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Vol. 17, No. 1, Fall 1996: Table Of Contents, Northern Illinois University Law Review Nov 1996

Vol. 17, No. 1, Fall 1996: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.


Life Without Lemon: The Status Of Establishment Clause Jurisprudence After Rosenberger V. Rector & Visitors Of The University Of Virginia, Julie Madison Angus Nov 1996

Life Without Lemon: The Status Of Establishment Clause Jurisprudence After Rosenberger V. Rector & Visitors Of The University Of Virginia, Julie Madison Angus

Northern Illinois University Law Review

This casenote analyzes Rosenberger v. Rector & Visitors of the University of Virginia and determines that the Court misapplied Establishment Clause precedent and erroneously rejected the three-prong Lemon test. In examining the decision, the note provides a brief historical overview of the development of the numerous tests surrounding the Establishment Clause, focusing primarily on the past fifty years. The note concludes that in failing to mention the Lemon test, Rosenberger merely adds more confusion to the already bewildering area of Establishment Clause jurisprudence.


A Lopez Legacy?: The Federalism Debate Renewed, But Not Resolved, Debbie Ellis Nov 1996

A Lopez Legacy?: The Federalism Debate Renewed, But Not Resolved, Debbie Ellis

Northern Illinois University Law Review

This casenote examines the Supreme Court's landmark ruling in United States v. Lopez, in which the Court struck down a Congressional enactment under the Commerce Clause for the first time in modern history. The note traces Commerce Clause jurisprudence back to the days of the Founding Fathers and analyzes the Lopez opinion in an historic context. It also provides an overview of how the lower federal courts have dealt with appeals based on the Lopez ruling and concludes that the federalism debate, which underlies the Court's 5-4 decision, has been renewed but not resolved.


Business Standing Under The Illinois Consumer Fraud Act: An Attempt To Resolve The Confusion, Edward X. Clinton Jr. Nov 1996

Business Standing Under The Illinois Consumer Fraud Act: An Attempt To Resolve The Confusion, Edward X. Clinton Jr.

Northern Illinois University Law Review

This article analyzes the standard for when a business has standing to pursue an action under the Illinois Consumer Fraud Act. The article contends that several decisions addressing this issue are in conflict. The article proposes a new test to resolve the conflicts in the decisions. Under that test, which is used in other states, a business has standing to raise a claim under the Act when the business is acting in a manner similar to an ordinary consumer.


Miller V. Johnson: Drawing The Line On Racial Gerrymandering, Darin R. Doak Nov 1996

Miller V. Johnson: Drawing The Line On Racial Gerrymandering, Darin R. Doak

Northern Illinois University Law Review

By rejecting the Georgia State Legislature's attempt to redraw its political districts to ensure election of black representatives, the Supreme Court in Miller v. Johnson exposed a fallacy that served as the foundation for eighteenth-, nineteenth-, and twentieth-century barriers to minority franchise rights: the idea that minority groups act and vote similarly. Treading lightly through the political thicket of redistricting, the Miller Court eliminated this threat by prohibiting political districts drawn with substantial reliance upon race. This article discusses the merits of the Miller decision and its place in the evolution of minority voting rights. The article also suggests that …


Restoring Free Exercise Protections By Limiting Them: Preventing A Repeat Of Smith, James M. Donovan Nov 1996

Restoring Free Exercise Protections By Limiting Them: Preventing A Repeat Of Smith, James M. Donovan

Northern Illinois University Law Review

This article addresses the concerns involved with the recently enacted Religious Freedom Restoration Act and how this sets the stage for a revisiting of Employment Division, Department of Human Resources of Oregon v. Smith. This article suggests that full Free Exercise protections can be extended to most contexts if they are withdrawn from others. The goal is to accomplish a principled approach that does not contravene the spirit of the First Amendment. The proposed limiting principles argue collectively that full protections should be reserved for personal, central beliefs and actions about personal conduct whose accommodation does not raise Establishment issues, …


Should An Illinois Tenant Get The Benefit Of The Landlord's Insurance?, John Dwight Ingram Nov 1996

Should An Illinois Tenant Get The Benefit Of The Landlord's Insurance?, John Dwight Ingram

Northern Illinois University Law Review

This article examines whether a landlord's insurance coverage should extend to cover his or her tenant's personal property from loss or damage caused by the tenant's negligence. Although the courts are divided on whether to allow the landlord's insurer to recover from the tenant through the insurance contract's subrogation clause, the author argues careful and thoughtful lease drafting can avoid or eliminate liability issues between the landlord and tenant. Such drafting gives the courts a clearer picture of the exact relationship between the parties and who should bear the risks involved under a given set of circumstances.


