Digital Commons Network^™

To Serve And Yet To Be Protected: The Unconstitutional Use Of Coerced Statements In Subsequent Criminal Proceedings Against Law Enforcement Officers, Andrew M. Herzig

William & Mary Law Review

No abstract provided.

Globalization Of Law, Politics, And Markets - Implications For Domestic Law - A European Perspective, Jost Delbruck

Indiana Journal of Global Legal Studies

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Theories Of Poetry, Theories Of Law, Lawrence Joseph

Vanderbilt Law Review

I write poetry." Also, since 1976, when I was admitted to practice before a state bar, I have served as a law clerk for a justice of a state supreme court, practiced, and mostly taught law. About the time that I began law school, while I was writing poems that would appear in my first book, an extraordinary change in jurisprudence began to occur, one which focused on legal language as something more than a medium for conveying singular meaning. This legal theory has become as important as any since legal realism. Because I also have written essays and re- …

The Triumph Of Equity, Douglas Laycock

Law and Contemporary Problems

It is argued that the equitable remedies of injunction and specific performance have become routine in many legal contexts. This claim is supported by an overview of the contributions of equity to remedies, procedure and substantive law and to contemporary attitudes toward discretion and formalism.

Park Districts Coping With Environmental Liability And Environmental Responsibility In The Nineties, Catherine Nichols

Northern Illinois University Law Review

This article examines the special concerns that park districts must cope with as environmental enforcement efforts have been broadened to include local governmental bodies. The author analyzes the impact of environmental regulations on park districts and concludes that park districts need to strictly enforce risk management programs to minimize environmental response costs.

The Importance Of Negotiations In Illinois Environmental Rulemaking And Overview Of The Illinois Regulatory Process, James T. Harrington

Northern Illinois University Law Review

This article helps to unravel the complexity of the vast array of agencies and procedures involved in environmental regulation. The article begins by examining the various agencies and their respective roles in environmental regulation. The article advocates an improved system of rulemaking which would allow more public participation by interested parties leading to a more effective system of environmental regulation in Illinois.

Takings Term Ii: New Tools For Attacking And Defending Environmental And Land-Use Regulation, Michael Allan Wolf

Northern Illinois University Law Review

The constitutional rules of the game for environmental and land-use advocates and commentators shifted noticeably during the October 1991 Term of the United States Supreme Court. This article considers the impact of three recent cases--Lucas, Yee, and PFZ--on the structure and patterns of federal takings law and on the strategy employed by those charged with challenging or supporting regulations that arguably effect a taking of private property in the public interest.

Borders, Barriers, And Other Obstacles To A Holistic Environment, Steven M. Siros

Northern Illinois University Law Review

This article addresses the barriers and obstacles that are facing parties harmed by transboundary pollution in the Great Lakes ecosystem. The article advocates the breakdown of reciprocal access for parties on both sides of the border. The article further advocates the breakdown of substantive barriers facing parties harmed by transboundary pollutants via the integration of the fragmented regulatory scheme into one holistic environmental statute. The environment must be looked at in a holistic manner, and the breakdown of the substantive and procedural barriers facing parties affected by pollutants is a step in that direction.

Common Law Liability For Leaking Underground Storage Tanks, Michael J. Maher

Northern Illinois University Law Review

This article examines Illinois common law theories of liability for owners and operators of leaking underground storage tanks. Specifically, this article explores trespass, nuisance, negligence, and strict liability as theories of recovery for damages caused by leaking underground storage tanks.

