Table Of Content

VOLUME 29 INDEX TITLE INDEX Lead Articles INTRODUCTION TO THE IMMIGRATION MATTERS SYMPOSIUM Cindy G. Buys THE SEPTEMBER | 1 IMMIGRATION DETENTIONS AND UNCONSTITUTIONAL EXECUTIVE LEGISLATION Raquel Aldana THE RHETORIC OF REFORM: NONCITIZEN WORKERS IN THE UNITED STATES i Te Pe OP ETE TeP e CEST Te 43 IMMIGRANTS, COPS AND SLUMLORDS IN THE MIDWEST Guadalupe T. Luna MORE THAN A LICENSE TO DRIVE: STATE RESTRICTIONS ON THE USE OF DRIVER’S LICENSES BY NONCITIZENS Maria Pabon Lopez “TIL DEATH Do US PART... AFTER THAT, MY DEAR, YOU’RE ON YOUR OWN: A PRACTITIONER’S GUIDE TO DISINHERITING A SPOUSE IN ILLINOIS Ronald Z. Domsky DRUG COMPANIES, DOLLARS, AND THE SHAPING OF AMERICAN MEDICAL PRACTICE Marshall B. Kapp, J.D., M.P.H., FCLM FARM WORKERS IN ILLINOIS: LAW REFORMS AND OPPORTUNITIES FOR THE LEGAL ACADEMY TO ASSIST SOME OF THE STATE’S MosT DISADVANTAGED WORKERS Beth Lyon A CLEAR VIEW FROM THE PRAIRIE: HAROLD WASHINGTON AND THE PEOPLE OF ILLINOIS RESPOND TO FEDERAL ENCROACHMENT OF HUMAN RIGHTS Craig B. Mousin OVER THE RIVER AND THROUGH THE WOODS—AGAIN: THE NEW ILLINOIS GRANDPARENT VISITATION ACT Michael K. Goldberg UNITED STATES’ AUTHORITY TO LEGALLY IMPLEMENT THE SELF-DEFENSE AND ANTICIPATORY SELF-DEFENSE DOCTRINES TO ERADICATE THE THREAT POSED BY COUNTRIES HARBORING TERRORISTS AND PRODUCING WEAPONS OF DESTRUCTION Robert A. Zayac, Jr. 796 Southern Illinois University Law Journal 2005 COMMENCEMENT SPEECH Julian Bond SURVEY OF ILLINOIS LAW: THE LATEST TWIST ON THE ILLINOIS RECREATIONAL USE OF LAND AND WATER AREAS ACT: CLAMPING DOWN ON LAND-OWNERS IMMUNITIES Bryan Endres & D.L. Uchtmann SURVEY OF ILLINOIS LAW: SIGNIFICANT DEVELOPMENTS IN EDUCATION LAW 2003-2004 Thomas C. Britton & W. Bradley Colwell SURVEY OF ILLINOIS LAW: EMPLOYMENT LAW Elaine Massock & Debra Stegall SURVEY OF ILLINOIS LAW: HEALTH CARE LAW SURVEY OF ILLINOIS LAW: HEALTH CARE PROFESSIONAL LICENSURE AND DISCIPLINE W. Eugene Basanta SURVEY OF ILLINOIS LAW: PROFESSIONAL CORPORATION LICENSURE Robert John Kane SURVEY OF ILLINOIS LAW: THE COLLATERAL SOURCE RULE Theodore R. LeBlang, J.D. SURVEY OF ILLINOIS LAW: PHYSICIAN FEE SPLITTING: A SURVEY OF CASE LAW AND PUBLIC POLICY INFLUENCING—VINE STREET CLINIC AND URSULA THATCH, M.D., V. HEALTHLINK, INC. Michael F. Daniels SURVEY OF ILLINOIS LAW: HIPAA RESTRICTIONS ON HEALTH INFORMATION RELEASE IN JUDICIAL AND ADMINISTRATIVE PROCEEDINGS Keith E. Emmons SURVEY OF ILLINOIS LAW: 2004-2005 DEVELOPMENTS IN SEVENTH CIRCUIT JURISPRUDENCE: PROTECTING FOREIGN NATIONALS AGAINST RETURN TO COUNTRIES WHERE THEY FEAR PERSECUTION OR TORTURE Scott D. Pollock SURVEY OF ILLINOIS LAW: INSURANCE LAW David J. Roe Index Comments ENSURING COMPETENT AND EFFECTIVE MEDIATORS IN ILLINOIS: UNIFORM QUALIFICATIONS AND CONSUMER EDUCATION Kylie K. Polson THE REGULATION OF INDECENT MATERIAL IN MODERN POPULAR CULTURE Jill Atkins THE SARBANES—OXLEY ACT OF 2002: THE RIPPLE EFFECTS OF RESTORING SHAREHOLDER CONFIDENCE J. Brent Wilkins THE ILLINOIS SEXUALLY DANGEROUS PERSONS ACT: THE CIVILLY COMMITTED AND THEIR FIFTH AMENDMENT RIGHTS, OR LACK THEREOF W. Wylie Blair TRIBUTE BANDS: FLATTERING IMITATORS OR FLAGRANT INFRINGERS Krissi Geary Casenotes VIDEO