The Illinois Superfund Law Prior To The Brownfields Legislation, James T. Harrington Jul 1996

The Illinois Superfund Law Prior To The Brownfields Legislation, James T. Harrington

Northern Illinois University Law Review

This article examines the state of law for landowner liability caused by the release or threat of release of "hazardous substances" in Illinois prior to the enactment of the Brownfields Act. It demonstrates the inadequacies of not only Illinois Superfund law, but federal law's attempts to find landowners liable for environmental cleanup without having reasonable and knowable standards, known procedures, and reasonably predictable results. The article concludes by underscoring the fact that without remedying these inadequacies, viable land will remain undeveloped and unproductive, and will drain community resources.


Siting, Justice, And The Environmental Laws, Rodger C. Field Jul 1996

Siting, Justice, And The Environmental Laws, Rodger C. Field

Northern Illinois University Law Review

Environmental justice is gaining momentum throughout the country. As a result, industrial development can no longer be determined solely by the dictates of one agency or entity. Environmental justice requires efforts of all to participate in the decision-making process to determine how industry will develop in the future. This article traces the history and themes of the environmental justice movement and examines that movement's impact on industrial development. Specifically, the article focuses on how the environmental justice movement affects future source-siting decisions and its ramifications on the various levels of government and on the industrial development. The article concludes by …


Lessons In L.U.S.T.: The Complete Story Of Liability For Leaking Underground Storage Tanks, Michael J. Maher, Sheila Horan Jul 1996

Lessons In L.U.S.T.: The Complete Story Of Liability For Leaking Underground Storage Tanks, Michael J. Maher, Sheila Horan

Northern Illinois University Law Review

This article analyzes liability of owners and operators of underground storage tanks for tank leakage. Theories of liability include the federal Resource, Conservation and Recovery Act ("RCRA"), breach of contract, negligence, negligence per se, res ipsa loquitor, trespass, nuisance, and strict liability. Liability is analyzed in two factual scenarios: liability of past owners/operators to current owners for contamination of the site from prior operations; and liability of tank owners/operators for contamination that migrates off-site to adjoining properties.


Luncheon Address, Joseph E. Svoboda Jul 1996

Luncheon Address, Joseph E. Svoboda

Northern Illinois University Law Review

No abstract provided.


Brownfields Bill Promotes Sweeping Changes, David L. Rieser Jul 1996

Brownfields Bill Promotes Sweeping Changes, David L. Rieser

Northern Illinois University Law Review

Potential Illinois landowners have been fearful of redeveloping urban industrial area since the advent of the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"). Landowners feared the astronomical cleanup liability associated with purchasing contaminated property as well as the vigor in which the Illinois Environmental Protection Agency enforced such cleanup. However, this fear has now been abated to a degree, with Governor Edgar signing into law the Illinois Brownflelds program. This article explores the need for such a program, and proceeds to analyze the program's objectives and application. The article ends by appreciating that there will be an experimental stage …


From The Ground To The Sky: The Continuing Conflict Between Private Property Rights And Free Speech Rights On The Shopping Center Front Seventeen Years After Pruneyard, Ian J. Mcpheron Jul 1996

From The Ground To The Sky: The Continuing Conflict Between Private Property Rights And Free Speech Rights On The Shopping Center Front Seventeen Years After Pruneyard, Ian J. Mcpheron

Northern Illinois University Law Review

This Comment examines the intersection of property rights and free speech rights by tracing how the Supreme Court has dealt with this intersection in a shopping center context and in other contexts. The Comment proceeds to examine how state supreme courts have traversed the intersection in favor of property rights over free speech rights, and also how states that have not decided this issue will likely resolve it. Upon formulating an analysis practitioners can use in the future when arguing this issue in the undecided states, the Comment concludes that the best argument is based on how close a shopping …


Title Vi As A Means Of Achieving Environmental Justice, Natalie M. Hammer Jul 1996

Title Vi As A Means Of Achieving Environmental Justice, Natalie M. Hammer

Northern Illinois University Law Review

This Comment addresses racism in the siting of hazardous waste facilities. The Comment begins by describing the various studies that document the correlation between race and siting decisions, and the Comment concludes that race is a primary factor in environmental siting decisions. After analyzing the various attempts by minority plaintiffs to address this inequity, the author concludes that Title VI may be the best option for minority plaintiffs to achieve environmental justice.


