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Full-Text Articles in Law
Caplin & Drysdale, Chartered V. United States: Seizing Attorney Fees-Frozen Assets Or Frozen Justice? The Sixth Amendment Right To Counsel Of Choice Is Given The Cold Shoulder, Anthony G. Vella
Northern Illinois University Law Review
This note examines the United States Supreme Court decision that found confiscation of criminal defense attorney fees under RICO and the continuing criminal enterprise statutes is permissible under the sixth amendment. The Court's reasoning is presented in this note. The note analyzes the Court's decision through the eyes of the dissenters and other commentators opposed to the result. The author concludes that this decision has rendered the sixth amendment right to counsel of choice an insubstantial right and damaged the integrity of the adversary system in our courts.
Settlement Week: Measuring The Promise, James G. Woodward
Settlement Week: Measuring The Promise, James G. Woodward
Northern Illinois University Law Review
Consistent with a growing trend in urban trial courts, the Circuit Court of Cook County, Illinois has experimented with an alternative dispute resolution technique known as Settlement Week. This article examines the experience courts around the nation have had with Settlement Week and reports the findings of an empirical assessment designed to measure Settlement Week's performance as an alternative dispute resolution program in the Circuit Court of Cook County, Illinois.
When Self Abuse Becomes Child Abuse: The Need For Coercive Prenatal Government Action In Response To The Cocaine Baby Problem, Kevin Drendel
When Self Abuse Becomes Child Abuse: The Need For Coercive Prenatal Government Action In Response To The Cocaine Baby Problem, Kevin Drendel
Northern Illinois University Law Review
This Commentary identifies prenatal drug exposure of infants as a problem with which our society must come to terms. The judicial system is capable of providing solutions, but a void of appropriate legislation hampers that ability. Among the legal vehicles available are criminal laws, child abuse and neglect laws, civil and criminal injunctions, and involuntary commitment laws. A balancing of the maternal, societal, and fetal interests involved can be accomplished on a case by case basis in the absence of enabling and guiding legislation. However, legislation in this highly sensitive area is a better way. This commentary explores the problem, …
Waiver Of Constitutional Issues In Criminal Cases: Confusion In The Illinois Supreme Court, Timothy P. O'Neill
Waiver Of Constitutional Issues In Criminal Cases: Confusion In The Illinois Supreme Court, Timothy P. O'Neill
Northern Illinois University Law Review
For years, a serious problem has faced an Illinois criminal defendant who challenged the constitutionality of the statute supporting his conviction for the first time on appeal. Two contradictory lines of Illinois Supreme Court authority came to opposite conclusions on whether the issue had been waived. This article examines the failure of the Illinois Supreme Court squarely to confront this issue.
Clayton V. Place: Dancing Around The Establishment Clause -- Religion In The Public Schools, Paul T. Donahue
Clayton V. Place: Dancing Around The Establishment Clause -- Religion In The Public Schools, Paul T. Donahue
Northern Illinois University Law Review
This note examines the Eighth Circuit Court of Appeal's decision refusing to strike down a public school board rule which prohibited social dancing inside the public schools of Purdy, Missouri. The issue facing the court was how far local religious groups could go in influencing public school policy. The court of appeals reversed the ruling of the trial court which found that the prohibition on social dancing was a result of local religious pressure and thus in violation of the Establishment Clause of the Federal Constitution. The author concludes that the decision of the court of appeals ignored the power …
Legacy Of The Warren And Brandeis Article: The Emerging Unencumbered Constitutional Right To Informational Privacy, Richard C. Turkington
Legacy Of The Warren And Brandeis Article: The Emerging Unencumbered Constitutional Right To Informational Privacy, Richard C. Turkington
Northern Illinois University Law Review
The development of the right to privacy into a constitutional right independent of the fourth amendment is examined from its philosophical and jurisprudential bases. The article also explores the application of the constitutional right to dissemination by the government of intimate or personal information.
Privacy And The Other Miss M, Dorothy Glancy
Privacy And The Other Miss M, Dorothy Glancy
Northern Illinois University Law Review
By contrasting the lawsuits of Marion Manola and Bette Midler, this article demonstrates that the property right, often called the right of publicity, is theoretically based in the right to privacy, as extolled by Warren and Brandeis. The author concludes that it is important to understand the theoretical framework of these rights, and how they fit together, in order to appreciate the reasons for the law's protection of these particular interests.
