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Articles 1 - 30 of 86
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Serious Discussions Needed On Police Tactics And False Confessions, Marc D. Falkoff
Serious Discussions Needed On Police Tactics And False Confessions, Marc D. Falkoff
College of Law Faculty Publications
It’s a phenomenon that detectives, prosecutors, jurors and even defense lawyers typically have trouble believing: Sometimes suspects will confess to serious crimes even when they are completely innocent. “I certainly wouldn’t confess to a crime I didn’t commit!” we all think. But false confessions happen all the time and recent DNA exonerations and psychological studies suggest they occur more frequently than anyone involved with the criminal justice system should tolerate. Journalists and academic researchers increasingly understand how the typical police interrogation in the United States is structured to elicit confessions rather than gather accurate information about a crime. The techniques …
Vol. 5 No. 1, Fall 2013; "Correcting" The Foreclosure Crisis?, Matthew Broucek
Vol. 5 No. 1, Fall 2013; "Correcting" The Foreclosure Crisis?, Matthew Broucek
Northern Illinois Law Review Supplement
Mortgage Resolution Partners, a venture capitalist firm based out of San Francisco, has been visiting with state and local governments across the country. Mortgage Resolution Partners proposes that eminent domain can, and should, be used to seize mortgages and refinance them in an attempt to correct the United States' foreclosure crisis. This article identifies and analyzes the policy issues and constitutional concerns that are inherent in the plan. The most critical constitutional concerns with the plan implicate the Takings Clause, the Contracts Clause, and the Dormant Commerce Clause of the United States Constitution.
Vol. 5 No. 1, Fall 2013; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Vol. 5 No. 1, Fall 2013; 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. 5 No. 1, Fall 2013; Debtors Deserve The Dischargeability Of Tax Liability To Be "Honest And Reasonable", Robert Finegan
Vol. 5 No. 1, Fall 2013; Debtors Deserve The Dischargeability Of Tax Liability To Be "Honest And Reasonable", Robert Finegan
Northern Illinois Law Review Supplement
The most current version of the Bankruptcy Code, the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), is considered one of the most technical and comprehensive reforms to the Bankruptcy Code. Facing a dramatic increase in consumer bankruptcies and fearing an increase in abuse of the system, Congress included stricter guidelines and rules to try and prevent debtor abuse in BAPCPA. Another addition that BAPCPA added, and at the heart of this Comment, was the addition of a hanging paragraph to the Bankruptcy Code section 523(a). The issue of whether a person can discharge their tax liability through a Chapter …
Investigative Alerts: Smart Policy Or A Way To Skirt Warrants?, Marc D. Falkoff
Investigative Alerts: Smart Policy Or A Way To Skirt Warrants?, Marc D. Falkoff
College of Law Faculty Publications
Chicago’s little-understood “investigative alert” system has been in the news a lot in the past year. It was denounced by an appellate court judge as an “end run” around the Constitution and criticized in a news story as a way to “sidestep” civil liberties protections. “Critics: Police Sidestep Warrants,” Chicago Tribune (March 4, 2013). But what exactly are investigative alerts? Are they constitutional? And if so, are they smart policy?
Shale Gas: Evolving Global Issues For The Environment, Regulation, And Energy Security, Jeffery R. Ray
Shale Gas: Evolving Global Issues For The Environment, Regulation, And Energy Security, Jeffery R. Ray
LSU Journal of Energy Law and Resources
No abstract provided.
