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Articles 1 - 25 of 25
Full-Text Articles in Law
The Pending Reinvigoration Of Boyd: Personal Papers Are Protected By The Privilege Against Self-Incrimination, Aaron M. Clemens
The Pending Reinvigoration Of Boyd: Personal Papers Are Protected By The Privilege Against Self-Incrimination, Aaron M. Clemens
Northern Illinois University Law Review
This article delineates the extent that personal papers and diaries are protected against being used to incriminate a person who had been compelled to produce them. It examines the way the Fifth Amendment privilege has been interpreted by the United States Supreme Court in relation to personal papers, places this jurisprudence in context, and posits a conclusion based on the Court's recent trends. It concludes that the Court should not allow American law enforcement officials to compel examination of a person's personal papers yet prosecute this person based on these compelled disclosures.
Institutions Of Learning Or Havens For Illegal Activities: How The Supreme Court Views Libraries, Raizel Liebler
Institutions Of Learning Or Havens For Illegal Activities: How The Supreme Court Views Libraries, Raizel Liebler
Northern Illinois University Law Review
This article examines the three major Supreme Court cases, Brown, Pico, and American Library Association, which span a period of almost 30 years and address the appropriate role of libraries and the activities allowed within library premises. The scope of the cases includes the legality of silent protests in libraries, the removal of print materials from libraries, and implementing filters for Internet content. These cases exemplify the important struggle over the larger role of libraries in society. The Court has attempted to walk a fine line between viewing libraries as purveyors of high culture and dangerous places. An uncertainty about …
Nothing Concentrates The Mind Like The Prospect Of A Hanging: The Criminalization Of The Sarbanes-Oxley Act, Ann Marie Tracey, Paul Fiorelli
Nothing Concentrates The Mind Like The Prospect Of A Hanging: The Criminalization Of The Sarbanes-Oxley Act, Ann Marie Tracey, Paul Fiorelli
Northern Illinois University Law Review
This article discusses: (1) the post-Enron environment and the events that led up to the whirlwind passage of the Sarbanes-Oxley Act of 2002, (2) the legislative history for criminalizing a bill that originated in the House Financial Services Committee, and (3) a comparison between the increased criminal provisions and penalties under the Act with already existing legislation. It also analyzes how Congress closed loop-holes, flexed its muscles with respect to corporate practices, and the necessity of the new criminal laws.
Vol. 25, No. 1, Fall 2004: Table Of Contents, Northern Illinois University Law Review
Vol. 25, No. 1, Fall 2004: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Yes, Then No, Means No: Current Issues, Trends, And Problems In Post-Penetration Rape, Tiffany Bohn
Yes, Then No, Means No: Current Issues, Trends, And Problems In Post-Penetration Rape, Tiffany Bohn
Northern Illinois University Law Review
Post-penetration rape describes the scenario when, at some point after consensual intercourse begins, one of the participants asks that the intercourse cease and the other does not desist. This situation is one of the more recently recognized forms of acquaintance rape. This recognition comes with various nuances and complexities that have caused a split amongst courts regarding how to deal with it when it arises in criminal prosecutions. One significant concern in the recognition of post-penetration rape as a rape rather than a battery or other crime is the need to strike a balance between providing recourse in the justice …
Declare Victory And Go Home: The Practical Ramifications Of The Seventh Circuit's Interpretation Of Missouri V. Jenkins In School Desegregation Cases, Michael Mahoney, Scott R. Paccagnini
Declare Victory And Go Home: The Practical Ramifications Of The Seventh Circuit's Interpretation Of Missouri V. Jenkins In School Desegregation Cases, Michael Mahoney, Scott R. Paccagnini
Northern Illinois University Law Review
The landscape of school desegregation cases has changed. While all indications from the Seventh Circuit seem to point to an end to school desegregation, such a presumption is unrealistic. Rather, from a practical standpoint, what should be taken from the Seventh Circuit's interpretation of Jenkins is not that school desegregation cases are a thing of the past but that the manner in which they are approached has changed. This article suggests that practically speaking, a date for compliance with desegregation orders should be set at the remedial stage of the litigation before another court arbitrarily imposes one.
