Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Law (14)
- Illinois (6)
- Land use planning (4)
- First Amendment (3)
- Free speech (3)
-
- Internet (3)
- Colleges (2)
- Communications Decency Act (2)
- Municipalities (2)
- Universities (2)
- Affirmative action (1)
- Agriculture (1)
- American Indians (1)
- Annexation agreements (1)
- Asset forfeiture (1)
- Boundary agreements (1)
- California (1)
- Chicago (1)
- Computer simulation (1)
- Corporations (1)
- Counties (1)
- Defamation (1)
- Development (1)
- Disclosure (1)
- Due process (1)
- Establishment Clause (1)
- Excessive compensation (1)
- Executive compensation (1)
- Farmland (1)
- Fourteenth Amendment (1)
Articles 1 - 23 of 23
Full-Text Articles in Law
The Trust Doctrine In Federal Indian Law: A Look At Its Development And How Its Analysis Under Social Contract Theory Might Expand Its Scope, Janice Aitken
Northern Illinois University Law Review
This article explores the continuing legal relationship between American Indians and the federal government of the United States. Namely, the battle over controlling internal tribal affairs. The history of that relationship has developed out of tensions over two doctrines the "plenary" power doctrine and the "trust" doctrine. The author reviews the possibility of expanding the scope of the trust doctrine based upon the application of a Social Contract Theory. Finally, the implications of such a theory are also discussed.
Toward Fairness In Compensation Of Management And Labor: Compensation Ratios, A Proposal For Disclosure, James A. Cotton
Toward Fairness In Compensation Of Management And Labor: Compensation Ratios, A Proposal For Disclosure, James A. Cotton
Northern Illinois University Law Review
This article will discuss the general history of executive compensation and the concept of "excessive compensation" as it has developed in corporate America. The article advocates a change in current SEC disclosure requirements which are set out in Appendix A of this article. The development of ratios as a tool of financial analysis is discussed to establish the legitimacy of their use. The author then offers an example of a stockholder proposal to make use of compensation ratios.
Defamation In An Age Of Political Correctness: Should A False Public Statement That A Person Is Gay Be Defamatory?, Patrice S. Arend
Defamation In An Age Of Political Correctness: Should A False Public Statement That A Person Is Gay Be Defamatory?, Patrice S. Arend
Northern Illinois University Law Review
This article reviews the important public policy decision that individuals should be free to protect their reputations from false and derogatory remarks. Most notably, the article explores the issues of whether a public statement that a person is gay is or should be defamatory, if it proves to be false. The author presents an overview of the problems presented to the various courts. The author then discusses the probable causes of actions and the most appropriate solution to defamation in an age of political correctness.
Smith V. Fair Employment And Housing Commission: Religious Freedom And Anti-Discrimination Laws Square Off In The Landlord/Tenant Setting, David S. Goles
Smith V. Fair Employment And Housing Commission: Religious Freedom And Anti-Discrimination Laws Square Off In The Landlord/Tenant Setting, David S. Goles
Northern Illinois University Law Review
This casenote examines the California Supreme Court decision of Smith v. Fair Employment and Housing Commission and determines that the analysis applied by the court was improper and not in conformance with precedential law. The note begins by providing a historical overview of the various approaches the United States Supreme Court has taken in analyzing the right to freely exercise religion. After determining what the current analysis is, the author examines the Smith decision and determines the California Supreme Court misapplied the third part of that analysis, the substantial burden test. The author argues that had the California Supreme Court …
Vol. 18, No. 1, Fall 1997: Table Of Contents, Northern Illinois University Law Review
Vol. 18, No. 1, Fall 1997: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
The Quicksands Of The Poor Law: Poor Relief Legislation In A Growing Nation, 1790-1820, William P. Quigley
The Quicksands Of The Poor Law: Poor Relief Legislation In A Growing Nation, 1790-1820, William P. Quigley
Northern Illinois University Law Review
This article reviews the development of poor relief laws from 1790 to 1820. The scope of the article will survey the laws affecting the poor people developed by the states as they joined the union and by the federal government. The author also sketches out common themes that developed through the legislation during this time period Moreover, the articles tracks the influence of English poor laws and early legislative experiences in this area of the law.
Bmw Of North America V. Gore: A Misplaced Guide For Punitive Damage Awards, Michelle J. Carey
Bmw Of North America V. Gore: A Misplaced Guide For Punitive Damage Awards, Michelle J. Carey
Northern Illinois University Law Review
This casenote examines the Supreme Court's landmark ruling in BMW v. Gore, in which the Court struck down a jury award of punitive damages as being unreasonably large in violation of substantive due process. This Note traces the history of challenges to punitive damage awards through Supreme Court cases, including BMW v. Gore. It then analyzes BMW v. Gore, particularly the Court's misguided attempt at providing a guide for punitive damage awards and the dismal implications from the Court's actions. It concludes that the better approach for the Court to have taken would have been to focus on procedural due …
Luncheon Address: Symposium: Growth Management For The Next Century: Challenges & Opportunities, Lawrence B. Christmas
Luncheon Address: Symposium: Growth Management For The Next Century: Challenges & Opportunities, Lawrence B. Christmas
Northern Illinois University Law Review
Review of the past 100 years of land use planning and possible future developments.
