Volume 157, No. 133 Fr i d a y, July 8, 2011 Forty-eight pages in three sections $1.00 Trial Notebook Experts debate merits of the ‘material support’ ban Ferguson was a prosecutor and By Patricia Manson Amendment challenge to material support The “material support” provision is Deutsch and Lyon were on the defense Deadlocked arbitrators exceeded Law Bulletin staff writer provisions “is an ominous expansion of the needed so that those connected with team in the trial of former grocer Muham- Chicago attorney Michael E. Deutsch law and threatens anyone who is involved groups that have “some nexus” with mad Salah and business professor Ab- authority by delegating their job contends that laws that prohibit giving aid in any political activity in support of terrorism “know where the line is,” Fer - delhaleem Ashqar. and comfort to terrorists have been foreign struggles,” Deutsch said. guson said. making the award as they deem best In early 2007, a federal jury in Chicago stretched so far out of shape by the “I think the law has been expanded Ferguson conceded that the line is not supported by the evidence.” acquitted the men in 2007 of charges that president and the U.S. Supreme Court beyond what the intent of Congress set in stone. Paragraph 12 said “the strict formal they sent money to the militant Pales- that they no longer resemble the mea- was.” Prosecutors need the leeway to re- rules of evidence do not apply,” while tinian group Hamas to help finance mur- By Steven P. Garmisa sures enacted by Congress. Professor Andrea D. Lyon of DePaul spond to any changes in the way terrorists Paragraph 17 authorized the arbitrators ders, bombings and kidnappings. Despite his background as a consti- University College of Law contended that pursue their goals, Ferguson said. Hoey & Farina “to ask questions of any witness if they The jury found Salah and Ashqar guilty tutional law professor, President Obama is the alleged expansion of material support “The law is written with some degree do not understand the answer or they of lesser obstruction-of-justice charges. “essentially following the game plan set provisions leaves individuals and entities of openness and flexibility to allow it to be want clarification for any purpose.” Ferguson is now Chicago’s inspector out by the prior administration” and using uncertain as to which activities are for- applied in a way that evolves with the As recounted by the reviewing general. Deutsch is with the Peoples Law the ban on “material support” to foreign bidden. circumstances that we see in the ter- court, there was no dispute about the Office. terrorist organizations as a weapon “The problem with the law is that it’s so rorism realm,” Ferguson said. In an unusual case where arbitrators following facts (taken from Butikofer’s Three years after the verdict was re- against those who oppose certain U.S. vague it would be very difficult to give any But Ferguson contended that this flex- deadlocked during deliberation, they dissent): turned in Salah and Ashqar’s case, the U.S. policies, Deutsch said. money to any kind of foreign humanitarian ibility does not prevent individuals and voted to resolve the impasse by asking During deliberations, Kertz said he Supreme Court in Holder v. Humanitarian And Deutsch said he the U.S. Supreme organization without having some concern organizations from knowing when they one of the defendants what he thought believed that Trimble was not entitled Law Project, 130 S. Ct. 2705 (2010), held Court — or at least a majority of its that you’re giving funds to a bad cause,” step over the line from providing hu- was a fair amount to pay the plaintiff. to any compensation because of the that the government had the authority to members — has not acquitted itself any Lyon said. manitarian aid and conflict-resolution ser- They ended up awarding the plaintiff delay in asserting his claim, but Bu- bar all forms of material support to des- b e t t e r. But former federal prosecutor Joseph vices to bolstering the activities of ter- what the defendant suggested. tikofer argued Trimble deserved Material – page 22 Because of this unusual arrange- $158,675. After two hours of delib- A 6-3 ruling a year ago rejecting a First M. Ferguson does not see it that way. ro r i s t s . ment, the Illinois Appellate Court con- eration, Kertz reportedly suggested cluded the arbitrators exceeded their letting the defendants decide how much authority by improperly delegating they owed Trimble. Casino tax their official functions. With Butikofer dissenting, the mo- The trial judge was ordered to vacate tion passed and the parties and lawyers the award and instruct the parties to were summoned back into the con- money remains proceed with a fresh set of arbitrators. ference room. Kertz asked Tony Graves Trimble v. Graves, No. 5–10–0075 (April what he thought would be a fair amount 14, 2011). to pay Trimble and Graves said up in the air In 1998, R. Joe Trimble leased some $7,000. By John Flynn Rooney registered Jersey cows to Clover Farms The award — signed by Kertz and Law Bulletin staff writer for one year. At some point, Clover Kuenstler — gave Trimble $7,676. The collection and distribution of a Farms allegedly stopped paying rent. Trimble petitioned to vacate the casino tax signed into law by former But Trimble reportedly failed to fetch award, but the trial judge rejected his Illinois Gov. Rod R. Blagojevich cannot be the surviving cows until 2005. request, concluding the arbitrators did