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The Illinois Parentage Act: Constitutional?, Stephen A. Stobbs Nov 1994

The Illinois Parentage Act: Constitutional?, Stephen A. Stobbs

Northern Illinois University Law Review

In Illinois, a putative father's relationship with his child can be arbitrarily terminated by the State. A man who fathers a child and abandons both the mother and child is subject to court termination of his parental rights. However, the same person can actively care for and participate in every way with his child's rearing, and still be subject to court termination of his relationship. In essence, the rule in Illinois is that a father's parental rights are not dependent on the relationship he has with his child, but rather, on a law which ignores the nature of their relationship. …

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What's Good For The Goose Is Good For The Gander: Toward Recognition Of Men's Reproductive Rights, Mary A. Totz Nov 1994

What's Good For The Goose Is Good For The Gander: Toward Recognition Of Men's Reproductive Rights, Mary A. Totz

Northern Illinois University Law Review

Over the past few decades, gender equality has slowly made its way into many areas of family law where women were once the favored sex. Despite the trend toward treating men and women equally, women continue to have the unilateral right to decide whether a conception, which was jointly formed, will result in parenthood. From the time a pregnancy commences until a fetus is either born or aborted, courts have held that a man has no right to decide whether or not he will become a parent. This comment examines recent changes in society and the law which, in appropriate …

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A Judicial Blow For "Jane Crowism" At The Citadel In Faulkner V. Jones, Sara L. Mandelbaum Nov 1994

A Judicial Blow For "Jane Crowism" At The Citadel In Faulkner V. Jones, Sara L. Mandelbaum

Northern Illinois University Law Review

The Citadel, the military college of South Carolina, and the Virginia Military Institute, two bastions of male privilege in the South, are fighting to keep women out with vengeance reminiscent of the era of massive resistance. This article, a portion of a longer article in progress, delineates the major constitutional questions raised by these cases from the point of view of counsel to Shannon Faulkner, the young woman who sued for admission to The Citadel. As one federal judge has recognized, these cases are not so much about education as about "wealth, power, and the ability of those who have …

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How To Prevent Another Larsen Affair, Bruce Ledewitz Oct 1994

How To Prevent Another Larsen Affair, Bruce Ledewitz

Ledewitz Papers

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

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Starting With The Students: Lessons From Popular Education, Fran Ansley Oct 1994

Starting With The Students: Lessons From Popular Education, Fran Ansley

Scholarly Works

No abstract provided.

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The Treachery Of Perception: Evidence And Experience In Clarissa, Judy Cornett Oct 1994

The Treachery Of Perception: Evidence And Experience In Clarissa, Judy Cornett

Scholarly Works

No abstract provided.

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Accrediting And The Sherman Act, Clark C. Havighurst, Peter M. Brody Oct 1994

Accrediting And The Sherman Act, Clark C. Havighurst, Peter M. Brody

Law and Contemporary Problems

The shortcomings of the Sherman Act as it relates to private accrediting are examined in order to assist courts in minimizing the anticompetitive features of accreditation and maximizing its procompetitive benefits. A lack of clear legal principles to guide factual analysis and to facilitate the granting of summary judgment in appropriate cases has led to unfocused and protracted litigation.

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Racial Segregation In Canadian Legal History: Viola Desmond's Challenge, Nova Scotia, 1946, Constance Backhouse Oct 1994

Racial Segregation In Canadian Legal History: Viola Desmond's Challenge, Nova Scotia, 1946, Constance Backhouse

Dalhousie Law Journal

Viola Desmond's courageous efforts to eliminate racial segregation are not as well known to Canadians in general. However, the legal response to Viola Desmond' s challenge provides one of the best examples of the historical role of law in sustaining racism in Canada.

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Confidentiality And Disclosure In Accreditation, Timothy Stoltzfus Jost Oct 1994

Confidentiality And Disclosure In Accreditation, Timothy Stoltzfus Jost

Law and Contemporary Problems

The law and the internal policies of accrediting entities have protected the confidentiality of accreditation information, but regulators who rely on accreditation decisions for public purposes are demanding greater access to this information. The litigation involving access to accrediting information is examined.

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Tort Liability To Those Injured By Negligent Accreditation Decisions, Peter H. Schuck Oct 1994

Tort Liability To Those Injured By Negligent Accreditation Decisions, Peter H. Schuck

Law and Contemporary Problems

The risk of tort liability for negligent accreditators is examined. Only a single court has held a private accrediting body liable to a consumer for negligence in connection with its evaluation of a social service provider.

