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Full-Text Articles in Law
Edna Louis Dunn Trust V. Commissioner: A Movement From The 5 Year Rule To The Device Clause Under Section 355, Delaine Frangos
Edna Louis Dunn Trust V. Commissioner: A Movement From The 5 Year Rule To The Device Clause Under Section 355, Delaine Frangos
Northern Illinois University Law Review
An examination of Dunn Trust v. Commissioner, wherein the Supreme Court refused to expand the 5-year rule of section 355 to encompass an indirect distribution. This narrow application of the 5-year rule shifts emphasis to the device clause, the more appropriate provision for evaluating sham separations.
Medical Malpractice: Constitutional Implications Of A Cap On Damages, Lisa A. Treviranus
Medical Malpractice: Constitutional Implications Of A Cap On Damages, Lisa A. Treviranus
Northern Illinois University Law Review
In an effort to remedy the medical malpractice insurance crisis, a number of states have enacted caps on damages. These caps limit the amount a medical malpractice plaintiff can collect. When. challenged on constitutional grounds, some caps have survived attack while others have been struck down. This comment examines and categorizes the analyses used by state courts which have ruled on the constitutionality of caps on damages. Additionally, this comment suggests criteria which should be reviewed by state legislatures planning to adopt a cap, in an effort to insure that the cap will survive constitutional challenge.
Lawyers In Business, Justin A. Stanley
Lawyers In Business, Justin A. Stanley
Northern Illinois University Law Review
This Article explores a new and interesting question in the area of professional responsibility: How should the legal profession deal with large law firms involved in non-legal businesses? The modern trend in today's large law firms towards offering non-legal financial and real estate investment and counseling services poses some difficult professional responsibility questions which this Article begins to explore. Mr. Stanley concludes that the American Bar Association, or some other appropriate agency, should move quickly to deal with this growing problem before the government takes steps to regulate in this area.
Ford V. Wainwright: The Eighth Amendment, Due Process, And Insanity On Death Row, Stephen L. Ihm
Ford V. Wainwright: The Eighth Amendment, Due Process, And Insanity On Death Row, Stephen L. Ihm
Northern Illinois University Law Review
Analysis of the Supreme Court opinion which recognized an eighth amendment right not to be executed while insane and a discussion of the possible effect this newly found right will have on due process requirements in state capital punishment procedures.
Joint Tenancy: Notice Of Severance; Mortgages And Survivorship, Taylor Mattis
Joint Tenancy: Notice Of Severance; Mortgages And Survivorship, Taylor Mattis
Northern Illinois University Law Review
This article calls for legislation to address two joint tenancy problems. First, either joint tenant may sever inter vivos and destroy the right of survivorship, without the knowledge of the other. Notice should be required to effectuate a voluntary, unilateral severance, so that survivors will not be surprised. Second, the interest of one joint tenant is not mortgageable as a practical matter, because the lien does not survive the mortgaging joint tenant. To prevent otherwise unnecessary severance to achieve mortgageability, legislation should provide for the survival of the lien if notice is given to the non-mortgaging joint tenant.
The Law Of Lawyering. By Geoffrey C. Hazard, Jr. And W. William Hodes, Maynard E. Pirsig
The Law Of Lawyering. By Geoffrey C. Hazard, Jr. And W. William Hodes, Maynard E. Pirsig
Northern Illinois University Law Review
A discussion of the recent treatise on the ABA Model Rules of Professional Conduct. Professor Pirsig, in his review, focuses on the authors' treatment of Rule 1.6 on confidential communications and Rule 1.13 on organization attorneys, comparing the authors' interpretations of those rules to various alternative interpretations.
The Right Of Abortion In Surrogate Motherhood Arrangements, Carmina Y. D'Aversa
The Right Of Abortion In Surrogate Motherhood Arrangements, Carmina Y. D'Aversa
Northern Illinois University Law Review
This article examines whether the right of abortion in the surrogate motherhood context is subject to veto or waiver by contract. After reviewing legislative alternatives to vetoing the surrogate's right to abort, the article concludes that artificial womb technology is the ultimate solution to the couple's dilemma in securing a healthy baby.
"An Exuberance Of Prerogative" - The Application Of Ill. Rev. Stat. Ch. 110, Para. 2-611 And/Or The Contempt Sanction To Attorney Disciplinary Proceedings In Illinois, Susan W. Brenner, Jack S. Craven
"An Exuberance Of Prerogative" - The Application Of Ill. Rev. Stat. Ch. 110, Para. 2-611 And/Or The Contempt Sanction To Attorney Disciplinary Proceedings In Illinois, Susan W. Brenner, Jack S. Craven
Northern Illinois University Law Review
This Article explores the alternative applicability of Rule 2-611 or the contempt sanction to a reinstatement petition by a previously disciplined attorney. This Article concludes that because these proceedings are "original proceedings" before the Illinois Supreme Court, and because the Illinois Supreme Court has never promulgated any rules in this area, Rule 2-611 has no applicability here. The Article further concludes that precedent would not support the finding of a direct criminal contempt in this situation.
