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Bmw Of North America V. Gore: A Misplaced Guide For Punitive Damage Awards, Michelle J. Carey
Bmw Of North America V. Gore: A Misplaced Guide For Punitive Damage Awards, Michelle J. Carey
Northern Illinois University Law Review
This casenote examines the Supreme Court's landmark ruling in BMW v. Gore, in which the Court struck down a jury award of punitive damages as being unreasonably large in violation of substantive due process. This Note traces the history of challenges to punitive damage awards through Supreme Court cases, including BMW v. Gore. It then analyzes BMW v. Gore, particularly the Court's misguided attempt at providing a guide for punitive damage awards and the dismal implications from the Court's actions. It concludes that the better approach for the Court to have taken would have been to focus on procedural due …
The Quicksands Of The Poor Law: Poor Relief Legislation In A Growing Nation, 1790-1820, William P. Quigley
The Quicksands Of The Poor Law: Poor Relief Legislation In A Growing Nation, 1790-1820, William P. Quigley
Northern Illinois University Law Review
This article reviews the development of poor relief laws from 1790 to 1820. The scope of the article will survey the laws affecting the poor people developed by the states as they joined the union and by the federal government. The author also sketches out common themes that developed through the legislation during this time period Moreover, the articles tracks the influence of English poor laws and early legislative experiences in this area of the law.
Panel Discussion, Phillip D. Peters, Mark W. Cordes, Phillip S. Bus, Lawrence B. Christmas, Richard M. Guerard
Panel Discussion, Phillip D. Peters, Mark W. Cordes, Phillip S. Bus, Lawrence B. Christmas, Richard M. Guerard
Northern Illinois University Law Review
No abstract provided.
Luncheon Address: Symposium: Growth Management For The Next Century: Challenges & Opportunities, Lawrence B. Christmas
Luncheon Address: Symposium: Growth Management For The Next Century: Challenges & Opportunities, Lawrence B. Christmas
Northern Illinois University Law Review
Review of the past 100 years of land use planning and possible future developments.
Practical Computer Applications For Land Use Planning And Analysis, Roger K. Dahlstrom
Practical Computer Applications For Land Use Planning And Analysis, Roger K. Dahlstrom
Northern Illinois University Law Review
This address presents two computer applications designed to assist in land use planning for individual sites and for entire planning areas. The site capacity model allows the user to generate a reasonably accurate analysis of development potential for an individual parcel of land given basic Information regarding proposed or prevailing zoning regulations. The land capacity model provides a means for developing land use simulations including likely public service demands and selected environmental impacts. The author notes that land use simulation can be an effective tool for minimizing internal inconsistencies in development regulations and for evaluating the impacts of the large …
Annexation Agreements - Boundary Agreements: Walking A Fine Line Into The Future - A Map Of The Dangers To The Unwary Land Use Traveler, Ronald S. Cope
Annexation Agreements - Boundary Agreements: Walking A Fine Line Into The Future - A Map Of The Dangers To The Unwary Land Use Traveler, Ronald S. Cope
Northern Illinois University Law Review
This article examines the potential dangers that may be encountered by inexperienced land use planners. The article begins with a review of statutes and case law involving annexation agreements in Illinois. Next, the author distinguishes the differences between "annexation agreements" and "development agreements." Then the author addresses how to determine whether there has been a boundary agreement, which limits the ability of a municipality to annex a piece of property. The author recommends a statute permitting development agreements and recommends clear linkages between various sections of the code to improve predictability for Illinois land use planners.
Farmland Protection For Illinois: The Planning And Legal Issues, Lawrence W. Libby
Farmland Protection For Illinois: The Planning And Legal Issues, Lawrence W. Libby
Northern Illinois University Law Review
This address contends that agriculture, as a land intensive business, is critical to the Illinois economy and farmland protection belongs on the state's agenda as a policy objective as well as a significant goal of growth management. The author reasons that the adequacy of food supply and the necessity of farmland, as well as the non-owner services of farmland, require the inclusion of farmland protection on the state's planning agenda. Looking toward the future of farmland use and conversion, the author reviews the important planning and legal issues relative to farmland protection as a policy issue and suggests several strategies …
Responding To Students' Pleas For Relief: The Need For A Consistent Approach To Peer Sexual Harassment Claims, Megan Healy
Responding To Students' Pleas For Relief: The Need For A Consistent Approach To Peer Sexual Harassment Claims, Megan Healy
Northern Illinois University Law Review
The goal of this comment is to illustrate the need for courts to develop a uniform approach to remedying severe sexual harassment in the schools. The comment examines the recent split among the courts in their interpretation and application of Section 1983 and Title IX to peer sexual harassment claims. Recommendations are made to the courts for resolving the split and in particular, to expand and adopt a uniform standard of liability and to follow the Eleventh Circuit's standard for determining when peer sexual harassment is so severe as to require a remedy by the courts.