Protecting Informational Privacy In The Information Society, George B. Trubow
Protecting Informational Privacy In The Information Society, George B. Trubow
Northern Illinois University Law Review
The ways in which technology has affected the right to privacy, through the mass compilation of personal information in public and private databases, are discussed in this article. Further, it suggests ways in which courts and legislatures should respond to the problems created by such compilations, in order both to protect the right to privacy and to promote the beneficial use of technology.
The "Inviolate Personality"--Warren And Brandeis After One Hundred Years: Introduction To A Symposium On The Right Of Privacy, Sheldon W. Halpern
The "Inviolate Personality"--Warren And Brandeis After One Hundred Years: Introduction To A Symposium On The Right Of Privacy, Sheldon W. Halpern
Northern Illinois University Law Review
An analytical groundwork for a discussion of the right to privacy, is provided by this introduction. It presents an overview of the other articles which follow, and it provides commentary on the positions of the other authors who have contributed to this symposium.
Whether Insurers Must Defend Prp Notifications: An Expensive Issue Complicated By Conflicting Court Decisions, Joanna L. Johnson
Whether Insurers Must Defend Prp Notifications: An Expensive Issue Complicated By Conflicting Court Decisions, Joanna L. Johnson
Northern Illinois University Law Review
This comment examines conflicting court interpretations of CGL policy language in the context of Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Potentially Responsible Party notification defense litigation. The author concludes that the lack of uniformity combined with excessive litigation costs indicate the need for channeling defense conflicts into negotiation.
Hedonic Damages: Emerging Issue In Personal Injury And Wrongful Death Claims, Gretchen L. Valentine
Hedonic Damages: Emerging Issue In Personal Injury And Wrongful Death Claims, Gretchen L. Valentine
Northern Illinois University Law Review
This comment provides an overview of hedonic damages by reviewing how they have been measured, when they have been awarded, and what objections have been raised to their recovery. The relationship between hedonic damages and more traditional tort damages is considered. This comment concludes that hedonic damages are a distinct form of injury that may be adequately represented and argued to a jury within the categories of disability or pain and suffering in personal injury claims. In addition, this comment urges that limited hedonic damages be awarded to the victim who is deceased or comatose.
How Privacy Got Its Gender, Anita L. Allen, Erin Mack
How Privacy Got Its Gender, Anita L. Allen, Erin Mack
Northern Illinois University Law Review
This article suggests that the right to privacy, as it was originally described by Warren and Brandeis, reflects their era's gender bias. The authors describe the social, economic and legal background for the original, gender-biased pronouncement of the right, as well as its subsequent development, and how this bias affects legal scholarship in the area today. The authors suggest that legal scholars need to be more sensitive to the gender bias that exists in privacy law, and that alternative analyses which recognize this bias already exist.
Quotations And Actual Malice: Bridging The Gap Between Fact And Fiction, Mark A. Byrd
Quotations And Actual Malice: Bridging The Gap Between Fact And Fiction, Mark A. Byrd
Northern Illinois University Law Review
An overview of libel law is presented as a backdrop for an examination of how the law of libel is applied to purported quotations which are inaccurate. The author discusses the approach which was taken by the Ninth Circuit in Masson v. New Yorker Magazine, and concludes that the court applied an inappropriate test. The comment concludes with a recommendation for an appropriate test for libel when the allegedly libelous material is a purported quotation.
Judicial Procedures In Misdemeanor Domestic Assault Cases--A Model Policy, Beverly Balos, Isabel Gomez
Judicial Procedures In Misdemeanor Domestic Assault Cases--A Model Policy, Beverly Balos, Isabel Gomez
Northern Illinois University Law Review
Professor Balos and Judge Gomez combine to produce this model policy dealing with domestic assault cases. The foundation of this policy is the result of research comparing jurisdictions requiring varying degrees of police intervention and court involvement in such cases. The authors conclude that a policy, such as the one proposed here, which mandates arrest of the perpetrator in addition to requiring various police and court procedures is most effective in protecting the rights of the victim as well as the defendant.
