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Full-Text Articles in Law
A Judicial Blow For "Jane Crowism" At The Citadel In Faulkner V. Jones, Sara L. Mandelbaum
A Judicial Blow For "Jane Crowism" At The Citadel In Faulkner V. Jones, Sara L. Mandelbaum
Northern Illinois University Law Review
The Citadel, the military college of South Carolina, and the Virginia Military Institute, two bastions of male privilege in the South, are fighting to keep women out with vengeance reminiscent of the era of massive resistance. This article, a portion of a longer article in progress, delineates the major constitutional questions raised by these cases from the point of view of counsel to Shannon Faulkner, the young woman who sued for admission to The Citadel. As one federal judge has recognized, these cases are not so much about education as about "wealth, power, and the ability of those who have …
The Illinois Parentage Act: Constitutional?, Stephen A. Stobbs
The Illinois Parentage Act: Constitutional?, Stephen A. Stobbs
Northern Illinois University Law Review
In Illinois, a putative father's relationship with his child can be arbitrarily terminated by the State. A man who fathers a child and abandons both the mother and child is subject to court termination of his parental rights. However, the same person can actively care for and participate in every way with his child's rearing, and still be subject to court termination of his relationship. In essence, the rule in Illinois is that a father's parental rights are not dependent on the relationship he has with his child, but rather, on a law which ignores the nature of their relationship. …
What's Good For The Goose Is Good For The Gander: Toward Recognition Of Men's Reproductive Rights, Mary A. Totz
What's Good For The Goose Is Good For The Gander: Toward Recognition Of Men's Reproductive Rights, Mary A. Totz
Northern Illinois University Law Review
Over the past few decades, gender equality has slowly made its way into many areas of family law where women were once the favored sex. Despite the trend toward treating men and women equally, women continue to have the unilateral right to decide whether a conception, which was jointly formed, will result in parenthood. From the time a pregnancy commences until a fetus is either born or aborted, courts have held that a man has no right to decide whether or not he will become a parent. This comment examines recent changes in society and the law which, in appropriate …
Griswold V. Connecticut And The Unenumerated Right Of Prvacy, David Helscher
Griswold V. Connecticut And The Unenumerated Right Of Prvacy, David Helscher
Northern Illinois University Law Review
In 1965, the United States Supreme Court recognized a constitutional right of privacy in marital sexual matters in Griswold v. Connecticut. In the thirty years since the decision, privacy rights have been extended to some areas of sexual expression, reproductive choices and classes of individuals. The right of privacy set out in Griswold has not been extended to all areas of sexual matters. An examination of the landmark case, its historical support for the right of privacy, and subsequent case development draw into question the Supreme Court's 1986 decision in Bowers v. Hardwick and possible future appeals based on an …
Indian Child Welfare Act Of 1978: The Congressional Foray Into The Adoption Process, Brian D. Gallagher
Indian Child Welfare Act Of 1978: The Congressional Foray Into The Adoption Process, Brian D. Gallagher
Northern Illinois University Law Review
Adoption law has become the focus of increased media and legal attention in the past few years. In 1978, Congress entered the adoption process, an area traditionally reserved for state regulation, through passage of the Indian Child Welfare Act. This Act was intended to remedy the "wholesale separation of Indian children from their families," which was viewed as being "perhaps the most tragic and destructive aspect of American Indian life ...". This article addresses the effect this Act has had over the past seventeen years. While a definitive statement regarding the success or failure of the act with respect to …
Single-Gender Education: Is It Beneficial To Society?, Claudius E. Watts Iii
Single-Gender Education: Is It Beneficial To Society?, Claudius E. Watts Iii
Northern Illinois University Law Review
This speech, delivered before the Presbyterian Men of the First and Providence Churches at Hilton Head Island, South Carolina, states the case for single-gender education, arguing that it is not only beneficial, but desperately needed in today's society. Claudius Watts explains that men and women have different needs, different desires, and most importantly, different responses to the environments in which they learn and develop. He argues that The Citadel's program is one specifically designed for training and educating young males to become young men, and that it is exceedingly successful in doing so. Finally, he asserts that equality in South …
Castration As An Alternative To Incarceration: An Impotent Approach To The Punishment Of Sex Offenders, Kari A. Vanderzyl
Castration As An Alternative To Incarceration: An Impotent Approach To The Punishment Of Sex Offenders, Kari A. Vanderzyl
Northern Illinois University Law Review
Although recognized as an acceptable form of punishment in other cultures, castration as a punitive measure has traditionally found limited support in the United States. This comment examines the use of castration as a form of punishment, tracing the procedure from its origins in the eugenics movement in the early twentieth century to the recent popularity of chemical castration as an alternative to incarceration for sex offenders. The comment discusses constitutional challenges to the castration of sex offenders and addresses the economic and social policy considerations implicated by the practice. The author concludes that castration represents an unconstitutional and ineffective …
Confidentiality And Disclosure In Accreditation, Timothy Stoltzfus Jost
Confidentiality And Disclosure In Accreditation, Timothy Stoltzfus Jost
Law and Contemporary Problems
The law and the internal policies of accrediting entities have protected the confidentiality of accreditation information, but regulators who rely on accreditation decisions for public purposes are demanding greater access to this information. The litigation involving access to accrediting information is examined.
