Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Privacy (2)
- Child custody (1)
- Child visitation (1)
- Childcare (1)
- Civil claim investigations (1)
-
- Custody (1)
- Deceitful investigation (1)
- Equitable parent (1)
- Fact investigation (1)
- Functional parent (1)
- Intrustion upon seclusion (1)
- Law firm supervision (1)
- Lawlor (1)
- Lawyer oversight of nonlawyers (1)
- Lawyer supervisioprivacy (1)
- Lawyer supervison (1)
- Legal ethics (1)
- Parentage (1)
- Parental responsibility (1)
- Presumed parent (1)
- Pretexting (1)
- Private investigators (1)
- Professional responsibility (1)
Articles 1 - 23 of 23
Full-Text Articles in Law
Equal Pay For Women Can Become A Reality: A Proposal For Enactment Of The Paycheck Fairness Act, Catherine Lerum
Equal Pay For Women Can Become A Reality: A Proposal For Enactment Of The Paycheck Fairness Act, Catherine Lerum
Northern Illinois University Law Review
The Equal Pay Act of 1963 has proved ineffective for women pursuing claims based on sex discrimination in the workplace. Legislative history indicates that the overall purpose of the EPA was to eliminate the wage gap; however, this honorable goal has not been achieved. The Paycheck Fairness Act, which was first introduced to Congress in 1997, will amend the EPA and further the original intent of Congress: eliminate the wage gap between men and women. The proposed legislation urges several new propositions, but this Legislative Note focuses on three amendments. First, the PFA would amend the infamous “any other factor …
Rethinking The Worker Classification Test: Employees, Entrepreneurship, And Empowerment, Griffin Toronjo Pivateau
Rethinking The Worker Classification Test: Employees, Entrepreneurship, And Empowerment, Griffin Toronjo Pivateau
Northern Illinois University Law Review
The structure of the American workplace depends on the ability to distinguish between employees and independent contractors. Unfortunately, the law provides little to guide employers in classifying workers. The legal tests to determine worker status are confusing, yield inconsistent results, and are not suited to the evolving employment relationship. Traditionally, courts examine the amount of control exerted over the putative employee by the employer: The more control exerted by the employer over the work, the more likely it is that the worker will be considered an employee. Control, however, is not the only factor to examine in determining worker status. …
How Tax Increment Financing (Tif) Districts Correlate With Taxable Properties, Randall K. Johnson
How Tax Increment Financing (Tif) Districts Correlate With Taxable Properties, Randall K. Johnson
Northern Illinois University Law Review
This article deals with Tax Increment Financing (TIF), which is a popular economic development tool. TIF borrows against future tax revenues to subsidize current development projects. In Illinois, this economic development tool is justified by its promise to expand the local tax base: by increasing tax revenues, increasing the number of taxpayers or increasing the number of taxable properties in the area. However, it is not clear that TIF delivers on its promise. A new dataset, which is introduced in this article, helps to clarify the issue. It does so by providing information about the number of TIF Districts in …
Two Wrongs Don't Make A Right: Implications Of The Sex Discrimination Present In Same-Sex Marriage Exclusions For The Next Supreme Court Same-Sex Marriage Case, Catherine Jean Archibald
Two Wrongs Don't Make A Right: Implications Of The Sex Discrimination Present In Same-Sex Marriage Exclusions For The Next Supreme Court Same-Sex Marriage Case, Catherine Jean Archibald
Northern Illinois University Law Review
This year was a historic time in the gay rights movement. While the nation held its collective breath, the Supreme Court deliberated over the questions of whether same-sex couples have constitutional rights to marry and have their marriages recognized by the federal government. In its landmark decision issued last summer, the Supreme Court struck down part of the Federal Defense of Marriage Act (DOMA), finding that same-sex couples married under state law must have their marriages recognized by the federal government. However, in its other same-sex marriage decision, the Supreme Court avoided the question, for now, of whether same-sex couples …
A Bend In The Law & Literature: Greed, Anarchy, And Dictatorship In The African Worlds Of V.S. Naipaul And Ngugi Wa Thiong'o, Dustin A. Zacks