Dictionary Blues: Judicial Reasoning Muddied By Definition Wrangling, Marc D. Falkoff
Dictionary Blues: Judicial Reasoning Muddied By Definition Wrangling, Marc D. Falkoff
College of Law Faculty Publications
Maybe it would be best if judges left their dictionaries on the shelf. That’s the conclusion I reached after reading an Illinois court opinion last month, in which the decision turned on the dictionary definition of a commonplace word – “presence” – whose statutory meaning was in dispute. The construction eventually adopted by the court was reasonable enough. But by relying solely on a dictionary as authority, the court reflected a troubling trend nationwide. Increasingly, dictionaries are used to make the resolution of cases appear to be the product of common sense and unchallengeable authority, rather than of policy decisions …
Sun Tzu’S Battle For Your Footnotes: The Emergent Role Of Libraries In Judicial Warfare, Mark Mccary
Sun Tzu’S Battle For Your Footnotes: The Emergent Role Of Libraries In Judicial Warfare, Mark Mccary
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Shaking Out The "Shakedowns": Pre-Discovery Dismissal Of Copyright Infringement Cases After Comparison Of The Works At Issue, Evan Brown
Washington Journal of Law, Technology & Arts
In an era of copyright trolling, digital distribution, and widespread reappropriation of creative works, the specter of “shakedown” copyright infringement litigation looms larger than ever before. Some plaintiffs will hold the prospect of expensive and time-consuming discovery over alleged infringers to provoke settlement. In the wake of the Supreme Court’s decisions in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, courts are more likely to consider the costs and time requirements of discovery when considering a defendant’s 12(b)(6) motion to dismiss. Several courts have recently indicated a willingness to grant motions to dismiss in copyright infringement cases when …
Trouble For Trolling: Courts Reject Copyright Trolling Tactics, Megan R. Haslach
Trouble For Trolling: Courts Reject Copyright Trolling Tactics, Megan R. Haslach
Washington Journal of Law, Technology & Arts
Copyright trolling has become a popular, but widely criticized tactic used by copyright holders to defend their intellectual property rights. One method involves rights holders selling their rights to infringed works to holding companies, as those companies may more easily file hundreds of suits against potential infringers at once. Another method involves rights holders themselves filing mass lawsuits against hundreds of BitTorrent users at once using their anonymous IP addresses, threatening to name the alleged infringers in a lawsuit if a settlement is not paid. However, in many recent cases, courts have shut down such tactics by invoking procedural deficiencies …
Criminal Defenses To Anti-Circumvention Charges For Modifying Video Game Consoles, Peter Dang
Criminal Defenses To Anti-Circumvention Charges For Modifying Video Game Consoles, Peter Dang
Washington Journal of Law, Technology & Arts
In United States v. Crippen, Matthew Crippen was charged with modifying Xbox 360 consoles for others for a fee. His modifications allowed the consoles to run unlicensed software in violation of the anti-circumvention provision of the Digital Millennium Copyright Act (DMCA). In the first criminal trial arising from these provisions, the United States District Court for the Central District of California granted a motion in limine allowing the government to exclude evidence of fair use, holding that the DMCA provisions contained no fair use exception. After the prosecution abruptly dropped the case in December 2010, several questions remain unanswered: …
Can You Hear Me Now? The Race To Provide America With Universal, High-Speed Wireless Coverage, Dina Neda Rezvani
Can You Hear Me Now? The Race To Provide America With Universal, High-Speed Wireless Coverage, Dina Neda Rezvani
Washington Journal of Law, Technology & Arts
As the United States becomes increasingly dependent on universal, high-speed wireless services, infrastructural limitations are producing tension. The interests of consumers, telecommunications companies, state and local authorities, and businesses, as well as national security, are all at stake. Yet legal uncertainty stemming from a split among federal circuit courts hampers the development of solutions. The courts diverge on the interpretation of a key provision of the Telecommunications Act (TCA), 47 U.S.C. § 332(c)(7)(B), that regulates wireless service providers’ ability to erect new towers. There is great need for a national standard to give mobile providers a uniform means of accommodating …
The Evolving Right To Counsel On State Post-Conviction Review, Marc D. Falkoff
The Evolving Right To Counsel On State Post-Conviction Review, Marc D. Falkoff
