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Articles 1 - 19 of 19
Full-Text Articles in Law
Vol. 33, No. 1, Fall 2012: Table Of Contents, Northern Illinois University Law Review
Vol. 33, No. 1, Fall 2012: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Declaratory Judgment Before Exhausting Administrative Remedies Under Illinois Law, Deborah A. Ostvig, Brian E. Neuffer
Declaratory Judgment Before Exhausting Administrative Remedies Under Illinois Law, Deborah A. Ostvig, Brian E. Neuffer
Northern Illinois University Law Review
Government agencies increasingly are pursing enforcement actions and litigation against companies they believe have violated laws and the agency's regulations. News reports of multimillion-dollar settlements with government agencies are commonplace. Companies targeted by government agencies often feel powerless because the agency has its own administrative review procedure for challenging its enforcement actions, and that process is usually time consuming and futile. However, from our nation's founding, the judicial branch has been the primary check on government agencies. This Article explores how the declaratory judgment procedure in Illinois may be used to test the validity of agency actions in the courts …
Eenie, Meenie, Miney, Mo: The Cost Of Not Including Domestic Violence Shelters Within The Definition Of Dwelling, Arielle Denis
Eenie, Meenie, Miney, Mo: The Cost Of Not Including Domestic Violence Shelters Within The Definition Of Dwelling, Arielle Denis
Northern Illinois University Law Review
As the law currently stands, domestic violence shelters are not included in the definition of a “dwelling” in Title VIII of the Civil Rights Act of 1968 and, therefore, these shelters can turn away any protected class. This Comment argues domestic violence shelters must be considered a “dwelling” within Title VIII before a 2010 amendment to the Illinois Human Rights Act, adding “order of protection status” as a protected class, can be effective.
Religion / State: Where The Separation Lies, Vincent J. Samar
Religion / State: Where The Separation Lies, Vincent J. Samar
Northern Illinois University Law Review
Recent U.S. Supreme Court decisions regarding the scope of the Establishment Clause have failed to provide a clear framework for determining what government actions are prohibited. Part of the problem concerns what kinds of actions constitute an establishment of religion. What criteria should determine the boundaries of an establishment challenge? Are governmental actions that may only indirectly affect religion (either positively or negatively) prohibited? This article aims to provide a coherent and normatively justified understanding of the Establishment Clause to help answer these questions by considering not just the history of the Clause or the cases the Court has decided …
The Forgotten Jurisdiction, John C. Massaro
The Forgotten Jurisdiction, John C. Massaro
Northern Illinois University Law Review
This article is the first exclusively devoted to analyzing nine over-looked words in Article III of the Constitution. While there has been extensive mining of most of the three sentences in Article III that the framers used to describe the role and jurisdiction of the federal courts, little, if any, attention has previously been given to the “affecting jurisdiction,” which is the second of the nine heads of jurisdiction and the first of the two forms of Supreme Court original jurisdiction. Examining the language and structure of Article III, the proceedings at the constitutional convention, the ratification debates, and the …
Substantive Reasonableness Review Of Federal Criminal Sentences: A Proposed Standard, Tim Cone
Substantive Reasonableness Review Of Federal Criminal Sentences: A Proposed Standard, Tim Cone
Northern Illinois University Law Review
After the United States Supreme Court announced in United States v. Booker that, henceforth, federal criminal sentences would be re-viewed for “reasonableness,” it instructed that appellate courts could review sentences for “substantive reasonableness.” However, its observations about “substantive reasonableness” review have not congealed into concrete parameters. As a result, a circuit conflict exists regarding “substantive reasonableness” review, some circuits holding that the re-weighing of sentencing factors is a legitimate part of substantive reasonableness review, while others holding it is not. This Article argues the re-weighing of sentencing factors should not be a part of substantive reasonableness review. It proposes that …
Pa-'Trolling' The False Marking Frontier: Giving Section 292 The Proper Makeover In Wake Of The America Invents Act, Kevin Zickterman
Pa-'Trolling' The False Marking Frontier: Giving Section 292 The Proper Makeover In Wake Of The America Invents Act, Kevin Zickterman
Northern Illinois University Law Review
Prohibiting false patent marking on various products and goods is not a new concept in intellectual property law. For the last 170 years, laws have been on the books to prevent individuals and manufacturers from deceiving the public, inventors, and other manufacturers into believing that an item or its design retains certain patent rights by law. But in passing the Leahy-Smith America Invents Act, a monumental piece of patent legislation on numerous levels, sweeping changes were made to long-standing false marking law and its concepts. This Comment takes a step back to explore the recent explosion of false marking litigation …
