Digital Commons Network^™

Des: The Patchwork Quilt Of Tort Law, Sharon C. Brennan

Northern Illinois University Law Review

This Comment will present an overview of the major issues confronting the DES litigant and will analyze the arguments and reasoning of the most significant cases addressing those issues. Common factors upon which the courts tend to base their decisions will be discussed.

Constitutional Chaos: Rodrock V. Security Industrial Bank / Thorp Finance Corporation V. Gifford, Richard L. Merrick

Northern Illinois University Law Review

An extensive analysis of the history of bankruptcy law in order to show that the Rodrock and Gifford decisions were incorrect in their analysis of "value" which exceeded time-honored constitutional and common law limitations.

Educational Loans In Bankruptcy, Lawrence Kalevitch

Northern Illinois University Law Review

An analysis of judicial treatment of student loans in bankruptcy proceedings, with special emphasis on four particular problem areas.

Non-Profit Musical Performance Societies And The 1976 Copyright Act: Selected Problems And Possible Solutions, Richard J. Siegel

Northern Illinois University Law Review

This comment will propose that a minimal right to arrange is conferred with the right to perform where there is either no arrangement available, or the available arrangements are not suitable for use by the given ensemble. The extent to which the director may copy and edit purchased music will be described. It will also be argued that profits from performance may be retained by the performing group and that no notice is required to be given to the copyright owner for such use. Finally, the practice of recording the group's performances will be explored, and it will be concluded …

Patentability Of Software Technology, John C. Moran, Mark E. James

Northern Illinois University Law Review

The purpose of this paper is to review the Supreme Court's holding in Diamond v. Diehr and analyze it in view of the Court's two earlier decisions. The holding in Diehr will then be contrasted with the CCPA's analysis of processes utilizing computers and a prediction is made as to the likely impact of the Diehr decision.

The Lassiter Decision: Termination Of Parental Rights - New Standards For Right To Appointed Counsel, Deborah L. Ahlstrand

Northern Illinois University Law Review

This casenote will examine the historical development of the constitutional right to counsel. It will then analyze the Court's opinion in Lassiter in light of previous cases and look to the future impact of the decision.

The Potential For Post-Discharge Lien Survival: Problems Surrounding Sections 506(D) And 524(A) Of The Bankruptcy Code Of 1978, Andrew J. Schmid

Northern Illinois University Law Review

Because of the ambiguities surrounding the discharge injunction, the author suggests that section 506(d) should be recognized by the bankruptcy bar for its value in preventing attachment of inchoate liens, impairing the debtor's "fresh start."

The Precarious Constitutionality Of Rico Civil Remedies, Edward J. Rodgers Iii

Northern Illinois University Law Review

This Comment will analyze the differences between civil, quasi-criminal and criminal cases, and demonstrate that RICO civil remedies are civil (regulatory-compensatory) in nature, rather than criminal (penal), or quasi-criminal. In making this determination, this Comment will examine the legislative history of RICO and its relationship to antitrust precedent, and apply to RICO the tests currently used by the United States Supreme Court to determine borderlines between civil, quasi-criminal and criminal laws.

The Commons Concept: An Historical Concept With Modern Relevance, Lynda L. Butler

William & Mary Law Review

No abstract provided.

English Carriers' Common-Law Right To Reject Undeclared Cargo: The Myth Of The Closed-Container Conundrum, John R. Pagan

William & Mary Law Review

No abstract provided.

A Citizen's Guide To The Constitution Of The State Of Alaska, Gordon S. Harrison

ISER Reports

No abstract provided.

The Rights Of Adolescents, Robert Batey

William & Mary Law Review

No abstract provided.

Law Based On Accepted Authority, Michael A. Payne

William & Mary Law Review

No abstract provided.

Chinese Law And Justice: Trends Over Three Decades, Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.

Foreseeing Is Believing: Community Imposition Of Liability For The Acts Of “Dangerous” Former Mental Patients, Bruce Ledewitz

Ledewitz Papers

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

Book Review, Bruce Ledewitz

Ledewitz Papers

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

The Requirement Of Death: Mandatory Language In The Pennsylvania Death Penalty Statute, Bruce Ledewitz

Ledewitz Papers

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

The Requirement Of Death: Mandatory Language In The Pennsylvania Death Penalty Statute, Bruce Ledewitz

Ledewitz Papers

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

Harm, Utility, And The Obligation To Obey The Law, Richard Dagger

Political Science Faculty Publications

In a recent essay, "Political Obligation", R. M. Hare sets out a utilitarian account of the obligation to obey the law which he believes to be immune to an objection often brought against such accounts. In what follows I shall briefly review this objection and Professor Hare's response to it; than I shall go on to argue that Hare's response, ingenious as it is, fails to defeat the objection. Hare's argument is instructive nonetheless, for its failure tells us something about wrongs and harm as well as utility and political obligation.

