Law Commons^™

Judicial Courage And Judicial Independence, Penny White

Scholarly Works

No abstract provided.

Introduction: The Voices And Groups That Will Preserve (What We Can Preserve Of) Judicial Independence, John Q. Barrett

Faculty Publications

As the 1996 election year commenced, the leading issues of the day included welfare reform, late-term abortions, Bosnia, immigration, drugs, taxes, the budget deficit, and the budget impasse that had shut parts of the federal government. The "hot" national issues did not include judicial philosophy, federal judicial appointments, individual judges or particular judicial decisions. Within weeks, however, that changed, thanks to a single judicial opinion. On January 22, 1996, United States District Judge Harold Baer, Jr., decided a pretrial motion to suppress evidence in the then (and now) obscure New York federal drug prosecution of a woman from Detroit named …

Residential Zoning Regulations And The Perpetuation Of Apartheid, Janai S. Nelson

Faculty Publications

In January of 1996, the South African Parliament ratified the long-awaited Land Reform (Labour Tenants) Bill, which has engendered heated controversy since its inception. For many, the success of the Land Reform Bill portends the economic and political future of South Africa and is a gauge of apartheid's vital signs. Without land, most South Africans would remain in the same impoverished and disenfranchised conditions that they were in under the apartheid regime. With land, however, South Africans have an improved chance to achieve economic equality. Land reform and land use have become particularly crucial issues in light of President Mandela's …

Corporate Fiduciary Principles For The Post-Contractarian Era, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

The impact of the law and economics movement on legal scholarship, legal analysis, and, ultimately, on the rules under which our society operates is substantial. The proponents of this movement ("Contractarians") articulate their positions skillfully and apply their principles broadly across the entire spectrum of our laws, including, of course, the area of corporate law.

The purpose of this Article is to propose, explain, and defend broad and unifying principles to guide the development of fiduciary duties of corporate managers in the post-Contractarian period. These principles are based on Pareto criteria, which are demonstrably appealing to society and provide workable …

Representations Of Law In Popular Culture: Knowledge Constructions, Media Deconstructions, Virginia Rivalland

Theses: Doctorates and Masters

This thesis investigates law and analyses its representations in popular culture. Law is a powerful institution within western society with a regulatory role that is supported by a range of complementary discourses that accord with society's dominant cultural values. This thesis proposes that while such institutional hegemony is never stable as there is always an expectation of challenge or resistance, law is currently experiencing a series of challenges on numerous fronts. Legal commentators themselves acknowledge that law now faces a ‘crisis of confidence' that may affect its status and impact on its power to control and regulate. Media are cultural …

Religious Justification In The American Communitarian Republic, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.

Global Technological Integration, Intellectual Property Rights, And Competition Law: Some Introductory Comments, David J. Gerber

David J. Gerber

No abstract provided.

International Trade And Competition Law In Japan, David J. Gerber

David J. Gerber

No abstract provided.

The Implications Of The New Regime For Global Competition Policy: Intellectual Property Rights, Economic Power, And Global Technological Integration, David J. Gerber

David J. Gerber

No abstract provided.

The Tales Of White Folk: Doctrine, Narrative, And The Reconstruction Of Racial Reality, Robert L. Hayman, Nancy A. Levit

Robert L. Hayman

No abstract provided.

A Sweet Home No More?: The Future For Habitat Protection Under The Endangered Species Act, Federico Cheever, Murray D. Feldman, University Of Colorado Boulder. Natural Resources Law Center

A Sweet Home No More?: The Future for Habitat Protection Under the Endangered Species Act (November 29)

20 pages.

Includes bibliographical references and biographical information for Federico Cheever and Murray D. Feldman.

Contents:

Babbitt v. Sweet Home Chapter of Communities for a Greater Oregon / Federico Cheever -- The Sweet Home decision and private property issues / Murray D. Feldman -- Memorandum of Agreement between the State of Colorado and the Department of the Interior concerning programs to manage Colorado's declining native species

The U.S. Supreme Court decision in Babbitt v. Sweet Home Chapter of Communities for a Great Oregon,115 S.Ct. 2407 (1995), held that the Department of the Interior reasonably construed Congress' intent when it included …

Caudill V. Consolidation Coal Company, Penny White

Scholarly Works

No abstract provided.

