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Articles 1 - 19 of 19
Full-Text Articles in Law
Moving Forward From The Scoop Era: Providing Active Efforts Under The Indian Child Welfare Act In Illinois, Cassandra Crandall
Moving Forward From The Scoop Era: Providing Active Efforts Under The Indian Child Welfare Act In Illinois, Cassandra Crandall
Northern Illinois University Law Review
This Comment argues that Illinois should adopt the view that active efforts are a higher standard than reasonable efforts and implement procedures encouraging state agencies and courts to implement these requirements. Following the Supreme Court's rationale in Mississippi Choctaw Band of Indians v. Holyfield, one of the only Supreme Court cases addressing the ICWA, this Comment argues that a uniform definition and application of "active efforts" should exist in every jurisdiction. Furthermore, this Comment emphasizes that "active efforts" require more than "reasonable efforts," and that these standards are different. Part I of this Comment reviews the history of the ICWA. …
Seeking Equality In Wages For Employees With Intellectual And Developmental Disabilities, Kate Mcilvanie
Seeking Equality In Wages For Employees With Intellectual And Developmental Disabilities, Kate Mcilvanie
Northern Illinois University Law Review
This Comment discusses the little-known exception to the minimum wage within the Fair Labor Standards Act that allows individuals with intellectual and developmental disabilities to be paid at a rate below the federal minimum wage rate. Starting with background information regarding the progression of labor laws, this Comment addresses the current paradigm of the "sheltered workshop" and the current protections for persons with intellectual and developmental disabilities in the workforce. It will provide specific examples of exploitation that has occurred as a result of this practice, as well as an overview of opposing arguments in the controversy surrounding the sub-minimum …
Extending Batson To Peremptory Challenges Of Jurors Based On Sexual Orientation And Gender Identity, Mark E. Wojcik
Extending Batson To Peremptory Challenges Of Jurors Based On Sexual Orientation And Gender Identity, Mark E. Wojcik
Northern Illinois University Law Review
This Article argues that it is now time to extend Batson to all federal and state trial courts and expressly prohibit the exclusion of jurors based on their actual or perceived sexual orientation or gender identity. The lack of protection for jurors based on their actual or perceived sexual orientation or gender identity fosters discrimination in the law, violates the rights of lesbian, gay, bisexual, and transgender (LGBT) persons who may be excluded from serving on juries, violates the rights of LGBT persons whose criminal or civil cases are heard in court, and undermines public confidence in judicial proceedings that …
Vol. 40, No. 1, Fall 2019: Table Of Contents, Northern Illinois University Law Review
Vol. 40, No. 1, Fall 2019: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Of Dangers, Conditions, Children, And Maturity: A Plea For A Comprehensible Standard In Long-Standing Rules, Maureen Straub Kordesh
Of Dangers, Conditions, Children, And Maturity: A Plea For A Comprehensible Standard In Long-Standing Rules, Maureen Straub Kordesh
Northern Illinois University Law Review
This Article explores the common law doctrine of attractive nuisance in Illinois and proposes a more detailed explication of the rule. The doctrine lies in the junction between tort and contract, which might account for the incompleteness of its presentation. It argues that because law students are a significant audience for case law, the language of such rules should be as detailed and clear as possible.
Implications Of Adopting Blockchain Technology On International Sales Transactions, Gregory Benson Jr.
Implications Of Adopting Blockchain Technology On International Sales Transactions, Gregory Benson Jr.
Northern Illinois University Law Review
While technologies evolve, international laws with ancient roots must be updated, in order to better suit the needs of a modern world. One new technology, which has sent shockwaves into international and domestic law, is blockchain and its applicability to many facets of domestic and international business. This Comment analyzes how the letters of credit and international sales transactions would be impacted if the Uniform Customs and Practices published by the International Chamber of Commerce were to adopt blockchain technology. More specifically, the Comment analyzes how smart contracts would instill the same amount of trust on both sides of a …
Legislative And Regulatory Obligations On Corporate Attorneys: Production Data In The World Of Sarbanes Oxley And General Data Protections, David Tersteeg
Legislative And Regulatory Obligations On Corporate Attorneys: Production Data In The World Of Sarbanes Oxley And General Data Protections, David Tersteeg
Northern Illinois University Law Review
Sarbanes Oxley, General Data Protection Regulation, and the American Bar Association's Model Rules place significant professional and personal obligations on attorneys who represent organizations in regard to their organization's handling of production and personal data. There are significant areas of vulnerability to the production and personal data that are frequently overlooked or ignored which significantly increase the likelihood and damage from a data breach. This article will provide an overview of the obligations, recent data breaches, the foreseeability and material impacts of data breaches, and a methodology to drive improvement in an organization.
