Digital Commons Network^™

Moving Forward From The Scoop Era: Providing Active Efforts Under The Indian Child Welfare Act In Illinois, Cassandra Crandall

Northern Illinois University Law Review

This Comment argues that Illinois should adopt the view that active efforts are a higher standard than reasonable efforts and implement procedures encouraging state agencies and courts to implement these requirements. Following the Supreme Court's rationale in Mississippi Choctaw Band of Indians v. Holyfield, one of the only Supreme Court cases addressing the ICWA, this Comment argues that a uniform definition and application of "active efforts" should exist in every jurisdiction. Furthermore, this Comment emphasizes that "active efforts" require more than "reasonable efforts," and that these standards are different. Part I of this Comment reviews the history of the ICWA. …

Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Vol. 11, No. 1, Fall 2019, Northern Illinois University Law Review

Northern Illinois Law Review Supplement

No abstract provided.

Bridging The Gap Between Immigration Detainment And Parental Rights: A Constitutional Consideration Of Migrant Children Separation, Kelsey Burge

Northern Illinois Law Review Supplement

Federal immigration law does not completely comport with state family law because some federal legislation, such as the Adoption and Safe Families Act (ASFA), requires states to initiate parental custody proceedings due to children being separated from their parents for a statutorily defined period, even when parents are detained in immigration centers with very uncertain timelines. Parental custody proceedings involve factors that each state has authority to enact evaluating parental fitness; however, the factors may be implicitly or explicitly biased toward migrant parents, resulting in migrant parental custody being terminated unfairly. While Trump's zero-tolerance policy enacted in 2018 sparked outrage …

Kennedy V. Bremerton School District: A Fumble The Supreme Court Needs To Recover, Emily C. Neely

Northern Illinois Law Review Supplement

Many people support one or the other: freedom of religion or freedom from religion. Current Supreme Court case law favors the protection of students' rights under the Establishment Clause. However, First Amendment free speech rights for public officials do not enjoy the same protection. Previous notes seek to affirm the constitutionality of restricting the speech of public officials in deference to the Establishment Clause. This Note differs from those, however, by acknowledging the prominent role that the Establishment Clause plays in protecting student rights, but also advocating for greater First Amendment protection for public officials.

Civil Penalties Against Public Companies In Sec Enforcement Actions: An Empirical Analysis, David Rosenfeld

College of Law Faculty Publications

Civil penalties have become an increasingly important part of the Securities and Exchange Commission’s (SEC) enforcement program. The SEC now routinely obtains large civil penalties in enforcement actions, regularly trumpets those penalties in press releases, and highlights the penalty amounts in its end-of-the-year statistics. Civil penalties are defended on the ground they are necessary to make unlawful conduct costly and painful, and thereby deter misconduct and promote adherence to lawful and ethical standards of behavior. But with respect to one category of cases, civil penalties have always been controversial: when civil penalties are assessed against public companies, the cost of …

Extending Batson To Peremptory Challenges Of Jurors Based On Sexual Orientation And Gender Identity, Mark E. Wojcik

Northern Illinois University Law Review

This Article argues that it is now time to extend Batson to all federal and state trial courts and expressly prohibit the exclusion of jurors based on their actual or perceived sexual orientation or gender identity. The lack of protection for jurors based on their actual or perceived sexual orientation or gender identity fosters discrimination in the law, violates the rights of lesbian, gay, bisexual, and transgender (LGBT) persons who may be excluded from serving on juries, violates the rights of LGBT persons whose criminal or civil cases are heard in court, and undermines public confidence in judicial proceedings that …

Vol. 40, No. 1, Fall 2019: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.

Seeking Equality In Wages For Employees With Intellectual And Developmental Disabilities, Kate Mcilvanie

Northern Illinois University Law Review

This Comment discusses the little-known exception to the minimum wage within the Fair Labor Standards Act that allows individuals with intellectual and developmental disabilities to be paid at a rate below the federal minimum wage rate. Starting with background information regarding the progression of labor laws, this Comment addresses the current paradigm of the "sheltered workshop" and the current protections for persons with intellectual and developmental disabilities in the workforce. It will provide specific examples of exploitation that has occurred as a result of this practice, as well as an overview of opposing arguments in the controversy surrounding the sub-minimum …

Of Dangers, Conditions, Children, And Maturity: A Plea For A Comprehensible Standard In Long-Standing Rules, Maureen Straub Kordesh

Northern Illinois University Law Review

This Article explores the common law doctrine of attractive nuisance in Illinois and proposes a more detailed explication of the rule. The doctrine lies in the junction between tort and contract, which might account for the incompleteness of its presentation. It argues that because law students are a significant audience for case law, the language of such rules should be as detailed and clear as possible.

Accelerating Scholarly Communication: The Transformative Role Of Preprints, Andrea Chiarelli, Rob Johnson, Emma Richens, Stephen Pinfield

Copyright, Fair Use, Scholarly Communication, etc.

Five take-away messages:

Early and fast dissemination, increased opportunities for feedback and openness are seen as the main benefits of preprints.

The main concerns over preprints are the lack of quality assurance, media potentially reporting inaccurate research and journals rejecting articles if a preprint has been posted.

