Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Northern Illinois University (27)
- SelectedWorks (2)
- University of Georgia School of Law (2)
- American University Washington College of Law (1)
- Brigham Young University Law School (1)
-
- Duke Law (1)
- Georgia State University College of Law (1)
- Loyola University Chicago, School of Law (1)
- Maurer School of Law: Indiana University (1)
- Osgoode Hall Law School of York University (1)
- Selected Works (1)
- University of Denver (1)
- University of Michigan Law School (1)
- University of Nebraska at Omaha (1)
- Washington and Lee University School of Law (1)
- Keyword
-
- Torture (3)
- Bankruptcy (2)
- College of Law (2)
- Discrimination (2)
- Illinois (2)
-
- Interrogation (2)
- Law and Society (2)
- Mental health facilities (2)
- Mental illness (2)
- Patient confidentiality (2)
- Psychotherapist-patient privilege (2)
- Abuse standard (1)
- Animal Rights (1)
- Anti-Horse Slaughter Legislation (1)
- Archives (1)
- Arms (1)
- Art history (1)
- BIT (1)
- Bagram Air Force Base (1)
- Ban (1)
- Canada (1)
- Canada. Canadian Charter of Rights and Freedoms (1)
- Child abuse (1)
- Child custody (1)
- Child neglect (1)
- Civil rights (1)
- Client mobility (1)
- Community (1)
- Compelled disclosure (1)
- Concealed carry (1)
- Publication
-
- Northern Illinois University Law Review (22)
- Northern Illinois Law Review Supplement (3)
- College of Law Faculty Publications (2)
- Articles in Law Reviews & Other Academic Journals (1)
- Criss Library Faculty Proceedings & Presentations (1)
-
- Duke Forum for Law & Social Change (1)
- Faculty Scholarship (1)
- Giuseppe Martinico (1)
- Indiana Law Journal (1)
- Institutional Repository Supporting Materials (1)
- Law Library Annual Reports (1)
- Loyola Consumer Law Review (1)
- Michigan Journal of International Law (1)
- Osgoode Hall Law Journal (1)
- Presentations (1)
- Scholarly Articles (1)
- Sebastián A. Pizarro (1)
- Tally Kritzman-Amir (1)
- Water Law Review (1)
- Publication Type
- File Type
Articles 1 - 30 of 43
Full-Text Articles in Entire DC Network
Vol. 1 No. 1, Fall 2009; Current Trends In Inequitable Conduct Are Adverse To Patent Policy As Seen Through The Exemplary Case Of Big Pharma, Joshua M. Austin
Vol. 1 No. 1, Fall 2009; Current Trends In Inequitable Conduct Are Adverse To Patent Policy As Seen Through The Exemplary Case Of Big Pharma, Joshua M. Austin
Northern Illinois Law Review Supplement
This Comment explores the rather difficult and rapidly changing field of patent law, discussing specifically the doctrine of inequitable conduct, a defense raised by the infringing party by which a patent can be rendered unenforceable. Recent trends in inequitable conduct, as it has been used by the Federal Circuit, have made this confusing area of law even more so. This comment identifies these confusions and the Federal Circuit's failure to maintain clear cut precedent. This Comment further discusses the impacts of these current trends, postulating that these trends go so far as to undercut the principal policy purposes behind patent …
Vol. 1 No. 1, Fall 2009; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Vol. 1 No. 1, Fall 2009; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Northern Illinois Law Review Supplement
No abstract provided.