Vol. 16, No. 3, Summer 1996: Table Of Contents, Northern Illinois University Law Review Jul 1996

Vol. 16, No. 3, Summer 1996: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

Includes a dedication to Marla R. Dickerson


Rethinking Restoration: Risk Based Corrective Action And The Future Of Economic Regulation, Gerald W. Phillips Jul 1996

Rethinking Restoration: Risk Based Corrective Action And The Future Of Economic Regulation, Gerald W. Phillips

Northern Illinois University Law Review

The success of traditional environmental regulatory programs is clear. However, change is necessary in order to address the less obvious and more technically difficult environmental problems which remain. Risk based decision has been gaining support as an effective method of protecting human health and the environment. Risk management is a pragmatic and cost-effective decision-making tool. Risk management can efficiently improve environmental priority setting, encourage redevelopment of Brownfield properties, and maintain environmental protection.


Panel Discussion, Mark W. Cordes, James W. Ford Jr., David L. Rieser, Al Wilson, Rodger C. Field, James T. Harrington, Michael J. Maher, Kathleen Deveau, Gerald W. Phillips Jul 1996

Panel Discussion, Mark W. Cordes, James W. Ford Jr., David L. Rieser, Al Wilson, Rodger C. Field, James T. Harrington, Michael J. Maher, Kathleen Deveau, Gerald W. Phillips

Northern Illinois University Law Review

No abstract provided.


The Conclusion That A Sinister Conspiracy Of Foreign Origin Controls Organized Crime: The Influence Of Nativism In The Kefauver Committee Investigation, David R. Wade May 1996

The Conclusion That A Sinister Conspiracy Of Foreign Origin Controls Organized Crime: The Influence Of Nativism In The Kefauver Committee Investigation, David R. Wade

Northern Illinois University Law Review

The Special Senate Committee to Investigate Organized Crime in Interstate Commerce began its work on May 10, 1950 and concluded with the submission of its final report on May 1, 1951. The function of the Committee was to fully study the extent to which organized crime makes use of the facilities of interstate commerce. Following hearings held in 14 cities and testimony from more than 600 witnesses, the Committee concluded that a sinister conspiracy of foreign origin controls organized crime. The Committee's hearings were the first Congressional Committee hearings televised live to a national audience. This Article examines the influence …


Dna Fingerprinting: The Failings Of Frye, John Mccabe May 1996

Dna Fingerprinting: The Failings Of Frye, John Mccabe

Northern Illinois University Law Review

This article examines a line of precedent which has utilized the Frye standard to exclude forensic DNA evidence. An analysis of these cases provides support for the criticism that the Frye standard is subject to manipulation by those seeking to exclude evidence. Examining the scientific debate concerning the statistical interpretation of DNA evidence reveals that the Frye standard is a poor conceptual framework to evaluate an emerging forensic technique. The ambiguities of Frye allow the presentation of scientific controversy, which is inherent in any scientific advance, as constituting a lack of general acceptance. Furthermore, the adversarial nature of the Frye …


Born To Lose: The Illinois "Baby Richard" Case--How Examining His Father's Pre-Birth Conduct Might Have Led To A Different Ending For Richard, Gerald W. Huston May 1996

Born To Lose: The Illinois "Baby Richard" Case--How Examining His Father's Pre-Birth Conduct Might Have Led To A Different Ending For Richard, Gerald W. Huston

Northern Illinois University Law Review

This casenote examines the factual and legal circumstances surrounding the controversial "Baby Richard" case--a case in which the courts applied a "best interests" test, and in so doing, removed a child from the home of his adoptive parents to return the child to his birth parents. By drawing comparisons to practices in other jurisdictions, the author concludes that a thorough examination of the birth father's pre-birth conduct likely would have changed the court's decision.


Podberesky, Hopwood, And Adarand: Implications For The Future Of Race-Based Programs, Lino A. Graglia May 1996

Podberesky, Hopwood, And Adarand: Implications For The Future Of Race-Based Programs, Lino A. Graglia

Northern Illinois University Law Review

Three recent decisions requiring strict scrutiny of race-based programs put the future of racially preferential "affirmative action" programs in doubt. In Podberesky, the Fourth Circuit disallowed race-based scholarship programs. In Hopwood, the Fifth Circuit rejected diversity and held that remedying past discrimination (narrowly defined) was the sole justification for race-based admissions. In Adarand, the Supreme Court required strict scrutiny of federal as well as state race-based programs.