Hearsay In Illinois: A New Look At Some Old Problems, John E. Corkery
Hearsay In Illinois: A New Look At Some Old Problems, John E. Corkery
Northern Illinois University Law Review
Based on the premise that the hearsay rule is both fundamental and insufficiently understood, this article discusses the basic principles of this rule of evidence with special emphasis on its application under Illinois law. Both recent and older cases are examined in an attempt to provide guidance to lawyers and judges who deal with these questions.
Law And Information--A Review Of The Electronic Media And The Transformation Of Law, Stephen M. Barkan
Law And Information--A Review Of The Electronic Media And The Transformation Of Law, Stephen M. Barkan
Northern Illinois University Law Review
Professor Barkan critiques the recent work of M. Ethan Katsh and concludes it is a worthy comment and analysis of the often ignored topic of law and information. Professor Barkan takes issue with some of the basic theses in the book but overall finds it to provide some intriguing insights and arguments.
The Scope Of The Public Duty/Special Duty Doctrine In Illinois: Municipal Liability For Failure To Provide Police Protection, David A. Aaby
The Scope Of The Public Duty/Special Duty Doctrine In Illinois: Municipal Liability For Failure To Provide Police Protection, David A. Aaby
Northern Illinois University Law Review
This comment examines the development of the public duty doctrine and its special duty exception. It focuses on Illinois' treatment of the special duty exception and its application in cases involving an alleged failure of a municipality to provide police protection. The author concludes that the "control" element of Illinois' special duty test is overly restrictive, and advocates a balancing approach in its place.
The Bankruptcy Code Requirement Of Compliance With Lease Obligations--Does "All" Mean Everything?, Glenn F. Schmitt
The Bankruptcy Code Requirement Of Compliance With Lease Obligations--Does "All" Mean Everything?, Glenn F. Schmitt
Northern Illinois University Law Review
This article considers the intent of Congress in Bankruptcy Code section 365(d)(3) as it affects the rights of shopping center lessors vis-d-vis their tenants who seek bankruptcy protection. The author concludes the Section should be broadly applied to require such tenants to fully comply with the terms of their leases.
Work For Hire After Ccnv V. Reid: Adequacy Of Protection For Artists And Extent Of The Doctrine's Applicability To Software Developers, Sheila M. Heitke
Work For Hire After Ccnv V. Reid: Adequacy Of Protection For Artists And Extent Of The Doctrine's Applicability To Software Developers, Sheila M. Heitke
Northern Illinois University Law Review
This note examines the United States Supreme Court's decision which set forth the proper analysis for resolving copyright disputes involving the work for hire doctrine. The Court concluded a "literal interpretation" of the governing statute was appropriate. The author contends the literal interpretation, now to be applied by all courts deciding work for hire issues, provides a uniform standard as well as predictability--two paramount objectives of copyright law.
Constitutional Cultures: The Mentality And Consequences Of Judicial Review, Leonard P. Strickman
Constitutional Cultures: The Mentality And Consequences Of Judicial Review, Leonard P. Strickman
Northern Illinois University Law Review
In this book review, Professor Strickman concludes that, overall, Robert Nagel has produced a thought-provoking book that endorses judicial self-restraint by the United States Supreme Court. Although this review challenges some of Nagel's assertions, Strickman maintains this book should be a valuable addition to the libraries of constitutional law scholars.
Patterson V. Mclean Credit Union: Preventing Backdoor Discrimination Actions Or Closing The Door?, Elsa R. Miller
Patterson V. Mclean Credit Union: Preventing Backdoor Discrimination Actions Or Closing The Door?, Elsa R. Miller
Northern Illinois University Law Review
This recent United States Supreme Court decision interprets 42 U.S.C. § 1981 as not allowing an action for racial harassment during employment. This note examines the antecedent cases to Patterson along with Congressional actions which appear to indicate a lack of tolerance of racial discrimination in the public and private sectors. The author concludes that Patterson is a step in the wrong direction and calls into question the commitment of the United States Supreme Court to move in the direction of eliminating workplace distinctions based on the race of the worker.