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Articles 1 - 30 of 61
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State Prisons Turning Into De Facto Mental Health Institutes: A Comparative Look At The Illinois And Nebraska State Prison Systems, Margaret Kramer
State Prisons Turning Into De Facto Mental Health Institutes: A Comparative Look At The Illinois And Nebraska State Prison Systems, Margaret Kramer
Northern Illinois Law Review Supplement
This Comment discusses the systems of approaching mental health in Nebraska and Illinois state prison systems. Starting with how prison systems became some of the largest de facto mental health institutes in the country after deinstitutionalization happened on a national scale. It will then provide the guidelines and regulations in place for both Nebraska and Illinois. This Comment will then discuss what regulations would be most beneficial and how some of these can help in continuing after an individual is released from prison.
Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Vol. 12, No. 1, Fall 2020, Northern Illinois University Law Review
Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Vol. 12, No. 1, Fall 2020, Northern Illinois University Law Review
Northern Illinois Law Review Supplement
No abstract provided.
Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Vol. 11, No. 1, Fall 2019, Northern Illinois University Law Review
Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Vol. 11, No. 1, Fall 2019, Northern Illinois University Law Review
Northern Illinois Law Review Supplement
No abstract provided.
Bridging The Gap Between Immigration Detainment And Parental Rights: A Constitutional Consideration Of Migrant Children Separation, Kelsey Burge
Northern Illinois Law Review Supplement
Federal immigration law does not completely comport with state family law because some federal legislation, such as the Adoption and Safe Families Act (ASFA), requires states to initiate parental custody proceedings due to children being separated from their parents for a statutorily defined period, even when parents are detained in immigration centers with very uncertain timelines. Parental custody proceedings involve factors that each state has authority to enact evaluating parental fitness; however, the factors may be implicitly or explicitly biased toward migrant parents, resulting in migrant parental custody being terminated unfairly. While Trump's zero-tolerance policy enacted in 2018 sparked outrage …
Kennedy V. Bremerton School District: A Fumble The Supreme Court Needs To Recover, Emily C. Neely
Kennedy V. Bremerton School District: A Fumble The Supreme Court Needs To Recover, Emily C. Neely
Northern Illinois Law Review Supplement
Many people support one or the other: freedom of religion or freedom from religion. Current Supreme Court case law favors the protection of students' rights under the Establishment Clause. However, First Amendment free speech rights for public officials do not enjoy the same protection. Previous notes seek to affirm the constitutionality of restricting the speech of public officials in deference to the Establishment Clause. This Note differs from those, however, by acknowledging the prominent role that the Establishment Clause plays in protecting student rights, but also advocating for greater First Amendment protection for public officials.
Title Ix After 45 Years: Overlooked Disparities In The National Junior College Athletic Association And California Community College Athletic Association, Brittany A. Miller
Title Ix After 45 Years: Overlooked Disparities In The National Junior College Athletic Association And California Community College Athletic Association, Brittany A. Miller
Northern Illinois Law Review Supplement
Junior colleges, unlike colleges in the National Collegiate Athletic Association, have been neglected in the Title IX discussion on disparities in female athletics. Newly compiled data in this article reveals that women who participate in athletics in the National Junior College Association and the California Community College Athletic Association receive fewer athletic opportunities, less athletic expenses, and less athletically-related student aid than males do. Despite these glaring disparities, junior colleges have been absent from the Title IX discussion. However, this article sheds light on such disparities in hopes to compel change for female athletics at the junior college level. Further, …
Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Vol. 10, No. 2, Spring 2019., Northern Illinois University Law Review Online Supplement
Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Vol. 10, No. 2, Spring 2019., Northern Illinois University Law Review Online Supplement
Northern Illinois Law Review Supplement
No abstract provided.
Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Vol. 10, No. 1, Fall 2018., Northern Illinois University Law Review Online Supplement
Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Vol. 10, No. 1, Fall 2018., Northern Illinois University Law Review Online Supplement
Northern Illinois Law Review Supplement
No abstract provided.
Lost In Translation: Persons With Limited English Proficiency And Police Interaction In The United States, Anastasia Coppersmith
Lost In Translation: Persons With Limited English Proficiency And Police Interaction In The United States, Anastasia Coppersmith
Northern Illinois Law Review Supplement
This article explores United States jurisprudence of the constitutionality of language rights as it correlates to communications between law enforcement officials and non-English speaking persons in emergency situations. The judicial and legislative bodies provide protections to limited English speaking minorities in the realms of education, healthcare, and when navigating through the United States court system. However, these protections are not extended to include interactions between language-minority citizens and initial police interactions during emergency situations.