Even A Tax Collector Should Have Some Heart: Equitable Relief For The Innocent Spouse Under I.R.C. § 6013(E), Timothy Philipps, L. Bradford Braford
Even A Tax Collector Should Have Some Heart: Equitable Relief For The Innocent Spouse Under I.R.C. § 6013(E), Timothy Philipps, L. Bradford Braford
Northern Illinois University Law Review
This Article examines I.R.C. § 6013(e). The provision is intended to protect an innocent spouse from tax liability where a joint return is filed by one spouse who understates or misstates the joint return's taxable income, through no fault of the innocent spouse. This Article concludes that certain changes in LR.C. § 6013(e) are necessary in order for this provision to provide the equitable relief which all innocent spouses should enjoy.
Defendant Class Certification: The Difficulties Under Rule 23(B)(2) And The Rule 65(D) Solution, Diane Terrell
Defendant Class Certification: The Difficulties Under Rule 23(B)(2) And The Rule 65(D) Solution, Diane Terrell
Northern Illinois University Law Review
This Comment examines the difficulties of certifying a defendant class under the Federal Rules of Civil Procedure 23(b)(2) and the various approaches courts have taken to certify, or refuse to certify, those defendant classes. This Comment concludes that under normal circumstances, the plain language of Rule 23(b)(2) precludes the certification of defendant classes. However, the Comment further concludes that under limited circumstances Rule 65(d) may be used by a plaintiff to obtain injunctive relief which will bind unnamed defendant parties.
Mortgage Priority Problems: The New Illinois Mortgage Foreclosure Act And The Impact Of The Uniform Acts, Robert Kratovil
Mortgage Priority Problems: The New Illinois Mortgage Foreclosure Act And The Impact Of The Uniform Acts, Robert Kratovil
Northern Illinois University Law Review
This Article looks at the New Illinois Mortgage Foreclosure Act as it relates to priority in the foreclosure of construction loans. In addition, the Article explores the impact of the various Uniform Acts on construction loan priority. The Article concludes that Illinois' adoption of the Uniform Commercial Code approach brings Illinois into line with modern thinking in this area of the law.
Mccleskey V. Kemp: The Shadow Of Racism On The Capital Sentencing Process, Regina M. Harris
Mccleskey V. Kemp: The Shadow Of Racism On The Capital Sentencing Process, Regina M. Harris
Northern Illinois University Law Review
This Note discusses the United States Supreme Court decision refusing to infer abuse of prosecutorial discretion in a specific case from a statistical study showing that defendant's whose victims were white are over 4 times more likely to receive a death sentence in the State of Georgia than defendants whose victims were black. This Note concludes that detailed record-keeping by prosecutors in potential capital sentence cases is essential to curbing unevenly-imposed death sentencing.
Rethinking Regulatory Takings: A View Towards A Comprehensive Analysis, Steven I. Brody
Rethinking Regulatory Takings: A View Towards A Comprehensive Analysis, Steven I. Brody
Northern Illinois University Law Review
This Comment explores the modern development of the "regulatory takings" doctrine, and the analytical confusion which has resulted from the United States Supreme Court's current fifth amendment taking clause analysis. This Comment concludes that the analytical framework within which all the relevant inquiries can best be incorporated mandates the development of a modified substantive due process police power analysis for regulatory takings cases.
Foreword: Economists On The Bench, Jerome M. Culp
Foreword: Economists On The Bench, Jerome M. Culp
Law and Contemporary Problems
No abstract provided.
An Economic Framework For Statutory Interpretation, Mario J. Rizzo, Frank S. Arnold
An Economic Framework For Statutory Interpretation, Mario J. Rizzo, Frank S. Arnold
Law and Contemporary Problems
No abstract provided.
A Reply To Judge Starr’S Observations, Abner J. Mikva
A Reply To Judge Starr’S Observations, Abner J. Mikva
Duke Law Journal
No abstract provided.
Introductory Remarks, Marshall J. Breger
Observations About The Use Of Legislative History, Kenneth W. Starr
Observations About The Use Of Legislative History, Kenneth W. Starr
Duke Law Journal
No abstract provided.
