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Vol. 8 No. 1, Fall 2016; 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. 8 No. 1, Fall 2016; Respite For Tantalus: Illinois’S Sexually Violent Persons Commitment Act – Due Process In (In)Action, Brian E. Wilson

Northern Illinois Law Review Supplement

Under current Illinois law, criminals who have been adjudicated guilty of committing certain types of sex offenses can, at any point during their incarceration, be involuntarily committed indefinitely. They are sent to the Treatment and Detention Facility in Rushville, Illinois, where they are to undergo treatment for various disorders, and are not released until the Department of Human Services determines they no longer present a danger of re-offending. While this is the intent of the law, in practice this secondary commitment is violating these offenders' Due Process rights. This Comment examines the Sexually Violent Persons Commitment Act in Illinois; its …

Vol. 8 No. 1, Fall 2016; The Fatal Fiala Flaw: Hey! Why Not Just Make Arbitration Agreements Mandatory?, Adam N. Lichtenauer

Northern Illinois Law Review Supplement

This Article discusses the ability of healthcare agents to bind their principals with arbitration agreements when admitting their principals to nursing homes. A recent Illinois appellate court decision had the unfortunate effect of allowing nursing homes to expand the authority of healthcare agents to encompass arbitration agreements by simply making such agreements a requirement for admission. Although this ruling has the potential to further disadvantage people who are already unable to care for themselves, this Article will discuss approaches that can be used to correct the misstep.

The Influence Of Special Interest Groups On Copyright Law And Policy—A Comparison Of The Legislative Processes In The United States And Switzerland, Michael P. Kunz

Washington Journal of Law, Technology & Arts

In April 2016, the Office of the United States Trade Representative placed Switzerland on the Watch List of its 2016 Special 301 Report, which contains an annual review of the state of intellectual property rights protection and enforcement in U.S. trading partners around the world. According to the Report, the decision to put Switzerland on the Watch List was premised on U.S. concerns regarding specific difficulties in Switzerland’s system of online copyright protection and enforcement, particularly the “Logistep” ruling issued by the Federal Supreme Court of Switzerland in 2010. Although the Swiss authorities have acknowledged the difficulties mentioned in the …

Privacy Harmonization And The Developing World: The Impact Of The Eu's General Data Protection Regulation On Developing Economies, Tiffany Curtiss

Washington Journal of Law, Technology & Arts

Through strengthened third-party obligations for data protection, the European Union’s General Data Protection Regulation will export privacy norms. However, developing economies may want to consider a co-regulatory industry approach to data protection before adopting similar national legislation. The General Data Protection Regulation can be an ideal model for global harmonization of privacy laws, particularly for adoption among industries and willing participants. To benefit from a co-regulatory approach, however, a developing economy would need to invest in education and legal systems in order to capture the benefits of the growing e-commerce market that will undoubtedly be influenced by the General Data …

Equitable Recovery For Ashley Madison Hack Victims: The Federal Trade Commission As Executor Of A Narrow Right To Be Forgotten In The United States, Mackenzie Olson

Washington Journal of Law, Technology & Arts

Events following the Ashley Madison data breach exposed the personal information of millions of users. Victims filed class action suits in multiple courts in the United States, seeking various forms of monetary and equitable relief. However, these plaintiffs have been unable to compel the removal of personal information from third-party Internet sites hosting the information previously circulated by hackers. Citizens of the European Union, by contrast, could likely compel the removal of such personal information. Unlike the United States, the European Union recognizes a “right to be forgotten”, which authorizes individuals to demand the removal of their personal information from …

How The Washington State Supreme Court Wrongly Applied The Communications Decency Act In Village Voice, And What It Means For Internet Service Providers, Samuel J. Daheim

Washington Journal of Law, Technology & Arts

In passing the Communications Decency Act of 1996 (CDA), Congress sought to promote and protect the ever-evolving free market of voices and ideas available on the internet. In order to reach this end, section 230(c) of the CDA extends protection from liability to those who provide a means for disseminating speech on the web, dubbed by the statute as “interactive computer service providers” (ICSP). Section 230 protects ICSPs from liability for harm inflicted by content created and posted by third parties on their respective forums. This Article focuses on a 2015 Washington State Supreme Court decision, J.S. v. Village Voice …

