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Articles 1 - 27 of 27
Full-Text Articles in Law
Vol. 8 No. 1, Fall 2016; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Vol. 8 No. 1, Fall 2016; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Northern Illinois Law Review Supplement
No abstract provided.
Vol. 8 No. 1, Fall 2016; Respite For Tantalus: Illinois’S Sexually Violent Persons Commitment Act – Due Process In (In)Action, Brian E. Wilson
Vol. 8 No. 1, Fall 2016; Respite For Tantalus: Illinois’S Sexually Violent Persons Commitment Act – Due Process In (In)Action, Brian E. Wilson
Northern Illinois Law Review Supplement
Under current Illinois law, criminals who have been adjudicated guilty of committing certain types of sex offenses can, at any point during their incarceration, be involuntarily committed indefinitely. They are sent to the Treatment and Detention Facility in Rushville, Illinois, where they are to undergo treatment for various disorders, and are not released until the Department of Human Services determines they no longer present a danger of re-offending. While this is the intent of the law, in practice this secondary commitment is violating these offenders' Due Process rights. This Comment examines the Sexually Violent Persons Commitment Act in Illinois; its …
Vol. 8 No. 1, Fall 2016; The Fatal Fiala Flaw: Hey! Why Not Just Make Arbitration Agreements Mandatory?, Adam N. Lichtenauer
Vol. 8 No. 1, Fall 2016; The Fatal Fiala Flaw: Hey! Why Not Just Make Arbitration Agreements Mandatory?, Adam N. Lichtenauer
Northern Illinois Law Review Supplement
This Article discusses the ability of healthcare agents to bind their principals with arbitration agreements when admitting their principals to nursing homes. A recent Illinois appellate court decision had the unfortunate effect of allowing nursing homes to expand the authority of healthcare agents to encompass arbitration agreements by simply making such agreements a requirement for admission. Although this ruling has the potential to further disadvantage people who are already unable to care for themselves, this Article will discuss approaches that can be used to correct the misstep.
An Argument In Support Of Tax-Free Per-Cap Distribution Payments Derived From Native American Nations Gaming Sources, Arthur Acevedo
An Argument In Support Of Tax-Free Per-Cap Distribution Payments Derived From Native American Nations Gaming Sources, Arthur Acevedo
Northern Illinois University Law Review
Gaming activities play important social, cultural, and economic roles for many Native American tribes. During the 1970s and 1980s, gaming activities spread throughout the country, and became more accessible to nonnative individuals. This growth in gaming activities drew the attention of state and local officials who sought to limit and regulate Native American gaming. In California v. Cabazon Band of Mission Indians, the State of California, arguing before the Supreme Court, asserted that it could exercise jurisdiction over Native American gaming activities. In a stunning defeat, the Supreme Court ruled against the State of California when it announced its decision …
Legislation To Admit Evidence Of Propensity When Prosecuting Dui Recidivists, Patrick D. Kenneally
Legislation To Admit Evidence Of Propensity When Prosecuting Dui Recidivists, Patrick D. Kenneally
Northern Illinois University Law Review
Despite gains, Illinois has yet to fully tourniquet the bloodletting caused by the selfish faction who persist in driving under the influence (DUI). Among this faction, DUI recidivists are commonplace and the elite threat. As Illinois legislators have done with prosecutions of sex offenders and domestic batterers, this Article advocates for the enactment of legislation allowing the State to admit evidence of a DUI defendants prior DUIs at trial. Admission of prior DUIs against a defendant will strengthen prosecutions of recidivists, which are inherently difficult, and ensure offenders face criminal sanctions proven to reduce recidivism.