Accrediting And The Sherman Act, Clark C. Havighurst, Peter M. Brody
Accrediting And The Sherman Act, Clark C. Havighurst, Peter M. Brody
Law and Contemporary Problems
The shortcomings of the Sherman Act as it relates to private accrediting are examined in order to assist courts in minimizing the anticompetitive features of accreditation and maximizing its procompetitive benefits. A lack of clear legal principles to guide factual analysis and to facilitate the granting of summary judgment in appropriate cases has led to unfocused and protracted litigation.
Tort Liability To Those Injured By Negligent Accreditation Decisions, Peter H. Schuck
Tort Liability To Those Injured By Negligent Accreditation Decisions, Peter H. Schuck
Law and Contemporary Problems
The risk of tort liability for negligent accreditators is examined. Only a single court has held a private accrediting body liable to a consumer for negligence in connection with its evaluation of a social service provider.
Racial Segregation In Canadian Legal History: Viola Desmond's Challenge, Nova Scotia, 1946, Constance Backhouse
Racial Segregation In Canadian Legal History: Viola Desmond's Challenge, Nova Scotia, 1946, Constance Backhouse
Dalhousie Law Journal
Viola Desmond's courageous efforts to eliminate racial segregation are not as well known to Canadians in general. However, the legal response to Viola Desmond' s challenge provides one of the best examples of the historical role of law in sustaining racism in Canada.
Who Owns The Family Farm? The Struggle To Determine The Property Rights Of Farm Wives, Susan A. Schneider
Who Owns The Family Farm? The Struggle To Determine The Property Rights Of Farm Wives, Susan A. Schneider
Northern Illinois University Law Review
This article reviews the historical transition of the legal status of farm wives, analyzes current laws affecting the respective ownership rights of husbands and wives to family farm assets, and discusses current federal farm programs as they relate to the treatment of husbands and wives. The author asserts that while the role of the farm wife has changed dramatically since pre-industrial times, her importance to farming has not. Finally, the author concludes that both husbands and wives are well advised to give careful consideration to their respective legal status and its potential interpretation by courts in their jurisdiction.
Wisconsin V. Mitchell: The End Of Hate Crimes Or Just The End Of The First Amendment, Lisa M. Stozek
Wisconsin V. Mitchell: The End Of Hate Crimes Or Just The End Of The First Amendment, Lisa M. Stozek
Northern Illinois University Law Review
This note examines Wisconsin v. Mitchell, wherein the United States Supreme Court ruled that the Constitution does not forbid "hate crime statutes" which lengthen the sentence of a criminal defendant for committing a bias-motivated crime. The author identifies a long line of First Amendment cases that are arguably contradictory to the Court's holding and examines the potential impact the decision's limit on free expression may have on society and free speech. The author concludes that while the Court's goal of suppressing hate crimes was admirable, the decision treads dangerously close to criminalizing speech and thought.
