Digital Commons Network^™

Mortgage Priority Problems: The New Illinois Mortgage Foreclosure Act And The Impact Of The Uniform Acts, Robert Kratovil

Northern Illinois University Law Review

This Article looks at the New Illinois Mortgage Foreclosure Act as it relates to priority in the foreclosure of construction loans. In addition, the Article explores the impact of the various Uniform Acts on construction loan priority. The Article concludes that Illinois' adoption of the Uniform Commercial Code approach brings Illinois into line with modern thinking in this area of the law.

Ford V. Wainwright: The Eighth Amendment, Due Process, And Insanity On Death Row, Stephen L. Ihm

Northern Illinois University Law Review

Analysis of the Supreme Court opinion which recognized an eighth amendment right not to be executed while insane and a discussion of the possible effect this newly found right will have on due process requirements in state capital punishment procedures.

Medical Malpractice: Constitutional Implications Of A Cap On Damages, Lisa A. Treviranus

Northern Illinois University Law Review

In an effort to remedy the medical malpractice insurance crisis, a number of states have enacted caps on damages. These caps limit the amount a medical malpractice plaintiff can collect. When. challenged on constitutional grounds, some caps have survived attack while others have been struck down. This comment examines and categorizes the analyses used by state courts which have ruled on the constitutionality of caps on damages. Additionally, this comment suggests criteria which should be reviewed by state legislatures planning to adopt a cap, in an effort to insure that the cap will survive constitutional challenge.

The Law Of Lawyering. By Geoffrey C. Hazard, Jr. And W. William Hodes, Maynard E. Pirsig

Northern Illinois University Law Review

A discussion of the recent treatise on the ABA Model Rules of Professional Conduct. Professor Pirsig, in his review, focuses on the authors' treatment of Rule 1.6 on confidential communications and Rule 1.13 on organization attorneys, comparing the authors' interpretations of those rules to various alternative interpretations.

The Right Of Abortion In Surrogate Motherhood Arrangements, Carmina Y. D'Aversa

Northern Illinois University Law Review

This article examines whether the right of abortion in the surrogate motherhood context is subject to veto or waiver by contract. After reviewing legislative alternatives to vetoing the surrogate's right to abort, the article concludes that artificial womb technology is the ultimate solution to the couple's dilemma in securing a healthy baby.

"An Exuberance Of Prerogative" - The Application Of Ill. Rev. Stat. Ch. 110, Para. 2-611 And/Or The Contempt Sanction To Attorney Disciplinary Proceedings In Illinois, Susan W. Brenner, Jack S. Craven

Northern Illinois University Law Review

This Article explores the alternative applicability of Rule 2-611 or the contempt sanction to a reinstatement petition by a previously disciplined attorney. This Article concludes that because these proceedings are "original proceedings" before the Illinois Supreme Court, and because the Illinois Supreme Court has never promulgated any rules in this area, Rule 2-611 has no applicability here. The Article further concludes that precedent would not support the finding of a direct criminal contempt in this situation.

Lawyers In Business, Justin A. Stanley

Northern Illinois University Law Review

This Article explores a new and interesting question in the area of professional responsibility: How should the legal profession deal with large law firms involved in non-legal businesses? The modern trend in today's large law firms towards offering non-legal financial and real estate investment and counseling services poses some difficult professional responsibility questions which this Article begins to explore. Mr. Stanley concludes that the American Bar Association, or some other appropriate agency, should move quickly to deal with this growing problem before the government takes steps to regulate in this area.

Mccleskey V. Kemp: The Shadow Of Racism On The Capital Sentencing Process, Regina M. Harris

Northern Illinois University Law Review

This Note discusses the United States Supreme Court decision refusing to infer abuse of prosecutorial discretion in a specific case from a statistical study showing that defendant's whose victims were white are over 4 times more likely to receive a death sentence in the State of Georgia than defendants whose victims were black. This Note concludes that detailed record-keeping by prosecutors in potential capital sentence cases is essential to curbing unevenly-imposed death sentencing.

Challenge To The First Amendment, Bruce Ledewitz

Ledewitz Papers

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

Foreword: Economists On The Bench, Jerome M. Culp

Law and Contemporary Problems

No abstract provided.

An Economic Framework For Statutory Interpretation, Mario J. Rizzo, Frank S. Arnold

Law and Contemporary Problems

No abstract provided.

The Debate Over Bork Nomination Misses The Point, Bruce Ledewitz

Ledewitz Papers

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

The Judicial Campaign Against Polygamy And The Enduring Legal Questions, Edwin B. Firmage

BYU Studies

No abstract provided.

