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Full-Text Articles in Law
Ready To Re-Launch: Fixing The Pitch For The Social Enterprise, Shelley A.D. Sandoval
Ready To Re-Launch: Fixing The Pitch For The Social Enterprise, Shelley A.D. Sandoval
Northern Illinois University Law Review
Corporate misfeasance places headlines of economic fraud and shareholder suits above the fold in today's changing marketplace. Corporate response directly appealing to the socially charged agenda of the incoming Millennial generation continues to fall short of marketplace expectations among buyers focused on genuine action and real-time transparency. Individual states have passed legislation to support development of social value on the corporate agenda using tax credits; most have been met with variable results. The international playing field enjoys aggressively growing support in recognition of social value creation and capture. The United States drags its heels bound by the stiff structures of …
Fairness At The Expense Of Commercial Certainty: The International Emergence Of Unconscionability And Illegality As Exceptions To The Independence Principle Of Letters Of Credit And Bank Guarantees, Roger J. Johns, Mark S. Blodgett
Fairness At The Expense Of Commercial Certainty: The International Emergence Of Unconscionability And Illegality As Exceptions To The Independence Principle Of Letters Of Credit And Bank Guarantees, Roger J. Johns, Mark S. Blodgett
Northern Illinois University Law Review
International transactions involve an array of risks. A persistent risk in individual commercial transactions occurs when parties do not know each other well enough to trust each other. Letters of credit and bank guarantees manage this transaction risk by shifting it onto trusted independent third parties. The value of these instruments rests upon the reliability of performance by such third parties, and that depends, in part, on the degree of judicial reluctance to enjoin their performance. To the extent one party to an underlying transaction believes the other can control the third party through injunction, the value of the third …
Can A Computer Read A Doctor's Mind? Whether Using Data Mining As Proof In Healthcare Fraud Cases Is Consistent With The Law Of Evidence, Colin Caffrey
Northern Illinois University Law Review
Healthcare fraud is a growing problem in the United States. Data mining is increasingly being used to combat it. After briefly explaining data mining, this article analyzes whether evidence obtained by data mining is admissible in court under the laws of evidence. It then examines the issue under both the Federal Rules of Evidence and the common law. This article focuses on three key questions: (1) Whether the use of prior acts by practitioners is proper under the law of evidence? (2) Is testimony based on data mining proper expert testimony? and (3) Does the methodology of data mining satisfy …
The Proverbial Axe To The Judicial Oak: The Impact Of Stoneridge On Plaintiff's Actions Under § 10(B), Laura D. Mruk
The Proverbial Axe To The Judicial Oak: The Impact Of Stoneridge On Plaintiff's Actions Under § 10(B), Laura D. Mruk
Northern Illinois University Law Review
This article analyzes the United States Supreme Court decision of Stoneridge Investment Partners, LLC v. Scientific-Atlanta, in which the Court held that fraud claims under section 10(b) of the Securities Exchange Act of 1934 cannot be sustained against third parties that did not directly mislead investors. After providing a brief overview of section 10(b) and rule l0b-5 jurisprudence, this note will discuss the facts surrounding the Stoneridge decision and provide an in-depth discussion of the majority opinion. This article ultimately advances the argument that the Stoneridge Court erred in its analysis of the plain language of the statute, previous case …
The Treaty Of St. Louis And Black Hawk's Bitterness, John K. Flanagan
The Treaty Of St. Louis And Black Hawk's Bitterness, John K. Flanagan
Northern Illinois University Law Review
In the process of expanding the American West, officials of the United States government negotiated and signed many treaties to obtain land from Indian tribes. Sometimes, more than one treaty was made with the same tribe regarding adjacent land after it was discovered by the government that the previous treaty gave too much land to the Indians. Arguably, many of these treaties involved a form of fraud or coercion on the part of government officials. One example of how lands were obtained by fraud is the Treaty of St. Louis. This article focuses on the reasons why Black Hawk, a …