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Practice And Procedure Under The Illinois Human Rights Act, Richard J. Puchalski
Practice And Procedure Under The Illinois Human Rights Act, Richard J. Puchalski
Northern Illinois University Law Review
A discussion of the procedural aspects of handling discrimination cases before the Illinois Department of Human Rights and the Human Rights Commission.
A New Place Under The Sun: Prah V. Maretti And Common Law Solar Access Remedies, Theresa Barnes-Pirko
A New Place Under The Sun: Prah V. Maretti And Common Law Solar Access Remedies, Theresa Barnes-Pirko
Northern Illinois University Law Review
An analysis of the changing status of common law remedies available for solar users, with particular emphasis in three areas: solar easements, watercourse law, and private nuisance. Possible legal theories for Illinois users are discussed.
Defining The Crime Of Excessive Self-Defense: Voluntary Manslaughter In Illinois, John A. Pirko
Defining The Crime Of Excessive Self-Defense: Voluntary Manslaughter In Illinois, John A. Pirko
Northern Illinois University Law Review
The Illinois Criminal Code of 1961 added the concept of "excessive self defense" to the traditional "provoked, irresistible passion" concept considered in the offense of voluntary manslaughter. This comment briefly examines the traditional formulation, then explores why the second formulation was added, and how the courts have interpreted this new offense.
Arbitration As A Means Of Protecting Employees From Unjust Dismissal: A Statutory Proposal, Marvin F. Hill Jr.
Arbitration As A Means Of Protecting Employees From Unjust Dismissal: A Statutory Proposal, Marvin F. Hill Jr.
Northern Illinois University Law Review
An in-depth history of the common law at-will employment doctrine in America and the various statutory, case law and arbitral limitations placed on the at-will rule leads to the author's comprehensive statutory proposal to protect employees from unjust dismissal through an arbitration process.
The Proposed Bankruptcy Improvements Act: The Creditors Strike Back, Robert E. Ginsberg
The Proposed Bankruptcy Improvements Act: The Creditors Strike Back, Robert E. Ginsberg
Northern Illinois University Law Review
A comprehensive, critical analysis of the proposed Bankruptcy Improvements Act and the changes it would create in the area of consumer bankruptcy by effectively eliminating the consumer's right to the traditional chapter 7 liquidation bankruptcy proceeding and by requiring mandatory chapter 13 wage earner plans.
Law Decree No. 56 - Regulation For The Peaceful Use Of Nuclear Energy, Consejo Del Estado
Law Decree No. 56 - Regulation For The Peaceful Use Of Nuclear Energy, Consejo Del Estado
Latin American Energy Policies
States the regulations for the use of nuclear energy. Contains definitions of terms related to nuclear energy. Appoints the state organizations in charge of the implementation of this regulation.
The Precarious Constitutionality Of Rico Civil Remedies, Edward J. Rodgers Iii
The Precarious Constitutionality Of Rico Civil Remedies, Edward J. Rodgers Iii
Northern Illinois University Law Review
This Comment will analyze the differences between civil, quasi-criminal and criminal cases, and demonstrate that RICO civil remedies are civil (regulatory-compensatory) in nature, rather than criminal (penal), or quasi-criminal. In making this determination, this Comment will examine the legislative history of RICO and its relationship to antitrust precedent, and apply to RICO the tests currently used by the United States Supreme Court to determine borderlines between civil, quasi-criminal and criminal laws.
Educational Loans In Bankruptcy, Lawrence Kalevitch
Educational Loans In Bankruptcy, Lawrence Kalevitch
Northern Illinois University Law Review
An analysis of judicial treatment of student loans in bankruptcy proceedings, with special emphasis on four particular problem areas.
Constitutional Chaos: Rodrock V. Security Industrial Bank / Thorp Finance Corporation V. Gifford, Richard L. Merrick
Constitutional Chaos: Rodrock V. Security Industrial Bank / Thorp Finance Corporation V. Gifford, Richard L. Merrick
Northern Illinois University Law Review
An extensive analysis of the history of bankruptcy law in order to show that the Rodrock and Gifford decisions were incorrect in their analysis of "value" which exceeded time-honored constitutional and common law limitations.
Des: The Patchwork Quilt Of Tort Law, Sharon C. Brennan
Des: The Patchwork Quilt Of Tort Law, Sharon C. Brennan
Northern Illinois University Law Review
This Comment will present an overview of the major issues confronting the DES litigant and will analyze the arguments and reasoning of the most significant cases addressing those issues. Common factors upon which the courts tend to base their decisions will be discussed.
Non-Profit Musical Performance Societies And The 1976 Copyright Act: Selected Problems And Possible Solutions, Richard J. Siegel
Non-Profit Musical Performance Societies And The 1976 Copyright Act: Selected Problems And Possible Solutions, Richard J. Siegel
Northern Illinois University Law Review
This comment will propose that a minimal right to arrange is conferred with the right to perform where there is either no arrangement available, or the available arrangements are not suitable for use by the given ensemble. The extent to which the director may copy and edit purchased music will be described. It will also be argued that profits from performance may be retained by the performing group and that no notice is required to be given to the copyright owner for such use. Finally, the practice of recording the group's performances will be explored, and it will be concluded …
Patentability Of Software Technology, John C. Moran, Mark E. James
Patentability Of Software Technology, John C. Moran, Mark E. James
Northern Illinois University Law Review
The purpose of this paper is to review the Supreme Court's holding in Diamond v. Diehr and analyze it in view of the Court's two earlier decisions. The holding in Diehr will then be contrasted with the CCPA's analysis of processes utilizing computers and a prediction is made as to the likely impact of the Diehr decision.
Report And Recommendations, Consumer Bankruptcy Subcommittee Of The Committee On Consumer Financial Services Of The American Bar Association
Report And Recommendations, Consumer Bankruptcy Subcommittee Of The Committee On Consumer Financial Services Of The American Bar Association
Northern Illinois University Law Review
The Subcommittee suggests that bankruptcy law can be made consistent with income-based consumer credit practices, stemming the-tide of bankruptcy losses.
The Lassiter Decision: Termination Of Parental Rights - New Standards For Right To Appointed Counsel, Deborah L. Ahlstrand
The Lassiter Decision: Termination Of Parental Rights - New Standards For Right To Appointed Counsel, Deborah L. Ahlstrand
Northern Illinois University Law Review
This casenote will examine the historical development of the constitutional right to counsel. It will then analyze the Court's opinion in Lassiter in light of previous cases and look to the future impact of the decision.
The Potential For Post-Discharge Lien Survival: Problems Surrounding Sections 506(D) And 524(A) Of The Bankruptcy Code Of 1978, Andrew J. Schmid
The Potential For Post-Discharge Lien Survival: Problems Surrounding Sections 506(D) And 524(A) Of The Bankruptcy Code Of 1978, Andrew J. Schmid
Northern Illinois University Law Review
Because of the ambiguities surrounding the discharge injunction, the author suggests that section 506(d) should be recognized by the bankruptcy bar for its value in preventing attachment of inchoate liens, impairing the debtor's "fresh start."