BIOGRAPHY GETS ALL SHOOK UP: ELVIS PRESLEY ENTERPRISES, INC. V. PASSPORT VIDEO, 349 F.3d 622 (9th Cir. 2003) Krissi Geary THE SUPREME COURT APPROVES ROADBLOCKS THAT ASSIST WITH CRIMINAL INVESTIGATIONS: HOW FAR CAN LAW ENFORCEMENT GO? [LLINOIS V. LIDSTER, 124 S. CT. 885 (2004) Daniel J. Lee TOTALITY OF THE CIRCUMSTANCES: WHY INDIVIDUALIZED SUSPICION IS NO LONGER NECESSARY IN THE MULTI- SUSPECT CONTEXT: MARYLAND V. PRINGLE, 124 S. CT. 795 (2003) Jason D. Johnson LIABILITY FOR NEGLIGENT ISSUANCE OF LIFE INSURANCE: BAJWA V. METROPOLITAN LIFE INSURANCE COMPANY, 804 N.E.2D 519 (ILL. 2004) Scott LeRoy Terry 798 Southern Illinois University Law Journal [Vol. 29 DEFINING “PARTIES AGGRIEVED” UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT: SHOULD PARENTS BE ALLOWED TO REPRESENT THEIR DISABLED CHILD WITHOUT AN ATTORNEY? MARONI V. PEMI-BAKER REGIONAL SCHOOL DISTRICT, 346, F.3D 247 Justin M. Bathon THE EFFECT OF IN RE DEVON M. ON THE ILLINOIS PARENTAGE ACT AND ILLINOIS PUBLIC POLICY: JN RE DEVON M., 801 N.E.2D 128 (ILL. App. CT. 2003) Crystal M. Pipher THE CATALYST THEORY: BEFORE AND AFTER BUCKHANNON AND SIERRA CLUB: SIERRA CLUB V. ENVIRONMENTAL PROTECTION AGENCY, 322 F.3D 718 (D.C. Cir. 2003) Joseph Ponitz Index CONTRIBUTOR INDEX Aldana, Raquel, The September 11 Immigration Detentions and Unconstitutional Executive Legislation Atkins, Jill, The Regulation of Indecent Material in Modern Popular Culture Basanta, W. Eugene, Survey of Illinois Health Care Law Survey of Illinois Law: Health Care Professional Licensure and Discipline Bathon, Justin M., Defining “Parties Aggrieved” Under the Individuals WithDisabilities Education act: Should Parents Be Allowed to Represent Their Disabled Child Without an Attorney? Maroni v. Pemi-Baker Regional School District, 346, F.3d 247 Blair, W. Wylie, The Illinois Sexually Dangerous Persons Act: The Civilly Committed and Their Fifth Amendment Rights, or Lack Thereof Bond, Julian, 2005 Commencement speech Britton, Thomas C., Survey of Illinois Law: Significant Developments in Education Law 2003-2004 Buys, Cindy G., /ntroduction to the Immigration Matters Symposium Colwell, W. Bradley, Survey of Illinois Law: Significant Developments in Education Law 2003-2004 Daniels, Michael F., Survey of Illinois Law: Physician Fee Splitting: A Survey of Case Law and Public Policy Influencing—Vine Street Clinic and Ursula Thatch, De, Me i. soos i ea he ba eee ances 701 Domsky, Ronald Z., ‘Til Death Do Us Part... After That, My Dear, You’re on Your Own: A Practitioner’s Guide to Disinheriting a Spouse in Illinois Emmons, Keith E., Survey of Illinois Law: HIPAA Restrictions on Health Information Release in Judicial and Administrative Proceedings Endres, Bryan, Survey of Illinois Law: The Latest Twist on the Illinois Recreational Use of Land and Water Areas Act: Clamping Down on Land-owners Immunities Geary, Krissi, Video Biography gets All Shook Up: Elvis Presley Enterprises, Inc. v. Passport Video, 349 F.3d 622 SEaOEOahnewoTreOeN e S aT (9th Cir. 2003) 800 Southern Illinois University Law Journal Geary, Krissi, Tribute Bands: Flattering Imitators Or Flagrant Infringers Goldberg, Michael K., Over the River and