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Articles 4411 - 4440 of 5293
Full-Text Articles in Entire DC Network
Law, Art, And The Killing Jar, Louise Harmon
New York State Constitutional Decisions: 1993 Compilation
New York State Constitutional Decisions: 1993 Compilation
Touro Law Review
No abstract provided.
Intention, Interpretation, And Stories, Jane B. Baron
Intention, Interpretation, And Stories, Jane B. Baron
Duke Law Journal
No abstract provided.
Lawyer - Winter 1992, Seattle University School Of Law
Lawyer - Winter 1992, Seattle University School Of Law
Lawyer
• Two Alums From the School’s First Class, 1992 Distinguished Law Graduates
• Celebrating Our 20-Year Success Story Was a Grand Occasions
• When Proposed Law Affects Federal Judiciary, White Goes to Work to Illumine Impact
Less Than Perfected: Uncertainty In Illinois Judgment Lien Law, Frank Stepnowski
Less Than Perfected: Uncertainty In Illinois Judgment Lien Law, Frank Stepnowski
Northern Illinois University Law Review
Attempting to reduce the confusion surrounding Illinois judgment lien law, the author explores contradictory decisions of the past involving levy and execution, chancery's creditor's bill, and citation to discover assets. The article calls for clarification and specific reforms of Illinois's Article XII of the Code of Civil Procedure to conform judgment collection procedures with modern practice, the Bankruptcy Code, and the UCC.
Compromising Positions: An Essay And Review Of Abortion: The Clash Of Absolutes. By Laurence H. Tribe, Charles A. Rees
Compromising Positions: An Essay And Review Of Abortion: The Clash Of Absolutes. By Laurence H. Tribe, Charles A. Rees
Northern Illinois University Law Review
This review examines Laurence Tribe's book on abortion, focusing special attention on Tribe's discussion of compromises to the abortion dilemma and his own apparent resolution of the issue. Following an evaluation of Tribe's work, this review considers other possible compromises to the abortion dilemma which are suggested by the United States Constitution.
At The Boundaries Of Law And Equity: The Court Of Appeals For The Federal Circuit And The Doctrine Of Equivalents, Paul C. Craane
At The Boundaries Of Law And Equity: The Court Of Appeals For The Federal Circuit And The Doctrine Of Equivalents, Paul C. Craane
Northern Illinois University Law Review
This comment examines the doctrine of equivalents, focusing on the tensions created by the continued attempts of the Court of Appeals for the Federal Circuit to bring certainty and structure to this equity-based doctrine. As the comment unfortunately concludes, these attempts to introduce certainty and structure have increased the confusion as to many different aspects of patent litigation and practice. The author suggests that a more viable solution to the problem would be to restrict the scope of the doctrine rather than add additional analytical restrictions to the doctrine of equivalents.
The Supreme Court's Use Of Per Curiam Dispositions: The Connection To Oral Argument, Stephen L. Wasby, Steven Peterson, James Shubert, Glendon Shubert
The Supreme Court's Use Of Per Curiam Dispositions: The Connection To Oral Argument, Stephen L. Wasby, Steven Peterson, James Shubert, Glendon Shubert
Northern Illinois University Law Review
This study is an empirical examination of a set of the Supreme Court's per curiam rulings issued after oral argument between 1969 and 1981. The authors use transcripts of Supreme Court oral argument and the Court's opinions to untangle relationships between oral argument and dispositions, particularly when the Court does not reach the merits. The authors note that oral argument clarifies issues and helps the justices narrow them. The Court's comments in its per curiam dispositions indicate that oral argument is relevant for the Court's dispositions and at times it has been more determinative of outcomes, for example, when counsel's …
Federal Statutory Restrictions On The Enforceability Of Forum Selection Clauses, Timothy S. Rigsbee
Federal Statutory Restrictions On The Enforceability Of Forum Selection Clauses, Timothy S. Rigsbee
Northern Illinois University Law Review
This author examines the relationship between the forum selection clauses and particular federal statutes. The comment traces judicial attitudes concerning forum selection clauses and analyzes how courts have applied the public policy exception to the enforceability of forum selection clauses recognized by the Supreme Court in The Bremen v. Zapata Off-Shore Co. In particular, the comment examines the anomalous treatment courts have given forum selection clauses under FELA, the Jones Act, the Securities Acts, the Federal Arbitration Act, the Miller Act, and the Carriage of Goods by the Sea Act. The article then examines Carnival Cruise Lines, Inc. v. Shute, …
Florida V. Bostick: Abandonment Of Reason In Fourth Amendment Reasonable Person Analysis, James F. Heuerman
Florida V. Bostick: Abandonment Of Reason In Fourth Amendment Reasonable Person Analysis, James F. Heuerman
Northern Illinois University Law Review
This note examines the United States Supreme Court's decision which addressed the constitutionality of "bus sweeps" -- random suspicionless police questioning of interstate bus travelers. The Court concluded that a reasonable bus passenger could feel free to disregard police questioning, and accordingly found that not all such encounters are entitled to Fourth Amendment scrutiny. The author explores the Court's decision and contends that only by severely underestimating the inherent coercion in such encounters was the Court able to avoid the intuitive conclusion that passengers are "seized" during such questioning.
