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Articles 1 - 25 of 25
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Contributory Or Comparative: Which Is The Optimal Negligence Rule?, Christopher J. Robinette, Paul G. Sherland
Contributory Or Comparative: Which Is The Optimal Negligence Rule?, Christopher J. Robinette, Paul G. Sherland
Northern Illinois University Law Review
In this article, the authors examine whether contributory or some form of comparative negligence is the superior rule based on the goals of tort law. The authors conclude pure comparative negligence is the preferable rule. From a compensation perspective, pure comparative negligence compensates the most tort victims. From a corrective justice perspective, pure comparative negligence, unlike the other rules, requires tortfeasors to correct their wrongs in all cases. Finally, the authors use statistical analyses to determine if any of the rules has a stronger deterrent effect than the others. Based on claims data for automobile accidents in the various jurisdictions, …
Gambling With Terrorism And U.S. Military Readiness: Time To Ban Video Gambling Devices On U.S. Military Bases And Facilities?, John Warren Kindt
Gambling With Terrorism And U.S. Military Readiness: Time To Ban Video Gambling Devices On U.S. Military Bases And Facilities?, John Warren Kindt
Northern Illinois University Law Review
This article examines the effect that video gambling devices (VGDs) on US military bases have on military readiness in the 21st century's "Age of Terrorism. " The harmful effects of gambling on military personnel outweigh any potential benefits. However, this conclusion is not clear from the information upon which military analysts and researchers rely. Upon examining the harmful effects that gambling has on military readiness, issues arise regarding the potential biases of the informational sources that study the impact of gambling. A review of these informational sources reveals that many sources have close associations with the gambling industry including the …
The 2002 Supreme Court Decisions: Did They Leave Enough Of Apprendi To Effectively Protect Criminal Defendants?, Charlotte Leclercq
The 2002 Supreme Court Decisions: Did They Leave Enough Of Apprendi To Effectively Protect Criminal Defendants?, Charlotte Leclercq
Northern Illinois University Law Review
This comment explores the true impact of the 2000 landmark decision, Apprendi v. New Jersey, in which the United States Supreme Court determined that any fact that increases a criminal defendant's sentence beyond the statutory maximum has to be submitted to a jury and proven beyond a reasonable doubt. At the time, the decision appeared to be a triumph for the procedural due process rights of defendants. However the opinion of the majority, as well as those of the concurrence and dissents, left the actual effect of the decision subject to considerable debate among courts and commentators. In 2002 the …
Killing The Fatted Calf: Managed Care Liability In A Post-Pegram World, Karene M. Boos, Eric J. Boos
Killing The Fatted Calf: Managed Care Liability In A Post-Pegram World, Karene M. Boos, Eric J. Boos
Northern Illinois University Law Review
Over one hundred million Americans receive their health care benefits under some kind of managed care plan. At the heart of every managed care plan is an emphasis on cost containment. The courts traditionally protected the proprietary economic interests of managed care by holding that claims against managed care organizations and plan directors were preempted under the Employee Retirement Income Security Act (ERISA). This was done as a means of facilitating a better health care delivery system for Americans and in spite of the number of patients who suffered poor health consequences as a result of decisions by managed care …
In Defense Of Federalism: The Need For A Federal Institutional Defender Of State Interests, Kory A. Atkinson
In Defense Of Federalism: The Need For A Federal Institutional Defender Of State Interests, Kory A. Atkinson
Northern Illinois University Law Review
In Ring v. Arizona, 536 U.S. 584 (2002), the United States Supreme Court struck down the state of Arizona's death penalty procedure as violative of the Sixth Amendment's right to trial by jury. The Ring case is noteworthy because the Supreme Court upheld the identical procedure under the same constitutional provision twelve years earlier in Walton v. Arizona, 497 U.S. 639 (1990). The Ring case raises a serious constitutional issue because the high Court reaffirmed its decision upholding Arizona's death penalty procedure twice during those twelve years. The issue is this: what recourse does the state of Arizona have against …
Vol. 24, No. 1, Fall 2003: Table Of Contents, Northern Illinois University Law Review
Vol. 24, No. 1, Fall 2003: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Defending The Indefensible To Further A Later Case: Sanctioning Respondents In Illinois Domestic Violence Cases, David H. Taylor
Defending The Indefensible To Further A Later Case: Sanctioning Respondents In Illinois Domestic Violence Cases, David H. Taylor
Northern Illinois University Law Review
When an act of domestic violence occurs in Illinois, as in most other jurisdictions, both criminal charges and a civil Domestic Violence Order of Protection may follow. The order of protection may be commenced in conjunction with a criminal charge or may be commenced as an independent action. Because of the exigencies of the domestic violence situation, the legislature has enacted a statutory scheme that expedites the civil proceeding, so that the civil order of protection proceeding takes place in a period of twenty-one days from initial filing to final hearing. In other contexts, an act of intentional injury could …
Introduction: Northern Illinois University College Of Law Twelfth Annual Symposium On Domestic Violence And Victimizing The Victim: Relief, Results, Reform, Northern Illinois University Law Review
Introduction: Northern Illinois University College Of Law Twelfth Annual Symposium On Domestic Violence And Victimizing The Victim: Relief, Results, Reform, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Keynote Address: Northern Illinois University College Of Law Twelfth Annual Symposium On Domestic Violence And Victimizing The Victim: Relief, Results, Reform, Mary Becker
Northern Illinois University Law Review
No abstract provided.