enjoined, a federal appeals court ruled A year later, Trimble signed an ar- not exceed their powers when they today in a divided opinion. bitration agreement with Jim Graves, voted to ask Graves what he thought he The 7th U.S. Circuit Court of Appeals Jerry Graves and Tony Graves (d/b/a owed Trimble. Because the strict rules issued an en banc decision in the case Clover Farms). Trimble named Tim of evidence did not apply — and the brought on behalf of four riverboat casinos Butikofer as his arbitrator and the de- arbitrators were authorized to ask clar- operating in Illinois. The defendants in the fendants selected Fred Kuenstler. Then ifying questions — they were entitled underlying case are Illinois horse racing Butikofer and Kuenstler picked Alois to reopen the evidence, the judge tracks. Kertz as the neutral. said. Judge Richard A. Posner wrote today’s Paragraph 6 of the arbitration agree- Reversing, the appellate court ex- majority decision joined by four other ment said that deliberations would start plained that “the arbitrators exceeded judges, while Judge Diane S. Sykes w ro t e as soon as the parties finished pre- their powers when they failed to adhere a dissent, joined by Judges William J. senting evidence and argument — and to the terms of the agreement.” Bauer and Michael S. Kanne. that the arbitrators “will not separate Here are highlights of Justice In the majority decision, Posner ex- until the matter is resolved to their Richard P. Goldenhersh’s opinion (with tended a temporary restraining order for satisfaction and a written document omissions not noted in the text): 30 days against releasing more than $170 prepared, which can be handwritten, Continued on page 4 million being held in escrow at all Illinois racetracks, said William J. McKenna, a Foley & Lardner LLP partner repre- Ben Speckmann senting Balmoral Racing Club Inc. and Maywood Park Trotting Association Inc. Case Summaries After nearly two decades on the bench, Cook County Circuit Judge Jennifer Duncan-Brice will retire at the end of the That extension would allow the riverboat month. casinos to ask U.S. Supreme Court Justice Employment bias — investigation by Ball State; the uni- Elena Kagan to continue the stay order, versity determined that the complaint pending the casinos’ possible filing of a employer liability was substantiated. Ball State’s normal Jurist has ‘that quality that every judge’ wants certiorari petition with the nation’s high- procedure involves progressive disci- est court, McKenna said. Kagan is the pline, beginning with an oral warning. By Pat Milhizer At the end of the month, Duncan- rests. She moved to property condem- Law Bulletin staff writer Brice will continue to handle disputes, nation cases and represented the city’s justice responsible for handling such mat- The district court correctly But in this case, the university de- ters within the 7th Circuit. termined that the situation was serious Growing up the daughter of a steel but she won’t be in the Daley Center. landmark commission before being pro- granted summary judgment on a mill worker, Jennifer Duncan-Brice got The judge who has earned praise from moted to chief and deputy positions in “We are pleased by the [majority] de- enough to immediately give written cision and we’re very gratified,” M c Ke n n a Title VII employment- warnings to both McVicker and Davis. used to moving to a new city to follow lawyers and judges will retire for a the office. discrimination case, given that her father’s job opportunities. mediation gig on July 29, one day shy of Circuit Judge James P. Flannery Jr.has said. “But we also recognize that this legal Shortly thereafter, Vance made a battle is not over.” the plaintiff failed to establish second complaint about use of epithets But in nearly two decades as a Cook her 60th birthday. known Duncan-Brice since they were County circuit judge, Duncan-Brice got “It’s a huge loss,” said Associate law students. Arlington Park Racecourse LLC “is any basis for employer liability by McVicker and Davis. This complaint pleased with [today’s majority] decision was investigated, but there was no used to staying put. Judge Michael R. Panter. “She can han- “She just has a tremendous work for the alleged hostile work When voters elected her to the bench dle anything. ethic, a great deal of integrity and a lot of and looks forward to using the funds for e n v i ro n m e n t . corroboration found. So the university the purposes the legislature intended,” did not institute further discipline on in 1992, Duncan-Brice started in the “She’s got that quality that every common sense,” Flannery said. “I re- Law Division. And she never left. judge really wants so much — to be member one of the years when I worked said John N. Gallo, a Sidley, Austin LLP that occasion. A third complaint did partner. Constantine L. Trela Jr., another • result in counseling sessions regarding So she’s seen plenty of courtroom trusted and sought after and respected with her at the city as a corporation battles to conclude that lawyers who by the lawyers that they want to bring counsel, she tried more civil cases in the Sidley, Austin partner, also represents The 7th U.S. Circuit Court of Ap- workplace communications for Arlington Park Racecourse. McVicker and Davis. fight about every motion and trial issue you their cases.” federal court than any other attorney. peals has affirmed a ruling by U.S. Appeal – page 22 District Judge Sarah Evans Barker. Vance filed a complaint with