Educating A Jury On Eyewitness Testimony: Using Jury Instructions Is A Better Approach Than Expert Testimony, Kelly Mckay
Educating A Jury On Eyewitness Testimony: Using Jury Instructions Is A Better Approach Than Expert Testimony, Kelly Mckay
Northern Illinois University Law Review
Eyewitness testimony experts are called to testify during criminal trials to explain the unreliability of eyewitness identifications. These experts describe to the jury how human memory works and try to create some doubt in the eyewitness's testimony. But are these experts really necessary when other methods can be used to create doubt in eyewitness testimony? This Comment discusses why eyewitness testimony experts should not be allowed to testify and the admissibility of eyewitness testimony experts throughout the country, primarily focusing on Illinois. This Comment also mentions New Jersey v. Henderson, which discusses the adoption of expansive jury instructions for eyewitness …
Prohibition's Hangover: How Antiquated Illinois Beer-Law Is Abused By Big Beer To The Substantial Detriment Of Craft Breweries, Ryan R. Lee
Northern Illinois University Law Review
The explosion of the craft beer industry in recent decades has revealed how antiquated the laws relating to beer in Illinois have become. Shaped primarily by the Liquor Control Act of 1934, the Beer Industry Fair Dealing Act, the mandatory three-tier distribution system, and the inadequate policing power of the Illinois Liquor Control Commission, the Illinois beer-law landscape allows big beer to abuse the system to the substantial detriment of craft breweries. These regulations and deficiencies prohibit craft breweries from growing to their full potential and encourage craft brewers to either relocate out of, or outright refuse to do business …
The Common Market For International Students: Does A Right To Free Movement And Equal Treatment For Students Exist In The European Union?, Jarrod Tudor
Northern Illinois University Law Review
The market for international students in Europe is a lucrative one. Although there is no express free movement of students in the Treaty on the Functioning of the European Union (TFEU), the European Court of Justice (ECJ) has combined, through its jurisprudence, several provisions of European Union (EU) law to create a de facto right of free movement and equal treatment for citizens as they cross member-state borders seeking a higher education. Articles 18, 20, and 21 of the TFEU guarantee freedom of movement for citizens of the EU across member-state borders and freedom from discrimination based on nationality. Article …
Toward Democracy In Criminal Procedure: The Significance & Limitation Of Citizen Participation In Criminal Trials In An Attempt To Accomplish Democracy In Criminal Justice In Korea, Soonmin Kwon
Northern Illinois University Law Review
Core principles of democracy are important not only in executive and legislative functions, but they are also significant to criminal adjudications. Many countries permit lay citizens to participate in fact-finding and/or sentencing in their criminal justice systems. When a lay person is allowed to judge whether a citizen has violated criminal law, direct democracy is incorporated into criminal justice, and the scope of democracy generally is expanded. Historically, the jury system has evolved as a legal means of expanding the freedom of citizens against political oppression by the state. The use of citizen juries in criminal proceedings takes fact-finding from …
Vol. 37, No. 1, Fall 2016: Table Of Contents, Northern Illinois University Law Review
Vol. 37, No. 1, Fall 2016: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Cyberbullying And The Law, Jamie Mosser
Cyberbullying And The Law, Jamie Mosser
Northern Illinois University Law Review
Laws are created to regulate behavior and criminalize actions. Sometimes those laws have unintended consequences when it is applied to behavior not anticipated to be covered by those laws. Most states do not have laws specifically directed towards the punishment of cyberbullying behavior. However, the laws that have been created to punish Internet behavior are being used to punish cyberbullying. This essay, which has been written for the Northern Illinois University Law Review's Symposium on the Legal Implications of Social Media, explores the different civil and criminal laws that have an intended or unintended regulation of a student's use of …
What’S Really At Steak: How Conflicts Of Interest Within The Fda And Usda Fail To Protect Consumers, Christine Beaderstadt
What’S Really At Steak: How Conflicts Of Interest Within The Fda And Usda Fail To Protect Consumers, Christine Beaderstadt
Northern Illinois University Law Review
Chipotle shut down all of its restaurants nationwide in response to the ongoing food poisoning outbreaks. The deadly pathogen e. coli sickened people from the East coast to the West, and cost taxpayers hundreds of thousands of dollars. This Comment explores how these pathogenic outbreaks continue to happen, despite having federal agencies that are tasked with outbreak prevention. The increase of pathogenic outbreaks like e. coli and salmonella correlates to looser enforcement of federal regulations by executive agencies like the FDA and USDA. These agencies are often staffed by former lobbyists of the meat and poultry industries, and some who …
Student-Athletes As Employees: Unmasking Athletic Scholarships, Zachary Bock
Student-Athletes As Employees: Unmasking Athletic Scholarships, Zachary Bock