Vol. 1 No. 1, Fall 2009; Toy Story: Being Right For The Wrong Reasons In The Search For A "Greater Freedom"—A Critical Analysis Of The Dissenting En Banc Opinions In Reliable Consultants, Inc. V. Earle, Steven L. Boldt
Northern Illinois Law Review Supplement
This Note analyzes how the landmark United States Supreme Court case of Lawrence v. Texas has been used by the Fifth Circuit in Reliable Consultants, Inc. v. Earle to extend “sexual privacy interests” into the commercial realm. This Note begins by exploring the historical trend of cases that have led to the birth of sexual privacy. The Fifth Circuit in Reliable was given the task to decide whether the Texas legislature’s statutory proscription of promoting or selling devices used for sexual stimulation infringed on a mere commercial right or an individual’s right to sexual privacy. After the Fifth Circuit held …
The Marriage Contract In Fine Art, Benjamin A. Templin
The Marriage Contract In Fine Art, Benjamin A. Templin
Northern Illinois University Law Review
From the fifteenth- to eighteenth-centuries, artists across Europe and England painted a scene depicting the negotiation of a marriage contract. In nearly every painting, a notary sits or stands at a table, quill in hand, memorializing the details of the dowry transfer. Some artists celebrated the accord, while others condemned arranged marriages made for purposes of status and money. Interestingly, at the same time the artists painted, massive changes occurred in the law and political philosophy aimed at changing some of the inherent problems in marriage law, such as the rights of women, the influence of parents, and divorce. To …
Yours, Mine, And Ours: Law Firm Property Disputes, Douglas R. Richmond
Yours, Mine, And Ours: Law Firm Property Disputes, Douglas R. Richmond
Northern Illinois University Law Review
Lateral movement by lawyers at all levels is now common. Ours is an age of lawyer mobility. It is also an age of client transience. Clients routinely change law firms, sometimes because they move with lateral lawyers, and sometimes for their own reasons. Understandably, lawyer and client mobility have spawned difficult questions about law firm property rights. For competitive reasons, law firms do not want departing lawyers taking the firm's intellectual capital or property with them when they move laterally. Client files are a treasure trove of intellectual capital and property that firms may wish to protect when clients shift …
Sexual Favoritism: A Cause Of Action Under A "Sex-Plus" Theory, Susan J. Best
Sexual Favoritism: A Cause Of Action Under A "Sex-Plus" Theory, Susan J. Best
Northern Illinois University Law Review
This Comment avers that sexual favoritism is a form of "sex-plus" discrimination. Traditionally, sexual favoritism has been argued as being a form of sexual harassment. Therefore, in order to be successful in a claim for sexual favoritism, a plaintiff must prove sexual harassment. The courts' treatment of sexual favoritism as sexual harassment is problematic for two reasons. First, placing the burden of proof needed for sexual harassment--i.e., proof that the defendant has created a hostile work environment--on plaintiffs injured by sexual favoritism is excessively high. Secondly, because there is no claim under the theory of sexual harassment for instances of …
The Effect Of State Law On The Judge-Jury Relationship In Federal Court, Richard C. Worf Jr.
The Effect Of State Law On The Judge-Jury Relationship In Federal Court, Richard C. Worf Jr.
Northern Illinois University Law Review
The conventional wisdom says that judge-jury rules in diversity cases are governed solely by federal law. My article shows that, to the contrary, under standard Erie principles, state law should (and often already does) exert meaningful influence where state law provides the rule of decision. I begin with a rigorous reexamination of the relevant Supreme Court precedents in this field, and undertake the first study of what the Supreme Court's decision in Gasperini v. Center for Humanities, Inc. means for the judge-jury area. The framework I develop harmonizes Gasperini and the existing Erie cases, demonstrating that state law may influence …
The Single-Purpose Container Exception: A Logical Extension Of The Plain View Doctrine Made Unworkable, Daniel Kegl
The Single-Purpose Container Exception: A Logical Extension Of The Plain View Doctrine Made Unworkable, Daniel Kegl
Northern Illinois University Law Review
This Comment examines the single-purpose container exception to the Fourth Amendment's warrant requirement. Since the exception was recognized in Arkansas v. Sanders and revisited in Robbins v. California, the federal circuits have not agreed as to what evidence courts can consider when deciding whether or not to apply the exception to a particular container. While some circuits allow specialized police knowledge and the circumstances surrounding the container's discovery to be considered, most disallow this evidence in making the same determination. As a result, the continued use of the single-purpose container exception results in an inconsistent application of the Fourth Amendment …
Inequalities In Illinois Constitutional Equality, Jeffrey A. Parness, Laura Lee
Inequalities In Illinois Constitutional Equality, Jeffrey A. Parness, Laura Lee
Northern Illinois University Law Review
In 1970 four new equality provisions were added to the Illinois Constitution, including two explicit equal protection provisions and two explicit antidiscrimination provisions. Shortly thereafter, Elmer Gertz, the Chair of the Bill of Rights Committee for the relevant constitutional convention, declared that we in Illinois have gone beyond all other states and the federal government in eliminating discrimination. Unfortunately, a few years later Gertz lamented that while Illinois had the strongest nondiscrimination provisions of any state constitution, these provisions had only yielded unrealized expectations. Today, the 1970 equality mandates continue to be unrealized. This paper reviews the four provisions and …
Vol. 30, No. 1, Fall 2009: Table Of Contents And Masthead, Northern Illinois University Law Review
Vol. 30, No. 1, Fall 2009: Table Of Contents And Masthead, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
The Status And Future Of Government Documents, James T. Shaw
The Status And Future Of Government Documents, James T. Shaw
Criss Library Faculty Proceedings & Presentations
Depository libraries have traditionally enjoyed a pretty sweet deal—we receive free copies of documents in return for space, processing, and staff to help people use them. Depository libraries have served as key players in two areas of public policy: 1) public access to government information for the needs of today; and 2) widespread distribution of documents helps them survive to form a historical record.