the are doing something wrong. Before calling Chicago home, Duncan- “When she was promoted at the Maetta Vance worked for Ball State Equal Employment Opportunity Com- “Yo u ’ve got to be able to give on some Brice lived in Crown Point, Ind., Cleve- corporation counsel’s office and put in University in the catering department mission (EEOC) and thereafter made things. Everything shouldn’t be a battle. land, Pittsburgh and Gary, Ind. charge of the Torts Division, part of her beginning in 1989. Initially, she was a several more complaints about her co- And you’ve got to be able to pick those After she graduated from The John job was settling cases. That’s something IRS ends probe substitute server. She was then pro- workers. She also complained that she fights,” she said. “It’s a short life in the Marshall Law School in 1976, she joined that stayed with her when she got on the moted to a part-time caterer position, had been given diminished job respon- big picture and people shouldn’t take it the city of Chicago Law Department as bench.” and then, finally, to a full-time post. She sibilities. Meanwhile, Vance was pro- personally. When I rule, I’m not taking it an assistant corporation counsel. On the bench, Duncan-Brice handles into big donors of was the only black person in her de- moted to her full-time post. She com- personally. I’m doing what I think is She defended the city in federal lit- a general calendar call. That means she par tment. plained, however, that this new post right. And if I’m wrong, you can always igation, representing police officers ac- not only presides over trials for personal political groups The 7th Circuit stressed that since gave her a great deal of extremely appeal me.” cused of excessive force and false ar- Duncan-Brice – page 22 Vance had lost summary judgment, the menial work to do. By Stephen Ohlemacher court looked at the evidence in the light When she received her right-to-sue Associated Press writer most favorable to her. By that account, letter, Vance filed her current action. WASHINGTON — The Internal Rev- Va n c e ’s trouble began in 2001, when Ball State moved for summary judg- Ohio high court defines ‘aggrieved’ in 911 tapes dispute enue Service is dropping its investigation one of her co-workers, Saundra Davis, ment, which was granted. The 7th of five donors for making contributions to hit her on the back of the head without Circuit has now affirmed. By Julie Carr Smyth records commission met only once, he said, at a bar in the city’s the kind of nonprofit groups that have Associated Press writer provocation. Vance also came under a The court first disposed of an ev- downtown. become popular for spending millions of new supervisor, who treated her coldly. identiary issue. After the deadline for COLUMBUS, Ohio — A citizen activist who stood to collect During oral arguments in April, Rhodes’ attorney Craig dollars on political ads in the past few But she did not complain about either of dispositive motions had long passed, $84,000 in fines from a small Ohio city that recorded over 20 Conley told justices it was wrong to paint his client as a money years, the agency announced Thursday. those events at that time and shortly Vance supplemented the record on years of 911 tapes lost his legal battle Thursday. grubber, after Chief Justice Maureen O’Connor asked whether The IRS was trying to determine thereafter Davis left the department. summary judgment with evidence of The Ohio Supreme Court ruled unanimously that Timothy only one party could “cash in” under the law. whether the donors owed federal gift In 2005, Davis returned to the de- additional instances of alleged harass- Rhodes failed to demonstrate that he actually wanted information “First of all, I don’t agree with … ‘cash in.’ The case law is taxes for the donations. partment. Allegedly, Davis and another ment. Ball State argued successfully in contained on the city of New Philadelphia’s 911 tapes and so was clear: This is not compensation to the requesting party, this is a However, IRS spokesman Frank Keith co-worker, Connie McVicker, began us- the lower court that the evidence not “aggrieved” under the state’s public records law. penalty designed to punish and deter,” Conley told the court. said Thursday the law on gift taxes is ing racial epithets and references to the should be stricken because it was an The ruling could squelch about half a dozen similar suits “And without it, the right of access without a remedy is a unclear, so the agency is closing the cases Ku Klux Klan around the plaintiff. attempt to backdoor an amendment to around the state where Rhodes or other activists sought old tapes meaningless right.” and won’t open any new ones until it McVicker, in particular, mentioned her the pleadings, adding additional charges that were no longer available. Rhodes initially sought $4.9 million in penalties, $1,000 a day reviews whether additional guidance or family’s ties to the Klan. The plaintiff of discrimination. In an opinion written by Justice Yvette McGee Brown, the for every one of the 4,968 days of records that were destroyed, legislation is necessary. complained of this treatment as well as The 7th Circuit disagreed with this court said the city “was able to establish through competent court documents indicate. A lower court calculated New Philadel- “The Internal Revenue Service has of the earlier incidents. reasoning. Because this was a hostile credible evidence” that Rhodes was more interested in the