An Argument In Support Of Tax-Free Per-Cap Distribution Payments Derived From Native American Nations Gaming Sources, Arthur Acevedo

Northern Illinois University Law Review

Gaming activities play important social, cultural, and economic roles for many Native American tribes. During the 1970s and 1980s, gaming activities spread throughout the country, and became more accessible to nonnative individuals. This growth in gaming activities drew the attention of state and local officials who sought to limit and regulate Native American gaming. In California v. Cabazon Band of Mission Indians, the State of California, arguing before the Supreme Court, asserted that it could exercise jurisdiction over Native American gaming activities. In a stunning defeat, the Supreme Court ruled against the State of California when it announced its decision …

Educating A Jury On Eyewitness Testimony: Using Jury Instructions Is A Better Approach Than Expert Testimony, Kelly Mckay

Northern Illinois University Law Review

Eyewitness testimony experts are called to testify during criminal trials to explain the unreliability of eyewitness identifications. These experts describe to the jury how human memory works and try to create some doubt in the eyewitness's testimony. But are these experts really necessary when other methods can be used to create doubt in eyewitness testimony? This Comment discusses why eyewitness testimony experts should not be allowed to testify and the admissibility of eyewitness testimony experts throughout the country, primarily focusing on Illinois. This Comment also mentions New Jersey v. Henderson, which discusses the adoption of expansive jury instructions for eyewitness …

Toward Democracy In Criminal Procedure: The Significance & Limitation Of Citizen Participation In Criminal Trials In An Attempt To Accomplish Democracy In Criminal Justice In Korea, Soonmin Kwon

Northern Illinois University Law Review

Core principles of democracy are important not only in executive and legislative functions, but they are also significant to criminal adjudications. Many countries permit lay citizens to participate in fact-finding and/or sentencing in their criminal justice systems. When a lay person is allowed to judge whether a citizen has violated criminal law, direct democracy is incorporated into criminal justice, and the scope of democracy generally is expanded. Historically, the jury system has evolved as a legal means of expanding the freedom of citizens against political oppression by the state. The use of citizen juries in criminal proceedings takes fact-finding from …

Legislation To Admit Evidence Of Propensity When Prosecuting Dui Recidivists, Patrick D. Kenneally

Northern Illinois University Law Review

Despite gains, Illinois has yet to fully tourniquet the bloodletting caused by the selfish faction who persist in driving under the influence (DUI). Among this faction, DUI recidivists are commonplace and the elite threat. As Illinois legislators have done with prosecutions of sex offenders and domestic batterers, this Article advocates for the enactment of legislation allowing the State to admit evidence of a DUI defendants prior DUIs at trial. Admission of prior DUIs against a defendant will strengthen prosecutions of recidivists, which are inherently difficult, and ensure offenders face criminal sanctions proven to reduce recidivism.

Prohibition's Hangover: How Antiquated Illinois Beer-Law Is Abused By Big Beer To The Substantial Detriment Of Craft Breweries, Ryan R. Lee

Northern Illinois University Law Review

The explosion of the craft beer industry in recent decades has revealed how antiquated the laws relating to beer in Illinois have become. Shaped primarily by the Liquor Control Act of 1934, the Beer Industry Fair Dealing Act, the mandatory three-tier distribution system, and the inadequate policing power of the Illinois Liquor Control Commission, the Illinois beer-law landscape allows big beer to abuse the system to the substantial detriment of craft breweries. These regulations and deficiencies prohibit craft breweries from growing to their full potential and encourage craft brewers to either relocate out of, or outright refuse to do business …

The Common Market For International Students: Does A Right To Free Movement And Equal Treatment For Students Exist In The European Union?, Jarrod Tudor

Northern Illinois University Law Review

The market for international students in Europe is a lucrative one. Although there is no express free movement of students in the Treaty on the Functioning of the European Union (TFEU), the European Court of Justice (ECJ) has combined, through its jurisprudence, several provisions of European Union (EU) law to create a de facto right of free movement and equal treatment for citizens as they cross member-state borders seeking a higher education. Articles 18, 20, and 21 of the TFEU guarantee freedom of movement for citizens of the EU across member-state borders and freedom from discrimination based on nationality. Article …

Vol. 37, No. 1, Fall 2016: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.

