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Articles 1 - 30 of 64
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Bust Out Without Breaking Up, Michael M. Oswalt
Bust Out Without Breaking Up, Michael M. Oswalt
College of Law Faculty Publications
(Response to “Careful What You Wish For: A Critical Appraisal of Proposals to Rebuild the Labor Movement” by Lance Compa, originally published in New Labor Forum on December 28, 2015). Lance Compa is right: alt-labor relies heavily on union support, and it’s not self-sustaining. But the conclusion he draws—that it’s a lot of flash and no fix—is only half-right. The truth is, we should feel optimistic about “traditional” labor because of alt-labor, not in spite of it. The two futures are linked, and supporting alt-labor may be the smartest way for unions to put fuel to the flashes and get …
Vol. 7 No. 1, Fall 2015; Equal Access: A Proposal For Homeschooled Students And Athletics, Cora Moy
Vol. 7 No. 1, Fall 2015; Equal Access: A Proposal For Homeschooled Students And Athletics, Cora Moy
Northern Illinois Law Review Supplement
A prevalent issue that homeschooled students face is access to interscholastic athletics at public schools. Over the past several decades, the United States has seen an upward trend in the number of children who are homeschooled. In Illinois, the local public school determines whether homeschooled students may participate in activities at public schools. While this Comment explores a sample of varying laws and regulations on homeschooled student participation in public school athletics, the purpose is to examine the debate on homeschooler's access to public schools and why the Illinois Legislature should create a minimum standard that would allow homeschooled students …
Vol. 7 No. 1, Fall 2015; As If All The World Were Watching: Why Today's Law Enforcement Needs To Be Wearing Body Cameras, Rikkilee Moser
Vol. 7 No. 1, Fall 2015; As If All The World Were Watching: Why Today's Law Enforcement Needs To Be Wearing Body Cameras, Rikkilee Moser
Northern Illinois Law Review Supplement
The widespread use of body-worn cameras among police departments across the nation is not only the next logical step in law enforcement, but in the wake of the confrontation in Ferguson, Missouri between Michael Brown and Darren Wilson, it is also crucial to ensuring the safety of both civilians and officers alike. This article discusses the numerous advantages to body-worn technology and the positive results that have been demonstrated by precincts already utilizing the equipment; as well as dispels several counter arguments, namely that body-worn cameras are a violation of privacy.
Vol. 7 No. 1, Fall 2015; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Vol. 7 No. 1, Fall 2015; 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.
La Prevención Y Represión De Los Fraudes Alimentarios En La Unión Europea, Luis González Vaqué
La Prevención Y Represión De Los Fraudes Alimentarios En La Unión Europea, Luis González Vaqué
Luis González Vaqué
Food fraud, or the act of defrauding buyers of food or ingredients for economic gain has vexed the food industry throughout history. Despite the integrity of the majority of the food industry and their commitment to consumer protection and consumer confidence, the issue of food fraud has gained attention in recent times. Although EU food law is very detailed with respect to food safety (including controls and tests in areas such as residues and other contaminants of food and feed), there is no framework in place specifically to target food fraud, other than the general stipulation that consumers may not …
Polygam's Inscrutable Criminal Mischief, Susan G. Drummond
Polygam's Inscrutable Criminal Mischief, Susan G. Drummond
Susan G. Drummond
The polygamy charges laid in the settlement of Bountiful, British Columbia, in January 2009, give rise to questions about the particular mischief of the polygamy offence in section 293 of Canada's Criminal Code. This article argues that, as a result of developments within related areas of law, polygamy's mischief under the current wording of the section is virtually inscrutable. When used, this section has principally served as a mechanism to discipline socially and politically marginalized groups. Developments in family law over the last forty years have generated a host of exceptions to the application of the polygamy section, including religious …
International Legal Protection For Climate Refugees: Where Lies The Haven For The Maldivian People?, Simran Dolla
International Legal Protection For Climate Refugees: Where Lies The Haven For The Maldivian People?, Simran Dolla
Student Works
Climate change and sea level rise are not just mere words for the Maldivian people; they are a grim reality that is consuming their nation. Sea level rise presents one of the gravest dangers for the Maldives because of its already low-lying characteristics. As the levels continue to rise, the nation is sinking into extinction. Some 300,000 people of the Maldives are on the brink of losing their homes and becoming climate change refugees. The existing international laws are not only ill-equipped to provide protections or the much-needed relief, they also make no mention of climate change refugees. Therefore, as …