Through the Woods—Again Johnson, Jason D., Totality of the Circumstances: Why Individualized Suspicion is no Longer Necessary in the Multi-Suspect Context: Maryland v. Pringle, 124 S. Ct. 795 (2003) Kane, Robert John, Survey of Illinois Law: Professional Corporation Licensure Kapp, Marshall B., J.D., M.P.H., FCLM, Drug Companies, Dollars, and the Shaping of American Medical Practice LeBlang, Theodore R., Survey of Illinois Law: The Collateral Source Rule Lee, Daniel J., The Supreme Court Approves Roadblocks That Assist With Criminal Investigations: How Far Can Law Enforcement Go? Illinois v. Lidster, 124 S. Ct. 885 (2004) Lopez, Maria Pabon, More Than a License to Drive: State Restrictions on the Use of Driver’s Licenses by Noncitizens Luna, Guadalupe T., Jmmigrants, Cops and Slumlords in the Midwest Lyon, Beth, Farm Workers in Illinois: Law Reforms and Opportunities for the Legal Academy to Assist Some of the State’s Most Disadvantaged Workers Massock, Elaine, Survey of Illinois Law: Employment Law Mousin, Craig, B., A Clear View From the Prairie: Harold Washington and the People of Illinois Respond to Federal Encroachment of Human Rights Pipher, Crystal M., The Effect of In Re Devon M. On the Illinois Parentage Act and Illinois Public Policy: In Re Devon M., 801 N.E.2d 128 (Ill. App. Ct. 2003) Pollock, Scott D., Survey of Illinois Law: Survey of Illinois Law: 2004-2005 Developments in Seventh Circuit Jurisprudence: Protecting Foreign Nationals Against Return to Countries Where They Fear Persecution or Torture Polson, Kylie K., Ensuring Competent and Effective Mediators in Illinois: Uniform Qualifications and consumer Education .... 2005] Index Ponitz, Joseph, The Catalyst Theory: Before and After Buckhannon and Sierra Club: Sierra Club v. Environmental Protection Agency, 322 F.3d 718 (D.C. Cir. 2003) Roe, David J., Survey of Illinois Law: Insurance Law Stegall, Debra, Survey of Illinois Law: Employment Law Terry, Scott LeRoy, Liability For Negligent Issuance of Life Insurance: Bajwa v. Metropolitan Life Insurance Company, 804 N.E.2d 519 (Ill. 2004) Trucios-Haynes, Enid, The Rhetoric of Reform: NonCitizen Workers in the United States Uchtmann, D.L., Survey of Illinois Law: The Latest Twist on the Illinois Recreational Use of Land and Water Areas Act: Clamping Down on Land-owners Immunities Wilkins, J. Brent, The Sarbanes—Oxley Act of 2002: The Ripple Effects of Restoring Shareholder Confidence Zayac, Robert A., Jr., United States’ Authority to Legally Implement the Self-Defense and Anticipatory Self-Defense Doctrines to to Eradicate the Threat Posed by Countries Harboring Terrorists and Producing Weapons of Mass Destruction TOPIC INDEX AGRICULTURAL LAW: Survey of Illinois Law: The Latest Twist on the Illinois Recreational Use of Land and Water Areas Act: Clamping Down on Land-owners Immunities CORPORATE LAW: The Sarbanes—Oxley Act of 2002: The Ripple Effects of Restoring Shareholder Confidence CRIMINAL LAW AND PROCEDURE: The Supreme Court Approves Roadblocks That Assist With Criminal Investigations: How Far Can Law Enforcement Go? Illinois v. Lidster, 124 S. Ct. 885 (2004) Totality of the Circumstances: Why Individualized