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Articles 1 - 30 of 56
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Redefining Open Access For The Legal Information Market, James G. Milles
Redefining Open Access For The Legal Information Market, James G. Milles
James G. Milles
The open access movement in legal scholarship, inasmuch as it is driven within the law library community over concerns about the rising cost of legal information, fails to address - and in fact diverts resources from - the real problem facing law libraries today: the soaring costs of nonscholarly, commercially published, practitioner-oriented legal publications. The current system of legal scholarly publishing - in student-edited journals and without meaningful peer review - does not face the pressures to increase prices common in the science and health disciplines. One solution to this problem is for law schools to redirect some of their …
Vol. 9 No. 1, Fall 2017; Purpose, Prudence, And Path: Reevaluating The Primary Jurisdiction Doctrine In The Context Of Opioid Litigation, Abby Cunningham
Vol. 9 No. 1, Fall 2017; Purpose, Prudence, And Path: Reevaluating The Primary Jurisdiction Doctrine In The Context Of Opioid Litigation, Abby Cunningham
Northern Illinois Law Review Supplement
The primary jurisdiction doctrine is a judicially created discretionary tool which allows a court to halt proceedings in an action where a regulatory agency's interpretation of an issue within the matter is sin qua non to the full and final determination of the case. The doctrine first took shape in the early years of the 20th century and continues to be used today. The contours of the doctrine, however, have remained somewhat indistinct; its purposes of promoting uniformity, utilizing agency expertise, and promoting a proper working have not always been considered; and courts have failed to properly implement the doctrine. …
Vol. 9 No. 1, Fall 2017; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Vol. 9 No. 1, Fall 2017; 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.
Spec Kit 357 Libraries, Presses, And Publishing November 2017, Laurie N. Taylor, Brian W. Keith, Chelsea Dinsmore, Meredith Morris-Babb
Spec Kit 357 Libraries, Presses, And Publishing November 2017, Laurie N. Taylor, Brian W. Keith, Chelsea Dinsmore, Meredith Morris-Babb
Copyright, Fair Use, Scholarly Communication, etc.
Many Association of Research Libraries (ARL) members have robust and long-standing publishing activities, often in collaboration with or running parallel to the press of the larger institutional entity. As reported in the Association of American University Presses (AAUP) 2015–2016 annual report, 30 AAUP member presses are in libraries. Eighty-one institutions are both ARL and AAUP members, and at 21 of those institutions, the press reports to the library. Other libraries—including Amherst College Press and the University of Cincinnati Press—launched new presses within libraries. Most of the 123 ARL member libraries are engaged in publishing or publishing support activities such as …
Honey Bees & Neonicotinoids: Why Pollinators Need More Protections, Katherine Headley
Honey Bees & Neonicotinoids: Why Pollinators Need More Protections, Katherine Headley
Northern Illinois University Law Review
Honey bees are essential for the pollination of copious amounts of fruits, vegetables, and nuts. However due to several factors, including the use of highly toxic pesticides like neonicotinoids, honey bee populations are decreasing at an alarming rate. This Note explores the history of neonicotinoids and their connection to honey bee health before examining several municipal, state, and federal actions taken to curb honey bee loss. This Note proposes that there be a federal baseline for restricting the use of neonicotinoids throughout the United States while allowing individual states to create additional standards based upon specific types of agriculture within …
Safeguarding Judicial Integrity By Making The Executive Branch's Unfettered Amicus Gateway Transparent: An Argument For The Supreme Court To Exercise Its Inherent Authority To Make Public The President's Tax And Investment Records, Joshua Kastenberg
Northern Illinois University Law Review
When the executive branch submits an amicus brief to the federal appellate courts, and most importantly, to the Supreme Court, it has the strength of being considered under a standard of "the best interest of the United States." This enables a considerable advantage, but without the safeguards commensurate for ensuring that the standard is maintained. Other amicus actors must file a corporate interest statement of other type of disclosure that the Solicitor General is exempt from doing. The history of the Solicitor General should also provide skepticism that the federal courts are immune from being used for nefarious reasons. This …
