Southern Illinois University Law Journal

Damages for Increased Risk of Future Injury: Can Illinois Courts See into the Future? Dillon V. Evanston Hospital, 771 N.E.2d 357 (Ill. 2002)

J Brian Manion — Tue, 30 Jun 2009 07:02:59 PDT

Casting a Shadow on Illinois’ Sunshine Laws: Rice v. Board of Trustees, 762 N.E.2d 1205 (Ill. App. Ct. 2002)

Charles D. Mockbee IV — Tue, 30 Jun 2009 07:02:58 PDT

Abusing a Limitless Power: Executive Clemency in Illinois

Joseph N. Rupcich — Tue, 30 Jun 2009 07:02:57 PDT

Loose Lips Sink Ships: the Implications of a Liberal Policy Restricting Judicial Speech

Katie A. Whitehead — Tue, 30 Jun 2009 07:02:57 PDT

National Aglaw Center Research Article, J.E.M. Ag Supply, Inc. V. Pioneer Hi-bred International, Inc.: its Meaning and Significance for the Agricultural Community

Michael T. Roberts — Tue, 30 Jun 2009 07:02:55 PDT

Biotechnology development in agriculture has raised challenging intellectual property issues. These issues are framed in the context of a three-prong plant patent statutory scheme, involving the Utility Patent Act, the Plant Variety Protection Act, and the Plant Patent Act. The agricultural community, which includes agricultural biotechnology companies, seed companies, and agricultural producers, has debated whether utility patents are excluded from the scope of the Utility Patent Act. Producers contended that Congress superceded the Utility Patent Act when it created the Plant Variety Protection Act and the Plant Patent Act and that sexually reproducing plants (seeds and seed grown plants) are protected exclusively by federal law under the provisions of the Plant Variety Protection Act. Seed companies, on the other hand, retorted that sexually reproducing plants are within the scope of the Utility Patent Act and that neither the Plant Protection Act nor the Plant Variety Protection Act superceded the Utility Patent Act. The dispute was resolved in December 2001, by the United States Supreme Court in J.E.M. Ag Supply, Inc. v. Pioneer Hi-Bred International, holding that utility patents may be issued for plants under the Utility Patent Act, despite distinct protections available under the Plant Variety Protection Act and the Plant Protection Act. This article outlines the factual, procedural, and legal background of the dispute in J.E.M. and explains the rationale and scope of the Supreme Court’s decision. This article also addresses the meaning and significance of the decision to the agricultural community. Articles Editors, Matt Morris & Joe Rupcich.

Mixed up Questions of Fact and Law: Illinois Standards of Appellate Review in Civil Cases Following the 1997 Amendment To Supreme Court Rule 341

Kathleen L. Coles — Tue, 30 Jun 2009 07:02:54 PDT

A recent line of Illinois Supreme Court decisions has announced a new "clearly erroneous" standard of appellate review for findings of " mixed questions" of fact and law by Illinois administrative agencies. The new state standard is based on the federal standard of review for findings of fact by federal district court judges. After providing an overview and comparison of federal and state standards of review in civil cases, this article examines and analyzes the process by which the new Illinois standard of review for mixed questions was developed; discusses the uncertainties surrounding the new rule’s source, scope, and application; and recommends clarification of the source and scope of the new rule and more explicit use of a "functional" approach to the process of selecting and explaining standards of review. The analysis and discussion takes place against the backdrop of Illinois Supreme Court Rule 341, which was amended in 1997 to focus more attention on the issue of standards of review. Articles Editor, Michael Murphy.

The Role of Law Schools in Improving Access to Justice: the Story of the Southern Illinois University School of Law and the Family Mediation Program

Suzanne J. Schmitz — Tue, 30 Jun 2009 07:02:53 PDT

Law schools across the county can significantly contribute to improving the public’s access to the justice system. Improving the public’s access to the justice system helps to ensure that equal justice is enjoyed by all classes of people. One way to provide equal justice to all is through a cooperative effort among academia, courts, and practitioners. A prime example of one such cooperative effort is that of the Southern Illinois University School of Law and the First Judicial Circuit of Illinois, which collaborated to create the First Judicial Circuit Court-Referred Family Mediation Program. The Southern Illinois University School of Law has assisted the First Judicial Circuit Court-Referred Family Mediation Program in numerous ways since its inception. This article will discuss these contributions in the hope of encouraging other law schools and their faculty members to work toward the creation of a more equal justice system. Articles Editor, Sarah Holsapple.