College of Law Faculty Publications
Fifty years after Gideon v. Wainwright announced that lawyers at state criminal trials are constitutional necessities and not luxuries, the metes and bounds of the right to counsel are still being hashed out in the courts. In particular, the law is evolving on the right to counsel during state post-conviction review, with the U.S. Supreme Court recently acknowledging, in Martinez v. Ryan, that sometimes lawyers are necessary (albeit not constitutionally compelled) during state collateral proceedings. 132 S.Ct. 1309, 1320 (2012). But the importance of Martinez has not yet been recognized by either the Illinois courts or its legislature. Of particular …
Equal Pay For Women Can Become A Reality: A Proposal For Enactment Of The Paycheck Fairness Act, Catherine Lerum
Equal Pay For Women Can Become A Reality: A Proposal For Enactment Of The Paycheck Fairness Act, Catherine Lerum
Northern Illinois University Law Review
The Equal Pay Act of 1963 has proved ineffective for women pursuing claims based on sex discrimination in the workplace. Legislative history indicates that the overall purpose of the EPA was to eliminate the wage gap; however, this honorable goal has not been achieved. The Paycheck Fairness Act, which was first introduced to Congress in 1997, will amend the EPA and further the original intent of Congress: eliminate the wage gap between men and women. The proposed legislation urges several new propositions, but this Legislative Note focuses on three amendments. First, the PFA would amend the infamous “any other factor …
Rethinking The Worker Classification Test: Employees, Entrepreneurship, And Empowerment, Griffin Toronjo Pivateau
Rethinking The Worker Classification Test: Employees, Entrepreneurship, And Empowerment, Griffin Toronjo Pivateau
Northern Illinois University Law Review
The structure of the American workplace depends on the ability to distinguish between employees and independent contractors. Unfortunately, the law provides little to guide employers in classifying workers. The legal tests to determine worker status are confusing, yield inconsistent results, and are not suited to the evolving employment relationship. Traditionally, courts examine the amount of control exerted over the putative employee by the employer: The more control exerted by the employer over the work, the more likely it is that the worker will be considered an employee. Control, however, is not the only factor to examine in determining worker status. …
How Tax Increment Financing (Tif) Districts Correlate With Taxable Properties, Randall K. Johnson
How Tax Increment Financing (Tif) Districts Correlate With Taxable Properties, Randall K. Johnson
Northern Illinois University Law Review
This article deals with Tax Increment Financing (TIF), which is a popular economic development tool. TIF borrows against future tax revenues to subsidize current development projects. In Illinois, this economic development tool is justified by its promise to expand the local tax base: by increasing tax revenues, increasing the number of taxpayers or increasing the number of taxable properties in the area. However, it is not clear that TIF delivers on its promise. A new dataset, which is introduced in this article, helps to clarify the issue. It does so by providing information about the number of TIF Districts in …
Two Wrongs Don't Make A Right: Implications Of The Sex Discrimination Present In Same-Sex Marriage Exclusions For The Next Supreme Court Same-Sex Marriage Case, Catherine Jean Archibald
Two Wrongs Don't Make A Right: Implications Of The Sex Discrimination Present In Same-Sex Marriage Exclusions For The Next Supreme Court Same-Sex Marriage Case, Catherine Jean Archibald
Northern Illinois University Law Review
This year was a historic time in the gay rights movement. While the nation held its collective breath, the Supreme Court deliberated over the questions of whether same-sex couples have constitutional rights to marry and have their marriages recognized by the federal government. In its landmark decision issued last summer, the Supreme Court struck down part of the Federal Defense of Marriage Act (DOMA), finding that same-sex couples married under state law must have their marriages recognized by the federal government. However, in its other same-sex marriage decision, the Supreme Court avoided the question, for now, of whether same-sex couples …
A Bend In The Law & Literature: Greed, Anarchy, And Dictatorship In The African Worlds Of V.S. Naipaul And Ngugi Wa Thiong'o, Dustin A. Zacks
A Bend In The Law & Literature: Greed, Anarchy, And Dictatorship In The African Worlds Of V.S. Naipaul And Ngugi Wa Thiong'o, Dustin A. Zacks
Northern Illinois University Law Review
