Digital Commons Network^™

Resistance Strategies In The Immigrant Justice Movement, Mariela Olivares

Northern Illinois University Law Review

Topics of immigration reform have created deep polarization. To some degree, these political and societal divisions regarding immigrants' place and ability to remain in the United States drove the Republican successes in the 2016 elections and carried Donald Trump to the White House. When political conservatives called for decreased migration and increased deportations of immigrants already in the United States, progressive politicians and advocates for immigrants did not present a unified and thoughtful response. I discuss this failed narrative strategy in an earlier publication, in which I decry this historic and contemporary lack of cohesive strategy. I end Narrative Reform …

What Will It Take? Examining The Use Of Preliminary Hearing Testimony Where Victims Are Unavailable Due To Mental Illness Stemming From Domestic Violence And Sexual Assault, Kristin Grossman

Northern Illinois University Law Review

A particular problem exists that domestic violence and sexual assault victims face when bringing their abusers to court. This is whether the use of preliminary hearing testimony can be utilized where a victim is unavailable to testify at trial due to mental illness, namely Post-traumatic Stress Disorder. This article examines the manner in which various states have combatted the issue of unavailability due to mental health and what role that unavailability has in a domestic violence or sexual assault case. By closely looking at the case State v. Anderson, 402 P.3d 1063 (Idaho 2017), this article seeks to justify the …

Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Vol. 10, No. 1, Fall 2018., Northern Illinois University Law Review Online Supplement

Northern Illinois Law Review Supplement

No abstract provided.

Library Publishing Directory 2019, Library Publishing Coalition, Melanie Schlosser, Alexandra Hoff, Jessica Kirschner, Janet Swatscheno, Robert Browder, Tom Bielavitz

Copyright, Fair Use, Scholarly Communication, etc.

Contents: Introduction vii * Library Publishing Coalition Committees xi *

LIBRARIES IN THE UNITED STATES AND CANADA * Abilene Christian University * American Theological Library Association * Asbury Theological Seminary * Ball State University * Bates College * Boston College * Brigham Young University * Butler University * California State University, Northridge * Claremont Colleges Library * Colby College * Columbia University * Dartmouth College * Embry-Riddle Aeronautical University * Florida Atlantic University * Florida International University * Florida State University * George Mason University * Georgetown University * Georgia Gwinnett College * Grand Valley State University * Gustavus Adolphus …

The Impact Of Insider Trading On The Market Price Of Securities: Some Evidence From Recent Cases Of Unlawful Trading, David Rosenfeld

College of Law Faculty Publications

The government's recent crackdown on insider trading has revived an old debate about the wisdom of insider trading prohibitions. Opponents of insider trading laws often argue that insider trading contributes to market efficiency because it brings information to the market which gets incorporated into the price of the security, leading to more accurate pricing in a more timely fashion. Although this argument is intuitively appealing and has some empirical support, a look at some recent cases of known insider trading reveals situations where the market fails to detect the presence of informed traders, and even instances where the stock price …

The Stringent Takings Test For Impact Fees In Illinois: Its Origins And Implications For Home Rule Units And Legislation, Lisa Harms Hartzler

Northern Illinois University Law Review

Many Illinois municipalities impose exactions, or impact fees, on new housing developments. Appropriate impact fees offset the anticipated financial burdens on government created by a resulting increase in population, such as a need to build wider roads or add schools. The validity of these fees, however, is subject to a unique and especially stringent standard under the Illinois Constitution's Takings Clause. Unlike the U.S. Supreme Court's interpretation of the federal constitution and most other state court interpretations of their respective constitutions, an impact fee in Illinois must be "uniquely and specifically attributable" to the burdens it creates for a local …

Lost In Translation: Persons With Limited English Proficiency And Police Interaction In The United States, Anastasia Coppersmith

Northern Illinois Law Review Supplement

This article explores United States jurisprudence of the constitutionality of language rights as it correlates to communications between law enforcement officials and non-English speaking persons in emergency situations. The judicial and legislative bodies provide protections to limited English speaking minorities in the realms of education, healthcare, and when navigating through the United States court system. However, these protections are not extended to include interactions between language-minority citizens and initial police interactions during emergency situations.