Vol. 9 No. 2, Spring 2018; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Vol. 9 No. 2, Spring 2018; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Northern Illinois Law Review Supplement
No abstract provided.
Vol. 9 No. 2, Spring 2018; Law Is A Battlefield: Why Musicians And Politicians Both Lose With Blanket Licensing, Laura E. Schrauth
Vol. 9 No. 2, Spring 2018; Law Is A Battlefield: Why Musicians And Politicians Both Lose With Blanket Licensing, Laura E. Schrauth
Northern Illinois Law Review Supplement
When musicians allege that politicians they dislike have used their music without authorization, those allegations make the news, but rarely, if ever, do those news sources mention when the politicians have purchased licenses for that music. Unsurprisingly, copyright law is never a topic of media mention. Licensing is a straightforward, nondiscriminatory procedure that allows anyone who pays the necessary fee the right to exercise the license. When it comes to political uses, however, copyright law loses in a landslide to public opinion, which dictates how vocal opponents think licenses should work without acknowledging how licenses do work. Academia can count …
Vol. 9 No. 1, Fall 2017; Purpose, Prudence, And Path: Reevaluating The Primary Jurisdiction Doctrine In The Context Of Opioid Litigation, Abby Cunningham
Vol. 9 No. 1, Fall 2017; Purpose, Prudence, And Path: Reevaluating The Primary Jurisdiction Doctrine In The Context Of Opioid Litigation, Abby Cunningham
Northern Illinois Law Review Supplement
The primary jurisdiction doctrine is a judicially created discretionary tool which allows a court to halt proceedings in an action where a regulatory agency's interpretation of an issue within the matter is sin qua non to the full and final determination of the case. The doctrine first took shape in the early years of the 20th century and continues to be used today. The contours of the doctrine, however, have remained somewhat indistinct; its purposes of promoting uniformity, utilizing agency expertise, and promoting a proper working have not always been considered; and courts have failed to properly implement the doctrine. …
Vol. 9 No. 1, Fall 2017; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Vol. 9 No. 1, Fall 2017; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Northern Illinois Law Review Supplement
No abstract provided.
Vol. 8 No. 2, Spring 2017; Injuries From Foul Balls, Broken Bats, And Railing Fall-Overs: Who Is Liable?, Jennifer Beebe
Vol. 8 No. 2, Spring 2017; Injuries From Foul Balls, Broken Bats, And Railing Fall-Overs: Who Is Liable?, Jennifer Beebe
Northern Illinois Law Review Supplement
Every Major League Baseball season ends with multiple injuries, if not casualties, resulting from flying baseball bats and baseballs entering the stands at unimaginable speeds, or eager spectators falling over the railings trying to catch a souvenir. The Illinois Baseball Facility Liability Act addresses who is liable when these unfortunate situations occur. However, the Act fails to give concrete safeguards that could be implemented in professional baseball stadiums to help alleviate some of the injuries that continue to occur. Additionally, the Act fails to give those unfortunate victims of these injuries or casualties a clear idea as to when they …
Vol. 8 No. 2, Spring 2017; The Predatory Hiring Standard For Section 2 Violations Of The Sherman Antitrust Act, Nicole Page
Vol. 8 No. 2, Spring 2017; The Predatory Hiring Standard For Section 2 Violations Of The Sherman Antitrust Act, Nicole Page
Northern Illinois Law Review Supplement
In antitrust claims of predatory hiring, plaintiffs allege that defendants have attempted to monopolize the market by eliminating their business or injuring their ability to compete by hiring away their employees. Universal Analytics, Inc., the principal case deciding this type of antitrust action, determined that unlawful predatory hiring may be established in two ways: (1) by showing the hiring was made with such predatory intent, or (2) by showing a “clear nonuse in fact.” After considering the criticism of the standards by legal scholars and examining key cases following Universal Analytics, Inc., this Note acknowledges the evolution of the application …
Vol. 8, No. 2, Spring 2017; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Vol. 8, No. 2, Spring 2017; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Northern Illinois Law Review Supplement
No abstract provided.
Vol. 8 No. 1, Fall 2016; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Vol. 8 No. 1, Fall 2016; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Northern Illinois Law Review Supplement
No abstract provided.
