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Vol. 5 No. 1, Fall 2013; "Correcting" The Foreclosure Crisis?, Matthew Broucek
Vol. 5 No. 1, Fall 2013; "Correcting" The Foreclosure Crisis?, Matthew Broucek
Northern Illinois Law Review Supplement
Mortgage Resolution Partners, a venture capitalist firm based out of San Francisco, has been visiting with state and local governments across the country. Mortgage Resolution Partners proposes that eminent domain can, and should, be used to seize mortgages and refinance them in an attempt to correct the United States' foreclosure crisis. This article identifies and analyzes the policy issues and constitutional concerns that are inherent in the plan. The most critical constitutional concerns with the plan implicate the Takings Clause, the Contracts Clause, and the Dormant Commerce Clause of the United States Constitution.
Vol. 4 No. 2, Spring 2013; The “Cowardly Counsel” Exception: Eliminating The Contemporaneous Objection Rule, Elizabeth George
Vol. 4 No. 2, Spring 2013; The “Cowardly Counsel” Exception: Eliminating The Contemporaneous Objection Rule, Elizabeth George
Northern Illinois Law Review Supplement
The contemporaneous objection rule is very clear and precise in its application. However, as the law stands in the Ninth Circuit, failure to contemporaneously object coupled with any mention of race by the sentencing judge is automatic grounds for resentencing. This article explores the origins of this exception to the contemporaneous objection rule. Next, it explores why these statements constitute harmless error on the part of the trial court. Finally, it explains why this “cowardly counsel” exception could have potentially devastating effects to the policies that underlie the contemporaneous objection rule.
Vol. 3 No. 2, Spring 2012; Illinois Supreme Court: Overturn Thompson V. Gordon And Protect Design Professionals From Unbargained-For, Extra-Contractual Obligations, Daniel Nunney
Northern Illinois Law Review Supplement
This Note addresses how Illinois courts conduct contract interpretation and define the scope of contractual duties for design professionals. It discusses how the appellate court in Thompson v. Gordon improperly interpreted the contract in question, and how the court incorrectly followed applicable Illinois precedent when defining the scope of contractual duties for an engineer. It addresses the short- and long-term practical impacts of the Thompson decision, and also addresses a number of policy considerations associated with the majority's ruling. In sum, this Note advocates that it was necessary for the Illinois Supreme Court to overturn the Thompson decision.
Vol. 1 No. 1, Fall 2009; Current Trends In Inequitable Conduct Are Adverse To Patent Policy As Seen Through The Exemplary Case Of Big Pharma, Joshua M. Austin
Vol. 1 No. 1, Fall 2009; Current Trends In Inequitable Conduct Are Adverse To Patent Policy As Seen Through The Exemplary Case Of Big Pharma, Joshua M. Austin
Northern Illinois Law Review Supplement
This Comment explores the rather difficult and rapidly changing field of patent law, discussing specifically the doctrine of inequitable conduct, a defense raised by the infringing party by which a patent can be rendered unenforceable. Recent trends in inequitable conduct, as it has been used by the Federal Circuit, have made this confusing area of law even more so. This comment identifies these confusions and the Federal Circuit's failure to maintain clear cut precedent. This Comment further discusses the impacts of these current trends, postulating that these trends go so far as to undercut the principal policy purposes behind patent …