Vol. 39, No. 3, Summer 2019: Table Of Contents And Masthead, Northern Illinois University Law Review
Vol. 39, No. 3, Summer 2019: Table Of Contents And Masthead, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Gig-Dependence: Finding The Real Independent Contractors Of Platform Work, Keith Cunningham-Parmeter
Gig-Dependence: Finding The Real Independent Contractors Of Platform Work, Keith Cunningham-Parmeter
Northern Illinois University Law Review
Platforms such as Uber and TaskRabbit avoid employment obligations by categorizing their workers as “independent contractors.” Declining to follow overtime, antidiscrimination, and other workplace mandates, these platforms claim to employ no one. Applied on a grand scale, the entire project of platform labor threatens to destabilize our contemporary understanding of employment law. But not all platform workers possess the characteristics of genuine independent contractors, as courts first envisioned that category. Judges did not originally formulate the independent contractor distinction to define the boundaries of workplace protections; rather, the independent contractor classification was designed to limit the liability of masters for …
The Gig Economy: An Annotated Bibliography, Matthew L. Timko
The Gig Economy: An Annotated Bibliography, Matthew L. Timko
Northern Illinois University Law Review
Companies like Uber, Lyft, Postmates, Airbnb, and others have become established within society, to the point that Uber has become a regularly used verb. While the consumer benefits of these companies has been immediate, the legal implications remain far murkier. This emerging market has demonstrated that the twentieth century laws are unable to cope with these twenty-first century businesses in regard to employee rights, employer responsibilities, consumer protections, and federal and state regulations. This bibliography presents the primary and secondary sources which are essential to understanding what has been termed the "gig economy" so that readers have a background of …
Tangled Up In Blue: Adapting Securities Laws To Initial Coin Offerings, Ethan D. Trotz
Tangled Up In Blue: Adapting Securities Laws To Initial Coin Offerings, Ethan D. Trotz
Northern Illinois University Law Review
Issuers of blockchain-based projects have increasingly turned to Initial Coin Offerings to raise capital. Many of these offerings have similar characteristics to securities offerings, yet are often not registered or exempt from securities laws. Initial Coin Offerings present numerous risks to investors, including fraud, inadequate disclosures, and a lack of remedies. The Securities & Exchange Commission must step in to protect investors and limit losses. One way to do so is through regulation. The Securities & Exchange Commission should use existing regulations for Initial Public Offerings and securities offerings as a guideline. However, blockchain-based offerings present unique issues never before …
Method Matters: Statutory Construction Principles And The Illinois Trade Secrets Act Preemption Puzzle In The Northern District Of Illinois, William Lynch Schaller
Method Matters: Statutory Construction Principles And The Illinois Trade Secrets Act Preemption Puzzle In The Northern District Of Illinois, William Lynch Schaller
Northern Illinois University Law Review
Appellate methodology makes a difference when it comes to the interplay between statutes and judge-made law. The Illinois Trade Secrets Act (ITSA) through its preemption provisions abolishes some non-statutory claims and preserves others, but the line between the two remains a mystery--a mystery of extraordinary importance to those with information not rising to the level of trade secrets. Illinois state and federal appellate decisions have not improved matters: for over 30 years these appeals courts have failed to follow standard statutory construction rules and have yet to articulate a rationale justifying their opinions for or against preemption. This flawed methodology …
Mooove Over Cow's Milk: Why The Fda Should Amend Their Guidelines To Include For Plant-Based Alternatives, Lauren Harris
Mooove Over Cow's Milk: Why The Fda Should Amend Their Guidelines To Include For Plant-Based Alternatives, Lauren Harris
Northern Illinois University Law Review
