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Articles 1 - 18 of 18
Full-Text Articles in Law
Resistance Strategies In The Immigrant Justice Movement, Mariela Olivares
Resistance Strategies In The Immigrant Justice Movement, Mariela Olivares
Northern Illinois University Law Review
Topics of immigration reform have created deep polarization. To some degree, these political and societal divisions regarding immigrants' place and ability to remain in the United States drove the Republican successes in the 2016 elections and carried Donald Trump to the White House. When political conservatives called for decreased migration and increased deportations of immigrants already in the United States, progressive politicians and advocates for immigrants did not present a unified and thoughtful response. I discuss this failed narrative strategy in an earlier publication, in which I decry this historic and contemporary lack of cohesive strategy. I end Narrative Reform …
What Will It Take? Examining The Use Of Preliminary Hearing Testimony Where Victims Are Unavailable Due To Mental Illness Stemming From Domestic Violence And Sexual Assault, Kristin Grossman
Northern Illinois University Law Review
A particular problem exists that domestic violence and sexual assault victims face when bringing their abusers to court. This is whether the use of preliminary hearing testimony can be utilized where a victim is unavailable to testify at trial due to mental illness, namely Post-traumatic Stress Disorder. This article examines the manner in which various states have combatted the issue of unavailability due to mental health and what role that unavailability has in a domestic violence or sexual assault case. By closely looking at the case State v. Anderson, 402 P.3d 1063 (Idaho 2017), this article seeks to justify the …
Can State Constitutional Development Make A Difference In Illinois?, John Christopher Anderson
Can State Constitutional Development Make A Difference In Illinois?, John Christopher Anderson
Northern Illinois University Law Review
For over a decade, Illinois has faced perilous financial and political crises. Many commentators believe that state constitutional development in the context of pensions, term limits, and legislative redistricting are a necessary key to placing Illinois on a path toward prosperity. This article considers whether state constitutional reform (by way of judicial interpretation or amendment) in these areas is possible and whether it would likely bring about the change some observers seek.
The Constitutional Guarantee Of Freedom To Surcharge: Brandishing The First Amendment To Strike Down Surcharge Bans, Michael R. Biggott
The Constitutional Guarantee Of Freedom To Surcharge: Brandishing The First Amendment To Strike Down Surcharge Bans, Michael R. Biggott
Northern Illinois University Law Review
In what might be described as a modern-day David and Goliath, merchants in the United States find themselves pitted against both credit card companies and state legislatures in a battle over the ability to impose surcharges on purchases made with credit cards. Rather than a sling and a few smooth stones like the noble David in the biblical account of one of the most famous underdog stories ever told, merchants are wielding something far more powerful: the First Amendment to the United States Constitution.
The Stringent Takings Test For Impact Fees In Illinois: Its Origins And Implications For Home Rule Units And Legislation, Lisa Harms Hartzler
The Stringent Takings Test For Impact Fees In Illinois: Its Origins And Implications For Home Rule Units And Legislation, Lisa Harms Hartzler
Northern Illinois University Law Review
Many Illinois municipalities impose exactions, or impact fees, on new housing developments. Appropriate impact fees offset the anticipated financial burdens on government created by a resulting increase in population, such as a need to build wider roads or add schools. The validity of these fees, however, is subject to a unique and especially stringent standard under the Illinois Constitution's Takings Clause. Unlike the U.S. Supreme Court's interpretation of the federal constitution and most other state court interpretations of their respective constitutions, an impact fee in Illinois must be "uniquely and specifically attributable" to the burdens it creates for a local …
Vol. 39, No. 1, Fall 2018: Table Of Contents And Masthead, Northern Illinois University Law Review
Vol. 39, No. 1, Fall 2018: Table Of Contents And Masthead, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Beyond Dr. Frankenstein’S Monster: Human Germline Editing And The Implications Of Waiting To Regulate, Rebecca Rodriguez
Beyond Dr. Frankenstein’S Monster: Human Germline Editing And The Implications Of Waiting To Regulate, Rebecca Rodriguez
