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Student Vandalism And Public Schools: The Scope Of The Illinois Educators' Directive To Discipline, Donald Shawler Nov 1988

Student Vandalism And Public Schools: The Scope Of The Illinois Educators' Directive To Discipline, Donald Shawler

Northern Illinois University Law Review

Following a brief review of the costs that student vandalism imposes upon society, and the history of discipline in public education, this Article turns to a discussion of the part due process considerations must play in Illinois school officials' decisions to suspend or expel pupils. Despite both procedural and substantive guarantees for students, the power to decisively act against vandals threatening to impede the educational process remains broad. An appendix to the Article sets forth a proposed regulation to assist educators in dealing with student vandals.

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Beyond Mite-Cts V. Dynamics: Has Management Won The Battle In The Fight Against The Tender Offer, And What Injury Has The Individual Shareholder Suffered?, James S. Zmuda Nov 1988

Beyond Mite-Cts V. Dynamics: Has Management Won The Battle In The Fight Against The Tender Offer, And What Injury Has The Individual Shareholder Suffered?, James S. Zmuda

Northern Illinois University Law Review

This Note examines two major Supreme Court cases addressing the conflict between federal and state law governing the use of the tender offer. Congress intended to protect the individual shareholder in making a decision whether to tender shares with voting rights, while balancing the legitimate interests of incumbent management and tender offerors. The Court upset this balance by upholding Indiana's Control Shares Acquisition Act as constitutional in the second of these two cases. This Note will highlight the inconsistencies between the cases, explain the present effect of both, and suggest an approach for states considering the adoption of takeover legislation.

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If Wishes Were Horses: Reflections Without Footnotes On Legal Education, Irving E. Fasan Nov 1988

If Wishes Were Horses: Reflections Without Footnotes On Legal Education, Irving E. Fasan

Northern Illinois University Law Review

This Commentary suggests a solution to the problems with legal education which the author identifies. The author promotes patterning legal education on either the teaching method employed in the field of accounting or medicine. Each approach emphasizes a broader based legal education with more concentration on the practical learning experience. This Commentary culminates by offering a possible way to reform rather than replace the current system of training lawyers.

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Always A Borrower: Law And Other Disciplines, Phillip Areeda Nov 1988

Always A Borrower: Law And Other Disciplines, Phillip Areeda

Duke Law Journal

No abstract provided.

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Constitution Of The Federative Republic Of Brazil Of 1988, Assembléia Nacional Constituinte Do Brasil Oct 1988

Constitution Of The Federative Republic Of Brazil Of 1988, Assembléia Nacional Constituinte Do Brasil

Latin American Energy Policies

The Brazilian Constitution includes declarations in favor of the use of alternative energy and renewable resources. Articles 21, 174, 177 have dispositions to regulate renewable energy activities.

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The Handmaiden’S Revenge: On Reading And Using The Newer Sociology Of Civil Procedure, David M. Trubek Oct 1988

The Handmaiden’S Revenge: On Reading And Using The Newer Sociology Of Civil Procedure, David M. Trubek

Law and Contemporary Problems

No abstract provided.

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Pro-Lifers Should Appeal To Constitution's Heart, Bruce Ledewitz Sep 1988

Pro-Lifers Should Appeal To Constitution's Heart, Bruce Ledewitz

Ledewitz Papers

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

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Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence, Bruce Ledewitz Sep 1988

Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence, Bruce Ledewitz

Ledewitz Papers

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

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Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence,, Bruce Ledewitz Sep 1988

Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence,, Bruce Ledewitz

Ledewitz Papers

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

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The Education Article Of The 1970 Constitution: Selected Policy Issues For Consideration And Debate At The Next Constitutional Convention, Douglas Anderson Jul 1988

The Education Article Of The 1970 Constitution: Selected Policy Issues For Consideration And Debate At The Next Constitutional Convention, Douglas Anderson

Northern Illinois University Law Review

The Education Article of the Illinois State Constitution, Article X, is one of the briefest in the document. Yet it deals with a subject which is of paramount importance to our society: the development of future generations of citizens--those who will be responsible for our democratic way of life, our culture in all its diversity, and the preservation and evolution of those values which underpin our society. This essay will devote its attention to Section 1, for statements of purpose and policy are often those most subject to ambiguity (deliberate or otherwise), to potential misinterpretation, and to the continued need …

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Foreword, Leonard P. Strickman Jul 1988

Foreword, Leonard P. Strickman

Northern Illinois University Law Review

No abstract provided.