Terry V. Ohio At 50: What It Created, What It Has Meant, Is It Under Attack And Is The Court Opening The Door To Police Misconduct?, Jeffrey D. Swartz
Terry V. Ohio At 50: What It Created, What It Has Meant, Is It Under Attack And Is The Court Opening The Door To Police Misconduct?, Jeffrey D. Swartz
Northern Illinois University Law Review
Fifty years ago, the United States Supreme Court issued their opinion in Terry v. Ohio. The underpinnings of this decision became the bedrock of Fourth Amendment jurisprudence. This article re-examines that decision, and its effect on the development of Fourth Amendment jurisprudence. What is the lasting effect, if any, of Utah v. Strieff and Heien v. North Carolina on Terry? Ultimately, this article is designed to bring the issues forward, and challenge the reader to examine what appears to be innocuous cases, the subtle attack on Terry's objective standards and the individual protections the case created, and whether, after fifty …
Vol. 38, No. 1, Fall 2017: Table Of Contents And Masthead, Northern Illinois University Law Review
Vol. 38, No. 1, Fall 2017: Table Of Contents And Masthead, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
From The Editor's Desk: A Tribute To Professor Reynolds, Andrew J. Mertzenich
From The Editor's Desk: A Tribute To Professor Reynolds, Andrew J. Mertzenich
Northern Illinois University Law Review
Professor Emeritus Reynolds was oft known as the "heart and soul" of our Law School. Indeed, the impression he left on thousands in this grateful community will remain strong for generations to come. Even now, long months after his passing, a fresh touch of gentle grief crosses the faces of those who encounter his name or spirit. Accordingly, to give permanent recognition to such an amazing teacher and mentor, we at the Northern Illinois University Law Review are honored to bring you Tributes to Professor Emeritus Daniel Reynolds. These Tributes come to us as far away as Bordeaux, France--showing us …
Understanding The Ethics Of Empowerment: An Elder Law Lawyer's Challenge Or Obligation?, Gregory T. Holtz
Understanding The Ethics Of Empowerment: An Elder Law Lawyer's Challenge Or Obligation?, Gregory T. Holtz
Northern Illinois University Law Review
This Article considers the concept of empowerment and the obligation lawyers have as they advise and counsel their clients, especially the elderly, in the use of estate planning documents which empower others to undertake responsibility on the client's behalf. The article proposes the lawyer achieve the "good result" for the client as a means of fulfilling that responsibility, applying it in the use of the durable power of attorney, advance directive, and psychiatric advance directive.
Wage Theft: Pilfering Paychecks, One Lunch At A Time, James Levault
Wage Theft: Pilfering Paychecks, One Lunch At A Time, James Levault
Northern Illinois University Law Review
The United States Department of Labor, Wage and Hour Division, is charged with enforcing the payment of minimum wage and overtime to employees. A common problem occurs when an employee performs work during their unpaid lunch. According to DOL regulations, an employee is entitled to payment for time worked whether they were requested to work or if the employer was completely unaware that work was being performed by the employee. Two tests are used to determine whether an employee should be paid for the work performed. The first test is the completely relieved of duty test and the second test …
The Legality Of Intervention For Protection Of National Abroad In Order To Solve Piracy And Hostage (A Study Of Law Concerning The Possible Use Of Armed Force To Release Hostages Detained By Abu Sayyaf Armed Group), Syofirman Syofyan
Indonesian Journal of International Law
Until now hijacking or taking crew as hostage including the people who have Indonesian nationality has been repeatedly done by a group of suspected Abu Sayyaf rebel group. The use of non-violent efforts as negotiations have been conducted. There were failure and it resulted in the execution of the hostages. But some of them were successful to release the hostages allegedly after approving the fulfillment of the demands of the hostage-takers i.e. paying the ransom. However this did not stop the subsequent hostage-taking incident. This is clearly an injury for the country of origin of the crew or people who …
