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Articles 1 - 28 of 28
Full-Text Articles in Law
Vol. 9 No. 1, Fall 2017; Purpose, Prudence, And Path: Reevaluating The Primary Jurisdiction Doctrine In The Context Of Opioid Litigation, Abby Cunningham
Vol. 9 No. 1, Fall 2017; Purpose, Prudence, And Path: Reevaluating The Primary Jurisdiction Doctrine In The Context Of Opioid Litigation, Abby Cunningham
Northern Illinois Law Review Supplement
The primary jurisdiction doctrine is a judicially created discretionary tool which allows a court to halt proceedings in an action where a regulatory agency's interpretation of an issue within the matter is sin qua non to the full and final determination of the case. The doctrine first took shape in the early years of the 20th century and continues to be used today. The contours of the doctrine, however, have remained somewhat indistinct; its purposes of promoting uniformity, utilizing agency expertise, and promoting a proper working have not always been considered; and courts have failed to properly implement the doctrine. …
Vol. 9 No. 1, Fall 2017; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Vol. 9 No. 1, Fall 2017; 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.
Honey Bees & Neonicotinoids: Why Pollinators Need More Protections, Katherine Headley
Honey Bees & Neonicotinoids: Why Pollinators Need More Protections, Katherine Headley
Northern Illinois University Law Review
Honey bees are essential for the pollination of copious amounts of fruits, vegetables, and nuts. However due to several factors, including the use of highly toxic pesticides like neonicotinoids, honey bee populations are decreasing at an alarming rate. This Note explores the history of neonicotinoids and their connection to honey bee health before examining several municipal, state, and federal actions taken to curb honey bee loss. This Note proposes that there be a federal baseline for restricting the use of neonicotinoids throughout the United States while allowing individual states to create additional standards based upon specific types of agriculture within …
Safeguarding Judicial Integrity By Making The Executive Branch's Unfettered Amicus Gateway Transparent: An Argument For The Supreme Court To Exercise Its Inherent Authority To Make Public The President's Tax And Investment Records, Joshua Kastenberg
Northern Illinois University Law Review
When the executive branch submits an amicus brief to the federal appellate courts, and most importantly, to the Supreme Court, it has the strength of being considered under a standard of "the best interest of the United States." This enables a considerable advantage, but without the safeguards commensurate for ensuring that the standard is maintained. Other amicus actors must file a corporate interest statement of other type of disclosure that the Solicitor General is exempt from doing. The history of the Solicitor General should also provide skepticism that the federal courts are immune from being used for nefarious reasons. This …
Terry V. Ohio At 50: What It Created, What It Has Meant, Is It Under Attack And Is The Court Opening The Door To Police Misconduct?, Jeffrey D. Swartz
Terry V. Ohio At 50: What It Created, What It Has Meant, Is It Under Attack And Is The Court Opening The Door To Police Misconduct?, Jeffrey D. Swartz
Northern Illinois University Law Review
Fifty years ago, the United States Supreme Court issued their opinion in Terry v. Ohio. The underpinnings of this decision became the bedrock of Fourth Amendment jurisprudence. This article re-examines that decision, and its effect on the development of Fourth Amendment jurisprudence. What is the lasting effect, if any, of Utah v. Strieff and Heien v. North Carolina on Terry? Ultimately, this article is designed to bring the issues forward, and challenge the reader to examine what appears to be innocuous cases, the subtle attack on Terry's objective standards and the individual protections the case created, and whether, after fifty …
Vol. 38, No. 1, Fall 2017: Table Of Contents And Masthead, Northern Illinois University Law Review
Vol. 38, No. 1, Fall 2017: Table Of Contents And Masthead, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
From The Editor's Desk: A Tribute To Professor Reynolds, Andrew J. Mertzenich
From The Editor's Desk: A Tribute To Professor Reynolds, Andrew J. Mertzenich
Northern Illinois University Law Review
Professor Emeritus Reynolds was oft known as the "heart and soul" of our Law School. Indeed, the impression he left on thousands in this grateful community will remain strong for generations to come. Even now, long months after his passing, a fresh touch of gentle grief crosses the faces of those who encounter his name or spirit. Accordingly, to give permanent recognition to such an amazing teacher and mentor, we at the Northern Illinois University Law Review are honored to bring you Tributes to Professor Emeritus Daniel Reynolds. These Tributes come to us as far away as Bordeaux, France--showing us …
Understanding The Ethics Of Empowerment: An Elder Law Lawyer's Challenge Or Obligation?, Gregory T. Holtz
Understanding The Ethics Of Empowerment: An Elder Law Lawyer's Challenge Or Obligation?, Gregory T. Holtz
Northern Illinois University Law Review
This Article considers the concept of empowerment and the obligation lawyers have as they advise and counsel their clients, especially the elderly, in the use of estate planning documents which empower others to undertake responsibility on the client's behalf. The article proposes the lawyer achieve the "good result" for the client as a means of fulfilling that responsibility, applying it in the use of the durable power of attorney, advance directive, and psychiatric advance directive.
