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Broadcasting And The Administrative Process In Japan And The United States, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.

Victims Of The Law, Bruce Ledewitz

Ledewitz Papers

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

United States Telecommunications Trade Policy: Critique And Suggestions, Glenn Harlan Reynolds

Scholarly Works

No abstract provided.

Stallman V. Youngquist "No, You Can't Sue Mommy In Illinois:" The Illinois Supreme Court Rejects Maternal Prenatal Civil Liability, Joseph S. Badger

Northern Illinois University Law Review

This note examines the Illinois Supreme Court case which decided whether a mother could be held liable to her child for negligent infliction of prenatal injuries. This case pitted the interests of a fetus in being born with a sound mind and body against a mother's right to personal autonomy. After weighing the merits of these competing claims, and assessing the implications of an opposite conclusion, the supreme court held that the rights of the mother were superior to the interests of her fetus. This note explores the soundness of the court's decision to reject maternal prenatal civil liability and …

Testing The Hand That Bites You: Johnetta J. V. The Municipal Court: Mandatory Aids Testing, And The Fourth Amendment, Paul T. Whitcombe

Northern Illinois University Law Review

One type of response to the current AIDS crises has been to authorize mandatory testing of private individuals for HIV in certain circumstances that give rise to fear of transmission, such as a biting or spitting incident, even without reason to believe the attacker may be an AIDS carrier.

Michigan Department Of State Police V. Sitz: Suspicionless Seizures And The Fourth Amendment, Jill W. Broderick

Northern Illinois University Law Review

This note examines the United States Supreme Court decision upholding the constitutionality of sobriety roadblocks. The issue facing the Court was whether the initial stop of motorists passing through a sobriety roadblock and the associated preliminary questioning and observation by police officers violated the fourth amendment prohibition against unreasonable searches and seizures. The Court held that the initial stop and questioning at sobriety roadblocks did not violate the fourth amendment. This note analyzes the evolution of suspicionless seizures and concludes that because roadblocks subject drivers to seizure without probable cause or reasonable suspicion, their constitutionality under the fourth amendment is …

Aids And The Criminal Justice System: An Annotated Bibliography, John R. Austin, Rebecca S. Trammell

Northern Illinois University Law Review

Part I of this bibliography collects and annotates articles and books that discuss the legal issues that grow out of the impact of HIV infection and disease on the criminal justice system and the criminal law. Part II describes on-line databases, loose-leaf services, periodicals and bibliographies that would also be of interest to the researcher in this area.

Aids And The Federal Bureau Of Prisons: A Unique Challenge, Richard S. Wilbur

Northern Illinois University Law Review

275 This article reviews the medical nature of AIDS and the effect AIDS has on the changing legal climate in the United States regarding privacy and confidentiality. The author details the uniqueness of AIDS and the problems and responses of the Federal Bureau of Prisons to this late 20th Century epidemic.

Aids In Jail, Howard Messing

Northern Illinois University Law Review

The first American institution forced to face the AIDS epidemic and which served as a testing ground for institutional responses to AIDS was the jail. The response of the jail systems and the case law surrounding these responses discussed in this article will be informative in shaping and reviewing the responses of other institutions to the AIDS crisis.

Rutan V. Republican Party Of Illinois And Patronage Employment Practices: Clarification Or Confusion?, David Herman

Northern Illinois University Law Review

This recent United States Supreme Court decision determined that hiring, rehiring after layoffs, promotions, and transfers based on political affiliation or support, were impermissible infringements on a public employees' first amendment rights. This note examines the conflicting cases prior to Rutan, the Rutan decision, and the implications the decision will have in the area of political patronage employment practices. The author concludes that Rutan clarifies the scope of the First Amendment protection given employees from patronage practices but fails to clarify who is to receive the protection and suggests that the traditional "confidential or policymaking" test be modified.

The Scope Of Attorney Advertising In Illinois, Robert J. Franco, Anne Scheitlin Johnson

Northern Illinois University Law Review

Attorneys have long been allowed to advertise their services, with restrictions. With the extension of constitutional protection to commercial free speech, the professions were given access to marketing techniques which were formerly unknown. Once the toehold had been established, it was not long until commercial free speech was extended to attorney advertising.

Urinalysis Drug Testing Of Employees At Will: The Need For Mandatory Standards, Shane J. Osowski

Northern Illinois University Law Review

This comment examines the existing practice of urinalysis drug testing of employees at will. The comment focuses on the large amount of discretion that private employers currently have, and the potential ramifications that abuse of this discretion can have on employees. A recommendation is made to enact uniform federal legislation and apply existing federal employer guidelines to private employers as well.

The Battle Over The Rewrite Of Illinois' Telecommunications Law: Is More Reform Needed?, James M. Fink

Northern Illinois University Law Review

On May 15, 1992, the section of the Illinois Public Utilities Act dealing with telecommunications regulation expires. The Illinois General Assembly will either have to renew the current telecommunications law as is, or modify it. The imminent rewrite of the telecommunications law has created a great deal of controversy.

