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Articles 1 - 22 of 22
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Law, Medicine, And Social Justice, Todd D. Volker
Law, Medicine, And Social Justice, Todd D. Volker
Northern Illinois University Law Review
This review examines the recent book by Larry L. Palmer, Vice President for Academic Programs and Professor of Law at Cornell University. The book itself, an analysis of the interplay between law and medicine in light of contemporary advances in health care, offers a social, "institutional" approach for dealing with the problems presented by recent medical developments. According to Volker, Palmer's work makes great strides toward practical answers to some of the more pressing moral questions of our time.
Vol. 10, No. 1, Fall 1989: Table Of Contents, Northern Illinois University Law Review
Vol. 10, No. 1, Fall 1989: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Corporate Counsels' Lack Of Retaliatory Discharge Action, Nancy K. Renfer
Corporate Counsels' Lack Of Retaliatory Discharge Action, Nancy K. Renfer
Northern Illinois University Law Review
This comment examines the denial of a retaliatory discharge cause of action to corporate counsel. Such a denial was the result of judicial concern over the need to protect the attorney-client relationship. The author concludes that, as a result, corporate attorneys have fewer employment rights and protections than any of their fellow employees. This comment advocates three possible solutions through which corporate counsel may maintain a retaliatory discharge action.
Coy V. Iowa: The Effect Of A Face-To-Face Confrontation Requirement On Statutes Shielding Child Witnesses, Janet D. Glick
Coy V. Iowa: The Effect Of A Face-To-Face Confrontation Requirement On Statutes Shielding Child Witnesses, Janet D. Glick
Northern Illinois University Law Review
This note examines the Supreme Court's decision which precludes the use of a screen to obstruct a witness' view of the defendant during a criminal trial. Although the Court attached great importance to the psychological impact of facing the accused, this note concludes the Coy decision will not serve to prohibit obstructing a witness' view of the defendant when such measures are found necessary to protect the witness.
Fetal Rights - A Bibliography, Rebecca S. Trammell
Fetal Rights - A Bibliography, Rebecca S. Trammell
Northern Illinois University Law Review
This annotated bibliography, focusing on fetal rights and maternal/fetal conflicts, attempts to identify significant medical and legal journal articles that address these issues from a legal perspective. Articles date from approximately 1970 through 1989.
Hedonic Damages: Properly A Factor Within Pain And Suffering Under 42 U.S.C. Section 1983, Patrick B. Murray
Hedonic Damages: Properly A Factor Within Pain And Suffering Under 42 U.S.C. Section 1983, Patrick B. Murray
Northern Illinois University Law Review
This article analyzes the developing trend of awarding damages for the loss of life's pleasures, i.e., "hedonic damages." Although framed within the context of 42 U.S.C. § 1983, the article addresses the underlying tort principles to be considered by all courts when fashioning appropriate remedies. Whether hedonic damages should be awarded in addition to those traditionally granted for pain and suffering and whether courts overstep their authority in this area are considered. This article takes the position that hedonic damages are an illegitimate exercise which result in duplicative recovery for the plaintiff and an attempt to punish the defendant commensurate …
Information, Privilege, Opportunity And Insider Trading, Robert W. Mcgee, Walter E. Block
Information, Privilege, Opportunity And Insider Trading, Robert W. Mcgee, Walter E. Block
Northern Illinois University Law Review
This commentary discusses the economic, ethical and legal aspects of insider trading. The nature of insider trading is explored and the issues are analyzed to determine what part, if any, government should play in the regulation of insider trading.
Vol. 9, No. 3, 1989: Table Of Contents, Northern Illinois University Law Review
Vol. 9, No. 3, 1989: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
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.
The Dilemma Of Chance In Medical Malpractice: Should Illinois Recognize A New Cause Of Action For "Lost Chance" Of Survivability?, Jeffrey L. Benson
The Dilemma Of Chance In Medical Malpractice: Should Illinois Recognize A New Cause Of Action For "Lost Chance" Of Survivability?, Jeffrey L. Benson
Northern Illinois University Law Review
This Comment examines the elements of causation and valuation in medical malpractice actions where a physician's negligence reduced his/her patient's chances of recovering from a pre-existing illness and direct proof of causation is unavailable. The Comment focuses on current Illinois case law regarding "lost chance" of survival and advocates that Illinois adopt a new cause of action which would compensate plaintiffs for this loss on a proportional basis that would reflect the magnitude of the diminished possibility of recovery.
Employment At Will In Illinois - Has The Employer Been Forgotten?, Walter W. Timm
Employment At Will In Illinois - Has The Employer Been Forgotten?, Walter W. Timm
Northern Illinois University Law Review
This Comment discusses the status of the doctrine of employment at will in Illinois particularly as it relates to the employer in the wake of the Illinois Supreme Court decision in Duldulao v. St. Mary of Nazareth Hospital Center. A recommendation is made that further erosion should be minimized and that, to that end, the Illinois General Assembly should clarify pertinent terminology.
Enforceability Of Guarantees By Charitable Organizations, Carl H. Wartman
Enforceability Of Guarantees By Charitable Organizations, Carl H. Wartman
Northern Illinois University Law Review
When a group of linked charitable organizations seeks financing, its lender must evaluate the likely enforceability of each member's guarantee of its affiliates' obligations using concepts which are very different from conventional analysis used for for-profit corporations. This Article discusses applicable law and suggests several approaches to the problem for lenders, borrowers, and their counsel.