A Sobering Ride Home: Obremski V. Henderson, Frank M. Calvert
A Sobering Ride Home: Obremski V. Henderson, Frank M. Calvert
Northern Illinois University Law Review
A growing number of jurisdictions have adopted the view that intoxicated drivers may not only be subject to criminal prosecution by the state for their reckless conduct, but may also be held liable in a civil action for monetary damages by their injured victims. This article examines this growing trend and concludes that this civil remedy will help insure that victims will not go uncompensated, as well as trying to provide a disincentive to drinking and driving by assessing treble damages and attorney's fees to the plaintiff in the civil action.
Strict Liability And State-Of-The-Art Evidence In Illinois, James Christensen
Strict Liability And State-Of-The-Art Evidence In Illinois, James Christensen
Northern Illinois University Law Review
This comment discusses Illinois' treatment of state-of-the-art evidence as a defense to a strict liability claim. The article argues that Illinois should disallow the defense in the area of unknowable risk for the same reasons that Illinois disallows the defense in undiscoverable risk.
"Crossing-Over:" The Issue-Preclusive Effects Of A Civil/Criminal Adjudication Upon A Proceeding Of The Opposite Character, Susan W. Brenner
"Crossing-Over:" The Issue-Preclusive Effects Of A Civil/Criminal Adjudication Upon A Proceeding Of The Opposite Character, Susan W. Brenner
Northern Illinois University Law Review
This article explores the area of "cross-over" collateral estoppel in civil/criminal actions. The article examines the legal history of the concept that a validly-entered judgment has issue-preclusive effects in a subsequent litigation. Following the exploration of collateral estoppel which "crosses over" from a civil to a criminal litigation, or vice versa, the article concludes that conventional arguments regarding the disutility of "cross-over" estoppel should be rejected, to be replaced with an analytical approach which recognizes the specific virtues which the concept can exhibit in an appropriate context.
Server Vs. Driver Liability: A Suggested Change To Reduce Drinking And Driving, Grant Pearson
Server Vs. Driver Liability: A Suggested Change To Reduce Drinking And Driving, Grant Pearson
Northern Illinois University Law Review
This article explores the two major approaches to liquor server liability currently being used in the various jurisdictions across the country. The article assesses the strengths and weaknesses of the alternative approaches and concludes that certain adjustments in the dram shop laws, coupled with additions to the insurance requirements and vehicle inspection program, will help to make drivers aware of the costs of drinking and driving, thereby reducing the incidence of drunk driving.
Legal Education In An Era Of Change: The Challenge, A. Kenneth Pye
Legal Education In An Era Of Change: The Challenge, A. Kenneth Pye
Duke Law Journal
No abstract provided.
Legal Education In The Era Of Change: Law School Autonomy, James P. White
Legal Education In The Era Of Change: Law School Autonomy, James P. White
Duke Law Journal
No abstract provided.
The Law School Curriculum: The Process Of Reform, John C. Weistart
The Law School Curriculum: The Process Of Reform, John C. Weistart
Duke Law Journal
No abstract provided.
The Law School And The Profession: A Need For Bridges, Judge Frank M. Coffin
The Law School And The Profession: A Need For Bridges, Judge Frank M. Coffin
Nova Law Review
It is singularly appropriate that a judge address the twin subjects of the law school and the profession...
Legal Ethics, Howard R. Messing
Legal Ethics, Howard R. Messing
Nova Law Review
The most important event in legal ethics in the past year was the adoption of Florida's Rules of Professional Conduct (hereinafter referred to as the "Florida Rules" or "Rules").
"A Task Of No Common Magnitude": The Founding Of The American Law Institute, William P. Lapiana
"A Task Of No Common Magnitude": The Founding Of The American Law Institute, William P. Lapiana
Nova Law Review
No abstract provided.
Cuny Law School: Outside Perspectives And Reflections, Judith Kleinberg, Mark Barnes
Cuny Law School: Outside Perspectives And Reflections, Judith Kleinberg, Mark Barnes
Nova Law Review
Under the influences of legal realism and its modern variants in linguistic and psychoanalytic of law, critical legal studies, and social science approaches to law, significant departures from the Langdell's model curriculum have become common: first year courses on legal method or legal process; near-abandonment of the socratic method by some teachers and at some schools (Yale, for example); the use of non-case teaching materials in upper-level seminars; and extensive clinical programs.
Legal Externships: Can They Be Valuable Clinical Experiences For Law Students?, Henry Rose
Legal Externships: Can They Be Valuable Clinical Experiences For Law Students?, Henry Rose
Nova Law Review
The case method of instruction has dominated American legal education for more than a century.