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The Development Of The Better Schools Program In Tennessee From 1981 To 1986, Daris A. Gose Aug 1994

The Development Of The Better Schools Program In Tennessee From 1981 To 1986, Daris A. Gose

Electronic Theses and Dissertations

The purpose of this study was to investigate the origin, development, and implementation of the Better Schools Program in Tennessee. Materials were gathered from East Tennessee State University Library, University of Tennessee Library, Walters State Community College Library, Belmont University Library, Tennessee State Library and Archives and Morristown-Hamblen County Library. These materials consisted of government documents, presidential and gubernatorial speeches, audio and video tapes, books, and periodicals. Personal interviews were also collected from two TEA members and seven legislators. The materials were analyzed, and important passages were marked, incorporated into the paper, and documented. The research questions were (1) What …

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Lawyer - Summer 1994, Seattle University School Of Law Aug 1994

Lawyer - Summer 1994, Seattle University School Of Law

Lawyer

• What Makes a Law School?
• In a Fine Finale, U.N. Ambassador Albright Speaks of Responsibility in Our Time
• When is an Education Like a Singapore Caning? (by Brian McLean ’94)
• Liberty Bell Award Goes to Justice Johnson

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Doing Environmental Justice In Appalachia: Lawyers At The Grassroots And The Aspiration Of Social Change, Dean Rivkin Jul 1994

Doing Environmental Justice In Appalachia: Lawyers At The Grassroots And The Aspiration Of Social Change, Dean Rivkin

Scholarly Works

No abstract provided.

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Logic And The Common Law Trial, Richard H. Underwood Jul 1994

Logic And The Common Law Trial, Richard H. Underwood

Law Faculty Scholarly Articles

In this article, the author explores some of the inconsistencies between logic and the practice of law. The article draws together numerous anecdotes and examples of situations in which common sense was rejected or ignored in the name of legal procedure. The article focuses on various argument styles employed by lawyers.

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Who Owns The Family Farm? The Struggle To Determine The Property Rights Of Farm Wives, Susan A. Schneider Jul 1994

Who Owns The Family Farm? The Struggle To Determine The Property Rights Of Farm Wives, Susan A. Schneider

Northern Illinois University Law Review

This article reviews the historical transition of the legal status of farm wives, analyzes current laws affecting the respective ownership rights of husbands and wives to family farm assets, and discusses current federal farm programs as they relate to the treatment of husbands and wives. The author asserts that while the role of the farm wife has changed dramatically since pre-industrial times, her importance to farming has not. Finally, the author concludes that both husbands and wives are well advised to give careful consideration to their respective legal status and its potential interpretation by courts in their jurisdiction.

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Wisconsin V. Mitchell: The End Of Hate Crimes Or Just The End Of The First Amendment, Lisa M. Stozek Jul 1994

Wisconsin V. Mitchell: The End Of Hate Crimes Or Just The End Of The First Amendment, Lisa M. Stozek

Northern Illinois University Law Review

This note examines Wisconsin v. Mitchell, wherein the United States Supreme Court ruled that the Constitution does not forbid "hate crime statutes" which lengthen the sentence of a criminal defendant for committing a bias-motivated crime. The author identifies a long line of First Amendment cases that are arguably contradictory to the Court's holding and examines the potential impact the decision's limit on free expression may have on society and free speech. The author concludes that while the Court's goal of suppressing hate crimes was admirable, the decision treads dangerously close to criminalizing speech and thought.

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The Arts As A Cultural And Economic Factor In World Trade, Stanley S. Madeja May 1994

The Arts As A Cultural And Economic Factor In World Trade, Stanley S. Madeja

Northern Illinois University Law Review

The author begins by reviewing the cultural vision reflected in the United Nations Charter. The author analyzes the growth and development in the arts and arts industry since 1945, and discusses the arts as both an economic force in the United States and as a commodity in world trade. The author concludes with a discussion regarding ownership of the arts and culture, intellectual property rights, and copyrights in the field of electronic imaging.

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Commercial Speech Suffers A First Amendment Blow In United States V. Edge Broadcasting Co., Tara Lavery May 1994

Commercial Speech Suffers A First Amendment Blow In United States V. Edge Broadcasting Co., Tara Lavery

Northern Illinois University Law Review

This note examines the United States Supreme Court decision upholding the federal anti-lottery statutory scheme as constitutional under the First Amendment. The author contends that the Court disregarded precedent which established intermediate scrutiny as the standard of review when determining the constitutionality of restrictions on commercial speech. The Court utilized a mere rationality review, by deferring to legislative policies that at one time served an important interest, but no longer substantiate a complete ban on the free flow of truthful commercial information.