The Role Of The Illinois Attorney General In Environmental Enforcement, Roland W. Burris, Diane L. Rosenfeld

Northern Illinois University Law Review

In this article, the authors explain the critical role of the Attorney General in the enforcement of Illinois' environmental laws. Improvements made in the attorney-client relationship between the Attorney General's Office and the Illinois Environmental Protection Agency have led to streamlined enforcement of cases and a stronger prioritization of environmental matters. Attorney General Burris' hands-on management style in prosecuting environmental violations and formulating initiatives to strengthen enforcement is explained. The first part of the article describes the responsibilities and function of the Attorney General as chief legal officer for the State in his representation of State agencies and as lawyer …

Wetlands Preservation In The United States: A Case Of Fragmented Authority, Lettie Mcspadden Wenner

Northern Illinois University Law Review

This article addresses the problems which have been associated with environmental regulation in the context of wetlands preservation. The article begins by reviewing how wetlands protection evolved from the early seventies. The article concentrates on the Clean Water Act Amendments of 1977, especially the nationwide permit system. The article provides a comprehensive discussion of the permitting process. The article concludes that there are many changes that need to be made, especially bringing all actors involved in wetlands regulation together to attempt to remedy the problems inherent in a fragmented regulatory system.

No Final Victories: The Incompleteness Of Equity’S Triumph In Federal Public Law, Thomas D. Rowe Jr.

Law and Contemporary Problems

Prominent areas in which the US Supreme Court has denied equitable relief are examined, demonstrating the limited nature of equity's "triumph" in federal public law. The rationale behind the trend away from equity in such decisions is discussed.

Death By Default, James Lindgren

Law and Contemporary Problems

It is argued that most people would prefer that their lives not be artificially prolonged and that, in the absence of evidence that a particular person would have preferred otherwise, courts should permit life support to be withdrawn. A counter argument is presented.

Standing Rusty And Rolling Empty: Law, Poverty, And America's Eroding Industrial Base, Fran Ansley

Scholarly Works

No abstract provided.

Clinic Bill Strikes At Nonviolent Protest, Bruce Ledewitz

Ledewitz Papers

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

The Endangered Species Act Under Attack: Could Conservation Easements Help Save The Esa?, Kimberley K. Winter

Northern Illinois University Law Review

In this article the author notes that the Endangered Species Act has increasingly come under attack. The attack on the ESA has been brought about primarily due to the substantial adverse economic effects caused by enforcement of the ESA 's provision. The author seeks to alleviate the economic burden on the affected parties in order to decrease the push for ESA reform. First, the author examines Fifth Amendment taking theory and concludes that it is insufficient to rectify the problem. Second, the author examines conservation easement theory and concludes that the purchase of conservation easements by environmental organizations would be …

A Proposed Prolegomenon For Normative Theological Ethics With A Special Emphasis On The Usus Didacticus Of God's Law, John Tape

Doctor of Theology Dissertation

The purpose of this study is to examine and organize some of the current contrasting methodologies of theological ethics in an attempt to determine the Biblical method of choosing the moral option. This will be done in two different ways.

In the first part, two common methods in moral philosophy, the deontological method and the teleological method, will be defined and illustrated. It will be demonstrated that Scriptural ethics has elements in common with both rule deontology and rule teleology. In the second part, the Scriptural method of moral reasoning will be examined more closely by comparing three different ways …

En Banc Ruling Bursts More Than Bubbles In Patent Litigation: A.C. Aukerman Co. V. Rl Chaides Construction Co. And Its Impact, Russell D. Slifer

Northern Illinois University Law Review

This comment explains the development and application of both laches and equitable estoppel defenses in patent litigation. The comment focuses on the recent Court of Appeals for the Federal Circuit decision changing the evidentiary requirements needed to overcome a presumption of laches. In addition to the changes made to laches, the reduction in elements needed to establish equitable estoppel are reviewed. The author concludes that the changes to laches fail to provide additional protection where additional protection is justified, while the reduced elements of estoppel decrease protection for patent owners.

Entrapment And Jacobson V. United States: "Doesn't The Government Realize That They Can Destroy A Man's Life?", Leslie G. Bleifus

Northern Illinois University Law Review

This note examines the United States Supreme Court decision finding that the criminal defendant had been entrapped by the government as a matter of law. The author contends that the Court's disposition of this case was not consistent with precedent and concludes that the decision was an implicit application of the due process defense.

