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Federal Statutory Restrictions On The Enforceability Of Forum Selection Clauses, Timothy S. Rigsbee
Federal Statutory Restrictions On The Enforceability Of Forum Selection Clauses, Timothy S. Rigsbee
Northern Illinois University Law Review
This author examines the relationship between the forum selection clauses and particular federal statutes. The comment traces judicial attitudes concerning forum selection clauses and analyzes how courts have applied the public policy exception to the enforceability of forum selection clauses recognized by the Supreme Court in The Bremen v. Zapata Off-Shore Co. In particular, the comment examines the anomalous treatment courts have given forum selection clauses under FELA, the Jones Act, the Securities Acts, the Federal Arbitration Act, the Miller Act, and the Carriage of Goods by the Sea Act. The article then examines Carnival Cruise Lines, Inc. v. Shute, …
Florida V. Bostick: Abandonment Of Reason In Fourth Amendment Reasonable Person Analysis, James F. Heuerman
Florida V. Bostick: Abandonment Of Reason In Fourth Amendment Reasonable Person Analysis, James F. Heuerman
Northern Illinois University Law Review
This note examines the United States Supreme Court's decision which addressed the constitutionality of "bus sweeps" -- random suspicionless police questioning of interstate bus travelers. The Court concluded that a reasonable bus passenger could feel free to disregard police questioning, and accordingly found that not all such encounters are entitled to Fourth Amendment scrutiny. The author explores the Court's decision and contends that only by severely underestimating the inherent coercion in such encounters was the Court able to avoid the intuitive conclusion that passengers are "seized" during such questioning.
At The Boundaries Of Law And Equity: The Court Of Appeals For The Federal Circuit And The Doctrine Of Equivalents, Paul C. Craane
At The Boundaries Of Law And Equity: The Court Of Appeals For The Federal Circuit And The Doctrine Of Equivalents, Paul C. Craane
Northern Illinois University Law Review
This comment examines the doctrine of equivalents, focusing on the tensions created by the continued attempts of the Court of Appeals for the Federal Circuit to bring certainty and structure to this equity-based doctrine. As the comment unfortunately concludes, these attempts to introduce certainty and structure have increased the confusion as to many different aspects of patent litigation and practice. The author suggests that a more viable solution to the problem would be to restrict the scope of the doctrine rather than add additional analytical restrictions to the doctrine of equivalents.
Less Than Perfected: Uncertainty In Illinois Judgment Lien Law, Frank Stepnowski
Less Than Perfected: Uncertainty In Illinois Judgment Lien Law, Frank Stepnowski
Northern Illinois University Law Review
Attempting to reduce the confusion surrounding Illinois judgment lien law, the author explores contradictory decisions of the past involving levy and execution, chancery's creditor's bill, and citation to discover assets. The article calls for clarification and specific reforms of Illinois's Article XII of the Code of Civil Procedure to conform judgment collection procedures with modern practice, the Bankruptcy Code, and the UCC.
Vol. 13, No. 1, Fall 1992: Table Of Contents, Northern Illinois University Law Review
Vol. 13, No. 1, Fall 1992: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Compromising Positions: An Essay And Review Of Abortion: The Clash Of Absolutes. By Laurence H. Tribe, Charles A. Rees
Compromising Positions: An Essay And Review Of Abortion: The Clash Of Absolutes. By Laurence H. Tribe, Charles A. Rees
Northern Illinois University Law Review
This review examines Laurence Tribe's book on abortion, focusing special attention on Tribe's discussion of compromises to the abortion dilemma and his own apparent resolution of the issue. Following an evaluation of Tribe's work, this review considers other possible compromises to the abortion dilemma which are suggested by the United States Constitution.
The Legal Profession In Transition: An Address At The Graduation Ceremonies Of Northern Illinois University College Of Law, Claire L'Heureux--Dubé
The Legal Profession In Transition: An Address At The Graduation Ceremonies Of Northern Illinois University College Of Law, Claire L'Heureux--Dubé
Northern Illinois University Law Review
The Northern Illinois University Law Review is pleased to publish the address delivered by the Honorable Claire L'Heureux-Dubé at the graduation for the class of 1992. Justice L'Heureux-Dubé is a member of the Supreme Court of Canada. Her address comments on the changes occurring in the legal profession as a result of forces of globalism and advances made by women and minorities. In particular, Justice L’Heureux-Dubé warns of the detrimental effects of the commercialization of the legal profession. Above all else, she reminds us that law is a learned profession requiring continuous study and contemplation.