Agenda: The Public Lands During The Remainder Of The 20th Century: Planning, Law, And Policy In The Federal Land Agencies, University Of Colorado Boulder. Natural Resources Law Center

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

Conference organizers and/or speakers included University of Colorado School of Law professors Lawrence J. MacDonnell and Charles F. Wilkinson.

Public land management has undergone major changes in recent years in response to the greatly increased planning responsibilities mandated by Congress.

Public Lands During the Remainder of the 20th Century: Planning Law and Policy in the Federal Land Agencies looked at management and planning issues related to seven major resources in the public lands: timber, rangeland, minerals, wildlife, water, recreation, and preservation values. Charles F. Wilkinson, Professor of Law, University of Colorado, gave a luncheon talk on "Public Land Planning: Will …

A Conversation Between A Judge And His Friend Concerning Whether The Judge Should Sentence A Defendant To Death, Bruce Ledewitz

Ledewitz Papers

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

Observations About The Use Of Legislative History, Kenneth W. Starr

Duke Law Journal

No abstract provided.

Introductory Remarks, Marshall J. Breger

Duke Law Journal

No abstract provided.

A Reply To Judge Starr’S Observations, Abner J. Mikva

Duke Law Journal

No abstract provided.

Strict Liability And State-Of-The-Art Evidence In Illinois, James Christensen

Northern Illinois University Law Review

This comment discusses Illinois' treatment of state-of-the-art evidence as a defense to a strict liability claim. The article argues that Illinois should disallow the defense in the area of unknowable risk for the same reasons that Illinois disallows the defense in undiscoverable risk.

A Sobering Ride Home: Obremski V. Henderson, Frank M. Calvert

Northern Illinois University Law Review

A growing number of jurisdictions have adopted the view that intoxicated drivers may not only be subject to criminal prosecution by the state for their reckless conduct, but may also be held liable in a civil action for monetary damages by their injured victims. This article examines this growing trend and concludes that this civil remedy will help insure that victims will not go uncompensated, as well as trying to provide a disincentive to drinking and driving by assessing treble damages and attorney's fees to the plaintiff in the civil action.

Legal Education In The Era Of Change: Law School Autonomy, James P. White

Duke Law Journal

No abstract provided.

The Law School Curriculum: The Process Of Reform, John C. Weistart

Duke Law Journal

No abstract provided.

Should Prisons Be Privately Run?: No Quick Fixes, Ira Robbins

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Judicial Conscience And Natural Rights: A Reply To Professor Jaffa, Bruce Ledewitz

Ledewitz Papers

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

The New Role Of Statutory Aggravating Circumstances In American Death Penalty Law, Bruce Ledewitz

Ledewitz Papers

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

Judicial Right Answers In The Common Law, Brian Donohue

Digitized Theses

This thesis takes a fresh approach to the problem of whether common law judges have a duty to search for right answers. It begins with Dworkin's basic distinction between judgements (weak discretion) and choices (strong discretion). However, I go beyond Dworkin's distinction by arguing that the imposition of a duty to make a judgement as to a right answer or to make a choice functions within institutional settings as an eminently useful social practice. The first two chapters construct a model for this practice which I label the paradigm of institutional decision making. It is claimed that a study of …

The Law And Economics Of High Treason In England From Its Feudal Origin To The Early Seventeenth Century, Frank W. Harris

Valparaiso University Law Review

No abstract provided.

Nova University Master Of Public Administration Degree [No Date], Nova University

Abraham S. Fischler College of Education and School of Criminal Justice College Archive

No abstract provided.

Justice Scalia: Standing, Environmental Law And The Supreme Court, Michael A. Perino

Faculty Publications

President Reagan's appointment of Antonin Scalia to the United States Supreme Court raises concern among liberals that Justice Scalia will help lead the Court away from a number of liberal positions toward a new conservatism. The Reagan Administration's requirement that judicial appointments advance the Administration's preference for judicial restraint and strict constructionism enhances this concern. These new executive requirements mean that federal courts should accord greater authority to the democratically elected branches of the government. Justice Scalia's primary areas of study, administrative law and separation of powers, reflect his adherence to judicial self-restraint.

One aspect of administrative law and separation …

Systems Approach To Documentary Maritime Fraud, Peter Kapoor

Other Faculty of Science and Engineering Theses

Wring the last decade documentary maritime fraud has caused considerable financial loss. The internationality of the crime and the difficulties experienced in the investigation and prosecution of offenders has caused serious concern both nationally and internationally. The aim of this research was to examine the system of international trade in terms of flow between institutions, and to develop a model of the system to identify areas of system failures in terms of actual or potential frauds. A database consisting of 101 fraud cases was compiled. Detailed examination of the cases identified features common to different classes of fraud. Systems approach …