Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 22 of 22
Full-Text Articles in Law
Two Figures In The Picture: How An Old Legal Practice Might Solve The Puzzle Of Lost Punitive Damages In Legal Malpractice, John M. Bickers
Two Figures In The Picture: How An Old Legal Practice Might Solve The Puzzle Of Lost Punitive Damages In Legal Malpractice, John M. Bickers
Northern Illinois University Law Review
When lawyers err, clients must pay the price. If a lawyer's action, or inaction, prevents a client from succeeding in a lawsuit, the lawyer must pay the amount necessary to make the client whole. But what does it mean to make the client whole? A puzzle appears when a finder of fact in a legal malpractice case determines that punitive damages in the original lawsuit were appropriate. Punitive damages are not meant to restore the client to her original position. By definition, they are meant to punish the original defendant for the egregiousness of his conduct. The plaintiff receives them …
Privately Funded Family Medical Leave?, Bernie D. Jones
Privately Funded Family Medical Leave?, Bernie D. Jones
Northern Illinois University Law Review
Upon the twentieth anniversary of the passage of the Family Medical Leave Act of 1993, activists have been pressed to correct its failure to grant American workers federally funded paid leave similar to those found in other nations that offer expansive social programming. Recent developments indicate, though, that supporters of paid leave might be more successful at the state level, not the federal one. Nonetheless, federally funded paid leave is presented as a pressing civil rights issue. In this article, I suggest an alternative, a property theory of paid family leave, founded upon a newer formulation of pension benefits: private …
The U.C.C. And Perfection Issues Relating To Farm Products, Robert D'Agostino, Bruce Gordon Luna Ii
The U.C.C. And Perfection Issues Relating To Farm Products, Robert D'Agostino, Bruce Gordon Luna Ii
Northern Illinois University Law Review
The Uniform Commercial Code (the U.C.C.), first proposed in 1952, is designed to harmonize the various state laws dealing with commercial transactions. To date, the U.C.C. has been adopted in all fifty states. Article 9 of the U.C.C. governs the creation of security interests in personal property that is pledged in exchange for debt. Primarily, Article 9 covers the creation of an enforceable security interest, referred to as attachment, the legal process of notification of a security interest to other creditors, known as perfection, the priority among secured creditors over claims to collateral, and the secured creditor's remedies for failure …
Shuttered: An Examination Of How The 2013 Chicago Public School Closings Are Denying Special Education Students The Right To An Appropriate Public Education, Michael Toren
Northern Illinois University Law Review
Recently, the Chicago Public School system faced financial crisis as it struggled to balance severe budget cuts against overwhelming pension obligations. CPS responded to the crisis by immediately closing forty-nine elementary schools and terminating the employment of thousands of teachers and support staff. The displaced students, including many with special needs, were hastily transferred to surrounding schools without meaningful evaluation of the impact of the closings or the resources the receiving schools could provide. After a brief history of the disability rights movement, special education laws, and the crisis that led to the CPS closings, this Comment argues that the …
The Fourteenth Amendment: A Structural Waiver Of State Sovereign Immunity From Constitutional Tort Suits, Travis Gunn
The Fourteenth Amendment: A Structural Waiver Of State Sovereign Immunity From Constitutional Tort Suits, Travis Gunn
Northern Illinois University Law Review
The Supreme Court's state sovereign immunity jurisprudence has undergone a fundamental change. Although the Immunity Theory of the Eleventh Amendment remains the approved methodology for assessing a State's sovereign immunity from suit, the modern Court has transformed state sovereign immunity into a constitutionally-derived aspect of the States' sovereignty, detached from the Eleventh Amendment's text. This Article explores what has been overlooked by other commentators: in detaching state sovereign immunity from the Eleventh Amendment's text, the modern Court used new analytical tools to justify the scope of state sovereign immunity. The modern Immunity Theory now emphasizes constitutional structure and constitutional history …
Dna Real Estate: The Myriad Genetics Case And The Implications Of Granting Patent Eligibility To Complimentary Dna, Sarah Elizabeth Hagan
Dna Real Estate: The Myriad Genetics Case And The Implications Of Granting Patent Eligibility To Complimentary Dna, Sarah Elizabeth Hagan
Northern Illinois University Law Review
In June 2013, in Ass'n for Molecular Pathology et. al., v. Myriad Genetics, Inc., the Supreme Court examined the patent eligibility of isolated (human) DNA and its components. This was in response to advances in breast cancer prescreening surrounding mutations associated with the BRCA1 and BRCA2 genes. In accordance with 35 U.S.C. §101, the Court evaluated whether naturally occurring segments of DNA and synthetically created segments of v DNA were patent eligible. The Court found that while isolated natural DNA segments were patent ineligible, synthetically created DNA segments were not precluded. This Note examines the potential economic and ethical implications …
The Clash Between Science And The Law: Can Science Save Nineteen-Year-Old Dzhokhar Tsarnaev's Life?, Andrea Maciver
The Clash Between Science And The Law: Can Science Save Nineteen-Year-Old Dzhokhar Tsarnaev's Life?, Andrea Maciver
Northern Illinois University Law Review
