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2000

Northern Illinois University

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Full-Text Articles in Law

Hip-Hip-Hurray For Illinois Taxpayers, Or Is It Too Early To Cheer?: An Analysis Of In Re Consolidated Objections To Tax Levies Of School District No. 205, For Years 1991 Through 1996, Christina M. Cantlin-Vanwiggeren Jul 2000

Hip-Hip-Hurray For Illinois Taxpayers, Or Is It Too Early To Cheer?: An Analysis Of In Re Consolidated Objections To Tax Levies Of School District No. 205, For Years 1991 Through 1996, Christina M. Cantlin-Vanwiggeren

Northern Illinois University Law Review

This casenote will discuss and examine how the Local Government and Governmental Employees Tort Immunity Act ("Tort Immunity Act" or "the Act") should be applied in Illinois based on a case of first impression: In re Consolidated Objections to Tax Levies of School District No. 205, for Years 1991 Through 1996. Section I of this casenote is divided into two segments. Section A discusses the development and historical attributes of tort liability by analyzing the common law development of tort liability and the doctrine of sovereign immunity. Section B chronologically examines the development and language modifications of the Tort Immunity …

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Vol. 20, Nos. 2-3, 2000: Table Of Contents, Northern Illinois University Law Review Jul 2000

Vol. 20, Nos. 2-3, 2000: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.

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Mp3 In Y2k: The Audio Home Recording Act And Other Important Copyright Issues For The Year Mm, Nathan Scharton Jul 2000

Mp3 In Y2k: The Audio Home Recording Act And Other Important Copyright Issues For The Year Mm, Nathan Scharton

Northern Illinois University Law Review

This comment will examine the issues and implications of music and the Internet as affected by several competing interests. Part I briefly outlines the current state of affairs in MP3 music by examining the driving forces behind Internet music. Part II explains the constitutional rights of copyright holders and the goals of copyright law. The constitutional issues are further developed under the United States Supreme Court's decision in Sony Corp. of America v. Universal City Studios, Inc. Part Ill briefly introduces some important aspects of the AHRA. Part IV uses the recent Ninth Circuit case, Recording Industry Ass'n of America …

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Law & Literature And The Moderns: Explorations, George Anastaplo Jul 2000

Law & Literature And The Moderns: Explorations, George Anastaplo

Northern Illinois University Law Review

Law and Literature courses are intended, at least in part, to supply the sound moral understanding as well as the elementary intellectual skills that law students need before they can learn to read in the way that is needed for a profession which very much depends upon disciplined reading and writing. Unfortunately, many if not most of the texts drawn upon in the Law and Literature courses are, or are treated as if they were, of the third or fourth rank. These are texts which are mined in such courses for "cases" and legal issues rather than approached as texts …

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George Anastaplo: An Autobiographical Bibliography (1947-2001), George Anastaplo Jul 2000

George Anastaplo: An Autobiographical Bibliography (1947-2001), George Anastaplo

Northern Illinois University Law Review

Includes public papers, books, other publications, talks and papers, and selected letters to editors.

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Vol. 20, No. 1, Spring 2000: Table Of Contents, Northern Illinois University Law Review May 2000

Vol. 20, No. 1, Spring 2000: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.

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Secured Transactions History: The Northern Struggle To Defeat The Judgment Lien In The Pre-Chattel Mortgage Act Era, George Lee Flint Jr. May 2000

Secured Transactions History: The Northern Struggle To Defeat The Judgment Lien In The Pre-Chattel Mortgage Act Era, George Lee Flint Jr.

Northern Illinois University Law Review

Reformers recently have attacked the priority accorded the Anglo-American nonpossessory secured transaction both under bankruptcy and non-bankruptcy law. These reformers believe that the law should reserve some of the debtors' assets for general creditors, most notably tort claimants with judgment liens. The priority rule like many legal rules was adopted to solve some problem. The problem has disappeared, yet the rule remains. Thus, lawmakers must determine if some new rationale justifies the rule and, if so, the rule takes on a new life. If not, then lawmakers should change rules to accommodate the new conditions. This article aims to provide …

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Attempted Stalking: An Attempt-To-Almost-Attempt-To-Act, Nick Zimmerman May 2000

Attempted Stalking: An Attempt-To-Almost-Attempt-To-Act, Nick Zimmerman

Northern Illinois University Law Review

Crimes of recklessness, crimes of possession, and crimes such as stalking are arguably inchoate. This is so because the government is seeking to prevent conduct which in itself is not physically harmful but has in the past proved to be the precursor to serious criminal acts. The creation of these "inchoate" offenses is not terribly troublesome “ they rest on sound public policy. However, when "inchoate" crimes such as these are enacted, the legislature implicitly creates an attempt of the same crime because almost all fifty states have enacted general attempt statutes “ statutes which create a crime of attempt …

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Is Imminence Really Necessity? Reconciling Traditional Self-Defense Doctrine With The Battered Woman Syndrome, Jeffrey B. Murdoch May 2000

Is Imminence Really Necessity? Reconciling Traditional Self-Defense Doctrine With The Battered Woman Syndrome, Jeffrey B. Murdoch

Northern Illinois University Law Review

Since the late 1970s, courts have been forced to deal with the question of whether and how the Battered Woman Syndrome can be used in a defense when a battered victim kills her abuser. The application of traditional self-defense law to these situations has proven problematic and resulted in a lack of uniformity regarding the disposition of these cases. When a theory seems incapable of dealing with situations for which it was purportedly developed, a reexamination of the theory is warranted. This comment focuses on whether imminence is a necessary condition in a claim of self-defense or if there are …

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Understanding The Limited Effect Of Moziof V. United States On Wrongful Death Damages Under The Federal Tort Claims Act, Cyrus B. Richardson Iii May 2000

Understanding The Limited Effect Of Moziof V. United States On Wrongful Death Damages Under The Federal Tort Claims Act, Cyrus B. Richardson Iii

Northern Illinois University Law Review

Congress excluded punitive damages from the damages available under the Federal Tort Claims Act (FTCA). As a result of this exclusion, damage calculations in wrongful death cases are often perceived to be confusing aspects of FTCA litigation. This confusion lies in the determination of which aspects of a state's wrongful death damage award are permitted by the FTCA and which are barred by the Act's punitive damage exclusion. However, in the 1992 FTCA personal injury case Molzof v. United States, the Supreme Court held that the FTCA's punitive damages exclusion bars only the recovery of what are legally considered to …

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The Innocence Commission: An Independent Review Board For Wrongful Convictions, David Horan May 2000

The Innocence Commission: An Independent Review Board For Wrongful Convictions, David Horan

Northern Illinois University Law Review

Convicting the innocent is no less a problem in the United States than in Great Britain. Yet the United States Congress has recently passed legislation making federal habeas corpus remedies for actual innocence more difficult to obtain, while at the same time the British Parliament passed legislation establishing the Criminal Cases Review Commission (CCRC), an independent body to investigate suspected miscarriages of justice in Great Britain. The problem of convicting the innocent is especially notable in Illinois, which has now exonerated and released more death row inmates (thirteen) than it has executed since 1977 (twelve). As a result, state political …

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