Collateral Matters: Housing Code Compliance In The Mortgage Crisis, Kermit J. Lind
Collateral Matters: Housing Code Compliance In The Mortgage Crisis, Kermit J. Lind
Northern Illinois University Law Review
This article begins by describing the paradigm shift in mortgage loan servicing produced over the past two decades by securitization and exotic financing products using residential property for collateral. It shows how current mortgage servicing and debt collection practices ignore mortgage collateral and renders conventional housing code compliance procedures obsolete. It then suggests that new strategic thinking is needed to redesign and retool code compliance processes. Residential neighborhoods and communities need to protect themselves against the wanton lending and servicing practices produced in the wake of the mortgage disaster. There is still immanent disaster not only from the new financial …
Then I Saw The Contract, Now I'M A Believer: Why "Concept Groups" Are "Works For Hire" And Cannot Invoke Statutory Termination Rights After 2013, Daniel Porter
Northern Illinois University Law Review
The year 2013 will mark the first opportunity for musicians to exercise the copyright assignment termination rights granted by § 203 of the Copyright Act of 1976. In theory, exercising these termination rights will allow artists to reclaim the rights to their songs and albums which they had to assign to the various record companies as a means of recording, publishing, and selling their music. Artists that invest their creativity, musical talent, and time into making a successful record deserve to ultimately reap the benefits that flow from that success. On the other hand, artists that merely record songs written …
Vol. 32, No. 3, Summer 2012: Table Of Contents And Masthead, Northern Illinois University Law Review
Vol. 32, No. 3, Summer 2012: Table Of Contents And Masthead, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Avoiding A Lawyers' Race To The Foreclosure Bottom: Some Advice To Lawyers For Lenders And Borrowers On Their Roles In Foreclosure Litigation, James Geoffrey Durham
Avoiding A Lawyers' Race To The Foreclosure Bottom: Some Advice To Lawyers For Lenders And Borrowers On Their Roles In Foreclosure Litigation, James Geoffrey Durham
Northern Illinois University Law Review
Lawyers for lenders and borrowers are joining their clients in questionable actions in foreclosure litigation as a massive number of borrower defaults have led to a flood of lawsuits. This article describes some of the practices lawyers for lenders and borrowers have undertaken in this race to the bottom likely rationalized by “the ends justify the means” and “everyone else is doing it, why can’t I?” It goes on to outline the minimum standards set by the rules of legal ethics and to describe just what foreclosure lawyers should be doing. The lessons are not new, but the foreclosure crisis …
Pawing Their Way To The Supreme Court: The Evidence Required To Prove A Narcotic Detection Dog's Reliability, Monica Fazekas
Pawing Their Way To The Supreme Court: The Evidence Required To Prove A Narcotic Detection Dog's Reliability, Monica Fazekas
Northern Illinois University Law Review
Historically, courts have given great deference to the anatomical scent detectors from which the canine’s heightened sense of smell derives. In 2005, the Supreme Court supported this position and held that a drug detection dog’s sniff did not constitute a search under the Fourth Amendment. The Court partially based its reasoning on the classification of the dog sniff as sui generis. With this holding, courts began admitting evidence of a drug detection dog’s alert to narcotics to constitute the requisite probable cause for an officer’s search. Virtually every circuit allows a canine alert to establish such probable cause by presenting …
Barking Up The Wrong Tree: Companion Animals, Emotional Damages And The Judiciary's Failure To Keep Pace, Sabrina Defabritiis
Barking Up The Wrong Tree: Companion Animals, Emotional Damages And The Judiciary's Failure To Keep Pace, Sabrina Defabritiis
Northern Illinois University Law Review
What is the value of afternoon walks in the park? Evenings spent relaxing on a living room sofa? A wet face licking and waging tail every day when you come home? If posed to a pet owner, the answer to these three questions will likely be one word: priceless. Recovery at law for the death or injury to a pet, however, not only has a price, but that price is measured solely by the pet's market value. The role companion animals serve in the American household has evolved: Once property used to derive an economic benefit; pets are now family …
Cost And Punishment: Reassessing Incarceration Costs And The Value Of College-In-Prison Programs, Gregory A. Knott
Cost And Punishment: Reassessing Incarceration Costs And The Value Of College-In-Prison Programs, Gregory A. Knott
Northern Illinois University Law Review
This article is the first study examining college-in-prison programs as part of the cost-reducing and risk-management trends currently dominant in criminal justice systems. The article concedes that a college programs will not be of benefit to every inmate and may confer benefits on politically unpopular constituencies, but argues that such educational offerings are nevertheless a powerful tool for reducing recidivism and incarceration costs.