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Minnesota V. Dickerson: "Plain Feel" And The Expansion Of Terry To Allow Warrantless Seizures Of Non-Weapon Contraband, Mark D. Walton May 1994

Minnesota V. Dickerson: "Plain Feel" And The Expansion Of Terry To Allow Warrantless Seizures Of Non-Weapon Contraband, Mark D. Walton

Northern Illinois University Law Review

This note examines the United States Supreme Court decision accepting a "plain feel" analogue to the plain view doctrine. The author contends that this is an improper expansion of Terry v. Ohio that will result in routine warrantless personal searches for non-weapon contraband.

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Some Economic Aspects Of Crime In The United States, Joseph A. Martellaro May 1994

Some Economic Aspects Of Crime In The United States, Joseph A. Martellaro

Northern Illinois University Law Review

This article focuses on the economic aspects of crime in the United States, specifically analyzing crimes which are committed by persons upon other persons and against property. The author notes that NAFTA may result in an increased influx of crime due to increased activity between the United States, Canada and Mexico. The article proceeds to analyze the economic aspects of criminal behavior by examining the probability of success via "Risk-Factors." The article examines the enormous cost of crime in the United States, and concludes that the monetary awards of crime will continue to result in an increase in criminal activity, …

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Lesbians, Gays And The Struggle For Equality Rights: Reversing The Progressive Hypothesis, Mary Eaton Apr 1994

Lesbians, Gays And The Struggle For Equality Rights: Reversing The Progressive Hypothesis, Mary Eaton

Dalhousie Law Journal

The tale often told of Canadian law's advancement in the field of sexual orientation rights is simple but sublime: law has moved, however ploddingly and not without substantial prodding, out of an epoch of almost total repression, into an evermore enlightened era. Castigated by criminal law, pushed to the perimeter by administrative law, and ignored by human rights law, the "homosexual"' had once been law's quintessential "other." In recent years, however, legislatures and courts have increasingly been willing to recognize "homosexuals" as a constituency too long held down by the heavy hand of legal control. Most penal prohibitions against exercises …

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"Solutions In Sciences Outside Of The Law!?" Rodriguez V. British Columbia (A.G.), Anne Jackman Apr 1994

"Solutions In Sciences Outside Of The Law!?" Rodriguez V. British Columbia (A.G.), Anne Jackman

Dalhousie Law Journal

While we are forced, somewhat begrudgingly, to face the fact that there are limitations to what medicine can achieve, we still seem to have an undisturbed faith in what law can achieve. The limitations to what litigation under the Canadian Charter of Rights and Freedoms' can achieve was highlighted most recently in the case of Rodriguez v. British Columbia (A.G.)2 where the Supreme Court of Canada, by a five to four margin, upheld the constitutionality of the assisted suicide provisions of the Criminal Code.3 The Court recognized that Ms. Rodriguez's rights were violated but concluded that the infringement did not …

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Solving The Chevron Puzzle, Linda R. Cohen, Matthew L. Spitzer Apr 1994

Solving The Chevron Puzzle, Linda R. Cohen, Matthew L. Spitzer

Law and Contemporary Problems

The "Chevron" decision, which boils down to the rule that federal courts must respect any reasonable interpretation by an administrative agency of its own statute, is discussed. This decision and its relationship to the modern system of administrative government in the US is examined.

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Playing The Game, Allan C. Hutchinson Apr 1994

Playing The Game, Allan C. Hutchinson

Dalhousie Law Journal

Soccer is my game. It has been part of my life and, therefore, a part of me since before I can remember. Much of my early years was spent kicking a ball around in one setting or another. Sleeping or waking, I was never far from a soccer ball. On my own against a wall or with a couple of likeminded friends, I took the part of legendary favourites and played out some of soccer's great games. The stuff of boyhood fantasizing, some of my best memories can still be traced back to my grandfather's back yard or the local …

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Punishment Most Cruel, Bruce Ledewitz Mar 1994

Punishment Most Cruel, Bruce Ledewitz

Ledewitz Papers

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

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Imposition, Richard Delgado, Jean Stefancic Mar 1994

Imposition, Richard Delgado, Jean Stefancic

William & Mary Law Review

No abstract provided.

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The Word On Trial, Robin West Mar 1994

The Word On Trial, Robin West

William & Mary Law Review

No abstract provided.

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Scorn, Richard Delgado, Jean Stefancic Mar 1994

Scorn, Richard Delgado, Jean Stefancic

William & Mary Law Review

No abstract provided.

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Rico's Latest Victim—Social Protest, Bruce Ledewitz Feb 1994

Rico's Latest Victim—Social Protest, Bruce Ledewitz

Ledewitz Papers

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

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The National Flood Insurance Program: Unattained Purposes, Liability In Contract, And Takings, Charles T. Griffith Feb 1994

The National Flood Insurance Program: Unattained Purposes, Liability In Contract, And Takings, Charles T. Griffith

William & Mary Law Review

No abstract provided.

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