Panel Discussion, Phillip D. Peters, Mark W. Cordes, Phillip S. Bus, Lawrence B. Christmas, Richard M. Guerard
Panel Discussion, Phillip D. Peters, Mark W. Cordes, Phillip S. Bus, Lawrence B. Christmas, Richard M. Guerard
Northern Illinois University Law Review
No abstract provided.
Practical Computer Applications For Land Use Planning And Analysis, Roger K. Dahlstrom
Practical Computer Applications For Land Use Planning And Analysis, Roger K. Dahlstrom
Northern Illinois University Law Review
This address presents two computer applications designed to assist in land use planning for individual sites and for entire planning areas. The site capacity model allows the user to generate a reasonably accurate analysis of development potential for an individual parcel of land given basic Information regarding proposed or prevailing zoning regulations. The land capacity model provides a means for developing land use simulations including likely public service demands and selected environmental impacts. The author notes that land use simulation can be an effective tool for minimizing internal inconsistencies in development regulations and for evaluating the impacts of the large …
Annexation Agreements - Boundary Agreements: Walking A Fine Line Into The Future - A Map Of The Dangers To The Unwary Land Use Traveler, Ronald S. Cope
Annexation Agreements - Boundary Agreements: Walking A Fine Line Into The Future - A Map Of The Dangers To The Unwary Land Use Traveler, Ronald S. Cope
Northern Illinois University Law Review
This article examines the potential dangers that may be encountered by inexperienced land use planners. The article begins with a review of statutes and case law involving annexation agreements in Illinois. Next, the author distinguishes the differences between "annexation agreements" and "development agreements." Then the author addresses how to determine whether there has been a boundary agreement, which limits the ability of a municipality to annex a piece of property. The author recommends a statute permitting development agreements and recommends clear linkages between various sections of the code to improve predictability for Illinois land use planners.
Farmland Protection For Illinois: The Planning And Legal Issues, Lawrence W. Libby
Farmland Protection For Illinois: The Planning And Legal Issues, Lawrence W. Libby
Northern Illinois University Law Review
This address contends that agriculture, as a land intensive business, is critical to the Illinois economy and farmland protection belongs on the state's agenda as a policy objective as well as a significant goal of growth management. The author reasons that the adequacy of food supply and the necessity of farmland, as well as the non-owner services of farmland, require the inclusion of farmland protection on the state's planning agenda. Looking toward the future of farmland use and conversion, the author reviews the important planning and legal issues relative to farmland protection as a policy issue and suggests several strategies …
Tif In Illinois: The Good, The Bad, And The Ugly, Michael T. Peddle
Tif In Illinois: The Good, The Bad, And The Ugly, Michael T. Peddle
Northern Illinois University Law Review
Tax increment financing (TIF) is a controversial economic development tool which has been implemented over three hundred times in Illinois since its legislative authorization in 1977. Its premise relies on the expectation that the property value of an economic development project site as well as a certain amount of contiguous property will be enhanced as a result of the project. The tax increment indicates the additional tax revenue from these properties. This tax increment is allocated exclusively to the municipality for use in the TIF district. In this address, the author analyzes the basic components of TIF in Illinois as …
Responding To Students' Pleas For Relief: The Need For A Consistent Approach To Peer Sexual Harassment Claims, Megan Healy
Responding To Students' Pleas For Relief: The Need For A Consistent Approach To Peer Sexual Harassment Claims, Megan Healy
Northern Illinois University Law Review
The goal of this comment is to illustrate the need for courts to develop a uniform approach to remedying severe sexual harassment in the schools. The comment examines the recent split among the courts in their interpretation and application of Section 1983 and Title IX to peer sexual harassment claims. Recommendations are made to the courts for resolving the split and in particular, to expand and adopt a uniform standard of liability and to follow the Eleventh Circuit's standard for determining when peer sexual harassment is so severe as to require a remedy by the courts.
Subrogation Of Personal Injury Claims: Toward Ending An Inequitable Practice, Keith E. Edeus Jr.
Subrogation Of Personal Injury Claims: Toward Ending An Inequitable Practice, Keith E. Edeus Jr.