Commercial Paper In Economic Theory And Legal History, Harold R. Weinberg

Law Faculty Scholarly Articles

Commercial-paper played a significant role in antebellum America by partially filling the void resulting from the shortage of gold and silver coinage and the absence of a reliable paper currency. Although most legal historians would agree with this premise, a controversy has arisen in recent years concerning negotiability, that collection of legal rules which greatly enhanced the usefulness of bills of exchange and promissory notes in commerce and finance.

Many scholars believe that negotiability, along with other pre-Civil War legal doctrines, was intended to facilitate the development of a national market system and economic growth. This view typically holds that …

Kentucky Law Survey: Criminal Rules, William H. Fortune

Law Faculty Scholarly Articles

In May 1978 the Kentucky Supreme Court set up a Criminal Rules Revision Committee (Advisory Committee) to study Kentucky's Rules of Criminal Procedure. The purpose of the Advisory Committee was to make recommendations to the Judicial Council. The committee met sixteen times between July 1978 and July 1980, and at the conclusion of its study, submitted a comprehensive revision of the rules of criminal procedure to the judicial council. These proposed revisions went beyond mere amendment of the existing rules. The Advisory Committee drew heavily from the Federal Rules of Criminal Procedure, and ultimately proposed extensive changes in plea bargaining, …

Nuclear Weapons And Constitutional Law, Arthur S. Miller

Nova Law Review

The time has come for lawyers to confront the question of whether

nuclear weapons-their manufacture, deployment, and use-can be

justified under either constitutional or international law.

Lawyers Can, But Law May Be Unable To Contribute To Nuclear Weapons Debate, L. Harold Levinson

Nova Law Review

Professor Miller concludes that "law and lawyers have something

useful to contribute to the growing debate about nuclear war." I agree

that lawyers can make a useful contribution. Whether the law can

make a contribution is quite another matter, on which I have serious

doubts.

Conspiracies To Obstruct Justice In The Federal Courts: Defining The Scope Of Section 1985(2), Janet A. Barbiere

Fordham Law Review

No abstract provided.

The Law And The Nurse Anesthetist, Beverly Ann Krause

Theses

Should the surgeon, as "captain of the ship", be liable for the negligent acts of the Certified Registered Nurse Anesthetist? The Certified Registered Nurse Anesthetist is a highly skilled and educated nurse and is far more informed about anesthesia than the surgeon . The surgeons resent this needless liability , and because of this, the use of Certified Registered Nurse Anesthetists to administer anesthetics might decrease.

To prove that the hypothesis was correct, several methods of research were done . A content analysis showed that the courts are divided on their decisions. There have been many decisions absolving the surgeon …

Judicially Created Defenses To The Unauthorized Use Of Trademarks, Jonathan Binnie

Northern Illinois University Law Review

This comment identifies circumstances in which courts have permitted the unauthorized use of anothers' trademark where the use was outside the exceptions enumerated in the Lanham Act. The author ascertains underlying policy interests being protected and unifying principles in each defense, then sets forth the elements necessary to raise these defenses to claims of trademark infringement and unfair competition.

Commentary: The Imprisonment Decision--Why Not Try Something Old?, Joel H. Swift

Northern Illinois University Law Review

A response to Professor Zimring discussing the procedures used in the sentencing process, focusing on the imprisonment decision. A more extensive use of "due process" type procedures at the sentencing stage is proposed.

Bullington V. Missouri: The Cloning Of The Prosecutorial Apple, Carol Evans Walker

Northern Illinois University Law Review

The double jeopardy clause is now interpreted to prohibit a redetermination of a sentence where a state's capital sentencing statutes mandate a bifurcated trial in which the sentencing hearing is procedurally identical to the guilt determination portion of the trial.

Commentary: Imprisonment--The Misplaced Focus Of Sentencing Reform, Andrea Monsees

Northern Illinois University Law Review

A response to Professor Zimring suggesting that imprisonment was a temporary adjustment to the loss of more productive forms of punishment and that it is an anachronism when used as the focus of sentencing reform.

Commentary: Some Lessons From The History Of Illinois Sentencing Laws, James B. Haddad

Northern Illinois University Law Review

An analysis that criticizes Professor Zimring's conclusions and argues that sentencing reform in Illinois resulted in a fair, determinate system based on lessons learned from the past.