About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

33 S. Ill. U. L.J. [i] (2008-2009)

handle is hein.journals/siulj33 and id is 1 raw text is: SOUTHERN ILLINOIS UNIVERSITY LAW JOURNAL Volume 33 Fall 2008 ARTICLES THE UNPUBLISHED FREE EXERCISE OPINION IN JENSEN V. QUARING Paul E. McGreal ....................................... 1 Since they were opened to the public in March 2004, the Harry A. Blackmun Papers at the Library of Congress have provided a wealth of information about the United States Supreme Court and its landmark decisions. This Essay leaves the beaten path, focusing on an unpublished Opinion of the Court in the relatively unknown case Jensen v. Quaring. In the official United States Reports, Jensen is a summary disposition-the Court split four to four and so affirmed the lower court without opinion. The Blackmun Papers, however, show that the vote after oral argument was five to three to reverse the court of appeals. After Chief Justice Burger circulated a draft Opinion of the Court that would have radically altered the Court's approach to the Free Exercise Clause, Justice Blackmun switched his vote, making the tally four to four. So, while Jensen could have been a turning point in the Court's Free Exercise Clause jurisprudence, it instead resides in constitutional law obscurity. Articles Editor: Kyle Oehmke. A SURVEY OF RECENT ILLINOIS ETHICS LAW: PROFESSIONALISM IN PRACTICE Kate T. H lava ......................................... 23 Professionalism should be a part of every Illinois lawyer's daily practice. It is not enough to memorize the Rules of Professional Responsibility. Creating a legal practice that reflects one's ethical duties and lives up the high degree of professionalism required by an attorney is a daily task and one that canot be accomplished without effort. The rules can be unclear and ethical dilemmas can be ambiguous. However, in many situations there are no excuses; the rules and case law make clear what is required. There are rules that every attorney should know and ethical duties that should always be implemented. Most importantly, there is help. If you have an ethical question, there are places to turn to find the answer. This article will highlight an attorney's ethical duties, the Rules of Professional Responsibility and Support and Programs that are available. Incorporating this information into your daily practice will not only help you avoid future difficulties with clients and inevitably the ARDC, it will enable you to create a practice that promotes the very fundamentals of attorney professionalism. Articles Editor: Amanda Blades. 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 .................... 71 Courts should refuse to confirm arbitrators' awards when arbitrators fail to comply with the terms of an arbitration agreement requiring them to disclose significant information about themselves. When Congress enacted the FAA, it made it clear that it wanted contracts to arbitrate enforced according to the parties' agreement. The parties' agreement includes the disclosure requirements to which the parties have negotiated themselves or to which they have agreed by electing to follow the procedures of an arbitration association such as the AAA. Parties to arbitration lack

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most