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Full-Text Articles in Law
Vol. 3 No. 1, Fall 2011; “If You Could Say It In Words, There’D Be No Reason To Paint”: Recovering Beloved Works Of Art Through Civil Forfeiture, Patricia Ruiz
Northern Illinois Law Review Supplement
This Comment analyzes the benefits of the use of civil forfeiture on pieces of art and cultural property looted by the Nazi party during World War II. This Comment begins by discussing the barriers to repossession that claimants face in seeking traditional civil and criminal remedies. Then, this Comment explains the civil forfeiture process and how it applies to situations of Nazi-looted art. Finally, this Comment argues that civil forfeiture offers the best protection of original owners' rights by discussing the benefits of civil forfeiture proceedings, the due process objections against the use of civil forfeiture on Nazi-looted art, and …
Article I Courts, Substantive Rights, And Remedies For Government Misconduct, David A. Case
Article I Courts, Substantive Rights, And Remedies For Government Misconduct, David A. Case
Northern Illinois University Law Review
This article argues that Article I courts can use equitable principles to provide individuals who have been victimized by corrupt behavior of government attorneys with a remedy. Article III courts have struggled to define the powers of Article I courts in a way that does not do violence to the petition clause, the appropriations clause, or the takings clause, sometimes concluding that petitioners were entitled to no relief when the government had violated some right of the petitioners. After tracing the development of claims against the government in general, and in the extant Article I courts, the article employs Professors …
Protection Of Farmers In Grain Elevator Bankruptcies, Justin E. Bauer, D.L. Uchtmann
Protection Of Farmers In Grain Elevator Bankruptcies, Justin E. Bauer, D.L. Uchtmann
Northern Illinois University Law Review
The authors discuss the problem of legal protection of the farmer-producer in the event of a grain elevator insolvency. The article focuses upon recent federal and state legislative responses to this escalating legal and political dilemma.
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.