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The Legality Of Arbitration Proceedings Before Sports Courts, Marios Papaloukas

Marios Papaloukas

This article by Marios Papaloukas is about the legal problems caused by the fact that sports courts are considered as arbitration courts. Is forced arbitration allowed in sports cases?

Index (Volume 72)

International Law Studies

No abstract provided.

Original Intent: Does The Double Jeopardy Clause Apply To Incarceration?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Neonaticide: Less Than Murder?, James J. Dvorak

Northern Illinois University Law Review

This comment examines the crime of infanticide. The comment includes a brief history of infanticide and an explanation of how the crime is treated in common law countries. A comparison of the United States and other common law countries leads the author to suggest that the United States should adopt an infanticide statute similar to that of other common law countries.

Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 1998

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

The Lawlessness In Our Courts, Susan P. Koniak

Faculty Scholarship

Elsewhere I have argued that the word "law" is too important a resource to reserve exclusively for state acts and pronouncements.⁵ Here, however, my emphasis is somewhat different. Here, I want to concentrate on the importance of denying the label of "law" to some acts that the state calls "law," particularly the importance of lawyers denying the state's indiscriminate use of the word "law." The bar's rhetoric maintains that the profession's independence from the state is critically important because only an independent bar can serve as an appropriate check on tyranny, on state force masquerading as law.⁶ Well, …

The Outer Boundaries Of The Bankruptcy Estate, Thomas E. Plank

Scholarly Works

No abstract provided.

Getting Out Of This Mess: Steps Toward Addressing And Avoiding Inordinate Delay In Capital Cases, Dwight Aarons

Scholarly Works

No abstract provided.

Why Bankruptcy Judges Need Not And Should Not Be Article Iii Judges, Thomas E. Plank

Scholarly Works

No abstract provided.

Imperfect Death Penalty Not Acceptable, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Mid-Atlantic Ethics Committee Newsletter, Summer 1998

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Heads Up!: The Baseball Facility Liability Act, Ted J. Tierney

Northern Illinois University Law Review

This comment examines law regarding spectator injury at baseball games. The Baseball Facility Liability Act, which was enacted by the Illinois legislature to prevent spectators from recovering damages for injuries suffered at baseball games is specifically analyzed. The author asserts that the current legislation should be stricken from Illinois law, and proposes changes in the law that would lead to more equitable outcomes in cases involving foul balls.

Hedge-To-Arrive Contracts: Jurisdictional Issues Under The Commodity Exchange Act, Jennifer Durham King, James J. Moylan

Northern Illinois University Law Review

This article addresses the conflicting judicial and administrative agency interpretations of a recent innovation in agricultural merchandising known as Hedge-to-Arrive ("HTA") contracts. This article examines the first federal district court opinion upholding HTA contracts as forward contracts, exempt from the Commodity Exchange Act ("CEA") and regulation by the Commodity Futures Trading Commission ("CFTC"). The article also examines the CFTC's approach to regulating HTA contracts in its administrative forum. The CFTC has taken the position that HTA contracts marketed to the general public are illegal futures contracts. A CFTC Administrative Law Judge recently took the position that HTA contracts are not …

Baby Richard And Beyond: The Future For Adopted Children, Anthony S. Zito

Northern Illinois University Law Review

The author sets forth the facts underlying the Baby Richard case from the time he was conceived until the time of his adoption and analyzes the case law which ensued as a result of the situation. The author then addresses the amendment to the adoption act which resulted from the Baby Richard case. The article next explores the Does' possible courses of action and evaluates the chances of them regaining custody. Finally, the article suggests the possibility of a solution for the future of adopted children.

Throwing Like A Girl: Constitutional Implications Of Title Ix Regarding Gender Discrimination In High School Athletic Programs, Tracy J. Johnson

Northern Illinois University Law Review

This comment examines various approaches to dealing with sexual discrimination in high school sports. The decisions reveal that equal protection under the law is violated if the classification between males and females in connection with team sports is based on stereotypic notions or assumptions. The author suggests that rules which automatically exclude all females from competing with the males for a place on a team violate equal protection and impair the important governmental objective of providing full and equal opportunity to educational programs and activities. Finally, this comment stresses that in order to provide meaningful athletic opportunities to young women, …

Constitutionalizing Kwik-E-Mart, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Electronic Communications And The Law: Help Or Hindrance To Telecommuting?, Jennifer C. Dombrow

Federal Communications Law Journal

During 1997, an estimated 11.1 million workers preformed some portion of their work by telecommuting. This number is expected to grow as employers continue to discover the benefits that can result from instituting a telecommuting policy. This growth may be hindered, however, by controversy concerning employee privacy rights. Although the use of electronic communications in the workplace is common, the laws addressing employee privacy rights and employer monitoring rights concerning these communications are ambiguous. New legislation is necessary to specifically define the respective rights of employers and employees. Without this new legislation, the benefits of electronic communications in the workplace, …

Refusing To Follow Doctor's Orders: Texas Takes The First Step In Holding Hmos Liable For Bad Medical Decisions, Amy Stoeckl

Northern Illinois University Law Review

This comment examines health maintenance organizations (HMOs) and other managed care entities and the defenses used to escape liability in medical malpractice suits. Texas became the first State to pass legislation that would put an end to one such defense and place liability on HMOs. The author suggests that such State legislation is not enough to hold HMOs liable and recommends that Congress rethink the federal statutes that still protect HMOs from liability.

