Law Commons^™

An Ethical Education: Community And Morality In The Multicultural University, Mortimer N.S. Sellers

Books

This book considers the ethical basis of fundamental university policies with special emphasis on how issues of community and diversity influence education. The authors raise four central questions in this volume:

- What should the aims of universities be, given their changed demography?

- How should university curricula reflect multicultural society?

- Does the new environment require special treatment of campus speech?

- What role should affirmative action play in promoting diversity or community in the academy?

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

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

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

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

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

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

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 …

How To Prevent Another Larsen Affair, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

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

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.

Mid-Atlantic Ethics Committee Newsletter, Fall 1994

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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.

The Treachery Of Perception: Evidence And Experience In Clarissa, Judy Cornett

Scholarly Works

No abstract provided.

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.

Starting With The Students: Lessons From Popular Education, Fran Ansley

Scholarly Works

No abstract provided.

Drennon V. General Electric Company, Penny White

Scholarly Works

No abstract provided.

The Development Of The Better Schools Program In Tennessee From 1981 To 1986, Daris A. Gose

Electronic Theses and Dissertations

The purpose of this study was to investigate the origin, development, and implementation of the Better Schools Program in Tennessee. Materials were gathered from East Tennessee State University Library, University of Tennessee Library, Walters State Community College Library, Belmont University Library, Tennessee State Library and Archives and Morristown-Hamblen County Library. These materials consisted of government documents, presidential and gubernatorial speeches, audio and video tapes, books, and periodicals. Personal interviews were also collected from two TEA members and seven legislators. The materials were analyzed, and important passages were marked, incorporated into the paper, and documented. The research questions were (1) What …

Logic And The Common Law Trial, Richard H. Underwood

Law Faculty Scholarly Articles

In this article, the author explores some of the inconsistencies between logic and the practice of law. The article draws together numerous anecdotes and examples of situations in which common sense was rejected or ignored in the name of legal procedure. The article focuses on various argument styles employed by lawyers.

Mid-Atlantic Ethics Committee Newsletter, Summer 1994

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Anti-Money Laundering Regulations: A Burden On Financial Institutions, Duncan E. Alford

Faculty Publications

No abstract provided.

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

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

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.

Doing Environmental Justice In Appalachia: Lawyers At The Grassroots And The Aspiration Of Social Change, Dean Rivkin

Scholarly Works

No abstract provided.

European Law: Thinking About It And Teaching It - An Introduction To The Symposium (Dimensions Of European Union Law: A Symposium), David J. Gerber

David J. Gerber

No abstract provided.

10 Things They Never Taught You In Law School, Penny White

Scholarly Works

No abstract provided.

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

William & Mary Law Review

No abstract provided.

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.