARTNICKI V. VOPPER, 532 U.S. 514 (2001) Elizabeth Tison CONTRIBUTOR INDEX Bales, Richard A., Insuring Title VII Violations Basanta, W. Eugene, Survey of Illinois Law: Health Care Bradshaw, Steven B., Survey of Illinois Law: Real Estate Law Britton, Thomas C., Survey of Illinois Law: Education Law Brown, Paul, Survey of Illinois Law: Health Care Carter III, Edward C., Limits of Judicial Power: Does The Constitution Bar the Application of Some Ethics Rules to Execute FOTO T OST Pee TTT TOT eee Te TET Te Tee T 295 Colwell, Bradley, Survey of Illinois Law: Education Law 994 Southern Illinois University Law Journal [Vol. 27 Cooley, Craig M., Forensic Individualization Sciences and the Capital Jury: Are Witherspoon Jurors More Deferential to Suspect Science Than Non- Witherspoon Jurors? Cross, Ronald R., Survey of Illinois Law: Health Care Emmons, Keith E., Survey of Illinois Law: Health Care Fleming, Rusty A., A Case of “When” Rather Than “What:” Tender Offers Under the Williams Act and the All Holders and Best Price Gionis, Thomas A., A Call for the Adoption of Federal Rule of Evidence 702 for the Admissibility of Mental-Health Professional Expert Testimony in Illineis Child-Custody Cases Goldberg, Michael, Survey oIfl linois Law: Grandparent Visitation .. Griffithe, Maurice R., Computer Lemon Laws: An Evaluation of Existing Defective Computer Remedies and the Proposed Illinois Computer Lemon Act Griffithe, Susan, Jsolating the Problem by Finding the Connection: The Proper Approach to Regulating Groundwater Under the Clean Water Act: Idaho Rural Council v. Bosma, 143 F. Supp. 2d 1169 (D. Idaho 2001) Jones, Tara, The Threat-to-Self Defense and the Americans with Disabilities Kane, Robert John, Survey of Illinois Law: Health Care Kindt, John Warren, The Failure to Regulate the Gambling Industry Effectively: Incentives for Perpetual Non-Compliance Kuta, Christina M., Universities, Corporations, and States Use Them— Now It’s Time to Protect Them: An Analysis of the Public and Private Sector Ombudsman and the Continued Need for a Privileged Relationship LeBlang, Theodore R., Survey of Illinois Law: Health Care McCall, Madhavi, Constitutional Rights and Technological Innovation in Criminal Justice McGhghy, Julie, Insuring Title VII Violations Monahan, Marie, Survey of Illinois Law: Contracts Mool, Deanna S., Survey of Illinois Law: Health Care Ritchie, Tiffany R., A Legal Twilight Zone: From the Fourth Amendment to the Fourteenth Amendment, What Constitutional Protection is Afforded a Pretrial Detainee? A Potential Casualty in the War on Drugs, The Fourth Amendment Survives a Threatening Attack: Ferguson v. Charleston, 532 U.S. 67 (2001) Roe, David, Survey of Illinois Law: Insurance Law 2003 Index Rust, Mark, Survey of Illinois Law: Health Law Sherwood, William F., Survey oIfl linois Law: Health Law Simon, Sheila, Survey of Illinois Law: Domestic Violence Sink, Jennifer, The Case Against Simplicity: The Supreme Court Fails to Find Arrests for Misdemeanor Offenses Unreasonable; Atwater v. City of Lago Vista, 532 U.S. 318 (2001) Smith, Christopher E., Constitutional Rights and Technological Innovation in Criminal Justice Splinter, Jamie A., Does E-Sign Preempt the Illinois Electronic Commerce PII, 5 bE U TS Pe hi ae os Oe ee 129 Stalets, Brian J., Reviving the Attorney Generals’ Brief: Southland, Stare Decisis, and Intrusion of States’ Police Powers: Circuit City Stores, Inc. v. Adams, 532 U.S. 105 (2001) Swan, George Steven, The Law and Economics of Company-Owned Life Insurance (COLI): Winn-Dixie Stores, Inc. v. Commissioner of Internal Revenue Thornburg, Robert, The Impact of Copyright Law on Distance Education Programs: How Fair Use and the CONFU Guidelines May Shape the Future of Academia Tison, Elizabeth, Amending the Sentencing Guidelines for Cocaine Offenses: The 100-to-1 Ratio Is Not as “Cracked” Up as Some Suggest... 