J.E.B. V. Alabama Ex Rel. T.B.: Gender-Based Peremptory Challenges On Trial, Stacey L. Wichterman

Northern Illinois University Law Review

This note examines the United States Supreme Court decision holding that litigators may not discriminate on the basis of gender during the process of selecting jurors in that it violates the Equal Protection Clause of the Fourteenth Amendment. In addition to discussing the history of peremptory challenges and jury selection, the author proposes a limitation on the number of peremptory challenges allowed during jury selection. In doing so, the author explains that peremptory challenges have historically been a useful and integral part of jury selection, but the process is now a fertile ground for abuse. The author concludes that unless …

Schiro V. Farley: If At First You Don't Succeed, Trial And Trial Again; The Demise Of The Double Jeopardy Clause Within The Context Of Capital Punishment, Patrick L. Edgerton

Northern Illinois University Law Review

This note examines the United States Supreme Court decision allowing a trial judge in the sentencing phase to use as an aggravating circumstance to impose the death penalty, an element of which the jury was silent in the guilt or innocence phase. The author contends that the majority's application of the Double Jeopardy Clause, including the doctrines of collateral estoppel amid implied acquittal, was not only erroneous but also inconsistent in light of the Court's prior holdings treating capital cases as two trials: (1) guilt or innocence phase; and (2) sentencing phase. Focusing on the "trial-like" nature of the sentencing …

The Public Figure Doctrine: A Reexamination Of Gertz V. Robert Welch, Inc., In Light Of Lower Federal Court Public Figure Formulations, Mark D. Walton

Northern Illinois University Law Review

This article focuses new attention oi the United States Supreme Court decision in Gertz v. Robert Welch, Inc., the seminal defamation case in which the Court sets out the current test for determining whether a defamation plaintiff is a public figure. The Courts of Appeals have differed in their formulations of the Gertz test, which in turn has led to inconsistent application of the public figure doctrine. Through an examination of the history of defamation law and an analysis of recent lower court public figure decisions, the author posits that the Gertz test is unlikely to ever be universally applied.

Environmental Regulation Of Oil And Gas Development On Tribal Lands: Who Has The Authority?, Richard B. Collins, Tom Shipps, Marla Williams, University Of Colorado Boulder. Natural Resources Law Center

Environmental Regulation of Oil and Gas Development on Tribal Lands: Who Has the Authority? (November 1)

14 pages.

Collection of 3 papers presented at the Hot Topics in Natural Resources Law program held on Nov. 1, 1995.

Includes bibliographical references.

Contents:

Environmental regulation of oil and gas development on tribal lands : who has authority? / Richard Collins -- Environmental regulation of energy resource development on Indian reservation land / Tom Shipps -- Colorado Oil and Gas [Conservation] Commission jurisdiction over environmental matters on Indian lands / Marla Williams

Jurisdiction to regulate the environmental impacts of oil and gas development on the reservation has been contested by tribes, the state, private land owners and federal agencies. …

Provincialism In United States Courts , Patrick M. Mcfadden

Cornell Law Review

No abstract provided.

Retroactive Taxation: United States V. Carlton -- The Taxpayer Loses Again!, Ronald Z. Domsky

Northern Illinois University Law Review

Unlike criminal laws, the ex post facto constitutional protection does not extend to civil tax matters. Nor are the words "fairness" or "equity" found anywhere in the Internal Revenue Code. Even as this is written, Congress is debating major tax changes, some of which may be retroactive. Should taxpayers be required to plan their financial affairs always subject to pending tax legislation or legislation that hasn't even yet been proposed? The Carlton case is one of the most egregious examples of taxpayer abuse in this area.