This Article examines two giants of colonial and postcolonial fiction involving African states that heretofore have been largely ignored by the law and literature movement. Nobel Prize winner V.S. Naipaul and East Africa's foremost novelist Ngugi Wa Thiongo'o are worth studying for their vivid descriptions of the challenges postcolonial societies face “ challenges such as corruption and authoritarianism that are usually addressed, at least in legal scholarship, in the context of international or human rights law, rather than in the context of narrative fiction. The Article also critiques traditional academic literary criticism for its disparate treatment of the two authors. …
Consideration For A Price: Using The Contract Price To Interpret Ambiguous Contract Terms, Donald J. Smythe
Consideration For A Price: Using The Contract Price To Interpret Ambiguous Contract Terms, Donald J. Smythe
Northern Illinois University Law Review
Most contract cases involve disputes about the interpretation of the contracts. There is a voluminous law and economics literature on contract interpretation, but ironically, it does not address whether and how the contract term that is usually of most interest to economists “ the contract price “ might be used to interpret other ambiguous contract terms. This is no doubt in part because there are legal authorities that discourage courts from considering the adequacy of the contract price in deciding whether other clauses are contractually enforceable. However, these authorities are much more persuasive for some contracts than for others. Indeed, …
Two Years Is Too Long: The Two-Year Ban On The Agency Model Can Save The E-Book Industry But Ruin Bookstores, Jessica Harrill
Two Years Is Too Long: The Two-Year Ban On The Agency Model Can Save The E-Book Industry But Ruin Bookstores, Jessica Harrill
Northern Illinois University Law Review
Ever since electronic books and their e-readers hit the market, there has been a near constant struggle between the e-book retailers and the publishers on who should set the price for each e-book. In 2011, when Apple decided to join the e-reader battle, the publishers changed their pricing scheme with all e-book retailers, giving the publishers most of the power. An investigation by the Department of Justice into Apple and five of the six major publishing companies led to an antitrust suit for fixing prices that most publishers have since settled out of court. This Comment argues that one specific …
Vol. 34, No. 1, Fall 2013: Table Of Contents, Northern Illinois University Law Review
Vol. 34, No. 1, Fall 2013: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
The Oddly Perverse Consequences Of Mandatory Sentencing Enhancements, Marc D. Falkoff
The Oddly Perverse Consequences Of Mandatory Sentencing Enhancements, Marc D. Falkoff
College of Law Faculty Publications
In June, the Illinois 2nd District Appellate Court reversed the first-degree murder conviction of defendant Gareng Deng under rather unusual circumstances. Deng, who pleaded guilty to a killing in 2009 in exchange for 35 years in prison, argued that his conviction should be overturned because the sentencing judge had given him too lenient a sentence – and the appellate panel agreed. People v. Deng, 2013 IL App (2d) 111089 (2013). The counterintuitive ruling was in accord with Illinois decisional law, under which sentences falling outside of statutory maximums or minimums are deemed “void” from the outset. People v. White, 953 …
Afterthought Crimes And The Felony Murder Rule In Illinois, Marc D. Falkoff
Afterthought Crimes And The Felony Murder Rule In Illinois, Marc D. Falkoff
College of Law Faculty Publications
Last month, the Mississippi Supreme Court held that a defendant who decided to commit a robbery after killing his victim could be convicted of capital murder on the basis of a “felony-murder” theory. In other words, in order to convict the defendant of murder, the state didn’t have to prove that he intended to kill his victim or even that he caused his victim’s death as a result of a robbery attempt. Rather, the state only had to demonstrate that the robbery was committed as an “afterthought” to the killing. Batiste v. State, __ So. 3d __ (Miss., May 16, …
A First Amendment Defense To The Federal Cyberstalking Statute In The Age Of Twitter, Christopher Young
A First Amendment Defense To The Federal Cyberstalking Statute In The Age Of Twitter, Christopher Young
Washington Journal of Law, Technology & Arts
Real-time information technology facilitates more efficient channels of communication. As communication becomes nearly instantaneous and further reaching, it seems probable that more expression will fall within the scope of cyberharassment and cyberstalking laws. Attorneys who represent clients indicted on such criminal charges need to familiarize themselves with possible defenses. This Article suggests invoking the overbreadth doctrine to exonerate a client who is charged with violating the federal cyberstalking statute.