A Bend In The Law & Literature: Greed, Anarchy, And Dictatorship In The African Worlds Of V.S. Naipaul And Ngugi Wa Thiong'o, Dustin A. Zacks
Northern Illinois University Law Review
This Article examines two giants of colonial and postcolonial fiction involving African states that heretofore have been largely ignored by the law and literature movement. Nobel Prize winner V.S. Naipaul and East Africa's foremost novelist Ngugi Wa Thiongo'o are worth studying for their vivid descriptions of the challenges postcolonial societies face “ challenges such as corruption and authoritarianism that are usually addressed, at least in legal scholarship, in the context of international or human rights law, rather than in the context of narrative fiction. The Article also critiques traditional academic literary criticism for its disparate treatment of the two authors. …
Consideration For A Price: Using The Contract Price To Interpret Ambiguous Contract Terms, Donald J. Smythe
Consideration For A Price: Using The Contract Price To Interpret Ambiguous Contract Terms, Donald J. Smythe
Northern Illinois University Law Review
Most contract cases involve disputes about the interpretation of the contracts. There is a voluminous law and economics literature on contract interpretation, but ironically, it does not address whether and how the contract term that is usually of most interest to economists “ the contract price “ might be used to interpret other ambiguous contract terms. This is no doubt in part because there are legal authorities that discourage courts from considering the adequacy of the contract price in deciding whether other clauses are contractually enforceable. However, these authorities are much more persuasive for some contracts than for others. Indeed, …
Two Years Is Too Long: The Two-Year Ban On The Agency Model Can Save The E-Book Industry But Ruin Bookstores, Jessica Harrill
Two Years Is Too Long: The Two-Year Ban On The Agency Model Can Save The E-Book Industry But Ruin Bookstores, Jessica Harrill
Northern Illinois University Law Review
Ever since electronic books and their e-readers hit the market, there has been a near constant struggle between the e-book retailers and the publishers on who should set the price for each e-book. In 2011, when Apple decided to join the e-reader battle, the publishers changed their pricing scheme with all e-book retailers, giving the publishers most of the power. An investigation by the Department of Justice into Apple and five of the six major publishing companies led to an antitrust suit for fixing prices that most publishers have since settled out of court. This Comment argues that one specific …
Vol. 34, No. 1, Fall 2013: Table Of Contents, Northern Illinois University Law Review
Vol. 34, No. 1, Fall 2013: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Reconsidering The Gathering/Publication Dichotomy: Recording As Speech? What Next?, Steven Helle
Reconsidering The Gathering/Publication Dichotomy: Recording As Speech? What Next?, Steven Helle
Northern Illinois University Law Review
The First Amendment information-gathering right has always been inferior to the long-established right to speak and publish. As such, the danger has been that a court concerned, for example, with prejudicial publicity could characterize the issue as gathering instead of publication—and apply a more relaxed standard. Indeed, the transparent concern in most gathering cases has been with the ultimate publication. When states defend statutes prohibiting recording without the consent of all parties to a conversation, the asserted “privacy” interests are generally not threatened by the physical act of recording, but by the disclosure of the content of the recording. Thus, …
Domestic Surveillance Via Drones: Looking Through The Lens Of The Fourth Amendment, Saby Ghoshray
Domestic Surveillance Via Drones: Looking Through The Lens Of The Fourth Amendment, Saby Ghoshray
Northern Illinois University Law Review
Prompted by a newly minted governmental conceptualization of domestic surveillance, this Article focuses on a set of legal and philosophical dimensions to evaluate whether drone-enabled surveillance of citizens comports with fundamental liberty. Identifying the post-9/11 landscape as a primary contributor to the emergence of a security-centric society, this Article provides an interpretative gloss on the contemporary legal frame-work's tendency toward immunizing governmental surveillance of its own citizens. By evaluating how the original understanding of the Fourth Amendment may have been attenuated within jurisprudence, this Article provides a stark reminder of why the aspiratory dimensions of the Framers' view of liberty …