Twitter has been playing a key enabling role in the current second wave of preprints and preprint servers. It also appears to be the main way researchers are exposed to preprints in the first place.

It is not clear who will be responsible for posting preprints in the long-term – researchers or publishers? …

Establishing An “Injury-In-Fact” Through Valuations Of Ecosystem Services: Putting It In Terms Federal Courts Understand, Allie Jo Mitchell

Minnesota Journal of Law, Science & Technology

No abstract provided.

Gig-Dependence: Finding The Real Independent Contractors Of Platform Work, Keith Cunningham-Parmeter

Northern Illinois University Law Review

Platforms such as Uber and TaskRabbit avoid employment obligations by categorizing their workers as “independent contractors.” Declining to follow overtime, antidiscrimination, and other workplace mandates, these platforms claim to employ no one. Applied on a grand scale, the entire project of platform labor threatens to destabilize our contemporary understanding of employment law. But not all platform workers possess the characteristics of genuine independent contractors, as courts first envisioned that category. Judges did not originally formulate the independent contractor distinction to define the boundaries of workplace protections; rather, the independent contractor classification was designed to limit the liability of masters for …

Implications Of Adopting Blockchain Technology On International Sales Transactions, Gregory Benson Jr.

Northern Illinois University Law Review

While technologies evolve, international laws with ancient roots must be updated, in order to better suit the needs of a modern world. One new technology, which has sent shockwaves into international and domestic law, is blockchain and its applicability to many facets of domestic and international business. This Comment analyzes how the letters of credit and international sales transactions would be impacted if the Uniform Customs and Practices published by the International Chamber of Commerce were to adopt blockchain technology. More specifically, the Comment analyzes how smart contracts would instill the same amount of trust on both sides of a …

Legislative And Regulatory Obligations On Corporate Attorneys: Production Data In The World Of Sarbanes Oxley And General Data Protections, David Tersteeg

Northern Illinois University Law Review

Sarbanes Oxley, General Data Protection Regulation, and the American Bar Association's Model Rules place significant professional and personal obligations on attorneys who represent organizations in regard to their organization's handling of production and personal data. There are significant areas of vulnerability to the production and personal data that are frequently overlooked or ignored which significantly increase the likelihood and damage from a data breach. This article will provide an overview of the obligations, recent data breaches, the foreseeability and material impacts of data breaches, and a methodology to drive improvement in an organization.

The Gig Economy: An Annotated Bibliography, Matthew L. Timko

Northern Illinois University Law Review

Companies like Uber, Lyft, Postmates, Airbnb, and others have become established within society, to the point that Uber has become a regularly used verb. While the consumer benefits of these companies has been immediate, the legal implications remain far murkier. This emerging market has demonstrated that the twentieth century laws are unable to cope with these twenty-first century businesses in regard to employee rights, employer responsibilities, consumer protections, and federal and state regulations. This bibliography presents the primary and secondary sources which are essential to understanding what has been termed the "gig economy" so that readers have a background of …

Vol. 39, No. 3, Summer 2019: Table Of Contents And Masthead, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.

Tangled Up In Blue: Adapting Securities Laws To Initial Coin Offerings, Ethan D. Trotz

Northern Illinois University Law Review

Issuers of blockchain-based projects have increasingly turned to Initial Coin Offerings to raise capital. Many of these offerings have similar characteristics to securities offerings, yet are often not registered or exempt from securities laws. Initial Coin Offerings present numerous risks to investors, including fraud, inadequate disclosures, and a lack of remedies. The Securities & Exchange Commission must step in to protect investors and limit losses. One way to do so is through regulation. The Securities & Exchange Commission should use existing regulations for Initial Public Offerings and securities offerings as a guideline. However, blockchain-based offerings present unique issues never before …

The Variation In The Use Of Sub-Regional Integration Courts Between Business And Human Rights Actors: The Case Of The East African Court Of Justice, James T. Gathii

James T Gathii

No abstract provided.

Fostering Adaptive Marine Aquaculture Through Procedural Innovation In Marine Spatial Planning, Robin Kundis Craig

Utah Law Faculty Scholarship

Worldwide, as wild-caught commercial fisheries plateau and human demands for protein increase, marine aquaculture is expanding. Much marine aquaculture is inherently adaptable to changing climatic and chemical conditions. Nevertheless, siting of marine aquaculture operations is subject to competing environmental, economic, and social demands upon and priorities for ocean space, while some forms of marine aquaculture can impose other externalities on marine systems, such as pollution from wastes (nutrients) and antibiotics, consumption of wild fish as food, and introduction of non-native or genetically modified species. As a result, governmental policy decisions to promote both marine aquaculture that can adapt to a …

Always Already Computational: Collections As Data: Final Report, Thomas Padilla, Laurie Allen, Hannah Frost, Sarah Potvin, Elizabeth Russey Roke, Stewart Varner

Copyright, Fair Use, Scholarly Communication, etc.