Evolving Disclosure Practices And Standards Affecting Tax-Exempt Bonds Issued For The Nonprofit Health Care Industry, Robert J. Zimmerman, Daniel J. Rieken
Evolving Disclosure Practices And Standards Affecting Tax-Exempt Bonds Issued For The Nonprofit Health Care Industry, Robert J. Zimmerman, Daniel J. Rieken
Northern Illinois University Law Review
This Article addresses the effects of increasingly stringent disclosure standards under securities laws as such standards affect capital generation by the not for profit health care industry. Recently promulgated Securities and Exchange Commission Rule 15c2-12 and voluntary disclosure standards are analyzed and applied to the health care tax exempt securities transaction. The authors conclude that the health care industry must accept the need for more extensive disclosure than has been the practice.
Voluntary Dismissals In Illinois, Robert G. Johnston, Lain D. Johnston
Voluntary Dismissals In Illinois, Robert G. Johnston, Lain D. Johnston
Northern Illinois University Law Review
This Article analyzes the practice of plaintiff's motions for voluntary dismissals in Illinois Courts, both state through Illinois Code of Civil Procedure Section 2-1009 and Federal through Federal Rule of Civil Procedure 41. Many commentators have said that there has been abuse of voluntary dismissals in Illinois state courts. Thus, because the Federal Rule gives the trial judge more discretion in denying voluntary dismissals, these commentators have argued for an adoption of a state rule (procedure) which is more similar to the Federal rule. This Article compares the practice and standard of the two provisions and concludes that no such …
U.C.C. Section 2-702(2): A Unsecured Seller's Right To Reclaim Goods, William C. Sturm
U.C.C. Section 2-702(2): A Unsecured Seller's Right To Reclaim Goods, William C. Sturm
Northern Illinois University Law Review
This Article is an analysis of the commercial setting in which a seller ships goods to a purchaser on credit and later discovers the buyer is insolvent. Under the Uniform Commercial Code, a possibility exists that the seller can recover the goods. This Article explores the rights and remedies available to the seller, and examines the problematic history of Uniform Commercial Code Section 2-702(2) as it relates to this problem.
Attorney Fee Shifting: The Sanctioning Power Of Section 1927 Of Title 28, United States Code, James A. Wright
Attorney Fee Shifting: The Sanctioning Power Of Section 1927 Of Title 28, United States Code, James A. Wright
Northern Illinois University Law Review
This Comment examines the shifting of attorneys' fees under the courts' inherent power, Federal Rule of Procedure 11, and 28 United States Code, Section 1927. The Comment concludes that the power to sanction is non-uniform and weak. The Comment advocates a statutory interpretation of Section 1927 that supplies courts with the power to sanction attorneys for subjective as well as objective misconduct. Under this interpretation, the courts are given the comprehensive power to shift attorneys' fees.
"The Divorce Revolution" Revisited: A Counter-Revolutionary Critique, Jed H. Abraham
"The Divorce Revolution" Revisited: A Counter-Revolutionary Critique, Jed H. Abraham
Northern Illinois University Law Review
This Article is an extensive critique of Lenore J. Weitzman's The Divorce Revolution. Mr. Abraham generally questions the reliability of Weitzman's research data and Weitzman's contention that no-fault divorce statutes and the law of equitable distribution of marital property allow a husband to abandon a marriage with no "penalty" other than a half share of marital property together with meager support obligations, yet retain the most productive "'family" asset: his career.
Rico And The Rule Of Lenity, Ellsworth A. Van Graafeiland
Rico And The Rule Of Lenity, Ellsworth A. Van Graafeiland
Northern Illinois University Law Review
Since its enactment in 1970, RICO has been somewhat problematic in its application. This Commentary explores some of the interpretational problems encountered by federal courts regarding certain RICO provisions from the perspective of a Judge for the Second Circuit Court of Appeals. The Commentary contends that, although Congress intended the law to be liberally construed, the statute's ambiguity demands strict construction in favor of lenity.
Generalizing From Facts In Predicting Court Cases, Stuart S. Nagel
Generalizing From Facts In Predicting Court Cases, Stuart S. Nagel
Northern Illinois University Law Review
This Commentary illustrates how case outcomes and damages can be predicted through the use of simple averaging procedures. The process involves an estimation of probabilities of victory and damages likely to be awarded for each relevant factual matter, and then a calculation of an average estimate used to obtain an overall victory probability and probable damages, This Commentary applies the Policy/Goal Procedure (P/G%) decision-aiding software for attorneys, which was lauded by the Supreme Court in Ballew v. Georgia, through concrete examples.
Of Courts, Clauses And Native American Culture: Lyng V. Northwest Indian Cemetery Protective Association, Bill Peters
Of Courts, Clauses And Native American Culture: Lyng V. Northwest Indian Cemetery Protective Association, Bill Peters
Northern Illinois University Law Review
This Casenote discusses the Supreme Court opinion in Lyng v. Northwest Indian Cemetery Protective Association, which approved road construction across land held sacred by various North American Indian tribes. The Note examines the free exercise clause of the first amendment under which the Indians challenged the Forest Service project, and that clause's development through constitutional case law as a guarantee of fundamental religious rights. This Note suggests that the Court's incremental departure from strict scrutiny analysis in free exercise controversies has, at least for Native Americans, culminated with the decision in Lyng.
The Illinois Mortgage Foreclosure Act And Installment Contracts: Filling In The Gaps, Robert Kratovil
The Illinois Mortgage Foreclosure Act And Installment Contracts: Filling In The Gaps, Robert Kratovil
Northern Illinois University Law Review
This Commentary examines the new Illinois Mortgage Foreclosure Act as it relates to installment contracts. The Commentary is intended as a practical guide to complying with paragraph 15-1106 of the Act by filling in the gaps between current real estate contract forms and what is required by the statute.
Vol. 9, No. 2, 1989: Table Of Contents, Northern Illinois University Law Review
Vol. 9, No. 2, 1989: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.