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Application Of The Remedial Purpose Canon To Cercla Successor Liability Issues After United States V. Bestfoods: Why State Corporate Law Should Be Applied In Circuits Encompassing Substantial Continuity Exception States, Lea J. Heffernan
Northern Illinois University Law Review
Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in 1980 to address the growing problem of improper hazardous waste disposal. Due to the rushed enactment of CERCLA, however, Congress failed to fully and explicitly identify the standards that courts should invoke to determine issues of liability. Despite this ambiguity, the United States' federal courts have unanimously determined that successor corporations should be held liable under CERCLA; however, the level of liability that courts should impose on those successor corporations is still under debate. Several United States federal courts remain split with regard to whether state corporate law …
Vol. 1 No. 2, Spring 2010; Iraq Veterans' War With The U.S. Department Of Veterans Affairs: Post Traumatic Stress Disorder Claims Under A Procedural Due Process Analysis, Purvi Shah
Northern Illinois Law Review Supplement
This Comment explores the Department of Veterans Affairs and its current disability compensation and medical care systems for soldiers who have returned from the War on Terror with mental health disabilities, such as post traumatic stress disorder. More specifically, this Comment analyzes two assertions made by veterans groups — Veterans United for Truth and Veterans for Common Sense — against the VA: (1) there is a lack of neutral decision-makers for veterans who would like to appeal their compensation amount , and (2) there is a lack of an additional procedure allowing a veteran with a mental health emergency to …
Vol. 1 No. 2, Spring 2010; Illinois Does Not Care About Caregivers As Evidenced By The Ineffective And Exclusionary Custodial Claims Statute Of The Probate Act, Mariam L. Hafezi Qualman
Vol. 1 No. 2, Spring 2010; Illinois Does Not Care About Caregivers As Evidenced By The Ineffective And Exclusionary Custodial Claims Statute Of The Probate Act, Mariam L. Hafezi Qualman
Northern Illinois Law Review Supplement
Family members taking on the responsibility of caring for sick or disabled relatives is on the rise, and it is only trending upward in the future due to a multitude of factors. Illinois appeared to be on the edge of this trend by enacting the Statutory Custodial Claims statute for the Illinois Probate Act, which allows compensation for caregiving spouses, parents, siblings, and children; however, the language of this statute is ineffective in solving the problem it purports to set out to fix by creating very cumbersome, and rather unfounded, dedication and live-in requirements that are rarely met by the …
Contributory Or Comparative: Which Is The Optimal Negligence Rule?, Christopher J. Robinette, Paul G. Sherland
Contributory Or Comparative: Which Is The Optimal Negligence Rule?, Christopher J. Robinette, Paul G. Sherland
Northern Illinois University Law Review
In this article, the authors examine whether contributory or some form of comparative negligence is the superior rule based on the goals of tort law. The authors conclude pure comparative negligence is the preferable rule. From a compensation perspective, pure comparative negligence compensates the most tort victims. From a corrective justice perspective, pure comparative negligence, unlike the other rules, requires tortfeasors to correct their wrongs in all cases. Finally, the authors use statistical analyses to determine if any of the rules has a stronger deterrent effect than the others. Based on claims data for automobile accidents in the various jurisdictions, …
Adult Survivors Of Childhood Sexual Abuse Seeking Compensation From Their Abusers: Are Illinois Courts Fairly Applying The Discovery Rule To All Victims?, Chrissie F. Garza
Adult Survivors Of Childhood Sexual Abuse Seeking Compensation From Their Abusers: Are Illinois Courts Fairly Applying The Discovery Rule To All Victims?, Chrissie F. Garza
Northern Illinois University Law Review
Victims of this childhood sexual abuse suffer tremendous injuries, some of which can carry on into adulthood. Some of the injuries might not manifest until years after the abuse has ended. Adults often do not realize that the psychological problems that plague them day after day, year after year, are a result of the abuse they suffered through as children. When victims make this causal connection, some want to pursue civil damages so that the defendant can compensate them for their injuries. Unfortunately, most often the victims' claims are barred by the statute of limitations. Some jurisdictions apply the discovery …
The Law School Compensation Systems At Three Top Quartile Law Schools: Factors Correlating With Law Professors' Salaries And Suggestions, Bruce D. Fisher, Paul Bowen
The Law School Compensation Systems At Three Top Quartile Law Schools: Factors Correlating With Law Professors' Salaries And Suggestions, Bruce D. Fisher, Paul Bowen
Northern Illinois University Law Review
This article is a study of the factors which may impact the salary levels of law professors. The authors employ various methods of statistical analysis to determine what association, if any, a variety of factors have to the level of a law professor's salary. These factors include the quality of the faculty, the amount of legal scholarship produced by professors, the seniority of faculty members and their gender. After examining the impact of these factors on the salaries of law professors, the authors then proceed to make several observations and recommendations for streamlining the salary levels of law professors.
The Cents Of It: Dischargeability And Environmental Claims Under The Bankruptcy Code, Denise M. Schuh
The Cents Of It: Dischargeability And Environmental Claims Under The Bankruptcy Code, Denise M. Schuh
Northern Illinois University Law Review
Courts have been unable to develop a consistent body of precedent as to the point at which a CERCLA claim arises under the Bankruptcy Code due to the competing policy interests involved. This comment analyzes the current approaches employed by the courts and concludes that the current approaches are inadequate to provide a compromise between the policy objectives of both CERCLA and the Bankruptcy Code. This comment proposes a judicial actual notice standard in conjunction with legislative action to enact an environmental liability exception to the dischargeability provisions of the Bankruptcy Code.
San Diego Gas & Electric: A Regulation Gone Too Far?, Harlan J. Spiroff
San Diego Gas & Electric: A Regulation Gone Too Far?, Harlan J. Spiroff
Northern Illinois University Law Review
This note analyzes the dissenting view of the Court that the mere imposition of a zoning regulation can affect a permanent or temporary taking of property for which compensation must be paid under the fifth and fourteenth amendments.
Products Liability--Should Illinois Allow Recovery For Property Damage Absent Personal Injury?, Thomas J. O'Brien
Products Liability--Should Illinois Allow Recovery For Property Damage Absent Personal Injury?, Thomas J. O'Brien
Northern Illinois University Law Review
Judge O'Brien identifies the factors which should permit or deny recovery for property damage in products liability cases absent personal injury. Various types of damages are classified and analyzed to determine the types of loss which should be compensable under Illinois law.