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From Judicial Election To Merit Selection: A Time For Change In Illinois, Nancy Ford Jul 1988

From Judicial Election To Merit Selection: A Time For Change In Illinois, Nancy Ford

Northern Illinois University Law Review

This Article focuses on one of the paramount issues surrounding the 1970 Constitution. Illinois' current method of selecting judges by election is compared to selection by appointment. The Article analyzes the quality, accountability and independence of judges under both methods. While finding relatively little difference in quality or accountability under either system, the article concludes that greater judicial independence calls for a change to some form of appointive merit selection.

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Introduction, Samuel W. Witwer Jul 1988

Introduction, Samuel W. Witwer

Northern Illinois University Law Review

No abstract provided.

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Limits On State Taxation And Spending: Implications For The Illinois Constitutional Convention Referendum, J. Fred Giertz, David L. Chicoine Jul 1988

Limits On State Taxation And Spending: Implications For The Illinois Constitutional Convention Referendum, J. Fred Giertz, David L. Chicoine

Northern Illinois University Law Review

This Article considers the use of constitutional restraints on the state's power to tax and spend. The Article examines the effects of both traditional and specific limitations, and analyzes government growth rates, concluding that the traditional measures already in place in Illinois are adequate to control the size of state government without unduly restricting the state's ability to perform necessary governmental functions.

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The 1970 Illinois Constitution: Has It Made A Difference?, Ann Lousin Jul 1988

The 1970 Illinois Constitution: Has It Made A Difference?, Ann Lousin

Northern Illinois University Law Review

This Article provides an extensive overview of the 1970 Illinois Constitution dividing the document into ten topic areas. The Article explores the history, philosophy and politics which shaped the document, identifies most, if not all, of the important issues concerning the current Illinois Constitution, and analyzes its effectiveness in the years since its adoption in 1970.

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A Search For Accountability: Judicial Discipline Under The Judicial Article Of The 1970 Illinois Constitution, Pinky Wassenberg Jul 1988

A Search For Accountability: Judicial Discipline Under The Judicial Article Of The 1970 Illinois Constitution, Pinky Wassenberg

Northern Illinois University Law Review

This Article addresses the authority of the Illinois Judicial Inquiry Board and the Illinois Courts Commission created by the 1970 Illinois Constitution. The Article focuses on the limitations placed on the authority of the Board and the Commission by the Illinois Supreme Court in the Harrod v. Illinois Courts Commission case, as well as the issue of who should be the final arbiter in matters concerning judicial discipline.

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Illinois Home Rule And Taxation: A New Approach To Local Government Enabling Authority, James M. Banovetz, Thomas W. Kelty Jul 1988

Illinois Home Rule And Taxation: A New Approach To Local Government Enabling Authority, James M. Banovetz, Thomas W. Kelty

Northern Illinois University Law Review

This Article examines and assesses the use of the home rule powers which were granted to local governments by the 1970 Constitution. Focusing primarily on the power of taxation, the Article notes that the use of the home rule powers has been restrained and generally successful. The Article points to narrow judicial reactions, however, which may conflict with the apparent intent of the constitution's drafters to grant broad authority to local government under the home rule powers.

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Increased And Accessible Illinois Judicial Rulemaking, Jeffrey A. Parness, Bruce Elliot Keller Jul 1988

Increased And Accessible Illinois Judicial Rulemaking, Jeffrey A. Parness, Bruce Elliot Keller

Northern Illinois University Law Review

This Article discusses the problems which result from vesting the authority for making procedural rules governing the Illinois courts in both the General Assembly and the Illinois Supreme Court. After examining the constitutional history and applying policy rationales, the Article suggests that the constitution should give various types of primary authority for judicial rulemaking to the judiciary, with only secondary authority afforded to the legislature.

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Reconsidering The Amendatory Veto In Illinois, Jack R. Van Der Silk Jul 1988

Reconsidering The Amendatory Veto In Illinois, Jack R. Van Der Silk

Northern Illinois University Law Review

This Article considers the controversy surrounding the governor's power of amendatory veto as provided in the 1970 Constitution, and whether this gives the governor too much power over pending legislation. The Article details the history and debate which led to the inclusion of this provision in the current constitutional document, explores the ways the amendatory veto has been used, and describes the ongoing battle between the legislature and the governor concerning its use. The Article concludes that procedural changes in the manner in which the power is used will result in a better balance between the two branches of government.

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The 1970 Illinois Constitution: The First Two Decades--A Selected Bibliography, Ann Lousin Jul 1988

The 1970 Illinois Constitution: The First Two Decades--A Selected Bibliography, Ann Lousin

Northern Illinois University Law Review

No abstract provided.

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The Power Of State Constitutions In Protecting Individual Rights, Stanley Mosk Jul 1988

The Power Of State Constitutions In Protecting Individual Rights, Stanley Mosk

Northern Illinois University Law Review

Adapted from remarks presented at the annual joint meeting of the Illinois State Bar Association and the Illinois Judges Association in October, 1987, this Article emphasizes the important role state constitutions can play as an adjunct to the United States Constitution in protecting individual rights.