phia’s penalty at $84,000 for taping over its 911 recordings from little history to draw from in this area and This complaint resulted in a prompt Continued on page 4 money he stood to collect than in the contents of 911 tapes, which 1975 to 1995, money that would have gone to Rhodes if he the limited guidance we previously issued the city’s police department routinely recorded over. won. on this matter is almost 30 years old,” In 2007, Rhodes requested tapes from 1975 to 1995. When the Similar requests have been made, and fines sought, in other Keith said. tapes weren’t available, he filed suit accusing the city of violating Ohio communities including Canfield, Willard, East Liverpool and “While we review the need for additional records retention requirements in the law. That law says the Bucyrus. A fine of $1.4 million was originally assessed in the guidance or legislation, we will not use Inside “aggrieved” person is entitled to proceeds of a civil forfeiture, a Bucyrus case. resources to pursue examinations on this sort of fine, when public records are improperly destroyed. It does New Philadelphia’s attorney John McLandrich lauded justices issue. Any future action we take will be Criminal Procedure 5 Law School Notes 3 not require a person to say why he wants the information and Thursday for clarifying an important definition within Ohio’s prospective and after notice to the public.” The Illinois Supreme Court’s failure to set out pre- Students at Chicago-Kent College of Rhodes did not give a reason for requesting the tapes. public records law by defining what it means to be “aggrieved.” At issue is whether contributors to the cise rules for jury waivers has fomented nothing but Law have started what they believe is “We cannot ignore the General Assembly’s use of the term During oral arguments, he told the court that every city in the tax-exempt organizations — many of them ’aggrieved,’ and we conclude that the General Assembly did not c o n f u s i o n. the first journal of any American law state recycled its 911 tapes during the period in question by donate six- and seven-figure amounts — intend to impose a forfeiture when it can be proved that the recording over them on a rotating basis — and that Rhodes knew have to pay the 35 percent gift tax on their school to focus exclusively on South re q u e s t e r ’s legal rights were not infringed because the re- that. donations. Slowing down 5 Asian-American legal affairs. quester’s only intent was to prove the nonexistence of the “It was very gratifying that they agreed with what we’d been The IRS did not name the donors or the One columnist compares the practice of yoga to the re c o rd s , ” Brown wrote. arguing all along,” he said after the decision. “From my nonprofit groups to which they contribut- practice of law. She finds that taking some time to Calendar 5 Rhodes’ lawyers argued theirs was a fight for government perspective, it really rationalizes as opposed to weakens Ohio’s ed. But the agency’s confirmation of an slow down and reflect helped her both as an attorney Court Call 6 transparency. They said New Philadelphia was negligent. public records law. If you are truly aggrieved by the destruction of investigation in May could have had a and as a yoga practitioner. State law requires cities to put a records retention policy in information, you can still seek a penalty for improper destruction. chilling effect on politically active groups New Suits 15 place and to inform the Ohio Historical Society when they plan to It’s just that if you’re shopping around trying to find a forfeiture, that have become integral to campaigns. destroy records. New Philadelphia did neither. The city’s open it won’t be a cash cow.” IRS – page 22

ON THE WEB AT w w w. C HICAGOL AW B ULLETIN. COM -ATTORNEYSI N T RANSITION. COM - w w w. S U L L I VA N S L AW D I R E C T O RY . COM - J OBS.LAW B ULLETIN. COM 22 — CHICAGO DAILY LAW BULLETIN F r i d a y, July 8, 2011 Appeal Aid Continued from page 1 Continued from page 3 Duncan-Brice During 2006, while Blagojevich was impose the constructive trust due to the time when more than half the year was in central and southern Illinois, LSC fund- governor, he signed the 2006 Horse Rac- Tax Injunction Act (TIA), 28 U.S.C. [sec- already over. ing comprises nearly 40 percent of the Continued from page 1 ing Act, 230 ILCS 10/7(a). Among the tion sign] 1341. The impact of that cutback, combined budget. provisions of the bill was a tax levied only The casinos then appealed to the 7th with reductions in state funds, interest on The House committee’s proposal as it injury, medical malpractice and commer- through a lot of the nonsense that goes on on the four most profitable casinos in C i rc u i t . L awyers’ Trust Accounts and other fund- stands, said Lois J. Wood, executive di- cial disputes, she also handles pretrial in these cases.” Illinois. In March, a 7th Circuit majority panel ing sources has put many LSC-supported rector of Land of Lincoln Legal Assistance motions and settlement discussions. Montgomery W. Mackey, a plaintiffs’ The tax was to be placed into the so- comprising Sykes and Bauer reversed legal aid programs under great financial Foundation Inc., represents a “a deep cut One issue that has dominated her lawyer at Mackey & Kramer P.C., said called Horse Racing Equity Trust Fund. both of Kennelly’s rulings. Posner dis- stress, according to the LSC. in funding that is already very, very thin for caseload lately involves heparin, a