Northern Illinois University Law Review
From the birth of bioethics in the United States to the hindrance of advancement caused by laws that claim to remove barriers to innovation, CRISPR and its germline editing abilities simply cannot live up to their full potential in the United States unless current limitations are lifted and a more reasonable approach is taken. While scientific acronyms and analogies to scissors and word processing functions abound in CRISPR-related articles, many focus on the patent for the technology itself. Few seek to resolve the discord that abounds in federal regulations of this emerging biotechnology. This Comment seeks to do just that …
Race, Poverty, And Bail: An Annotated Bibliography, Clanitra Stewart Nejdl
Race, Poverty, And Bail: An Annotated Bibliography, Clanitra Stewart Nejdl
Northern Illinois University Law Review
On June 9, 2017, Illinois's Bail Reform Act of 2017 was signed into law by Governor Bruce Rauner. Among other important provisions, the Act creates a presumption that non-monetary release conditions will be granted for defendants, requires that a defendant be provided an attorney for bail determination hearings, provides a bail credit for certain offenses, and authorizes the Illinois Supreme Court to create a non-discriminatory statewide risk assessment tool that could be used to make bail determinations. Despite the crucial improvements to Illinois's bail system achieved through the Act, some advocates argue that further reforms are still needed to protect …
Division In The Illinois Appellate Court: What Is The Appropriate Standard Of Review For Alleged Prosecutorial Misconduct During Closing Argument?, Ryan T. Harding
Division In The Illinois Appellate Court: What Is The Appropriate Standard Of Review For Alleged Prosecutorial Misconduct During Closing Argument?, Ryan T. Harding
Northern Illinois University Law Review
The Illinois Appellate Court is divided on whether to apply de novo review or an abuse of discretion standard when evaluating alleged prosecutorial misconduct during closing argument. This article concludes that de novo review is the proper standard of review under current Illinois law. However, as a matter of policy, this article recommends that (1) abuse of discretion review should normally apply to the trial court's determination that a defendant was not substantially prejudiced by the State's closing argument; (2) de novo review should apply when the trial court's determination that a defendant was not substantially prejudiced turned on a …
Support Of Familial Dna Testing In Illinois Criminal Investigation, Alexandra Aherne
Support Of Familial Dna Testing In Illinois Criminal Investigation, Alexandra Aherne
Northern Illinois University Law Review
Currently, the use of familial DNA searches in the United States ranges from outlawed to unregulated. Without clear and meaningful legislation for utilizing this powerful law enforcement tool, states risk missing the opportunity to generate positive leads in investigations, or infringing on the rights of their citizens. In Illinois, through the implementation of a thoughtful policy, familial DNA testing should be approved for use in certain prescribed situations. This paper details the scientific background of DNA testing, the usefulness in investigations, and the implication of violating privacy rights. This paper concludes with a proposal for an Illinois rule that outlines …
The Illinois Bail Reform Act Of 2017: Roadmap To Reform, Or Reform In Name Only?, Devin Taseff
The Illinois Bail Reform Act Of 2017: Roadmap To Reform, Or Reform In Name Only?, Devin Taseff
Northern Illinois University Law Review
Of the approximately 443,000 individuals currently incarcerated in county jails who have yet to be convicted of any of their charges, seventy percent are indigent and cannot afford the bail amount set by the judge at their initial bond hearing. Of these 443,000 individuals, 303,000 are awaiting trial for traditionally non-violent offenses. The Illinois General Assembly recently addressed this crisis by enacting the Illinois Bail Reform Act of 2017 with the goal of ensuring that pretrial incarceration is reserved not for the poor, but rather, for the minority of pretrial defendants who are a flight risk or a danger to …
Vol. 38, No. 3, Summer 2018: Table Of Contents And Masthead, Northern Illinois University Law Review
Vol. 38, No. 3, Summer 2018: Table Of Contents And Masthead, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Standards In Command Responsibility Prosecutions: How Strict, And Why?, Michael J. Sherman
Standards In Command Responsibility Prosecutions: How Strict, And Why?, Michael J. Sherman
Northern Illinois University Law Review