Neighborhood Watch 2.0: Private Surveillance And The Internet Of Things, Daniel Healow
Neighborhood Watch 2.0: Private Surveillance And The Internet Of Things, Daniel Healow
Washington Journal of Law, Technology & Arts
The use of low-cost cameras and internet-connected sensors is sharply increasing among local law enforcement, businesses, and average Americans. While the motives behind adopting these devices may differ, this trend means more data about the events on Earth is rapidly being collected and aggregated each day. Current and future products, such as drones and self-driving cars, contain cameras and other embedded sensors used by private individuals in public settings. To function, these devices must passively collect information about other individuals who have not given the express consent that is commonly required when one is actively using an online service, such …
Why The Renewable Energy Credit Market Needs Standardization, Lisa Koperski
Why The Renewable Energy Credit Market Needs Standardization, Lisa Koperski
Washington Journal of Law, Technology & Arts
Renewable Energy Credits (RECs) are a relatively new financial instrument that help to stimulate the renewable energy market through capturing the premiums for environmental attributes associated with electricity, hopefully, encouraging investment in new renewable energy projects. However, lack of standardization in both the definition of RECs and the ways that RECs can be exchanged and administered has led to confusion on the parts of all concerned—the REC seller, the REC buyer, regulators, and the public at large—stymying investment in renewable energy projects and creating market inefficiency. Much like inconsistent accounting definitions or divergent requirements for providing investment guidance to consumers …
The Drone Wars: The Need For Federal Protection Of Individual Privacy, Toban Platt
The Drone Wars: The Need For Federal Protection Of Individual Privacy, Toban Platt
Washington Journal of Law, Technology & Arts
Drones—also known as unmanned aerial vehicles—are lightweight, easy to use, and relatively inexpensive aircraft with a wide variety of applications. Drone popularity has recently exploded, with an estimated two million recreational drones sold in 2016 and analysts predicting that sales will increase to 4.3 million units sold annually by 2020. With this increased popularity comes increased concerns about how they will be used and who will fly them. The Federal Aviation Administration (FAA) and state legislatures have created drone-specific legislation and rules governing drone use. However, these rules and regulations are more concerned with regulating drones with in relation to …
Law At The Speed Of Dial Up: The Need For A Clear Standard For Employee Use Of Employer-Provided Email Systems That Will Withstand Changing Technology, Jeffrey S. Bosley, Taylor Ball
Law At The Speed Of Dial Up: The Need For A Clear Standard For Employee Use Of Employer-Provided Email Systems That Will Withstand Changing Technology, Jeffrey S. Bosley, Taylor Ball
Washington Journal of Law, Technology & Arts
In 2007, the National Labor Relations Board adopted two clear rules concerning employee use of employer-provided email in Guard Publishing Co.: First, the Board held that employers were not required to allow employees to use employer-provided email to engage in protected activity pursuant to section 7 of the National Labor Relations Act; second, the Board held that if an employer allowed employees to use its email system for non-work purposes, it could still lawfully adopt and enforce nondiscriminatory rules that restricted otherwise protected activity. In 2014, the Board reversed this precedent in Purple Communications, Inc., and held that …
The 2.5% Commitment, David W. Lewis
The 2.5% Commitment, David W. Lewis
Copyright, Fair Use, Scholarly Communication, etc.
The commitment: Every academic library should commit to contribute 2.5% of its total budget to support the common infrastructure needed to create the open scholarly commons.
Nasig Core Competencies For Scholarly Communication Librarians, Andrew Wesolek, Wm. Joseph Thomas, Angela Dresselhaus, Julie Fielding, Char Simser, Sarah Sutton, Jason Boczar, Rachel Miles, Stephanie Spratt, Wendy Robertson, Betsy Appleton
Nasig Core Competencies For Scholarly Communication Librarians, Andrew Wesolek, Wm. Joseph Thomas, Angela Dresselhaus, Julie Fielding, Char Simser, Sarah Sutton, Jason Boczar, Rachel Miles, Stephanie Spratt, Wendy Robertson, Betsy Appleton
Copyright, Fair Use, Scholarly Communication, etc.