The Supreme Court of the United States has found that youth under the age of 18 are fundamentally different than adults in ways that impact how they should be punished for their crimes. In Roper v. Simmons, Graham v. Florida, and Miller v. Alabama, the Supreme Court ruled that it is cruel and unusual punishment to sentence youth under the age of 18 to death, to life without the possibility of parole for nonhomicide crimes, and to automatic life without the possibility of parole for homicide crimes (respectively). However, the underlying scientific studies that the Supreme Court relied on in …
Vol. 35, No. 1, Fall 2014: Table Of Contents, Northern Illinois University Law Review
Vol. 35, No. 1, Fall 2014: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Vol. 34, No. 3, Summer 2014: Table Of Contents, Northern Illinois University Law Review
Vol. 34, No. 3, Summer 2014: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
A Doctrine Of Sameness, Not Federalism: How The Supreme Court's Application Of The "Equal Sovereignty" Principle In Shelby County V. Holder Undermines Core Constitutional Values, Samuel Spital
Northern Illinois University Law Review
In Shelby County v. Holder, the Supreme Court eviscerated section 5 of the Voting Rights Act, a powerful remedy that applied to certain states and localities, which were identified by Section 4(b) of the Act. The Court held that section 4(b) violated “the principle that all States enjoy equal sovereignty.” I submit that Shelby County conflates sameness with equality, and that it constitutes a radical departure from precedent in three areas: (a) separation of powers; (b) federalism; and (c) the rules of adjudication for facial challenges. The decision is a major setback to civil rights. Ironically, it also provides an …
To Make Freedom Happen: Shelby County V. Holder, The Supreme Court, And The Creation Myth Of American Voting Rights, Aderson Bellegarde Francois
To Make Freedom Happen: Shelby County V. Holder, The Supreme Court, And The Creation Myth Of American Voting Rights, Aderson Bellegarde Francois
Northern Illinois University Law Review
There has never been a moment in American history when federal intervention, supervision, or enforcement was not necessary to guarantee full and meaningful voting rights for African Americans. Yet, since ratification of the Fifteenth Amendment, providing that states shall not deny the right to vote on the basis of race, the United States Supreme Court, when deciding questions of the legitimacy of federal enforcement of voting rights, has always reached for a narrative of federalism that cast federal intervention as a historical aberration at best and a constitutional perversion at worst. Since passage of the Voting Rights Act of 1965 …
Towards A Post-Shelby County Section 5 Where A Constitutional Coverage Formula Does Not Reauthorize The Effects Test, Joshua P. Thompson
Towards A Post-Shelby County Section 5 Where A Constitutional Coverage Formula Does Not Reauthorize The Effects Test, Joshua P. Thompson
Northern Illinois University Law Review
In Shelby County v. Holder, the Supreme Court struck down the decades-old coverage formula that triggered section 5 of the Voting Rights Act. Before the ink was dry on that opinion, efforts were underway to breathe new life into section 5. Calls for a legislative solution were immediate, and soon after that legislation creating a new coverage formula was proposed. Additionally, the Department of Justice brought a lawsuit that, if successful, will require the State of Texas to once again submit to preclearance. Thus, the issue that the Supreme Court avoided in Shelby County “ the constitutionality of section 5 …
“Whoa”-Ing Equine Clones’ Registration: Establishing Procompetitive Benefits To Counter The Anticompetitive Argument Against American Quarter Horse Association’S Ban On Clones, Alyssa Freeman
Northern Illinois University Law Review
This Note examines Abraham and Veneklasen Joint Venture v. American Quarter Horse Association, in which a United States district court ruled that the American Quarter Horse Association’s rule banning clones of registered quarter horses from also being registered violated section 1 of the Sherman Antitrust Act. The author explores potential procompetitive justifications that AQHA has established for its rule, including the negative impact clones would likely have on the genetic variation of the breed and genetic diseases. The author argues that the district court erred by overlooking the plausibility of the justifications and that the rule of reason analysis should …
Modern Private Data Collection And National Security Agency Surveillance: A Comprehensive Package Of Solutions Addressing Domestic Surveillance Concerns, Shaina Kalanges
Modern Private Data Collection And National Security Agency Surveillance: A Comprehensive Package Of Solutions Addressing Domestic Surveillance Concerns, Shaina Kalanges
Northern Illinois University Law Review
Each day as we add cell phone apps, adopt trending tweets, or ask Siri for assistance, our information is being captured, stored, and even analyzed for repackaging in a profile. Private companies are working very hard to find the best ways to read consumers in the digital world to target them for advertisement. Meanwhile, the National Security Agency (NSA) is working very hard to stay connected to these big data collection methods to find the best way to target individuals for surveillance. This Comment provides insight into modern methods of NSA surveillance through examining section 215 USA Patriot Act and …
Introduction To The Northern Illinois College Of Law 2014 Symposium Shelby County V. Holder: A New Perspective On Voting Rights, Marissa Liebling
Introduction To The Northern Illinois College Of Law 2014 Symposium Shelby County V. Holder: A New Perspective On Voting Rights, Marissa Liebling
Northern Illinois University Law Review