The Evolving Fiduciary Duty Solution For Shareholders Caught In A Closely Held Corporation Trap, James M. Van Vliet Jr., Mark D. Snider

Northern Illinois University Law Review

The purpose of this article is to review the development of the fiduciary duty owed in closely-held corporations. The judicially developed rule expands the ability of the courts to provide relief for shareholders who lack the voting power to force a change and has neither a statutory nor contractual right to relief. The authors identify the theoretical basis, general scope and content of the rule, as well as some other issues that still need to be decided in the course of the further development of the rule.

No Longer Free To Offend: Involuntary Civil Commitment Statutes For Sexual Predators Create The Basis For A Uniform Act, Lisa A. Wilson

Northern Illinois University Law Review

This comment examines the progression of involuntary civil commitment statutes for repeat sex offenders beginning in the 1930's and moving into the 1990's in terms of statutory changes and improvements. This comment also illustrates why these involuntary commitment statutes are the best solution to curb sexual predation with an eye towards the ultimate protection of the public. Finally, this comment stresses the need for a uniform act designed to incorporate those aspects of the currently existing sex predator statutes which best protect the community from repeat sex offenders.

The Political Psychology Of Child Molestation: Import For The Rule Of Law, Ibpp Editor

International Bulletin of Political Psychology

This article describes the problematic nature of child molestation for the rule of law.

A Return To States' Rights? The Rehnquist Court Revives Federalism, Melanie K. St. Clair

Northern Illinois University Law Review

This comment examines three decisions of the 1997 Supreme Court Term in which the Court invalidated Federal laws: Printz v. United States, City of Boerne v. Flores, and Reno v. ACLU. This comment looks for a unifying trend in the decisions in an effort to determine if the Court is moving in a new philosophical direction. The author suggests that the decisions do signal a renewed commitment to States' rights and federalism. Further, the decisions reveal the Court's antagonism toward the largess and enlarged scope of Congress. The author suggests that the decisions are an attempt by the Court to …

Irreconcilable Principles: Law, Politics, And The Illinois Supreme Court, Jackson Williams

Northern Illinois University Law Review

This article attempts to evaluate the recent criticisms of the political structure of the Illinois Supreme Court. The author examines the electoral and legal systems that usually come into potential conflicts. The goal of the article is to illustrate some important issues in the environment free from the sensationalism of press accounts and the emotionalism of political attacks, and provoke a sensible debate among the State's bar, legislators, and public about how the perception of a "political" court impacts on Illinois' legal system.

When "Reason" Is In The Eye Of The Beholder: A Reexamination Of The "Reasonable Man" Standard As Applied To Organizational Management, James R. Jones

Marketing and Management Faculty Proceedings & Presentations

“Specifically, issues of race, gender, disability, status, etc. provide a new context in which to judge the reasonableness of an individual’s actions.” The concept of the "reasonable man" is one of long standing in the legal profession of the United States. As the United States has become an increasingly polyglot society, the need to reexamine the sufficiency of a single "reasonable man" standard is clear. Specifically, issues of race, gender, disability status, etc. provide a new context in which to judge the reasonableness of an individual's actions.

Mid-Atlantic Ethics Committee Newsletter, Spring 1998

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

What's The Difference? Interpretation, Identity And R. V. R.D.S., Allan Hutchinson, Kathleen Strachan

Dalhousie Law Journal

Lawyers hanker after authority. Whether it be in enforcing the law or justifying law's institutional power, there is an almost desperate yearning to establish and maintain the legitimacy of law and, therefore, of themselves, in a social world in which the whole notion of authority is challenged and undermined. When it comes to matters of legal interpretation, jurists and judges still crave some method that will ground or trace back an interpretation to a foundational or ultimate source that can confer authority on one particular interpretation over another. However, recent jurisprudential debate has done fatal damage to the notion that …

Sovereign Indignity? Values, Borders And The Internet: A Case Study, Eric Easton

All Faculty Scholarship

This article focuses on the publication ban issued by a Canadian court in a notorious murder trial, and the popular reaction to the publication ban, as a case study of the new global communications environment. Part I reconstructs the factual circumstances that provoked the ban, as well as the responses of the media, the legal establishment, and the public. Part II examines the ban itself, the constitutional challenge mounted by the media, and the landmark Dagenais decision. Part III reflects on the meaning of the entire episode for law, journalism, and national sovereignty.

The Dagenais decision demonstrates the continued independence …

The Demise Of Law Reform And The Triumph Of Legal Aid: Congress And The Legal Services Corporation From The 1960’S To The 1990’S, William P. Quigley

Saint Louis University Public Law Review

No abstract provided.

The Solicitor General And The Interests Of The United States, David A. Strauss

Law and Contemporary Problems

Strauss examines the institutional and administration approach to the issue of the Solicitor General's involvement in legal questions not directly involving the federal government.

With Law In Their Minds: Some Reflections On The Nature Of Public International Law At The Light Of Current Political Science Theory, Carlos Fernando Diaz

ILSA Journal of International & Comparative Law

The conclusion I came to during my time in the Foreign Office was that the old international order was neither a natural phenomenon to which humanity had simply adjusted its behaviour nor a fortuitous aggregation of countless past events of human interaction.