Drivers License Suspension For Offenses Not Involving A Motor Vehicle In Illinois: An Irrational Application Of The Rational Basis Test, Colby Hathaway
Drivers License Suspension For Offenses Not Involving A Motor Vehicle In Illinois: An Irrational Application Of The Rational Basis Test, Colby Hathaway
Northern Illinois University Law Review
The focus of this Comment is to look at how the court system in Illinois has treated substantive due process challenges to state statutes that require revocation or suspension of a driver's license when no motor vehicle was involved in the offense. The Supreme Court of Illinois has heard several cases on this issue, and the results have been inconsistent. The Court first held that license revocation for those charged with delivery of a controlled substance was unconstitutional, and then later held that license suspension for consumption of alcohol by a minor was constitutional. This inconsistency has also given rise …
Movsesian V. Victoria Vericherung And The Scope Of The President's Foreign Affairs Power To Preempt Words, Cindy Galway Buys, Grant Gorman
Movsesian V. Victoria Vericherung And The Scope Of The President's Foreign Affairs Power To Preempt Words, Cindy Galway Buys, Grant Gorman
Northern Illinois University Law Review
This article addresses the continuing struggle of the federal courts to define the scope of the federal government’s foreign affairs power to preempt state law. Recently, the Ninth Circuit Court of Appeals did an about face in Movsesian v. Victoria Versicherung, which involved a claim that a California statute using the phrase “Armenian Genocide” is preempted by a few informal nonbinding statements of executive policy made to Congress objecting to the use of those words in Congressional resolutions. In Movsesian I, the Ninth Circuit found the California statute preempted in a decision that would have expanded the federal government’s foreign …
Vol. 32, No. 2, Spring 2012: Table Of Contents And Masthead, Northern Illinois University Law Review
Vol. 32, No. 2, Spring 2012: Table Of Contents And Masthead, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Watching The Watchmen: The People's Attempt To Hold On-Duty Law Enforcement Officers Accountable For Misconduct And The Illinois Law That Stands In Their Way, Robert J. Tomei Jr.
Watching The Watchmen: The People's Attempt To Hold On-Duty Law Enforcement Officers Accountable For Misconduct And The Illinois Law That Stands In Their Way, Robert J. Tomei Jr.
Northern Illinois University Law Review
In the days when police brutality and public official corruption pump through the veins of society as a fermenting virus, a critical analysis of a controversial law curtailing efforts to intensify public awareness of government official transgressions is undertaken. In the great State of Illinois, legislative amendments to the Illinois Eavesdropping Act have established a moratorium on the audio recording, without prior consent, of any judge, state's attorney or law enforcement officer while in the performance of his or her official duties, regardless of whether or not the public official(s) had any objective, justifiable or reasonable expectation of privacy when …
Extracting Lessons From Illinois' 2010 Special Election Fiasco: A Closer Look At The Seventh Circuit's Decision In Judge V. Quinn And The Special Election Requirement Of The Seventeenth Amendment, Furqan Mohammed
Northern Illinois University Law Review
This Note discusses the recent Seventh Circuit decision in Judge v. Quinn, in which the Seventh Circuit unanimously set aside Illinois' Election Code under the Seventeenth Amendment because of the manner in which they filled vacant seats for U.S. Senator. This issue arose when then-Senator Barack Obama resigned from the Senate in November, 2008, to become President. When he resigned, Roland Burris was appointed to fill the seat. Illinois was not planning to hold a special election to fill Obama's seat because under Illinois Election Code, a special election to fill a vacant senate seat could only occur with the …