Digital Commons Network^™

Enforceability Of Guarantees By Charitable Organizations, Carl H. Wartman

Northern Illinois University Law Review

When a group of linked charitable organizations seeks financing, its lender must evaluate the likely enforceability of each member's guarantee of its affiliates' obligations using concepts which are very different from conventional analysis used for for-profit corporations. This Article discusses applicable law and suggests several approaches to the problem for lenders, borrowers, and their counsel.

Law And Tokelau, A. H. Angelo, Hosea Kirifi, Andie Fong Toy

Pacific Studies

No abstract provided.

Employment At Will In Illinois - Has The Employer Been Forgotten?, Walter W. Timm

Northern Illinois University Law Review

This Comment discusses the status of the doctrine of employment at will in Illinois particularly as it relates to the employer in the wake of the Illinois Supreme Court decision in Duldulao v. St. Mary of Nazareth Hospital Center. A recommendation is made that further erosion should be minimized and that, to that end, the Illinois General Assembly should clarify pertinent terminology.

Evolving Disclosure Practices And Standards Affecting Tax-Exempt Bonds Issued For The Nonprofit Health Care Industry, Robert J. Zimmerman, Daniel J. Rieken

Northern Illinois University Law Review

This Article addresses the effects of increasingly stringent disclosure standards under securities laws as such standards affect capital generation by the not for profit health care industry. Recently promulgated Securities and Exchange Commission Rule 15c2-12 and voluntary disclosure standards are analyzed and applied to the health care tax exempt securities transaction. The authors conclude that the health care industry must accept the need for more extensive disclosure than has been the practice.

Voluntary Dismissals In Illinois, Robert G. Johnston, Lain D. Johnston

Northern Illinois University Law Review

This Article analyzes the practice of plaintiff's motions for voluntary dismissals in Illinois Courts, both state through Illinois Code of Civil Procedure Section 2-1009 and Federal through Federal Rule of Civil Procedure 41. Many commentators have said that there has been abuse of voluntary dismissals in Illinois state courts. Thus, because the Federal Rule gives the trial judge more discretion in denying voluntary dismissals, these commentators have argued for an adoption of a state rule (procedure) which is more similar to the Federal rule. This Article compares the practice and standard of the two provisions and concludes that no such …

Tax Reform Held Hostage By Constitutional Amendment, Bruce Ledewitz

Ledewitz Papers

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

Debating A Paralyzing Objectivity, Bruce Ledewitz

Ledewitz Papers

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

School Of Law Commencement: May 13, 1989, University Of North Dakota

UND Commencement Programs

School of Law Commencement program from May 13, 1989.

Of Courts, Clauses And Native American Culture: Lyng V. Northwest Indian Cemetery Protective Association, Bill Peters

Northern Illinois University Law Review

This Casenote discusses the Supreme Court opinion in Lyng v. Northwest Indian Cemetery Protective Association, which approved road construction across land held sacred by various North American Indian tribes. The Note examines the free exercise clause of the first amendment under which the Indians challenged the Forest Service project, and that clause's development through constitutional case law as a guarantee of fundamental religious rights. This Note suggests that the Court's incremental departure from strict scrutiny analysis in free exercise controversies has, at least for Native Americans, culminated with the decision in Lyng.

Attorney Fee Shifting: The Sanctioning Power Of Section 1927 Of Title 28, United States Code, James A. Wright

Northern Illinois University Law Review

This Comment examines the shifting of attorneys' fees under the courts' inherent power, Federal Rule of Procedure 11, and 28 United States Code, Section 1927. The Comment concludes that the power to sanction is non-uniform and weak. The Comment advocates a statutory interpretation of Section 1927 that supplies courts with the power to sanction attorneys for subjective as well as objective misconduct. Under this interpretation, the courts are given the comprehensive power to shift attorneys' fees.

Generalizing From Facts In Predicting Court Cases, Stuart S. Nagel

Northern Illinois University Law Review

This Commentary illustrates how case outcomes and damages can be predicted through the use of simple averaging procedures. The process involves an estimation of probabilities of victory and damages likely to be awarded for each relevant factual matter, and then a calculation of an average estimate used to obtain an overall victory probability and probable damages, This Commentary applies the Policy/Goal Procedure (P/G%) decision-aiding software for attorneys, which was lauded by the Supreme Court in Ballew v. Georgia, through concrete examples.

Rico And The Rule Of Lenity, Ellsworth A. Van Graafeiland

Northern Illinois University Law Review

Since its enactment in 1970, RICO has been somewhat problematic in its application. This Commentary explores some of the interpretational problems encountered by federal courts regarding certain RICO provisions from the perspective of a Judge for the Second Circuit Court of Appeals. The Commentary contends that, although Congress intended the law to be liberally construed, the statute's ambiguity demands strict construction in favor of lenity.

The Illinois Mortgage Foreclosure Act And Installment Contracts: Filling In The Gaps, Robert Kratovil

Northern Illinois University Law Review

This Commentary examines the new Illinois Mortgage Foreclosure Act as it relates to installment contracts. The Commentary is intended as a practical guide to complying with paragraph 15-1106 of the Act by filling in the gaps between current real estate contract forms and what is required by the statute.

U.C.C. Section 2-702(2): A Unsecured Seller's Right To Reclaim Goods, William C. Sturm

Northern Illinois University Law Review

This Article is an analysis of the commercial setting in which a seller ships goods to a purchaser on credit and later discovers the buyer is insolvent. Under the Uniform Commercial Code, a possibility exists that the seller can recover the goods. This Article explores the rights and remedies available to the seller, and examines the problematic history of Uniform Commercial Code Section 2-702(2) as it relates to this problem.

