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Public Employers And E-Mail: A Primer For The Practitioner And The Public Professional, John F. Fatino
Public Employers And E-Mail: A Primer For The Practitioner And The Public Professional, John F. Fatino
Northern Illinois University Law Review
E-mail and related technology have created multi-faceted issues for public employers and legal practitioners. The article examines the issue of e-mail communications from the perspective of public records and public meeting requirements of several midwestern states including the impact of e-mail on public employee "privacy" in light of several recent cases concerning the monitoring of employee e-mail. Public employer liability for misconduct in cyberspace is likewise explored. Public employees' rights under the First and Fourteenth Amendment to the United States Constitution are examined as well. Finally, the article discusses the preservation of privileges and discovery/litigation issues concerning e-mail.
Credit Or Debit? Unauthorized Use And Consumer Liability Under Federal Consumer Protection Legislation, Daniel M. Mroz
Credit Or Debit? Unauthorized Use And Consumer Liability Under Federal Consumer Protection Legislation, Daniel M. Mroz
Northern Illinois University Law Review
Although debit cards may closely resemble credit cards in appearance, consumer liability for unauthorized use is not similar and the payment transaction initiated through use is very different. In response to the increasing use of debit card products, consumer protection issues concerning liability for unauthorized use have been raised, new legislation has been introduced to Congress and an extremely lucrative debit card market has prospered. Sections I through IV of this comment provide an overview of the federal Truth in Lending Act and of the federal Electronic Fund Transfer Act in relation to consumer liability issues concerning the use of …
Refusing To Follow Doctor's Orders: Texas Takes The First Step In Holding Hmos Liable For Bad Medical Decisions, Amy Stoeckl
Refusing To Follow Doctor's Orders: Texas Takes The First Step In Holding Hmos Liable For Bad Medical Decisions, Amy Stoeckl
Northern Illinois University Law Review
This comment examines health maintenance organizations (HMOs) and other managed care entities and the defenses used to escape liability in medical malpractice suits. Texas became the first State to pass legislation that would put an end to one such defense and place liability on HMOs. The author suggests that such State legislation is not enough to hold HMOs liable and recommends that Congress rethink the federal statutes that still protect HMOs from liability.
The Illinois Superfund Law Prior To The Brownfields Legislation, James T. Harrington
The Illinois Superfund Law Prior To The Brownfields Legislation, James T. Harrington
Northern Illinois University Law Review
This article examines the state of law for landowner liability caused by the release or threat of release of "hazardous substances" in Illinois prior to the enactment of the Brownfields Act. It demonstrates the inadequacies of not only Illinois Superfund law, but federal law's attempts to find landowners liable for environmental cleanup without having reasonable and knowable standards, known procedures, and reasonably predictable results. The article concludes by underscoring the fact that without remedying these inadequacies, viable land will remain undeveloped and unproductive, and will drain community resources.
Lessons In L.U.S.T.: The Complete Story Of Liability For Leaking Underground Storage Tanks, Michael J. Maher, Sheila Horan
Lessons In L.U.S.T.: The Complete Story Of Liability For Leaking Underground Storage Tanks, Michael J. Maher, Sheila Horan
Northern Illinois University Law Review
This article analyzes liability of owners and operators of underground storage tanks for tank leakage. Theories of liability include the federal Resource, Conservation and Recovery Act ("RCRA"), breach of contract, negligence, negligence per se, res ipsa loquitor, trespass, nuisance, and strict liability. Liability is analyzed in two factual scenarios: liability of past owners/operators to current owners for contamination of the site from prior operations; and liability of tank owners/operators for contamination that migrates off-site to adjoining properties.
Brownfields Bill Promotes Sweeping Changes, David L. Rieser
Brownfields Bill Promotes Sweeping Changes, David L. Rieser
Northern Illinois University Law Review
Potential Illinois landowners have been fearful of redeveloping urban industrial area since the advent of the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"). Landowners feared the astronomical cleanup liability associated with purchasing contaminated property as well as the vigor in which the Illinois Environmental Protection Agency enforced such cleanup. However, this fear has now been abated to a degree, with Governor Edgar signing into law the Illinois Brownflelds program. This article explores the need for such a program, and proceeds to analyze the program's objectives and application. The article ends by appreciating that there will be an experimental stage …
Violent Crimes At Atms: Analysis Of The Liability Of Banks And The Regulation Of Protective Measures, Gregory W. Hoskins
Violent Crimes At Atms: Analysis Of The Liability Of Banks And The Regulation Of Protective Measures, Gregory W. Hoskins
Northern Illinois University Law Review
This comment examines the growing frequency of violent crimes at automated teller machines (ATMs). The comment analyzes the potential theories of placing liability on financial institutions and identifies the existing regulatory measures that provide protection to ATM users. The author recommends the enactment of legislation which clearly sets forth the minimum acceptable standards of security and provides for further protection of users.