Stop, Collaborate, And Listen!: The Effect Of Collaboration On Innovation And Policy In Medicaid Reform As Applied To The Illinois Smart Act And The New York Approach, Bailey Standish
Northern Illinois University Law Review
Recently, both Illinois and New York found themselves between a rock and a hard place as they were forced to choose where to save on providing vital medical services for their aging and poor residents. In order to cut their bloated budgets, the states took two approaches yielding vastly different results. After a brief background on Medicaid, the Illinois SMART Act, New York's reform model, and collaboration theory, this Legislative Note compares the approaches in Illinois and New York and seeks to explain why they yielded different results by applying collaboration theory to Medicaid reform. This Note argues that the …
New Private Privacy Intrusions During Prelitigation Civil Claim Investigations, Jeffrey A. Parness
New Private Privacy Intrusions During Prelitigation Civil Claim Investigations, Jeffrey A. Parness
Northern Illinois University Law Review
In Lawlor v. North American Corporation of Illinois, 2012, IL 112530, the Illinois Supreme Court first recognized the intentional tort of intrusion upon seclusion. It then applied the tort in favor of a former employee against a former employer whose agents deceitfully investigated the employee in contemplation of future civil litigation. In Lawlor, the employer’s lawyer was also involved in the investigation. Under certain circumstances, under the Lawlor rationale, that lawyer could also be liable in tort to the former employee. Lawyer liability after Lawlor could be founded on either the intentional or unintentional acts of either the lawyer or …
Before You Press Record: Unanswered Questions Surrounding The First Amendment Right To Film Public Police Activity, Jesse Harlan Alderman
Before You Press Record: Unanswered Questions Surrounding The First Amendment Right To Film Public Police Activity, Jesse Harlan Alderman
Northern Illinois University Law Review
In 2011 and 2012, two circuit courts of appeals held that there exists a positive First Amendment liberty to record police officers in the public performance of their official duties. The opinions represent a swift response to the hundreds of arrests of ordinary citizens for filming police that have received national and local publicity in recent years. After a recitation of the two opinions, Glik v. Cunniffe and ACLU of Illinois v. Alvarez, this Article discusses four unresolved questions that remain: (1) Will future courts that have not addressed the issue be persuaded by Judge Richard A. Posner's dissent in …
Illinois's Freedom Of Information Act: More Access Or More Hurdles?, Alyssa Harmon
Illinois's Freedom Of Information Act: More Access Or More Hurdles?, Alyssa Harmon
Northern Illinois University Law Review
Although the 2009 amendments to the Illinois Freedom of Information Act (FOIA) were intended to increase government transparency, the amendments lack the necessary sanctions, neutral oversight, and incentives for compliance with the Act. The purpose of enacting such "Sunshine" laws is to simplify the road to public access and rebuild public trust in government. This purpose has not yet been realized in Illinois. This Comment argues that sanctions against public bodies should be strengthened in order to increase compliance with the Act, that a cost-effective path to enforcement of the law should be created in order to increase incentives for …
Vol. 33, No. 3, Summer 2013: Table Of Contents, Northern Illinois University Law Review
Vol. 33, No. 3, Summer 2013: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
The Constitutionality Of Government Fees As Applied To The Poor, Henry Rose
The Constitutionality Of Government Fees As Applied To The Poor, Henry Rose
Northern Illinois University Law Review
The United States Supreme Court has frequently addressed the constitutionality of government fees that indigent persons cannot afford to pay, relying on due process or equal protection principles to decide these cases. The most recent decision by the Supreme Court involving this issue, M.L.B. v. S.L.J., 519 U.S. 102 (1996), relied on a confusing analysis of the applicable constitutional principles. This Article proposes that courts should apply the traditional equal protection analysis to decide this important constitutional issue in the future.
