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Articles 1 - 22 of 22
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"Our System Is Broken": A Study Of The Crisis Facing The Death-Eligible Defendant, Kelly Reissmann
"Our System Is Broken": A Study Of The Crisis Facing The Death-Eligible Defendant, Kelly Reissmann
Northern Illinois University Law Review
Courts have been reluctant to find instances of ineffective assistance of counsel in death penalty cases. Most ineffective assistance claims are dismissed as "tactical decisions" or nonprejudicial error. This comment examines the inadequacy of counsel at capital trials. The author examines and discusses the current standard for determining whether a defendant's attorney was ineffective, and through a survey of common errors and examples argues that the standard does not protect against even egregious examples of ineffective assistance. The comment discusses reasons why capital defendants often receive low quality representation and some legislative solutions that have been attempted. Concluding that these …
The Case For Requiring A Proportionality Test To Assess Compliance With Title Ix In High School Athletics, Patrick N. Findlay
The Case For Requiring A Proportionality Test To Assess Compliance With Title Ix In High School Athletics, Patrick N. Findlay
Northern Illinois University Law Review
The debate over Title IX and athletics has neglected the impact that Title IX could have on high school athletic programs. An increased focus on high school athletic opportunity is important because the benefits for girls that participate in athletics as they grow up, and for society, are so significant. In this article, the author proposes that compliance with Title IX in high school athletics is only appropriately measured by way of a test that requires schools maintain athletic participation rates for each sex in proportion to the population of each sex within the school. Known as "the proportionality test," …
Standing To Raise A Conflict Of Interest, Ivy Johnson
Standing To Raise A Conflict Of Interest, Ivy Johnson
Northern Illinois University Law Review
Lawyers often seek disqualification of the opposing counsel based upon their conflicts of interest as a strategic measure to delay litigation and increase costs for the other side. For many years, courts presumed that parties unaffected by the conflict of interest had standing because of the lawyer's professional obligations to report violations of ethics rules. Recently, the United States Supreme Court has cast doubt on the standing of such parties. This article first gives a brief introduction to conflict of interest rules and standing, followed by an in-depth analysis of the state of the law. Ms. Johnson concludes with an …
"Shaming" Probation Penalties And The Sexual Offender: A Dangerous Combination, Kenya A. Jenkins
"Shaming" Probation Penalties And The Sexual Offender: A Dangerous Combination, Kenya A. Jenkins
Northern Illinois University Law Review
Sexual offenders are one of the larger problems in the criminal justice system today, particularly with regard to recidivism rates, which are extremely high among sexual offenders. Due to these problems, judges are increasingly imposing 'shaming' probation conditions. Shaming penalties include requiring sex offenders to put signs in their yards and bumper stickers on their cars identifying themselves as convicted sex offenders. This comment examines these shaming penalties in the context of the constitutional issues that they raise, and their effectiveness in rehabilitating the convicted offender and protecting the public. The comment concludes that shaming penalties are an inappropriate and …
Vol. 23, No. 1, Fall 2002: Table Of Contents, Northern Illinois University Law Review
Vol. 23, No. 1, Fall 2002: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Apparent Authority And Healthcare In Illinois, Marc D. Ginsberg
Apparent Authority And Healthcare In Illinois, Marc D. Ginsberg
Northern Illinois University Law Review
This piece examines and dissects two Illinois Supreme Court cases which utilized apparent authority to hold hospitals and HMOs vicariously liable for non-agent or non-servant agent physician negligence. The author argues that the supreme court's effort to ground these decisions in classical agency law is misplaced. The article provides a general overview of the concept of respondeat superior and apparent authority, as well as a brief introduction to the structure of hospitals and HMOs. The author asserts that apparent authority should not be applied in the healthcare setting. Specific problems are roadblocks in the path of the Illinois Supreme Court's …
What Constitutes An Invalid "Blanket Consent" Within The Purview Of Illinois' Mental Health And Developmental Disabilities Confidentiality Act?, Jana L. Fischer
What Constitutes An Invalid "Blanket Consent" Within The Purview Of Illinois' Mental Health And Developmental Disabilities Confidentiality Act?, Jana L. Fischer
Northern Illinois University Law Review
Illinois' Mental Health and Developmental Disabilities Confidentiality Act, 740 Ill. Comp. Stat. 110/1 (2000), prohibits "blanket consent" to the disclosure of mental health and developmental disabilities treatment records. This Comment argues that Illinois' Confidentiality Act inadequately defines "blanket consent" so as to ensure that an authorization for the disclosure of mental health records is obtained on an informed and consensual basis. This is especially so where a recipient's authorization results in the unintended release of information not thought to be contained in the records. The purpose of this Comment is to suggest that the Illinois legislature should look to the …
The Fourth Amendment And The New Face Of Terrorism: How September 11th Could Change The Way America Flies, Brett A. Skean
The Fourth Amendment And The New Face Of Terrorism: How September 11th Could Change The Way America Flies, Brett A. Skean
Northern Illinois University Law Review
This comment examines the possible repercussions of the September 11, 2001, attacks on airport security measures and how future judicial review might take into consideration the now compelling governmental interest in safe airways. The historical and modern exceptions to the Fourth Amendment's warrant requirement are examined with an analysis of the possible justifications and constitutionality of physical searches of potential airline travelers. In conclusion, the piece determines the obvious question of whether in today's terrorist climate, there is a reasonable expectation of privacy when a person enters an airport, and if not, whether there is any resulting Fourth Amendment protection.