North Jersey Media Group, Inc. V. Ashcroft, 308 F.3d 198 (3d Cir. 2002): A Case Note, Dawn M. Weekly
North Jersey Media Group, Inc. V. Ashcroft, 308 F.3d 198 (3d Cir. 2002): A Case Note, Dawn M. Weekly
Northern Illinois University Law Review
After the unprecedented terrorist attacks on the United States on September 11, 2001, the government responded with a vast effort aimed at investigation and prevention, which continues to this day. As part of that response, several hundred resident aliens were rounded up for alleged immigration violations and detained, pending removal hearings. This case note will consider the opinion in North Jersey Media Group, Inc. v. Ashcroft which concerns the question of whether the government may issue a blanket closure order for those deportation hearings and bar the public and press from attending.
Out With The Old And In With The New: An Analysis Of Illinois Maintenance Law Under The Uniform Marriage And Divorce Act And A Proposal For Its Replacement, Megan A. Drefchinski
Out With The Old And In With The New: An Analysis Of Illinois Maintenance Law Under The Uniform Marriage And Divorce Act And A Proposal For Its Replacement, Megan A. Drefchinski
Northern Illinois University Law Review
Perhaps few issues in family law, or in legal jurisprudence generally, are debated as widely and heatedly as maintenance is. Opinions on the subject cover the full range of the spectrum, from the suggestion that maintenance should be limited, to the suggestion that it should be expanded. What does emerge as a unifying theme is the general dissatisfaction of scholars, litigants, practitioners, and judges with the current maintenance law provisions under the Uniform Marriage and Divorce Act ("UMDA"), which Illinois has adopted This comment argues that this dissatisfaction with the current maintenance provisions cannot be overcome, and that new provisions …
Panel Discussion, Afternoon Session: Northern Illinois University College Of Law Twelfth Annual Symposium On Domestic Violence And Victimizing The Victim: Relief, Results, Reform, Northern Illinois University Law Review
Panel Discussion, Afternoon Session: Northern Illinois University College Of Law Twelfth Annual Symposium On Domestic Violence And Victimizing The Victim: Relief, Results, Reform, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Why Won't Someone Help Me? The Unspeakable Epidemic Of Domestic Violence: An Annotated Bibliography, Therese A. Clark Arado
Why Won't Someone Help Me? The Unspeakable Epidemic Of Domestic Violence: An Annotated Bibliography, Therese A. Clark Arado
Northern Illinois University Law Review
When I began working on this bibliography, I did not know what to expect. It was a new endeavor for me. An annotated bibliography on domestic violence seemed so straightforward. I soon learned just how mistaken I was in that belief. I have learned a great deal in this journey and during it have counted my blessings over and over again. Domestic violence is a legal issue, a social issue, an employment issue, and an international issue. It is an issue for the young, for the elderly, for lesbians, gay men and transgendered persons. It touches legal and illegal immigrants, …
Vol. 23, No. 3, Summer 2003: Table Of Contents, Northern Illinois University Law Review
Vol. 23, No. 3, Summer 2003: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Panel Discussion, Morning Session: Northern Illinois University College Of Law Twelfth Annual Symposium On Domestic Violence And Victimizing The Victim: Relief, Results, Reform, Northern Illinois University Law Review
Panel Discussion, Morning Session: Northern Illinois University College Of Law Twelfth Annual Symposium On Domestic Violence And Victimizing The Victim: Relief, Results, Reform, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Twenty-First Annual Northern Illinois University College Of Law Prize Moot Court Competition: Best Respondent's Brief, Charlotte Leclercq, Kory A. Atkinson
Twenty-First Annual Northern Illinois University College Of Law Prize Moot Court Competition: Best Respondent's Brief, Charlotte Leclercq, Kory A. Atkinson
Northern Illinois University Law Review
No abstract provided.