The Man Behind The Mask: Defamed Without A Remedy, Bryant Storm
The Man Behind The Mask: Defamed Without A Remedy, Bryant Storm
Northern Illinois University Law Review
Defamation law is a balance between the right of one person to speak and the right of another person to cure injuries to their reputation. Section 230 of the Communications Decency Act has substantially altered the careful equilibrium that is defamation law. In an effort to protect the flow of ideas and speech on the internet, Congress created a new law that upends traditional defamation law. The sweeping immunities that section 230 grants upon publishers, re-publishers, and distributors has had the effect of invalidating what were once other-wise legitimate causes of action in defamation. After the enactment of section 230, …
When Rain Falls, Insurance Companies Should Listen: Determining "Weather" An Insurance Policy's Exclusion Or Inclusion Of Property In The Open Refers To Property Simply Left Outside Or Property Exposed To The Elements, Marcus Jackson Jones
Northern Illinois University Law Review
This Article explores the meaning of "in the open" in the context of insurance policy interpretation. This issue, which has been addressed by several state and federal courts, has existed for over forty years. This Article explores the possibility that the misinterpretation of this phrase exists solely because courts have employed the wrong part of speech. For example, insurance policies generally prohibit coverage for property destroyed while "in the open" “ the noun part of speech. Hence, in these policies, "in the open" is used to signify a location. However, courts have chosen to interpret the insurance policies as prohibiting …
Vol. 33, No. 2, Spring 2013: Table Of Contents, Northern Illinois University Law Review
Vol. 33, No. 2, Spring 2013: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Is Torture Justified In Terrorism Cases?: Comparing U.S. And European Views, Stephen Hoffman
Is Torture Justified In Terrorism Cases?: Comparing U.S. And European Views, Stephen Hoffman
Northern Illinois University Law Review
Popular opinion regarding torture has changed significantly in the wake of 9/11 and subsequent terrorist attacks, with people in affected countries generally becoming more accepting of it as an interrogation tactic. This increase is especially notable where the torture of a few can save the lives of many, particularly where there is little time to pursue other, less-invasive means of interrogation—the so-called “ticking bomb” scenario. This Article discusses three key ethical theories of torture and compares the legal status of torture in the United States and the European Union, concluding that circumstances may require its use when necessary to save …
Limits On School Disciplinary Authority Over Online Student Speech, Steve Varel
Limits On School Disciplinary Authority Over Online Student Speech, Steve Varel
Northern Illinois University Law Review
When, if ever, can a public secondary school in the United States legally discipline a student for the content of a personal website, a Facebook post, a text message, or an email that the student created or transmitted from an off-campus location? The U.S. Supreme Court has never addressed the issue, and the lower courts have split on it, providing a number of different answers to the question. In answering this question, this Comment distinguishes between two kinds of off-campus internet speech: (1) threats or incitements to violence that are never protected by the First Amendment in any context (“true …
The Curious Case Of Dr. Jekyll And The Estate Tax Marital Deduction: Should Prenuptial Agreements Alter The Relationship?, Kelly Moore
Northern Illinois University Law Review
The tax code bestows various benefits upon married taxpayers based on the presumption that married individuals form a single economic unit and should be taxed accordingly. This article explores this presumption in cases where the married individuals' interactions are governed by a prenuptial agreement. Should married taxpayers be treated as economic units when they have entered an agreement allowing them to deviate from the state law burdens of marriage otherwise imposed? This article explores this question in the context of the estate tax marital deduction, which allows a 100% deduction for the value of property passing from a decedent to …
Federal Constitutional Childcare Interests And Superior Parental Rights In Illinois, Jeffrey A. Parness
Federal Constitutional Childcare Interests And Superior Parental Rights In Illinois, Jeffrey A. Parness
Northern Illinois University Law Review
The U.S. Supreme Court has long recognized federal constitutional childcare rights in parents that may not be easily diminished or eliminated by government. Yet it has allowed these childcare rightsholders to be chiefly defined by state laws. The relevant state laws vary widely, dependent upon such factors as biological ties, functional parenthood, contracts, and the avenues to conception. Deference to state lawmaking here is unique. No other federal constitutional rightsholders are so significantly defined by state statutes and precedents. This deference has resulted in significant interstate variations in de facto parent, equitable adoption, presumed parent and surrogacy matters, as well …