Throwing The Flag On Pay-For-Play: The O'Bannon Ruling And The Future Of Paid Student-Athletes, Joseph Davison
Throwing The Flag On Pay-For-Play: The O'Bannon Ruling And The Future Of Paid Student-Athletes, Joseph Davison
Washington Journal of Law, Technology & Arts
A group of former and current football and men’s basketball players, led by ex-UCLA basketball star Edward O’Bannon, brought an antitrust suit against the NCAA in the U.S. District Court for the Northern District of California. Their goal was to obtain an injunction ending the NCAA’s rules preventing players from being paid for the use of their names, images, or likenesses. Relying in large part on a 1984 Supreme Court case, NCAA v. Board of Regents of the University of Oklahoma, the NCAA claimed that there are specific procompetitive justifications for the restrictions, namely, amateurism and competitive balance. The …
The Wooly-Mammoth In The Room: The Patentability Of Animals Brought Back From Extinction Through Cloning And Genetic Engineering, Miriam Ricanne Swedlow
The Wooly-Mammoth In The Room: The Patentability Of Animals Brought Back From Extinction Through Cloning And Genetic Engineering, Miriam Ricanne Swedlow
Washington Journal of Law, Technology & Arts
Advances and success in cloning and genetic engineering may mean passenger pigeons, dodos, gastric-brooding frogs, thylacines, woolly mammoths, and other extinct species will once again grace this planet. As de-extinction becomes a reality, it is uncertain whether these animals are patent eligible. Diamond v. Chakrabarty opened the door to cloning multicellular organisms. Since then, the U.S. Patent Office’s Board of Patent Appeals and Interferences has found “non-naturally occurring, man-made organisms including animals” to be patentable subject matter under 35 U.S.C. § 101. Because the initial case challenging this decision failed on procedural grounds, the underlying legal issue has not been …
The Limits Of The Freedom Act's Amicus Curiae, Chad Squitieri
The Limits Of The Freedom Act's Amicus Curiae, Chad Squitieri
Washington Journal of Law, Technology & Arts
The federal government’s power to engage in surveillance for national security purposes is extensive. In an effort to reform the current national surveillance regime, scholars have called for, among other things, the creation of a “special advocate” to counter the government’s arguments before the Foreign Intelligence Surveillance Court. Feeling political pressure to improve an ever-unpopular national surveillance regime, lawmakers passed the USA FREEDOM Act (“Freedom Act”). Section 401 of the Freedom Act provides for the creation of an “amicus curiae,” a position that differs from earlier conceptions of a “special advocate” in important respects. This Essay examines those differences, and …
The Dmca Rulemaking Mechanism: Fail Or Safe?, Maryna Koberidze
The Dmca Rulemaking Mechanism: Fail Or Safe?, Maryna Koberidze
Washington Journal of Law, Technology & Arts
This Article analyzes seventeen years under the Digital Millennium Copyright Act (“DMCA”) rulemaking mechanism and suggests changes to reinforce its successes while remedying its failures. Part I briefly discusses the legislative history of the rulemaking mechanism and policy justifications for its adoption within the DMCA scheme. Part II reviews legal and evidentiary standards of the rulemaking and recent changes to its administrative procedure. Part III provides an overview of the prior rulemakings and their impact on non-infringing uses, with a particular focus on the “e-book” and “cellphone unlocking” exemptions. Part IV applauds the Breaking Down Barriers to Innovation Act of …
The Brazilian Clean Company Act: Using Institutional Multiplicity For Effective Punishment, Mariana Mota Prado, Lindsey Carson, Izabela Correa
The Brazilian Clean Company Act: Using Institutional Multiplicity For Effective Punishment, Mariana Mota Prado, Lindsey Carson, Izabela Correa
Osgoode Hall Law Journal
In Brazil’s battle against corruption over the past two decades, there has been significant progress associated with the systems of oversight and investigation but very little progress in holding corrupt actors legally accountable for their transgressions. We suggest that until very recently this could be partially explained by the fact that there was institutional multiplicity (i.e., duplication of functions) in oversight and investigative institutions, while at the punishment stage, a single and underperforming institution—the judiciary—exercised monopolistic authority. To circumvent the limits associated with Brazilian courts, the government is increasingly relying on administrative sanctions for corruption. It is in this context …
Just Because You Can, Doesn't Mean You Should: Equal Protection, Free Speech, And Religious Worship, Timothy J. Tracey
Just Because You Can, Doesn't Mean You Should: Equal Protection, Free Speech, And Religious Worship, Timothy J. Tracey