The introduction of state level voting laws in recent years is arguably unprecedented in both quantity and content, at least since the turn of the last century. This Article provides a background on legislative trends in order to give context to the thoughtful articles in this issue. First, the Article sets forth the types of recent laws that may serve as a barrier to voting, including felon disenfranchisement, proof of citizenship requirements, limits on voter registration drives and other registration practices, and voter identification laws. It next describes the countervailing trend towards increased legislation that expands voting opportunities and modernizes …
“Passing The Trash” In Illinois After Doe-3 V. Mclean County Unit District No. 5: A Proposal For Legislation To Prevent School Districts From Handing Off Sexually Abusive Employees To Other School Districts, Noah Menold
Northern Illinois University Law Review
In school districts throughout the United States, school administrations often conceal employee-on-student sexual misconduct and allow the perpetrators to resign and continue their abuse of students at other school districts. The practice is known as “passing the trash.” In Doe-3 v. McLean County Unit District No. 5, the Illinois Supreme Court addressed a case of “passing the trash” and held that a school district does not owe an affirmative duty to a subsequent school district employer or its students; however, the court determined that a school district has a duty to provide accurate information about former employees. In an effort …
An Inconsistent Truth: The Various Establishment Clause Tests As Applied In The Context Of Public Displays Of (Allegedly) "Religious" Symbols And Their Applicability Today, Emily Fitch
Northern Illinois University Law Review
This Comment examines the heavily-discussed topic of the establishment clause of the First Amendment, and explores how the clause relates to the public display of religious symbols. This Article discusses the four Establishment Clause tests: the Lemon Test from Lemon v. Kurtzman; the Endorsement Test from Lynch v. Donnelly; the Coercion Test from Allegheny County v. Greater Pittsburgh ACLU; and the Van Orden Test from Van Orden v. Perry. This Comment analyzes each of the four tests to determine which test is best suited to evaluate the constitutionality of the public display of a religious symbol.
Public Opinion And The Limits Of State Law: The Case For A Federal Usury Cap, Nathalie Martin
Public Opinion And The Limits Of State Law: The Case For A Federal Usury Cap, Nathalie Martin
Northern Illinois University Law Review
Each year, states pour millions and millions of dollars of taxpayer money into regulating high-cost credit products like payday, title, and installment loans. These loans typically carry interest rates of 400-1,000% per annum. Most Americans are unaware that it is legal to charge these rates in some states. Moreover, most Americans, regardless of political affiliation, favor capping interest on consumer loans at 36% or less. While a number of states do cap interest on all consumer loans at 36% or less, the majority does not; the majority chooses instead to leave these loans unregulated or to use another regulatory approach. …
Physical And Financial Injuries: The Common Fund Doctrine And Its Application Under The Illinois Health Care Services Lien Act, Ayla Ellison
Physical And Financial Injuries: The Common Fund Doctrine And Its Application Under The Illinois Health Care Services Lien Act, Ayla Ellison
Northern Illinois University Law Review
Under the Illinois Health Care Services Lien Act, hospitals and healthcare providers do not directly contribute to plaintiff attorneys' fees in cases where they will benefit from a judgment or settlement. Medical liens allow healthcare providers and healthcare professionals to recoup payment for services they have rendered to an injured patient, and under the current scheme in Illinois, healthcare providers are being unjustly enriched by receiving benefits from settlements and litigation that they did not financially contribute to. The use of the Common Fund Doctrine, with healthcare professional and healthcare provider contribution, will prevent this unjust enrichment from occurring.
Vol 34, No. 2, Spring 2014: Table Of Contents, Northern Illinois University Law Review
Vol 34, No. 2, Spring 2014: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Between Killing And Letting Die In Criminal Jurisprudence, Roni Rosenberg
Between Killing And Letting Die In Criminal Jurisprudence, Roni Rosenberg
Northern Illinois University Law Review
The distinction between act and omission is deeply embedded in our legal thinking. Criminal jurisprudence distinguishes sharply between harmful actions and harmful omissions and, consequently, between killing and letting die. The distinction between act and omission is not made solely under criminal jurisprudence as it is rooted in the foundations of common morality, which emphasizes not only the results but also the conduct that produced those results. Nevertheless, since the beginning of the 1960s, there has been a significant movement to attack and criticize the moral distinction between killing and letting die. The primary question is whether there is, in …
Rethinking The Validity Of State Religions: Is Antiestablishmentarianism A Fundamental Prerequisite For The Protection Of Religious Rights Under International Human Rights Law?, Julia L. Ernst
Northern Illinois University Law Review
State religions exist in various forms in approximately forty percent of countries, including Denmark, Greece, and the United Kingdom. Despite the benefits that the establishment of religion may bring to some people, this church-state arrangement violates internationally recognized human rights in a number of ways. Yet antiestablishmentarianism” otherwise known as the doctrine of separation of church and state”is not currently recognized as necessary for the protection of religious rights. This Article argues that antiestablishmentarianism is a fundamental prerequisite for the protection of religious rights under international human rights law. Following the introduction in Part I of the Article, Part II …