413 Straddling the Fence: Justice Breyer’s Concurrence in Bartnicki v. Vopper Gives Protection of Privacy and Still Manages to Protect the Press: Bartnicki v. Vopper, 532 U.S. 514 (2001) Wesley, Michael, Title V, Section 504 of the Rehabilitation Act and the Recovery of Punitive Damages Thereunder: Barnes v. Gorman, 122 S. Ct. 2097 (2002) Zito, Jr., Anthony S., A Call for the Adoption of Federal Rule of Evidence 702 for the Admissibility of Mental-Health Professional Expert Testimony in Illinois Child-Custody Cases Southern Illinois University Law Journal [Vol. 27 TOPIC INDEX ALTERNATIVE DISPUTE RESOLUTION: Universities, Corporations, and States Use Them—Now It’s Time to Protect Them: An Analysis oft he Public and Private Sector Ombudsman and the Continued Need for a Privileged Relationship BUSINESS LAW: A Case of “When” Rather Than “What:” Tender Offers Under the Williams Act and the All Holders and Best Price Rules Computer Lemon Laws: An Evaluation of Existing Defective Computer Remedies and the Proposed Illinois Computer Lemon Act Does E-Sign Preempt the Illinois Electronic Commerce Security Act? . 129 CIVIL PROCEDURE: A Call for the Adoption of Federal Rule of Evidence 702 for the Admissibility of Mental-Health Professional Expert Testimony in Illinois Child-Custody CONSTITUTIONAL LAW: The Case Against Simplicity: The Supreme Court Failos to Find Arrests for Misdemeanor Offenses Unreasonable; Atwater v. City of Lago Vista, 532 U.S. 318 (2001) .... Constitutional Rights and Technological Innovation in Criminal Justice 103 Insuring Title VII Violations Limits of Judicial Power: Does the Constitution Bar the Application of Some Ethics Rules to Execute Branch Attorneys? .................. 295 Reviving the Attorney Generals’ Brief: Southland, Stare Decisis, and Intrusion ofS tates’ Police Powers: Circuit City Stores, Inc. v. Adams, 532 U.S. 105 (2001) Straddling the Fence: Justice Breyer’s Concurrence in Bartnicki v. Vopper gives Protection of Privacy and Still Manages to Protect the Press: Bartnicki v. Vopper, 532 U.S. 514 (2001) CONTRACT LAW: Survey of Illinois Law: Contracts CRIMINAL LAW AND PROCEDURE: Amendintgh e Sentencing Guidelines for Cocaine Offenses: The 100-to-1 Ratio is Not as “Cracked” Up as Some Suggest 2003 Index 997 Forensic Individualization Sciences and the Capital Jury: Are Witherspoon Jurors More Deferential to Suspect Science than Non-Witherspoon PN ie ee ksinwisete Rie ee eee 477 A Legal Twilight Zone: From the Fourth Amendment to the Fourteenth Amendment, What Constitutional Protection is Afforded a Pretrial SE 2 AG xe we've cine OHReES VER Miele etenae eas 613 A Potential Casualty in the War on Drugs, The Fourth Amendment Survives a Threatening Attack: Ferguson v. Charleston, 532 U.S. 67 (2001) . 169 DISABILITY LAW: Title V, Section 504 of the Rehabilitation Act and the Recovery of Punitive Damages Thereunder: Barnes v. Gorman, 122 S. Ct. 2097 (2002) 195 The Threat-to-Self Defense and the Americans With Disabilities Act .. 539 EDUCATION LAW: The Impact of Copyright Law on Distance Education Programs: How Fair Use and the CONFU Guidelines May Shape the Future of Academia . 321 Survey of Illinois Law: Education Law ENVIRONMENTAL LAW: Isolating the Problem by Finding the Connection: The Proper Approach to Regulating Groundwater Under the Clean Water Act: /daho Rural Council v. Bosma, 143 F. Supp. 2d 1169 (D. Idaho 2001) FAMILY LAW: Survey ofI llinois Law: Domestic Violence Survey ofI llinois Law: Grandparent Visitation GAMING LAW: The Failure to Regulate the Gambling Industry Effectively: Incentives for Perpetual Non-Compliance HEALTH LAW: Survey ofI llinois Law: Health Care INSURANCE LAW: The Law and Economics of Company-Owned Life Insurance (COLI): Winn- Dixie Stores, Inc. v. Commissioner of Internal Revenue Survey ofI llinois Law: Insurance Law 998 Southern Illinois University Law Journal [Vol. 27 PROPERTY LAW: Survey ofI llinois Law: Real Estate Law