Vol. 8 No. 1, Fall 2016; Respite For Tantalus: Illinois’S Sexually Violent Persons Commitment Act – Due Process In (In)Action, Brian E. Wilson
Vol. 8 No. 1, Fall 2016; Respite For Tantalus: Illinois’S Sexually Violent Persons Commitment Act – Due Process In (In)Action, Brian E. Wilson
Northern Illinois Law Review Supplement
Under current Illinois law, criminals who have been adjudicated guilty of committing certain types of sex offenses can, at any point during their incarceration, be involuntarily committed indefinitely. They are sent to the Treatment and Detention Facility in Rushville, Illinois, where they are to undergo treatment for various disorders, and are not released until the Department of Human Services determines they no longer present a danger of re-offending. While this is the intent of the law, in practice this secondary commitment is violating these offenders' Due Process rights. This Comment examines the Sexually Violent Persons Commitment Act in Illinois; its …
Vol. 8 No. 1, Fall 2016; The Fatal Fiala Flaw: Hey! Why Not Just Make Arbitration Agreements Mandatory?, Adam N. Lichtenauer
Vol. 8 No. 1, Fall 2016; The Fatal Fiala Flaw: Hey! Why Not Just Make Arbitration Agreements Mandatory?, Adam N. Lichtenauer
Northern Illinois Law Review Supplement
This Article discusses the ability of healthcare agents to bind their principals with arbitration agreements when admitting their principals to nursing homes. A recent Illinois appellate court decision had the unfortunate effect of allowing nursing homes to expand the authority of healthcare agents to encompass arbitration agreements by simply making such agreements a requirement for admission. Although this ruling has the potential to further disadvantage people who are already unable to care for themselves, this Article will discuss approaches that can be used to correct the misstep.
Vol. 7 No. 2, Spring 2016; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Vol. 7 No. 2, Spring 2016; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Northern Illinois Law Review Supplement
No abstract provided.
Vol. 7 No. 2, Spring 2016; The Great De-Bait: America, Deer Hunting, And The Camouflage Of Anti/Pro-Baiting Regulations, Cole Deblaey
Vol. 7 No. 2, Spring 2016; The Great De-Bait: America, Deer Hunting, And The Camouflage Of Anti/Pro-Baiting Regulations, Cole Deblaey
Northern Illinois Law Review Supplement
Big-game baiting is hunting’s civil war of the soul, a battle of ideas like few the sport has ever seen. Most debates in the hunting community deal with the mechanics of the sport, nuts-and-bolts issues such as season dates, equipment and management strategies of wildlife agencies. This one is different. It questions the heart, soul, and motive of a hunter–and that inflames deep passions. The argument has been waged between brothers in the world’s oldest sport at hunting lodges, wildlife agencies, seats of government, and the ballot box. This Comment canvases and attempts to demystify the camouflage of pro and …
Vol. 7 No. 2, Spring 2016; Muddy Waters: Why Polluted Groundwater Infiltrating Navigable Waters Should Not Be Excluded From National Pollutant Discharge Elimination System Permitting, Tad Juilfs
Northern Illinois Law Review Supplement
The debate over whether the Clean Water Act has jurisdiction over migratory groundwater in the same way that it does over navigable waters of the United States (regarding effluent standards) has left a wide split among courts attempting to interpret and apply the policy, goals, and language of the law. The problem lies in the difference between applying the law given its objectives and goals, or in a strict fashion using simply the language in the text of the Clean Water Act, while supplementing support from legislative and case law history. First in this Note, background information is provided regarding …
Vol. 7 No. 1, Fall 2015; Equal Access: A Proposal For Homeschooled Students And Athletics, Cora Moy
Vol. 7 No. 1, Fall 2015; Equal Access: A Proposal For Homeschooled Students And Athletics, Cora Moy
Northern Illinois Law Review Supplement
A prevalent issue that homeschooled students face is access to interscholastic athletics at public schools. Over the past several decades, the United States has seen an upward trend in the number of children who are homeschooled. In Illinois, the local public school determines whether homeschooled students may participate in activities at public schools. While this Comment explores a sample of varying laws and regulations on homeschooled student participation in public school athletics, the purpose is to examine the debate on homeschooler's access to public schools and why the Illinois Legislature should create a minimum standard that would allow homeschooled students …
Vol. 7 No. 1, Fall 2015; As If All The World Were Watching: Why Today's Law Enforcement Needs To Be Wearing Body Cameras, Rikkilee Moser
Vol. 7 No. 1, Fall 2015; As If All The World Were Watching: Why Today's Law Enforcement Needs To Be Wearing Body Cameras, Rikkilee Moser
Northern Illinois Law Review Supplement
The widespread use of body-worn cameras among police departments across the nation is not only the next logical step in law enforcement, but in the wake of the confrontation in Ferguson, Missouri between Michael Brown and Darren Wilson, it is also crucial to ensuring the safety of both civilians and officers alike. This article discusses the numerous advantages to body-worn technology and the positive results that have been demonstrated by precincts already utilizing the equipment; as well as dispels several counter arguments, namely that body-worn cameras are a violation of privacy.