Wage Theft: Pilfering Paychecks, One Lunch At A Time, James Levault
Wage Theft: Pilfering Paychecks, One Lunch At A Time, James Levault
Northern Illinois University Law Review
The United States Department of Labor, Wage and Hour Division, is charged with enforcing the payment of minimum wage and overtime to employees. A common problem occurs when an employee performs work during their unpaid lunch. According to DOL regulations, an employee is entitled to payment for time worked whether they were requested to work or if the employer was completely unaware that work was being performed by the employee. Two tests are used to determine whether an employee should be paid for the work performed. The first test is the completely relieved of duty test and the second test …
Supply The Hand That Feeds: Narcotic Detection Dogs And The Fourth Amendment, Megan Yentes
Supply The Hand That Feeds: Narcotic Detection Dogs And The Fourth Amendment, Megan Yentes
Northern Illinois University Law Review
Police canines are highly valued by law enforcement agencies as they are capable of detecting the faintest scent of contraband. The Supreme Court has established that a canine sniff is not a "search" within the meaning of the Fourth Amendment, and as long as a canine has been formally trained by any "bona fide" organization, their positive alert provides law enforcement officials with the requisite probable cause to institute warrantless and invasive searches of automobiles. The Supreme Court's flawed approach was best summed up by Justice Souter when he stated, "The infallible dog, however, is a creature of legal fiction." …
Unmaking A Murderer: The Prosecutor's Duty To Remedy Wrongful Convictions, Richard Schmack
Unmaking A Murderer: The Prosecutor's Duty To Remedy Wrongful Convictions, Richard Schmack
Northern Illinois University Law Review
This Article will discuss the obligations and duties of a prosecutor in reviewing post-conviction claims of actual innocence in the context of the DeKalb County case of People v. Jack McCullough. In my role as State's Attorney, the chief prosecutor, I was required to formulate a response to the Defendant's claim of innocence. Ultimately, I reached the conclusion that he was innocent of the crime for which he had been convicted, and thereafter proactively participated in his exoneration. This Article will begin with a general discussion of the principles which apply to a prosecutor's assessment of claims of actual innocence, …
Vol. 37, No. 3, Summer 2017: Table Of Contents And Masthead, Northern Illinois University Law Review
Vol. 37, No. 3, Summer 2017: Table Of Contents And Masthead, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Persuading A State To Budge It: Benefits, Consequences, And Obstacles To State Budget Default Rules, Margaret Nunne
Persuading A State To Budge It: Benefits, Consequences, And Obstacles To State Budget Default Rules, Margaret Nunne
Northern Illinois University Law Review
The Illinois legislature's budget impasse has led to a series of measures cobbled together to keep the state operational and state employees paid. Late budgets, impasses, and failed budgets lead to government shutdowns. Government shutdowns mean government services can be put at risk, which, in turn, can harm the public. In considering the future, as politicians continue to or refuse to negotiate, default budget rules have been used to some success in other states by preventing a complete shutdown of the state in the face of an impasse. However, the use of the rule can cause different problems and may …
Wrongful Convictions And Their Causes: An Annotated Bibliography, Clanitra Stewart Nejdl
Wrongful Convictions And Their Causes: An Annotated Bibliography, Clanitra Stewart Nejdl
Northern Illinois University Law Review
This Annotated Bibliography directs attorneys to relevant, select legal periodical articles written from 2010 to 2016 on wrongful convictions and their causes. The authors focus on five major causes that lead to wrongful convictions, as evidenced by the literature. Part I of the Annotated Bibliography focuses on resources that discuss false confessions as a cause of wrongful convictions. Part II discusses resources that address the role of police and prosecutorial practices, including misconduct, in wrongful convictions. Part III provides articles on eyewitness and jailhouse informant issues related to wrongful convictions. Part IV contains articles that deal with how forensic evidence …
In Eyes, We Trust: The Changing Landscape Of Eyewitness Testimony, Manveen Singh
In Eyes, We Trust: The Changing Landscape Of Eyewitness Testimony, Manveen Singh
Northern Illinois University Law Review