Northern Illinois University Law Review
Surveys suggest that about twelve percent of Evangelical Christian churches assemble for worship each week in local school buildings. Most of these churches meet Sunday after Sunday without trouble. However, in the last five years, a handful of school districts have banned Christian churches from using their facilities for worship services. Most notoriously, New York City school officials adopted a policy denying access to anyone seeking to use school space as a “house of worship.” Some of the churches faced with these bans have responded with legal action. They and their attorneys maintain that these worship bans violate the First …
Florida's Downtowns Are Free To Grow Local Broccoli…And Chickens (Sometimes), Sidney F. Ansbacher, Michael T. Olexa, Kathleen Maurer
Florida's Downtowns Are Free To Grow Local Broccoli…And Chickens (Sometimes), Sidney F. Ansbacher, Michael T. Olexa, Kathleen Maurer
Florida A & M University Law Review
The United States Supreme Court in National Federation of Independent Business v. Sebelius (Sebelius), famously invoked broccoli to limit the scope of Commerce Clause. All of the Justices used broccoli as a plot device to further their respective arguments answering whether the individual mandate to buy health insurance was constitutional. This article discusses the other end of the economic spectrum – local. We explicate Florida’s local government regulations of urban planting, growing, and selling of broccoli, as well as other fruits, vegetables, and animals. This requires a history of urban agriculture and local zoning laws before we discuss current laws …
“U Can’T Touch This” Fog Line: The Improper Use Of A Fog Line Violation As A Pretext For Initiating An Unlawful Fourth Amendment Search And Seizure, Harvey Gee
Northern Illinois University Law Review
Fog line litigation is happening all across the country. For years, law enforcement officers across the country have been initiating traffic stops of cars on our roadways, based on allegations that the drivers crossed onto a fog line in violation of a state ordinance prohibiting such conduct. A fog line is the white line that divides the shoulder from the road. While the legislative history and language of these fog line statutes reflect their public safety purpose, the police are relying on statutes as an excuse to pull over cars which may have only momentarily crossed the fog line and …
Wrestling With The Ecclesiastical Abstention Doctrine: How Puskar V. Krco Further Complicated The Heavily Litigated History Of The Serbian Orthodox Church In America, Dan Knudsen
Northern Illinois University Law Review
The ecclesiastical abstention doctrine is a long-held constitutional principle that prohibits a court from resolving a dispute that is inherently religious in nature. The ecclesiastical abstention doctrine's practical application requires a court to either abstain from fact-finding issues that are based on religious doctrine or church governance, or defer to the decisions handed down by the church leadership or a hierarchical authority. An implicit concept within the ecclesiastical abstention doctrine is the necessity for there to be an interchurch dispute”namely, one that is confined to a local church body or a hierarchically structured religious organization. Since not every dispute within …
Illinois Lawyer Investigations Of Current Client Concerns, Jeffrey A. Parness
Illinois Lawyer Investigations Of Current Client Concerns, Jeffrey A. Parness
Northern Illinois University Law Review
When questions are raised by a current client regarding an attorney’s representation of the client, the questioned attorney should be able to seek counsel confidentially. Such a conferral will often benefit the attorney, the firm and the client. Advice regarding questioned conduct should be encouraged, not discouraged. To prompt such conferrals, an attorney-client communication and a work product privilege should be available in Illinois, with availability not dependent upon whether in-house, outside or other attorneys are sought for counsel. While early federal precedents were split, increasingly under other state high court precedents the attorney-client communication privilege is available. Its recognition …
“That Justice Shall Be Done”—Constitutional Requirements, Ethical Rules, And The Professional Ideal Of Federal Prosecution, Charles R. Wilson
“That Justice Shall Be Done”—Constitutional Requirements, Ethical Rules, And The Professional Ideal Of Federal Prosecution, Charles R. Wilson
Northern Illinois University Law Review
Seventy-five years ago, then-Attorney General and subsequent Supreme Court Justice Robert H. Jackson delivered a speech entitled The Federal Prosecutor. This Article revisits Jackson's speech to extract a few insights about ethics and professional responsibility, specifically with regard to prosecutorial discretion. Beyond the constitutional and ethical obligations involved in representing the United States in court, federal prosecutors must continually aspire to a professional ideal derived from their duty to seek and serve justice. This Article submits that this professional ideal”as envisioned by Jackson and alluded to by the Supreme Court”is also applicable to every lawyer as he or she exercises …