Common Law Liability For Leaking Underground Storage Tanks, Michael J. Maher
Common Law Liability For Leaking Underground Storage Tanks, Michael J. Maher
Northern Illinois University Law Review
This article examines Illinois common law theories of liability for owners and operators of leaking underground storage tanks. Specifically, this article explores trespass, nuisance, negligence, and strict liability as theories of recovery for damages caused by leaking underground storage tanks.
The Economic Efficiency Of The Robust Rules Of Modern Product Liability Law, Ronald Sisselman, David R. Wade
The Economic Efficiency Of The Robust Rules Of Modern Product Liability Law, Ronald Sisselman, David R. Wade
Northern Illinois University Law Review
Since the 1960's, courts have embraced rules imposing "strict liability" on manufacturers for defective products while eschewing traditional negligence rules. This shift has generated considerable scholarship. Much of this scholarship has utilized economic models to analyze legal rules in terms of their economic efficiency. This article, by partitioning the "accident event space," derives and focuses on an alternative set of economically efficient "robust rules" to the inappropriate and narrow "simple rules" derived by previous scholars. Through an examination of existing case law, this article demonstrates that these economically efficient "robust rules" more accurately explain courts' notion of strict liability and …
Illinois' Drug Induced Homicide Statute: A Tough State Just Got Tougher, Thomas N. Osran
Illinois' Drug Induced Homicide Statute: A Tough State Just Got Tougher, Thomas N. Osran
Northern Illinois University Law Review
This Legislative Note discusses the new Illinois Drug Induced Homicide Statute that went into effect January 1, 1989. The Note traces the common law history of imposing homicide liability on drug suppliers for drug-related deaths and compares the Illinois statute with eleven other state statutes creating this type of homicide liability. The Note suggests ways the legislature or judiciary could clarify the statute through amendment or interpretation.
Strict Liability And State-Of-The-Art Evidence In Illinois, James Christensen
Strict Liability And State-Of-The-Art Evidence In Illinois, James Christensen
Northern Illinois University Law Review
This comment discusses Illinois' treatment of state-of-the-art evidence as a defense to a strict liability claim. The article argues that Illinois should disallow the defense in the area of unknowable risk for the same reasons that Illinois disallows the defense in undiscoverable risk.
Server Vs. Driver Liability: A Suggested Change To Reduce Drinking And Driving, Grant Pearson
Server Vs. Driver Liability: A Suggested Change To Reduce Drinking And Driving, Grant Pearson
Northern Illinois University Law Review
This article explores the two major approaches to liquor server liability currently being used in the various jurisdictions across the country. The article assesses the strengths and weaknesses of the alternative approaches and concludes that certain adjustments in the dram shop laws, coupled with additions to the insurance requirements and vehicle inspection program, will help to make drivers aware of the costs of drinking and driving, thereby reducing the incidence of drunk driving.
Turn Out The Lights, The Party's Over: An Economic Analysis Of Kelly V. Gwinnell, Charles G. Popp
Turn Out The Lights, The Party's Over: An Economic Analysis Of Kelly V. Gwinnell, Charles G. Popp
Northern Illinois University Law Review
This article examines the view, adopted by a growing number of courts, that social hosts should be liable for the negligent acts of their intoxicated guests.
Dirks V. Sec: Delineating The Scope Of Insider Trading Liability Under Rule 10b-5, Bruno G. Para
Dirks V. Sec: Delineating The Scope Of Insider Trading Liability Under Rule 10b-5, Bruno G. Para
Northern Illinois University Law Review
A discussion of Dirks v. SEC, examining the circumstances under which a duty to disclose material nonpublic information will be imposed and to whom such a duty of disclosure is owed.