The Supreme Court's Use Of Per Curiam Dispositions: The Connection To Oral Argument, Stephen L. Wasby, Steven Peterson, James Shubert, Glendon Shubert
The Supreme Court's Use Of Per Curiam Dispositions: The Connection To Oral Argument, Stephen L. Wasby, Steven Peterson, James Shubert, Glendon Shubert
Northern Illinois University Law Review
This study is an empirical examination of a set of the Supreme Court's per curiam rulings issued after oral argument between 1969 and 1981. The authors use transcripts of Supreme Court oral argument and the Court's opinions to untangle relationships between oral argument and dispositions, particularly when the Court does not reach the merits. The authors note that oral argument clarifies issues and helps the justices narrow them. The Court's comments in its per curiam dispositions indicate that oral argument is relevant for the Court's dispositions and at times it has been more determinative of outcomes, for example, when counsel's …
When First Amendment Principles And Local Zoning Regulations Collide, Steven I. Brody
When First Amendment Principles And Local Zoning Regulations Collide, Steven I. Brody
Northern Illinois University Law Review
This article examines the conflict between municipal restrictions on adult uses and the fundamental right to freedom of speech. Mr. Brody reviews the Supreme Court tests for resolving the conflict and concludes that most zoning regulations affecting adult uses will be examined under the O'Brien/Heffron tests: (1) the ordinance must provide a sufficient factual basis to support a finding of substantial or important governmental interest; (2) the ordinance's definitions of adult uses and restrictions must be narrowly tailored to affect only those businesses which the ordinance intends to regulate; and (3) the ordinance must provide reasonable alternative channels of communication …
Between A Rock And A Hard Place In Illinois: Constitutional Responses To Adverse Waste Facility Siting Decisions, Tara Fetherling
Between A Rock And A Hard Place In Illinois: Constitutional Responses To Adverse Waste Facility Siting Decisions, Tara Fetherling
Northern Illinois University Law Review
The author undertakes a critical review of the role of public participation in the Illinois waste facility siting statute, concluding that the statute, as currently written, interpreted and implemented supplies only one demonstrable criterion from which county boards make siting decisions--public opposition. Recognizing that appeals from local siting denials are seldom fruitful for waste management developers, the author explores two constitutional responses to the Illinois siting scheme. First the author provides statutory and regulatory bases for application of preemption doctrine and further demonstrates that a basis for preemption of the Illinois statute may be forthcoming as Congress recognizes waste capacity …
Panel Discussion, Richard Babcock, Barbara Flynn Currie, Jack M. Siegel, Charles L. Siemon, Clyde W. Forrest, Arthur L. Dunne
Panel Discussion, Richard Babcock, Barbara Flynn Currie, Jack M. Siegel, Charles L. Siemon, Clyde W. Forrest, Arthur L. Dunne
Northern Illinois University Law Review
The final session of the symposium produced lively discussion among panel participants and the audience. The panel members addressed the practical implications of land use law from the view of developers, academicians, judges and legislators.
The Commodification Of "Nature's Metropolis": The Historical Context Of Illinois' Unique Zoning Standards, Fred P. Bosselman
The Commodification Of "Nature's Metropolis": The Historical Context Of Illinois' Unique Zoning Standards, Fred P. Bosselman
Northern Illinois University Law Review
Professor Bosselman takes an historical look at the early development of zoning in Chicago and concludes that the nineteenth century view of land as simply another form of capital that could be rendered standardized and fungible through commodification led to the adoption of the LaSalle factors. The author notes the influence of the human ecology theory of urban growth on the development of the LaSalle Bank standards and calls both for a reexamination of the theoretical foundations for the standards and for recognition that a theory based upon nineteenth century life may not accommodate the ecological realities of modern life.