The Permissibility Of Non-Remedial Justifications For Racial Preferences In Public Contracting, Michael K. Fridkin
The Permissibility Of Non-Remedial Justifications For Racial Preferences In Public Contracting, Michael K. Fridkin
Northern Illinois University Law Review
Under Richmond v. J.A. Croson, if a government agency has participated in the systemic exclusion of contractors on the basis of race, the agency has a compelling interest in remedying that discrimination by favoring contractors whose owners belong to the previously excluded race. This remedial defense of racial preferences is the standard notion of affirmative action in public contracting. Of great interest to the government institutions employing racial preferences, however, is whether any non-remedial objectives--separate and distinct from remedying discrimination--may be relied upon to justify the use racial classifications in public contracting and what goals in particular are compelling enough …
Arctic National Wildlife Refuge Oil: Canadian And Gwich'in Indian Legal Responses To 1002 Area Development, Michael T. Delcomyn
Arctic National Wildlife Refuge Oil: Canadian And Gwich'in Indian Legal Responses To 1002 Area Development, Michael T. Delcomyn
Northern Illinois University Law Review
The Arctic National Wildlife Refuge in Alaska contains an area commonly referred to as the 1002 area. This area contains millions barrels of oil but is currently protected from oil development by Congress. Many groups support opening the 1002 area for development, including the state of Alaska and the Bush administration. Those opposing any potential oil development include the Canadian government and the Gwich'in Indians. Were Congress to open the 1002 area for development, Canada and the Gwich'in would probably take legal action to prevent potential harms associated with the drilling. Both Canada and the Gwich 'in are concerned primarily …
The 1851 Shipowners' Limitation Of Liability Act: Should The Courts Deliver The Final Blow?, Mark A. White
The 1851 Shipowners' Limitation Of Liability Act: Should The Courts Deliver The Final Blow?, Mark A. White
Northern Illinois University Law Review
This comment identifies the 1851 Shipowners' Limitation of Liability Act as an enduring problem within federal maritime law and suggests that the courts may be able to exercise their powers of judicial review to strike it down. The Act was initially adopted at a time when American shipowners were in dire need of protection from potentially ruinous lawsuits. The Act, although hastily drawn, was imperative to the growth of the fledgling American shipping industry. By the end of the nineteenth century, however, numerous forms of liability insurance had been created and America saw the advent of the corporate form. These …
Vol. 24, No. 3, Summer 2004: Table Of Contents, Northern Illinois University Law Review
Vol. 24, No. 3, Summer 2004: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Equality In Culture And Law: An Introduction To The Origins And Evolution Of The Equal Protection Principle, Lawrence Schlam
Equality In Culture And Law: An Introduction To The Origins And Evolution Of The Equal Protection Principle, Lawrence Schlam
Northern Illinois University Law Review
To set the stage for this symposium on emerging issues in equal protection, this article introduces the reader to the historic cultural and philosophical origins of the notion of equality in western civilization, the antebellum state jurisprudence on equal protection under law, and the evolution of the meaning and use of the equal protection clause from the passage of the Fourteenth Amendment to the present.
Tribute To Dean James J. Alfini: Former Dean And Professor Of The Northern Illinois University College Of Law, Northern Illinois University Law Review, Jean R. Sternlight, Jeffrey M. Shaman, Nina Appel, Daniel Reynolds, Leona Green
Tribute To Dean James J. Alfini: Former Dean And Professor Of The Northern Illinois University College Of Law, Northern Illinois University Law Review, Jean R. Sternlight, Jeffrey M. Shaman, Nina Appel, Daniel Reynolds, Leona Green
Northern Illinois University Law Review
No abstract provided.