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Is '88 Supreme Court Election Permissible Under Pa. Law?, Bruce Ledewitz May 1988

Is '88 Supreme Court Election Permissible Under Pa. Law?, Bruce Ledewitz

Ledewitz Papers

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

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The "Soft" Existing Legal Protection Of Software And The Preemption Of State Shrink-Wrap License Enforcement Acts, Michael W. Mihm May 1988

The "Soft" Existing Legal Protection Of Software And The Preemption Of State Shrink-Wrap License Enforcement Acts, Michael W. Mihm

Northern Illinois University Law Review

This Note presents an overview of the existing legal means of protecting proprietary interests in computer software that are perceived as inadequate by the software industry. An analysis of Vault v. Quaid follows, and this Note concludes that current state-enacted shrink-wrap license enforcement acts that would supplement the existing legal means of protecting software from unauthorized copying are preempted by the federal Copyright Act, and thus software developers are left to rely on the remaining, albeit inadequate, means of protection.

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Hostile Corporate Takeovers: History And Overview, Philip N. Hablutzel, David R. Selmer May 1988

Hostile Corporate Takeovers: History And Overview, Philip N. Hablutzel, David R. Selmer

Northern Illinois University Law Review

This Article covers the history of corporate anti-takeover from pre-Williams Act proxy fights, through the Williams Act changes, to first- and second-generation state anti-takeover legislation. The Article also describes and compares anti-takeover legislation with special emphasis on the Indiana statute and the new Delaware statute.

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What Is Wrong With Takeover Legislation, George C. Hook May 1988

What Is Wrong With Takeover Legislation, George C. Hook

Northern Illinois University Law Review

This Article explores the different types of takeover legislation, both state and federal, and outlines the problems and difficulties of each type. The Article also takes a short look at the Model State Control Share Act and concludes that the Model Act does not accomplish what it set out to do.

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Control Share Statutes, Fred Axley, Roberta Blum Stein, Andrew Mccune May 1988

Control Share Statutes, Fred Axley, Roberta Blum Stein, Andrew Mccune

Northern Illinois University Law Review

This Article gives an overview of the different types of anti-takeover legislation, paying particular attention to control share statutes. The Article follows the development of control share statutes and the surrounding litigation in Missouri, Hawaii, Ohio and Indiana. The Article also points to questions that remain unanswered by the CTS decision, and operational problems with current control share statutes.

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Lender Liability Under A Workout Agreement: A View Towards A More Balanced Approach, Jeffrey J. Neppl May 1988

Lender Liability Under A Workout Agreement: A View Towards A More Balanced Approach, Jeffrey J. Neppl

Northern Illinois University Law Review

This Comment discusses the modern trend of workout agreements and the particular difficulties these agreements have given rise to. The Comment discusses the inadequacies of the traditional theories used in lender liability settings and advocates the imposition of a fiduciary relationship in workout agreements where the lender is given control of the operation of the debtor's business.

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The Right To Die In Illinois: A Comprehensive Scheme, David B. Collins May 1988

The Right To Die In Illinois: A Comprehensive Scheme, David B. Collins

Northern Illinois University Law Review

This Comment looks at the difficult issues surrounding living wills, and how courts or legislatures will treat cases where no living will exists. The Comment focuses on a series of New Jersey cases, and concludes with a suggested comprehensive statute which would cover loopholes left open by the current Illinois statutory scheme. The Comment is followed by two appendices which set out the text of the original Illinois Living Will Act and the 1988 changes to the Illinois Living Will Act.

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In Defense Of State Takeover Laws, Theodore W. Grippo May 1988

In Defense Of State Takeover Laws, Theodore W. Grippo

Northern Illinois University Law Review

This Article argues that an economic efficiency model of corporate takeover fails to take into account a number of important, and oftentimes local concerns. The Article further argues that there are a number of deficiencies and inadequacies in the current federal legislation. These factors support the conclusion in this Article that state anti-takeover legislation has an important role in the area of corporate acquisition and its regulation.

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Promissory Fraud In Illinois: What Is A Scheme To Defraud?, Raymond R. Nolasco May 1988

Promissory Fraud In Illinois: What Is A Scheme To Defraud?, Raymond R. Nolasco

Northern Illinois University Law Review

This Comment explores the fraudulent scheme or device exception to the general rule in Illinois prohibiting a tort action for promissory fraud. The Comment advocates the adoption in Illinois of the "total facts test" set out in Zaborowski v. Hoffman Rosner Corp. which would allow for recovery of punative damages, but only when the "scheme" consists of more than a single misrepresentation.

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