The Legal Profession In Transition: An Address At The Graduation Ceremonies Of Northern Illinois University College Of Law, Claire L'Heureux--Dubé
The Legal Profession In Transition: An Address At The Graduation Ceremonies Of Northern Illinois University College Of Law, Claire L'Heureux--Dubé
Northern Illinois University Law Review
The Northern Illinois University Law Review is pleased to publish the address delivered by the Honorable Claire L'Heureux-Dubé at the graduation for the class of 1992. Justice L'Heureux-Dubé is a member of the Supreme Court of Canada. Her address comments on the changes occurring in the legal profession as a result of forces of globalism and advances made by women and minorities. In particular, Justice L’Heureux-Dubé warns of the detrimental effects of the commercialization of the legal profession. Above all else, she reminds us that law is a learned profession requiring continuous study and contemplation.
Why Family Values Faltered: Capitalism, Bruce Ledewitz
Why Family Values Faltered: Capitalism, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Nova Lawyer, Fall 1992, Volume 6, Number 3, Nova University - Shepard Broad Law Center
The Nova Lawyer, Fall 1992, Volume 6, Number 3, Nova University - Shepard Broad Law Center
Nova Lawyer
No abstract provided.
Consideration And Estoppel: Problem And Panacea, Bruce Macdougall
Consideration And Estoppel: Problem And Panacea, Bruce Macdougall
Dalhousie Law Journal
In his book, The History of the Common Law of Contract, A.W.B. Simpson demonstrates that consideration originally seems to have meant the "matter of inducement" - the "why" of entering a promise.' He writes: "The essence of the doctrine of consideration, then, is the adoption by the common law of the idea that the legal effect of a promise should depend upon the factor or factors which motivated the promise. To decide whether a promise to do X is binding, you need to know why the promise was made."2 In modem terms, according to Simpson, a promise which lacks any …
The "New" Law Of The Sea And The Law Of Armed Conflict At Sea, Horace B. Robertson Jr.
The "New" Law Of The Sea And The Law Of Armed Conflict At Sea, Horace B. Robertson Jr.
Newport Papers
The 1982 United Nations Convention on the Law of the Sea establishes a regime for the oceans that includes a number of "zones" in addition to the traditional divisions of internal waters, territorial sea, and high seas. Although explicitly applicable only in peacetime, these new zones have a spillover effect on the law of naval warfare, particularly in the relationships between belligerents and neutral States.
The Establishment Of International Mechanisms For Enforcing Provisional Orders And Final Judgments Arising From Securities Law Violations, Michael D. Mann, Paul A. Leder, Elizabeth Jacobs
The Establishment Of International Mechanisms For Enforcing Provisional Orders And Final Judgments Arising From Securities Law Violations, Michael D. Mann, Paul A. Leder, Elizabeth Jacobs
Law and Contemporary Problems
In the 1980s and early 1990s, securities regulators have made substantial progress in developing cooperative relationships to reduce the value of international borders as barriers to the detection and prosecution of securities fraud, but there needs to be an establishment of international mechanisms for enforcing provisional orders and final judgments. The development of mechanisms pursuant to which regulators can assist each other in freezing assets and recovering illicit profits is discussed.
Looks Can Be Deceiving—A Comparison Of Initial Public Offering Procedures Under Japanese And U.S. Securities Laws, Alan L. Beller, Tsunemasa Terai, Richard M. Levine
Looks Can Be Deceiving—A Comparison Of Initial Public Offering Procedures Under Japanese And U.S. Securities Laws, Alan L. Beller, Tsunemasa Terai, Richard M. Levine
Law and Contemporary Problems
In order to examine the divergent administration of statutes that are by their terms similar, the initial public offering procedures that a non-sovereign domestic issuer follows in the US and Japan are described.
Games Without Frontiers: Trends In The International Response To Insider Trading, Harvey L. Pitt, David B. Hardison
Games Without Frontiers: Trends In The International Response To Insider Trading, Harvey L. Pitt, David B. Hardison
Law and Contemporary Problems
A study examines, from the perspective of two practitioners, current trends in the global regulation of insider trading.
Defining Illegal Insider Trading—Lessons From The European Community Directive On Insider Trading, Thomas Lee Hazen
Defining Illegal Insider Trading—Lessons From The European Community Directive On Insider Trading, Thomas Lee Hazen
Law and Contemporary Problems
The EC made a bold move towards defining precisely what conduct constitutes improper trading on nonpublic information with its Insider Trading Directive. The differences between the EC and US laws on insider trading are examined.
Insider Trading In A Globalizing Market: Who Should Regulate What?, Merritt B. Fox
Insider Trading In A Globalizing Market: Who Should Regulate What?, Merritt B. Fox
Law and Contemporary Problems
As the market for securities becomes increasingly global, the question of whose rules should apply to any particular transaction will arise with increasing frequency. The issue is examined.
