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Articles 1 - 22 of 22
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Is There No Simple Battery Under Illinois Law?, Azhar J. Minhas
Is There No Simple Battery Under Illinois Law?, Azhar J. Minhas
Northern Illinois University Law Review
This piece argues that judicial interpretation of 720 ILCS 5/12-4(b)(8) (1997) of the Illinois Criminal Code, the statute which enhances simple battery to aggravated battery, has opened the door for the abuse of prosecutorial discretion in applying the statute and has led the courts away from its true legislative intent. Specifically, the application of the statute has been overbroad and courts' interpretations of the legislative intent have been far-reaching. Through statutory analysis and the consideration of case law, the author explores the judicial expansion of section (b)(8) and argues for words of limitation in the statute that will help to …
Should The Government Be Allowed To Engage In Racial, Sexual, Or Other Acts Of Discrimination?, Walter E. Block, Roy Whitehead
Should The Government Be Allowed To Engage In Racial, Sexual, Or Other Acts Of Discrimination?, Walter E. Block, Roy Whitehead
Northern Illinois University Law Review
Arkansas law provides scholarship funds to students who meet specified academic criteria. This article examines the constitutional implications of making direct monetary payments to non-secular schools. It analyzes this practice in light of the Establishment Clause, and claims disparate impact discrimination under current administration of the scholarship program. The merits of a private cause of action under §1983 are addressed. The article concludes with the Libertarian perspective of the issues raised.
When Lawyers Were Serial Killers: Nineteenth Century Visions Of Good Moral Character, Roger Roots
When Lawyers Were Serial Killers: Nineteenth Century Visions Of Good Moral Character, Roger Roots
Northern Illinois University Law Review
This article provides a historical look at the meaning of the phrase "good moral character" in the context of the fitness of an individual for the practice of law. Going back to the 1700s, the author traces the origins of fitness requirements. This historical timeline uncovers a shockingly violent period when engaging in duels with pistols seemed to be an unwritten requirement to be considered a gentleman and a lawyer.
Code Blue! Ambulance Manufacturing Specifications May Pre-Empt State Common Law Claims, Michael J. Denning
Code Blue! Ambulance Manufacturing Specifications May Pre-Empt State Common Law Claims, Michael J. Denning
Northern Illinois University Law Review
This comment seeks to apply contemporary pre-emption jurisprudence to the area of federal purchasing specifications. The piece first lays the foundation of pre-emption, and more specifically discusses its inception and maturation, and then provides an analysis of how courts should apply these principles today. Next, the piece introduces federal purchasing specifications, specifically the specification governing the government's acquisition of ambulances. The comment argues that because the specification was written to provide federal uniformity to the ambulance manufacturing field, any state claim seeking to hold a manufacturer to a higher standard than that written into the specification should be pre-empted through …
God, Man, And Law: Of Rights And Responsibilities, E. Thomas Ryder
God, Man, And Law: Of Rights And Responsibilities, E. Thomas Ryder
Northern Illinois University Law Review
This comment examines the evolving construction, modifications and improvements made to the "wall of separation between church and state." Initially, the comment presents an analysis of the unifying religious themes of individual responsibilities, which underlie our rights, as a reason why religion is important, even in schools. The author then reviews the historical origins and early development of the Establishment and Free Exercise Clauses, and examines modem Establishment Clause jurisprudence. The comment then examines the Cleveland, Ohio elementary school voucher program, applying current Establishment Clause jurisprudence. The conclusion then recommends embracing anew the dynamic role of religion in United States …
Practicing Law In The Global Economy, Nancy L. Kaszak
Practicing Law In The Global Economy, Nancy L. Kaszak
Northern Illinois University Law Review
This essay is an edited version of a lecture given by Ms. Kaszak as part of the Francis X. Riley Lecture series at the Northern Illinois University College of Law. It begins by discussing the development of the global economy as resulting from technological developments, such as the personal computer, with the ability to connect globally via the internet, that combine with the relative ease of transporting goods and services across borders making the global economy a reality. It develops the global enterprise as the natural evolution of business in the redefined global economy. The piece then looks at the …
Vol. 22, No. 1, Fall 2001: Table Of Contents, Northern Illinois University Law Review
