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Articles 1 - 22 of 22
Full-Text Articles in Law
An Argument For A Return To Plessy V. Ferguson: Why Illinois Should Reconsider The Doctrine Of "Separate But Equal" Public Schools, Rick Guzman
Northern Illinois University Law Review
This Comment analyzes the steady erosion of the 1954 landmark Brown v. Board of Education case. Specifically, it argues that the millions of poor and overwhelmingly minority school children who are attending 99% single-race schools might actually have access to better teachers and more adequate educational funding under the long-abandoned principle that "separate" schools must be "equal," by some measure, than such students fare under today's watered down interpretation of the Brown case. Illinois, which ranks dead last in school-funding equality as measured by disparity in per pupil expenditures, is examined in depth. The Comment provides extensive statistical analysis and …
The Torturing Debate On Torture, Mohammed Saif-Alden Wattad
The Torturing Debate On Torture, Mohammed Saif-Alden Wattad
Northern Illinois University Law Review
The War on Terrorism generated a correlation between terrorism and torture. This article analyzes the basic premises of the torture debate by addressing the following issues: (1) defining torture; (2) punishing torturers; (3) justifying, excusing, or pardoning torturers; and (4) conducting legal interrogation. The article criticizes existing law on the torture debate for its lack of conceptuality and coherency, thus arguing that the articulation of the existing definition of torture has been politically motivated. The article offers a conceptual understanding of the torture phenomenon as premised on five conceptual distinctions: (1) superior versus inferior, (2) active versus passive, (3) theatricality …
The Urgent Reawakening Of The Assyrian Question In An Emerging Iraqi Federalism: The Self-Determination Of The Assyrian People, Paul A. Isaac
The Urgent Reawakening Of The Assyrian Question In An Emerging Iraqi Federalism: The Self-Determination Of The Assyrian People, Paul A. Isaac
Northern Illinois University Law Review
This article introduces the contemporary significance of the Assyrian Question--the longstanding inquiry over the rights of a small religious and ethnic minority in Iraq. Recently, Assyrians have been violently targeted and disproportionately driven from postwar Iraq in massive numbers, threatening to obliterate their presence from their ancestral homeland forever. Addressing their legal rights, the author argues that Assyrians are an indigenous people under international law and are, therefore, entitled to the full exercise of their political, social, and cultural self-determination. The article surveys the international law of self-determination alongside provisions of Iraqi law that have been created to protect Assyrians. …
Spoliation Of Electronically Stored Information, Good Faith, And Rule 37(E), Andrew Hebl
Spoliation Of Electronically Stored Information, Good Faith, And Rule 37(E), Andrew Hebl
Northern Illinois University Law Review
The Federal Rules of Civil Procedure were amended effective December 1, 2006 to address concerns about discovery of electronically stored information. One of those amendments, Rule 37(e), created a safe harbor for parties who destroy relevant information as a result of the good faith, routine operation of their electronic storage systems. The rule recognizes the enhanced difficulty of preserving relevant information in the electronic context due to the automatic operation of electronic storage systems and the necessary deletion and modification of such systems' contents from time to time due to storage constraints and other technological limitations. The rule's good-faith requirement …
Vol. 29, No. 1, Fall 2008: Table Of Contents, Northern Illinois University Law Review
Vol. 29, No. 1, Fall 2008: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
War & [Emotional] Peace: Death In Iraq And The Need To Constitutionalize Speech-Based Lied Claims Beyond Hustler Magazine V. Falwell, Clay Calvert
Northern Illinois University Law Review
The protracted and ongoing war in Iraq has spawned several lawsuits in the United States based upon the tort theory of intentional infliction of emotional distress. This article focuses in depth on one of those recent cases, Read v. Lifeweaver, L.L.C., filed in federal court in Tennessee in April 2008. Using Read to illustrate its points, the article argues that the same constitutional safeguards extended by the United States Supreme Court in 1988 in Hustler Magazine v. Falwell against IIED claims filed by public figures should apply in cases like Read where the plaintiffs are private individuals outraged by a …
While The Government Fiddled Around, The Big Easy Drowned: How The Posse Comitatus Act Became The Government's Alibi For The Hurricane Katrina Disaster, Candidus Dougherty
While The Government Fiddled Around, The Big Easy Drowned: How The Posse Comitatus Act Became The Government's Alibi For The Hurricane Katrina Disaster, Candidus Dougherty
Northern Illinois University Law Review
This article analyzes how the government's blame of the Posse Comitatus Act (PCA) for its late response to the Hurricane Katrina disaster was misplaced. In Part II, the author discusses the history of the Posse Comitatus Act, including a summary of some of its many judicial and congressional expansions. In Part III, the author applies the PCA to the Hurricane Katrina disaster to show that, under its proper application, the PCA does, in fact, permit the lawful use of the military for humanitarian purposes. Based on this analysis, the article concludes that we should focus our efforts less on the …
Leegin Creative Leather Products, Inc. V. Psks, Inc.: The Final Blow To The Use Of Per Se Rules In Judging Vertical Restraints - Why The Court Got It Wrong, Christopher S. Kelly