An Outsider Looks At Illinois Zoning And Planning, Edward H. Ziegler Jr.
An Outsider Looks At Illinois Zoning And Planning, Edward H. Ziegler Jr.
Northern Illinois University Law Review
This article is an edited version of Professor Ziegler's presentation which provides an outsider's perspective on the current issues facing Illinois land use law. From this perspective, Professor Ziegler examines the adequacy of Illinois regulatory authority, addresses the role of judicial review in the context of zoning decisions, and analyzes the need for planning. Professor Ziegler concludes that better utilization of regulatory authority and an emphasis on planning would provide a better framework for local communities to have zoning classifications sustained on review.
Illinois Annexation Agreements--Are We Behind The Times?, Barbara Baran
Illinois Annexation Agreements--Are We Behind The Times?, Barbara Baran
Northern Illinois University Law Review
Ms. Baran begins her article by discussing the impetus for the Illinois Annexation Agreement Statute. Next, she provides the reader with a thorough analysis of each provision of the statute with particular emphasis on the enforceability of agreements. Ms. Baran notes that uncertainties associated with development make the statute appealing to developers and municipal officials. She believes that the statute provides a sufficient basis for agreements and that it may not be necessary for Illinois to move toward a more specific developer agreement statute. She does, however, promote the position that the statute should be brought up to date and …
Luncheon Address, Lawrence B. Christmas
Luncheon Address, Lawrence B. Christmas
Northern Illinois University Law Review
The speaker reviews the recommendations for correcting Illinois land use policy made by major municipalities in northeastern Illinois. The Northeastern Illinois Planning Commission recruited volunteers to form five task forces for the purpose of developing a new plan. The author notes the areas of the new plan that call for legislative action and questions whether Illinois will move toward planning at the state and regional levels.
Vol. 12, No. 3, Summer 1992: Table Of Contents, Northern Illinois University Law Review
Vol. 12, No. 3, Summer 1992: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
An Alternative For Illinois Land Use Legislation, Clyde W. Forrest
An Alternative For Illinois Land Use Legislation, Clyde W. Forrest
Northern Illinois University Law Review
This article addresses the need for an interrelated planning component in Illinois land use law. Professor Forrest concludes that the existing legislative model is obsolete and fails to address common problems confronting decision makers. In order to remedy the legislative scheme, Professor Forrest proposes an Integrated Planning Model Act which will facilitate efficiency and consistency in managing land use at every level of government.
Metropolitan Public Housing Desegregation Remedies: Chicago's Privatization Program, Leonard S. Rubinowitz
Metropolitan Public Housing Desegregation Remedies: Chicago's Privatization Program, Leonard S. Rubinowitz
Northern Illinois University Law Review
This article examines the opportunities and constraints encountered in attempts to provide housing for low-income Black families through the Gautreaux program. This examination begins with an analysis of the violation and remedy in both the Chicago Housing Authority and Housing and Urban Development cases. Professor Rubinowitz then reports on the implementation of the Gautreaux program over the last fifteen years, discussing the reasons why interest in the program grew and why the supply of housing available to these families did not.
Discriminatory Regulation Of Trial Publicity: A Caveat For The Bar, Joel H. Swift
Discriminatory Regulation Of Trial Publicity: A Caveat For The Bar, Joel H. Swift
Northern Illinois University Law Review
In Gentile v. State Bar of Nevada the United States Supreme Court declared unconstitutional a widely adopted professional regulation covering attorney discussion of pending criminal cases. The Court's conclusion was based in large part on a perceived risk of discriminatory enforcement against defense counsel. This article demonstrates that the Court's concern about discriminatory enforcement is supported by the empirical evidence. Extensive studies of disclosures in criminal cases demonstrate that an attorney trial publicity problem exists, and is substantially one of improper prosecutorial publicity. Nevertheless, the attention of the organized bar and its enforcement of disciplinary rules on trial publicity have …
Edmonson V. Leesville Concrete Co.: Reasoned Or Result Oriented Jurisprudence?, Frederick V. Olson
Edmonson V. Leesville Concrete Co.: Reasoned Or Result Oriented Jurisprudence?, Frederick V. Olson
Northern Illinois University Law Review
This note examines the United States Supreme Court decision finding a private litigant's use of peremptory challenges to exclude jurors on account of race in a civil case constituted "state action" and violated the excluded jurors' equal protection rights. The author examines the Court's decision and concludes that the finding of "state action" was not based on reasoned jurisprudence.