Adult Survivors Of Childhood Sexual Abuse Seeking Compensation From Their Abusers: Are Illinois Courts Fairly Applying The Discovery Rule To All Victims?, Chrissie F. Garza
Adult Survivors Of Childhood Sexual Abuse Seeking Compensation From Their Abusers: Are Illinois Courts Fairly Applying The Discovery Rule To All Victims?, Chrissie F. Garza
Northern Illinois University Law Review
Victims of this childhood sexual abuse suffer tremendous injuries, some of which can carry on into adulthood. Some of the injuries might not manifest until years after the abuse has ended. Adults often do not realize that the psychological problems that plague them day after day, year after year, are a result of the abuse they suffered through as children. When victims make this causal connection, some want to pursue civil damages so that the defendant can compensate them for their injuries. Unfortunately, most often the victims' claims are barred by the statute of limitations. Some jurisdictions apply the discovery …
The Tangled Web--Complexities, Fallacies And Misconceptions Regarding The Decision To Release Treated Sexual Offenders From Civil Commitment To Society, Leroy L. Kondo
Northern Illinois University Law Review
"When should a treated rapist, child molester or other sexual offender, convicted under a sexually violent predator statute, be released to society?" This question is fraught with multiple levels of complexity in a tangled web of misconceptions, fallacies, myths, and pitfalls reflected in the scientific and legal literature. Several excellent scientific reviews have documented tremendous progress in sexual recidivism research over the past few decades. However, decision-makers (e.g., psychiatrists, psychologists, social workers, judges, juries, district attorneys, public defenders, parole officers, and administrators of both correctional facilities and hospitals) remain confronted with a plethora of conceptual landmines and a morass of …
Twenty-First Annual Northern Illinois University College Of Law Prize Moot Court Competition, Northern Illinois University Law Review
Twenty-First Annual Northern Illinois University College Of Law Prize Moot Court Competition, Northern Illinois University Law Review
Northern Illinois University Law Review
Program, judges, participants and case summary for the competition.
Vol. 23, No. 2, Spring 2003: Table Of Contents, Northern Illinois University Law Review
Vol. 23, No. 2, Spring 2003: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Compounding The Error: "Deliberate Indifference" Vs. "Discriminatory Animus" Under Title Ii Of The Ada, Nina Golden
Compounding The Error: "Deliberate Indifference" Vs. "Discriminatory Animus" Under Title Ii Of The Ada, Nina Golden
Northern Illinois University Law Review
One incorrect decision reached by the Ninth Circuit Court of Appeals in 1998 has created a quagmire of cases over the past five years. In Ferguson v. City of Phoenix, the court decided that a plaintiff suing under Title II of the Americans with Disabilities Act ("ADA) had to prove intentional discrimination in order to recover compensatory damages. This decision resulted in an ongoing struggle in the courts about how to define intentional discrimination. But the struggle was unnecessary. Title II of the ADA does not require intentional discrimination and the courts never should have applied any analysis of the …
No Other Choice: Litigating And Settling Homeless Education Rights Cases, Ryan J. Dowd
No Other Choice: Litigating And Settling Homeless Education Rights Cases, Ryan J. Dowd
Northern Illinois University Law Review
This pragmatic article, the first exhaustive review of the issue, details how lawyer advocates can help homeless children have access to the education to which they are legally entitled. Topics discussed include: legal background and authority, seeking alternatives to litigation, litigating, settling, after a settlement is reached or a decision occurs, and the future of homeless education rights. Incorporating cases, personal interviews with the attorneys who litigated the cases, settlements, complaints, motions and other non-published court documents, state and federal statutes, state administrative codes, federal and state constitutions, congressional testimony, educational agency reports, law review articles, reports by homeless advocacy …
Proof Beyond A Reasonable Doubt: Shifting Sands Of A Bedrock?, Azhar J. Minhas
Proof Beyond A Reasonable Doubt: Shifting Sands Of A Bedrock?, Azhar J. Minhas
Northern Illinois University Law Review
It is a "bedrock" principle of our criminal jurisprudence, that the state has the burden of proving the guilt of the defendant beyond a reasonable doubt. A standard jury instruction to this effect is read out to the prospective jurors, prior to jury selection process, hinted upon (to put it mildly) during voir dire, and then again given to the selected jury panel at the close of all the evidence in a trial. In Illinois, however, at no point is the phrase "proof beyond a reasonable doubt" ever defined. In this state, it is assumed as a matter of law, …
Public Employers And E-Mail: A Primer For The Practitioner And The Public Professional, John F. Fatino
Public Employers And E-Mail: A Primer For The Practitioner And The Public Professional, John F. Fatino
Northern Illinois University Law Review
E-mail and related technology have created multi-faceted issues for public employers and legal practitioners. The article examines the issue of e-mail communications from the perspective of public records and public meeting requirements of several midwestern states including the impact of e-mail on public employee "privacy" in light of several recent cases concerning the monitoring of employee e-mail. Public employer liability for misconduct in cyberspace is likewise explored. Public employees' rights under the First and Fourteenth Amendment to the United States Constitution are examined as well. Finally, the article discusses the preservation of privileges and discovery/litigation issues concerning e-mail.
Twenty-First Annual Northern Illinois University College Of Law Prize Moot Court Competition: Best Petitioner's Brief, C. Scott Brinkman, Meaghan Ring
Twenty-First Annual Northern Illinois University College Of Law Prize Moot Court Competition: Best Petitioner's Brief, C. Scott Brinkman, Meaghan Ring
Northern Illinois University Law Review
No abstract provided.