Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 32

Full-Text Articles in Law

Eviction Court And A Judicial Duty Of Inquiry, Harold J. Krent Sep 2015

Eviction Court And A Judicial Duty Of Inquiry, Harold J. Krent

Harold J. Krent

ABSTRACT

The Illinois Appellate Court in Draper & Kramer v. King reversed a court ordered eviction on the ground that the tenant likely did not appreciate that she had agreed in a settlement to vacate her residence in addition to paying arrears on rent. In the chaotic environment of eviction court proceedings, tenants too often pledge paying back rent without realizing that, at the same time, they have agreed to be evicted and that the court ordered eviction will follow them for the rest of their lives. In Chicago, at least, the potential for confusion is enhanced because the agreed …


Meeting The Experiential Challenge: A Fee-Generating Law Clinic (With Gary S. Laser), Harold Krent Jul 2015

Meeting The Experiential Challenge: A Fee-Generating Law Clinic (With Gary S. Laser), Harold Krent

Harold J. Krent

No abstract provided.


Federal Power, Non-Federal Actors: The Ramifications Of Free Enterprise Fund, Harold J. Krent Dec 2010

Federal Power, Non-Federal Actors: The Ramifications Of Free Enterprise Fund, Harold J. Krent

Harold J. Krent

In Free Enterprise Fund v. Public Company Accounting Oversight Board the Supreme Court invalidated Congress’s decision to protect members of the Board from at will removal by the Securities and Exchange Commission, whose members in turn are protected from at will removal at the hands of the President. In the Court’s view, the congressional structure – in particular, the double layer of tenure insulation -- undermined the Article II imperative that all exercises of significant executive authority be subject to strong supervision by the President. The Court’s insistence in Free Enterprise Fund on formal presidential control over an inferior executive …


Whose Business Is Your Pancreas?: Potential Privacy Problems In New York City's Mandatory Diabetes Registry (With N. Gingo Et Al.), Harold Krent Dec 2007

Whose Business Is Your Pancreas?: Potential Privacy Problems In New York City's Mandatory Diabetes Registry (With N. Gingo Et Al.), Harold Krent

Harold J. Krent

New York City authorities in 2006 formulated a policy requiring that medical data from all diabetics in the City be stored in a centralized registry. This diabetic registry is the first in the nation to require collection of personal testing data for the purpose of monitoring treatments for a noninfectious disease. The registry represents an important step on the path toward better understanding and managing of the disease.

Nonetheless, establishment of the registry threatens privacy in a number of ways. Many individuals are open about their diabetes, but others prefer to keep that information to themselves, whether because of concerns …


The Lamentable Notion Of Indefeasible Presidential Powers: A Reply To Professor Prakash, Harold J. Krent Feb 2006

The Lamentable Notion Of Indefeasible Presidential Powers: A Reply To Professor Prakash, Harold J. Krent

Harold J. Krent

No abstract provided.


The Continuity Principle, Administrative Constraint, And The Fourth Amendment, Harold J. Krent Feb 2005

The Continuity Principle, Administrative Constraint, And The Fourth Amendment, Harold J. Krent

Harold J. Krent

No abstract provided.


Leadership Opportunities Hiding In Plain View (With Ronald W. Staudt), Harold J. Krent Jan 2004

Leadership Opportunities Hiding In Plain View (With Ronald W. Staudt), Harold J. Krent

Harold J. Krent

No abstract provided.


Conditioning The President's Conditional Pardon Power, Harold J. Krent Feb 2001

Conditioning The President's Conditional Pardon Power, Harold J. Krent

Harold J. Krent

No abstract provided.


Laidlaw: Redressing The Law Of Redressability, Harold J. Krent Feb 2001

Laidlaw: Redressing The Law Of Redressability, Harold J. Krent

Harold J. Krent

No abstract provided.


Judging Judging: The Problem Of Second-Guessing State Judges' Interpretation Of State Law In Bush V. Gore, Harold Krent Jan 2001

Judging Judging: The Problem Of Second-Guessing State Judges' Interpretation Of State Law In Bush V. Gore, Harold Krent

Harold J. Krent

No abstract provided.


Federal Agency Ombuds: The Costs, Benefit And Countenance Of Confidentiality, Harold J. Krent Feb 2000

Federal Agency Ombuds: The Costs, Benefit And Countenance Of Confidentiality, Harold J. Krent

Harold J. Krent

No abstract provided.


Monitoring Governmental Disposition Of Assets: Fashioning Regulatory Substitutes For Market Controls (With N. Zeppos), Harold Krent Jan 1999

Monitoring Governmental Disposition Of Assets: Fashioning Regulatory Substitutes For Market Controls (With N. Zeppos), Harold Krent

Harold J. Krent

No abstract provided.