Scope Note

From 2016‑2018 Always Already Computational: Collections as Data documented, iterated on, and shared current and potential approaches to developing cultural heritage collections that support computationally‑driven research and teaching. With funding from the Institute of Museum and Library Services, Always Already Computational held two national forums, organized multiple workshops, shared project outcomes in disciplinary and professional conferences, and generated nearly a dozen deliverables meant to guide institutions as they consider development of collections as data.

This report documents the activities and impacts of the Always Already Computational project, delineates findings, and identifies areas for further inquiry.

Data Communities: A New Model For Supporting Stem Data Sharing [Issue Brief], Danielle Cooper, Rebecca Springer

Copyright, Fair Use, Scholarly Communication, etc.

Excerpt (page 5):

The Data Community

This issue brief focuses on understanding what makes scholars willing to share their data – and on applying that understanding strategically in order to improve and increase sharing going forward. We recognize that this is only one aspect of the work that is needed in this area. Numerous professional organizations (CODATA, DCC, FORCE11, GO FAIR, RDA, and RDAP, to name just a few), in addition to a panoply of smaller projects and working groups, are making significant strides in defining standards and best practices in important technical areas such as metadata creation, discoverability, machine …

Method Matters: Statutory Construction Principles And The Illinois Trade Secrets Act Preemption Puzzle In The Northern District Of Illinois, William Lynch Schaller

Northern Illinois University Law Review

Appellate methodology makes a difference when it comes to the interplay between statutes and judge-made law. The Illinois Trade Secrets Act (ITSA) through its preemption provisions abolishes some non-statutory claims and preserves others, but the line between the two remains a mystery--a mystery of extraordinary importance to those with information not rising to the level of trade secrets. Illinois state and federal appellate decisions have not improved matters: for over 30 years these appeals courts have failed to follow standard statutory construction rules and have yet to articulate a rationale justifying their opinions for or against preemption. This flawed methodology …

Title Ix After 45 Years: Overlooked Disparities In The National Junior College Athletic Association And California Community College Athletic Association, Brittany A. Miller

Northern Illinois Law Review Supplement

Junior colleges, unlike colleges in the National Collegiate Athletic Association, have been neglected in the Title IX discussion on disparities in female athletics. Newly compiled data in this article reveals that women who participate in athletics in the National Junior College Association and the California Community College Athletic Association receive fewer athletic opportunities, less athletic expenses, and less athletically-related student aid than males do. Despite these glaring disparities, junior colleges have been absent from the Title IX discussion. However, this article sheds light on such disparities in hopes to compel change for female athletics at the junior college level. Further, …

Help Me, Help You: What You Should Know Before You Ask For Help, Meredith A.G. Stange

College of Law Faculty Publications

I got an email the other day from a student who was having some difficulty writing his arguments. The student wrote that he kept rewriting his arguments in response to my comments but that he still had not been able to get them written satisfactorily. I could tell the student was frustrated and I could also tell that, for the moment, at least, I was the target of that frustration. Essentially, the student was telling me that he had changed things in accordance with my comments, but I still was not happy. Having been teaching for fifteen years, the frustration …

Mooove Over Cow's Milk: Why The Fda Should Amend Their Guidelines To Include For Plant-Based Alternatives, Lauren Harris

Northern Illinois University Law Review

Along with the rise in plant-based alternatives to conventional animal-based foods has been a concern over the use of terms established by the FDA that are specific to animal-based products. Can companies use terms such as "milk" when the product does not come from an animal or "mayo" when the product does not contain eggs? What if a company uses these terms in violation of the FDA's established guidelines and the FDA chooses not to take action? This article explores the history of the FDA, the rise of plant-based alternatives to conventional animal-based foods, consequent litigation and proposed legislation over …

Vol. 39, No. 2, Spring 2019: Table Of Contents And Masthead, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.

Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Vol. 10, No. 2, Spring 2019., Northern Illinois University Law Review Online Supplement

Northern Illinois Law Review Supplement

No abstract provided.

Remembering Stacia Hollinshed, James Levault

Northern Illinois University Law Review

No abstract provided.

A Step Toward Normalizing End-Of-Life Care: Implications Of The Palliative Care And Hospice Education And Training Act (Pcheta), Robert Bulanda

Northern Illinois University Law Review

Despite their rapid development in recent decades, hospice and palliative care continue to face challenges to universal acceptance and access throughout American society, as the American population and medical professions are reluctant to move away from traditional preventative care throughout the death and dying process. The Palliative Care and Hospice Education and Training Act (PCHETA) is a federal bill seeking to increase access to palliative and hospice care. This Note analyzes the history of the palliative and hospice care movement and the implications of the PCHETA, arguing that the bill acts as an important step toward normalizing hospice and palliative …

Police And Community Relations: Will "To Serve And Protect" Be Words The Public Can Ever Trust?, James Volpe

Northern Illinois University Law Review

In today's society police officers are constantly being criticized as having too much power over the citizens they are sworn to "serve and protect". Unlike before current technological advances, citizens can now see when a police officer uses force. In-squad video cameras, smart phones and police body cameras make it possible for violent encounters with police to be recorded and conveyed to millions of viewers within seconds. And the viewers don't like what they see! Even if the officer's force is well-grounded in the Constitution, there may still be serious negative community reaction to the way the officer handled the …