Since the very advent of law enforcement, eyewitness testimony has played a pivotal role in identifying, arresting, and convicting suspects. Reliant heavily on the accuracy of human memory, nothing seems to carry more weight with the judiciary than the testimony of an actual witness. The acceptance of eyewitness testimony as a substantive piece of evidence lies embedded in the assumption that the human mind is adept at recording and storing events. Research though, has proven otherwise. Having carried out extensive study in the field of eyewitness testimony for the past 40 years, psychologists have concluded that human memory is fragile …
Suing Principals Alone For The Acts Of Agents, Jeffrey A. Parness, Alexander Yorko
Suing Principals Alone For The Acts Of Agents, Jeffrey A. Parness, Alexander Yorko
College of Law Faculty Publications
This past August the Illinois Appellate Court, in Yarbrough v. Northwestern Memorial Hosp., suggested there was never a need to join, or to continue to join, an agent when pursuing a vicarious liability lawsuit against its principal. Herein, we review this statement in Yarbrough. We then counsel lawyers and judges regarding future suits against principals based on the acts of agents. When it reviews the apparent agent issue in Yarbrough, perhaps the Supreme Court will clarify when the joinder of principals and agents may be required.
Vol. 8, No. 2, Spring 2017; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Vol. 8, No. 2, Spring 2017; 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. 2, Spring 2017; Injuries From Foul Balls, Broken Bats, And Railing Fall-Overs: Who Is Liable?, Jennifer Beebe
Vol. 8 No. 2, Spring 2017; Injuries From Foul Balls, Broken Bats, And Railing Fall-Overs: Who Is Liable?, Jennifer Beebe
Northern Illinois Law Review Supplement
Every Major League Baseball season ends with multiple injuries, if not casualties, resulting from flying baseball bats and baseballs entering the stands at unimaginable speeds, or eager spectators falling over the railings trying to catch a souvenir. The Illinois Baseball Facility Liability Act addresses who is liable when these unfortunate situations occur. However, the Act fails to give concrete safeguards that could be implemented in professional baseball stadiums to help alleviate some of the injuries that continue to occur. Additionally, the Act fails to give those unfortunate victims of these injuries or casualties a clear idea as to when they …
Vol. 8 No. 2, Spring 2017; The Predatory Hiring Standard For Section 2 Violations Of The Sherman Antitrust Act, Nicole Page
Vol. 8 No. 2, Spring 2017; The Predatory Hiring Standard For Section 2 Violations Of The Sherman Antitrust Act, Nicole Page
Northern Illinois Law Review Supplement
In antitrust claims of predatory hiring, plaintiffs allege that defendants have attempted to monopolize the market by eliminating their business or injuring their ability to compete by hiring away their employees. Universal Analytics, Inc., the principal case deciding this type of antitrust action, determined that unlawful predatory hiring may be established in two ways: (1) by showing the hiring was made with such predatory intent, or (2) by showing a “clear nonuse in fact.” After considering the criticism of the standards by legal scholars and examining key cases following Universal Analytics, Inc., this Note acknowledges the evolution of the application …
Vol. 37, No. 2, Spring 2017: Table Of Contents And Masthead, Northern Illinois University Law Review
Vol. 37, No. 2, Spring 2017: Table Of Contents And Masthead, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
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 …
Administrative Leave As An Adverse Action For Title Vii Retaliation: New Principles For Liability Call For New Updates To Policy, Zachary R. Cormier
Administrative Leave As An Adverse Action For Title Vii Retaliation: New Principles For Liability Call For New Updates To Policy, Zachary R. Cormier
Northern Illinois University Law Review
The time has come for employers and their attorneys to recognize that placing an employee on paid administrative leave, pending an investigation (or otherwise), has become a riskier proposition under Title VII of the Civil Rights Act of 1964. Numerous courts have held that a paid administrative leave, in most cases, will not constitute an “adverse employment action” as required by Title VII's discrimination provision. But herein lies the danger for employers making the decision on a paid administrative leave-- such relative security no longer applies to retaliation claims under Title VII. The warnings from federal circuit courts over the …
Policing Boilerplate: Reckoning And Reforming Rule 34’S Popular—Yet Problematic—Construction, Amir Shachmurove
Policing Boilerplate: Reckoning And Reforming Rule 34’S Popular—Yet Problematic—Construction, Amir Shachmurove
Northern Illinois University Law Review