Subrogation Of Personal Injury Claims: Toward Ending An Inequitable Practice, Keith E. Edeus Jr.
Subrogation Of Personal Injury Claims: Toward Ending An Inequitable Practice, Keith E. Edeus Jr.
Northern Illinois University Law Review
This comment examines the application of the principles of subrogation in the personal injury context. Current law in most states, including Illinois, allows insurance companies to recover their subrogation interests even when insureds have not been made whole. The author suggests legislative and judicial approaches for limiting the applicability of subrogation in such situations.
Tif In Illinois: The Good, The Bad, And The Ugly, Michael T. Peddle
Tif In Illinois: The Good, The Bad, And The Ugly, Michael T. Peddle
Northern Illinois University Law Review
Tax increment financing (TIF) is a controversial economic development tool which has been implemented over three hundred times in Illinois since its legislative authorization in 1977. Its premise relies on the expectation that the property value of an economic development project site as well as a certain amount of contiguous property will be enhanced as a result of the project. The tax increment indicates the additional tax revenue from these properties. This tax increment is allocated exclusively to the municipality for use in the TIF district. In this address, the author analyzes the basic components of TIF in Illinois as …
Innocents Beware: Has Bennis V. Michigan Made Asset Forfeiture Too Easy?, Ronald F. Labedz
Innocents Beware: Has Bennis V. Michigan Made Asset Forfeiture Too Easy?, Ronald F. Labedz
Northern Illinois University Law Review
This note examines the historical justifications of asset forfeiture as well as the justifications behind its more recent uses. The note begins by analyzing the rationale of precedents that have upheld asset forfeiture then that rationale is applied to the facts of Bennis v. Michigan. After establishing that the exigencies historically thought necessary to justify asset forfeiture are not present in Bennis, the author determines the Supreme Court improperly applied precedent and instead should have conducted a due process analysis. The author argues that had the Supreme Court conducted that analysis, the Court would have held Michigan's asset forfeiture scheme …
Spinning A Tighter Web: The First Amendment And Internet Regulation, Angela E. Wu
Spinning A Tighter Web: The First Amendment And Internet Regulation, Angela E. Wu
Northern Illinois University Law Review
This article examines the First Amendment issues associated with Internet regulation, specifically the Communications Decency Act of 1996 and discusses the district court opinion in ACLU v. Reno. The author considers existing legislation in the telecommunications industry and the effect of such legislation on First Amendment rights. In additions, the author contends that the Internet is a revolutionary medium that should remain free of government intrusion. Therefore, due to the impossibility of regulating the Internet and the value that society places on the free exchange of ideas, the CDA should not be upheld by the United States Supreme Court.
The Internet In The College Community, Robert M. O'Neil
The Internet In The College Community, Robert M. O'Neil
Northern Illinois University Law Review
This article reviews several current issues at the intersection of free expression and electronic communication on the college and university campus. It presupposes the conclusion which a unanimous Supreme Court reached in late June 1997, in the Communications Decency Act Case - that speech on the internet is as fully protected by the First Amendment as is expression in more traditional and familiar media. The quandary for institutions of higher learning, sharply criticized in this article, is the belief of many regulators, on as well as off campus, that electronic or digital messages pose different risks and may therefore be …
Blind Leading The "Colorblind": The Evisceration Of Affirmative Action And A Dream Still Deferred, Amy L. Knickmeier
Blind Leading The "Colorblind": The Evisceration Of Affirmative Action And A Dream Still Deferred, Amy L. Knickmeier
Northern Illinois University Law Review
The age of race-conscious remedial programs is coming to its demise. This Comment analyzes the application of the Fourteenth Amendment to school desegregation decrees and affirmative action programs in higher education. Furthermore, the Comment addresses the progressively hostile attitude exemplified by the judiciary toward such programs when Constitutional violations are absent. Finally, this Comment argues that racism continues to extensively influence societal views and behaviors. Therefore, until more viable and effective solutions to racism are implemented, race-conscious affirmative action plans must survive. Consequently, the Supreme Court ought to mandate a lenient standard of review to race-based remedial programs in higher …
Life Without Lemon: The Status Of Establishment Clause Jurisprudence After Rosenberger V. Rector & Visitors Of The University Of Virginia, Julie Madison Angus
Life Without Lemon: The Status Of Establishment Clause Jurisprudence After Rosenberger V. Rector & Visitors Of The University Of Virginia, Julie Madison Angus
Northern Illinois University Law Review
This casenote analyzes Rosenberger v. Rector & Visitors of the University of Virginia and determines that the Court misapplied Establishment Clause precedent and erroneously rejected the three-prong Lemon test. In examining the decision, the note provides a brief historical overview of the development of the numerous tests surrounding the Establishment Clause, focusing primarily on the past fifty years. The note concludes that in failing to mention the Lemon test, Rosenberger merely adds more confusion to the already bewildering area of Establishment Clause jurisprudence.
