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Articles 1 - 6 of 6
Full-Text Articles in Law
Vol. 5 No. 1, Fall 2013; "Correcting" The Foreclosure Crisis?, Matthew Broucek
Vol. 5 No. 1, Fall 2013; "Correcting" The Foreclosure Crisis?, Matthew Broucek
Northern Illinois Law Review Supplement
Mortgage Resolution Partners, a venture capitalist firm based out of San Francisco, has been visiting with state and local governments across the country. Mortgage Resolution Partners proposes that eminent domain can, and should, be used to seize mortgages and refinance them in an attempt to correct the United States' foreclosure crisis. This article identifies and analyzes the policy issues and constitutional concerns that are inherent in the plan. The most critical constitutional concerns with the plan implicate the Takings Clause, the Contracts Clause, and the Dormant Commerce Clause of the United States Constitution.
Vol. 5 No. 1, Fall 2013; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Vol. 5 No. 1, Fall 2013; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Northern Illinois Law Review Supplement
No abstract provided.
Vol. 5 No. 1, Fall 2013; Debtors Deserve The Dischargeability Of Tax Liability To Be "Honest And Reasonable", Robert Finegan
Vol. 5 No. 1, Fall 2013; Debtors Deserve The Dischargeability Of Tax Liability To Be "Honest And Reasonable", Robert Finegan
Northern Illinois Law Review Supplement
The most current version of the Bankruptcy Code, the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), is considered one of the most technical and comprehensive reforms to the Bankruptcy Code. Facing a dramatic increase in consumer bankruptcies and fearing an increase in abuse of the system, Congress included stricter guidelines and rules to try and prevent debtor abuse in BAPCPA. Another addition that BAPCPA added, and at the heart of this Comment, was the addition of a hanging paragraph to the Bankruptcy Code section 523(a). The issue of whether a person can discharge their tax liability through a Chapter …
Vol. 4 No. 2, Spring 2013; The Error In Finding That Undocumented Persons Are Not “The People”: A Deeper Look At The Implications Of United States V. Portillo-Munoz, Dorota Gibala
Northern Illinois Law Review Supplement
In 2011, the Fifth Circuit held in United States v. Portillo-Munoz that undocumented persons are not entitled to the protections of the Second Amendment to the Constitution. Although part of the court’s reasoning was based on 18 U.S.C. § 922(g)(5), its decision also turned on the belief that the meaning of the phrase “the people” in the Second Amendment did not incorporate undocumented persons. This Note argues that Portillo-Munoz’s interpretation of “the people,” as implying that “the people” exclusively encompasses only citizens, is erroneous with how the phrase “the people” is similarly situated in the Fourth Amendment. As set out …
Vol. 4 No. 2, Spring 2013; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Vol. 4 No. 2, Spring 2013; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Northern Illinois Law Review Supplement
No abstract provided.
Vol. 4 No. 2, Spring 2013; The “Cowardly Counsel” Exception: Eliminating The Contemporaneous Objection Rule, Elizabeth George
Vol. 4 No. 2, Spring 2013; The “Cowardly Counsel” Exception: Eliminating The Contemporaneous Objection Rule, Elizabeth George
Northern Illinois Law Review Supplement
The contemporaneous objection rule is very clear and precise in its application. However, as the law stands in the Ninth Circuit, failure to contemporaneously object coupled with any mention of race by the sentencing judge is automatic grounds for resentencing. This article explores the origins of this exception to the contemporaneous objection rule. Next, it explores why these statements constitute harmless error on the part of the trial court. Finally, it explains why this “cowardly counsel” exception could have potentially devastating effects to the policies that underlie the contemporaneous objection rule.