The Wedding Bells Heard Around The World: Years From Now, Will We Wonder Why We Worried About Same-Sex Marriage?, Mark E. Wojcik
The Wedding Bells Heard Around The World: Years From Now, Will We Wonder Why We Worried About Same-Sex Marriage?, Mark E. Wojcik
Northern Illinois University Law Review
This article is a historical, international, and timely examination of issues commonly raised by the marriage of same-sex couples in anticipation of the impending changes in this area of the law in the United States. Through a survey of important developments and a comparison of the treatment of same-sex couples vis a vis marriage in various locales, the author argues that fears about recognizing same-sex couples destroying our country or the institution of marriage are irrational, and that it is time now to recognize that same-sex couples deserve the same recognition and protection of the law afforded to opposite-sex couples. …
What Could American Indian Law Possibly Have To Do With The Issue Of Gay-Marriage Recognition?: Definitional Jurisprudence, Equal Protection And Full Faith And Credit, Robert Laurence
Northern Illinois University Law Review
American Indian law and gay-marriage recognition would not, at first glance, seem to be fields of study related to one another. Professor Laurence, however, finds three places where the two fields conjoin. First is what he calls the issue of "definitional jurisprudence," that is to say how does the law define its key terms "tribe" with respect to American Indian law and "marriage" with respect to family law--and what are the jurisprudential limitations on changing the traditional definition? Second, to what extent do the standard principles of equal protection jurisprudence vary regarding such unique minorities as American Indians, on the …
Affirmative Action After Grutter And Gratz, Mark W. Cordes
Affirmative Action After Grutter And Gratz, Mark W. Cordes
Northern Illinois University Law Review
This article will examine the state of race-conscious admissions program at institutions of higher education after Grutter and Gratz. Part one first briefly reviews the Court's affirmative action jurisprudence prior to Grutter and Gratz, examining the Bakke decision, the Supreme Court affirmative action decisions between Bakke and Grutter, and the recent split in lower court decisions on the continuing viability of race-conscious admissions. Part two will then examine the Grutter and Gratz decisions themselves. Part three will then discuss the big picture of race-conscious admissions programs. Section A will analyze the general parameters established in Grutter and Gratz in terms …
Caught In A Paradox: Problems With Grutter's Expectation That Race Conscious Admissions Programs Will End In Twenty-Five Years, Christopher J. Schmidt
Caught In A Paradox: Problems With Grutter's Expectation That Race Conscious Admissions Programs Will End In Twenty-Five Years, Christopher J. Schmidt
Northern Illinois University Law Review
In Grutter v. Bollinger, the Supreme Court recently upheld the use of race in academic admissions programs while apparently setting a twenty-five year time limit on its use. The Court's opinion creates a paradox as the reasoning allowing race to be used in admissions programs contradicts a time limit for such programs. The Court found achieving a diverse student body to be a compelling state interest justifying race-conscious admissions programs. The benefits of diversity that the Court mentioned (better race relations, better learning outcomes, better professionals and better leaders) will still exist in twenty-five years, thus, the apparent time limit …
If Geronimo Was Jewish: Equal Protection And The Cultural Property Rights Of Native Americans, Sherry Hutt
If Geronimo Was Jewish: Equal Protection And The Cultural Property Rights Of Native Americans, Sherry Hutt
Northern Illinois University Law Review
The Fourteenth Amendment should apply to Native Americans in the same manner that it is applied to other groups within the United States. In practice that has not been the case. The body of Indian Law has developed around a "special" treatment for Indians that is actually less than equal in effect. Such disparity is particularly evident in the treatment by the courts of the cultural property of Native Americans. The premise of the article is that if Native Americans were afforded equal protection for their cultural property rights then remedial laws would not be necessary. To illustrate the disparity …
Equality Of Opportunity In The Regulatory Age: Why Yesterday's Rationality Review Isn't Enough, Timothy Sandefur
Equality Of Opportunity In The Regulatory Age: Why Yesterday's Rationality Review Isn't Enough, Timothy Sandefur
Northern Illinois University Law Review
When entrenched business interests, or any other faction, uses government to prevent competition and protect their own profits, they engage in precisely the behavior that the Equal Protection Clause was intended to prohibit: preferring one group over another on some basis other than individual merit. Because of this, the author argues that courts should employ a skeptical scrutiny to the inequalities caused or maintained by government regulation and protect the equal right of all Americans to pursue happiness.