Vol. 22, No. 1, Fall 2001: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Truth Or Consequences: Why The Rejection Of The Pretext Plus Approach To Employment Discrimination Cases In Reeves V. Sanderson Plumbing Establishes The Better Legal Rule, Marcia L. Mccormick
Truth Or Consequences: Why The Rejection Of The Pretext Plus Approach To Employment Discrimination Cases In Reeves V. Sanderson Plumbing Establishes The Better Legal Rule, Marcia L. Mccormick
Northern Illinois University Law Review
There is a constant tension in employment discrimination law between the recognition that discrimination can be subtle without having direct evidence of its existence and the recognition that under the law, hard evidence is necessary to prove an ultimate fact by a preponderance of the evidence. It was this tension that prompted the Supreme Court to devise a method of proof for employment discrimination cases that differs from the usual civil case. In employment discrimination cases, the plaintiff must first prove a "prima facie" case of discrimination by proving: 1) that he or she is a member of a class …
Adolescent Sports Violence--When Prosecutors Play Referee. Making Criminals Out Of Child Athletes, But Are They The Real Culprits?, Jason R. Schuette
Adolescent Sports Violence--When Prosecutors Play Referee. Making Criminals Out Of Child Athletes, But Are They The Real Culprits?, Jason R. Schuette
Northern Illinois University Law Review
With increasing regularity, prosecutors across the United States are being asked to delineate a line between aggressive play and acts of violence that exceed an acceptable level. This includes the once docile province of youth sports. With that, this comment is devoted to violence in youth sports and the issues involved when criminal penalties are brought against child athletes. Part I analyzes the historical ideology behind the rise of youth sports programs in America; which consequently, is important in comprehending the ideals and beliefs that are intended to be fostered under the guise of youth sport. Part II discusses the …
The Jailed Juror And Other Tales Of Juror Misconduct: Is Reform Required In Illinois?, Laura A. Caldwell, Kimberly A. Wilkins
The Jailed Juror And Other Tales Of Juror Misconduct: Is Reform Required In Illinois?, Laura A. Caldwell, Kimberly A. Wilkins
Northern Illinois University Law Review
This article will report on some of the higher profile cases concerning jury misconduct, as well as some practitioner accounts of such situations. We will summarize Illinois' position on investigations into jury misconduct, then examine common examples of such misconduct. Finally, we will suggest possible reformative measures that could be taken to prevent, or better handle, jury misconduct.
Untangling The World Wide Web: Restricting Children's Access To Adult Materials While Preserving The Freedoms Of Adults, Tim Specht
Northern Illinois University Law Review
This comment examines the current state of the law in the area of internet regulation restricting children's access to adult material. This area of law is very new, with the majority of case precedent developed over just the last five or six years. Although the term "Internet" applies to various aspects of cyberspace including the World Wide Web, e-mail, chat rooms, listservs, newsgroups, FTP sites, and other interactive environments, this essay will focus mainly on the area of the World Wide Web. Part I of this comment provides a brief overview of the U.S. Supreme Court precedent relating to freedom …
Juvenile Delinquency In The Twenty-First Century: Is Blended Sentencing The Middle-Road Solution For Violent Kids?, Christian Sullivan
Juvenile Delinquency In The Twenty-First Century: Is Blended Sentencing The Middle-Road Solution For Violent Kids?, Christian Sullivan
Northern Illinois University Law Review
This article will discuss the history of the juvenile justice system in America, from its English common law origin, through the Progressive Era of the late nineteenth century, to the 1998 revisions in Illinois. In Parts I and IV, the article will focus on current problems with the juvenile system in Illinois, highlighted in the context of a recent Illinois Supreme Court decision, In re G.O., a case in which a thirteen-year-old boy was adjudicated delinquent for first degree murder and sentenced to the Department of Corrections, without parole, until age twenty-one. In Part IV, it will point out the …
State Approaches To Criminalizing The Exposure Of Hiv: Problems In Statutory Construction, Constitutionality And Implications, Christina M. Shriver
State Approaches To Criminalizing The Exposure Of Hiv: Problems In Statutory Construction, Constitutionality And Implications, Christina M. Shriver
Northern Illinois University Law Review
This article discusses the criminalization of HIV transmission and its implications. Part II of this article provides a general overview of the laws, while Part III is a detailed analysis of the specific statutes of the sixteen states with criminal transmission statutes relating to sexual activity. Part IV discusses the problem of vertical transmission of HIV as it relates to criminal transmission statutes. Finally, Part V of this article presents an alternative statutory proposal that could eliminate much of the vagueness and controversy surrounding the current laws.