Addicted Pregnancy As A Sex Crime, Lorraine Schmall

Northern Illinois University Law Review

This article examines how controls on addictive pregnancy present a new and dangerous threat to the treatment of women under the law. The author first examines the relationship between the mother and the fetus, concluding that no coherent status attaches to the unborn vis-a-vis its own mother which could justify depriving her of her privacy, autonomy, and the right to make personal family decisions. The article continues with a historical discussion of disparate legal treatment of women throughout history, and the discriminatory effect of state intervention into cases of addicted pregnancy on poor people and people of color. This article …

Filling The Court-Created Gap In The Protection Of Concerted Activities The Need For Striker Replacement Collective Bargaining, Harold A. Katz

Northern Illinois University Law Review

This article discusses the adverse impact of the Mackay doctrine on the effectiveness of concerted activity by allowing the employer to continue production with the use of permanent replacements. Restoration of a protected right to the job after the strike is settled is essential to the preservation and growth of the collective bargaining system in the United States. The author argues that the Mackay doctrine undermines the establishment of stable and enduring labor-management relations which are essential in today's competitive markets. The author concludes with a call for more constructive collective bargaining for the '90's which will improve industry's competitive …

Lawyer - Spring 1993, Seattle University School Of Law

Lawyer

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Cites For Sore Ears (A Paper Moon), Vaughan Black, David Fraser

Dalhousie Law Journal

Music, as we know, is one of our vital cultural practices. It "has charms to soothe a savage breast" and is "the food of love."' Someone who does not love music is not to be trusted but someone "who has music in his [sic] soul will be most in love with the loveliest." Music and one's attitude towards it tell us a lot about the ethical and moral value of a person. Law, another key part of our culture, has traditionally dealt with music mainly as something which might fall within the domain of copyright or some related field of …

Texas Community Property Law: Conservative Attitudes, Reluctant Change, Joseph W. Mcknight

Law and Contemporary Problems

A senselessly rigid interpretation of a provision in the Texas consititution referring to a married woman's separate property has hampered development of community property law. The state's addressing of this issue is discussed.

Family Violence-Investigating Child Abuse And Learning From British Mistakes, Alastair Bissett-Johnson

Dalhousie Law Journal

It seems appropriate at the onset to set out something of what the disciplines of law, medicine and social work know about family violence and when, during recent years, this knowledge came to the attention of professionals, the public and legislature. We can then, perhaps, judge whether our existing laws, rules of evidence and procedure take this information adequately into account in dealing with cases of violence within the family. Whilst solving these problems takes time, and law often lags behind the behavioural sciences, the question arises whether the lag is too long and whether differences between experts in the …

The Hague Convention On The Law Applicable To Succession To The Estates Of Deceased Persons: Do Quasi-Community Property And Mandatory Survivorship Laws Need Protection?, Carol S. Bruch

Law and Contemporary Problems

Succession laws for those who have important connections with more than one country are clarified by the Hague Convention of Oct 20, 1988 on the Law Applicable to Succession to the Estates of Deceased Persons. One aspect of the Convention, mandatory survivorship rules, is examined, and possible effects of the testator's choice of law on them are considered.

Income From Separate Property: Towards A Theoretical Foundation, Thomas R. Andrews

Law and Contemporary Problems

The characterization of the rents, issues and profits from separate property brought into or acquired during marriage is discussed. There has been no comprehensive treatment of this issue in community property case law and literature in recent years.

Legal Realism And The Social Contract: Fuller’S Public Jurisprudence Of Form Private Jurisprudence Of Substance , James Boyle

Cornell Law Review

No abstract provided.

Religiously Motivated "Outrageous" Conduct: Intentional Infliction Of Emotional Distress As A Weapon Against "Other People's Faiths", Paul T. Hayden

William & Mary Law Review

No abstract provided.

Interdisciplinary Legal Scholarship In Search Of A Paradigm, Charles W. Collier

Duke Law Journal

No abstract provided.