Northern Illinois University Law Review
This comment examines the application of the principles of subrogation in the personal injury context. Current law in most states, including Illinois, allows insurance companies to recover their subrogation interests even when insureds have not been made whole. The author suggests legislative and judicial approaches for limiting the applicability of subrogation in such situations.
Vol. 17, No. 3, Summer 1997: Table Of Contents, Northern Illinois University Law Review
Vol. 17, No. 3, Summer 1997: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Innocents Beware: Has Bennis V. Michigan Made Asset Forfeiture Too Easy?, Ronald F. Labedz
Innocents Beware: Has Bennis V. Michigan Made Asset Forfeiture Too Easy?, Ronald F. Labedz
Northern Illinois University Law Review
This note examines the historical justifications of asset forfeiture as well as the justifications behind its more recent uses. The note begins by analyzing the rationale of precedents that have upheld asset forfeiture then that rationale is applied to the facts of Bennis v. Michigan. After establishing that the exigencies historically thought necessary to justify asset forfeiture are not present in Bennis, the author determines the Supreme Court improperly applied precedent and instead should have conducted a due process analysis. The author argues that had the Supreme Court conducted that analysis, the Court would have held Michigan's asset forfeiture scheme …
Spinning A Tighter Web: The First Amendment And Internet Regulation, Angela E. Wu
Spinning A Tighter Web: The First Amendment And Internet Regulation, Angela E. Wu
Northern Illinois University Law Review
This article examines the First Amendment issues associated with Internet regulation, specifically the Communications Decency Act of 1996 and discusses the district court opinion in ACLU v. Reno. The author considers existing legislation in the telecommunications industry and the effect of such legislation on First Amendment rights. In additions, the author contends that the Internet is a revolutionary medium that should remain free of government intrusion. Therefore, due to the impossibility of regulating the Internet and the value that society places on the free exchange of ideas, the CDA should not be upheld by the United States Supreme Court.
Vol. 17, No. 2, Spring 1997: Table Of Contents, Northern Illinois University Law Review
Vol. 17, No. 2, Spring 1997: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Blind Leading The "Colorblind": The Evisceration Of Affirmative Action And A Dream Still Deferred, Amy L. Knickmeier
Blind Leading The "Colorblind": The Evisceration Of Affirmative Action And A Dream Still Deferred, Amy L. Knickmeier
Northern Illinois University Law Review
The age of race-conscious remedial programs is coming to its demise. This Comment analyzes the application of the Fourteenth Amendment to school desegregation decrees and affirmative action programs in higher education. Furthermore, the Comment addresses the progressively hostile attitude exemplified by the judiciary toward such programs when Constitutional violations are absent. Finally, this Comment argues that racism continues to extensively influence societal views and behaviors. Therefore, until more viable and effective solutions to racism are implemented, race-conscious affirmative action plans must survive. Consequently, the Supreme Court ought to mandate a lenient standard of review to race-based remedial programs in higher …
Panel Discussion: The First Amendment In Cyberspace: Use Of The Internet In The College Community, Robert M. O'Neil
Panel Discussion: The First Amendment In Cyberspace: Use Of The Internet In The College Community, Robert M. O'Neil
Northern Illinois University Law Review
Mr. Robert M. O'Neil, Moderator. Participants: Mr. George Shur, Rep. David Wirsing, Prof. Thomas Peters, Prof. Lois Self, Ms. Jaime Jordan, Prof. A. Samuel Oddi, Prof. James Thomas
The Internet In The College Community, Robert M. O'Neil
The Internet In The College Community, Robert M. O'Neil
Northern Illinois University Law Review
This article reviews several current issues at the intersection of free expression and electronic communication on the college and university campus. It presupposes the conclusion which a unanimous Supreme Court reached in late June 1997, in the Communications Decency Act Case - that speech on the internet is as fully protected by the First Amendment as is expression in more traditional and familiar media. The quandary for institutions of higher learning, sharply criticized in this article, is the belief of many regulators, on as well as off campus, that electronic or digital messages pose different risks and may therefore be …
Wide Awake Or Half-Asleep? Revelations From Jurisprudential Tailings Found In Rosenberger V. University Of Virginia, Robert L. Waring
Wide Awake Or Half-Asleep? Revelations From Jurisprudential Tailings Found In Rosenberger V. University Of Virginia, Robert L. Waring
Northern Illinois University Law Review
The Rosenberger Court contracted the boundaries of the no funding principle of the Establishment Clause. In so doing, the Court, speaking through Justice Kennedy, ran roughshod over several important tools used in free speech analysis. Rosenberger altered the line between viewpoint and content, clouded the role of strict scrutiny and eviscerated the already weakened limited public forum concept. The article analyzes several post-Rosenberger circuit court holdings in free speech cases. In addition, it discusses the potential impact of Rosenberger - a case limited to the expenditure of student activity funds at public universities - on the future collection of mandatory …