Violent Crimes At Atms: Analysis Of The Liability Of Banks And The Regulation Of Protective Measures, Gregory W. Hoskins
Violent Crimes At Atms: Analysis Of The Liability Of Banks And The Regulation Of Protective Measures, Gregory W. Hoskins
Northern Illinois University Law Review
This comment examines the growing frequency of violent crimes at automated teller machines (ATMs). The comment analyzes the potential theories of placing liability on financial institutions and identifies the existing regulatory measures that provide protection to ATM users. The author recommends the enactment of legislation which clearly sets forth the minimum acceptable standards of security and provides for further protection of users.
Some Economic Aspects Of Crime In The United States, Joseph A. Martellaro
Some Economic Aspects Of Crime In The United States, Joseph A. Martellaro
Northern Illinois University Law Review
This article focuses on the economic aspects of crime in the United States, specifically analyzing crimes which are committed by persons upon other persons and against property. The author notes that NAFTA may result in an increased influx of crime due to increased activity between the United States, Canada and Mexico. The article proceeds to analyze the economic aspects of criminal behavior by examining the probability of success via "Risk-Factors." The article examines the enormous cost of crime in the United States, and concludes that the monetary awards of crime will continue to result in an increase in criminal activity, …
Triggering Coverage Of Progressive Property Loss: Preserving The Distinctions Between First- And Third-Party Insurance Policies, Chandra Lantz
Triggering Coverage Of Progressive Property Loss: Preserving The Distinctions Between First- And Third-Party Insurance Policies, Chandra Lantz
William & Mary Law Review
No abstract provided.
Commercial Speech Suffers A First Amendment Blow In United States V. Edge Broadcasting Co., Tara Lavery
Commercial Speech Suffers A First Amendment Blow In United States V. Edge Broadcasting Co., Tara Lavery
Northern Illinois University Law Review
This note examines the United States Supreme Court decision upholding the federal anti-lottery statutory scheme as constitutional under the First Amendment. The author contends that the Court disregarded precedent which established intermediate scrutiny as the standard of review when determining the constitutionality of restrictions on commercial speech. The Court utilized a mere rationality review, by deferring to legislative policies that at one time served an important interest, but no longer substantiate a complete ban on the free flow of truthful commercial information.
Antecedents Of The Ito Charter And Their Relevance For The Uruguay Round, Raymond F. Mikesell
Antecedents Of The Ito Charter And Their Relevance For The Uruguay Round, Raymond F. Mikesell
Northern Illinois University Law Review
The author discusses the origins of the International Trade Organization ("ITO") and the International Monetary Fund ("IMF"). Next, the author addresses the issue of legalism versus pragmatism in the administration of the ITO and IMF. The author closes with a warning that the Uruguay Round did little to satisfy criticism that the General Agreement on Tariffs and Trade was too legalistic.
Minnesota V. Dickerson: "Plain Feel" And The Expansion Of Terry To Allow Warrantless Seizures Of Non-Weapon Contraband, Mark D. Walton
Minnesota V. Dickerson: "Plain Feel" And The Expansion Of Terry To Allow Warrantless Seizures Of Non-Weapon Contraband, Mark D. Walton
Northern Illinois University Law Review
This note examines the United States Supreme Court decision accepting a "plain feel" analogue to the plain view doctrine. The author contends that this is an improper expansion of Terry v. Ohio that will result in routine warrantless personal searches for non-weapon contraband.
The Arts As A Cultural And Economic Factor In World Trade, Stanley S. Madeja
The Arts As A Cultural And Economic Factor In World Trade, Stanley S. Madeja
Northern Illinois University Law Review
The author begins by reviewing the cultural vision reflected in the United Nations Charter. The author analyzes the growth and development in the arts and arts industry since 1945, and discusses the arts as both an economic force in the United States and as a commodity in world trade. The author concludes with a discussion regarding ownership of the arts and culture, intellectual property rights, and copyrights in the field of electronic imaging.