The Case For Expanded Illinois Insurance Producer Duties, Michael Schag May 1996

The Case For Expanded Illinois Insurance Producer Duties, Michael Schag

Northern Illinois University Law Review

In his article, the author argues that current industry practices and consumer expectations justify the expansion of the duties owed by insurance producers to their clients. Specifically, he proposes that courts should become more vigilant in holding producers accountable for failing to inquire broadly into the consumer's insurance needs and for failing to properly advise the consumer regarding pertinent coverage areas.


The "Impartial" Jury And Media Overload: Rethinking Attorney Speech Regulations In The 1990s, Katrina M. Kelly May 1996

The "Impartial" Jury And Media Overload: Rethinking Attorney Speech Regulations In The 1990s, Katrina M. Kelly

Northern Illinois University Law Review

As a growing number of attorneys seek and receive more media attention during trials, the days in which jurors judge a case's merits based solely on what they have heard in the courtroom are quickly fading. The author discusses the present state of Model Rules of Professional Conduct Rule 3.6, which regulates attorney speech, and examines the difficulties courts have faced in applying the provision. The solution to the attorney speech problem likely lies in a revised standard in which jurors are not required to completely leave their personal beliefs outside the jury room.


Religious Tolerance And Its Limits In Early America, George Dargo May 1996

Religious Tolerance And Its Limits In Early America, George Dargo

Northern Illinois University Law Review

This article posits that religious toleration in early America was rooted in practical considerations amid the necessities of settlement. The British colonies in North America achieved an unparalleled degree of religious liberty. Even groups that were on the social margins of American life--e.g., Roman Catholics, Jews, African Americans--gained a measure of social recognition and religious toleration because they found a role or served certain necessary functions in a developing society. Native Americans were not similarly treated because they were never able to establish equivalent functional utility. Philosophical advocates of Religious Toleration and Freedom of Conscience--principally Roger Williams and John Locke--envisaged …


The Reality Of Curtiss-Wright, Anthony Simones May 1996

The Reality Of Curtiss-Wright, Anthony Simones

Northern Illinois University Law Review

In the 1936 case of United States v. Curtiss-Wright Export Corporation, the Supreme Court upheld an arms embargo imposed by Franklin Roosevelt upon the warring factions in the Chaco conflict. Although Congress authorized the embargo, the Court chose to rely on "the exclusive power of the president to act as sole organ of the federal government in the field of international relations." In the ensuing fifty years, commentators have consistently criticized Curtiss-Wright; in contrast, members of the Supreme Court have regularly looked to Curtiss-Wright as guiding precedent. This article examines the manner in which the Court has used Curtiss-Wright to …


The Future Of The Exclusionary Rule: An Alternative Analysis For The Adjudication Of Individual Rights, Benjamin A. Swift May 1996

The Future Of The Exclusionary Rule: An Alternative Analysis For The Adjudication Of Individual Rights, Benjamin A. Swift

Northern Illinois University Law Review

The benefits accrued through the use of computer and technological advances unfortunately sometimes infringe upon personal liberties. This comment examines the range and scope of the Exclusionary Rule in those instances when computer or technological errors supply improper evidence about individuals to police. The author focuses on the Supreme Court decision in United States v. Evans, and then places Evans in its context in criminal procedure jurisprudence.


The Unconventional Equal Protection Jurisprudence Of Jury Selection, Joel H. Swift May 1996

The Unconventional Equal Protection Jurisprudence Of Jury Selection, Joel H. Swift

Northern Illinois University Law Review

This article traces the development of equal protection jurisprudence as it has been applied to one aspect of the criminal justice system, to wit, selection of juries. It demonstrates that the United States Supreme Court's approach has been inconsistent with conventional equal protection doctrine in two ways. Unlike conventional doctrine, which requires proof of subjective intent to discriminate to make out a prima facie case, the Court has found that the mere use of a jury selection process that has a proven statistically disparate negative impact on the selection of African-American jurors is sufficient to establish a prima facie violation …


Vol. 16, No. 2, Spring 1996: Table Of Contents, Northern Illinois University Law Review May 1996

Vol. 16, No. 2, Spring 1996: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.