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1984

Law

Northern Illinois University

Articles 1 - 11 of 11

Full-Text Articles in Law

Discrimination In Jury Selection Via Peremptory Challenge: Many Are Called, But Few Are Chosen, Robert Paul Arnold Nov 1984

Discrimination In Jury Selection Via Peremptory Challenge: Many Are Called, But Few Are Chosen, Robert Paul Arnold

Northern Illinois University Law Review

An overview of the law regarding the exercise of peremptory challenges to eliminate minority group members from jury participation. The primary focus of the article is a discussion of the Swain v. Alabama test enunciated by the United States Supreme Court and its application and/or reformation by subsequent state court decisions.


Federal Courts And The Changing Role Of American Political Parties, Richard A. Brisbin Jr. Nov 1984

Federal Courts And The Changing Role Of American Political Parties, Richard A. Brisbin Jr.

Northern Illinois University Law Review

Although the contention that American political parties have undergone fundamental changes in the past two decades has been intensely studied, one aspect of the transformation of parties has not received much attention. Since 1940 the legal role of parties as governmental institutions or their ad hoc constitutional status has been redirected by federal courts. This essay explores the nature of federal judicial interpretations of the role of parties in American governance. After an introduction to the function of parties in the governmental process, the demands for change in party status are described and the choices of judges in response to …


South-Central Timber Development, Inc. V. Wunnicke: The Dormant Commerce Clause Fells Alaska's Primary Manufacture Requirement For The Sale Of State-Owned Timber, Robert A. Larsen Nov 1984

South-Central Timber Development, Inc. V. Wunnicke: The Dormant Commerce Clause Fells Alaska's Primary Manufacture Requirement For The Sale Of State-Owned Timber, Robert A. Larsen

Northern Illinois University Law Review

An analysis of the Supreme Court's opinion in South-Central Timber Development, Inc. v. Wunnicke including a general commerce clause discussion and potential implications as a result of the decision.


Expansion Of A Real Estate Broker's Duties: Is Easton V. Strassburger In Illinois' Future?, Kathryn J. Brown Nov 1984

Expansion Of A Real Estate Broker's Duties: Is Easton V. Strassburger In Illinois' Future?, Kathryn J. Brown

Northern Illinois University Law Review

An examination of traditional causes of action available in Illinois for prospective purchasers of real estate against real estate brokers compared to a novel negligence standard applied to real estate brokers in California as adopted in Easton v. Strassburger.


Protection Of Potential Human Life In Illinois: Policy And Law At Odds, Jeffrey A. Parness Nov 1984

Protection Of Potential Human Life In Illinois: Policy And Law At Odds, Jeffrey A. Parness

Northern Illinois University Law Review

An examination of the decision in Roe v. Wade and the objectives underlying state protection of potential human life. This article examines the prevailing Illinois public policy and current Illinois law, as well as suggesting potential changes for total protection of potential human life.


Lynch V. Donnelly: One Foot Off The Tightrope?, Jacqueline M. Gerber Nov 1984

Lynch V. Donnelly: One Foot Off The Tightrope?, Jacqueline M. Gerber

Northern Illinois University Law Review

An in-depth study of the first amendment establishment clause and its application to the controversial decision in Lynch v. Donnelly with emphasis on how the Court used the Lemon test to uphold display of a city-funded creche during the Christmas holidays.


Constitutional Bases For A Right Of Access To Counsel At The Pre-Trial Stages Of Drunk Driving Prosecutions: A Study In Conflicting Rights, Russell G. Murphy May 1984

Constitutional Bases For A Right Of Access To Counsel At The Pre-Trial Stages Of Drunk Driving Prosecutions: A Study In Conflicting Rights, Russell G. Murphy

Northern Illinois University Law Review

A comprehensive examination of fifth, sixth, and fourteenth amendment bases for a right of access to legal counsel for persons charged with driving under the influence of alcohol who must decide whether to submit to the administration of a blood alcohol content analysis test.


Nlrb V. Bildisco & Bildisco: Rejection Of Collective Bargaining Agreements By Chapter 11 Debtors Receives High Court Approval, Robert E. Dooley May 1984

Nlrb V. Bildisco & Bildisco: Rejection Of Collective Bargaining Agreements By Chapter 11 Debtors Receives High Court Approval, Robert E. Dooley

Northern Illinois University Law Review

A review of the litigation culminating in the NLRB v. Bildisco & Bildisco decision and its legislative impact.


The Role Of Ideology In Prisoners' Rights Adjudication: Habilitative Prison Conditions And The Eighth Amendment, James E. Robertson May 1984

The Role Of Ideology In Prisoners' Rights Adjudication: Habilitative Prison Conditions And The Eighth Amendment, James E. Robertson

Northern Illinois University Law Review

A discussion of the eighth amendment right to habilitative prison conditions, focusing on the Supreme Court's failure to recognize such a right in Rhodes v. Chapman.


Dirks V. Sec: Delineating The Scope Of Insider Trading Liability Under Rule 10b-5, Bruno G. Para May 1984

Dirks V. Sec: Delineating The Scope Of Insider Trading Liability Under Rule 10b-5, Bruno G. Para

Northern Illinois University Law Review

A discussion of Dirks v. SEC, examining the circumstances under which a duty to disclose material nonpublic information will be imposed and to whom such a duty of disclosure is owed.


The Illinois Criminal Sexual Assault And Abuse Act, Roberta R. Hogan May 1984

The Illinois Criminal Sexual Assault And Abuse Act, Roberta R. Hogan

Northern Illinois University Law Review

An examination of the changing criminal sexual conduct statutes, as exemplified by the newly enacted Illinois Criminal Sexual Assault and Abuse Act.