The attached article looks at the concept of command responsibility “ the idea that a commander may be held liable for crimes committed by his or her soldiers, even if the commander did not order these crimes to be committed, and may not have been aware of the criminal activity at all. It examines command responsibility prosecutions attached to a number of different conflicts: World War II, the Yugoslavian and Rwandan genocides, and the Sierra Leonean civil war. It also discusses proposed standards for command responsibility prosecutions set out by the African Union and the UN (both in the International …
Banned From The Iv League: Advocating The Extension Of The Choice Of Evils Defense To Protect Blood Manufactures From Liability For Taking Donations From Individuals At "High-Risk" Of Transmitting Human Immunodeficiency Virus (Hiv) During Times Of Extreme Emergency, Andrew J. Mertzenich
Northern Illinois University Law Review
A-positive to O-negative, men who have sex with men face an uphill battle when attempting to give the greatest gift of all, life itself. Current FDA regulation places a twelve-month deferral on MSM from their last sexual encounter. Many previous articles seek to attack the constitutionality of this ban; others seek to recommend reducing the ban; still others advocate no change. This article differs from these, however, by assuming the constitutionality of the ban and, instead, advocating protection for blood manufacturers who, under certain narrow but extreme circumstances, are justified in taking donations from high-risk donors.
Vol. 38, No. 2, Spring 2018: Table Of Contents And Masthead, Northern Illinois University Law Review
Vol. 38, No. 2, Spring 2018: Table Of Contents And Masthead, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Another Tile In The “Jurisdictional Mosaic” Of Lawyer Regulation: Modifying Admission By Motion Rules To Meet The Needs Of The 21st Century Lawyer, Abigail L. Deblasis
Another Tile In The “Jurisdictional Mosaic” Of Lawyer Regulation: Modifying Admission By Motion Rules To Meet The Needs Of The 21st Century Lawyer, Abigail L. Deblasis
Northern Illinois University Law Review
Can practicing law on a less than "full-time" basis hinder a lawyer's future mobility? The answer depends on which jurisdiction you ask. A parent who is considering a reduced hours schedule for family reasons or a recent graduate whose only option is part-time work should know that these choices may impact future mobility. This Article provides an in-depth exploration of the current admission by motion rules, which are the rules that allow a lawyer who is already licensed and practicing in one jurisdiction to be admitted in another jurisdiction without having to take that jurisdiction's bar exam. These rules are …
Dissolution And Rational Choice: The Unique Remedial Framework For Director Deadlock Under The Illinois Business Corporation Act, Kenneth J. Vanko
Dissolution And Rational Choice: The Unique Remedial Framework For Director Deadlock Under The Illinois Business Corporation Act, Kenneth J. Vanko
Northern Illinois University Law Review
This article discusses the remedy of judicial dissolution in the context of an Illinois corporation facing management deadlock. The particular focus of this article is on one of the most common corporate structures for small businesses: the equally-held firm where management rights are symmetrical with ownership interests. Although courts long have described dissolution as an extreme and disfavored remedy, they have done so without reference to the particular factual context unique to deadlocked closely-held corporations. Illinois has a unique shareholder-relief statute, which illustrates when dissolution is an appropriate remedy. Based on the statutory text, I suggest dissolution is a default …
U.S. Higher Education Financing Has Significantly Changed, So Too Should Seventh Circuit Student Loan Discharge Law, William L. Ryan
U.S. Higher Education Financing Has Significantly Changed, So Too Should Seventh Circuit Student Loan Discharge Law, William L. Ryan
Northern Illinois University Law Review
Every year in the U.S., millions of students use public and private student loans to finance a portion of their post-secondary education. Inevitably, many student borrowers find themselves in the financial doldrums in the years subsequent to the initial loan disbursement. From this precarious position of defaulted debtor, many seek a fresh start by way of a personal debt discharge in Bankruptcy Court. Prior to 1978, student loan debt was discharged in routine bankruptcy proceedings. In 1978, Congress inserted provision 11 U.S.C. 523(a)(8) into the Bankruptcy Code. Section 523(a)(8) is better known as the "undue hardship" provision. The undue hardship …