How To Move Beyond The Exclusionary Rule: Structuring Judicial Response To Legislative Reform Efforts, Harold J. Krent Jan 1999

How To Move Beyond The Exclusionary Rule: Structuring Judicial Response To Legislative Reform Efforts, Harold J. Krent

Harold J. Krent

No abstract provided.


Foreword: The Legacy Of Chancellor Kent, Harold J. Krent Feb 1998

Foreword: The Legacy Of Chancellor Kent, Harold J. Krent

Harold J. Krent

No abstract provided.


The Supreme Court As An Enforcement Agency, Harold J. Krent Jan 1998

The Supreme Court As An Enforcement Agency, Harold J. Krent

Harold J. Krent

No abstract provided.


Should Bouie Be Buoyed? Judicial Retroactive Lawmaking And The Ex Post Facto Clause (Symposium), Harold J. Krent Feb 1997

Should Bouie Be Buoyed? Judicial Retroactive Lawmaking And The Ex Post Facto Clause (Symposium), Harold J. Krent

Harold J. Krent

No abstract provided.


Reviewing Agency Action For Inconsistency With Prior Rules And Regulations, Harold J. Krent Feb 1997

Reviewing Agency Action For Inconsistency With Prior Rules And Regulations, Harold J. Krent

Harold J. Krent

No abstract provided.


Turning Congress Into An Agency: The Propriety Of Requiring Legislative Findings, Harold Krent Jan 1996

Turning Congress Into An Agency: The Propriety Of Requiring Legislative Findings, Harold Krent

Harold J. Krent

No abstract provided.


The Puzzling Boundary Between Criminal And Civil Retroactive Lawmaking, Harold J. Krent Jan 1996

The Puzzling Boundary Between Criminal And Civil Retroactive Lawmaking, Harold J. Krent

Harold J. Krent

No abstract provided.


The Failed Promise Of Regulatory Variables, Harold J. Krent Feb 1995

The Failed Promise Of Regulatory Variables, Harold J. Krent

Harold J. Krent

No abstract provided.


Of Diaries And Data Banks: Use Restrictions Under The Fourth Amendment, Harold J. Krent Feb 1995

Of Diaries And Data Banks: Use Restrictions Under The Fourth Amendment, Harold J. Krent

Harold J. Krent

No abstract provided.


The Fee Shifting Remedy: Panacea Or Placebo? (Foreward), Harold Krent Jan 1995

The Fee Shifting Remedy: Panacea Or Placebo? (Foreward), Harold Krent

Harold J. Krent

No abstract provided.


Anthologizing The Administrative State, Harold J. Krent Jan 1994

Anthologizing The Administrative State, Harold J. Krent

Harold J. Krent

No abstract provided.


Delegation And Its Discontents (Reviewing David Schoenbrod, Power Without Responsibility, Harold J. Krent Jan 1994

Delegation And Its Discontents (Reviewing David Schoenbrod, Power Without Responsibility, Harold J. Krent

Harold J. Krent

No abstract provided.


Of Citizen Suits And Citizen Sunstein (With E. Shenkman), Harold J. Krent Feb 1993

Of Citizen Suits And Citizen Sunstein (With E. Shenkman), Harold J. Krent

Harold J. Krent

No abstract provided.


Fee Shifting Under The Equal Access To Justice Act -- A Qualified Success, Harold Krent Jan 1993

Fee Shifting Under The Equal Access To Justice Act -- A Qualified Success, Harold Krent

Harold J. Krent

No abstract provided.


Explaining One-Way Fee Shifting, Harold J. Krent Jan 1993

Explaining One-Way Fee Shifting, Harold J. Krent

Harold J. Krent

No abstract provided.


Reconceptualizing Sovereign Immunity, Harold J. Krent Feb 1992

Reconceptualizing Sovereign Immunity, Harold J. Krent

Harold J. Krent

No abstract provided.


Preserving Discretion Without Sacrificing Deterrence: Federal Governmental Liability In Tort, Harold J. Krent Feb 1991

Preserving Discretion Without Sacrificing Deterrence: Federal Governmental Liability In Tort, Harold J. Krent

Harold J. Krent

No abstract provided.


Fragmenting The Unitary Executive: Congressional Delegations Of Administrative Authority Outside The Federal Government, Harold J. Krent Jan 1990

Fragmenting The Unitary Executive: Congressional Delegations Of Administrative Authority Outside The Federal Government, Harold J. Krent

Harold J. Krent

No abstract provided.