Governor Can Still Appoint Replacement For Justice Stout, Bruce Ledewitz

Ledewitz Papers

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

Abolition Then And Now, Bruce Ledewitz

Ledewitz Papers

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

Alaska Justice Forum ; Vol. 6, No. 1 (Spring 1989) , Parry L. N/A, N/A Bureau Of Justice Statistics, Stephen Conn

Vols 01-10 (1977-1994)

The Spring 1989 issue of the Alaska Justice Forum presents the second of two articles analyzing Alaska crime trends; Uniform Crime Reporting data and additional data compiled by the Alaska State Troopers are used to analyze 1963–1987 statewide trends for each of the seven criminal offenses included in the Federal Bureau of Investigation's crime index (arson is not included). The Bureau of Justice Statistics reports on federal and state correctional populations at yearend 1988, finding an increase of 7.4% over 1987 figures and a 90% increase from the 1980 prison population. In an exerpt from a longer paper on the …

Is Doing Your Job A Sufficient Justification For Doing Something Wrong, Bruce Ledewitz

Ledewitz Papers

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

Book Review: International Handbook On Contracts Of Employment. Edited By John S. Bradley And Brian Youngman, With A Foreword By John R. Salter., Fran Ansley

Scholarly Works

No abstract provided.

Speaking With Forked Tongues: Mercantilism, Telecommunications Regulation, And International Trade, Glenn Harlan Reynolds

Scholarly Works

No abstract provided.

Hazardous Technology, Environmental Pollution And Mncs: A Dangerous Combination, Nikhil Nayyar

National Law School of India Review

The entry of MNCs in countries and their relationship with environmental laws is difficult to navigtate. The act of causing environmental pollution by an MNC, even though they do not possess a legal personality, might constitute an international crime.

Transcendental Nonsense, Metaphoric Reasoning, And The Cognitive Stakes For Law, Steven L. Winter

Law Faculty Research Publications

No abstract provided.

Listening To Tribal Legends: An Essay On Law And The Scientific Method, Nancy Levit

Faculty Works

Much of jurisprudence is storytelling, recounting tales of what has gone before; improvising and crafting new stories of legal theory from old ones. Useful kernels are passed from one generation of legal thinkers to the next. Like tribal legends, the messages in many stories of jurisprudence can be understood only by a select audience. Legends often come with morals; theories of jurisprudence often impart prescription for living within the law. Jurisprudence, like legends, concerns fundamental issues, confronts cosmic questions and weaves in magic. Sometimes both possess humor as well.

Unfortunately, some modern versions of jurisprudential theories have become anecdotal. The …

The Corporate Attorney-Client Privilege: A Study Of The Participants, Vincent C. Alexander

Faculty Publications

Empirical research on the practical effects of the attorney-client privilege in the corporate context has been almost nonexistent. This Article seeks to help fill the gap by synthesizing traditional doctrinal analysis with the results of a survey of individuals with first-hand information about the subject: corporate attorneys, corporate management, and federal judges and magistrates. The survey, which consisted of 182 interviews in New York City, produced a broad range of information about some of the assumptions underlying the corporate privilege, the forms and processes of corporate attorney-client communications and the adjudication of privilege claims.

Roman Criminal Law In A Berlin Papyrus Codex (Bgu Iv 1024–1027), James G. Keenan

Classical Studies: Faculty Publications and Other Works

Of the statuary that has survived from Egypt's ancient dynasties, a familiar pose, whose prototype dates back to the Old Kingdom, is that of the scribe, sitting cross-legged with a papyrus roll spread open between his knees. Through Egypt's Ptolemaic and into its Roman period, although the scribe's position and posture may have changed, his use of the papyrus roll remained as before. But, beginning in the second century of Roman rule in Egypt, a new book form, the codex, identical in general design to the modern book, began to be developed and its use began to spread. Papyrus continued …

In Defence Of Poesie, Michael L. Richmond

Fordham Law Review

No abstract provided.

Judicial Election Questions Left Unanswered By Justices, Bruce Ledewitz

Ledewitz Papers

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

Detaining Successful Habeas Corpus Petitioners Due To Dangerousness: Hilton V. Braunskill, Ronald P. Adams

Northern Illinois University Law Review

This Note examines the viability of allowing federal courts to consider the state's interest in public safety as a means of continuing the incarceration of a successful habeas corpus petitioner pending appeal. An analysis of Hilton v. Braunskill shows that the guidelines adopted by the Supreme Court to determine when continued incarceration is permissible fail to adequately balance competing state individual interests thereby denying liberty to persons whose state conviction has been rendered void.

An Independent Judiciary: Bulwark Of The Constitution, William H. Rehnquist

Northern Illinois University Law Review

This Article is the text of a speech given by Chief Justice Rehnquist in celebration of the Bicentennial of the United States Constitution. The Article explores the history of the Constitution in light of the political environment of the time. Similar documents which existed in certain European countries at this time are compared and contrasted to the Constitution. The focal point of the comparison is an illumination of the importance of the Constitution's provision for an independent judiciary--the unique mechanism by which the rights of individuals are enforced.

Rethinking Tison V. Arizona, Michael T. Barrett

Northern Illinois University Law Review

This Note traces the numerous cases leading to the development of modern proportionality analysis pursuant to the eighth amendment's Cruel and Unusual Punishment Clause. An analysis of Tison v. Arizona follows, concluding the conduction of proportionality analysis in Tison was not only inconsistent with the generic analysis conducted in prior cases, but contrary to the underlying purpose of such analysis. This Note lastly explores the possible adverse consequences Tison has on death sentencing and the doctrine of stare decisis.