A Lopez Legacy?: The Federalism Debate Renewed, But Not Resolved, Debbie Ellis
A Lopez Legacy?: The Federalism Debate Renewed, But Not Resolved, Debbie Ellis
Northern Illinois University Law Review
This casenote examines the Supreme Court's landmark ruling in United States v. Lopez, in which the Court struck down a Congressional enactment under the Commerce Clause for the first time in modern history. The note traces Commerce Clause jurisprudence back to the days of the Founding Fathers and analyzes the Lopez opinion in an historic context. It also provides an overview of how the lower federal courts have dealt with appeals based on the Lopez ruling and concludes that the federalism debate, which underlies the Court's 5-4 decision, has been renewed but not resolved.
Should An Illinois Tenant Get The Benefit Of The Landlord's Insurance?, John Dwight Ingram
Should An Illinois Tenant Get The Benefit Of The Landlord's Insurance?, John Dwight Ingram
Northern Illinois University Law Review
This article examines whether a landlord's insurance coverage should extend to cover his or her tenant's personal property from loss or damage caused by the tenant's negligence. Although the courts are divided on whether to allow the landlord's insurer to recover from the tenant through the insurance contract's subrogation clause, the author argues careful and thoughtful lease drafting can avoid or eliminate liability issues between the landlord and tenant. Such drafting gives the courts a clearer picture of the exact relationship between the parties and who should bear the risks involved under a given set of circumstances.
Business Standing Under The Illinois Consumer Fraud Act: An Attempt To Resolve The Confusion, Edward X. Clinton Jr.
Business Standing Under The Illinois Consumer Fraud Act: An Attempt To Resolve The Confusion, Edward X. Clinton Jr.
Northern Illinois University Law Review
This article analyzes the standard for when a business has standing to pursue an action under the Illinois Consumer Fraud Act. The article contends that several decisions addressing this issue are in conflict. The article proposes a new test to resolve the conflicts in the decisions. Under that test, which is used in other states, a business has standing to raise a claim under the Act when the business is acting in a manner similar to an ordinary consumer.
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.
Siting, Justice, And The Environmental Laws, Rodger C. Field
Siting, Justice, And The Environmental Laws, Rodger C. Field
Northern Illinois University Law Review
Environmental justice is gaining momentum throughout the country. As a result, industrial development can no longer be determined solely by the dictates of one agency or entity. Environmental justice requires efforts of all to participate in the decision-making process to determine how industry will develop in the future. This article traces the history and themes of the environmental justice movement and examines that movement's impact on industrial development. Specifically, the article focuses on how the environmental justice movement affects future source-siting decisions and its ramifications on the various levels of government and on the industrial development. The article concludes by …
Rethinking Restoration: Risk Based Corrective Action And The Future Of Economic Regulation, Gerald W. Phillips
Rethinking Restoration: Risk Based Corrective Action And The Future Of Economic Regulation, Gerald W. Phillips
Northern Illinois University Law Review
The success of traditional environmental regulatory programs is clear. However, change is necessary in order to address the less obvious and more technically difficult environmental problems which remain. Risk based decision has been gaining support as an effective method of protecting human health and the environment. Risk management is a pragmatic and cost-effective decision-making tool. Risk management can efficiently improve environmental priority setting, encourage redevelopment of Brownfield properties, and maintain environmental protection.
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.