Price Theory And Anti-Takeover Laws: Shareholder Protection In Illinois, Vince Goddard
Price Theory And Anti-Takeover Laws: Shareholder Protection In Illinois, Vince Goddard
Northern Illinois University Law Review
The article addresses the need to review the laws that govern corporate mergers and acquisitions and shareholder protections in light of the precarious nature [of] today's economy. It discusses the laws by using the tools of economic analysis, to show that states like Illinois can craft and hone their laws so as to create the ideal environment for corporations to facilitate efficiency, and to ensure the maximum amount of shareholder protection.
No Harm, No Foul: The Oshrc's Authority To Label An Osh Act Violation De Minimis And To Require No Abatement, Samuel D. Elswick, Richard A. Bales
No Harm, No Foul: The Oshrc's Authority To Label An Osh Act Violation De Minimis And To Require No Abatement, Samuel D. Elswick, Richard A. Bales
Northern Illinois University Law Review
The federal circuits are split on the issue of whether the Occupational Safety and Health Review Commission (OSHRC) has the authority to label a safety and health violation de minimis and require no abatement even if the Secretary of Labor has issued a citation. This article initially examines the legislative background of the Occupational Safety and Health Act, its procedural aspects, the separate roles allocated the Secretary of Labor and the OSHRC under the Act, the three levels of violations, and the OSCHRC's authority to determine the level of severity of a violation. Next, the current split in the Federal …
Vol. 22, No. 3, Summer 2002: Table Of Contents, Northern Illinois University Law Review
Vol. 22, No. 3, Summer 2002: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Workers' Compensation Reviews And Appeals: A Review And Suggestion For Change, Brad A. Elward
Workers' Compensation Reviews And Appeals: A Review And Suggestion For Change, Brad A. Elward
Northern Illinois University Law Review
This article serves numerous purposes. The piece not only provides a solid analysis of Workers' Compensation appellate procedure, but also includes many tips on appeals, from brief writing to oral arguments. The piece can serve as both a "how to" manual for practitioners and a suggestion for change to the Illinois General Assembly. The author draws on his own extensive experience in appellate procedure, especially in the area of Workers' Compensation. The theme of the piece is that understanding the strict requirements of Workers' Compensation appeals will allow practitioners to successfully prosecute those appeals. The piece then concludes by suggesting …
Agricultural Zoning: Impacts And Future Directions, Mark W. Cordes
Agricultural Zoning: Impacts And Future Directions, Mark W. Cordes
Northern Illinois University Law Review
Farmland preservation has become a growing societal concern over the past two decades and is now a common component of any serious discussion of environmental land-use controls. All levels of government have perceived farmland preservation as an important societal goal and have responded with a variety of programs to slow and control the rate of conversion. This article will examine agricultural zoning as a farmland preservation tool. Part one will briefly examine types of agricultural zoning restrictions. Part two, which is the main focus of the article, will examine the impacts of agricultural zoning from four perspectives: (1) Its Legal …
Problems With The Adoption Of Proportionate Share Liability In Illinois Remediation Actions, Thomas Crowley
Problems With The Adoption Of Proportionate Share Liability In Illinois Remediation Actions, Thomas Crowley
Northern Illinois University Law Review
This comment argues that the Illinois Legislature's replacement of joint and several liability with proportionate share liability in environmental remediation actions was not carefully thought through. The author contends that the constitutionality of the system of proportionate share liability and the burdens of proof is highly questionable. Further, the piece advises that, given that the attempt to reform tort liability in the 1990s was not constitutional, the legislature should have carefully reconsidered the civil justice statutes related to environmental remediation actions. In the author's conclusion, the system of proportionate share liability should end with the same result as the attempt …
The Uniform Mediation Act, National Conference Of Commissioners On Uniform State Laws
The Uniform Mediation Act, National Conference Of Commissioners On Uniform State Laws
Northern Illinois University Law Review
Full text of the Act with prefatory note and comments.