Repairing The Antibiotic Pipeline: Can The Gain Act Do It?, Caitlin Forsyth
Repairing The Antibiotic Pipeline: Can The Gain Act Do It?, Caitlin Forsyth
Washington Journal of Law, Technology & Arts
Antibiotic resistance, according to the World Health Organization, is one of the greatest threats to public health. To combat the problem, new antibiotics need to be developed. However, antibiotic research and development is fraught with scientific and economic problems. Recognizing these problems and the public health threat posed by antibiotic resistance, Congress passed the GAIN Act, which President Obama signed into law in June 2012. The GAIN Act (Act) incentivizes pharmaceutical companies to invest in antibiotic research and development. This Article will outline the incentives in the Act and suggest why the Act may not solve the growing antibiotic resistance …
Conformity In Confusion: Applying A Common Analysis To Wikipedia-Based Jury Misconduct, Matthew Fredrickson
Conformity In Confusion: Applying A Common Analysis To Wikipedia-Based Jury Misconduct, Matthew Fredrickson
Washington Journal of Law, Technology & Arts
In 2012, the United States Court of Appeals for the Fourth Circuit decided United States v. Lawson, a case of first impression about a juror’s use of Wikipedia during deliberations. Had this case been decided in the 1950s, the juror’s contact with the extra-record material during deliberations would have given rise to a presumption of prejudice in favor of the party claiming he was denied a fair trial. However, in the 1980s and 1990s, the United States Supreme Court seemed to eliminate that presumption and place the burden of proving prejudice on the party seeking a new trial. As …
Medical Advances, Criminal Disadvantages: The Tension Between Contemporary Antiretroviral Therapy And Criminal Hiv Exposure Laws In The Workplace, Chelsey Heindel
Medical Advances, Criminal Disadvantages: The Tension Between Contemporary Antiretroviral Therapy And Criminal Hiv Exposure Laws In The Workplace, Chelsey Heindel
Washington Journal of Law, Technology & Arts
In 1988, the Washington Legislature classified intentionally exposing individuals to the human immunodeficiency virus (HIV) as criminal assault in the first degree. Lawmakers intended to penalize infected individuals without conditioning criminal liability on actual HIV transmission. Since 1988, however, medical technologies and effective HIV treatment have rapidly advanced. Recent studies indicate that effective antiretroviral therapy (ART) can reduce HIV transmission risks to a virtual impossibility during moments of intentional exposure. Despite these medical advances, the 1988 exposure law remains unchanged. Consequently, individuals undergoing effective ART risk felony liability within the course of commonplace work conduct by intentionally exposing others to …
Issues And Challenges In The Development Of Open Access Publishing And Scholarly Communications In Nigeria, Ifeoma Ann Oluwasemilore
Issues And Challenges In The Development Of Open Access Publishing And Scholarly Communications In Nigeria, Ifeoma Ann Oluwasemilore
American Association for the Advancement of Science Pacific Conference
The paper notes that advances in technology have resulted in the emergence of open access publishing and scholarly communication. Open access publishing typically provides an internet based digital platform for the publication of research output with unrestricted access to the public while scholarly publication networks encompass inter linked information access to database by educational institutions. The growth of open access publishing and scholarly communication has been very remarkable in many developed countries. However, academic and research institutions in many developing countries like Nigeria are still battling to overcome many challenges in an attempt to make their research outputs openly accessible. …
Reconsidering The Gathering/Publication Dichotomy: Recording As Speech? What Next?, Steven Helle
Reconsidering The Gathering/Publication Dichotomy: Recording As Speech? What Next?, Steven Helle
Northern Illinois University Law Review
The First Amendment information-gathering right has always been inferior to the long-established right to speak and publish. As such, the danger has been that a court concerned, for example, with prejudicial publicity could characterize the issue as gathering instead of publication—and apply a more relaxed standard. Indeed, the transparent concern in most gathering cases has been with the ultimate publication. When states defend statutes prohibiting recording without the consent of all parties to a conversation, the asserted “privacy” interests are generally not threatened by the physical act of recording, but by the disclosure of the content of the recording. Thus, …
Domestic Surveillance Via Drones: Looking Through The Lens Of The Fourth Amendment, Saby Ghoshray
Domestic Surveillance Via Drones: Looking Through The Lens Of The Fourth Amendment, Saby Ghoshray
Northern Illinois University Law Review
Prompted by a newly minted governmental conceptualization of domestic surveillance, this Article focuses on a set of legal and philosophical dimensions to evaluate whether drone-enabled surveillance of citizens comports with fundamental liberty. Identifying the post-9/11 landscape as a primary contributor to the emergence of a security-centric society, this Article provides an interpretative gloss on the contemporary legal frame-work's tendency toward immunizing governmental surveillance of its own citizens. By evaluating how the original understanding of the Fourth Amendment may have been attenuated within jurisprudence, this Article provides a stark reminder of why the aspiratory dimensions of the Framers' view of liberty …