Responsibility Sharing And The Rights Of Refugees: The Case Of Israel, Tally Kritzman-Amir
Responsibility Sharing And The Rights Of Refugees: The Case Of Israel, Tally Kritzman-Amir
Tally Kritzman-Amir
This paper aims at examining the Israeli refugee law and practice through the lens of responsibility sharing. We will offer a critical analysis of the implementation of the Israeli asylum regime, showing the impact this regime has on responsibility sharing. We will also analyze the discourse on the issue of responsibility sharing, however limited in scope it is. This discussion emerges from an awareness of the fact that Israel is in a unique geopolitical situation, due to its proximity to Africa and being the only economically-stable democracy in the region. Israel is also embroiled in an ongoing conflict with its …
Conciliación Entre Derecho Al Trabajo Y Libertad De Trabajo Desde La Perspectiva De Los Derechos Sociales,Económicos Y Culturales, Sebastián A. Pizarro
Conciliación Entre Derecho Al Trabajo Y Libertad De Trabajo Desde La Perspectiva De Los Derechos Sociales,Económicos Y Culturales, Sebastián A. Pizarro
Sebastián A. Pizarro
El orden público laboral se cimenta sobre un sistema de libertades, no estando aparejado ello a un Derecho al Trabajo. Si bien se ha incluido en la legislación chilena este último a través de la inclusión del Pacto Internacional de Derechos Económicos, Sociales y Culturales, no se ha logrado la adecuada armonía entre la libertad y el derecho mencionado. Cuestión que en un país como el nuestro, resulta esencial, toda vez que a nivel de políticas estatales se ha abandonado la meta del pleno empleo, propendiendo a la precariedad de las relaciones laborales. Se estima es posible integrar a la …
Enforcing Public Educational Rights Via A Private Right Of Action, Sonja Ralston Elder
Enforcing Public Educational Rights Via A Private Right Of Action, Sonja Ralston Elder
Duke Forum for Law & Social Change
No abstract provided.
Persuasive Arguments For Establishing An Institutional Repository, James M. Donovan, Carol A. Watson
Persuasive Arguments For Establishing An Institutional Repository, James M. Donovan, Carol A. Watson
Presentations
Presents the business case for creating an institutional repository (IR), including a comparison of the advantages and disadvantages with Social Science Research Network (SSRN); offers advice on obtaining faculty buy-in to the project in order to obtain content; reviews copyright right issues involved in depositing published materials into the repository; and suggests ways in which creating a repository can build relationships beyond the institution.
Law Library Annual Report 2008-2009, Georgia State University Law Library
Law Library Annual Report 2008-2009, Georgia State University Law Library
Law Library Annual Reports
No abstract provided.