Gone Fishing: Angling For An Answer To Asian Carp Migration After The Seventh Circuit's Refusal To Allow Hydrological Separation, Matthew A. Kratky
Gone Fishing: Angling For An Answer To Asian Carp Migration After The Seventh Circuit's Refusal To Allow Hydrological Separation, Matthew A. Kratky
Northern Illinois University Law Review
Asian carp are the latest addition to an extensive list of invasive species that pollutes American waterways. But unlike other prominent invasive species, Asian carp were intentionally brought into the United States to control algae growth in Southern aquaculture ponds. Torrential flooding provided an avenue for these fish to escape into the Mississippi River, and since then, the Asian Carp have migrated northward into the Illinois River and the Chicago Area Waterway System. Along the way, their incessant hunger and prolific breeding habits have enabled Asian carp to monopolize food sources to the detriment of native fish populations. Asian carp …
When “One Country, Two Systems” Meets “One Person, One Vote”: The Law Of Treaties In The Crucible Of Hong Kong’S Election Crisis, Gregory S. Gordon
When “One Country, Two Systems” Meets “One Person, One Vote”: The Law Of Treaties In The Crucible Of Hong Kong’S Election Crisis, Gregory S. Gordon
Gregory S. Gordon
In Hong Kong’s recent election crisis, an uprising against China’s pre-selecting candidates for Chief Executive and thus foreclosing civic-nomination, both sides (establishment and pro-democracy) have attempted to interpret the term “universal suffrage” based exclusively on its inclusion in Hong Kong’s mini-constitution, the Basic Law. In so doing, however, they have given short shrift to the agreement that gave rise to the Basic Law in the first place: the 1984 Sino-British Joint Declaration. But while the Joint Declaration provides important textual insights, it simultaneously raises significant issues regarding application of the law of treaties. For example, did the Joint Declaration terminate …
Black Hole In The Rising Sun: Japan And The Hague Convention On Child Abduction, Paul Hanley
Black Hole In The Rising Sun: Japan And The Hague Convention On Child Abduction, Paul Hanley
Paul Hanley
Despite Japan’s recent adoption of the the Hague Convention on the Civil Aspects of International Parental Abduction, great concern remains whether Japan is willing to comply with the legal obligations imposed by the Convention. This article examines Japan’s struggle with the issue of international child abduction, analyzing its traditional approach to family matters such as its “divorce by conference” system, which permits couples to negotiate issues of child custody and visitation without any judicial oversight or guidance. Further complicating matters, when a marriage ends in Japan, joint-custodial rights usually end, with only one parent getting physical custody of a child. …
Paying For Nude Celebrities: Testing The Outer Limits Of Roommates.Com, Accusearch, And Section 230 Immunity, Christian Kaiser
Paying For Nude Celebrities: Testing The Outer Limits Of Roommates.Com, Accusearch, And Section 230 Immunity, Christian Kaiser
Washington Journal of Law, Technology & Arts
The Internet is a powerful tool that promotes commerce, free thought, and free speech. It is these exact values that Congress sought to solidify when it passed Section 230 of the Communications Decency Act. The Internet also has a dark side, which is filled with obscenities, pornography, and illegal activity. In order to protect positive values and activities on the Internet, Congress decided to incentivize websites to police the content posted by their users. This was done by providing broad immunity from lawsuits based on content posted by third parties. But this immunity is not absolute. In the Fair Housing …
Vol. 36, No. 1, Fall 2015: Table Of Contents, Northern Illinois University Law Review
Vol. 36, No. 1, Fall 2015: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Real-Time Sports Data And The First Amendment, Ryan M. Rodenberg, John T. Holden, Asa D. Brown
Real-Time Sports Data And The First Amendment, Ryan M. Rodenberg, John T. Holden, Asa D. Brown
Washington Journal of Law, Technology & Arts
Technological advancements have created an emergent challenge for organizations attempting to monetize real-time information. Real-time data as a commodity is especially relevant in the sports industry. Sports leagues increasingly seek to control the dissemination of real-time data in conjunction with lucrative distribution agreements. We analyze the legal status of real-time sports data under both intellectual property law and the First Amendment, with our case-by-case analysis extending to spectators, gamblers, journalists, and non-gambling entrepreneurs. Although we conclude that the First Amendment protections are broad across all four categories, particularly when the underlying sporting event takes place on public land, we find …