Northern Illinois University Law Review
The National Collegiate Athletic Association (NCAA) and its member institutions have increasingly become some of the most powerful organizations in the country. With increased power it was only a matter of time before the NCAA and member institutions would feel pressure from its own constituents. As was expected, the pressure initiated in the summer of 2009 when Edward O'Bannon, former UCLA men's basketball standout, brought a class action lawsuit against the NCAA alleging antitrust violations. After a long battle in the United States District Court for the Northern District of California, O'Bannon's class action prevailed, but only to have the …
Free Speech And Defamation In An Era Of Social Media: An Analysis Of Federal And Illinois Norms In The Context Of Anonymous Online Defamers, Heidi Frostestad Kuehl
Free Speech And Defamation In An Era Of Social Media: An Analysis Of Federal And Illinois Norms In The Context Of Anonymous Online Defamers, Heidi Frostestad Kuehl
Northern Illinois University Law Review
This Article provides an overview of the evolution of defamation causes of action in an increasingly online era and focuses on successful discovery of anonymous online defamers. After the recent Illinois Supreme Court case of Hadley v. Doe (2015), there are unique Illinois discovery tools that attorneys may use to identify anonymous or unidentified defendants according to Supreme Court Rule 224 and 735 ILCS § 5/2-402. The Article begins with the landscape of federal law preemption of state law according to the Communications Decency Act's "Good Samaritan" provisions in Section 230 and explains why Internet Service Providers ("ISPs") and social …
Prosecuting Threats In The Age Of Social Media, Enrique A. Monagas, Carlos E. Monagas
Prosecuting Threats In The Age Of Social Media, Enrique A. Monagas, Carlos E. Monagas
Northern Illinois University Law Review
Social media has opened new avenues for perpetrators to threaten and intimidate. No longer does someone need to physically stalk their prey to deliver a message; they can now threaten anyone, anywhere with just one click of their cell phone. And because the threatening communications are often prepared in private and can be delivered anonymously, they are not regulated by social norms that would harshly condemn such behavior. Thus, it should come as little surprise that threats are increasing every year and online threats are fueling that growth. This Article considers the challenges facing prosecutors in charging and prosecuting online …
Law Firm Marketing In The Age Of Social Media: A Toolbox For Attorneys, Annie Mentkowski
Law Firm Marketing In The Age Of Social Media: A Toolbox For Attorneys, Annie Mentkowski
Northern Illinois University Law Review
This Article provides many sources for a broad spectrum of attorneys interested in learning more about social media. Part I explores the social media platforms popular in the legal profession. Part II presents select secondary sources that are intended to enhance attorney engagement with social media. Part III looks at popular resources for managing law firms' social media efforts. Part IV provides popular technology and social media current awareness resources. Part V lists case examples where attorneys have been disciplined for ethical violations stemming from the use of social media.
Vol. 36, No. 3, Summer 2016: Table Of Contents, Northern Illinois University Law Review
Vol. 36, No. 3, Summer 2016: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Vol. 7 No. 2, Spring 2016; Muddy Waters: Why Polluted Groundwater Infiltrating Navigable Waters Should Not Be Excluded From National Pollutant Discharge Elimination System Permitting, Tad Juilfs
Northern Illinois Law Review Supplement
The debate over whether the Clean Water Act has jurisdiction over migratory groundwater in the same way that it does over navigable waters of the United States (regarding effluent standards) has left a wide split among courts attempting to interpret and apply the policy, goals, and language of the law. The problem lies in the difference between applying the law given its objectives and goals, or in a strict fashion using simply the language in the text of the Clean Water Act, while supplementing support from legislative and case law history. First in this Note, background information is provided regarding …
Vol. 7 No. 2, Spring 2016; The Great De-Bait: America, Deer Hunting, And The Camouflage Of Anti/Pro-Baiting Regulations, Cole Deblaey
Vol. 7 No. 2, Spring 2016; The Great De-Bait: America, Deer Hunting, And The Camouflage Of Anti/Pro-Baiting Regulations, Cole Deblaey
Northern Illinois Law Review Supplement
Big-game baiting is hunting’s civil war of the soul, a battle of ideas like few the sport has ever seen. Most debates in the hunting community deal with the mechanics of the sport, nuts-and-bolts issues such as season dates, equipment and management strategies of wildlife agencies. This one is different. It questions the heart, soul, and motive of a hunter–and that inflames deep passions. The argument has been waged between brothers in the world’s oldest sport at hunting lodges, wildlife agencies, seats of government, and the ballot box. This Comment canvases and attempts to demystify the camouflage of pro and …
Vol. 7 No. 2, Spring 2016; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Vol. 7 No. 2, Spring 2016; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Northern Illinois Law Review Supplement
No abstract provided.