Can State Constitutional Development Make A Difference In Illinois?, John Christopher Anderson

Northern Illinois University Law Review

For over a decade, Illinois has faced perilous financial and political crises. Many commentators believe that state constitutional development in the context of pensions, term limits, and legislative redistricting are a necessary key to placing Illinois on a path toward prosperity. This article considers whether state constitutional reform (by way of judicial interpretation or amendment) in these areas is possible and whether it would likely bring about the change some observers seek.

The Constitutional Guarantee Of Freedom To Surcharge: Brandishing The First Amendment To Strike Down Surcharge Bans, Michael R. Biggott

Northern Illinois University Law Review

In what might be described as a modern-day David and Goliath, merchants in the United States find themselves pitted against both credit card companies and state legislatures in a battle over the ability to impose surcharges on purchases made with credit cards. Rather than a sling and a few smooth stones like the noble David in the biblical account of one of the most famous underdog stories ever told, merchants are wielding something far more powerful: the First Amendment to the United States Constitution.

Vol. 39, No. 1, Fall 2018: Table Of Contents And Masthead, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.

Smart Instrument Mixes To Promote Green Building, Yayun Shen, Michael Faure

Duke Environmental Law & Policy Forum

A smart mix of legal instruments is not new, but green building (GB) compliance is. As a way to environmental compliance in general, the mixing of instruments may also work to overcome the challenges facing GB compliance. The mix can be justified by the failings of government regulation, liability, and self-regulation. Therefore in theory, a smart mix of instruments makes sense, since each of the above instruments may be subject to imperfect information, private interests, the inaccuracy of measurement, and/or ineffectiveness. In practice, instrument mixes have been around in the U.S. GB laws. The theory and the U.S. case law …

Blame It On The Machine: A Socio-Legal Analysis Of Liability In An Ai World, Michael Callier, Harly Callier

Washington Journal of Law, Technology & Arts

As technology continues to evolve, interactions between humans and artificial intelligence (“AI”) will skyrocket. It is important to understand the impact AI can have on society, as well as the potential harm and subsequent liability that could result, and to develop best practices designed to address them. The U.S. needs a comprehensive framework to govern the design, creation, use and risks associated with AI. At the time of this writing, no such framework has been implemented. This article takes a socio-legal, interdisciplinary approach to explore ideas on socio-ethical concerns and theories of liability related to AI, and applies a sociological …

Remarks On The Problem Of Scope In Ip, Mark P. Mckenna

Washington Journal of Law, Technology & Arts

As I contemplated the focus of this conference, issues about the nature of the rights that are the subject of a deal stood out to me. A good deal of my recent work has focused on challenges in determining the scope of IP rights. And since those rights are the inputs to various kinds of transactions—or, perhaps even more importantly, ability to assess the scope of a right affects whether a transaction is needed—I’m going to focus here on the relationship between the scope of IP rights and potential IP transactions. [These remarks were given as the keynote talk at …

Everyone Wants To See The Entire History Of You, Caesar Kalinowski Iv

Washington Journal of Law, Technology & Arts

Starting with heavy, immobile cameras and progressing to immediately shareable, discreet cellphone videos, the last century has expanded our ability to record ourselves and others—whenever and wherever—to formerly unfathomable heights. Black Mirror, a technology-based, sci-fi miniseries now produced by digital entertainment giant, Netflix, tracks this trajectory to its logical end in “The Entire History of You.” In this not-so-distant, sci-fi future where Google Glass is replaced by an “Augmented Reality Contact Lens and Grain,” everything we see and hear is immediately recorded and uploaded. Effectively, we no longer need memories to recall the past. But as with all new technologies, …

Open Access At Mit And Beyond: A White Paper Of The Mit Ad Hoc Task Force On Open Access To Mit’S Research, Katharine Dunn, Hal Abelson, Chris Bourg, Ellen Finnie

Copyright, Fair Use, Scholarly Communication, etc.

MIT researchers, students, and staff have long valued and put into action MIT’s mission to generate and disseminate knowledge by openly and freely sharing research and educational materials. Indeed, the Institute has been at the forefront of the sharing culture: MIT launched OpenCourseWare (OCW), a free webbased publication of virtually all MIT course content in 2001; in 2002 released DSpace, an open-source platform for managing research materials and publications co-created by MIT Libraries staff; and adopted the first campus-wide faculty open access (OA) policy in the US in 2009.