drug Duncan-Brice will make a smooth tran- The fund was to be paid directly to five sented. In survey responses provided by 121 of legal services. that prevents blood clots and sparked sition to mediation. racetracks in Illinois. The tax and the fund The initial 7th Circuit’s panel decision the 136 LSC-funded programs, legal aid “Because of last year’s cut and cuts in lawsuits from plaintiffs alleging contam- “She’s always handled pretrials for were to last two years; a 2008 bill ex- holding that Blagojevich has legislative providers are projecting net staff reduc- other sources of funding we are already inated doses. She has about 400 heparin cases on her call and she’s been able to tended the program for another three immunity, McKenna said. tions by the end of 2011 of 445 employees, operating at a deficit this year. It’s a cases on her docket that will be inherited devote a pretty good amount of time on years Four of the racetrack defendants including more than 200 attorneys, be- manageable deficit because we have some by her judicial replacement. working on getting those cases settled. So The plain transfer of money from one sought rehearing en banc. The 7th Circuit cause of layoffs and attrition, the LSC funds in reserves, but heading into 2012, if In the 1990s, Duncan-Brice presided I think she’ll be a good mediator. She’s gambling operation to its competitor drew agreed to reconsider the issue involving reported in a news release. we were to absorb a full cut as proposed by over all the cases involving doctors and perceived as both the plaintiff’s and de- immediate fire. Evidence began to surface the Tax Injunction Act. According to the survey responses, the House committee it would obviously medical staff who received anaphylactic fense bar as a fair person and a smart that Blagojevich essentially accepted “The Tax Injunction Act does not bar the LSC noted, 57 percent of the legal aid require us to rethink our staffing and our shock from wearing latex gloves. All of person,” Mackey said. bribes from operators of the racetracks in federal monetary relief,” Posner wrote for programs project budget deficits for 2011 ser vices.” those cases settled without trial. The quality that judges need the most, exchange for his influence in getting the the majority in today’s decision. “What the totaling more than $19 million, 42 per- The legal aid organization already tar- When his cases are assigned to Duncan- Duncan-Brice said, is objectivity. bill passed. federal courts must not do is freeze the cent of the respondents said they had gets its resources to “just the most critical Brice, defense attorney Joseph A. Ca- “You have to be willing to work and Those allegations were among those state’s tax moneys by imposition of a imposed a salary freeze and 31 percent legal problems,” Wood said, including mar rasaid he knows he’s getting a judge listen to people,” she said. “Then you get that ultimately found Blagojevich re- constructive trust.” anticipate reducing employee benefits problems of victims of domestic violence, who will read everything he has filed. educated. That’s one of the fun things moved from office and on trial for federal Chief Judge Frank H. Easterbrook, this year. people facing foreclosure, senior victims “You know you’re going to be dealing about this job. I don’t think a month goes felonies. A federal jury convicted Blago- along with Judges Diane P. Wood, John In Illinois, the LSC provides funding to of elder abuse and people struggling to with somebody who will work as hard, if by where I don’t learn something. At- jevich on June 27 on 17 corruption-related Daniel Tinder and David F. Hamilton the Legal Assistance Foundation of receive healthcare. not harder, than you are. You know where torneys educate me. That’s why you’ve charges, including wire fraud, attempted joined in the majority decision. Metropolitan Chicago, Land of Lincoln The House committee is expected to she stands right from the outset,” said got to keep your mind open and your ears extortion and conspiracy to solicit a bribe. Sykes said in her dissent that “the Legal Assistance Foundation Inc., which adopt the spending proposal when it Camarra of Cassiday, Schade LLP. open, so you’ll hear something new.” Before Blagojevich stood trial, the casi- T I A’s jurisdictional bar does not apply.” has its headquarters in East St. Louis, and meets on Wednesday, LSC spokesman “She’s probably the hardest working Duncan-Brice has two adult children nos filed a flurry of lawsuits. The first “The casino surcharge is not struc- Prairie State Legal Services Inc. based in Steve Barr said. The proposal would then judge I know. She has her motion call; she and is married to Harry L. Brice, a retired round of those reached the Illinois tured as a tax and a constructive trust on Ro c k f o rd . advance to the House floor before going to has her calendar she follows; she’s trying Cook County prosecutor. When her ju- Supreme Court before the allegations of the racetracks’ private escrow as a rem- The previous 4 percent cut in LSC the Senate. cases and in between all of this, she’s dicial days end at the end of the month, she corruption surfaced. Those lawsuits were edy for the alleged RICO violations will funding that hit legal aid organizations “We certainly hope that there’ll be a pretrying cases,” Camarra said. “Yo u will join Resolute Systems. dismissed. not interfere with the assessment or midyear translated to a reduction of about compromise between the