Vol. 7 No. 1, Fall 2015; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Vol. 7 No. 1, Fall 2015; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Northern Illinois Law Review Supplement
No abstract provided.
Vol. 6 No. 2, Spring 2015; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Vol. 6 No. 2, Spring 2015; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Northern Illinois Law Review Supplement
No abstract provided.
Vol. 6 No. 2, Spring 2015; A Circuit Split Involving Ten Federal Circuits: Why Copyright Infringement Actions Should Be Allowed To Proceed After An Application For A Copyright Is Filed, Morgan Johnson
Northern Illinois Law Review Supplement
In 2010, the Supreme Court’s decision of Reed Elsevier, Inc. v. Muchnick addressed the subject matter jurisdiction of a trademark infringement claim. Not only did this avoid the larger question of when a trademark is “registered” under § 411(a), but it lead to further division among the circuit courts. Section 411(a) sets forth the requirements for a trademark infringement suit to be filed; most importantly that it must be “registered.” The registration approach has determined that a trademark is only registered when a party receives an affirmative or negative response, directly from the Copyright Office. The application approach, however, finds …
Vol. 6 No. 2, Spring 2015; Homeless Bill Of Rights: How Legislators Get To Feel Pro-Homeless Without Effort Or Money, Hailey Rehberg
Vol. 6 No. 2, Spring 2015; Homeless Bill Of Rights: How Legislators Get To Feel Pro-Homeless Without Effort Or Money, Hailey Rehberg
Northern Illinois Law Review Supplement
In 2013, Illinois became the second state in the nation to enact a homeless bill of rights to protect homeless persons from discrimination in the right to use and move freely in public spaces in the same manner as any other person, the right to equal treatment by State and municipal agencies, the right not to register to vote and to vote, the right to have personal information protected, and the right to have a reasonable expectation of privacy in his or her personal property. Though legislation to protect the rights of homeless people is necessary, the Illinois Homeless Bill …
Vol. 6 No. 1, Fall 2014; 'Fixing' The First Sale Doctrine: Adapting Copyright Law To The New Media Distribution Paradigm, Samuel Perkins
Vol. 6 No. 1, Fall 2014; 'Fixing' The First Sale Doctrine: Adapting Copyright Law To The New Media Distribution Paradigm, Samuel Perkins
Northern Illinois Law Review Supplement
This Article discusses Section 109 of the Copyright Act, the first sale doctrine, in the context of digital media and internet-based storage. Traditionally, the first sale doctrine served as an important limitation on the exclusive rights of copyright owners, allowing copies of lawfully obtained works to be resold without interference from the copyright owner. As a result of this limitation, physical media remains freely alienable after the first sale, providing secondary markets for used copies and more consumer choice. However, due to the nature of digital media and the recent market shift among media distributors, first sale doctrine has become …
Vol. 6 No. 1, Fall 2014; Protecting The Sanctity Of Family: An Argument For The Equitable Parent Doctrine, Kelli Schmidt
Vol. 6 No. 1, Fall 2014; Protecting The Sanctity Of Family: An Argument For The Equitable Parent Doctrine, Kelli Schmidt
Northern Illinois Law Review Supplement
This Comment examines the rights of men who held themselves out as a child's father or who did not know they were the biological father with a focus on the equitable parent doctrine. Because the equitable parent doctrine has not been adopted in Illinois, the author proposes new legislation. The proposed legislation establishes factors to assist a court in determining when a man should be granted rights to a child with respect to two different scenarios: first, if he held himself out as the child's father, but ultimately found out he was not the biological father, or second, if the …