Condo-Ning Eviction: Questioning The Illinois Approach To Forcible Entry And Detainer Actions With Regard To Condominium Unit Owners, Jeffrey M. Reed
Condo-Ning Eviction: Questioning The Illinois Approach To Forcible Entry And Detainer Actions With Regard To Condominium Unit Owners, Jeffrey M. Reed
Northern Illinois University Law Review
Illinois is currently the only state that allows the forcible eviction of a condominium unit owner for failing to pay his monthly association dues. In Spanish Court Two Condominium Association v. Carlson, the Illinois Supreme Court was asked to determine whether the Illinois Condominium Property Act and the Forcible Entry and Detainer Act allow a unit owner to affirmatively defend against a forcible eviction by asserting that the condominium association was negligent in maintaining the condominium common areas. In a 4-3 decision, the Illinois Supreme Court held that such an affirmative defense is not "germane to the distinct purpose of …
Suesz V. Med-1 Solutions, Llc: Definition Of A Judicial District In The Venue Requirement Of The Fair Debt Collection Practices Act, Daniel Mark
Northern Illinois University Law Review
When a debt collector sues a debtor, the Fair Debt Collection Practices Act (FDCPA) requires the debt collector to file the suit in the same "judicial district" in which the debtor resides or where the contract giving rise to the suit was signed. This applies to state law actions filed in state courts. Normally this restriction is not an issue because state venue rules generally require a defendant to be sued in the county in which the defendant lives. And normally the courts in one county will not be construed as being more than one judicial district. However, the Seventh …
Dogging Darwin: America's Revolt Against The Teaching Of Evolution, Ruth C. Stern, J. Herbie Difonzo
Dogging Darwin: America's Revolt Against The Teaching Of Evolution, Ruth C. Stern, J. Herbie Difonzo
Northern Illinois University Law Review
More than four in ten Americans believe that God created humans in their present form 10,000 years ago. American antagonism toward the teaching of evolution is deeply rooted in fundamentalist tradition and an aversion to intellectualism. These forces have combined to demonize Charles Darwin to such an extent that sectarian-based legal and political attacks on evolution show no signs of abating. Darwin's day in court began in 1925 with the famous Scopes Monkey Trial. It continued into the 21st century with Kitzmiller v. Dover Area Schools. Throughout, the core creationist agenda has remained the same, although an evolution in labeling …
Out With The New And In With The Old: Why The Illinois Supreme Court Went Too Far In Kirk V. Michael Reese Hospital And Not Far Enough In Renslow V. Mennonite Hospital On The Issue Of Duties Owed To Third-Party Non-Patients In Medical Malpractice Cases, Andrea Maciver
Northern Illinois University Law Review
When the Illinois Supreme Court decided Renslow v. Mennonite Hospital in 1977 and Kirk v. Michael Reese Hospital in 1987, it was presented with unique facts where a third-party, non-patient was allegedly harmed by a physician's negligence. In its attempt to determine where the line for liability should be drawn in each case and whether a duty of care should be imposed, the court did not issue rulings that were limited to the facts of each case. Instead, the court created an exception in Renslow and a bright-line rule in Kirk. Unfortunately, not only do such rigid, legal rules not …
Vol. 36, No. 2, Spring 2016: Table Of Contents, Northern Illinois University Law Review
Vol. 36, No. 2, Spring 2016: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
'Yo, Prof!' Is Not The Proper Way To Address Me: Using A Status Email Assignment In First-Year Legal Writing To Address Issues With Student Correspondence, Meredith A.G. Stange
'Yo, Prof!' Is Not The Proper Way To Address Me: Using A Status Email Assignment In First-Year Legal Writing To Address Issues With Student Correspondence, Meredith A.G. Stange
College of Law Faculty Publications
As academic success professionals,we are used to focusing on student issues with legal analysis and understanding complex legal concepts. However, often our students need help with the more mundane. One such mundane issue gave rise to a status email assignment that incorporates basic professional communication skills into the 1L Legal Writing course.
The Inadvisability Of Nonuniformity In The Licensing Of Cover Songs, Yolanda M. King
The Inadvisability Of Nonuniformity In The Licensing Of Cover Songs, Yolanda M. King
College of Law Faculty Publications
In February 2015, the U.S. Copyright Office released a report entitled Copyright and the Music Marketplace, which summarizes its study of the music industry and recommends significant revisions to copyright law in response to the rapidly changing demands of the industry. Among its recommendations, the Copyright Office proposes an amendment to section 115(a)(2) of the Copyright Act. Currently, section 115(a)(2), referred to as the compulsory licensing provision of copyright law, permits someone to record a new version of a previously recorded and publicly distributed song, regardless of the format of the newly recorded version. The revised section 115(a)(2) would require …