Awareness Of Meaning In Libel Law: An Interdisciplinary Communication & Law Critique, Clay Calvert

Northern Illinois University Law Review

This article critiques, from a communication and law perspective, a proposal to add another element to the already complex calculus of constitutional libel law. The element--a subjective state of mind hurdle closely akin to the actual malice standard--requires libel plaintiffs to prove that defendants were aware of the defamatory meaning conveyed by their messages at the time of publication. The article suggests that while free speech and press interests under the First Amendment may militate in favor of courts adopting this element, it: 1) conflicts with tie reality of communication processes inherent in meaning determination; 2) denigrates the pivotal roles …

Designing A "System For Idiots": An Analysis Of The Impracticality Of Davis V. United States On Ambiguous Waivers Of The Right To The Presence Of Counsel, William G. Worobec

Northern Illinois University Law Review

This article explains the United States Supreme Court holding that police, upon a suspect's equivocal reference to their Fifth Amendment right to the presence of counsel during interrogation, are no longer required to clarify the suspect's true intent. The author contends the majority was erroneous in holding equivocal waivers to be equivalent to clear waivers, and that the decision could not be reconciled with Miranda and its progeny. The Court has impermissibly placed the burden of a mastery of the law on the less knowledgeable suspect, and consideration need be given to existing lower court proposals, or a modification thereof …

Their Finest Hour: Lawyers, Legal Aid And Public Service In Illinois, Joseph A. Dailing

Northern Illinois University Law Review

This article details the history of the provision of free legal services for the poor. Advocates of the governmentally-funded Legal Service Corporations (LSC) have encountered numerous obstacles and endured ferocious attacks from opponents. At times it appeared that the entire LSC program was in jeopardy. The author recounts the establishment of the LSC program in Illinois, summarizes the LSC's many accomplishments, and outlines the challenges that the Illinois legal community will face in continuing to offer legal services to the impoverished of our state.

The Disparate Treatment Of Student And Family Farmer Debtors: Suggestions For Statutory Reform Of Bankruptcy Policy, Nancy H. Kratzke, Thomas O. Depperschmidt

Northern Illinois University Law Review

The resolution of bankruptcy litigation involving individuals under the governmental student loan programs and family farmers under Chapter 12 of the Bankruptcy Code provides an intriguing insight into congressional policy. That divergence is especially prominent in the treatment of "disposable income" under these two statutory provisions. When deciding issues relating to whether income should go to unsecured creditors or be used to offset future farming costs, courts tend to interpret the Code in favor of debtors; conversely, the Code creates, and courts perpetuate through their rulings, a clear presumption against discharging student loan obligations. The debtor will prevail only if …

Vicarious Liability Of An Employer-Master: Must There Be A Right Of Control?, John Dwight Ingram

Northern Illinois University Law Review

Most courts impose vicarious liability on an alleged employer-master when it has a right to control the physical conduct or method of doing the work of the person who injures a third party. In other instances, courts impose vicarious liability in cases where there only an appearance of actual control exists. This article examines the difference between actual and apparent control, and the author maintains that a better test for vicarious liability is whether the injurer is acting on the employer-master's behalf.

Francis X. Riley Lecture On Professionalism, George E. Bushnell Jr.

Northern Illinois University Law Review

No abstract provided.

The First Stone Of The Death Penalty, Bruce Ledewitz

Ledewitz Papers

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

Mid-Atlantic Ethics Committee Newsletter, Fall 1995

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Back To The Future: From Critical Legal Studies Forward To Legal Realism, Or How Not To Miss The Point Of The Indeterminacy Argument, John Hasnas

Duke Law Journal

No abstract provided.

Disciplinary Differences, Dwight Aarons

Scholarly Works

No abstract provided.

A Lot Of Knowledge Is A Dangerous Thing: Will The Legal Profession Survive The Knowledge Explosion?, H W. Arthurs

Dalhousie Law Journal

Professor Arthurs argues that with the growth and diversification of knowledge, the common body of knowledge that underpins a unified profession is becoming more difficult to sustain. The desire to know, the need to know and the resources to know have divided lawyers into subprofessions, increasingly defined by the non-lawyers with whom they work and the clienteles they serve, bound togetherif at all-only by nostalgia and some residuum of self-interest.

Pinpointing The Beginning And Ending Of A Temporary Regulatory Taking, Gregory M. Stein

Scholarly Works

No abstract provided.