Cyberbullying And The Law, Jamie Mosser

Northern Illinois University Law Review

Laws are created to regulate behavior and criminalize actions. Sometimes those laws have unintended consequences when it is applied to behavior not anticipated to be covered by those laws. Most states do not have laws specifically directed towards the punishment of cyberbullying behavior. However, the laws that have been created to punish Internet behavior are being used to punish cyberbullying. This essay, which has been written for the Northern Illinois University Law Review's Symposium on the Legal Implications of Social Media, explores the different civil and criminal laws that have an intended or unintended regulation of a student's use of …

What’S Really At Steak: How Conflicts Of Interest Within The Fda And Usda Fail To Protect Consumers, Christine Beaderstadt

Northern Illinois University Law Review

Chipotle shut down all of its restaurants nationwide in response to the ongoing food poisoning outbreaks. The deadly pathogen e. coli sickened people from the East coast to the West, and cost taxpayers hundreds of thousands of dollars. This Comment explores how these pathogenic outbreaks continue to happen, despite having federal agencies that are tasked with outbreak prevention. The increase of pathogenic outbreaks like e. coli and salmonella correlates to looser enforcement of federal regulations by executive agencies like the FDA and USDA. These agencies are often staffed by former lobbyists of the meat and poultry industries, and some who …

Law Firm Marketing In The Age Of Social Media: A Toolbox For Attorneys, Annie Mentkowski

Northern Illinois University Law Review

This Article provides many sources for a broad spectrum of attorneys interested in learning more about social media. Part I explores the social media platforms popular in the legal profession. Part II presents select secondary sources that are intended to enhance attorney engagement with social media. Part III looks at popular resources for managing law firms' social media efforts. Part IV provides popular technology and social media current awareness resources. Part V lists case examples where attorneys have been disciplined for ethical violations stemming from the use of social media.

Student-Athletes As Employees: Unmasking Athletic Scholarships, Zachary Bock

Northern Illinois University Law Review

The National Collegiate Athletic Association (NCAA) and its member institutions have increasingly become some of the most powerful organizations in the country. With increased power it was only a matter of time before the NCAA and member institutions would feel pressure from its own constituents. As was expected, the pressure initiated in the summer of 2009 when Edward O'Bannon, former UCLA men's basketball standout, brought a class action lawsuit against the NCAA alleging antitrust violations. After a long battle in the United States District Court for the Northern District of California, O'Bannon's class action prevailed, but only to have the …

Free Speech And Defamation In An Era Of Social Media: An Analysis Of Federal And Illinois Norms In The Context Of Anonymous Online Defamers, Heidi Frostestad Kuehl

Northern Illinois University Law Review

This Article provides an overview of the evolution of defamation causes of action in an increasingly online era and focuses on successful discovery of anonymous online defamers. After the recent Illinois Supreme Court case of Hadley v. Doe (2015), there are unique Illinois discovery tools that attorneys may use to identify anonymous or unidentified defendants according to Supreme Court Rule 224 and 735 ILCS § 5/2-402. The Article begins with the landscape of federal law preemption of state law according to the Communications Decency Act's "Good Samaritan" provisions in Section 230 and explains why Internet Service Providers ("ISPs") and social …

Prosecuting Threats In The Age Of Social Media, Enrique A. Monagas, Carlos E. Monagas

Northern Illinois University Law Review

Social media has opened new avenues for perpetrators to threaten and intimidate. No longer does someone need to physically stalk their prey to deliver a message; they can now threaten anyone, anywhere with just one click of their cell phone. And because the threatening communications are often prepared in private and can be delivered anonymously, they are not regulated by social norms that would harshly condemn such behavior. Thus, it should come as little surprise that threats are increasing every year and online threats are fueling that growth. This Article considers the challenges facing prosecutors in charging and prosecuting online …

Putting The Pieces Together: A Proposal For A Contributory Infringement Provision In Patent Law, Xianzhi Quan

Chicago-Kent Journal of Intellectual Property

Among the top five countries who have filed the most patent applications under the Patent Cooperation Treaty (“PCT”) in 2015, China is the only country that has no provision regarding contributory patent infringement. As a result, in patent cases related to contributory infringement, different courts have adopted different criteria to determine whether contributory patent infringement is present. This has resulted in many problems in China, causing confusion and conflicts in understanding among patent holders and the public.