Leegin Creative Leather Products, Inc. V. Psks, Inc.: The Final Blow To The Use Of Per Se Rules In Judging Vertical Restraints - Why The Court Got It Wrong, Christopher S. Kelly
Northern Illinois University Law Review
This case note provides an in depth discussion of Leegin Creative Leather Products, Inc. v. PSKS, Inc., in which the United States Supreme Court held that minimum resale price maintenance should be analyzed under the rule of reason, and thus striking down the century-old per se rule against vertical price fixing. After providing a brief overview of antitrust law, with a particular emphasis on Supreme Court vertical restraint jurisprudence, an in depth discussion of both the majority and dissenting Leegin opinions is provided. Next, the note argues that the Court erred in striking down the per se rule by finding …
Vol. 28, No. 3, Summer 2008: Table Of Contents, Northern Illinois University Law Review
Vol. 28, No. 3, Summer 2008: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
People V. Coughlin And Criticisms Of The Criminal Jury In Late Nineteenth-Century Chicago, Eizabeth Dale
People V. Coughlin And Criticisms Of The Criminal Jury In Late Nineteenth-Century Chicago, Eizabeth Dale
Northern Illinois University Law Review
The last decades of the nineteenth century and the first decades of the twentieth century are often described as the era in which the criminal jury trial came to an end. Criminal juries did not completely disappear, of course, but their role became smaller in those decades. Studies of the phenomenon typically attribute that decline to the rise of plea bargains in that same period. These studies note that institutional factors, such as caseloads and the political pressure on elected prosecutors to be "tough on crime," made plea bargains an increasingly attractive option for the State, and conclude from this …
Judicial Nullification? Judicial Compliance And Non-Compliance With Jury Improvement Efforts, Paula L. Hannaford-Agor
Judicial Nullification? Judicial Compliance And Non-Compliance With Jury Improvement Efforts, Paula L. Hannaford-Agor
Northern Illinois University Law Review
Many jury trial procedures and practices are left to "the sound discretion of the trial court." This discretion provides judges with flexibility to meet the individual needs of each trial. Using information from the State-of-the-States Survey of Jury Improvement Efforts, this article documents the extent to which trial judges exercise that discretion with respect to trial procedures and practices designed to improve jury comprehension, performance, and satisfaction. It describes legal, cultural, and case-specific factors that contribute to jurisdictional variation in the use of these procedures and practices, including judicial non-compliance with prohibited and mandatory practices. Finally, it discusses whether judicial …
In The Vanguard Of The American Jury: A Case Study Of Jury Innovations In The Northern District Of Iowa, Kirk W. Schuler
In The Vanguard Of The American Jury: A Case Study Of Jury Innovations In The Northern District Of Iowa, Kirk W. Schuler
Northern Illinois University Law Review
Since taking the oath of office nearly fifteen years ago, United States District Court Judge Mark Bennett has made it a priority to champion the American jury. While jurors are typically less than thrilled to be summoned for service, Judge Bennett makes sure their "day in court" is memorable and rewarding. This article discusses how Judge Bennett does it: from creating the "evidence corridor" to debriefing the jury post-verdict. Some techniques are simple, some complex, but most all are innovations. Moreover, with at least 300 jury trials under his belt, Judge Bennett's techniques are battle tested and proven, and ripe …
Jury Nullification: An Empirical Perspective, Irwin A. Horowitz
Jury Nullification: An Empirical Perspective, Irwin A. Horowitz
Northern Illinois University Law Review
Prominent jurists have suggested that it may be permissible to inform juries of their power to decide verdicts according to their conscience, regardless of the law. Juries may be informed of their power, known as jury nullification, to nullify the law either by carefully crafted instructions from the judge or by permitting the defense counsel to make a nullification argument during closing statements. This article examines these proposals in light of the latest empirical research on these issues. This article also presents a short history of jury nullification and its current status in the U.S. legal system. Current research suggests …
Slapped In Illinois: The Scope And Applicability Of The Illinois Citizen Participation Act, Mark J. Sobczak
Slapped In Illinois: The Scope And Applicability Of The Illinois Citizen Participation Act, Mark J. Sobczak
Northern Illinois University Law Review
This article examines the origins, structure, and consequent effectiveness of the recently enacted Illinois Citizen Participation Act. Designed to combat a particular breed of vexatious litigation known as "Strategic Lawsuits Against Public Participation," or "SLAPPs," the Citizen Participation Act conditionally immunizes potential civil defendants from liability when they are sued for acts implicating their First Amendment rights. The article briefly examines the nature of SLAPPs, why they stand contrary to public policy, and outlines some proposed solutions to eliminate or reduce their use. The article then explores the substantive and procedural mechanisms employed by Illinois to bring about the objectives …
The Federalization Of Punitive Damages And The Effect On Illinois Law, Frank A. Perrecone, Lisa R. Fabiano
The Federalization Of Punitive Damages And The Effect On Illinois Law, Frank A. Perrecone, Lisa R. Fabiano
Northern Illinois University Law Review