Haling Foreign Subsidiary Corporations Into Court Under The 1934 Act: Jurisdictional Bases And Forum Non Conveniens, Glenn R. Sarno
Haling Foreign Subsidiary Corporations Into Court Under The 1934 Act: Jurisdictional Bases And Forum Non Conveniens, Glenn R. Sarno
Law and Contemporary Problems
The general theories and legal standards for obtaining personal jurisdiction over a nonresident foreign entity under section 27 of the 1934 Securities Exchange Act are examined. The theories of obtaining jurisdiction over a foreign subsidiary corporation that has a parent present in the US for jurisdictional purposes are used as an example.
Seeking… The Faces Of Otherness…: A Response To Professors Sarat Felstiner And Cahn , Lucie E. White
Seeking… The Faces Of Otherness…: A Response To Professors Sarat Felstiner And Cahn , Lucie E. White
Cornell Law Review
No abstract provided.
Rascals In Paradise: Urban Gangs In Papua New Guinea, Nand E. Hart Nibbrig
Rascals In Paradise: Urban Gangs In Papua New Guinea, Nand E. Hart Nibbrig
Pacific Studies
No abstract provided.
Lawyer - Summer 1992, Seattle University School Of Law
Lawyer - Summer 1992, Seattle University School Of Law
Lawyer
• Leadership of Washington Women Lawyers Comes from Our Own Law-Team Effort
• Family Law Virtuoso Directs Clients to Move On (by Gail Pruitt ’94)
• 20th Kick-Off Event Tosses Up Hot Issues in Legal Education
• New Laws Bring Sweeping Changes To the Labor and Employment Field
Between A Rock And A Hard Place In Illinois: Constitutional Responses To Adverse Waste Facility Siting Decisions, Tara Fetherling
Between A Rock And A Hard Place In Illinois: Constitutional Responses To Adverse Waste Facility Siting Decisions, Tara Fetherling
Northern Illinois University Law Review
The author undertakes a critical review of the role of public participation in the Illinois waste facility siting statute, concluding that the statute, as currently written, interpreted and implemented supplies only one demonstrable criterion from which county boards make siting decisions--public opposition. Recognizing that appeals from local siting denials are seldom fruitful for waste management developers, the author explores two constitutional responses to the Illinois siting scheme. First the author provides statutory and regulatory bases for application of preemption doctrine and further demonstrates that a basis for preemption of the Illinois statute may be forthcoming as Congress recognizes waste capacity …
The Commodification Of "Nature's Metropolis": The Historical Context Of Illinois' Unique Zoning Standards, Fred P. Bosselman
The Commodification Of "Nature's Metropolis": The Historical Context Of Illinois' Unique Zoning Standards, Fred P. Bosselman
Northern Illinois University Law Review
Professor Bosselman takes an historical look at the early development of zoning in Chicago and concludes that the nineteenth century view of land as simply another form of capital that could be rendered standardized and fungible through commodification led to the adoption of the LaSalle factors. The author notes the influence of the human ecology theory of urban growth on the development of the LaSalle Bank standards and calls both for a reexamination of the theoretical foundations for the standards and for recognition that a theory based upon nineteenth century life may not accommodate the ecological realities of modern life.
An Alternative For Illinois Land Use Legislation, Clyde W. Forrest
An Alternative For Illinois Land Use Legislation, Clyde W. Forrest
Northern Illinois University Law Review
This article addresses the need for an interrelated planning component in Illinois land use law. Professor Forrest concludes that the existing legislative model is obsolete and fails to address common problems confronting decision makers. In order to remedy the legislative scheme, Professor Forrest proposes an Integrated Planning Model Act which will facilitate efficiency and consistency in managing land use at every level of government.
Illinois Annexation Agreements--Are We Behind The Times?, Barbara Baran
Illinois Annexation Agreements--Are We Behind The Times?, Barbara Baran
Northern Illinois University Law Review
Ms. Baran begins her article by discussing the impetus for the Illinois Annexation Agreement Statute. Next, she provides the reader with a thorough analysis of each provision of the statute with particular emphasis on the enforceability of agreements. Ms. Baran notes that uncertainties associated with development make the statute appealing to developers and municipal officials. She believes that the statute provides a sufficient basis for agreements and that it may not be necessary for Illinois to move toward a more specific developer agreement statute. She does, however, promote the position that the statute should be brought up to date and …
An Outsider Looks At Illinois Zoning And Planning, Edward H. Ziegler Jr.
An Outsider Looks At Illinois Zoning And Planning, Edward H. Ziegler Jr.
Northern Illinois University Law Review
This article is an edited version of Professor Ziegler's presentation which provides an outsider's perspective on the current issues facing Illinois land use law. From this perspective, Professor Ziegler examines the adequacy of Illinois regulatory authority, addresses the role of judicial review in the context of zoning decisions, and analyzes the need for planning. Professor Ziegler concludes that better utilization of regulatory authority and an emphasis on planning would provide a better framework for local communities to have zoning classifications sustained on review.