The following Core Competencies for Scholarly Communication Librarians were developed out of research and discussion conducted by the NASIG Scholarly Communication Core Competencies Task Force. Scholarly communication is defined by ACRL as “the system through which research and other scholarly writings are created, evaluated for quality, disseminated to the scholarly community, and preserved for future use. The system includes both formal means of communication, such as publication in peer-reviewed journals, and informal channels, such as electronic listservs (Association of College & Research Libraries, “Principles and Strategies for the Reform of Scholarly Communication 1,” 2003). The specific duties of the scholarly …
Understanding Variations In User Response To Social Media Campaigns: A Study Of Facebook Posts In The 2010 Us Elections, Michael A. Xenos, Timothy Macafee, Antoinette Pole
Understanding Variations In User Response To Social Media Campaigns: A Study Of Facebook Posts In The 2010 Us Elections, Michael A. Xenos, Timothy Macafee, Antoinette Pole
Department of Political Science and Law Faculty Scholarship and Creative Works
Political candidates increasingly have incorporated social media tools like Facebook into their campaigns. Such tools enable supporters to interact directly and easily with campaigns, creating an immediate and relatively informal way for users to respond to candidate messages and publicly display their support. Previous research has explored how campaigns have used social media, or how the use of social media may be related to political engagement. In this study, we provide a systematic analysis of variations in user response to candidate messaging through Facebook. Our results shed new light on the dynamics of online campaigning through social media and engagement …
Supply The Hand That Feeds: Narcotic Detection Dogs And The Fourth Amendment, Megan Yentes
Supply The Hand That Feeds: Narcotic Detection Dogs And The Fourth Amendment, Megan Yentes
Northern Illinois University Law Review
Police canines are highly valued by law enforcement agencies as they are capable of detecting the faintest scent of contraband. The Supreme Court has established that a canine sniff is not a "search" within the meaning of the Fourth Amendment, and as long as a canine has been formally trained by any "bona fide" organization, their positive alert provides law enforcement officials with the requisite probable cause to institute warrantless and invasive searches of automobiles. The Supreme Court's flawed approach was best summed up by Justice Souter when he stated, "The infallible dog, however, is a creature of legal fiction." …
Unmaking A Murderer: The Prosecutor's Duty To Remedy Wrongful Convictions, Richard Schmack
Unmaking A Murderer: The Prosecutor's Duty To Remedy Wrongful Convictions, Richard Schmack
Northern Illinois University Law Review
This Article will discuss the obligations and duties of a prosecutor in reviewing post-conviction claims of actual innocence in the context of the DeKalb County case of People v. Jack McCullough. In my role as State's Attorney, the chief prosecutor, I was required to formulate a response to the Defendant's claim of innocence. Ultimately, I reached the conclusion that he was innocent of the crime for which he had been convicted, and thereafter proactively participated in his exoneration. This Article will begin with a general discussion of the principles which apply to a prosecutor's assessment of claims of actual innocence, …
Vol. 37, No. 3, Summer 2017: Table Of Contents And Masthead, Northern Illinois University Law Review
Vol. 37, No. 3, Summer 2017: Table Of Contents And Masthead, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Persuading A State To Budge It: Benefits, Consequences, And Obstacles To State Budget Default Rules, Margaret Nunne
Persuading A State To Budge It: Benefits, Consequences, And Obstacles To State Budget Default Rules, Margaret Nunne
Northern Illinois University Law Review
The Illinois legislature's budget impasse has led to a series of measures cobbled together to keep the state operational and state employees paid. Late budgets, impasses, and failed budgets lead to government shutdowns. Government shutdowns mean government services can be put at risk, which, in turn, can harm the public. In considering the future, as politicians continue to or refuse to negotiate, default budget rules have been used to some success in other states by preventing a complete shutdown of the state in the face of an impasse. However, the use of the rule can cause different problems and may …
Wrongful Convictions And Their Causes: An Annotated Bibliography, Clanitra Stewart Nejdl