Suspicion is no Longer Necessary in the Multi-Suspect Context: Maryland v. Pringle, 124 S. Ct. 795 (2003) 802 Southern Illinois University Law Journal [Vol. 29 The Illinois Sexually Dangerous Persons Act: The Civilly Committed and Their Fifth Amendment Rights, or Lack Thereof EDUCATION LAW: Defining “Parties Aggrieved” Under the Individuals With Disabilities Education act: Should Parents Be Allowed to Represent Their Disabled Child Without an Attorney? Maroni v. Pemi-Baker Regional School District, 346, F.3d 247 Survey of Illinois Law: Significant Developments in Education Law 2003-2004 EMPLOYMENT LAW: Survey of Illinois Law: Employment Law ENVIRONMENTAL LAW: The Catalyst Theory: Before and After Buckhannon and Sierra Club: Sierra Club v. Environmental Protection Agency, 322 F.3d 718 (D.C. Cir. 2003) FAMILY LAW: Over the River and Through the Woods—Again: The New Illinois Grandparent Visitation Act HEALTH LAW: Drug Companies, Dollars, and the Shaping of American Medical Practice Survey of Illinois Law: Health Care Professional Licensure and Discipline Survey of Illinois Law: Professional Corporation Licensure Survey of Illinois Law: The Collateral Source Rule Survey of Illinois Law: Physician Fee Splitting: A Survey of Case Law and Public Policy Influencing—Vine Street Clinic and Ursula Thatch, M.D., v. Healthlink, Inc. ............. 701 Survey of Illinois Law: HIPAA Restrictions on Health Information Release in Judicial and Administrative Proceedings 2005] Index Survey of Illinois Law: Survey of Illinois Law: 2004- 2005 Developments in Seventh Circuit Jurisprudence: Protecting Foreign Nationals Against Return to Countries Where They Fear Persecution or Torture INSURANCE LAW: Liability For Negligent Issuance of Life Insurance: Bajwa v. Metropolitan Life Insurance Company, 804 N.E.2d 519 (Ill. 2004) Survey of Illinois Law: Insurance Law IMMIGRATION LAW: Introduction to the Immigration Matters Symposium The September 11 Immigration Detentions and Unconstitutional Executive Legislation The Rhetoric of Reform: NonCitizen Workers in the United States Immigrants, Cops and Slumlords in the Midwest More Than a License to Drive: State Restrictions on the Use of Driver’s Licenses by Noncitizens Farm Workers in Illinois: Law Reforms and Opportunities for the Legal Academy to Assist Some of the State’s Most Disadvantaged Workers A Clear View From the Prairie: Harold Washington and the People of illinois Respond to Federal Encroachment of Human Rights INTELLECTUAL PROPERTY LAW: Video Biography Gets All Shook Up: Elvis Presley Enterprises, Inc. v. Passport Video, 349 F.3d 622 (9th Cir. 2003) Tribute Bands: Flattering Imitators Or Flagrant Infringers INTERNATIONAL LAW: United States’ Authority to Legally Implement the Self- Defense and Anticipatory Self-Defense Doctrines to Eradicate the Threat Posed by Countries Harboring Terrorists and Producing Weapons of Mass Destruction MEDIA LAW: The Regulation of Indecent Material in Modern Popular Culture 804 Southern Illinois University Law Journal [Vol. 29 PROPERTY LAW: ‘Til Death Do Us Part .. . After That, My Dear, You’re on Your Own: A Practitioner’s Guide to Disinheriting a Spouse in Illinois