Senate and the know you’re going to get a hard working “I’m happy for her that she gets to A second round was filed after the 2008 collection of any state revenue,” the dis- $500,000 to the three Illinois programs House,” Barr said. “But when you’re judge. You know you’re going to get re t i re , ”Camarra said. “But it’s a bad thing extension; by this time, the evidence of sent said. collectively, which had been receiving starting with at a 26 percent cut, it’s just a somebody who understands the law and for our system because she’s the type of malfeasance was available. In 2009, the Seventh Circuit Judges Joel M. Flaum, $13.7 million in LSC funding in 2010. very scary process going forward.” you’re going to get somebody who un- judge that any lawyer would want to have casinos filed a claim under the Racketeer Ilana Diamond Rovner and Ann Claire At Land of Lincoln Legal Assistance derstands when she’s being b.s.’d. their case in front of.” Influenced and Corrupt Organizations Act Wi l l i a m s did not take part in the con- Foundation Inc., which serves 65 counties E-mail: [email protected] “She gives everybody their fair time to against Blagojevich and the operators of sideration or decision in the case. state their position but she tends to cut E-mail: [email protected] the racetracks. The case is Empress Casino Joliet Corp. The lawsuit also requested that a con- et al. v. Balmoral Racing Club Inc., et al. No. structive trust be placed over the pro- 09-3975. Retrial ceeds from the tax. Robert M. Andalman, a Loeb & Loeb FCC Continued from page 3 Both sides filed motions to dismiss. LLP partner, represents the casinos on Continued from page 2 U.S. District Judge Matthew F. Kennelly appeal. He could not be reached for com- lead counsel in the prosecution against chance to testify and use modern rules of then refused to find that Blagojevich en- ment for this article. that “with the future of newspapers under years. Thursday’s ruling comes as the former Gov. George H. Ryan, and Chicago evidence. joyed legislative immunity from the suit. threat, it seems hard to justify the con- current FCC, now under Democratic con- lawyer James D. Montgomery. Genson said he has been reading ev- But the judge also found that he could not E-mail: [email protected] tinuation of a rule barring a newspaper- trol, is seeking to wrap up its latest review, The Springfield retrial includes the erything and anything he can find about broadcast combination.” which began last year. following cast of lawyers: Assistant Sang- the 1865 case in preparation for the retrial. The FCC’s media ownership rules, In a statement Thursday, the FCC said amon County State’s Attorney Wi l l i a m Even though it’s not necessarily a real which exist to ensure that communities the current review will allow it to take Andrew Davis, Assistant U.S. State’s At- case, Genson was hesitant to reveal too have choices for local news, include “appropriate steps to ensure that the torney Gregory K. Harris, local attorney much about his strategy. Fo r d limits on the number of television and nation’s media marketplace remains Carol Hansen Posegate and Urbana at- Conti, who will be defending Surratt with radio stations that one company can own healthy and vibrant.” torney J. Steven Beckett. Genson, said she is honored and excited to Continued from page 2 in a market and cross-ownership re- The court case goes back to the FCC’s U.S. District Judge James B. Zagel is participate in the Chicago retrial. strictions. Holdings in some markets, 2002 review. Then-FCC Chairman set to preside over the Chicago event and “It’s a chance to rewrite history and drivers and several safety features that though a newer offshoot known as MyFord such as Atlanta, where Cox Media Michael Powell tried to increase the num- Appellate Court Justice Thomas R. Ap- that’s always fun,” she said, adding that use sensors. One of the features au- Touch has been panned by Consumer Group owns WSB-TV and The Atlanta ber of TV and radio stations that a com- pleton will handle the Springfield retrial. she has already started trash talking with tomatically steers the vehicle into a par- Reports and criticized by buyers in a Journal-Constitution, are grandfathered pany could own in a market. He also tried Burke said actresses will play the part Webb, who will be prosecuting Surratt. allel parking space and another alerts recent J. D. Power & Associates quality in. to relax the ban on the same company of Surratt and broadcast journalist Bill Not only does she expect the event to drivers to vehicles in their blind spots and sur vey. Congress requires the FCC to review owning both a newspaper and a TV station Kurtis will provide “coverage” of the be fun to watch, but Conti said the au- warns of potential collisions when backing Harmes said, before filing suit, Eagle its media ownership rules every four in the same market. Chicago retrial. In addition, Burke said the dience will learn about the case, as well as out of a parking space. Harbor repeatedly told Ford in 2009 and audiences will get to participate as the how defendants’ rights differ between Ford has been highlighting some of the 2010 that it was infringing on the com- jurors deciding the case. civilian trials and military trials. innovations in recent commercials and pany’s patents. John Lupton with the Illinois Supreme “The beauty of it is we’ve got history, about 80 percent of Ford buyers get their “We would prefer to reach some busi- IRS vehicle with Sync, a $395 option that ness settlement with Ford as opposed to Court Historic Preservation Commission we’ve got creativity, we’ve got enter- Continued from page 1 said he has been providing historical in- tainment and we’ve got legal issues,” she responds to voice commands and has been continuing the suit,” he said. formation about Surratt’s trial to the par- said. “All of those things coming together installed on nearly 4 million vehicles since Eagle Harbor has been in discussions its introduction in 2007. Sync has been a with other automakers and suppliers In the 2010 congressional elections, a tigation was politically motivated. ticipating lawyers, who will stick to the is just going to be fabulous.” number of groups incorporated as non- The IRS said the examinations were facts of the case, but have some creative Tickets cost $25 each and go on sale major contributor to Ford’s improved rep- about its technology but none have agreed utation and increased market share, to license it yet, Harmes said. profits under Section 501(c)(4) of the tax started by civil servants and there was no wiggle room when it comes to their Aug. 1. They can be purchased by calling code spent millions on political ads with- influence from anyone outside the agency. a rg u m e n t s . (312) 554-2057 for the Chicago event or out disclosing their donors. Rep. Dave Camp, R-Mich., chairman of One major difference, Lupton said, is (217) 558-8934 for the Springfield retrial. The groups predominantly supported the House Ways and Means Committee, that Surratt was tried by a military tri- Republican candidates and causes in 2010, said he is troubled that the IRS did not bunal. In her retrials, she will have the E-mail: [email protected] though both parties are expected to use explain why the investigations were start- Schools them in the 2012 presidential and con- ed in the first place. Continued from page 3 gressional elections. He said the guidance issued by the IRS Several key Republican members of left open the door for future audits, after Material fall, said she hopes to get an article for the Paul said he would like to pursue a Congress questioned whether the inves- new guidance is issued. Continued from page 1 next annual edition of Satyam on medical career in education law and eventually malpractice law or personal injury law. She teach in a law school. ignated terrorist groups, even if that sup- and renounce violence.” also will try to solicit an article on in- Dhandayutham said his “main love” is port took the form of training and advice Also released on June 21 was a letter tellectual property because “a lot of South criminal law, but he is also interested in about peaceful and legal activities. urging Secretary of State Hillary Rodham Asian attorneys do IP,” she said. “A lot immigration law, corporate and interna- The high court rejected the argument Clinton to exempt from the material sup- have science and engineering back- tional law. that provisions in the Antiterrorism and port provisions activities “directly aimed g ro u n d s . ” Tannan said she is considering medical Effective Death Penalty Act that allow the at preventing or resolving conflicts.” In fact, Paul said, “joining law is a malpractice law. government to take such a step violate the The letter notes that the Supreme relatively new thing” for people of South First Amendment’s guarantee of free Court in Humanitarian Law Project held Asian descent. E-mail: [email protected] speech and assembly. that Congress may impose restrictions on On June 21, a slew of organizations conflict-resolution and other activities, not acting under an umbrella group called the that it must. Charity and Security Network marked the And Congress, in turn, enacted a statu- one-year anniversary of the Humanitar - tory provision giving the secretary of state ian Law Project ruling with a statement the power to determine whether to lift No. 0703 calling for the reform of U.S. laws and restrictions on certain activities, the letter policies that purportedly hamper char- says. MY TREAT By Pete Muller / Edited by Will Shortz 1234 5678 910111213141516 itable activities and violate the First The letter was signed by more than two Amendment and the due process clause. dozen individuals, included former U.S. WHEN THIS PUZZLE IS DONE, THE CIRCLES WILL CONTAIN FIVE DIFFERENT LETTERS OF THE ALPHABET. CONNECT EACH SET OF CIRCLES 17 18 19 20 21 22 CONTAINING THE SAME LETTER, WITHOUT CROSSING YOUR LINE, TO MAKE A SIMPLE CLOSED SHAPE. THE RESULTING FIVE CLOSED SHAPES “Laws governing ‘material support’ to Rep. Bob McEwen of Ohio; executive TOGETHER WILL FORM A PICTURE OF A 117-ACROSS. THE FIVE LETTERS CAN BE ARRANGED TO NAME A GOOD PLACE TO GET A 117-ACROSS. 23 24 25 26 designated terrorist organizations sweep director Jolynn Shoemaker of Women in too broadly, criminalizing life-saving hu- International Security; and Professor Car- Across 51 “In case you 107 Sniggled 12 Private eye Peter 27 28 29 30 1 Essence weren’t listening 109 A stake, of old TV ...” manitarian aid to civilians, efforts at peace- rie Menkel-Meadow of Georgetown Uni- 5 Start of a nursery metaphorically 13 “___ Man” (1992 31 32 33 34 building and speech advocating only law- versity Law Center and Irvine Law School rhyme 53 Amazon’s 110 Holly genus movie) business, e.g. 35 36 37 38 39 40 41 ful, nonviolent activity, even where it at the University of California. 