At the beginning, the Federal Rules of Civil Procedure created a most liberal regime for the discovery of facts and winnowing of issues, awarding parties such essential tools as interrogatories, as set forth in Rule 33, and requests for production, governed by Rule 34. In the last two decades, in response to the seeming failure of this construct to achieve an efficient and just determination of every action, courts have begun to police the use of boilerplate objections to requests for production. Recognizing no distinction between types of boilerplate and acknowledging neither the textual differences within the rules nor the …
Unilateral Executive Power Enshrined In Law: The Zivotofsky Court Stays The Course, Kimberley L. Fletcher
Unilateral Executive Power Enshrined In Law: The Zivotofsky Court Stays The Course, Kimberley L. Fletcher
Northern Illinois University Law Review
Zivotofsky v. Kerry (2015) is the most recent challenge to presidential prerogatives, and while the Supreme Court addresses the erroneous mistake espoused by Justice Sutherland in 1936, the Court ultimately fails to harness the unbridled powers of the Executive in the area of foreign affairs. The Court establishes a new standard for presidential ascendancy, which leaves the imperial president largely intact. This Article shows that a dynamic and fluid institutional relationship exists between the executive branch and the Court; the Court affects constitutional and political development by taking a leading role in interpreting presidential decision-making in the area of foreign …
Cowboys Gone Rogue: The Bureau Of Land Management's Mismanagement Of Wild Horses In Light Of Its Removal Procedures Of 'Excess' Wild Horses, Kelsey Stangebye
Cowboys Gone Rogue: The Bureau Of Land Management's Mismanagement Of Wild Horses In Light Of Its Removal Procedures Of 'Excess' Wild Horses, Kelsey Stangebye
Northern Illinois University Law Review
In 1971, Congress passed the Wild Free-Roaming Horses and Burros Act (“the Act”), which made the Bureau of Land Management (“BLM”) responsible for managing and protecting the free-ranging wild horses and burros on federal public land in the western United States. As the Act permits, the BLM has been removing wild horses from the public range when the BLM determines that an overpopulation of wild horses exists. The excess wild horses are then managed by the BLM in holding facilities for an indefinite period of time. This management practice is unsustainable because the BLM spends nearly two-thirds of their annual …
Wrongful Convictions And Their Causes: An Annotated Bibliography, Clanitra Stewart Nejdl
Wrongful Convictions And Their Causes: An Annotated Bibliography, Clanitra Stewart Nejdl
College of Law Faculty Publications
This Annotated Bibliography directs attorneys to relevant, select legal periodical articles written from 2010 to 2016 on wrongful convictions and their causes. The authors focus on five major causes that lead to wrongful convictions, as evidenced by the literature. Part I of the Annotated Bibliography focuses on resources that discuss false confessions as a cause of wrongful convictions. Part II discusses resources that address the role of police and prosecutorial practices, including misconduct, in wrongful convictions. Part III provides articles on eyewitness and jailhouse informant issues related to wrongful convictions. Part IV contains articles that deal with how forensic evidence …
The Local Rules Revolution In Criminal Discovery, Daniel S. Mcconkie Jr.
The Local Rules Revolution In Criminal Discovery, Daniel S. Mcconkie Jr.
College of Law Faculty Publications
Over the last few decades, federal district court judges throughout the country have used local rules to greatly expand pretrial criminal disclosure obligations, especially for prosecutors. These local criminal discovery rules both incentivize prosecutors to act as ministers of justice and empower judges to manage prosecutorial disclosures. This quiet revolution is now well underway, and the time has come to amend the Federal Rules of Criminal Procedure to bring these innovations to all the districts. Commentators have long recognized that neither the Supreme Court precedent nor the Federal Rules effectively require prosecutors to provide the defense with enough discovery to …
Amor Y Esperanza: A Latina Lesbian Becomes A Law Professor, Elvia R. Arriola
Amor Y Esperanza: A Latina Lesbian Becomes A Law Professor, Elvia R. Arriola
College of Law Faculty Publications
Writing about my presence in the legal academy is about identifying the act of resistance in simply being myself as a Latina lesbian who was trying to develop as a feminist legal theorist when I thought about law teaching as a career in the late 1980s. Now recently retired, I can be grateful that I became a law professor at a time when fairly serious efforts were being made to diversify law faculties with the hiring of more women and racial and ethnic minorities. But in 1991, when I entered the academy as an assistant professor, not many law professors …