“Users United”: The Civil Justice Reform Act Of 1990, Jeffrey J. Peck

Law and Contemporary Problems

The implementation of the Civil Justice Reform Act of 1990, a law designed to improve the management of the civil justice system, is discussed. The substantive components of the law and the process that led to its enactment are addressed.

Science In The Court: Is There A Role For Alternative Dispute Resolution, Deborah R. Hensler

Law and Contemporary Problems

It is suggested that alternative dispute resolution procedures might remedy perceived problems in court procedures for dealing with scientific questions in medical malpractice, product liability and toxic tort litigation.

The Effects Of Fee Shifting On The Settlement Rate: Theoretical Observations On Costs, Conflicts, And Contingency Fees, John J. Donohue Iii

Law and Contemporary Problems

Litigation costs could be conceived as a bribe to parties to reach a contractual agreement settling their dispute. The question of what effect fee-shifting rules might have on the rate of settlements in lawsuits is examined.

Comment On Donohue, Danny Boggs

Law and Contemporary Problems

A comment on John J. Donohue III's article on the effects of fee-shifting rules on the rate of settlements in lawsuits is presented. The article bears out the idea that something may work fine in practice but it remains to be proven if it will work in theory.

Lawyer - Spring 1991, Seattle University School Of Law

Lawyer

• Dean Bond Cites School’s Recent Achievements, Sets Forth Future Challenges
• The Changing Legal Profession
• Women in Law Celebrated

James 1:25 And 2:12: The Perfect Law Of Liberty And The Perfect Liberty Of The Christian, Paul Alliet

Master of Sacred Theology Thesis

"The perfect law of liberty" is an expression which sounds strange. Even in secular use, a law is more often seen as a restriction of liberty than a guarantee of it, and theologically the problem seems as great if not greater.1This study is based on the belief that if James is allowed to speak on his own terms, he speaks as one who not only found the Law compatible with Christian liberty, but an essential part of it. This is particularly the case since St. James was one of the four half-brothers of our Lord mentioned in Matthew 13:55 and …

La Preuve, Les Techniques Modernes Et Le Respect Des Valeurs Fondamentales, Wafe Maclauchlan

Dalhousie Law Journal

In La preuve, les techniques modernes et le respect des valeurs fondamentales, Professor Pierre Patenaude has produced a scholarly and practical inquiry into the question of how law responds to science. This book raises questions of the gathering, the admissibility and the reliability of evidence through modem techniques such as electronic surveillance, breathalyzer tests, lie detectors, radar, the administration of truthinducing drugs, and hypnosis. It combines a thoughtful examination of values underlying the law of evidence with an introduction to the complexities and the frailities of scientific investigative techniques.

Approaching Aliens: A Plea For Jurisprudential Recovery As A Theoretical Introduction To (Ex)Socialist Legal Systems, Ivan L. Padjen

Dalhousie Law Journal

It might be wise to stop here. Even a reader who is sympathetic to jurisprudential imagination must regard the communicable part of my title with considerable misgiving. For he or she can hardly be unaware of the double jeopardy in which the general theorist of law places himself when dealing with socialist legal systems. The first has been aptly described by Alasdair MacIntyre in his parable of a man who aspired to be the author of the general theory of holes.' The moral of the story, that the concept of a hole is a poor foundation for a general theory …

Abortion Law In Canada: A Matter Of National Concern, Moira Mcconnell, Lorenne Clark

Dalhousie Law Journal

Canada's newest abortion legislation, embodied in Bill C-43, was defeated in the Senate on January 31st, 1991. The Bill sought to remedy the state of "lawlessness" which has existed respecting abortion ever since the decision reached by the Supreme Court of Canada in R. v. Morgentaler in January, 1988. However, this determination is incorrect. The law is quite clear: there is no criminal prohibition against abortion in Canada. This follows directly from the Court's holding in the Morgentaler decision that the old law, s. 287 (formerly s.251) of the Criminal Code, infringed a woman's right to security and liberty of …

The Nova Lawyer, Spring 1991, Volume 5, Number 1, Nova University Shepard Broad Law Center

Nova Lawyer

No abstract provided.

Textualism, Constitutionalism, And Federal Statutes, Jerry L. Mashaw

William & Mary Law Review

No abstract provided.

One Year After Blackwell Many Questions Still Exist, Bruce Ledewitz

Ledewitz Papers

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

Habeas Corpus As A Safety Valve For Innocence, Bruce Ledewitz

Ledewitz Papers

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

The Morality Of Capital Punishment: An Exchange, Bruce Ledewitz

Ledewitz Papers

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

A Thousand Points Of Ambiguity, Bruce Berner

Law Faculty Publications

No abstract provided.

Dear Boss: A Law Clerk's Tribute To Justice Brennan, E. Joshua Rosenkranz

Nova Law Review

Dear Boss,

An unfamiliar voice on my answering machine was the first to tell

me you retired.

Sources Of Injustice In Death Penalty Practice, Bruce Ledewitz

Ledewitz Papers

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