From Inwood To Internet And Beyond: Assessing The Web Host-User Relationship In Contributory Online Trademark Infringement, Julie Liu
Washington Journal of Law, Technology & Arts
While courts have created a doctrine of contributory trademark infringement in response to the expansion of goods and services from brick-and-mortar to the Internet, the exact duties of web hosts under the rule are not yet clear. Despite judicial attempts to carve out new standards to define traditional requirements, the application of these standards remains inconsistent and has left unresolved ambiguities. The disparities between the standards may be balanced through an analysis of the affirmative duties imposed by the law on online service providers, as well as a closer look at the relationship between a service provider and user. This …
Graffitti And The Visual Artists Rights Act, Amy Wang
Graffitti And The Visual Artists Rights Act, Amy Wang
Washington Journal of Law, Technology & Arts
Common adornments on the sides of freight trains, highway underpasses, and dark alleyways, aerosol paint designs now also boast recent appearances on high-fashion runways, in Top 40 music videos, and even at sophisticated art auctions. Graffiti, by any other name, is still generally associated with gang activity. However, the acceptance of street art by pop culture has legitimized spray painting as another expression of modern art and aerosol artists have proven they deserve recognition. Nonetheless, while intellectual property law extends protection to benefit other artists, its application is limited as a recourse for graffiti artists. Why? Because the irony of …
Fracking In Illinois: Implementation Of The Hydraulic Fracturing Regulatory Act And Local Government Regulatory Authority, John Abendroth
Fracking In Illinois: Implementation Of The Hydraulic Fracturing Regulatory Act And Local Government Regulatory Authority, John Abendroth
Northern Illinois University Law Review
High-volume horizontal hydraulic fracturing (Fracking) is a relatively new means of drilling for oil and gas resources. With the knowledge that the oil and gas industry was purchasing land leases in southern Illinois and beginning to introduce fracking activities in the state, and that such activities would not be regulated under existing state law, Illinois legislators collaborated with industry and environmental interests to develop and pass the Hydraulic Fracturing Regulatory Act (HFRA or Act) in 2013. While this legislation has been considered by some to be among one of the most stringent and protective in the nation, many environmental interests …
The Worst Of Both Worlds: The Wild West Of The "Legal" Marijuana Industry, Luke Scheuer
The Worst Of Both Worlds: The Wild West Of The "Legal" Marijuana Industry, Luke Scheuer
Northern Illinois University Law Review
As states have legalized marijuana, they have created a booming industry that operates in violation of the federal Controlled Substances Abuse Act. Like the tobacco and alcohol industries, this new legal marijuana industry has the potential to do great harm to American consumers and communities if it is not disciplined and restrained in how it sells and develops its products. Unfortunately the federal government has not yet stepped in to regulate the industry and state governments have imposed only limited controls. In addition, because of the increased threat of criminal and civil liability hanging over the industry, it has been …
Open Legal Educational Materials: The Frequently Asked Questions, James Boyle, Jennifer Jenkins
Open Legal Educational Materials: The Frequently Asked Questions, James Boyle, Jennifer Jenkins
Washington Journal of Law, Technology & Arts
There has been considerable discussion in academic circles about the possibility of moving toward open educational materials—those which may be shared, copied and altered freely, without permission or fee. Legal education is particularly ripe for such a transition, as many of the source materials—including federal statutes and cases—are in the public domain. In this article, we discuss our experience producing an open casebook and statutory supplement on Intellectual Property Law, and answer many of the frequently asked questions about the project. Obviously, open coursebooks are less expensive and more convenient for students. But we found that they also offer pedagogical …
The 2015 Federal Budget's Medical Marijuana Provision: An "End To The Federal Ban On Marijuana" Or Something Less Than That?, Alex Kreit
Northern Illinois University Law Review
In 2014, Congress began to face the nearly 20-year conflict between state medical marijuana laws and federal prohibition. It did so in a somewhat curious way, however--tacking on a rider to the 2015 federal budget to block the Department of Justice from spending money to “prevent” medical marijuana States from “implementing” their laws. Some news reports trumpeted the development as an “end” to the federal ban on marijuana. But the handful of court decisions to consider the 2015 budget provision so far suggest it might not have much effect at all on federal marijuana enforcement. This essay, written for the …