Vol. 21, Nos. 2-3, 2001: Table Of Contents, Northern Illinois University Law Review
Vol. 21, Nos. 2-3, 2001: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
A Forum For Women's Voices: Mediation Through A Feminist Jurisprudential Lens, Kate Mccabe
A Forum For Women's Voices: Mediation Through A Feminist Jurisprudential Lens, Kate Mccabe
Northern Illinois University Law Review
This article explores the potential that mediation offers to women as a forum to tell their stories in their own voices. Part I explains the process of mediation. Part II examines the interplay of law, mediation and women, suggesting that the adversarial system has failed to acknowledge women and neglected to hear their voices or listen to their stories. This section also investigates the role of mediation within the legal system and the dangers adherent in that position. Part III introduces feminism and feminist jurisprudence. Part IV looks at mediation as an alternative process and explores the vitality of an …
The Treaty Of St. Louis And Black Hawk's Bitterness, John K. Flanagan
The Treaty Of St. Louis And Black Hawk's Bitterness, John K. Flanagan
Northern Illinois University Law Review
In the process of expanding the American West, officials of the United States government negotiated and signed many treaties to obtain land from Indian tribes. Sometimes, more than one treaty was made with the same tribe regarding adjacent land after it was discovered by the government that the previous treaty gave too much land to the Indians. Arguably, many of these treaties involved a form of fraud or coercion on the part of government officials. One example of how lands were obtained by fraud is the Treaty of St. Louis. This article focuses on the reasons why Black Hawk, a …
Frozen Embryos And Divorce: Technological Marvel Meets The Human Condition, Thomas D. Arado
Frozen Embryos And Divorce: Technological Marvel Meets The Human Condition, Thomas D. Arado
Northern Illinois University Law Review
Through the ingenuity of humankind, life can now be created in a petri dish and with it comes a genesis of the legal rights to that life. The 1978 birth of Louise Brown, the first child born using in vitro fertilization (IVF), opened up a new world of legal wrangling which culminated in the Tennessee Supreme Court decision of Davis v. Davis in 1992. The issue of frozen preembryos in divorce cases raises constitutional, property and contract issues, which courts will increasingly have to address. The constitutional issue pits the one party's right to procreate against the other party's right …
Injustice In Our Schools: Students' Free Speech Rights Are Not Being Vigilantly Protected, Heather K. Lloyd
Injustice In Our Schools: Students' Free Speech Rights Are Not Being Vigilantly Protected, Heather K. Lloyd
Northern Illinois University Law Review
For many years, the Supreme Court and lower courts have been struggling to protect students' free speech rights while allowing school officials to operate schools efficiently and effectively. In the past this balance was struck in favor of protecting students' rights by only allowing regulations that are necessary to avoid substantial disruption to the school environment. For the past fourteen years, however, the balance has been struck in favor of schools and against protecting students' rights by upholding the regulations of school officials as long as they are reasonable. This lower standard of scrutiny for school regulations imposed on students …
Psychodrama And The Training Of Trial Lawyers: Finding The Story, Dana K. Cole
Psychodrama And The Training Of Trial Lawyers: Finding The Story, Dana K. Cole
Northern Illinois University Law Review
I attempt in this article to make trial lawyers and trial advocacy teachers aware of this tool called psychodrama and how it is being used in preparation for trial and at trial. But psychodrama is an action method. Writing an article about psychodrama is like writing a manual on how to swim. You will have only a slightly better understanding of swimming after studying a Red Cross manual on how to perform the various strokes. It is not until you are in the water that you will begin to fully appreciate the concept. So it is with psychodrama. No article …
Vol. 21, No. 1, Spring 2001: Table Of Contents, Northern Illinois University Law Review
Vol. 21, No. 1, Spring 2001: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Averting Mistaken Executions By Adopting The Model Penal Code's Exclusion Of Death In The Presence Of Lingering Doubt, Margery Malkin Koosed
Averting Mistaken Executions By Adopting The Model Penal Code's Exclusion Of Death In The Presence Of Lingering Doubt, Margery Malkin Koosed
Northern Illinois University Law Review
This article urges adopting the Model Penal Code's exclusion of the death penalty when the evidence does not foreclose all doubt respecting the defendant's guilt. Adopting a modified version of the Code's section 210.6(1)(f) would both save innocent lives and lessen burdens on our justice system. While the trial jury may convict on proof beyond a reasonable doubt of capital murder, the case would not proceed to a penalty phase unless jurors found the elements proven by a stronger standard. Illinois is now reevaluating its system of capital punishment, desperately seeking means of averting the execution of innocents. That real …
Walking The Edge Of Death: An Annotated Bibliography On Juveniles, The Mentally Ill, The Mentally Retarded And The Death Penalty, Susan M. Boland
Walking The Edge Of Death: An Annotated Bibliography On Juveniles, The Mentally Ill, The Mentally Retarded And The Death Penalty, Susan M. Boland
Northern Illinois University Law Review
The death penalty is not so monolithic as it seems at first glance. A storm of debate has centered around the application of this, the harshest criminal penalty of all, to the mentally ill, mentally retarded, and juveniles. They are our most vulnerable and least culpable citizens. This bibliography consists of annotated references to periodical articles, books, Web sites, and Supreme Court cases that examine the application of the death penalty to juveniles, the mentally ill, and the mentally retarded. It does not include newspaper articles, popular magazines, Web sites that offer no substantive content, or materials that are unobtainable …