A Decade Of Spouse-Based Immigration Laws: Coverture's Diminishment, But Not Its Demise, Janet Calvo
A Decade Of Spouse-Based Immigration Laws: Coverture's Diminishment, But Not Its Demise, Janet Calvo
Northern Illinois University Law Review
This article argues that legacies of coverture and the resulting legal inequality of women remain in spouse-based immigration laws even after several legislative attempts to address some of the underlying issues. First, there has not been a rejection of the notion of spousal control that underlies coverture. The power to petition, which controls the ability of a non-citizen spouse to live and work and have custody of children in the United States, is basically still the prerogative of a citizen or resident spouse. Second, the mail-order bride business continues without significant limitation on the ability of citizens or residents to …
The Illinois Estoppel Doctrine Revisited: How Promptly Must An Insurer Act?, Stanley C. Nardoni, John S. Vishneski Iii
The Illinois Estoppel Doctrine Revisited: How Promptly Must An Insurer Act?, Stanley C. Nardoni, John S. Vishneski Iii
Northern Illinois University Law Review
This article discusses three recent decisions of the Supreme Court of Illinois on the Illinois Estoppel Doctrine, which holds that an insurer that breaches its duty to defend will be estopped from denying coverage in any action by the insured to collect policy proceeds. The article explains how these decisions resolve disputes about the scope of the doctrine but leave open a crucial issue concerning an insurer's ability to protect against estoppel by promptly seeking a declaratory judgment as to its duties. The article observes that Illinois Appellate Court decisions conflict on the standard for testing the timeliness of such …
Twenty-Second Annual Northern Illinois University College Of Law Prize Moot Court Competition: Best Petitioner's Brief, Patrice Koch, Kimberly Meyers
Twenty-Second Annual Northern Illinois University College Of Law Prize Moot Court Competition: Best Petitioner's Brief, Patrice Koch, Kimberly Meyers
Northern Illinois University Law Review
No abstract provided.
Judicial Campaign Speech Restrictions In Light Of Republican Party Of Minnesota V. White, Julie Schuering Schuetz
Judicial Campaign Speech Restrictions In Light Of Republican Party Of Minnesota V. White, Julie Schuering Schuetz
Northern Illinois University Law Review
In the United States Supreme Court decision Republican Party of Minnesota v. White, a five-to-four majority struck down a judicial campaign speech restriction designed to uphold the impartiality and integrity of the judiciary and left remaining restrictions in serious doubt. This comment examines judicial campaign speech restrictions and suggests, in light of White, alternatives for states with elected judiciaries that wish to maintain the impartiality and integrity of their judiciaries. After exploring the tension between a state's compelling interest in maintaining an impartial judiciary and a judicial candidate's First Amendment rights, one possible alternative for dealing with judicial campaign speech …
The Role Of The Ira In Retirement Savings: A Critical Examination With Suggestions For Improvement, Rebecca C. Davenport
The Role Of The Ira In Retirement Savings: A Critical Examination With Suggestions For Improvement, Rebecca C. Davenport
Northern Illinois University Law Review
This comment scrutinizes the role IRAs play in retirement savings by presenting the current law in key areas with a focus on those aspects which call for improvement. Suggestions for improvement include eliminating the back-loaded Roth variety of IRA, encouraging lawmakers to make changes to promote IRA savings among low- and moderate income individuals, and changing the taxation of IRA withdrawals. While the IRA is the focus of the comment, the suggestions for change are geared toward enhancing the overall retirement landscape.
Twenty-Second Annual Northern Illinois University College Of Law Prize Moot Court Competition: Best Respondent's Brief, Laura Anderson, Andrea Donaldson
Twenty-Second Annual Northern Illinois University College Of Law Prize Moot Court Competition: Best Respondent's Brief, Laura Anderson, Andrea Donaldson
Northern Illinois University Law Review
No abstract provided.
Vol. 24, No. 2, Spring 2004: Table Of Contents, Northern Illinois University Law Review
Vol. 24, No. 2, Spring 2004: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.