Along with the rise in plant-based alternatives to conventional animal-based foods has been a concern over the use of terms established by the FDA that are specific to animal-based products. Can companies use terms such as "milk" when the product does not come from an animal or "mayo" when the product does not contain eggs? What if a company uses these terms in violation of the FDA's established guidelines and the FDA chooses not to take action? This article explores the history of the FDA, the rise of plant-based alternatives to conventional animal-based foods, consequent litigation and proposed legislation over …
Vol. 39, No. 2, Spring 2019: Table Of Contents And Masthead, Northern Illinois University Law Review
Vol. 39, No. 2, Spring 2019: Table Of Contents And Masthead, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
A Step Toward Normalizing End-Of-Life Care: Implications Of The Palliative Care And Hospice Education And Training Act (Pcheta), Robert Bulanda
A Step Toward Normalizing End-Of-Life Care: Implications Of The Palliative Care And Hospice Education And Training Act (Pcheta), Robert Bulanda
Northern Illinois University Law Review
Despite their rapid development in recent decades, hospice and palliative care continue to face challenges to universal acceptance and access throughout American society, as the American population and medical professions are reluctant to move away from traditional preventative care throughout the death and dying process. The Palliative Care and Hospice Education and Training Act (PCHETA) is a federal bill seeking to increase access to palliative and hospice care. This Note analyzes the history of the palliative and hospice care movement and the implications of the PCHETA, arguing that the bill acts as an important step toward normalizing hospice and palliative …
Police And Community Relations: Will "To Serve And Protect" Be Words The Public Can Ever Trust?, James Volpe
Police And Community Relations: Will "To Serve And Protect" Be Words The Public Can Ever Trust?, James Volpe
Northern Illinois University Law Review
In today's society police officers are constantly being criticized as having too much power over the citizens they are sworn to "serve and protect". Unlike before current technological advances, citizens can now see when a police officer uses force. In-squad video cameras, smart phones and police body cameras make it possible for violent encounters with police to be recorded and conveyed to millions of viewers within seconds. And the viewers don't like what they see! Even if the officer's force is well-grounded in the Constitution, there may still be serious negative community reaction to the way the officer handled the …
The Inexorable Expansion Of Medicaid Expansion, Brendan A. Williams
The Inexorable Expansion Of Medicaid Expansion, Brendan A. Williams
Northern Illinois University Law Review
Medicaid expansion to non-elderly adults under the Affordable Care Act (ACA) has come a long way since the U.S. Supreme Court made it optional in its landmark 2012 NFIB vs. Sebelius ruling, and 2018, in particular, was a banner year. In 2018 four states expanded Medicaid, three of them "red states" doing so by voter ballot. Expansion-favoring Democrats were also elected to replace expansion-opposing Republican governors. Strikingly, this success came just a year after Medicaid expansion, and the ACA as a whole, was only saved by a single U.S. Senate vote. This article examines the early pushback by states against …
Thomas Cromwell's Influence On The Laws Of England: A Basic Review Of The English System And Reforms In The Early 16th Century And The Rise Of The Act Of Attainder, Heather R. Darsie
Thomas Cromwell's Influence On The Laws Of England: A Basic Review Of The English System And Reforms In The Early 16th Century And The Rise Of The Act Of Attainder, Heather R. Darsie
Northern Illinois University Law Review
Thomas Cromwell left his mark on the English legal system with the introduction of various courts and legal reforms. In the 1530s, Cromwell took full advantage of his position at Henry VIII's court and used his legal mind to achieve Henry's goals. In the end, Cromwell's cleverness as a lawyer and zealous loyalty to Henry VIII impacted the history of England during the Reformation from both a legal and religious perspective. Unfortunately, the very same cleverness resulted in Cromwell being deprived of basic rights which led to his speedy downfall.
Remembering Stacia Hollinshed, James Levault
Remembering Stacia Hollinshed, James Levault
Northern Illinois University Law Review
No abstract provided.