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Articles 4711 - 4740 of 5835

Full-Text Articles in Law

Basic Brownfields, Becky Jacobs Jan 1997

Basic Brownfields, Becky Jacobs

College of Law Faculty Scholarship

It seems as if everyone is talking about brownfields these days. You hear about brownfields on the news, and you can select from a variety of books and articles on the subject. Brownfields forums and seminars are being organized nationwide. Government agencies and officials at all levels consider brownfields a top priority. President Bill Clinton even remarked upon the issue in his 1997 State of the Union Address: "We should restore contaminated urban land and buildings to productive use." This article is a basic guide to the brownfields problem. It will define the problem and will attempt to identify the …

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Hoodwink'd By Custom: The Exclusion Of Women From Juries In Eighteenth-Century English Law And Literature, Judy Cornett Jan 1997

Hoodwink'd By Custom: The Exclusion Of Women From Juries In Eighteenth-Century English Law And Literature, Judy Cornett

Scholarly Works

No abstract provided.

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The Polygamous Heart?, Katharine B. Silbaugh Jan 1997

The Polygamous Heart?, Katharine B. Silbaugh

Faculty Scholarship

Workers, particularly women, are increasingly vocal about the poverty of family time that their jobs allow them. But what if a company responded by offering family-friendly policies that would reduce work hours, like job-sharing and parttime work, and no one signed up for them? What if instead workers signed up for “familyfriendly” services like long-hour on-site daycare that made it easier to stay at work longer? Sociologist Arlie Hochschild seeks to explain this puzzle in The Time Bind: When Work Becomes Home s Home Becomes Work. She portrays the modern workplace as carefully engineered to be friendly, relaxed, supportive, appreciative …

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Corporate Philanthropy, Executives' Pet Charities And The Agency Problem, Jayne W. Barnard Jan 1997

Corporate Philanthropy, Executives' Pet Charities And The Agency Problem, Jayne W. Barnard

Faculty Publications

No abstract provided.

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Law As The Continuation Of God By Other Means, Pierre Schlag Jan 1997

Law As The Continuation Of God By Other Means, Pierre Schlag

Publications

No abstract provided.

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Law In Development: On Tapping, Gourding, And Serving Palm-Wine, Maxwell O. Chibundu Jan 1997

Law In Development: On Tapping, Gourding, And Serving Palm-Wine, Maxwell O. Chibundu

Case Western Reserve Journal of International Law

No abstract provided.

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Researching For Democracy And Democratizing Research, Fran Ansley Jan 1997

Researching For Democracy And Democratizing Research, Fran Ansley

Scholarly Works

No abstract provided.

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Move Over Marcus Welby, M.D. And Make Way For Managed Care: The Implications Of Capitation, Gag Clauses, And Economic Credentialing, Michelle M. Kwon Jan 1997

Move Over Marcus Welby, M.D. And Make Way For Managed Care: The Implications Of Capitation, Gag Clauses, And Economic Credentialing, Michelle M. Kwon

Scholarly Works

No abstract provided.

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If Justice Is For All, Who Are Its Constituents?, Penny White Jan 1997

If Justice Is For All, Who Are Its Constituents?, Penny White

Scholarly Works

No abstract provided.

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Classifying Race, Racializing Class, Fran Ansley Jan 1997

Classifying Race, Racializing Class, Fran Ansley

Scholarly Works

No abstract provided.

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Legal Design And The Evolution Of Commercial Norms, Jody S. Kraus Jan 1997

Legal Design And The Evolution Of Commercial Norms, Jody S. Kraus

Faculty Scholarship

The Uniform Commercial Code determines the content of most commercial law default rules by incorporating common merchant practices. The success of this incorporation strategy depends on the likely efficiency of evolved commercial practices. In this Article, I use the best available theory of cultural evolution to analyze how and why commercial practices evolve. This analysis confirms that the incorporation strategy is far superior to a system in which lawmakers rely predominantly on individual analysis and experimentation to design commercial law. But the analysis also demonstrates that common commercial practices, and the laws incorporating them, are unlikely to be optimal, in …

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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.

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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.

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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.

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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.

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Stevens's Professionalism And Ours, David Luban Oct 1996

Stevens's Professionalism And Ours, David Luban

William & Mary Law Review

No abstract provided.

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Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 1996 Oct 1996

Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 1996

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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Purging The Past: The Current State Of Lustration Laws In The Former Communist Bloc, Mark S. Ellis Oct 1996

Purging The Past: The Current State Of Lustration Laws In The Former Communist Bloc, Mark S. Ellis

Law and Contemporary Problems

Lustration laws are used in the nations of the former communist bloc to determine whether suspected individuals collaborated with the former state security service. An overview is presented of the current status of such laws.

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It's A Wonderful Life, Or Is It - America Without Judicial Independence, Penny White Oct 1996

It's A Wonderful Life, Or Is It - America Without Judicial Independence, Penny White

Scholarly Works

No abstract provided.

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Courting Disrespect, Bruce Ledewitz Aug 1996

Courting Disrespect, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

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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.

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Mid-Atlantic Ethics Committee Newsletter, Summer 1996 Jul 1996

Mid-Atlantic Ethics Committee Newsletter, Summer 1996

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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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 …

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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.

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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 …

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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 …

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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.

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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.

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Journal Of International & Comparative Law And The International Practitioner's Notebook, Ilsa Journal Of International & Comparative Law Jun 1996

Journal Of International & Comparative Law And The International Practitioner's Notebook, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

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Framing The Issues, Carlson M. Legrand Jun 1996

Framing The Issues, Carlson M. Legrand

International Law Studies

No abstract provided.

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