November 2013 Featured In This Issue The Seventh Circuit Court of Appeals Gets A New Chief Judge, by Brian J. Paul The Changing of the Guard in the Northern District of Illinois, by Jeffrey Cole Address to the Seventh Circuit Bar Association and the Seventh Circuit Judicial Conference Annual Joint TheThe Meeting May 6, 2013, by Senator Richard G. Lugar Through the Eyes of a Juror: A Lawyer's Perspective from Inside the Jury Room, by Karen McNulty Enright The Seventh Circuit Inters "Self-Serving" as an Objection to the Admissibility of Evidence, by Jeffrey Cole My Defining Experience as a Lawyer: Taking a Seventh Circuit Appeal, by Ravi Shankar CirCircuitcuit How 30 Women Changed the Course of the Nation’s Legal and Social History: Commemorating the First National Meeting of Women Lawyers in America, by Gwen Jordan J.D., Ph.D. Common Pleading Deficiencies in RICO Claims, by Andrew C. Erskine You Can Have It Both Ways: Fourth Amendment Standing in the Seventh Circuit, by Christopher Ferro and Marc Kadish RiderRiderT HE J OURNALOFTHE S EVENTH A Life Well Lived, by Steven Lubet C IRCUITIRCUIT B AR A SSOCIATION Significant Amendments to Rule 45, Federal Rules of Civil Procedure, to Take Effect on December 1, 2013, by Jeffrey Cole Sealing Portions of the Appellate Record: A Guide for Seventh Circuit Practitioners, by Alexandra L. Newman Changes &Challenges The Circuit Rider In This Issue Letter from the President . .1 The Seventh Circuit Court of Appeals Gets A New Chief Judge, by Brian J. Paul . 2-4 The Changing of the Guard in the Northern District of Illinois, by Jeffrey Cole . ... .5-7 Address to the Seventh Circuit Bar Association and the Seventh Circuit Judicial Conference Annual Joint Meeting May 6, 2013, by Senator Richard G. Lugar . ..8-10 Through the Eyes of a Juror: A Lawyer's Perspective from Inside the Jury Room, by Karen McNulty Enright . 11-13 The Seventh Circuit Inters "Self-Serving" as an Objection to the Admissibility of Evidence by Jeffrey Cole. 14-17 My Defining Experience as a Lawyer: Taking a Seventh Circuit Appeal, by Ravi Shankar . 18-22 How 30 Women Changed the Course of the Nation’s Legal and Social History: Commemorating the First National Meeting of Women Lawyers in America, by Gwen Jordan J.D., Ph.D. 23-27 Common Pleading Deficiencies in RICO Claims, by Andrew C. Erskine . .28-33 You Can Have It Both Ways: Fourth Amendment Standing in the Seventh Circuit, by Christopher Ferro and Marc Kadish . 34-36 A Life Well Lived, by Steven Lubet . 37-38 Significant Amendments to Rule 45, Federal Rules of Civil Procedure, to Take Effect on December 1, 2013, by Jeffrey Cole . .39-41 Sealing Portions of the Appellate Record: A Guide for Seventh Circuit Practitioners, by Alexandra L. Newman . 42-49 Get Involved. .4 Send Us Your E-Mail. 7 Writers Wanted! . .17 Upcoming Board of Governors’ Meeting . .22 Seventh Circuit Bar Association Officers for 2012-2013 / Board of Governors / Editorial Board. .50 The Circuit Rider 1 the Association will host a reception for Chief Judge Wood, beginning at 3:30 p.m. in the James Benton Parsons Courtroom at Letter from the P r e s i d e n t the Dirksen Federal Building. More information about these President Julie A. Bauer events can be found on our website. Winston & Strawn, LLP On February 20-21, 2014, our sister organization, the Seventh Circuit Bar Association Foundation will present a two-day symposium entitled “Rethinking the War on Drugs.” It will reetings to the Members of the G explore competing views of one of the most hotly debated public Seventh Circuit Bar Association. I policy issues today – the War on Drugs and the ramifications of welcome you to another issue of The changing the way we fight that war – drawing on public policy Circuit Rider and another bar year. experts, physicians knowledgeable about addiction, economists, judges, journalists and state and local officials. It promises to Those of you who joined us in Indianapolis be a first-rate event. CLE credit will be available. in May experienced first-hand the excellent programs planned by Past President Of course, the Association’s major task is the planning and Christopher Scanlon and his team. We were treated to production of our annual meeting. Our 63rd Annual Meeting appearances by former Senator Richard Lugar at lunch and Chief will be held on May 11-13, 2014 at the Radisson Blu Aqua in Justice John Roberts, along with Circuit Justice Elena Kagan at Chicago, designed by the acclaimed Jeanne Gang of Studio our annual dinner. We heard interesting and thought-provoking Gang Architects and located just north of Millennium Park in discussions about the future of legal education and the prospects Lakeshore East. Our Sunday evening reception will