California V. Hodari D.: The Demise Of The Reasonable Person Test In Fourth Amendment Analysis, Patrick T. Costello
California V. Hodari D.: The Demise Of The Reasonable Person Test In Fourth Amendment Analysis, Patrick T. Costello
Northern Illinois University Law Review
This note examines the United Supreme Court decision which reexamined the point at which a police-citizen encounter becomes a seizure under the Fourth Amendment. The Court concluded that a police-citizen encounter becomes a seizure only when the citizen yields to the show of police authority. The author contends that the Court's definition of a seizure alters, if not disposes of, the former definition, which defined seizure as the point at which a reasonable person, faced with a show of authority, no longer feels free to leave.
Current Challenges To Free Expression: A New Age Of Repression?, Geoffrey R. Stone
Current Challenges To Free Expression: A New Age Of Repression?, Geoffrey R. Stone
Northern Illinois University Law Review
In this essay, Dean Stone describes three examples of recent challenges to the principle of free expression. Addressing such diverse challenges as Jerry Falwell's dispute with Hustler Magazine and the University of Michigan's prohibition of "hate speech," Stone suggests that there may be dawning a new age of repression. In the final analysis, though, Stone is unable to conclude such a new age is upon us. The challenges may represent a last-ditch effort to forestall the virtually complete abolition of governmentally-enforced standards of decency and civility in public discourse.
Vol. 12, No. 2, 1992: Table Of Contents, Northern Illinois University Law Review
Vol. 12, No. 2, 1992: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
National Black Law Students Association Midwest Region Second Annual Midwest Recruitment And Retention Conference: Focus On Retention--Strategies That Work Articles And Proceedings, National Black Law Students Association
National Black Law Students Association Midwest Region Second Annual Midwest Recruitment And Retention Conference: Focus On Retention--Strategies That Work Articles And Proceedings, National Black Law Students Association
Northern Illinois University Law Review
These Proceedings are a compilation of ideas and articles presented at the 1991 Midwest Region BLSA Recruitment and Retention Conference, held at the Northern Illinois University College of Law. The focus of this year's Conference was retention, and topics ranged from pre-law summer programs to minority clerkship programs; panelists ranged from students, to faculty members, to members of the practicing bar. These Proceedings reflect the shared goal of all those who participated in the Conference--the goal of increased diversity in the legal profession. Table of Contents Introduction - Kathleen Patchel Welcome - Judith A. Browne Keynote Address - Nathaniel R. …
Diminishing Marginal Utility Of Income And Progressive Taxation: A Critique Of The Uneasy Case, Mark S. Stein
Diminishing Marginal Utility Of Income And Progressive Taxation: A Critique Of The Uneasy Case, Mark S. Stein
Northern Illinois University Law Review
A recurring issue in law, economics and politics is how progressive the tax system should be. In 'The Uneasy Case for Progressive Taxation,' a famous article of forty years ago, the authors pronounced themselves unconvinced by arguments for progressive taxation. In this article, Mark Stein contends that 'The Uneasy Case's' uneasiness is based on a faulty analysis of whether income has diminishing marginal utility.
Harmful Error: Arizona V. Fulminante And The Expansion Of The Harmless-Error Rule, Shawn O. Miller
Harmful Error: Arizona V. Fulminante And The Expansion Of The Harmless-Error Rule, Shawn O. Miller
Northern Illinois University Law Review
In Arizona v. Fulminante, the United States Supreme Court held that coerced confessions that are erroneously admitted at trial are now subject to the harmless-error rule. The Court's holding is a radical departure from precedent. Consequently, this note examines this precedent and the Fulminante decision. The author concludes that Fulminante has created inconsistency within the area of law dealing with coerced confessions, increased the possibility of unfair trials, and narrowed defendants' due process rights.