9 “I won’t bore you 111 Attack fervently 14 Obscure things 55 Whence 113 Doing some 15 Neophytes furthers no terrorist acts whatsoever,” the Also signing the letter were several with the rest” spiderlings 42 43 44 45 46 47 48 cartoon work 16 Manchester statement says. “In addition, the laws give organizations, including some that joined 12 Actress Davis emerge 115 Cruise, say United rival the executive branch broad discretion to the statement calling for the reform of 17 They’re often 59 Ingredient in a 49 50 51 52 53 54 deep-fried 117-Across 117 Something 18 Bristle place groups on terrorist lists without material support policies and laws. delicious to 64 Suffix with meth- 20 Wild ones may be 55 56 57 58 59 60 61 62 63 19 1964 title role drink sown affording them adequate notice and a The Constitution Project, a Washing- for Tony Randall 65 Island visited by meaningful opportunity to defend them- ton, D.C.-based organization dedicated to 121 Version of a 26 Lived and 64 65 66 67 68 21 ___-jongg Captain Cook in 117-Across 1778 breathed selves.” strengthening the rule of law, was among 22 Indy 500 legend 123 What a graph 69 70 71 72 73 74 75 67 Year Columbus 28 Pizazz Organizations joining the statement those organizations. 23 1950s NBC icon may show died 29 Gobble up 76 77 78 79 80 81 82 included the Arab-American Anti-Dis- TCP senior counsel Sharon Bradford 24 Spanish for 124 Baltimore and 31 Meas. of screen 68 French kings’ Philadelphia crimination Committee, American Franklin said there was no question that “rope” coronation city resolution 83 84 85 86 87 126 Come to ___ Friends Service Committee, National As- the United States needs to fight ter- 25 Some versions of 69 Imprudent 33 Valuable iron ore a 117-Across 127 “Catch-22” 37 Possible response 88 89 90 91 sociation of Criminal Defense Lawyers ro r i s m . 71 David of bomber pilot and Grantmakers Without Borders. And Franklin said laws prohibiting ma- 27 Ingredient in a television to “You’ve got 117-Across 128 “Later, spinach between 92 93 94 95 96 97 98 99 100 101 73 Brawl alligator!” Kay Guinane, the director of the Wash- terial support for terrorist activities can be 30 “How is this your teeth” 75 Thin Japanese 129 Versatile utensil 102 103 104 105 106 107 108 109 ington, D.C.-based Charity and Security effective weapons in that fight. possible?” noodle 38 Fails 130 Whizzes at Network, emphasized that the state- But the laws also can backfire if they are 31 Repeat 76 Salsa seller 39 Excessively 110 111 112 113 114 quizzes? orderly, 78 Ready, with “up” ment’s signers are not calling for the not wielded properly, Franklin contended. 32 Green lights 131 Name connector informally 80 Broadway lights 115 116 117 118 119 120 elimination of material support provi- “Unfortunately, those laws sweep too 34 “___, danke” 132 Pizazz 41 Jewish deli order sions. broadly and they prohibit conduct that, No. 35 Reversal of sorts 82 Word with black 133 Influence or stream 43 State straddling 121 122 123 124 125 Instead, Guinane said, the signers are 1, should be allowed by the First Amend- 36 “Top Chef” host two time zones: Lakshmi 83 Utensil for a 117- Abbr. 126 127 128 129 asking for the ability, with the fear of ment and, No. 2, hinder efforts to combat Across Down 40 Trouble’s 45 Thailand, once criminal prosecution, to provide aid and ter rorism,” Franklin said. 86 Sugary drinks 1 Fellas in partner, in “Goodfellas,” 47 West Coast 130 131 132 133 training in conflict-torn areas “so we can Shakespeare 88 ___ nothing e.g. evergreens get terrorist groups to lay down their arms E-mail: [email protected] 41 Kimchi-loving 89 Like the 2 Barely manages 50 Like mountains buildings at land 3 Bad thing to be in and computer 63 Hurdles for high- 84 Utensil for a 117- 99 Low-rent district 112 Rents out Machu Picchu images 42 “___ honor” 4 Container for a school jrs. Across 100 Artist whose 114 Cos. that offer 91 Watched 52 Burned things 44 Some cuts 117-Across 66 Main lines 85 Field unit name is an access 92 ___ Fields 54 Caustic cleaners 46 “___ straight!” 5 Cortisol-secreting 70 Six: Prefix 87 Quantity of a key anagram of Calendar 95 Filmmaker gland 55 ___ corn 116 Old U.S.P.S. 48 DKNY Riefenstahl 72 Mountain ingredient in a “artisan” routing codes 6 Family member, in 56 Twisty tree Continued from page 5 competitor 96 Senator Hatch sighting, maybe 117-Across 101 Director Lee dialect feature 118 Manitoba tribe 49 1960s campus 98 ___ nova (1960s 74 Mountain 90 Scoreless score 103 Offer, as a hand 7 Construction crane 57 “Beau ___” 119 Pull (in) Delivery of Legal Services Committee AUGUST 3 grp. dance) 77 Breathing aids 92 Inside look? 105 French teacher attachment 58 ___ sponte (of its 120 “And Winter Meeting 102 Characters in 8 It’s crunched 79 Movie villain 93 The primary 106 It may come Board of Directors Meeting For any three answers, “The Hobbit” own accord) Came …” artist Sponsor: Kane County Bar Association Sponsor: Illinois Paralegal Association call from a touch-tone 9 Baby baby? 60 Pots and pans for who sought to instruction after a typo phone: 1-900-285-5656, 104 “Web ___” 122 Is for two or Noon 5:30-8:15 p.m. Reed Smith 10 Besmirch baking disrupt a space 94 Bit of gymwear 108 ___ Pérignon $1.49 each minute; or, (ESPN segment launch more? KCJC Law Library 10 S Wacker Dr 40th Fl with a credit card, 1-800- showing great 11 Like many a 117- 61 Spanish wine 97 Winnemucca 111 Need nursing, 81 Union opponent 125 Shade of blue Info: 630-762-1915; fax: 630-762-9395 Info: 815-462-4620; fax: 815-462-4696 814-5554. fielding plays) Across 62 It may be burnt resident, e.g. say