Vol. 22, No. 2, Spring 2002: Table Of Contents, Northern Illinois University Law Review
Vol. 22, No. 2, Spring 2002: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
An Analysis Of Principled Advocacy In The Development Of The Uniform Mediation Act, Gregory Firestone
An Analysis Of Principled Advocacy In The Development Of The Uniform Mediation Act, Gregory Firestone
Northern Illinois University Law Review
In this piece, the author examines the drafting of the Uniform Mediation Act in light of the eleven guiding principles endorsed by the organizations represented by the author. The author examines and analyzes numerous shortcomings in the wording of the Act. This piece will closely examine the difficulty mediators, courts, and consumers may encounter once the Act is put into practice. The piece also serves as a guide for state legislatures considering implementing the Uniform Mediation Act, in that the author identifies problems states may have and offers solutions for the predicted difficulties. Necessarily, however the piece also reveals the …
Mediation's Coming Of (Legal) Age, James J. Alfini
Mediation's Coming Of (Legal) Age, James J. Alfini
Northern Illinois University Law Review
Professor Alfini provides an introduction to the symposium, a description of the included materials, and his own reflections on the institutionalization, regulation, and resulting uniformity of mediation within the context of the recently drafted Uniform Mediation Act.
The Process Of Drafting The Uniform Mediation Act, Michael B. Getty
The Process Of Drafting The Uniform Mediation Act, Michael B. Getty
Northern Illinois University Law Review
This piece is a transcript from Judge Getty's keynote address at the conference. Judge Getty provides a unique perspective on the process of drafting the Uniform Mediation Act. Since Judge Getty served as the Chair of the National Conference of Commissioners on Uniform State Laws Uniform Mediation Act Drafting Committee, he is uniquely qualified to describe the efforts to bring uniformity to the mediation field through the passage of the Uniform Mediation Act.
Mediating Lanham Act Cases: The Role Of Empirical Evaluation, Jennifer Shack, Susan M. Yates
Mediating Lanham Act Cases: The Role Of Empirical Evaluation, Jennifer Shack, Susan M. Yates
Northern Illinois University Law Review
This article studies existing mediation programs in the context of Lanham Act cases. The research design is based on the author's experiences in mediation practice. The resulting article is an interesting, valuable study of the effectiveness of court-sponsored mediation programs. Raw data is mixed with explanatory analysis to provide the reader with a real sense of what exactly was studied, and what exactly was determined through that study. The appendices provide examples of the surveys used and some useful charts and graphs that more completely explain some of the results.
The Uniform Mediation Act: An Essential Framework For Self Determination, Philip J. Harter
The Uniform Mediation Act: An Essential Framework For Self Determination, Philip J. Harter
Northern Illinois University Law Review
This piece is an interpretive essay of key provisions of the Uniform Mediation Act. In connection with the analyses of these provisions, the author identifies certain dilemmas that are created by the wording of certain provisions. The author identifies the weaknesses in the drafting process of the Uniform Mediation Act and at the same time applauds the efforts of the drafters in their journey to create uniformity in the field of mediation.
The Warsaw Convention: A Cat With Nine Lives Walks The Plank One More Time, Tamara A. Marshall
The Warsaw Convention: A Cat With Nine Lives Walks The Plank One More Time, Tamara A. Marshall
Northern Illinois University Law Review
This comment advocates elimination of the liability limits imposed under the Warsaw Convention in the event of an aviation accident. The comment first examines the history of the Warsaw Convention. Next, the comment looks at application of a subjective test to prove willful misconduct in order to overcome such liability limits. The application of a subjective test is analyzed in the context of two recent cases. Legislative intent in approving recent changes to the applicable Warsaw Convention language is also covered. The comment then calls for use of an objective test to establish willful misconduct and recommends ratification of the …