From The Ground To The Sky: The Continuing Conflict Between Private Property Rights And Free Speech Rights On The Shopping Center Front Seventeen Years After Pruneyard, Ian J. Mcpheron
Northern Illinois University Law Review
This Comment examines the intersection of property rights and free speech rights by tracing how the Supreme Court has dealt with this intersection in a shopping center context and in other contexts. The Comment proceeds to examine how state supreme courts have traversed the intersection in favor of property rights over free speech rights, and also how states that have not decided this issue will likely resolve it. Upon formulating an analysis practitioners can use in the future when arguing this issue in the undecided states, the Comment concludes that the best argument is based on how close a shopping …
Title Vi As A Means Of Achieving Environmental Justice, Natalie M. Hammer
Title Vi As A Means Of Achieving Environmental Justice, Natalie M. Hammer
Northern Illinois University Law Review
This Comment addresses racism in the siting of hazardous waste facilities. The Comment begins by describing the various studies that document the correlation between race and siting decisions, and the Comment concludes that race is a primary factor in environmental siting decisions. After analyzing the various attempts by minority plaintiffs to address this inequity, the author concludes that Title VI may be the best option for minority plaintiffs to achieve environmental justice.
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 …
The Conclusion That A Sinister Conspiracy Of Foreign Origin Controls Organized Crime: The Influence Of Nativism In The Kefauver Committee Investigation, David R. Wade
Northern Illinois University Law Review
The Special Senate Committee to Investigate Organized Crime in Interstate Commerce began its work on May 10, 1950 and concluded with the submission of its final report on May 1, 1951. The function of the Committee was to fully study the extent to which organized crime makes use of the facilities of interstate commerce. Following hearings held in 14 cities and testimony from more than 600 witnesses, the Committee concluded that a sinister conspiracy of foreign origin controls organized crime. The Committee's hearings were the first Congressional Committee hearings televised live to a national audience. This Article examines the influence …
Dna Fingerprinting: The Failings Of Frye, John Mccabe
Dna Fingerprinting: The Failings Of Frye, John Mccabe
Northern Illinois University Law Review
This article examines a line of precedent which has utilized the Frye standard to exclude forensic DNA evidence. An analysis of these cases provides support for the criticism that the Frye standard is subject to manipulation by those seeking to exclude evidence. Examining the scientific debate concerning the statistical interpretation of DNA evidence reveals that the Frye standard is a poor conceptual framework to evaluate an emerging forensic technique. The ambiguities of Frye allow the presentation of scientific controversy, which is inherent in any scientific advance, as constituting a lack of general acceptance. Furthermore, the adversarial nature of the Frye …
Religious Tolerance And Its Limits In Early America, George Dargo
Religious Tolerance And Its Limits In Early America, George Dargo
Northern Illinois University Law Review
This article posits that religious toleration in early America was rooted in practical considerations amid the necessities of settlement. The British colonies in North America achieved an unparalleled degree of religious liberty. Even groups that were on the social margins of American life--e.g., Roman Catholics, Jews, African Americans--gained a measure of social recognition and religious toleration because they found a role or served certain necessary functions in a developing society. Native Americans were not similarly treated because they were never able to establish equivalent functional utility. Philosophical advocates of Religious Toleration and Freedom of Conscience--principally Roger Williams and John Locke--envisaged …
Born To Lose: The Illinois "Baby Richard" Case--How Examining His Father's Pre-Birth Conduct Might Have Led To A Different Ending For Richard, Gerald W. Huston
Born To Lose: The Illinois "Baby Richard" Case--How Examining His Father's Pre-Birth Conduct Might Have Led To A Different Ending For Richard, Gerald W. Huston
Northern Illinois University Law Review
This casenote examines the factual and legal circumstances surrounding the controversial "Baby Richard" case--a case in which the courts applied a "best interests" test, and in so doing, removed a child from the home of his adoptive parents to return the child to his birth parents. By drawing comparisons to practices in other jurisdictions, the author concludes that a thorough examination of the birth father's pre-birth conduct likely would have changed the court's decision.
Podberesky, Hopwood, And Adarand: Implications For The Future Of Race-Based Programs, Lino A. Graglia
Podberesky, Hopwood, And Adarand: Implications For The Future Of Race-Based Programs, Lino A. Graglia
Northern Illinois University Law Review
Three recent decisions requiring strict scrutiny of race-based programs put the future of racially preferential "affirmative action" programs in doubt. In Podberesky, the Fourth Circuit disallowed race-based scholarship programs. In Hopwood, the Fifth Circuit rejected diversity and held that remedying past discrimination (narrowly defined) was the sole justification for race-based admissions. In Adarand, the Supreme Court required strict scrutiny of federal as well as state race-based programs.