"A Change Is Gonna Come": The Implications Of The United Nations Convention On The Rights Of Persons With Disabilities For The Domestic Practice Of Constitutional Mental Disability Law, Michael L. Perlin
Northern Illinois University Law Review
As recently as fifteen years ago, disability was not broadly acknowledged as a human rights issue. Although there were prior cases decided in the United States and in Europe that, retrospectively, had been litigated from a human rights perspective, the characterization of "disability rights" (especially the rights of persons with mental disabilities) was not discussed in a global public, political, or legal debate until the early 1990s. Instead, disability was seen only as a medical problem of the individual requiring a treatment or cure. By contrast, viewing disability as a human rights issue requires us to recognize the inherent equality …
Confronting The Challenges Of Persons Who Are Mentally Ill: A Judge's Perspective, Kathryn E. Zenoff
Confronting The Challenges Of Persons Who Are Mentally Ill: A Judge's Perspective, Kathryn E. Zenoff
Northern Illinois University Law Review
In the last fifty years, persons with serious mental illnesses have gone from being institutionalized in psychiatric hospitals to being institutionalized in our county jails. The phenomenon has been called the "criminalization of the mentally ill" and has had adverse consequences both for our communities and for those persons with mental illnesses. This foreword discusses one judge's experiences in attempting to rise to the challenge of meeting the needs of persons with mental illnesses in the criminal justice system. The discussion extends to local, state, and national initiatives. These include the Therapeutic Intervention Program Court in Winnebago County, Illinois, and …
Protective Privilege Versus Public Peril: How Illinois Has Failed To Balance Patient Confidentiality With The Mental Health Professional's Duty To Protect The Public, Mary I. Wood
Northern Illinois University Law Review
Mental health professionals face conflicting duties when their patients make threats of violence toward readily identifiable third parties: the duty to protect intended victims and the duty to maintain the confidentiality of patients. The seminal 1976 case, Tarasoff v. Regents of University of California, underscored the tension between these duties--unnecessary breaches of confidentiality may erode the therapeutic doctor/patient relationship and lead to liability for the doctor, but lack of action may cause devastating consequences for the victim. In the wake of the Tarasoff decision, most states enacted statutes codifying a mental health professional's duty to protect third parties from potentially …
The Psychotherapist-Patient Privilege In The Family Court: An Exemplar Of Disharmony Between Social Policy Goals, Professional Ethics, And The Current State Of The Law, Deborah Paruch
Northern Illinois University Law Review
The mental health community recognizes the importance of confidentiality in the psycho-therapeutic relationship and the resultant impact on the effectiveness of treatment. This is embodied in professional ethical standards that prescribe confidentiality of information obtained in treatment. A psychotherapist-patient testimonial privilege is recognized by common law in federal courts, and by statute in all fifty states. However, state laws provide uncertain protection of this privilege in child custody disputes and virtually none in child abuse and neglect cases. In such cases, mental health professionals are commonly required to provide courts with confidential information obtained in psychotherapy sessions- often against their …
What The Hell[Er]? The Fine Print Standard Of Review Under Heller, Jason Racine
What The Hell[Er]? The Fine Print Standard Of Review Under Heller, Jason Racine
Northern Illinois University Law Review
This casenote introduces the reader to District of Columbia v. Heller, in which the United States Supreme Court held that the Second Amendment protects an individual right, unconnected to militia duty, to keep and bear arms, thus finally answering the interpretive question of what the meaning of the Second Amendment truly is. After providing a thorough discussion of the majority's opinion, an analysis of both the historical nature and limited scope of Heller is provided. Next, the note argues that a workable analytical framework can be extracted from the Court's opinion by examining the fine print within the language and …
Mental Health And The Law: Where Necessity Is The Mother Of Invention (Patent Pending), William W. Wood
Mental Health And The Law: Where Necessity Is The Mother Of Invention (Patent Pending), William W. Wood
Northern Illinois University Law Review
Mental health professionals, most notably the psychiatrists and other clinicians who work in the State of Illinois Operated Inpatient Psychiatric Treatment Facilities, are often frustrated by an inability to treat individuals who have been admitted to the state hospital. Recent changes to the Illinois Mental Health Code have made admission, but not treatment, easier for persons who have a severe mental illness. As treatment innovations develop, the interface of the legal system with the mental health system becomes increasingly important in balancing the often seemingly disparate and opposing goals of both treating persons with mental illnesses and ensuring that their …
Vol. 29, No. 3, Summer 2009: Table Of Contents, Northern Illinois University Law Review
Vol. 29, No. 3, Summer 2009: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
Symposium: Meeting the Needs of Persons with Mental Illness: Best Practices and Remaining Issues in the Law
Development And Outcomes Of Investment Treaty Arbitration, Susan Franck
Development And Outcomes Of Investment Treaty Arbitration, Susan Franck
Articles in Law Reviews & Other Academic Journals
The legitimacy of investment treaty arbitration is a matter of heated debate. Asserting that arbitration is unfairly tilted toward the developed world, some countries have withdrawn from World Bank dispute resolution bodies or are taking steps to eliminate arbitration. In order to assess whether investment arbitration is the equivalent of tossing a two-headed coin to resolve investment disputes, this article explores the role of development status in arbitration outcome. It first presents descriptive, quantitative research about the developmental background of the presiding arbitrators who exert particular control over the arbitration process. The article then assesses how (1) the development status …
A Turn To Politics: Sanford Levinson's Our Undemocratic Constitution And Debates In Contemporary Constitutional Theory, Kenneth D. Ward
A Turn To Politics: Sanford Levinson's Our Undemocratic Constitution And Debates In Contemporary Constitutional Theory, Kenneth D. Ward
Northern Illinois University Law Review
In the last generation, politics has replaced philosophy as constitutional theory's center of gravity. While theorists once focused on judicial authority and looked to philosophy to validate the principles of justice that judges enforced, they now tend to consider how judges fit into the broader political process that defines constitutional doctrine. This essay considers how the change obscures important questions about the nature of democratic government. It does so by examining Sanford Levinson's recent book, Our Undemocratic Constitution--an attempt to bridge academic theory to the practice of politics that is emblematic of constitutional theory's emphasis of politics over philosophy.