Trade In The 1990s: Is An International Organization For Multinational Enterprises Needed?, Anthony Scaperlanda
Trade In The 1990s: Is An International Organization For Multinational Enterprises Needed?, Anthony Scaperlanda
Northern Illinois University Law Review
This article explores the need for an organization to control and monitor multinational corporations due to the recent increase in the number of the multinational corporations and a corresponding increase in foreign direct investment. The article examines contemporary international trade theory, and then proceeds to analyze the scope and need for an international organization for multinational enterprises.
Lesbians, Gays And The Struggle For Equality Rights: Reversing The Progressive Hypothesis, Mary Eaton
Lesbians, Gays And The Struggle For Equality Rights: Reversing The Progressive Hypothesis, Mary Eaton
Dalhousie Law Journal
The tale often told of Canadian law's advancement in the field of sexual orientation rights is simple but sublime: law has moved, however ploddingly and not without substantial prodding, out of an epoch of almost total repression, into an evermore enlightened era. Castigated by criminal law, pushed to the perimeter by administrative law, and ignored by human rights law, the "homosexual"' had once been law's quintessential "other." In recent years, however, legislatures and courts have increasingly been willing to recognize "homosexuals" as a constituency too long held down by the heavy hand of legal control. Most penal prohibitions against exercises …
Solving The Chevron Puzzle, Linda R. Cohen, Matthew L. Spitzer
Solving The Chevron Puzzle, Linda R. Cohen, Matthew L. Spitzer
Law and Contemporary Problems
The "Chevron" decision, which boils down to the rule that federal courts must respect any reasonable interpretation by an administrative agency of its own statute, is discussed. This decision and its relationship to the modern system of administrative government in the US is examined.
"Running Hard To Stand Still": The Paradox Of Family Law Reform, Mary Jane Mossman
"Running Hard To Stand Still": The Paradox Of Family Law Reform, Mary Jane Mossman
Dalhousie Law Journal
This essay explores the paradox of family law reform in common law Canada, focusing particularly on reforms relating to family property and inter-spousal support in the decades after the first federal Divorce Act of 1968. The paradox of this law reform activity is well-expressed in Carol Smart's colourful phrase about the (lack of) impact of law reform for women in the United Kingdom. In her view, while it is inaccurate to say that nothing has been done to improve the position of women, it is equally impossible to demonstrate that there has been any linear development of progressive legislation; in …
"Solutions In Sciences Outside Of The Law!?" Rodriguez V. British Columbia (A.G.), Anne Jackman
"Solutions In Sciences Outside Of The Law!?" Rodriguez V. British Columbia (A.G.), Anne Jackman
Dalhousie Law Journal
While we are forced, somewhat begrudgingly, to face the fact that there are limitations to what medicine can achieve, we still seem to have an undisturbed faith in what law can achieve. The limitations to what litigation under the Canadian Charter of Rights and Freedoms' can achieve was highlighted most recently in the case of Rodriguez v. British Columbia (A.G.)2 where the Supreme Court of Canada, by a five to four margin, upheld the constitutionality of the assisted suicide provisions of the Criminal Code.3 The Court recognized that Ms. Rodriguez's rights were violated but concluded that the infringement did not …
Playing The Game, Allan C. Hutchinson
Playing The Game, Allan C. Hutchinson
Dalhousie Law Journal
Soccer is my game. It has been part of my life and, therefore, a part of me since before I can remember. Much of my early years was spent kicking a ball around in one setting or another. Sleeping or waking, I was never far from a soccer ball. On my own against a wall or with a couple of likeminded friends, I took the part of legendary favourites and played out some of soccer's great games. The stuff of boyhood fantasizing, some of my best memories can still be traced back to my grandfather's back yard or the local …
Imposition, Richard Delgado, Jean Stefancic
Imposition, Richard Delgado, Jean Stefancic
William & Mary Law Review
No abstract provided.
The Word On Trial, Robin West
Scorn, Richard Delgado, Jean Stefancic
Scorn, Richard Delgado, Jean Stefancic
William & Mary Law Review
No abstract provided.
Class, Personality, Contract, And Unconscionability, Jeffrey L. Harrison
Class, Personality, Contract, And Unconscionability, Jeffrey L. Harrison
William & Mary Law Review
No abstract provided.