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The Admissibility Of Expert Testimony On The Issue Of Eyewitness Identification In Criminal Trials, Edward B. Arnolds, William K. Carroll, Michael P. Seng
The Admissibility Of Expert Testimony On The Issue Of Eyewitness Identification In Criminal Trials, Edward B. Arnolds, William K. Carroll, Michael P. Seng
Northern Illinois University Law Review
The authors raise the serious problems inherent in the use of eyewitness identification of defendants in criminal trials. They suggest that allowing expert testimony on its unreliability is essential to counteract possible adverse effects on the jury's determination of guilt.
Bullington V. Missouri: The Cloning Of The Prosecutorial Apple, Carol Evans Walker
Bullington V. Missouri: The Cloning Of The Prosecutorial Apple, Carol Evans Walker
Northern Illinois University Law Review
The double jeopardy clause is now interpreted to prohibit a redetermination of a sentence where a state's capital sentencing statutes mandate a bifurcated trial in which the sentencing hearing is procedurally identical to the guilt determination portion of the trial.
Commentary: The Imprisonment Decision--Why Not Try Something Old?, Joel H. Swift
Commentary: The Imprisonment Decision--Why Not Try Something Old?, Joel H. Swift
Northern Illinois University Law Review
A response to Professor Zimring discussing the procedures used in the sentencing process, focusing on the imprisonment decision. A more extensive use of "due process" type procedures at the sentencing stage is proposed.
Commentary: Imprisonment--The Misplaced Focus Of Sentencing Reform, Andrea Monsees
Commentary: Imprisonment--The Misplaced Focus Of Sentencing Reform, Andrea Monsees
Northern Illinois University Law Review
A response to Professor Zimring suggesting that imprisonment was a temporary adjustment to the loss of more productive forms of punishment and that it is an anachronism when used as the focus of sentencing reform.
Commentary: Some Lessons From The History Of Illinois Sentencing Laws, James B. Haddad
Commentary: Some Lessons From The History Of Illinois Sentencing Laws, James B. Haddad
Northern Illinois University Law Review
An analysis that criticizes Professor Zimring's conclusions and argues that sentencing reform in Illinois resulted in a fair, determinate system based on lessons learned from the past.
Judicially Created Defenses To The Unauthorized Use Of Trademarks, Jonathan Binnie
Judicially Created Defenses To The Unauthorized Use Of Trademarks, Jonathan Binnie
Northern Illinois University Law Review
This comment identifies circumstances in which courts have permitted the unauthorized use of anothers' trademark where the use was outside the exceptions enumerated in the Lanham Act. The author ascertains underlying policy interests being protected and unifying principles in each defense, then sets forth the elements necessary to raise these defenses to claims of trademark infringement and unfair competition.
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.
Sentencing Reform In The States: Some Sobering Lessons From The 1970'S, Franklin E. Zimring
Sentencing Reform In The States: Some Sobering Lessons From The 1970'S, Franklin E. Zimring
Northern Illinois University Law Review
An analysis of the sentencing reform movement of the 1970's which attacked parole board discretion in favor of determinate sentencing systems. Professor Zimring criticizes the outcomes of that reform and presents some lessons for future law-reformers.
Sexual Harassment Of Working Women: The Eeoc Guidelines-Panacea Or Placebo?, Barbara West
Sexual Harassment Of Working Women: The Eeoc Guidelines-Panacea Or Placebo?, Barbara West
Northern Illinois University Law Review
This comment presents a discussion of the law of sexual harassment of working women, focusing on case law, the content of the guidelines issued by the EEOC, and how these guidelines may affect future litigation.
Crime Must Not Pay: Rico Criminal Forfeiture In Perspective, Edward C. Weiner
Crime Must Not Pay: Rico Criminal Forfeiture In Perspective, Edward C. Weiner
Northern Illinois University Law Review
From the vantage point of extensive practical experience in administering RICO, Edward Weiner analyzes its novel remedy of 'in personam' criminal forfeiture by examining both the common law origins of the remedy and the purpose for its reintroduction into American jurisprudence to form a background for understanding current judicial interpretations of the statute.
The Guilt Of The "Innocent Construction Rule" In Illinois Defamation Law, Michael J. Polelle
The Guilt Of The "Innocent Construction Rule" In Illinois Defamation Law, Michael J. Polelle
Northern Illinois University Law Review
This article traces the origin of the peculiar Illinois "Innocent Construction Rule" in defamation law. The author concludes that the Illinois "Innocent Construction Rule" was unfortunately resurrected in John v. Tribune. He calls upon the Illinois Supreme Court to reconsider the John case.
Richmond Newspapers Inc. V. Virginia: A Constitutional Right Of Access, Beverly Vassar Haas
Richmond Newspapers Inc. V. Virginia: A Constitutional Right Of Access, Beverly Vassar Haas
Northern Illinois University Law Review
This note analyzes the Richmond case and, in light of earlier access cases decided by the Court, discusses the nature of the right created and possible judicial approaches to future access claims both in and out of the courtroom setting.
Antidumping Investigations: Procedural Reform And Substantive Change Through The Trade Agreements Act, Robert L. Reifenberg
Antidumping Investigations: Procedural Reform And Substantive Change Through The Trade Agreements Act, Robert L. Reifenberg
Northern Illinois University Law Review
This comment presents an examination of the anti-competitive practice of dumping and the United States legislation aimed at its deterrence. The author presents an analysis of the procedure used in the repealed antidumping act. Additionally, the author addresses the question of the effect of the new Trade Agreements Act on the antidumping investigations in the future.
Before The Best Interests Of The Child, Karl G. Sorg
Before The Best Interests Of The Child, Karl G. Sorg
Northern Illinois University Law Review
A review of 'Before the Best Interests of the Child,' by Joseph Goldstein, Anna Freud and Albert J. Solnit.
Taking Care Of Strangers: The Rule Of Law In Doctor-Patient Relations, Natalie L.C. Stason
Taking Care Of Strangers: The Rule Of Law In Doctor-Patient Relations, Natalie L.C. Stason
Northern Illinois University Law Review
A review of 'Taking Care of Strangers: The Rule of Law in Doctor-Patient Relations' by R. A. Burt.
The Illinois Bail Jumper's Statute, Sharon Santilli Broccoli
The Illinois Bail Jumper's Statute, Sharon Santilli Broccoli
Northern Illinois University Law Review
This legislative note focuses on the constitutional ramifications of complete trials in absentia and examines possible alternatives to this procedure.