Punitive damages have traditionally been a matter of state law, left to state courts and legislatures to review and regulate. But in the midst of the tort reform movement of the 1990s, the United States Supreme Court took sides in the policy debate, fashioning a novel substantive due process right limiting punitive damage awards and suppressing the power of juries to punish and deter egregious conduct. This article traces the evolution of the federalization of punitive damages based on questionable authority, criticizes the Supreme Court's intrusion into an area of state law, demonstrates how Supreme Court precedent has been misapplied …
Effective Implementation Of The Trafficking Of Persons And Involuntary Servitude Articles: Lessons From The Criminal Justice System Response To The Illinois Domestic Violence Act, Alison L. Stankus, Jennifer A. Kuhn
Effective Implementation Of The Trafficking Of Persons And Involuntary Servitude Articles: Lessons From The Criminal Justice System Response To The Illinois Domestic Violence Act, Alison L. Stankus, Jennifer A. Kuhn
Northern Illinois University Law Review
When the Illinois Domestic Violence Act was enacted in 1986, the General Assembly acknowledged that "the legal system has ineffectively dealt with family violence in the past . . . and has not adequately acknowledged the criminal nature of domestic violence; that, although many laws have changed, in practice there is still widespread failure to appropriately protect and assist victims." However, despite these stated purposes, the criminal justice system response to the Act in the last twenty years has been slow to correct this failure. In 2006, the Trafficking of Persons and Involuntary Servitude Articles were added to the Illinois …
Speech Shouldn't Be "Free" At Funerals: An Analysis Of The Respect For America's Fallen Heroes Act, Zachary P. Augustine
Speech Shouldn't Be "Free" At Funerals: An Analysis Of The Respect For America's Fallen Heroes Act, Zachary P. Augustine
Northern Illinois University Law Review
This comment analyzes the facial constitutionality of the protest limitation provisions of the Respect for America's Fallen Heroes Act under the First Amendment's free speech clause and concludes that they are constitutional time, place, and manner restrictions. The Act is facially content-neutral because it does not define the impermissible speech by reference to its content. Further, the Act was enacted for the content-neutral purpose of furthering the government's significant interest of protecting grieving families during funeral services. The restrictions are narrowly tailored because they only restrict speech that actually interferes with, or imminently will interfere with, the funeral service and …
Title Ii Of The Americans With Disabilities Act Of 1990 And Its Prohibition Of Employment Discrimination, Jamie L. Ireland, Richard A. Bales
Title Ii Of The Americans With Disabilities Act Of 1990 And Its Prohibition Of Employment Discrimination, Jamie L. Ireland, Richard A. Bales
Northern Illinois University Law Review
Title I of the Americans with Disabilities Act (ADA) prohibits employment discrimination. Title II of the ADA prohibits discrimination in the provision of programs, services, or activities by federal, state, and local government entities. Title I, however, contains significant coverage gaps: federal employees, and employees of employers with less than fifteen employees, are not covered. When these employees are discriminated against on the basis of disability, they often sue under Title II, which does not contain the Title I exclusions. The federal circuit courts are split on the issue of whether the ADA Title II applies to employment discrimination claims. …
Vol. 28, No. 2, Spring 2008: Table Of Contents
Vol. 28, No. 2, Spring 2008: Table Of Contents
Northern Illinois University Law Review
No abstract provided.
Atrophied Rights: Maximum Hours Labor Standards Under The Flsa And Illinois Law, Scott D. Miller
Atrophied Rights: Maximum Hours Labor Standards Under The Flsa And Illinois Law, Scott D. Miller
Northern Illinois University Law Review
This article examines the evolving political history of, and then compares, the FLSA and Illinois maximum hours labor standards. It shows that worker rights to shorter work hours have steadily atrophied under the FLSA. Illinois law has moved in the opposite direction, providing workers with increasingly more generous (albeit, not particularly strong) statutory rights to shorter work hours than the FLSA. Employers in Illinois must therefore (presently) adhere to the Illinois, rather than the federal, maximum hours labor standards.
Nation Building In Africa And The Role Of The Judiciary, Modibo Ocran
Nation Building In Africa And The Role Of The Judiciary, Modibo Ocran
Northern Illinois University Law Review
This speech was delivered at Northern Illinois University on April 20, 2007, as part of the Francis X. Riley lecture on professionalism. The speech highlights some of the difficult political issues faced by many African nations in arguing that legal professionalism imposes a duty on the judiciary to contribute to the building of long-term institutions of stability in fragile political environments.
Wi-Fi Signals Capable Of Conversion: The Case For Comprehensive Conversion In Illinois, Laura D. Mruk
Wi-Fi Signals Capable Of Conversion: The Case For Comprehensive Conversion In Illinois, Laura D. Mruk
Northern Illinois University Law Review
This comment asserts that unauthorized use of another's wireless internet signal is tantamount to conversion and therefore should enjoy the same remedies as any action for conversion. Through first explaining the technology behind wireless internet signals, this comment argues despite the intangibility of wireless internet signals, the unauthorized use of them should be recognized by courts as conversion. By comparing Illinois law to various other states' law, this comment specifically addresses the hurdles presented in Illinois for an action of conversion of wireless internet signals. The author argues that through various theories, including the bundle of rights in property law, …