The Means Test: Finding A Safe Harbor, Passing The Means Test, Or Rebutting The Presumption Of Abuse May Not Be Enough, Robert J. Landry Iii
The Means Test: Finding A Safe Harbor, Passing The Means Test, Or Rebutting The Presumption Of Abuse May Not Be Enough, Robert J. Landry Iii
Northern Illinois University Law Review
The scholarship addressing the changes to individual consumer chapter 7 cases under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) has largely focused on application of the mechanics of the means test and the presumption of abuse standard. The focus of this article is the application of the abuse standard in cases in which the means test is not applicable, has been passed, or has been rebutted. The author argues that most of the litigation and attention in the post-BAPCPA era will be in this area. The resulting complex statutory framework may be insufficient for debtors to …
Peace Is Not The Absence Of Conflict, But The Presence Of Justice, Reid C. Pixler
Peace Is Not The Absence Of Conflict, But The Presence Of Justice, Reid C. Pixler
Northern Illinois University Law Review
An issue seldom, if ever, addressed regarding the conflict in Iraq is the role of the Iraqi criminal justice system in addressing acts of terrorism. The figures of "detainees" or "enemy combatants" held by the United States have been widely published, but little comment has been made regarding the challenges facing a small judicial system attempting to function in a war zone. Most of the judges assigned to the major crimes courts live in the same community where the court is located and have modest, if any, special security for their families. This short account details the conflict between the …
Torture, Interrogation, And American Modernist Literature, Caleb Smith
Torture, Interrogation, And American Modernist Literature, Caleb Smith
Northern Illinois University Law Review
Originally given as part of a special session panel, "Torture and Interrogation," at the annual convention of the Modern Language Association in San Francisco, California, on December 27, 2008, this paper connects contemporary critical discussions of interrogation to the representation of lynching and police brutality in the early twentieth-century United States. It places American modernist literature, especially William Faulkner's Light in August, within a broad cultural tradition of thought about extralegal violence, and it argues that the novel's poetic strategies for depicting and analyzing such violence offer a diagnostic alternative to the sentimental discourse that dominates debates about interrogation in …
The Proverbial Axe To The Judicial Oak: The Impact Of Stoneridge On Plaintiff's Actions Under § 10(B), Laura D. Mruk
The Proverbial Axe To The Judicial Oak: The Impact Of Stoneridge On Plaintiff's Actions Under § 10(B), Laura D. Mruk
Northern Illinois University Law Review
This article analyzes the United States Supreme Court decision of Stoneridge Investment Partners, LLC v. Scientific-Atlanta, in which the Court held that fraud claims under section 10(b) of the Securities Exchange Act of 1934 cannot be sustained against third parties that did not directly mislead investors. After providing a brief overview of section 10(b) and rule l0b-5 jurisprudence, this note will discuss the facts surrounding the Stoneridge decision and provide an in-depth discussion of the majority opinion. This article ultimately advances the argument that the Stoneridge Court erred in its analysis of the plain language of the statute, previous case …
Torture And Habeas Corpus As Information-Forcing Devices, Marc D. Falkoff
Torture And Habeas Corpus As Information-Forcing Devices, Marc D. Falkoff
Northern Illinois University Law Review
The habeas lawyer, I therefore suggest modestly, is the legal mirror-image of the state as torturer and as outlaw information-gatherer. One of my clients was kept in total darkness for weeks before being transferred to Guantanamo; he was subjected to blaring music in what is commonly known as the "Dark Prison" at Bagram, with the darkness and noise interrupted only by an occasional interrogation session which took place in a red-lit room. I also find compelling her definition of torture as the sum of pain and questioning-an equation that, interestingly, allows Scarry to argue that the torturer asks his questions …