Wrongful Convictions And Their Causes: An Annotated Bibliography, Clanitra Stewart Nejdl
Northern Illinois University Law Review
This Annotated Bibliography directs attorneys to relevant, select legal periodical articles written from 2010 to 2016 on wrongful convictions and their causes. The authors focus on five major causes that lead to wrongful convictions, as evidenced by the literature. Part I of the Annotated Bibliography focuses on resources that discuss false confessions as a cause of wrongful convictions. Part II discusses resources that address the role of police and prosecutorial practices, including misconduct, in wrongful convictions. Part III provides articles on eyewitness and jailhouse informant issues related to wrongful convictions. Part IV contains articles that deal with how forensic evidence …
In Eyes, We Trust: The Changing Landscape Of Eyewitness Testimony, Manveen Singh
In Eyes, We Trust: The Changing Landscape Of Eyewitness Testimony, Manveen Singh
Northern Illinois University Law Review
Since the very advent of law enforcement, eyewitness testimony has played a pivotal role in identifying, arresting, and convicting suspects. Reliant heavily on the accuracy of human memory, nothing seems to carry more weight with the judiciary than the testimony of an actual witness. The acceptance of eyewitness testimony as a substantive piece of evidence lies embedded in the assumption that the human mind is adept at recording and storing events. Research though, has proven otherwise. Having carried out extensive study in the field of eyewitness testimony for the past 40 years, psychologists have concluded that human memory is fragile …
Are Reactors Like Casinos? A Culture Of Dependency In Japan, J. Mark Ramseyer
Are Reactors Like Casinos? A Culture Of Dependency In Japan, J. Mark Ramseyer
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Vol. 8 No. 2, Spring 2017; Injuries From Foul Balls, Broken Bats, And Railing Fall-Overs: Who Is Liable?, Jennifer Beebe
Vol. 8 No. 2, Spring 2017; Injuries From Foul Balls, Broken Bats, And Railing Fall-Overs: Who Is Liable?, Jennifer Beebe
Northern Illinois Law Review Supplement
Every Major League Baseball season ends with multiple injuries, if not casualties, resulting from flying baseball bats and baseballs entering the stands at unimaginable speeds, or eager spectators falling over the railings trying to catch a souvenir. The Illinois Baseball Facility Liability Act addresses who is liable when these unfortunate situations occur. However, the Act fails to give concrete safeguards that could be implemented in professional baseball stadiums to help alleviate some of the injuries that continue to occur. Additionally, the Act fails to give those unfortunate victims of these injuries or casualties a clear idea as to when they …
Vol. 8 No. 2, Spring 2017; The Predatory Hiring Standard For Section 2 Violations Of The Sherman Antitrust Act, Nicole Page
Vol. 8 No. 2, Spring 2017; The Predatory Hiring Standard For Section 2 Violations Of The Sherman Antitrust Act, Nicole Page
Northern Illinois Law Review Supplement
In antitrust claims of predatory hiring, plaintiffs allege that defendants have attempted to monopolize the market by eliminating their business or injuring their ability to compete by hiring away their employees. Universal Analytics, Inc., the principal case deciding this type of antitrust action, determined that unlawful predatory hiring may be established in two ways: (1) by showing the hiring was made with such predatory intent, or (2) by showing a “clear nonuse in fact.” After considering the criticism of the standards by legal scholars and examining key cases following Universal Analytics, Inc., this Note acknowledges the evolution of the application …
Suing Principals Alone For The Acts Of Agents, Jeffrey A. Parness, Alexander Yorko
Suing Principals Alone For The Acts Of Agents, Jeffrey A. Parness, Alexander Yorko
College of Law Faculty Publications
This past August the Illinois Appellate Court, in Yarbrough v. Northwestern Memorial Hosp., suggested there was never a need to join, or to continue to join, an agent when pursuing a vicarious liability lawsuit against its principal. Herein, we review this statement in Yarbrough. We then counsel lawyers and judges regarding future suits against principals based on the acts of agents. When it reviews the apparent agent issue in Yarbrough, perhaps the Supreme Court will clarify when the joinder of principals and agents may be required.
Vol. 8, No. 2, Spring 2017; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Vol. 8, No. 2, Spring 2017; 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.