With the increase of patent infringement cases in China, legislation on the standard of contributory patent infringement is imminent. This Article puts forward …

Vol. 36, No. 3, Summer 2016: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.

Black Hole In The Rising Sun: Japan And The Hague Convention On Child Abduction, Paul Hanley

International Human Rights Law Journal

Japan has long been criticized for its failure to address the issue of international child abduction. In response to international pressure, Japan adopted the Hague Convention on the Civil Aspects of International Parental Abduction in April 2014. Despite its ratification of the treaty, 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 …

Vol. 7 No. 2, Spring 2016; 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. 7 No. 2, Spring 2016; The Great De-Bait: America, Deer Hunting, And The Camouflage Of Anti/Pro-Baiting Regulations, Cole Deblaey

Northern Illinois Law Review Supplement

Big-game baiting is hunting’s civil war of the soul, a battle of ideas like few the sport has ever seen. Most debates in the hunting community deal with the mechanics of the sport, nuts-and-bolts issues such as season dates, equipment and management strategies of wildlife agencies. This one is different. It questions the heart, soul, and motive of a hunter–and that inflames deep passions. The argument has been waged between brothers in the world’s oldest sport at hunting lodges, wildlife agencies, seats of government, and the ballot box. This Comment canvases and attempts to demystify the camouflage of pro and …

Vol. 7 No. 2, Spring 2016; Muddy Waters: Why Polluted Groundwater Infiltrating Navigable Waters Should Not Be Excluded From National Pollutant Discharge Elimination System Permitting, Tad Juilfs

Northern Illinois Law Review Supplement

The debate over whether the Clean Water Act has jurisdiction over migratory groundwater in the same way that it does over navigable waters of the United States (regarding effluent standards) has left a wide split among courts attempting to interpret and apply the policy, goals, and language of the law. The problem lies in the difference between applying the law given its objectives and goals, or in a strict fashion using simply the language in the text of the Clean Water Act, while supplementing support from legislative and case law history. First in this Note, background information is provided regarding …

Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble

Seattle Journal for Social Justice

No abstract provided.

General Public License Version 2: The Risk Of Direct Patent Infringement, Chike Eze

Washington Journal of Law, Technology & Arts

The GNU General Public License Version 2 (“GPLv2”) is a popular license for open source software. Despite its importance, only a few GPLv2 cases have been litigated in the courts. In these litigated cases, the plaintiffs claimed breach of contract or copyright infringement against defendants. However, in XimpleWare v. Ameriprise, the plaintiff explored a novel patent-related avenue for open source software authors to attack vendors and customers of open source software. Specifically, XimpleWare alleged direct patent infringement against Versaware, a software vendor, and Ameriprise, Versaware’s customer, for distributing XimpleWare’s GPLv2-licensed software in violation of GPLv2’s copyleft provisions in section …

Can Siri 10.0 Buy Your Home? The Legal And Policy Based Implications Of Artificial Intelligent Robots Owning Real Property, David Marc Rothenberg

Washington Journal of Law, Technology & Arts

This Article addresses whether strong artificial intelligent robots (“AI”) should receive real property rights. More than a resource, real property promotes self-respect to natural persons such as human beings. Because of this distinction, this Article argues for limited real property rights for AIs. In developing this proposition, it examines three hypotheticals of a strong AI robot in various forms of real property ownership. The first hypothetical determines whether an AI could work as an agent in real property transactions. As robots currently act as agents in various capacities, the groundwork exists for an AI to enter this role. The second …

Sugar High, Andrew H. Fuller

Washington Journal of Law, Technology & Arts

Edible marijuana products in commercial marijuana markets, or “edibles,” pose a new challenge to our existing regulatory infrastructure. Marijuana has acquired increasing social and legal acceptance as a form of treatment for a variety of serious illnesses; as such, some states have been challenged to balance the availability and affordability of these treatments with the risk they pose in terms of consumer confusion. Edibles that take the shape of traditional retail candies offer the greatest risk of consumer confusion, especially to children. Consequently, this Article proposes that courts—or, alternately, legislators—should interpret and apply the Lanham Act in a way that …