be at the of filling judicial vacancies. As always, we enjoyed Museum of Broadcast Communications, a fun venue for anyone opportunities for bench and bar to get to know each other, and who has ever watched TV or listened to the radio. Solicitor appreciate each other’s perspectives on the judicial system, a General Donald Verrilli, Jr. will speak at our annual dinner, and little better. we will be joined once again by our Circuit Justice Elena Kagan. We are planning plenary sessions on the federalization of state Happily, several vacancies in our circuit have been filled recently. crimes, the impact of the move away from the billable hour We welcome Judges Sara Ellis and Andrea Wood in the Northern and dealing with the pro se litigant. We will have break-out District of Illinois and Colin Bruce in the Central District of sessions of interest to civil, criminal and bankruptcy practitioners. Illinois. Manish Shah has been nominated for the remaining Please mark your calendars now and watch your e-mail for vacancy in the Northern District of Illinois. However, one seat announcements on hotel reservations and conference registration. on the Court of Appeals remains vacant, as do two seats in the district courts in Wisconsin, and two vacancies are expected in Finally, Magistrate Judge Jeffrey Cole and his committee have downstate Illinois in the coming months. put together another excellent issue of The Circuit Rider. I know that you will enjoy articles on our new Chief Judges in the Seventh The new bar year began with a celebration of women lawyers. Circuit and the Northern District of Illinois, Senator Lugar’s Along with the Illinois State Bar Association, under the leadership concerns about the current state of the confirmation process of of my colleague Paula Hudson Holderman, we sponsored “30 federal judges – a matter that affects every one of us – a top Female Blackstones Gather in Chicago,” a commemoration of trial lawyer’s invaluable experience as a juror, the Seventh the first national gathering of women lawyers. The gathering took Circuit’s long overdue interment of the “self-serving” objection place in Chicago in 1893 in conjunction with the World’s Fair. in summary judgment cases, the lessons learned by a young A group of professional women (lawyers, doctors and teachers) Jenner & Block associate in preparing for and arguing his first excluded from participating in the fair formed the Queen Isabella Seventh Circuit Appeal, the intricacies of and pitfalls in pleading Association, which erected a clubhouse just outside fair grounds a RICO case, the significant changes about to take effect under and in August 1893, held a 3-day law conference attended by Rule 45, Fourth Amendment issues in the Seventh Circuit, how 30 women lawyers. For more about the 1893 conference and 30 women lawyers changed the course of the National’s legal our celebration of its 120th anniversary, I hope you will read and social history in 1893, how to seal portions of the record Prof. Gwen Jordan’s fascinating article in this issue. on appeal, and the extraordinary life lessons that all lawyers can learn from the example of Felicia Presser, a young lawyer In November, we will celebrate the new chief judges in our who passed away all too soon. courts at two events. On November 5, the Association, along with the Chicago Bar Association, will host a luncheon honoring I look forward to seeing you at one or more of our events Chief Judge Ruben Castillo of the United States District for planned for this year. For now, enjoy your Circuit Rider. the Northern District of Illinois and Chief Judge Diane Wood of the Seventh Circuit Court of Appeals. And on November 18, The Circuit Rider 2 THE SEVENTH CIRCUIT COURT OF APPEALS GETS A New Chief Judge By Brian J. Paul* As of October 1, 2013, the Seventh Circuit Court of Appeals has been under the leadership of a new chief judge — Diane P. Wood. Chief Judge Wood became the 13th circuit judge to hold the title at the Chicago-based federal appellate court, replacing her colleague, Judge Frank Easterbrook, who had held the position since November 2006. This got me wondering. How does one become a chief judge of a federal appellate court? And what are a chief judge’s duties? We’ll get to the answers to those questions in a moment, but first a little background about Chief Judge Wood. After graduating from the University of Texas at Austin School of Law in 1975, Wood clerked for Judge Irving Goldberg of the Fifth Circuit Court of Appeals, and then after that for Justice Harry Blackmun of the U.S. Supreme Court. She later worked briefly for the U.S. State Department on issues relating to international investment, antitrust, and technology transfers.