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Articles 1 - 8 of 8
Full-Text Articles in Law
Ensuring Insurance: Adequate And Appropriate Coverage For Brady Claims In Illinois, Joe Delich
Ensuring Insurance: Adequate And Appropriate Coverage For Brady Claims In Illinois, Joe Delich
Northwestern University Law Review
The increase in wrongful conviction litigation has engendered a number of new doctrinal problems. This Note examines the existing rules governing insurance coverage for wrongful-conviction-related torts, in particular, due process claims for Brady violations. It then explores the rationale for the continuous trigger doctrine in the asbestos context, and argues that wrongful conviction claims call for a similar approach due to comparable latency concerns. There is a particular focus on Illinois law due to the state’s prevalence of wrongful conviction litigation and recent shifts in the law governing insurance triggers for malicious prosecution.
Under School Colors: Private University Police As State Actors Under § 1983, Leigh J. Jahnig
Under School Colors: Private University Police As State Actors Under § 1983, Leigh J. Jahnig
Northwestern University Law Review
Under 42 U.S.C. § 1983, individuals may sue those who violate their constitutional rights while acting under color of state law. The Supreme Court has held that private actors may act under color of state law, and may be sued under § 1983 in some circumstances. However, courts have not been consistent in determining whether private university police forces act under color of state law. Private universities often maintain police forces that are given extensive police powers by state statutes but are controlled by private entities. Some courts have looked directly to the state statutes that delegate police power, but …
Sox On Fish: A New Harm Of Overcriminalization, Todd Haugh
Sox On Fish: A New Harm Of Overcriminalization, Todd Haugh
Northwestern University Law Review
The harms of overcriminalization are usually thought of in a particular way—that the proliferation of criminal laws leads to increasing and inconsistent criminal enforcement and adjudication. For example, an offender commits an unethical or illegal act and, because of the overwhelming breadth and depth of the criminal law, becomes subject to too much prosecutorial discretion or faces disparate enforcement or punishment. But there is an additional, possibly more pernicious, harm of overcriminalization. Drawing from the fields of criminology and behavioral ethics, this Essay makes the case that overcriminalization actually increases the commission of criminal acts themselves, particularly by white-collar offenders. …
Prevention, Not Prejudice: The Role Of Federal Guidelines In Hiv-Criminalization Reform, Sarah J. Newman
Prevention, Not Prejudice: The Role Of Federal Guidelines In Hiv-Criminalization Reform, Sarah J. Newman
Northwestern University Law Review
Thirty-four states and two U.S. territories have criminal statutes that specifically impose criminal liability for HIV transmission, exposure, or nondisclosure. With possible sentences ranging up to thirty years, these statutes have even provided the basis for convicting HIV positive individuals who never actually transmitted the virus. To address the unreasonable prosecutions of these individuals, Representative Barbara Lee of California introduced the Repeal Existing Policies that Encourage and Allow Legal HIV Discrimination Act (REPEAL Act) to the U.S. House of Representatives on September 23, 2011. If passed, the REPEAL Act would require a systematic review of these statutes and the development …
Racketeering After Morrison: Extraterritorial Application Of Civil Rico, Daniel Hoppe
Racketeering After Morrison: Extraterritorial Application Of Civil Rico, Daniel Hoppe
Northwestern University Law Review
In Morrison v. National Australia Bank Ltd., the Supreme Court set forth a framework to identify the extraterritorial reach of a federal statute. The Supreme Court required that a statute demonstrate congressional intent to apply to extraterritorial conduct. Under this framework, federal courts have found that civil RICO does not apply to extraterritorial conduct. However, the courts have been inconsistent in their analysis of RICO under Morrison. Some courts have found that RICO does not apply to extraterritorial enterprises while others have found that RICO does not apply to extraterritorial conduct. But the courts have been consistent in …
The Price Of Justice: Interest-Convergence, Cost, And The Anti-Death Penalty Movement, Jolie Mclaughlin
The Price Of Justice: Interest-Convergence, Cost, And The Anti-Death Penalty Movement, Jolie Mclaughlin
Northwestern University Law Review
No abstract provided.
Mug Shot Disclosure Under Foia: Does Privacy Or Public Interest Prevail?, Kathryn Shephard
Mug Shot Disclosure Under Foia: Does Privacy Or Public Interest Prevail?, Kathryn Shephard
Northwestern University Law Review
No abstract provided.
Reclaiming The Equitable Heritage Of Habeas, Erica Hashimoto
Reclaiming The Equitable Heritage Of Habeas, Erica Hashimoto
Northwestern University Law Review
No abstract provided.