Convening an open access task force was one of the 10 …

Division In The Illinois Appellate Court: What Is The Appropriate Standard Of Review For Alleged Prosecutorial Misconduct During Closing Argument?, Ryan T. Harding

Northern Illinois University Law Review

The Illinois Appellate Court is divided on whether to apply de novo review or an abuse of discretion standard when evaluating alleged prosecutorial misconduct during closing argument. This article concludes that de novo review is the proper standard of review under current Illinois law. However, as a matter of policy, this article recommends that (1) abuse of discretion review should normally apply to the trial court's determination that a defendant was not substantially prejudiced by the State's closing argument; (2) de novo review should apply when the trial court's determination that a defendant was not substantially prejudiced turned on a …

Vol. 38, No. 3, Summer 2018: Table Of Contents And Masthead, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.

Beyond Dr. Frankenstein’S Monster: Human Germline Editing And The Implications Of Waiting To Regulate, Rebecca Rodriguez

Northern Illinois University Law Review

From the birth of bioethics in the United States to the hindrance of advancement caused by laws that claim to remove barriers to innovation, CRISPR and its germline editing abilities simply cannot live up to their full potential in the United States unless current limitations are lifted and a more reasonable approach is taken. While scientific acronyms and analogies to scissors and word processing functions abound in CRISPR-related articles, many focus on the patent for the technology itself. Few seek to resolve the discord that abounds in federal regulations of this emerging biotechnology. This Comment seeks to do just that …

Race, Poverty, And Bail: An Annotated Bibliography, Clanitra Stewart Nejdl

Northern Illinois University Law Review

On June 9, 2017, Illinois's Bail Reform Act of 2017 was signed into law by Governor Bruce Rauner. Among other important provisions, the Act creates a presumption that non-monetary release conditions will be granted for defendants, requires that a defendant be provided an attorney for bail determination hearings, provides a bail credit for certain offenses, and authorizes the Illinois Supreme Court to create a non-discriminatory statewide risk assessment tool that could be used to make bail determinations. Despite the crucial improvements to Illinois's bail system achieved through the Act, some advocates argue that further reforms are still needed to protect …

Support Of Familial Dna Testing In Illinois Criminal Investigation, Alexandra Aherne

Northern Illinois University Law Review

Currently, the use of familial DNA searches in the United States ranges from outlawed to unregulated. Without clear and meaningful legislation for utilizing this powerful law enforcement tool, states risk missing the opportunity to generate positive leads in investigations, or infringing on the rights of their citizens. In Illinois, through the implementation of a thoughtful policy, familial DNA testing should be approved for use in certain prescribed situations. This paper details the scientific background of DNA testing, the usefulness in investigations, and the implication of violating privacy rights. This paper concludes with a proposal for an Illinois rule that outlines …

The Illinois Bail Reform Act Of 2017: Roadmap To Reform, Or Reform In Name Only?, Devin Taseff

Northern Illinois University Law Review

Of the approximately 443,000 individuals currently incarcerated in county jails who have yet to be convicted of any of their charges, seventy percent are indigent and cannot afford the bail amount set by the judge at their initial bond hearing. Of these 443,000 individuals, 303,000 are awaiting trial for traditionally non-violent offenses. The Illinois General Assembly recently addressed this crisis by enacting the Illinois Bail Reform Act of 2017 with the goal of ensuring that pretrial incarceration is reserved not for the poor, but rather, for the minority of pretrial defendants who are a flight risk or a danger to …

Digitalcommons Users Discuss The Bepress Acquisition, Paul Royster, Roger Weaver, Marilyn Billings, Phillip Fitzsimmons, Terri Fishel

Copyright, Fair Use, Scholarly Communication, etc.

Since the acquisition of the Berkeley Electronic Press (bepress) by Elsevier last summer, there has been much discussion online, in listserves, and elsewhere about what that development means for the future of open access and scholarly communications. The people most directly affected are the users of the bepress DigitalCommons repository hosting service. Some have recoiled in horror at the new ownership situation, others are waiting to see what happens next. This is a panel discussion by current users concerning what they see in the road ahead, including what they regard as essential services, possible options, functionality requirements, and necessary safeguards.

Vol. 9 No. 2, Spring 2018; 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. 9 No. 2, Spring 2018; Law Is A Battlefield: Why Musicians And Politicians Both Lose With Blanket Licensing, Laura E. Schrauth

Northern Illinois Law Review Supplement

When musicians allege that politicians they dislike have used their music without authorization, those allegations make the news, but rarely, if ever, do those news sources mention when the politicians have purchased licenses for that music. Unsurprisingly, copyright law is never a topic of media mention. Licensing is a straightforward, nondiscriminatory procedure that allows anyone who pays the necessary fee the right to exercise the license. When it comes to political uses, however, copyright law loses in a landslide to public opinion, which dictates how vocal opponents think licenses should work without acknowledging how licenses do work. Academia can count …

The Governance Framework Of Open Access Repositories In Greece, Nikos Koutras

Seattle Journal for Social Justice

No abstract provided.

How Machines Learn: Where Do Companies Get Data For Machine Learning And What Licenses Do They Need?, Rachel Wilka, Rachel Landy, Scott A. Mckinney

Washington Journal of Law, Technology & Arts

Machine learning services ingest customer data in order to provide refined, customized services. Machine learning algorithms are increasingly prominent in multiple sectors within the software-as-a-service industry including online advertising, health diagnostics, and travel. However, very little has been written on the rights a company utilizing machine learning needs to obtain in order to use customer data to improve its own products or services. Machine learning encompasses multiple types of data use and analysis, including (a) supervised machine learning algorithms, which take specific data provided in a tagged and classified format to deliver specific predictable output; and (b) unsupervised machine learning …

Standards In Command Responsibility Prosecutions: How Strict, And Why?, Michael J. Sherman

Northern Illinois University Law Review

The attached article looks at the concept of command responsibility “ the idea that a commander may be held liable for crimes committed by his or her soldiers, even if the commander did not order these crimes to be committed, and may not have been aware of the criminal activity at all. It examines command responsibility prosecutions attached to a number of different conflicts: World War II, the Yugoslavian and Rwandan genocides, and the Sierra Leonean civil war. It also discusses proposed standards for command responsibility prosecutions set out by the African Union and the UN (both in the International …

Robots Welcome? Ethical And Legal Considerations For Web Crawling And Scraping, Zachary Gold, Mark Latonero

Washington Journal of Law, Technology & Arts

Web crawlers are widely used software programs designed to automatically search the online universe to find and collect information. The data that crawlers provide help make sense of the vast and often chaotic nature of the Web. Crawlers find websites and content that power search engines and online marketplaces. As people and organizations put an ever-increasing amount of information online, tech companies and researchers deploy more advanced algorithms that feed on that data. Even governments and law enforcement now use crawlers to carry out their missions. Despite the ubiquity of crawlers, their use is ambiguously regulated largely by online social …

U.S. Higher Education Financing Has Significantly Changed, So Too Should Seventh Circuit Student Loan Discharge Law, William L. Ryan

Northern Illinois University Law Review

Every year in the U.S., millions of students use public and private student loans to finance a portion of their post-secondary education. Inevitably, many student borrowers find themselves in the financial doldrums in the years subsequent to the initial loan disbursement. From this precarious position of defaulted debtor, many seek a fresh start by way of a personal debt discharge in Bankruptcy Court. Prior to 1978, student loan debt was discharged in routine bankruptcy proceedings. In 1978, Congress inserted provision 11 U.S.C. 523(a)(8) into the Bankruptcy Code. Section 523(a)(8) is better known as the "undue hardship" provision. The undue hardship …

Fair Use, Fair Play: Video Game Performances And "Let's Plays" As Transformative Use, Dan Hagen

Washington Journal of Law, Technology & Arts

With the advent of social video upload sites like YouTube, what constitutes fair use has become a hotly debated and often litigated subject. Major content rights holders in the movie and music industry assert ownership rights of content on video upload platforms, and the application of the fair use doctrine to such content is largely unclear. Amid these disputes over what constitutes fair use, new genres of digital content have arrived in the form of “Let’s Play” videos and other related media. In particular, “Let’s Plays”—videos in which prominent gamers play video games for the entertainment of others—are big business …